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those who were to give employment to that labour. Theirs was the property which rendered that labour necessary-theirs was the machinery on which that labour was to be employed theirs was the capital by which its employment was to be paid for. Át least, therefore, they were entitled to an equal freedom of action; and that property, that machinery, and that capital ought to be as sacred and unfettered, as the labour which was the admitted property of the workman. If their right and title and freedom in all these matters could not be secured, there would not be long retained in the country the means of employing labour; and the workmen themselves would be the victims of a delusive system of attempted influence and intimidation over their employers.

Mr. Huskisson then entered into various details to show the nature of the system, which was, in several quarters, now acted upon. Meetings had been held, and associations formed, in different parts of the country, which, if persevered in and prosecuted successfully, must terminate in the destruction of the very men who were parties to them. To illustrate this, he produced two papers, which developed what were the views of the workmen, and their proposals in respect of the right which they had assumed, of interference with the property and concerns of their employers. The first was entitled, "The Articles of Regulation of the Operative Colliers of Lanark and Dumbarton:" The second was a similar production of "The Ayrshire Association;" and he could produce, he added, many other systems of rules and regulations,

each of them absolutely forming as regular a constitution as any of those which were daily arising from the new governments that were springing up in every part of the world. These Associations had their delegates, their presidents, their committees of management, and every other sort of functionary comprised in the plan of a government. By the 9th article of one of the sets of regulations, it was provided, "that the delegates from all the different works should assemble at one and the same place" on certain stated occasions: so that this provision regarded not a combination of all the workmen of one employer against him, or even of one whole trade against the masters; but something more formidable and extensive; namely, a systematic union of the workmen of many different trades, and a delegation from each of them to one central meeting. Thus there was established, as against the employers, a formal system of delegation

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a kind of federal republic, all the trades being represented by delegates, who formed a sort of congress. Another regulation was to this effect "Each delegate shall be paid out of his own work" (the earnings which he was to be mitted to make, and of which a portion was subscribed by every member having employment, for the purposes of these associations), "with these exceptions only-the president, the secretary, and the treasurer, are to be paid out of the general funds. The delegates are elected for six months, and may be re-elected." So that here was a tax levied upon each workman, for the maintenance of general funds applicable to purposes of this mischievous character. The 11th article declared, that "It is the

duty of these delegates, 1st, to point out the masters they dislike:" -a duty in itself sufficiently dangerous and illegal:"2nd, to warn such masters of the danger in which they are placed, in consequence of this combination." Here, therefore, was an acknowledgment of the danger of such associations, admitted by the parties themselves. But what followed? "And, 3rd, to try every thing which prudence might dictate to put them (the masters) out of the trade"-not, let it be observed, every thing which fairness and justice might dictate to workmen who sought really to obtain a redress of grievances; but, every thing which "prudence" might dictate. In such a position, "prudence" must be understood as implying merely that degree of precaution that might prevent the "Union" from being brought within a breach of the law-such as the crime of murder for example. Now, was it fit, or right, or reasonable, that persons engaged in commercial or other pursuits, such as mining, for example, should, by combinations thus organized, and by pretensions of this kind, be kept in constant anxiety and terror about their interests and property? The 13th article was as follows:-"These articles may be modified and altered at any meeting of the delegates; and if sanctioned at such meeting by twothirds of the delegates present, they shall be final. The power of levying money from all the members of the association must be left to the general committee." So that these were not to be voluntary, but compulsory contributions, actually "levied" upon all the parties to the union. "All laws passed at the meetings of the dele

gates will be binding on all whom those delegates represent." Now, one of these laws was, "that there should never be allowed to be any stock of coals in the hands of any of the masters;" because, if such stocks were allowed, the masters would be less dependent on the workmen, and might possess some means of rescuing themselves from the tyranny and control of this association or union.

