SOCIAL PROBLEMS
I. Pauperism
Perhaps the gravest of all the problems which
were to occupy the coming generation was
the problem of pauperism. The view taken
by the Utilitarians was highly characteristic
and important. I will try to indicate the
general position of intelligent observers
at the end of the century by referring to
the remarkable book of Sir Frederick Morton
Eden. Its purport is explained by the title:
'The State of the Poor; or, an History of
the Labouring Classes of England from the
Norman Conquest to the present period; in
which are particularly considered their domestic
economy, with respect to diet, dress, fuel,
and habitation; and the various plans which
have from time to time been proposed and
adopted for the relief of the poor' (3 vols.
4to, 1797). Eden(1*) (1766-1809) was a man
of good family and nephew of the first Lord
Auckland, who negotiated Pitt's commercial
treaty. He graduated as B. A. from Christ
Church, Oxford, in 1787; married in 1792,
and at his death (14th Nov. 1809) was chairman
of the Globe Insurance Company. He wrote
various pamphlets upon economical topics;
contributed letters signed 'Philanglus' to
Cobbett's Porcupine, the anti-jacobin paper
of the day; and is described by Bentham(2*)
as a 'declared disciple' and a 'highly valued
friend.' He may be reckoned, therefore, as
a Utilitarian, though politically he was
a Conservative. He seems to have been a man
of literary tastes as well as a man of business,
and his book is a clear and able statement
of the points at issue.
Eden's attention had been drawn to the subject
by the distress which followed the outbreak
of the revolutionary war. He employed an
agent who travelled through the country for
a year with a set of queries drawn up after
the model of those prepared by Sinclair for
his Statistical Accoumt of Scotland. He thus
anticipated the remarkable investigation
made in our own time by Mr Charles Booth.
Eden made personal inquiries and studied
the literature of the subject. He had a precursor
in Richard Burn
(1709-1785), whose History of the Poor-laws
appeared in 1764, and a competitor in John
Ruggles, whose History of the Poor first
appeared in Arthur Young's Annals, and was
published as a book in 1793 (second edition,
1797). Eden's work eclipsed Ruggles's. It
has a permanent value as a collection of
facts; and was a sign of the growing sense
of the importance of accurate statistical
research. The historian of the social condition
of the people should be grateful to one who
broke ground at a time when the difficulty
of obtaining a sound base for social inquiries
began to make itself generally felt. The
value of the book for historical purposes
lies beyond my sphere. His first volume,
I may say, gives a history of legislation
from the earliest period; and contains also
a valuable account of the voluminous literature
which had grown up during the two preceding
centuries. The other two summarise the reports
which he had received. I will only say enough
to indicate certain critical points. Eden's
book unfortunately was to mark, not a solution
of the difficulty but, the emergence of a
series of problems which were to increase
in complexity and ominous significance through
the next generation.
The general history of the poor-law is sufficiently
familiar.(3*) The mediaeval statutes take
us to a period at which the labourer was
still regarded as a serf; and a man who had
left his village was treated like a fugitive
slave. A long series of statutes regulated
the treatment of the 'vagabond.' The vagabond,
however, had become differentiated from the
pauper. The decay of the ancient order of
society and its corresponding institutions
had led to a new set of problems; and the
famous statute of Elizabeth (1601) had laid
down the main lines of the system which is
still in operation.
When the labourer was regarded as in a servile
condition, he might be supported from the
motives which lead an owner to support his
slaves, or by the charitable energies organised
by ecclesiastical institutions. He had now
ceased to be a serf, and the institutions
which helped the poor man or maintained the
beggar were wrecked. The Elizabethan statute
gave him, therefore, a legal claim to be
supported, and, on the other hand, directed
that he should be made to work for his living.
The assumption is still that every man is
a member of a little social circle. He belongs
to his parish, and it is his fellow-parishioners
who are bound to support him. So long as
this corresponded to facts, the system could
work satisfactorily. With the spread of commerce,
and the growth of a less settled population,
difficulties necessarily arose. The pauper
and the vagabond represent a kind of social
extravasation; the 'masterless man' who has
strayed from his legitimate place or has
become a superfluity in his own circle. The
vagabond could be fogged, sent to prison,
or if necessary hanged, but it was more difficult
to settle what to do with a man who was not
a criminal, but simply a product in excess
of demand. All manner of solutions had been
suggested by philanthropists and partly adopted
by the legislature. One point which especially
concerns us is the awkwardness or absence
of an appropriate administrative machinery.
The parish, the unit on which the pauper
had claims, meant the persons upon whom the
poor-rate was assessed. These were mainly
farmers and small tradesmen who formed the
rather vague body called the vestry. 'Overseers'
were appointed by the ratepayers themselves;
they were not paid, and the disagreeable
office was taken in turn for short periods.
The most obvious motive with the average
ratepayer was of course to keep down the
rates and to get the burthen of the poor
as much as possible out of his own parish.
Each parish had at least an interest in economy.
But the economical interest also produced
flagrant evils.
In the first place, there was the war between
parishes. The law of settlement -- which
was to decide to what parish a pauper belonged
-- originated in an act of 1662. Eden observes
that the short clause in this short act had
brought more profit to the lawyers than 'any
other point in the English jurisprudence.'(4*)
It is said that the expense of such a litigation
before the act of 1834 averaged from £300,000
to £350,000 a year.(5*) Each parish naturally
endeavoured to shift the burthen upon its
neighbours; and was protected by laws which
enabled it to resist the immigration of labourers
or actually to expel them when likely to
become chargeable. This law is denounced
by Adam Smith(6*) as a 'violation of natural
liberty and justice.' It was often harder,
he declared, for a poor man to cross the
artificial boundaries of his parish than
to cross a mountain ridge or an arm of the
sea. There was, he declared, hardly a poor
man in England over forty who had not been
at some time 'cruelly oppressed' by the working
of this law. Eden thinks that Smith had exaggerated
the evil: but a law which operated by preventing
a free circulation of labour, and made it
hard for a poor man to seek the best price
for his only saleable commodity, was, so
far, opposed to the fundamental principles
common to Smith and Eden. The law, too, might
be used oppressively by the niggardly and
narrow minded. The overseer, as Burn complained,(7*)
was often a petty tyrant: his aim was to
depopulate his parish; to prevent the poor
from obtaining a settlement; to make the
workhouse a terror by placing it under the
management of a bully; and by all kinds of
chicanery to keep down the rates at whatever
cost to the comfort and morality of the poor.
This explains the view taken by Arthur Young,
and generally accepted at the period, that
the poor-law meant depopulation. Workhouses
had been started in the seventeenth century(8*)
with the amiable intention of providing the
industrious poor with work. Children might
be trained to industry and the pauper might
be made self-supporting. Workhouses were
expected that is, to provide not only work
but wages. Defoe, in his Giving Alms no Charity,
pointed out the obvious objections to the
workhouse considered as an institution capable
of competing with the ordinary industries.
Workhouses, in fact, soon ceased to be profitable.
Their value, however, in supplying a test
for destitution was recognised; and by an
act of 1722, parishes were allowed to set
up workhouses, separately or in combination,
and to strike off the lists of the poor those
who refused to enter them. This was the germ
of the later 'workhouse test.'(9*) When grievances
arose, the invariable plan, as Nicholls observes,(10*)
was to increase the power of the justices.
Their discretion was regarded 'as a certain
cure for every shortcoming of the law and
every evil arising out of it.' The great
report of 1834 traces this tendency(11*)
to a clause in an act passed in the reign
of William III, which was intended to allow
the justices to check the extravagance of
parish officers. They were empowered to strike
off persons improperly relieved. This incidental
regulation, widened by subsequent interpretations,
allowed the magistrates to order relief,
and thereby introduced an incredible amount
of demoralisation.
The course was natural enough, and indeed
apparently inevitable. The justices of the
peace represented the only authority which
could be called in to regulate abuses arising
from the incapacity and narrow local interests
of the multitudinous vestries. The schemes
of improvement generally involved some plan
for a larger area. If a hundred or a county
were taken for the unit, the devices which
depopulated a parish would no longer be applicable.(12*)
The only scheme actually carried was embodied
in 'Gilbert's act' (1782), obtained by Thomas
Gilbert (1720-1798), an agent of the duke
of Bridgewater, and an active advocate of
poor-law reform in the House of Commons.
This scheme was intended as a temporary expedient
during the distress caused by the American
War; and a larger and more permanent scheme
which it was to introduce failed to become
law. It enabled parishes to combine if they
chose to provide common workhouses, and to
appoint 'guardians.' The justices, as usual,
received more powers in order to suppress
the harsh dealing of the old parochial authorities.
The guardians, it was assumed, could always
find 'work,' and they were to relieve the
able-bodied without applying the workhouse
test. The act, readily adopted, thus became
a landmark in the growth of laxity.(13*)
At the end of the century a rapid development
of pauperism had taken place. The expense,
as Eden had to complain, had doubled in twenty
years. This took place simultaneously with
the great development of manufactures. It
is not perhaps surprising, though it may
be melancholy, that increase of wealth shall
be accompanied by increase of pauperism.
