Chapter II: Section 26: The main principle to be observed everywhere in (1)
affording relief is to maintain “lœgd,” or the outquartering
of the paupers, wherever it has existed or can be introduced,
taking care to avoid the separation of families. The regulation
of “lœgd,” where it has been once established among the farms,
should be as durable and as little liable to alteration as
possible; so that a fresh arrangement should be made only
in instances where there exists a considerable decrease or
increase in the number of the paupers quartered out, or a
marked alteration in the condition of the occupiers upon whom
they are so quartered. In the event of a fresh arrangement, it
is desirable that the existing paupers hitherto provided for
should, in as far as may be consistent with justice towards the
parties to whom they are quartered, continue to have “lœgd”
upon the same farm or farms where they have hitherto been
relieved. Families not belonging to the class of peasants are
bound to have paupers quartered upon them in “lœgd” in case
they cultivate land; however, the overseer of the district
is competent to grant permission to them as well as to other
“lœgds-ydere,” to let out the “lœgd” when he finds that they
individually are unable to provide for the pauper on their
own lands, and the letting out can be effected without any
considerable inconvenience to the latter. (p. 704.)
27. When a new regulation of “lœgd” takes place, or new “lœgd”
is established, a statement in writing of the “lœgd,” or
outquartering intended, is to be issued by the commission,
or by the overseer on its behalf, containing the name of the
pauper to be outquartered, and the farm or farms on which
he shall receive “lœgd,” and in case it is on several, the
rotation, and for what period, on each. In case the “lœgd”
is only to be during the winter, or during a certain part
of the year, this likewise is to be stated. In like manner
the houseless and others, who are provided with relief in
kind from particular farms, are to be furnished with a note
setting forth the quantity the individual has to demand of
each farm, and the time at which he is entitled to demand the
same. In default of the furnishing of these contributions in
proper time, they are to be enforced by execution, through the
lensmand. (p. 705.)
5. In case the house poor, and other poor who are not quartered
out, conduct themselves improperly, are guilty of idleness,
drunkenness, incivility, obstinacy or quarrelsomeness, the
overseer is entitled to give them a serious reprimand; and
in case this is unattended with any effect, to propose in
the poor commission the reduction of the allowance granted
to the offender, to the lowest scale possible. Should this
prove equally devoid of effect, or the allowance not bear any
reduction, he may, in conjunction with the president of the
commission, report the case, at the same time stating the names
of the witnesses, to the sorenskriver[5], who on the next
general or monthly sitting of the court, after a brief inquiry,
by an unappealable sentence shall punish the guilty with
imprisonment not exceeding 20 days, upon bread and water.
In case of a like report from the superintendent of the “lœgd,”
of improper conduct on the part of the pauper quartered out,
the overseer shall give the said offending pauper a severe
reprimand; and in case this likewise proves devoid of effect,
the mode of proceeding to be the same as has been stated
already in reference to the house poor.
36. In case the person with whom a pauper has been quartered
out do not supply adequate relief, or ill use the pauper so
quartered upon him, and is regardless of the admonitions of
the overseer, an appeal to the sorenskriver is to take place,
and in other respects the mode of proceeding is to be the same
as is enacted in s. 35: when all the conduct complained of can
be proved, for which purpose, in default of other witnesses,
the combined evidence of the superintendent of the “lœgd,” and
of the overseer, is to be deemed sufficient, the offending
party to be fined, according to his circumstances and the
nature of the case, from 2 to 20 specie dollars, and in case of
ill-usage, to be imprisoned on bread and water for from 5 to 10
days; and in the event of a repetition of the offence, for from
10 to 20 days.
39. None may beg, but every person who is in such want that he
cannot provide for himself and those belonging to him, shall
apply for aid to the competent poor commission, or to the
overseer. In case any one is guilty of begging, for the first
offence he is to be seriously admonished by the overseer of
the district in which he has begged, who is likewise to point
out to him what consequences will follow a repetition of the
offence. In case he offends afterwards, he is to be punished
according to the enactments set forth in s. 35; and afterwards,
in case of a repetition of the offence, with from two months’
to a year’s confinement in the house of correction.
A person is not to be accounted a beggar who asks only for
food, when it appears that his want of sustenance is so great
that unless he tried to procure immediate relief he would be
exposed to perish of hunger, provided he immediately afterwards
applies to the overseer of the district for relief; or in case
the poor administration is unable to relieve all the poor in
years of scarcity, save in a very scanty manner, and the hungry
mendicant then confines himself to the soliciting of food. (p.
706.)
The bill directs that the poor-fund shall consist, in the country,
1. Of the interest of legacies, and other property belonging to it.
2. An annual tax of 12 skillings (equal according to Dr. Kelly, Univ. Cambist, vol. 1, p. 32, to 2_s._ 6_d._ sterling,) on each hunsmand or cottager, and on each man servant, and six skillings on each woman servant.
3. A duty on stills equal to half the duty paid to the State.
4. Penalties directed by the existing laws to be paid over to that fund.
5. The property left by paupers, if they leave no wife or children unprovided for.
6. An annual assessment on the occupiers of land, and on all others capable of contributing, such as men servants, clerks, tutors, and pilots.
In towns,
Of all the above-mentioned funds, except No. 2, and of a tax of one skilling (2½_d._ sterling) per pot on all imported fermented liquors.
