If we now compare the situation of one of the poorest of the Wurtemberg poor who support themselves independently by their labour without external aid (see§ 40.), with that of one of the more favoured of the Wurtemberg poor who lives by public charity, for instance, the inmate of an hospital, and even of a prison, it might certainly appear that the condition of the latter is preferable to that of the former.In fact, we often see such hospital inmates, and even prisoners, attain the most advanced age, while many a poor day-labourer and artisan sinks at a much earlier age under the weightof his cares and the want of necessaries. In fact, many an inmate of an hospital, and many a prisoner, even with bodily infirmities and sufferings, still seems to find his condition quite comfortable, and shows himself thankful for the good which he enjoys, while many a day-labourer or artisan, in the enjoyment of good bodily health, feels himself miserable, and curses his existence; in fact, many a one seeks admission into the hospital who would be very well able to provide himself with necessaries by his work at home. In fact, the man often separates from his wife, or the wife from her husband, or from the children, to be received into the hospital. In fact, many a one does not economize, but squanders what he has, and does not work in order to earn something, because he thinks that he always has the right of being received into the hospital as a last resource.In fact, in many places where there are rich hospitals and other foundations, the number of the poor is proportionably greater than in places where less is done for their support. In fact, many a one continues to beg and to steal, who has already been frequently imprisoned for these offences, because he finds his situation in the workhouse very tolerable in comparison with the laborious life of a poor man at liberty.However, the situation of the inmates of an hospital, even of those which are the most liberal to their inmates, is by no means so enviable as from the above comparison it might seem to be. Frequently their residence is embittered by their being obliged to live together with rude, quarrelsome, mad, silly, and disgusting persons. Many embitter their own lives by a discontentedness, which may either be natural to them, or communicated by others. Many dislike the kind or the quantity of the work allotted to them, the restrictions with respect to the time of going out and returning home which are prescribed by the regulations of the house. Prisoners, in particular, consider the loss of their freedom as an intolerable burden. Besides this, too, the treatment is by no means in general and ineverypoor-house so good as it is represented in the above comparison; hence it is not the case with all the poor received into a poor-house, that they have voluntarily sought admission there, or that they voluntarily and willingly remain in it; hence, too, the applications for admission to these houses are not everywhere equally pressing; hence the assertion that the existence of such houses increases the numbers of prodigals, idlers, and poor, cannot be taken as generally correct.At all events, the above comparison applies to the actual inmates of the hospital, rather than to those poor who are relieved only by money and commodities, or by finding them employment; for the relief which they receive in this manner is in most places dealt out with so scanty a measure, that their situation is little or not at all better than that of a healthy poor person, who maintains himself independently by the labour of his hands, without external assistance. The independent poor man always has the cheering consciousness of maintaining himself and his family by his own exertions, and of enjoying the respect of his fellow-citizens, which is always lost in a greater or less degree by the poor man who receives relief, to whom, in the eyes of the better classes, a kind of disgrace attaches, which must often fall on the idle, who is excluded from elections of the community, &c., restricted in marrying, &c.
If we now compare the situation of one of the poorest of the Wurtemberg poor who support themselves independently by their labour without external aid (see§ 40.), with that of one of the more favoured of the Wurtemberg poor who lives by public charity, for instance, the inmate of an hospital, and even of a prison, it might certainly appear that the condition of the latter is preferable to that of the former.
In fact, we often see such hospital inmates, and even prisoners, attain the most advanced age, while many a poor day-labourer and artisan sinks at a much earlier age under the weightof his cares and the want of necessaries. In fact, many an inmate of an hospital, and many a prisoner, even with bodily infirmities and sufferings, still seems to find his condition quite comfortable, and shows himself thankful for the good which he enjoys, while many a day-labourer or artisan, in the enjoyment of good bodily health, feels himself miserable, and curses his existence; in fact, many a one seeks admission into the hospital who would be very well able to provide himself with necessaries by his work at home. In fact, the man often separates from his wife, or the wife from her husband, or from the children, to be received into the hospital. In fact, many a one does not economize, but squanders what he has, and does not work in order to earn something, because he thinks that he always has the right of being received into the hospital as a last resource.In fact, in many places where there are rich hospitals and other foundations, the number of the poor is proportionably greater than in places where less is done for their support. In fact, many a one continues to beg and to steal, who has already been frequently imprisoned for these offences, because he finds his situation in the workhouse very tolerable in comparison with the laborious life of a poor man at liberty.
However, the situation of the inmates of an hospital, even of those which are the most liberal to their inmates, is by no means so enviable as from the above comparison it might seem to be. Frequently their residence is embittered by their being obliged to live together with rude, quarrelsome, mad, silly, and disgusting persons. Many embitter their own lives by a discontentedness, which may either be natural to them, or communicated by others. Many dislike the kind or the quantity of the work allotted to them, the restrictions with respect to the time of going out and returning home which are prescribed by the regulations of the house. Prisoners, in particular, consider the loss of their freedom as an intolerable burden. Besides this, too, the treatment is by no means in general and ineverypoor-house so good as it is represented in the above comparison; hence it is not the case with all the poor received into a poor-house, that they have voluntarily sought admission there, or that they voluntarily and willingly remain in it; hence, too, the applications for admission to these houses are not everywhere equally pressing; hence the assertion that the existence of such houses increases the numbers of prodigals, idlers, and poor, cannot be taken as generally correct.
At all events, the above comparison applies to the actual inmates of the hospital, rather than to those poor who are relieved only by money and commodities, or by finding them employment; for the relief which they receive in this manner is in most places dealt out with so scanty a measure, that their situation is little or not at all better than that of a healthy poor person, who maintains himself independently by the labour of his hands, without external assistance. The independent poor man always has the cheering consciousness of maintaining himself and his family by his own exertions, and of enjoying the respect of his fellow-citizens, which is always lost in a greater or less degree by the poor man who receives relief, to whom, in the eyes of the better classes, a kind of disgrace attaches, which must often fall on the idle, who is excluded from elections of the community, &c., restricted in marrying, &c.
And the authors go on to express a belief that pauperism is diminishing, and that the number of paupers, which in 1820 amounted to 64,896, does not now exceed 50,000, or about 1-30th of the whole population.
The preference which the government reporter appears to give to out-door relief is opposed to the preface to the rules of the Weinsburg House of Industry.
The former mode of providing for the wants of the poor by weekly relief in money or in bread, by giving them clothes, or providing them small apartments, or by paying their rent or their board, entrained many abuses, and therefore little effected its end; in fact, it wanted the superintendence essential to the management of a class of men for the most part of irregular and dissipated habits. Employment was not furnished to those who were yet in a state to work; and there were no means of repressing mendicity and vice.—(p. 500.)
The former mode of providing for the wants of the poor by weekly relief in money or in bread, by giving them clothes, or providing them small apartments, or by paying their rent or their board, entrained many abuses, and therefore little effected its end; in fact, it wanted the superintendence essential to the management of a class of men for the most part of irregular and dissipated habits. Employment was not furnished to those who were yet in a state to work; and there were no means of repressing mendicity and vice.—(p. 500.)