Where there are many rich men, there will
be a better field for thieves and beggars.
A life of dependence becomes easier though
it need not necessarily be adopted. Whatever
may have been the relation of the two phenomena,
the social revolution made the old social
arrangements more inadequate. great aggregations
of workmen were formed in towns, which were
still only villages in a legal sense. Fluctuations
of trade, due to war or speculation, brought
distress to the improvident; and the old
assumption that every man had a proper place
in a small circle, where his neighbours knew
all about him, was further than ever from
being verified. One painful result was already
beginning to show itself. Neglected children
in great towns had already excited compassion.
Thomas Coram (1668?-1751) had been shocked
by the sight of dying children exposed in
the streets of London, and succeeded in establishing
the Foundling Hospital (founded in 1742).
In 1762, Jonas Hanway (1712-1786) obtained
a law for boarding out children born within
the bills of mortality. The demand for children's
labour, produced by the factories, seemed
naturally enough to offer a better chance
for extending such charities. Unfortunately
among the people who took advantage of it
were parish officials, eager to get children
off their hands, and manufacturers concerned
only to make money out of childish labour.
Hence arose the shameful system for which
remedies (as I shall have to notice) had
to be sought in a later generation.
Meanwhile the outbreak of the revolutionary
war had made the question urgent. When Manchester
trade suffered, as Eden tells us in his reports,
many workmen enlisted in the army, and left
their children to be supported by the parish.
Bad seasons followed in 1794 and 1795, and
there was great distress in the agricultural
districts. The governing classes became alarmed.
In December 1795 Whitbread introduced a bill
providing that the justices of the peace
should fix a minimum rate of wages. Upon
a motion for the second reading, Pitt made
the famous speech (12th December) including
the often-quoted statement that when a man
had a family, relief should be 'a matter
of right and honour, instead of a ground
of opprobrium and contempt.'(14*) Pitt had
in the same speech shown his reading of Adam
Smith by dwelling upon the general objections
to state interference with wages, and had
argued that more was to be gained by removing
the restrictions upon the free movement of
labour. He undertook to produce a comprehensive
measure; and an elaborate bill of 130 clauses
was prepared in 1796.(15*) The rates were
to be used to supplement inadequate wages;
'schools of industry' were to be formed for
the support of superabundant children; loans
might be made to the poor for the purchase
of a cow;(16*) and the possession of property
was not to disqualify for the receiving relief.
In short, the bill seems to have been(17*)
model of misapplied benevolence. The details
were keenly criticised by Bentham, and the
bill never came to the birth. Other topics
were pressing enough at this time to account
for the failure of a measure so vast in its
scope. Meanwhile something had to be done.
On 6th May 1795 the Berkshire magistrates
had passed certain resolutions called from
their place of meeting, the 'Speenhamland
Act of Parliament.' They provided that the
rate of wages of a labourer should be increased
in proportion to the price of corn and to
the number of his family -- a rule which,
as Eden observes, tended to discourage economy
of food in times of scarcity. They also sanctioned
the disastrous principle of paying part of
the wages out of rates. An act passed in
1796 repealed the old restrictions upon out-door
relief; and thus, during the hard times that
were to follow, the poor-laws were adapted
to produce the state of things in which,
as Cobbett says (in
1821) 'every labourer who has children is
now regularly and constantly a pauper.'(18*)
The result represents a curious compromise.
The landowners, whether from benevolence
or fear of revolution, desired to meet the
terrible distress of the times. Unfortunately
their spasmodic interference was guided by
no fixed principles, and acted upon a class
of institutions not organised upon any definite
system. The general effect seems to have
been that the ratepayers, no longer allowed
to 'depopulate,' sought to turn the compulsory
stream of charity partly into their own pockets.
If they were forced to support paupers, they
could contrive to save the payment of wages.
They could use the labour of the rate-supported
pauper instead of employing independent workmen.
The evils thus produced led before long to
most important discussions.(19*) The ordinary
view of the poor-law was inverted. The prominent
evil was the reckless increase of a degraded
population instead of the restriction of
population. Eden's own view is sufficiently
indicative of the light in which the facts
showed themselves to intelligent economists.
As a disciple of Adam Smith, he accepts the
rather vague doctrine of his master about
the 'balance' between labour and capital.
If labour exceeds capital, he says, the labourer
must starve 'in spite of all political regulations.'(20*)
He therefore looks with disfavour upon the
whole poor-law system. It is too deeply rooted
to be abolished, but he thinks that the amount
to be raised should not be permitted to exceed
the sum levied on an average of previous
years. The only certain result of Pitt's
measure would be a vast expenditure upon
a doubtful experiment: and one main purpose
of his publication was to point out the objections
to the plan. He desires what seemed at that
time to be almost hopeless, a national system
of education; but his main doctrine is the
wisdom of reliance upon individual effort.
The truth of the maxim 'pas trop gouverner,'
he says,(21*) has never been better illustrated
than by the contrast between friendly societies
and the poor-laws. Friendly societies had
been known, though they were still on a humble
scale, from the beginning of the century,
and had tended to diminish pauperism in spite
of the poor-laws. Eden gives many accounts
of them. They seem to have suggested a scheme
proposed by the worthy Francis Maseres1 (1731-1824)
in
1772 for the establishment of life annuities.
A bill to give effect to this scheme passed
the House of Commons in
1773 with the support of Burke and Savile,
but was thrown out in the House of Lords.
In 1786 John Acland (died 1796), a Devonshire
clergyman and justice of the peace, proposed
a scheme for uniting the whole nation into
a kind of friendly society for the support
of the poor when out of work and in old age.
It was criticised by John Howlett
(1731-1804), a clergyman who wrote much upon
the poor-laws. He attributes the growth of
pauperism to the rise of prices, and calculates
that out of an increased expenditure of £700,000,
£219,000 had been raised by the rich, and
the remainder 'squeezed out of the flesh,
blood, and bones of the poor.' An act for
establishing Acland's crude scheme failed
next year in parliament.(22*) The merit of
the societies, according to Eden, was their
tendency to stimulate self-help; and how
to preserve that merit, while making them
compulsory, was a difficult problem. I have
said enough to mark a critical and characteristic
change of opinion. One source of evil pointed
out by contemporaries had been the absence
of any central power which could regulate
and systematise the action of the petty local
bodies. The very possibility of such organisation,
however, seems to have been simply inconceivable.
When the local bodies became lavish instead
of over-frugal, the one remedy suggested
was to abolish the system altogether.
II. THE POLICE
The system of 'self-government' showed its
weak side in this direction. It meant that
an important function was intrusted to small
bodies, quite incompetent of acting upon
general principles, and perfectly capable
of petty jobbing, when unrestrained by any
effective supervision. In another direction
the same tendency was even more strikingly
illustrated. Municipal institutions were
almost at their lowest point of decay. Manchester
and Birmingham were two of the largest and
most rapidly growing towns. By the end of
the century Manchester had a population of
90,000 and Birmingham of 70,000. Both were
ruled, as far as they were ruled, by the
remnants of old manorial institutions. Aikin(23*)
observes that 'Manchester (in 1795) remains
an open town; destitute (probably to its
advantage) of a corporation, and unrepresented
in parliament.' It was governed by a 'borough-reeve'
and two constables elected annually at the
court-leet. William Hutton, the quaint historian
of Birmingham, tells us in 1783 that the
town was still legally a village, with a
high and low bailiff, a 'high and low taster,'
two 'affeerers,' and two 'leather-sealers.'
In 1752 it had been provided with a 'court
of requests', for the recovery of small debts,
and in 1769 with a body of commissioners
to provide for lighting the town. This was
the system by which, with some modifications,
Birmingham was governed till after the Reform
Bill.(24*) Hutton boasts(25*) that no town
was better governed or had fewer officers.
'A town without a charter,' he says, 'is
a town without a shackle.' Perhaps he changed
his opinions when his warehouses were burnt
in 1791, and the town was at the mercy of
the mob till a regiment of 'light horse'
could be called in. Aikin and Hutton, however,
reflect the general opinion at a time when
the town corporations had become close and
corrupt bodies, and were chiefly 'shackles'
upon the energy of active members of the
community. I must leave the explanation of
this decay to historians. I will only observe
that what would need explanation would seem
to be rather the absence than the presence
of corruption. The English borough was not
stimulated by any pressure from a central
government; nor was it a semi-independent
body in which every citizen had the strongest
motives for combining to support its independence
against neighbouring towns or invading nobles.
The lower classes were ignorant, and probably
would be rather hostile than favourable to
any such modest interference with dirt and
disorder as would commend themselves to the
officials. Naturally, power was left to the
little cliques of prosperous tradesmen, who
formed close corporations, and spent the
revenues upon feasts or squandered them by
corrupt practices. Here, as in the poor-law,
the insufficiency of the administrative body
suggests to contemporaries, not its reform,
but its superfluity.
