Chapter LI: Section III (4)

"The general tenor of all the medical reports in my possession
confirms Mr. Harrison's view of factory labour on the health of the
younger branches of working hands. It is decidedly not injurious to
health or longevity, compared with other employments." Then, in page
51, Mr. Saunders says, "It appears in evidence, that of all
employments to which children are subjected, those carried on in
factories are among the least laborious, and of all departments of
in-door labour, amongst the least unwholesome." Mr. Horner says, "It
is gratifying to be able to state, that I have not had a single
complaint laid before me either on the part of the masters against
their servants, or of the servants against their masters; nor have I
seen or heard of any instance of ill-treatment of children, or of
injury to their health by their employment." And on the 21st of July,
1834, speaking on the employment of children, he says: "And as their
occupation in the mills is so light as to cause no bodily fatigue,
they would pass their eight hours there as beneficially as at home;
indeed, in most cases, far more so."

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I think I have now said enough with regard to this part of the subject--apparently too much for hon. gentlemen opposite, who appear only anxious to hear and applaud one side, and many of whom have not even heard that. But notwithstanding all these facts I admit there are evils, serious evils, and much distress in the manufacturing districts; many are still out of employment, and in many branches of trade wages are low. We have violent fluctuations in trade, and periods when multitudes endure great suffering and it becomes this House to inquire why do these fluctuations occur, and what is the great cause of their suffering. I attribute much of this to the mistaken and unjust policy pursued by this House, with respect to the trade and industry of the country. Hitherto manufacturers have had no fair chance: you have interfered with their natural progress, you have crippled them by your restrictions, you have at times almost destroyed them by monopolies, you have made them the sources of your public revenue, and the upholders of your rents, but at your hands they have never to this moment received justice and fair dealing. I do not charge the noble lord with dishonesty, but I am confident if he had looked at this question with as anxious a desire to discover truth, as he has to find materials for his case, he would have found many subjects of congratulation to counterbalance every one which he would have had reason to deplore. The noble lord and hon. gentlemen opposite, when they view from their distant eminence the state of the manufacturing districts, look through the right end of the telescope; what they see is thus brought near to them, and is greatly magnified; but when they are asked to look at the rural districts, they reverse the telescope and then everything is thrown to the greatest possible distance and is diminished as much as possible.

* * * * *

The noble lord, the Member for Liverpool, says, he is most anxious to improve the condition of the working classes; he points to more education, a higher state of morals, better food and better clothing, as the result of the adoption of the proposition now before the House. But there is one thing that the noble lord has failed to prove; he has failed to show how working only ten hours will give the people more sugar. The noble lord is the representative of the sugar monopolists of Liverpool, and, after voting to deprive the people of sugar, he is perfectly consistent in denying them the liberty even to work. The people ask for freedom for their industry, for the removal of the shackles on their trade; you deny it to them, and then forbid them to labour, as if working less would give them more food, whilst your monopoly laws make food scarce and dear. Give them liberty to work, give them the market of the world for their produce, give them the power to live comfortably, and increasing means and increasing intelligence will speedily render them independent enough and wise enough to bring the duration of labour to that point at which life shall be passed with less of irksome toil of every kind, and more of recreation and enjoyment. It is because I am convinced this project is now impracticable, and that under our present oppressive legislation, it would make all past injustice only more intolerable, that I shall vote against the proposition which the noble lord, the member for Dorset, has submitted to the House.

[Footnote 360: _Ibid._ Cols. 1101-2 and 1108-9.]

[Footnote 361: _Ibid._ Cols. 1111-2.]

[Footnote 362: _Ibid._ Cols. 1132-5, 1148 and 1150-1.]

22. Factory Act [_Statutes_ 7 _ana_ 8, _Victoria_ 15], 1844.

An Act to amend the Laws relating to Labour in Factories.

XX. And be it enacted, that no child or young person shall be allowed to clean any part of the mill-gearing in a factory while the same is in motion for the purpose of propelling any part of the manufacturing machinery; and no child or young person shall be allowed to work between the fixed and traversing part of any self-acting machine while the latter is in motion by the action of the steam engine, water-wheel, or other mechanical power.

XXI. And be it enacted, that every fly-wheel directly connected with the steam engine or water-wheel or other mechanical power, whether in the engine house or not, and every part of a steam engine and water-wheel, and every hoist or teagle, near to which children or young persons are liable to pass or be employed, and all parts of the mill-gearing in a factory, shall be securely fenced; and every wheel-race not otherwise secured shall be fenced close to the edge of the wheel-race; and the said protection to each part shall not be removed while the parts required to be fenced are in motion by the action of the steam engine, water-wheel, or other mechanical power for any manufacturing process.

XXIV. And be it enacted, that one of Her Majesty's principal Secretaries of State, on the report and recommendation of an inspector, may empower such inspector to direct one or more actions to be brought in the name and on behalf of any person who shall be reported by such inspector to have received any bodily injury from the machinery of any factory, for the recovery of damages for and on behalf of such person.

XXIX. And be it enacted, that every child who shall have completed his eighth year, and shall have obtained the surgical certificate required by this act of having completed his eighth year, may be employed in a factory in the same manner and under the same regulations as children who have completed their ninth year; but no child under eight years of age shall be employed in any factory.

XXX. And be it enacted, that no child shall be employed in any factory more than six hours and thirty minutes in any one day, save as hereinafter excepted, unless the dinner time of the young persons in such factory shall begin at one of the clock, in which case children beginning to work in the morning may work for seven hours in one day; and no child who shall have been employed in a factory before noon of any day shall be employed in the same or any other factory, either for the purpose of recovering lost time or otherwise, after one of the clock in the afternoon of the same day, save in the cases when children may work on alternate days, or in silk factories more than seven hours in any one day, as hereinafter provided.