The object of this establishment is said to be,
Art. 1.—To provide a common habitation, and all other necessaries, for all those who, whether sick or in health, need assistance.Art. 2.—As far as it may be possible, to furnish them with employment, according to their capability of work.Art. 3.—Not only to provide work for those who ask for it, but to enforce it from those who, being without property, neither engage in trade nor in service, but endeavour to live at the expense of others.2.Conditions of Admission.The persons who need assistance are, with few exceptions, men of vicious, or careless, or improvident habits, who are now unable to earn their bread. The old practice was, to pay their rent, furnish them with fuel, or give them weekly allowances in money or bread; but there was no certainty that these gifts were well employed. For this reason, only persons worthy of assistance are received, clothed, and fed in this institution: for, in our country, well-disposed people, even with little talent, can always earn their own maintenance.The aged or impotent poor may be admitted at their own request.Art. 7.—The Directors of the establishment, as well as the President of the Committee of Founders, can order the admission of poor people if they are fully persuaded of its necessity. The person so admitted must promise, in writing, to obey the laws of the establishment. This admission requires to be confirmed at the next sitting of the Committee of Founders. The same rules apply to the admission of the indigent sick.Art. 8.—But in no case is this charitable institution to become the periodical abode of persons not accustomed to a fixed trade, or of those who will not remain with their masters, or who would like to pass there the winter when the demand for labour is slack, or who have wasted their summer wages by spending the earnings of one day’s toil in two days of idleness and debauchery.Art. 9.—Whoever then is once admitted, enters the establishment with all that he possesses, and engages himself to work and remain there for ever.Art. 10.—In all cases, those who enter voluntarily, as well as those who are forced to enter, are, from the moment of admission, considered as paupers, and whatever they possess becomes the property of the foundation.Art. 11.—In case of extraordinarily good conduct on the part of a pauper, when there is reasonable hope that he can supporthimself, or if he wishes to enter the service of a respectable family, the Council of Foundation may permit him to leave the Institution. In this case his property is restored to him, after deducting, from a person capable of work, 58f., and from one incapable of work 88f. The expense of their residence is deducted from the property of the sick.All persons of the age of fourteen, who cannot prove that they are in the service of a respectable family, may be forced to work in the Institution.Art. 12.—All persons of either sex, who are not in a state to maintain themselves, either from their property or by industry, and who become chargeable to others may be admitted; but, before the police can require their admission, it must be shown that they have been punished three times, either for mendicity or theft—(p. 501.)
Art. 1.—To provide a common habitation, and all other necessaries, for all those who, whether sick or in health, need assistance.
Art. 2.—As far as it may be possible, to furnish them with employment, according to their capability of work.
Art. 3.—Not only to provide work for those who ask for it, but to enforce it from those who, being without property, neither engage in trade nor in service, but endeavour to live at the expense of others.
2.Conditions of Admission.
The persons who need assistance are, with few exceptions, men of vicious, or careless, or improvident habits, who are now unable to earn their bread. The old practice was, to pay their rent, furnish them with fuel, or give them weekly allowances in money or bread; but there was no certainty that these gifts were well employed. For this reason, only persons worthy of assistance are received, clothed, and fed in this institution: for, in our country, well-disposed people, even with little talent, can always earn their own maintenance.
The aged or impotent poor may be admitted at their own request.
Art. 7.—The Directors of the establishment, as well as the President of the Committee of Founders, can order the admission of poor people if they are fully persuaded of its necessity. The person so admitted must promise, in writing, to obey the laws of the establishment. This admission requires to be confirmed at the next sitting of the Committee of Founders. The same rules apply to the admission of the indigent sick.
Art. 8.—But in no case is this charitable institution to become the periodical abode of persons not accustomed to a fixed trade, or of those who will not remain with their masters, or who would like to pass there the winter when the demand for labour is slack, or who have wasted their summer wages by spending the earnings of one day’s toil in two days of idleness and debauchery.
Art. 9.—Whoever then is once admitted, enters the establishment with all that he possesses, and engages himself to work and remain there for ever.
Art. 10.—In all cases, those who enter voluntarily, as well as those who are forced to enter, are, from the moment of admission, considered as paupers, and whatever they possess becomes the property of the foundation.
Art. 11.—In case of extraordinarily good conduct on the part of a pauper, when there is reasonable hope that he can supporthimself, or if he wishes to enter the service of a respectable family, the Council of Foundation may permit him to leave the Institution. In this case his property is restored to him, after deducting, from a person capable of work, 58f., and from one incapable of work 88f. The expense of their residence is deducted from the property of the sick.
All persons of the age of fourteen, who cannot prove that they are in the service of a respectable family, may be forced to work in the Institution.
Art. 12.—All persons of either sex, who are not in a state to maintain themselves, either from their property or by industry, and who become chargeable to others may be admitted; but, before the police can require their admission, it must be shown that they have been punished three times, either for mendicity or theft—(p. 501.)
Regulations of this severity prove that the able-bodied paupers at least are a small and degraded class, exciting little sympathy, for whom enough is supposed to be done if they are prevented from starving. As far indeed as can be collected from the Weinsberg regulations, the undeserving may be utterly refused relief, since it does not appear that relief is to be given out of the house, and the applications for admission by undeserving objects are to be rejected.
The actual working of the system may be best inferred from the detailed accounts supplied by Sir Edward Disbrowe of 18 parishes.
Of these four, that is Obertürkheim, Osweil, Necker Weihingen, and Egolsheim, provide for their poor by rates levied on all the inhabitants. During each of four years, from 1829 to 1832 inclusive, the persons receiving relief in Obertürkheim were three out of a population of 842, at an annual expense of 5l.0s.3d., or about 1½d.per head on the whole population. In Osweil the average number waseight, out of a population of 1608; average annual expense 25l., or about 3½d.a head. In Necker Weihingen, of which the population is 1070, the persons relieved were, in 1829, one man; in 1830, one man and one woman; in 1831, one man and one woman; and the annual expense in 1829 was 5l.; and in each of the years 1830 and 1831, 4l.3s.4d., or about 1d.a head. The number relieved in Egolsheim, of which the population is 618, is not mentioned; but it must have been very trifling, since the average annual expense is stated at 2l.1s.8d., which is less than 1d.per head.
In those places in which the relief of the poor is wholly or principally supplied from endowments, the annual expenditure is, as might have been expected, much larger. But even in these it seldom amounts to 1s.per head on the whole population, being about one-twelfth of the average expenditure in England. And in the whole bailiwick of Ludwigsberg, containing 29,068 inhabitants, in the year 1831 only 372 persons received regular, and 371 persons irregular (and indeed merely medical) relief. The kingdom of Wurtemberg, therefore, appears to have been, as yet, eminently successful in reconciling a recognition of the right to relief with economy in its distribution.
[6]See above for the statement of the different grounds on which a man may claim the right to obtain a settlement in a parish.[7]The word “suppe,” here and elsewhere translated by the wordsoup, has, however, a far more general signification; the proper definition of it being “boiled fluid food, eaten alone, warm, with a spoon.” Thus the Germans have water-soup, beer-soup, milk-soup, bread-soup, flour-soup, wine-soup, &c.
[6]See above for the statement of the different grounds on which a man may claim the right to obtain a settlement in a parish.
[6]See above for the statement of the different grounds on which a man may claim the right to obtain a settlement in a parish.
[7]The word “suppe,” here and elsewhere translated by the wordsoup, has, however, a far more general signification; the proper definition of it being “boiled fluid food, eaten alone, warm, with a spoon.” Thus the Germans have water-soup, beer-soup, milk-soup, bread-soup, flour-soup, wine-soup, &c.
[7]The word “suppe,” here and elsewhere translated by the wordsoup, has, however, a far more general signification; the proper definition of it being “boiled fluid food, eaten alone, warm, with a spoon.” Thus the Germans have water-soup, beer-soup, milk-soup, bread-soup, flour-soup, wine-soup, &c.
With respect to the Bavarian institutions we have little information excepting the text of the law. The following extracts will show its general law tendency: (pp. 556, 557, 558, 559, 560, 562, 563.)
