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COMBINATION LAWS.

REPORT from the Select Committee of the House of Commons appointed to inquire into the effects of the Act 5 Geo. IV. c. 95. in respect to the Conduct of Workmen and others in different parts of the United Kingdom, and to report their Opinion how far it may be necessary to repeal or amend the said Act.

In order to enable themselves to form an opinion on the points referred to them, the first object of your committee was to ascertain the actual state of the country in respect to combinations existing among the working and manufacturing classes; and for this purpose they inspected various communications which had been received, and were laid before them by his majesty's secretary of state for the home department, and the president of the committee of trade. From these it appeared, that, in almost every part of the United Kingdom in which large bodies of men are collected for the purpose of carrying on any craft or manufacture combination exists in a more or less objectionable form, and has been the subject of complaint and representation.

A list of the various places from which the communications adverted to have been transmitted, and the description of trade or manufacture to which they apply will be found in the Appendix. While the nature of these communications led your committee to believe that some legislative measure might be expedient, the number and variety of them, as well as the advanced period of the session, obviously precluded the hope of prosecuting an investigation into each particular instance: they have thought, therefore, that they should best fulfil the intentions of the house, by selecting a certain number from among the cases which had been laid before them, and endeavouring, by their examination of these cases, to collect the general character that belonged to the whole.

Among the cases they have examined are those of the coopers, the seamen in the Tyne and the Wear, the papermakers, the shipwrights at Bristol, at Shields, and in the river Thames; the coachmakers in Dublin, the workmen in some of the collieries in Scotland. They have also inquired into the cases of the cotton-spinners and the trades in Ireland. In the latter instances, the evidence has been chiefly received from persons who had become acquainted officially with the circumstances they stated. In these cases it appears either that the associations had commenced since the passing of the act of the last session, or, that having previously existed, they had taken a more open and avowed character. That they vary considerably in extent, consisting in some instances of only a few hundred individuals, while in others they comprehend many thousands; that they are constituted with the utmost regularity, having their presidents, secretaries, committees, and printed re

gulations, by which they are ostensibly governed. The superintendence of the business of these associations is generally assigned to a committee periodically elected, by the direction of which they appear to be governed in their discussions with their masters, and in respect to the cir cumstances under which the labour of the whole body was to be continued or withdrawn.

Some of the sets of regulations under which these societies are constituted have been laid before your committee, and will be found in the Appendix to their Report. To these regula tions your committee desire to direct the attention of the house, and particularly to those parts of them which mark the objects for which the societies are constituted, or for which they are contending, the powers exercised, the contributions collected, the fines imposed, and the degree in which individual liberty is sacrificed by those who become members of these and similar associations.

The different occupations in which the associating parties were employed, created necessarily a corresponding variety in the details of the several cases. Their objects appear to be in most instances the regulation of wages, combined with the assumption, in certain particulars, of a power of dictation in the conduct of the business in which they are engaged; the effect of which, if submitted to, would be totally to subvert the independence of the masters, and deprive them of all means of resistance to the further demands of their workmen, of whatever nature those demands might eventually be.

To illustrate this, your committee will shortly advert to what they have collected from the evidence received by them relative to the proceedings of some of the associations which they have examined.

The objects of the society of the coopers of London is to raise and equalise their wages, to restrain the future admission of apprentices into the trade; and, in addition to these, to limit the hours during which any man should be permitted to work, though working by task, so as to fix a maximum upon the exertions and the consequent profits of the skilful and laborious workman, who is not to be allowed to reap the full fruits of his powers and industry, for the purpose of securing employment to those less able or active. The printed and known rules of this society have been exhibited; but it is admitted that there exist other regulations, and that some of their proceedings are by agreement to be kept secret; what the real character and objects of the society are cannot therefore be fully understood from the rules produced, to which some of its proceedings are in evident contradiction. The mode of enforcing the submission of the masters to the demands of the workmen of the union is in this case, as in others, the simultaneously withdrawing from their employment, and precluding the employ. ment of others not in the association, by net

