CHAPTER XX

TOULMIN SMITH: AUTHOR, ANTIQUARIAN STUDENT, AND POLITICAL REFORMER

Among the names of those who have done most, by untiring, laborious search among old parish registers, etc., and dusty old records, to bring to light interesting social ordinances, details of ancient parish government, and gems of Norse literature and archaeological research, there have been none in the last century who have by patient work attained more knowledge of their country's inner history than Mr. Toulmin Smith.

His name is indeed familiar to everyone as the greatest living authority on "English Gilds." That book alone, by itself, is an invaluable gift to the nation. By that alone has he done so signal a service to his countrymen that no gratitude could repay it.

It is true that, owing to ill-health, Mr. Toulmin Smith unavoidably left it unfinished at his death, but there is sufficient fulness of information in it as it is, to make it worth more than an infinity of other finished books of to-day.

As Father Gasquet says in his Parish Life in Medieval England, of the universality of these "gilds" in this country: "Every account of a medieval parish must necessarily include some description of the work of fraternities and guilds…. Their existence dates from the earliest times." Mr. Toulmin Smith, indeed, says, "English Guilds are older than any kings of England…. They were associations of those living in the same neighbourhood, who remembered that they had, as neighbours, common obligations." But it was not only because of his English Gilds that he is remembered. In 1854, when he was thirty-eight years of age, he published another very important volume, The Parish: its Obligations and Powers, its Officers and their Duties. This was also a book towards the making of which had gone many long years of the most incessant, careful research in old documents. It was one of those rare literary buildings, each stone of which was laid with infinite exactitude and care. There is too much "jerry-building" to-day, both in houses and books.

To Mr. Toulmin Smith some of the shallow books of to-day would represent literary "pariahs." He would bar the very superficial method in which they were put together.

In The Parish and in many a pamphlet he set his face steadily against centralization. "The ruling passion, the guide of his life, the dream of his youth, the glory of his manhood and his later years, was the intelligent freedom of the people, based on 'the ancient ways.'" [Footnote: Toulmin Smith, 1816 to 1869, by the late Samuel Timmins, Esq., of Birmingham. From this pamphlet I have gained much information of his life.]

It is not difficult to understand how the friendship between Toulmin Smith and Frank Newman began. For the decentralization of the nation, better forms of local self-government, were also, each of them, a dream of the latter's, which he longed eagerly to see realized. There was another keen common interest between them. Both ardently desired the freedom of Hungary. Both wrote strongly in favour of it. Both warmly welcomed the exiled patriot, Louis Kossuth, when he came to England to collect funds for the revolutionary movement of his country. But long before Englishmen had made themselves au fait with the subject of the Hungarian revolt, Toulmin Smith had, in his literary studies, understood the why and wherefore of the quarrel, and had, by his words, roused his country to the true recognition of how urgent was the whole question between Austria and Hungary. It must not be forgotten, too, that all his labours amongst the tangled undergrowths of the literary land were undertaken in the leisure time he could spare from his profession. For he was barrister-at-law of Lincoln's Inn, and he was also a landowner in Birmingham (his native city), of property which had belonged to his ancestors in succession for five hundred years. He had made himself a proficient in the Icelandic, Danish, Norse languages, and was learned in the ancient history and politics of Denmark, Norway, Sweden, Iceland, and Scandinavia. [Footnote: I quote from the pamphlet on Toulmin Smith, referred to before.]

Mr. Timmins tells us that "while he maintained his own convictions with energy and power, he had a kindly regard for all who differed from him, a large appreciation of genuine humour, and he was in private life one of the most courteous, kindly, and genial of men. While he honoured the past and the memory of his fathers, he was no blind adherent of a falling cause, no obstinate opponent of the needful changes of the age…. Amid all the worry of a London lawyer's life, when far away in the United States and stricken down by 'grievous illness,' almost his last written words, 'I long to return to Birmingham,' express the passion of his life."

The friendship between Toulmin Smith and Newman probably began in 1849, in connection with the formation of the Hungarian Committee. This I am told by Miss Toulmin Smith, to whose kindness I am indebted for permission to use the following letters.

