WEBVTT

NOTE The New Toryism

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The Man vs. the State by Herbert Spencer

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The New Toryism Most of those who now pass as liberals are

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Tories of a new type. This is a paradox which I propose to justify. That I may justify it,

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I must point out first what the two political parties originally were, and I must then ask

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Dating back to an earlier period than their names, the two political parties at first

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stood respectively for two opposed types of social organization, broadly distinguishable

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If, instead of using the word cooperation in a limited sense, we use it in its widest sense

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The typical structure of the one we see in the army formed of conscripts, in which the

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units in their several grades have to fulfil commands on the pain of death and receive

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with food and clothing and pay arbitrarily apportioned.

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While the typical structure of the other we see in a body of producers or distributors

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who severally agree to specified payments and return for specified services and may

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at will, after due notice, leave the organization if they do not like it.

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During social evolution in England, the distinction between these two fundamentally opposed forms

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The truth is familiar that, here as elsewhere, it was habitually by town populations, formed

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of workers and traders accustomed to cooperate under contract, that resistances were made

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to that coercive rule which characterizes cooperation under status.

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While conversely, cooperation under status arising from and adjusted to chronic warfare

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was supported in rural districts, originally peopled by military chiefs and their dependents,

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where the primitive ideas and traditions survived.

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Moreover, this contrast in political leanings, shown before Whig and Tory principles became

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and clearly distinguished, continued to be shown afterwards.

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At the period of the Revolution, while the villages and smaller towns were monopolized

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by Tories, the larger cities and manufacturing districts and the ports of commerce formed

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the stronghold of the Liberals.

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And that, in spite of exceptions, the like general relation still exists, needs no proving.

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Such were the natures of the two parties as indicated by their origins. Observe now how

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their natures were indicated by their early doctrines and deeds. Whiggism began with resistance

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to Charles II and his cabal in their efforts to re-establish unchecked monarchical power.

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The Whigs regarded the monarchy as a civil institution established by the nation for

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for the benefit of all its members. While the Tories, the monarch was the delegate

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of heaven. And these doctrines involved the beliefs, the one that subjection of citizen

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to ruler was conditional, and the other that it was unconditional. Describing Whig and

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Tory as conceived at the end of the seventeenth century, some fifty years before he wrote

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The Power and Majesty of the People and Original Contracts, the Authority and Independency

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of Parliaments, Liberty, Resistance, Exclusion, Abdication, Deposition. These were ideas associated

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at that time to the idea of a Whig, and supposed by every Whig to be incommunicable and inconsistent

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with the Idea of a Tory Divine, hereditary, indefeasible, right,

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lineal succession, passive obedience, prerogative, non-resistance, slavery, nay, and sometimes

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potpourri too, were associated in many minds to the idea of a Tory, and deemed incommunicable

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and inconsistent in the same manner with the idea of a Whig.

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Dissertation on Parties, page 5 And if we compare these descriptions, we

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We see that in the one party there was a desire to resist and decrease the coercive power

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of the ruler over the subject, and in the other party to maintain or increase his coercive

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power. This distinction in their aims, a distinction which transcends in meaning and importance

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all other political distinctions, was displayed in their early doings.

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Weak principles were exemplified in the heaviest corpus act and in the measure by which judges

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were made independent of the Crown, in defeat of the Non-Resisting Test Bill, which proposed

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for legislators and officials a compulsory oath that they would in no case resist the

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King by Arms, and later they were exemplified in the Bill of Rights, framed to secure subjects

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against monarchical aggressions. These acts had the same intrinsic nature. The principle

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The principle of compulsory cooperation throughout social life was weakened by them, and the

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principle of voluntary cooperation strengthened. That, at a subsequent period, the policy of

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the party had the same general tendency, is well shown by a remark of Mr. Green concerning

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the period of weak power after the death of Anne.

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Before the fifty years of their rule had passed, Englishmen had forgotten that it was possible

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or to persecute for differences of religion, or to put down the liberty of the press, or

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to tamper with the administration of justice, or to rule without a parliament.

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Short History, p.705

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And now, passing over the war period which closed the last century and began this, during

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which that extension of individual freedom previously gained was lost, and the retrograde

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movement towards the social type proper to militancy was shown by all kinds of coercive

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measures, from those which took by force the persons and property of citizens for war purposes

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to those which suppressed public meetings and sought to gag the press, let us recall

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the general characters of these changes effected by Whigs or liberals after the re-establishment

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of peace permitted revival of the industrial regime and return to its appropriate type

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Under growing Whig influence, there came repeal of the laws forbidding combinations among artisans, as well as of those which interfered with their freedom of travelling. There was the measure by which, under Whig pressure, dissenters were allowed to believe as they pleased without suffering certain civil penalties. And there was the Whig measure, carried out by Tories under compulsion, which enabled Catholics to profess their religion without losing part of their freedom.

