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Oct. 20, 1860] The Saturday Analyst and ...
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THE LICENSING SYSTEM. PROFOUN D Works on...
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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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Us Curiosity, And, If He Iwos Moderate C...
to g-et rid of them , if such a riddance were possible . Oh lor some clever noter-down on the spot ( the only addition to the mob which might be made with advantage ) to give us a few sketches of the Jnalentendus , the mi stakes , and the impertinences , conscious and unconscious , of the volunteer attache tribe , who are received civilly and graciously as " sympathisers , " and who would be dismissed with little courtesy if they were known to be , what in nine cases out often they really are , mere inquisitive lookers on , who mean on their return to be lions of the drawing-room , and downwards . Poor Albert Smith ! he has often amused us , but we fear he was one of
the first missionaries of the mingled creed of the sublime and the slangy , the g-ossippy and the " -rand , and that he took excessive delight in the junalgamation . He enjoyed joint effects , the glorious Ehine garnished with Cockneys ; u Times reporter relieved by area ! live lord , or the son of one—and ' an engineer set off by an ambassador The illustrating- on one of the best-known and oldest principles , of the ludi crous wjth novel skill , was the ground of his success ; and his popularity showed the taste of the time—not a very high one . He has been the parent of a hundred semi-facetious details of events worthy to be treated with all seriousness , and the flippantvulgarisation of moral altitudes , more worthy of all reverence than the
Aiguilles or the Grand Plateau . _ . . All is mash and medley . Have we not Kuvis James , t ^ ., al . ± ., awav from his proper business , at GabibaldiV right hand , ready to lecture Lazzaroni in the cause of liberty and of Italy ? That clever exaggerating old Paris Bohemian , Alexander DmtAS , ismstalledat his w ^ H-known Naples , lording-it , no longer merely in - corricolo , and showing at once the liberty of his views and of his morals , by throwing open to the public eyo the - 'secret museum , aUin keeping in one way , and grievously out of it m another liie presence of some men , and their participation , is calculated to give something of the air of farce and caricature to the most respectable revolution .
Oct. 20, 1860] The Saturday Analyst And ...
Oct . 20 , 1860 ] The Saturday Analyst and Leader . 879
The Licensing System. Profoun D Works On...
THE LICENSING SYSTEM . PROFOUN D Works on Mathematical Science— we select this example as best for illustration—begin with truisms so trite and so self-evident that the tyro is apt to laugh at them ; yet these fundamental axioms are the basis on which is roared a munificent structure of knowledge the most remote from intuitive cognition , and culminating in . the perception of such volutions as those which , form the subject of the differential calculus . And so with social quesit is often desirablein the t state of
tions in discussing which , . presen things when it is the fashion to profess the true principles of pohtieafeconomy , while utterly ignoring them in praL-hct-to set out with a statement of the ground-principle oi that particular sort of legitimate humau liberty known as free-trade . Xlmt principle is , that production in the widest sense should bo left froj to take place where and how it can take place cheapest , best , and most plentifully , without any artificial obstacles being interposed to prevent it . One of the most pernicious and vexatious interferences with free-trade is thy licensing system . lish lawthat is to be
It is an established maxim of Eng , a man assumed innocent until proved guilty ; but tlxq licensing system , if considered on the footing that has been put forward as 1 he only excuse ' for it , namely , tlui precluding of something lielcl .-to bo miSchievous ,-prosumcs , beforehand , that a man has deternimod To oouxmit an oW It w us if the Uvr wo ** to prohibit men from going at large , on the ground that it they didn t go at urge , the injury that might accrue to themselves and other * by so doiuK would ' be prevented . But the law in other matters deems it suilioiont to annex aspeciiio penalty to a spocilio oflenoo clearly dclinod , to prevent the commission of that offuuoo , and does not iniUot the -penalty unless , the offonqo is committed . In ^ tho licensing system the penalty in , in groat part , inflicted beforehand , in the shape of a pecuniary fine . And not onl y may this ««« l . > t . bo « imo in amount whoro the subsequent delinquency ,
