Part 6
The regulations for the support of paupers operate beneficially on industry. Every proprietor of an estate, every community of a town or village has unquestionably the most correct knowledge of the bodily condition, of the moral conduct, of the expertness, of the capability to earn a livelihood in whole or in part, and of the pecuniary circumstances of the needy persons under their jurisdiction, whom they are bound to support, as well as of the circumstances of their relatives. The pauper knows that aid must always be given when necessary, _and he applies to the proper authority for it, when not duly afforded_; while he is, on the other hand, deterred from making exorbitant claims by his situation being so thoroughly known in every respect, and from ungrounded demands not being complied with. In general, therefore, neither the party called upon for assistance, nor that requiring it, inclines to let the authority interpose, but an amicable arrangement usually takes place between them, according to existing circumstances. The pauper must perform what service or work he can for those who assist him, or for himself, towards contributing to his own support as far as in his power; while those rendering assistance can seek only in themselves the means to do so, of course in the least expensive and most suitable manner. The paupers are employed at various kinds of work and service, accordingly as such is wanted and as they are able to perform it, and this as well for their supporters, privately, as in the public workhouses.
It is, in general, to be observed that the right of settlement of individuals is established in the following manner:--
If any person acquires the right of citizenship in a town, or a possession (house or lying-ground) in the country, or if he is permitted by the local authority to form a regular domicile by becoming a householder, he then is considered as an expressly accepted member of the community, and the obligation to support him, when reduced to want, immediately commences. So soon, therefore, as any person shows an intention to settle, or to become a householder, in a place, it is the business of the community, or of those interested, to ascertain, through the medium of the proper local authority, whether or not the emigrant possesses sufficient means to maintain himself there. Should this not be the case, and he is evidently unable to earn a livelihood, then must the support of the individual (or family) be borne by the community where he has previously dwelt, and it is not advisable to permit the change of domicile. Thence is the rule justified, that upon any person being regularly received as member of a community, with the express consent of its magistracy, that community becomes bound to render him support, when his situation requires it. Minors belong to the community in which their parents were settled, even after the death of these. With regard to other inhabitants, only that town or village community is bound to maintain a pauper where he last contributed to its public burthens.
A person who is of age, and has resided three succeeding years in a place (for instance, as servant,) acquires by that the right of settlement, but which he again loses by leaving the place for one year. Privileged corporations, that possess a particular poor-fund, or raise among themselves, pursuant to their laws, the means to provide for their needy members, are specially bound to maintain them.
In conformity with the rules before stated, must also the wives, widows, and destitute children of paupers be supported by the communities or corporations, or the owners of the estates.
Paupers for whom communities, corporations, proprietors of estates, or relatives are not bound to provide, according to the foregoing rules, or when these are unable to do so, have to be maintained in provincial poor and workhouses. These are established at the expense of government, and supported by contributions from the whole province.
We are inclined to suspect that the practice corresponds with Mr. Abercrombie’s account, and the general law with Mr. Gibsone’s, and that the pauper possesses a legal right to assistance, though that right is seldom enforced, because the impotent are voluntarily provided for, and the able-bodied would probably be sent to a penal workhouse. It is probable indeed that the law itself is vague as respects the relief of the able-bodied. The difficulty in framing a poor-law, of either expressly admitting or expressly rejecting their claim, is such that almost all who have legislated on the subject have left their legal right undecided. Mr. Gibsone’s statement, that no person able-bodied _or_ capable of earning a livelihood has a legal claim for support, is inconsistent with his general account of the law, unless we change _or_ into _and_.
SAXONY.
But little information has been received from Saxony.
Some of the modes in which relief is administered appear, as they are nakedly stated in the Report, to be liable to great abuse. We are told that persons receive from the parishes to which they belong assistance in proportion to their inability to maintain themselves; that a sum is fixed as necessary to support a man, and that if he cannot earn the whole, the difference is given to him as relief; and that with respect to lodging, the parish interferes in cases where ejectment takes place on account of non-payment of house-rent, and guarantees payment for a short time to those who agree to receive the houseless (p. 479). These customs, as they are mentioned, resemble the worst forms of English mal-administration,--allowance and payment of rent.