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The idea of liberty was extended by acts which forbade the buying of Negroes and the holding

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of them in bondage. The East India Company's monopoly was abolished and trade with the

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East made open to all. The political serfdom of the unrepresented was narrowed in areas

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both by the Reform Bill and the Municipal Reform Bill, so that alike generally and locally,

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The many were less under the coercion of the few.

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Dissenters, no longer obliged to submit to the ecclesiastical form of marriage, were

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made free to wed by a purely civil right.

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Later came diminution and removal of restraints on the buying of foreign commodities and the

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employment of foreign vessels and foreign sailors, and later still the removal of those burdens

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on the press, which were originally imposed to hinder the diffusion of opinion.

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And of all these changes, it is unquestionable that, whether made or not by liberals themselves,

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they were made in conformity with principles professed and urged by liberals.

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But why do I enumerate facts so well known to us all?

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Simply because, as intimated at the outset, it seems needful to remind everybody what

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liberalism was in the past, that they may perceive its unlikeliness to the so-called

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Liberalism of the present. It would be inexcusable to name these various measures for the purposes

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of pointing out the character common to them, were it not that in our day men have forgotten

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their common character. They do not remember that, in one way or another, all these truly

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liberal changes diminished compulsory cooperation throughout social life and increased voluntary

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Cooperation.

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They have forgotten that, in one direction or other, they diminished the range of governmental

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authority and increased the area within which each citizen may act unchecked.

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They have lost sight of the truth that in past times liberalism habitually stood for

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individual freedom versus state coercion.

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And now comes the inquiry.

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How is it that liberals have lost sight of this?

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How is it that liberalism, getting more and more into power, has grown more and more coercive

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in its legislation? How is it that either directly through its own majorities or indirectly

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through aid given in such cases to the majorities of its opponents, liberalism has to an increasing

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extent adopted the policy of dictating the actions of citizens and, by consequence, diminishing

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the range throughout which their actions remain free?

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How are we to explain this spreading confusion of thought which has led it in pursuit of

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what appears to be public good to invert the method by which in earlier days it achieved

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public good? Unaccountable as at first sight this unconscious change of policy seems, we

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shall find it has arisen quite naturally. Given the unanalytical thought ordinarily

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From the lowest to the highest creatures, intelligence progressive by acts of discrimination, and it continues so to progress, among men, from the most ignorant to the most cultured. To class rightly, to put in the same

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In the same group, things which are of essentially the same natures, and in other groups things of natures essentially different, is the fundamental condition to right guidance of actions.

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Beginning with rudimentary vision, which gives warning that some large opaque body is passing near, just as closed eyes turn to the window, perceiving the shade caused by a hand put before them tellers of something moving in front.

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The advance is to developed vision, which, by exactly appreciated combinations of forms,

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colors and motions, identifies objects at great distances as prey or enemies, and so

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makes it possible to improve the adjustments of conduct for securing food or evading death.

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That progressing perception of differences and consequent greater correctness of classing

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constitutes under one of its chief aspects the growth of intelligence, is equally seen

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Undeveloped Intellectual Vision is just as indiscriminating and erroneous in its classings

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Shelfish and under the sub-name Shelfish puts together crustaceans and mollusks, nay, which

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goes further and regards as fish the cetacean mammals.

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Partly because of the likeness in their modes of life as inhabiting the water, and partly

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because of some general resemblance in their flavours, creatures that are in their essential

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natures far more widely separated than a fish is from a bird, are associated in the same

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Now, the general truth thus exemplified holds throughout those higher ranges of intellectual

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vision concerned with things not presentable to the senses and, among others, such things

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as political institutions and political measures. For, when thinking of these two, the results

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of inadequate intellectual faculty, or inadequate culture of it, or both, are erroneous classings

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and Consequent Erroneous Conclusions. Indeed, the liability to error is here much greater,

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since the things with which the intellect is concerned do not admit of examination in

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the same easy way. You cannot touch or see a political institution. It can be known only

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by an effort of constructive imagination. Neither can you apprehend by physical perception

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In a political measure, this no less requires a process of mental representation by which

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its elements are put together in thought and the essential nature of the combination conceived.

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Here, therefore, still more than in the cases above named, defective intellectual vision

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is shown in grouping by external characters or extrinsic circumstances. How institutions

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are wrongly classed from this cause, we see in the common notion that the Roman Republic

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was a popular form of government. Look into the early days of the French revolutionists

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who aimed at an ideal state of freedom, and you find that the political forms and deeds

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of the Romans were their models, and even now a historian might be named who instances

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the corruption of the Roman Republic as showing us what popular government leads to. Yet the

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The resemblance between the institutions of the Romans and free institutions properly

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so called was less than between a shark and a porpoise, as a resemblance of general external

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form accompanying widely different internal structures. For the Roman government was that

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of a small oligarchy within a larger oligarchy, the members of each being unchecked autocrats.

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A society in which the relatively few men who had political power and were in a qualified

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sense free were so many petty despots, holding not only slaves and dependents, but even children

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in a bondage no less absolute than that in which they held their cattle, was, by its

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intrinsic nature, more nearly allied to an ordinary despotism than to a society of citizens

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politically equal.

