SECTION III (3)

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GOVERNMENT REGULATION OF WAGES, CONDITIONS OF EMPLOYMENT, AND PUBLIC HEALTH

1. An Act against Truck, 1701—2. A Wages Assessment at a Warwickshire Quarter Sessions, 1738—3. Spitalfields Weavers Act, 1773—4. A Middlesex Wages Assessment under the Spitalfields Act, 1773—5. Agricultural Labourers' Proposals for a Sliding Scale of Wages, 1795—6. Debates on Whitbread's Minimum Wage Bill, 1795-6—7. Arbitration Act for the Cotton Industry, 1800—8. Amendment of the Arbitration Act, 1804—9. The First Factory Act, 1802—9A. Minutes of Committee on Children in Factories—10. Calico Printers' Petition for Regulation, 1804—11. Report on Calico Printers' Petition, 1806—12. Cotton Weavers' Petition against the Repeal of 5 Elizabeth c. 4, 1813—13. Debates on the Regulation of Apprentices, 1813-1814—14. Resolutions of the Watchmakers on Apprenticeship, 1817—15. Report of Committee on the Ribbon Weavers, 1818—16. The Cotton Factory Act of 1819—17. Oastler's First Letter on Yorkshire Slavery, 1830—18. Factory Act, 1833—19. Proposals for a Wages Board for Hand-loom Weavers, 1834—20. Coal Mines Regulation Act, 1842—21. Debate on Factory Legislation, 1844—22. Factory Act, 1844—23. Recommendations of the Commission on the Health of Towns, 1845.

The eighteenth century was nearly a blank period in the history of direct regulation of industrial conditions by the State. There was no systematic intervention on the scale of Tudor or Victorian times; and political opinion hardened against the principle and destroyed the machinery which had been inherited from the sixteenth century. Such machinery, for the regulation of wages, was still occasionally used in the early part of the eighteenth century, as is shown by occasional examples of wages assessments at Quarter Sessions (No. 2). Acts were passed for individual trades forbidding the practice of paying wages in truck (No. 1). Local pressure even obtained a special Act providing for the regulation of London silk-weavers' wages (No. 3, No. 4). This Spitalfields Act was used as a precedent for the proposals to extend the policy of regulation, which began to fill the Journals of the House of Commons during the period when the new machinery and methods and the French wars dislocated employment and wages. Examples are given of petitions asking that wages should be regulated and that the limitation of apprentices should be enforced under the statute 5 Elizabeth c. 4, to which attention had been called (Nos. 10, 11, 12 and 14). Independent attempts were made to set up a minimum wage, directly and through wages-boards (Nos. 5, 6 and 19). All these applications ended in complete failure. Parliament provided a system of arbitration for the cotton industry (Nos. 7 and 8), but repealed both the wages and apprenticeship clauses of the Elizabethan Act. Contemporary opinion in Parliament relied on the working of free bargaining and economic forces (Debates on Whitbread's Bill and on Apprenticeship, Nos. 6 and 13).

The history of Factory legislation (Nos. 9, 16, 17, 18, 20, 21, 22) shows how the policy of non-interference was abandoned in another field. The employment of children in the new factories was one result of the eighteenth century system of Poor relief. It produced horrors which the first Factory Act was designed to remedy (No. 9). But the use of steam-power and the growth of big industrial districts led to the wholesale employment of children not under the Poor Law. Public opinion was at last aroused by the campaigns of Oastler and others, who pointed to the contrast between the Anti-Slavery agitation and the conditions of the English mills (No. 17). The successive Acts of 1819, 1833, 1842 and 1844 (Nos. 16, 18, 20, 22) show how legislators were forced to extend the principle of regulation from children to young persons and women, and from cotton mills to other textile factories and to mines. In the debate on the Act of 1844 the respective points of view of the Tory philanthropist, the political economist, and the manufacturer, were dramatically contrasted (No. 21). The last extract is from one of a series of reports on the condition of great industrial towns (No. 23), by which Chadwick, a disciple of Bentham and a champion of the new Poor-law, forced Parliament to interfere in the economic control of town life.

AUTHORITIES

For modern writers on general conditions, see Authorities for Section I. The history of agitation for Factory legislation is to be found in Hutchins and Harrison, History of Factory Legislation; Von Plener Die Englische Fabrikgesetzgebung; Alfred (S. Kydd), The Factory Movement; Cooke Taylor, The Factory System and the Factory Acts; Keeling, Child Labour in the United Kingdom, Part I. Details of the agitation are given in Hodder, Life of Shaftesbury; Podmore, Life of Owen; Hutchins, The Public Health Agitation; Greenwood, Richard Oastler. A general view is given in Dicey, Law and Opinion in England; Kirkman Gray, Philanthropy and the State; Held, Zwei BÜcher zur Sozialen Geschichte Englands.

Bibliographies are in Hutchins and Harrison, op. cit.; Cunningham, op. cit.; and Cambridge Modern History, Vol. XII.

Contemporary.—See Authorities for Section I. In addition, for Wages Assessments under the Spitalfields Act in 1784 and 1795, see collection in British Museum, 1029, p. 4. The Reports of Factory Inspectors are valuable sources after 1833. See also Hansard Parliamentary Debates on Wages, and Factory Legislation, 1795, 1813-14, 1816, 1832-3, 1844, 1846.

The chief contemporary literary sources for general conditions are given under Section I. The Factory legislation movement is described by some of the actors: Owen, Observations on the Manufacturing System; Oastler, Yorkshire Slavery, Life and Opinions, Letters from the Fleet, etc.; Memoir of the Life and Writings of Michael Sadler; Nassau Senior, Letters on the Factory Act; L. Horner, On the Employment of Children in Factories.

1. An Act Against Truck [Statutes, 1 Anne 2, 18], 1701.

An act for the more effectual preventing the abuses and frauds of persons imployed in the working up the woollen, linen, fustian, cotton, and iron manufactures of this kingdom.


III. And to prevent the oppression of the labourers and workmen imployed in the woollen, linen, fustian, cotton and iron manufacture, be it enacted by the authority aforesaid, That all payments and satisfactions hereafter to be made to any of the same labourers and workmen, for any work by them done in the same manufacture, shall be by the lawful coin of this realm, and not by any cloth, victuals, or commodities, in lieu thereof: and all wool delivered out to be wrought up, shall be so delivered, with declaration of the true weight thereof, on pain that every offender, in either of the said cases, shall forfeit and pay to such labourer or worker, double the value of what shall be due for such work by him, her, or them done; and if any such labourer or worker shall be guilty of any such fraud or default in the work by him, her, or them done, then such labourer or worker shall allow and answer to the owner of such work double the damages thereby sustained.

[Cf. 12 Geo. I. c. 34, sec. iii.—"every clothier, sergemaker or woollen or worsted stuffmaker, or person concerned in making any woollen cloths, serges or stuffs, or any wise concerned in employing woolcombers weavers or other labourers in the woollen manufactory, shall ... pay unto all persons by them employed ... the full wages or other price agreed on in good and lawful money of this kingdom; and shall not pay the said wages ... or any part thereof, in goods or by way of truck."]

2. A Wages Assessment at Warwickshire Quarter Sessions [Ashby, The Poor Law in a Warwickshire Village (Oxford Studies in Social and Legal History, Vol. III, p. 175)], 1738.

The particular rate of wages of all manner of artificers, labourers, and servants, as well by the day with meat and drink as without, as also by the whole year in gross or by task, made and provided, having a special regard and consideration to the prices of provisions and all other circumstances necessary to be considered at this time. April, 1738.

£ s. d.
Every servant in husbandry by the year 5 10 0
Second servant 4 0 0
Servant boy from 14 to 18 years of age 2 10 0
Servant boy from 11 to 14 1 0 0
Every head servant maid by the year 3 0 0
Second maid servant 2 10 0
Labourers from Martinmas to March 25 by the day 0 0 8
From March 25 to harvest and after harvest to Martinmas 0 0 9
Every mower of grass by the day, with drink 0 1 0
" without drink 0 1 2
Every woman in haymaking, with drink 0 0 5
" without drink 0 0 6
Every woman in corn harvest, with drink 0 0 6
" without drink 0 0 7
Every carpenter by the day, March 25 to St Michael's, with drink 0 1 0
" without drink 0 1 2
From Michaelmas to Lady Day, with drink 0 0 10
"without drink 0 1 0
Every mason by the day in summer, with drink 0 0 10
"without drink 0 1 0
Every mason by the day in winter, with drink 0 0 10
"without drink 0 1 0
Thatcher by day, summer and winter 0 1 0
Weeders of corn by the day 0 0 4
[This was still in force in 1773.]

3. Spitalfields Weavers Act [Statutes, 13 Geo. III, 68], 1773.

An Act to impower the magistrates therein mentioned to settle and regulate the wages of persons employed in the Silk Manufacture within their respective jurisdictions.

Whereas it would be for the benefit of persons employed in the Silk Manufacture, if the magistrates were impowered to settle, between the master weavers and their journeymen, the price of labour in the several branches of the said manufacture; be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament, assembled and by the authority of the same, that from and after the first day of July, one thousand seven hundred and seventy-three, the wages and prices for work of the journeymen weavers within the city of London shall be settled, regulated, and declared, by the Lord Mayor, Recorder and Aldermen, of the said city; and in all places in the county of Middlesex, by the Justices of the Peace for the said county; and in all places within the city and liberty of Westminster, at the General Quarter Sessions of the peace holden in and for the said city and liberty; and in all places within the liberty of the Tower of London, at the General Quarter Sessions of the Peace holden in and for the said liberty, at their General Quarter Sessions of the Peace respectively; and the Lord Mayor, Recorder and Aldermen of the city of London, and the said Justices of the Peace, are hereby respectively authorised and impowered, from time to time, upon application being made to them for that purpose, to settle, regulate, order, and declare the wages and prices of work of the journeymen weavers working within their respective jurisdictions as aforesaid; and shall and may, within the space of fourteen days next after the making every such order, cause the same to be printed and published, at the reasonable expense of the person or persons applying for the same, three times, in any two daily newspapers published in London or Westminster; which publication shall be deemed and allowed to be sufficient notice and publication thereof; and from and after publication thereof, all weavers, and their journeymen, are hereby strictly required to observe the same.

And be it further enacted, that if after the said first day of July, one thousand seven hundred and seventy-three, any master weaver, within either of the aforesaid districts, shall give more or less wages, or pay larger or less prices, to any of the journeymen weavers aforesaid, for their work, than shall be settled or allowed as aforesaid, and shall be convicted of the said offences before any two of His Majesty's Justices of the Peace, within either of the districts or jurisdictions aforesaid where the said offence shall be committed, on the oath or oaths of one or more credible witness or witnesses, he shall forfeit the sum of fifty pounds; to be levied by distress and sale of the offender's goods; and the said penalty, when recovered, shall be paid into the hands of the Master of the Weavers' Company, first deducting the expense of such prosecution, to be distributed by him, in conjunction with the Wardens of the said company, to any distressed journeymen weavers or their families, who shall have been last employed in either of the aforesaid jurisdictions, at their discretion.

And be it further enacted, that if any journeyman weaver or weavers within the districts aforesaid, shall ask, receive, or take more or less wages, or larger or less prices for their work than shall be settled by the respective quarter-sessions, as aforesaid; or shall enter into any combination to raise the wages or prices of the said work, or for this purpose shall decoy, solicit, or intimidate, any journeyman or journeymen weavers within the districts aforesaid, so that he or they quit their masters, for whom they shall then be employed; or shall assemble themselves in any numbers exceeding the number of ten, in order to frame or deliver petitions or other representations, touching their wages or prices of work, except to the said Justices of the Peace, or to the Lord Mayor, Recorder, and Aldermen of the city of London, at their respective Quarter Sessions, and shall be convicted of any of the said offences, on the oath or oaths of one or more credible witness or witnesses, before any two or more of His Majesty's Justices of the Peace, within either of the districts or jurisdictions aforesaid where the offence shall be committed, [he or they] shall forfeit a sum not exceeding forty shillings: And if the said forfeiture be not immediately paid, it shall and may be lawful for the said Justices to commit the said offender to the House of Correction, to hard labour, for any time not exceeding three months; the said forfeiture, when recovered, to be applied in the same manner as the forfeiture of fifty pounds afore-mentioned.

And be it further enacted, that it shall and may be lawful for any two Justices of the Peace, within the limits and jurisdictions aforesaid, on information upon oath made before them by any person or persons whatsoever, that there is reason to suspect that any master or journeyman weaver, within the districts or jurisdictions aforesaid, hath been guilty of any of the offences aforesaid, at request of such informant, to issue their summons, in writing, signed by any such two Justices, requiring any clerk, foreman, apprentice, servant, or other person or persons employed or retained by such person so suspected to have offended, or any other person or persons whatsoever, whose attendance shall appear necessary for the purpose of giving evidence in the premises, to attend and testify concerning the premises: And if any person so summoned shall not attend, and proof shall be made of the service of such summons either personally or by leaving the same at the last or usual place of abode of such person, it shall be lawful for such two Justices, or any other two Justices of the Peace acting for such county or place, and they are hereby required (unless a reasonable excuse be made for such non-attendance to the satisfaction of such justices) to issue their warrant, under their hands and seals, for the apprehending and bringing him or her before them, or some other two or more Justices of the Peace acting for such county or place, to be examined touching the premises; and if any such person so attending or being brought before such Justices, shall refuse to be examined or give their testimony touching the premises, such person shall by the said justices be committed to the House of Correction for one month, there to remain, unless he or she shall sooner submit to be examined and give testimony as the law requires.

And be it further enacted, that if any master weaver residing within the limits aforesaid, shall, directly or indirectly, in any manner whatsoever, retain or employ any journeyman weaver out of or beyond the limits aforesaid, with intent or design to elude or evade this act, or shall give, allow, or pay, or cause to be given, allowed, or paid, to such journeyman, any more or less wages than shall be settled, as aforesaid, every such person shall, for every such offence, forfeit fifty pounds; to be sued for by action of debt, in any of His Majesty's Courts of Record at Westminster, wherein no essoin, protection, or wager of law, or more than one imparlance, shall be allowed, and wherein the ordinary costs of the suit shall be paid; one moiety of which said forfeiture, when recovered, shall belong and be paid to His Majesty and His successors, and the other moiety to the person who shall sue for the same.

Provided always, and be it further enacted, that nothing in this act contained shall extend, or be construed to extend, to fix, control, or regulate, the wages or allowances to be paid to servants in the said business of a weaver, bona fide retained and employed as foreman.

And be it further enacted by the authority aforesaid, that from and after the passing of this act, no person or persons, being silk weavers, residing within the districts aforesaid, shall have in his or their service at any one time more than two apprentices, upon pain of forfeiting for every offence the sum of twenty pounds; to be levied by distress and sale of the offender's goods and chattels, upon conviction, on the oath or oaths of one or more credible witness or witnesses, before two Justices of the Peace within either of the jurisdictions aforesaid where the said offence shall be committed, and the said penalty, when recovered, shall be paid into the hands of the Master of the Weavers' Company, to be applied by him, as aforesaid, and the said Justices are hereby authorised and required to discharge every such apprentice or apprentices exceeding the number of two.

4. A Middlesex Wages Assessment under the Spitalfields Act [Public Record Office, H.O. 86, 26], 1773.

Sir John Fielding presents his respects to the Earl of Suffolk and acquaints him that he had the pleasure yesterday of assisting at the general Quarter Sessions for the county of Middlesex to carry into execution the late Act of Parliament for the regulating of the wages of journeymen weavers in Spitalfields, etc., and the wages were then settled by a numerous and unanimous bench to the entire satisfaction of those masters and journeymen weavers who appeared there in behalf of their respective bodies, and I sincerely hope that this step will prove a radical cure for all tumultuous assemblies from that quarter so disrespectful to the King and so disagreeable to Government, as it will amply reward your Lordship's judicious attention to a matter so conducive to peace and good order, for by this statute your Lordship has conveyed contentment to the minds of thousands of his Majesty's subjects. The Act for the appointment of clergymen with proper salaries agreeable to my proposals was also carried into execution to attend the gaols, and this preventive step will, I am persuaded, be attended with very salutary effects; and as the important business of the sessions is over, I hope your Lordship will take the advantage of my Lord North's leisure to settle the affair regarding my general prevention plan which now lies before him for his Majesty's approbation.

