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464
Capitalist Production.

of by the bourgeoisie, and unaccompanied by the still more approved representative system, this code is but the capitalistic caricature of that social regulation of the labour-process which becomes requisite in co-operation on a great scale, and in the employment in common, of instruments of labour and especially of machinery. The place of the slave driver’s lash is taken by the overlooker’s book of penalties. All punishments naturally resolve themselves into fines and deductions from wages, and the law-giving talent of the factory Lycurgus so arranges matters, that a violation of his laws is, if possible, more profitable to him than the keeping of them.[1]

  1. “The slavery in which the bourgeoisie has bound the proletariat, comes nowhere more plainly into daylight than in the factory system. In it all freedom comes to an end both at law and in fact. The workman must be in the factory at half past five. If he come a few minutes late, he is punished; if he come 10 minutes late, he is not allowed to enter until after breakfast, and thns loses a quarter of a day’s wage. He must eat, drink and sleep at word of command.… The despotic bell calls him from his hed, calls him from breakfast and dinner. And how does he fare in the mill? There the master is the absolute law-giver. He makes what regulations he pleases; he alters and makes additions to his code at pleasure; and if he insert the veriest nonsense, the courts say to the workman: Since you have entered into this contract voluntarily, you must now carry it out.… These workmen are condemned to live, from their ninth year till their death, under this mental and bodily torture.” (F. Engels l. c., p. 217, sq.) What, “the courts say,” I will illustrate by two examples. One occurs at Sheffield at the end of 1866. In that town a workman had engaged himself for 2 years in a steelworks. In consequence of a quarrel with his employer he left the works, and declared that under no circumstances would he work for that master any more. He was prosecuted for breach of contract, and condemned to two months’ imprisonment. (If the master break the contract, he can be proceeded against only in a civil action, and risks nothing but money damages). After the workman has served his two months, the master invites him to return to the works, pursuant to the contract. Workman says; no: he has already been punished for the breach. The master prosecutes again, the court condemns again, although one of the judges, Mr. Shee, publicly denounces this as a legal monstrosity, by which a man can periodically, as long as he lives, be punished over and over again for the same offence or crime. This judgment was given not by the “Great Unpaid,” the provincial Dogberries, but by one of the highest courts of justice in London.

    Note to the 4th German edition.—This has now been abolished. With the exception of a few cases, for instance in public gas works, the English laborer has been placed on an equity with the employers in cases of contract breaking, and can be proceeded against only by the civil courts. F. E. —.

    The second case occurs in Wiltshire at the end of November 1863. About 30 power-loom weavers, in the employment of one Harrup, a cloth manufacturer at Leower’s Mill, Westbury Leigh, struck work because master Harrup indulged in the agreeable habit of making deductions from their wages for being late in the morning; 6d. for 2 minutes; 1s. for 3 minutes, and 1s. 6d. for ten minutes. This is at the rate of 9s. per hour, and £4 10s. 0d. per diem; while the wages of the weavers on the average of a year, never exceed 10s. to 12s, weekly. Harrup also appointed a boy to announce the starting time by 2 whistle, which he often did before six o’clock in the morning: and if the hands were not all there at the moment the whistle ceased, the doors were closed, and those hands who were outside were