The justification for the policy which, as we have seen, Sir Francis Head induced the Central Authority to substitute for the recommendations of the 1834 Report, may have been his confident expectation, in 1835, that the use of the workhouse was only to serve as a "test," which the applicants would not pass, and that there was accordingly no need to regard the workhouse building as a continuing home.[435]This was the view taken by Harriet Martineau, who, in herPoor Law Tales, describes the overseer of the depauperised parish as locking the door of the empty workhouse when it had completely fulfilled its purpose of a test by having made all the applicants prefer and contrive to be independent of poor relief. By 1847, however, it must have been clear that, even in the most strictly administered parishes, under the most rigid application of the Outdoor Relief Prohibitory Order, there would be permanently residing in the workhouse a motley crowd of the aged and infirm unable to live independently; the destitute chronic sick in like case; the orphans and foundlings; such afflicted persons as the village idiot, the senile imbecile, the deaf and dumb, and what we now call the mentally defective; together with a perpetually floating population of acutely sick persons of all ages; vagrants; girls with illegitimate babies; wives whose husbands had deserted them, or were in prison, in hospital, or in the Army or Navy; widows beyond the first months of their widowhood and other women unable to earn a livelihood; all sorts of "ins and outs"; and the children dragging at the skirts of all these classes. The workhouse population in 590 unions of England and Wales on 1st January 1849, was, in fact, 121,331.[436]The condition of theseworkhouse inmates, and the character of the regimen to which they were subjected, had been brought to public notice in 1847 in the notorious Andover case. The insanitary condition of the workhouses of the period as places of residence, and, in particular, their excessive death-rate, was repeatedly brought to notice not only by irresponsible agitators, but also by such competent statistical and medical critics as McCulloch and Wakley.[437]But the very idea of the general workhouse was now subjected to severe criticism. "During the last ten years," said the author of an able book in 1852, "I have visited many prisons and lunatic asylums, not only in England, but in France and Germany. A single English workhouse contains more that justly calls for condemnation in the principle on which it is established than is found in the very worst prisons or public lunatic asylums that I have seen. The workhouse as now organised is a reproach and disgrace peculiar to England; nothing corresponding to it is found throughout the whole continent of Europe. In France the medical patients of our workhouses would be found in 'hopitaux'; the infirm aged poor would be in hospices; and the blind, the idiot, the lunatic, the bastard child and the vagrant would similarly be placed each in an appropriate but separate establishment. With us a commonMalebolgeis provided for them all; and in some parts of the country the confusion is worse confounded by the effect of Prohibitory Orders, which, enforcing the application of the notable workhouse-test, drive into the same common sink of so many kinds of vice and misfortune the poor man whose only crime is his poverty, and whose want of work alone makes him chargeable. Each of the buildings which we so absurdly call a workhouse is, in truth (1) a general hospital; (2) an almshouse; (3) a foundling house; (4) a lying-in hospital; (5) a school house; (6) a lunatic asylum; (7) an idiot house; (8) a blind asylum; (9) a deaf and dumb asylum; (10) a workhouse; but this part of the establishment is generally alucus a non lucendo, omitting to find work even for able-bodied paupers. Such and so varied are thedestinations of these common receptacles of sin and misfortune, of sorrow and suffering of the most different kinds, each tending to aggravate the others with which it is unnecessarily and injuriously brought into contact. It is at once equally shocking to every principle of reason and every feeling of humanity, that all these varied forms of wretchedness should be thus crowded together into one common abode, that no attempt should be made by law to classify them, and to provide appropriate places for the relief of each."[438]
During the period now under review, 1847-71, we see the Central Authority becoming gradually alive to the draw-backs of this mixture of classes. At first its remedy seems to have been to take particular classes out of the workhouse. We have already described the constant attempts, made from the very establishment of the Poor Law Board, to have the children removed to separate institutions and to get the vagrants segregated into distinct casual wards. It was the resistance and apathy of the boards of guardians that prevented these attempts being particularly successful,[439]and the Central Authority appears not to have felt able to issue peremptory orders on the subject. The policy of the Lunacy Commissioners drew many lunatics out of the workhouses, but this was more than made up by the increasing tendency to seclude the village idiot, so that the workhouse population of unsound mind actually increased.
We do not find that there was during the whole period any alteration of the General Consolidated Order of 1847, upon which the regimen of the workhouse depended. In spite of the increasing number of the sick and the persons of unsound mind, the seven classes of workhouse inmates determined by that Order were adhered to, and received no addition, though the Poor Law Board favoured the sub-division of these classes so far as it was reasonably possible in the existing buildings, especially in the case of women. In a letter of 1854[440]it lamented the evil whicharose "from the association of girls, when removed from workhouse union schools, with women of bad character in the able-bodied women's ward," and wished that it could be prevented. At the same time it stated that in the smaller workhouses it was "often impracticable to provide the accommodation" which would be necessary in order to maintain a complete separation; and while pointing out that it was legally competent for the guardians (with its approval) to erect extra accommodation, by means of which this contamination could be avoided, the Central Authority did not even remotely suggest that it was the guardians' duty so to do. By 1860 it "had given instructions that every new workhouse should be so constructed as to allow of the requisite classification."[441]
From about 1865 onwards we note a new spirit in all the circulars and letters relating to the workhouse. The public scandal caused by theLancetinquiry into the conditions of the sick poor in the workhouses, and the official reports and Parliamentary discussions that ensued, seem to have enabled the Central Authority to take up a new attitude with regard both to workhouse construction and workhouse regimen. From this time forth the workhouse is recognised as being, not merely a "test of destitution" for the able-bodied, which they were not expected long to endure, but also the continuing home of large classes of helpless and not otherwise than innocent persons. "Able-bodied people," reported the Medical Officer in 1867, "are now scarcely at all found in them during the greater part of the year.... Those who enjoy the advantages of these institutions are almost solely such as may fittingly receive them, viz. the aged and infirm, the destitute sick and children. Workhouses are now asylums and infirmaries."[442]
From now onwards we see the Central Authority always striving to improve the workhouse. In the Circulars of 1868 much attention was paid to the sufficiency of space and ventilation. It was required that parallel blocks of building should be so far apart as to allow free access to light and air; blocks connected at a right or acute angle were to be avoided.
