CHAPTER II

THE STRUGGLE FOR EXISTENCE

[1799-1825]

The traditional history of the Trade Union Movement represents the

period prior to 1824 as one of unmitigated persecution and continuous

repression. Every Union that can nowadays claim an existence of

over a century possesses a romantic legend of its early years. The

midnight meeting of patriots in the corner of a field, the buried box

of records, the secret oath, the terms of imprisonment of the leading

officials--all these are in the sagas of the older Unions, and form

material out of which, in an age untroubled by historical criticism, a

semi-mythical origin might easily have been created. That the legend is

not without a basis of fact, we shall see in tracing the actual effect

upon the Trade Union Movement of the legal prohibitions of combinations

of wage-earners which prevailed throughout the United Kingdom up

to 1824. But we shall find that some combinations of journeymen

were at all times recognised by the law, that many others were only

spasmodically interfered with, and that the utmost rigour of the

Combination Laws was not felt until the far-reaching change of policy

marked by the severe Acts of 1799-1800, which applied to all industries

whatsoever. This will lead us naturally to the story of the repeal of

the whole series of Combination Laws in 1824-5, the most impressive

event in the early history of the movement.

There is a clear distinction--at any rate, as regards England--between

the various statutes which forbade combination prior to the end of the

eighteenth century, and the general Combination Acts of 1799-1800. In

the numerous earlier Acts recited and repealed in 1824 the prohibition

of combination was in all cases incidental to the regulation of the

industry. It was assumed to be the business of Parliament and the law

courts to regulate the conditions of labour; and combinations could,

no more than individuals, be permitted to interfere in disputes for

which a legal remedy was provided. The object primarily aimed at by

the statutes was not the prohibition of combinations, but the fixing

of wages, the prevention of embezzlement or damage, the enforcement of

the contract of service or the proper arrangements for apprenticeship.

And although combinations to interfere with these statutory aims were

obviously illegal, and were usually expressly prohibited, it was an

incidental result that combinations formed to promote the objects of

the legislation, however objectionable they might be to employers, were

apparently not regarded as unlawful.[111]

Thus one of the earliest types of combination among journeymen--the

society to enforce the law--seems always to have been tacitly accepted

as permissible. Although it is probable that such associations came

technically within the definitions of combination and conspiracy,

whether under the common law or the early statutes, we know of

no case in which they were indicted as illegal. We have already

described, for instance, how, in 1726, the woollen weavers of

Wiltshire and Somersetshire openly combined to present a petition to

the King in Council against their masters, the broad clothiers. The

Privy Council, far from deeming the action of the weavers illegal,

considered and dealt with their complaint. And when the employers

persisted in disobeying the law, we have seen how, in 1756, the

Fraternity of Woollen Clothweavers petitioned the House of Commons

to make more effectual the power of the justices to fix wages, and

obtained a new Act of Parliament in accordance with their desires.

The almost perpetual combinations of the framework knitters between

1710 and 1800 were never made the subject of legal proceedings. The

combinations of the London silkweavers obtained a virtual sanction

by the Spitalfields Acts, under which the delegates of the workmen’s

organisations regularly appeared before the justices, who fixed and

revised the piecework prices. Even in 1808, after the stringency of

the law against combinations had been greatly increased, the Glasgow

and Lancashire cotton-weavers were permitted openly to combine for the

purpose of seeking a legal fixing of wages, with the results already

described. Nor was it only the combination to obtain a legally fixed

rate of wages that was left unmolested by the law. Combinations to

put in force the sections of the Statute of Apprentices (5 Eliz. c.

4), or other prohibitions of the employment of “illegal workmen,”

occurred at intervals down to 1813. In 1749 a club of journeymen

painters of the City of London proceeded against a master painter

for employing a non-freeman; and the proceedings led, in 1750, to

a conference of thirty journeymen and thirty masters with the City

Corporation, at which the regulations were altered.[112] No one seems

to have questioned the legality of the 1811-13 outburst of combinations

to prosecute masters who had not served an apprenticeship, or who

were employing unapprenticed workmen. One reason, doubtless, for the

immunity of combinations to enforce the law was that they included

employers and sympathisers of all ranks. For instance, the combinations

in 1811-13 to enforce the apprenticeship laws comprised both masters

and journeymen, who were equally aggrieved by the competition of the

new capitalist and his “hirelings.”[113] The Yorkshire Clothiers’

Community, or “Brief Institution,” to which reference has already been

made, included, in some of its ramifications, the “domestic” master

manufacturers, who fought side by side with the journeymen against the

new factory system.

On the other hand, combinations of journeymen to regulate for

themselves their wages and conditions of employment stood, from

the first, on a different footing. The common law doctrine of the

illegality of proceedings “in restraint of trade,” as subsequently

interpreted by the judges, of itself made illegal all combinations

whatsoever of journeymen to regulate the conditions of their work.

Moreover, with the regulation by law of wages and the conditions of

employment, any combination to resist the order of the justices on

these matters was obviously of the nature of rebellion, and was, in

fact, put down like any individual disobedience of the law. Nor was

express statute law against combinations wanting. The statute of 1305,

entitled, “Who be Conspirators and who be Champertors” (33 Edw. I.

st. 2), was in 1818 held to apply to a combination to raise wages

among cotton-spinners, whose leaders were sentenced to two years’

imprisonment under this Act. The “Bill of Conspiracies of Victuallers

and Craftsmen” of 1549 (2 and 3 Edw. VI. c. 15), though aimed primarily

at combinations to keep up the prices charged to consumers, clearly

includes within its prohibitions any combinations of journeymen

craftsmen to keep up wages or reduce hours.

It is some proof of the novelty of the workmen’s combinations in the

early part of the eighteenth century, that neither the employers nor

the authorities thought at first of resorting to the very sufficient

powers of the existing law against them. When, in 1720, the master

tailors of London found themselves confronted with an organised

body of journeymen claiming to make a collective bargain, seriously

“in restraint of trade,” they turned, not to the law courts, but to

Parliament for protection, and obtained, as we have seen, the Act “for

regulating the Journeymen Tailors within the bills of mortality” (7

Geo. I. st. 1, c. 13, amended by 8 Geo. III. c. 17).[114] Similarly,

when the clothiers of the West of England began between 1717 and

1725 to be inconvenienced by the “riotous and tumultuous clubs and

societies” of woolcombers and weavers, who made bye-laws and maintained

a Standard Rate,[115] they did not put in force the existing law, but

successfully petitioned Parliament for the Act “to prevent unlawful

combinations of workmen employed in the Woollen Manufactures” (12 Geo.

I. c. 34). Indeed, prior to the general Acts of 1799 and 1800 against

all combinations of journeymen, Parliament was, from the beginning

of the eighteenth century, perpetually enacting statutes forbidding

combinations in particular trades.[116]

In the English statutes this prohibition of combination was, as we have

seen, only a secondary feature, incidental to the main purpose of the

law. The case is different with regard to the early Irish Acts, the

terms of which point to a much sharper cleavage between masters and

men, due, perhaps, to difference of religion and race. The very first

statute against combinations which was passed by the Irish Parliament,

the Act of 1729 (3 Geo. II. c. 14), contained no provisions protecting

the wage-earner, and prohibited combinations in all trades whatsoever.

The Act of 1743 (17 Geo. II. c. 8), called forth by the failure of

the previous prohibition, equally confined itself to drastic penal

measures, including the punishment of the keepers of the public-houses

which were used for meetings. But in later years the English practice

seems to have been followed; for the laws of 1758 (31 Geo. II. c.

17), 1763 (3 Geo. III. 34, sec. 23), 1771 (11 and 12 Geo. III. c. 18,

sec. 40, and c. 33), and 1779 (19 and 20 Geo. III. c. 19, c. 24, and

c. 36) provide for the fixing of wages, and contain other regulations

of industry, amongst which the prohibition of combinations comes as a

matter of course.

By the end of the century, at any rate, the common law, both in England

and in Ireland, had been brought to the aid of the special statutes,

and the judges were ruling that any conspiracy to do an act which

they considered unlawful in a combination, even if not criminal in an

individual, was against the common law. Soon the legislature followed

suit. In 1799 the Act 39 Geo. III. c. 81 expressly penalised all

combinations whatsoever.

The grounds for this drastic measure appear to have been found in the

marked increase of Trade Unionism among workers of various kinds. The

operatives’ combinations were regarded as being in the nature of mutiny

against their employers and masters; destructive of the “discipline”

necessary to the expansion of trade; and interfering with the right of

the employer to “do what he liked with his own.” The immediate occasion

was a petition from London engineering employers, complaining of an

alarming strike of the millwrights. This led to a Bill suppressing

combination in the engineering trade, which was passed by the House of

Commons, in spite of the protests of Sir Francis Burdett and Benjamin

Hobhouse. The measure was, however, dropped in the House of Lords in

favour of a more comprehensive Bill, applicable to all trades, which

Whitbread had suggested. This was introduced on June 17, 1799, by

William Pitt himself, then Chancellor of the Exchequer, who referred

to the alarming growth of combination, not merely in the Metropolis but

also in the north of England. Subsequent stages of the Bill were moved

by George Rose, another member of the Administration; and the measure

was hurried through all its stages in both Houses with great rapidity,

receiving the Royal Assent only twenty-four days after its introduction

into the House of Commons. There was therefore little opportunity for

any effective demonstration against its provisions, but the Journeymen

Calico-printers’ Society of London petitioned against the measure, and

instructed counsel to put forward their objections. They represented

that, although the Bill professed merely “to prevent unlawful

combinations,” it created “new crimes of so indefinite a nature that no

one journeyman or workman will be safe in holding any conversation with

another on the subject of his trade or employment.” Only a few other

petitions were presented, and, though Benjamin Hobhouse opposed it in

the Commons and Lord Holland in the Lords, the Bill passed unaltered

into law.[117]

But the struggle was not yet over. The employers were not satisfied

with the 1799 Act; and _The Times_ announced in January 1800 that “one

of the first Acts of the Imperial Parliament [of the United Kingdom]

will be for the prevention of conspiracies among journeymen tradesmen

to raise their wages. All benefit clubs and societies are to be

immediately suppressed.”[118] On the other hand, the trade clubs in

all parts of the country poured in petitions of protest; and the Whig

and Tory members for Liverpool, General Tarleton and Colonel Gascoyne,

among whose constituents were the strongly combined shipwrights, who

were freemen and Parliamentary electors, united to bring in an amending

Bill. This was supported in a series of brilliant speeches by Sheridan,

whose attempts to reduce to a minimum the mischief of the 1799 Act were

strenuously resisted by Pitt and the Law Officers of the Crown. The

petitions were considered by a Committee, which recommended certain

amendments. Two justices were substituted for one as the tribunal;

no justice engaged in the same trade as the defendant could act;

the qualifying words “wilfully and maliciously” were introduced in

the description of the offences. A clause protecting trade friendly

societies was proposed but eventually rejected. A particularly odious

feature of the 1799 Act, under which defendants were required to give

evidence against themselves under severe penalties for refusal, was

left unaltered. A series of interesting clauses providing for the

reference of wage disputes to arbitration--copied from the contemporary

Act relating to the cotton trade[119]--aroused great opposition, as

tending “to fix wages” and as involving the recognition of the Trade

Union representative, but they were finally adopted; without, so far as

we are aware, ever being put in force.[120]

The general Combination Act of 1800 was not merely the codification

of existing laws, or their extension from particular trades to the

whole field of industry. It represented a new and momentous departure.