We have already remarked that the report does not state how far this bill has passed into a law, or how its enactments differ from the existing law: they appear likely, unless counteracted by opposing causes, to lead to considerable evils. The relief by way of lœgd resembles in some respects our roundsman system. It is, however, less liable to abuse in one respect, because the lœgd, being wholly supported by the lœgd-yder, must be felt as an incumbrance by the farmer, instead of a source of profit. On the other hand, the situation of the country pauper cannot be much worse than that of the independent labourer; and in towns, though this temptation to idleness and improvidence may be avoided by giving relief in the workhouse, the temptation to give out-door and profuse relief must be considerable, since a large portion of the poor-fund is derived from general sources, and only a small part from assessment to which the distributors of relief are themselves exposed. It is probable that the excellent habits of the population, and the great proportion of landowners, may enable the Norwegians to support a system of relief which in this country would soon become intolerable.
[5] Sorenskriver, an officer in the country, whose duties are chiefly those of a registrar and judge in the lowest court.
SWEDEN.
The fullest statement of the pauperism of Sweden is to be found in a paper by M. de Hartsmansdorff, the Secretary of State for Ecclesiastical Affairs, (p. 368); an extract from Colonel Forsell’s Swedish Statistics, published in 1833, (p. 375); and Replies to the Commissioners’ Queries from Stockholm, (p. 372), and from Gottenburgh, (p. 384.)
M. de Hartsmansdorff states that every parish is bound to support its own poor, and that the fund for that purpose arises from voluntary contribution, (of which legacies and endowments appear to form a large portion,) the produce of certain fines and penalties, and rates levied in the country in proportion to the value of estates, and in towns on the property or income of the inhabitants. Settlement depends on residence, and on that ground the inhabitants of a parish may prevent a stranger from residing among them. A similar provision is considered in the Norwegian report, and rejected, (p. 718,) but exists in almost every country adopting the principle of parochial relief, and allowing a settlement by residence. An appeal is given, both to the pauper and to the parishioners, to the governor of the province, and ultimately to the King.
M. de Hartsmansdorff’s paper is accompanied by a table, containing the statement of the persons relieved in 1829, which states them to have amounted to 63,348 out of a population of 2,780,132, or about one in forty-two. This differs from Colonel Forsell’s statement, (p. 376,) that in 1825 they amounted to 544,064, or about one in five. It is probable that Colonel Forsell includes all those who received assistance from voluntary contributions. “In Stockholm,” he adds, “there are 83 different boards for affording relief to the poor, independent one of the other, so that it happens often that a beggar receives alms at three, four, or five different places.” There is also much discrepancy as to the nature and extent of the relief afforded to the destitute able-bodied. We are told in the Stockholm return, (p. 372,) that no legal provision is made for them; but by the Gottenburgh return, (pp. 384 and 386,) it appears that they are relieved by being billeted on householders, or by money.
The following severe provisions of the law of the 19th June, 1833, seem directed against them. By that law any person who is without property and cannot obtain employment, or neglects to provide himself with any, and cannot obtain sureties for the payment of his taxes, rates, and penalties, is denominated unprotected (förswarlös). An unprotected person is placed almost at the disposal of the police, who are to allow him a fixed period to obtain employment, and to require him to proceed in search of it to such places as they think fit.
Should any person, (the law goes on to say,) who has led an
irreproachable life, and has become unprotected, not through
an unsteady or reprehensible conduct, but from causes which
cannot be reasonably laid to his charge, and who has obtained
an extension of time for procuring protection, still remains
without yearly employment or other lawful means of support,
and not be willing to try in other places to gain the means of
support, or shall have transgressed the orders that may have
been given him, and (being a male person) should not prefer to
enlist in any regiment, or in the royal navy, or should not
possess the requisite qualifications for that purpose, the
person shall be sent to be employed on such public works as
may be going on in the neighbourhood, or to a work institution
within the county, until such time as another opportunity may
offer for his maintenance; he shall however be at liberty,
when the usual notice-day arrives, and until next moving-time,
to try to obtain legal protection with any person within the
county who may require his services, under the obligation to
return to the public work institution in the event of his not
succeeding. Should there be no public work to be had in the
neighbourhood, or the person cannot, for want of necessary
room, be admitted, he shall be sent to a public house of
correction, and remain there, without however being mixed with
evil-disposed persons or such as may have been punished for
crimes, until some means may be found for him or her to obtain
a lawful maintenance.--(p. 362.)
Servants or other unprotected persons who have of their own
accord relinquished their service or constant employ, and by
means of such or other reprehensible conduct have been legally
turned out of their employ, or who do not perform service
with the master or mistress who has allowed such person to
be rated and registered with them, or who, in consequence of
circumstances which ought to be ascribed to the unprotected
person himself, shall become deprived of their lawful means
of support, but who may not be considered as evil-disposed
persons, shall be bound to provide themselves with lawful
occupations within 14 days, if it be in a town, and within
double that number of days if it be in the country. Should the
unprotected person not be able to accomplish this, it shall
depend on Our lord-lieutenant how far he may deem it expedient
to grant a further extended time, for a limited period, to a
person thus circumstanced, in order to procure himself means
for his subsistence.--(p. 363).