The constitution of the association in the latter trade is rather more complicated than that of others they have examined; it has its council and its district committees, its committee of examination, its president, vice presidents, secretary, &c. The vice presidents are delegates elected by districts; they preside in the district committees, and have each a district assigned to their care and inspection. They also form the council, and consider the references made by the committees of examination, by whom all business is previously considered, and direct the conduct of the workmen in continuing or desisting from their employment with the different masters by whom they are engaged. Nor, as

appears, can a "strike" take place in

working with such men in particular parts of to which the inquiries of your committee have the business, and rendering their situation un- been directed are among the workmen of broad comfortable. What degree of ill usage, insult, cloth, flannels, and the fancy trade. or intimidation this may include, is uncertain; but the result seems to be, that when the employment of such workmen is resorted to, the conduct of those of the society leaves to them no real option but that of abandoning their employment or joining the association, to which latter alternative they have generally submitted. The association of the seamen in the North, known by the name of the "Loyal Standard "Union," comprehends the seamen of the Tyne and the Wear. The societies belonging to North and South Shields and Sunderland are indeed separate, but are constituted under the same articles, which set forth the professed purposes of their institution. The objects however which, together with the increase of the wages, they are contending to effect, are set forth in a printed dialogue between "Tom and Harry," which will be found in the evidence of Mr. Heath, and which is acknowledged by the clerk to the society as the by-law by which the conduct of the members is regulated. Under this by-law many of the services which for years have formed a¦ part of the usual duty of the seamen they are in future to desist from performing as such; it contains also an obligation to sail only with a nate and crew belonging to the union, which, tessarily reduces the ship-owner either to conine self to crews so composed, or to relinguish the hope of manning his ship in any of the ports mentioned. The adherence of the vanen to this engagement is stated to have been in several instances so firm, that the masens have been constrained to yield to it, and ta afvise the mates and men on board their six to enrol themselves amongst the members of the m

Is the that contests between the seamen at de tip-owners in these ports have previ our own place, both in the year 1815 and Jeding and that they were conducted, kor a lá, with dizemstances of much Caser ruence than any that can be charged tout de subsisting me; but although formidable bm the intrages that attended them, neither Que extended injecta or the same systematic Caccia and replaced character were dis pares a the priceetings of the seamen that GOMELE De actions if the present period. hau ce a entamer has been made to set 1 vf the unters as a justification for Le nen: it your committee do not ina por suna, za lave éxated previously to the Stalindent of the min, or have any reason ↳ me I a more aan I describes itself a set ingetre wcery against the novel and CALECTES INPLsons if že mío.

any part of the trade without the previous appro bation and instruction of the examining committee or council. The proceedings of the workmen in this branch of trade towards their masters are stated in the testimonies of several manufacturers. The measures of solicitation and intimidation to seduce or alarm those who are disposed to continue to work, and to prevent others to whom the masters might resort from engaging in their service, will be found in the evidence; by these means, submission both on the part of the masters and workmen has been in a great degree obtained; and in one instance a master was obliged to indemnify the association by a sum of money, for the losses their funds had sustained by supporting his workmen while with drawn from his manufactory.

Your committee cannot quit these societies without calling the notice of the house to that of Rochdale, and its rules, respecting the employment of apprentices, women, and other persons.

This society, as it is alleged, has had the countenance of some of the masters, and was used as their instrument against a manufacturer who was underselling them, for the purpose of obviating a competition that might be injuriamus to their profits. Of a course so reprehensible and inconsistent with every principle of fair dealing and justice, either towards the individual or the public, your committee cannot too strongly express their reprobation.

At Bristol, the shipwrights' association ap pears to have been organised by the secretary of the London Shipwrights' Provident Union: the object of it is to farce upon the masters teTION and conditions of labour, and regulations in regard to apprentices and persons to be ca piped in their service. In ensemence of a strike be wages among the carpenters in Mr. Tagir's and at a time when inates var je marty argent, warmen were sent far frana at paces: on the arrival of these wurkmen meilen trate, as well as they were surrated by the directing ca Z” LUKA the meative weavers. Those mize they were greed to return; they were

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assured that they would not be permitted to their work should be conducted. Your comwork, nor be safe in walking the town; and by mittee do not here advert to the demand for a these intimations, without any circumstances of book, fixing the prices of all work; for although actual violence, they were induced to forego it is among the proposed objects of the union their engagement, and return to the place from to obtain such an one, it does not appear to be whence they had been brought, to which their the immediate cause of the present cessation of expenses were borne by the association. work in any of the establishments.