Hitherto the central or local authority had acted as a court of appeal

on all questions affecting the work and wages of the citizen. If the

master and journeyman failed to agree as to what constituted a fair

day’s wage for a fair day’s work, the higgling of the market was

peremptorily superseded by the authoritative determination, presumably

on grounds of social expediency, of the standard of remuneration.

Probably the actual fixing of wages by justices of the peace fell very

rapidly into disuse as regards the majority of industries, although

formal orders are found in the minutes of Quarter Sessions during

the first quarter of the nineteenth century, and deep traces of the

practice long survived in the customary rates of hiring. Towards the

end of the eighteenth century, at any rate, free bargaining between the

capitalist and his workmen became practically the sole method of fixing

wages. Then it was that the gross injustice of prohibiting combinations

of journeymen became apparent. “A single master,” said Lord Jeffrey,

“was at liberty at any time to turn off the whole of his workmen at

once--100 or 1000 in number--if they would not accept of the wages he

chose to offer. But it was made an offence for the whole of the workmen

to leave that master at once if he refused to give the wages they

chose to require.”[121] What was even more oppressive in practice was

the employers’ use of the threat of prosecution to prevent even the

beginnings of resistance among the workmen to any reduction of wages or

worsening of conditions.

It is true that the law forbade combinations of employers as well as

combinations of journeymen. Even if it had been impartially carried

out, there would still have remained the inequality due to the fact

that, in the new system of industry, a single employer was himself

equivalent to a very numerous combination. But the hand of justice

was not impartial. The “tacit, but constant” combination of employers

to depress wages, to which Adam Smith refers, could not be reached by

the law. Nor was there any disposition on the part of the magistrates

or the judges to find the masters guilty, even in cases of flagrant or

avowed combination. No one prosecuted the master cutlers who, in 1814,

openly formed the Sheffield Mercantile and Manufacturing Union, having

for its main rule that no merchant or manufacturer should pay higher

prices for any article of Sheffield make than were current in the

preceding year, with a penalty of £100 for each contravention of this

illegal agreement.[122] During the whole epoch of repression, whilst

thousands of journeymen suffered for the crime of combination, there

is no case on record in which an employer was punished for the same

offence.

To the ordinary politician a combination of employers and a combination

of workmen seemed in no way comparable. The former was, at most, an

industrial misdemeanour: the latter was in all cases a political crime.

Under the shadow of the French Revolution, the English governing

classes regarded all associations of the common people with the utmost

alarm. In this general terror lest insubordination should develop into

rebellion were merged both the capitalist’s objection to high wages and

the politician’s dislike of Democratic institutions. The Combination

Laws, as Francis Place tells us, “were considered as absolutely

necessary to prevent ruinous extortions of workmen, which, if not

thus restrained, would destroy the whole of the Trade, Manufactures,

Commerce, and Agriculture of the nation.... This led to the conclusion

that the workmen were the most unprincipled of mankind. Hence the

continued ill-will, suspicion, and in almost every possible way the

bad conduct of workmen and their employers towards one another. So

thoroughly was this false notion entertained that whenever men were

prosecuted to conviction for having combined to regulate their wages

or the hours of working, however heavy the sentence passed on them was,

and however rigorously it was inflicted, not the slightest feeling of

compassion was manifested by anybody for the unfortunate sufferers.

Justice was entirely out of the question: they could seldom obtain a

hearing before a magistrate, never without impatience or insult; and

never could they calculate on even an approximation to a rational

conclusion.... Could an accurate account be given of proceedings, of

hearings before magistrates, trials at sessions and in the Court of

King’s Bench, the gross injustice, the foul invective, and terrible

punishments inflicted would not, after a few years have passed away, be

credited on any but the best evidence.”[123]

It must not, however, be supposed that every combination was made the

subject of prosecution, or that the Trade Union leader of the period

passed his whole life in gaol. Owing to the extremely inefficient

organisation of the English police, and the absence of any public

prosecutor, a combination was usually let alone until some employer

was sufficiently inconvenienced by its operations to be willing

himself to set the law in motion. In many cases we find employers

apparently accepting or conniving at their men’s combinations.[124]

The master printers in London not only recognised the very ancient

institution of the “chapel,” but evidently found it convenient, at

any rate from 1785 onwards, to receive and consider proposals from

the journeymen as an organised body. In 1804 we even hear of a joint

committee consisting of an equal number of masters and journeymen,

authorised by their respective bodies to frame regulations for the

future payment of labour, and resulting in the elaborate “scale” of

1805, signed by both masters and men.[125] The London coopers had

a recognised organisation in 1813, in which year a list of prices

was agreed upon by representatives of the masters and men. This

list was revised in 1816 and 1819, without any one thinking of a

prosecution.[126] The Trade Union was openly reformed in 1821 as the

Philanthropic Society of Coopers. The London brushmakers in 1805 had “A

List of Prices agreed upon between the Masters and Journeymen,” which

is still extant. The framework knitters, and also the tailors of the

various villages in Nottinghamshire, were, from 1794 to 1810, in the

habit of freely meeting together, both masters and men, “to consider

of matters relative to the trade,” the conferences being convened by

public advertisement.[127] The minute books of the local Trade Union

of the carpenters of Preston for the years 1807 to 1824 chronicle an

apparently unconcealed and unmolested existence, in correspondence

with other carpenters’ societies throughout Lancashire. The accounts

contain no items for the expense of defending their officers against

prosecutions, whereas there are several payments for advertisements

and public meetings, and, be it added, a very large expenditure in

beer. And there is a lively tradition among the aged block printers

of Glasgow that, in their fathers’ time, when their very active Trade

Union exacted a fee of seven guineas from each new apprentice, this

money was always straightway drunk by the men of the print-field, the

employer taking his seat at the head of the table, and no work being

done by any one until the fund was exhausted. The calico-printers’

organisation appears, at the early part of the nineteenth century, to

have been one of the strongest and most complete of the Unions. In

an impressive pamphlet of 1815 the men are thus appealed to by the

employers: “We have by turns conceded what we ought all manfully to

have resisted, and you, elated with success, have been led on from

one extravagant demand to another, till the burden is become too

intolerable to be borne. You fix the number of our apprentices, and

oftentimes even the number of our journeymen. You dismiss certain

proportions of our hands, and will not allow others to come in their

stead. You stop all Surface Machines, and go the length even to destroy

the rollers before our face. You restrict the Cylinder Machine, and

even dictate the kind of pattern it is to print. You refuse, on urgent

occasions, to work by candlelight, and even compel our apprentices

to do the same. You dismiss our overlookers when they don’t suit

you; and force obnoxious servants into our employ. Lastly, you set

all subordination and good order at defiance, and instead of showing

deference and respect to your employers, treat them with personal

insult and contempt.”[128] Notwithstanding all this, no systematic

attempt appears to have been made to put down the calico-printers’

combination, and only one or two isolated prosecutions can be traced.

In Dublin, too, the cabinetmakers in the early part of the present

century were combined in a strong union called the Samaritan Society,

exclusively for trade purposes; “but though illegal, the employers

do not seem to have looked upon it with any great aversion; and when

on one occasion the chief constable had the men attending a meeting

arrested, the employers came forward to bail them. Indeed, they

professed that their object, though primarily to defend their own

interests against the masters, was also to defend the interests of

the masters against unprincipled journeymen. Many of the masters on

receiving the bill of a journeyman were in the habit of sending it

to the trades’ society committee to be taxed, after which the word

Committee was stamped upon it. One case was mentioned, when between

two and three pounds were knocked off a bill of about eight pounds

by the trade committee.”[129] And both in London and Edinburgh the

journeymen openly published, without fear of prosecution, elaborate

printed lists of piecework prices, compiled sometimes by a committee

of the men’s Trade Union, sometimes by a joint committee of employers

and employed.[130] “The London Cabinetmakers’ Union Book of Prices,”

of which editions were published in 1811 and 1824, was a costly

and elaborate work, with many plates, published “by a Committee of

Masters and Journeymen ... to prevent those litigations which have too

frequently existed in the trade.” Various supplements and “index keys”

to this work were published; and other similar lists exist. So lax was

the administration of the law that George White, the energetic clerk to

Hume’s Committee, asserted that the Act of 1800 had “been in general a

dead letter upon those artisans upon whom it was intended to have an

effect--namely, the shoemakers, printers, papermakers, shipbuilders,

tailors, etc., who have had their regular societies and houses of call,

as though no such Act was in existence; and in fact it would be almost

impossible for many of those trades to be carried on without such

societies, who are in general sick and travelling relief societies; and

the roads and parishes would be much pestered with these travelling

trades, who travel from want of employment, were it not for their

societies who relieve what they call tramps.”[131]

But although clubs of journeymen might be allowed to take, like the

London bookbinders, “a social pint of porter together,” and even, in

times of industrial peace, to provide for their tramps and perform all

the functions of a Trade Union, the employers had always the power of

meeting any demands by a prosecution. Even those trades in which we

have discovered evidence of the unmolested existence of combinations

furnish examples of the rigorous application of the law. In 1819 we

read of numerous prosecutions of cabinetmakers, hatters, ironfounders,

and other journeymen, nominally for leaving their work unfinished,

but really for the crime of combination.[132] In 1798 five journeymen

printers were indicted at the Old Bailey for conspiracy. The employers

had sent for the men’s leaders to discuss their proposals, when, as

it was complained, “the five defendants came, clothed as delegates,

representing themselves as the head of a Parliament as we may call it.”

The men were in fact members of a trade friendly society of pressmen

“held at the Crown, near St. Dunstan’s Church, Fleet Street,” which, as

the prosecuting counsel declared, “from its appearance certainly bore

no reproachable mark upon it. It was called a friendly society, but

by means of some wicked men among them this society degenerated into

a most abominable meeting for the purpose of a conspiracy; those of

the trade who did not join their society were summoned, and even the

apprentices, and were told unless they conformed to the practices of

these journeymen, when they came out of their times they should not be

employed.” Notwithstanding the fact that the employers had themselves

recognised and negotiated with the society, the Recorder sentenced all

the defendants to two years’ imprisonment.[133]

Twelve years later it was the brutality of another prosecution of

the compositors that impressed Francis Place with the necessity of

an alteration in the law. “The cruel persecutions,” he writes, “of

the Journeymen Printers employed in _The Times_ newspaper in 1810

were carried to an almost incredible extent. The judge who tried and

sentenced some of them was the Common Sergeant of London, Sir John

Sylvester, commonly known by the cognomen of ‘Bloody Black Jack.’... No

judge took more pains than did this judge on the unfortunate printers,

to make it appear that their offence was one of great enormity, to

beat down and alarm the really respectable men who had fallen into his

clutches, and on whom he inflicted scandalously severe sentences.”[134]

Nor did prosecution always depend on the caprice of an employer. In

December 1817 the Bolton constables, accidentally getting to know

that ten delegates of the calico-printers from the various districts

of the kingdom were to meet on New Year’s Day, arranged to arrest the

whole body and seize all their papers. The ten delegates suffered

three months’ imprisonment, although no dispute with their employers

was in progress.[135] But the main use of the law to the employers

was to checkmate strikes, and ward off demands for better conditions

of labour. Already, in 1786, the law of conspiracy had been strained

to convict, and punish with two years’ imprisonment, the five London

bookbinders who were leading a strike to reduce hours from twelve to

eleven.[136] When, at the Aberdeen Master Tailors’ Gild, in 1797, “it

was represented to the trade that their journeymen had entered into

an illegal combination for the purpose of raising their wages,” the

masters unanimously “agreed not to give any additional wages to their

servants,” and backed up this resolution of their own combination

by getting twelve journeymen prosecuted and fined for the crime of

combining.[137] In 1799 the success of the London shoemakers in

picketing obnoxious employers led to the prosecution of two of them,

which was made the means of inducing the men to consent to dissolve

their society, then seven years old, and return to work at once.[138]