Poor Law authorities.Each town, market, and village, is to have an institution for the poor; but if several villages wish to unite in forming one of theseinstitutions, it is not only to be permitted, but every facility is to be afforded it.Each provincial district (landgericht) must have an institution of its own.All the inhabitants of such district are obliged, according to their means, to contribute to that purpose; each person is, besides, bound to continue to support those poor relations whom the laws direct him to maintain.The claims for relief are to be fixed according to the laws of their district (heimath gesetz.) Sometimes, in cases of great necessity, relief is allowed to strangers who do not belong to the parish.The overseers consist (unless it is otherwise determined) of the directors, of the police, commissaries, and magistrates.In cases where medical aid is necessary, they are to be attended by physicians, who are appointed by the state.In towns and larger market towns, besides the above-named overseers, a council is to be formed, consisting of the clergyman and the mayor and persons deputed by the magistrates and all classes of the people, in proportion to the number of inhabitants of each place.In smaller market-towns the clergyman and deputies from the peasants form this council.When several villages join together to form one of these institutions, a general committee is to be formed.The members of the council for the institutions for the poor are to be elected in the same way as the magistrates and mayors (burgermeister).When several parishes are joined together, a deputy is to be chosen from each, and again, several are elected from among these, who are to take immediate charge of the affairs. Each deputy is chosen for three years, and is obliged to perform his duties without remuneration; no inhabitant is allowed to refuse to perform his functions the first time he is elected; extraordinary merits in the service of the poor are to be publicly distinguished.Mode of relief.The public charge is brought into action in the following manner:1st. By institutions for working.2d. By institutions for taking care of people who are unable to work.3d. By institutions for alms.1. Finding work.1. Materials and tools are to be distributed to those paupers who, notwithstanding all inquiries and interference, cannot obtain the necessary work, to be used at their houses until the required situation can be obtained. If in larger towns the number of these is very great, houses are to be opened and maintained at the expense of the institution for the poor, in which the paupers who are unoccupied are to work.The choice among the different sorts of work in these houses is settled according to the local circumstances, and chiefly according to the facility with which either orders from private persons can be received, or with which the material is obtained and worked; then accordingly as the material can be used for the wants of the poor or can be usefully employed for any other purpose.The houses for the employment of the poor are always to retain their original destination, namely, an employment, for the present, of poor men who would otherwise be without work, and therefore do not admit any such persons whose names are not down on the above-named register. Therefore those persons are no longer allowed to work in this house after they have had an offer of work from any other quarter.2. In-door relief.2. Houses of nourishment are to be erected for those poor who, besides having no fortune or means of obtaining their livelihood, are in an extraordinary degree helpless, namely, children, sick people, old persons, and cripples.3. Money relief.3. Poor people who do not require extraordinary care, and who are not fit to be admitted into the particular houses of nourishment, or cannot yet be received into them, but are unable to gain their livelihood, are to be assisted by alms, which, however, are not to be given without the most complete proof of want.The alms are to be given in the form of gifts of money. These gifts are sometimes to be increased, according to the price of provisions; and from time to time a maximum is to be fixed, which is on no account to be exceeded.Relief by quartering on householders.These gifts of money may, either in part or entirely, be substituted by provisions, if this sort of aid is more easily afforded with regard to lodging, nourishment, and clothing.Their lodging is to be changed every day among the different members of the parish, but the poor who are lodged are obliged to repay this lodging by work. Where there are opportunities,rooms are to be warmed, to which the poor may bring their work.The nourishment of the poor can be facilitated and insured by the equal division of them amongst the public, to be maintained in turn, being obliged to partake of the work of their host, or by voluntarily offered days for food, or lastly, by distribution of bread and other nourishment. Where circumstances permit, kitchens are to be erected on purpose for preparing nourishing soups, partly gratis, partly very cheap.Liabilities of pauper.No pauper who partakes of the benefactions of the poor institutions may go away from his dwelling without the knowledge and leave of the head of the village, to stay for some time, or permanently in another village, even if it is in the same district.The same leave from the police direction is necessary when a pauper wishes, for some good reason, to go out of his police district; the leave is only to be given in both cases on well-grounded reasons, and on proofs that the poor will not be burdensome to other villages and districts; also he must give in a declaration to the same, in which, besides his name and village, and the duration of his absence, the villages to which he intends to go must be expressed.Paupers who have been warned in vain concerning bad conduct and idleness shall be proceeded against without favour, by the power of magistrates, and be punished accordingly.The poor institutions can claim repayment from those hypocrites who, although they possess private means, embezzle and grasp at the gifts and assistance which are only intended for true poverty, which shall be fully repaid. The poor institutions can make the same claim from those persons who have renounced their duty of supporting those relations whom they are obliged to support, either by law or by contract.No marriage between people without capital shall be allowed without the previous permission of the poor institutions. Directors who do not follow these orders, nor pay attention to the Act of the 12th of July, 1808 (Government Paper, page 1506), concerning marriages in the country, have to answer for the maintenance of the new families, should they not be able to maintain themselves. In the same manner, the priests and other churchmen shall be responsible for the support of such persons as they have married without leave from the authorities, besides other fines which are imposed on this breach of the rules of themarriage ceremony.Sources of poor fund.Besides the extraordinary sources, which consist partly in the restitution which hypocrites and relations who avoid their duty are obliged to make, and partly out of fines which are given to the poor fund, or may be hereafter given, are sources for charity from donations from the district fund, and from loans or from taxes.The yearly produce of all charities belongs to the poor institutions, and is used for their purposes. With the establishments for the poor are united the already existing or still accumulating capitals of one or other of the poor institutions; the gain on mortgages or on those possessions whose owners cannot be discovered; the legacies for the poor, when by the will of the deceased they are to be laid out in a regular yearly income, and the fourth part of such legacies as are destined in general for pious purposes.The voluntary donations consist of casual gifts in money and food which have been given by philanthropic persons of their own accord, for the use of the poor institutions, and in this manner are to be employed for their daily use. Besides these, are the legacies which are meant for immediate division among the poor, and those subscriptions which are collected either by single persons or by companies and corporations.General and extraordinary collections, in the name of the institutions for the poor, are to be made monthly from house to house, when the members of the parish have bound themselves to a certain subscription; also in the churches on the great holidays, and in the public-houses by means of private poor-boxes; and lastly, on all important and joyful occasions of the state, or companies.According to the circumstances of the place, certain accidental funds can be appropriated to the uses of the poor institutions, which particularly on great joyful occasions, namely, great marriages in the taverns, the permission to have music, particularly past the stated times, processions of the apprentices, shooting matches, &c. &c., at shows, balls, masquerades, and so on.When all the aforesaid sources do not suffice to cover the wants of the poor institutions, it will be supplied out of the funds of the district, or through loans, and then only when all these means cannot be put in practice, or do not suffice to cover theirwants, compulsory contributions or poor-taxes are to be resorted to. The manner and amount of these are to be according to the calls of the villages and districts, and are only to be levied for a certain time. It is to be observed, however, that these taxes are to be imposed with the greatest equality, and without any exception among all classes.Central control.The poor institutions and committees in such towns as have no police directors or commissaries, also in the market towns and parishes, are directly under the control of the district tribunal, and under their guidance and inspection.The inspection of the poor institutions of the whole kingdom is given to the ministry for the interior, which is to receive regularly the report of the state of this branch of administration from the annual accounts and other proper sources, and which is to issue the necessary general orders and regulations, and is to judge of the proposals for the establishment, the arrangement and fitting up of workhouses, and others in which the poor are taken care of, for single districts, whole circles, or for the entire kingdom, which decides with the ministry of finance all proposals for allowing certain taxes and poor subscriptions, decides the complaints brought against the general circle and local commissaries, if such do not belong to the private council, and causes the election of certain poor directors where it may be found advisable.
Poor Law authorities.
Each town, market, and village, is to have an institution for the poor; but if several villages wish to unite in forming one of theseinstitutions, it is not only to be permitted, but every facility is to be afforded it.
Each provincial district (landgericht) must have an institution of its own.
All the inhabitants of such district are obliged, according to their means, to contribute to that purpose; each person is, besides, bound to continue to support those poor relations whom the laws direct him to maintain.