Such persons as may either not have been considered to
be entitled to an extension of time for procuring lawful
maintenance, or who, notwithstanding such permission, have not
been able to provide themselves with the same, shall be liable
to do work, if a man, at any of the corps of pioneers in the
kingdom, and if a woman, at a public house of correction. If
the man is unfit for a pioneer, he shall in lieu thereof be
sent to a public house of correction.--(p. 363.)
It appears that pauperism has increased under the existing system. Mr. Bloomfield states that since its institution the number of poor has increased in proportion to the population (p. 368). The Stockholm return states that--
The main defect of the charitable institutions consists in a
very imperfect control over the application of their funds,
the parish not being accountable for their distribution to any
superior authority. This is so much felt, that new regulations
are contemplated for bringing parish affairs more under the
inspection of a central board. Another great evil is, that each
parish manages its affairs quite independently of any other,
and frequently in a totally different manner; and there is no
mutual inspection among the parishes, which, it is supposed,
would check abuses. Again, parishes are not consistent in
affording relief; they often receive and treat an able-bodied
impostor (who legally has no claim on the parish) as an
impotent or sick person, whilst many of the latter description
remain unaided.
The Swedish artizan is neither so industrious nor so frugal as
formerly; he has heard that the destitute able-bodied are in
England supported by the parish; he claims similar relief, and
alleges his expectation of it as an excuse for prodigality or
indifference to saving.--(p. 375.)
That the number of poor (says Colonel Forsell) has lately
increased in a far greater progression than before, is indeed
a deplorable truth. At Stockholm, in the year 1737, the number
of poor was 930; in 1825 there were reckoned 15,000 indigent
persons. Their support, in 1731, cost 9000 dollars (dallar). In
1825, nearly 500,000 rix dollars banco were employed in alms,
donations, and pensions. Perhaps these facts explain why, in
Stockholm, every year about 1500 individuals more die than are
born, although the climate and situation of this capital is by
no means insalubrious; for the same may be said of almshouses
as is said of foundling hospitals and similar charitable
establishments, that the more their number is increased, the
more they are applied to.
In the little and carefully governed town of Orebro, the
number of poor during the year 1780 was no more than 70 or 80
individuals, and in the year 1832 it was 400! In the parish of
Nora, in the province of Nerike, the alms given in the year
1814 were 170 rix-dollars 4 sk.; and in 1832, 2138 rix-dollars
27 sk.; and so on at many other places in the kingdom. That the
case was otherwise in Sweden formerly, is proved by history.
Botin says that a laborious life, abhorrence of idleness and
fear of poverty, was the cause why indigent and destitute
persons could be found, but no beggars. Each family sustained
its destitute and impotent, and would have deemed it a shame to
receive support from others.
[Sidenote: The price of 8 kappar = 1½ doll., or 2_s._ 5_d._]
When the accounts required from the secretary of state
for ecclesiastical affairs, regarding the number of and
institutions for the poor, shall be reduced to order, and issue
from the press, they must impart most important information.
By the interesting report on this subject by the Bishop of
Wexio, we learn, that the proportion of the poor to the
population is as 1 to 73 in the government of Wexio, and as
1 to 54 in that of Jönköping. The assessed poor-taxes are,
on an average, for every farm (hemman,) eight kappar corn in
the former government, and 12½ in the latter. With regard to
the institutions for the poor, it is said, the more we give
the more is demanded, and instead of the poor-rates being
regulated by the want, the want is regulated by the profusion
of charities and poor-taxes.
In the bishopric of Wisby (Island of Gottland), the proportion
between the poor and those who can maintain themselves, is far
more favourable than in that of Wexio; for in the former only 1
in 104 inhabitants is indigent, and in 22 parishes there is no
common almshouse at all. Among 40,000 individuals, no more than
17 were unable to read.--(p. 377.)
RUSSIA.
A general outline of the provision for the poor in Russia, is contained in the following extracts from Mr. Bligh’s report, (pp. 328, 329, 330).
As far as regards those parts of the empire which may most
properly be called Russia, it will not be necessary for me to
detain your Lordship long, since in them (where in fact by far
the greatest portion of the population is to be found), the
peasantry, being in a state of slavery, the lords of the soil
are induced more by their own interest, than compelled by law,
to take care that its cultivators, upon whom their means of
deriving advantage from their estates depend, are not entirely
without the means of subsistence.
Consequently, in cases of scarcity, the landed proprietors
frequently feel themselves under the necessity (in order to
prevent their estates from being depopulated) of expending
large sums, for the purpose of supplying their serfs with
provisions from more favoured districts. There is no doubt,
however, (of which they must be well aware) that in case
of their forgetting so far the dictates of humanity and of
self-interest, as to refuse this assistance to the suffering
peasantry, the strong hand of a despotic government would
compel them to afford it.
The only cases, therefore, of real misery, which are likely to
arise, are, when soldiers, who having outlived their 25 years’
service, and all the hardships of a Russian military life,
fail in getting employment from the government as watchmen in
the towns, or in other subordinate situations, and returning
to their villages, find themselves unsuited by long disuse to
agricultural pursuits, disowned by the landed proprietors, from
whom their military service has emancipated them, and by their
relations and former acquaintances, who have forgotten them.
I am led to understand, that in all well-regulated properties,
in order to provide for the contingencies of bad seasons, the
peasants are obliged to bring, to a magazine established by the
proprietor, a certain portion of their crops, to which they may
have recourse in case of need.