Two other shoemakers of York were convicted in the same year for the

crime of “combining to raise the price of their labour in making

shoes, and refusing to make shoes under a certain price,” and counsel

said that “in every great town in the North combinations of this sort

existed.”[139] The coach-makers’ strike of 1819 was similarly stopped,

and the “Benevolent Society of Coachmakers” broken up by the conviction

of the general secretary and twenty other members, who were, upon

this condition, released on their own recognisances.[140] In 1819

some calico-engravers in the service of a Manchester firm protested

against the undue multiplication of apprentices by their employers,

and enforced their protest by declining to work. For this “conspiracy”

they were fined and imprisoned.[141] And though the master cutlers

were allowed, with impunity, to subscribe to the Sheffield Mercantile

and Manufacturing Union, which fixed the rates of wages, and brought

pressure to bear on recalcitrant employers, the numerous trade clubs of

the operatives were not left unmolested. In 1816 seven scissor-grinders

were sentenced to three months’ imprisonment for belonging to what

they called the “Misfortune Club,” which paid out-of-work benefit, and

sought to maintain the customary rates.[142]

But it was in the new textile industries that the weight of the

Combination Laws was chiefly felt. White and Henson describe the Act of

1800 as being in these trades “a tremendous millstone round the neck of

the local artisan, which has depressed and debased him to the earth:

every act which he has attempted, every measure that he has devised to

keep up or raise his wages, he has been told was illegal: the whole

force of the civil power and influence of the district has been exerted

against him because he was acting illegally: the magistrates, acting,

as they believed, in unison with the views of the legislature, to

check and keep down wages and combination, regarded, in almost every

instance, every attempt on the part of the artisan to ameliorate his

situation or support his station in society as a species of sedition

and resistance of the Government: every committee or active man among

them was regarded as a turbulent, dangerous instigator, whom it was

necessary to watch and crush if possible.”[143] To cite one only of

the instances, it was given in evidence before Hume’s Committee that

in 1818 certain Bolton millowners suggested to the operative weavers

that they should concert together to leave the employment of those who

paid below the current rate. Acting on this hint a meeting of forty

delegates took place, at which it was resolved to ask for the advance

agreed to by the good employers. A fortnight later the president

and the two secretaries were arrested, convicted of conspiracy,

and imprisoned for one and two years respectively, although their

employers gave evidence on the prisoners’ behalf to the effect that

they had themselves requested the men to attend the meeting, and had

approved the resolutions passed.[144] In the following year fifteen

cotton-spinners of Manchester, who had met “to receive contributions to

bury their dead,” under “Articles” sanctioned by Quarter Sessions in

1795, were seized in the committee-room by the police, and committed to

trial for conspiracy, bail being refused. After three or four months’

imprisonment they were brought to trial, the whole local bar--seven in

number--being briefed against them. Collections were made in London and

elsewhere (including the town of Lynn in Norfolk) for their defence.

The enrolment of their club as a friendly society availed little. It

was urged in court that “all societies, whether benefit societies or

otherwise, were only cloaks for the people of England to conspire

against the State,” and most of the defendants were sentenced to

varying terms of imprisonment.[145]

But the Scottish Weavers’ Strike of 1812, described in the preceding

chapter, is the most striking case of all. In the previous year certain

cotton-spinners had been convicted of combination and imprisoned,

the judge observing that there was a clear remedy in law, as the

magistrates had full power and authority to fix rates of wages or

settle disputes. In 1812 many of the employers refused to accept the

rates which the justices had declared as fair for weaving; and all

the weavers at the forty thousand looms between Aberdeen and Carlisle

struck to enforce the justices’ rates. The employers had already

made overtures through the sheriff of the county for a satisfactory

settlement when the Government arrested the central committee of

five, who were directing the proceedings. These men were sentenced

to periods of imprisonment varying from four to eighteen months; the

strike failed, and the association broke up.[146] The student of the

newspapers between 1800 and 1824 will find abundant record of judicial

barbarities, of which the cases cited above may be taken as samples.

No statistics exist as to the frequency of the prosecutions or the

severity of the sentences; but it is easy to understand, from such

reports as are available, the sullen resentment which the working class

suffered under these laws. Their repeal was a necessary preliminary

to the growth among the most oppressed sections of the workers of any

real power of protecting themselves, by Trade Union effort, against the

degradation of their Standard of Life.

The failure of the Combination Laws to suppress the somewhat

dictatorial Trade Unionism of the skilled handicraftsmen, and their

efficacy in preventing the growth of permanent Unions among other

sections of the workers, is explained by class distinctions, now

passed away or greatly modified, which prevailed at the beginning of

the present century. To-day, when we speak of “the aristocracy of

labour” we include under that heading the organised miners and factory

operatives of the North on the same superior footing as the skilled

handicraftsman. In 1800 they were at opposite extremes of the social

scale in the wage-earning class, the weaver and the miner being then

further removed from the handicraftsman than the docker or general

labourer is from the Lancashire cotton-spinner or Northumberland

hewer of to-day. The skilled artisans formed, at any rate in London,

an intermediate class between the shopkeeper and the great mass of

unorganised labourers or operatives in the new machine industries.

The substantial fees demanded all through the eighteenth century for

apprenticeship to the “crafts” had secured to the members and their

eldest sons a virtual monopoly.[147] Even after the repeal of the laws

requiring a formal apprenticeship some time had to elapse before the

supply of this class of handicraftsmen overtook the growing demand.

Thus we gather from the surviving records that these trades have

never been more completely organised in London than between 1800 and

1820.[148] We find the London hatters, coopers, curriers, compositors,

millwrights, and shipwrights maintaining earnings which, upon their

own showing, amounted to the comparatively large sum of thirty to

fifty shillings per week. At the same period the Lancashire weaver

or the Leicester hosier, in full competition with steam-power and

its accompaniment of female and child labour, could, even when fully

employed, earn barely ten shillings. We see this difference in the

Standard of Life reflected in the characters of the combinations formed

by the two classes.

In the skilled handicrafts, long accustomed to corporate government,

we find, even under repressive laws, no unlawful oaths, seditious

emblems, or other common paraphernalia of secret societies. The

London Brushmakers, whose Union apparently dates from the early

part of the eighteenth century, expressly insisted “that no person

shall be admitted a member who is not well affected to his present

Majesty and the Protestant Succession, and in good health and of a

respectable character.” But this loyalty was not inconsistent with

their subscribing to the funds of the 1831 agitation for the Reform

Bill.[149] The prevailing tone of the superior workmen down to 1848

was, in fact, strongly Radical; and their leaders took a prominent part

in all the working-class politics of the time. From their ranks came

such organisers as Place, Lovett, and Gast.[150] But wherever we have

been able to gain any idea of their proceedings, their trade clubs were

free from anything that could now be conceived as political sedition.

It was these clubs of handicraftsmen that formed the backbone of the

various “central committees” which dealt with the main topics of Trade

Unionism during the next thirty years. They it was who furnished such

assistance as was given by working men to the movement for the repeal

of the Combination Laws. And their influence gave a certain dignity and

stability to the Trade Union Movement, without which, under hostile

governments, it could never have emerged from the petulant rebellions

of hunger-strikes and machine-breaking.

The principal effect of the Combination Laws on these well-organised

handicrafts in London, Liverpool, Dublin, and perhaps other towns,

was to make the internal discipline more rigid and the treatment of

non-unionists more arbitrary. Place describes how “in these societies

there are some few individuals who possess the confidence of their

fellows, and when any matter relating to the trade has been talked

over, either at the club or in a separate room, or in a workshop or a

yard, and the matter has become notorious, these men are expected to

direct what shall be done, and they do direct--simply by a hint. On

this the men act; and one and all support those who may be thrown out

of work or otherwise inconvenienced. If matters were to be discussed

as gentlemen seem to suppose they must be, no resolution would ever be

come to. The influence of the men alluded to would soon cease if the

law were repealed. It is the law and the law alone which causes the

confidence of the men to be given to their leaders. Those who direct

are not known to the body, and not one man in twenty, perhaps, knows

the person of any one who directs. It is a rule among them to ask no

questions, and another rule among them who know most, either to give no

answer if questioned, or an answer to mislead.”[151]

In the new machine industries, on the other hand, the repeated

reductions of wages, the rapid alterations of processes, and the

substitution of women and children for adult male workers, had

gradually reduced the workers to a condition of miserable poverty.

The reports of Parliamentary committees, from 1800 onward, contain a

dreary record of the steady degradation of the Standard of Life in the

textile industries. “The sufferings of persons employed in the cotton

manufacture,” Place writes of this period, “were beyond credibility:

they were drawn into combinations, betrayed, prosecuted, convicted,

sentenced, and monstrously severe punishments inflicted on them: they

were reduced to and kept in the most wretched state of existence.”[152]

Their employers, instead of being, as in the older handicrafts, little

more than master workmen, recognising the customary Standard of Life

of their journeymen, were often capitalist _entrepreneurs_, devoting

their whole energies to the commercial side of the business, and

leaving their managers to buy labour in the market at the cheapest

possible rate. This labour was recruited from all localities and many

different occupations. It was brigaded and controlled by despotic

laws, enforced by numerous fines and disciplinary deductions. Cases of

gross tyranny and heartless cruelty are not wanting. Without a common

standard, a common tradition, or mutual confidence, the workers in

the new mills were helpless against their masters. Their ephemeral

combinations and frequent strikes were, as a rule, only passionate

struggles to maintain a bare subsistence wage. In place of the steady

organised resistance to encroachments maintained by the handicraftsmen,

we watch, in the machine industries, the alternation of outbursts of

machine-breaking and outrages, with intervals of abject submission and

reckless competition with each other for employment. In the conduct

of such organisation as there was, repressive laws had, with the

operatives as with the London artisans, the effect of throwing great

power into the hands of a few men. These leaders were implicitly obeyed

in times of industrial conflict, but the repeated defeats which they

were unable to avert prevented that growth of confidence which is

indispensable for permanent organisation.[153] Both leaders and rank

and file, too, were largely implicated in political seditions, and were

the victims of spies and Ministerial emissaries of all sorts. All these

circumstances led to the prevalence among them of fearful oaths, mystic

initiation rites, and other manifestations of a sensationalism which

was sometimes puerile and sometimes criminal.

The most notorious of these “seditions,” about which little is really

known, was the “Luddite” upheaval of 1811-12, when riotous mobs of

manual workers, acting under some sort of organisation, went about

destroying textile machinery and sometimes wrecking factories. To what

extent this had any direct connection with the Trade Union Movement

seems to us, pending more penetrating investigation of the unpublished

evidence, somewhat uncertain. That the operatives very generally

sympathised with the most violent protest against the displacement

of hand labour by machinery, and the extreme distress which it was

causing, is clear. The Luddite movement apparently began among the

Framework-knitters, who had long been organised in local clubs, with

some rudimentary federal bond; and the whole direction of the Luddites

was often ascribed, as by the Mayor of Leicester in 1812, to “the

Committee of Framework-knitters, who have as complete an organisation

of the whole body as you could have of a regiment.”[154] But money

was collected from men of other trades, notably bricklayers, masons,

spinners, weavers, and colliers, as well as from the soldiers in some

of the regiments stationed at provincial centres; and such evidence

as we have found points rather to a widespread secret oath-bound

conspiracy, not of the men of any one trade, but of wage-earners of all

kinds. We find an informer stating (June 22, 1812), with what truth

we know not, “that the Union extends from London to Nottingham, and

from thence to Manchester and Carlisle. Small towns lying between the

principal places are not yet organised, such as Garstang and Burton.