The claims for relief are to be fixed according to the laws of their district (heimath gesetz.) Sometimes, in cases of great necessity, relief is allowed to strangers who do not belong to the parish.
The overseers consist (unless it is otherwise determined) of the directors, of the police, commissaries, and magistrates.
In cases where medical aid is necessary, they are to be attended by physicians, who are appointed by the state.
In towns and larger market towns, besides the above-named overseers, a council is to be formed, consisting of the clergyman and the mayor and persons deputed by the magistrates and all classes of the people, in proportion to the number of inhabitants of each place.
In smaller market-towns the clergyman and deputies from the peasants form this council.
When several villages join together to form one of these institutions, a general committee is to be formed.
The members of the council for the institutions for the poor are to be elected in the same way as the magistrates and mayors (burgermeister).
When several parishes are joined together, a deputy is to be chosen from each, and again, several are elected from among these, who are to take immediate charge of the affairs. Each deputy is chosen for three years, and is obliged to perform his duties without remuneration; no inhabitant is allowed to refuse to perform his functions the first time he is elected; extraordinary merits in the service of the poor are to be publicly distinguished.
Mode of relief.
The public charge is brought into action in the following manner:
1st. By institutions for working.
2d. By institutions for taking care of people who are unable to work.
3d. By institutions for alms.
1. Finding work.
1. Materials and tools are to be distributed to those paupers who, notwithstanding all inquiries and interference, cannot obtain the necessary work, to be used at their houses until the required situation can be obtained. If in larger towns the number of these is very great, houses are to be opened and maintained at the expense of the institution for the poor, in which the paupers who are unoccupied are to work.
The choice among the different sorts of work in these houses is settled according to the local circumstances, and chiefly according to the facility with which either orders from private persons can be received, or with which the material is obtained and worked; then accordingly as the material can be used for the wants of the poor or can be usefully employed for any other purpose.
The houses for the employment of the poor are always to retain their original destination, namely, an employment, for the present, of poor men who would otherwise be without work, and therefore do not admit any such persons whose names are not down on the above-named register. Therefore those persons are no longer allowed to work in this house after they have had an offer of work from any other quarter.
2. In-door relief.
2. Houses of nourishment are to be erected for those poor who, besides having no fortune or means of obtaining their livelihood, are in an extraordinary degree helpless, namely, children, sick people, old persons, and cripples.
3. Money relief.
3. Poor people who do not require extraordinary care, and who are not fit to be admitted into the particular houses of nourishment, or cannot yet be received into them, but are unable to gain their livelihood, are to be assisted by alms, which, however, are not to be given without the most complete proof of want.
The alms are to be given in the form of gifts of money. These gifts are sometimes to be increased, according to the price of provisions; and from time to time a maximum is to be fixed, which is on no account to be exceeded.
Relief by quartering on householders.
These gifts of money may, either in part or entirely, be substituted by provisions, if this sort of aid is more easily afforded with regard to lodging, nourishment, and clothing.
Their lodging is to be changed every day among the different members of the parish, but the poor who are lodged are obliged to repay this lodging by work. Where there are opportunities,rooms are to be warmed, to which the poor may bring their work.
The nourishment of the poor can be facilitated and insured by the equal division of them amongst the public, to be maintained in turn, being obliged to partake of the work of their host, or by voluntarily offered days for food, or lastly, by distribution of bread and other nourishment. Where circumstances permit, kitchens are to be erected on purpose for preparing nourishing soups, partly gratis, partly very cheap.
Liabilities of pauper.
No pauper who partakes of the benefactions of the poor institutions may go away from his dwelling without the knowledge and leave of the head of the village, to stay for some time, or permanently in another village, even if it is in the same district.
The same leave from the police direction is necessary when a pauper wishes, for some good reason, to go out of his police district; the leave is only to be given in both cases on well-grounded reasons, and on proofs that the poor will not be burdensome to other villages and districts; also he must give in a declaration to the same, in which, besides his name and village, and the duration of his absence, the villages to which he intends to go must be expressed.
Paupers who have been warned in vain concerning bad conduct and idleness shall be proceeded against without favour, by the power of magistrates, and be punished accordingly.
The poor institutions can claim repayment from those hypocrites who, although they possess private means, embezzle and grasp at the gifts and assistance which are only intended for true poverty, which shall be fully repaid. The poor institutions can make the same claim from those persons who have renounced their duty of supporting those relations whom they are obliged to support, either by law or by contract.
No marriage between people without capital shall be allowed without the previous permission of the poor institutions. Directors who do not follow these orders, nor pay attention to the Act of the 12th of July, 1808 (Government Paper, page 1506), concerning marriages in the country, have to answer for the maintenance of the new families, should they not be able to maintain themselves. In the same manner, the priests and other churchmen shall be responsible for the support of such persons as they have married without leave from the authorities, besides other fines which are imposed on this breach of the rules of themarriage ceremony.
Sources of poor fund.
Besides the extraordinary sources, which consist partly in the restitution which hypocrites and relations who avoid their duty are obliged to make, and partly out of fines which are given to the poor fund, or may be hereafter given, are sources for charity from donations from the district fund, and from loans or from taxes.
The yearly produce of all charities belongs to the poor institutions, and is used for their purposes. With the establishments for the poor are united the already existing or still accumulating capitals of one or other of the poor institutions; the gain on mortgages or on those possessions whose owners cannot be discovered; the legacies for the poor, when by the will of the deceased they are to be laid out in a regular yearly income, and the fourth part of such legacies as are destined in general for pious purposes.
The voluntary donations consist of casual gifts in money and food which have been given by philanthropic persons of their own accord, for the use of the poor institutions, and in this manner are to be employed for their daily use. Besides these, are the legacies which are meant for immediate division among the poor, and those subscriptions which are collected either by single persons or by companies and corporations.
General and extraordinary collections, in the name of the institutions for the poor, are to be made monthly from house to house, when the members of the parish have bound themselves to a certain subscription; also in the churches on the great holidays, and in the public-houses by means of private poor-boxes; and lastly, on all important and joyful occasions of the state, or companies.
According to the circumstances of the place, certain accidental funds can be appropriated to the uses of the poor institutions, which particularly on great joyful occasions, namely, great marriages in the taverns, the permission to have music, particularly past the stated times, processions of the apprentices, shooting matches, &c. &c., at shows, balls, masquerades, and so on.
When all the aforesaid sources do not suffice to cover the wants of the poor institutions, it will be supplied out of the funds of the district, or through loans, and then only when all these means cannot be put in practice, or do not suffice to cover theirwants, compulsory contributions or poor-taxes are to be resorted to. The manner and amount of these are to be according to the calls of the villages and districts, and are only to be levied for a certain time. It is to be observed, however, that these taxes are to be imposed with the greatest equality, and without any exception among all classes.
Central control.
The poor institutions and committees in such towns as have no police directors or commissaries, also in the market towns and parishes, are directly under the control of the district tribunal, and under their guidance and inspection.
The inspection of the poor institutions of the whole kingdom is given to the ministry for the interior, which is to receive regularly the report of the state of this branch of administration from the annual accounts and other proper sources, and which is to issue the necessary general orders and regulations, and is to judge of the proposals for the establishment, the arrangement and fitting up of workhouses, and others in which the poor are taken care of, for single districts, whole circles, or for the entire kingdom, which decides with the ministry of finance all proposals for allowing certain taxes and poor subscriptions, decides the complaints brought against the general circle and local commissaries, if such do not belong to the private council, and causes the election of certain poor directors where it may be found advisable.