I am, with unfeigned truth, my Lord,
Your Lordship's respectful and the public's faithful Servant.
Sir John Fielding,
9th July, 1773.

5. Agricultural Labourers' Proposals for a Sliding Scale of Wages [Annals of Agriculture, Vol. XXV, p. 503[350]], 1795.

At a numerous meeting of the day labourers of the little parishes of Heacham, Snettisham, and Sedgford, this day, 5th November, in the parish church of Heacham, in the county of Norfolk, in order to take into consideration the best and most peaceable mode of obtaining a redress of all the severe and peculiar hardships under which they have for many years so patiently suffered, the following resolutions were unanimously agreed to:—1st, That the labourer is worthy of his hire, and that the mode of lessening his distresses, as hath been lately the fashion, by selling him flour under the market price, and thereby rendering him an object of a parish rate, is not only an indecent insult on his lowly and humble situation (in itself sufficiently mortifying from his degrading dependence on the caprice of his employer) but a fallacious mode of relief, and every way inadequate to a radical redress of the manifold distresses of his calamitous state. 2nd, That the price of labour should, at all times, be proportioned to the price of wheat, which should invariably be regulated by the average price of that necessary article of life; and that the price of labour, as specified in the annexed plan, is not only well calculated to make the labourer happy without being injurious to the farmer, but it appears to us the only rational means of securing the permanent happiness of this valuable and useful class of men, and, if adopted in its full extent, will have an immediate and powerful effect in reducing, if it does not entirely annihilate, that disgraceful and enormous tax on the public—the Poor Rate.

Plan of the Prices of Labour Proportionate to the Price of Wheat.

per last. per day
When wheat shall be 14l. the price of labour shall be 1s. 2d.
" " " 16 " " " 1s. 4d.
" " " 18 " " " 1s. 6d.
" " " 20 " " " 1s. 8d.
" " " 22 " " " 1s. 10d.
" " " 24 " " " 2s. 0d.
" " " 26 " " " 2s. 2d.
When wheat shall be 28l. the price of labour shall be 2s. 4d.
" " " 30 " " " 2s. 6d.
" " " 32 " " " 2s. 8d.
" " " 34 " " " 2s. 10d.
" " " 36 " " " 3s. 0d.

And so on, according to this proportion.

3rd. That a petition to parliament to regulate the price of labour, conformable to the above plan, be immediately adopted; and that the day labourers throughout the county be invited to associate and co-operate in this necessary application to parliament, as a peaceable, legal, and probable mode of obtaining relief; and, in doing this, no time should be lost, as the petition must be presented before the 29th January, 1796.

4th. That one shilling shall be paid into the hands of the treasurer by every labourer, in order to defray the expenses of advertising, attending on meetings, and paying counsel to support their petition in parliament.

5th. That as soon as the sense of the day labourers of this county, or a majority of them, shall be made known to the clerk of the meeting, a general meeting shall be appointed, in some central town, in order to agree upon the best and easiest mode of getting the petition signed: when it will be requested that one labourer, properly instructed, may be deputed to represent two or three contiguous parishes, and to attend the above intended meeting with a list of all the labourers in the parishes he shall represent, and pay their respective subscriptions; and that the labourer, so deputed, shall be allowed two shillings and sixpence a day for his time, and two shillings and sixpence a day for his expenses.

6th. That Adam Moore, clerk of the meeting, be directed to have the above resolutions, with the names of the farmers and labourers who have subscribed to and approved them, advertised in one Norwich and one London paper; when it is hoped that the above plan of a petition to parliament will not only be approved and immediately adopted by the day labourer of this county, but by the labourers of every county in the kingdom.

7th. That all letters, post paid, addressed to Adam Moore, labourer, at Heacham, near Lynn, Norfolk, will be duly noticed.

[350] Quoted Hammond, The Village Labourer, pp. 137-9.

6. Debates on Whitbread's Minimum Wage Bill [Parliamentary History, Vol. XXXIII, cols. 700-15], 1795-6.

Debate in the Commons on Mr. Whitbread's Bill to regulate the wages of Labourers in Husbandry. December 9. Mr. Whitbread presented to the House a bill "to explain and amend so much of the act of the 5th of Elizabeth, intituled: 'An act containing divers orders for artificers, labourers, servants of husbandry and apprentices,'" as empowers justices of the peace, at, or within six weeks after, every general quarter sessions held at Easter, to regulate the wages of labourers in husbandry. The bill was read a first time. On the motion for the second reading, Mr. Whitbread said, that he had brought forward this bill under the idea that it was possible, by adopting its regulations, to give great relief to a very numerous and useful class of the community. The act of Elizabeth empowered justices of the peace to fix the maximum of labour. This bill went only to empower them to fix the minimum. However the House might decide with respect to his bill, he trusted at least that the act of Elizabeth would be repealed.

Mr. Fox said, that the bill was undoubtedly a bill of great delicacy and importance, and with respect to which, he admitted that, to a considerable extent, there might exist a rational difference of opinion. The act of Elizabeth, as his hon. friend had truly stated, empowered the justices to fix the highest price of labour, but it gave them no power to fix the lowest. It secured the master from a risk that could but seldom occur, of being charged exorbitantly for the quantity of service; but it did not authorise the magistrate to protect the poor from the injustice of a griping and avaricious employer, who might be disposed to take advantage of their necessities, and undervalue the rate of their service. If the price of labour was adequate to the support of the poor at ordinary times, though not equal to the accidental high price of provisions at the present moment, it might be contended that there was less necessity for any new legislative regulation. But, taking the average price of labour for some years past, including that period during which the scarcity had operated, no man could deny that the price of labour was greatly disproportionate to the rate of provisions. That the general price of labour should be adequate to the support of the general mass of the community was indisputably a right principle. They all knew that a very extensive tax was exacted from the country, under the denomination of poor-rates, and that such a tax must be continued. It was understood that to this fund none could apply, but those few to whom, from particular circumstances, their labour might not be sufficiently productive to secure an adequate support. But he feared that the reverse was the case; that the exception was with respect to the few who derived sufficient means of subsistence from their labour, and that the great mass of the labouring part of the community were under the necessity of applying to this fund for relief. If the House, as was proposed, were to form an association, in order to pledge themselves to use only a particular sort of bread, with a view to diminish the pressure of the scarcity, ought they not at the same time to form an association in order to raise the price of labour to a rate proportionate to the price of articles of subsistence? With this view, he called upon the House to consider the principle of the bill, and its provisions. He would call upon them also to attend to the subject, in a constitutional view, though he could not hope, from the complexion of recent transactions, that this was a view of the subject which would have great weight. It was not fitting in a free country that the great body of the people should depend upon the charity of the rich. In the election of members of Parliament, all those were strictly excluded from exercising any franchise, with a very few exceptions, who had at any time received relief from the parish. Was it becoming in a country like this, that the general mass of the labouring part of the community, excepting those who derived relief from the bounty and generosity of individuals, should be excluded from the exercise of their most important privilege as freemen! He admitted many of the rich to be humane and charitable; but he could not allow that those who were the most useful and industrious members of society should depend upon a fund so precarious and degrading, as the occasional supplies derived from their bounty. If the price of provisions had for two years been such as to put every poor man under the necessity of applying for the aid of parochial charity, and if that circumstance constituted a positive disqualification with respect to the exercise of a constitutional right, what, he asked, was the state of a country which first compelled every poor man to dependence, and then reduced him to servitude? If they were to go into associations, pledging themselves to use a particular sort of bread, with a view to alleviate the scarcity, it was surely of more importance that they should associate in order to redress the more material grievance, and strike at the fundamental source of the evil. With this view he should be glad to see an association in order to put the price of labour upon a footing adequate to the rate of provisions. If the regulations of the present bill should not be adopted, he should be happy that any other legislative enactments should be brought forward in order to afford relief and protection to the poor.

The bill was ordered to be read a second time on the 3rd of February, and to be printed.

February 12th, 1796. The order of the day being read for the second reading of the bill,

Mr. Whitbread said, that ample time had been given for members to consider maturely its object and regulations, and to collect from their constituents such information as they might require. For his own part, every inquiry he had instigated, convinced him of the necessity of remedying the grievances of the industrious poor by some legislative provisions. Whether those which he had suggested were the most proper to be adopted, was a question for the decision of the House? Having bestowed considerable pains in drawing up the bill, he might have left it for their consideration upon its merits alone, did not the novelty of the measure demand a few words in explanation. He felt as much as any man how greatly it was to be desired that there should be no legislative interference in matters of this nature, and that the price of labour, like every other commodity, should be left to find its own level. From reasonings upon the subject, the result was, that it always would find its level. But the deductions of reason were confuted by experience; for he appealed to the sense of the House, whether the situation of the labouring poor in this country was such as any feeling or liberal mind would wish? He did not mean that the wages of the labourer were inadequate for his subsistence and comfort in times of temporary scarcity, and unusual hardship; but even at the period preceding such distress, the evil had prevailed. In most parts of the country, the labourer had long been struggling with increasing misery, till the pressure had become almost too grievous to be endured, while the patience of the sufferers under their accumulated distresses had been conspicuous and exemplary. And did not such distress, supported with so much fortitude, merit relief from the legislature? Were it necessary to refer to any authority, he would quote the writings of Dr. Price, in which he showed that in the course of two centuries, the price of labour had not increased more than three or at most fourfold; whereas the price of meat had increased in the proportion of six or seven; and that of clothing, no less than fourteen or fifteen-fold in the same period. The poor-rates, too, had increased since the beginning of the century from £600,000, at which they were then estimated, to upwards of three millions. Nor was this prodigious increase in the poor rates to be ascribed to the advance of population; for it was doubtful whether any such increase had taken place. At the present period the contrary seemed to be the case. By the pressure of the times, marriage was discouraged; and among the laborious classes of the community, the birth of a child, instead of being hailed as a blessing, was considered as a curse. For this serious evil a remedy was required, and to this the bill was directed. It was his wish to rescue the labouring poor from a state of slavish dependence; to enable the husbandman, who dedicated his days to incessant toil, to feed, to clothe, and to lodge his family with some degree of comfort; to exempt the youth of the country from the necessity of entering the army or the navy, and from flocking to great towns for subsistence; and to put it in the power of him who ploughed and sowed and threshed the corn, to taste of the fruits of his industry, by giving him a right to a part of the produce of his labour. Such were the grounds upon which the bill in question was built. To those who dreaded everything that wore the aspect of innovation, and reprobated every measure that was new, he would say that here there was no departure from established precedents, no introduction of unknown principles. The statute of the 5th of Elizabeth was enacted expressly for the purpose of regulating the price of labour. This statute was acted upon for forty years, when it was afterwards amended by a subsequent one in the reign of James the 1st, bearing a similar title. He would not be understood as commending the principle of these statutes: on the contrary, he was of opinion that they operated as a clog to industry, by permitting justices to fix the maximum of labour. But so late as the 8th of his majesty, justices were empowered to regulate the wages of tailors, and even now the lord mayor and council of London control those of the silk weavers. To those who were afraid of entrusting justices with power, he should only say, that he left the power where he found it. At present they were possessed of the power to oppress the labourer; and this bill only invested them with the additional power to redress his grievances. By fixing the minimum of the wages of labour, a comfortable subsistence was secured to industry, and at the same time greater exertions were prompted by the hope of greater reward. To some, perhaps, the time of bringing this subject forward might appear exceptional. There were those who would say, if the labourers were not distressed, why agitate a question for which no necessity calls, and awaken desires which are not felt? Others would maintain, that it was unseasonable to direct the public attention to such a subject, while the pressure of distress might excite discontents, or raise improper expectations. To these he could only answer, that he was not one who could see wise and salutary measures sacrificed to the pretended inconvenience of the times; and that he was of opinion that what was proper to be done could scarcely be done out of season. He then moved, "that the bill be now read a second time."