Only some of the trades have taken the first oath. He says there is a

second oath taken by suspicious persons.”[155] On the other hand, it

looks as if the various local Trade Clubs were made use of, in some

cases informally, as agents or branches of the conspiracy.

General Maitland, writing from Buxton (June 22, 1812) to the Home

Secretary, says that, in his opinion, “the whole of this business ...

originated in those constant efforts made by these associations for

many years past to keep up the price of the manufacturers’ wages; that

finding their efforts for this unavailing, both from the circumstances

of the trade and the high price of provisions, they in a moment of

irritation, for which it is but just to say they had considerable

ground from the real state of distress in which they were placed ...

began to think of effecting that by force which they had ever been

trying to do by other means; and that in this state the oath was

introduced.... I believe the whole to be, certainly a most mischievous,

but undefined and indistinct attempt to be in a state of preparation to

do that by force which they had not succeeded in carrying into effect

as they usually did by other means.” The whole episode has been too

much ignored, even by social historians; and “Byron’s famous speech and

Charlotte Brontë’s more famous novel give to most people their idea

of the misery of the time, and of its cause, the displacement of hand

labour by machinery.”[156]

The coal-miners were in many respects even worse off than the hosiery

workers and the cotton weavers. In Scotland they had been but lately

freed from actual serfdom, the final act of emancipation not having

been passed until 1799. In Monmouthshire and South Wales the oppression

of the “tommy shops” of the small employers was extreme. In the North

of England the “yearly bond,” the truck system, and the arbitrary

fines kept the underground workers in complete subjection. The result

is seen in the turbulence of their frequent “sticks” or strikes, during

which troops were often required to quell their violence. The great

strike of 1810 was carried on by an oath-bound confederacy recruited

by the practice of “brothering,” “so named because the members of the

union bound themselves by a most solemn oath to obey the orders of the

brotherhood, under the penalty of being stabbed through the heart or of

having their bowels ripped up.”[157]

Notwithstanding these differences between various classes of workers,

the growing sense of solidarity among the whole body of wage-earners

rises into special prominence during this period of tyranny and

repression. The trades in which it was usual for men to tramp from

place to place in search of employment had long possessed, as we have

seen, some kind of loose federal organisation extending throughout

the country. In spite of the law of 1797 forbidding the existence

of “corresponding societies,” the various federal organisations of

Curriers, Hatters, Calico-printers, Woolcombers, Woolstaplers, and

other handicraftsmen kept up constant correspondence on trade matters,

and raised money for common trade purposes. In some cases there existed

an elaborate national organisation, with geographical districts

and annual delegate meetings; like that of the Calico-printers who

were arrested by the Bolton constables in 1818. The rules of the

Papermakers,[158] which certainly date from 1803, provide for the

division of England into five districts, with detailed arrangements

for representation and collective action. This national organisation

was, notwithstanding repressive laws, occasionally very effective. We

need cite only one instance, furnished by the Liverpool Ropemakers in

1823. When a certain firm attempted to put labourers to the work, the

local society of ropespinners informed it that this was “contrary to

the regulations of the trade,” and withdrew all their members. The

employers, failing to get men in Liverpool, sent to Hull and Newcastle,

but found that the Ropespinners’ Society had already apprised the local

trade clubs at those towns. The firm then imported “blacklegs” from

Glasgow, who were met on arrival by the local unionists, inveigled

to a “trade club-house,” and alternately threatened and cajoled out

of their engagements. Finally the head of the firm went to London to

purchase yarn; but the London workmen, finding that the yarn was for

a “struck shop,” refused to complete the order. The last resource of

the employers was an indictment at the Sessions for combination, but a

Liverpool jury, in the teeth of the evidence and the judge’s summing

up, gave a verdict of acquittal.[159]

This solidarity was not confined to the members of a particular

trade. The masters are always complaining that one trade supports

another, and old account books of Trade Unions for this period abound

with entries of sums contributed in aid of disputes in other trades,

either in the same town or elsewhere. Thus the small society of London

Goldbeaters, during the three years 1810-12, lent or gave substantial

sums, amounting in all to £200, to fourteen other trades.[160] The Home

Secretary was informed in 1823 that a combination of cotton-spinners

at Bolton, whose books had been seized, had received donations,

not only from twenty-eight cotton-spinners’ committees in as many

Lancashire towns, but also from fourteen other trades, from coal-miners

to butchers.[161] A picturesque illustration of this brotherly help

in need occurs in the account of an appeal to the Pontefract Quarter

Sessions by certain Sheffield cutlers against their conviction for

combination: “The appellants were in court, but hour after hour passed,

and no counsel moved the case. The reason was a want of funds for the

purpose. At last, whilst in court, a remittance from the clubs in

Manchester, to the amount of one hundred pounds, arrived, and then the

counsel was fee’d, and the case, which, but for the arrival of the

money from this town, must have dropped in that stage, was proceeded

with.”[162] And although the day of Trades Councils had not yet come,

it was a common thing for the various trade societies of a particular

town to unite in sending witnesses to Parliamentary Committees,

preparing petitions to the House of Commons and paying counsel to

support their case, engaging solicitors to prosecute offending

employers, and collecting subscriptions for strikes.[163] This tendency

to form joint committees of local trades was, as we shall see, greatly

strengthened in the agitation against the Combination Laws from

1823-25. With the final abandonment of all legislative protection of

the Standard of Life, and the complete divorce of the worker from the

instruments of production, the wage-earners in the various industrial

centres became indeed ever more conscious of the widening of the old

separate trade disputes into “the class war” which has characterised

the past century.

It is difficult to-day to realise the naïve surprise with which

the employers of that time regarded the practical development of

working-class solidarity. The master witnesses before Parliamentary

Committees, and the judges in sentencing workmen for combination,

are constantly found reciting instances of mutual help to prove the

existence of a widespread “conspiracy” against the dominant classes.

That the London Tailors should send money to the Glasgow Weavers, or

the Goldbeaters to the Ropespinners, seemed to the middle and upper

classes little short of a crime.

The movement for a repeal of the Combination Laws began in a period of

industrial dislocation and severe political repression. The economic

results of the long war, culminating in the comparatively low prices

of the peace for most manufactured products, though not for wheat,

led in 1816 to an almost universal reduction of wages throughout the

country. In open defiance of the law the masters, in many instances,

deliberately combined in agreements to pay lower rates. This agreement

was not confined to the employers in a particular trade, who may have

been confronted by organised bodies of journeymen, but extended, in

some cases, to all employers of labour in a particular locality. The

landowners and farmers of Tiverton, for instance, at a “numerous and

respectable meeting at the Town Hall” in 1816, resolved “that, in

consequence of the low price of provisions,” not more than certain

specified wages should be given to smiths, carpenters, masons,

thatchers, or masons’ labourers.[164] The Compositors, Coopers,

Shoemakers, Carpenters, and many other trades record serious reductions

of wages at this period. In these cases the masters justified their

action on the ground that, owing to the fall of prices, the Standard

of Life of the journeymen would not be depressed. But in the great

staple industries there ensued a cutting competition between employers

to secure orders in a falling market, their method being to undersell

each other by beating down wages below subsistence level--an operation

often aided by the practice, then common, of supplementing insufficient

earnings out of the Poor Rate. This produced such ruinous results that

local protests were soon made. At Leicester the authorities decided

to maintain the men’s “Statement Price” by agreeing to wholly support

out of a voluntary fund those who could not get work at the full

rates. This was bitterly resented by the neighbouring employers, who

seriously contemplated indicting the lord-lieutenant, mayor, alder-men,

clergy, and other subscribers for criminal conspiracy to keep up

wages.[165] And in 1820 a public meeting of the ratepayers of Sheffield

protested against the “evil of parish pay to supplement earnings,” and

recommended employers to revert to the uniform price list which the

men had gained in 1810.[166] Finally we have the employers themselves

publicly denouncing the ruinous extent to which the cutting of wages

had been carried. A declaration dated June 16, 1819, and signed by

fourteen Lancashire manufacturers, regrets that they have been

compelled by the action of a few competitors to lower wages to the

present rates, and strongly condemns any further reduction; whilst

twenty-five of the most eminent calico-printing firms append an

emphatic approval of the protest, and state “that the system of paying

such extremely low wages for manufacturing labour is injurious to the

trade at large.”[167] At Coventry the ribbon manufacturers combined

with the Weavers’ Provident Union to maintain a general adherence to

the agreed list of prices, and in 1819 subscribed together no less

than £16,000 to cover the cost of proceedings with this object. This

combination formed the subject of an indictment at Warwick Assizes,

which put an end to the association, the remaining funds being handed

over to the local “Streets Commissioners” for paving the city. These

protests and struggles of the better employers were in vain. Rates

were reduced and strikes occurred all over the country, and were met,

not by redress or sympathy, but by an outburst of prosecutions and

sentences of more than the usual ferocity. The common law and ancient

statutes were ruthlessly used to supplement the Combination Acts,

often by strained constructions. The Scotch judges in particular, as

an eminent Scotch jurist declared to the Parliamentary Committee in

1824, applied the criminal procedure of Scotland to cases of simple

combination, from 1813-19, in a way that he, on becoming Lord Advocate,

refused to countenance.[168] The workers, on attempting some spasmodic

preparations for organised political agitation, were further coerced,

in 1819, by the infamous “Six Acts,” which at one blow suppressed

practically all public meetings, enabled the magistrate to search

for arms, subjected all working-class publications to the crushing

stamp duty, and rendered more stringent the law relating to seditious

libels. The whole system of repression which had characterised the

statesmanship of the Regency culminated at this period in a tyranny

not exceeded by any of the monarchs of the “Holy Alliance.” The effect

of this tyranny was actually to shield the Combination Laws by turning

the more energetic and enlightened working-class leaders away from

all specific reforms to a thorough revolution of the whole system of

Parliamentary representation. Hence there was no popular movement

whatever for the repeal of the Combination Laws. If we were writing

the history of the English working class instead of that of the Trade

Union Movement, we should find in William Cobbett or “Orator” Hunt, in

Samuel Bamford or William Lovett, a truer representative of the current

aspirations of the English artisan at this time than in the man who

now came unexpectedly on the scene to devise and carry into effect the

Trade Union Emancipation of 1824.