It will be observed, that these institutions bear a considerable resemblance to those of Wurtemberg. Their effects are thus summed up by Lord Erskine:
Upon carefully examining and considering these poor laws of Bavaria. I have come to the conclusion in my own mind that they are useful, and well adapted to the purposes for which they were intended, because by the establishment of the poor institutions (as they are called), by districts over the whole kingdom of Bavaria, with sufficient power by law to carry their provisions into execution, the great and important object is attained of giving relief and support to the aged, helpless, and sick, and finding work in workhouses or at their own homes, at a moderate payment, for those who cannot otherwise obtain it; for which purpose a register is to be kept by the guardians of the poor of all those persons who are in want of work, and who are therefore either a burthen upon the parish, or are likely to become so, as also a listof those who wish to employ workmen, in order to endeavour to arrange between them the terms of employment; and that this object may be the more easily attained, the directors are required to be in continual communication with the overseers of public works, the masters of manufactories, with individual proprietors, and societies; in order that where there are a quantity of hands capable of work, they may be passed into that part of the country where they are most wanted; but whenever it may happen that, notwithstanding all inquiries and exertions, the necessary work cannot be obtained, in such cases materials and tools are to be distributed to those paupers who may be in want of them, to be used at their own houses; and if in larger towns the number of those paupers should be very great, houses are to be opened and maintained at the expense of the institutions for the poor, in which the paupers who are out of work are to be employed; but the number of paupers to be so employed is always limited to those who have not had a reasonable offer of work from any other quarter. But the great cause why the number of the poor is kept so low in this country, arises from the prevention by law of marriages in cases in which it cannot be proved that the parties have reasonable means of subsistence; and this regulation is in all places and at all times strictly adhered to.The effect of a constant and firm observance of this rule has, it is true, a considerable influence in keeping down the population of Bavaria, which is at present low for the extent of country, but it has a most salutary effect in averting extreme poverty and consequent misery. (p. 554.)
Upon carefully examining and considering these poor laws of Bavaria. I have come to the conclusion in my own mind that they are useful, and well adapted to the purposes for which they were intended, because by the establishment of the poor institutions (as they are called), by districts over the whole kingdom of Bavaria, with sufficient power by law to carry their provisions into execution, the great and important object is attained of giving relief and support to the aged, helpless, and sick, and finding work in workhouses or at their own homes, at a moderate payment, for those who cannot otherwise obtain it; for which purpose a register is to be kept by the guardians of the poor of all those persons who are in want of work, and who are therefore either a burthen upon the parish, or are likely to become so, as also a listof those who wish to employ workmen, in order to endeavour to arrange between them the terms of employment; and that this object may be the more easily attained, the directors are required to be in continual communication with the overseers of public works, the masters of manufactories, with individual proprietors, and societies; in order that where there are a quantity of hands capable of work, they may be passed into that part of the country where they are most wanted; but whenever it may happen that, notwithstanding all inquiries and exertions, the necessary work cannot be obtained, in such cases materials and tools are to be distributed to those paupers who may be in want of them, to be used at their own houses; and if in larger towns the number of those paupers should be very great, houses are to be opened and maintained at the expense of the institutions for the poor, in which the paupers who are out of work are to be employed; but the number of paupers to be so employed is always limited to those who have not had a reasonable offer of work from any other quarter. But the great cause why the number of the poor is kept so low in this country, arises from the prevention by law of marriages in cases in which it cannot be proved that the parties have reasonable means of subsistence; and this regulation is in all places and at all times strictly adhered to.
The effect of a constant and firm observance of this rule has, it is true, a considerable influence in keeping down the population of Bavaria, which is at present low for the extent of country, but it has a most salutary effect in averting extreme poverty and consequent misery. (p. 554.)
The last of the countries subject to a system of compulsory relief, from which we have a return, is the ancient part of the
It appears from that return, that the inhabitants of that part of the Canton, which is subject to the laws which we are going to describe, consisted, in 1831, of 321,468 persons, divided into three classes, heimathloses, aubains, and bourgeois.
The first class, which appears to be so small as to be inconsiderable, consist of foreign refugees or their descendants. The second comprises all those who have not a right to bourgeoisie in any commune: their number amounted, in 1780, to 3482 persons. It is said to have subsequently increased, but it is not probable that it has more than doubled; and we believe that 10,000 persons, or less than 1-32nd part of the whole population, exceeds the whole number of those who are not entitled to bourgeoisie; but it is to be observed that the word “aubain,” though strictly meaning a person who has no settlement in the Canton, is also applied to persons who, though bourgeois, are not entitled to bourgeoisie in the commune in which they reside. The support of the heimathloses and of the aubains, properly so called, that is, of those who have no right whatever to bourgeoisie, falls on the government.
The third class is composed of the descendants of those who, in the sixteenth century, were held entitled to the public property of each commune, and those who by themselves or their ancestors have purchased bourgeoisie in any commune. Bourgeoisie appears to be personal and hereditary. It is not gained by residence, or lost by absence; and may therefore, in fact, belong to persons having little other connexion with the commune.
At a period, of which the precise date is not stated, but which appears to belong to the seventeenth century, it became the law that every one was entitled to support from the commune of which he was bourgeois, and that the sums necessary were to be supplied from the public property of thecommune; and so far as that was insufficient, from landed property, to whomsoever belonging, situated in the commune, and from the personal property of the bourgeois whether resident or not.
To this hereditary bourgeoisie the raising and administration of the poor-fund was and still is confided; and apparently with most unfortunate results.
The following is the conclusion of the official answer of the government of Berne to the questions proposed by Mr. Morier (p. 207):—
What are the abuses complained of?Do they arise from the principle of the law, or from the character and social position of its administrators?What remedies have been applied?What have been their results?The abuses in the administration arise both from the principle of the law, and from the character and social position of its administrators: from the law, because it abandons all administration to the communes; from the administrators, because they neglect improvement, distribute relief without discrimination or real inquiry, and generally provide only against the exigences of the moment.The separate parishes, being, for the most part, too small to establish schools and workhouses, want means of coercion, and are in general more busied in providing relief for those actually indigent than in diminishing their number, either as regards the present or future generations. Besides, although the practice is not sanctioned by law, many parishes, in order to prevent the return of their bourgeois who are domiciled elsewhere, forward to them relief without being able to ascertain their conduct.The government has long felt that these abuses could not be remedied except by a law founded on a principle totally different from that of abandoning the administration to the parishes: but from a mistaken solicitude for the poor, it always hesitated to take this course.What has been the influence of the system?1.Statistically?2.Morally?1.Has the number of the indigent augmented, diminished, or remained stationary?2.Does the law appear to have encouraged imprudent marriage or illicit intercourse?The answers are implied in our previous statements. The existing system favours imprudent marriage and illicit intercourse,—but, precisely because it encourages marriage, probably does not augment the proportion of illegitimate to legitimate births. But the final result is, that it encourages, in an extraordinary degree, the increase of the indigent population. The abuses which have followed this fatal system are too numerous to be here detailed. It is easy to conceive what must have been its results on a populace whom education, or rather the want of education, has deprived of all honourable feeling, and of all preference of independence to public charity. Idleness, carelessness, improvident marriage, and illicit intercourse, have been encouraged by the prospect of making others support their results. All means and opportunities of acquiring knowledge, or skill, or regular occupation, have been neglected. Thence have arisen not only a constantly increasing burden upon society, but obstacles to the development of the physical and intellectual faculties, to moral improvement, and in short to the advancement of civilization.Experience has clearly proved, that the number of paupers increases in proportion to the resources created for them, and that the bourgeois population is least industrious and least active, and endeavours least to be useful to society in those parishes which have the largest public property and public revenue.This state of things, and above all the constantly increasing burden in some parts of the country, and the demands urged by parishes on the State for protection against the claims and the insolence of the really and the pretended indigent, have determined the government to strive to remedy the evil at its source. We are still ignorant of the proposed principles of the new law. The plan, or at least the preparatory inquiry, is now going on in the offices of the Department of the Interior. It is nearly certain, however, that compulsory charity will be, if not entirely abolished, at least restricted to those poor who are incapable of work. But if assessment for the indigent is put an end to, the revenue of theproperties appropriated to them will remain for their support.The administration of the poor-laws in the Canton of Berne is therefore on the eve of a radical reform.