Ordinary wards were to be at least ten feet high and eighteen feet wide, the length depending on the number of inmates; 300 cubic feet of space were required for each healthy person in a dormitory, 500 for infirm persons able to leave the dormitory during the day, and 700 in a day and night room.[443]The Visiting Committee was to "ascertain not merely whether the total number for which the workhouse is certified has been exceeded, but whether the number of any one class exceeds the accommodation available for it."[444]No wards were to be placed side by side without a corridor between them; the corridors were to be six feet wide, and ordinary dormitories were to have windows into them. Windows and fanlights into internal spaces were to be made to open to be used as ventilators, and ventilation was also to be "effected by special means, apart from the usual means of doors, windows, and fire-places," air-bricks being recommended as a simple method.[445]No rooms occupied by the inmates as sleeping-rooms were to be on the boundary of the workhouse site. Hot and cold water was to be distributed to the bath-rooms and sick wards. Airing yards for the inmates were to be "of sufficient size"—with a rider that "if partially or wholly paved with stone or brick or asphalted or gas-tarred they are often better than if covered with gravel."[446]Yards for the children, sick, and aged were to be enclosed with dwarf walls and palisades where practicable, presumably with the object of giving a look-out, and making the yard slightly less prison-like.[447]"Small yards, and a work-room, and a covered shed for working in bad weather," were to be provided for vagrants.[448]For workhouses having a large number of children the Poor Law Board recommended, "in addition to the school-rooms, day-rooms, covered play-sheds in their yards, and industrial work-rooms."[449]The staircases were to be of stone; the timber, Baltic fir and English oak;fire escapes were to be provided; these and many other details were laid down, all tending to make the building solid and capacious.[450]There was no mention of ornament, no regard to appearance, no hint that anything might be done to relieve the dead ugliness of the place; but it must be recognised that the Central Authority had, by 1868, travelled far from the "low, cheap, homely building" which it was recommending thirty years before.[451]
Separate dormitories, day-rooms, and yards (apparently not dining-rooms) were required for the aged, able-bodied, children, and sick of each sex, and these were the only divisions laid down as fundamental, but the Circular went on to recommend provision (1) "so far as practicable for the sub-division of the able-bodied women into two or three classes with reference to moral character, or behaviour, the previous habits of the inmates, or such other grounds as might seem expedient," and (2) "in the larger workhouses" for the separate accommodation of the following classes of sick—
Ordinary sick of both sexes.Lying-in women, with separate labour room.Itch cases of both sexes.Dirty and offensive cases of both sexes.Venereal cases of both sexes.Fever and smallpox cases of both sexes (to be in a separate building with detached rooms).Children (in whose case sex was not mentioned).[452]
Ordinary sick of both sexes.Lying-in women, with separate labour room.Itch cases of both sexes.Dirty and offensive cases of both sexes.Venereal cases of both sexes.Fever and smallpox cases of both sexes (to be in a separate building with detached rooms).Children (in whose case sex was not mentioned).[452]
In the furnishing of the wards the simplicity of 1868 was equally far removed from that of 1835. Ordinary dormitories contained beds 2 feet 6 inches wide, chairs, bells, and gas where practicable. Day-rooms were to have an open fireplace, benches, cupboards (or open shelves, which were preferred),tables, gas, combs, and hairbrushes. "A proportion of chairs" were to be provided "for the aged and infirm"; and of the benches, likewise, "those for the aged and infirm should have backs, and be of sufficient width for reasonable comfort." In the dining-rooms were to be benches, tables, a minimum of necessary table utensils, and if possible gas and an open fireplace. The sick wards were to be furnished with more care, and with an eye to medical efficiency. It is unnecessary to go into the long and detailed list of the medical appliances which were required. There is even some notice of appearances in a suggestion that "cheerful-looking rugs" should be placed on the beds, and of comfort in the arm and other chairs "for two-thirds of the number of the sick." There were also to be short benches with backs, and (but these only for special cases) even cushions; rocking-chairs for the lying-in wards, and little arm-chairs and rocking-chairs for the children's sick wards.[453]Dr. Smith had further recommended a Bible for each inmate, entertaining illustrated and religious periodicals, tracts and books, games, and a foot valance to the bed to "add to the appearance of comfort,"[454]These suggestions were not specifically taken up by the Central Authority, but Dr. Smith's report was circulated to the guardians, without comment.[455]We have the beginning, too, between 1863 and 1867, of the improvement of the food, which was regulated in each workhouse by a separate Special Order, prescribing a dietary, differing widely from union to union.[456]In 1866 the report of themedical officer in favour of skilled cooking, by a professional cook, instead of by a pauper inmate, really hot meals (even to the use of "hot water dishes"), and efficient service, so as to increase the comfort of the inmates, was circulated to the boards of guardians.[457]After many reports and elaborate inquiries, the Central Authority in 1868 issued a Circular of very authoritative suggestions for a general improvement in the workhouse dietaries. After a protest that no cause had been shown for any fundamental change in the principles which had been hitherto recommended, it was urged that there were various points which the guardians should remember in framing dietaries. The first of these points was the addition of several classes who were to have separate dietaries, viz.:—
(a) The aged and infirm not on the medical officer's book.(b) Inmates on the medical officer's book for diet only and not on the sick list.(c) Inmates allowed extra diets on account of employment, and those allowed alcohol for the same reason.(d) Children aged nine to sixteen, if the guardians thought they should be separately dieted.(e) Sick diets to be framed by the medical officer as before.(f) Imbeciles and suckling women to be dieted as the aged, "with or without the substitution of milk porridge and bread at breakfast or supper or at both meals."
(a) The aged and infirm not on the medical officer's book.
(b) Inmates on the medical officer's book for diet only and not on the sick list.
(c) Inmates allowed extra diets on account of employment, and those allowed alcohol for the same reason.
