Regnault's --Histoire
politique
et sociale des Principaute?
Marx - Capital-Volume-I
m.
, into the 12 hours from 6 a.
m.
to 6 p.
m.
for --young persons and women?
only.
It did not, therefore, affect children who could always be employed for half an hour before and 21/2 hours after this period, provided the whole of their labour did not exceed 61/2 hours.
Whilst the bill was under discussion, the Factory Inspectors laid before Parliament statistics of the infamous abuses due to this anomaly.
To no purpose.
In the background lurked the intention of screwing up, during prosperous years, the working day of adult males to 15 hours by the aid of the children.
The experience of the three following years showed that such an attempt must come to grief against the resistance of the adult male operatives.
The Act of 1850 was therefore finally completed in 1853 by forbidding the --employment of children in the morning before and in the evening after young persons and women.
?
Henceforth with a few exceptions the Factory Act of 1850 regulated the working day of all workers in the branches of industry that come under it.
142 Since the passing of the first Factory Act half a century had elapsed.
143
Factory legislation for the first time went beyond its original sphere in the --Printworks' Act of 1845. ? The displeasure with which capital received this new --extravagance? speaks through every line of the Act. It limits the working day for children from 8 to 13, and for women to 16 hours, between 6 a. m. and 10 p. m. , without any legal pause for meal-times. It allows males over 13 to be worked at will day and night. 144 It is a Parliamentary abortion. 145
However, the principle had triumphed with its victory in those great branches of industry which form the most characteristic creation of the modern mode of production. Their wonderful development from 1853 to 1860, hand-in-hand with the physical and moral regeneration of the factory workers, struck the most purblind. The masters from whom the legal limitation and regulation had been wrung step by step after a civil war of half a century, themselves referred ostentatiously to the contrast with the branches of exploitation still --free. ? 146 The Pharisees of --Political Economy? now proclaimed the discernment of the necessity of a legally fixed working
? 191 Chapter 10
day as a characteristic new discovery of their --science. ? 147 It will be easily understood that after the factory magnates had resigned themselves and become reconciled to the inevitable, the power of resistance of capital gradually weakened, whilst at the same time the power of attack of the working-class grew with the number of its allies in the classes of society not immediately interested in the question. Hence the comparatively rapid advance since 1860.
The dye-works and bleach-works all came under the Factory Act of 1850 in 1860;148 lace and stocking manufactures in 1861.
In consequence of the first report of the Commission on the employment of children (1863) the same fate was shared by the manufacturers of all earthenwares (not merely pottery), Lucifer- matches, percussion caps, cartridges, carpets, fustian-cutting, and many processes included under the name of --finishing. ? In the year 1863 bleaching in the open air149 and baking were placed under special Acts, by which, in the former, the labour of young persons and women during the night-time (from 8 in the evening to 6 in the morning), and in the latter, the employment of journeymen bakers under 18, between 9 in the evening and 5 in the morning were forbidden. We shall return to the later proposals of the same Commission, which threatened to deprive of their --freedom? all the important branches of English Industry, with the exception of agriculture, mines, and the means of transport. 150
Section 7: The Struggle for a Normal Working Day. Reaction of the English Factory Acts on Other Countries
The reader will bear in mind that the production of surplus value, or the extraction of surplus labour, is the specific end and aim, the sum and substance, of capitalist production, quite apart from any changes in the mode of production, which may arise from the subordination of labour to capital. He will remember that as far as we have at present gone only the independent labourer, and therefore only the labourer legally qualified to act for himself, enters as a vendor of a commodity into a contract with the capitalist. If, therefore, in our historical sketch, on the one hand, modern industry, on the other, the labour of those who are physically and legally minors, play important parts, the former was to us only a special department, and the latter only a specially striking example of labour exploitation. Without, however, anticipating the subsequent development of our inquiry, from the mere connexion of the historic facts before us it follows:
First. The passion of capital for an unlimited and reckless extension of the working day, is first gratified in the industries earliest revolutionised by water-power, steam, and machinery, in those first creations of the modern mode of production, cotton, wool, flax, and silk spinning, and weaving. The changes in the material mode of production, and the corresponding changes in the social relations of the producers151 gave rise first to an extravagance beyond all bounds, and then in opposition to this, called forth a control on the part of Society which legally limits, regulates, and makes uniform the working day and its pauses. This control appears, therefore, during the first half of the nineteenth century simply as exceptional legislation. 152 As soon as this primitive dominion of the new mode of production was conquered, it was found that, in the meantime, not only had many other branches of production been made to adopt the same factory system, but that manufactures with more or less obsolete methods, such as potteries, glass-making, &c. , that old- fashioned handicrafts, like baking, and, finally, even that the so-called domestic industries, such as nail-making,153 had long since fallen as completely under capitalist exploitation as the factories themselves. Legislation was, therefore, compelled to gradually get rid of its exceptional character, or where, as in England, it proceeds after the manner of the Roman Casuists, to declare any house in which work was done to be a factory. 154
