Book contents
- Frontmatter
- Contents
- Preface and acknowledgments
- Prologue: two moments of the republic
- PART 1 LAW AND THE FACTS OF AMERICAN LIFE
- PART 2 LAW, LABOR, AND STATE
- Introduction: dictates of wise policy
- 4 Combination and conspiracy
- 5 The American conspiracy cases
- 6 Commonwealth against Hunt
- PART 3 LAW, AUTHORITY, AND THE EMPLOYMENT RELATIONSHIP
- An interlude: on law and economy
- PART 4 THE NEW INDUSTRIAL ORDER
- Epilogue: “free Ameriky”
- Index
6 - Commonwealth against Hunt
Published online by Cambridge University Press: 05 August 2012
- Frontmatter
- Contents
- Preface and acknowledgments
- Prologue: two moments of the republic
- PART 1 LAW AND THE FACTS OF AMERICAN LIFE
- PART 2 LAW, LABOR, AND STATE
- Introduction: dictates of wise policy
- 4 Combination and conspiracy
- 5 The American conspiracy cases
- 6 Commonwealth against Hunt
- PART 3 LAW, AUTHORITY, AND THE EMPLOYMENT RELATIONSHIP
- An interlude: on law and economy
- PART 4 THE NEW INDUSTRIAL ORDER
- Epilogue: “free Ameriky”
- Index
Summary
Our right then to wages steady and permanent is … a right to be prized, defended, and improved; and all laws intended to force capital, or talent, or labor, out of one pursuit into another, thereby producing ruinous fluctuations; and all combinations to raise violently one kind of wages, thereby producing a corresponding diminution in other kinds, are highhanded violations of this our undeniable right.
Robert Rantoul, Jr., “An Address to the Workingmen of the United States of America” (1833)The trend in labor conspiracy doctrine after the mid-1830s, we have seen, was away from singling out journeymen's combinations as in the tmselves exceptional threats to the public interest, and very much toward homogenizing them with other sorts of concerted activity whose alleged deleterious impact was to be tested through an inspection of the means employed in furtherance of the desired goal for evidence of injury or prejudice to the self-interest of others. The most extensive restatement of conspiracy doctrine to this effect came from the pen of Chief Justice Lemuel Shaw in the Massachusetts case of Commonwealth v. Hunt, argued before the Supreme Judicial Court of that state in 1841 and decided the following year.
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- Chapter
- Information
- Law, Labor, and Ideology in the Early American Republic , pp. 180 - 220Publisher: Cambridge University PressPrint publication year: 1993