*gx ^? // ^ NEX LETTER TO THE THE LORD BISHOP OF DURHAM, PRESIDENT OF THE SOCIETY FOR BETTERING THE CONDITION OF THE POOR, ON THE PRINCIPLE AND DETAIL OF THE MEASURES NOW UNDER THE CONSIDERATION OF PARLIAMENT, FOR PROMOTING AND ENCOURAGING INDUSTRY, AND FOR THE RELIEF AND REGULATION OF THE POOR. By THOMAS BERNARD, ESQ. THE SECOND EDITION. LONDON: PRINTED FOR J. HATCHART), OOKSEIUR TO HER MAJESTY, OPPOSITE ALBANY, PICCADILLY. 1807^ J. liitbiTBLL, 1'rniier, Marshall-Street, 0"Mfn-S'ninvc. Notice to the Second Edition. THE subject of the following Letter was intended to have been reserved for the leisure of the summer vacation ; when time and opportunity might have been obtained, for more attentively examining the merits and demerits of the Bill in question, and for more deliberately weighing any observations which might be submitted to the Public. It appearing, however, from what passed in the House of Commons on the 13th of April, that it was intended to press an immediate Decision on the Subject, the Author conceived it to be his duty to offer his immediate testimony on the subject, though given in haste, and under disadvantage and inconvenience. The first Edition was ready for publication on the 2/th of April, when the Subject was to have come before the House, but for the Prorogation of Parliament. 1 1 May, \ 807. 1140595 >rn T A LETTER TO THE LORD BISHOP OF DURHAM, MY DEAR LORD ; THE consequences of any con- siderable variation in the Poor-Laws are of such infinite importance, the beneficial effects of wise and unexceptionable mea- sures so extensive and acceptable, and the inconvenience and uncertainty, that must inevitably follow any hasty and ill-con- certed regulations, so fatal and destructive to every part of the kingdom, that I am persuaded that the honourable and respect- able Proposer of the Poor-Bill, now under consideration of Parliament /will be gratified by any suggestions, which may be strictly p, 2 Introductory Observations. and correctly applicable to the subject of his Bill ; especially when all hostility of opinion is avoided, as tar as the nature and importance of the subject will allow ; when those suggestions refer to imme- diate and certain effects, and not to remote or possible consequences; and are offered in such a manner, as to leave it in his power to make use of them in any way that is most agreeable to him- self, either for the defence and devclope- ment, or for the amendment and improve- ment, of the measures which he has proposed. IT has been a subject of regret to your Lordship as well as to myself, that before Mr. Whitbread had completed his bill for the Alteration of the Poor- Laws, he had not allowed of some communication with the Society for bettering the Condition of the Poor; or, at least, that he had not in- quired whether such a Society did actually continue to exist, or not. To us, in any event, it would have been a benelit ; as we might have had the advantage of his Introductory Observations. 3 talents and experience, to assist in those researches, to which we have earnestly de- voted ourselves for above ten years : and to him it might have been more convenient, to have had any observations which may ap- ply to his bill, and which have been the objects of inquiry with us, submitted to his private consideration, instead of being made the subject of public discussion. The Committee would have been the more anxious and diligent in its attention to the subject, from the hope which it had en- tertained, that, in the event of the agi- o tation of any great parliamentary question as to the future system of the Poor-Laws, we might have been allowed to contribute our assistance. As there has been no opportunity of communicating personally on the subject, it seems to be a duty to offer, in the only way that remains, those suggestions on the principle and detail of the Bill, which we should have had more pleasure in submitting by oral communication : and, 'if any of those suggestions should appear B 2 4 Introductory Observations. to be deserving of attention, I have too much confidence in the candour and libe- rality of the gentleman who has proposed this measure, to apprehend that they will be considered as coming too late, merely because they are offered after the introduc- tion of his Bill. YOUR Lordship will recollect, that when these measures were first proposed, our ap- prehensions were much relieved by the hope, that alterations of such extent and importance were not to be immediately decided upon ; but that, where the happiness of millions is at stake, the quiet and leisure of the summer vacation would at least have been allowed, for minute attention to the various clauses of the bill, and for repeated considera- tion of its effects and consequences. Apprehending, however, from what has just passed, that it is the intention to press the most material parts of it through the House during the present session,* I have * This was written and printed, just before the Proro- gation of Parliament. Introductory Observations. 5 immediately devoted time, which I could ill spare from other duties, to a careful exa- mination of the Bill ; and I have endea- voured, according to the power and oppor- tunity which I possess, to understand its true construction. If, therefore, it should appear I have mistated any of the various and complicated clauses which the Bill contains, I trust that it will be imputed to want of time, or to defective understanding* and not be considered as a wilful and intended misrepresentation. IT is an unpleasing and ungrateful task, to offer even simple discussion, when it tends to raise doubts as to the wisdom of measures, proposedso publicly and deli- berately, as these have been, to the Le- gislature. Previously, therefore, to my suggesting any apprehension as to the effect of some clauses in the Bill, I shall indulge o myself in the gratification of noticing those parts, which have my applause and appro- bation. As such, I shall observe that the exemption of labourers from the Parish Rate, is a measure deserving of the highest commendation. And, in the next place, I 6 Beneficial Clauses shall notice with pleasure and satisfac- tion, the repeal of that part of the 9th of George I. which excludes from all relief, the labourer, who will not condescend to be the inmate of a Parish Workhouse. I am aware that the effect of that act has been, in part, done away by a subsequent one : but in such a case, nothing less 'should be admitted, than entirely to expunge a Law, injurious to the feelings and habits of the English Cottager, THE Clause, which enables the Over- seers, with the consent of the Vestry, to board infants and weak and incapacitated persons with their own relations or