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 pos-

sesses 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 materiaj 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 com-

binations 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 indus-

tries 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.

6 4

The Society to enforce the Law 65

There is a clear distinction at any rate, as regards

England between the various statutes which forbade com-

bination prior to the end of the eighteenth century, and the

general Combination Acts of 1799-1800. In the numerous

earlier Acts recited anci .repealed in 1824 the prohibition of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 Parlia-

ment and the law courts to regulate the conditions of labour ; and combinations could, no more than individuals, be per- mitted 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 arrange- ments 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. 1

The History of Trade Unionism/II. The Struggle for existence 1799-1825

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 per-

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

1 An elaborate account of this legislation will be found in Labour

Legislation, Labour Movements, and Labour Leaders, by G. Howell, 1902, pp. 21-42.

The History of Trade Unionism/II. The Struggle for existence 1799-1825