What are the abuses complained of?
Do they arise from the principle of the law, or from the character and social position of its administrators?
What remedies have been applied?
What have been their results?
The abuses in the administration arise both from the principle of the law, and from the character and social position of its administrators: from the law, because it abandons all administration to the communes; from the administrators, because they neglect improvement, distribute relief without discrimination or real inquiry, and generally provide only against the exigences of the moment.
The separate parishes, being, for the most part, too small to establish schools and workhouses, want means of coercion, and are in general more busied in providing relief for those actually indigent than in diminishing their number, either as regards the present or future generations. Besides, although the practice is not sanctioned by law, many parishes, in order to prevent the return of their bourgeois who are domiciled elsewhere, forward to them relief without being able to ascertain their conduct.
The government has long felt that these abuses could not be remedied except by a law founded on a principle totally different from that of abandoning the administration to the parishes: but from a mistaken solicitude for the poor, it always hesitated to take this course.
What has been the influence of the system?
1.Statistically?
2.Morally?
1.Has the number of the indigent augmented, diminished, or remained stationary?
2.Does the law appear to have encouraged imprudent marriage or illicit intercourse?
The answers are implied in our previous statements. The existing system favours imprudent marriage and illicit intercourse,—but, precisely because it encourages marriage, probably does not augment the proportion of illegitimate to legitimate births. But the final result is, that it encourages, in an extraordinary degree, the increase of the indigent population. The abuses which have followed this fatal system are too numerous to be here detailed. It is easy to conceive what must have been its results on a populace whom education, or rather the want of education, has deprived of all honourable feeling, and of all preference of independence to public charity. Idleness, carelessness, improvident marriage, and illicit intercourse, have been encouraged by the prospect of making others support their results. All means and opportunities of acquiring knowledge, or skill, or regular occupation, have been neglected. Thence have arisen not only a constantly increasing burden upon society, but obstacles to the development of the physical and intellectual faculties, to moral improvement, and in short to the advancement of civilization.Experience has clearly proved, that the number of paupers increases in proportion to the resources created for them, and that the bourgeois population is least industrious and least active, and endeavours least to be useful to society in those parishes which have the largest public property and public revenue.
This state of things, and above all the constantly increasing burden in some parts of the country, and the demands urged by parishes on the State for protection against the claims and the insolence of the really and the pretended indigent, have determined the government to strive to remedy the evil at its source. We are still ignorant of the proposed principles of the new law. The plan, or at least the preparatory inquiry, is now going on in the offices of the Department of the Interior. It is nearly certain, however, that compulsory charity will be, if not entirely abolished, at least restricted to those poor who are incapable of work. But if assessment for the indigent is put an end to, the revenue of theproperties appropriated to them will remain for their support.
The administration of the poor-laws in the Canton of Berne is therefore on the eve of a radical reform.
The same views are more fully developed in a long and very able supplement to these answers, which immediately follows them, and bears the same official character—(pp. 220-222, and 225.)
The administration of parochial property has not been properly audited by any parochial authorities: frequently and for many years it has remained in the hands of the same family; those to whom it has been intrusted have received little or no salary: a capricious and dishonest management were the obvious and almost the inevitable consequences. The mere nature of the transaction led to mal-administration. The poor who had a right to bourgeoisie had a right to relief. How could their conduct or their wants be ascertained, if they dwelt in other parishes, with whose authorities their own parish had no relation? Was it not almost inevitable that relief would be demanded with insolence and spent in idleness and debauchery?In some places in the mountains (such as Sieventhal and Grindelwald), the relief was given in kind; but with the increased circulation of money, money-relief has become general, and is exclusively afforded to out-parishioners. The facility with which such relief is mis-applied has favoured mis-management, and may be said to engender pauperism.These fatal results have become more strongly felt as the number of the poor has augmented. In many places the growing embarrassment occasioned great and praiseworthy remedial efforts. The administration was made more regular, and inspectors and other officers appointed. Some country parishes erected alms-houses at an expense apparently beyond their means. But many of these fine institutions disappointed the hopes of their founders: we shall presently see why. These new measures and institutions were each the private affair of each parish; they failed because they were isolated. The beneficial measures of one parish were not supported by its neighbours. They followed their old routine, and opposed improvement by obstacles and dislike. Superintendence, whichis essential to the administration of poor laws, was ineffectual, because it was applied only to the parishioners of the single commune which enforced it.During the last half century, other countries have acquired knowledge relative to alms-houses for the poor, and have adopted the results of the inquiries and experience of their neighbours. This has not been the case with our own establishments: their very origin was erroneous. They were the products of a philanthropy which proposed entirely to remedy all human misery. They were founded in villages, and proportioned each to the existing wants of the village. Their resources seldom permitted the adoption of the first condition of good administration, namely, classification. And even when we find a spacious building, we see heaped, pell-mell, children by the side of the old and infirm, and the sick mixed with able-bodied idlers. Even whole families are found in this assemblage of the good and bad, the sick and the healthy, the useful and the mischievous. In such establishments provision ought to have been made for the education of the children, the cure of the sick, the support of the aged, and the employment of the able-bodied. Each class of inmates required a separate treatment. The instant this principle is neglected, and classification abandoned, the institution not only loses its utility, but becomes actually mischievous. But each single establishment was governed by a single authority, unfit for the management of several dissimilar classes of inmates. In general, one uniform system was applied to them all. A further obstacle to the success of these establishments was the frequent change of their governors. As they were ill-paid and often subject to disagreeable contests with the local authorities, it was difficult to get good officers, and still more so to keep them. (p. 221.)Unfavourable as our representation of these establishments has been, the picture of the treatment of the poor in the other parts of the canton is still more gloomy and painful. In these districts (superintendence being absent) all that is not left to accident is regulated by habit, or by a routine without apparent motives.In such places no regular system is to be looked for. The most usual modes of affording relief are allowances in money, or payment of board. In some places, as in Emmenthal, the parochial charges are thrown on the large estates, and the proprietors are forced in turn, and gratuitously, to maintain the paupers who are allotted to them. In many other places it has long been thecustom to send round the poor to be maintained in turn by the settled inhabitants (bourgeois), some of whom, though forced to receive paupers, are themselves in indigent, or even in distressed circumstances.Not less sad or even revolting is the practice which prevails in some poor and ill-judging parishes of getting rid of their poor by allotting them to those who will take them on the lowest terms. The parochial authorities offer an allowance to those who will receive such and such paupers. The allowance at first proposed is very small; but it is ready money, and public competition enables the parish to make it still smaller. The poor victim falls into the hands of a rapacious and needy family. We may conceive how deplorable his situation must always be. That it is sometimes supportable can be attributed only to a benevolence not yet entirely stifled in the hearts of our people. Cases even have occurred in which the proprietors, by allowing their inmates to work for themselves, have given them habits of industry, and bred up their children to be good workmen. But these exceptions only render the general rule more apparent.Relief in money produces effects equally pernicious. It is the result of the law which enables every family which is, or believes itself to be, in want, to demand a relief which cannot be refused. Small sums are given sometimes for payment of rent, sometimes to meet other wants, whether the applicant live in the parish or elsewhere—and without control or superintendence. What can, what must be the consequences? (p. 222.)We cannot wonder, then, that the administration of the poor laws in the canton of Berne has become so irregular and so mischievous. The effects of the subdivision of the inhabitants into so many corporations have become more and more apparent. The principle of permanent and hereditary unions necessarily clashed with the principle of mobility and change which governs all our social relations. The welfare of the public necessarily gave way to that of the particular corporations, and the private interests of the corporations or parishes rendered them selfish and mutually hostile.Obstacles were opposed to every change of residence, and consequently the industry and enterprise of the labouring classes were paralyzed, and the parishes felt the results of their own measures when an unemployed and dispirited population was thrown upon them. It was to be expected that in time this population would look for support to the relief to whichthey had a legal right; it was natural that in time they would get a taste for an idle and consequently vicious existence.We could support our remarks by many instances of whole families which have subsisted like parasites from year to year, and from generation to generation, on the parochial funds; whose status it is to be paupers; and the cases in which they have emerged from this condition are few.
