[30]. Taken as a body, there is not a more infamous and tyrannical set of authorities on the face of the earth than the unpaid magistracy of England. How the high spirited people of this country can endure such an atrocious system, is to us surprising. Almost entirely irresponsible—chosen on account of their wealth and influence in their respective counties, but without the least reference to their abilities—and, by the very circumstances of their position, opposed to the interests of the masses, the justices of the peace are so many diabolical tyrants vested with a power which completely coerces the industrious and labouring classes. If it be necessary to have paid barristers as magistrates in the cities and great towns, why should not the same rule apply to smaller towns and to rural districts? To invest an irresponsible, narrow-minded, and prejudiced body of men with such immense powers as those wielded by magistrates, is a foul blot upon our civilisation. Prison-chains, fines, and treadmills are at the disposal of these justices; and the use they make of their power proves that the entire system on which their attributes and jurisdiction are based, deserve universal execration. Thousands and thousands of honest, well-meaning, hard-working families have been ruined by this hierarchy of terrestrial fiends. Talk of the freedom of the British subject, and boast of the trial by jury! Why, any magistrate, by his own single decision, can award heavy fines or months of imprisonment! The unpaid magistracy exists as a protection and also as an agency for the infernal Game Laws. Their local powers and influence give them immense weight in general elections, for poor people are afraid to offend them. But the worst kind of unpaid magistrates are the clergymen who are in the commission of the peace. These men usually act more like off-shoots of the Czar of Russia than as magistrates in a civilised country and as ministers of the charitable and generous doctrines of the Christian faith.
[31]. This act is not only still unrepealed, but was put in force about eighteen months or two years ago, by certain county magistrates against two or three poor labourers.
[32]. It is generally understood that the Judge should be merely an expounder of the law affecting the cases brought under the cognizance of the court, and also a means of refreshing the memories of the jurymen by reading over his notes, or the salient points in them. At least, to our thinking, a Judge should never allow his own opinion on the point at issue to transpire. If he do, he is almost sure to bias the jury. But, unfortunately, nearly all the Judges in this country act in a dictational manner with regard to juries. They direct the verdicts returned. This assumption on the part of the Judges of the privileges and attributes of juries, renders the latter perfectly unnecessary. For ourselves, we believe that trial by jury is in these islands a mere farce—an idle mockery—a contemptible delusion: the Judges are the real juries after all. And yet we boast of the institution! That institution would indeed be a glorious one, were the Judges to discharge their duties properly: but, in nine cases out of ten, they do not.
[33]. There is something uncommonly barbarous in many of our institutions and customs. Were it not associated with such solemn occasions, we should laugh at the mountebank piece of solemn humbug of the black cap—as if the Judge himself could not assume a demeanour serious and dignified enough for the awful and atrocious duty which the law imposes upon him in pronouncing death sentences. The custom of Judges and barristers disfiguring themselves in huge wigs is a mere relic of barbarism, and unworthy of a civilized age. If the law cannot maintain its solemn majesty without such wretched aids, heaven knows there must be something radically wrong either in the constitution of the tribunals themselves or in the conduct of the functionaries of justice. Away with all such mockeries and fools'-play as wigs and black caps, and let men distribute the justice of men as men, and not muffled up and disguised like old women. The maintenance of all customs which our barbarian ancestors handed down to us shows an aversion to progress on the part of the Government and the Legislature. The wisdom of those ancestors existed, we imagine, only in the wig: let the wisdom of the present day show itself by the fact of discarding all useless pomp and vain ostentation.
[34]. "The Aristocracy of England, a History for the People," by John Hampden, Junior (the pseudonym of a very clever writer, whatever his real name and whoever he may be) is a work which should be read by all classes—by the aristocratic sections of society, because it may warn them of the impending storm; and by the middle and poorer grades, because it will shew them their oppressors in their true characters. This and William Howitt's "History of Priestcraft" (both published by Messrs. Chapman, Newgate Street) are glorious signs of the times in which we live. From the first-mentioned book we quote the ensuing passage:—
"Look at France. Every one is familiar with the dreadful condition to which its proud and imbecile aristocracy reduced it. Every one knows in what a storm of blood and terror the oppressed people rose and took an eternal vengeance on their oppressors. If we read the accounts of France, just previous to the Revolution, we cannot avoid being struck with a terrible similarity of circumstances and features with those of our own country now. Nay, the following description by their own historian, Thiers, seems to be that of England at present:—'The condition of the country, both political and economical, was intolerable. There was nothing but privilege—privilege vested in individuals, in classes, in towns, in provinces, and even in trades and professions. Every thing contributed to check industry and the natural genius of man. All the dignities of the state, civil, ecclesiastical, and military, were exclusively reserved to certain individuals. No man could take up a profession without certain titles, and the compliance with certain pecuniary conditions. Even the favours of the crown were converted into family property, so that the king could scarcely exercise his own judgment, or give any preference. Almost the only liberty left to the sovereign was that of making pecuniary gifts, and he had been reduced to the necessity of disputing with the Duke of Coigny for the abolition of a useless place. Every thing, then, was made immoveable property in the hands of a few, and every where these few resisted the many who had been despoiled. The burdens of the state weighed on one class only. The noblesse and the clergy possessed about two-thirds of the landed property; the other third, possessed by the people, paid taxes to the king, a long list of feudal droits to the noblesse, tithes to the clergy, and had, moreover, to support the devastations committed by noble sportsmen and their game. The taxes upon consumption pressed upon the great multitude, and consequently on the people. The collection of these imposts was managed in an unfair and irritating manner; the lords of the soil left long arrears with impunity, but the people, upon any delay in payment, were harshly treated, arrested and condemned to pay in their persons, in default of money to produce. The people, therefore, nourished with their labour, and defended with their blood, the higher classes of society, without being able to procure a comfortable subsistence for themselves. The towns-people, a body of citizens, industrious, educated, less miserable than the people, could nevertheless obtain none of the advantages to which they had a right to aspire, seeing that it was their industry that nourished and their talents that adorned the kingdom.'—Is not that a wonderful fac-simile of our own present condition? But these circumstances produced revolution in France; what will they produce here! If they are allowed to continue they will produce the very same thing. The French historians assert, that had the cries of the people been listened to before they grew maddened with their miseries, there would have been reform instead of revolution, and their nation would have been spared the years of unexampled horror and self-laceration through which it had to wade. Now is the same saving crisis with us! The people, the most industrious of them in town and country, starve by tens of thousands, or lead a sort of half life in incessant labour, rags, and hunger. All parts of our social system call out for relief. The manufacturer, the farmer, equally complain; the agricultural labourers are reduced to a condition worse than serfdom—to a condition of unparalleled destitution; and in some districts gangs of them are driven to the field, as we learn from parliamentary reports, under gang-masters, and are lodged promiscuously like cattle—men, women, and children, in temporary booths, fitter for beasts than human beings. In many parts of this once happy country the agricultural labourers are getting but five and six shillings per week; while they are asked 8l. an acre for bits of land to set a few potatoes on."