The last case to which your committee feel it necessary to advert is that of the shipwrights in the river Thames. Their association, under the title of the Shipwrights' Provident Union, commenced a few months ago. The origin and object of it are stated by a witness of the name of Lomax, who appears to have been one of the principal agents in its formation. Its effects and proceedings are detailed by the masters. It has a permanent committee, to which every thing is reported, and to which reference on all points is made: this committee appears to direct the conduct of the working shipwrights employed in the several yards, according to the rules prescribed by the general meetings of the association, and exercise a power wholly incompatible with the legitimate authority of the ship-builder over his own property and establishment.

The contest has been for some time continued. It is stated on one side, and distinctly admitted on the other, that it is not a question of wages, and is therefore described by the masters to be a question of the power of regulating the mode of conducting the business: this is confirmed not only by some of the articles of the union, but by resolutions and proceedings which appear in a book delivered by the secretary (as containing the minutes of their meetings or committees, from which extracts will be found in the Appendix), which will shew the subjects on which the managers of the union exercise their authority, and the manner in which they prescribe to the members of the body the course they are to pursue.

A further confirmation of the spirit of this union arises from the circumstances that have occasioned the retirement of the men from their work in the different yards. In one instance it has taken place on account of the dismissal of men brought into the yard (as alleged) by order of the union, and certainly without the sanction of either the ship-builder or his foreman. The right to do this is confidently claimed on the part of the shipwrights, and peremptorily denied by the masters as contrary to all usage, and never having been heard of till within the last few months. In another, on account of the removal of an inefficient workman (said also to have been sent in by the union) from a particular work to which he was thought incompetent, although other employment was offered to him in the yard. In the principal ones, however, the cause stated is that the masters have fixed in their yards, and refused to remove, a copy of certain regulations, in conformity to which they have jointly determined

From the examinations of Mr. Lomax and Mr. Gast, and others, it will be seen that your committee entered into a minute examination of the regulations referred to, for the purpose of discovering what there was in them which could furnish to the men a subject of well-grounded complaint and resistance to their masters; they have not, however, been able to find that the regulations, so fixed up by the masters, contain any thing inconsistent with what has been hitherto the general practice in the principal yards of the river Thames, nor to any one of them have either Mr. Lomax er Mr. Gast, two of the leading members of the association, stated objections founded on any practical grievance arising out of them, that in the smallest degree operate on the minds of your committee as a rational explanation of the course taken by the shipwrights. They have, in fact, admitted the real difference between the men and their mas ters, in regard to the regulations themselves, to be scarcely intelligible, and it evidently consists less in the matter of the regulations, than in the promulgation of them. In the contemplation of your committee, this gives the character to the present contest, which they cannot but consider as chiefly a struggle for power on the part of the shipwrights, and an attempt to establish a control over the conduct of their masters: nor can they adduce a more striking proof of the dange rous effect of the spirit of combination, than that so large a body of men should be led to abandon their employment, and array themselves against their employers, without a substantial interest to serve, or a real grievance of which to complain.

In the evidence, it is affirmed on the authority of communications with the men themselves, that although they express an earnest desire to return to work, they are deterred by the apprehension of being subject to insult from the other members of the union. Beyond this, it is not stated (except in one instance, on which there is conflicting evidence) that intimidation has yet proceeded; but your committee cannot shut their eyes to the natural and almost necessary progress of associations of this nature, in the prosecution of their purposes, so dreadfully exemplified in the evidence received of the occur rences that have taken place both in Ireland atod Scotland.