? 192 Chapter 10
Second. The history of the regulation of the working day in certain branches of production, and the struggle still going on in others in regard to this regulation, prove conclusively that the isolated labourer, the labourer as --free? vendor of his labour-power, when capitalist production has once attained a certain stage, succumbs without any power of resistance. The creation of a normal working day is, therefore, the product of a protracted civil war, more or less dissembled, between the capitalist class and the working-class. As the contest takes place in the arena of modern industry, it first breaks out in the home of that industry - England. 155 The English factory workers were the champions, not only of the English, but of the modern working-class generally, as their theorists were the first to throw down the gauntlet to the theory of capital. 156 Hence, the philosopher of the Factory, Ure, denounces as an ineffable disgrace to the English working-class that they inscribed --the slavery of the Factory Acts? on the banner which they bore against capital, manfully striving for --perfect freedom of labour. ? 157
France limps slowly behind England. The February revolution was necessary to bring into the world the 12 hours' law,158 which is much more deficient than its English original. For all that, the French revolutionary method has its special advantages. It once for all commands the same limit to the working day in all shops and factories without distinction, whilst English legislation reluctantly yields to the pressure of circumstances, now on this point, now on that, and is getting lost in a hopelessly bewildering tangle of contradictory enactments. 159 On the other hand, the French law proclaims as a principle that which in England was only won in the name of children, minors, and women, and has been only recently for the first time claimed as a general right. 160
In the United States of North America, every independent movement of the workers was paralysed so long as slavery disfigured a part of the Republic. Labour cannot emancipate itself in the white skin where in the black it is branded. But out of the death of slavery a new life at once arose. The first fruit of the Civil War was the eight hours' agitation, that ran with the seven- leagued boots of the locomotive from the Atlantic to the Pacific, from New England to California. The General Congress of labour at Baltimore (August 16th, 1866) declared:
--The first and great necessity of the present, to free the labour of this country from capitalistic slavery, is the passing of a law by which eight hours shall be the normal working day in all States of the American Union. We are resolved to put forth all our strength until this glorious result is attained. ? 161
At the same time, the Congress of the International Working Men's Association at Geneva, on the proposition of the London General Council, resolved that --the limitation of the working day is a preliminary condition without which all further attempts at improvement and emancipation must prove abortive. . . the Congress proposes eight hours as the legal limit of the working day. ?
Thus the movement of the working-class on both sides of the Atlantic, that had grown instinctively out of the conditions of production themselves, endorsed the words of the English Factory Inspector, R. J. Saunders
--Further steps towards a reformation of society can never be carried out with any hope of success, unless the hours of labour be limited, and the prescribed limit strictly enforced. ? 162
It must be acknowledged that our labourer comes out of the process of production other than he entered. In the market he stood as owner of the commodity --labour-power? face to face with other owners of commodities, dealer against dealer. The contract by which he sold to the capitalist his labour-power proved, so to say, in black and white that he disposed of himself freely. The bargain concluded, it is discovered that he was no --free agent,? that the time for which he is free to sell his labour-power is the time for which he is forced to sell it,163 that in fact the
? 193 Chapter 10
vampire will not lose its hold on him --so long as there is a muscle, a nerve, a drop of blood to be exploited. ? 164 For --protection? against --the serpent of their agonies,? the labourers must put their heads together, and, as a class, compel the passing of a law, an all-powerful social barrier that shall prevent the very workers from selling. by voluntary contract with capital, themselves and their families into slavery and death. 165 In place of the pompous catalogue of the --inalienable rights of man? comes the modest Magna Charta of a legally limited working day, which shall make clear --when the time which the worker sells is ended, and when his own begins. ? Quantum mutatus ab illo! [What a great change from that time! - Virgil]166
1 --A day's labour is vague, it may be long or short. ? (--An Essay on Trade and Commerce, Containing Observations on Taxes, &c. ? London. 1770, p. 73. )
2 This question is far more important than the celebrated question of Sir Robert Peel to the Birmingham Chamber of Commerce: What is a pound? A question that could only have been proposed, because Peel was as much in the dark as to the nature of money as the --little shilling men? of Birmingham.
3 --It is the aim of the capitalist to obtain with his expended capital the greatest possible quantity of labour (d'obtenir du capital de? pense la plus forte somme de travail possible). ? J. G. Courcelle-Seneuil. --Traite? the? orique et pratique des entreprises industrielles. ? 2nd ed. Paris, 1857, p. 63.
4 --An hour's labour lost in a day is a prodigious injury to a commercial State. . . . There is a very great consumption of luxuries among the labouring poor of this kingdom: particularly among the manufacturing populace, by which they also consume their time, the most fatal of consumptions. ? --An Essay on Trade and Commerce, &c. ,? p. 47, and 15
5 --Si le manouvrier libre prend un instant de repos, l'e? conomie sordide qui le suit des yeux avec inquie? tude, pre? tend qu'il la vole. ? [If the free labourer allows himself an instant of rest, the base and petty management, which follows him with wary eyes, claims he is stealing from it. ] N. Linguet, --The? orie des Lois Civiles. &c. ? London, 1767, t. II. , p. 466.