Francis Place was a master tailor who had created a successful business

in a shop at Charing Cross. Before setting up for himself he had worked

as a journeyman breeches-maker, and had organised combinations in his

own and other trades. After 1818 he left the conduct of the business to

his son, and devoted his keenly practical intellect and extraordinary

persistency first to the repeal of the Combination Laws, and next to

the Reform Movement. In social theory he was a pupil of Bentham and

James Mill, and his ideal may be summed up as political Democracy

with industrial liberty, or, as we should now say, thoroughgoing

Radical Individualism. No one who has closely studied his life and

work will doubt that, within the narrow sphere to which his unswerving

practicality confined him, he was the most remarkable politician of

his age. His chief merit lay in his thorough understanding of the

art of getting things done. In agitation, permeation, wire-pulling,

Parliamentary lobbying, the drafting of resolutions, petitions, and

bills--in short, of all those artifices by which a popular movement is

first created and then made effective on the Parliamentary system--he

was an inventor and tactician of the first order. Above all, he

possessed in perfection the rare quality of permitting other people to

carry off the credit of his work, and thus secured for his proposals

willing promoters and supporters, some of the leading Parliamentary

figures of the time owing all their knowledge on his questions to

the briefs with which he supplied them. The invaluable collection of

manuscript records left by him, now in the British Museum, prove that

modesty had nothing to do with his contemptuous readiness to leave the

trophies of victory to his pawns provided his end was attained. He was

thoroughly appreciative of the fact that in every progressive movement

his shop at Charing Cross was the real centre of power when the

Parliamentary stage of a progressive movement was reached. It remained,

from 1807 down to about 1834, the recognised meeting-place of all the

agitators of the time.[169]

It was in watching the effect of the Combination Laws in his own

trade that Place became converted to their repeal. The special laws

of 1720 and 1767, fixing the wages of journeymen tailors, as well

as the general law of 1800 against all combinations, had failed to

regulate wages, to prevent strikes, or to hinder those masters who

wished in times of pressure to engage skilled men, from offering the

bribe of high piecework rates, or even time wages in excess of the

legal limit. Place gave evidence as a master tailor before the Select

Committee of the House of Commons which inquired into the subject in

1810; and it was chiefly his weighty testimony in favour of freedom of

contract that averted the fresh legal restrictions which a combination

of employers was then openly promoting.[170] This experience of the

practical freedom of employers to combine intensified Place’s sense

of the injustice of denying a like freedom to the journeymen, whilst

the brutal prosecution of the compositors of the _Times_ in the same

year brought home to his mind the severity of the law. Four years

later (1814), as he himself tells us, he “began to work seriously to

procure a repeal of the laws against combinations of workmen, but

for a long time made no visible progress.” The employers were firmly

convinced that combinations of wage-earners would succeed in securing

a great rise of wages, to the serious detriment of profits. Far from

contemplating a repeal of the Act of 1800, they were in 1814 and 1816

pestering the Home Secretary for legislation of greater stringency

as the only safeguard for their “freedom of enterprise.”[171] The

politicians were equally certain that Trade Union action would

raise prices, and thus undermine the foreign trade upon which the

prosperity and international influence of England depended. The

working men themselves afforded in the first instance no assistance.

Those who had suffered legal prosecution were hopeless of redress

from an unreformed Parliament, and offered no support. One trade,

the Spitalfields silk-weavers, supported the Government because they

enjoyed what they deemed to be the advantage of legal protection from

the lowering of wages by competition.[172] Others were suspicious of

the intervention of one who was himself an employer, and who had not

yet gained recognition as a friend to labour. But Place was undismayed

by hostility and indifference. Knowing that with an English public

the strength of his cause would lie, not in any abstract reasoning

or appeal to natural rights, but in an enumeration of actual cases

of injustice, he made a point of obtaining the particulars of every

trade dispute. He intervened, as he says, in every strike, sometimes

as a mediator, sometimes as an ally of the journeymen. He opened up a

voluminous correspondence with Trade Unions throughout the kingdom,

and wrote innumerable letters to the newspapers. In 1818 he secured a

useful medium in the _Gorgon_,[173] a little working-class political

newspaper, started by one Wade, a woolcomber, and subsidised by Bentham

and Place himself. This gained him his two most important disciples,

eventually the chief instruments of his work, J. R. McCulloch and

Joseph Hume. McCulloch, afterwards to gain fame as an economist, was

at that time the editor of the _Scotsman_, perhaps the most important

of the provincial newspapers. A powerful article based on Place’s

facts which he contributed to the _Edinburgh Review_ in 1823 secured

many converts; and his constant advocacy gave Place’s idea a weight

and notoriety which it had hitherto lacked. Joseph Hume was an even

more important ally. His acknowledged position in the House of Commons

as one of the leaders of the growing party of Philosophic Radicalism

gained for the repeal movement a steadily increasing support with

advanced members of Parliament. Among a certain section in the House

the desirability of freedom of combination began to be discussed;

presently it was considered practicable; and soon many came to regard

it as an inevitable outcome of their political creed. In 1822 Place

thought the time ripe for action; and Hume accordingly gave notice

of his intention to bring in a Bill to repeal all the laws against

combinations.

Place’s manuscripts and letters contain a graphic account of the

wire-pullings and manipulations of the next two years.[174] In these

contemporary pictures of the inner workings of the Parliamentary

system we watch Hume cajoling Huskisson and Peel into granting him a

Select Committee, staving off the less tactful proposals of a rival

M.P.,[175] and finally, in February 1824, packing the Committee of

Inquiry at length appointed. Hume, with some art, had included in

his motion three distinct subjects--the emigration of artisans, the

exportation of machinery and combinations of workmen, all of which were

forbidden by law. To Place and Hume the repeal of the Combination Laws

was the main object; but Huskisson and his colleagues regarded the

Committee as primarily charged with an inquiry into the possibility of

encouraging the rising manufacture of machinery, which was seriously

hampered by the prohibition of sales to foreign countries. Huskisson

tried to induce Hume to omit from the Committee’s reference all mention

of the Combination Laws, evidently regarding them as only a minor and

unimportant part of the inquiry. But Place and Hume were now masters

of the situation; and for the next few months they devoted their whole

time to the management of the Committee. At first no one seems to have

had any idea that its proceedings were going to be of any moment; and

no trouble was taken by the Ministry with regard to its composition.

“It was with difficulty,” writes Place, “that Mr. Hume could obtain

the names of twenty-one members to compose the Committee; but when it

had sat three days, and had become both popular and amusing, members

contrived to be put upon it; and at length it consisted of forty-eight

members.”[176] Hume, who was appointed chairman, appears to have

taken into his own hands the entire management of the proceedings. A

circular explaining the objects of the inquiry was sent to the mayor

or other public officer of forty provincial towns, and appeared in the

principal local newspapers. Public meetings were held at Stockport

and other towns to depute witnesses to attend the Committee.[177]

Meanwhile Place, who had by this time acquired the confidence of the

chief leaders of the working class, secured the attendance of artisan

witnesses from all parts of the kingdom. Read in the light of Place’s

private records and daily correspondence with Hume, the proceedings of

this “Committee on Artisans and Machinery” reveal an almost perfect

example of political manipulation. Although no hostile witness was

denied a hearing, it was evidently arranged that the employers who

were favourable to repeal should be examined first, and that the

preponderance of evidence should be on their side. And whilst those

interests which would have been antagonistic to the repeal were neither

professionally represented nor deliberately organised, the men’s case

was marshalled with admirable skill by Place, and fully brought out

by Hume’s examination. Thus the one acted as the Trade Unionists’

Parliamentary solicitor, and the other as their unpaid counsel.[178]

Place himself tells us how he proceeded: “The delegates from the

working people had reference to me, and I opened my house to them.

Thus I had all the town and country delegates under my care. I heard

the story which every one of these men had to tell, I examined and

cross-examined them, took down the leading particulars of each case,

and then arranged the matter as briefs for Mr. Hume, and as a rule, for

the guidance of the witnesses, a copy was given to each.... Each brief

contained the principal questions and answers.... That for Mr. Hume was

generally accompanied by an appendix of documents arranged in order,

with a short account of such proceedings as were necessary to put Mr.

Hume in possession of the whole case. Thus he was enabled to go on with

considerable ease, and to anticipate or rebut objections.”[179]

The Committee sat in private; but Hume’s numerous letters to Place show

how carefully the latter was kept posted up in all the proceedings:

“As the proceedings of the Committee were printed from day to day

for the use of the members, I had a copy sent to me by Mr. Hume,

which I indexed on paper ruled in many columns, each column having an

appropriate head or number. I also wrote remarks on the margins of the

printed evidence; this was copied daily by Mr. Hume’s secretary, and

then returned to me. This consumed much time, but enabled Mr. Hume to

have the whole mass constantly under his view; and I am very certain

that less pains and care would not have been sufficient to have carried

the business through.”[180]

From Westminster Hall we are transported, by these private notes for

Hume’s use, all now preserved in the British Museum, into the back

parlour of the Charing Cross shop, where the London and provincial

artisan witnesses came for their instructions. “The workmen,” as

Place tells us, “were not easily managed. It required great care and

pains not to shock their prejudices so as to prevent them doing

their duty before the Committee. They were filled with false notions,

all attributing their distresses to wrong causes, which I, in this

state of the business, dared not attempt to remove. Taxes, machinery,

laws against combinations, the will of the masters, the conduct of

magistrates--these were the fundamental causes of all their sorrows and

privations.... I had to discuss everything with them most carefully,

to arrange and prepare everything, and so completely did these things

occupy my time that for more than three months I had hardly any

rest.”[181]

The result of the inquiry was as Hume and Place had ordained. A series

of resolutions in favour of complete freedom of combination and liberty

of emigration was adopted by the Committee, apparently without dissent.

A Bill to repeal all the Combination Laws and to legalise trade

societies was passed through both Houses, within less than a week, at

the close of the session, without either debate or division. Place and

Hume contrived privately to talk over and to silence the few members

who were alive to the situation; and the measure passed, as Place

remarks, “almost without the notice of members within or newspapers

without.”[182] So quietly was the Bill smuggled through Parliament that

the magistrates at a Lancashire town unwittingly sentenced certain

cotton-weavers to imprisonment for combination some weeks after the

laws against that crime had been repealed.[183]

Place and Hume had, however, been rather too clever. Whilst the

governing classes were quite unconscious that any important alteration

of law or policy had taken place, the unlooked-for success of Place’s

agitation produced, as Nassau Senior describes, “a great moral effect”

in all the industrial centres. “It confirmed in the minds of the

operatives the conviction of the justice of their cause, tardily and

reluctantly, but at last fully, conceded by the Legislature. That

which was morally right in 1824 must have been so, they would reason,

for fifty years before.... They conceived that they had extorted from

the Legislature an admission that their masters must always be their

rivals, and had hitherto been their oppressors, and that combinations

to raise wages, and shorten the time or diminish the severity of

labour, were not only innocent, but meritorious.”[184] Trade Societies

accordingly sprang into existence or emerged into aggressive publicity

on all sides. A period of trade inflation, together with a rapid rise

in the price of provisions, favoured a general increase of wages. For

the next six months the newspapers are full of strikes and rumours of

strikes. Serious disturbances occurred at Glasgow, where the employers

had been exceptionally oppressive, where the cotton operatives

committed several outrages, and where a general lock-out took place.

The cotton-spinners were once more striking in the Manchester district.

