d be right if
this were a mere question of trade: but it is a question of morality.
We prohibit you from disposing of your property in this particular mode,
because it is a mode which tends to encourage a most pernicious habit of
mind, a habit of mind incompatible with all the qualities on which the
well-being of individuals and of nations depends."
It must then, I think, be admitted that, where health is concerned, and
where morality is concerned, the State is justified in interfering with
the contracts of individuals. And, if this be admitted, it follows that
the case with which we now have to do is a case for interference.
Will it be denied that the health of a large part of the rising
generation may be seriously affected by the contracts which this bill
is intended to regulate? Can any man who has read the evidence which is
before us, can any man who has ever observed young people, can any man
who remembers his own sensations when he was young, doubt that twelve
hours a day of labour in a factory is too much for a lad of thirteen?
Or will it be denied that this is a question in which public morality is
concerned? Can any one doubt,--none, I am sure, of my friends around
me doubts,--that education is a matter of the highest importance to
the virtue and happiness of a people? Now we know that there can be no
education without leisure. It is evident that, after deducting from
the day twelve hours for labour in a factory, and the additional hours
necessary for exercise, refreshment, and repose, there will not remain
time enough for education.
I have now, I think, shown that this bill is not in principle
objectionable; and yet I have not touched the strongest part of our
case. I hold that, where public health is concerned, and where public
morality is concerned, the State may be justified in regulating even the
contracts of adults. But we propose to regulate only the contracts of
infants. Now, was there ever a civilised society in which the contracts
of infants were not under some regulation? Is there a single member of
this House who will say that a wealthy minor of thirteen ought to be at
perfect liberty to execute a conveyance of his estate, or to give a bond
for fifty thousand pounds? If anybody were so absurd as to say, "What
has the Legislature to do with the matter? Why cannot you leave trade
free? Why do you pretend to understand the boy's interest better than he
understands it?"--you would answer; "When h
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