6 During the great strike of the London builders, 1860-61, for the reduction of the working day to 9 hours, their Committee published a manifesto that contained, to some extent, the plea of our worker. The manifesto alludes, not without irony, to the fact, that the greatest profit-monger amongst the building masters, a certain Sir M. Peto, was in the odour of sanctity (This same Peto, after 1867, came to an end a la Strousberg. )
7 --Those who labour . . . in reality feed both the pensioners . . . [called the rich] and themselves. ? (Edmund Burke, l. c. , p. 2. )
8 Niebuhr in his --Roman History? says very naively: --It is evident that works like the Etruscan, which in their ruins astound us, pre-suppose in little (! ) states lords and vassals. ? Sismondi says far more to the purpose that --Brussels lace? pre-supposes wage-lords and wage-slaves.
9 --One cannot see these unfortunates (in the gold mines between Egypt, Ethiopia, and Arabia) who cannot even have their bodies clean, or their nakedness clothed, without pitying their miserable lot. There is no indulgence, no forbearance for the sick, the feeble, the aged, for woman's weakness. All must, forced by blows, work on until death puts an end to their sufferings and their distress. ? (--Diod. Sic. Bibl. Hist. ,? lib. 2, c. 13. )
10 That which follows refers to the situation in the Rumanian provinces before the change effected since the Crimean war.
11 This holds likewise for Germany, and especially for Prussia east of the Elbe. In the 15th century the German peasant was nearly everywhere a man, who, whilst subject to certain rents paid in produce and labour was otherwise at least practically free. The German colonists in Brandenburg, Pomerania, Silesia, and Eastern Prussia, were even legally acknowledged as free men. The victory of the nobility
? ? 194 Chapter 10
in the peasants' war put an end to that. Not only were the conquered South German peasants again enslaved. From the middle of the 16th century the peasants of Eastern Prussia, Brandenburg, Pomerania, and Silesia, and soon after the free peasants of Schleswig-Holstein were degraded to the condition of serfs. (Maurer, Fronho? fe iv. vol. , -- Meitzen, --Der Boden des preussischen Staats? -- Hanssen, --Leibeigenschaft in Schleswig-Holstein. ? -- F. E. )
12 Further details are to be found in E.
Regnault's --Histoire politique et sociale des Principaute? s Danubiennes,? Paris, 1855.
13 --In general and within certain limits, exceeding the medium size of their kind, is evidence of the prosperity of organic beings. As to man, his bodily height lessens if his due growth is interfered with, either by physical or local conditions. In all European countries in which the conscription holds, since its introduction, the medium height of adult men, and generally their fitness for military service, has diminished. Before the revolution (1789), the minimum for the infantry in France was 165 centimetres; in 1818 (law of March 10th), 157; by the law of March 21, 1832, 156 cm. ; on the average in France more than half are rejected on account of deficient height or bodily weakness. The military standard in Saxony was in 1780, 178 cm. It is now 155. In Prussia it is 157. According to the statement of Dr. Meyer in the Bavarian Gazette, May 9th, 1862, the result of an average of 9 years is, that in Prussia out of 1,000 conscripts 716 were unfit for military service, 317 because of deficiency in height, and 399 because of bodily defects. . . . Berlin in 1858 could not provide its contingent of recruits, it was 156 men short. ? J. von Liebig: --Die Chemie in ihrer Anwendung auf Agrikultur und Physiologie. 1862,? 7th Ed. , vol. 1, pp. 117, 118.
14 The history of the Factory Act of 1850 will be found in the course of this chapter.
15 I only touch here and there on the period from the beginning of modern industry in England to 1845. For this period I refer the reader to --Die Lage der arbeitenden Klasse in England,? [Condition of the Working Class in England] von Friedrich Engels, Leipzig, 1845. How completely Engels understood the nature of the capitalist mode of production is shown by the Factory Reports, Reports on Mines, &c. , that have appeared since 1845, and how wonderfully he painted the circumstances in detail is seen on the most superficial comparison of his work with the official reports of the Children's Employment Commission, published 18 to 20 years later (1863-1867). These deal especially with the branches of industry in which the Factory Acts had not, up to 1862, been introduced, in fact are not yet introduced. Here, then, little or no alteration had been enforced, by authority, in the conditions painted by Engels. I borrow my examples chiefly from the Free-trade period after 1848, that age of paradise, of which the commercial travellers for the great firm of Free-trade, blatant as ignorant, tell such fabulous tales. For the rest England figures here in the foreground because she is the classic representative of capitalist production, and she alone has a continuous set of official statistics of the things we are considering.