Mr. Pitt said, that in the interval which had taken place since the first reading of the bill, he had paid considerable attention to the subject, and endeavoured to collect information from the best sources to which he had access. The evil was certainly of such a nature as to render it of importance to find out a proper remedy, but the nature of the remedy involved discussions of such a delicate and intricate nature, that none should be adopted without being maturely weighed. The present situation of the labouring poor in this country was certainly not such as could be wished, upon any principle, either of humanity, or policy. That class had of late been exposed to hardships which they all concurred in lamenting, and were equally actuated by a desire to remove. He would not argue how far the comparison of the state of the labourer, relieved as it had been by a display of beneficence never surpassed at any period, with the state of this class of the community in former times, was just, though he was convinced that the representations were exaggerated. At any rate, the comparisons were not accurate, because they did not embrace a comprehensive view of the relative situations. He gave the hon. gentleman ample credit for his good intentions in bringing the present bill into parliament, though he was afraid that its provisions were such as it would be impolitic, upon the whole, to adopt; and such as, if adopted, would be found to be inadequate to the purposes proposed. The authority of Dr. Price had been adduced to show the great advance that had taken place on every article of subsistence, compared with the slow increase of the wages of labour. But the statement of Dr. Price was erroneous, as he compared the earnings of the labourer at the period when the comparison is instituted, with the price of provisions, and the earnings of the labourer at the present day, with the price of the same articles, without adverting to the change of circumstances, and to the difference of provisions. Corn, which was then almost the only food of the labourer, was now supplied by cheaper substitutions, and it was unfair to conclude that the wages of labour were so far from keeping pace with the price of provisions, because they could no longer purchase the same quantity of an article for which the labourer had no longer the same demand. The simple question now to be considered was, whether the remedy for the evil, which was admitted to a certain extent to exist, was to be obtained by giving to the justices the power to regulate the price of labour, and by endeavouring to establish by authority, what would be much better accomplished by the unassisted operation of principles? It was unnecessary to argue the general expediency of any legislative interference, as the principles had been perfectly recognised by the hon. gentleman himself. The most celebrated writers upon political economy, and the experience of those states where arts had flourished the most, bore ample testimony of their truth. They had only to enquire, therefore, whether the present case was strong enough for the exception, and whether the means proposed were suited to the object intended? The hon. gentleman imagined that he had on his side of the question the support of experience in this country, and appealed to certain laws upon the statute-book, in confirmation of his proposition. He did not find himself called upon to defend the principle of these statutes, but they were certainly introduced for purposes widely different from the object of the present bill. They were enacted to guard the industry of the country from being checked by a general combination among labourers; and the bill now under consideration was introduced solely for the purpose of remedying the inconveniences which labourers sustain from the disproportion existing between the price of labour and the price of living. He had the satisfaction to hear the hon. gentleman acknowledge, that if the price of labour could be made to find its own level, it would be much more desirable than to assess it by arbitrary statute, which in the execution was liable to abuse on the one hand, and inefficacy on the other. If the remedy succeeded according to the most sanguine expectations, it only established what would have been better effected by principle; and if it failed, on the one hand it might produce the severest oppression, and on the other hand encourage the most profligate idleness and extravagance. Was it not better for the House, then, to consider the operation of general principles, and rely upon the effects of their unconfined exercise? Was it not wiser to reflect what remedy might be adopted, at once more general in its principles, and more comprehensive in its object, less exceptional in its example, and less dangerous in its application? They should look to the instances where interference had shackled industry, and where the best intentions have often produced the most pernicious effects. It was indeed the most absurd bigotry, in asserting the general principle, to exclude the exception; but trade, industry and barter would always find their own level, and be impeded by regulations which violated their natural operation, and deranged their proper effect. This being granted, he appealed to the judgment of the House, whether it was better to refer the matter entirely to the discretion of a magistrate, or to endeavour to find out the causes of the evil, and by removing the causes, to apply a remedy more justifiable in its principle, more easy in the execution, more effectual in its operations, in fine, more consonant to every sound and rational policy. The evil, in his opinion, originated in a great measure in the abuses which had crept into the poor-laws of this country, and the complicated mode of executing them. The poor-laws of this country, however wise in their original institution, had contributed to fetter the circulation of labour, and to substitute a system of abuses, in room of the evils which they humanely meant to redress, and by engrafting upon a defective plan defective remedies produced nothing but confusion and disorder. The laws of settlements prevented the workman from going to that market where he could dispose of his industry to the greatest advantage, and the capitalist from employing the person who was qualified to procure him the best returns for his advances. These laws had at once increased the burthens of the poor, and taken from the collective resources of the state to supply wants which their operation had occasioned, and to alleviate a poverty which they tended to perpetuate. Such were the institutions which misguided benevolence had introduced, and, with such warnings to deter, it would be wise to distrust a similar mode of conduct, and to endeavour to discover remedies of a different nature. The country had not yet experienced the full benefit of the laws that had already been passed to correct the errors which he had explained. From the attention he had bestowed upon the subject, and from the enquiries he had been able to make of others, he was disposed to think we had not yet gone far enough, and to entertain an opinion that many advantages might be derived, and much of the evil now complained of removed, by an extension of those reformations in the poor-laws which had been begun. The encouragement of friendly societies would contribute to alleviate that immense charge with which the public was loaded in the support of the poor, and provide by savings of industry for the comfort of distress. Now the parish officer could not remove the workman, merely because he apprehended he might be burthensome, but it was necessary that he should be actually chargeable. But from the pressure of a temporary distress might the industrious mechanic be transported from the place where his exertions could be useful to himself and his family, to a quarter where he would become a burthen without the capacity of even being able to provide for himself. To remedy such a great striking grievance, the laws of settlement ought to undergo a radical amendment. He conceived, that to promote the free circulation of labour, to remove the obstacles by which industry is prohibited from availing itself of its resources, would go far to remedy the evils, and diminish the necessity of applying for relief to the poor-rates. In the course of a few years, this freedom from the vexatious restraint which the laws imposed would supersede the object of their institutions. The advantages would be widely diffused, the wealth of the nation would be increased, the poor man rendered not only more comfortable, but more virtuous, and the weight of poor-rates, with which the landed interest is loaded, greatly diminished. He should wish, therefore, that an opportunity were given of restoring the original purity of the poor laws, and of removing those corruptions by which they had been obscured. He was convinced, that the evils which they had occasioned did not arise out of their original constitution, but coincided with the opinion of Blackstone, that, in proportion as the wise regulations that were established in the long and glorious reign of Queen Elizabeth, have been superseded by subsequent enactments, the utility of the institution has been impaired, and the benevolence of the plan rendered fruitless. While he thus had expressed those sentiments which the discussion naturally prompted, it might not, perhaps, be improper, on such an occasion, to lay before the House the ideas floating in his mind, though not digested with sufficient accuracy, nor arranged with a proper degree of clearness. Neither what the hon. gentleman proposed, nor what he himself had suggested, were remedies adequate to the evil it was intended to remove. Supposing, however, the two modes of remedying the evil were on a par in effect, the preference in principle was clearly due to that which was least arbitrary in its nature; but it was not difficult to perceive that the remedy proposed by the hon. gentleman would either be completely ineffectual, or such as far to over-reach its mark. As there was a difference in the numbers which compose the families of the labouring poor, it must necessarily require less to support a small family. Now by the regulations proposed, either the man with a small family would have too much wages, or the man with a large family, who had done most service to his country, would have too little. So that were the minimum fixed upon the standard of a large family, it might operate as encouragement to idleness on one part of the community; and if it were fixed on the standard of a small family, those would not enjoy the benefit of it for whose relief it was intended. What measure then could be found to supply the defect? Let us, said he, make relief in cases where there are a number of children, a matter of right and an honour, instead of a ground for opprobrium and contempt. This will make a large family a blessing, and not a curse; and this will draw a proper line of distinction between those who are able to provide for themselves by their labour, and those who, after having enriched their country with a number of children, have a claim upon its assistance for their support. All this, however, he would confess, was not enough, if they did not engraft upon it resolutions to discourage relief where it was not wanted. If such means could be practised as that of supplying the necessities of those who required assistance by giving it in labour or affording employment, which is the principle of the act of Elizabeth, the most important advantages would be gained. They would thus benefit those to whom they afforded relief, not only by the assistance bestowed, but by giving habits of industry and frugality, and, in furnishing a temporary bounty, enable them to make permanent provision for themselves. By giving effect to the operation of friendly societies, individuals would be rescued from becoming a burthen upon the public, and, if necessary, be enabled to subsist upon a fund which their own industry contributed to raise. These great points of granting relief according to the number of children, preventing removals at the caprice of the parish officer, and making them subscribe to friendly societies, would tend, in a very great degree, to remove every complaint to which the present partial remedy could be applied. Experience had already shown how much could be done by the industry of children and the advantages of early employing them in such branches of manufacture as they are capable to execute. The extension of schools of industry was also an object of material importance. If any one would take the trouble to compute the amount of all the earnings of the children who are already educated in this manner, he would be surprised, when he came to consider the weight which their support by their own labours took off the country, and the addition which, by the fruits of their toil, and the habits to which they were formed, was made to its internal opulence. The suggestion of these schools was originally drawn from Lord Hale and Mr. Locke, and upon such authority he had no difficulty in recommending the plan to the encouragement of the legislature. Much might be effected by a plan of this nature susceptible of constant improvement. Such a plan would convert the relief granted to the poor into an encouragement to industry, instead of being, as it is by the present poor laws, a premium to idleness and a school for sloth. There were also a number of subordinate circumstances to which it was necessary to attend. The law which prohibits giving relief where any visible property remains should be abolished. That degrading condition should be withdrawn. No temporary occasion should force a British subject to part with the last shilling of his little capital, and compel him to descend to a state of wretchedness from which he could never recover, merely that he might be entitled to a casual supply. Another mode also of materially assisting the industrious poor was, the advancing of small capitals, which might be repaid in two or three years, while the person who repaid it would probably have made an addition to his income. This might put him who received them in the way of acquiring what might place him in a situation to make permanent provision for himself. These were the general ideas which had occurred to him upon the subject; if they should be approved of by any gentleman in the House, they might perhaps appear at a future time in a more accurate shape than he could pretend to give them. He could not, however, let this opportunity slip without throwing them out. He was aware that they would require to be very maturely considered. He was aware also of a fundamental difficulty, that of insuring the diligent execution of any law that should be enacted. This could only be done by presenting to those who should be entrusted with the execution motives to emulation, and by a frequent inspection of their conduct as to diligence and fidelity. Were he to suggest an outline, it would be this. To provide some new mode of inspection by parishes, or by hundreds—to report to the magistrates at the petty sessions, with a liberty of appeal from them to the general quarter sessions, where the justice should be empowered to take cognizance of the conduct of the different commissioners, and to remedy whatever defects should be found to exist. That an annual report should be made to parliament, and that parliament should impose upon itself the duty of tracing the effect of its system from year to year, till it should be fully matured. That there should be a standing order of the House for this purpose, and in a word, that there should be an annual budget opened, containing the details of the whole system of poor-laws, by which the legislature would show that they had a constant and a watchful eye upon the interests of the poorest and most neglected part of the community. He was not vain enough to imagine that these ideas were the result of his own investigations, but he was happy to say that they arose from a careful examination of the subject, and an extensive survey of the opinions of others. He would only add that it was a subject of the utmost importance, and that he would do everything in his power to bring forward or promote such measures as would conduce to the interest of the country. He gave the hon. gentleman every possible credit for his humane and laudable motives, yet seeing the subject in the light in which he did, he was compelled to give his negative to the motion.

Mr. Lechmere said, that the bill was not only founded in humanity, but policy also. The late alarming scarcity ought to induce every man who wished to encourage the industrious poor, to promote every plan of relief for them at such a crisis. No agricultural labourer could at present support himself and his family with comfort; for a barley loaf was at the enormous price of 12½d., while the whole of the labourer's daily wages amounted to no more than one shilling. Haud ignara mali, miseris succurrere disco, was a noble sentiment; but he would rather have the labourer enjoy the honest fruits of his industry, than be obliged to receive his due as an eleemosynary gift. It appeared to him that the minimum of agricultural labour should be fixed.

Mr. Buxton said, that the bill did not appear likely to be of much service, for if the price of labour were to be fixed by the justices of peace, he feared many industrious people would be thrown out of employ, and become a burthen to their respective parishes. The people he alluded to were those who by sickness or old age were rendered incapable of doing so much as a common labourer, and who consequently would be rejected for persons of more strength and activity. He had consulted with various well informed farmers and gentlemen in Norfolk who unanimously concurred in opinions that the bill would be injurious.

Mr. Vansittart commended the hon. gentleman who introduced the bill, for his humane intentions, but he had no hesitation in voting against it, because he thought any arbitrary regulations of the justices of the peace, in the price of labour, would be a greater evil than that already complained of. The bill appeared to him unnecessary, as the law since the reign of James I, enabled the magistrate to fix the price of labour.

Mr. Burdon did not think that the industrious poor were in that wretched situation stated by some gentlemen. The industrious labourer, in many instances, was able to support his family, and lay up something for his old age. From the average price of labour for some years, the House must perceive that the wages of the labourer were considerably increased. The friendly societies, if they continued to extend, would be productive of infinite good. As to the bill, he was convinced of its inadequacy to correct the abuses of which it complained. He recommended rather to repeal the act of Elizabeth than set it up as a precedent to act upon.

Mr. Fox said that no man was more against the idea of compulsion as to the price of labour than he was. The question now was, not on the general principle, but on that particular state of the law, which rendered some measure necessary to be adopted for the relief of the labouring poor, while the law, as it stood, was saddled with so many restrictions. He approved of the bill proposed by his hon. friend, as calculated to correct that which was bad in its present operation, and to secure at least to the labourer the means of partial relief. But if the House objected to the measure as improper, if they were of the opinion that it was not the most judicious or desirable that might be applied, he hoped they would go to the root of the evil, and provide some remedy adequate to the extent of the grievance. If, therefore, they should give a negative to the second reading of the bill, he should consider that by so doing they pledged themselves to take the subject into their early and most serious consideration. If what his hon. friend had brought forward should induce the House to go into a full examination of the subject, and to provide a remedy commensurate to the evil, he would not only have accomplished his own benevolent intentions, but would have done a much greater service to the country, than even if the bill which he had now brought forward were adopted.

Mr. Whitbread said:—"I cannot but congratulate the House on the able and eloquent speech of the chancellor of the exchequer. At the same time I must remark that if the poor laws were actually such, as the right hon. gentleman has stated they ought to be, it would not have been necessary for me to have brought forward any proposition; but I am afraid that facts and experience will be found undeniably to confirm my assertion, that the poor in this country are in a state scarcely consistent with the character of a civilised country. As to what the right hon. gentleman has stated about the price of labour finding its own level, he does not recollect that, till the level be found, the industrious poor labour under the pressure of immediate suffering. If the expedients he has proposed should succeed, they are matters of future regulation, and not calculated to afford relief which the exigencies of the times so imperiously demand. If it should be possible to a considerable degree to promote industry among the children of the poor, and to destroy the oppressive restrictions with respect to settlements, still it will be a considerable time before the price of labour will have found its level. Even if more effectual regulations should afterwards be adopted, still this bill is eligible as a temporary relief. It does not compel the magistrates to act: it only empowers them to take measures according to the exigency of the times. It has been stated as an objection to the bill, that it goes to fix the price of labour, but gentlemen do not attend to the circumstances, that it does not go to determine what should be the general price of labour, but only what should be the least price of labour under particular circumstances. As to the particular case of labourers, who have to provide for a number of children, the wisest thing for government, instead of putting the relief afforded to such on the footing of a charity, supplied, perhaps, from a precarious fund, and dealt with a reluctant hand, would be at once to institute a liberal premium for the encouragement of large families. There is just one circumstance to which I shall advert, before I conclude, namely, the wretched manner in which the poor are lodged. It is such as ought not to be suffered in a country like this, proud of its freedom, and boasting of the equal rights of all its subjects. The landlord, who lets the ground upon lease to the farmer, does not consider himself as bound to repair the cottages. The farmer, who has only a temporary interest in the property, feels no anxiety on the subject. The cottage, dismantled and mouldering to decay, affords neither warmth nor shelter to the poor inhabitant, who is left exposed to the fury of the elements and the inclemency of every season. If a negative should be put upon the second reading of the bill, I shall then move for leave to bring in a bill to repeal the statute of Elizabeth, and afterwards for a committee to take into consideration the state of the poor laws."

The motion was negatived. After which, the bill was ordered to be read a second time on that day three months.

7. Arbitration Act for the Cotton Industry [Statutes, 39 and 40 Geo. III, 90], 1800.

An act for settling disputes that may arise between masters and workmen engaged in the cotton manufacture in that part of Great Britain called England.

That, from and after the first day of August in the year of our Lord one thousand eight hundred, in all cases that shall or may arise within that part of Great Britain called England, where the masters and workmen cannot agree respecting the price or prices to be paid for work done, or to be done, in the said manufacture, whether such dispute shall happen or arise between them respecting the reduction or advance of wages or any injury or damage done, or alleged to have been done, by the workmen to the work, or respecting any delay, or supposed delay, on the part of the workmen in finishing the work or the not finishing such work in a good and workmanlike manner; and also in all cases where the workmen are to be employed to work any new pattern which shall require them to purchase any new implements of manufacture for the working thereof, and the masters and workmen cannot agree upon the compensation to be made to such workmen for or in respect thereof, and also respecting the length of all pieces of cotton goods, or the wages or compensation to be paid for all pieces of cotton goods that are made of any great or extraordinary length, and respecting the manufacture of cravats, shawls, polycat, romall, and other handkerchiefs, and the number to be contained in one piece of such handkerchiefs, and the wages to be paid in respect thereof, and in all cases of dispute or difference arising or happening by and between the masters and workmen employed in such manufacture, out of, for, or touching such trade or manufacture, which cannot be otherwise mutually adjusted and settled by and between them; it shall and may be lawful, and it is hereby declared to be lawful, for such masters and workmen, between whom such dispute or difference shall arise as aforesaid, or either of them, to demand and have an arbitration or reference of such matter or matters in dispute, and each of them is hereby authorised and empowered forthwith to nominate and appoint an arbitrator for and on his respective part and behalf, to arbitrate and determine such matter or matters in dispute as aforesaid, and such arbitrators so appointed as aforesaid, after they shall have accepted and taken upon them the business of the said arbitration, are hereby authorised and required to summon before them, and examine upon oath the parties and their witnesses (which oath the said arbitrators are hereby authorised and required to administer according to the form set forth in the schedule to this act), and forthwith to proceed to hear and determine the complaints of the parties and the matter or matters in dispute between them, and the award to be made by such arbitrators shall in all cases be final and conclusive between the parties; but in case such arbitrators so appointed cannot agree to decide such matter or matters in dispute so to be referred to them as aforesaid, and do not make and sign their award within the space of three days after the signing of the said submission, that then they shall forthwith, and without delay, go before and attend upon one of his Majesty's justices of the peace acting in and for the county, riding, city, liberty, division, township, or place, and residing nearest to the place where such dispute shall happen and be referred, and state to such justice the points in difference between them the said arbitrators, which points in difference the said justice shall and he is hereby authorised and required to hear and determine, which determination of such justice shall be made and signed within the space of three days after the expiration of the time hereby allowed the arbitrators to make and sign their award, and shall be final and conclusive between the parties so differing as aforesaid.

[In cases of dispute the points of difference shall be stated to a justice whose award shall be final. Justices who are cotton manufacturers cannot act.]

8. Amendment of the Arbitration Act [Statutes, 44 Geo. III, 87], 1804.

An act to amend an act, passed in the thirty-ninth and fortieth years of his present Majesty, intituled, An act for settling disputes that may arise between masters and workmen engaged in the cotton manufacture in that part of Great Britain called England.