Mr. Forbes, however, states that more relief than is strictly necessary is never given; and that it has been the steady determination of every government to render the situation of those receiving parochial relief too irksome for it to proceed from any other than the merest necessity. It is probable, therefore, that a strict administration prevents the customs which have been mentioned from being sufficiently prevalent to produce what have been their consequences with us.
WURTEMBERG.
The information respecting Wurtemberg is remarkably full and precise, having been collected with great care by Sir Edward Disbrowe and Mr. Wellesley, assisted by the provincial authorities and the government.
The kingdom of Wurtemberg consists of about 8000 square English miles, inhabited by 1,578,000 persons, being about 200 persons to a square mile. It is divided into 64 bailiwicks, which are subdivided into civil communities or parishes, containing each not less than 500 individuals. Each parish constitutes a separate corporation, and the parishes in each bailiwick also constitute one superior corporation.
A large proportion of the parishes appears to possess a fund called _pium corpus_, arising partly from voluntary contribution and other casual receipts, but principally from funds which previously to the Reformation had been employed for the purposes of the Roman Catholic worship, and instead of being confiscated by the government, as was the case in England, were directed to be employed for charitable purposes.
Many of them also have almshouses, or, as they are called in the Reports, hospitals for the residence of the poor, and other endowments for their use; and almost all possess an estate called an allemand, which is the joint property of the persons for the time being having bürgerrecht, or the right of citizenship in the parish, and is, together with the _pium corpus_ and endowments, the primary fund for the relief of the poor. Subject to the claims of the poor, the allemand is divided among the bürghers, without reference to their wealth or their wants, but apparently in equal proportion to each head of a family, and enjoyed in severalty, but inalienably, either for life or for a shorter period.
Sir E. Disbrowe states (p. 485) that the government of the parish is vested in the mayor and a certain number of counsellors for life (who appear to be appointed by the government), and an equal number of representatives chosen by the bürghers, half of whom go out by rotation every second year.
About nine-tenths of the population appear to be bürghers; the remainder are called beisitzers or settled non-freemen, and differ from the bürghers by having no claim on the allemand, or vote in the election of the parochial authorities.
Bürgerrecht is obtained by inheritance, or by purchase at a sum regulated by law, but varying according to the allemand and the population of each parish.
It is lost by emigration or misconduct. 1st, A person who has lost his bürgerrecht is entitled to purchase that right in the parish in which he formerly possessed it: a person who never possessed that right is entitled to purchase it; 2dly, In the parish in which he spent the last five years. In default of this claim, 3dly, in the parish in which he obtained his marriage license. 4thly, If unmarried, in the parish in which he was born; or 5thly, if he have none of these claims, in the parish to which the police thinks fit to assign him. If he cannot or will not pay the requisite purchase-money, he is bound by payment of half the previous sum to constitute himself a beisitzer, and has similar claims to admission as a beisitzer. If he cannot pay this sum he is assigned by the police to a parish, as a beisitzer, without payment.
Having given this outline of the mode in which the population is distributed, we proceed to state, from the report furnished by the government, the degree and mode in which the poor are relieved. (Pages 524, 525, 537, 538, 539, 540, 541, 542, 543, 547.)
39. He who cannot derive the necessaries of life either from his property, his labour, or his trade, nor be supported by his nearest relations and other persons bound to it by private right, has a claim on the support of the (political or civil) _community_ in which he has the right of a burgher or of a beisitzer.
In times of particular distress, not only those who are absolutely poor, but those also who are indeed not without property, but, by the unfavourable circumstances of the times, are rendered incapable of providing the necessaries of life for themselves and their children, have a right to require, from the communities of which they are members, the necessary support. Thus, in the year of scarcity in 1817, the spiritual and temporal overseers of the communities were expressly made responsible by the government, that none of those who were confided to their superintendence and care should be exposed to suffer want; with the threat, that if, for want of care on the part of the overseers, any person should perish, the guilty should be prosecuted with all the rigour of the law.
If a person belonging to one or more communities has need of public support, the share to be borne by each is determined by the government authorities, having respect to the merely personal or family connexion with the several communities.