16 --Suggestions, &c. by Mr. L. Horner, Inspector of Factories,? in Factories Regulation Acts. Ordered by the House of Commons to be printed, 9th August, 1859, pp. 4, 5.
17 Reports of the Inspector of Factories for the half year. October, 1856, p. 35. 18 Reports, &c. , 30th April, 1858, p. 9.
19 Reports, &c. , l. c. , p. 10.
20 Reports &c. , l. c. , p. 25.
21 Reports &c. , for the half year ending 30th April, 1861. See Appendix No. 2; Reports, &c. , 31st October, 1862, pp. 7, 52, 53. The violations of the Acts became more numerous during the last half year 1863. Cf Reports, &c. , ending 31st October, 1863, p. 7.
22 Reports, &c. , October 31st, 1860, p. 23. With what fanaticism, according to the evidence of manufacturers given in courts of law, their hands set themselves against every interruption in factory
? ? 195 Chapter 10
labour, the following curious circumstance shows. In the beginning of June, 1836, information reached the magistrates of Dewsbury (Yorkshire) that the owners of 8 large mills in the neighbourhood of Batley had violated the Factory Acts. Some of these gentlemen were accused of having kept at work 5 boys between 12 and 15 years of age, from 6 a. m. on Friday to 4 p. m. on the following Saturday, not allowing them any respite except for meals and one hour for sleep at midnight. And these children had to do this ceaseless labour of 30 hours in the --shoddyhole,? as the hole is called, in which the woollen rags are pulled in pieces, and where a dense atmosphere of dust, shreds, &c. , forces even the adult workman to cover his mouth continually with handkerchiefs for the protection of his lungs! The accused gentlemen affirm in lieu of taking an oath -- as quakers they were too scrupulously religious to take an oath -- that they had, in their great compassion for the unhappy children, allowed them four hours for sleep, but the obstinate children absolutely would not go to bed. The quaker gentlemen were mulcted in ? 20. Dryden anticipated these gentry:
Fox full fraught in seeming sanctity,
That feared an oath, but like the devil would lie, That look'd like Lent, and had the holy leer, And durst not sin! before he said his prayer! ?
23 Rep. , 31st Oct. , 1856, p. 34. 24 l. c. , p. 35.
25 l. c. , p. 48.
26 l. c. , p. 48.
27 l. c. , p. 48.
28 l. c. , p. 48.
29 Report of the Insp. &c. , 30th April 1860, p. 56.
30 This is the official expression both in the factories and in the reports.
31 --The cupidity of mill-owners whose cruelties in the pursuit of gain have hardly been exceeded by those perpetrated by the Spaniards on the conquest of America in the pursuit of gold. ? John Wade, --History of the Middle and Working Classes,? 3rd Ed. London, 1835, p. 114. The theoretical part of this book, a kind of hand-book of Political Economy, is, considering the time of its publication, original in some parts, e. g. , on commercial crises. The historical part is, to a great extent, a shameless plagiarism of Sir F. M. Eden's --The State of the Poor,? London, 1797.
32 Daily Telegraph, 17th January, 1860.
33 Cf. F. Engels --Lage, etc. ? pp. 249-51.
34 Children's Employment Commission. First report. , etc. , 1863. Evidence. pp. 16, 19, 18. 35 Public Health, 3rd report, etc. , pp. 102, 104, 105.
36 Child. Empl. Comm. I. Report, p. 24.
37 Children's Employment Commission, p. 22, and xi.
38 l. c. , p. xlviii.
39 l. c. , p. liv.
40 This is not to be taken in the same sense as our surplus labour time. These gentlemen consider 101/2 hours of labour as the normal working day, which includes of course the normal surplus labour. After this begins --overtime? which is paid a little better. It will be seen later that the labour expended during the so-called normal day is paid below its value, so that the overtime is simply a capitalist trick in order to extort more surplus labour, which it would still be, even if the labour-power expended during the normal working day were properly paid.
? ? 196 Chapter 10
41 l. c. , Evidence, pp. 123, 124, 125, 140, and 54.
42 Alum finely powdered, or mixed with salt, is a normal article of commerce bearing the significant name of --bakers' stuff. ?
43 Soot is a well-known and very energetic form of carbon, and forms a manure that capitalistic chimney-sweeps sell to English farmers. Now in 1862 the British juryman had in a law-suit to decide whether soot, with which, unknown to the buyer, 90% of dust and sand are mixed, is genuine soot in the commercial sense or adulterated soot in the legal sense. The --amis du commerce? [friends of commerce] decided it to be genuine commercial soot, and non-suited the plaintiff farmer, who had in addition to pay the costs of the suit.