II. And be it further enacted, that, in all cases where an arbitration may be demanded by the said recited act, where the party complaining and the party complained of shall come before or agree, by any writing under their hands, to abide by the determination of any justice of the peace or magistrate of any county, city, town, or place, within which the parties reside, it shall and may be lawful for such justice of the peace or magistrate to hear and finally determine in a summary manner the matter in dispute between such parties; but if such parties shall not come before, or so agree to abide by the determination of such justice of the peace or magistrate, then it shall be lawful for any such justice or magistrate, and such justice of the peace or magistrate is hereby required, on complaint made before him, and proof by the examination of the party, making such complaint, that application has been made to the person or persons against whom such cause of complaint has arisen, or his, her, or their agent or agents, if such dispute has arisen with such agent or agents, to settle such dispute, and that the same has not been settled upon such complaint being made, or where the dispute relates to a bad warp, such cause of complaint shall not be done away within forty-eight hours after such application, to summon before him such person or persons, or agent or agents, on some day not exceeding three days, exclusive of Sunday, before the making such complaint, giving notice to the person making such complaint of the time and place appointed in such summons for the attendance of such person or persons, agent or agents, as aforesaid; and if at such time and place the person or persons so summoned shall not appear by himself, or send some person on his, her, or their behalf, to settle such dispute, or appearing shall not do away such cause of complaint, then and in such case it shall be lawful for such justice, and he is hereby required, at the request of either of such parties, to nominate arbitrators or referees for settling the matters in dispute; and such justice shall then and there at such meeting propose not less than four nor more than six persons, one-half of whom shall be master-manufacturers or agents or foremen of some master-manufacturer, and the other half of whom shall be weavers in such manufacture (such respective persons residing in or near to the place where such dispute shall have arisen) out of which master-manufacturers, agents, or foremen, the master engaged in such dispute, or his agent, shall choose one, and out of which weavers so proposed, the weaver or his agent, shall choose another, who shall have full power to hear and finally determine such dispute; and the said justice shall thereupon appoint a place of meeting according to the directions of this act, and also a day for the meeting, notice of which nomination, and of the day of meeting, shall thereupon be given to the persons so nominated arbitrators or referees, and to any party to any such dispute, who may not have attended the meeting before such justice as aforesaid.

[For criticism of the act see Petition of Cotton Weavers, 1813, Pt. III, Section III, No. 12, page 576.]

9. The First Factory Act [Statutes, 42 Geo. III, 87], 1802.

An act for the preservation of the health and morals of apprentices and others, employed in cotton and other mills, and cotton and other factories.

... All such mills and factories within Great Britain and Ireland, wherein three or more apprentices, or twenty or more other persons, shall at any time be employed, shall be subject to the several rules and regulations contained in this act; ...

II. And be it enacted, that all and every the rooms and apartments in or belonging to any such mill or factory shall, twice at least in every year, be well and sufficiently washed with quick lime and water over every part of the walls and ceiling thereof; and that due care and attention shall be paid by the master or mistress of such mills or factories to provide a sufficient number of windows and openings in such rooms or apartments, to insure a proper supply of fresh air in and through the same.

III. And be it further enacted, that every such master or mistress shall constantly supply every apprentice during the term of his or her apprenticeship with two whole and complete suits of clothing....

IV. And be it further enacted, that no apprentice that now is or hereafter shall be bound to any such master or mistress shall be employed or compelled to work for more than twelve hours in any one day (reckoning from six of the clock in the morning to nine of the clock at night), exclusive of the time that may be occupied by such apprentice in eating the necessary meals: Provided always, that, from and after the first day of June one thousand eight hundred and three, no apprentice shall be employed or compelled to work upon any occasion whatever between the hours of nine of the clock at night and six of the clock in the morning.

VI. And be it further enacted, that every such apprentice shall be instructed, in some part of every working day, for the first four years at least of his or her apprenticeship....

VII. And be it further enacted, that the room or apartment in which any male apprentice shall sleep shall be entirely separate and distinct from the room or apartment in which any female apprentice shall sleep, and that not more than two apprentices shall in any case sleep in the same bed.

VIII. And be it further enacted, that every apprentice, or (in case the apprentices shall attend in classes) every such class, shall for the space of one hour at least every Sunday be instructed and examined in the principles of the Christian religion ... and such master or mistress shall send all his or her apprentices under the care of some proper person, once in a month at least, to attend during divine service in the church of the parish ... or in some licensed place of divine worship; and in case the apprentices cannot conveniently attend such church or chapel ... the master or mistress ... shall cause divine service to be performed in some convenient room or place in or adjoining to the mill or factory....

IX. And be it further enacted, that the justices of the peace for every county ... shall ... appoint two persons, not interested in, or in any way connected with, any such mills or factories, to be visitors ...; one of whom shall be a justice of peace ... and the other shall be a clergyman of the Established Church....

9A. Minutes of Committee on Children in Factories, 1816 (III), p. 277.

Examination of Richard Arkwright, June 7, 1816.

Q. What is your opinion of the Act known under the name of Sir Robert Peel's Bill? I could wish to confine myself to facts as much as possible.

What have you known of that Act? That Act has not been followed up, with respect to the visiting of magistrates, for these thirteen years. I think they visited my mills at Cromford twice.

p. 278.

Are you of opinion that Sir Robert Peel's Bill, which passed in the year 1802, has accomplished much benefit for the children, for whose protection it was intended?

I certainly thought that the discussions upon that Bill, and the Bill itself, did a great deal of good, but that can be only matter of opinion.

10. Calico Printers' Petition for Regulation [Commons Journals, Vol. LIX, Feb. 22, 1804], 1804.

A petition of several journeymen calico printers, and others working in that trade, in the counties of Lancaster, Derby, Chester, and Stafford, in England, and in the counties of Lanark, Renfrew, Dumbarton, Stirling, and Perth in Scotland, was presented to the House, and read; setting forth that great numbers of the petitioners and other journeymen calico printers have, for a series of years past, been greatly distressed for want of work in their trade, and that this distress has chiefly arisen from a very general, if not universal, practice of the master calico printers in the counties above enumerated, who systematically carry on the said trade by employing in it, in many instances, a greater number of out-door apprentices than of journeymen, and, upon an average, nearly two of such apprentices to three journeymen, a practice of great injury to the petitioners, their families, and, ultimately, even to the apprentices themselves; and that one of the injurious effects, to the petitioners by this system is, that, in many instances boys are taken as apprentices to the said trade or business on verbal agreement, whereby they are at liberty to absent themselves from the service and control of their masters on any trifling disagreement, and are generally replaced by others, thereby creating an overstock of hands in the said trade: And therefore praying, That leave may be given to bring in a bill to regulate the trade or business of calico printers.

Ordered, that the said petition be referred to the consideration of a committee.

11. Report on Calico Printers' Petition [Commons Journals, Vol. LXI, July 17, 1806], 1806.

Your committee have naturally endeavoured to ascertain the cause of those discontents, and, as far as they have been able to collect from the minutes of evidence referred to them, they find it has arisen principally from the multiplication of apprentices. That this has gone to an extent, and that the disproportion of apprentices to journeymen exists to a degree, far beyond that understood to prevail in any other mechanical profession whatever, appears to your committee in several instances. In one instance, that of the shop of Berry and Co. of Lancashire, they find that 55 apprentices were employed, and only two journeymen; in another, that of the shop of Tod and Co. of Dumbarton, there were 60 apprentices, and only two journeymen. Such a disproportion, your committee conceive, must strike as extraordinary any one in the least degree acquainted with the custom of trade.

The practice of introducing such an increased number of apprentices, which commenced about the year 1790, does not appear from the minutes of evidence to have proceeded from any scarcity of hands to supply the demands of the masters, or make up the work required; on the contrary, it appears that in the course of the period when this excessive multiplication of apprentices went on, a number of journeymen were seeking in vain for employment.

With regard to the multiplication of apprentices, while your committee declare that they are not friendly to the idea of imposing any restrictions upon trade, they are ready to state that the inclination of their minds is this, that either all restrictions ought to be abolished, and the masters and journeymen left to settle matters between themselves, or an additional restriction ought to be introduced to counteract the evils obviously resulting from the restrictions which already exist. This restriction your committee mean of course to apply to apprentices; and if a precedent were wanted to justify such a measure, they would refer to the case of the silk weavers, and that of other trades, which are to be found on the Statute Book. In the instance of the silk weavers, no more than two apprentices can be legally taken by any master, whatever may be the number of his journeymen; and yet, since the enactment of this law, no scarcity of hands has ever been complained of in that flourishing branch of trade. Indeed, throughout all the mechanical professions, it is, as far as has come to the knowledge of any of the members of your committee, the general rule, that no master shall have more than two or three apprentices at the most. This general rule is conceived to be established through an understanding between the masters and the journeymen.

The salutary effects of leaving the masters and journeymen to settle their affairs between themselves, is particularly exemplified in the calico printing business: for, although in Lancashire and Derbyshire, etc., where there is nearly a proportion of one apprentice to one journeyman, and between masters and journeymen a consequent jealousy, productive of perpetual variance and confusion; there is in the neighbourhood of London, where a different feeling prevails, and where matters are amicably adjusted between the parties, a very different proportion of apprentices and journeymen. In 14 shops examined by one of the witnesses, in 1803, the number of journeymen were 216, the apprentices only 37.

But to return to the subject of restrictions: your committee are persuaded that as the Legislature has thought proper to interpose its authority, to prevent the journeymen from concerting measures among themselves to settle their affairs with the masters, it would be ready to remove any complaints which might arise from advantage taken by the masters of the existence of such restriction. The wisdom and humanity of Parliament would shrink from sanctioning the Combination Law, if it appeared to them, at the time of its enactment, likely to operate only in favour of the strong, and against the weak; if it had any apparent tendency to secure impunity to oppressors, and to give an undue advantage to the masters, who can combine with little danger of detection, and who can carry their projects into execution with little fear of opposition. The Legislature could never mean to injure the man, whose only desire is to derive a subsistence from his labour, and that indeed is all a journeyman calico printer can look to; for, from the particular nature of his trade, differing much from others, he cannot, from the capital required, ever calculate upon becoming a master.

12. Cotton Weavers' Petition Against the Repeal of 5 Elizabeth c. 4 [Commons Journals, Vol. LXVIII, Feb. 25, 1813], 1813.

A petition of several cotton weavers resident in the division of Bolton Le Moors, in the county of Lancaster, was presented and read; setting forth, that the petitioners are much concerned to learn that a bill has been brought into the House to repeal so much of the Statute 5 Elizabeth, as empowers and requires the magistrates, in their respective jurisdictions, to rate and settle the prices to be paid to labourers, handicrafts, spinners, weavers, etc.; and that the petitioners have endured almost constant reductions in the prices of their labour for many years, with sometimes a trifling advance, but during the last thirty months they have continued, with very little alteration, so low, that the average wages of cotton weavers do not exceed 5s. per week, though other trades in general earn from 20s. to 30s. per week; and that the extravagant prices of provisions of all kinds render it impossible for the petitioners to procure food for themselves and families, and the parishes are so burthened that an adequate supply cannot be had from that quarter; and that, in the 40th year of His present Majesty a law was made to settle disputes between masters and workmen[351]; which law having been found capable of evasion, and evaded, became unavailing: after which, in 1802, 1803, and 1804, applications being made to amend that of the 40th, another law was made, varying in some points from the former; but this also is found unavailing, inasmuch as no one conviction before a magistrate under this law has ever been confirmed at any Quarter Sessions of the Peace; and that several applications have since been made to the House to enact such laws as they would judge suitable to afford relief to the trade, in which masters and workmen joined, but hitherto without any effect; and that, about twelve months since, it was found that the Statute of 5 Eliz. (if acted upon) was competent to afford the desired relief, and it was resorted to in certain cases, but the want of generality prevented its obtaining at that time, especially as it can be acted on only at the Easter Quarter Sessions, or six weeks thereafter; and that, as petitions to the magistrates were almost general at the last Quarter Sessions, and all graciously received at each different jurisdiction, much hope was entertained that at the next Easter sessions the magistrates would settle the wages of the petitioners, and they obtain food by their industry; and that the present bill to repeal the aforesaid law has sunk the spirits of the petitioners beyond description, having no hope left: the former laws made for their security being unavailing, there is no protection for their sole property, which is their labour; and that, although the said law of 5 Eliz. was wisely designed to protect all trades and workmen, yet none will essentially suffer by its repeal save the cotton weavers: the silk weavers have law to secure their prices, as have other artizans; tradesmen generally receive their contracted wages, but cotton weavers, when their work is done, know not what they shall receive, as that depends on the goodness of the employer's heart: And that the petitioners, therefore, most humbly, and earnestly pray, that the House, for the aforesaid reasons, will not repeal the said Statute of 5 Eliz., it being the only law by which they can hope any relief from their present misery; and the existing laws being evaded, this would afford, when acted upon, prices somewhat suitable to the prices of provisions in adverse times; but should the House see it proper to repeal the said law, the petitioners pray, that in that case it will enact a law to secure and grant such wages to the petitioners as will enable them to live by their industry, equally beneficial to masters and workmen.

Ordered, That the said Petition do lie upon the Table.

[The wages clauses of 5 Eliz. 4 were repealed by 53 Geo. III, 40, 1813.]

[351] See above. Pt. III, Section III, Nos. 7 and 8. p. 568 and p. 570.

13. Debates on the Regulation of Apprentices [Parl. Debates, Series I, Vol. XXV, Cols. 1120-1131; XXVII, 423-425, 563-574, 879-884], 1813-1814.

Apprentices.Mr. Rose adverted to the petition[352] he presented the other day, which was signed by above 800 masters and 13,000 journeymen in London; and by 1,154 masters and 17,517 journeymen in the country; making above 32,000 in all. The policy of the system began in Edward the 3rd. Some had doubted the effects of the law, and deemed all restrictions injurious to commerce: others considered the want of restrictions more dangerous, and contended that the present system had encouraged habits of industry. The courts had, in general, narrowed the spirit and application of the restrictions. He thought that if the existing law was not to be enforced, it ought to be amended or repealed. A petition signed by such a number of tradesmen was deserving the most attentive consideration. He should therefore move that the petition be referred to a committee.

Mr. Serjeant Onslow allowed that the number of signatures to the petition entitled it to a respectful consideration. As to the allegations of the petition, he thought it very extraordinary that the petitioners should really expect that parliament would allow them to bring actions upon this statute, against whom they pleased, well-founded or ill-founded, without being subject to costs in case of failure. From his experience in a certain judicial situation, he could say, and he believed he might appeal to all his professional friends about him for the confirmation of his statement, that he never knew any indictment brought under this statute except against a person of great skill and acquirements. The preamble of the Act stated its object to be "to prevent the introduction of unskilful workmen": and yet no indictments were ever brought against unskilful workmen, but only against very skilful and ingenious men. This shewed pretty clearly the spirit in which such prosecutions were brought.

Mr. D. Giddy said, that he should not vote for the committee, if he did not think it likely that the resolution they would come to would be directly opposite to that which was expected by the petitioners. He certainly did entertain great doubts, whether in the present state of the commercial world there was any use in those apprenticeships, although they might have been necessary in the infancy of commerce. It frequently happened, that a young man had not a talent for that particular business to which he had been bound an apprentice, and was yet possessed of other talents, by the exercise of which he might obtain a most respectable subsistence. It appealed to him a cruel hardship to fetter the minds and limbs of men, so as to prevent their obtaining a subsistence by the fair exercise of their talents and of their limbs. As to what was said of corporate rights, obtained by apprenticeship, he thought that made it the less necessary to add penalties. If those corporate rights, however, were to be considered of real value, he thought it a great hardship that they could not be obtained in any other way than by serving an apprenticeship.