friends, has, as far as it goes, rny unqualified ac- knowledgements ; though I cannot help wishing, that a provision so wise and be- nevolent, had not required the consent of the Vestry; the want of which will often frustrate Mr. Whitbread's laudable inten- tion. The tolerating Clause in the articles concerning Schools, which, while it re- quires that the children shall regularly attend Divine Service, leaves them to ac- company their parents, relations, or guar- in the Bill, 7 dians, to their own place of religious wor- ship, has my warmest approbation. The Clause for allowing Relief to labourers, having a certain portion of property, is good, as far as it extends ; though I could wish it had been exactly copied from Mr. Pitt's Bill, and not confined to a state of actual sickness ; as I have known other cir- cumstances, which would make such relief very useful and proper, and in which, with the Overseers* assent, I have sometimes authorized it. THE principle of giving Rewards to la- bourers, who have brought up families to the age of fourteen years without Parish Re- lief, I highly approve. At the same time, I cannot help regretting that it is re- stricted to parents having six or more such children, and that the conferring of it is to be so long postponed. The measure, which made part of Mr. Pitt's as well as of the present Bill, that Residence shall, un- der certain circumstances, give a settle- ment, is in itself unexceptionable : but it lequires to be modified. Fraud and incon- 8 Control of the Vestry venicnce * would, I fear, be generated by a law, which should make Residence the single qualification for the acquisition of a Settlement; instead (as has been proposed by our Society) of limiting it to a person who has not more than three children, and requiring that the party should be generally/ working in the parish, and be a subscriber to the Parish Fund. WITH those who have given much time and attention to the detail and execution of the Poor-Laws, considerable objections will occur to placing the Parochial Con- trol of the Rates, and of the Relief of the Poor, in the hands of theVESTRY, instead of those of the Overseers. The Overseers are officers appointed by the Magistrates, accountable for the neglect or breach of their trust, and liable to punishment for default. They are generally aware, that, in case of partiality in the proportion of the Rate,, of wasteful jobs in their Expendi- ture, or of wilful neglect in the Relief of See a note on this subject, in page 63. as to Rates and Relief. 9 the Poor, they are liable to be dragged into public notice, as criminals; and I have found very beneficial effects, from the sense which they entertain of this responsibility. The Overseer knows that cases may occur, in which he will have personally to pay the costs occasioned by an unjust Rate, or the expense incurred in an idle job; and where, if the Poor perish for want of necessary Relief, he may suffer capitally as a felon. IN Rates which have been quashed for inequality, and in fraudulent Expenditure of the Parish Money, it generally turns out that they have been sanctioned by the act of the Vestry : And in cases of gross un- kind ness to the Poor, I have been in the habit of inquiring into the fact ; and I have seldom found an instance of such misconduct in an Overseer, for which he has not produced the authority or' his Ves- try. It will often occur, that Farmers and Shopkeepers, with a view to present sa- ving, have farmed the Poor, and driven the aged and infirm into a dirty and disorderly Workhouse, in the hope of deterring them c 10 Control of Vestry and others, from claiming the necessary relief; and I have again and again Lad occasion to warn the Overseer, not to suf- fer his Vestry to induce him to commit that officially i for which he is liable person- ally to suffer. IF what I am stating on this subject, should appear to have any weight, I trust that the clause, which enables the Vestry to control the Parish Officers in making the assessments, and in the Relief of the Poor, which directs the Overseer to lay the Rate before them, to be corrected and amended, and (except in cases of urgent and immediate necessity) forbids the Over- seer of himself to supply any Relief to the Poor, will be again and again discussed, before it becomes part of the Law of the Land. I trust that the Legislature will again and again consider, what it is to take power out of the hands of accountable persons, and to place it in the hands of those who are not liable to account : that they will consider of what materials Vestries arc composed ; that they are interested as to Rates and Relief. 11 in the questions before them, and at the same time are not liable to punishment for misconduct : that if they do an act of pecuniary injury to any of the Parishio- ners, they can defend themselves at the ex- pense of the party injured ; and if the act be of a criminal nature, no corporal or capi- tal punishment, however merited, can be inflicted : and, lastly, that the Vestry ex- presses the sentiments of only a part, and sometimes a mere party, or faction, in the Parish ; many from situation and circum- stances, others from age or sex, others from religious opinions, and some from absence or non-residence, being precluded from attending them. OP the next Clause, which confines within very narrow limits the amount of the relief, which the Poor " not actu- ally in a state of sickness* shall, under any circumstances, by order of a Magis- trate, be entitled to, I would submit to your Lordship, whether it does not exhibit an unwarranted distrust of the Magistracy pf this Kingdom ; and whether it may not c 2 12 Restriction on be a proper subject for reconsideration. Perhaps 1 misunderstand the intent of the Clause ; but if I conceive it right, the effect is this : Taking the average, price of labour at any certain sum, say twelve shillings a week, the effect of the Clause will be, that no Magistrate shall in any case, except that of actual sickness, have power to order the Poor Man more, than with what he earns, or with reasonable diligence, can car?i, will amount to three shillings a week. The allowance for women and children is more limited. But I confine my observation to the aged cottager, and 1 ask, Will not the labourer, who has spent the vigour of life in the service of the other classes of the community, consider such relief as inock- ery and derision ? What is to become of the variety of helpless cases, that cannot be precisely ranged under the head of actual sickness ? What is to become of the infirm, the convalescent, the cripple, the. ideot, and what of the imbecility of old age ? I once ordered (and the Overseers assented to it with pleasure, though pro- bably the Vestry would not) the allowance Parochial Relief. 