In the estates belonging to the government, which are already
enormous, and which are every day increasing, in consequence of
the constant foreclosing of the mortgages by which so many of
the nobility held their estates under the crown, more special
enactments are in vigour; inasmuch as in them, all serfs
incapable of work are supported by their relations, and those
whose relations are too poor to afford them assistance, are
taken into what may be termed poor-houses, which are huts, one
for males, the other for females, built in the neighbourhood of
the church, at the expense of the section or parish, which is
also bound to furnish the inmates with fuel, food, and clothing.
The parish must, moreover, establish hospitals for the sick,
for the support of which, besides boxes for receiving alms, at
the church and in the hospitals themselves, all fines levied in
the parish are to be applied.
The clergy are compelled to provide for the poor of their
class, according to an ordonnance, regulating the revenues set
apart for this object, and enacting rules for the distribution
of private bequests and charities.
In _Courland_, _Esthonia_, and _Livonia_, the parish (or
community) are bound to provide for the destitute to the utmost
of their means, which means are to be derived from the common
funds; from bequests, or from any charitable or poor fund which
may exist; and in Esthonia, from the reserve magazines of
corn, which, more regularly than in Russia, are kept full by
contributions from every peasant.
When those are inadequate, a levy is made on the community,
which is fixed by the elders and confirmed by the district
authorities; and when this rate is levied, the landowners or
farmers contribute in proportion to the cultivation and works
they carry on, or to the amount of rent they pay; and the
labourers according to the wages they receive.
The overseers consist of the elder of the village, (who is
annually elected by the peasantry) and two assistants, one of
whom is chosen from the class of landholders or farmers, and
the other from the labourers, and who are confirmed by the
district police. One of these assistants has to give quarterly
detailed accounts to the district authorities, and the elder,
on quitting office, renders a full account to the community.
Those who will not work voluntarily may be delivered over to
any individual, and compelled to work for their own support, at
the discretion of the elder and his assistants.
Those poor who are found absent from home, are placed in the
hands of the police, and transferred to their own parishes.
All public begging is forbid by very strict regulations.
In the external districts of the _Siberian Kirghese_, which
are for the most part peopled by wandering tribes, the
authorities are bound to prevent, by every means in their
power, any individual of the people committed to their charge
from suffering want, or remaining without superintendence or
assistance, in case of their being in distress.
All the charitable offerings of the Kirghese are received by
the district authorities, and as they consist for the most
part of cattle, they are employed, as far as necessary, for
the service of the charitable institutions; the surplus is
sold, and the proceeds, together with any donations in money,
go towards the support of those establishments; when voluntary
contributions are not sufficient for that purpose, the district
authorities give in an estimate of the quantity of cattle of
all sorts required to make up the deficiency, and according
to their estimate, when confirmed by the general government,
the number of cattle required in each place is sent from the
general annual levy made for the service of the government.
In the _Polish Provinces_ incorporated with the empire, as the
state of the population is similar to that of Russia Proper,
the proprietors in like manner, in cases of need, supply
their peasantry with the means of existence; under ordinary
circumstances, however, the portions of land allotted to them
for cultivation, which afford them not only subsistence, but
the means of paying a fixed annual sum to their lords, and the
permission which is granted to them of cutting wood in the
forests for building and fuel, obviate the necessity of their
receiving this aid.
The same system existed in the _Duchy of Warsaw_ prior to 1806,
and every beggar and vagabond was then sent to the place of his
birth, where, as there was not a sufficiency of hands for the
cultivation of the soil, he was sure to find employment, or to
be taken care of by his master, whilst there were enough public
establishments for charity to support the poor in the towns
belonging to the government, and those, who by age, sickness,
or natural deformities, were unable to work.
But when the establishment of a regular code proclaimed all
the inhabitants of that part of _Poland_ equal in the eye of
the law, the relations of the proprietor and the peasant were
entirely changed; and the former having no power of detaining
the latter upon his lands, except for debt legally recognised,
was no longer obliged to support them.
So great and sudden a change in the social state of the country
soon caused great embarrassment to the government, who being
apprehensive of again altering a system which involved the
interests of the landed proprietors, the only influential class
in the country, for a long time eluded the consideration of
the question, by augmenting the charitable institutions; but
at length the progressive expense of this system compelled the
Minister of Finance to refuse all further aid to uphold it,
and by an arbitrary enactment, recourse was had to the former
plan of passing the poor to the places of their birth. As this
arrangement is only considered as provisional, and as the
population has not hitherto more than sufficed for the purpose
of agriculture, and the manufactories which were established
prior to the late insurrection, it has not been much complained
of, though the necessity for some more precise and positive
regulations respecting the poor is generally acknowledged.
In _Finland_, there are no laws in force for the support of the
indigent, nor any charitable establishments, except in some of
the towns. In the country districts it is expected that reserve
magazines of corn should be kept in every parish, but I cannot
ascertain that the adoption of this precautionary measure is
imperative upon the landed proprietors and peasantry.
On comparing, however, Mr. Bligh’s statement as to the law in Courland with that made by M. Kienitz His Majesty’s Consul, it does not seem that the provision afforded by law is often enforced, excepting as to the support of infirmaries. It appears from his report that the government provides expeditiously for vagrants by enrolling them as soldiers or setting them on the public works; and that the proportion of the population to the means of subsistence is so small, and the demand for labour so great, that scarcely any other able-bodied paupers are to be found.