when it ooours , in diffevoiit in degree , but it may even bo Higher in a loss degvoo of delinquency tliau a gVeatoir ; and when the other part of the penalty occurs , tho withdrawal of tlio hoonse , thoro is tho same punishment i ' ox overy possible dogreo ol dcliunuonoy ; and this punishment may bo nothing uhm-t o ^ deprivation of the means of earning a livohhood . In other thuift-s , il a uxajv oommit au oftbnoo ho is subjected to a spool do punishment , and that done , ho is loft Ivoo to got m livelihood in tho calling he has learnt and understands , and na tho plaoo whoro ho iiudu it most expedient . When tho lioonso of a publican or the lesseeof thoatro is taken ho is thus primarily and directly
doa away , prived of the means of euruing his living , at the business ho understands , and in tho place boat suited for it , I ho direct tendeuoy of this is , by depriving him of . the moans ok « -ottin « a living by a recognised legitimate vocation , to drive him into illicit ooursew of gaining a livelihood . It is a premium upon oviine ; a sure way of manufacturing law-broal < ors . Moreover , as a woventivo or a punishment for bad oouduot , tho systuin ib nugatory , and misses the very end it niins at , while its penalties fall upon the inaooont as well as , tho guilty . A disorderly- house mav . under this system , bo carried on with impunity until the nuwaiwo
lioeusing term ooines round , to the ana nrmoyuuou or me neighbourhood , wliunuw tho specillo olJunyu ought to bo immodiafoly abated ami punished . Thou not only the o lending tenant , butthe iauooont ownor of tho promise * may sutler 5 and uothe only , but the whole neighbourhood , through tho promises being Bh Th . oFo aro a fow of the ooiwidovaUwis that tMokon round , the subject tho mow it ? ie oonw d , erod } for wo have yet to maxoato the
flagrant and infamous collusion , bribery , favouritism , and undue influence and preference of ' every possible description , that agglomerate round this nucleus of mischief . Once again , production , " in the widest sense , -whether as exhibited in providing- amusement and refreshment for the public in theatres and taverns , or in providing bread and meat , ought to be perfectly free ; and offences committed by publicans and managers , in tlio course of busines . s ought to be punished by specific penalties , just like offences committed by other pei-sons . "We do not take away the means of gaining a livelihood by the legal trade he understands , from the butcher because he was cruel to a sheep ; We punish him for that specific offence by a specific penalty . If . a particular calling is detrimental to the wellbcing of society , it should be abolished
and prohibited altogether , not suffered to be carried on to the injury and damage of . the public by those who are rich enough I to pay for the privileged nuisance . But it is not pretended in | the present ease that public amusements and refreshment ! houses ( for inns and taverns are nothing else ) , come within ' this catcg-ory . That public places where large numbers of persons resort arc fit places for the special pretence of the police , is exemplified by their attendance at large commercial establishments , such as Hhoolbrcd ' s , in Tottenhum-courfc-road ; I or at the I 5 ritish Museum , or in the Houses of Parliament , But this is
or at St . James ' s-hall on a concert night , & e . simply for purposes of protection , and is a very harmless---indeed , beneficial ' necessity , in our present state of samtai-mn develop- ' j ment . The pretence that the . " constituted authorities " are tho best judges whether a place of amusement or refresh ment is i Arantcd in this or that neighbourhood , is too tvansptuently ridiculous a ' fallacy tw need any serious refutation ; it is tho old exploded sophism that formed the very root of that abominable system of << protection , '' « £ /«* " monopoly and prohibition , that every man of common sense has abandoned in theory , though a moiuderhiar . rai ? or two practically exists ,, ami has yet , to be con- . howeveris
