But, as already mentioned, Guest claims that the original machine was not the invention of Hargreaves, but the invention of Thomas Highs, and that Hargreaves’ relation to it was that he added a considerable improvement. The evidence put forward by Guest on behalf of Highs rests mainly on statements made by old men sixty years after the event, and considerable suspicion of such evidence is excusable particularly when it has been elicited by an ardent man out to establish a case.[306] Moreover, it is a remarkable fact that no one—not even Highs himself—appears openly to have put forward the claim until Guest published his first book in 1823, although the controversy over Arkwright’s patents, in which Highs figured so prominently, afforded many opportunities.

Yet, notwithstanding these difficulties, it is not easy to put aside as baseless all the evidence adduced by Guest in support of his case. That Highs was a man with an extraordinary aptitude for invention is undoubted, and it is not improbable, in the activity to discover improved methods of spinning in the sixties of the eighteenth century, that he did experiment with a machine at least similar to the jenny. At the same time, it is scarcely less probable that others did likewise.[307] As already pointed out, the jenny reproduced mechanically the hand operations necessary in spinning with the wheel, and a machine of the character of the jenny was the obvious line of advance. Although Highs was a man in whose mind the idea of the jenny was likely to originate, it is impossible, on the evidence, to say that it did so. What does seem clear is, that it was in association with Hargreaves that the jenny became a practicable machine, although when it left his hands it was not a perfect machine and quickly underwent improvements.[308] Nevertheless, it had made possible the spinning of weft with a facility before unknown, and it maintained its position in the cotton industry for a long period, when it was largely superseded by the “mule.”

Probably, as M. Mantoux suggests,[309] Hargreaves did not at first realise the importance of what had been achieved, which would explain his tardy application for a patent. Doubtless the application in 1770 was induced by the increasing use of the jenny, and by the fact that Arkwright had been sufficiently enterprising to obtain a patent for his machinery in the preceding year. That Hargreaves was unfortunate in his patent need not be questioned, but it is some satisfaction to know, on the authority of Baines and others,[310] that in his business at Nottingham, where he and his partner, Thomas James, are claimed to have established the first cotton-mill in the world,[311] he was at least moderately successful.

Whatever Hargreaves’ success may have been, there can be no question of the success attained by Richard Arkwright. That Arkwright was a great inventor may be disputed, but that he was a great man of business it is impossible to deny. It may be stated with some confidence that, had his name not been associated with the invention of machinery, he would have gained a prominent place in the early stages of modern industry. All that is known of his career supports the view. It was pre-eminently this characteristic which distinguished him from his less fortunate contemporaries. Whether the idea of spinning by rollers was his own or not, it is clear that when he left Preston for Nottingham in 1768, he realised that he had in his possession an invention which, with the aid of capital, would bring him material success, and he was able to convince others of the fact. His association with Samuel Need and Jedediah Strutt[312]—particularly with the latter—was the tactical point in his career in the cotton industry. Strutt, by previous inventions, had already shown his ability as a mechanician[313]; he was also an established business man and a capitalist, able to realise the possibilities of Arkwright’s machinery. In every respect he was an ideal partner for Arkwright, and there can be little doubt that, if all the facts were known, much of the improvement of the machinery would have to be ascribed to him: the recorded instance of his rubbing the spinning rollers with chalk to prevent the cotton sticking to them is significant.[314]

With Arkwright thus established, with his machinery with its potentialities, in the very district where silk-mills—the precursors of cotton-mills—had begun to arise more than a generation before,[315] the modern cotton industry organised on the lines of the factory system was inevitably born. It should be borne in mind that in the twelve years during which the privileges of the patents were enjoyed Arkwright and his partners did not merely hold the patents and draw premiums from them. In 1771 they erected their factory at Cromford in which, eight years later, three hundred workpeople were said to be employed. This was followed in 1773 by another at Derby, erected for the specific purpose of carrying on the new manufacture of calico. In 1776 another factory was erected at Belper; about the same time the one at Birkacre was established; and in 1780 the one at Manchester was erected, which was said to have cost £4000, and to be sufficiently large to contain six hundred workpeople.[316]

In 1782 it was estimated by Arkwright and his partners that they had £30,000 embodied in factories, while licences for the use of the patent machinery had been issued to “adventurers” in the counties of Derby, Leicester, Nottingham, Worcester, Stafford, York, Hertford and Lancaster, in connection with which these men had invested at least £60,000. Altogether, at this time, it was claimed, the cotton industry thus organised employed “upwards of five thousand persons, and a capital on the whole of not less than £200,000.”[317] According to Arkwright’s statement, “it was not till upwards of five years had elapsed after obtaining his first patent, and more than £12,000 had been expended in machinery and buildings, that any profit accrued to himself and partners.”[318] This date would roughly coincide with the Act they obtained relating to the manufacture and sale of calicoes, and with the grant of the second patent.

Witness to the progress that was being made after this date is borne by the infringements of the patents, which led to the institution of nine actions by Arkwright, only one of which came to trial in 1781. It is quite certain that privileges such as Arkwright enjoyed were not viewed with favour in Manchester. Since February, 1774, a Committee for the Protection of Trade had existed in the town, and continued to exist until July, 1781, when it was succeeded by another, representative of the Cotton and Linen, the Silk, and the Smallware Manufacturers of Manchester and District.[319]

Judging from the frequent notices published in the newspapers by the first committee, its activities seem to have largely consisted in keeping the inhabitants of the town on tenterhooks regarding the presence of foreigners, who had come for the purpose of carrying away trade secrets, and who, apparently, adopted the most dramatic methods to discover them. However, the committee was interested in other matters, among which was the question of patents. In 1776 a notice appeared warning the public against infringing a patent which had been granted to a man named Wolstenholme, for the manufacture of cotton velveteen. Before very long the committee also issued a notice expressing the opinion that the invention to which the patent referred was not new, and that any person might safely manufacture the cloth without being liable to damages.[320] There can be little doubt as to the side on which the sympathies of Manchester manufacturers lay when Arkwright instituted his actions in 1781.

In February of that year a notice appeared[321] drawing attention to the fact that Arkwright had served several persons in Manchester and neighbourhood with writs for infringing one or both of his patents, and inviting those concerned to attend a meeting. In the following month[322] another meeting was called of merchants, manufacturers, and others, interested in the cotton trade of the town and neighbourhood, to consider the most effectual means of obtaining free and general use of the engines and inventions for the manufacturing of cotton, and for opposing attempts to obtain a monopoly. The leader in this movement was Mr. Robert Peel, later Sir Robert Peel, the father of the statesman, who, at the time, was building up even a greater concern than Arkwright’s, and to whom a revocation of the patents meant much.[323] To meet the expense of the ensuing legal proceedings a subscription was raised, twenty-two firms subscribing at the rate of 1s. a spindle employed by them.[324]

The action tried in 1781, in which a Colonel Morduant was the defendant, had reference to the infringement of the 1775 patent—the carding patent. The defence put forward was that the specification relating to it was insufficient, and on this ground the verdict went against Arkwright.[325] In the following year he drew up his Case, in which he admitted the obscurity of the specification, but claimed that his object was to prevent the introduction of his machines into other countries.[326] The main point of the Case, however, was the request it contained. Arkwright’s second patent had been declared invalid, and normally the term of the first patent would expire in July, 1783. He now requested Parliament, as a reward for the services he had rendered to the country, to consolidate the two patents, and to allow them to run for the remainder of the normal term of the second patent—until the end of 1789.[327] This request, if granted, would have preserved to him the second patent for its normal term, and have extended the life of his first patent for six and a half years.