DENMARK.
The information respecting Denmark is more complete and derived from more sources than any other return contained in this volume.
The Danish poor law is recent. It appears (p. 278) to have originated in 1798, and to have assumed its present form in 1803. The following statement of its principal provisions is principally extracted from Mr. Macgregor’s report (pp. 280, 283, 284-7, 288, 273-285, 289, 290).
[Sidenote: Poor districts.]
Each _market town_, or kiöbstœd, (of which there are 65 in
Denmark,) constitutes a separate poor district, in which are
also included those inhabitants of the adjacent country who
belong to the parish of that town. In the _country_, each
parish forms a poor district.
The poor laws are administered in the _market towns_ by a board
of commissioners, consisting of the curate, of one of the
magistrates (if any), of the provost (byefoged) in his quality
of policemaster, and of two or more of the most respectable
inhabitants of the place.
In the _country_ this is done in each district by a similar
board, of which the curate, the policemaster, besides one
of the principal landholders, and three to four respectable
inhabitants, are members, which latter are nominated for a term
of three years.
All persons are to be considered as destitute and entitled to
relief, who are unable, with their own labour, to earn the
means of subsistence, and thus, without the help of others,
would be deprived of the absolute necessaries of life.
[Sidenote: Classification of paupers.]
The poor to whom parochial relief may be awarded, are
divided into three classes. To the _first class_ belong the
aged and the sick, and all those who from bodily or mental
infirmity are wholly or partially debarred from earning the
means of subsistence. In the _second class_ are included
orphans, foundlings, and deserted children, as well as
those, the health, resources, or morals of whose parents are
of a description which would render it improper to confide
the education of children to their care. The _third class_
comprises families or single persons, who from constitutional
weakness, a numerous offspring, the approach of old age or
similar causes, are unable to earn a sufficiency for the
support of themselves or children.
[Sidenote: Relief to first class.]
Paupers of the first class who are destitute of other support,
are to be supplied by the proper parish officers:
(_a_) With food (or in market towns where the necessary
establishments for that purpose are wanting, with money in
lieu thereof); to which, in the agricultural districts, the
inhabitants have to contribute, according to the orders issued
by the commissioners, either in bread, flour, pease, groats,
malt, bacon, butter or cheese, or in corn, or in money,
or by rations, or in any other manner, which, from local
circumstances, may be deemed most expedient:
(_b_) With the necessary articles of clothing:
(_c_) With lodging and fuel, either by placing them in
establishments belonging to the parish, or in private dwellings:
(_d_) With medical attendance, either at their own dwellings,
or in places owned or rented by the parish.
[Sidenote: To second.]
The children belonging to the second class are to be placed
with a private family, to be there brought up and educated at
the expense of the parish, until they can be apprenticed or
provided for in any other manner.
The commissioners are carefully to watch over the treatment
and education of the children by their foster-parents, and
that such of them as have been put out to service are properly
brought up and instructed until they are confirmed.
[Sidenote: To third.]
The paupers of the third class are to be so relieved that
they may not want the absolute necessaries of life; but
avoiding mendicity on the one hand, they must at the same
time be compelled to work to the best of their abilities
for their maintenance. To render the relief of paupers of
this description more effectual, care must be taken that,
if possible, work be procured for them at the usual rate of
wages; and where the amount does not prove sufficient for their
support they may be otherwise assisted, but in general not with
money, but with articles of food and clothing, to be supplied
them at the expense of the parish.
In cases where families are left houseless, the commissioners
are authorized to procure them a habitation, by becoming
security for the rent; and where such habitation is not to be
obtained for them, they may be quartered upon the householders
in rotation, until a dwelling can be found in some other place.
Should the rent not be paid by the parties when due, such
persons must be considered as paupers, and be removed to that
district where they may be found to have a settlement. The
house-rent thus disbursed must in this case be looked upon as
temporary relief, and be borne by the parish that advanced
it. Where parish-officers refuse to obey these injunctions,
they may be compelled by a fine, to be levied daily until they
comply.
[Sidenote: Liabilities of pauper.]
The Danish law has established the principle, that every
individual receiving relief of any kind under the poor-laws, is
bound, either with his property or his labour, to refund the
amount so disbursed for him, or any part thereof; and authority
has therefore been given to the poor-law commissioners, “to
require all those whom it may concern, to work to the best of
their ability, until all they owe has been paid off.”
On relief being awarded to a pauper, the commissioners of
the district have forthwith to take an inventory of, and to
appraise, his effects, which are only to be delivered over to
him for his use, after having been marked with the stamp of the
board.
Any person receiving goods or effects so marked, either by way
of purchase or in pledge, shall be liable to the restitution
of the property, to the payment of its value, and besides to a
fine.
The same right is retained by the parish upon the pauper, if he
should happen to acquire property at a later period, as well as
it extends to his effects at his demise, though he should not
have received relief at the time of his death.
An ordinance of the 13th of August, 1814, expressly enacts,
that wherever a person absolutely refuses either to refund or
to pay by instalments the debt he has so contracted with the
parish, he shall be forced to pay it off by working for the
benefit of the same, and not be allowed to leave the parish;
but that if he do so notwithstanding, he is to be punished by
imprisonment in the house of correction. The commissioners are
further authorized to stipulate the amount such individual is
to pay off per week, in proportion to his capability to work,
to the actual rate of wages and other concurring circumstances,
and that where such person either refuses to work, or is idle
or negligent during the working hours, he is to be imprisoned
on bread and water until he reform his conduct.