The most striking account of some of the
natural results is in Colquhoun's(26*) Treatise
on the Police of the Metropolis. Patrick
Colquhoun (1745-1820), an energetic Scot,
was born at Dumbarton in 1745, had been in
business at Glasgow, where he was provost
in 1782 and 1783, and in 1789 settled in
London. In 1792 he obtained through Dundas
an appointment to one of the new police magistracies
created by an act of that year. He took an
active part in many schemes of social reform;
and his book gives an account of the investigations
by which his schemes were suggested and justified.
It must be said, however, parenthetically,
that his statistics scarcely challenge implicit
confidence. Like Sinclair and Eden, he saw
the importance of obtaining facts and figures,
but his statements are suspiciously precise
and elaborate.(27*) The broad facts are clear
enough.
London was, he says, three miles broad and
twenty-five in circumference. The population
in 1801 was 641,000. It was the largest town,
and apparently the most chaotic collection
of dwellings in the civilised world. There
were, as Colquhoun asserts(28*) in an often-quoted
passage, 20,000 people in it, who got up
every morning without knowing how they would
get through the day. There were 5000 public-houses,
and 50,000 women supported, wholly or partly,
by prostitution. The revenues raised by crime
amounted, as he calculates, to an annual
sum of £2,000,000. There were whole classes
of professional thieves, more or less organised
in gangs, which acted in support of each
other. There were gangs on the river, who
boarded ships at night, or lay in wait round
the warehouses. The government dockyards
were systematically plundered, and the same
article often sold four times over to the
officials. The absence of patrols gave ample
chance to the highwaymen then peculiar to
England. Their careers, commemorated in the
Newgate Calendar, had a certain flavour of
Robin Hood romance, and their ranks were
recruited from dissipated apprentices and
tradesmen in difficulty. The fields round
London were so constantly plundered that
the rent was materially lowered. Half the
hackney coachmen, he says,(29*) were in league
with thieves. The number of receiving houses
for stolen goods had increased in twenty
years from 300 to 3000.(30*) Coining was
a flourishing trade, and according to Colquhoun
employed several thousand persons.(31*) Gambling
had taken a fresh start about 1777 and 1778;(32*)
and the keepers of tables had always money
enough at command to make convictions almost
impossible. French refugees at the revolution
had introduced rouge et noir; and Colquhoun
estimates the sums yearly lost in gambling-houses
at over £7,000,000. The gamblers might perhaps
appeal not only to the practices of their
betters in the days of Fox, but to the public
lotteries. Colquhoun had various correspondents,
who do not venture to propose the abolition
of a system which sanctioned the practice,
but who hope to diminish the facility for
supplementary betting on the results of the
official drawing.
The war had tended to increase the number
of loose and desperate marauders who swarmed
in the vast labyrinth of London streets.
When we consiDer the nature of the police
by which these evils were to be checked,
and the criminal law which they administered,
the wonder is less that there were sometimes
desperate riots (as in 1780) than that London
should have been ever able to resist a mob.
Colquhoun, though a patriotic Briton, has
to admit that the French despots had at last
created an efficient police.(33*) The emperor,
Joseph II, he says, inquired for an Austrian
criminal supposed to have escaped to Paris.
You will find him, replied the head of the
French police, at No. 93 of such a street
in Vienna on the second-floor room looking
upon such a church; and there he was. In
England a criminal could hide himself in
a herd of his like, occasionally disturbed
by the inroad of a 'Bow Street runner,' the
emissary of the 'trading justices,' formerly
represented by the two Fieldings. An act
of 1792 created seven new offices, to one
of which Colquhoun had been appointed. They
had one hundred and eighty-nine paid officers
under them.(34*) There were also about one
thousand constables. These were small tradesmen
or artisans upon whom the duty was imposed
without remuneration for a year by their
parish, that is, by one of seventy independent
bodies. A 'Tyburn ticket,' given in reward
for obtaining the conviction of a criminal
exempted a man from the discharge of such
offices, and could be bought for from £15
to £25. There were also two thousand watchmen
receiving from 8 1/2d. up to 2s. a night.
These were the true successors of Dogberry;
often infirm or aged persons appointed to
keep them out of the workhouse. The management
of this distracted force thus depended upon
a miscellaneous set of bodies; the paid magistrates,
the officials of the city, the justices of
the peace for Middlesex, and the seventy
independent parishes.
The law was as defective as the administration.
Colqulhoun represents the philanthropic impulse
of the day, and notices(35*) that in 1787
Joseph II had abolished capital punishment.
His chief authority for more merciful methods
is Beccaria; and it is worth remarking, for
reasons which will appear hereafter, that
he does not in this connection refer to Bentham,
although he speaks enthusiastically(36*)
of Bentham's model prison, the Panopticon.
Colquhoun shows how strangely the severity
of the law was combined with its extreme
capriciousness. He quotes Bacon(37*) for
the statement that the law was a 'heterogeneous
mass concocted too often on the spur of the
moment,' and gives sufficient proofs of its
truth. He desires, for example, a law to
punish receivers of stolen goods, and says
that there were excellent laws in existence.
Unfortunately one law applied exclusively
to the case of pewter-pots, and another exclusively
to the precious metals; neither could be
used as against receivers of horses or bank
notes.(38*) So a man indicted under an act
against stealing from ships on navigable
rivers escaped, because the barge from which
he stole happened to be aground. Gangs could
afford to corrupt witnesses or to pay knavish
lawyers skilled in applying these vagaries
of legislation. Juries also disliked convicting
when the penalty for coining six-pence was
the same as the penalty for killing a mother.
It followed, as he shows by statistics, that
half the persons committed for trial escaped
by petty chicanery or corruption, or the
reluctance of juries to convict for capital
offences. Only about one-fifth of the capital
sentences were executed; and many were pardoned
on condition of enlisting to improve the
morals of the army. The criminals, who were
neither hanged nor allowed to escape, were
sent to prisons, which were schools of vice.
After the independence of the American colonies,
the system of transportation to Australia
had begun (in 1787); but the expense was
enormous, and prisoners were huddled together
in the hulks at Woolwich and Portsmouth,
which had been used as a temporary expedient.
Thence they were constantly discharged, to
return to their old practices. A man, says
Colquhoun,(39*) would deserve a statue who
should carry out a plan for helping discharged
prisoners. To meet these evils, Colquhoun
proposes various remedies, such as a metropolitan
police, a public prosecutor, or even a codification
or revision of the Criminal Code, which he
sees is likely to be delayed. He also suggested,
in a pamphlet of 1799, a kind of charity
organisation society to prevent the waste
of funds. Many other pamphlets of similar
tendencies show his active zeal in promoting
various reforms. Colquhoun was in close correspondence
with Bentham from the year 1798,(40*) and
Bentham helped him by drawing the Thames
Police Act, passed in 1800, to give effect
to some of the suggestions in the Treatise.(41*)
Another set of abuses has a special connection
with Bentham's activity. Bentham had been
led in 1778 to attend to the prison question
by reading Howard's book on Prisons; and
he refers to the 'venerable friend who had
lived an apostle and died a martyr.'(42*)
The career of John Howard (1726-1790) is
familiar. The son of a London tradesman,
he had inherited an estate in Bedfordshire.
There he erected model cottages and village
schools; and, on becoming sheriff of the
county in 1773, was led to attend to abuses
in the prisons. Two acts of parliament were
passed in 1774 to remedy some of the evils
exposed, and he pursued the inquiry at home
and abroad. His results are given in his
State of the Prisons in England and Wales
(1779, fourth edition, 1792), and his Account
of the Principal Lazarettos in Europe (1789).
The prisoners, he says, had little food,
sometimes a penny loaf a day, and sometimes
nothing; no water, no fresh air, no sewers,
and no bedding. The stench was appalling,
and gaol fever killed more than died on the
gallows. Debtors and felons, men, women and
children, were huddled together; often with
lunatics, who were shown by the gaolers for
money. 'Garnish' was extorted; the gaolers
kept drinking-taps; gambling flourished:
and prisoners were often cruelly ironed,
and kept for long periods before trial. At
Hull the assizes had only been held once
in seven years, and afterwards once in three.
It is a comfort to find that the whole number
of prisoners in England and Wales amounted,
in
1780, to about 4400, 1078 of whom were debtors,
798 felons, and 917 petty offenders. An act
passed in 1779 provided for the erection
of two penitentiaries. Howard was to be a
supervisor. The failure to carry out this
act led, as we shall see, to one of Bentham's
most characteristic undertakings. One peculiarity
must be noted. Howard found prisons on the
continent where the treatment was bad and
torture still occasionally practised; but
he nowhere found things so bad as in England.
In Holland the prisons were so neat and clean
as to make it difficult to believe that they
were prisons: and they were used as models
for the legislation of 1779. One cause of
this unenviable distinction of English prisons
had been indicated by an earlier investigation.