Each of the three religious persuasions prevailing in the kingdom has the full enjoyment of its poor fund. Poor members of the community, however, who belong to a religious persuasion different to that which prevails in the place, cannot be denied the necessary relief from the poor fund of the place, on account of the difference of religion.
_Of the Bailiwick Corporations._
40. If a community has so many poor, or is so limited in its resources, that it is not in a condition properly to support its poor, the _other communities of the bailiwick, particularly the towns, so far as they are better able, and have few or no poor_, are bound by the law to assist such a poor community with their alms. A general obligation of the bailiwick corporation to assist those communities of the bailiwicks which are not able to afford the necessary assistance to their poor inhabitants, is not ordained by the laws, unless such assistance is to the interest of the bailiwick corporation as such.
In the year 1817, however, the bailiwick corporations were enjoined, so long as the dearth lasted, and with reference to old laws, in case single communities should be unable sufficiently to provide for all the inhabitants, to give them credit so far as to answer either partly or entirely for the debt, but always with the reservation of repayment by the receivers of the aid. And with respect to the support of the poor, which are assigned to a community, it is expressly ordered, that if the assignment is founded on one of the titles to a right of settlement enumerated under 1, 2, and 3[6], the community against which the right is established is to bear only one-third, and the whole of the bailiwick the other two-thirds; but if the assignment is founded on one of the other titles, the whole bailiwick has to take upon itself this support. The expense which is hereby incurred by a bailiwick, constitutes an object of what is called _amtsvergleichung_, and is imposed on the whole old and now rateable _cadastre_ of the bailiwick.
_Of the Duty of the State._
41. The public Exchequer affords, partly on account of the previous sequestration of the church property, and of some other funds and revenues destined for pious and charitable purposes, and partly without any such special legal ground, contributions for the foundation and support of various public beneficent institutions, and it sometimes assists single bailiwicks, communities, and individuals in particular cases, by contributions for charitable purposes. But a general obligation of the public Exchequer to intervene, in case of the inability of the communities or bailiwicks, is no where enacted in the laws of Wurtemberg, and is also not recognised by the government, because too great liberality on its part, and the grant of a distinct head of expenditure for this purpose, as in general the transferring of local burthens to the public exchequer, might lead to very extensive consequences, and might gradually give rise to always increasing claims, which, in the impossibility of ranging single cases under general points of view, it might not be always possible successfully to meet.
_Amount of Relief to the Poor._
42. What is _necessary_ for a poor person or a poor family, and how much such a person or family may require for their _necessary support_, is not expressed in the laws of Wurtemberg; on the contrary, the answer to this question is left to the judgment of the magistrate in every particular case. In fact, it is not well susceptible of a general answer, because the wants of men are so very different, according to their constitutions and inclinations, and the means of satisfying these wants depend too much on personal, local, and temporary circumstances.
_Support and Employment of the Adult Poor._
[Sidenote: Relief of the able-bodied out-doors.]
75. With respect to the adult poor, it is enacted by our oldest laws, that such grown-up poor who would willingly work, but cannot find employment, _shall_, as far as possible, _have means found them by the magistrates_ to earn a livelihood by their labour; but that lazy idlers who are strong and healthy _shall be compelled to work_; and, according to a recent ordinance, the able-bodied who claim support from the public funds are bound to take any work for which they have adequate strength, whether it be public or private, which is assigned to them by the local overseers, receiving for it proportionate moderate wages. If they refuse to do the work assigned them, and cannot allege that they can earn something by other work, or produce some other excuse, the overseer is authorized to employ towards them means of compulsion.
According to old laws, poor persons who still have a house and lands, or at least some little portions of land, and who have suffered by failure of the crops, frost, &c., or who cannot sow their lands, or are unable to dispose of them without great loss, but are still able to work, and have hopes of retrieving their losses in the harvest and autumn, shall be assisted by the communities, which, according as the case may be, shall lend to them from the public fund a sufficient sum, to be repaid as they may be able to do it in course of time, or shall at least give security for them.
The laws also order that in public works which the communities have executed by daily labourers, able-bodied poor who have a claim to support from the public funds shall be employed in preference. In places where the hospitals have lands of their own, and farm them on their own account, poor persons are also employed in preference, at suitable wages.