She believes that her father was introduced to Newman by Mr. John Edward Taylor (of Norwich). She says she has a keen memory of Francis Newman coming to her father's house at Highgate at that time, with Pulszky and other Hungarians, all eager in the "efforts for reform and constitutional freedom and local government." But later on, she adds, many difficulties arose, and "about 1852 something connected with Louis Kossuth" (and the Hungarian movement) "caused a coolness" between the friends, and their correspondence seems to have come to an end after September in that year. Newman, owing to his University College engagements probably, I think retired from his position on the Committee in October, 1849.

Francis Newman to Toulmin Smith.

"University College, Gower Street, "8th Jan., 1850.

"My dear Sir,

"I rejoice in your ward-mote exertions, and I beg you will not think that
I am indifferent to them."

[This refers to "a series of meetings during the winter of 1849-50 in one of the Wards of the City of London; part of a movement endeavouring to rouse the citizens to a sense of civic local duties.">[ [Footnote: I am quoting from notes re these letters, kindly supplied by Miss Toulmin Smith.]

"On Wednesday I have to attend a meeting of our Professors here which will interfere with the Wardmote…. I exceedingly want presence of mind, if there is any tumult, so as to remember quickly enough what is to be said. Against a mob I could act with firmness, but I could not speak with promptitude. Moreover, I suffer physically from the air of a crowded room, and never go to hear a speech when there is a chance of my being able to read it."

The next letter I quote from is dated from Church Street, Old Eastbourne,
August, 1850. It begins with questions of canvassing at University
College, and goes on to touch on the subject about which he and his
correspondent were at one: local land reform:—

"I have been here less than a week, but was at first unsettled, and my servant did not know whither to send my letters. It is fine air, rather bleak downs" (this is an unappreciative criticism of those exquisitely rounded outlines), "but with sunny days very pleasant and healthy.

"I am glad to hear of your Bristol excursion. If one could convert some sheriff of a county, I should like to see the thing tested in some practical form, i.e. to assemble every month a Parliament of County Freeholders to do some real work—as, if roads, or public lands, or docks, etc., were to be dealt with; or to protest against a Private Bill in Parliament, and claim to have the settling of it.

"I wish you knew Tom Taylor. He is an able man, desiring Reform, and is on the Public Health Board in some legal capacity. He heartily wishes to develop the local powers, and will not admit that they are practically undermining them. He fully assented to all I said in theory, but thought I misconceived what they were actually doing.

"Believe me, sincerely yours,

"F. W. Newman."

Tom Taylor, journalist and playwriter, was born 1817 in Sunderland. For two years he was Professor of the English language and literature at University College. He was called to the Bar of Inner Temple in 1845. He acted as Secretary to the Board of Health and Local Government Act Office. After the year 1846 he devoted himself chiefly to playwriting, and in 1874 was editing Punch.

The following letter is dated September, 1850:—

* * * * *

"It is not Tom Taylor only who honestly believes the Sanitary Board to be engaged in teaching Central and Local Powers to co-operate, and to be anxious to leave bonâ fide power of the most important kind to the localities. Only a few days ago a friend of mine (a physician) was proving to me this very point in them. We who are not lawyers do not understand points rapidly enough (or cannot remember them) to see where a great principle is violated.

"I do not care about the Sanitary Board per se … but what I think you are most wanted to do is to show that, however much the Parliamentary franchise needs reform, yet a greater need is that of limiting the functions of Parliament, and giving them to County Assemblies or Town Motes.

"That word Mote is almost obsolete! May not the fact itself be a text to you? The modern substitute, 'meeting,' has no taxing powers, no legal officers, no constitutional power any more than a mob…. The sands of the Whigs run fast out, and it is high time for the Radicals to have a creed. Do you find any Chartists listen to you? If you cannot convert a Sheriff, I should be as well pleased with a hundred Chartists, for they learn from one another by contagion."

In this year there was put forward a project for a society to make more local government possible. This was later carried out under the name of the "Anti-Centralization Union."

In November, 1850, decentralization was again to the fore in the minds of Newman and Toulmin Smith, as is shown here; and what the former says he puts very trenchantly, forcibly:—

"7 Park Village East, "R.P., Oct. 16th, 1850.