General Oglethorpe (1696-1785) had been started
in his philanthropic career by obtaining
a committee of the House of Commons in 1729
to inquire into the state of the gaols. The
foundation of the colony of Georgia as an
outlet for the population was one result
of the inquiry. It led, in the first place,
however, to a trial of persons accused of
atrocious cruelties at the Fleet prison.(43*)
The trial was abortive. It appeared in the
course of the proceedings that the Fleet
prison was a 'freehold.' A patent for rebuilding
it had been granted to Sir Jeremy Whichcot
under Charles II, and had been sold to one
Higgins, who resold it to other persons for
£5000. The proprietors made their investment
pay by cruel ill-treatment of the prisoners,
oppressing the poor and letting off parts
of the prison to dealers in drink. This was
the general plan in the prisons examined
by Howard, and helps to account for the gross
abuses. It is one more application of the
general system. As the patron was owner of
a living, and the officer of his commission,
the keeper of a prison was owner of his establishment.
The paralysis of administration which prevailed
throughout the country made it natural to
farm out paupers to the master of a workhouse,
and prisoners to the proprietor of a gaol.
The state of prisoners may be inferred not
only from Howard's authentic record but from
the fictions of Fielding, Smollett and Goldsmith;
and the last echoes of the same complaints
may be found in Pickwick and Little Dorrit.
The Marshalsea described in the last was
also a proprietary concern. We shall hereafter
see how Bentham proposed to treat the evils
revealed by Oglethorpe and Howard,
III. EDUCATION
Another topic treated by Colquhoun marks
the initial stage of controversies which
were soon to grow warm. Colquhoun boasts
of the number of charities for which London
was already conspicuous. A growing facility
for forming associations of all kinds, political,
religious, scientific, and charitable, is
an obvious characteristic of modern progress.
Where in earlier times a college or a hospital
had to be endowed by a founder and invested
by charter with corporate personality, it
is now necessary only to call a meeting,
form a committee, and appeal for subscriptions.
Societies of various kinds had sprung up
during the century. Artists, men of science,
agriculturists, and men of literary tastes,
had founded innumerable academies and 'philosophical
institutes.' The great London hospitals,
dependent upon voluntary subscriptions, had
been founded during the first half of the
century. Colquhoun counts the annual revenue
of various charitable institutions at £445,000,
besides which the endowments produced £150,000,
and the poor-rates £255,000.(44*) Among these
a considerable number were intended to promote
education. Here, as in some other cases,
it seems that people at the end of the century
were often taking up an impulse given a century
before. So the Society for promoting Christian
Knowledge, founded in 1699, and the Society
for the Propagation of the Gospel, founded
in 1701, were supplemented by the Church
Missionary Society and the Religious Tract
Society, both founded in 1799. The societies
for the reformation of manners, prevalent
at the end of the seventeenth century, were
taken as a model by Wilberforce and his friends
at the end of the eighteenth.(45*) In the
same way, the first attempts at providing
a general education for the poor had been
made by Archbishop Tenison, who founded a
parochial school about 1680 in order 'to
check the growth of popery.' Charity schools
became common during the early part of the
eighteenth century and received various endowments.
They were attacked as tending to teach the
poor too much -- a very needless alarm --
and also by free thinkers, such as Mandeville,
as intended outworks of the established church.
This last objection was a foretaste of the
bitter religious controversies which were
to accompany the growth of an educational
system. Colquhoun says that there were 62
endowed schools in London, from Christ's
Hospital downwards, educating about 5000
children; 237 parish schools with about 9000
children, and 3730 'private schools.' The
teaching was, of course, very imperfect,
and in a report of a committee of the House
of Commons in 1818, it is calculated that
about half the children in a large district
were entirely uneducated. There was, of course,
nothing in England deserving the name of
a system in educational more than in any
other matters. The grammar schools throughout
the country provided more or less for the
classes which could not aspire to the public
schools and universities. About a third of
the boys at Christ's Hospital were, as Coleridge
tells us, sons of clergymen.(46*) The children
of the poor were either not educated, or
picked up their letters at some charity school
or such a country dame's school as is described
by Shenstone. A curious proof, however, of
rising interest in the question is given
by the Sunday Schools movement at the end
of the century. Robert Raikes
(1735-1811), a printer in Gloucester and
proprietor of a newspaper, joined with a
clergyman to set up a school in 1780 at a
total cost of 1s. 6d. a week. Within three
or four years the plan was taken up everywhere,
and the worthy Raikes, whose newspaper had
spread the news, found himself revered as
a great pioneer of philanthropy. Wesley took
up the scheme warmly; bishops condescended
to approve; the king and queen were interested,
and within three or four years the number
of learners was reckoned at two or three
hundred thousand. A Sunday School Association
was formed in 1785 with well known men of
business at its head. Queen Charlotte's friend,
Mrs Trimmer
(1741-1810), took up the work near London,
and Hannah More (1745-1833) in Somersetshire.
Hannah More gives a strange account of the
utter absence of any civilising agencies
in the district around Cheddar where she
and her sisters laboured. She was accused
of 'methodism' and a leaning to Jacobinism,
although her views were of the most moderate
kind. She wished the poor to be able to read
their Bibles and to be qualified for domestic
duties, but not to write or to be enabled
to read Tom Paine or be encouraged to rise
above their position. The literary light
of the Whigs, Dr Parr (1747-1825), showed
his liberality by arguing that the poor ought
to be taught, but admitted that the enterprise
had its limits. The 'Deity Himself had fixed
a great gulph between them and the poor.'
A scanty instruction given on Sundays alone
was not calculated to facilitate the passage
of that gulf. By the end of the century,
however, signs of a more systematic movement
were showing themselves. Bell and Lancaster,
of whom I shall have to speak, were rival
claimants for the honour of initiating a
new departure in education. The controversy
which afterwards raged between the supporters
of the two systems marked a complete revolution
of opinion. Meanwhile, although the need
of schools was beginning to be felt, the
appliances for education in England were
a striking instance of the general inefficiency
in every department which needed combined
action. In Scotland the system of parish
schools was one obvious cause of the success
of so many of the Scotsmen which excited
the jealousy of southern competitors. Even
in Ireland there appears to have been a more
efficient set of schools. And yet, one remark
must be suggested. There is probably no period
in English history at which a greater number
of poor men have risen to distinction. The
greatest beyond comparison of self-taught
poets was Burns (1759-1796). The political
writer who was at the time producing the
most marked effect was Thomas Paine (1737-1809),
son of a small tradesman. His successor in
influence was William Cobbett (1762-1835),
son of an agricultural labourer, and one
of the pithiest of all English writers. William
Gifford
(1756-1826), son of a small tradesman in
Devonshire, was already known as a satirist
and was to lead Conservatives as editor of
the The Quarterly Review. John Dalton
(1766-1842), son of a poor weaver, was one
of the most distinguished men of science.
Porson (1759-1808), the greatest Greek scholar
of his time, was son of a Norfolk parish
clerk, though sagacious patrons had sent
him to Eton in his fifteenth year. The Oxford
professor of Arabic, Joseph White (1746-1814),
was Son of a poor weaver in the country and
a man of reputation for learning, although
now remembered only for a rather disreputable
literary squabble. Robert owen and Joseph
Lancaster, both sprung from the ranks, were
leaders in social movements. I have already
spoken of such men as Watt, Telford, and
Rennie; and smaller names might be added
in literature, science, and art. The individualist
virtue of 'self-help' was not confined to
successful moneymaking or to the wealthier
classes. One cause of the literary excellence
of Burns, Paine, and Cobbett may be that,
when literature was less centralised, a writer
was less tempted to desert his natural dialect.
I mention the fact, however, merely to suggest
that, whatever were then the difficulties
of getting such schooling as is now common,
an energetic lad even in the most neglected
regions might force his way to the front.
IV. THE SLAVE-TRADE
I have thus noticed the most conspicuous
of the contemporary problems which, as we
shall see, provided the main tasks of Bentham
and his followers. One other topic must be
mentioned as in more ways than one characteristic
of the spirit of the time. The parliamentary
attack upon the slave-trade began just before
the outbreak of the revolution. It is generally
described as an almost sudden awakening of
the national conscience. That it appealed
to that faculty is undeniable, and, moreover,
it is at least a remarkable instance of legislative
action upon purely moral grounds. It is true
that in this case the conscience was the
less impeded because it was roused chiefly
by the sins of men's neighbours. The slave-trading
class was a comparative excrescence. Their
trade could be attacked without such widespread
interference with the social order as was
implied, for example, in remedying the grievances
of paupers or of children in factories. The
conflict with morality, again, was so plain
as to need no demonstration. It seems to
be a questionable logic which assumes the
merit of a reformer to be in proportion to
the flagrancy of the evil assailed. The more
obvious the case, surely the less the virtue
needed in the assailant. However this may
be, no one can deny the moral excellence
of such men as Wilberforce and Clarkson,
nor the real change in the moral standard
implied by the success of their agitation.
But another question remains, which is indicated
by a later controversy. The followers of
Wilberforce and of Clarkson were jealous
of each other. Each party tried to claim
the chief merit for its hero. Each was, I
think, unjust to the other. The underlying
motive was the desire to obtain credit for
the 'Evangelicals' or their rivals as the
originators of a great movement. Without
touching the personal details it is necessary
to say something of the general sentiments
implied. In his history of the agitation,(47*)
Clarkson gives a quaint chart, showing how
the impulse spread from various centres till
it converged upon a single area, and his
facts are significant.