XXXI. And be it enacted, that in any factory in which the labour of young persons is restricted to ten hours in any one day it shall be lawful to employ any child ten hours in any one day on three alternate days of every week, provided that such child shall not be employed in any manner in the same or in any other factory on two successive days, nor after half past four of the clock in the afternoon of any Saturday: Provided always, that the parent or person having direct benefit from the wages of any child so employed shall cause such child to attend some school for at least five hours between the hours of eight of the clock in the morning and six of the clock in the afternoon of the same day on each week day preceding each day of employment in the factory, unless such preceding day shall be a Saturday, when no school attendance of such child shall be required: Provided also, that on Monday in every week after that in which such child began to work in the factory, or any other day appointed for that purpose by the inspector of the District, the occupier of the factory shall obtain a certificate from a schoolmaster, according to the form and directions given in the schedule (A) to this act annexed, that such child has attended school as required by this act; but it shall not be lawful to employ any child in a factory more than seven hours in any one day, until the owner of the factory shall have sent a notice in writing to the inspector of the district of his intention to restrict the hours of labour of young persons in the factory to ten hours a day, and to employ children ten hours a day; and if such occupier of a factory shall at any time cease so to employ children ten hours a day he shall not again employ any child in his factory more than seven hours in any one day until he shall have sent a further notice to the inspector in the manner hereinbefore provided.

XXXII. And be it enacted, that no female above the age of eighteen years shall be employed in any factory save for the same time and in the same manner as young persons may be employed in factories; and that any person who shall be convicted of employing a female above the age of eighteen years for any longer time or in any other manner shall for every such offence be adjudged to pay the same penalty as is provided in the like case for employing a young person contrary to law: provided always, that nothing herein or in the Factory Act contained as to certificates of age shall be taken to apply to females above the age of eighteen years.

23. RECOMMENDATIONS OF THE COMMISSION ON THE HEALTH OF TOWNS [_Second Report of Commissioners on State of Large Towns and Populous Districts (XVIII), 1845, pp. 13-68_], 1845.

That in all cases the local administrative body appointed for the purpose have the special charge and direction of all the works required for sanitary purposes, but that the Crown possess a general power of supervision.

That before the adoption of any general measure for drainage a plan and survey upon a proper scale, including all necessary details, be obtained, and submitted for approval to a competent authority.

That the Crown be empowered to define and to enlarge from time to time the area for drainage included within the jurisdiction of the local administrative body.

That, upon representation being made by the municipal or other authority, or by a certain number of the inhabitants of any town or district, or part thereof, setting forth defects in the condition of such place, as to drainage, sewerage, paving, cleansing, or other sanitary matters, the Crown appoint a competent person to inspect and report upon the state of the defects, and, if satisfied of the necessity, have power to enforce upon the local administrative body the due execution of the law.

That the management of the drainage of the entire area, as defined for each district, be placed under one jurisdiction.

That the construction of sewers, branch sewers, and house drains, be entrusted to the local administrative body.

That the duty of providing the funds necessary to be imposed upon the local administrative body, and that the cost of making the main and branch sewers be equitably distributed among the owners of the properties benefited; and that the expense of making the house-drains be charged upon the owners of the house, to which the drains are attached, etc.

That some restriction be placed on the proportionate rates in the pound to be levied in one year, but if the local administrative body finds that there is need for larger funds, for the immediate execution of works for sanitary measures, than can be provided by such rates, it be empowered to raise, by loan on security of the rates, subject to the approval of the Crown, such sums as may be requisite for effecting the objects in view.

That provision always be made for the gradual liquidation of such debts, within a given number of years.

That the whole of the paving, and the construction of the surface of all streets, courts and alleys be placed under the management of the same authority as the drainage.

That the provisions in local Acts, vesting the right to all the dust, ashes, and street refuse in the local administrative body, be made general; and that the cleansing of all privies and cess-pools at proper times, and on due notice, be exclusively entrusted to it.

That it be rendered imperative on the local administrative body, charged with the management of the sewerage and drainage, to procure a supply of water in sufficient quantities not only for the domestic needs of the inhabitants, but also for cleansing the streets, scouring the sewers and drains, and the extinction of fire....

That measures be adopted for promoting a proper system of ventilation in all edifices for public assemblage and resort, especially those for the education of youth.

That, on complaint of the parish medical or other authorised officer, that any house or premises are in such a filthy and unwholesome state as to endanger the health of the public, and an infectious disorder exists therein, the local administrative body have power to require the landlord to cleanse it properly, without delay; and in case of his neglect or inability, to do so by its own officers, and recover the expense from the landlord.

That the local administrative body have power to appoint, subject to the approval of the Crown, a medical officer properly qualified to inspect and report periodically upon the sanitary condition of the town or district, to ascertain the true causes of disease and death, more especially of epidemics increasing the rates of mortality, and the circumstances which originate and maintain such diseases, and injuriously affect the public health of such town or populous district.

[Provisions for abating factory exhalations and nuisances; for regulating the width of new courts, the accommodation of cellar-dwellings and the sanitation of new houses; for power to buy out new water companies at the end of a term of years; for controlling lodging-houses; for providing public spaces and walks.][363]

[Footnote 363: The first general Public Health Act (1848) was based on this report and that of the Select Committee on the Health of Towns, 1840 (XI)]