when Louis Bonaparte sought to secure his position with the bourgeoisie by tampering with the legal working day, the French people cried out with one voice "the law that limits the working day to 12 hours is the one good that has remained to us of the legislation of the Republic!". At Zürich the work of children over 10, is limited to 12 hours; in Aargau in 1862, the work of children between 13 and 16, was reduced from 12 to 12 hours; in Austria in 1860, for children between 14 and 16, the same reduction was made.2 "What a progress," since 1770! Macaulay would shout with exultation! The "House of Terror" for paupers of which the capitalistic soul of 1770 only dreamed, was realized a few years later in the shape of a gigantic "Workhouse" for the industrial worker himself. It is called the Factory. And the ideal this time fades before the reality. SECTION 6.- THE ENGLISH FACTORY ACTS, 1833 TO 1864. After capital had taken centuries in extending the workingday to its normal maximum limit, and then beyond this to the limit of the natural day of 12 hours,3 there followed on the birth of machinism and modern industry in the last third of 1 "They especially objected to work beyond the 12 hours per day, because the law which fixed those hours, is the only good which remains to them of the legislation of the Republic." ("Rep. of Insp. of Fact.," 31st October, 1856, p. 80.) The French Twelve hours' Bill of September 5th, 1850, a bourgeois edition of the decree of the Provisional Government of March 2nd, 1848, holds in all workshops without exceptions. Before this law the working day in France was without definite limit. It lasted in the factories 14, 15, or more hours. See "Des classes ouvrières en France pendant l'année 1848. Par M. Blanqui." M. Blanqui the economist, not the Revolutionist, had been entrusted by the Government with an inquiry into the condition of the working class. Belgium is the model bourgeois state in regard to the regulation of the working day. Lord Howard of Welden, English Plenipotentiary at Brussels, reports to the Foreign Office, May 12th, 1862: "M. Rogier, the minister, informed me that children's labour is limited neither by a general law nor by any local regulations; that the Government, during the last three years, intended in every session to propose a bill on the subject, but always found an insuperable obstacle in the jealous opposition to any legislation in contradiction with the principle of perfect freedom of labour." "It is certainly much to be regretted that any class of persons should toil 12 hours a day, which, including the time for their meals and for going to and returning from their work, amounts, in fact, to 14 of the 24 hours.... Without the 18th century, a violent encroachment like that of an avalanche in its intensity and extent. All bounds of morals and nature, age and sex, day and night, were broken down. Even the ideas of day and night, of rustic simplicity in the old statutes, became so confused that an English judge, as late as 1860, needed a quite Talmudic sagacity to explain "judicially" what was day and what was night.1 Capital celebrated its orgies. As soon as the working class, stunned at first by the noise and turmoil of the new system of production, recovered, in some measure, its senses, its resistance began, and first in the native land of machinism, in England. For 30 years, however, the concessions conquered by the workpeople were purely nominal. Parliament passed 5 Labour Laws between 1802 and 1833, but was shrewd enough not to vote a penny for their carrying out, for the requisite officials, &c.2 They remained a dead letter. "The fact is, that prior to the Act of 1833, young persons and children were worked all night, all day, or both ad libitum."s A normal working day for modern industry only dates from the Factory Act of 1833, which included cotton, wool, flax, and silk factories. Nothing is more characteristic of the spirit of entering into the question of health, no one will hesitate, I think, to admit that, in a moral point of view, so entire an absorption of the time of the working classes, without intermission, from the early age of 13, and in trades not subject to restric tion, much younger, must be extremely prejudicial, and is an evil greatly to be de plored. . . For the sake, therefore, of public morals, of bringing up an orderly population, and of giving the great body of the people a reasonable enjoyment of life, it is much to be desired that in all trades some portion of every working day should be reserved for rest and leisure." (Leonard Horner in Reports of Insp. of Fact., Dec., 1841.) See "Judgment of Mr. J. H. Otwey, Belfast. Hilary Sessions, County Antrim, 1860." It is very characteristic of the régime of Louis Philippe, the bourgeois king, that the one Factory Act passed during his reign, that of March 22nd, 1841, was never put in force. And this law only dealt with child-labour. It fixed 8 hours a day for children between 8 and 12, 12 hours for children between 12 and 16, &c., with many exceptions which allow night-work even for children 8 years old. The supervisior and enforcement of this law are, in a country where every mouse is under police administration, left to the good-will of the amis du commerce. Only since 1853, in one single department-the Département du Nord-has a paid government iaspector been appointed. Not less characteristic of the development of French society, generally, is the fact, that Louis Philippe's law stood solitary among the allembracing mass of French laws, till the Revolution of 1848. "Report of Inso. of Fact.," 30th April, 1860, p. 50. T capital than the history of the English Factory Acts from 1833 to 1864. The Act of 1833 declares the ordinary factory working day to be from half-past five in the morning to half-past eight in the evening, and within these limits, a period of 15 hours, it is lawful to employ young persons (i.e., persons between 13 and 18 years of age), at any time of the day, provided no one individual young person should work more than 12 hours in any one day, except in certain cases especially provided for. The 