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According now to our special question, we may understand the kind of confusion in which

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liberalism has lost itself, and the origin of those mistaken classings of political measures

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which have misled it, classings as we shall see by conspicuous external traits instead

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of by internal measures. For what in the popular apprehension and in the apprehension of those

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One of the factors who affected them were the changes made by liberals in the past.

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They were abolitions of grievances suffered by the people, or by portions of them.

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This was the common trait they had which most impressed itself on men's minds.

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They were mitigations of evil which had directly or indirectly been felt by large classes of

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of Citizens as Causes to Misery or as Hindrances to Happinesses.

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And since, in the minds of most, a rectified evil is equivalent to an achieved good, these

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measures came to be thought of as so many positive benefits, and the welfare of the

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many came to be conceived alike by liberal statesmen and liberal voters as the aim of

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liberalism.

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Hence the confusion. The gaining of a popular good, being the external conspicuous trait

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common to liberal measures in earlier days, then in each case gained by a relaxation of

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restraints, it has happened that popular good has come to be sought by liberals not as an

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end to be indirectly gained by relaxations of restraints, but as the end to be directly

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And now, having seen how this reversal of policy has arisen, or partial reversal, I

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should say, for the recent Burials Act and the effort to remove all remaining religious

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inequalities show continuance of the original policy in certain directions, let us proceed

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to contemplate the extent to which it has been carried during recent times, and the

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still greater extent to which the future will see it carried if current ideas and feelings

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continue to predominate.

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Before proceeding, it may be well to say that no reflections are intended on the motives

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which prompted one after another of these various restraints and dictations. These motives

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were doubtless, in nearly all cases, good. It must be admitted that the restrictions

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placed by an Act of 1870 on the employment of women and children in Turkey-red dying

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works were, in intention, no less philanthropic than those of Edward VI, which prescribed

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the minimum time for which a journeyman should be retained.

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Without question, the Seed Supply Ireland Act of 1880, which empowered guardians to

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to buy seed for poor tenants, and then to see it properly planted, was moved by a desire

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for public welfare no less great than that which in 1533 prescribed the number of sheep

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a tenant might keep, or that of 1597 which commanded that decayed houses of husbandry

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should be rebuilt.

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Nobody will dispute that the various measures of late years taken for restricting the sale

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have been taken as much with a view to public morals as were the measures taken of old for checking the evils of luxury, as for existence in the fourteenth century when diet as well as dress was restricted.

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Everyone must see that the edicts issued by Henry VIII to prevent the lower classes from

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playing dice, cards, bowls, etc., were not more prompted by desire for popular welfare

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than were the acts passed of late to check gambling. Further, I do not intend here to

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question the wisdom of these modern interferences which conservatives and liberals vie with

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We will not now consider whether the plans of late adopted for preserving the lives of sailors are, or are not, more judicious than sweeping scotch-measure which, in the middle of the 15th century, prohibited captains from leaving harbour during the winter.

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We will assume that there is no less sense in that clause of the Canal Boat Act, which

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Which forbids an owner to board gratuitously the children of the boatman than there was

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in the Spitalfields Act which, up till 1824, for the benefit of the artisans, forbade the

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manufacturers to fix their factories more than ten miles from the royal exchange.

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We exclude then these questions of philanthropic motive and wise judgment, taking both of them

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for granted, and have here to concern ourselves solely with the compulsory nature of the measures

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To bring the illustrations within Compass, let us commence with 1860, under the second

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administration of Lord Palmerston. In that year, the restrictions of the Factories Act

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were extended to bleaching and dyeing works. Authority was given to provide analysts of

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There was an act providing for inspection of gasworks, as well as for fixing quality of gas and limiting price. There was the act which, in addition to further mine inspection, made it penal to employ boys under 12 not attending school and unable to read and write.

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In 1861 occurred an extension of the compulsory provisions of the Factory Act to laceworks.

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Power was given to pool or guardians, etc., to enforce vaccination. Local boards were

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authorized to fix rates of hire for horses, ponies, mules, asses and boats, and certain

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locally formed bodies had given to them powers of taxing the locality for rural drainage

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and Irrigation Works and for Supplying Water to Cattle.

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In 1862, an Act was passed for restricting the employment of women and children in open

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air bleaching, and an Act for making illegal a coal mine with a single shaft, or with shafts

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separated by less than a specified space, as well as an Act giving the Council of Medical

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Education the exclusive right to publish a pharmacopoeia, the price of which is to be

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In 1863 came the extension of compulsory vaccination to Scotland and also to Ireland. There came

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the empowering of certain boards to borrow money repayable from the local rates, to employ

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and to pay those out of work. There came the authorizing of town authorities to take possession

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of neglected ornamental spaces and rate the inhabitants for their support. There came

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and the Bake Houses Regulation Act, which, besides specifying minimal age of employees

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occupied between certain hours, prescribed periodical lime washing, three coats of paint

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when painted, and cleaning with hot water and soap at least once in six months. And

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there came also an Act giving a magistrate authority to decide on the wholesomeness or