13 of eight shillings a week, for the relief of an old man, of excellent character for sobriety and industry ; who, after fourscore years of labour, had sunk into a state of helpless imbecility. What is to become of such an object ? Is he, at the close of a life of labour and hardship, to be told that the Magistrate can order him only fow- pence a day, in addition to the two-pence which he may earn with reasonable diligence ; so as to make up, with his exertions, the amount of three shillings a week ? Is this the utmost sum, which the liberality of his country will allow the Magistrate to give ? this sum, which, it is curious to observe, is the same allowance that, in a subsequent part of the Act, may be given to a young and healthy Pauper, publicly convicted of idleness and misconduct, and wearing the infamous badge of " Criminal Poor." I COME next to the consideration of those Clauses which relate to Workhouses. Of these, the most important, in my mind, is that, which directs that all contracts for the maintenance of the Poor, shall be by 14 Clauses relating Weekly Rates per head. The doubt which I entertain of this Clause is, that it will operate to fill the Parish-Workhouse with guests. For, when a weekly rate per head is to be fixed, at which the contrac- tor can make any profit, (and we must not suppose that these contractors will be satis- fied without any profit) it will be as much bis interest to fill the Workhouse with Pau- pers, as it is for an innkeeper to supply his inn with customers. If he can make a cer- tain sum by boarding fifty Paupers, he will get considerably more than double that sum, if he can drive a hundred poor per- sons into the house ; for, with the same es- tablishment, he will entertain double the number of guests: and, if he can squeeze in a still greater number, his profits will accu- mulate to a great degree. What the ob- ject of this'Clause may be, I have not acutenessto comprehend. As to its effects, however, I can venture to predict, that it will add another instance to those, in which the interest of Farmers of Work- houses, is diametrically opposite to the welfare of the Poor, and of the Parish. to Workhouses. 15 WITH regard to the direction that, in every Parish, Regulations shall be prepared for Workhouses, I would submit whether they should not be uniform throughout the kingdom; and if so, whether these regu- lations should not make a part of the Act; leaving a power for Parishes, with the consent of the Quarter Sessions, and for a limited time, to make occasional variations and additions ? IN regard to the effect of a Clause which follows, for the correction of the idle Poor, I have considerable apprehensions. Though we may endeavour to reform by punish* ment, I would ask, whether the publicly declaring a person a rogue and a vagabond, and making him wear the badge of crimi- nal poor, until he has behaved well for a year, will offer any opportunity of reform ? and whether it will not rather operate to exclude every rational hope of amend- ment ? UPON the Clause (as printed) for the Adjudication of Settlements, I shall now say very little. But I cannot help 16 Adjudication of Settlement. asking, with regard to questions between parishes several hundred miles asunder, where the parties must either submit to an ex parte judgement, or take a very long journey with their attorneys, witnesses, &c. to contest a Pauper's settlement, which might otherwise never have come in issue, or, by a short residence or some other cir- cumstance, may be put entirely out of the question, I cannot help asking, whether such a compulsory increase of law-suits, will not produce heavier and more vex- atious parochial burthens, than any which we are now subject to* ? and whether the appeal being restricted to the next Quarter Sessions, and being to be made to parties interested in the event, instead of being addressed to the King's Bench, * WHILE lam putting this Letter into my publisher's hands, I find a report in the Newspapers, that this part of the Bill is given up for the present : 1 have therefore abridged whtrt I had to say on this head. Hut, as the measure seems to he rather postponed, than abandoned, I have not thought it proper to pass it by entirely unno- ticed. :\pril 18, 1807. Assessing of Stock in Trade. 17 would offer substantial and satisfactory justice to the parish aggrieved ? ON a subsequent Clause, for assessing the STOCK* IN TRADE of country shopkeepers, my doubt and anxiety is of this nature; * THE exemption of stock in trade from assessment to the Poor's Rate, so far as it is exempt at present, is not owing to the want of legal authority, but to difficulties in the execution of the Law. LORD MANSFIELD, in the Case of the King and Ring- wood, thus expresses himself on this subject: f< Some artificers have a considerable stock in trade ; " some have a little; others none at all. Shall the tools " of a carpenter be called his stock in trade, and as such lt be rated ? A tailor has no stock in trade ; a butcher " has none ; a shoemaker a great deal. Shall the tailor, " whose profit is considerably greater than that of the " shoemaker, be untaxed, and the shoemaker, taxed r" I have always a pleasure in referring to my friend SIR FREDERICK EDEN'S valuable and laborious work on the State of the Poor. In vol. i. p. 453, he quotes this Case, and observes, that it does not seem possible to rale the visible stock of a tradesman, or artificer; or even to ascertain correctly, what is to be considered a* visible stock. T> 18 Assessing of Stock in Trade. not merely that with little or no object in view, and with great difficulty and uncer- tainty in the detail, it will disturb the Law of the Land 'and vary the present mode of pecuniary contributions, but that it will bear heavily on the Poor, by rais- ing the price of the necessary articles of life. We all know that those who keep shops in country parishes, have a difficulty in making (as it is termed) the two ends meet ; and we also know by unvaried ex- perience, that not only country shop- keepers, but all other persons concerned in trade, who have any new or extraordi- nary tax laid on them, take care imme- diately to charge it with usury to their customers ; so that in fact this assessment would operate, partly as a tax on the Poor, affecting them where they can least bear it, in the necessaries of life ; and partly as a preventive against the shopkeeper laying in his commodities by wholesale, at chea'p periods, so as to be enabled to sell them at a moderate price, and yet with profit to himself. County Rate for the Poor. 19 I PROCEED to consider the next part of the Bill, which directs the levying of a County Rate in order to relieve those pa- rishes, where the Poor's Kates are heavy: As the Law now stands*, if the Magis- trates are of opinion, that the inhabitants of any Parish are not able to levy among themselves sufficient sums for the Relief of their Poor, they may assess other parishes within the Hundred, or, if the Hundred is insufficient, within the County. This is good sense. It has been acted upon for above two hundred years ; and the books supply abundance of cases, by which the construc- tion of the Law is now settled. It has often surprised me, that the Parishes eastward of the Metropolis, which consist chiefly of Poor, and which are the residence of the porters, carmen, and other labouring men who are employed in the hard work of the City of London, should never have taken the benefit of the act of Elizabeth, and applied for aid from the opulent adjoining * See act 43 Eliz. cap. ii, sect. 3. D 2 20 County Rate for t/ie Poor. parishes, in which their own poor are em- ployed in labour.