In the evidence of the police officer of Dužim, it is stated, that within the last few months, not less than sixty or seventy cases have occurred of violence committed in the streets, that thirty er forty persons have had their skulls fractured, a great number have been assaulted and beaten,

and two persons have died of the wounds in- the masters of the power of substituting other flicted upon them. The connexion between workmen for those who may be dismissed or these crimes and the combinations existing, withdrawn from their service, every effort is appears to your committee hardly to admit of necessarily directed to draw or retain as large a question, when the circumstances are considered portion of workmen within the circle of the attending the murders of Chambers and Daly, combination as possible; to effect this, every art as well as the attacks upon Carrol, Mr. Butter- of seduction and persuasion, every application of worth, and Mr. Greenham. threat, insult, intimidation, and outrage, is, as In Scotland, the evidence of Mr. Campbell, circumstances require, put in practice. Nor is Mr. Robinson, and Mr. Mackecknie, gives a the co-operation of the associators confined to frightful detail of the means practised to effect the particular crafts or trades to which they beintimidation and submission to the regulations long. Besides the associations of workmen of of the combined workmen, both in the collieries each description amongst themselves, they are in and among the cotton-spinners. Warnings, Ireland united with those of other trades, for the threats, assaults, and the infliction of the most purpose of effecting their particular objects, by cruel injuries, by throwing vitriol, deeply con- common means and mutual assistance; and it certed attempts to assassinate, and, as far as in- is alleged that this assistance has been afforded tention went, the perpetration of actual assas- to produce intimidation, by the perpetration of sination, for which conviction has been obtained. the most atrocious outrages, in which the dif The degree to which this system has been car-ferent associations became instruments to each ried cannot be more forcibly conveyed by your other. This union was stated, in December committee than by mentioning the fact, that last, to comprehend nineteen of the trades in they have been deterred in some instances from Dublin, by one witness, and fifteen or sixteen pressing inquiries, lest they should lead to some by another at the present period; some indicasuspicion of the quarters from whence information also of a union, or a mutual understanding tion had been derived, and place in jeopardy the lives of the individuals on whom the suspicion of having given it might fall.

It is unhappily too well known, that both in Ireland and Scotland, combinations amongst workmen have existed, and been highly organised and formidable; but it is alleged that their number has been by no means so great, and that as they have become more numerous, their proceedings have acquired a greater degree of openness and audacity.

The instances above referred to, appear to your committee sufficient to convey the general character of the associations which have recently spread to so many parts of the United Kingdom, and embraced almost every branch of its industry. In referring to them, your committee have not thought it necessary to go into many points of detail, which will be found in the evidence of the persons examined. It will be seen that in their general construction these societies are nearly similar; their objects, although in most cases connected with the rise or maintenance of wages, usually extend to conditions affecting the conduct of the business or manufacture in which the members of the respective combinations are occupied, particularly the number and description of apprentices or persons to be engaged, and the exclusive employment of persons connected with the society. The resources on which they depend are derived from general contributions, form at once a bond of connexion, and supply powerful means of carrying into effect their purposes by the application of them, to the support of such individuals as, in maintaining the common cause against the masters, may be deprived of employment, and require assistance. As in all contests carried on by a combination of the workmen, it is indispensable to success to deprive

existing amongst some of the trades in London, will be found in the testimony given by Mr. Young.

For the description of the other associations examined in the course of their inquiry, your committee beg to refer to the evidence, which will shew them to partake of the same general character as those above referred to, to which, more than the minute particulars by which they are distinguished from each other, your committee are desirous of calling the attention of the house. In that general character, in the collection of funds, in the imposition of fines, in the attempts to limit the employment of apprentices, to regulate the conduct of manufacture, as well as in the means used of extending their influence over workmen, and carrying on measures against the legitimate authority of the masters, is to be found, in the opinion of your committee, the necessity of some further legislative provision, if not to check the progress of the association, to confine its operation to those objects alone which are essential to the protection of both the workman and the master, and may be secured without impairing the freedom of either, or endangering the public tranquillity.

As it has appeared to your committee, that for these purposes the provisions of the existing law are insufficient, their attention has been applied to the alterations which in consequence it became their duty to submit to the consideration of the house: -with this view they have referred, not only to the provisions of the act of 5th Geo. IV., but the resolutions of the committee which sat in the last session, on which it was professedly founded, and they have the satisfaction of stating, that there is no alteration which they think it necessary to propose for

restraining the system of combination, in a man-out of the perfect freedom of individual action,

ner consistent with the interests of all parties affected by it, which will not be found in strict conformity to the principle of those resolutions.

