Proposed alteration of the Scottish poor laws, and of the administration thereof, as stated by Dr. Alison, in his "Observations on the management of the poor in Scotland"

Front matter

PROPOSED ALTERATION

SCOTTISH PWilfS

THE ADMINISTRATION THEREOF,

Conclusion

The careful examination of this important subject, with reference to both the English and the Scotch Poor Laws, by a Committee of the House of Commons, as well as by a Commission, and in Parliament, while the Amendment Act for England was framing, and at the time of its enactment, — the evidence then brought forward as to the effects which the different systems have produced in the two countries, — the deep attention which was bestowed on the subject, by the most competent judges, at this period, — and the reasoning and reflections to which inquiry, thus conducted and thus instructed, gave birth, — have brought to light the only true principles on which the structure of Poor Laws can be founded with safety, but which, before this era in the history of these institutions, appear to have been little attended to, if not (in the practice of England at least) entirely overlooked.

The great axiom undoubtedly is, that no certain and fixed fund ought to be set aside for the poor, and declared by legal right to belong to them ; more especially if the allowances are to be ample, as is proposed, and such as to secure the comfort of the class of the community for which they are destined. Such a provision, created by law, however strict and guarded may be the rules for the application of it, cannot fail, as human nature is constituted, to weaken the most powerful motives to exertion, and, at the same time, to subvert the foundation on which pro¬ perty rests.

The knowledge and experience acquired by our legislators and statesmen have led them to lay it down as a maxim, that 4 this right to share in a fixed fund is 4 the grand mischief of the poor laws, with the seeds of which they were originally 4 pregnant/ I have elsewhere endeavoured to shew, that, in point of legal right , there exists a distinction between the obligation to relieve the 4 impotent/ and the obligation to relieve the ‘industrious’ poor. And it has been owned, that in England, 4 as long as it was supposed that the law attached only to the impo- 4 tent, to those who came within the description of old age, worn out faculties in 4 body and mind, or persons disabled by any accidental cause, and not to able- 4 bodied persons, — -so long, it must be admitted, that if the law was not an advan- 4 tage, at all events it proved to be no detriment whatever.’1 But I speak not at present of the legal right. In order to make way for a consideration of the moral effects of a fixed provision established by law for the poor, the power to impose this tax on the more opulent classes, as it is imposed in England, must be assum¬ ed. Then it is that we arrive at the Lord Chancellor’s conclusion, that to create such a right, and to hold out the prospect of a legal provision, is to sow the seeds of all the mischief of which the English poor laws have produced so abundant and destructive a crop. The evidence has proved, and the opinions formed on a review of that evidence, by the highest authorities in the state, have confirmed the proposi¬ tion, that such a provision, created by law for the poor, gradually changes the character and the relative conduct, to each other, of the different classes of society. The absolute necessity of workhouses to controul the operation of this system, establishes beyond dispute the truth, in so far as the lower orders are concerned,

1 Corrected Speech of Lord Chancellor, p. 8.

of the maxim now contended for. Wherefore this indispensable test of the just* ness of individual claims to relief, if the existence of the right did not give birth to* and blow into full maturity, these dispositions and propensities in the poorer classes, which wiser regulations and institutions would smother and suppress ? And with regard to the richer classes, the doctrine is proved, by the falling off of the church collections in every parish in which an assessment is imposed, and the decay of that kindness and support from the relations and neighbours of the poor, which has uniformly marked the progress of this institution.

Now, the Scottish poor laws themselves, (according to my construction of them,) or the administration of these laws, as others will contend, (and it signifies not to the present argument which of these two views is correct) have shunned those evils which the poor laws of England have produced, and have left in the position which Providence intended them to occupy, the relative duties of the dif¬ ferent classes of society to each other.

We have also seen, in the course of our enquiry, that there is another axiom, which is reckoned likewise of primary importance, in the administration of poor laws, but the recognition of which casts the greatest doubt on the chief object of the proposal under consideration,— a large augmentation of the allowances to the poor. The rule alluded to is, that the situation of the pauper ‘shall not be made so ‘ eligible as the situation of independent labourers of the lowest class.’ This, we have been assured, is ‘ the first and most essential of all conditions' We have been told, that there are ‘ those whose practice is at variance with it,’ but that even by them, ‘ the principle is universally admitted.’

