COMIC LEAVES FROM THE STATUTE BOOK.

The most manifest absurdities while remaining in fashion receive the

greatest respect; for it is not till Time affords a retrospect that the

full force of the absurdity is revealed. When men and women went about

dressed like the characters in the farce of Tom Thumb, we of the present

day wonder that they excited no mirth; nor can we now believe that

Betterton drew tears as _Cato_ in a full-bottomed wig. A beauty who a

dozen years ago excited admiration in the balloon-like costume of that

day, would now, if presenting herself in full-blown leg-of-mutton

sleeves, excite a smile. The more intelligent natives of Mexico are now

more disposed to grin than to shudder, as they once did, at their

comical idols. Everybody has heard of the monkey-god of India. In our

day, those who once adored and dreaded him, would as readily worship

_Punch_, and receive his squeakings for oracles, as to bow down before

the Great Monkey.

Amongst the most prominent superstitions in which our forefathers

believed, as a commercial opinion and rule of legislation, was

“Protection;” and we have not awakened too recently from the delusion

which descended from them not to perceive its absurdities, especially on

looking over their voluminous legacy, the Statute Book. Before, however,

we open some of its most comical pages, let us premise that the question

of Protection is not a political one. Of the precise force and meaning

of the term, there is a large class of “constant readers” who have no

definite idea. The word “Protection” calls up in their minds a sort of

phantasmagoria composed chiefly of Corn-law leagues, tedious debates in

Parliament, Custom-houses, excisemen, smugglers, preventive-men and

mounted coast-guards. They know it has to do with imports, exports,

drawbacks, the balance of trade, and with being searched when they step

ashore from a Boulogne steamer. Floating over this indefinite

construction of the term, they have a general opinion that Protection

must be a good thing, for they also associate it most intimately with

the guardianship of the law, which protects them from the swindler, and

with the policeman, who protects them from the thief. That powerful and

patriotic sentiment, “Protection to British Industry,” must, they think,

be nearly the same sort of thing, except that it means protection from

the tricks of foreigners instead of from those of compatriots. They

confess that, believing the whole matter to be a complicated branch of

politics, they have had neither time nor patience to “go into it.”

In supposing the question of Free Trade or Protection to be a political

one, they are, as we have before hinted, in error. It has no more to do

with politics than their own transactions with the grocer and the

coal-merchant; for it treats of the best mode of carrying on a nation’s,

instead of an individual’s dealings with foreign marts and foreign

customers. They are also wrong in supposing that protection to life and

property is of the same character as that to which British industry is

subjected. The difference can be easily explained; and although

doubtless the majority of our readers are quite aware of it, yet for the

benefit of the above-described, who are not, we will point it

out:—Connected, as everybody knows, with whatever is protected, there

must be two parties—A, in whose _favour_ it is protected; and B,

_against_ whom it is protected. Legitimate and wholesome protection

preserves the property we wish to guard against our enemies; impolitic

and unwholesome protection too securely preserves property to us which

we are most anxious to get rid of—by sale or barter,—against our best

friends, our customers.

These elementary explanations are absolutely essential for the thorough

enjoyment of the broad comedy, which here and there lightens up that

grave publication, the Statutes at Large.

When the laws had protected English manufacturers, and producers from

foreign produce and skill; they, by a natural sequence of blundering,

set about protecting the British manufacturing population one against

another, and the German jest of the wig-makers, who petitioned their

Crown Prince “to make it felony for any gentleman to wear his own hair,”

is almost realised. In the palmy days of Protection, a British

bookbinder could not use paste, nor a British dandy, hair-powder,

because the British farmer had been so tightly protected against foreign

corn, that the British public could not get enough of it to make bread

to eat.

These were perhaps the most expensive absurdities into which John Bull

was driven by his mania for protection, but they were by no means the

most ludicrous. Among his other dainty devices for promoting the woollen

manufacture, was the law which compelled all dead bodies to be buried in

woollen cloth. There may not be many who can sympathise with the agony

of Pope’s dying coquette:—

“Odious! In woollen! ’Twould a saint provoke;

Were the last words that poor Narcissa spoke.”

But every one must be astounded at the folly of bribing men to invest

ingenuity and industry, to bury that which above ground was the most

useful and saleable, of all possible articles. The intention was to

discourage the use of cotton, which has since proved one of the greatest

sources of wealth ever brought into this country.

The strangest and most practical protest of national common sense,

against laws enacting protective duties, was the impossibility of

compelling people to obey them. To those laws the country has been

indebted for the expensive coast-guards, who cannot, after all, prevent

smuggling. The disproportionate penalties threatened by protective laws,

show how difficult it was to ensure obedience. In 1765, so invincible

was the desire of our ladies to do justice to their neat ancles, that a

law had to be passed in the fifth of George the Third, (chapter

forty-eight,) decreeing that “if any foreign manufactured silk

stockings, &c., be imported into any part of the British dominions, they

shall be forfeited, and the importers, retailers, or vendors of the

same, shall be subject, for every such offence, to a fine of two hundred

pounds, with costs of suit.” The wise legislators did not dare to extend

the penalties to the fair wearers, who found means to make it worth the

while of the vendors to brave and evade the law.