* Nothing could be more equitable than such an application of the "Law, made as it ought to be, at the discre- tion of the magistrates. ; BUT what is proposed, would be injuri- ous to the Individual, and prejudicial to the Public. The Bill directs that, when- ever the charge of maintaining the Poor in -^ O any Parish, shall be more than double the average amount of Poor's Rates in the county, the surplus expense shall be made good by a County Rate, to be levied on the total Rateable Value, ascertained by Parochial Returns. Now, if we apply this to the case of the Parishes just mention- ed, we shall find that by the proposed Bill, the whole of the County of Middle- sex is to be taxed, to maintain the labou- rers of a particular district; instead of the relief being supplied, as it ought, by those Merchants and Manufacturers in the vicir nage, who are receiving the benefit of the * See a note on this subject in Mr. Colouhonn'sTrea- j , tise on Indigence, p. 243. Provision for Education. 21 labour of these Poor. And again, if we apply the effect of the Clause to the Coun-r ty of Rutland, those parishes which have not thought fit to follow LORD WINCIIIL- SEA'S excellent example, but who, by farm- ing and depressing their Poor, have augt- mented their Poor's Rate, will have, by this Act, a scale of mismanagement offered them, by which they may levy upon their enlightened and benevolent neighbours, the costs, charges, and expenses, incurred by their own culpable imprudence. THE making of a general provision for the moral and religious EDUCATION of the Poor, has, your Lordship well knows, been a primary and unvaried object of our So- ciety, ever since its first formation in 1796. Our Reports and Publications have con- stantly had in view this great object ; which, under proper direction and regulation, pro- mises the greatest and most unequivocal advantages to the Labouring Class. By referring to direction and regulation, I do not, however, mean to express any appre- hension of any consequences, from a ge- neral provision of this nature. For, if a 1 'revision for the j)ublic system of Education be impartially and generally made, as it ought to be, ex- tending to all the classes of the Poor through o o every part of the Kingdom, the generality of the measure will obviate every incon- venience, which cautious politicians have apprehended from a partial and capricious system of education. ADOPTING therefore the general idea, it will remain to consider whether the mode of execution proposed by the Bill, is the best that can be adopted. In the mea- sures suggested by our Society, as to this desired object, and indeed as to every other amendment of the Poor-Laws, the follow- ing principles have been kept in view : " That the plan should be simple and in- " tclligible ; adhering as far as may be " to existing regulations and forms ; using " and applying such means and instru- " incuts as already exist, and are capable " of being brought into action ; and so " framed and constituted, as to supply in- " ducemcnt and interest to all parties con- " ccrned in it, to contribute earnestly and " assiduously to the success of the measure." Education of the Poor. 2$ N this country we possess many cha- ritable endowments for the instruction of the Poor; not only providing a great part of the means required for a general system of Education, but supplying important infor- mation as to the application of them ; and affording experimental proof, that it is es- sential to the general and extensive utility of all such establishments, that those em- ployed in them, should have an interest in their extension and utility. If the Masters of all our Charity Schools had 'had an in- creased advantage, in proportion to the number of Children properly taught, there would have been very little occasion for Parliament now to discuss the Question of the Education of the Poor. The funds and endowments which we possess, are, in many instances, more than adequate to the ge- neral object. i IT is with the greatest pleasure that I refer to the honourable and patriotic con- duct of some gentlemen of the Parish of AVhite-Chapel, in preparing to extend the Charity-School in that Parish, with the improvements of Dr. Bell, for the benefit J-i Provision for the of o// the children of their Poor ; and 1 have still more pleasure in adverting to their liberal and benevolent expectation, of making their funds adequate, not only to the Education of all their own poor, but to the extension of the benefits of their Charity far beyond their parochial limits. Many and large endowments of a similar kind exist in every other part of the King- dom ; and if the same benevolent spirit should actuate the breasts of other Trus- tees, a great part of the expense and diffi- culty of providing for the Education of the English Poor, would be supplied from funds already existing. AFTER these general remarks, I proceed to consider that part of the Bill, which ap- plies to the EDUCATION OF THE POOR. It enacts that, within a year from the pas- sing of the Act, a sufficient number of Schools shall be provided in England and "\Yales, for the Instruction of the Children of the Poor: and with this view, that suffi- cient Buildings shall be erected, purcha- sed, or hired in every Parish ; and that the Education of the Poor. 25 Minister, Churchwardens, and Overseers, shall make a Report upon the subject to the Vestry ; which, if approved by them, shall be laid before the Magistrates, for their approbation. If disapproved by either of the parties, it is to be returned, with- a statement of the grounds of disapprobation. -In default of such an approved Report, the Justices are to have power, to order suitable Buildings to be