The author of "The Mysteries of London" would not have his readers imagine him to be in favour of "physical force." No—we abhor war even with foreign powers; but no words are strong enough to express our loathing and abhorrence of the bare idea of that infernal scourge—a civil war. Another quotation from the work of John Hampden, Junior, will serve to express also our opinions on the point:—
"The neglect of the public interest it extends to the whole frightful mass of delegated taxation, under which the nation groans, even more heavily than under the direct national imposts. The reviewer justly remarks that the maxim of legislators is 'Every one for himself, and the public for us all!' But could this state of things possibly exist if Englishmen did their duty, if they resolved to do their own public business, as they do their private—to do it themselves, and not foolishly intrust to men who have shown themselves at once so incapable and so unworthy of trust in every respect? Is there any reason why the people of England, who conduct their commerce, their manufactures, their domestic trade and affairs so admirably, should not conduct the affairs of their government just as well if they were to set about it? Is there any reason that a man who guides a ship round the world, clear of rocks and breakers, should not as well help to steer the vessel of state? Why should not he who governs a steam-engine just as well govern or assist in governing a country? The great Oxenstiern, Chancellor of Sweden, said to his son, 'Mark, my son, with what a small stock of talent a nation may be governed.' But our aristocracy have for ages demonstrated that they do not even possess this 'small stock of talent,' or of as much honesty; and the remedy for the evils they have covered us with is as clear as the day-light:—The power must be wrested from them!' But how? By arms? No: Englishmen know too well the dangers of revolution: they have too much to lose; and they have too much humanity. The soil of England will not willingly drink in the blood of its children, as in the barbarous ages; the remedy is alike simple and conspicuous. It lies in one joint rising and stern demand of all and every class in the country. All—manufacturer and farmer, gentleman and ploughman, merchant and shop-man, artizan and labourer—all must combine, and with one dread voice, like another Cromwell, command the aristocrats to quit the people's house, and 'give place to better men.' This is the simple and sole remedy. A thousand evils are complained of. 'The whole head is sick and the whole heart is sore;' but 'The Great Root of All' is the usurpation of the Commons House of Parliament by the aristocracy. One party proclaims that the whole people is corrupted by the bribery of these patrician senators, and demand the universal franchise, and in that they demand the true and only remedy. But because some are for this, and some for that, and do not all join in the hearty rending shout for the FRANCHISE—that magic word in which lies the constitution—that cure for all bribery (for who can bribe thirty millions of people)—that guarantee for the steady maintenance of the constitution—for, once in the hands of the totality, the totality will never relinquish it again—they cry, but they cry in vain. Till we obtain the franchise we obtain nothing; when we obtain that we obtain every thing. Every petition, every demand, however stern or resolved, that asks for any thing short of the UNIVERSAL FRANCHISE, is the preparation of an absurdity, and the greatest of all absurdities. He is just as wise who asks short of this, as if he prayed the Pope to abolish the Catholic religion, or a Jew to give you all he is worth. The aristocracy have usurped the House of Commons—for what? Just for this very purpose—of resisting the proper demands of the people—of maintaining and perpetuating all the evils for whose removal you pray. It is true the people, combining on some great emergency—driven, as it were into this combination by some desperate pressure—may alarm the aristocracy into some individual concession, as in the case of the Reform Bill. But this is a stupendous exertion, a violent and convulsive sort of action in the political system, which wrests only, at the point of famine or national ruin, its own rights from the usurping party. Public opinion is said, in this country, to be the actual ruling power; but it is a fitful and irregular power. Like the Indian, or the boa-constrictor, it is aroused to action only by hunger or imminent impending danger; at the smallest return of ease it pauses; it becomes drowsy again, and the mischief goes on for another period. If public opinion really rules, it should lift itself to the necessary height of command, and do its work effectually. That would save us all much trouble. There is but one perfect permanent remedy—but one means of absolute cure for our perpetually recurring evils: We must have these usurpers out of the people's house, and rule in it ourselves! and this is to be done only by insisting on the franchise, the whole franchise, and nothing but the franchise."