(d) Children aged nine to sixteen, if the guardians thought they should be separately dieted.
(e) Sick diets to be framed by the medical officer as before.
(f) Imbeciles and suckling women to be dieted as the aged, "with or without the substitution of milk porridge and bread at breakfast or supper or at both meals."
Then followed various detailed suggestions, some of which dealt with ingredients and methods of cooking. Soup or broth dinners were not to be given more than twice a week; nor were bread and cheese or suet pudding dinners, except to the able-bodied. Fresh vegetables were to be provided, if possible, five times a week, and boiled rice alone was not to be made a substitute for them. Rice pudding was not to be given as a dinner except to children under nine, and to them not more than twice a week. Children were not to have tea or coffee, except for supper on Sunday, but milk at breakfast and supper, and they were to be given two or three ounces of bread at 10A.M.It was "suggested that tea, coffee, or cocoa, with milk and sugar, and accompanied by bread and butter or bread and cheese, should be allowed to all the aged and infirm women at breakfast and supper, and the same to aged and infirm men, or milk porridge with bread" might be given at one of those meals. The ordinary rations were—of meat (cooked, without bone), for men four ounces, for women three ounces; of soup, one to one and a half pints (containing three ounces of meat) for an adult; and of bread at breakfast or supper, six ounces for able-bodied men, for the aged, women, and children over nine five ounces, and proportionately less for younger children.[458]
The movement for the improvement of the workhouse thus initiated by the Central Authority in 1865-70 represents avast departure, not only from the policy of the Poor Law Commissioners of 1835-47, but also from that of the Poor Law Board itself from 1847 to 1865. Unfortunately, in the absence of any embodiment of the new policy in a General Order, it was left to the slow and haphazard discretion of the six hundred boards of guardians how far it was carried into practice.[459]There is, however, evidence that by 1872, at any rate, the Metropolitan workhouses were reported to have become "attractive to paupers," and to contain "many persons ... who could maintain themselves out of doors; and, in short, that the workhouse furnishes no test of destitution."[460]Moreover, though the Central Authority sought to improve the physical conditions of workhouse life, and even to promote the comfort of the classes who now formed the great bulk of the workhouse population, it does not seem to have had any idea of remedying the mental deadness of the workhouse, the starvation of the intellect, the paralysis of the will, and the extinction of all initiative to which such an existence inevitably tended. The only hint that we can find during the whole period of any consciousness that the hundred and fifty thousand workhouse inmates had minds is a statement by Mr. C. P. Villiers in 1860 that "the board had readily consented to establish libraries" for the inmates.[461]We cannot find any order authorising the provision of workhouse libraries, or any circular suggesting them; nor do we discover their existence from such local records as we have been able to consult.
K.—Emigration
Emigration was not made the subject, during this period, of statute, order, or circular. At first we find the Central Authority continuing the favour to it which had been expressed in the 1834 Report and in the documents and action of the Poor Law Commissioners. In 1849 the Central Authority got a Bill through Parliament increasing the powers of promoting and assisting emigration,[462]in support of which the Manchester Board of Guardians petitioned in characteristic phraseology.[463]In the same year the Central Authority even approved the sending out of a convict's family to join him; "the transportation of the convict is not a voluntary desertion of the family, and when the Government promotes the sending out of the family ... the expenditure of the poor rate in furtherance of that object may properly be sanctioned."[464]By 1852 the number of persons emigrated at the expense of the poor rate had risen to 3271 in a single year, four-fifths going to the Australian Colonies.[465]By this time the total number of persons assisted to emigrate at the expense of the poor rates, between 1834 and 1853, had mounted up to nearly 24,000.[466]The policy then changes. The number of persons emigrated at the expense of the poor rate suddenly declines, falling from 3271 in 1852 to 488 in 1853.[467]In 1854 it is recorded that the Central Authority had "declined during the past year to sanction any expenditure from the poor rate in aid of emigration to the Australian Colonies (except in ... special circumstances), on the ground that the condition of those colonies [appeared] to be such as of itself to attract largely voluntary and independent emigration"[468]—a reason, we may observe, which does not seem relevant to a discussion of the advantage or disadvantage of emigration as a means of reducing pauperism at home. It does notappear that the change of policy was due, as it might have been, to a conviction that a colony in a period of excitement over "gold rushes" was not a suitable place to which to send a young person in whose welfare one took a personal interest. It may be that the real reason was a political one, viz. objections expressed by the Australian colonies themselves. Whatever the motive, however, rate-aided emigration remained in disfavour. "We must consider," said the Poor Law Board in 1860, "that at present emigration cannot be considered as any practical remedial measure for the repression of pauperism."[469]In 1863, Mr. Villiers, speaking as President of the Poor Law Board, gave a new reason for the disfavour into which emigration had fallen. "I do not mean to say," he protested, on a discussion about the distress caused by the Lancashire Cotton Famine, "that the Government should discourage emigration.... [But] when we know the large amount of capital in the country, and the great increase of it, and are also cognisant of the demand for labour a few years since, I do not think it would be wise of the Government to expend public money in the promotion of emigration."[470]For the next seven years emigration at the expense of the poor rate practically ceases, the number of persons so assisted falling in 1866-7 to eighteen.[471]In the following year, 277 persons were sent from Poplar, then exceptionally distressed,[472]but there was no general resumption of the policy, so far as adults were concerned. In 1869 the Central Authority, whilst disavowing any intention of reviving the policy, tried to simplify the procedure with regard to emigration, but found the representatives of the colonies adverse.[473]In 1870 there was, however, a slight revival, accompanied by the new feature of the emigration to Canada of orphan or deserted children (Miss Rye's scheme),[474]destined to become thenceforth a constant feature, though not in any one year attaining any considerable magnitude. The total number of persons emigrated at the expense of the poor rate in theseventeen years between 1853 and 1870 was between three and four thousand, as contrasted with nearly 24,000 in the preceding nineteen years.[475]
L.—Relief on Loan
We may note that the Central Authority did not advise making use of the statutory power to grant relief in the form of a loan, as a means of discouraging applicants, but regarded it solely as a way of saving the rates. Such relief was to be granted with due consideration and thebona fideintention of recovering.[476]Relief could not be given on loan if it would be contrary to Order to grant it not on loan.[477]In fact, what might not lawfully be given, was not to be lent.[478]Whatever was granted on loan should always be strictly recovered in due time. "The power of lending is only to be exercised where the guardians think fit to do something less than absolutely give the relief applied for in cases where the application is lawful."[479]As examples of occasions suitable for relief on loan, the Central Authority adduced that of a mentally defective person having a regular and sufficient income, but yet occasionally destitute from incapacity to manage his expenditure.[480]Other cases are those of wives or children found destitute, when the relief may be made on loan to the husbands or parents.[481]A further instance is supplied by relief applied for by the mother of an illegitimate child who is entitled to periodical payments from the putative father. The putative father may be asked to make his payments in such a way as to facilitate the recovery of the loan from the mother.[482]We find no revival of the idea mooted in 1840 of granting medical relief on loan.