Mr. Butterworth also felt inclined to disapprove of the Act as highly injurious to trade in general, and to rising talent. In illustration of the hardships of the Act, and of the manner in which it was generally enforced, he mentioned a case which had come within his own immediate observation. In an office of which he had the command, there was a young man of great skill, and consequently of great value to his employers; he, however, had not served the regular apprenticeship, and his fellow-workmen therefore combined against him, demanding his discharge. He (Mr. B.) interfered on behalf of the young man, but in vain; for the conspiracy amongst the workmen attained that height that their request was obliged to be complied with. The young man was discharged, and though skilful in that particular trade, he had been compelled to sell the furniture, the produce of his industry, to support a wife and family, who were dependent on him for support. He did not oppose the committee, because he was convinced that the determination would be in favour of the repeal of the 5th of Elizabeth.

The petition was then referred to a committee.

Wednesday, April 6, 1814.[353]

Apprentice Laws.Mr. H. Davis presented a petition from certain master manufacturers of the city of Bristol, praying that so much of the Act of the 5th of Elizabeth, cap. 4, as inflicted penalties on persons exercising trades to which they had not served regular apprenticeships, should be repealed. Ordered to lie on the table.

Mr. P. Moore presented a petition from the manufacturers of Coventry, praying that that part of the 5th of Elizabeth, cap. 4, which inflicted penalties on persons exercising trades to which they had not served regular apprenticeships, should be rendered efficient. He should merely move "that the petition do lie on the table"; but, before he sat down, he wished to enquire of the learned gentleman (Mr. Serjeant Onslow) who had given notice of his intention to introduce a Bill on the subject, whether he meant, in his proposed measure, to confine himself merely to the repeal of that part of the 5th of Elizabeth which sanctioned those penalties, or to do away with the Act altogether? He also wished to know whether the learned gentleman intended to push his Bill through the different stages in the present session; or, having introduced it, to let it lie over till the next? In his opinion a committee ought to be appointed, in the first instance, to examine the whole of the petitions that had been presented relative to the 5th of Elizabeth, and also to look into the provisions of that Act.

Mr. Serjeant Onslow said, most unquestionably he did not mean to go beyond the terms of his notice, in the measure he should introduce. He had stated explicitly the part of the Act that he wished to have repealed, and he had not since altered his determination. With respect to the second point of the hon. gentleman's interrogatory, "Whether he intended to hurry the Bill through the House?" he would answer that he certainly did not. But the hon. gentleman seemed to forget that the present period was virtually almost the commencement of the session, and that very important business was yet to come on. He (Serjeant Onslow) certainly did wish to have the sense of the House taken on the Bill, before the session terminated. And this, he thought, could be done without any imputation of hurry. In the last session the Treasurer of the Navy (Mr. Rose) had presented a petition from a great number of persons who were desirous that the penalties should be continued; and moved for a committee to investigate the allegations of the petitioners. A committee was granted—it sat from day to day—and the evidence adduced before it was printed. He (Serjeant Onslow) enquired of that right hon. gentleman whether he intended to found any motion on this evidence? And, understanding that he did not, he stated, at the close of the last session, that he would himself submit a motion on the subject. Soon after parliament met he gave notice of a motion for the 30th of November; but, in consequence of a number of gentlemen who represented large manufacturing districts (particularly the hon. member for Yorkshire) not being then in town, he postponed it till the 22nd of February, and had finally put it off till the 27th of the present month—knowing that a call of the House would take place before that period, which would ensure a full attendance when the proposed measure came to be discussed. That the country was not unprepared for it, was evident from the numerous petitions which had been presented in favour of it. Petitions of that nature had been received from Leeds, Birmingham, Huddersfield, Bristol, and many other populous neighbourhoods. Several petitions had been presented against it. How they were procured he did not know; but the language in all of them appeared nearly the same. With respect to the principal trade carried on by the constituents of the hon. gentleman, it would not be at all affected by the new Bill, because it was already guarded by a variety of enactments totally independent of the 5th of Elizabeth.

Mr. P. Moore said it was very true that his constituents (the freemen of Coventry) were obliged by Act of Parliament to serve a regular apprenticeship, before they could carry on the business alluded to by the learned gentleman. Now they were alarmed lest by the proposed Bill they should be deprived of a right which they had long enjoyed. They therefore were anxious that the Bill should not be hurried through the House.

The petition was ordered to lie on the table.

Wednesday, April 27, 1814.[354]

Apprenticeship Laws.Mr. Serjeant Onslow rose to move for leave to bring in a Bill to repeal part of an Act, passed in the 5th year of Elizabeth, entitled "An Act containing divers orders for artificers, labourers, servants of husbandry, and apprentices." ... The reign of Queen Elizabeth, though glorious, was not one in which sound principles of commerce were known; and a perusal of the other clauses of the Act, as well as the one creating the penalties for exercising trades contrary to its provisions, would fully confirm that assertion; indeed it did not seem to be the object of that statute to favour manufactures; it rather seemed to be intended to make them subservient to a most mistaken notion of favour to the landed interest. So little was political economy then understood that the idea never seemed to have occurred, that agriculture was best promoted by the prosperity of commerce and manufactures; and that restraints on them defeated the end they aimed at, and discouraged that very employment which they ought to promote.... Apprenticeships had been looked upon as favourable to the morals of youth, and he was very far from wishing to discourage them; but he did not wish them to be an indispensable qualification for legally carrying on trades.... Apprenticeships were as common in trades not within the statute as in those that were within what had been called the protection, but what he thought the curse, of the statute....

Mr. Philips.—The persons most competent to form regulations with respect to trade were the master manufacturers, whose interest it was to have goods of the best fabric; and no legislative enactment could ever effect so much in producing that result, as the merely leaving things to their own course and operation. The proof of this was to be found in the fact that the manufactures for which the country was most famous, were precisely those to which this Act did not apply. If this narrow principle had been carried into every branch of art, the machinery of Sir Richard Arkwright would have been lost to the country—and the genius of Mr. Watt, whose inventions had added more to the productive powers of the empire, than if the population had been increased one half, would have been still unknown. The hon. gentleman then proceeded to point out the evil effects which arose from the system of combination among tradesmen [workmen].

Leave was given to bring in the Bill.

Friday, May 13, 1814.[355]

Apprentice Laws.Mr. Serjeant Onslow moved the second reading of the Bill, which was warmly opposed by Sir Fred. Flood, who, though a friend to liberty, disliked licentiousness. The Bill went to abrogate that most salutary law of the 5th of Elizabeth, and to revive the practice which had previously existed from Edward the Third's time. It would be destructive of the interests of persons who served their apprenticeships, and paid for education in their respective trades, and ruinous to the morals of youth. It would be hurtful to commerce, to mechanics, to manufacture and to the Stamp Act. The present law had lasted 220 years. He proposed to postpone the second reading to that day six months.

Mr. Protheroe seconded the motion, as the Bill proceeded on no general comprehensive system, but simply on a repeal without any efficient substitute for what was to be repealed. He objected to the measure in a moral point of view; in which respect he was upheld by the opinions of Lord Coke and Sir Wm. Blackstone. He had heard much of vexatious prosecutions under the Act of Elizabeth; but, on enquiry, he found that at Bristol for the last 20 years, there had not been one such prosecution. If apprenticeships were more encouraged, he was satisfied that combinations among journeymen would almost entirely be put an end to. If the House were to lower its attention down to the humble cottage, they would there see the advantages of this system, in beholding careful masters provided for the youths, who, in addition, were provided with food and clothing, while their morals were protected. He should be happy that the present Bill were withdrawn, and some measure unaccompanied by its disadvantages were introduced.

Mr. Hart Davis could not disguise from himself that the present measure was attended with many difficulties. It would undoubtedly be of great advantage to our manufacturers that the present law should be repealed, and that every restraint should be removed from the rising generation. Supposing a person brought up to a trade for which from his constitution he was not fit, was he to be excluded from pursuing any other pursuit, or occupation whatever? Suppose the trade of button-makers, which was a trade that speedily passed away; or of gun-makers, of whom probably 40,000 might be in a few months thrown out of employment, was it to be held that they could follow no other occupation, but must remain a burden upon the community? The more he considered the present measure, the more he was satisfied of its utility.

Mr. Protheroe explained that he could wish a general review of the whole system.

Mr. Giddy thought if any one measure more than another could be said to involve the general rights of mankind, the present was that measure. What was this but the general right of the inhabitants of this country to employ the energies of their mind and body in the way they themselves pleased? And if a system were to be continued by which men were deprived of this general and undoubted right, it seemed to be incumbent on those who contended for the continuance of such a restriction to shew on what principle it was founded. If gentlemen attended to the time in which the law in question was passed, they would find it was a period in which many ill-advised monopolies had been granted, and one in which remonstrances on that subject had been made by the House of Commons on the impolicy of such a system, which had not been much attended to. Nothing, he was convinced, had contributed so much as the law in question to check the progress in our arts and manufactures.

Sir C. Mordaunt, on the part of his constituents, the manufacturers of Birmingham, was strongly in favour of the present repeal. If the law, as it now stood, were put in force, it would have the effect of imposing the strongest possible fetters upon ingenuity and industry.

Mr. Thompson liked liberty; and doing so, he wished to see every man have the liberty of employing his hands and his genius in the best way he could to his own advantage, and for the benefit of the country. This no man was at liberty to do, so long as the present law remained in force. He wished the law totally repealed, though the Bill did not go so far. The present law was necessarily broken every day. It was clear that the judges always wished to evade it, when they could do so. He knew a case of two men who were prosecuted under the Act for sawing a piece of wood; another, of a good and bad baker in the same town; where the bad one, finding that the good one had not served a regular apprenticeship, had him turned out, and got liberty to poison all his neighbours with his bad bread. Some years ago the printers struck, and there was a difficulty in getting even the parliamentary papers printed. Let those who chose it bind their children as apprentices; but let not others be compelled to do the same. Instances of the absurdity of the law would be innumerable. It was none the better for the age of it, which the worthy baronet had stated. It was, in fact, superannuated; and it was much the kindest way to let it die quietly, and so confer an advantage both on the country and Ireland. Lord Ellenborough once got the coach-makers out of a scrape ingeniously enough. They were attacked as wheelmakers; but his lordship said that coaches could not have been known in Elizabeth's days, as that queen went to parliament on horseback. He perfectly agreed in the opinion which Lord Mansfield had given, in speaking of the Act of Elizabeth, that "it was against the natural rights of man, and contrary to the common law rights of the land."

Mr. Rose considered this as a subject of extraordinary difficulty. After all that had been said, he could not help thinking that if the Bill were passed into law, it would put an end to apprenticeships altogether; for no person would subject himself to a seven years' servitude when he knew that having fulfilled his indenture, he would only be on a level with a man who perhaps had not been one year at the business. He was willing to examine and improve the 5th of Elizabeth, but would not agree to this unqualified repeal.

Sir J. Newport was surprised that the hon. baronet (Sir F. Flood) should be so anxious to perpetuate a statute which never was law in Ireland; and yet in that country, where no such penalties as those inflicted by the 5th of Elizabeth existed, the system of apprenticeships was freely and voluntarily adopted. He thought, on every principle of justice, that the subject was entitled to make use of his abilities and industry in those pursuits most beneficial to his interests.

Sir S. Romilly had been applied to on the subject of the present Bill, by the constituents of two hon. gentlemen who had already delivered their sentiments on the measure this night (Messrs. Protheroe and Davis). He felt the highest respect for the gentlemen who had so applied to him on the subject of the present Bill; but his opinion of the measure being decidedly opposite to theirs, he thought he should not be acting a manly part were he either to abstain from voting on the Bill, or were he to content himself with a silent vote on this occasion. He was satisfied that there were reasons sufficiently strong to support the system of apprenticeships in those trades in which a number of years were requisite to the acquiring a knowledge of them, without the assistance of the law as it now stood. This law, which went to prohibit a man from the exercise of that trade for which he was fit, he therefore thought ought to be repealed. For what was it but to take from a poor man the only property he possessed—his genius and industry—and to drive him into a workhouse; or to force him to abandon his country, and to forsake his wife and family. These were the moral consequences which the House was to look for from a perseverance in the law as it now stood.

Alderman Atkins hoped that some clause might be introduced into the Bill when it was in the committee, that would give sufficient encouragement to the apprentice system; while, at the same time, the abuses of it might be remedied.

Sir F. Flood, seeing the sense of the House against him, withdrew his amendment.

Mr. Canning wished the Bill to go into the committee. He was aware that the subject was attended with considerable difficulties. The difficulty would be to find the means of doing away the abuses complained of, without doing away the system altogether, which he was convinced was useful to the perfection of our manufactures, and still more useful as affecting the morality of the lower orders.

Mr. Serjeant Best said that if no other member introduced a clause to that effect, he himself should feel it his duty to propose one. He thought the penal clauses of the Act of Elizabeth should certainly be repealed, but that at the same time it was much better that young people should not be left without some control. He thought that at present the masters had much more advantages from the services of the apprentices, than the apprentices had from the instruction of the master, as most of those trades might be learned in a very short time. He therefore wished that part of the earnings might go to the parents, as an encouragement to the system.

Mr. P. Moore opposed the Bill, because he thought that its enactment would operate seriously to the prejudice of our manufactures both in skill and reputation. Indeed, such had been found the effect of the partial repeal of the statute of Elizabeth with respect to the woollen manufacture.[356] For although the Yorkshire tag had formerly been a sufficient recommendation upon the continent, yet since the repeal alluded to, our pieces of woollen manufactures were examined yard by yard before they were purchased.

Mr. Lockhart expressed his opinion, that this Bill, if enacted, should only operate prospectively; that is, that it should not become effective until a certain period; so that those mechanics who had served apprenticeships upon the faith of the existing law, should not be injured by its operation, by being thrown out of employment at a period of life when they could not devote themselves to any other profession than that to which they had been reared.

Mr. B. Shaw deprecated the idea that morality was likely to be endangered, or our manufactures injured, by the enactment of the Bill under consideration; for Scotland, to which the Act of Elizabeth never extended, was never found in any degree inferior in morality or skill in manufacture.

Mr. W. Smith observed, that he never heard of any proposition of reform which was not likely to be inconvenient to some persons; and therefore he was not surprised at the assertion, that the adoption of the Bill before the House would operate to injure the interests of particular persons. The apprehension of such injury was, however, in his judgment, unfounded. But still, those who expressed the apprehension were entitled to attention; and the objections which certain petitioners urged against this Bill, would, he had no doubt, meet all due consideration in the committee. The fact was, as to the statute of Elizabeth, that its existence served to create monopolies; and the effect of those monopolies was, that when the demand for an article was large, the price was enhanced to the public; while, when the demand became small, many workmen were thrown out of employment. Therefore, the repeal of that statute would tend to serve both the public and the workmen. As to the argument advanced in support of the statute of Elizabeth, merely in consequence of its antiquity, he could not admit that it had any force. He declared that his ears were quite tired of the phrase "the wisdom of our ancestors," which phrase was, in fact, calculated only to impose upon the superficial. For, after all, what did this phrase mean? The world was younger in the time of our ancestors, although they were older than us. Time, Lord Bacon said, was the greatest innovator; and if, at this advanced time of the world, after all our experience, we could not improve upon the system of our ancestors, our intellects must be what would hardly be asserted, not only quite unequal to theirs, but infinitely inferior. How, then, could it be pretended, that the same legislative arrangements applied in the reign of Elizabeth, when the trade of the whole British Empire was not equal to that of the port of London at this day, was strictly applicable at present, and suited to our improved situation?

Mr. Serjeant Onslow replied, and, observing upon the petitions on the table against the Bill, expressed his conviction that they were not the unsolicited acts of the petitioners; as indeed appeared from several placards about town, inviting signatures to such petitions; and those petitioners, he meant especially the journeymen mechanics, would find the repeal of the Act of Elizabeth rather materially serviceable, than in any degree injurious to their interests.

The Bill was read a second time, and ordered to be committed on Tuesday.

[The apprenticeship regulations of the 5 Eliz. c. 4 were abolished by 54 Geo. III. 96, 1814.]

