What is risked by the continued existence of the law of Partnership, and what might be gained by its modification, are clearly put by Mr. J. M.

Ludlow, an eminent barrister:--"The example of those strikes which have been first agitating and then desolating the country for the last half-year (1853) is surely most instructive on this head. It cannot be doubted that, from the energies of the working cla.s.ses having been hitherto directed, it may be said, to the sole economic object of high wages, both the best paid and most prudent workmen have often been dragged, willingly or unwillingly, into these conflicts, of which some at least of the most benevolent employers have in like manner had to bear the brunt. But suppose a power given to the working men, by a relaxation of the laws of partnership, to invest their savings as _commandite_ partners in their employer's concern, how different might have been the result! Whenever an employer had really deserved the confidence of his work-people, all the most industrious amongst them might have grown bound up as _commandite_ partners with the interests of the establishment, having no longer for their object the raising of their own wages, but the prosperity of that business in the profits of which they would have a share--able on the one hand, as receivers of wages, to counsel the employer, their managing partner, as to any wise advance; able, on the other, as receivers of profits, to dissuade their fellow-workers from any injurious demand."[47]

Let us also hear the opinion of a practical merchant--Mr. George Warde Norman, a Director of the Bank of England: "The extreme difficulty, if not the legal impossibility in England, of giving clerks or workmen a salary proportioned to the profits of an employer, without making them partners in the widest sense, I consider a vast practical evil. It seems to me that the system thus checked is of so highly beneficial a nature, that it merits every encouragement that the law can give it. It would at once enable an earnest wish on the part of a portion of the operative cla.s.s to be met in a way most satisfactory to their feelings."[48]

However earnest and thinking men may differ as to the legislative means of effecting a more perfect union of skill and capital, it is a prayer in which all good men unite, that the condition of the working-cla.s.ses may be more and more improved,--that their outward circ.u.mstances may be made better and better. But those who labour the steadiest, and the most zealously, in the endeavour to realize this hope, feel that the day of this amelioration is far removed by perpetual contests between the employed and the employers, which impede production and diminish the funds for the support of labour. They know that every improvement in the arts of life improves also the condition of the humblest working-man in the land; and they also know that every successive improvement has a tendency to lessen the inequality in the distribution of wealth. But, if the condition of the working-men of these kingdoms is to be permanently improved,--if they are to obtain a full share of the blessings which science and industry confer upon mankind,--they must win those blessings by their own moral elevation. They cannot s.n.a.t.c.h them by violence; they cannot accomplish them suddenly by clamour; they cannot overthrow a thousand opposing circ.u.mstances to a great and rapid rise of wages; they must win them by peaceful and steady exertion. When the working-men of this country shall feel, as the larger portion of them already feel, that Knowledge is Power, they will next set about to see how that power shall be exercised. The first tyranny which that power must hold in check is the tyranny of evil habits--those habits which, looking only to the present hour, at one time plunge some into all the thoughtless extravagance which belongs to a state of high wages--at another, throw them prostrate before their employers, in all the misery and degradation which accompany a state of low wages, without a provision for that state. It is for them, and for them alone, to equalize the two conditions. The changes of trade, in a highly commercial country like this, must be incessant. It is for the workmen themselves to put a "_governor_" on the commercial machine, as far as they are concerned; in a season of prosperity to acc.u.mulate the power of capital--in a season of adversity to use effectively, because temperately, that power which they have won for themselves.

But there are other duties to be performed, in another direction--the duties of employers. That duty does not consist in making servants partners, if the employers have no inclination thereto. It does not consist in attempting any private benevolence, by raising the rate of wages paid by their own firms beyond the average rate, which attempt would be ruinous to both cla.s.ses interested. But it does consist in exercising the means within their power to benefit the condition of all in their employ, by cultivating every sympathy with them that may be the real expression of a community of interests. Such sympathy is manifested when large firms devote a considerable portion of their profits to the education of the young persons employed in their factories; when they cultivate the intelligent pleasures of their adult work-people; when, in a word, they make the factory system a beautiful instrument for raising the whole body of their labourers into a real equality, in all the moral and intellectual conditions of our nature, with themselves the captains of industry. When those duties are attended to, there may be common misfortunes; demand may fall off; the machinery, whether of steam or of mind, may be imperfectly in action; the season of adversity may bring discomfort. But it will not bring animosity. There may be deep anxieties on one part, and severe privations on the other, but there will not be hatreds and jealousies,--the cold neglect, and the grim despair.

"We know the arduous strife, the eternal laws, To which the triumph of all good is given: High sacrifice, and labour without pause, Even to the death."

[46] The subject of itinerant traders is treated fully in an article by the author of 'Knowledge is Power,' in a paper in 'London,' vol. i.

A portion of that article is here reprinted, with some alterations.

[47] First Report of Mercantile Law Commission, 1854.

[48] Ibid.