The shipping trade of the North-East Coast was temporarily paralysed by

a strong combination of the seamen on the Tyne and Wear, who refused

to sail except with Unionist seamen and Unionist officers. The Dublin

trades, then the best organised in the kingdom, ruthlessly enforced

their bye-laws for the regulation of their respective industries, and

formed a joint committee, the so-called “Board of Green Cloth,” whose

dictates became the terror of the employers. The Sheffield operatives

have to be warned that, if they persist in demanding double the former

wages for only three days a week work, the whole industry of the town

will be ruined.[185] The London shipwrights insisted on what their

employers considered the preposterous demand for a “book of rates”

for piecework. The London coopers demanded a revision of their wages,

which led to a long-sustained conflict. In fact, as a provincial

newspaper remarked a little later, “it is no longer a particular class

of journeymen at some single point that have been induced to commence

a strike for an advance of wages, but almost the whole body of the

mechanics in the kingdom are combined in the general resolution to

impose terms on their employers.”[186]

The opening of the session of 1825 found the employers throughout

the country thoroughly aroused. Hume and Place had in vain preached

moderation, and warned the Unions of the danger of a reaction. The

great shipowning and shipbuilding interest, which had throughout the

century preserved intact its reputation for unswerving hostility to

Trade Unionism, had possession of the ear of Huskisson, then President

of the Board of Trade and member for Liverpool. Early in the session he

moved for a committee of inquiry into the conduct of the workmen and

the effect of the recent Act, which, he complained, had been smuggled

through the House without his attention having been called to the fact

that it went far beyond the mere repeal of the special statutes against

combinations.[187] This time the composition of the committee was not

left to chance, or to Hume’s manipulation. The members were, as Place

complains, selected almost exclusively from the Ministerial benches,

twelve out of the thirty being placemen, and many being representatives

of rotten boroughs. Huskisson,[188] Peel, and the Attorney-General

themselves took part in its proceedings; Wallace, the Master of the

Mint, was made chairman, and Hume alone represented the workmen.

Huskisson regarded the Committee as merely a formal preliminary to the

introduction of the Bill which the shipping interest had drafted,[189]

under which Trade Unions, and even Friendly Societies, would have been

impossible. For the inner history of this Committee we have to rely on

Place’s voluminous memoranda, and Hume’s brief notes to him. According

to these, the original intention was to call only a few employers as

witnesses, to exclude all testimony on the other side, and promptly to

report in favour of the repressive measure already prepared. Place,

himself an expert in such tactics, met them by again supplying Hume

daily with detailed information which enabled him to cross-examine the

masters and expose their exaggerations. And, if Place’s account of the

animus of the Committee and the Ministers against himself be somewhat

highly coloured, we have ample evidence of the success with which he

guided the alarmed Trade Unions to take effectual action in their own

defence. His friend John Gast, secretary to the London Shipwrights,

called for two delegates from each trade in the metropolis, and

formed a committee which kept up a persistent agitation against any

re-enactment of the Combination Laws. Similar committees were formed

at Manchester and Glasgow by the cotton operatives, at Sheffield

by the cutlers, and at Newcastle by the seamen and shipwrights.

Petitions, the draft of which appears in Place’s manuscripts, poured

in to the Select Committee and to both Houses. If we are to believe

Place, the passages leading to the committee-room were carefully kept

thronged by crowds of workmen insisting on being examined to rebut the

accusations of the employers, and waylaying individual members to whom

they explained their grievances. All this energy on the part of the

Unions was, as Place observes, in marked contrast with their apathy

the year before. The workmen, though they had done nothing to gain

their freedom of association, were determined to maintain it. Doherty,

the leader of the Lancashire Cotton-spinners, writing to Place in the

heat of the agitation, declared that any attempt at a re-enactment

of the Combination Laws would result in a widespread revolutionary

movement.[190] The net result of the inquiry was, on the whole,

satisfactory. The Select Committee found themselves compelled to hear

a certain number of workmen witnesses, who testified to the good

results of the Act of the previous year. The ship-owners’ Bill was

abandoned, and the House of Commons was recommended to pass a measure

which nominally re-established the general common-law prohibition of

combinations, but specifically excepted from prosecution associations

for the purpose of regulating wages or hours of labour. The master

shipbuilders were furious at this virtual defeat. The handbill is still

extant which they distributed at the doors of the House of Commons

on the day of the second reading of the emasculated Bill.[191] They

declared that its provisions were quite insufficient to save their

industry from destruction. If Trade Unions were to be allowed to exist

at all, they demanded that these bodies should be compelled to render

full accounts of their expenditure to the justices in Quarter Sessions,

and that any diversion of monies raised for friendly society purposes

should be severely punished. They pleaded, moreover, that at any rate

all federal or combined action among trade clubs should be prohibited.

Place and Hume, on the other hand, were afraid, and subsequent events

proved with what good grounds, that the narrow limits of the trade

combinations allowed by the Bill, and still more the vague terms

“molest” and “obstruct,” which it contained, would be used as weapons

against Trade Unionism. The Government, however, held to the draft

of the Committee. The shipbuilders secured nothing. Hume induced

Ministers to give way on some verbal points, and took three divisions

in vain protest against the measure. Place carried on the agitation to

the House of Lords, where Lord Rosslyn extracted the concession of a

right of appeal to Quarter Sessions, which was afterwards to prove of

some practical value.

The Act of 1825 (6 Geo. IV. c. 129)[192]--which became known among the

manufacturers as “Peel’s Act”--though it fell short of the measure

which Place and Hume had so skilfully piloted through Parliament the

year before, effected a real emancipation. The right of collective

bargaining, involving the power to withhold labour from the market by

concerted action, was for the first time expressly established. And

although many struggles remained to be fought before the legal freedom

of Trade Unionism was fully secured, no overt attempt has since been

made to render illegal this first condition of Trade Union action.[193]

It is a suggestive feature of this, as of other great reforms, that

the men whose faith in its principle, and whose indefatigable industry

and resolution carried it through, were the only ones who proved

altogether mistaken as to its practical consequences. If we read the

lesson of the century aright, the manufacturer was not wholly wrong

when he protested that liberty of combination must make the workers

the ultimate authority in industry, although his narrow fear as to the

driving away of capital and commercial skill and the reduction of the

nation to a dead level of anarchic pauperism were entirely contradicted

by subsequent developments. And the workman, to whom liberty to combine

opened up vistas of indefinite advancement of his class at the expense

of his oppressors, was, we now see, looking rightly forward, though he,

too, greatly miscalculated the distance before him, and overlooked many

arduous stages of the journey. But what is to be said of the forecasts

of Place and the Philosophic Radicals? “Combinations,” writes Place to

Sir Francis Burdett in 1825, “will soon cease to exist. Men have been

kept together for long periods only by the oppressions of the laws;

these being repealed, combinations will lose the matter which cements

them into masses, and they will fall to pieces. All will be as orderly

as even a Quaker could desire.... He knows nothing of the working

people who can suppose that, when left at liberty to act for themselves

without being driven into permanent associations by the oppression

of the laws, they will continue to contribute money for distant and

doubtful experiments, for uncertain and precarious benefits. If let

alone, combinations--excepting now and then, and for particular

purposes under peculiar circumstances--will cease to exist.”[194]

It is pleasant to feel that Place was right in regarding the repeal as

beneficial and worthy of his best efforts in its support; but in every

less general respect he and his allies were as wrong as it was possible

for them to be. The first disappointment, however, came to the workmen.

Over and over again they had found their demands for higher wages

parried only by the employers’ resort to the law, and they now saw

the way clear before them for an organised attack upon their masters’

profits. Trades which had not yet enjoyed permanent combinations began

to organise in the expectation of raising their wages to the level of

those of their more fortunate brethren. The Sheffield shop-assistants

combined to petition for early closing.[195] The cotton-weavers of

Lancashire met in delegate meeting at Manchester in August 1824 to

establish a permanent organisation to prevent reductions in prices

and to secure a uniform wage, the notice stating that it was by

their secret combinations that the tailors, joiners, and spinners had

succeeded in keeping up wages.[196] In the same month the Manchester

dyers turned out for an advance, and paraded the streets, which they

had placarded with their proposals.[197] The Glasgow calender-men

struck for a regular twelve hours’ day, and carried their point. The

success of the shipwrights on the north-east coast[198] induced the

London shipwrights to convert their “Committee for conducting the

Business in the North” into the “Shipwrights’ Provident Union of the

Port of London,” which existed continuously until its absorption in the

twentieth century by the national society dominating the trade.

“Such is the rage for union societies,” reports the _Sheffield Iris_ of

July 12, 1825, “that the sea apprentices in Sunderland have actually

had regular meetings every day last week on the moor, and have

resolved not to go on board their ships unless the owners will allow

them tea and sugar.” Local trade clubs expanded, like the Manchester

Steam-Engine Makers’ Society, into national organisations. In other

cases corresponding clubs developed into federal bodies. The object in

all these cases was the same. The preamble to the first rules of the

Friendly Society of Operative House Carpenters and Joiners of Great

Britain, which was established by a delegate meeting in London in

1827, states that, “for the amelioration of the evils attendant on our

trade, and the advancement of the rights and privileges of labour,” it

was considered “absolutely necessary that a firm compact of interests

should exist between the whole of the operative carpenters and joiners

throughout the United Kingdom of Great Britain.”[199]

Nor was it only in the multiplication of trade societies that the

expansion showed itself. A committee of delegates from the London

trades meeting during the summer of 1825 set on foot the _Trades

Newspaper and Mechanics’ Weekly Journal_, a sevenpenny stamped paper,

with the motto, “They helped every one his neighbour, and every one

said to his brother, ‘Be of good cheer.’”[200] A vigorous attempt

was made to promote Trade Union organisation in all industries, and

to bring to bear a body of instructed working-class opinion upon the

political situation of the day.[201]

The high hopes of which all this exultant activity was the symptom

were soon rudely dashed. The year 1825 closed with a financial panic

and widespread commercial disaster. The four years that followed were

years of contraction and distress. Hundreds of thousands of workmen in

all trades lost their employment, and wages were reduced all round. In

many manufacturing districts the operatives were kept from starvation

only by public subscriptions.[202] Strikes under these circumstances

ended invariably in disaster. A notable stand made by the Bradford

woolcombers and weavers in 1825 resulted in complete defeat and the

break-up of the Union.[203]

During the greater part of the following year all Lancashire was

convulsed by incessant strikes of coal-miners and textile workers

against the repeated reductions of wages to which the employers

resorted--strikes which were marred by serious disorder, the

destruction of many hundreds of looms, and severe repression by the

troops.[204]

At Kidderminster, three years later, practically the whole trade

of the town was brought to a standstill by the carpet-weavers’ six

months’ resistance to a reduction of 17 per cent in their wages[205]--a

resistance in which the operatives received the sympathy and support

of many who did not belong to their class. In the same year the

silk-weavers of London and other towns maintained an embittered

resistance to a further cut at wages.[206] The emancipated combinations

were no more able to resist reductions than the secret ones had been,

and in some instances the workmen again resorted to violence and

machine-breaking.

For a moment the repeal seemed, after all, to have done nothing but

prove the futility of mere sectional combination, and the working men

turned back again from Trade Union action to the larger aims and wider

character of the Radical and Socialistic agitations of the time, with

which, from 1829 to 1842, the Trade Union Movement became inextricably

entangled. This is the phase which furnishes the theme of the following

chapter.

FOOTNOTES:

[111] An elaborate account of this legislation will be found in _Labour

Legislation, Labour Movements, and Labour Leaders_, by G. Howell, 1902,

pp. 21-42.

[112] Act of Common Council, November 22, 1750: Hughson’s _London_,

p. 422. There is evidence of at least one other club of painters in

London dating back to the eighteenth century, the “Original Society of

Painters and Glaziers” existing in 1779, which afterwards became the

St. Martin’s Society of Painters and Glaziers (_Beehive_, October 24,

1863).