That a great change had taken place is undeniable.
Protestant England had bargained with Catholic
Spain in the middle of the century for the
right of supplying slaves to America, while
at the peace of 1814 English statesmen were
endeavouring to secure a combination of all
civilised powers against the trade. Smollett,
in 1748, makes the fortune of his hero, Roderick
Random, by placing him as mate of a slave-ship
under the ideal sailor, Bowling. About the
same time John Newton (1725-1807), afterwards
the venerated teacher of Cowper and the Evangelicals,
was in command of a slaver, and enjoying
'sweeter and more frequent hours of divine
communion' than he had elsewhere known. He
had no scruples, though he had the grace
to pray 'to be fixed in a more humane calling.'
In later years he gave the benefit of his
experience to the abolitionists.(48*) A new
sentiment, however, was already showing itself.
Clarkson collects various instances. Southern's
Oroonoco, founded on a story by Mrs Behn,
and Steele's story of Inkle and Yarico in
an early Spectator, Pope's poor Indian in
the Essay on Man, and allusions by Thomson,
Shenstone, and Savage, show that poets and
novelists could occasionally turn the theme
to account. Hutcheson, the moralist, incidentally
condemns slavery; and divines such as bishops
Hayter and Warburton took the same view in
sermons before the Society for the Propagation
of Christian Knowledge. Johnson, 'last of
the Tories' though he was, had a righteous
hatred for the system.(49*) He toasted the
next insurrection of negroes in the West
Indies, and asked why we always heard the
'loudest yelps for liberty among the drivers
of negroes'? Thomas Day
(1748-1789), as an ardent follower of Rousseau,
wrote the Dying Negro in 1773, and, in the
same spirit, denounced the inconsistencies
of slave-holding champions of American liberty.
Such isolated utterances showed a spreading
sentiment. The honour of the first victory
in the practical application must be given
to Granville Sharp(50*) (1735-1813), one
of the most charming and, in the best sense,
'Quixotic' of men. In 1772 his exertions
had led to the famous decision by Lord Mansfield
in the case of the negro Somerset.(51*) Sharp
in 1787 became chairman of the committee
formed to attack the slave-trade by collecting
the evidence of which Wilberforce made use
in parliament. The committee was chiefly
composed of Quakers; as indeed, Quakers are
pretty sure to be found in every philanthropic
movement of the period. I must leave the
explanation to the historian of religious
movements; but the fact is characteristic.
The Quakers had taken the lead in America.
The Quaker was both practical and a mystic.
His principles put him outside of the ordinary
political interests, and of the military
world. He directed his activities to helping
the poor, the prisoner, and the oppressed.
Among the Quakers of the eighteenth century
were John Woolman (1720-1772), a writer beloved
by the congenial Charles Lamb and Antoine
Benezet (1713-1784), born in France, and
son of a French refugee who settled in Philadelphia.
When Clarkson wrote the prize essay upon
the slave-trade (1785), which started his
career, it was from Benezet's writings that
he obtained his information. By their influence
the Pennsylvanian Quakers were gradually
led to pronounce against slavery;(52*) and
the first anti-slavery society was founded
in Philadelphia in 1775, the year in which
the skirmish at Lexington began the war of
independence. That suggests another influence.
The Rationalists of the eighteenth century
were never tired of praising the Quakers.
The Quakers were, by their essential principles,
in favour of absolute toleration, and their
attitude towards dogma was not dissimilar.
'Rationalisation' and 'Spiritualisation,
are in some directions similar. The general
spread of philanthropic sentiment, which
found its formula in the Rights of Man, fell
in with the Quaker hatred of war and slavery.
Voltaire heartily admires Barclay, the Quaker
apologist. It is, therefore, not surprising
to find the names of the deists, Franklin
and Paine, associated with Quakers in this
movement. Franklin was an early president
of the new association, and Paine wrote an
article to support the early agitation.(53*)
Paine himself was a Quaker by birth, who
had dropped his early creed while retaining
a respect for its adherents. When the agitation
began it was in fact generally approved by
all except the slave-traders. Sound Whig
divines, Watson and Paley and Parr; Unitarians
such as Priestley and Gilbert Wakefield and
William Smith; and the great methodist, John
Wesley, were united on this point. Fox and
Burke and Pitt rivalled each other in condemning
the system. The actual delay was caused partly
by the strength of the commercial interests
in parliament, and partly by the growth of
the anti-Jacobin sentiment.
The attempt to monopolise the credit of the
movement by any particular sect is absurd.
Wilberforce and his friends might fairly
claim the glory of having been worthy representatives
of a new spirit of philanthropy. but most
certainly they did not create or originate
it. The general growth of that spirit throughout
the century must be explained, so far as
'explanation' is possible, by wider causes.
It was, as I must venture to assume, a product
of complex social changes which were bringing
classes and nations into closer contact,
binding them together by new ties, and breaking
up the old institutions which had been formed
under obsolete conditions. The true moving
forces were the same whether these representatives
announced the new gospel of the 'rights of
man'; or appealed to the traditional rights
of Englishmen; or rallied supporters of the
old order so far as it still provided the
most efficient machinery for the purpose.
The revival of religion under Wesley and
the Evangelicals meant the direction of the
stream into one channel. The paralytic condition
of the Church of England disqualified it
for appropriating the new energy. The men
who directed the movements were mainly stimulated
by moral indignation at the gross abuses,
and the indolence of the established priesthood
naturally gave them an anti-sacerdotal turn.
They simply accepted the old Protestant tradition.
They took no interest in the intellectual
questions involved. Rationalism, according
to them, meant simply an attack upon the
traditional sanctions of morality. and it
scarcely occurred to them to ask for any
philosophical foundation of their creed.
Wilberforce's book, A Practical View, attained
an immense popularity, and is characteristic
of the position. Wilberforce turns over the
infidel to be confuted by Paley, whom he
takes to be a conclusive reasoner. For himself
he is content to show what needed little
proof, that the so-called Christians of the
day could act as if they had never heard
of the New Testament. The Evangelical movement
had in short no distinct relation to speculative
movements. It took the old tradition for
granted, and it need not here be further
considered.
One other remark is suggested by the agitation
against the slave-trade. It set a precedent
for agitation of a kind afterwards familiar.
The committee appealed to the country, and
got up petitions. Sound Tories complained
of them in the early slave-trade debates,
as attempts to dictate to parliament by democratic
methods. Political agitators had formed associations,
and found a convenient instrument in the
'county meetings,' which seems to have possessed
a kind of indefinite legal character.(54*)
Such associations of course depend for the
great part of their influence upon the press.
The circulation of literature was one great
object. Paine's Rights of Man was distributed
by the revolutionary party, and Hannah More
wrote popular tracts to persuade the poor
that they had no grievances. It is said that
two millions of her little tracts, 'Village
Politics by Will Chip,' the 'Shepherd of
Salisbury Plain,' and so forth were circulated.
The demand, indeed, showed rather the eagerness
of the rich to get them read than the eagerness
of the poor to read them. They failed to
destroy Paine's influence, but they were
successful enough to lead to the foundation
of the Religious Tract Society. The attempt
to influence the poor by cheap literature
shows that these opinions were beginning
to demand consideration. Cobbett and many
others were soon to use the new weapon. Meanwhile
the newspapers circulated among the higher.
ranks were passing through a new phase, which
must be noted. The great newspapers were
gaining power. The Morning Chronicle was
started by Woodfall in 1769, the Morning
Post and Morning Herald by Dudley Bate in
1772 and 1780, and the Times by Walter in
1788. The modern editor was to appear during
the war. Stoddart and Barnes of the Times,
Perry and Black of the Morning ChrOnicle,
were to become important politically. The
revolutionary period marks the transition
from the old-fashioned newspaper, carried
on by a publisher and an author, to the modern
newspaper, which represents a kind of separate
organism, elaborately 'differentiated' and
worked by a whole army of co-operating editors,
correspondents, reporters, and contributors.
Finally, one remark may be made. The literary
class in England was not generally opposed
to the governing classes. The tone of Johnson's
whole circle was conservative. In fact, since
Harley's time, government had felt the need
of support in the press, and politicians
on both sides had their regular organs. The
opposition might at any time become the government;
and their supporters in the press, poor men
who were only too dependent, had no motive
for going beyond the doctrines of their principals.
They might be bought by opponents, or they
might be faithful to a patron. They did not
form a band of outcasts, whose hand would
be against every one. The libel law was severe
enough, but there had been no licensing system
since the early days of William and Mary.
A man could publish what he chose at his
own peril. When the current of popular feeling
was anti-revolutionary, government might
obtain a conviction, but even in the worst
times there was a chance that juries might
be restive. Editors had at times to go to
prison, but even then the paper was not suppressed.