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unwholesomeness of food brought before him by an inspector. Of compulsory legislation

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and dating from 1864, may be named an extension of the Factories Act to various additional

213
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trades, including regulations for cleansing and ventilation, and specifying of certain

214
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employees in match works, but they might not take meals on the premises except in the wood

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cutting places. Also, they were passed a Chimney Sweepers Act, an act for further regulating

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the sale of beer in Ireland, an act for compulsory testing of cables and anchors, an act extending

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in the Public Works Act of 1863 and the Contagious Diseases Act, which last gave the police in

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specified places powers which, in respect of certain classes of women, abolished sundry

219
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of those safeguards to individual freedom established in past times. The year 1865 witnessed

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further provision for the reception and temporary relief of wanderers at the cost of rate payers,

221
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Another Public House Closing Act and an Act Making Compulsory Regulations for Extinguishing

222
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Fires in London. Then, under the Ministry of Lord John Russell in 1866, have to be named

223
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an Act to regulate cattle sheds etc. in Scotland, giving local authorities power to inspect

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sanitary conditions and fix the numbers of cattle, an Act forcing hop growers to label

225
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their bags with the year and place of growth and the true weight, and giving police powers

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of Search, an Act to facilitate the building of lodging houses in Ireland and providing

227
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for regulation of the inmates, a Public Health Act under which there is regulation of lodging

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houses and limitation of occupants with inspection and directions for lime washing, etc., and

229
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a Public Libraries Act giving local powers by which a majority can tax a minority for

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their books.

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Passing now to the legislation under the first ministry of Mr. Gladstone, we have in 1869

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the establishment of state telegraphy, with the accompanying interdict on telegraphing

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through any other agency. We have the empowering a Secretary of State to regulate hired convences

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in London. We have further and more stringent regulations to prevent cattle diseases from

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spreading, another Beer House Regulation Act and a Seabirds Preservation Act ensuring

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and Greater Mortality of Fish. In 1870, we have a law authorizing the Board of Public

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Works to make advances for landlords' improvements and for purchase by tenants. We have the Act

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which enables the Education Department to form school boards which shall purchase sites

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00:27:44.620 --> 00:27:50.900
for schools and may provide free schools supported by local rates, and enabling school boards

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00:27:50.900 --> 00:27:57.380
to pay a child's fees, to compel parents to send their children, etc.

241
00:27:57.380 --> 00:28:02.220
We have a further Factories and Workshops Act, making, among other restrictions, some

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on the employment of women and children in fruit-preserving and fish-curing works.

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In 1871, we met with an amended Merchant Shipping Act, directing officers of the Board of Trade

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to record the draft of seagoing vessels leaving port.

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There is another Factory and Workshops Act, making further restrictions. There is a Peddlers

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00:28:23.760 --> 00:28:29.480
Act, inflicting penalties for hawking without a certificate, and limiting the district within

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which the certificate holds, as well as giving the police power to search peddlers' packs.

248
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And there are further measures for enforcing vaccination. The year 1872 had, among other

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The act is one which makes it illegal to take for hire more than one child to nurse unless

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00:28:48.800 --> 00:28:55.120
in a house registered by the authorities who prescribe the number of infants to be received.

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00:28:55.120 --> 00:29:01.180
It had a licensing act interdicting sale of spirits to those apparently under 16 and it

252
00:29:01.180 --> 00:29:07.520
had another merchant shipping act establishing an annual survey of passenger steamers.

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00:29:07.520 --> 00:29:13.440
One in 1873 was passed the Agricultural Children's Act, which makes it penal for a farmer to

254
00:29:13.440 --> 00:29:19.000
employ a child who has neither certificate of elementary education nor of certain prescribed

255
00:29:19.000 --> 00:29:25.560
school attendances. There was passed a Merchant Shipping Act requiring on each vessel a scale

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00:29:25.560 --> 00:29:30.560
showing draft and giving the Board of Trade power to fix the number of boats and life-saving

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appliances to be carried.

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We turn now to liberal lawmaking under the present ministry. We have, in 1880, a law

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00:29:39.360 --> 00:29:44.880
which forbids conditional advance notes in payment of sailors' wages, also a law which

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00:29:44.880 --> 00:29:50.660
dictates certain arrangements for the safe carriage of grain cargos, also a law increasing

261
00:29:50.660 --> 00:29:57.580
local coercion over parents to send their children to school. In 1881 comes legislation

262
00:29:57.580 --> 00:30:03.020
to prevent trawling over clam beds and bait beds, and an interdict making it impossible

263
00:30:03.020 --> 00:30:13.340
In 1882, the Board of Trade was authorized to grant licenses to generate and sell electricity,

264
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and municipal bodies were enabled to levy rates for electric lighting. Further exemptions

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00:30:18.660 --> 00:30:24.860
from ratepayers were authorized for facilitating more accessible baths and wash houses, and

266
00:30:24.860 --> 00:30:30.020
local authorities were empowered to make bylaws for securing the decent lodging of persons

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00:30:30.020 --> 00:30:54.020
of such legislation during 1883 may be named the Cheap Trains Act, which, partly by taxing the nation to the extent of £400,000 a year, in the shape of relinquished passenger duty, and partly at the cost of railway proprietors, still further cheapens travelling for workmen.