! signed to the ' economical dusthole . 'This , sophism ,, ,, - I quite consistently in keeping with the former . The system we 1 arc exposing inflicts anticipatory penalties beforehand on the rasn . ¦ I presumption of an'offence ¦ that may never ho committed at . all , ' and when it is committed , the penalties fail of their e fleet and i defeat themselves , partly by falling- on the innocent instead ot tlie i o-uilty ; partly bv driving tho offender to illicit courses tor a \ livelihood , -when ill punishments ought tj be reformatory ;; partly I by not operating to-cheek the offence at the proper tune . It is I - quite of a wieee with this logical obliquity and invertedness of ! view to hold that a man ought not to bo loft free to trade as lie I deems best , but that somebody else should dictate to him how i and where he shall trade , and that this " somebody ' shall be I somebody least . of all likely to be qualified , for determining | namely the authorities . We vaunt our boasted freedom ; Byron : has told us that whatever an Eim'lishimui may brook , he will not
1 brook any interfVivnec ; with his breeches pocket ; but tho facts we i allude to—our monstrous system of inequitable taxation and financial despotism—argue in a totally opposite direction . As to the question of " practical expediency , "— -how iw n may be expedient to reduce tho true theory enounced above into actuaL practice , we would briefly observe that , in general , " what is right must be expedient ; what is wroi . ijy can never be expedient , bupnoso it urm-d , for instance , that tlio emancipation ot the American slaves would be attended with prejudicial consequences oven to the slaves themselves ; would those- consequences , as a ohoioo ot evils , bo worse than the consoqueuces of tlio present system—thai unsettled , feverish state of thin-s , even on tho brink yt a civil war and a sevoranr-e of the Union ? And this , even as regards tho iMuictlinlr results ; but if we take tlio permanent view , can anyone doubtthatin the Jon , / , ; i » , tho ovil » arising from instant ust in
, , abolition would bo infinitely less than those which m - evitably bo consequent upon keeping things junt as they arc f ( We uro . morely taking thesu oxtrumoH as an illustrative example ; the solution of tlio slave dimou-lty vesolvos itaoll into tho dominant race following tho dictates of enlightened sull-love , and initiating ti beiHloont gradual in-oparaticm ol their slaves lor fn-edoin . ) We say then , as a qunsf . ion of practical expediency , it b inihuluglu'stdt-Kroo inespedicut to jnumtam that opyrost omasculates diama
» ivo nuisamv , tho licensing system . I our , nnd tends to oripple our onuneroo . Tlio idea of going to such tui ollloo as tho Lnun Cham nkiu . ai . n ^ -an rffhtv suioouro , tho duties ot which wore , oven in tho luxuriance of their puliny days , only those of an upper immiul , the rr , t » ur «/ tip of the productions ot men like in-iwvu and Siiisiui . A . v K . Nowuw-iBtho sublime of the ridiculous , ami tlio aomo of inooiiHiHtonoy . AVhy not a general eeiiHor-Hhlu of the proHh ? And we talk of tho oonsowhip in Fruuoq , as ' our npooul one , hold in check an it partially is by publij oniuion , wore not iii princi p le just a * indefensible , and a tbouaond timus niore inconsistent . The anomaly is luiff [ toned by tho foot , i , , i j :.. ii ... l 4- i : irr , l , r ,, 1 nnr > iwlinvo il . lhol WOUW OO I'UMitodu >» - - ^ -
L lilt tUO HUlire IT liiu xtivvjj' " « u « ,, „ ... , n ,, flini > islied , and ? f it wore no publUhou , there lj not moro ^ | ^ p printer , and publisher to oomo upon , butt hG " "' S " . " ^ ;^ triotur ol' the thoatro Into tho . ba ^ lu . Tho ^ " ^ ^ nation Wo " ham . and its oxlstonoo is a soamlal to o » i « " antt nj v K have dl-ousBod th « pnon . l Fino plo a , ono fe « t pu ^ importunoo . NYo nn ^ ht add , by wj ° , ... Vli K . T . oll / eient and long-tried outoivr U ll «; ^ j . " 1 ' oioistor-^ oZ aTcs ^ sa ?! ^ i ^ j ^ iT ^ r ^ ± ^ t ± ;« ssf ^^ yim ^ w •* ^ risk oX refusal uwd yrvat pyciinmiT w »»«
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Citation
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Leader (1850-1860), Oct. 20, 1860, page 7, in the Nineteenth-Century Serials Edition (2008; 2018) ncse2.kdl.kcl.ac.uk/periodicals/l/issues/cld_20101860/page/7/
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