Other associations, however, were governed by regulations, if possible, more extraordinary. One of these regulations was, that no man coming into any given district or county within the control assumed by the associating parties, should be allowed to work, without being previously amerced 5l., to be applied to the funds of the association: and another of the regulations was, that any child, being permitted to work or assist (as for instance, a man's son), should at ten years old, be reckoned a quarter of a man, and pay a proportionable amercement accordingly. In like manner, it was provided, that any man being called in by any collier to his assistance, should not be at liberty to work under him, unless previously adopted, like the collier, by the society, and unless, like him, he should previously have paid his 5l. Now, in this part of the empire there could not exist any doubt whatever, looking to the artificial situation in which this country was placed in regard to many of its institutions, and particularly with regard to the poor-laws, that parties, who were liable some day or other to become reversionaries on that immense fund, had no right to take measures that had an obvious tendency to throw them on that fund, and so increase the burthen which its

support imposed upon the country. And, without desiring to restrict the right or choice of any individuals as to the legal disposal of their means, he could not help asking, whether this amercement of 51. and this subscription of 1s. aweek to the funds of the association, which every member of it was called upon to pay and contribute, would not produce to each of the parties, if placed in a savingbank, far more beneficial and advantageous results? What could be the meaning or motive of creating all those presidents, and permanent committees of management, if there were not among these combinations many persons anxious for the enjoyment of the power and distinction which they considered the attainment of certain posts like these would confer upon them? And, was it not in human nature almost an invariable principle, that, in all contests for all kinds of power, the most artful were those who usually obtained their object and seated themselves in places of authority? This consideration rendered it still more necessary to look narrowly at the constitution of these assemblies.

Another of their rules was, that every measure to be adopted should previously undergo a full discussion, and that the majority should bind the rest-a very proper rule in Debating-societies, no doubt; and one, he believed, very generally adopted in them; but it was one, which, under these circumstances, he could not approve, for he thought it to be, in its consequences and application, inconsistent with that freedom from all external control, which the masters or employers were obviously entitled to, in the administration

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and management of their own property. The 22nd of the articles was in these terms:-" that no operative, being a member of this association, shall be at liberty to engage himself for any given time or price, without the consent of the committee of management.' Why, if a system of this kind was to extend itself through the population engaged in all the different branches of mining, manufactures, navigation, and shipping in this country, in what a painful situation would every person concerned be placed? Who would, for an instant, endure a control of this oppressive, of this destructive nature? Yet, such a control, under the prevalence of such principles, might exist: and, he was sorry to add, that it did exist. For example, it existed in that most important branch of our commercial greatness, our coasting trade. There had been a society formed, called the "Seamen's Union:" the principles and object of which had been promulgated in the form of a dialogue between Tom and Harry. In this, as in other combinations, the association had come to the determination of not submitting to the authority of any persons whom they had not among themselves appointed or approved. In the same manner they who were employed as seamen in the coasting trade would not put to sea, unless all the rest of the crew were members of their union. And another of the articles agreed upon by this union, was, that men thus employed should do nothing which they had never before been called upon to do as seamen. A case had occurred very recently, in which a vessel, coal laden, got on a sand-bank at the mouth of the river. It became

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necessary to have her ballast shifted; but it happened, that one of the regulations to be found in the dialogue between Tom and Harry purported, that it was unworthy a seaman to assist in shifting ballast. The consequence was that, on the occasion in question, all the men were in a state of insubordination and mutiny; and, if some craft had not come up to the vessel's assistance, it was impossible to say what consequences might have ensued. As soon as the ballast had been shifted by the craft's hands, the men immediately returned to their duty, and navigated the vessel as before. What was the result of their refusal to shift the ballast, however? The men in the craft, who had performed that service, claimed salvage. A sum of 2001. was awarded to them on account of salvage: which of course the owners were obliged to pay, the salvors themselves unanimous ly declaring, that the danger of the ship and cargo was occasioned solely by the adherence of the crew to one of the rules of this Seamen's Union. If any man could be found to affirm that such principles and such conduct were not matter for the interference of parliament, parliament had better resign at once every idea of affording any protection to any species of property.