hired, purchased, or erected, for such Schools, under certain limitations. A similar Report is to be made as to the appointment of Masters, and Salaries, and as to the establishrtient of Regulations for the Schools. In these Schools, certain poor children are- to be taught, free of ex pence, for the space of two years, between the age of seven and fourteen* and other children are to be admissible on weekly payments. The Expenses of the Schools are to be paid out of the Poor's Rate : and there are clauses in the Act, enabling two or more parishes to unite in forming one School ; and permitting small parishes, in lieu of establishing any School, E 26 Provision for the to place their poor children in Private Schools. SUCH is the general outline of this part of the Bill : as to which, the first subject of consideration that occurs, is whether, and how far, it gives an opportunity of making use of our present Schools ; so as to render them subservient to this national object, either under the direction of their present Trustees, or under any other authority. For example, in the case of the parish of Wbitechapel, whether their being already in possession of a school, which they are now making competent to every desirable object, that Parish is still to be liable to the expense of erecting, purchasing, or hiring the Schools directed by the Act ; just as an opulent parish, where, with a popu- lation of 63,000 inhabitants, there may be a provision for the Education of only a hundred Charity Children : or, upon suppo- sition that the Trustees of the Whitechapel School were not paying so conscientious and honourable an attention to their duty, whether it would be required, that a new Education of the Poor. 2? establishment should be formed by the parish, at a large expense, and the present trust, with an abundant and improving in- come, should be left in a state of useless inactivity. I SUBMIT these considerations, with a view of suggesting, that a constituent and essential part of any plan for the general Education of the English Poor, must be the bringing usefully and effectually into action, all the present Charity Schools, and all other Schools for the Poor, within the Kingdom. By such a measure, an immense Parochial Charge will be saved ; and, which is of more importance, the general object will be speedily and effectually obtained, especially if the whole can be so arranged, as to give the Masters and Conductors of those Schools a benefit in their extension and utility, in proportion to the capacity and attention which they shall apply to the general object. IN the proposed Bill, I have not been able to discover any reference to the pre- E 2 28 Provision for the >cnt existence of any Schools, or School Endowments, in any part of the Kingdom ; nor, which is still more essential, any in- ducement offered to the "Masters, to en- deavour to extend the benefit of Educa- tion, diffusively and generally to all the Poor, The Master's salary and advantages are to be fixed ; and whether he teaches three, or three hundred poor children, no difference as to his recom pence is discover- able on the face of the Act. I know it raay be said, that the attention of the Overseers, the liberality of the Vestry, and the justice of the Petty Sessions, will be awake to extraordinary merit, and prompt to reward it. But twenty }'ears experience as a Magistrate, has taught me not to ex- pect more than solitary and extraordinary examples of such attention ; and it must be obvious to the most careless observer, that rare, distant, and uncertain rewards \vili never produce general or permanent effect on conduct. I HAVE therefore no hesitation instating, that nothing will give full and complete Education of the Poor. 29 effect to this measure, without certain, and immediate recompence to the Masters, in proportion to their attention and success : and, with such an advantage before them, I have no doubt but that the Masters and Trustees of the present Charity Schools will gladly and earnestly unite in giving their assistance, so as to produce great and powerful co-operation. THERE is another circumstance, that occurs on the perusal of the Bill ; that the Children of the Poor are to be taught gratis in these Parish Schools, while the Master is to receive a stipend for instruct- ing the other Children who attend. Can any one suppose that, under such cir- cumstances, the Children of the Poor will have adequate justice done to them ? and that the same attention will be given to the Paupers, for whom no payment is made, as to the Children of the Tradesman who pays for their education ? Is it not obvious that it will be the interest of the Master, by neglect and seventy, to drive from the School these unprofitable pupils, and to 50 Provision for the replace them with those who are really profitable ? Ix what I am stating to your Lordship, throughout this Letter, I am aware that I am again and again repeating, what has been again and again stated, in the Re- ports of the Society for bettering the Con- dition of the Poor. I must take the liberty, however, to proceed ; feeling as I do, that a mere reference to those Reports will not be always clear and intelligible; nor will it apply, with any power or effect, to the points under consideration. IT appears to me that, in order to unite the Master's interest with his duty, every Scholar in these Schools should be individu- ally paid for; so that the Master, having only the retainer of a small salary, should feel that the profit of his situation depends on his capacity and assiduity, and on the effect with which they are applied. The payment for the schooling, ought to be cer- tain and unvaried ; the same for the poor, as for the rich. Suppose it to be a shilling Education of the "Poor. 31 a month, always paid in advance ; and that the salary of the Master is 0/. a year. If he have only twenty scholars, his income is 321. a year ; but if, by exertion and talent, he obtains two hundred scholars, the benefit he may produce, will be very considerable, and his income will be very considerable also. It will amount to 140/. a year. Upon this plan, it would be the interest of the Masters of our Charity Schools, to make their Endowments extensively useful ; and Parishes would, in a great* multitude of cases, avoid the expense of purchasing and fitting up the Schools, and hiring the Mas- ters. The whole cost of the Education of the Poor would, in many cases, be confi- ned to a trifling monthly payment, either supplied by the Overseer, or ordered by the Magistrate. At the same time, the object in view would be effectually obtain- ed ; as it would become the interest of the Master so to execute his duty, as to make all the Poor of the parish