The complicated and contradictory legislation into which the _ignis

fatuus_ of Protection led men, made our nominally protective laws not

unfrequently laws prohibitive of industry. To protect the iron-masters

of Staffordshire, the inhabitants of Pennsylvania (while yet a British

colony) were forbidden, under heavy penalties, to avail themselves of

their rich coal and iron mines. To protect the tobacco growers of

Virginia (also in its colonial epoch) the agriculturists of Great

Britain were forbidden to cultivate the plant—a prohibition which is

still in force—even now, that the semblance of a reason or excuse for

the restriction exists.

The petty details into which these prohibitions of industry, under the

pretext of protecting it, descended, can only be conceived by those who

have studied the Statutes at Large. An act was passed in the fourth of

George the First (the seventh chapter) for the better employing the

manufacturers, and encouraging the consumption of raw silk. This act

provides “that no person shall make, sell, or set upon any clothes or

wearing garments whatsoever, any buttons made of serge, cloth, drugget,

frieze, camlet, or any other stuff of which clothes or wearing garments

are made, or any buttons made of wool only, and turned in imitations of

other buttons, on pain of forfeiting forty shillings per dozen for all

such buttons.” And again, in the seventh year of the same George, the

twenty-second chapter of that year’s statutes declared that “No tailors

shall set on any buttons or button-holes of serge, drugget, &c., under

penalty of forty shillings for every dozen of buttons or button-holes so

made or set on.... No person shall use or wear on any clothes, garments,

or apparel whatsoever, except velvet, any buttons or button-holes made

of or bound with cloth, serge, drugget, frieze, camlet, or other stuffs

whereof clothes or woollen garments are usually made, on penalty of

forfeiting forty shillings per dozen under a similar penalty.” These

acts were insisted on by the ancient and important fraternity of metal

button-makers, who thought they had a prescriptive right to supply the

world with brass and other buttons “with shanks.” Shankless fasteners,

made of cloth, serge, &c., were therefore interdicted; and every man,

woman, and child, down to the time when George the Third was king, was

_obliged_ to wear metal buttons whether they liked them or not, on pain

of fine or imprisonment.

The shackles and pitfalls in which men involved themselves in their

chase after the illusive idea of universal protection were as numerous,

and more fatal than those with which Louis the Eleventh garnished his

castle at Plessis-le-Tours. It was impossible to move without stumbling

into some of them. British ship-builders were allowed to ply their trade

exclusively for British ship-owners; but, in return, they were compelled

to buy the dear timber of Canada, instead of that of the Baltic. British

ship-owners had exclusive privileges of ocean carriage, but had to pay

tribute to the monopoly of British ship-builders and Canadian lumberers.

British sailors were exclusively to be employed in English ships, but in

return they were at the mercy of the press-gangs. Dubious advantages

were bought at a price unquestionably dear and ruinous.

The condition of our country while possessed by the fallacy of

protection, can be compared to nothing so aptly, as to a man under the

influence of a nightmare. One incongruity pursues another through the

brain. There is a painful half-consciousness that all is delusion, and a

fear that it may be reality—there is a choking sense of oppression. The

victim of the unhealthy dream, tries to shake it off and awaken, but his

faculties are spell-bound. By a great effort the country has awakened to

the light of day, and a sense of realities.

The way in which the rural population, great and small, were protected

against one another, may be well illustrated by an extract from the

third of James the First, chapter fourteen. This act was in force so

lately as 1827, for it was only repealed by the seventh and eighth of

George the Fourth, chapter twenty-seven. The fifth clause of this

precious enactment made a man who had not forty pounds a year a

“malefactor” if he shot a hare; while a neighbour who possessed a

hundred a year, and caught him in the fact, became in one moment his

judge and executioner. After reciting that if any person who had not

real property producing forty pounds a year, or who had not two hundred

pounds’ worth of goods and chattels, shall presume to shoot game, the

clause goes on to say—“Then any person, having lands, tenements, and

hereditaments, of the clear value of one hundred pounds a year, may take

from the person or possession of such malefactor or malefactors, and to

his own use for ever keep, such guns, bows, cross-bows, buckstalls,

engine-traps, nets, ferrets, and coney dogs,” &c. This is hardly a comic

leaf from the statute book. Indignation gives place to mirth on perusing

it. Some portions of the game-laws still in force could be enumerated,

equally unreasonable and summary.

Most of the statutes contain a comical set of rules of English Grammar,

which are calculated to make the wig of Lindley Murray stiffen in his

grave with horror; they run thus:—“Words importing the singular number

shall include the plural number, and words importing the plural number

shall include the singular number. Words importing the masculine gender

shall include females. The word ‘person’ shall include a corporation,

whether aggregate or sole. The word ‘lands’ shall include messuages,

lands, tenements, and hereditaments of any tenure. The word ‘street’

shall extend to and include any road, square, court, alley, and

thoroughfare, or public passage, within the limits of the special act.

The expression ‘two justices’ shall be understood to mean two or more

justices met and acting together.”

Thus ends our chapter of only a few of the mirth provocatives of the

Statutes at Large.

------------------------------------------------------------------------

Household words, No. 21, August 17, 1850 · 第 14 / 15 题