268
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The Board of Trade, through the Railway Commissioners, being empowered to ensure sufficiently good

269
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and frequent accommodation. Again, there is the Act, which, under the penalty of £10

270
00:31:05.540 --> 00:31:11.620
for disobedience, forbids the payment of wages to workmen at or within public houses. There

271
00:31:11.620 --> 00:31:17.340
is another, Factory and Workshops Act, commanding inspection of white leadworks, to see that

272
00:31:17.340 --> 00:31:24.340
that there are provided overalls, respirators, baths, assiduated drinks, etc.

273
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and of bakehouses regulating times of employment in both, and prescribing in detail some constructions

274
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for the last, which are to be kept in a condition satisfactory to the inspectors.

275
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But we are far from forming an adequate conception if we look only at the compulsory legislation

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in which has actually been established of late years.

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We must look also at that which is advocated and which threatens to be far more sweeping

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00:31:52.180 --> 00:31:55.700
in range and stringent in character.

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We have lately had a cabinet minister, one of the most advanced liberals, so called,

280
00:32:00.580 --> 00:32:05.780
who poo-poos the plans of the late government for improving industrial dwellings as so much

281
00:32:05.780 --> 00:32:12.420
tinkering, and contends for effectual coercion to be exercised over owners of small houses,

282
00:32:12.420 --> 00:32:16.060
over landowners and over ratepayers.

283
00:32:16.060 --> 00:32:20.060
Here is another cabinet minister who, addressing his constituents,

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00:32:20.060 --> 00:32:23.980
speaks slightingly of the doings of philanthropic societies and religious

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00:32:23.980 --> 00:32:25.820
bodies to help the poor,

286
00:32:25.820 --> 00:32:29.940
and says that the whole of the people of this country ought to look upon this

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00:32:29.940 --> 00:32:32.420
work as being their own work.

288
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That is to say, some extensive government measure is called for.

289
00:32:38.580 --> 00:32:43.660
Again, we have a radical Member of Parliament who leads a large and powerful body, aiming

290
00:32:43.660 --> 00:32:50.180
with annually increasing promises of success, to enforce sobriety by giving a local magistrate

291
00:32:50.180 --> 00:32:56.660
powers to prevent freedom of exchange in respect of certain commodities. Regulation of the

292
00:32:56.660 --> 00:33:01.620
hours of labour for certain classes, which has been made more and more general by successive

293
00:33:01.620 --> 00:33:07.420
extensions of the Factories Act, is likely now to be made still more general. A measure

294
00:33:07.420 --> 00:33:13.140
There is to be proposed bringing the employees in all shops under such regulation.

295
00:33:13.140 --> 00:33:18.780
There is a rising demand, too, that education shall be made gratis, i.e., tax-supported,

296
00:33:18.780 --> 00:33:20.340
for all.

297
00:33:20.340 --> 00:33:24.460
The payment of school fees is beginning to be denounced as a wrong.

298
00:33:24.460 --> 00:33:27.060
The State must take the whole burden.

299
00:33:27.060 --> 00:33:32.380
Moreover, it is proposed by many that the State, regarded as an undoubtedly competent

300
00:33:32.380 --> 00:33:52.380
The first judge of what constitutes good education for the poor shall undertake also to prescribe good education for the middle classes, shall stamp the children of these too after a state pattern concerning the goodness of which they have no more doubt than that the Chinese had when they fixed theirs.

301
00:33:52.380 --> 00:33:57.480
is the endowment of research of late energetically urged.

302
00:33:57.480 --> 00:34:02.620
Already the government gives every year the sum of £4,000 for this purpose to be distributed

303
00:34:02.620 --> 00:34:08.020
through the Royal Society, and, in the absence of those who have strong motives for resisting

304
00:34:08.020 --> 00:34:13.460
the pressure of the interested, backed by those they easily persuade, it may by and

305
00:34:13.460 --> 00:34:21.580
by establish that paid priesthood of science long ago advocated by Sir David Brewster.

306
00:34:21.580 --> 00:34:26.500
Once more, plausible proposals are made that there should be organized a system of compulsory

307
00:34:26.500 --> 00:34:31.940
insurance by which men during their early lives shall be forced to provide for the time

308
00:34:31.940 --> 00:34:35.380
when they will be incapacitated.

309
00:34:35.380 --> 00:34:40.780
Nor does enumeration of these further measures of coercive rule, looming on us near at hand

310
00:34:40.780 --> 00:34:44.020
or in the distance, complete the account.