Cobbett, for example, continued to publish
his Registrar during an imprisonment of two
years (1810-12). Editors had very serious
anxieties, but they could express with freedom
any opinion which had the support of a party.
English liberty was so far a reality that
a very free discussion of the political problems
of the day was permitted and practised. The
English author, therefore, as such, had not
the bitterness of a French man of letters,
unless, indeed, he had the misfortune to
be an uncompromising revolutionist.
V. THE FRENCH REVOLUTION
The English society which I have endeavoured
to characterise was now to be thrown into
the vortex of the revolutionary wars. The
surpassing dramatic interest of the French
Revolution has tended to obscure our perception
of the continuity of even English history.
It has been easy to ascribe to the contagion
of French example political movements which
were already beginning in England and which
were modified rather than materially altered
by our share in the great European convulsion.
The impression made upon Englishmen by the
French Revolution is, however, in the highest
degree characteristic. The most vehement
sympathies and antipathies were aroused,
and showed at least what principles were
congenial to the various English parties.
To praise or blame the revolution, as if
it could be called simply good or bad, is
for the historian as absurd as to praise
or blame an earthquake. It was simply inevitable
under the conditions. We may, of course,
take it as an essential stage in a social
evolution, which if described as progress
is therefore to be blessed, or if as degeneration
may provoke lamentation. We may, if we please,
ask whether superior statesmanship might
have attained the good results without the
violent catastrophes, or whether a wise and
good man who could appreciate the real position
would have approved or condemned the actual
policy. But to answer such problems with
any confidence would imply a claim to a quasi-omniscience.
Partisans at the time, however, answered
them without hesitation, and saw in the Revolution
the dawn of a new era of reason and justice,
or the outburst of the fires of hell. Their
view is at any rate indicative of their own
position. The extreme opinions need no exposition.
They are represented by the controversy between
Burke and Paine. The general doctrine of
the 'Rights of Men' -- that all men are by
nature free and equal -- covered at least
the doctrine that the inequality and despotism
of the existing order was hateful, and people
with a taste for abstract principles accepted
this short cut to political wisdom. The 'minor'
premise being obviously true, they took the
major for granted. To Burke, who idealised
the traditional element in the British Constitution,
and so attached an excessive importance to
historical continuity, the new doctrine seemed
to imply the breaking up of the very foundations
of order and the pulverisation of society.
Burke and Paine both assumed too easily that
the dogmas which they defended expressed
the real and ultimate beliefs, and that the
belief was the cause, not the consequence,
of the political condition. Without touching
upon the logic of either position, I may
notice how the problem presented itself to
the average English politician whose position
implied acceptance of traditional compromises
and who yet prided himself on possessing
the liberties which were now being claimed
by Frenchmen. The Whig could heartily sympathise
with the French Revolution so long as it
appeared to be an attempt to assimilate British
principles. When Fox hailed the fall of the
Bastille as the greatest and best event that
had ever happened, he was expressing a generous
enthusiasm shared by all the ardent and enlightened
youth of the time. The French, it seemed,
were abolishing an arbitrary despotism and
adopting the principles of Magna Charta and
the 'Habeas Corpus' Act. Difficulties, however,
already suggested themselves to the true
Whig. Would the French, as Young asked just
after the same event, 'copy the constitution
of England, freed from its faults, or attempt,
from theory, to frame something absolutely
speculative'?(55*) On that issue depended
the future of the country. It was soon decided
in the sense opposed to young's wishes. The
reign of terror alienated the average Whig.
But though the argument from atrocities is
the popular one, the opposition was really
more fundamental. Burke put the case, savagely
and coarsely enough, in his 'Letter to a
noble Lord.' How would the duke of Bedford
like to be treated as the revolutionists
were treating the nobility in France? The
duke might be a sincere lover of political
liberty, but he certainly would not be prepared
to approve the confiscation of his estates.
The aristocratic Whigs, dependent for their
whole property and for every privilege which
they prized upon ancient tradition and prescription,
could not really be in favour of sweeping
away the whole complex social structure,
levelling Windsor Castle as Burke put it
in his famous metaphor, and making a 'Bedford
level' of the whole country. The Whigs had
to disavow any approval of the Jacobins;
Mackintosh, who had given his answer to Burke's
diatribes, met Burke himself on friendly
terms (9th July 1797), and in 1800 took an
opportunity of public recantation. He only
expressed the natural awakening of the genuine
Whig to the aspects of the case which he
had hitherto ignored. The effect upon the
middle-class Whigs is, however, more to my
purpose. it may be illustrated by the history
of John Horne Tooke(56*) (1736
1812), who at this time represented what
may be called the home-bred British radicalism.
He was the son of a London tradesman, who
had distinguished himself by establishing,
and afterwards declining to enforce, certain
legal rights against Frederick Prince of
Wales. The prince recognised the tradesman's
generosity by making his antagonist purveyor
to his household. A debt of some thousand
pounds was thus run up before the prince's
death which was never discharged. Possibly
the son's hostility to the royal family was
edged by this circumstance. John Horne, forced
to take orders in order to hold a living,
soon showed himself to have been intended
by nature for the law. He took up the cause
of Wilkes in the early part of the reign;
defended him energetically in later years;
and in 1769 helped to start the 'Society
for supporting the Bill of Rights.' He then
attacked Wilkes, who, as he maintained, misapplied
for his own private use the funds subscribed
for public purposes to this society; and
set up a rival 'Constitutional Society.'
in 1775, as spokesman of this body, he denounced
the 'king's troops' for 'inhumanly murdering'
their fellow-subjects at Lexington for the
sole crime of 'preferring death to slavery.'
He was imprisoned for the libel, and thus
became a martyr to the cause. When the country
associations were formed in 1780 to protest
against the abuses revealed by the war, Horne
became a member of the 'Society for Constitutional
Information,' of which Major Cartwright --
afterwards the revered, but rather tiresome,
patriarch of the Radicals -- was called the
'father.' Horne Tooke (as he was now named),
by these and other exhibitions of boundless
pugnacity, became a leader among the middle-class
Whigs, who found their main support among
London citizens, such as Beckford, Troutbeck
and Oliver; supported them in his later days;
and after the American war, preferred Pitt,
as an advocate of parliamentary reform, to
Fox, the favourite of the aristocratic Whigs.
He denounced the Fox coalition ministry,
and in later years opposed Fox at Westminster.
The 'Society for Constitutional Information',
was still extant in the revolutionary period,
and Tooke, a bluff, jovial companion, who
had by this time got rid of his clerical
character, often took the chair at the taverns
where they met to talk sound politics over
their port. The revolution infused new spirit
into politics. In March 1791(57*) Tooke's
society passed a vote of thanks to Paine
for the first part of his Rights of Man.
Next year Thomas Hardy, a radical shoemaker,
started a 'Corresponding Society.' Others
sprang up throughout the country, especially
in the manufacturing towns.(58*) These societies
took Paine for their oracle, and circulated
his writings as their manifesto. They communicated
occasionally with Horne Tooke's society,
which more or less sympathised with them.
The Whigs of the upper sphere started the
'Friends of the People' in April 1792, in
order to direct the discontent into safer
channels. Grey, Sheridan and Erskine were
members; Fox sympathised but declined to
join; Mackintosh was secretary; and Sir Philip
Francis drew up the opening address, citing
the authority of Pitt and Blackstone, and
declaring that the society wished 'not to
change but to restore.'(59*) It remonstrated
cautiously with the other societies, and
only excited their distrust. Grey, as its
representative, made a motion for parliamentary
reform which was rejected (May 1793) by two
hundred and eighty-two to forty-one. Later
motions in May 1797 and April 1800 showed
that, for the present, parliamentary reform
was out of the question. Meanwhile the English
Jacobins got up a 'convention' which met
at Edinburgh at the end of 1793. The very
name was alarming: the leaders were tried
and transported; the cruelty of the sentences
and the severity of the judges, especially
Braxfield, shocked such men as Parr and Jeffrey,
and unsuccessful appeals for mercy were made
in parliament. The Habeas Corpus Act was
suspended in 1794: Horne Tooke and Hardy
were both arrested and tried for high treason
in November. An English jury fortunately
showed itself less subservient than the Scottish;
the judge was scrupulously fair: and both
Hardy and Horne Tooke were acquitted. The
societies, however, though they were encouraged
for a time, were attacked by severe measures
passed by Pitt in 1795. The 'Friends of the
People' ceased to exist. The seizure of the
committee of the Corresponding Societies
in 1798 put an end to their activity. A report
presented to parliament in 1799(60*) declares
that the societies had gone to dangerous
lengths: they had communicated with the French
revolutionists and with the 'United Irishmen'
(founded 1791); and societies of 'United
Englishmen' and 'United Scotsmen' had had
some concern in the mutinies of the fleet
in 1797 and in the Irish rebellion of 1798.
Place says, probably with truth, that the
danger was much exaggerated: but in any case,
an act for the suppression of the Corresponding
Societies was passed in 1799, and put an
end to the movement.
