Abbildungen der Seite


vour us with their opinion upon it. I the law is mentioned upon general prin have no doubt but you will think a few ciples, to be solemnly decided. Where pages of your very valuable publication so much uncertainty prevails in our law, advantageously occupied in a discussion it is impossible to say before-hand what so interesting to the cause of humanity. the law is upon any point. I shall pure Finsbury Square,

M. F. sue this subject in my next letter. July 11, 1812.



Sept. 18, 1812.
To the Editor of the Monthly Magazine.

To the Editor of the Monthly Magazine, DREVIOUS to the period at which

r the Court of Session was divided N a periodical work for the month of into two chambers, the public attention 1 July 1800, I read, to my great asto. was invited, in numerous tracts, to the nisbment, the following obituary notice, consideration of sereral amendments in “ In St. Andrew's workhouse died Mr. our Scotch law, Trial by jury formed Edinund IIodgson, eleven years short. the most permanent topic of consider- hand writer at the Old Bailey." By what ation; and, by the majority of classes in singular and to me who knew Mr. Hodge Scotland, it seemed to be generally son only by bis printed criminal trials) wished for. To that subject I shall draw unmerited chain of events, such a man your particular attention at some future came to die in a work house is an object period. At present I request the public not of idle curiosity, but of reasonable attention to the great uncertainty, and surprise. I will therefore esteem it a frequently manifest contradiction, which very particular favour, if any of your core prevails in the Scotch law. So long as respondents will favour the public, that evil continues, litigation is pro- through the medium of your Magazine, moted, for no advantage arises from pre- with any biographical anecdotes of him. cedent; the liberty of the subject be- Judging of bin by his works, I would comes gradually subverted, and the ex- pronounce him to have been a man of pence to a poor man, when compelled uncommon mierit and industry. He to vindicate bis right before a court of succeeded Mr. Joseph Gurney as shorte justice, is so great, that he is obliged to hand writer at the Old Bailey; and his abandon his right to escape a remedy details of the trials are apparently faithfor which he is not able to pay. Out of ful, accurate, and circumstantial; and his many instances, I shall select a special reports of the arguments of counsel, case from Mr. Maxwell Morison's Dic, when any question in law arose, are fully tionary of Decisions. It applies to the and correctly stated. lle made a grest effect of cautionary obligations, or to improvement on his predecessor's plan, those writs where one person becomes by giving the name of the counsel wha surety fur another. By the decision of interrogated or cross-examined the wite the court of Session, in the case of Wale nesses. And to this practice of his, Jace versus Wallace, November 25, eminent counsel, who now stand high 1782, Morison's Dictionary, page 17,056, in public estimation, most certainly one it was found that a cautionary engages much of their fame and celebrity; their ment in the form of a letter is not binde talents, by his publications, became ing. By another decision, in 1786, J, known and consequently rewarded. Edmonstone against Lang, Morison's De. This is a circumstance which also cisions, page 17,057, the spirit of the be- greatly augments my surprise, that the fore-mentioned judgment is adhered to, members of so learned and liberal a proand cautionary obligations, which wanted fession should suffer their benefactor to the statutable solemnities, are in general languish in poverty, and fually die in a found not to be valid. The court, it is workhouse. It is very true, that possibly stated in the last-mentioned report, con- he might have possessed, along with his sidered the foregoing point of law sos talents and industry, vices or failings Jemnly fixed. In another case, however, which rendered all such assistance of no - which was decided upon November 28, permanent avail; for an union of great

1794, Brown against Campbell, a letter, talents and great delecis, both in temper jingorting a cautionary obligacion, and not and morals, is unhappily not unfrequeot, written according to the statuiable 90. Savage and J. R. Forster are examples, lemnities, was found effectual; and the within the knowledge and reading of case against Lang is stated to be erro. most men, of such an unfortunate comneously decided; thoogle in Lang's case, bigation. But all this is conjecture, and I am most desirous that some person, ventured to recommend, will tend to rea whose personal kno:wledge enables him, solve this very important inquiry, which would be so kind as give us such infor- so well merits discussion, and opens a mation respecting him, as would clear up field for instructive criticism. M. this difficulty.