The administration of parochial property has not been properly audited by any parochial authorities: frequently and for many years it has remained in the hands of the same family; those to whom it has been intrusted have received little or no salary: a capricious and dishonest management were the obvious and almost the inevitable consequences. The mere nature of the transaction led to mal-administration. The poor who had a right to bourgeoisie had a right to relief. How could their conduct or their wants be ascertained, if they dwelt in other parishes, with whose authorities their own parish had no relation? Was it not almost inevitable that relief would be demanded with insolence and spent in idleness and debauchery?
In some places in the mountains (such as Sieventhal and Grindelwald), the relief was given in kind; but with the increased circulation of money, money-relief has become general, and is exclusively afforded to out-parishioners. The facility with which such relief is mis-applied has favoured mis-management, and may be said to engender pauperism.
These fatal results have become more strongly felt as the number of the poor has augmented. In many places the growing embarrassment occasioned great and praiseworthy remedial efforts. The administration was made more regular, and inspectors and other officers appointed. Some country parishes erected alms-houses at an expense apparently beyond their means. But many of these fine institutions disappointed the hopes of their founders: we shall presently see why. These new measures and institutions were each the private affair of each parish; they failed because they were isolated. The beneficial measures of one parish were not supported by its neighbours. They followed their old routine, and opposed improvement by obstacles and dislike. Superintendence, whichis essential to the administration of poor laws, was ineffectual, because it was applied only to the parishioners of the single commune which enforced it.
During the last half century, other countries have acquired knowledge relative to alms-houses for the poor, and have adopted the results of the inquiries and experience of their neighbours. This has not been the case with our own establishments: their very origin was erroneous. They were the products of a philanthropy which proposed entirely to remedy all human misery. They were founded in villages, and proportioned each to the existing wants of the village. Their resources seldom permitted the adoption of the first condition of good administration, namely, classification. And even when we find a spacious building, we see heaped, pell-mell, children by the side of the old and infirm, and the sick mixed with able-bodied idlers. Even whole families are found in this assemblage of the good and bad, the sick and the healthy, the useful and the mischievous. In such establishments provision ought to have been made for the education of the children, the cure of the sick, the support of the aged, and the employment of the able-bodied. Each class of inmates required a separate treatment. The instant this principle is neglected, and classification abandoned, the institution not only loses its utility, but becomes actually mischievous. But each single establishment was governed by a single authority, unfit for the management of several dissimilar classes of inmates. In general, one uniform system was applied to them all. A further obstacle to the success of these establishments was the frequent change of their governors. As they were ill-paid and often subject to disagreeable contests with the local authorities, it was difficult to get good officers, and still more so to keep them. (p. 221.)
Unfavourable as our representation of these establishments has been, the picture of the treatment of the poor in the other parts of the canton is still more gloomy and painful. In these districts (superintendence being absent) all that is not left to accident is regulated by habit, or by a routine without apparent motives.
In such places no regular system is to be looked for. The most usual modes of affording relief are allowances in money, or payment of board. In some places, as in Emmenthal, the parochial charges are thrown on the large estates, and the proprietors are forced in turn, and gratuitously, to maintain the paupers who are allotted to them. In many other places it has long been thecustom to send round the poor to be maintained in turn by the settled inhabitants (bourgeois), some of whom, though forced to receive paupers, are themselves in indigent, or even in distressed circumstances.
Not less sad or even revolting is the practice which prevails in some poor and ill-judging parishes of getting rid of their poor by allotting them to those who will take them on the lowest terms. The parochial authorities offer an allowance to those who will receive such and such paupers. The allowance at first proposed is very small; but it is ready money, and public competition enables the parish to make it still smaller. The poor victim falls into the hands of a rapacious and needy family. We may conceive how deplorable his situation must always be. That it is sometimes supportable can be attributed only to a benevolence not yet entirely stifled in the hearts of our people. Cases even have occurred in which the proprietors, by allowing their inmates to work for themselves, have given them habits of industry, and bred up their children to be good workmen. But these exceptions only render the general rule more apparent.
Relief in money produces effects equally pernicious. It is the result of the law which enables every family which is, or believes itself to be, in want, to demand a relief which cannot be refused. Small sums are given sometimes for payment of rent, sometimes to meet other wants, whether the applicant live in the parish or elsewhere—and without control or superintendence. What can, what must be the consequences? (p. 222.)
We cannot wonder, then, that the administration of the poor laws in the canton of Berne has become so irregular and so mischievous. The effects of the subdivision of the inhabitants into so many corporations have become more and more apparent. The principle of permanent and hereditary unions necessarily clashed with the principle of mobility and change which governs all our social relations. The welfare of the public necessarily gave way to that of the particular corporations, and the private interests of the corporations or parishes rendered them selfish and mutually hostile.Obstacles were opposed to every change of residence, and consequently the industry and enterprise of the labouring classes were paralyzed, and the parishes felt the results of their own measures when an unemployed and dispirited population was thrown upon them. It was to be expected that in time this population would look for support to the relief to whichthey had a legal right; it was natural that in time they would get a taste for an idle and consequently vicious existence.We could support our remarks by many instances of whole families which have subsisted like parasites from year to year, and from generation to generation, on the parochial funds; whose status it is to be paupers; and the cases in which they have emerged from this condition are few.
The government appears to have been struggling with these evils ever since the beginning of this century. The first ordonnance which has been forwarded to us is that of the 22d December, 1807.
The following are its most material enactments (pp. 191, 192):—
The parishes and parochial corporations (bourgeoisies) in the town and in the country are required, as heretofore, to afford protection and relief to their needy fellow-citizens.No one can claim parochial relief unless he is without property, and either physically incapable of work, or out of employ without his own fault.Parishes may continue their previous modes of regulating and fixing their accounts with respect to the poor.They may likewise relieve their poor as they think fit, by regular money relief, by putting them out to board, by collecting them in a single establishment, or placing them in hospitals, or distributing among themselves the children of the indigent. But it is forbidden for the future that, except in cases of emergency, and with the sanction of the district authorities, they should be sent round from house to house to be maintained. Persons arrested for begging, and taken to their parish, shall be sentenced by the parochial authorities, after having given notice to the district judge. The punishment may be eight days’ imprisonment on bread and water, or fifteen days’ hard labour[8].An equally rigorous treatment is to be applied to those who, being in the receipt of parochial relief, are disobedient, or give rise to well-founded complaint. They may be forbidden to enterinns, or drinking-shops, and punished in the above-mentioned manner if they disobey.Parishes may require their overseers to watch the conduct of those who, from extravagance, drunkenness, debauchery, or other misbehaviour, are in danger of poverty, and to proceed legally to have them placed under restrictions. Such persons may be forbidden by the prefect, on the application of the parish, to frequent, for a certain period, inns and drinking-shops.If a person who has received relief subsequently obtains any property, his parish may demand to be reimbursed their expenditure on his behalf, but without interest; and though they may not have exercised their right during his life, they may proceed against his estate after his death.No pauper can marry without the consent of his parish, nor without having reimbursed it for the relief which he has received.The same law applies to widowers, who, while married, had received relief for themselves or their children. None who are relieved in consequence of sickness or infirmity should be allowed to marry, except in extreme cases.No minister, unless with the permission of the parish, ought to announce from the pulpit the intended marriage of one whom he knows to be in the receipt of relief.If children, in consequence of the idleness, debauchery, gambling, or voluntary desertion of their father, become chargeable to the parish, and it is alleged that the father if he had been industrious and frugal could have supported them, the overseers may bring an action against him for the amount of the relief which has been afforded to his children; and if he do not pay he may be suspended from the exercise of all civil rights and claims as a bourgeois,or be sentenced to not exceeding two years’ imprisonment in a house of correction. A second offence is to be more severely punished.A mother wilfully abandoning her children shall be taken back to her parish and there kept to work. If she refuse, or attempt to escape, she may, on the requisition of her parish, and subject to an appeal to the Council of State, be sentenced to not exceeding three years’ imprisonment in a house of correction.Women who have had several bastards chargeable to the parish may, on the requisition of their parishes, be similarly punished. No one receiving, or who has received, parochial assistance,either on his own account or on that of his children can, unless specially authorized so to do by his parish, be present at parochial meetings, until he has repaid all the sums advanced to him.If any person entitled to parochial relief shall be refused, or insufficiently relieved, he may complain to the Prefect, who shall thereupon hear the allegations of the parish, and ascertain the condition of the complainant, with the assistance, if he has any doubt as to the existence or degree of his bodily infirmities, of a physician. The Prefect may then order such relief as may appear to him necessary, but no part of it is to be given in money.