This summary is significant of the state
of opinion, The genuine old-fashioned Whig
dreaded revolution, and guarded himself carefully
against any appearance of complicity. Jacobinism,
on the other hand, was always an exotic.
Such men as the leading Nonconformists Priestley
and Price were familiar with the speculative
movement on the continent, and sympathised
with the enlightenment. Young men of genius,
like Wordsworth and Coleridge, imbibed the
same doctrines more or less thoroughly, and
took Godwin for their English representative.
The same creed was accepted by the artisans
in the growing towns, from whom the Corresponding
Societies drew their recruits. But the revolutionary
sentiment was not so widely spread as its
adherents hoped or its enemies feared. The
Birmingham mob of 1791 acted, with a certain
unconscious humour, on the side of church
and king. They had perhaps an instinctive
perception that it was an advantage to plunder
on the side of the constable. In fact, however,
the general feeling in all classes was anti-Jacobin.
Place, an excellent witness, himself a member
of the Corresponding Societies, declares
that the repressive measures were generally
popular even among the workmen.(61*) They
were certainly not penetrated with revolutionary
fervour. Had it been otherwise, the repressive
measures, severe as they were, would have
stimulated rather than suppressed the societies,
and, instead of silencing the revolutionists,
have provoked a rising.
At the early period the Jacobin and the home-bred
Radical might combine against government.
A manifesto of the Corresponding Societies
begins by declaring that 'all men are by
nature free and equal and independent of
each other,' and argues also that these are
the 'original principles of English government.'(62*)
Magna Charta is an early expression of the
Declaration of Rights, and thus pure reason
confirms British tradition. The adoption
of a common platform, however, covered a
profound difference of sentiment. Horne Tooke
represents the old type of reformer. He was
fully resolved not to be carried away by
the enthusiasm of his allies. 'My companions
in a stage,' he said to Cartwright, 'may
be going to Windsor: I will go with them
to Hounslow. But there I will get out: no
further will I go, by God!'(63*) When Sheridan
supported a vote of sympathy for the French
revolutionists, Tooke insisted upon adding
a rider declaring the content of Englishmen
with their own constitution.(64*) He offended
some of his allies by asserting that the
'main timbers' of the constitution were sound
though the dry-rot had got into the superstructure.
He maintained, according to Godwin,(65*)
that the best of all governments had been
that of England under George I. Though Cartwright
said at the trial that Horne Tooke was taken
to 'have no religion whatever,' he was, according
to Stephens, 'a great stickler for the church
of England': and stood up for the House of
Lords as well as the church on grounds of
utility.(66*) He always ridiculed Paine and
the doctrine of abstract rights,(67*) and
told Cartwright that though all men had an
equal right to a share of property, they
had not a right to an equal share. Horne
Tooke's Radicalism (I use the word by anticipation)
was that of the sturdy tradesman. He opposed
the government because he hated war, taxation
and sinecures. He argued against universal
suffrage with equal pertinacity. A comfortable
old gentleman, with a good cellar of Madeira,
and proud of his wall-fruit in a well-tilled
garden, had no desire to see George III at
the guillotine, and still less to see a mob
supreme in Lombard Street or banknotes superseded
by assignats. He might be jealous of the
great nobles, but he dreaded mob-rule. He
could denounce abuses, but he could not desire
anarchy. He is said to have retorted upon
some one who had boasted that English courts
of justice were open to all classes: 'So
is the London tavern -- to all who can pay.'(68*)
That is in the spirit of Bentham; and yet
Bentham complains that Horne Tooke's disciple,
Burdett, believed in the common law, and
revered the authority of Coke.(69*) In brief,
the creed of Horne Tooke meant 'liberty'
founded upon tradition. I shall presently
notice the consistency of this with what
may be called his philosophy. Meanwhile it
was only natural that radicals of this variety
should retire from active politics, having
sufficiently burnt their fingers by flirtation
with the more thorough-going party. How they
came to life again will appear hereafter.
Horne Tooke himself took warning from his
narrow escape. He stayed quietly in his house
at Wimbledon.(70*) There he divided his time
between his books and his garden, and received
his friends to Sunday dinners. Bentham, Mackintosh,
Coleridge, and Godwin were among his visitors.
Coleridge calls him a 'keen iron man,' and
reports that he made a butt of Godwin as
he had done of Paine.(71*) Porson and Boswell
encountered him in drinking matches and were
both left under the table.(72*) The house
was thus a small centre of intellectual life,
though the symposia were not altogether such
as became philosophers. Horne Tooke was a
keen and shrewd disputant, well able to impress
weaker natures. His neighbour, Sir Francis
Burdett, became his political disciple, and
in later years was accepted as the radical
leader. Tooke died at Wimbledon 18th March
1812.
VI. INDIVIDUALISM
The general tendencies which I have so far
tried to indicate will have to be frequently
noticed in the course of the following rages.
One point may be emphasised before proceeding:
a main characteristic of the whole social
and political order is what is now called
its 'individualism.' That phrase is generally
supposed to convey some censure. It may connote,
however, some of the most essential virtues
that a race can possess. Energy, self-reliance,
and independence, a strong conviction that
a man's fate should depend upon his own character
and conduct, are qualities without which
no nation can be great. They are the conditions
of its vital power. They were manifested
in a high degree by the Englishmen of the
eighteenth century. How far they were due
to the inherited qualities of the race, to
the political or social history, or to external
circumstances, I need not ask. They were
the qualities which had especially impressed
foreign observers. The fierce, proud, intractable
Briton was elbowing his way to a high place
in the world, and showing a vigour not always
amiable, but destined to bring him successfully
through tremendous struggles. In the earlier
part of the century, Voltaire and French
philosophers admired English freedom of thought
and free speech, even when it led to eccentricity
and brutality of manners, and to barbarism
in matters of taste. Englishmen, conscious
and proud of their 'liberty,' were the models
of all who desired liberty for themselves.
Liberty, as they understood it, involved,
among other things, an assault upon the old
restrictive system, which at every turn hampered
the rising industrial energy. This is the
sense in which 'individualism,' or the gospel
according to Adam Smith laissez faire, and
so forth has been specially denounced in
recent times. Without asking at present how
far such attacks are justifiable, I must
be content to assume that the old restrictive
system was in its actual form mischievous,
guided by entirely false theories, and the
great barrier to the development of industry.
The same spirit appeared in purely political
questions. 'Liberty,' as is often remarked,
may be interpreted in two ways, not necessarily
consistent with each other. it means sometimes
simply the diminution of the sphere of law
and the power of legislators, or, again,
the transference to subjects of the power
of legislating, and, therefore, not less
control, but control by self made laws alone.
The Englishman, who was in presence of no
centralised administrative power, who regarded
the Government rather as receiving Rower
from individuals than as delegating the Rower
of a central body, took liberty mainly in
the sense of restricting law. Government
in general was a nuisance, though a necessity;
and properly employed only in mediating between
conflicting interests, and restraining the
violence of individuals forced into contact
by outward circumstances. When he demanded
that a greater share of influence should
be given to the people, he always took for
granted that their power would be used to
diminish the activity of the sovereign power;
that there would be less government and therefore
less jobbery, less interference with free
speech and free action, and smaller perquisites
to be bestowed in return for the necessary
services. The people would use their authority
to tie the hands of the rulers, and limit
them strictly to their proper and narrow
functions.
The absence, again, of the idea of a state
in any other sense implies another tendency.
The 'idea' was not required, Englishmen were
concerned rather with details than with first
principles. Satisfied, in a general way,
with their constitution, they did not want
to be bothered with theories. Abstract and
absolute doctrines of right, when imported
from France, fell flat upon the average Englishman.
He was eager enough to discuss the utility
of this or that part of the machinery, but
without inquiring into first principles of
mechanism. The argument from 'utility' deals
with concrete facts, and presupposes an acceptance
of some common criterion of the useful. The
constant discussion of political matters
in parliament and the press implied a tacit
acceptance on all hands of constitutional
methods. Practical men, asking whether this
or that policy shall be adopted in view of
actual events, no more want to go back to
right reason and 'laws of nature' than a
surveyor to investigate the nature of geometrical
demonstration. Very important questions were
raised as to the rights of the press, for
example, or the system of representation.
But everybody agreed that the representative
system and freedom of speech were good things;
and argued the immediate questions of fact.
The order, only established by experience
and tradition, was accepted, subject to criticism
of detail, and men turned impatiently from
abstract argument, and left the inquiry into
'social contracts' to philosophers, that
is, to silly people in libraries. Politics
were properly a matter of business, to be
discussed in a business-like spirit. In this
sense, 'individualism' is congenial to 'empiricism,'
because it starts from facts and particular
interests, and resents the intrusion of first
principles. The characteristic individualism,
again, suggests one other remark. Individual
energy and sense of responsibility are good
as even extreme socialists may admit -- if
they do not exclude a sense of duties to
others. It may be a question how far the
stimulation of individual enterprise and
the vigorous spirit of industrial competition
really led to a disregard of the interests
of the weaker. But it would be a complete
misunderstanding of the time if we inferred
that it meant a decline of humane feeling.