M.—Co-operation with Voluntary Agencies
A noteworthy feature of the very end of this period was the emphasis suddenly laid upon the importance of systematic co-operation between the Poor Law and voluntary charitable agencies. This was the novel feature of Mr. Goschen's celebrated Minute of 20th November 1869. His object was "to avoid the double distribution of relief to the same persons, and at the same time to secure that the most effective use should be made" of voluntary funds. With this view he sought "to mark out the separate limits of the Poor Law and of charity respectively, and [to find out] how it is possible to secure joint action between the two." He suggested that voluntary agencies should undertake the following:—
(a) The necessary supplementing of insufficient incomes—and he does not here distinguish between earnings, dividends, pensions, and family contributions—"leaving to the operation of the [Poor] Law the provision for the totally destitute."(b) Donations of bedding, clothing, or other similar articles not provided by the guardians (as distinguished from food or money)[483]to persons in receipt of outdoor relief.(c) Services to such persons which are beyond the power of the guardians (such as the redemption from pawn or the purchase of tools or clothes, and the expenses of migration).
(a) The necessary supplementing of insufficient incomes—and he does not here distinguish between earnings, dividends, pensions, and family contributions—"leaving to the operation of the [Poor] Law the provision for the totally destitute."
(b) Donations of bedding, clothing, or other similar articles not provided by the guardians (as distinguished from food or money)[483]to persons in receipt of outdoor relief.
(c) Services to such persons which are beyond the power of the guardians (such as the redemption from pawn or the purchase of tools or clothes, and the expenses of migration).
It was suggested that charitable agencies and the relieving officers should bring to each other's notice all cases falling within each other's spheres, in order that none might be overlooked; systematically giving each other also information of all cases that were being relieved, so as to prevent any overlapping. Mr. Goschen seems to havethought it beyond the power of the Poor Law Board to do anything to set going any joint action between the Metropolitan boards of guardians and charitable agencies. He did not convene a conference or initiate a joint committee, or even circulate his proposal to the Metropolitan charities; though he had evidently been advised that the services both of the officers of the Poor Law Board and of those of the guardians could legally be used "to assist in systematising ... relief operations in various parts of the Metropolis," and "to facilitate the communication between the official and private agencies"; and that Poor Law funds could be drawn on for remuneration for their extra work and for the necessary printing. He confined himself literally to sending his Minute to the Metropolitan boards of guardians, with a request for their views upon it. In reply, he got little beyond a series of expositions of the apparent impracticability of his proposals. In commenting on these replies, the Central Authority did not pursue Mr. Goschen's suggestions, but urged only "increased vigilance and the appointment of more relieving officers" on the one hand,[484]and on the other the grant of "more adequate relief."[485]There the matter rested, for though systematic co-operation between charities and the Poor Law has since been assumed to be the policy of the Central Authority, we cannot find that there has ever been any second official statement on the subject.[486]
To the historian of Poor Law policy, Mr. Goschen's Minute is important as the first indication of what we shall see developing in the ensuing period—an attempt to restrict the range of operations of the Poor Law,which here began to battle with the opposite tendency to extend the range of those operations, and to improve their quality, which, as we have seen, had marked the whole reign of the Poor Law Board with regard to children and persons of unsound mind; and which had, from 1865, taken such a stride onwards in the provision of hospitals and dispensaries for the sick, and improved accommodation for the workhouse inmates.
N.—The Position in 1871
In 1867 the Poor Law Board, which had been continued from time to time by temporary statutes, was made permanent,[487]and in 1871 it was merged in a new and permanent department, the Local Government Board, established to take over not only the Poor Law business, but also the Local Government Act Department of the Home Office and the growing public health service, which had, since the abolition of the General Board of Health, been under the Privy Council. This amalgamation, which was not brought about by anything to do with the Poor Law side, does not mark any significant epoch in Poor Law policy. It is therefore unnecessary to attempt any summary of the whole policy of the Poor Law Board as such. It need only be noted at this point that the new establishment of the Central Authority on a permanent basis, no longer dependent on temporary statutes, but definitely one of the departments of the national executive, with its President more frequently than not a member of the Cabinet, greatly strengthened the authority and augmented the confidence with which it dealt with boards of guardians. And this authority was in these years being fortified by the growth of an official staff, on a more permanent basis than the temporarily serving inspectors and assistant inspectors of a professedly temporary board. We are already conscious, at the end of this period, of a growing firmness of touch and an increasing consciousness of there being once more a deliberate policy, which the new department will strive to carry out and enforce.