44 The French chemist, Chevallier, in his treatise on the --sophistications? of commodities, enumerates for many of the 600 or more articles which he passes in review, 10, 20, 30 different methods of adulteration. He adds that he does not know all the methods and does not mention all that he knows. He gives 6 kinds of adulteration of sugar, 9 of olive oil, 10 of butter, 12 of salt, 19 of milk, 20 of bread, 23 of brandy, 24 of meal, 28 of chocolate, 30 of wine, 32 of coffee, etc. Even God Almighty does not escape this fate. See Rouard de Card, --On the Falsifications of the materials of the Sacrament. ? (--De la falsification des substances sacramentelles,? Paris, 1856. )
45 --Report, &c. , relative to the grievances complained of by the journeymen bakers, &c. , London, 1862,? and --Second Report, &c. , London, 1863. ?
46 l. c. , First Report, &c. , p. vi.
Factory legislation for the first time went beyond its original sphere in the --Printworks' Act of 1845. ? The displeasure with which capital received this new --extravagance? speaks through every line of the Act. It limits the working day for children from 8 to 13, and for women to 16 hours, between 6 a. m. and 10 p. m. , without any legal pause for meal-times. It allows males over 13 to be worked at will day and night. 144 It is a Parliamentary abortion. 145
However, the principle had triumphed with its victory in those great branches of industry which form the most characteristic creation of the modern mode of production. Their wonderful development from 1853 to 1860, hand-in-hand with the physical and moral regeneration of the factory workers, struck the most purblind. The masters from whom the legal limitation and regulation had been wrung step by step after a civil war of half a century, themselves referred ostentatiously to the contrast with the branches of exploitation still --free. ? 146 The Pharisees of --Political Economy? now proclaimed the discernment of the necessity of a legally fixed working
? 191 Chapter 10
day as a characteristic new discovery of their --science. ? 147 It will be easily understood that after the factory magnates had resigned themselves and become reconciled to the inevitable, the power of resistance of capital gradually weakened, whilst at the same time the power of attack of the working-class grew with the number of its allies in the classes of society not immediately interested in the question. Hence the comparatively rapid advance since 1860.
The dye-works and bleach-works all came under the Factory Act of 1850 in 1860;148 lace and stocking manufactures in 1861.
In consequence of the first report of the Commission on the employment of children (1863) the same fate was shared by the manufacturers of all earthenwares (not merely pottery), Lucifer- matches, percussion caps, cartridges, carpets, fustian-cutting, and many processes included under the name of --finishing. ? In the year 1863 bleaching in the open air149 and baking were placed under special Acts, by which, in the former, the labour of young persons and women during the night-time (from 8 in the evening to 6 in the morning), and in the latter, the employment of journeymen bakers under 18, between 9 in the evening and 5 in the morning were forbidden. We shall return to the later proposals of the same Commission, which threatened to deprive of their --freedom? all the important branches of English Industry, with the exception of agriculture, mines, and the means of transport. 150
Section 7: The Struggle for a Normal Working Day. Reaction of the English Factory Acts on Other Countries
The reader will bear in mind that the production of surplus value, or the extraction of surplus labour, is the specific end and aim, the sum and substance, of capitalist production, quite apart from any changes in the mode of production, which may arise from the subordination of labour to capital. He will remember that as far as we have at present gone only the independent labourer, and therefore only the labourer legally qualified to act for himself, enters as a vendor of a commodity into a contract with the capitalist. If, therefore, in our historical sketch, on the one hand, modern industry, on the other, the labour of those who are physically and legally minors, play important parts, the former was to us only a special department, and the latter only a specially striking example of labour exploitation. Without, however, anticipating the subsequent development of our inquiry, from the mere connexion of the historic facts before us it follows:
First. The passion of capital for an unlimited and reckless extension of the working day, is first gratified in the industries earliest revolutionised by water-power, steam, and machinery, in those first creations of the modern mode of production, cotton, wool, flax, and silk spinning, and weaving. The changes in the material mode of production, and the corresponding changes in the social relations of the producers151 gave rise first to an extravagance beyond all bounds, and then in opposition to this, called forth a control on the part of Society which legally limits, regulates, and makes uniform the working day and its pauses. This control appears, therefore, during the first half of the nineteenth century simply as exceptional legislation. 152 As soon as this primitive dominion of the new mode of production was conquered, it was found that, in the meantime, not only had many other branches of production been made to adopt the same factory system, but that manufactures with more or less obsolete methods, such as potteries, glass-making, &c. , that old- fashioned handicrafts, like baking, and, finally, even that the so-called domestic industries, such as nail-making,153 had long since fallen as completely under capitalist exploitation as the factories themselves. Legislation was, therefore, compelled to gradually get rid of its exceptional character, or where, as in England, it proceeds after the manner of the Roman Casuists, to declare any house in which work was done to be a factory. 154