Undoubtedly great evils had grown up, and
some continued to grow which were tolerated
by the indifference, or even stimulated by
the selfish aims, of the dominant classes.
But, in the first place, many of the most
active prophets of the individualist spirit
were acting, and acting sincerely, in the
name of humanity. They were attacking a system
which they held, and to a great extent, I
believe, held rightly, to be especially injurious
to the weakest classes. Possibly they expected
too much from the simple removal of restrictions;
but certainly they denounced the restrictions
as unjust to all, not simply as hindrances
to the wealth of the rich. Adam Smith's position
is intelligible: it was, he thought, a proof
of a providential order that each man, by
helping himself, unintentionally helped his
neighbours. The moral sense based upon sympathy
was therefore not opposed to, but justified,
the economic principles that each man should
first attend to his own interest. The unintentional
co-operation would thus become conscious
and compatible with the established order.
And, in the next place, so far from there
being a want of humane feeling, the most
marked characteristic of the eighteenth century
was precisely the growth of humanity. In
the next generation, the eighteenth century
came to be denounced as cold, heartless,
faithless, and so forth. The established
mode of writing history is partly responsible
for this perversion. Men speak as though
some great man, who first called attention
to an evil, was a supernatural being who
had suddenly dropped into the world from
another sphere. His condemnation of evil
is therefore taken to be a proof that the
time must be evil. Any century is bad if
we assume all the good men to he exceptions.
But the great man is really also the product
of his time. He is the mouthpiece of its
prevailing sentiments, and only the first
to see clearly what many are beginning to
perceive obscurely. The emergence of the
prophet is a proof of the growing demand
of his hearers for sound teaching. Because
he is in advance of men generally, he sees
existing abuses more clearly, and we take
his evidence against his contemporaries as
conclusive. But the fact that they listened
shows how widely the same sensibility to
evil was already diffused. In fact, as I
think, the humane spirit of the eighteenth
century, due to the vast variety of causes
which we call social progress or evolution
not to the teaching of any individual --
was permeating the whole civilised world,
and showed itself in the philosophic movement
as well as in the teaching of the religious
leaders, who took the philosophers to be
their enemies. I have briefly noticed the
various philanthropic movements which were
characteristic of the period. Some of them
may indicate the growth of new evils; others,
that evils which had once been regarded with
indifference were now attracting attention
and exciting indignation. But even the growth
of new evils does not show general indifference
so much as the incapacity of the existing
system to deal with new conditions. It may,
I think, be safely said that a growing philanthropy
was characteristic of the whole period, and
in particular animated the Utilitarian movement,
as I shall have to show in detail. Modern
writers have often spoken of the Wesleyan
propaganda and the contemporary 'evangelical
revival' as the most important movements
of the time. They are apt to speak, in conformity
with the view just described, as though Wesley
or some of his contemporaries had originated
or created the better spirit. Without asking
what was good or bad in some aspects of these
movements, I fully believe that Wesley was
essentially a moral reformer, and that he
deserves corresponding respect. But instead
of holding that his contemporaries were bad
people, awakened by a stimulus from without,
I hold that the movement, so far as really
indicating moral improvement, must be set
down to the credit of the century itself.
It was one manifestation of a general progress,
of which Bentham was another outcome. Though
Bentham might have thought Wesley a fanatic
or perhaps a hypocrite, and Wesley would
certainly have considered that Bentham's
heart was much in need of a change, they
were really allies as much as antagonists,
and both mark a great and beneficial change.
NOTES:
1. See Dictionary of National Biography.
2. Works, i, 255.
3. See Sir G. Nicholl's History of the Poor-law,
1854. A new edition with life by H. G. Willink,
appeared in 1898.
4. History, i, 175.
5. M'Culloch's note to Wealth of Nations,
p. 65. M'Culloch in his appendix makes some
sensible remarks upon the absence of any
properly constituted parochial 'tribunal'.
6. Wealth of Nations, bk, i, ch. x.
7. See passage quoted in Eden's History,
i, 347.
8. Thomas Firmin (1632-1677), a philanthropist,
whose Socianianism did not exclude him from
the friendship of such liberal bishops as
Tillotson and Fowler, started a workhouse
in 1676.
9. Nicholls (1898), ii, 14.
10. Ibid., (1898), ii, 123.
11. Report, p. 67.
12. William Hay, for example, carried resolutions
in the House of Commons in 1735, but failed
to carry a bill which had this object. See
Eden's History, i, 396. Cooper in
1763 proposed tomake the hundred the unit.
-- Nicholls's History, i, 58. Fielding proposes
a similar change in London. Dean Tucker,
speaks of the evil of the limited area in
this Manifold Courses of the Increase of
the Poor (1760).
13. Nicholls, ii, 88.
14. Parl. Hist. xxxii, 710.
15. A full abstract is given in Eden's History,
iii, ccclxiii, etc.
16. Bentham observes (Works, viii, 448) that
the cow will require the three acres to keep
it.
17. Cobbett's Political Works, vi, 64.
18. I need only note here that the first
edition of Malthus's Essay appeared in 1798,
the year after Eden's publication.
19. Eden's History, i, 583.
20. Ibid., i, 587.
21. Maseres, an excellent Whig, a good mathematician,
and a respected lawyer, is perhaps best know
at present from his portrait in Charles Lamb's
Old Benchers.
22. It may be noticed as an anticipation
of modern schemes that in 1792 Paine proposed
a system of 'old age pensions', for which
the necessary funds were to be easily obtained
when universal peace had abolished all military
charges. See State Trials, xxv. 175.
23. Aitkin's Country Round Manchester.
24. Bounce's History of the Corporation of
Birmingham (1878).
25. History of Birmingham (2nd edition),
p. 327.
26. The first edition, 1795, the sixth, from
which I quote, in 1800. In Bentham's Works,
x, 330, it is said that in 1798, 7500 copies
of this book had been sold.
27. In 1814 Colquohoun published an elaborate
account of the Resources of the British Empire,
showing similar quaities.
28. Police, p. 310.
29. Police, p. 105.
30. Ibid., p. 13.
31. Ibid., p. 211.
32. Ibid., p. 136.
33. Police, p. 523.
34. Ibid., p. 397.
35. Police, p. 60.
36. Ibid., p. 481.
37. Ibid., p. 7.
38. Ibid., p. 298.
39. Police, p. 99.
40. Bentham's Works, x, 329 seq.
41. Ibid., v. 335.
42. Bentham's Works, iv, 3, 121.
43. Cobbet's State Trials, xvii, 297-626.
44. Police, p. 340.
45. Wilberforce started on this plan a 'society
for enforcing the king's proclamation' in
1786, which was supplemented by the society
for 'the Suppresion of Vice' in 1802. I don't
suppose that vice was much suppressed. Sydney
Smith ridiculed its performance in the Edinburgh
for 1809. The article is in his works. A
more interesting society was that for 'bettering
the condition of the poor,' started by Sir
Thomas Bernard and Wilberforce in 1796.
46. Biographia Literaria (1847), ii. 327.
47. History of the Rise, Progress and Accomplishment
of the Abolition of the Slave-trade by the
British Parliament (1808). Second enlarged
edition 1839. The chart was one cause of
the offence taken by Wilberforce's sons.
48. Cf. Sir J. Stephen's Ecclesiastical Biography
(The Evanglical Succession).
49. See passages collected in Birkbeck Hill's
Boswell, ii, 478-80, and cf. iii, 200-204.
Boswell was attracted by Clarkson, but finally
made up his mind that the abolition of the
slave-trade would 'shut the gates of mercy
on mankind.'
50. See the account of G. Sharp in Sir J.
Stephen's Ecclesiastical Biography (Chapham
Sect).
51. Cobbett's State Trials, xx, 1-82.
52. The Society determined in 1760 'to disown'
any Friend concerned in the slave-trade.
53. Mr Conway, in his Life of Paine, attributes,
I think, a little more to his hero than is
consistent with due regard to his predecessors;
but, in any case, he took an early part in
the movement.
54. See upon this subject Mr Jephson's interesting
book on The Platform.
55. France, p. 206 (20th July 1789).
56. See the Life of Horne Tooke, by Alexander
Stephens (2 vols. 8vo. 1813). John Horne
added the name Tooke in 1782.
57. Parl. Hist. xxi. 751
58. The history of these societies may be
found in the trials reported in the twenty-third,
twenty-fourth, and twenty-fifth volumes of
Cobbett's State Trials, and in the reports
of the secret committees in the thirty-first
and thirty-fourth volumes of the Parl. History.
There are materials in Place's papers in
the British Museum which have been used in
E. Smith's English Jacobins.
70. He was member for Old Sarum, 180102;
but his career ended by a declaratory act
disqualifying for a seat men who had received
holy orders.
71. Bentham's Works, x. 404; Live of Mackintosh,
i, 52; Paul's Godwin, i, 71; Coleridge's
Table Talk, 8th May 1830 and 16th August
1833.
72. Stephens, ii, 316, 334, 438.
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