311
00:34:44.020 --> 00:34:48.460
Nothing more than cursory allusion has yet been made to that accompanying compulsion

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00:34:48.460 --> 00:34:54.260
which takes the form of increased taxation, general and local, partly for defraying the

313
00:34:54.260 --> 00:34:59.740
costs of carrying out these ever-multiplying sets of regulations, each of which requires

314
00:34:59.740 --> 00:35:05.540
an additional staff of officers, and partly to meet the outlay for new public institutions

315
00:35:05.540 --> 00:35:11.420
such as board schools, free libraries, public museums, baths and wash houses, recreation

316
00:35:11.420 --> 00:35:13.380
grounds etc.

317
00:35:13.380 --> 00:35:18.940
Federal rates are year after year increased, as the general taxation is increased by grants

318
00:35:18.940 --> 00:35:25.380
for education and to the departments of science and art, etc. Every one of these involves

319
00:35:25.380 --> 00:35:31.340
further coercion, restricts still more the freedom of the citizen, for the implied address

320
00:35:31.340 --> 00:35:37.180
accompanying every additional exaction is, hitherto you have been free to spend this

321
00:35:37.180 --> 00:35:41.980
portion of your earnings in any way which pleased you, hereafter you shall not be free

322
00:35:41.980 --> 00:35:53.140
Thus, either directly or indirectly, and in most cases both at once, the citizen is at

323
00:35:53.140 --> 00:35:58.380
each further stage in the growth of this compulsory legislation deprived of some liberty which

324
00:35:58.380 --> 00:36:01.460
he previously had.

325
00:36:01.460 --> 00:36:06.180
Such then are the doings of the party which claims the name of liberal, and which calls

326
00:36:06.180 --> 00:36:11.100
itself liberal as being the advocate of extended freedom.

327
00:36:11.100 --> 00:36:16.900
I doubt not that many a member of the party has read the preceding section with impatience,

328
00:36:16.900 --> 00:36:21.600
wanting as he does to point out an immense oversight which he thinks destroys the validity

329
00:36:21.600 --> 00:36:22.600
of the argument.

330
00:36:22.600 --> 00:36:29.060
You forgot, he wishes to say, the fundamental difference between the power which, in the

331
00:36:29.060 --> 00:36:35.740
past, established those restraints that liberalism abolished and the power which, in the present,

332
00:36:35.740 --> 00:36:38.980
establishes the restraints you call anti-liberal.

333
00:36:38.980 --> 00:36:45.360
You forget that the one was an irresponsible power while the other is a responsible power.

334
00:36:45.360 --> 00:36:51.800
You forget that if by the recent legislation of liberals people are variously regulated,

335
00:36:51.800 --> 00:36:56.640
the body which regulates them is of their own creating and has their warrant for its

336
00:36:56.640 --> 00:36:58.860
acts.

337
00:36:58.860 --> 00:37:04.020
My answer is that I have not forgotten this difference, but am prepared to contend that

338
00:37:04.020 --> 00:37:09.300
the differences in large measure irrelevant to the issue.

339
00:37:09.300 --> 00:37:14.220
In the first place, the real issue is whether the lives of citizens are more interfered

340
00:37:14.220 --> 00:37:20.080
with than they were, not the nature of the agency which interferes with them.

341
00:37:20.080 --> 00:37:21.980
Take a simpler case.

342
00:37:21.980 --> 00:37:26.720
A member of a trades union has joined others in establishing an organization of a purely

343
00:37:26.720 --> 00:37:29.400
representative character.

344
00:37:29.400 --> 00:37:33.620
By it he is compelled to strike if a majority so disliked.

345
00:37:33.620 --> 00:37:38.260
He is forbidden to accept work save under the conditions they dictate.

346
00:37:38.260 --> 00:37:44.460
He is prevented from profiting by his superior ability or energy to the extent he might do,

347
00:37:44.460 --> 00:37:46.840
were it not for their interdict.

348
00:37:46.840 --> 00:37:51.520
He cannot disobey without abandoning those pecuniary benefits of the organization for

349
00:37:51.520 --> 00:37:57.100
which he has subscribed, and bringing on himself the persecution and perhaps violence of his

350
00:37:57.100 --> 00:37:58.660
fellows.

351
00:37:58.660 --> 00:38:03.840
Is he any the less coerced, because the body coercing him is one which he had an equal

352
00:38:03.840 --> 00:38:07.660
voice with the rest informing?

353
00:38:07.660 --> 00:38:12.700
In the second place, if it be objected that the analogy is faulty, since the governing

354
00:38:12.700 --> 00:38:18.160
body of a nation, to which as protector of the national life and interest, all must submit

355
00:38:18.160 --> 00:38:23.720
under penalty of social disorganization, has a far higher authority over citizens than

356
00:38:23.720 --> 00:38:28.760
and the government of any private organization can have over its members, then the reply

357
00:38:28.760 --> 00:38:35.280
is that, granting the difference, the answer made continues valid. If men use their liberty

358
00:38:35.280 --> 00:38:42.800
in such a way as to surrender their liberty, are they thereafter any less slaves? If people

359
00:38:42.800 --> 00:38:48.420
by a plebiscite elect a man despot over them, do they remain free because the despotism

360
00:38:48.420 --> 00:39:18.420
are the coercive edict issued by him to be regarded as legitimate because they are the ultimate outcome of their own votes as well it might be argued that the East African who breaks a spear in another's presence that he may so become bondsman to him still retains his liberty because he freely chose his master finally if any not without marks of irritation as I can imagine repudiate

361
00:39:18.420 --> 00:39:35.420
and say that there is no true parallelism between the relation of people to government where an irresponsible single ruler has been permanently elected, and the relation where a responsible representative body is maintained and from time to time re-elected.

