English Economic History: Select Documents

by Unknown

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.]