THE LOCAL GOVERNMENT BOARD
As we have already mentioned, the merging of the Poor Law Board in the newly established Local Government Board came about for reasons unconnected with the Poor Law, and it coincided with no definite change in Poor Law Policy. But, as already indicated, the placing of the Central Authority on a permanent basis coincided with a gradual improvement in the quality of the inspectorial staff, who, in the ensuing decades, remind us more of the masterful assistant commissioners of the 1834-47 period. On the other hand, the development of the office from a mere specialised authority, concerned only with a single function, into what became practically a Ministry of the Interior, charged with the supervision of all the local government of the country (with the partial exception of police and schools), necessitated both an increase and a development of the permanent secretariat. To this secretariat, with its graded hierarchy and multiplicity of departments, boards of guardians and the administration of the Poor Law tended inevitably to take their place among municipal corporations, local boards of health, highway authorities, and the administration of other statutory powers. There is even a third element to take into account. The revival of public interest in Poor Law problems, beginning about1867[488]in the Metropolis and some of the large towns, and spreading later to the whole country, had its effect in the House of Commons, especially after the extension of the franchise in London and the boroughs (1867), and in the counties (1884). We see this manifesting itself in Poor Law policy in various minor statutes, and, above all, in sporadic circulars and other declarations of policy by the Parliamentary President of the Local Government Board.
Thus the student who seeks to discover what was the policy of the Central Authority between 1871 and 1907 finds two distinct influences at work on Boards of Guardians, each of which carries with it the weight of the Central Authority, but one of them is seen to be predominant between 1871 and 1885, whilst the other predominates after 1885.
The able, zealous, and somewhat doctrinaire inspectorate, especially between 1871 and 1885, stands always on the "principles of 1834" in their strictest interpretation—constantly using language, indeed, which went beyond any proposals of the 1834 Report, or any policy embodied in the documents of the Central Authority of 1834-47. On the other hand, the president (and Parliament with his concurrence) sporadically brought in (especially after 1885) a note that some might term a sentimental, others an enlightened humanitarianism, with regard to particular sections—the unemployed, the decayed members of friendly societies, the "deserving aged poor" generally. This humanitarianism was certainly in direct contradiction of the "principles of 1834." How far it may be said to have embodied, perhaps unconsciously, other principles will subsequently appear.
The cleavage in policy between the inspectorate and the president did not at first manifest itself. For the first decade or so, the successive presidents and the inspectorate seem to be at one in a policy of "strict administration"—a policy as to which we cannot discover whether it was due to the influence of such presidents as Mr. Goschen and Mr. Stansfeld upon such inspectors as Mr. Corbett, Mr. Doyle, Mr. Wodehouse, and Mr. Longley, orvice versa. We may perhaps ascribe to the caution of the secretariat the confining of this policy tothe general terms of circulars and minutes, thus avoiding alike the necessary precision of orders and statutes and any explicit extension of the "principles of 1834" to classes other than the able-bodied.
From 1871 to about 1885 the outstanding feature of the policy of the Central Authority was the steady pressure exercised through the inspectors with the object of reducing outdoor relief. This arose out of the inquiries set on foot by Mr. Goschen, which had revealed, not only the granting of a large amount of outdoor relief to able-bodied men and women and their families, but also great differences in practice between one union and another. As we have shown, neither Mr. Goschen nor the Central Authority under any other president had, down to 1871, so far as the aged and infirm and cases of sickness were concerned, ever indicated or advocated, in any official document that we have been able to find, any alternative policy to that of outdoor relief. The Circular on Outdoor Relief[489]now issued to the inspectors and widely published, which set the tone for the ensuing decade, did not explicitly declare any new policy with regard to these classes, which then made up at least three-fourths of the total outdoor relief cases. Moreover its illustrative examples and its specific recommendations related entirely to the able-bodied. Indeed, except for an important new departure in the treatment of able-bodied widows with children, the recommendations to be pressed on Boards of Guardians amounted to no more than the substitution of the practice of the Outdoor Relief Prohibitory Order for either that of the Outdoor Relief Regulation Order or that of the Labour Test Order, where one or other of these latter was in force. The differences between these orders, as we have shown, relate only to the able-bodied. Thus, an acute clerk of a board of guardians would have been warranted in saying that, so far as concerned the aged and infirm and the sick, the Circular of 1871 announced no new policy.
But the Circular appeared to the casual reader to be against outdoor relief as such to any class of paupers. The expression "Outdoor Relief" was nowhere defined or limited. Particular unions were compared one with another as to theamount and proportion of their total outdoor relief to all cases, those having a large amount being held to blame, without a consideration of whether their outdoor relief was to the able-bodied or to the aged and infirm and the sick; and even without any consideration of the relative proportion of persons over sixty, or the relative prevalence of ill-health in their several populations.[490]
Moreover, some of the other recommendations of the Circular implied, though they did not express, a suggestion that the "offer of the House" might be used as a means of preventing the aged and the sick from coming on the rates at all. Quite a new stress was laid on getting contributions from relatives, and on the most vigilant inquiry into circumstances, recommendations which certainly applied to the aged and infirm and to the sick, and which seemed to carry with them the hint that, if confronted with the workhouse, even the aged and the sick would be maintained by their relations.