362
00:39:35.420 --> 00:39:43.420
Then there comes the ultimate reply, an altogether heterodox reply by which most will be greatly astonished.

363
00:39:43.420 --> 00:39:50.260
This reply is that these multitudinous restraining acts are not defensible on the ground that

364
00:39:50.260 --> 00:39:55.940
they proceed from a popularly chosen body, for that the authority of a popularly chosen

365
00:39:55.940 --> 00:40:02.120
body is no more to be regarded as an unlimited authority than the authority of a monarch,

366
00:40:02.120 --> 00:40:07.900
and that as true liberalism in the past disputed the assumption of a monarch's unlimited authority,

367
00:40:07.900 --> 00:40:13.060
so true liberalism in the present will dispute the assumption of unlimited parliamentary

368
00:40:13.060 --> 00:40:21.620
Of this, however, more are known. Here, I merely indicate it is an ultimate answer.

369
00:40:21.620 --> 00:40:28.700
Meanwhile, it suffices to point out that until recently, just as of old, true liberalism

370
00:40:28.700 --> 00:40:34.880
was shown by its acts to be moving towards the theory of a limited parliamentary authority.

371
00:40:34.880 --> 00:40:40.500
All these abolitions of restraints over religious beliefs and observances, over exchange and

372
00:40:40.500 --> 00:41:10.500
In the same way that the abandonment of sumptuary laws or of laws forbidding this or that kind of amusement, of laws dictating modes of farming and many others of like meddling nature, which took place in early days, was an implied admission that a state, a state, a state, a state, a state, a state, a state, a state, a state, a state, a state, a state, a state, a state, a state, a state,

373
00:41:10.500 --> 00:41:16.020
ought not to interfere in such matters, so those removals of hindrances to

374
00:41:16.020 --> 00:41:20.700
individual activities of one or other kind, which the liberalism of the last

375
00:41:20.700 --> 00:41:25.540
generation effected, were practical confessions that in these directions too

376
00:41:25.540 --> 00:41:31.460
the sphere of governmental action should be narrowed. And this recognition of the

377
00:41:31.460 --> 00:41:35.940
proprietary of restricting government action was a preparation for restricting

378
00:41:35.940 --> 00:41:51.940
One of the most familiar political truths is that, in the course of social evolution, usage precedes law, and that when usage has been well established, it becomes law by receiving authoritative endorsement and a defined form.

379
00:41:51.940 --> 00:42:02.940
Manifestly then, liberalism in the past, by its practice of limitation, was preparing the way for the principle of limitation.

380
00:42:02.940 --> 00:42:10.680
But returning from these more general considerations to the special question, I emphasize the reply

381
00:42:10.680 --> 00:42:16.180
that the liberty which a citizen enjoys is to be measured not by the nature of the governmental

382
00:42:16.180 --> 00:42:22.380
machinery he lives under, whether representative or other, but by the relative paucity of the

383
00:42:22.380 --> 00:42:29.000
restraints it imposes on him, and that, whether this machinery is or is not one he shared

384
00:42:29.000 --> 00:42:34.760
in Making, its actions are not of the kind proper to liberalism if they increase such

385
00:42:34.760 --> 00:42:39.800
restraints beyond those which are needful for preventing him from directly or indirectly

386
00:42:39.800 --> 00:42:45.640
aggressing on his fellows. Needful, that is, for maintaining the liberties of his fellows

387
00:42:45.640 --> 00:42:51.280
against his invasions of them, restraints which are therefore to be distinguished as

388
00:42:51.280 --> 00:43:21.280
Probably, however, the liberal and still more the subspecies radical, who more than any other, in these latter days, seems under the impression that so long as he has a good end in view, he is warranted in exercising over men all the coercion he is able, will continue to protest, knowing that his aim is popular benefit of some kind to be achieved in some way, and believes that it is the right thing to do.

389
00:43:21.280 --> 00:43:26.360
Believing that the Tory is, contrary-wise, prompted by class interest and the desire

390
00:43:26.360 --> 00:43:31.640
to maintain class power, he will regard it as palpable we have served to group him as

391
00:43:31.640 --> 00:43:36.680
one of the same genus, and will scorn the reasoning used to prove that he belongs to

392
00:43:36.680 --> 00:43:38.640
it.

393
00:43:38.640 --> 00:43:42.840
Perhaps an analogy will help him to see its validity.