[352] For enforcing the Statute of Apprentices.

[353] Parliamentary Debates, Series I, Cols. 423-25, Vol. XXVII.

[354] Parliamentary Debates, Series I, Vol. XXVII, Cols. 563-74.

[355] Parliamentary Debates, Series I, Vol. XXVII, Cols. 879-884.

[356] The apprenticeship regulations in the woollen industries had been set aside by Acts of Parliament, 1803 and 1809.

14. Resolutions of the Watchmakers on Apprenticeship [Report of Committee on Petitions of the Watchmakers, 1817 (VI)], 1817.

1. That the obvious intention of our ancestors, in enacting the statute of the 5 Elizabeth, cap. 4, was to produce and maintain a competent number and perpetual succession of masters and journeymen, of practical experience, to promote, secure, and render permanent the prosperity of the national arts and manufactures, honestly wrought by their ability and talents, inculcated by a mechanical education, called a seven years' apprenticeship; whereby according to the memorable words of the statute itself "it will come to pass, that the same law (being duly executed) should banish idleness, advance husbandry, and yield unto the hired person, both in time of scarcity and in time of plenty, a convenient proportion of wages."

2. That it is by apprenticeships, that the practitioners in the arts and manufactures attain the high degree of perfection, whereby British productions have arrived at the great estimation in which they were heretofore held in foreign markets.

8. That the apprenticed artisans have, collectively and individually, an unquestionable right to expect the most extended protection from the Legislature, in the quiet and exclusive use and enjoyment of their several and respective arts and trades, which the law has already conferred upon them as a property, as much as it has secured the property of the stockholder in the public funds; and it is clearly unjust to take the whole of the ancient established property and rights of any one class of the community, unless, at the same time, the rights and property of the whole commonwealth should be dissolved, and parcelled out anew for the public good.

10. That in consequence of too minute a division of labour, injudiciously allowed in several manufactures, the workmen employed are not enabled to make throughout any one article however simple, or even to maintain themselves by their industry.

11. That the unlimited or promiscuous introduction of various descriptions of persons without apprenticeship into the manufactures occasions a surplus of manufacturing poor, and an unnecessary competition, ruinous to the commercial capital and industry of the nation; because the overflow of goods causes all the productions of the manufacturies to fall in price, and be sold to foreigners for less money than they cost in making; which deficiencies are necessarily made up by the ruin of the master manufacturers, bankruptcies, and dividends to creditors; and are the cause of increased parochial and other rates, thus necessarily created, for the support of the poor workmen, who are deprived of the fair price of their honest labour.

17. That the system of apprenticeships, whether considered in a religious, political or moral point of view, is highly beneficial to the State, and from the neglect thereof is to be attributed the great defalcation of public morals, the numerous frauds committed in trade, the increased numbers of juvenile criminals, public trials and executions.

18. That the pretensions to the allowance of universal uncontrolled freedom of action to every individual founded upon the same delusive theoretical principles which fostered the French Revolution, are wholly inapplicable to the insular situation of this Kingdom, and if allowed to prevail, will hasten the destruction of the social system so happily arranged in the existing form and substance of the British constitution, established by law.

19. That the meeting highly approves the proceedings of the 62,875 masters and journeymen, who have already presented petitions, to the House of Commons, praying for leave to bring a Bill into Parliament to amend, extend and make more effectual the statute of apprenticeship, 5 Elizabeth, chap. 4.

21. That the most effectual preventive against and check upon combinations of journeymen, as also of masters in any trade, is for the persons engaged in such trades to take apprentices as required by law.

15. Report of Committee on the Ribbon Weavers [Report of Committee on the Ribbon Weavers, 1818 (IX)], 1818.

Your Committee also report, That it appears by the examination that the silk, and ribbon weavers in particular, are and have been for some time past suffering great privations and distress, arising out of inadequate wages; that such distress has had the effect of reducing thousands of them to seek parochial aid, and have, in consequence, increased the poor-rate, especially in the parishes of Coventry and in the County of Warwick, where the ribbon trade is the staple manufacture, to an extent too burdensome to be much longer borne.

That the low rate of wages complained of by the Petitioners is not in consequence of the want of trade, it having been proved to your committee that there are as many silk goods, particularly ribbons, now making, as at any former time.

That a system of half-pay apprenticeship has been resorted to, which has been attended with ruinous consequences to the morals of such apprentices, and exceedingly injurious to the trade.

That the evils complained of do not exist in London, Westminster, and Middlesex; which your committee believe to be owing to the provisions of the act called the Spitalfields Act, which extend to those places, the effects of which are fully detailed in the evidence.

That the whole of the masters and weavers in the Ribbon Trade concur in the propriety of an extension of the Spitalfields Act.

Your Committee are, therefore, of opinion, that it is absolutely necessary, for the protection of the weavers in the silk trade, and the ribbon trade in particular, and to enable them to support themselves and families, and also for protecting the parishes in which these trades are carried on, that some legislative interference should take place; and your committee think that a remedy could be found in the extension of the provisions of the Spitalfields and Dublin Acts, or at least a trial of that extension for a period of a few years, by way of experiment.

Your committee cannot but remark, that whilst the Statute of 5th Elizabeth, c. 4, was in force, that the distressing circumstances now complained of, never occurred.

3 June, 1818.

16. The Cotton Factory Act of 1819 [Statutes, 59 Geo. III, 66], 1819.

An Act to make further Provisions for the Regulation of Cotton Mills and Factories, and for the better Preservation of the Health of young Persons employed therein.

I. No child shall be employed in any description of work, for the spinning of cotton wool into yarn, or in any previous preparation of such wool, until he or she shall have attained the full age of nine years.

II. And be it further enacted, that no person, being under the age of sixteen years, shall be employed in any description of work whatsoever, in spinning cotton wool into yarn, or in the previous preparation of such wool, or in the cleaning or repairing of any mill, manufactory or building, or any millwork or machinery therein, for more than twelve hours in any one day, exclusive of the necessary time for meals; such twelve hours to be between the hours of five o'clock in the morning and nine o'clock in the evening.

III. And be it further enacted, that there shall be allowed to every such person, in the course of every day, not less than half an hour to breakfast, and not less than one full hour for dinner; such hour for dinner to be between the hours of eleven o'clock in forenoon and two o'clock in the afternoon.

IV. Provided nevertheless, and be it further enacted, that if at any time, in any such mill, manufactory or buildings as are situated upon streams of water, time shall be lost in consequence of the want of a due supply, or of an excess of water, then and in every such case, and so often as the same shall happen, it shall be lawful for the proprietors of any such mill, manufactory or building, to extend the before mentioned time of daily labour, after the rate of one additional hour per day, until such lost time shall have been made good, but no longer.

V. And be it further enacted, that the ceilings and interior walls of every such mill, manufactory, or building shall be washed with quick lime and water twice in every year.

17. Oastler's First Letter on Yorkshire Slavery [The Leeds Mercury, Saturday, October 16, 1830], 1830.

Slavery in Yorkshire.

To the editors of the Leeds Mercury.

"It is the pride of Britain that a Slave cannot exist on her soil; and if I read the genius of her constitution aright, I find that Slavery is most abhorrent to it—that the air which Britons breathe is free—the ground on which they tread is sacred to liberty."

Rev. R.W. Hamilton's Speech at the Meeting held in the Cloth-Hall Yard, Sept. 22nd, 1830.[357]

Gentlemen,—No heart responded with truer accents to the sounds of liberty which were heard in the Leeds Cloth-hall yard, on the 22nd instant, than did mine, and from none could more sincere and earnest prayers arise to the throne of Heaven, that hereafter Slavery might only be known to Britain in the pages of her history. One shade alone obscured my pleasure, arising not from any difference in principle, but from the want of application of the general principle to the whole Empire. The pious and able champions of Negro liberty and Colonial rights should, if I mistake not, have gone farther than they did; or perhaps, to speak more correctly, before they had travelled so far as the West Indies, should, at least for a few moments, have sojourned in our immediate neighbourhood, and have directed the attention of the meeting to scenes of misery, acts of oppression and victims of Slavery, even on the threshold of our homes!

Let the truth speak out, appalling as the statements may appear. The fact is true. Thousands of our fellow-creatures and fellow-subjects, both male and female, the inhabitants of a Yorkshire-town, (Yorkshire now represented in Parliament by the giant of anti-slavery principles,[358]) are at this very moment existing in a state of slavery more horrid than are the victims of that hellish system—"Colonial Slavery." These innocent creatures drawl out unpitied their short but miserable existence, in a place famed for its profession of religious zeal, whose inhabitants are ever foremost in professing "Temperance" and "Reformation," and are striving to outrun their neighbours in Missionary exertions, and would fain send the Bible to the farthest corner of the Globe—aye in the very place where the anti-slavery fever rages most furiously, her apparent charity is not more admired on earth, than her real cruelty is abhorred in heaven. The very streets which receive the droppings of an "Anti-Slavery Society" are every morning wet with the tears of innocent victims at the accursed shrine of avarice, who are compelled (not by the cart-whip of the negro slave-driver) but by the dread of the equally appalling thong or strap of the overlooker, to hasten half-dressed, but not half-fed, to those magazines of British Infantile Slavery—the Worsted Mills in the town and neighbourhood of Bradford!!!


Thousands of little children, both male and female, but principally female, from SEVEN to fourteen years, are daily compelled to labour from six o'clock in the morning to seven in the evening with only—Britons, blush whilst you read it!—with only thirty minutes allowed for eating and recreation.


The Blacks may be fairly compared to beasts of burden kept for their master's use. The whites to those which others keep and let for hire! If I have succeeded in calling the attention of your readers to the horrid and abominable system on which the worsted mills in and near Bradford are conducted, I have done some good. Why should not children working in them be protected by legislative enactments, as well as those who work in cotton mills. Christians should feel and act for those whom Christ so eminently loved and declared that "of such is the kingdom of heaven."

Your insertion of the above in the Leeds Mercury, at your earliest convenience, will oblige, Gentlemen,

Your most obedient servant,
Richard Oastler.

Fixby Hall, near Huddersfield, Sept. 29th, 1830.

[357] September 22, 1830, an anti-Slavery meeting at the Coloured Cloth Hall, Leeds, addressed by Lord Morpeth, Henry Brougham, etc., in favour of the abolition of Slavery in the British colonies.

[358] Brougham.

18. Factory Act [Statutes, 3 and 4 Wm. IV, 103], 1833.

An Act to regulate the Labour of Children and young Persons in the Mills and Factories of the United Kingdom.

... no person under eighteen years of age shall be allowed to work in the night, that is to say between the hours of half-past eight o'clock in the evening and half-past five o'clock in the morning, except as hereinafter provided, in or about any cotton, woollen, worsted, hemp, flax, tow, linen, or silk mill or factory....

II. And be it further enacted, that no person under the age of eighteen years shall be employed in any such mill or factory in such description of work as aforesaid more than twelve hours in any one day, nor more than sixty-nine hours in any one week, except as hereinafter provided.

VI. And be it further enacted, that there shall be allowed in the course of every day not less than one and a half hours for meals to every such person restricted as hereinbefore provided to the performance of twelve hours work daily.

VII. And be it enacted, that from and after the first day of January one thousand eight hundred and thirty-four it shall not be lawful for any person whatsoever to employ in any factory or mill as aforesaid, except in mills for the manufacture of silk, any child who shall not have completed his or her ninth year of age.

VIII. And be it further enacted, that from and after the expiration of six months after the passing of this act, it shall not be lawful for any person whatsoever to employ, keep, or allow to remain in any factory or mill as aforesaid for a longer time than forty-eight hours in any one week, nor for a longer time than nine hours in any one day, except as herein provided, any child who shall not have completed his or her eleventh year of age, or after the expiration of eighteen months from the passing of this act any child who shall not have completed his or her twelfth year of age, or after the expiration of thirty months from the passing of this act any child who shall not have completed his or her thirteenth year of age: Provided nevertheless, that in mills for the manufacture of silk children under the age of thirteen years shall be allowed to work ten hours in any one day.

[XI. No child under thirteen to be employed without a certificate that the child is of normal strength and appearance.]

XVII.... it shall be lawful for His Majesty by Warrant under his Sign Manual to appoint during His Majesty's pleasure four persons to be Inspectors of factories and places where the labour of children and young persons under eighteen years of age is employed, ... and such Inspectors or any of them are hereby empowered to enter any factory or mill, and any school attached or belonging thereto, at all times and seasons by day or by night, when such mills or factories are at work....

XVIII. And be it further enacted, that the said Inspectors or any of them shall have power and are hereby required to make all such rules, regulations, and orders as may be necessary for the due execution of this act, which rules, regulations, and orders shall be binding on all persons subject to the provisions of this act; and such inspectors are also hereby authorised and required to enforce the attendance at school of children employed in factories according to the provisions of this act....

XX. And be it further enacted, that from and after the expiration of six months from the passing of this act, every child hereinbefore restricted to the performance of forty-eight hours of labour in any one week shall, so long as such child shall be within the said restricted age, attend some school....

19. Proposals for a Wages Board for Hand-loom Weavers [First Report from Committee on Hand-loom Weavers' Petitions, 1834 (X), pp. 48-9], 1834.

Evidence of Hugh Mackenzie, June 28, 1834.

Have the goodness to explain to the Committee ... what are the boards of trade for which you have sent up petitions to the House?

We have endeavoured upon many occasions to make this system of a board of trade, which we pray for, as well understood as possible.... Now the old Spitalfields Act every one that is not friendly to the present proposed plans of boards of trade never fails to bring forward as an objection, as a thing which has been practically tried and failed. There is, however, nothing more different. The Spitalfields Act carried its own ruin in its constitution; it was framed upon the principle of being local, and confined to one place only. It was impossible that such an act could stand long, for whilst competition went on in the country, other manufacturers who were only at ten miles distance, or anywhere where the act did not extend, were at liberty to set up the same kind of work, and pay for it, without any transgression of the law, at a great reduction. This being the case, the trade of Spitalfields then began to spread to different parts of the country where the act did not extend; the consequence was, that Spitalfields was soon undersold by cheaper goods than it could make itself, and this led to the ruin of the Spitalfields Act. But had the thing been made general, and extended over the whole nation, the towns in the neighbourhood could not have underwrought Spitalfields; they would have been on the same footing. Had that act been made general, it would have been very good for the country at large; not the fixed price that the Spitalfields Act contained, but the minimum, the lowest price; it might rise and fall according to the circumstances of the trade. Now our views of it are exactly and principally founded upon that; a board of trade that shall extend over the whole nation, and that it shall be under one superintending head. We suppose that that superintending head could be nothing short of His Majesty's Board of Trade in London, and that boards of trade in local places in the country, who are only branches, locally established, not to do as themselves pleased, but they are to be all subordinate to one general board: that these boards shall be at all times guided by the circumstances of the times; and that this data, or lowest minimum of price, shall be taken from what the manufacturer or manufacturers of respectability are able and willing to pay, provided that others were obliged to pay the same prices with him, and that he could not be undersold in the market: that the foreign trade shall by no means be excluded from the consideration of the board; they are to be taken into consideration whether it is expedient that the prices shall be brought down a little, or up a little, just as the nature of trade might require....

Have you any parties introduced in these boards of trade consisting of masters and workmen, who would belong to neither party, who would act in conjunction with them in arbitrating where there was a difference of opinion whether the master paid too little or too much wages? Yes, we had conceived that the self-interest of both parties might induce them to differ, supposing an equal number of manufacturers and weavers composed this board; and one party under such circumstances must of course be in the wrong. Now the only arbiter that could be brought forth under such circumstances must be a neutral, that was pretty well versed in the nature of trade, and that arbitrator could be none other than His Majesty's Board of Trade in London.

In Glasgow or anywhere in Scotland, have you a board of trade in operation upon the principles you approve of, that you think would answer all purposes? It is going on just now; it is working at Paisley very finely, and at Glasgow.