Whether or not the Central Authority can be held in these years to have deliberately adopted the new policy of the offer of the workhouse for the aged and infirm and for the sick, as well as for the able-bodied, it was this policy which, from 1871 onwards, was increasingly pressed on boards of guardians by the abler and more energetic of the inspectors. We cannot find any official document in which any inspector explicitly committed himself to the statement that the time had come when outdoor relief should, as a matter of principle, be refused to the aged and infirm, or to the sick, as had long been the official advice with regard to the able-bodied.[491]But it was in these years that these inspectors took to circulating among their boards of guardians the comparativetables showing their relative position in order of merit according to the smallness of their out-relief—always without making any distinction between the out-relief to the aged and the sick on the one hand, and that to the able-bodied on the other. In their published reports on their districts we see the inspectors taking the same tone and using the same unguarded phrases implying the inherent badness of outdoor relief (without any limitation to the able-bodied), that marked the Circular of 1871. The minutes of the boards of guardians of this period occasionally preserve a record of, or contain a reference to the inspector's letters or personal advice to the same effect.[492]
It was a feature of this period that the inspectors were in close personal contact with the president. Mr. Stansfeld inaugurated a system of occasional dinners at which he met all the inspectors and discussed with them their difficulties. They had also periodical conferences in London for a week at a time, at which they formulated a common policy. In these years began, too, the Poor Law conferences, where the inspectors (and occasionally also the president) came in contact with the new school of unofficial Poor Law experts, who were in favour of the "logical development" of the "principles of 1834." It was, in fact, "now argued" that, just as under the Act of 1834, the "offer of the workhouse" had "obliged the able-bodied to assume responsibility for the able-bodied period of life ... an application of the same principle to the other responsibilities of life would produce equally advantageous results."[493]The presidents of the first decade of the Local Government Board seem, indeed, sometimes to have accepted the view that all relief ought, strictly speaking, to be given in the workhouse. Mr. Longley's Report on outdoor relief in the Metropolis was sent officially to the boards of guardians and commended as laying down "sound lines of policy."[494]Mr. Dodson, in 1881, declared as president that "the whole object and system of the Poor Law as established in this country is that it should be strictly administered, with the aim simply to testing andrelieving absolute destitution; and no effectual means have yet been devised of so testing the destitution except by offering the house. And just in proportion as the Poor Law is strictly administered, and in proportion as entrance into the house is insisted upon as a condition of relief, so, on the whole, is the Poor Law better administered—better administered, I do not hesitate to say, not only in the interest of the poor themselves, but in the interest of the ratepayers at large. Now, you must remember, in the case of outdoor relief it is impossible absolutely to test the cases. They cannot be closely watched, and you cannot tell when a man is receiving outdoor relief that he is not having aid from other sources, or that he is not to some extent earning something for himself, and might possibly, if left to his own resources, earn more. Well, then, it is a system which in that way acts as a check upon personal exertions and upon providence, and I need not say that anything which acts as a check upon exertion and providence cannot but result in an increase of pauperism and the demoralisation of the labouring classes, and must end in an increased charge to the ratepayers."[495]
A notable step towards stricter administration in these years was the adoption in 1875 by the Manchester Board of Guardians of by-laws for its own guidance, putting additional restrictions on the grant of outdoor relief.[496]These by-laws were made much of by the inspectors, and carried from board to board. Their object was to discourage as much as possible the grant of outdoor relief as such. Yet it is noteworthy that they apply primarily to the able-bodied (male and female), and that they do not mention at all the case of the aged, and that they allude to the sick only by way of restricting the duration of each order of outdoor relief to two weeks. But here again we detect the hint that the "offer of the house" might be used, in the case of the aged, as a means of extracting contributions from relatives whether or not such contributions were legally due.
In 1877 we see a great effort made to get the new departure embodied in a general order. The Central Poor Law Conference, professing to sum upall the experience and knowledge both of the inspectors and of the new school of unofficial Poor Law experts, asked the Central Authority to issue new orders restricting outdoor relief generally. Even here it is noteworthy that no explicit suggestion was made that the aged and the sick ought not to be granted outdoor relief. What was asked for was practically the "Manchester Rules," with the addition of the suggestion that all relief should be given on loan. Here, however, the Central Authority made a stand. It refused to make any new order, specifically declining to extend the Prohibitory Order to the whole country, to make all relief recoverable as if granted on loan, to enable all medical relief to be made on loan, to impose a fixed limit for the grant of outdoor relief in cases of sickness, or to prohibit outdoor relief to widows in the first six months of their widowhood.[497]
Thus, the policy of 1871-85 resulted, not in any alteration of the classic orders of 1844, 1847, and 1852, or in any explicit reversal of the policy hitherto pursued with regard to the aged and the sick, but only in a general "tightening up" of the administration of relief by boards of guardians all over the country. We shall see this general "tightening up" more in detail in the examination of the treatment of various classes. That examination will also reveal the effect of the reaction against this tightening up, which set in about 1885—a reaction which showed itself in the relaxation, usually at the instance or with the encouragement of Parliament and successive presidents, of the conditions of relief to specific classes.
A.—The Able-bodied
National Uniformity
In the absence of new Statutes, and of alterations in the General Orders relating to the relief by boards of guardians of the able-bodied, there was, of course, between 1871 and 1907, no step towards national uniformity. The country continued to be divided up geographically into three regions,according to whether or not the Central Authority had permitted the grant of outdoor relief to able-bodied men, subject to a labour test; and to whether or not it had permitted outdoor relief to able-bodied women without children. And unlike the period 1847-1871, that of 1871-1907 did not witness any important alteration in the geographical extension of these three regions, though the relative populations altered very considerably. The general policy of the Central Authority, in issuing the Outdoor Relief Prohibitory Order to rural districts, with or without the Labour Test Order when required, and in issuing to the large towns the Outdoor Relief Regulation Order, was continued throughout the whole period.[498]
(ii.)The Workhouse Test
What happened for the first five-and-twenty years of the Local Government Board was, as we have indicated, a general tightening up in the administration of all three regions. The Central Authority intimated that it would not easily give the approval that was necessary for any departure from the orders. "In unions where the Prohibitory Order is in force," said the circular to the inspectors of 2nd December 1871, "the workhouse test should be strictly applied.... The Board will not be prepared to sanction any cases which are not reported within the time limited by the order, and in which the reports do not contain a detailed statement of the paupers to which they refer, showing the number of their respective families with the ages and number of children employed, amount of wages of the several members of the family at work, cause of destitution, period during which they have been without employment, amount of relief, if any, given previously to the transmission of the report, and what extent of accommodation for all classes exists in the workhouse at the time."[499]
As times became bad, the Central Authority received "applications ... for a relaxation of the provisions of the General Out-relief Prohibitory Order, and for the substitution of an outdoor labour test for the more effective test of destitution afforded by the offer of relief in the workhouse." Instead of yielding to these requests, as had formerly happened, the Central Authority now replied, "that the Supplemental Outdoor Labour Test Order is not intended to supersede, but to be subsidiary to the General Out-relief Prohibitory Order, and should not be brought into operation so long as there is sufficient room in the workhouse available for able-bodied paupers."[500]"A strict adherence to the workhouse test," said the Central Authority, "on such occasions when temporary relief is demanded solely from the state of the weather, is essentially beneficial to the labouring classes, and conducive to their real interest. A certainty of obtaining outdoor relief in his own home, whenever he may demand it, extinguishes in the mind of the labourer all motive for husbanding his earnings, and induces him to rely exclusively upon the rates, instead of upon his own savings, for any momentary relief which he may require from the sudden cessation of his usual employment. The unfailing application of the workhouse test, on the other hand, makes him at once aware that the only form in which he can receive relief is as an ordinary inmate of the workhouse, and thestrongest inducement to support himself and his family is thus held out to him, an inducement altogether wanting when the guardians, upon his application, readily grant him outdoor relief."[501]
But, as already mentioned, the Central Authority, though pressed to do so, did not consent to make the Out-relief Prohibitory Order co-extensive with the country. "The Order," it replied, "is now in force in all the rural unions ... and in many urban unions also, and the Board continue to apply its provisions from time to time to other unions as often as the circumstances enable them to do so, but it has never been attempted to apply the provisions of the Order to the Metropolis, or those centres of manufacturing industry where large numbers of persons are periodically thrown out of employment by sudden and extensive depressions of trade."[502]In such places, as it was explained, it would certainly be found necessary to abrogate the Order at those periods, and this would weaken its force generally.