[Sidenote: Begging.]
The poor having thus been provided for, begging is prohibited,
and declared to be liable to punishment.
In adjudging punishment for begging, it is to be taken into
consideration whether the mendicant was in need of support or
not. In the first case he shall, the first time, be imprisoned
fourteen days; the second time, four weeks; and the third time,
work for a year in the house of correction. For every time the
offence is committed, the punishment to be doubled. But if the
mendicant is able to work, and thus not entitled to support
from the parish, he shall, the first time, be imprisoned four
weeks; the second time, eight weeks; and the third time, work
for two years in the house of correction, which last punishment
is to be doubled for every time the offence is committed. When
the term of punishment is expired, the beggar is to be sent
to his home under inspection, and his travelling expenses by
land in every parish through which he passes to be paid by the
poor-chest of the bailiwick in which the parish lies; but his
conveyance by water to be paid by the parish bound to receive
him.
[Sidenote: Duty of the poor to seek service.]
In the market-towns, all persons belonging to the working
classes are obliged to enter into fixed service, unless they
have some ostensible means of subsistence, which must be proved
to the satisfaction of the magistrates, if required.
In the agricultural districts, every person belonging to the
class of peasants, who is not a proprietor or occupier of land,
a tacksman (_boelsmand_), or cottager (_huusmand_), or subsists
upon some trade or profession, is to seek fixed service, unless
he be married and permanently employed as a day-labourer.
Where a single person of either sex belonging to the labouring
class is not able to obtain a place, he (or she) shall within
two months before the regular term when regular servants are
changed (Skiftetid) apply to the parish-beadle, who, on the
Sunday following at church-meeting, is publicly to offer the
services of his client, and inquire amongst the community if
any person is in want of a servant, and will receive him (or
her) as such. Should the said person not get a place within a
fortnight, a similar inquiry is to be made in the neighbouring
parish.
_All those that have not followed the line of conduct pointed
out in the preceding regulation, and are without steady
employment, shall be considered as vagrants, and punished
accordingly._
It is also provided, that where parents, without sufficient
reason, keep more grown up children at home than they
absolutely require for their service, it shall be considered
indicative, either of their being in comparatively good
circumstances, or that their income has been improved by
the additional labour of their children, and their poor and
school-rates are to be raised in proportion.
[Sidenote: Mode of raising fund.]
It is not only made obligatory upon the house and landowners
to contribute to the parochial fund, but also upon servants
and labouring mechanics; in short, upon all persons, without
distinction of religion, who are not on the parish themselves,
and whose circumstances are such that they can afford to pay
the contribution in proportion to their incomes, without
thereby depriving themselves of the necessaries of life.
The only exception are the military, and persons receiving pay
from the military fund, who are only liable to contribute in so
far as they have private means.
The receipts of the parochial fund are derived from various
sources, which may be classed under the following heads, viz.--
[Sidenote: 1. Parochial fund.]
1ᵒ. An annual contribution in money, either voluntary or levied
upon the inhabitants, according to the assessment of the board
of commissioners in each parish, and in proportion to the
amount annually required for the relief of the poor.
This contribution is recovered in four quarterly instalments,
each of which is payable in advance. The commissioners have to
transmit a list of those persons that are in arrears to the
bailiff of the division, who may levy the amount by distress.
2ᵒ. A contribution assessed upon the produce of the ground-tax
in the townships.
3ᵒ. One-quarter per cent. of the proceeds of goods and effects
sold by public auction in the townships.
4ᵒ. Fines and penalties adjudged to the parochial fund by the
courts of justice, and the commissioners of arbitration in the
townships.
5ᵒ. Produce of collections in churches and hospitals on certain
occasions; of the sale of the effects of paupers deceased; of
the sale of stray cattle having no owner; voluntary donations
on the purchase or sale of houses and lands; contingencies.
6ᵒ. Interest on capital, and rent of lands or houses bequeathed
to, or otherwise acquired by, the poor administration.
[Sidenote: 2. Bailiwick fund.]
The receipts of the separate poor fund of the bailiwick consist
chiefly,--1ᵒ. In a proportion of certain dues levied in each
of its jurisdictions; 2ᵒ. In fines and penalties adjudged to
the fund by the tribunals and the commissions of arbitration in
the agricultural districts; 3ᵒ. In ¼% of all goods and effects
sold by public auction in the country; 4ᵒ. In the interest on
capital belonging to the fund.
This fund has been established for the following purposes:--1ᵒ.
Of contributing to the support of paupers who, although not
properly belonging to the poor of the district in which
they have become distressed, must still be relieved; 2ᵒ. Of
assisting the parochial fund in extraordinary cases; 3ᵒ. Of
defraying all expenses of a general nature that ought to be
assessed upon the several parish funds within the jurisdiction
of the bailiwick.
[Sidenote: Effects of these institutions.]
With respect to the effects of these institutions the evidence is not consistent. Mr. Macgregor’s opinion is, on the whole, favourable.