6th section of the Act provided: "That there shall be allowed in the course of every day not less than one and a half hours for meals to every such person restricted as herein before provided." The employment of children under 9, with exceptions mentioned later, was forbidden; the work of children between 9 and 13 was limited to 8 hours a day, night work, i.e., according to this Act, work between 8.30 p.m. and 5.30 a.m., was forbidden for all persons between 9 and 18. The law-makers were so far from wishing to trench on the freedom of capital to exploit adult labour-power, or, as they called it, "the freedom of labour," that they created a special system in order to prevent the Factory Acts from having a consequence so outrageous. "The great evil of the factory system as at present coLducted," says the first report of the Central Board of the Commission of June 28th, 1833, "has appeared to us to be that it entails the necessity of continuing the labour of children to the utmost length of that of the adults. The only remedy for this evil, short of the limitation of the labour of adults, which would, in our opinion, create an evil greater than that which is sought to be remedied, appears to be the plan of working double sets of children." Under the name of System of Relays, this "plan" was therefore carried out, so that, e.g., from 5.30 a.m. until 1.30 in the afternoon, one set of children between 9 and 13, and from 1.30 p.m. to 8.30 in the evening another set were "put to," &c. In order to reward the manufacturers for having, in the most barefaced way, ignored all the Acts as to children's labour passed during the last twenty-two years, the bill was yet further gilded for them. Parliament decreed that after March 1st, 1834, no child under 11, after March 1st, 1835, no child under 12, and after March 1st, 1836, no child under 13, was to work more than eight hours in a factory. This "liberalism," so full consideration for "capital," was the more noteworthy as, Dr. Farre, Sir A. Carlisle, Sir B. Brodie, Sir C. Bell, Mr. Guthrie, &c., in a word, the most distinguished physicians and surgeons in London, had declared in their evidenec before the House of Commons, that there was danger in delay. Dr. Farre expressed himself still more coarsely. "Legislation is necessary for the prevention of death, in any form in which it can be prematurely inflicted, and certainly this (i.e., the fac tory method) must be viewed as a most cruel mode of inflicting it." That same "reformed" Parliament, which in its delicate consideration for the manufacturers, condemned children under 13, for years to come, to 72 hours of work per week in the Factory Hell, on the other hand, in the Emancipation Act, which also administered freedom drop by drop, forbade the planters, from the outset, to work any negro slave more than 45 hours a week. But in no wise conciliated capital now began a noisy agitation that went on for several years. It turned chiefly on the age of those who, under the name of children, were limited to 8 hours work, and were subject to a certain amount of compulsory education. According to capitalistic anthropology, the age of childhood ended at 10, or at the outside, at 11. The more nearly the time approached for the coming into full force of the Factory Act, the fatal year 1836, the more wildly raged the mob of manufacturers. They managed, in fact, to intimidate the government to such an extent that in 1835 it pro posed to lower the limit of the age of childhood from 13 to 12. In the meantime the pressure from without grew more threatening. Courage failed the House of Commons. It refused to throw children of 13 under the Juggernaut Car of capital for more than 8 hours a day, and the Act of 1833 came into full operation. It remained unaltered until June, 1844. In the ten years during which it regulated factory work, first in part, and then entirely, the official reports of the factory inspectors teem with complaints as to the impossibility of putting the Act into force. As the law of 1833 left it optional with the lords of capital during the 15 hours, from 5.30 a.m. to 8.30 p.m., to make every "young person," and "every child” begin, break off, resume, or end his 12 or 8 hours at any moment they liked, and also permitted them to assign to different persons different times for meals, these gentlemen soon discovered a new "system of relays," by which the labourhorses were not changed at fixed stations, but wer constantly re-harnessed at changing stations. We do not pausc longer the beauty of this system, as we shall have to return to it later. But this much is clear at the first glance: that this system annulled the whole Factory Act, not only in the spirit, but in the letter. How could factory inspectors, with this complex book-keeping in respect to each individual child or young person, enforce the legally determined work time and the granting of the legal meal-times? In a great many of the factories, the old brutalities soon blossomed out agai unpunished. In an interview with the Home Secretary (1844), the factory inspectors demonstrated the impossibility of any control under the newly invented relay system.1 In the meantime, however, circumstances had greatly changed. The factory hands, especially since 1838, had made the Ten Hours' Bill their economical, as they had made the Charter their political, election-cry. Some of the manufacturers, even, who had managed their factories in conformity with the Act of 1833, overwhelmed Parliament with memorials on the immoral competition of their false brethren whom greater impudence, or more fortunate local circumstances, enabled to break the law. Moreover, however much the individual manufacturer might give the rein to his old lust for gain, the spokesmen and political leaders of the manufacturing class ordered a change of front and of speech towards the work people. They had entered upon the contest for the repeal of the Corn Laws, and needed the workers to help them to victory. They promised, therefore, not only a double-sized loaf of bread, but the 1 "Rept. of Insp. of Fact.," 81st October, 1849, p. 6. |