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Second. The history of the regulation of the working day in certain branches of production, and the struggle still going on in others in regard to this regulation, prove conclusively that the isolated labourer, the labourer as --free? vendor of his labour-power, when capitalist production has once attained a certain stage, succumbs without any power of resistance. The creation of a normal working day is, therefore, the product of a protracted civil war, more or less dissembled, between the capitalist class and the working-class. As the contest takes place in the arena of modern industry, it first breaks out in the home of that industry - England. 155 The English factory workers were the champions, not only of the English, but of the modern working-class generally, as their theorists were the first to throw down the gauntlet to the theory of capital. 156 Hence, the philosopher of the Factory, Ure, denounces as an ineffable disgrace to the English working-class that they inscribed --the slavery of the Factory Acts? on the banner which they bore against capital, manfully striving for --perfect freedom of labour. ? 157
France limps slowly behind England. The February revolution was necessary to bring into the world the 12 hours' law,158 which is much more deficient than its English original. For all that, the French revolutionary method has its special advantages. It once for all commands the same limit to the working day in all shops and factories without distinction, whilst English legislation reluctantly yields to the pressure of circumstances, now on this point, now on that, and is getting lost in a hopelessly bewildering tangle of contradictory enactments. 159 On the other hand, the French law proclaims as a principle that which in England was only won in the name of children, minors, and women, and has been only recently for the first time claimed as a general right. 160
In the United States of North America, every independent movement of the workers was paralysed so long as slavery disfigured a part of the Republic. Labour cannot emancipate itself in the white skin where in the black it is branded. But out of the death of slavery a new life at once arose. The first fruit of the Civil War was the eight hours' agitation, that ran with the seven- leagued boots of the locomotive from the Atlantic to the Pacific, from New England to California. The General Congress of labour at Baltimore (August 16th, 1866) declared:
--The first and great necessity of the present, to free the labour of this country from capitalistic slavery, is the passing of a law by which eight hours shall be the normal working day in all States of the American Union. We are resolved to put forth all our strength until this glorious result is attained. ? 161
At the same time, the Congress of the International Working Men's Association at Geneva, on the proposition of the London General Council, resolved that --the limitation of the working day is a preliminary condition without which all further attempts at improvement and emancipation must prove abortive. . . the Congress proposes eight hours as the legal limit of the working day. ?
Thus the movement of the working-class on both sides of the Atlantic, that had grown instinctively out of the conditions of production themselves, endorsed the words of the English Factory Inspector, R. J. Saunders
--Further steps towards a reformation of society can never be carried out with any hope of success, unless the hours of labour be limited, and the prescribed limit strictly enforced. ? 162
It must be acknowledged that our labourer comes out of the process of production other than he entered. In the market he stood as owner of the commodity --labour-power? face to face with other owners of commodities, dealer against dealer. The contract by which he sold to the capitalist his labour-power proved, so to say, in black and white that he disposed of himself freely. The bargain concluded, it is discovered that he was no --free agent,? that the time for which he is free to sell his labour-power is the time for which he is forced to sell it,163 that in fact the
? 193 Chapter 10
vampire will not lose its hold on him --so long as there is a muscle, a nerve, a drop of blood to be exploited. ? 164 For --protection? against --the serpent of their agonies,? the labourers must put their heads together, and, as a class, compel the passing of a law, an all-powerful social barrier that shall prevent the very workers from selling. by voluntary contract with capital, themselves and their families into slavery and death. 165 In place of the pompous catalogue of the --inalienable rights of man? comes the modest Magna Charta of a legally limited working day, which shall make clear --when the time which the worker sells is ended, and when his own begins. ? Quantum mutatus ab illo! [What a great change from that time! - Virgil]166
1 --A day's labour is vague, it may be long or short. ? (--An Essay on Trade and Commerce, Containing Observations on Taxes, &c. ? London. 1770, p. 73. )
2 This question is far more important than the celebrated question of Sir Robert Peel to the Birmingham Chamber of Commerce: What is a pound? A question that could only have been proposed, because Peel was as much in the dark as to the nature of money as the --little shilling men? of Birmingham.
3 --It is the aim of the capitalist to obtain with his expended capital the greatest possible quantity of labour (d'obtenir du capital de? pense la plus forte somme de travail possible). ? J. G. Courcelle-Seneuil. --Traite? the? orique et pratique des entreprises industrielles. ? 2nd ed. Paris, 1857, p. 63.
4 --An hour's labour lost in a day is a prodigious injury to a commercial State. . . . There is a very great consumption of luxuries among the labouring poor of this kingdom: particularly among the manufacturing populace, by which they also consume their time, the most fatal of consumptions. ? --An Essay on Trade and Commerce, &c. ,? p. 47, and 15
5 --Si le manouvrier libre prend un instant de repos, l'e? conomie sordide qui le suit des yeux avec inquie? tude, pre? tend qu'il la vole. ? [If the free labourer allows himself an instant of rest, the base and petty management, which follows him with wary eyes, claims he is stealing from it. ] N. Linguet, --The? orie des Lois Civiles. &c. ? London, 1767, t. II. , p. 466.