desirous that their Children should attend and be taught by him. 32 Provision for the I HAVE asserted, on a former occasion,- that there is no more objection to a payment of three-pence a week, for the mental and moral improvement of a child, than to the payment of ten times that sum, for its bodily food. To me there seems to be an advan- tage, in instruction being thus supplied ; not only because the child of the poor man enters the School, as one for whom the same price is paid as for others ; but that the discretion left in the Overseer, under the direction of the Magistrate, removes a very questionable part of the Bill ; which, by the very narrow ground* it takes, ex- cludes children in a variety of instances, where they have a claim to the benefit of public instruction, not only on their own account, but on the account of the public. As to the Parochial Reports, which are to be made on the arrangement of the Schools, another observation occurs. A general system of Education for the Poor of any country, should be uniform and sim- * See Section C. Article 1 1 . Education of the Poor. 33 pie ; but that, which is proposed by the Bill, would vary essentially, in every dif- ferent part of the kingdom. The variations would be excessive and capricious. The difference of the rate and measure, by which the inestimable blessing of moral and religious instruction would be dealt out to the Poor, in the various Parishes, &c. would depend on the turn of mind, the habits, and the character, of the Over- seers, Vestries, and Magistrates, in the different Counties. A Plan like this would not possess the features of those wise and successful laws, which were established in Scotland and New England,* for the gene- ral extension of Education ; laws, which fix- ed precisely the limits of duty, and marked those parishes to be punished as culprits, in which this duty was neglected. UPON the subject of the " POOR'S FUND," I would avoid the suggestion of any objec- tions, but such as can be stated clearly and * See note in p. 63 ; and the Reports of the Society, vol. iii. App. p. 63, F 34 " Poor's Fund" its Objects. distinctly. Remote and metaphysical cal- culations of consequences, I shall put out of the question ; submitting to considera- tion only a few of those common and obvi- ous remarks, which might occur to any one on the cursory perusal of the Bill, and which may be made familiar to every reader, IN the first place, if this part of the Bill is to operate to any effectual purpose for the general Improvement of the Poor, it must be presumed that a certain propor- tion of the Labouring Class will take ad* vantage of the offer thereby made them : for we are not to imagine that the remedy -will be in the nature of a charm, which is to produce any effects, unless it should be ac- cepted. Let us then suppose, that, from the Labouring Class in this country, a remit- tance of some part of their savings shall be made by one person in twelve ; a propor- tion as small, as would be compatible with any considerable degree of effect from the measure. THE number of the Labouring Class- who " Poor's Fund" its Accounts. 35 would be objects of the " Poor's Fund/' would probably amount to about six mil- lions, exclusive of the Army and Navy ; and also exclusive of Scotland and Ireland, as to which it does not appear from the Bill, whether they are comprehended in this part of it, or not.* Calculating, however, upon six millions only, it will follow, that there must be half a million of accounts^- opened * As the expenses are to be paid by tbe Treasury out of the Consolidated Fund of Great Britain, it should appear to be a measure of Great Britain ; but other parts of the Act are confined to England and Wales. This should be ascertained. f- IT may be said, I have over-estimated in this instance ; and (which I do not admit) that the numbers estimated should be of heads of families. But in proportion as all other persons are excluded, and there is a diminution in the number of those who, out of a population often mil- lions, accept the offer made by this Bill, such will be the diminution of its effects. Upon the population we pos- sess, small numbers will hardly be a subject of attention. Let us, however, ..suppose that these accounts shall be only a fifth part of what I have here stated, and let a banker's opinion be then taken, how these hundred thou- sand paupers' cash accounts are to be dealt with. 36 " Poor's Fund" its Accounts with poor persons in different parts of Eng- land. The Office will then, if the measure succeeds, have 500,000 labouring persons to correspond with, and to receive and re- mit monies to and from, in FOURTEEN THOUSAND* PARISHES, &c. in England and Wales. IN an ordinary Banking Concern, one thousand different accounts are reckoned sufficient to occupy the attention of a large establishment of Clerks. It is said that a Banking-House in the city, at one time, boasted of having kept, and without irre- gularity, the banking accounts of 3000 persons; and it is supposed that in the Bank of England, the number of Cash accounts (that of Dividends being a dif- ferent concern) is more numerous. But then it should be considered, that these are accounts of persons who can write and * THE number is, in fact, not much under 15,000. There were 14,611 Parishes, or Places, wjiich made separate Returns respecting the Poor in 1603. Some lleturns were wanting. and pecuniary Transactions. 37 read, most of them resident in the neigh- bourhood, known in character and situa- tion, capable of being referred to, and fre- quently attending the office in person. BUT, instead of 1000, or if your Lord- ship pleases 3000 accounts, endeavour to extend your imagination to the cash ac- counts of 500,000 persons; remitting and receiving trivial and broken sums, most of those persons not able to write or read, all of them (with very few exceptions) in dis- tant situations, unknown to the Office, un- used to pecuniary transactions, your Lord- ship may then in part conceive, but it will be absolutely impossible for anyone entirely to anticipate, the labyrinth of difficulties, in which the conductors of the proposed Office must be involved. I WILL presume that very strict Regula- tions shall be made to prevent fraud. We all know by experience that, in complicated transactions, no Regulations are competent entirely to exclude it : And we also know that no very strict Rules can ever be made, 35 " Poor's Fund" Cases of Fraud. and adhered to, without some inconveni* ence and injury to the parties concerned. J will suppose that, in the course of a year, there shall be one case in a thousand, where fraud is not prevented ; and one other case in a thousand, where some party is prejudiced