[113] This term was used to denote men who had not served a legal

apprenticeship. See “Rules and Regulations of the Journeymen Weavers,”

reprinted in Appendix No. 10 to Report on Combination Laws, 1825.

[114] The case of R. _v._ the Journeymen Tailors of Cambridge in 1721

(8 Mod. 10) is obscurely reported; and it is uncertain under what law

the men were convicted. See Wright’s _Law of Criminal Conspiracies and

Agreements_, p. 53.

[115] See the petitions from Devonshire towns, House of Commons

Journals, 1717, vol. xviii. p. 715, which, with others in subsequent

years, led to a Select Committee in 1726 (Journals, vol. xx. p. 648,

March 31, 1726).

[116] See, for instance, the Acts regulating the woollen industry, 12

Geo. I. c. 34 (1725); against embezzlement or fraud by shoemakers, 9

Geo. I. c. 27 (1729); relating to hatters, 22 Geo. II. c. 27 (1749);

to silkweavers, 17 Geo. III. c. 55 (1777); and to papermaking, 36 Geo.

III. c. 111 (1795). Whitbread declared in the House of Commons that

there were in 1800 no fewer than forty such statutes.

[117] _A Full and Accurate Report of the Proceedings of the

Petitioners, etc._ By One of the Petitioners (London, January 1800,

19 pp.). A rare pamphlet in the Goldsmiths’ Library at the University

of London. “It is remarkable,” says Mr. Justice Stephen, “that in the

parliamentary history for 1799 and 1800 there is no account of any

debate on these Acts, nor are they referred to in the Annual Register

for those years” (_History of the Criminal Law_, vol. iii. p. 208).

That the measure excited some interest in the textile districts may

be inferred from the publication at Leeds of a pamphlet entitled an

_Abstract of an Act to prevent Unlawful Combinations among Journeymen

to raise Wages, etc._ (Leeds, 1799), which is in the Manchester Public

Library (P. 1735). Lord Holland’s speeches against it are said to have

been reprinted for distribution in Manchester and Liverpool (Lady

Holland’s _Journal_, vol. ii. p. 102).

Mr. and Mrs. Hammond have now traced fairly full accounts of the

proceedings, elucidating the scanty references in the Journals of the

House of Commons and House of Lords for 1799-1800 by quotations from

the _Parliamentary Register_, the _Senator_, _The Times_, _London

Chronicle_, _True Briton_, and _Morning Post_. See _The Town Labourer_,

1917, ch. vii. pp. 111-42; also Cunningham, _Growth, etc._, 1903, pp.

732-7.

[118] _Times_, January 7, 1800; _Labour Legislation, Labour Movements,

and Labour Leaders_, by George Howell, 1902, p. 23.

[119] 39 and 40 George III. c. 90; see _Cunningham_, 1903, p. 634.

[120] 39 and 40 George III. c. 60; see, for all this, _The Town

Labourer, 1760-1832_, by J. L. and B. Hammond, 1917, ch. vii. A case in

which an attempt to put the arbitration clauses in force was baulked by

the employers was mentioned to the Committee on Artisans and Machinery,

1824, p. 603.

[121] _Combinations of Workmen: Substance of the Speech of Francis

Jeffrey at the Dinner to Joseph Hume, M.P., at Edinburgh, November 18,

1825_ (Edinburgh, 1825).

[122] _Sheffield Iris_, March 23, 1814.

[123] Place MSS. 27798--7. The Act of 1800 was scathingly denounced by

Cobbett in the _Political Register_, August 30, 1823.

[124] This is a constant subject of complaint by other employers.

[125] Introduction to the London Scale of Prices (in London Society of

Compositors’ volume).

[126] House of Commons Return, No. 135, of 1834.

[127] Advertisements in _Nottingham Journal_, 1794-1810.

[128] _Considerations addressed to the Journeymen Calico-Printers by

one of their Masters_ (Manchester, 1815); see also the Report of House

of Commons Committee on the Case of the Calico-Printers, 1806.

[129] Evidence before Committee on Artisans and Machinery, 1824, as

summarised in the _Report on Trade Societies_ (1860) of the Social

Science Association: see also _A Digest of the Evidence before the

Committee on Artizans and Machinery_, by George White, 1824.

[130] _The Edinburgh Book of Prices for Manufacturing Cabinet Work_

(Edinburgh, 1805, 126 pp.), “as mutually agreed upon by the Masters

and Journeymen.” In 1825 the journeymen prepared a _Supplement_,

which, after the masters had concurred in it, was published by the men

(Edinburgh, 1825). Both these are in the Goldsmiths’ Library at the

University of London.

[131] _A Few Remarks on the State of the Laws at present in Existence

for regulating Masters and Workpeople_, 1823 (142 pp.), p. 84.

Anonymous, but evidently by George White and Gravener Henson.

[132] See, for instance, _The Times_ from 17th to 25th of June 1819.

[133] _An Account of the Rise and Progress of the Dispute between the

Masters and Journeymen Printers exemplified in the Trial at large, with

Remarks Thereon_, 1799, a rare pamphlet, in the Goldsmiths’ Library at

the University of London.

[134] Place MSS. 27798--8; _Times_, November 9, 1810.

[135] Report in _Manchester Exchange Herald_, preserved in Place MSS.

27799--156.

[136] _Bookfinishers’ Friendly Circular_, 1845-51, pp. 5, 21.

[137] Bain’s _Merchant and Craft Gilds of Aberdeen_, p. 261. An earlier

combination of 1768 is also mentioned.

[138] R. _v._ Hammond and Webb, 2 Esp. 719; see the _Morning Chronicle_

report, preserved in Place MSS. 27799--29.

[139] _Star_, November 26, 1799.

[140] R. _v._ Connell and others, _Times_, July 10, 1819.

[141] R. _v._ Ferguson and Edge, 2 St. 489.

[142] _Sheffield Iris_, December 17, 1816. The men’s clubs often

existed under the cloak of friendly societies. In the overseers’ return

of sick clubs, made to Parliament in 1815, the following trade friendly

societies are included, many of these, at any rate, being essentially

Trade Unions:

Tailors, with 360 members, and £740 Braziers, with 664 members,

and 1768 Masons, with 693 members, and 1852 Scissorsmiths, with

550 members, and 1309 Filesmiths, with 260 members, and 600 United

Silversmiths, with 240 members, and 299 Cutlers, with 65 members, and

450 Grinders, with 283 members _Sheffield Iris_, 1851.

[143] _A Few Remarks, etc._, p. 86.

[144] Committee on Artisans and Machinery, 1824, p. 395.

[145] See the _Gorgon_ for January and February 1819.

[146] Second Report of Committee on Artisans and Machinery, 1824, p.

62. For other cases, see _The Town Labourer_, by J. L. and B. Hammond,

1917, pp. 130-33.

[147] Throughout the century it seems to have been customary in

most handicrafts for the artisan to be allowed the privilege of

apprenticing one son, usually, the eldest, free of charge. For other

boys, especially for the sons of parents not belonging to the trade, a

fee of £5 to £20 was exacted by the employer. The secretary of the Old

Amicable Society of Woolstaplers thirty years ago informed us that, as

his brother had already entered the trade, his father had to pay £100

for his indentures.

[148] To take, for instance, the cabinetmakers and millwrights. When

Lovett came to London in 1819 he found that he could not get employment

without joining the Union (_Life of William Lovett_, by himself).

The millwrights at the beginning of the century were so strongly

organised--this probably led to the engineering employers’ petition

in 1799 out of which the Combination Acts sprang--that when Fairbairn

(after being actually engaged at Rennie’s works) was refused admission

into their society, he was driven to tramp out of London in search

of work in a non-union district (_Life of Sir William Fairbairn_, by

himself, 1877, pp. 89, 92). For the last three-quarters of the century

a considerable proportion of the cabinetmakers and engineers employed

in London have been outside the Trade Union ranks.

[149] _Articles of the Society of Journeymen Brushmakers, held at the

sign of the Craven Head, Drury Lane_, 1806; Minutes, April 27, 1831.

[150] John Gast, a shipwright of Deptford, was evidently one of the

ablest Trade Unionists of his time. We first hear of him in 1802, when

there was a serious strike in London that attracted the attention

of the Government (Home Office Papers in Record Office, 65--1, July

and August 1802), as the author of a striking pamphlet entitled _A

Vindication of the Conduct of the Shipwrights during the late disputes

with their Employers_ (1802, 38 pp.). In 1818 he is found advocating

the first recorded proposal for a general workmen’s organisation,

as distinguished from separate trade clubs--to be described in our

next chapter; and his _Articles of the Philanthropic Hercules for

the Mutual Support of the Labouring Mechanics_, which were printed

in the _Gorgon_, attracted the attention of Francis Place, who

described him (Place MSS, 27819--23) as having “long been secretary

to the Shipwrights’ Club: he was a steady, respectable man. He had

formed several associations of working men, but had been unable

to keep up any one of them.” He became one of Place’s most useful

allies in the agitation for a repeal of the Combination Laws, and

when, in 1825, their re-enactment was threatened, his “committee of

trades delegates” was Place’s strongest support. Gast was the leading

spirit in the establishment of the _Trades Newspaper_ in July 1825,

and became chairman of the committee of management, as well as a

frequent contributor. In the same year he was actively engaged in

the shipwrights’ struggle for a “Book of Rates,” or definite list of

piecework prices, and the energy with which he counteracted the design

of the Board of Admiralty, of allowing the London shipbuilders to

borrow men from the Portsmouth Navy Yard, contributed mainly to the

success of the fight.

[151] Place MSS. 27800--195.

[152] Place MSS. 27798--11; and _The Town Labourer, 1760-1832_, by J.

L. and B. Hammond, 1917. Between 1798-1803 and 1804-16 the piecework

wages for handloom cotton weaving were reduced in some cases by 80 per

cent at a time of war prices (_Geschichte der englischen Lohnarbeit_,

by Gustav Steffen, Stuttgart, 1900, vol. ii. pp. 19-20). See _History

of Wages in the Cotton Trade during the Past Hundred Years_, by G. H.

Wood, 1910; and Cunningham, _Growth, etc._, 1903, p. 634.

[153] See on all these points the evidence given before the Committee

on Artisans and Machinery, 1824; especially that of Richmond.

[154] Letter to the local Major-General, June 15, 1812, in Home Office

Papers, 40--1.

[155] _Ibid._

[156] _The Town Labourer, 1760-1832_, by J. L. and B. Hammond, 1917,

p. 15. Whether Gravener Henson, the bobbin-net maker of Nottingham,

subsequently author of a _History of the Framework-Knitters_ (1831),

who had long been a leader of the Framework-knitters, was the “King

Lud” under whose orders the machine-breakers often purported to act,

is yet unproven (_Life of Francis Place_, by Prof. Graham Wallas,

revised edition, 1918). The Report of the House of Commons Committee

on the Framework-knitters’ petitions (1812) affords evidence of the

all-pervading misery of the time. For other glimpses of the Luddite

organisation, see _An Appeal to the Public, containing an account of

services rendered during the disturbances in the North of England in

the year 1812_, by Francis Raynes, 1817 (in Home Office Papers, 40);

_Report of Proceedings under Commission of Oyer and Terminer, January

2 to 12, 1813, at York_, by J. and W. B. Gurney, 1813; _Digest of

Evidence of Committee on Artizans and Machinery_, by George White, 1824

(see p. 36, Richmond’s evidence as to the appeals of the Luddites to

the Glasgow cotton-spinners); and _Annual Register_, 1812.