Biographical notices of this description to the Editor of the Monthly Magazine. . are both useful and pleasant; for eminent SIR, men, in their lives, often furnish both TT is enacted by the 5th Elizabeth, warnings and examples. Before I dis. chapter 4th, that all indentures, comiss him, I shall also observe, that, in venants, promises, and bargains, of op thise trials which possessed interest, he for the hiring, taking, or keeping, any apvery seldom omits the charge of the prentice otherwise than ly indenture for Jurige to the Jury, (a practice little ob the term of seven years, shall be void, and served by Mr. Gurney) which always that any person taking an apprentice affords much instruction and satisfaction contrary to the tenor of the act, shall be to the reader. Indeed, I have very often subject to a penalty of 101. The stawished to see a work in English, similar tule further enacts, that it shall not be to that of Monsieur D'Alembert's “ His. lawful for any person to set up, occupy, tory of the Members of the French Aca. use, or exercise, any craft, mystery, or demy," a publication replete with in. occupation, used or occupied in England struction, amusement, and the soundest or Wales at the time of the passing of the criticism. A history of those men who statute, unless he shall have been brought existed by their literary labours, would up therein seven years at the least as an gratify many readers of your Magazine; apprentice, nor to set any person to work and I do not know any more suitable in such mystery, art, or occupation, un. vehicle. I would have it confined to less he shall have served an apprenticeauthors of as modern a date as possible. ship of seven years. The penalty for It is not to be expected, that we ought to non-compliance with this latter part of hope to see a life drawn up as from the the statute is 40s. a month. philosophical pen of a D'Alembert or a The object of the stature may be cola Johnson. This would be unreasonable. lected from the preamble, which states. I shall take the liberty of mentioning a that, ifan uniform order were to be prefew names, so that any of your corre. scribed concerning apprentices, there is spondents, whose kuowledge enables hope that the same law, being duly exe. them, and “ honest desire of giving use. cuted, would banish idleness and advance ful pleasure" will stimulate them, may trade. To enable us to judge of the po. afford your readers a treat, by every licy of this statute, it is necessary that month filling up a page of your work with we should inquire whether it has that a communication so acceptable:-Mr. tendency which is professed to be its obStrickness ; Mr. M. Madan, author of ject. It may be laid down as a general Thelyphthora; Mr. and Mrs. Griffiths, principle that all legislative restrictions play and novel writers ; Dr. Forster and upon domestic industry are impolitic, his son, who circumnavigated the world and that trade never prospers to so great with Captain Cook; Mr. Ireland and an extent as when it is left to take its son); Monsieur D'Eon, &c. &c.

own course. Individuals will always diThe above naines are but a few of the rect their attention to that branch of bu. very numerous list of authors, whose lives siness which holds out the greatest prosand works might form part of a most in pect of profit. They are the best judges structive and amusing record. One part upon the subject, and, though their choice of the design of Mons. D'Alembert, in will be influenced by self-interest, the inhis book, was to determine the compa. terests of individuals are so far identified rative advantages and evils of the pro with the general interest of the commusession of literature; and although he has nity, that one can seldom be promoted furnished a list (not very numerous) of without the other. If therefore the stathose authors, whose works and talents tute of Elizabeth cannot be considered as have produced both fame and fortune; forming an exception to the general rule, yet we have a large catalogue indeed of it follows, as a necessary consequence, writers of eminence who have dier! in that it is an unjustibable infringement extreme wretchedness, and been buried upon natural liberty, and that it ought at the expense of their friends or the not to be encouraged. parish. The work which I have just now The statute appears from its preamble

to have a double object, the promotion that attachment without going through of industry and the prevention of unskil the drudgery of a second apprenticeship? fulness; with respect to the encourage. We will now consider how far long apment afforded by the statute to industry, prenticeships tend to prevent unskiltalit may be observed that a journeyman ness, premising, by the bye, that unis more likely to be industrious than an skilful workmen are rarely prosecuted apprentice, because he derives a more under the statute of Elizabeth, which is immediate profit from his labour; at all almost invariably directed against persons events, long apprenticeships tend to the whose abilities render them obnoxious to introduction of idleness. A young man their competitors. Arts which in their bound for a short term, knowing that he infancy could not be learnt without bas not any time to lose, and that at the great application, are now taught with end of his apprenticeship he shall be at facility. Times are much altered since liberty to work as a journeyman for his the reign of Queen Elizabeth. The own emolument, may reasonably be ex- improvements which have taken place pected to apply himseli assiduously to in mechanism of every description must learn the trade to which he is bound. lessen the labour of an apprenuce most A young man, on the contrary, bound for materially. Is it probable that a mas. a long terin, and having no early prospect ter would cmploy an unexperienced of profit before him, may as reasonably workman? Would not a due regard be expected to be negligent in his atten. to his own interest prevent him from tion to a business of which he is aware committing such an act of folly? The that he can obtain a sufficient knowledge choice of workmen may surely be left in half the time for which he is bound to the discretion of their employers, to it: an idle disposition is not easily era. The affected anxiety of the legislature to dicated, and there cannot be a doubt prevent the employment of unskilful that long apprenticeships have been the workinen is both impertinent and oppres. ruin of numbers, who might otherwise sive. Their interference to prevent the have become valuable members of so- sale of articles which have been ill maciety. The statute of Elizabeth, so far nufactured is equally unnecessary. Perfrom having a tendency to prevent idle- sous who sell articles of this description ness, is, in fact, a restraint upon indus. will be sufficiently punished by being de. try, by precluding persons who have not prived of the future custom of the purbeen so fortunate as to serve a regular chasers ; bad work is more frequently the apprenticeship from applying themselves effect of fraud than ignorance, and to any business whatever, and by pre- against fiaud long apprenticeships alford venting persons, who have served an ap. no protection. The statute of Elizabeth prenticeship to one business, from chang. tends to increase the price of articles, fir ing that business for another which pro. which there is an unusual demand, by unises to be inore profitable.