or inconvenienced by the attempt to prevent fraud. Here would be 500 annual cases of fraud practised up- on the .Fund, and 500 more of injury done to the objects of the Fund ; and (where the parties are so numerous, so distant, and so unknown) no practicable means could be generally adopted, for making either a criminal investigation of the former with a view to exemplary punishment, or of the latter with the desire of equitable com- pensation. I am aware that, in order to ascertain facts in many cases, the aid of the Minister, Church wardens, Overseers, and Country Postmasters, to the amount of about 70,000 persons in the 14,000 parishes, &c. in the kingdom is to be called in. But they are likewise, many of them, distant, unknown, not entirely uninterested, frequently chan- ging, and so numerous as to require others 'Remittances by Post. 39 to come forward to describe and identify them, in most of the transactions which they may have with the Office. AGAIN these communications are to be sent by the post, free from postage, being marked as the remittance of money to or from the " Poor's Fund. ' Now, therefore, let us consider the security of the convey- ance. We receive by public advertisement, from time to time, instructions as to the manner in which Bank-notes shall be cut in two, so as to secure the receipt of one part, before we adventure to transmit the other. We may therefore suppose, even if we had not acquired experience at our own cost, that the transmission of Bank- notes by the General Post, is not entirely free from risk. Who then is to sustain the loss ? Is it to be the pauper, who has re- ceived a public invitation to take what is called the benefit of the Act ? Is he to lose what he has hardly earned, and hardly saved, by joining in a transaction, the ob- ject of which is to better his condition ? And will the conveyance be more secure, 40 and these robberies less frequent, because the letter is marked on the cover, as in- closing the money of an unknown labourer, by whom no prosecution could probably be instituted, to convict and punish the thief? BUT, if the poor man is not to undergo the loss, is it to be paid by the Office ? and what kind of evidence, from unknown parties and distant counties, is the Office to require ? If the failure is of money re- mitted to the Office, the first intelligence would be by a letter, from a distant and unknown correspondent, requesting an ac- knowledgment that his remittance made to the Office, under the late act, had been duly received. If, on the contrary, it is of money arising from Dividends or from the sale of Stock, months sometimes would intervene, before the poor man would ad- dress himself to the Office ; and anxiety, vexation, and suspicion would agitate his mind, while he was informing himself, how to make his inquiry. Thus would the Office aggravate its pecuniary losses by the how to be made good. 41 loss of credit and reputation ; and though not exempt from fraudulent imposition, though " more sinned against than sinning," would undergo with the most numerous class of individuals in the kingdom, the imputation of knavish and dishonourable conduct. At the same time many of these losses (all ultimately to be made good by the Treasury) would not come into the estimate of the five hundred annual losses above stated ; because they would not be cases calculated, as one in a thousand upon actual remittances : for, if we may judge by the history of swindlers given in the daily papers, frequent instances would occur of money fraudulently claimed by those, who had never made any remittance at all. IF the loss is not to be paid out of the " Poor's Fund," or sustained by the la- bourer himself, is it to be made good by the Post-Office ? Can this be admitted in a case where all the letters are to go Post-free ? And where an addition to the trouble and expense of the Post-Office is o 42 " Poor's Fund," Remittances to be made, not without only an increase, but with a diminution, of the income of the Office; as it is well-known, that no exemp- tion from postage ever existed in this country, without some abuse ; very trivial perhaps in the detail, but of magnitude in the total. And would it be the duty of Ilia Majesty's Ministers to support a Bill in the House, when the public revenue is to be prejudiced, its charges increased, and at the same time its funds made responsible for all the miscarriages, losses, and frauds, that may occur upon remittances, or alleged remittances, from families, com- posing more than six millions of the la- bouring class in England ? THERE is another very obvious difficulty. The Dividends are to be remitted, when- ever they amount to, or exceed, ten shil- lings; and it will hardly ever occur that they will be exactly twenty shillings, two pounds, or the precise amount of a Bank Note. Unless therefore you suppose, that the Bank is to establish an office for issuing notes of the exact amount of broken Sums. 43 of the odd shillings, pence, and farthings, which these remittances under the Act would require, they must be made in silver or copper coin; or in Bankers* bills, if Bankers should think it worth their while to issue them, and the Poor should be satis- fied with the security, BUT, if the Poor would be satisfied with the security ef Bankers' Bills, a very easy and unexceptionable way of attaining all the benefit that is proposed by the " Poor's Fund," without an}' of its objectionable and intricate machinery, would be to adopt the practice, that has for some time back existed, among the Bankers in Scotland. Any labourer or servant may carry his sa- vings to the next Bank, and receive an indorsable note for the amount, with four percent, interest, payable on demand; and if the note is lost or burnt, they seldom find any difficulty in receiving the amount, on explaining the manner in which the note has been lost, and rinding that kind of se- curity, which no honest man has a difficulty in obtaining. The Bankers lend their as- c 2 1 j* " Poor's fund" in Scothuid. sistance to this plan, not so much for profit, as on account of its affording the means of encouraging industry and prudence among their poor neighbours, and of conciliating their good will ; and they allow that rate of interest, which, it is generally estimated, a prudent and attentive Banker may make of cash in hand, after paying the expense of management, and securing against the risk of loss. IN that case, the computing of interest is a simple operation, resolved immediately and satisfactorily, by the common tables of Interest. In the case of the " Poor's pund," where only one stock account would be kept, the calculating and apportioning of the monies arising from sales and divi- dends, many of