to it, had also unloosened all traditional family ties. The rights of the children had to be proclaimed. The final report of the Ch. Empl. Comm. of 1866, states: "It is unhappily, to a painful degree, apparent throughout the whole of the evidence, that against no persons do the children of both sexes so much require protection as against their parents." The system of unlimited exploitation of children's labour in general and the so-called home-labour in particular is "maintained only because the parents are able, without check or control, to exercise this arbitrary and mischievous power over their young and tender offspring.... Parents must not possess the absolute power of making their children mere 'machines to earn so much weekly wage....' The children and young persons, therefore, in all such cases may justifiably claim from the legislature, as a natural right, that an exemption should be secured to them, from what destroys prematurely their physical strength, and lowers them in the scale of intellectual and moral beings."²³¹ It was not, however, the misuse of parental authority that created the capitalistic exploitation, whether direct or indirect, of children's labour; but, on the contrary, it was the capitalistic mode of exploitation which, by sweeping away the economic basis of parental authority, made its exercise degenerate into a mischievous misuse of power. However terrible and disgusting the dissolution, under the capitalist system, of the old family ties may appear, nevertheless, modern industry, by assigning as it does an important part in the process of production, outside the domestic sphere, to women, to young persons, and to children of both sexes, creates a new economic foundation for a higher form of the family and of the relations between the sexes. It is, of course, just as absurd to hold the Teutonic-Christian form of the family to be absolute and final as it would be to apply that character to the ancient Roman, the ancient Greek, or the Eastern forms which, moreover, taken together form a series in historical development. Moreover, it is obvious that the fact of the collective working group being composed of individuals of both sexes and all ages, must necessarily, under suitable conditions, become a source of humane development; although in its spontaneously developed, brutal, capitalistic form, where the labourer exists for the process of production, and not the process of production for the labourer, that fact is a pestiferous source of corruption and slavery.²³²

The necessity for a generalisation of the Factory Acts, for transforming them from an exceptional law relating to mechanical spinning and weaving — those first creations of machinery — into a law affecting social production as a whole, arose, as we have seen, from the mode in which Modern Industry was historically developed. In the rear of that industry, the traditional form of manufacture, of handicraft, and of domestic industry, is entirely revolutionised; manufactures are constantly passing into the factory system, and handicrafts into manufactures; and lastly, the spheres of handicraft and of the domestic industries become, in a, comparatively speaking, wonderfully short time, dens of misery in which capitalistic exploitation obtains free play for the wildest excesses. There are two circumstances that finally turn the scale: first, the constantly recurring experience that capital, so soon as it finds itself subject to legal control at one point, compensates itself all the more recklessly at other points;²³³ secondly, the cry of the capitalists for equality in the conditions of competition, i.e., for equal restrain on all exploitation of labour.²³⁴ On this point let us listen to two heart-broken cries. Messrs. Cooksley of Bristol, nail and chain, &c., manufacturers, spontaneously introduced the regulations of the Factory Act into their business. "As the old irregular system prevails in neighbouring works, the Messrs. Cooksley are subject to the disadvantage of having their boys enticed to continue their labour elsewhere after 6 p.m. ' This,' they naturally say, 'is an unjustice and loss to us, as it exhausts a portion of the boy's strength, of which we ought to have the full benefit."²³⁵ Mr. J. Simpson (paper box and bagmaker, London) states before the commissioners of the Ch. Empl. Comm.: "He would sign any petition for it" (legislative interference).... "As it was, he always felt restless at night, when he had closed his place, lest others should be working later than him and getting away his orders."²³⁶ Summarising, the Ch. Empl. Comm. says: "It would be unjust to the larger employers that their factories should be placed under regulation, while the hours of labour in the smaller places in their own branch of business were under no legislative restriction. And to the injustice arising from the unfair conditions of competition, in regard to hours, that would be created if the smaller places of work were exempt, would be added the disadvantage to the larger manufacturers, of finding their supply of juvenile and female labour drawn off to the places of work exempt from legislation. Further, a stimulus would be given to the multiplication of the smaller places of work, which are almost invariably the least favourable to the health, comfort, education, and general improvement of the people."²³⁷