Be the management (he says) of the poor-laws good or bad, yet
the system itself seems to have answered an important object,
that of checking the rapid growth of pauperism. I admit that
paupers have increased in Denmark these last thirty years, in
the same proportion with the increase of population (_pari
passu_); but I am far from believing that the proportion which
they bear to the whole population is _much_ greater now than
it was in 1803, namely, 1:32, although some of the townships,
from particular circumstances, may form an exception. I have
diligently perused all the different reports that have been
published for the last five years upon the present state of the
rural economy of the country, and they all concur in stating
that there is a slight improvement in the value of land; that
idle people are seldom found; and that there is sufficient work
in which to employ the labouring population.--(p. 291.)
Pauperism is chiefly confined (especially in the country) to
the class of day-labourers, both mechanic and agricultural,
who, when aged and decrepit, or burdened with large families,
throw themselves upon parish relief whenever they are
distressed from sickness or from some other casualty. But
happily the allowance-system, which is productive of so much
mischief, is not acted upon here to the same enormous extent as
in England, and as the able-bodied can expect nothing beyond
the _absolute_ necessaries of life, they have no inducement for
remaining idle, and they return to work the moment they are
able, and have the chance of obtaining any. Relief, therefore,
or the expectation of it, has hitherto not been found to
produce any sensible effect upon the _industry_ of labourers
generally, nor upon their _frugality_, although it is more than
probable that any relaxation in the management of the system
would stimulate them to spend all their earnings in present
enjoyment, and render them still more improvident than they
already are. Nor are the poor-laws instrumental in promoting
early marriages among the peasants; but it being their custom
to form engagements at a very early period of life, this, in
the absence of all moral restraint in the intercourse between
the two sexes, leads to another serious evil, _bastardy_,
which has so much increased of late years, that out of _ten_
children, _one_ is illegitimate.
A pauper in this kingdom lives in a state of degradation and
dependence; he only receives what is absolutely necessary for
his subsistence, and must often have recourse to fraud and
imposition to obtain that, what is reluctantly given.
The working labourer, on the other hand, enjoys a certain
degree of freedom and independence, although his means may
be small, and that sometimes he may even be subject to great
privations.
Should it ever so happen that the labouring population readily
submit to all the restrictions imposed upon them by the
parish officers, and that this is found not to be owing to
any transitory causes, such as a single year of distress or
sickness, _then_, in my humble opinion, the time is arrived
and no other remedy left to correct the evil than for the
government to promote emigration. (p. 292.)
Mr. Thaloman states that,
Hitherto these institutions have had a salutary and beneficial
effect on the nation, inasmuch as many thousand individuals
have been prevented from strolling about as beggars, and many
thousand children have received a good education, and have
grown up to be useful and orderly citizens. Neither as yet have
any remarkable symptoms of dissatisfaction appeared among the
wealthier classes. But we cannot be without some apprehension
for the future, since the poor-rates have been augmented to
such a degree that it would be very difficult to collect larger
contributions than those now paid. And as sufficient attention
has not been paid to this circumstance, that the farmers are
continually building small cottages, in which poor people
establish themselves, since the government have been unwilling
to throw any restraint on marriages between poor persons; there
seems reason to fear, that in the lapse of another period of
twenty years, the poor in many districts will to such a degree
have multiplied their numbers, that the present system will
yield no adequate means for their support.
In the towns much embarrassment is already felt, the poor
having increased in them to a much greater extent than in the
country.
All the taxes of a considerable merchant of Dram in Norway, who
owns eight trading vessels actually employed, amounted during
last year to not more than the school and poor-rates of one
large farm in the heath district which you visited last year.
(p. 279.)
M. N. N., a correspondent of Mr. Browne’s, and the author of a very detailed account of the existing law, after stating that,
Benevolent as the Danish poor system will appear, it is
generally objected to it that the too great facility of gaining
admittance, particularly to the third class, encourages sloth
and indolence, especially in the country, where the means
are wanted to establish workhouses, the only sure way of
controlling those supported:
And that,
It is further objected to the present system, that it already
begins to fall too heavy on the contributors, and that in
course of time, with the constant increase of population, it
will go on to press still more severely on them, inasmuch as
their number and means do not by any means increase in a ratio
equal to the augmentation of the number wanting support: (p.
274.)
Adds, in answer to more specific inquiries,
Before the introduction of the present poor law system, the
distress was much greater, and begging of the most rapacious
and importunate kind was quite common in the country. This was
not only a heavy burthen on the peasantry, but was in other
respects the cause of intolerable annoyance to them; for the
beggars, when their demands were not satisfied, had recourse to
insolence and threats, nay, even to acts of criminal vengeance.
This is no longer the case, and _in so far_, therefore, the
present system has been beneficial.
It is a fact that poverty now appears in less striking features
than it did before the introduction of the poor law system.
This may, however, proceed from causes with which that system
has no connexion; for example, from the increased wealth of
the country in general, from improvements in agriculture, from
the large additions made to the quantity of arable land, which
have been in a ratio greatly exceeding that of the increased
population. If the clergyman, who is, and will always be the
leading member of the poor committee, was able to combine
with his other heavy duties, a faithful observance of the
rules prescribed for him in the management of the poor, I am
of opinion that the system would neither be a tax on industry
nor a premium on indolence. But it rarely happens that the
clergyman can bestow the requisite attention on the discharge
of this part of his duty; and therefore it is not to be denied
that the present poor law (not from any defect inherent in the
system, but merely from faulty management) does occasionally
act as a tax on industry and a premium on idleness. (p. 275.)
