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Strikers and the Right to Poor Relief in Late Victorian Britain: The Making of the Merthyr Tydfil Judgment of 1900

Published online by Cambridge University Press:  15 February 2013

Andy Croll
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Abstract

Did late Victorian strikers have a right to poor relief? Historians have suggested they did not. Scholars point out that nineteenth-century strikers rarely turned to the Poor Law for assistance, and when they did, during a colliers' strike in South Wales in 1898, Poor Law officials were taken to court by disgruntled coal companies. In the subsequent High Court ruling known as the Merthyr Tydfil judgment of 1900, the Master of the Rolls decided that the policy of relieving the strikers had indeed been unlawful. However, it is argued in this article that the judgment has not been properly understood by historians. Contemporaries did not think it obvious that the giving of poor relief to strikers was illegal. On the contrary, in 1898, there was widespread agreement that Poor Law officials had no choice but to support destitute strikers; the Poor Law demanded they relieve the men and their families, a point confirmed in an earlier High Court ruling in 1899. Thus, Poor Law scholars should view the Merthyr judgment as a notable innovation in Poor Law policy. Labor historians should see the ruling as part of the employers' counteroffensive against the labor movement of the 1890s and 1900s. Merthyr came out of the same febrile atmosphere that produced the Taff Vale judgment. That its true significance has been forgotten can largely be explained by the labor movement's unease at having a striker's right to poor relief confirmed in 1899. Respectable workers, union leaders averred, should not be supported out of the poor rates.

Keywords

Employers' CounteroffensiveLabor MovementMerthyr Tydfil JudgmentPauper AgencyPoor LawPoor ReliefRight to ReliefWelfare BargainingStrikes
Type
Articles
Information
Journal of British Studies , Volume 52 , Issue 1 , January 2013 , pp. 128 - 152
Copyright
Copyright © The North American Conference on British Studies 2013

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References

1 King, Steve, “Poor Relief and English Economic Development Re-appraised,” Economic History Review 50, no. 2 (1997): 362–63CrossRefGoogle Scholar. Emphasis in the original. For an overview of the “right to relief” debate, see Charlesworth, Lorie, Welfare's Forgotten Past: A Socio-Legal History of the Poor Law (Abingdon, 2010), chap. 4Google Scholar.

2 Lees, Lynn Hollen, The Solidarities of Strangers: The English Poor Laws and the People, 1700–1948 (Cambridge, 1998), chap. 3Google Scholar.

3 For a survey of the Poor Laws—old and new—see Brundage, Anthony, The English Poor Laws, 1700–1930 (Basingstoke, 2002)CrossRefGoogle Scholar.

4 Lees, Solidarities of Strangers, 82.

5 Charlesworth, Welfare's Forgotten Past, 61.

6 Ibid., 21, 151.

7 See, for example, Hurren, Elizabeth T., Protesting about Pauperism: Poverty, Politics and Poor Relief in Late-Victorian England, 1870–1900 (Woodbridge, 2007)Google Scholar.

8 Lees, Solidarities of Strangers, chap. 9.

9 As Lorie Charlesworth puts it, “the fundamental legal right of the poor to be relieved continued even if now within a union workhouse” because of the “overarching legal authority of the 1601 Act,” which remained undiminished by the passing of the Poor Law Amendment Act of 1834. Welfare's Forgotten Past, 65.

10 Jennings, W. Ivor, “Poor Relief in Industrial Disputes,” Law Quarterly Review 182, no. 46 (1930): 225–34Google Scholar; Ewing, K. D., The Right to Strike (Oxford, 1991), 91–94CrossRefGoogle Scholar; Cranston, Ross, Legal Foundations of the Welfare State (London, 1985), 206–9Google Scholar. Also see Lundy, Laura, “From Welfare to Work? Social Security and Unemployment,” in Social Security Law in Context, ed. Harris, Neville (Oxford, 2000), 291–325Google Scholar.

11 Williams, Sian Rhiannon, “The Bedwellty Board of Guardians and the Default Act of 1927,” Llafur 2, no. 4 (1979): 65–77Google Scholar.

12 Saville, John, “Trade Unions and Free Labour: The Background to the Taff Vale Decision,” in Essays in Labour History, 1886–1926, ed. Briggs, Asa and Saville, John (London, 1971), 317–50Google Scholar.

13 Jones, R. Merfyn, The North Wales Quarrymen, 1874–1922 (Cardiff, 1981), 175–266, 271–73Google Scholar.

14 For more on the legal position of the unions, see Brown, Kenneth D., “Trade Unions and the Law,” in A History of British Industrial Relations, 1875–1914, ed. Wrigley, Chris (Brighton, 1982), 116–34Google Scholar; Klarman, Michael J., “The Judges Versus the Unions: The Development of British Labor Law, 1867–1913,” Virginia Law Review 75, no. 8 (1989): 1487–602CrossRefGoogle Scholar. Thompson, James, “The Genesis of the 1906 Trades Dispute Act: Liberalism, Trade Unions, and the Law,” Twentieth-Century British History 9, no. 2 (1998): 175–200CrossRefGoogle Scholar.