394
00:43:42.840 --> 00:43:48.040
If away in the Far East, where personal government is the only form of government known, he heard

395
00:43:48.040 --> 00:43:52.740
from the Inhabitants an account of a struggle by which they had deposed a cruel and vicious

396
00:43:52.740 --> 00:44:00.000
despot and put in his place one whose acts proved his desire for their welfare, if, after

397
00:44:00.000 --> 00:44:05.520
listening to their self-gratulations, he told them that they had not essentially changed

398
00:44:05.520 --> 00:44:10.440
the nature of their government, he would greatly astonish them, and probably he would have

399
00:44:10.440 --> 00:44:15.440
difficulty in making them understand that the substitution of a benevolent despot for

400
00:44:15.440 --> 00:44:20.520
or a malevolent despot, still left the government a despotism.

401
00:44:20.520 --> 00:44:27.120
Similarly, with Toryism as rightly conceived, standing as it does for coercion by the state

402
00:44:27.120 --> 00:44:33.720
versus the freedom of the individual, Toryism remains Toryism, whether it extends this coercion

403
00:44:33.720 --> 00:44:37.280
for selfish or unselfish reasons.

404
00:44:37.280 --> 00:44:42.400
As certainly as the despot is still a despot, whether his motives for arbitrary rule are

405
00:44:42.400 --> 00:44:48.800
Whether good or bad, so certainly is the Tory still a Tory, whether he has egoistic or

406
00:44:48.800 --> 00:44:54.440
altruistic motives for using state power to restrict the liberty of the citizens beyond

407
00:44:54.440 --> 00:45:00.960
the degree required for maintaining the liberties of other citizens. The altruistic Tory, as

408
00:45:00.960 --> 00:45:06.880
well as the egoistic Tory, belongs to the genus Tory, though he forms a new species

409
00:45:06.880 --> 00:45:13.480
of the Genus, and both stand in distinct contrast with the liberal as defined in the days when

410
00:45:13.480 --> 00:45:19.360
liberals were rightly so called and when the definition was, one who advocates greater

411
00:45:19.360 --> 00:45:23.800
freedom from restraint, especially in political institutions.

412
00:45:23.800 --> 00:45:29.840
Thus, then, is justified the paradox I set out with.

413
00:45:29.840 --> 00:45:36.260
As we have seen, Toryism and liberalism originally emerged, the one from militancy and the other

414
00:45:36.260 --> 00:45:38.340
The other from industrialism.

415
00:45:38.340 --> 00:45:44.000
The one stood for the regime of status and the other for the regime of contract.

416
00:45:44.000 --> 00:45:48.860
The one for that system of compulsory cooperation which accompanies the legal inequality of

417
00:45:48.860 --> 00:45:55.940
classes and the other for that voluntary cooperation which accompanies their legal equality.

418
00:45:55.940 --> 00:46:00.220
And beyond all question, the early acts of the two parties were, respectively, for the

419
00:46:00.220 --> 00:46:05.280
maintenance of agencies which affect this compulsory cooperation and for the weakening

420
00:46:05.280 --> 00:46:12.280
Manifestly, the implication is that, in so far as it has been extending the system of compulsion, what is now called liberalism, is a new form of taurism.

421
00:46:12.280 --> 00:46:19.280
How truly this is so, we shall still see more clearly on looking at the facts, the other side upwards, which we will presently do.

422
00:46:19.280 --> 00:46:26.280
Note, by sundry newspapers which noticed this article, it is clear that this is not the case.

423
00:46:26.280 --> 00:46:32.880
Note

424
00:46:32.880 --> 00:46:38.200
By sundry newspapers which noticed this article when it was originally published, the meaning

425
00:46:38.200 --> 00:46:44.720
of the above paragraphs was supposed to be that liberals and Tories have changed places.

426
00:46:44.720 --> 00:46:51.440
This however is by no means the implication. A new species of Tory may arise without disappearance

427
00:46:51.440 --> 00:47:00.760
When saying, above, that in our days conservatives and liberals vie with one another in multiplying

428
00:47:00.760 --> 00:47:06.440
interferences, I clearly implied the belief that while liberals have taken to coercive

429
00:47:06.440 --> 00:47:13.200
legislation, conservatives have not abandoned it. Nevertheless, it is true that the laws

430
00:47:13.200 --> 00:47:18.440
made by liberals are so greatly increasing the compulsions and restraints exercised over

431
00:47:18.440 --> 00:47:23.600
for Citizens, that among conservatives who suffer from this aggressiveness, there is

432
00:47:23.600 --> 00:47:27.400
growing up a tendency to resist it.

433
00:47:27.400 --> 00:47:33.600
Proof is furnished by the fact that the Liberty and Property Defense League, largely consisting

434
00:47:33.600 --> 00:47:41.320
of conservatives, has taken for its motto individualism versus socialism, so that if

435
00:47:41.320 --> 00:47:46.880
the present drift of things continues, it may by and by really happen that the Tories

436
00:47:46.880 --> 00:47:51.680
These will be defenders of liberties which the liberals, in pursuit of what they think

437
00:47:51.680 --> 00:47:54.560
popular welfare, trample underfoot.