Whether the advocates for largely increased allowances in this country, would assent to the maxim thus laid down by the English Poor Law Commissioners, but would, at the same time, suffer the practice to be at variance with the admitted principle, does not appear from any thing that has, as yet, been stated by them. But it will evidently be difficult to reconcile the practice recommended, with the condition and principle declared to be indispensable. There are even peculiarities connected with the situation of the poor, and of the working classes, in Scotland, which would enhance these difficulties considerably, and must not therefore be overlooked. It is believed, that all over the west of Scotland, at present, the maintenance of natives of Ireland is already felt as a heavy burden. This evil, unless counteracted, will gradually extend over the country, lowering, as it spreads, the moral and physical condition of the people. In these circumstances, a large addi¬ tional provison for the poor, would operate as a heavy tax on Scotch industry, and as a premium for Irish destitution. And, indeed, without any such influx of desti¬ tute strangers, very greatly increased allowances to the poor, would infallibly compel many independent labourers of the lowest class, and would, from a love of idleness, induce many more of them, to descend into the rank of paupers.

Thus may this measure, however strongly recommended by pity for the deserv¬ ing poor, exert a prejudicial and powerful influence, in depressing independent labourers, and in multiplying the number of paupers. The increased allowances evidently require to be bestowed with the most scrupulous attention to the circum¬ stances of each particular case in which relief is to be afforded — with patient and careful discrimination — with an observance of the salutary rules according to which parochial assistance has always been administered in Scotland — and with that kindness, yet strict enquiry, which is only to be expected from the members of our kirk-sessions, acquainted as they are with the poor of their districts, resid¬ ing among them, and charitably disposed to bestow their time gratuitously in assist¬ ing and relieving them.

The other points of distinction between the Scotch and English systems, in the administration of each, as w ell as the general principles on which they are severally founded, and on account of which the preference has been given by the English themselves to the Scottish institutions, need not be here particularised, because they have been already fully stated, and because they all flow directly, and w'ith certainty, from the same source. It must only be kept in mind, that, at the pass¬ ing of the poor law amendment act for England, not only, on the one hand, w'ere the Scotch institutions preferred as a whole, and declared to be worthy of imitation, but the preference wras giv’en to each particular part in its order, separately con¬ sidered ; and, on the other hand, the English system was acknowledged to have been founded originally on erroneous principles; and particularly those very parts of it which it is now proposed to introduce into this country, were admitted to have originated in error, which long practice has, in England, unhappily rendered nearly irremediable.

While such are the defects of the English system, the only serious objection to the Scotch institutions that has ever been urged, arises from the difficulty of procuring, by means of voluntary contributions, a sufficiency of funds. But this ob¬ stacle to the success of the scheme, is chiefly occasioned by the growing tendency to assessment, and just furnishes an additional and weighty objection to this method of obtaining funds for the poor„ An English poor law Commissioner, whose Report has been already referred to, has noticed the largeness of the church collections in the parish of 8t. John’s of Glasgow, in comparison with those of the other city churches, and has accounted for the fact in this manner. 4 This, 1 have little doubt,

* is owing to the knowledge which the church-goers have, th^t the sole dependence

* of the poor is on the church collections. This is the case so uniformly in every 4 parish I have visited, that it might be know'll whether the poor in any place in 4 Scotland w'ere supported by assessment, simply by an inspection of the amount of 4 offerings at the church door.’1 Let us take the hint from this stranger. Put an end, wherever funds can possibly be obtained without it, to compulsory assessment. Assure the people that the church collections are the chief funds for the relief of the poor. Appoint deacons w here necessary. Encourage and cherish this system, and the practice of private charity, instead of choking both, and destroying the means of both, by the chilling influence of an assessment.

Finally, l would earnestly impress on my countrymen, the duty of not hastily relinquishing the advantages which the wisdom of ages has matured for us, and which the most experienced of our practical men have highly valued. Rather let us use every exertion to overcome those difficulties under which the system labours, in consequence of the increase of population in the country. And let us hold fast the principles on which, as a safe and secure foundation, our institutions for the management of the poor are rested. In 1834, w hen the English were bringing for¬ ward their great scheme for the amendment of their poor law's, the Committees w'ho prepared, and the legal authorities and statesmen who introduced the measure, all held up prominently to view, the Scottish system and administration, as a model which they admired, and purposed gradually to imitate. It was not to have been expected that within six short years, Scotchmen w ould have seriously proposed to return the compliment to England, instead of taking it in earnest, as it w as really and with sincerity bestowed. This singular and extraordinary fact should warn us to be cautious and circumspect. It ought to teach us to be slow of believing that the cherished opinions of our ancestors are mere prejudices and delusions, unfitted for the present times, and such as it is unworthy of us to entertain. It should lead us patiently and carefully to reconsider the matter. Those who do so will, I am persuaded, become impressed with the conviction, that among our civil institutions, (for many of w hich, it is acknowledged, that our favour is not unreasonable), those w hich relate to the management of the poor, are entitled to high rank for their w isdom and sound policy.

1 Report of E. C. Tuffhell, Esq., Appendix, No, III.