15 Ryan, Patricia, “The Poor Law in 1926,” in The General Strike, ed. Morris, Margaret (Harmondsworth, 1976), 358–78Google Scholar.

16 Ewing, The Right to Strike, 92.

17 Jennings, “Poor Relief,” 225.

18 Grover, Chris, The Social Fund 20 Years On: Historical and Policy Aspects of Loaning Social Security (Farnham, 2011), 59Google Scholar.

19 Letter from W. E. Knollys to C. T. Richie, 8 April 1892, the National Archives (TNA): MH 32/98, 13.

20 Inspector Dawson, Annual Report for 1892, TNA: MH 32/98.

21 Report from the Select Committee of the House of Lords on Poor Law Relief, 363 (1888), 101, 102Google Scholar.

22 Brundage, English Poor Laws, 137.

23 Driver, Felix, Power and Pauperism: The Workhouse System, 1834–1884 (Cambridge, 1993), 33Google Scholar.

24 Report from the Select Committee of the House of Lords on Poor Law Relief, 104.

25 Webb, Sidney and Webb, Beatrice, English Poor Law History: Part 2, The Last Hundred Years (London, 1929), 1:239Google Scholar. Under sect. 215, rule 6 of the Consolidated Orders of the Poor Law Commissioners relieving officers were directed “in every case of sudden or urgent necessity, to afford such relief to the destitute person as requisite,” in or outside the workhouse.

26 Report from the Select Committee of the House of Lords on Poor Law Relief, 399.

27 Economist, 22 March 1890, 359–60.

28 Merthyr Express, 29 February 1896 and 28 March 1896.

29 Charlesworth, Welfare's Forgotten Past, 1.

30 Local Government Board, Twenty-Third Annual Report, 1893–4, C. 7500 (1894), appendix B, 129.

31 Manchester Guardian, 23 February 1899.

32 Ibid.

33 Attorney General v. Guardians of the Poor of the Merthyr Tydfil Union [1900] 1, ch. 516.

34 For the phrase “state-aided strikers,” see Free Labour, 15 April 1899.

35 Western Mail, 28 March 1899.

36 The Times, 29 March 1899.

37 Free Labour, 15 April 1899 (emphasis added).

38 Clegg, H. A., Fox, Alan, and Thompson, A. F., A History of British Trade Unions since 1889 (Oxford, 1964), 124Google Scholar.

39 Webb and Webb, English Poor Law History, 1:365.

40 Glamorgan Gazette, 29 April 1898 and 1 July 1898; Glamorgan Free Press, 7 May 1898; “J.A. Shepard to Local Government Board,” 4 May 1898, TNA: MH 12/8022.

41 Financial Times, 2 November 1898.

42 Return of Statement of the Amount Expended for In-Maintenance and Out-Door Relief in … 1898, 348C, 1898, 7.

43 Twenty-Eighth Annual Report of the Local Government Board, 1898–99, [C. 9444], 1899, appendix B, 175.

44 Return of Statement of the Amount Expended for In-Maintenance and Out-Door Relief in … 1898, 348C, 1898, 7.

45 Glamorgan Gazette, 6 May 1898.

46 Merthyr Express, 30 April 1898.

47 Aberdare Times, 30 April 1898.

48 See, for example, Western Mail, 25 April 1898 and Aberdare Times, 4 June 1898.

49 Merthyr Express, 6 August 1898.

50 Webb and Webb, English Poor Law History, 2:836.

51 After Rhys' death in 1899, W. T. Lewis erected a tablet “in affectionate remembrance of his old friend and colleague” in Aberdare parish church. See Wilkins, Charles, The History of the Iron, Steel, Tinplate and Other Trades of Wales (Merthyr Tydfil, 1903), 167–70Google Scholar.

52 Aberdare Times, 25 June 1898.

53 Aberdare Times, 6 August 1898.

54 Aberdare Times, 28 May 1898.

55 Aberdare Times, 30 July 1898.

56 Merthyr Times, 29 July 1898 and 5 August 1898; Labour Leader, 6 August 1898.

57 Brundage, Anthony, “Reform of the Poor Law Electoral System, 1834–1894,” Albion 7 (1975): 210CrossRefGoogle Scholar.

58 For more on women guardians in the South Wales coalfield, see Preston, Catherine, “‘To do good and useful work’: Welsh Women Poor Law Guardians, 1894–1914,” Llafur 10, no. 3 (2010): 87–102Google Scholar.

59 Merthyr Express, 22 December 1894.

60 Merthyr Express, 19 March 1898.

61 “Lists of the names of the guardians,”, BG/B/Miscellaneous Papers 0034, item 128, Gwent Records Office (GRO).

62 “MBG minutes,” 26 April 1898, U/M 1/25, GRO.