Not only in the year of scarcity, 1817, and subsequently, many adult poor have been employed at suitable wages on the public account in other hard work, such as forest labours, planting trees, cultivating waste lands, turf-digging, working in the quarries, lime-pits, or excavating for antiquities, pulling down old buildings, cutting down avenues of old trees, levelling ground, laying out new public walks or churchyards, draining marshes, cleaning common sewers and streets, working at bridges, roads, and canals, &c.
79. According to the ancient laws, the communities are bound to advance money on loan according to the ability of the poor fund, and to the circumstances of the persons, to poor mechanics who cannot begin or carry on their trade, without assistance, which sum they are to repay as they may be able to do in time.
81. But the indirect support of the poor by employment and loans has, however, its limits.
The extraordinary expense incurred in 1817, for _public works_, was indeed justified at that time by the extraordinary distress; but for the constant prosecution of such works, there would be wanting, in most places, occasion and opportunity, and at all events the necessary means; nor could the communities well be expected, merely for the sake of employing the poor, to have such works done by them if they are not absolutely necessary, or at least urgently required at the moment, or if they could be performed at a cheaper rate by contract or by statute labour.
In many places there is not always an opportunity to obtain work for daily wages, with private persons, especially in winter, and for women and children; or at least the wages at different times of the year, and for many kinds of work, are too small to support a family, and when public institutions for giving employment are in question, great prudence is necessary, that while one person is provided with work and wages, another may not find the source of gain interrupted or cut off by which he has hitherto obtained a livelihood without the assistance of the magistrates.
But when due attention is paid to these very important considerations, it is extremely difficult, in Wurtemberg at least, to find means of employing the poor capable of work, by the intervention of the magistrates, when they are themselves not able to obtain suitable employment, and this difficulty must increase from year to year, in which the number and extent of the public institutions for employing children increase, and as the employment of the prisoners in the penal establishments (police and workhouses, and houses of correction) is extended.
On this account, there are indeed in the capital, and in some other places, where for the sake of the moral gain a small pecuniary sacrifice is not regarded, particular public establishments for employing the adult poor in spinning, and other such work; but they nowhere extend to a whole bailiwick. Wherever they still exist, though the poor in them are not fed and clothed, but only employed, their support requires considerable annual aid from public funds; and in most places the establishments formerly opened for the employment of the adult poor have been entirely broken up, with the exception of a part of the inhabitants of the poor-houses (s. 91).
Consequently, and especially till the new institutions for the better education of the youthful poor shall have been able to produce their entire effect, there will still remain in Wurtemberg a very considerable number, not only of poor unable or unwilling to work, but also of such as are both able and willing, who cannot be supported otherwise than directly.
82. In many places the local poor are, with this view, allowed _themselves to collect_ gifts in money, food, &c. from the wealthier inhabitants of the place; but in most of these places this kind of collecting of such gifts is limited to the houses of certain of the richer inhabitants, who have given them express permission to do so, and to fixed days and hours, and it is likewise subject to the superintendence of the police: but as a general rule, the poor are prohibited from personal collecting of gifts, even in their own place of residence. On the other hand, those poor persons in whose cases the above-described indirect means of relief are not applicable, or not sufficient for their necessary support, regularly receive everywhere out of the _public funds of the community to which they belong_, and under different names, such as alms, gratuity, pension, board, &c., partly weekly, monthly, quarterly, or annually, partly without any fixed time, as need may be, gifts according to the wants of the individuals relieved, and the ability of the community, sometimes amounting to only one or a few florins, sometimes to 20, 50, 70, and even 100 and more florins, for each person or family in a year. With respect to the extent of these gifts, there is nowhere any general, legal ordinance; but the question, how much is requisite for the necessary support of each individual or of each family, remains entirely for the consideration of the authorities which have to give the relief.
[Sidenote: In-door relief.]
67. Adult poor who, on account of their great age, or of weakness, infirmity, and sickness of body or mind, or on account of immoral conduct, cannot be left to themselves, and who have no relations legally bound and able to superintend and take care of them, and who consequently would not be sufficiently relieved merely by a present in money or in kind, are even now, especially in small towns, taken in by all the members of the community in their turn, from house to house, by the day or by the week, or else put out to board in a fixed private house at the expense of the local funds.