Just explain those principles as far as you can? The working of the Paisley board at the present time, and the working of the Glasgow board, are exactly upon the same principles. The principle is this, that for all the species of work made at Paisley, the manufacturers made out a table of prices, and the weavers made out another; they were reciprocally handed to each other for correction, and the result was, they came to a mutual agreement; they entered into a 12 months' agreement, that they would issue no more work out to their workmen below the minimum price fixed, say it was 1s. for a certain fabric.[359]

[359] Cf. Fielden's proposals, as reported by the Committee's Second Report, 1835 (XIII), p. 14.

"The principal feature of Mr. Fielden's Bill is, that returns shall be made every three or six months of the prices of weaving paid by the smallest number of manufacturers, who collectively made one-half of the goods of any description in the parish or township whence the returns are sent, and the average of the highest prices paid by a majority of such manufacturers, shall be the lowest price to be paid in such parish or township during the succeeding three or six months. The effects of the measure would be to withdraw from the worst-paying masters the power which they now possess of regulating wages, and to confer it upon those whose object it is to raise the condition and character of the workpeople."

20. Coal Mines Regulation Act [Statutes 5 and 6, Victoria 99], 1842.

An Act to prohibit the employment of women and girls in mines and collieries, to regulate the employment of boys, and to make other provisions relating to persons working therein.

... That from and after the passing of this act it shall not be lawful for any owner of any mine or colliery whatsoever to employ any female person within any mine or colliery, or permit any female person to work or be therein, for the purpose of working therein, other than such as were at or before the passing of this act employed within such mine or colliery; and that from and after three calendar months from the passing of this act it shall not be lawful for any owner of any mine or colliery to employ any female person who at the passing of this act shall be under the age of eighteen years within any mine or colliery....

II.... That from and after the first day of March, one thousand eight hundred and forty-three, it shall not be lawful for any owner of any mine or colliery to employ any male person under the age of ten years ... other than such as at the passing of this act shall have attained the age of nine years, and were at or before the passing of this act employed within such mine or colliery.

III.... That it shall be lawful for one of Her Majesty's principal Secretaries of State, if and when he shall think fit, to appoint any proper person or persons to visit and inspect any mine or colliery; and it shall be lawful for every person so authorised to enter and examine such mine or colliery ... at all times and seasons, by day or by night, and to make inquiry touching any matter within the provisions of this act; ...

[VII. No provision of the Act to affect employment on the surface.]

X. And whereas the practice of paying wages to workmen at public houses is found to be highly injurious to the best interests of the working classes; be it therefore enacted, that from and after the expiration of three months from the passing of this act no proprietor or worker of any mine or colliery, or other person, shall pay or cause to be paid any wages ... at or within any tavern, public house, beer shop, or other house of entertainment.

[XI. Wages so paid can be recovered as if no payment made.]

21. Debate on Factory Legislation [Parliamentary Debates, 3rd Series, Vol. 73, Cols. 1073-1151], 1844.

Hours of Labour in Factories. House of Commons in Committee on the Factories Bill. March 15, 1844.

Lord Ashley rose to propose the amendment of which he had given notice—

"That, the word 'night' shall be taken to mean from six o'clock in the evening to six o'clock in the following morning; and the word 'mealtime' shall be taken to mean an interval of cessation from work for the purpose of rest and refreshment, at the rate of two hours a day, with a view to effect a limitation of the hours of labour to ten in the day."

The form of my amendment (said the noble Lord) requires some preliminary explanation. I move it in its present shape at the suggestion of my right hon. friend and the Government, though I fear that in adopting that course I subject myself to some disadvantage. The House will allow me at the outset to explain my amendment. I propose that the word "night," in this clause shall be taken to mean from six o'clock in the evening till six on the following morning, that will leave twelve clear hours during which work shall cease, and I propose further, that out of the twelve hours of day, there shall be two hours during which there shall be a cessation of labour; but that no person shall be affected by this amendment, except those who, under clause ten, are guaranteed against night-work, children, and young persons under thirteen years of age. If I succeed in this amendment it will be necessary to make some corresponding alteration in the eighth clause. The tenth clause I propose to leave, as that will afford an opportunity of giving some relaxation through the summer months. During the winter months, that is from the 15th of October to the 15th of March, hours of labour are not to exceed ten, two being for meals; but during the summer months, that is from the 15th of March to the 15th of October, the hours to be twelve and two for meals, making fourteen in the whole. Now, I would say with a view to conciliate opposition, that though I shall be ready to propose, as I intend to do, to limit the labour of all young persons and children to ten hours in each day, I am yet willing to obtain that object in parts and by degrees; that is, I propose to limit the hours of labour for such persons to eleven hours a day from the 1st of October in the present year, and ten hours a day from the 1st of October, 1845. Nearly eleven years have now elapsed since I first made the proposition to the House which I shall renew this night. Never, at any time, have I felt greater apprehension or even anxiety; not through any fear of personal defeat, for disappointment is "the badge of all our tribe;" but because I know well the hostility that I have aroused, and the certain issues of indiscretion on my part affecting the welfare of those who have so long confided their hopes and interests to my charge.

And here let me anticipate the constant, but unjust, accusation that I am animated by a peculiar hostility against factory masters, and I have always selected them as exclusive objects of attack. I must assert that the charge, though specious, is altogether untrue. I began, I admit, this public movement by an effort to improve the condition of the factories; but this I did, not because I ascribed to that department of industry a monopoly of all that was pernicious and cruel, but because it was then before the public eye, comprised the wealthiest and most responsible proprietors, and presented the greatest facilities for legislation.

As soon as I had the power, I showed my impartiality by moving the House for the Children's Employment Commission. The curious in human suffering may decide on the respective merits of the several reports; but factory labour has no longer an unquestionable pre-eminence of ill fame; and we are called upon to give relief, not because it is the worst system, but because it is oppressive, and yet capable of alleviation. Sir, I confess that ten years of experience have taught me that avarice and cruelty are not the peculiar and inherent qualities of any one class or occupation—they will ever be found where the means of profit are combined with great and, virtually, irresponsible power—they will be found wherever interest and selfishness have a purpose to serve, and a favourable opportunity.


This will conclude the statement that I have to make to the House—and now, sir, who will assert that these things should be permitted to exist? Who will hesitate to apply the axe to the root of the tree, or, at least, endeavour to lop off some of its deadliest branches? What arguments from general principles will they adduce against my proposition? What, drawn from peculiar circumstances? They cannot urge that particular causes in England give rise to particular results; the same cause prevails in various countries; and wherever it is found, it produces the same effects. I have already stated its operation in France, in Russia, in Switzerland, in Austria, and in Prussia; I may add also in America; for I perceive by the papers of the 1st of February, that a Bill has been proposed in the Legislature of Pennsylvania, to place all persons under the age of sixteen within the protection of the "ten hours" limit. I never thought that we should have learned justice from the City of Philadelphia. In October last I visited an immense establishment in Austria, which gives employment to several hundred hands; I went over the whole, and conversed with the managers, who detailed to me the same evils and the same fruits as those I have narrated to the House—prolonged labour of sixteen, and seventeen hours, intense fatigue, enfeebled frame, frequent consumptive disorders, and early deaths—yet the locality had every advantage; well-built and airy houses in a fine open country, and a rural district; nevertheless, so injurious are the effects, that the manager added, stating at the same time the testimony of many others who resided in districts where mills are more abundant, that, in ten years from the time at which he spoke, "there would hardly be a man in the whole of those neighbourhoods fit to carry a musket."

Let me remind, too, the House of the mighty change which has taken place among the opponents to this question. When I first brought it forward in 1833, I could scarcely number a dozen masters on my side, I now count them by hundreds. We have had, from the West Riding of Yorkshire, a petition signed by 300 mill-owners, praying for a limitation of labour to ten hours in the day. Some of the best names in Lancashire openly support me. I have letters from others who secretly wish me well, but hesitate to proclaim their adherence; and even among the members of the Anti-Corn-Law League, I may boast of many firm and efficient friends. Sir, under all the aspects in which it can be viewed, this system of things must be abrogated or restrained—it affects the internal tranquillity of those vast provinces, and all relations between employer and employed—it forms a perpetual grievance and ever comes uppermost among their complaints in all times of difficulty and discontent. It disturbs the order of nature, and the rights of the labouring men, by ejecting the males from the workshop, and filling their places by females, who are thus withdrawn from all their domestic duties and exposed to insufferable toil at half the wages that would be assigned to males, for the support of their families. It affects—nay, more, it absolutely annihilates, all the arrangements and provisions of domestic economy—thrift and management are altogether impossible; had they twice the amount of their present wages, they would be but slightly benefited—everything runs to waste; the house and children are deserted; the wife can do nothing for her husband and family; she can neither cook, wash, repair clothes, nor take charge of the infants; all must be paid for out of her scanty earnings, and, after all, most imperfectly done. Dirt, discomfort, ignorance, recklessness, are the portion of such households; the wife has no time for learning in her youth, and none for practice in her riper age; the females are most unequal to the duties of the men in the factories; and all things go to rack and ruin, because the men can discharge at home no one of the especial duties that Providence has assigned to the females. Why need I detain the House by a specification of these injurious results? They will find them stated at painful length in the Second Report of the Children's Employment Commission. Consider it, too, under its physical aspect! Will the House turn a deaf ear to the complaints of suffering that resound from all quarters? Will it be indifferent to the physical consequences on the rising generation? You have the authority of the Government Commissioner, Dr. Hawkins, a gentleman well skilled in medical statistics—

"I have never been (he tells you) in any town in Great Britain or in Europe, in which degeneracy of form and colour from the national standard has been so obvious as in Manchester."

I have, moreover, the authority of one of the most ardent antagonists, himself a mighty mill-owner, that, if the present system of labour be persevered in, the "county of Lancaster will speedily become a province of pigmies." The toil of the females has hitherto been considered the characteristic of savage life; but we, in the height of our refinement, impose on the wives and daughters of England a burthen from which, at least during pregnancy, they would be exempted even in slave-holding states, and among the Indians of America. But every consideration sinks to nothing compared with that which springs from the contemplation of the moral mischiefs this system engenders and sustains. You are poisoning the very sources of order and happiness and virtue; you are tearing up, root and branch, all the relations of families to each other; you are annulling, as it were, the institution of domestic life, decreed by Providence Himself, the wisest and kindest of earthly ordinances, the mainstay of social peace and virtue, and therein of national security.

Right Hon. Sir J.R.G. Graham[360]:

Sir, I never rose to discharge any duty in this House which I considered at the same time more painful and more imperative. The pain, I must admit, is considerably increased by the eloquence of the address which my noble friend has just concluded, and especially of the passage which marked the close of his speech. The noble lord has asked whether any man will be found in this House to resist the proposal which he has thought it his duty to make, and he has appealed to considerations of justice and mercy, intimating, if not directly, at least by implication, that resistance to his motion is inconsistent both with justice and mercy. I, on the other hand, having due regard to those sacred principles which my noble friend has invoked, am bound, on my own part, and on the part of the Government, to offer to the proposal of the noble Lord my decided opposition.

The noble lord said, the time is come when, in his opinion, it is necessary to lay the axe to the root of the tree. Before we do this let me entreat the Committee carefully to consider what is that tree which we are to lay prostrate. If it be, as I suppose, the tree of the commercial greatness of this country, I am satisfied that although some of its fruits may be bitter, yet upon the whole it has produced that greatness, that wealth, that prosperity, which make these small islands most remarkable in the history of the civilised world, which, upon the whole, diffuse happiness amidst this great community, and render this nation one of the most civilised, if not the most civilised, and powerful on the face of the globe.


My noble friend stated that he would not enter into the commercial part of the question; but if I can show that the inevitable result of the abridgement of time will be the diminution of wages to the employed, then I say, with reference to the interests of the working classes themselves, there never was a more doubtful question before Parliament than this. The House will remember that the branches of manufacture affected by this Bill are dependent upon machinery. Such is the rapidity with which improvements are made, that no machinery can last more than twelve or thirteen years without alterations; and master manufacturers have been obliged to pull down machinery that was perfectly sound and good to make the necessary alterations which competition forces upon them. Well, then, it is necessary to replace machinery in the course of twelve or thirteen years. You are now discussing whether you shall abridge by one-sixth the period of time in which capital is to be replaced, all interest upon it paid, and the original outlay restored. Such an abridgement would render it impossible that capital with interest should be restored. Then in the close race of competition which our manufacturers are now running with foreign competitors, it must be considered what effect this reduction of one-sixth of the hours of labour would have upon them. The question in its bearing upon competition must be carefully considered; and I have been informed that in that respect such a step would be fatal to many of our manufacturers—a feather would turn the scale: an extra pound weight would lose the race. But that would not be the first effect. The first effect would fall upon the operative. It is notorious that a great part of the power of the mill-owners, a power which alone justifies such legislation as this, arises from the redundant supply of labour. It follows that when a master is pressed upon by your legislation, he will compensate himself by forcing upon those in his employ a decrease of wages. I believe the large majority of intelligent operatives comprehend that proposition thoroughly. I have seen many, and conversed with them, and they have admitted that the proposal involves a necessary decrease of wages. In the report presented in 1841 by my excellent friend Mr. Horner, who has discharged with the most honourable fidelity the duty of inspector of factories, there is information upon this point, and with the permission of the House I will read a passage—a single passage only—but one which goes to the root of the whole subject. Mr. Horner said:

"I have made an estimate of the loss a mill would sustain from working eleven hours a day only instead of twelve, and I find it would amount to £850 per annum. If it were reduced to ten hours, it would be about £1,530 per annum. Unless, therefore, the mill-owner can obtain a proportionately higher price for the commodity, he must reduce wages or abandon his trade. I have made some calculations as to the probable reduction of wages, and of the whole loss that would be thrown on the operatives. I make the amount in the case of eleven hours a day to be 13 per cent., and in the case of ten hours a day 25 per cent. at the present average rate of wages."

Now, I believe this to be perfectly accurate. The question then arises, whether you shall create in the manufacturing districts one sudden general fall of wages to the amount of 25 per cent? I believe that the adoption of the motion of my noble friend would produce that effect. Though I am most anxious to take every precaution with regard to infant labour—though I am as firmly resolved as my noble friend to urge upon the House to put a limit upon female labour, still, upon the whole, I cannot recommend the House to adopt an enactment which limits the labour of young persons to a shorter period than twelve hours.

Mr. T. Milner Gibson[361]:

As the right hon. baronet had alluded to the argument of not destroying the profits upon manufactures, he (Mr. Gibson) would read some remarks upon that point by Mr. Senior, a gentleman whose name would be of great weight with hon. members. In 1836 or 1837, Mr. Senior, with some other gentlemen, went into the manufacturing districts with the view of ascertaining the effect of factory legislation, and making observations upon the factory population. Mr. Senior wrote a letter dated the 28th March, 1837, to Mr. Poulett Thomson to the following effect:—

"Under the present law, no mill in which persons under eighteen years of age are employed (and, therefore, scarcely any mill at all), can be worked more than eleven and a half hours a day, that is twelve hours for five days in a week, and nine on Saturday. The following analysis will show that in a mill so worked the whole net profit is derived from the last hour. I will suppose a manufacturer of 100,000l.—80,000l. in his mill and machinery, and 20,000l. in raw material and wages. The annual return of that mill, supposing the capital to be turned once a year, and gross profits to be 15 per cent., ought to be goods worth 115,000l. produced by the constant conversion and reconversion of the 20,000l. circulating capital, from money into goods and from goods into money, in periods of rather more than two months. Of this 115,000l., each of the 23 half hours of work produces 5-115ths, or 1-23rd. Of these 23-23rds (constituting the whole 115,000l.) 20, that is to say, 100,000l. out of the 115,000l., simply replace the capital; 1-23rd (or 5,000l. out of the 115,000l.) makes up for the deterioration of the mill and machinery. The remaining 2-23rds, the last two of the twenty-three half hours of every day, produce the net profit of 10 per cent. If, therefore (prices remaining the same), the factory could be kept at work thirteen hours instead of eleven and a half, by an addition of about 2,600l. to the circulating capital, the net profit would be more than doubled. On the other hand, if the hours of working were reduced by one hour per day (prices remaining the same), net profit would be destroyed; if they were reduced by an hour and a half, even gross profit would be destroyed. The circulating capital would be replaced, but there would be no fund to compensate the progressive deterioration of the fixed capital."