(iii.)The Labour Test
Where the relief of able-bodied men outside the workhouse was not prohibited, we see the Central Authority in these years not only rigidly maintaining the rule as to a labour test (whether under the Out-relief Regulation Order or under a Labour Test Order supplementary to the Out-relief Prohibitory Order); but also seeking to make the administration more strict. This rule, it was explained in 1879, "is one the value of which has been experienced at various times, and in various parts of the country, as a test of the actual destitution of the applicant; and to the observance of which, in times of serious pressure, such as the present, the Board attach very great importance. The Board are not prepared to suspend the operation of the articles in question generally; but if while applying its provisions, the guardians should be of opinion that, in certain special cases which might arise, it would be proper that the strict applicationof these provisions should not be enforced, the Board, on receiving a particular report of the circumstances under Article 10 of the Order, would be prepared to give their favourable consideration to the cases."[503]Even in such a severe crisis of unemployment as that of 1879-81, when the number of men thrown out of work was probably greater than at any date from 1841 down to the present day, the Central Authority held to its view of what the labour test should be. "For this object," it was explained, "the operations of breaking stone and picking oakum (when performed under proper superintendence) are in many respects very appropriate, and, having regard to the objection to employing paupers on work of a productive character, which may interfere with the ordinary callings or employment of any portion of the independent population of the district, the Board are unable to suggest any other kind of work than those named."[504]Nor was even breaking stone or picking oakum to be paid for as wages, or regarded as employment. "With regard to the proposal of the [Warrington] guardians to pay 2s. 6d. for each ton of stones broken," the Central Authority stated "that the task is intended merely for a test of destitution, and that the relief granted to each pauper should not be proportioned to the quantity of stone broken by him, but to the necessities of his case."[505]The inspectors were instructed to press the guardians everywhere not to grant even admission to "the stoneyard" as a matter of course; "orders to able-bodied men for relief in the labour yard should only be given from week to week"; and the homes of the men so relieved should be visited by the relieving officer at least once a fortnight.[506]Moreover, even this relief was intended to be only temporary; and the conditions were sometimes made more onerous after the first few weeks. "In the Poplar Union, at the expiration of the first month, the applicant is required to come to the stoneyard an hour earlier and to leave an hour later than before, and to break anadditional bushel of stones."[507]Gradually we see it being assumed, even as regards unions under the Out-relief Regulation Order, that it is merely "when the workhouse accommodation is insufficient,"[508]or "so long as they have not adequate workhouse accommodation,"[509]that relief should be given with a labour test. Right down to February 1886, the Central Authority declared that it "would not feel justified in relaxing" the regulations which prohibited relief to able-bodied men, however temporary and undeserved might be their want of employment, "without any such test of destitution as is provided by admission to a properly managed workhouse, or the performance of an adequate task of work." To cope with the distress caused by unemployment, the Holborn Guardians on 9th February 1886 were, in fact, expressly told to hire a stoneyard.[510]
(iv.)The Modified Workhouse Test Order
In one union there was an attempt, to which the Central Authority in 1887 gave its approval by Special Order, to substitute for the labour test provisions of the Out-relief Regulation Order, a special application of the "Workhouse Test."[511]This Order, limited in duration to twelve months, permitted outdoor relief to be given to the wife and family of an able-bodied man, without a labour test, on condition that the man himself entered the workhouse. This device was intended to get over the three principal obstacles to the universal adoption of the "Workhouse Test" for the able-bodied, viz. the lack of sufficient accommodation in workhouses; the objection to "breaking up the home"; and the undesirability of bringing the wives, and especiallythe children, under workhouse influences. This Order, which was not renewed on its expiry, and not issued to any other union for nearly twenty years, was, as we have said, asked for as a means of making the administration of relief more stringent than it was under the Out-relief Regulation Order. Combined with the establishment of a special "Test Workhouse," which we shall presently describe, it might come near to being a penal alternative. But it is, as we shall see afterwards, important rather as a precedent capable also of application in an entirely humanitarian way.