On the other hand, Mr. Browne thus replies to the questions as to the effects of the poor laws on the, 1. industry, 2. frugality, 3. period of marriage, and 4. social affections of the labouring classes, and on the comparative condition of the pauper and the independent labourer. (pp. 266, 267.)
1. On the industry of the labourers?--On their industry, most
injurious, involving the levelling principle to a very great
degree, lowering the middleman to the poor man, and the poor
man who labours to the pauper supported by the parish. It tends
to harden the heart of the poor man, who demands with all that
authority with which the legal right to provision invests him.
There is no thankfulness for what is gotten, and what is given
is afforded with dislike and reluctance.
2. On their frugality?--The poor laws greatly weaken the frugal
principle.
3. On the age at which they marry?--Encourage early and
thoughtless marriages. The children are brought up with the
example of indolence and inactivity before their eyes, which
must be most prejudicial in after-life. I have often remarked
amongst the people, who are naturally soft, susceptible and
sympathizing, an extraordinary insensibility towards those who
voluntarily relieve them, even at the moment of relief, and
no gratitude whatever afterwards. I can attribute this most
undesirable state of feeling, so contrary to what might be
expected from the natural character of the people, solely to
the perpetual association of right to relief. Thus does the
system always disturb and often destroy the moral and kindly
relation which should subsist and which is natural, between
the higher and lower orders. The poor man becomes stiff and
sturdy; the rich man indifferent to the wants and sufferings
of the poor one. He feels him a continual pressure, at moments
inconvenient to relieve, and under circumstances where he
would often withhold if he could, partly from dislike to the
compulsory principle, and often not regarding the case as one
of real charity, and disapproving, as he naturally may, of the
whole system of poor laws’ administration. From all I have
observed, I feel persuaded (and I have lived a good deal in the
country, having had much connexion with the lower orders, and
not having been indifferent to their condition either moral or
physical) that a more mischievous system could not have been
devised--that poverty has been greatly increased by weakening
the springs of individual effort, and destroying independence
of character--that the lower orders have become tricky, sturdy
and unobliging, the higher orders cold and uncharitable; and in
short, that ere long, unless some strenuous steps are taken,
Denmark will drink deep of the bitter cup of which England, by
a similar system, has been so long drinking to her grievous
cost. Were there no other objection, the machinery is wanting
to conduct so delicate and complicated a system. And were it
the best possible, and had the managers no other occupation
but the one, the ingenuity of idleness to escape from action
is so great, that it would often, very often, defeat eyes less
actively open to detect it. I have spoken with few who do not
object to the system from first to last, or who do not press an
opinion that the state of the population before the existence
of the poor laws was more desirable by far than at present.
4. On the mutual dependence and affection of parent, children,
and other relatives?--No doubt it materially disturbs the
natural dependence and affection of parent and child. The
latter feels his parent comparatively needless to him; he
obtains support elsewhere; and the former feels the obligation
to support the latter greatly diminished. In short, being
comparatively independent of each other, the affections must
inevitably become blunted.
5. What, on the whole, is the condition of the able-bodied
and self-supporting labourer of the lowest class, as compared
with the condition of the person subsisting on alms or public
charity; is the condition of the latter, as to food and freedom
from labour, more or less eligible?--Were I a Danish labourer,
I would endeavour to live partly on my own labour, and partly
on the parish, and I feel persuaded that a labourer so living
in Denmark will be better off than one who gets no help from
the parish; that is, the former, from a knowledge that he may
fall back on the parish, will spend all he earns at the time on
coffee, spirits, tobacco, snuff, &c., whereas the latter, who
certainly can live on his industry (except under extraordinary
and occasional emergencies, sickness, &c.) is debarred from
such gratifications. Under such circumstances, the _poorer_
labourer is better off than the _poor_ one.
And his views are supported by the following observations of Count Holstein:
1st. The dread of poverty is diminished, and he who is
half-poor works less instead of more, so that he speedily
becomes a complete pauper. Those who are young and capable
of labour are less economical, always having the poor rate
in view, as a resource against want; likewise marriages are
contracted with much less forethought, or consideration as to
consequences.
2d. The morality of the poor man suffers, for he looks upon
his provision as a right, for which he, therefore, need not
be thankful; and, 3d, the morality of the rich man suffers,
for the natural moral relation between him and the poor man
has become completely severed; there is no place left for
the exercise of his benevolence; being obliged to give, he
does it with reluctance, and thus is the highest principle of
charitable action, Christian love, exposed to great danger of
destruction.
4th. As the clergyman of the parish is the president of the
poor committee, he becomes involved in transactions peculiarly
unsuited to his sacred calling, sometimes even compelled
to resort to the extremity of distraint to compel his own
parishioners to pay the allotted proportions; and thus does the
moral influence of him, who should be a picture of the God of
love, become every day less and less powerful. (p. 276.)
We have entered into this full statement of the Danish poor laws, and of their administration, because they exhibit the most extensive experiment that has as yet been made in any considerable portion of the Continent of a system in many respects resembling our own.
MECKLENBURG.
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Statement of the Provision for the Poor, and of the Condition of the Labouring Classes in a Considerable Portion of America and EuropeChapter II: Section 26: The main principle to be observed everywhere in (1)
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