The first object of the act in question was the repeal of all the statutes which were in force against combination, at the period of its enactment. In the wisdom of this repeal the opinions entertained by your committee fully coincide; and considering the partial effect of those statutes, as well as their admitted insufficiency to the ends for which they were intended, so far from recommending the re-enactment of them, they should deem it a measure of objectionable severity towards the workmen, against whom they chiefly operated.

The alterations your committee propose, although not departing from what they believe to have been the intention of the act of the last session, so far pervade the whole of the remainder of it, that they think it expedient to recommend, in the first instance, its total repeal, with a view of re-enacting such parts of it as it may be advisable to retain, and comprehending all that relates to combination, both in point of repeal and enactment, in a single act.

destroy the best defence possessed both by the masters and workmen, against the efforts of each other, in support of their conflicting pretensions and interests.

This is all the freedom in respect to combina. tion that seems essential for any beneficial pur. pose; and your committee are of opinion, that all combination beyond this should be at the risk of the parties, and open, as heretofore, to the animadversion of the common law, and to be dealt with according to the circumstances of each case.

In providing for the security of those who may engage in any association to obtain a better remuneration for their labour, your commit. tee feel it incumbent upon them, to recommend that every precaution should be taken, to insure a safe and free option to those who, from whatever motive, may have no inclination to take a part in such associations. The necessity of extending or maintaining combination when once commenced, and the means of doing it, have been already adverted to. Examples of the use and effect of these means, in their different gradations, will be found in the evidence; and against these, in every shape and character, your committee recommend the most effectual security should be taken, that legislative enactment can afford; that in becoming parties to any associations, or subject to their authority, individuals should be left to act under the impulse of their own free will alone; and that those who wish to abstain from them should be enabled to do so, and continue their service, or engage their industry, on whatever terms, or to whatever master, they may choose, in perfect security against molestation, insult, or personal danger of what kind soever. To this your committee attach the highest importance, as being indispensably necessary, not less to the real interests of the working classes, than to the public peace.

The effect of this repeal would be to restore the operation of the common law in those particular instances in which it is suspended by the second and third clauses of that act. Your committee, however, in recommending that the common law should be restored, are of opinion that an exception should be made to its operation, in favour of meetings and consultations amongst either masters or workmen, the object of which is peaceably to consult upon the rate of wages to be either given or received, and to agree to co-operate with each other in endeavouring to raise or lower it, or to settle the hours of labour; an exception, they trust, which, while it gives to those in the different classes of masters and workmen the ample means of maintaining their respective interests, will not afford any support to the assumption of power or dictation in either party to the prejudice of the other; least of all, that assumption of control on the part of the workmen in the conduct of any business or manufacture which is utterly incompatible with the necessary autho-formity, therefore, with the act of the last sesrity of the master, at whose risk, and by whose capital, it is to be carried on.

Against much of the evil now so prevalent, a remedy will be found in the powers of the common law, but through a slow and expensive process, by which the protective effect of it is liable to be in a great measure defeated; in con

sion, your committee recommend for all offences of this description, mentioned in any act to be In recommending that liberty of associating brought in, a summary jurisdiction should be and co-operating together, so far as wages or established, with a provision that would afford hours of labour are concerned, should be pre-' greater facility to its operation, by permitting served alike to masters and workmen, your com- ! conviction to take place on the oath of one cremittee feel it essential to the regard which is due to the free exercise of individual judgment, to propose that the resolutions of any such association should be allowed to bind only parties actually present, or personally consenting. Not to impose this limitation, would be to afford a These are the alterations of the law to which, dangerous opening to the operation of influence on the best view they can take of the nature of of the most pernicious kind, and by taking away the combinations now existing in the country, the protection of that competition which arises your coromittee think it expedient to contine

dible witness, and by giving a larger discretion in respect to the punishment to be inflated in case of conviction, to the extent of six months' imprisonment, with or without hard labour, according to the circumstances of the case.

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