6 During the great strike of the London builders, 1860-61, for the reduction of the working day to 9 hours, their Committee published a manifesto that contained, to some extent, the plea of our worker. The manifesto alludes, not without irony, to the fact, that the greatest profit-monger amongst the building masters, a certain Sir M. Peto, was in the odour of sanctity (This same Peto, after 1867, came to an end a la Strousberg. )
7 --Those who labour . . . in reality feed both the pensioners . . . [called the rich] and themselves. ? (Edmund Burke, l. c. , p. 2. )
8 Niebuhr in his --Roman History? says very naively: --It is evident that works like the Etruscan, which in their ruins astound us, pre-suppose in little (! ) states lords and vassals. ? Sismondi says far more to the purpose that --Brussels lace? pre-supposes wage-lords and wage-slaves.
9 --One cannot see these unfortunates (in the gold mines between Egypt, Ethiopia, and Arabia) who cannot even have their bodies clean, or their nakedness clothed, without pitying their miserable lot. There is no indulgence, no forbearance for the sick, the feeble, the aged, for woman's weakness. All must, forced by blows, work on until death puts an end to their sufferings and their distress. ? (--Diod. Sic. Bibl. Hist. ,? lib. 2, c. 13. )
10 That which follows refers to the situation in the Rumanian provinces before the change effected since the Crimean war.
11 This holds likewise for Germany, and especially for Prussia east of the Elbe. In the 15th century the German peasant was nearly everywhere a man, who, whilst subject to certain rents paid in produce and labour was otherwise at least practically free. The German colonists in Brandenburg, Pomerania, Silesia, and Eastern Prussia, were even legally acknowledged as free men. The victory of the nobility
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in the peasants' war put an end to that. Not only were the conquered South German peasants again enslaved. From the middle of the 16th century the peasants of Eastern Prussia, Brandenburg, Pomerania, and Silesia, and soon after the free peasants of Schleswig-Holstein were degraded to the condition of serfs. (Maurer, Fronho? fe iv. vol. , -- Meitzen, --Der Boden des preussischen Staats? -- Hanssen, --Leibeigenschaft in Schleswig-Holstein. ? -- F. E. )
12 Further details are to be found in E.
Regnault's --Histoire politique et sociale des Principaute? s Danubiennes,? Paris, 1855.
13 --In general and within certain limits, exceeding the medium size of their kind, is evidence of the prosperity of organic beings. As to man, his bodily height lessens if his due growth is interfered with, either by physical or local conditions. In all European countries in which the conscription holds, since its introduction, the medium height of adult men, and generally their fitness for military service, has diminished. Before the revolution (1789), the minimum for the infantry in France was 165 centimetres; in 1818 (law of March 10th), 157; by the law of March 21, 1832, 156 cm. ; on the average in France more than half are rejected on account of deficient height or bodily weakness. The military standard in Saxony was in 1780, 178 cm. It is now 155. In Prussia it is 157. According to the statement of Dr. Meyer in the Bavarian Gazette, May 9th, 1862, the result of an average of 9 years is, that in Prussia out of 1,000 conscripts 716 were unfit for military service, 317 because of deficiency in height, and 399 because of bodily defects. . . . Berlin in 1858 could not provide its contingent of recruits, it was 156 men short. ? J. von Liebig: --Die Chemie in ihrer Anwendung auf Agrikultur und Physiologie. 1862,? 7th Ed. , vol. 1, pp. 117, 118.
14 The history of the Factory Act of 1850 will be found in the course of this chapter.
15 I only touch here and there on the period from the beginning of modern industry in England to 1845. For this period I refer the reader to --Die Lage der arbeitenden Klasse in England,? [Condition of the Working Class in England] von Friedrich Engels, Leipzig, 1845. How completely Engels understood the nature of the capitalist mode of production is shown by the Factory Reports, Reports on Mines, &c. , that have appeared since 1845, and how wonderfully he painted the circumstances in detail is seen on the most superficial comparison of his work with the official reports of the Children's Employment Commission, published 18 to 20 years later (1863-1867). These deal especially with the branches of industry in which the Factory Acts had not, up to 1862, been introduced, in fact are not yet introduced. Here, then, little or no alteration had been enforced, by authority, in the conditions painted by Engels. I borrow my examples chiefly from the Free-trade period after 1848, that age of paradise, of which the commercial travellers for the great firm of Free-trade, blatant as ignorant, tell such fabulous tales. For the rest England figures here in the foreground because she is the classic representative of capitalist production, and she alone has a continuous set of official statistics of the things we are considering.
16 --Suggestions, &c. by Mr. L. Horner, Inspector of Factories,? in Factories Regulation Acts. Ordered by the House of Commons to be printed, 9th August, 1859, pp. 4, 5.
17 Reports of the Inspector of Factories for the half year. October, 1856, p. 35. 18 Reports, &c. , 30th April, 1858, p. 9.
19 Reports, &c. , l. c. , p. 10.
20 Reports &c. , l. c. , p. 25.
21 Reports &c. , for the half year ending 30th April, 1861. See Appendix No. 2; Reports, &c. , 31st October, 1862, pp. 7, 52, 53. The violations of the Acts became more numerous during the last half year 1863. Cf Reports, &c. , ending 31st October, 1863, p. 7.