Mr. Huskisson declared that, when he looked at the way in which the act of last session was worded, and the artful misconstruction that might easily be put upon it, by those who best knew how to mislead and deceive the men who had engaged in these combinations, he was not surprised, that those men should have erroneously supposed their proceedings to be warranted under that

act. The act repealed all former statutes; and then enacted, that no proceedings at common law should be had by reason of any combinations or conspiracies of workmen formerly punishable under those repealed statutes. The second section declared, "that journeymen, workmen, and other persons who shall hereafter enter into any combination to obtain higher rates of wages," &c., "or to regulate the mode of carrying on any manufacture, trade, or business, or the management thereof, shall not be subject or liable to any indictment or prosecution for a criminal conspiracy or combination, or to any other proceeding or punishment whatever, or under the common statute law." Now, would not any person on reading this sentence, suppose it was something really fit and almost commendable for workmen to combine and conspire together to regulate and control the management of any manufacture? And accordingly, without imputing to the framers of the bill the slightest idea, that such a misapprehension could ever be entertained, he did not doubt, that a great proportion of the associated and combined workmen in the country did actually believe, that, so far from violating the law, this clause proved that they were only pursuing a course that was strictly conformable with the meaning of the legislature. The fifth section of the same act provided, not that any such combination or conspiracy should be visited with any punishment, or be made matter of legal cognizance, but "that if any person shall hereafter by threats deter a man from his hiring, or engage in any combination or conspiracy to destroy any machinery, goods,

wares or merchandizes, he shall, upon being convicted of such offence before a magistrate on the evidence of any two witnesses, be punished, with two months' imprisonment." Now, it did not require any act of parliament to declare that, to deter a man by threats from his hiring, or to destroy, or combine and conspire for the destruction of goods or machinery, was an offence to be made punishable in a certain way, upon conviction. Such acts were already offences by the law of the land, independent of any thing like combination and in so far, at least, the declarations and provisions of this act were quite superflous. By the law of the land, some of these offences would be actual felonies; others, high misdemeanors. It was equally extraordinary, that the act should require the conviction to be on the oath of two witnesses two witnesses being necessary only in cases of high treason and perjury; and that the punishment should be limited to two months' imprisonment. Therefore, here was a law that contemplated certain offences which had in themselves nothing, necessarily, to do with the offence of combinations which regarded quite different questions. But, under this act "plotting together" for the destruction of machinery-threatening even, which proceeded to menace of life or property, were no longer any criminal offence whatever: and thus, by repealing the combination laws, the acts of plotting and threatening were rendered no criminal offences at all. Under these circumstances, he considered, that the existing law was not adequate to put down an evil which was increasing to so

formidable an extent; not the evil of committing the offences to which the act had so particularly adverted, but the evil of workmen being permitted to plot, and the bold open avowal of their intention to carry such permission (as they presumed it to be) into effect, in the manner which he had pointed out. He concluded by moving " for the appointment of a select committee to inquire into the effects of the act of the 5th Geo. 4th., cap. 95, in respect to the conduct of workmen and others in different parts of the United Kingdom: and to report their opinion how far it may be necessary to repeal or amend the said act."

After some observations from various members, all of whom, except Mr. Hume, admitted, that the law could not remain as it was, the motion was agreed to. A committee was appointed; and after a laborious investigation, made a report, in which, as a short remedy to the evils, they recommended the repeal of the law of last session. The effect of this repeal would be to restore the operation of the common law in those particular instances in which it was suspended by the second and third clauses of that act. But in recommending that the common law should be restored, the committee were of opinion that an exception should be made to its operation in favour of meetings and consultations amongst either masters or workmen, the object of which was peaceably to consult upon the rate of wages to be either given or received, and to agree to co-operate with each other in endeavouring to raise or lower it, or to settle the hours of labour-an exception which, while it gave to those in the different classes of masters and

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