It was clear that this principle of Mr. Senior's was sound, and if hon. gentlemen would consider it carefully they would find it indisputable. The House would consider whether they would not, as the right hon. baronet had expressed it, be affecting the safety and stability of the great staple manufactures, under the impression that they were legislating humanely for the working classes, while, in point of fact, the result would be that by the depreciation of manufactures, the greatest possible injury would be inflicted upon the operatives.

Mr. J. Bright[362] said, It is with unfeigned reluctance that I rise to speak, having so recently addressed the House at some length, but being intimately connected with the branch of industry which is affected by the proposition now under consideration, and having lived all my life among the population most interested in this Bill, and having listened most attentively for more than two hours to the speech of the noble lord, the member for Dorsetshire, I think I am entitled to be heard on the question now under discussion. I have listened to that speech without much surprise, because I have heard or read the same speech, or one very like it, on former occasions, and I did not suppose that any material change had taken place in the opinions of the noble lord. It appears to me, however, that he has taken a one-sided view, a most unjust and unfair view of the question; it may not be intentionally, but still a view which cannot be borne out by facts; a view, moreover, which factory inspectors and their reports will not corroborate, and one which, if it influence the decision of this House, will be most prejudicial to that very class which the noble lord intends to serve. The right hon. baronet, the Secretary for the Home Department, who is, I presume, the promoter of this Bill, should have given the House some reason for the introduction of a new Factory Bill. No such reason has yet been given, and I am at a loss to discover any grounds on which it can with fairness be asserted that the Bill now in operation has failed in its effect. I know the inspectors affirm that it cannot be fully carried out. Every body who knows anything of the manufactories of the North, knew when it was passed that it could not be fully carried out; and the proposition now made, is to render this impracticable Act more stringent. In a trade so extensive, employing so many people, carried on under circumstances ever varying, no Act of Parliament interfering with the minute details of its management, can ever be fully carried out. I am not one who will venture to say that the manufacturing districts of this country are a paradise; I believe there are in those districts evils great and serious; but whatever evils do there exist are referable to other causes than to the existence of factories and long chimneys. Most of the statements which the noble lord has read, would be just as applicable to Birmingham, or to this metropolis, as to the northern districts; and as he read them over, with respect to the ignorance and intemperance of the people, the disobedience of children to their parents, the sufferings of mothers, and the privations which the children endure, I felt that there was scarcely a complaint which has been made against the manufacturing districts of the north of England, which might not be urged with at least as much force against the poorest portion of the population of every large city in Great Britain and Ireland. But among the population of Lancashire and Yorkshire, where towns are so numerous as almost to touch each other, these evils are more observable than in a population less densely crowded together. I can prove, however, and I do not wish to be as one-sided as the noble lord, I can prove from authorities, which are at least as worthy of attention as his, the very reverse in many respects of what he has stated as the true state of those districts. Now the Committee will bear in mind that a large portion of the documents which the noble lord has quoted, have neither dates nor names. I can give dates and names, and I feel confident that the authorities I shall cite are worthy of the deepest attention. I must go over the grounds of complaint which the noble lord has urged, and although I may run the risk of being a little tedious, yet considering that for two hours or more I have listened to the charges which he has made, I do think that, connected as I am most intimately with the population and the district to which the noble lord has alluded, I have a right to an audience for the counter-statement which I have to make. Now, with respect to the health of the persons employed, and I will speak more particularly of the cotton trade, with which I am more immediately connected, Mr. Harrison, the inspecting surgeon for Preston, says:—

"I have made very particular inquiries respecting the health of every child whom I have examined, and I find that the average annual sickness of each child is not more than four days; at least not more than four days are lost by each child in a year in consequence of sickness. This includes disorders of every kind, for the most part induced by causes wholly unconnected with factory labour. I have been not a little surprised to find so little sickness which can fairly be attributed to mill work. I have met with very few children who have suffered from injuries occasioned by machinery; and the protection, especially in new factories, is now so complete, that accidents will, I doubt not, speedily become rare. I have not met with a single instance, out of 1,656 children whom I examined, of deformity that is referable to factory labour. It must be admitted that factory children do not present the same blooming, robust appearance, as is witnessed among children who labour in the open air; but I question if they are not more exempt from acute disease, and do not, on the whole, suffer less sickness than those who are regarded as having more healthy employments."

This was the statement of a man who had for a long time been inspecting-surgeon in a district where there are a large number of mills, and it may be taken as a fair criterion of the rest. In the analysis of the Factory Report, page 16, I find the following statement:—

"In conclusion, then, it is proved, by a preponderance of seventy-two witnesses against seventeen, that the health of those employed in cotton mills is nowise inferior to that in other occupations; and, secondly, it is proved by tables drawn up by the secretary of a sick club, and by the more extensive tables of a London actuary, that the health of the factory children is decidedly superior to that of the labouring poor otherwise employed."

From the Factory Inspector's Reports in 1834 I have extracted the following testimony, and no doubt this evidence is quite as good as if it had been given this year; for from that time to this there has been a progressive improvement in everything relating to the management of the factories of the north of England.

"The general tenor of all the medical reports in my possession confirms Mr. Harrison's view of factory labour on the health of the younger branches of working hands. It is decidedly not injurious to health or longevity, compared with other employments." Then, in page 51, Mr. Saunders says, "It appears in evidence, that of all employments to which children are subjected, those carried on in factories are among the least laborious, and of all departments of in-door labour, amongst the least unwholesome." Mr. Horner says, "It is gratifying to be able to state, that I have not had a single complaint laid before me either on the part of the masters against their servants, or of the servants against their masters; nor have I seen or heard of any instance of ill-treatment of children, or of injury to their health by their employment." And on the 21st of July, 1834, speaking on the employment of children, he says: "And as their occupation in the mills is so light as to cause no bodily fatigue, they would pass their eight hours there as beneficially as at home; indeed, in most cases, far more so."


I think I have now said enough with regard to this part of the subject—apparently too much for hon. gentlemen opposite, who appear only anxious to hear and applaud one side, and many of whom have not even heard that. But notwithstanding all these facts I admit there are evils, serious evils, and much distress in the manufacturing districts; many are still out of employment, and in many branches of trade wages are low. We have violent fluctuations in trade, and periods when multitudes endure great suffering and it becomes this House to inquire why do these fluctuations occur, and what is the great cause of their suffering. I attribute much of this to the mistaken and unjust policy pursued by this House, with respect to the trade and industry of the country. Hitherto manufacturers have had no fair chance: you have interfered with their natural progress, you have crippled them by your restrictions, you have at times almost destroyed them by monopolies, you have made them the sources of your public revenue, and the upholders of your rents, but at your hands they have never to this moment received justice and fair dealing. I do not charge the noble lord with dishonesty, but I am confident if he had looked at this question with as anxious a desire to discover truth, as he has to find materials for his case, he would have found many subjects of congratulation to counterbalance every one which he would have had reason to deplore. The noble lord and hon. gentlemen opposite, when they view from their distant eminence the state of the manufacturing districts, look through the right end of the telescope; what they see is thus brought near to them, and is greatly magnified; but when they are asked to look at the rural districts, they reverse the telescope and then everything is thrown to the greatest possible distance and is diminished as much as possible.


The noble lord, the Member for Liverpool, says, he is most anxious to improve the condition of the working classes; he points to more education, a higher state of morals, better food and better clothing, as the result of the adoption of the proposition now before the House. But there is one thing that the noble lord has failed to prove; he has failed to show how working only ten hours will give the people more sugar. The noble lord is the representative of the sugar monopolists of Liverpool, and, after voting to deprive the people of sugar, he is perfectly consistent in denying them the liberty even to work. The people ask for freedom for their industry, for the removal of the shackles on their trade; you deny it to them, and then forbid them to labour, as if working less would give them more food, whilst your monopoly laws make food scarce and dear. Give them liberty to work, give them the market of the world for their produce, give them the power to live comfortably, and increasing means and increasing intelligence will speedily render them independent enough and wise enough to bring the duration of labour to that point at which life shall be passed with less of irksome toil of every kind, and more of recreation and enjoyment. It is because I am convinced this project is now impracticable, and that under our present oppressive legislation, it would make all past injustice only more intolerable, that I shall vote against the proposition which the noble lord, the member for Dorset, has submitted to the House.

[360] Ibid. Cols. 1101-2 and 1108-9.

[361] Ibid. Cols. 1111-2.

[362] Ibid. Cols. 1132-5, 1148 and 1150-1.

22. Factory Act [Statutes 7 ana 8, Victoria 15], 1844.

An Act to amend the Laws relating to Labour in Factories.

XX. And be it enacted, that no child or young person shall be allowed to clean any part of the mill-gearing in a factory while the same is in motion for the purpose of propelling any part of the manufacturing machinery; and no child or young person shall be allowed to work between the fixed and traversing part of any self-acting machine while the latter is in motion by the action of the steam engine, water-wheel, or other mechanical power.

XXI. And be it enacted, that every fly-wheel directly connected with the steam engine or water-wheel or other mechanical power, whether in the engine house or not, and every part of a steam engine and water-wheel, and every hoist or teagle, near to which children or young persons are liable to pass or be employed, and all parts of the mill-gearing in a factory, shall be securely fenced; and every wheel-race not otherwise secured shall be fenced close to the edge of the wheel-race; and the said protection to each part shall not be removed while the parts required to be fenced are in motion by the action of the steam engine, water-wheel, or other mechanical power for any manufacturing process.

XXIV. And be it enacted, that one of Her Majesty's principal Secretaries of State, on the report and recommendation of an inspector, may empower such inspector to direct one or more actions to be brought in the name and on behalf of any person who shall be reported by such inspector to have received any bodily injury from the machinery of any factory, for the recovery of damages for and on behalf of such person.

XXIX. And be it enacted, that every child who shall have completed his eighth year, and shall have obtained the surgical certificate required by this act of having completed his eighth year, may be employed in a factory in the same manner and under the same regulations as children who have completed their ninth year; but no child under eight years of age shall be employed in any factory.

XXX. And be it enacted, that no child shall be employed in any factory more than six hours and thirty minutes in any one day, save as hereinafter excepted, unless the dinner time of the young persons in such factory shall begin at one of the clock, in which case children beginning to work in the morning may work for seven hours in one day; and no child who shall have been employed in a factory before noon of any day shall be employed in the same or any other factory, either for the purpose of recovering lost time or otherwise, after one of the clock in the afternoon of the same day, save in the cases when children may work on alternate days, or in silk factories more than seven hours in any one day, as hereinafter provided.

XXXI. And be it enacted, that in any factory in which the labour of young persons is restricted to ten hours in any one day it shall be lawful to employ any child ten hours in any one day on three alternate days of every week, provided that such child shall not be employed in any manner in the same or in any other factory on two successive days, nor after half past four of the clock in the afternoon of any Saturday: Provided always, that the parent or person having direct benefit from the wages of any child so employed shall cause such child to attend some school for at least five hours between the hours of eight of the clock in the morning and six of the clock in the afternoon of the same day on each week day preceding each day of employment in the factory, unless such preceding day shall be a Saturday, when no school attendance of such child shall be required: Provided also, that on Monday in every week after that in which such child began to work in the factory, or any other day appointed for that purpose by the inspector of the District, the occupier of the factory shall obtain a certificate from a schoolmaster, according to the form and directions given in the schedule (A) to this act annexed, that such child has attended school as required by this act; but it shall not be lawful to employ any child in a factory more than seven hours in any one day, until the owner of the factory shall have sent a notice in writing to the inspector of the district of his intention to restrict the hours of labour of young persons in the factory to ten hours a day, and to employ children ten hours a day; and if such occupier of a factory shall at any time cease so to employ children ten hours a day he shall not again employ any child in his factory more than seven hours in any one day until he shall have sent a further notice to the inspector in the manner hereinbefore provided.

XXXII. And be it enacted, that no female above the age of eighteen years shall be employed in any factory save for the same time and in the same manner as young persons may be employed in factories; and that any person who shall be convicted of employing a female above the age of eighteen years for any longer time or in any other manner shall for every such offence be adjudged to pay the same penalty as is provided in the like case for employing a young person contrary to law: provided always, that nothing herein or in the Factory Act contained as to certificates of age shall be taken to apply to females above the age of eighteen years.

23. Recommendations of the Commission on the Health of Towns [Second Report of Commissioners on State of Large Towns and Populous Districts (XVIII), 1845, pp. 13-68], 1845.

That in all cases the local administrative body appointed for the purpose have the special charge and direction of all the works required for sanitary purposes, but that the Crown possess a general power of supervision.

That before the adoption of any general measure for drainage a plan and survey upon a proper scale, including all necessary details, be obtained, and submitted for approval to a competent authority.

That the Crown be empowered to define and to enlarge from time to time the area for drainage included within the jurisdiction of the local administrative body.

That, upon representation being made by the municipal or other authority, or by a certain number of the inhabitants of any town or district, or part thereof, setting forth defects in the condition of such place, as to drainage, sewerage, paving, cleansing, or other sanitary matters, the Crown appoint a competent person to inspect and report upon the state of the defects, and, if satisfied of the necessity, have power to enforce upon the local administrative body the due execution of the law.

That the management of the drainage of the entire area, as defined for each district, be placed under one jurisdiction.

That the construction of sewers, branch sewers, and house drains, be entrusted to the local administrative body.

That the duty of providing the funds necessary to be imposed upon the local administrative body, and that the cost of making the main and branch sewers be equitably distributed among the owners of the properties benefited; and that the expense of making the house-drains be charged upon the owners of the house, to which the drains are attached, etc.

That some restriction be placed on the proportionate rates in the pound to be levied in one year, but if the local administrative body finds that there is need for larger funds, for the immediate execution of works for sanitary measures, than can be provided by such rates, it be empowered to raise, by loan on security of the rates, subject to the approval of the Crown, such sums as may be requisite for effecting the objects in view.

That provision always be made for the gradual liquidation of such debts, within a given number of years.

That the whole of the paving, and the construction of the surface of all streets, courts and alleys be placed under the management of the same authority as the drainage.

That the provisions in local Acts, vesting the right to all the dust, ashes, and street refuse in the local administrative body, be made general; and that the cleansing of all privies and cess-pools at proper times, and on due notice, be exclusively entrusted to it.

That it be rendered imperative on the local administrative body, charged with the management of the sewerage and drainage, to procure a supply of water in sufficient quantities not only for the domestic needs of the inhabitants, but also for cleansing the streets, scouring the sewers and drains, and the extinction of fire....

That measures be adopted for promoting a proper system of ventilation in all edifices for public assemblage and resort, especially those for the education of youth.

That, on complaint of the parish medical or other authorised officer, that any house or premises are in such a filthy and unwholesome state as to endanger the health of the public, and an infectious disorder exists therein, the local administrative body have power to require the landlord to cleanse it properly, without delay; and in case of his neglect or inability, to do so by its own officers, and recover the expense from the landlord.

That the local administrative body have power to appoint, subject to the approval of the Crown, a medical officer properly qualified to inspect and report periodically upon the sanitary condition of the town or district, to ascertain the true causes of disease and death, more especially of epidemics increasing the rates of mortality, and the circumstances which originate and maintain such diseases, and injuriously affect the public health of such town or populous district.

[Provisions for abating factory exhalations and nuisances; for regulating the width of new courts, the accommodation of cellar-dwellings and the sanitation of new houses; for power to buy out new water companies at the end of a term of years; for controlling lodging-houses; for providing public spaces and walks.][363]

[363] The first general Public Health Act (1848) was based on this report and that of the Select Committee on the Health of Towns, 1840 (XI)


                                                                                                                                                                                                                                                                                                           

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