(v.)The Test Workhouse
It must be noted that, whilst the inspectorate was in these years doing its utmost to insist on "the offer of the house" to all able-bodied persons, it was also encouraging boards of guardians to make the workhouse for such persons an exclusively disciplinary institution. This had, as we have mentioned, been suggested by Mr. Corbett in 1868. The pressure on the accommodation of the Metropolitan workhouses, and the mixing together of so many different classes of inmates, made it impossible, Mr. Corbett had pointed out, "to apply the workhouse as a test of destitution to single able-bodied men."[512]"In urging upon boards of guardians in the Metropolis," repeated his successor, Mr. Longley, "as I have lately had occasion to do almost daily, the application of the workhouse test, I have not infrequently been met by the startling admission that the workhouse is attractive to paupers; that there are many persons in the workhouse who could maintain themselves out of doors; and, in short, that the workhouse furnishes no test of destitution. All arguments in support of the workhouse test which assume the existence of a 'well-regulated workhouse' (to use the language of the Poor Law Commissioners of Inquiry, 1833) must fail at once when addressed to guardians whose workhouse offers attractions to the indolent. And I have reason to think that the aversion to the proper and free use of the workhouse which distinguishes many Metropolitanboards of guardians, is in some measure due to the failure of the workhouses, as at present administered, to satisfy the essential conditions of their establishment."[513]
Mr. Longley was told to prepare an elaborate report on indoor relief in the Metropolis, and in this he expressed his emphatic opinion that "the deterrent discipline ... fails at present to be duly enforced in London workhouses almost without exception.... The general tone of their administration is that of thealmshouserather than of theworkhousesystem."[514]He traced this inconvenient laxity to the very nature of the general workhouse for all classes, which the Central Authority had substituted for the series of specialised institutions recommended in the Report of 1834. "The presence in a workhouse," he said, "of the sick, or of any class in whose favour the ordinary discipline must be relaxed, and who receive special indulgences, has an almost inevitable tendency to impair the general discipline of the establishment."[515]The very improvement in the workhouses, which, under the Central Authority's own pressure, was taking place in these years, had, in fact, brought to light the inherent drawback of the general workhouse. Hence the able-bodied, like the children and the sick, were now to be accommodated by themselves. Thus we find, from 1871 onwards, the idea of the "Test Workhouse," an institution set apart exclusively for the able-bodied, where they could be subjected (to use Mr. Longley's words) to "such a system of labour, discipline, and restraint as shall be sufficient to outweigh," in the estimation of the inmates, "the advantages" which they enjoy. Mr. Longley declared that the main object of the Metropolitan Poor Act of 1867 had been, not exclusively, or even principally, the better accommodation of the sick, but the introduction of classification by institutions, with the double object of, on the one hand, an improved treatment of the sick, and, on the other, "the establishment of a stricter and more deterrent discipline inworkhouses."[516]Circumstances, he said, had delayed the accomplishment of the latter purpose, but it was now time for the Central Authority to "urge upon guardians the establishment in workhouses of a more distinctly deterrent system of discipline and diet than has hitherto been secured," involving "a reconsideration of the conditions of pauper labour and service in workhouses."[517]
Under the influence of the inspectorate, we see half the unions in London gradually agreeing to take advantage of the powers given by the Metropolitan Poor Act of 1867, and to make use, for their able-bodied paupers, of the workhouse of the Poplar Union, which now sent its sick to the new "sick asylum," its children to the district school, and its aged and infirm to the workhouse of another union.[518]This establishment of a test workhouse for the able-bodied received at first the warm commendation of the Central Authority.[519]The Poplar workhouse, with its rigid discipline, its absolutely limited diet and its severe task of monotonous toil (oakum-picking and stone-pounding), measured not by time but by a prescribed quantity, became a terror. For the next seven years, we see the guardians offering, sometimes to"troublesome" paupers, sometimes to all able-bodied applicants, male or female—not outdoor relief upon a labour test—but "an order for Poplar." "Notwithstanding the considerable number of unions which have availed themselves of this privilege, the number ... who have accepted the relief, or having accepted it, have remained in the workhouse, has been so small that, although the workhouse will contain 768 persons, there were in it at the close of last year only 166 inmates."[520]In 1878, however, the Metropolitan police magistrates seem to have expressed disapproval of the penal character which the institution had assumed. A woman brought up for refusing to do her task of oakum-picking at Poplar was discharged, with the observation that such work was not a fit task to set to women in receipt of Poor Law relief. On these sentiments becoming known, as the Poplar Guardians informed the Central Authority, "the master of the workhouse has a very considerable amount of trouble in getting any work done now by the inmates." The Central Authority, in reply, sympathised with the difficulty, but could, after six weeks' deliberation, do nothing but express the hope that the Poplar Guardians would be able to convert the magistrates to their views.[521]
The difficulty seems to have continued, for, in 1881, the Central Authority issued an Order permitting the Poplar Guardians to use their workhouse for other than the able-bodied, thus bringing the experiment to an end.[522]
It is to be noted that, in spite of the Poplar experience, the policy of a special "Test House," devoted exclusively to the able-bodied, continued to be pressed on guardians by the Inspectorate. The Birmingham Guardians established such a "test house," in 1880, but it seems to have been opened to other classes in 1887.[523]In the latter year, notwithstanding this renewed abandonment, we see Mr. Henley pressing the same policy on the Manchester Guardians, leading them to visit Birmingham to inspect the test house there.[524]In the Metropolis, the inspectorate got the Kensington workhouse made use of in 1882, in substitution for that of Poplar, though only for males; and able-bodied applicants were, for thirteen years, referred thither. This arrangement came to an end in 1905, greatly to the regret of the inspectorate. This Kensington test house, it was said, "for many years did useful work as a place where really able-bodied men were received from all parts of London, and kept hard at work under strict surveillance. As the Kensington Guardians now need the workhouse for their own purposes this arrangement has of necessity ceased.... The number of really able-bodied men in the London workhouses at one time is never very large, but it is large enough to make it extremely desirable that there should be at least one workhouse exclusively for such a class, to which, and to which only, they might be admitted."[525]
As an adjunct of the policy of the deterrent workhouse for the able-bodied, we have to note the coming-in of compulsory detection. This, of course, had been entirely absent from "the principles of 1834," according to which every inmate of the workhouse was to be free to quit it, with no more notice than was required for the convenience of the establishment. "Much evil," said a Circular of 1871, "has arisen, and ... the discipline of the workhouse has been seriously impaired by the frequent exercise of the power which the inmates have hitherto possessed of discharging themselves from the workhouse at short and uncertain notice, claiming re-admission as might best suit their inclination and convenience." This was remedied by a statute in 1871 which gave the guardians a power to detain, with which we shall deal in our section on the workhouse.[526]