"My dear Smith,

* * * * *

"I can speak with much freedom and energy (but no wit) on a subject on which I have information and feel interested: but I cannot make an after- dinner speech of compliment, nor talk on a subject which I do not feel I have very maturely considered…. In regard to local government, I think you would disarm the fears or scruples of many excellent and wise persons if you made prominent that you do not wish to return to the Middle Ages, or disown that progress of society which has knit England into a single State. I think it high time to make an outcry against a system of infinite legislation, in which we are subjected to laws too numerous for anyone to be acquainted with; yet I doubt whether we shall get a hearing with the most influential minds unless we make it clear that we fully understand that the progress of society forbids our returning to the simplicity of law which the good Saxons had under Alfred and his successors. The gap is vast, and there is no danger whatever of our becoming too simple; yet this fanatical aim will be so surely imputed to us (in days when such men as Lord John Manners in Politics and the Puseyites in Church are afloat) that it is not needless to disown it even to candid and strong-headed hearers.

"I am asking Froude to dine with me on Tuesday, the 29th instant, at 6 o'clock, to meet you and some other friends whom I want to bring together: as I believe he will then be in London….

"Thursday, 6 o'clock.—I have just got Froude's reply, Yes: so please to say Yes, too.

"In haste, sincerely yours,

"F. W. Newman."

As to the real meaning of the word "Democracy" Newman deals with it thus:—

"What is Democracy?… Show that if one town governs itself by universal suffrage, that is Democracy, so long as the people really exercise interest in their public concerns; but that if a whole country, as France, elects an Assembly, that is not Democracy, but Empire delegated to an Oligarchy, because the people at large cannot understand, follow, and control public measures.

"I do not mean to dictate this, or any one mode; but I feel strongly that you must put a sharp curb on all invective until you have fully developed the difference between the common Radicalism and your own views. Pulszky says he is satisfied you were not understood at the Radley Hotel dinner. Radicals are almost as slow as Tories to admit a new thought.

"I should also like to have the question brought out: 'What has been, historically, the Service performed by Monarchy and Centralization?' The answer is: 'It has formed nations into larger masses, and lessened or destroyed border war.' The inference is, that the great and peculiar function of the Central Government is, in fact, what the American Congress does, viz. to maintain peace at home between the several States, and make the country One in resisting hostile attack. To do more than this, should be rather exceptive, and confined to subordinate matters, else Centralization becomes mischievous…."

And again, later in the year, in answer to a letter from Mr. Toulmin
Smith:—

"What I said of 'Democracy' was meant as argumentum ad hominem to that side, not as intending to identify myself with it, but I see the danger you speak of. Query: Would 'popular government' do? Even Conservatives wish for a Commonwealth and for Constitutional Government. No doubt Unity is the true word, not Centralization; but I think this Unity without Centralization would never have been coveted by kings, so that in fact we have bought the advantage of Unity at the expense of submitting to (more or less of) Centralization."

Twelve years later, John Ruskin put forth a method which cannot fail to commend itself to every reasonable mind; a method which, if treated from the decentralization point of view, seems to offer good solution to the crux of English pauperism, at any rate, if dealt with under the aegis of Local government. That "_bona fide power of the most important kind to the localities" as Newman said, should be conceded; that the "Government schools" of which Ruskin speaks should, in each place, be directly under Local Control.

The passage to which I am alluding is from Unto this Last:—

"Any man, or woman, or boy, or girl out of employment should be at once received at the nearest Government School" (training schools, at which trades, etc., should be taught) "and set to such work as it appeared, on trial, they were fit for, at a fixed rate of wages determinable every year; that being found incapable of work through ignorance, they should be taught; or being found incapable of work through sickness, should be tended; but that being found objecting to work, they should be set, under compulsion of the strictest nature, to the more painful and degrading (?) forms of necessary toil; especially to that in mines, and other places of danger (such danger being, however, diminished to the utmost by careful regulation and discipline), and the due wages of such work retained, cost of compulsion first abstracted, to be at the workman's command so soon as he has come to sounder mind respecting the laws of employment."