22 Reports, &c. , October 31st, 1860, p. 23. With what fanaticism, according to the evidence of manufacturers given in courts of law, their hands set themselves against every interruption in factory
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labour, the following curious circumstance shows. In the beginning of June, 1836, information reached the magistrates of Dewsbury (Yorkshire) that the owners of 8 large mills in the neighbourhood of Batley had violated the Factory Acts. Some of these gentlemen were accused of having kept at work 5 boys between 12 and 15 years of age, from 6 a. m. on Friday to 4 p. m. on the following Saturday, not allowing them any respite except for meals and one hour for sleep at midnight. And these children had to do this ceaseless labour of 30 hours in the --shoddyhole,? as the hole is called, in which the woollen rags are pulled in pieces, and where a dense atmosphere of dust, shreds, &c. , forces even the adult workman to cover his mouth continually with handkerchiefs for the protection of his lungs! The accused gentlemen affirm in lieu of taking an oath -- as quakers they were too scrupulously religious to take an oath -- that they had, in their great compassion for the unhappy children, allowed them four hours for sleep, but the obstinate children absolutely would not go to bed. The quaker gentlemen were mulcted in ? 20. Dryden anticipated these gentry:
Fox full fraught in seeming sanctity,
That feared an oath, but like the devil would lie, That look'd like Lent, and had the holy leer, And durst not sin! before he said his prayer! ?
23 Rep. , 31st Oct. , 1856, p. 34. 24 l. c. , p. 35.
25 l. c. , p. 48.
26 l. c. , p. 48.
27 l. c. , p. 48.
28 l. c. , p. 48.
29 Report of the Insp. &c. , 30th April 1860, p. 56.
30 This is the official expression both in the factories and in the reports.
31 --The cupidity of mill-owners whose cruelties in the pursuit of gain have hardly been exceeded by those perpetrated by the Spaniards on the conquest of America in the pursuit of gold. ? John Wade, --History of the Middle and Working Classes,? 3rd Ed. London, 1835, p. 114. The theoretical part of this book, a kind of hand-book of Political Economy, is, considering the time of its publication, original in some parts, e. g. , on commercial crises. The historical part is, to a great extent, a shameless plagiarism of Sir F. M. Eden's --The State of the Poor,? London, 1797.
32 Daily Telegraph, 17th January, 1860.
33 Cf. F. Engels --Lage, etc. ? pp. 249-51.
34 Children's Employment Commission. First report. , etc. , 1863. Evidence. pp. 16, 19, 18. 35 Public Health, 3rd report, etc. , pp. 102, 104, 105.
36 Child. Empl. Comm. I. Report, p. 24.
37 Children's Employment Commission, p. 22, and xi.
38 l. c. , p. xlviii.
39 l. c. , p. liv.
40 This is not to be taken in the same sense as our surplus labour time. These gentlemen consider 101/2 hours of labour as the normal working day, which includes of course the normal surplus labour. After this begins --overtime? which is paid a little better. It will be seen later that the labour expended during the so-called normal day is paid below its value, so that the overtime is simply a capitalist trick in order to extort more surplus labour, which it would still be, even if the labour-power expended during the normal working day were properly paid.
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41 l. c. , Evidence, pp. 123, 124, 125, 140, and 54.
42 Alum finely powdered, or mixed with salt, is a normal article of commerce bearing the significant name of --bakers' stuff. ?
43 Soot is a well-known and very energetic form of carbon, and forms a manure that capitalistic chimney-sweeps sell to English farmers. Now in 1862 the British juryman had in a law-suit to decide whether soot, with which, unknown to the buyer, 90% of dust and sand are mixed, is genuine soot in the commercial sense or adulterated soot in the legal sense. The --amis du commerce? [friends of commerce] decided it to be genuine commercial soot, and non-suited the plaintiff farmer, who had in addition to pay the costs of the suit.
44 The French chemist, Chevallier, in his treatise on the --sophistications? of commodities, enumerates for many of the 600 or more articles which he passes in review, 10, 20, 30 different methods of adulteration. He adds that he does not know all the methods and does not mention all that he knows. He gives 6 kinds of adulteration of sugar, 9 of olive oil, 10 of butter, 12 of salt, 19 of milk, 20 of bread, 23 of brandy, 24 of meal, 28 of chocolate, 30 of wine, 32 of coffee, etc. Even God Almighty does not escape this fate. See Rouard de Card, --On the Falsifications of the materials of the Sacrament. ? (--De la falsification des substances sacramentelles,? Paris, 1856. )
45 --Report, &c. , relative to the grievances complained of by the journeymen bakers, &c. , London, 1862,? and --Second Report, &c. , London, 1863. ?
46 l. c. , First Report, &c. , p. vi.