confining the manufacture of such artie It is an undisputed fact, that some of cles to hands who are unable to satisfy the greatest niechanical geniuses of the wants of the public. wliich this kingdom can boast, have not This statute is also objectionable on been brought up to the businesses in account of the encouragement which it which they have (xcelled. Of this we affords to combinations. These illegal have a striking instance in Mr. Harrison, associations have almost universally for the inventor of the famous time-pieces their object the controul of masters in which were the subject of pecuniary re- the employment of persons not baving compeuce from Parliament. Why then served a regular apprenticeship. Were Coinpel a man to follow a business for every man at liberty to work at what which he has no inclination, and deprive trade he pleased, wages would soon find the country of his services in a line which their own level, and there would cease he is likely to bring to perfection? We to be any inducement to coinbinations, should recollect that youths are usually or at all events the master would hare bound to trades selected by their parents, it in his power to counteract the object before the turn of the apprentice's mind of them, by employing other persons bas bad tiine to develope itself. Is it who inight be satisfied with the wages he 1101, therefore, most unreasonable that, thought fit to give. Actions, upon the when the apprentice discovers a fixed statute of Elizabeth, are, with a few exattachment to some other business, heceptions, brought by workmen in supe should not be allowed to avail himself of port of combinations. It is therefore

highly desirable that workmen should be is presumable that this gentleman's suge beaten out of this strong hold,

gestions, maintained by professional exAgainst the general policy of the sta- perience and the evidence of facts, will tute of Elizabeth, there are many most bave met with the warm and patriotic respectable opinions. Dr. Adam Smith, concurrence of the enlightened coinmisin particular, calls it, what it has been sioners of the navy. Not doubting, already styled, an encroachment upon therefore, that the alterations proposed natural liberty, without producing any by Mr. Pering will be adopted by them, benencial result to the community. The and thus effectually strengthen the woodpatrunovy of a poor man, says Dr. en walls of old England, and animated Smith, lies in the strength and dexterity by a sincere regard for the interest of of liis hands. To hinder him from ein- individuals, I beg to recommend Mr. ploying that strength and dexterity, in Pering's pamphlet to the perusal of your what manner he thinks proper, without readers. For, sir, it is a crite and true injury to his neighbours, is, as Dr. Smith maxim, that whilst the grass grows tlie contends, a plain violation of his most horse starves; wbilst the navy is bene. sacred property.

fiting by the discoveries alluded to, merLord Mansfield, in a case upon this chant vessels may continue to be constatute, calls it a Penal Law in Restraint structed on an uniinproved system, and of Natural Right; and adds, that the thus all the advantages of Mr. Pering's policy on which the statute was made, invaluable plan be, for a tiine, lost to has from experience become very doubtthe ship owner. ful. Other judges have said, that no Among other important information, encouragement ought to be given to the Mr. Pering recommends : statute, and that it would be for the com- 1st. That copper nails be substituted mon good if it were repealed.

for tree-nails. The courts uniformly set their faces 2dly. That the bolts of knees and against actions upon the statute, and hooks, and the nails, of decks should be they have even gone so far as to permit a copper; by the use of wluch the whole, service of seven years to be made out by particularly the decks, would last as months, or, if necessary, by weeks. It long again. will also be recollected, that no costs are 3dly. That the covering of the sheds allowed in actions upon this statute, and under which the ships are built, to be that such actions have no retrospect be kept dry whilse buildiny, be of copper, yond a year. When thoroughly inves. The above named gemilanan boulosi, tigated, the statute of Elizabeth does not ere long, to see the use of copper tosa appear to have a tendency to promoie tenings generally extended in our incre either of the objects professed by its pre- chant vessels, as well as to our ships of amble; it does not, in my opinion, forin war; stating his opinion, that no treean exception to the general rule; and ( nail should, on any account, be used, conceive, that it is therefore impolitie, but that the works should be fastened by and ought to be discountenanced: in. copper alone, whenever it be practia deed, I was much surprized to see, froin cable-110t with iron, the rust of which an advertisement a lew days ago, that it is certain destruction to all wood, partiwas in contemplation to apply to Par- cularly in salt water, Mr. P. answers liament for an extension of the provisions erery objection on the score of expence, of a statute, in justification of which so in page 27 of his painphlet. little can be advanced.

