The early English cotton industry

by George W. Daniels

The evidence in favour of the patent machines so impressed the Committee that the gist of it was embodied in a series of resolutions, and agreed to by the House without opposition—indeed there was no other reasonable course. The evils complained of in the first petition were due to the use of the patent machines only in a small degree; they were much more the social consequence of the conflict proceeding at the time.

CHAPTER IV
THE OPPOSITION TO THE PATENTS

The episodes of 1767 and 1779 were the two most important direct attempts to obstruct the use of the new spinning machinery, and there is no reason to think that they were in any degree effective.[295] As already mentioned, more important opposition was directed against the patents granted to Hargreaves and Arkwright, and this came from those who wished to use the machinery without complying with the rights the patents conferred. Any opposition of this class to its use was secondary to their opposition to the patents, and as the patent of Hargreaves was never upheld, the machine to which it referred was always freely used.

As regards Arkwright’s machinery, the nearest approach to obstruction of its use took the form, first, of refusing to use the yarn made by it, which led Arkwright and his partners to utilise it themselves in making cotton calicoes, thus giving rise to a new branch of manufacture; and secondly, when it was found that this manufacture was hampered by the Acts passed in 1714 and 1721, by opposing their efforts in 1774 to secure modification of the Acts.[296] By the 1714 Act, calicoes had been made subject to an additional excise duty of 3d., making 6d. in all, and by the 1721 Act the wear or use of printed calicoes had been prohibited. The 1736 Act, it will be remembered, had modified the 1721 Act only in so far as goods made with a linen warp were concerned. The modifications requested by Arkwright and his partners were the removal of the additional duty, and of the prohibition, and as their efforts were successful, goods made wholly of cotton, even though printed, were henceforth on the same footing as mixed goods.[297]

The patent granted to Hargreaves was opposed immediately it was obtained. Arkwright was more fortunate in his patents, although they were certainly infringed. It was not until 1781, however—twelve years after the grant of his first patent, and six years after the grant of his second—that he began a series of actions for infringements.

Hargreaves’ patent “for the more expeditious spinning, drawing, and twisting cotton” was dated 12th July 1770.[298] On 17th July 1770, and for some weeks following, a notice appeared in The Manchester Mercury from James Hargravs (sic.) & Co., informing the public of the fact, and offering a reward of ten guineas for information as to “Persons who shall make, use, or vend, or in any ways imitate the said machines or engines.” On 25th September another notice appeared, drawing attention to the one from Hargreaves, and pointing out that “there are several and various sorts of wheel-machines or engines made and used in and about the Town of Manchester for the more expeditious spinning, drawing, and twisting of cotton” and inviting manufacturers and others concerned in these operations to a meeting at the Bull’s Head Inn, on 2nd October, “to consider of several matters relating to, and concerning the advertisement and the machines above mentioned.”

What happened at this meeting it is impossible definitely to say. Baines’ account of the matter is that Hargreaves “Finding that several of the Lancashire manufacturers were using the jenny ... gave notice of actions against them: the manufacturers met, and sent a delegate to Nottingham, who offered Hargreaves £3000 for permission to use the machine; but he at first demanded £7000, and at last stood out for £4000. The negotiations being broken off, the actions proceeded; but before they came to trial, Hargreaves’ attorney (Mr. Evans) was informed that his client, before leaving Lancashire, had sold some jennies to obtain clothing for his children (of whom he had six or seven); and in consequence of this, which was true, the attorney gave up the actions in despair of obtaining a verdict.”[299]

This account was based upon information obtained in Nottingham nearly seventy years after the event, the informant, apparently, being the son of Hargreaves’ partner, then in his eighty-third year.[300] The account may be correct, and it is impossible definitely to disprove it, but, from the tone of the notice calling the meeting in Manchester on 2nd October, it seems hardly credible that an offer of the kind mentioned would be made at that time, neither is it likely from the general attitude of the manufacturers to patentees that it would be made at any other time. Some months later, however, another notice appeared calling a meeting of manufacturers of cotton, again at the Bull’s Head Inn, to consider “special affairs” relating to their trade.[301] But, at this meeting, it is extremely probable that the “special affairs” had reference not to Hargreaves but to the famous Thomas Highs, who at this time had left Leigh for Manchester, and who, according to Guest, was the original inventor both of the spinning-jenny and of the method of spinning by rollers patented by Arkwright.[302]

In a well-known passage Guest states that in addition to his other achievements Highs “constructed what may be termed a double jenny,” which “was publicly worked in Manchester Exchange in 1772 ... and the manufacturers on that occasion subscribed 200 guineas, and presented them to Highs as a reward for his ingenuity.”[303] As a matter of fact, the exhibition took place in 1771 and was advertised in The Manchester Mercury in the following terms:—“Mr. Hayes’s new invented machine for Spinning Cotton is now fix’d up in the Exchange where all persons concerned in the Manufacturing of Cotton will have an opportunity of viewing it.”[304]

This notice appeared on 2nd July, two weeks after the notice calling the meeting just referred to, and the connection between the two notices seems fairly clear. It is a reasonable assumption that the “special affairs” discussed at the meeting were the question of purchasing the machine of Highs, which may well have been, as Guest suggests, an extension of the principle of the jenny then in use, for there can be little doubt that the jenny was widely in use at this time.[305] Evidently something was known of it before Hargreaves left Lancashire, and if it is true that he had also mounted and sold some jennies, it is probable that by 1770 it was well known, and that it was included among the “machines and engines made and used about the town of Manchester” mentioned in the notice calling the meeting shortly after he obtained his patent. If such was the case, the opposition to the patent and Hargreaves’ failure to uphold it can be easily understood.