[157] Evidence of a colliery engineer in the Newcastle district before

Committee on Combination Laws, 1825; summarised in _Report on Trade

Societies_, 1860, by Social Science Association. See also _A Voice from

the Coalmines_, 1825; _A Candid Appeal to the Coalowners and Viewers

of Collieries on the Tyne and Wear, including a copy of the Collier’s

Bond, with Animadversions thereon and a series of proposed Amendments,

from the Committee of the Colliers’ United Association_, 1826 (in Home

Office Papers, H.O. 40 (19), with Lord Londonderry’s letter of February

28, 1826); _The Miners of Northumberland and Durham_, by Richard Fynes,

pp. 12-16 (1873); _An Earnest Address ... on behalf of the Pitmen_, by

W. Scott, 1831.

[158] See Appendix to Report of Select Committee on Combinations, 1825.

[159] R. _v._ Yates and Others, Liverpool Sessions, August 10, 1823.

See newspaper report preserved in Place MSS. 27804--154.

[160] The entries in this old cash-book are of some interest:

May 29, 1810 Paid ye Brushmakers £15 0 0 Lent ye Brushmakers 10 0 0

Paid ye Friziers 20 0 0 June 26, 1810 Paid ye Silversmiths 10 0 0

Expenses to Pipemakers 0 4 10 July 24, 1810 Paid ye Braziers 10 10

0 Paid ye Bookbinders 10 0 0 Paid ye Curriers 10 0 0 Aug. 21, 1810

Lent ye Bit and Spurmakers 5 0 0 Lent ye Scalemakers 5 0 0 Paid ye

Leathergrounders 5 0 0 Oct. 26, 1810 Paid ye Tinplate Workers 30 0 0

Dec. 11, 1810 Lent ye Ropemakers 10 0 0 May 30, 1811 Received of Scale

Beam-makers 5 0 0 June 25, 1811 Expenses with Papermakers 0 12 6 July

20, 1812 Lent ye Sadlers 10 0 0 Oct. 12, 1812 Paid to Millwrights 50 0

0 Dec. 7, 1812 Borrowed from the Musical Instrument-makers 2 0 0

[161] Home Office Papers, 40--18, March 31, 1823.

[162] See report in the _Manchester Exchange Herald_, about 1818,

preserved in Place MSS. 27799--156.

[163] See, for instance, the witnesses delegated by the Glasgow and

Manchester trades to the Select Committee on Petitions of Artisans,

etc., report of June 13, 1811; or the joint action of the Yorkshire and

West of England Woollen-workers given in evidence before the Select

Committee of 1806. These cases are typical of many others.

[164] Printed handbill signed by thirty-two persons, issued in the

summer of 1816, preserved in Place MSS. 27799--141. Place has also

preserved the rejoinder of the workmen, which is unsigned, as he notes,

for fear of prosecution.

[165] _The Stocking Makers’ Monitor_, January 1818; _A few Remarks on

the State of the Law, etc._, by White and Henson, p. 88; _An Appeal

to the Public on the subject of the Framework-Knitters’ Fund_, by the

Rev. Robert Hall (Leicester, 1819); Cobbett’s _Weekly Register_, vol.

xxxix.; _A Reply to the Principal Objections advanced by Cobbett and

Others_, by the Rev. Robert Hall (Leicester, 1821); _Digest of Evidence

before the Committee on Artizans and Machinery_, by George White, 1824.

[166] _Proceedings at a public Meeting of the Inhabitants of the

Township of Sheffield, held at the Town Hall, March 15, 1820_

(Sheffield, 1820, 16 pp.).

[167] _Times_, August 5, 1819.

[168] Evidence of Sir William Rae, Bart., before Select Committee on

Artisans and Machinery, 1824, p. 486.

[169] An admirable biography has now been written, _The Life of Francis

Place, 1771-1854_, by Prof. Graham Wallas; first edition, 1898; revised

edition, 1918.

[170] Place MSS. 27798--8, 12, etc.; _Times_, November 9, 1810; _The

Tailoring Trade_, by F. W. Galton, 1896, pp. 110-11.

[171] See the petitions of the Master Manufacturers of Glasgow,

Lancashire, and Nottinghamshire, in the Home Office Papers (42--141,

149, 150, 195, etc.).

[172] When Place in 1824 urged the “Committee of Engine Silk-weavers”

of Spitalfields to petition for a repeal of the Combination Laws, the

meeting “Resolved, that protected as we have been for years under the

salutary laws and wisdom of the Legislature, and being completely

unapprehensive of any sort of combination on our part, we cannot

therefore take any sort of notice of the invitation held out by Mr.

Place.” When this resolution was put by the chairman, “an unanimous

burst of applause followed, with a multitude of voices exclaiming, ‘The

law, cling to the law, it will protect us!’” Place MSS. 27800--52;

_Morning Chronicle_, February 9, 1824.

[173] The volumes for 1818-19 are in the British Museum.

[174] The story has now been well told in _The Life of Francis Place_,

by Prof. Graham Wallas, revised edition, 1918, ch. viii.; and in _The

Town Labourer_, by J. L. and B. Hammond, 1917, ch. vii. A few other

details will be found in _Digest of Evidence before the Committee

on Artisans and Machinery_, by George White, 1824, and in _Labour

Legislation, Labour Movements, and Labour Leaders_, by G. Howell, 1902,

pp. 43-57.

[175] In 1823 George White, a “clerk of committees” of the House

of Commons, had formed an alliance with Gravener Henson, the

bobbin-net maker of Nottingham, who had long been a leader of the

framework-knitters’ combinations, to whom reference has been made in

preceding pages. Together they prepared an elaborate Bill repealing

all the Combination Acts, and substituting a complicated machinery

for regulating piecework and settling industrial disputes. Some of

these proposals were meritorious anticipations of subsequent factory

legislation; but the time was not ripe for such measures. This Bill,

promptly introduced by Peter Moore, the member for Coventry, had the

effect of scaring some timid legislators, and especially alarming the

Front Bench. Hume was at a loss to know how to act; but Place, in

a letter displaying great political sagacity, advised him to baulk

the rival Bill by putting its author on the Committee of Inquiry,

explaining that “Moore is not a man to be put aside. The only way to

put him down is to let him talk his nonsense in the Committee, where,

being outvoted, he will be less of an annoyance in the House.” See

Place MSS. 27798--12.

[176] Place MSS. 27798--30.

[177] This attracted the attention of the Home Secretary (Home Office

Papers, 40--18).

[178] Place offered to act as Hume’s “assistant”; but the members of

the Committee, whose suspicions had been aroused, refused to permit him

to remain in the room, on the double ground that he was not a member of

the House, nor even a gentleman!

[179] Place MSS. 27798--22.

[180] _Ibid._ 27798--23.

[181] Place MS. 27798--22.

[182] The Act was 5 George IV. c. 95. The question of the exportation

of machinery was deferred until the next session.

[183] Letter in the _Manchester Gazette_, preserved in the Place MSS.

27801--214.

[184] MS. Report of Nassau Senior to Lord Melbourne on Trade

Combinations (1831; unpublished; in Home Office Library).

[185] _Sheffield Iris_, April 2, 1825.

[186] _Sheffield Mercury_, October 8, 1825; see the _Manchester

Guardian_ for August 1824 to a similar effect.

[187] Later in the year Lord Liverpool, the Prime Minister, and Lord

Eldon, the Lord Chancellor, protested in debate that they had been

quite unaware of the passing of the Act, and that they would never have

assented to it.

[188] The _Annual Register_ for 1825 gives a fuller report of

Huskisson’s speech than Hansard’s Parliamentary Debates. Further

particulars are supplied in George White’s _Abstract of the Act

repealing the Laws against Combinations of Workmen_ (1824); in Place’s

_Observations on Mr. Huskisson’s Speech on the Law relating to

Combinations of Workmen_, by F. P. (1825, 32 pp.); in Wallas’s _Life

of Francis Place_, revised edition, 1918, ch. viii.; in Hammond’s _The

Town Labourer_, ch. vii.; and in Howell’s _Labour Legislation, Labour

Movements, and Labour Leaders_, pp. 51-7.

[189] This included a provision to forbid the subscription of any funds

to a trade or other association, unless some magistrate approved its

objects and became its treasurer.

[190] Place MSS. 27803--299.

[191] _Ibid._ 27803--212.

[192] Home Office Papers, letter of January 3, 1832 (H.O. 40--30).

[193] It is pleasant to record that some of the workmen expressed their

gratitude for Francis Place’s indefatigable services. “Soon after the

proceedings in 1825 were closed,” he writes, “the seamen of the Tyne

and Wear sent me a handsome silver vase, paid for by a penny-a-week

subscription; and the cutlers of Sheffield sent me an incomparable set

of knives and forks in a case” (Place MSS. 27798--66).

[194] June 25, 1825. _Ibid._ 27798--57.

[195] _Sheffield Iris_, September 27, 1825.

[196] Handbill preserved in Place MSS. 27803--255.

[197] _Manchester Guardian_, August 7, 1824; see also _On Combinations

of Trades_ (1830).

[198] This is expressly stated in the preamble to the rules adopted at

the meeting on August 16, 1824, and recorded in the first minute-book.

[199] This society afterwards developed into the existing General Union

of Carpenters and Joiners of Great Britain.

[200] Two rival journals, _The Journeyman’s and Artisan’s London

and Provincial Chronicle_, and _The Mechanic’s Newspaper and Trade

Journal_, were also started, but soon expired.

[201] The _Trades Newspaper_ was managed by a committee of eleven

delegates from different trades, of which John Gast was chairman, and

was edited, at first by Mr. Baines, son of the proprietor of the _Leeds

Mercury_, and afterwards by a Mr. Anderson. _The Laws and Regulations

of the Trades Newspaper_ (1825, 12 pp.) are preserved in the Place MSS.

27803--414. The issues from July 17, 1825, to its amalgamation with

_The Trades Free Press_ in 1828, are in the British Museum.

[202] £232,000 was raised by one committee alone between 1826 and 1829.

See _Report of the Committee appointed at a Public Meeting at the City

of London Tavern. May 2, 1826, to relieve the Manufacturers_, by W. H.

Hyett, 1829.

[203] _Wool and Wool-combing_, by Burnley, p. 169.

[204] Home Office Papers, 40--20, 21, etc.; _Annual Register_, 1826,

pp. 63, 70, 111, 128; Walpole’s _History of England_, vol. ii. p. 141.

[205] _A Letter to the Carpet Manufacturers of Kidderminster_, by the

Rev. H. Price (1828, 16 pp.); _A Letter to the Rev. H. Price, upon the

Tendency of Certain Publications of his_, by Oppidanus, 1828; and _A

Verbatim Report of the Trial of the Rev. Humphrey Price upon a Criminal

Information by the Kidderminster Carpet Manufacturers for Alleged

Inflammatory Publications during the Turn-out of the Weavers_, 1829.

[206] _Resolutions of the Meeting of Journeymen Broad Silk Weavers at

Spitalfields, April 16, 1829_; in Home Office Papers, 40--23, 24. See,

for this period, Cunningham’s _Growth of English Industry and Commerce

in Modern Times_, 1903, pp. 759-762; and also _The Skilled Labourer_,

by J. L. and B. Hammond, 1919, published too late for us to make use of

its interesting descriptions of the principal trades.

The History of Trade Unionism (Revised edition, extended to 1920) · 第 3 / 20 章