The parishes and parochial corporations (bourgeoisies) in the town and in the country are required, as heretofore, to afford protection and relief to their needy fellow-citizens.
No one can claim parochial relief unless he is without property, and either physically incapable of work, or out of employ without his own fault.
Parishes may continue their previous modes of regulating and fixing their accounts with respect to the poor.
They may likewise relieve their poor as they think fit, by regular money relief, by putting them out to board, by collecting them in a single establishment, or placing them in hospitals, or distributing among themselves the children of the indigent. But it is forbidden for the future that, except in cases of emergency, and with the sanction of the district authorities, they should be sent round from house to house to be maintained. Persons arrested for begging, and taken to their parish, shall be sentenced by the parochial authorities, after having given notice to the district judge. The punishment may be eight days’ imprisonment on bread and water, or fifteen days’ hard labour[8].
An equally rigorous treatment is to be applied to those who, being in the receipt of parochial relief, are disobedient, or give rise to well-founded complaint. They may be forbidden to enterinns, or drinking-shops, and punished in the above-mentioned manner if they disobey.
Parishes may require their overseers to watch the conduct of those who, from extravagance, drunkenness, debauchery, or other misbehaviour, are in danger of poverty, and to proceed legally to have them placed under restrictions. Such persons may be forbidden by the prefect, on the application of the parish, to frequent, for a certain period, inns and drinking-shops.
If a person who has received relief subsequently obtains any property, his parish may demand to be reimbursed their expenditure on his behalf, but without interest; and though they may not have exercised their right during his life, they may proceed against his estate after his death.
No pauper can marry without the consent of his parish, nor without having reimbursed it for the relief which he has received.The same law applies to widowers, who, while married, had received relief for themselves or their children. None who are relieved in consequence of sickness or infirmity should be allowed to marry, except in extreme cases.
No minister, unless with the permission of the parish, ought to announce from the pulpit the intended marriage of one whom he knows to be in the receipt of relief.
If children, in consequence of the idleness, debauchery, gambling, or voluntary desertion of their father, become chargeable to the parish, and it is alleged that the father if he had been industrious and frugal could have supported them, the overseers may bring an action against him for the amount of the relief which has been afforded to his children; and if he do not pay he may be suspended from the exercise of all civil rights and claims as a bourgeois,or be sentenced to not exceeding two years’ imprisonment in a house of correction. A second offence is to be more severely punished.
A mother wilfully abandoning her children shall be taken back to her parish and there kept to work. If she refuse, or attempt to escape, she may, on the requisition of her parish, and subject to an appeal to the Council of State, be sentenced to not exceeding three years’ imprisonment in a house of correction.
Women who have had several bastards chargeable to the parish may, on the requisition of their parishes, be similarly punished. No one receiving, or who has received, parochial assistance,either on his own account or on that of his children can, unless specially authorized so to do by his parish, be present at parochial meetings, until he has repaid all the sums advanced to him.
If any person entitled to parochial relief shall be refused, or insufficiently relieved, he may complain to the Prefect, who shall thereupon hear the allegations of the parish, and ascertain the condition of the complainant, with the assistance, if he has any doubt as to the existence or degree of his bodily infirmities, of a physician. The Prefect may then order such relief as may appear to him necessary, but no part of it is to be given in money.
It appears, however, to have been unsuccessful; for 12 years after, the government, after having in vain offered rewards for good advice on the subject (p. 225), by an ordonnance dated the 14th April, 1819, absolutely forbade the levying of rates higher than the average of those of the years 1813, 1814, and 1815. The failure of so coarse a remedy might have been predicted, and accordingly we find the present state of the country thus described in the official report (p. 214):—
It is evident that, with respect to pauperism, the present situation of the Canton de Berne is in the highest degree painful. The evil is not temporary or partial: it arises from no external or accidental sources: a considerable portion of the population is attacked by it, and it is spreading itself, like a moral blight, over the whole community.Some districts, or some classes, may perhaps suffer less than others, but the malady continues its progress and its extension: if it decrease in one place, it grows in another. It is indeed evident that it contains within itself the elements of its own increase. Not merely the annual augmentation of the number of paupers, but their constantly increasing misconduct, their carelessness, and insolence, and above all, their utter immorality, prove the augmenting force of the evil; an evil which must destroy all benevolent feelings, and swallow up, without being satisfied, all that charity can supply. The contagious nature of the disease carries it beyond theindigent, to invade and destroy the classes immediately above them. Those whose daily labour ought to have supported them, and those small proprietors whose properties ought to have enabled them to maintain their families, satisfy their engagements, and contribute to the relief of the poor, even these classes throw themselves among the really indigent, and add weight to the load which oppresses those who cannot escape the poor tax.
It is evident that, with respect to pauperism, the present situation of the Canton de Berne is in the highest degree painful. The evil is not temporary or partial: it arises from no external or accidental sources: a considerable portion of the population is attacked by it, and it is spreading itself, like a moral blight, over the whole community.
Some districts, or some classes, may perhaps suffer less than others, but the malady continues its progress and its extension: if it decrease in one place, it grows in another. It is indeed evident that it contains within itself the elements of its own increase. Not merely the annual augmentation of the number of paupers, but their constantly increasing misconduct, their carelessness, and insolence, and above all, their utter immorality, prove the augmenting force of the evil; an evil which must destroy all benevolent feelings, and swallow up, without being satisfied, all that charity can supply. The contagious nature of the disease carries it beyond theindigent, to invade and destroy the classes immediately above them. Those whose daily labour ought to have supported them, and those small proprietors whose properties ought to have enabled them to maintain their families, satisfy their engagements, and contribute to the relief of the poor, even these classes throw themselves among the really indigent, and add weight to the load which oppresses those who cannot escape the poor tax.
[8]It is not easy to say what is meant by the original; whether labour in irons, “enchainement au bloc,” is a necessary part of the punishment or not.
[8]It is not easy to say what is meant by the original; whether labour in irons, “enchainement au bloc,” is a necessary part of the punishment or not.
[8]It is not easy to say what is meant by the original; whether labour in irons, “enchainement au bloc,” is a necessary part of the punishment or not.
We have now given a very brief outline of the institutions of those portions of the Continent which appear, from the returns, to have adopted the English principle of acknowledging in every person a right to be supported by the public. It will be observed that in no country, except, perhaps, the Canton de Berne, has compulsory relief produced evils resembling, either in intensity or in extent, those which we have experienced; and that in the majority of the nations which have adopted it, the existing system appears to work well.
These opposite consequences from the adoption of the same principle, may be accounted for on several different grounds.