I may mention, in addition to these re. Manchester.

MUDESTUS. marks, that our anchors, wich, by free.

quently breaking, endanger cargo, ship, To the Edilor of the Alonthly Magasine, and crew, causing besides a heavy loss SIR,

in themselves, might be rendered in. VOU will probably render an impor- comparably stronger and safer by sube

1 tant service to the country, by in- stituting copper, or a proper mixture of Serting in your respectable Magazine, the copper, for iron. The first cost would, I following notice of a work entitled, A grant, be more; but, if to be weighed in brief Enquiry into the premature Decay the balance with the lives of British seain our Wooden Bulwarks, with an exa- men, and niuch valuable property, let mination of the meang best calculated it be rernembered that old copper seils to prolong their duration; by Richard for nearly its original price, and that an Pering, Esq. Clerk of the Cheque of his old iron anchor would command a com. alajesty's Duck-Yard at Plymouth. It paratively, trilling sum. It may, “pere


.baps, even without impropriety be as. some other modern works; but the first seried, that, when our underwriters and writer who seems to have noticed that ship.owners are experiencing almost the smaller gults are persecuted by the daily losses; when the inestimable lives Jarger, for the purpose of making iten of our gallant defenders, Briush seamen, disgurge, is Mr. Montagn. Hasile and occasionally of British soldiers, are Observer consulted the Ornithological at stake, legislative compulsion humanely Dictionary he would have found the sulm exerted, as in this instance it would un. ject explained under the article Gril doubtedly be, in the promotion of na- Aronic.. tional security and happiness, conjoined from the size of the bird mentioned with individual interest and prosperity, by the Observer, we may conclude it would be neither unjusi nor unconstitue was the Skua, not the Arctic Gull, which tional.

be noticed.

PHYSICIS. Whether our walis he of wood, iron, Cornwall, Norember 15, 1812. or biass, is of small importance, provided they are efficient; and that the murns To the Editor of the Alonthly Vagasin. ahenpus esto may be either substantially SIR, or figuratively applicable to our vier AS individual economy has now be. chants and our ministers, to those who A come a public as well as a prirate wisely govern, and to those who are ably duty, should any of your agricultural protected, is, sir, the ardent desire of correspondente favour your rcaders wib Nov 10, 1812. NAUCLERUS. a clear and brief description of the best

method of cultivating potatoes, on a To the Edilor of the Monthly Magazine. small scale; many who have gardens SIR,

small enclosures might be induced to UN your Magazine for October last, a raise this now valuable root; and mart

1 person signing hinself An Observer, tradesınen who find leisure to cultivare selaies a circumstance that frequently howers, weeds, &c.; and would, from occurred while he was on the south coast the present high price of necessaries, of Ireland. A bird, about the size of a fund profit as well as pleasure in this en small gouse, was observed to pursue the ployment,

J. M. FLISDAIL. smaller gulls, and that, when an indivi. November 15, 1812. dual was chased and persecuted vill it was nearly exhausted, it emited its ex- To the Editor of the Monthly Magazine, crements, which the persecutor with SIR, great dexterity caught before it reached DERMIT me to ask, through the me the water. The Observer wishes to be I dium of your very useful Magazine, informed what is the species of bird whether there is any establishment in the whose habit is so curious.

neighbourhood of London similar to the Many of the older naturalists make late Albion Corn Mills. If there is not, mention of the circumstance, and, as whether an establishment of that nature well as Linnæus, considered it to be the would not be of more real use to the habit of more than one species of the community than the erection of so many same gemus. Even more modern wrie Water Companies? As to the profits, I ters have been equally deceived in sup- should think they would be much greater, posing it was for the sake of the excre- the command of the money of a joint ments that the larger gulls persecuted stock would enable them to purchas the smaller.

corn in distant parts of the country, The sea eagle, Falco Ossifragus, (where it is much cheaper than a warchesthe osprev, Falco Haliatus, and, London,) to grind it at their own mill, when it is observed to take a fists, it is and retail it to the London bakers at a pursued by the eagle until the osprey price much below what it is now kept up drops the treasure, which is most dex- in. Their publishing weekly the quantity terously caught by the former. In a si. they sell actually would tend in some de milar wanner, Larus Cataractes and Pa- gree to render ihe weekly returns to the rasiticus, (the last of which has been mealweighers a little more correct than called Dung-hanks) persecute che lesser at present they are.

R. K. gulls, in order to compelthem to disgorge the fish which they had recently swallowed.

If the Obseves will again turn to Ilie Observer inight bave found the cir- vel ii. of Bewick's British Birds, he will find cumstance mentioned in Pennant's Brie the subject mentioned in the history of both tish Zoology, Lathan's Synopsis, and the Alctic and Black.coed Gulls.

« ZurückWeiter »