63 Ibid.

64 Merthyr Times, 29 April 1898.

65 Western Mail, 16 May 1898. Some 6,000 miners were disenfranchised as a consequence of receiving poor relief during the strike (Manchester Guardian, 20 September 1898).

66 Merthyr Times, 3 June 1898.

67 Webb and Webb, English Poor Law History, 1:374.

68 Merthyr Times, 13 May 1898.

69 Webb and Webb, English Poor Law History, 2:836, n.1.

70 Aberdare Times, 30 April 1898.

71 Merthyr Express, 1 April 1899.

72 “Bedwellty Union Audit: Report on Representative Cases of Colliers Relieved,” BG/B/Miscellaneous Papers 0034, item 15, GRO.

73 Merthyr Times, 29 April 1898.

74 On the importance of “negotiation,” see, for example, Green, David R., Pauper Capital: London and the Poor Law, 1790–1870 (Farnham, 2010), chap. 5Google Scholar; Sokoll, Thomas, Essex Pauper Letters, 1731–1837 (Oxford, 2001)CrossRefGoogle Scholar; King, “‘Stop this overwhelming torment.’”

75 Aberdare Times, 30 April 1898.

76 “MBG minutes,” 23 April 1898, U/M 1/25, GRO.

77 Aberdare Times, 7 May 1898.

78 On the decision to apply for relief as a “choice,” see Lees, Solidarities of Strangers, 37.

79 Merthyr Times, 3 June 1898.

80 Labour Leader, 30 July 1898.

81 Poor Law (Workhouse Inspection), 35 (1867), 420Google Scholar.

82 Merthyr Express, 14 May 1898.

83 “Bircham to Shepard,” 3 June 1898, GRO, BG/B/Miscellaneous Papers 0036.

84 Merthyr Express, 23 July 1898.

85 Ibid.

86 “Bircham to Shepard,” 3 June 1898, BG/B/Miscellaneous Papers 0036, GRO. There were good reasons for taking the threat of unrest seriously. There had been antilandlord riots in Merthyr and hundreds of troops were billeted in the coalfield. One newspaper declared that “something approaching revolution” was not “very far off” (Merthyr Express, 4 June 1898; Merthyr Times, 3 June 1898).

87 Merthyr Times, 22 July 1898.

88 Merthyr Times, 8 July 1898.

89 “MBG minutes,” 16 July 1898, U/M 1/25, GRO.

90 Merthyr Times, 29 July 1898.

91 “MBG minutes,” 16 July 1898, GRO, U/M 1/25.

92 “Bircham to Knollys,” 11 August 1898, 12/8022, TNA: MH.

93 Merthyr Express, 6 August 1898.

94 The same situation obtained in the Bedwellty union.

95 Merthyr Times, 30 March 1899.

96 Economist, 1 April 1899, 459.

97 Attorney General v. Merthyr Guardians.

98 Law Times 27, 1 February 1873, 762–65.

99 Attorney General v. Merthyr Guardians.

100 Law Quarterly Review 16, no. 63 (July 1900): 214Google Scholar.

101 Free Labour Journal, 15 April 1900.

102 Pall Mall Gazette, 7 March 1900.

103 Colliery Guardian, 9 March 1900.

104 Colliery Guardian, 16 March 1900.

105 Clarion, 8 April 1899.

106 Cotton Factory Times, 31 March 1899.

107 Ironworkers' Journal, April 1900.

108 Swansea and District Workers' Journal, June 1900.

109 Lees, Solidarities of Strangers, 294–95, 298.

110 Thompson, F. M. L., The Rise of Respectable Society: A Social History of Victorian Britain (London, 1988), 353Google Scholar.

111 Croll, Andy, “Mabon's Day: The Rise and Fall of a Lib-Lab Monthly Holiday in the South Wales Coalfield, 1888–1898,” Labour History Review 72, no. 1 (2007): 51–54CrossRefGoogle Scholar.

112 Joyce, Patrick, Visions of the People: Industrial England and the Question of Class, 1848–1914 (Cambridge, 1991), esp. chap. 5CrossRefGoogle Scholar.

113 Economist, 1 April 1899, 459.

114 Ironworkers' Journal, May 1899.

115 Western Mail, 12 March 1900.

116 Free Labour, 15 April 1899.

117 Klarman, “The Judges versus the Unions,” 1585, n. 558.

118 Harrison, Frederic, “The End of Trades Unionism,” Positivist Review 105, no. 1 (September 1901): 181Google Scholar.

119 Digby, Anne, “Changing Welfare Cultures in Region and State,” Twentieth-Century British History 17, no. 3 (2006): 319CrossRefGoogle Scholar.

120 Shepherd, John, George Lansbury: At the Heart of Old Labour (Oxford, 2002), chap. 11Google Scholar.

121 Ryan, “Poor Law in 1926,” 369.

122 Grover, The Social Fund, 6–64.

123 Ibid., 65.

124 Digby, “Changing Welfare Cultures,” 303.

125 Gilbert, Bentley B., British Social Policy, 1914–1939 (Ithaca, NY, 1970), 222Google Scholar.