THE REMOVAL OF PERSONAL DISABILITIES 757
Francis Place, a London tailor* who had been deeply impressed AD Dw
by the injustice and impolicy of the Acts? marshalled the
evidence against them, and the sturdiness with which Joseph
Hume fought for repeal. He insisted on including the
Combination Laws in the reference to the Select Committee,
he drafted the resolutions® which were based on the evidence
presented, and be succeeded in carrying the measures with a
minimum of discussion in both Houses¢,
And then the trouble began. The immediate effect of Despite an
the repeal was the outbreak of a number of strikes, which nog %?
could not now be suppressed in the old fashion; the fore-
bodings of the opponents of repeal were confirmed, and the
expectations of Place and his friends were completely falsified®.
A
Hh
t This remarkable man, with the assistance of the Gorgon, organised the
whole campaign which was eventually successful; he convinced both Hume and
McCulloch, the public champions of the cause, of the mischief wrought by the
Acts. Webb, History of Trade Unionism, 88.
2 He was specially impressed by the injustice committed in the prosecution of
the Times printers in 1810, when curiously enough this case proceeded under the
common law of conspiracy and not under the Combination Act of 1800 at all. Place
Papers, Brit. Mus. Add. MSS. 27801, p. 282. The men were imprisoned for two
years, whereas three months was the greatest penalty that could be inflicted under
the Act of 1800. The Times wrote in a leader on the subject (June 4, 1824), Place
Papers, 27801, p. 164. * The aggrieved party did not choose to prosecute upon the
Combination Laws, and for an obvious reason, because he knew that by those
laws the offenders could only be sentenced to two or three months’ imprisonment,
and that they had funds subseribed to maintain all of them in idleness for a much
tonger period. He therefore went upon the Common Law of the land for con.
spiracy, and obtaining sentences of two years’, of eighteen months’ and of nine
months’ duration (though he himself sued for a remission to the penitent as soon
as they were penitent) yet he by that method rained their funds whilst he was
anxious that their persons should suffer as little as possible,” Under these
circumstances it is very singular that Place should have taken this case as typical
of the injustice wrought by the Acts. He writes “It was this prosecution and its
fatal consequences that made me resolve to endeavour to procure the repeal of the
laws against combination of workmen.” (Place, in Brit. Mus. Additional MSS. 27,
798, p. 7 back). It is still more singular that he should have been so satisfied with
the repeal of the Acts when the Common Law remained. The statement of the
Times does not seem to have been taken into account by a recent commentator on
the law of combination. Wright (Law of Criminal Conspiracies and Agreements,
p. 56) holds that there was no rule of common law that combinations for con-
trolling masters were criminal in the 18th century, and that cases decided since
1825 afford a “modern instance of the growth of a crime at common law by
reflection from statutes and of its survival after the repeal of those statutes.”
¥ Sixth Report of Committee on Artisans and Machinery (1824), v. 589.
' Wallas, Life of Francis Place, 216. 5 Geo. IV. ce. 95, 97.
Place persisted in his opinion that the repeal of the laws would bring about
a disuse of combination eventually, though it was obvious that it had not done so
at once. “Temporary associations, or combinations. as well of masters as of men,