them trifling, and all of them broken sums, and the remitting and obtaining discharges for them, would create a com plication of the greatest difficulty and risk ; and that, in money concerns, where no general satisfaction could possibly be given ; as the parties to the transaction would be the poorer and more igno- " Poor's Fund," next of Kin. 45 rant class of persons, in the 14,000 pa- rishes, &c. in England, possessing no habits of business, nor any knowledge of the world, to remove suspicion, and induce confidence. IT should have been ascertained, what is to be the situation of the next of kin, in case of the death of any of the parties. Is the poor Widow or Orphan to be driven, to take out a regular administration, and to transmit the original or an office o copy, in order to receive some petty ba- lance, or trivial sum, due to the deceased from the Office ? Or is the Office to take upon it the functions of the Ecclesiastical Court, and, in the case of six millions of Poor, to decide all the questions of next of kin ? In the last supposition, the loss to the Office would be considerable : in the first, the hardship upon the Poor would be intolerable. WHAT I have written, is founded on the supposition of the success of the " Poor's 46 " Poors Fund," probable Success. Fund/' It presumes that this measure, which the Legislature shall have provided for the improvement of the Condition of the Poor, is thankfully accepted by them ; in the confidence that Parliament would never offer them as a boon, what might prove to them a very serious injury. But, at the same time, I entertain great doubts, whether all the eloquence of both Houses would ever be able to inspire them with that confidence ; and my own experience of the English Cottager, whose character o o * I have studied attentively for above twenty years, induces me to believe that such a confidence never would be obtained. If, however, we can suppose that the Poor may be naturally inclined to accept the offer, it will be obvious, that those who would have the most influence with them, I mean country bankers, attorneys, shopkeepers, and alehouse-keepers, will have a personal interest that a, Plan shall not succeed, by which their influence with their poorer neighbours, and their profits from their earnings, would be diminished; and I need " Poor's Assurance" considered. 47 not state to your Lordship, that persons So situated, and so interested, will find no difficulty, in instilling into the minds of their poor and ignorant neighbours jealousy and suspicion, which would not only de- feat this, but, in the consequence, would affect the success of any other measure respecting the Poor. To the proposal for the " POOR'S Assu- * ; RANGE," the same considerations as have been suggested on the " Poor's Fund," will in a great part (if the measure should succeed) be applicable. Similar difficulties from the number and complication of the ac- counts, from the situation of the parties, and from a variety of other unfavourable circumstances, may by analogy be expect- ed to operate on the Fund for the " Poor's " Assurance." There is no circumstance to diminish their effect; there are many to increase it. The parties being distant, un- known, and of a character and local situa- tion to elude inquiry, would operate much more powerfully when it was a transac- 48 " Poo;-'.-? Assurance," Regulations tion of Insurance, than as in a simple Cash account! TII E Insurance Offices can inform us, that with a hundred eyes awake to every point of interest, with several hundred agents dispersed over the kingdom, and dealing with characters known in the world, they have never succeeded in the prevention of imposition, though secured by all the ad- vantages, that personal examination and medical skill can afford. What then must be Ihe consequence when the Poor of J 4,000 parishes, &c. apply as a matter of right, sanctioned by Parliament, for the benefit of the National Insurance-Office? Is there any variety or amount of Fraud, that may not be attempted ? Is there any degree of official inconvenience, to which the par- tics, by regulations calculated to oppose that fraud, will not be subjected ? Will it be enough to say, that the extraordinary necessity of the case will produce strong means, to repel the attempts of the knave and the swindler? To enact a Law, which existence and activity to the knave to prevent Fraud. 49 and swindler, and which enables him to make successful depredations or even at- tempts on the Publick, is to become an ac- cessary before the fact, and to participate in all the crimes that may attend the measure, and all the profligacy that may be the con- sequence of it. BUT to proceed to those circumstance*, which are peculiar to the " Poor's Assu- rance ;" we shall find that the Bill directs that a poor person, desirous of taking the benefit of this measure, shall make his proposal, annexing affidavits of age, health, and peculiar circumstances of constitution, sworn to by himself and his medical atten- dant ; and then enacts that, " in case any " such proposal, or affidavit, shall contain " any untruth or misrepresent at ion, the as- " surance shall be void, and the money *' forfeited/' Now, we may readily sup- pose that a knave or a swindler, who un- derstands his own trade, may venture, not- withstanding this Clause of Forfeiture, to make his application to the Office. But the simple, honest labourer, who has with ii 50 " Poor's Assurance" great exertion earned andlaid-by a pittance of money, how will he reason upon this Clause? He will find, that the terms of Insurance are to be calculated in the ordinary way, by what the Act affects to call an Actuary ; not professing (as all other Offices do) to give any extraordinary advantages to the insurer ; nor offering, what they all afford, the assistance of their agents in country towns in preparing the papers ; but requiring the labourer to pro- duce his own proposal and affidavits ; and then informing him of the forfeiture, in case of error on his part. Will not the cottager naturally say, This Assurance does not offer me greater, nor even so great benefits, as any other office ? It gives me no aid in my application : and yet it tells me that if, in the papers sent in, either I, or even my apothecary, shall happen to make a mistake, I lose both my assurance and my money : for it is curious to observe, the Act docs not say, If I, or my medical friend, make a material and wilful misre- presentation ; but if there is any untruth or misrepresentation whatever, in the proposal Principles to be adopted. 51 or affidavits, I forfeit my assurance and my money. Who would be likely to ap- ply to the Office under these impressions; while it does not even affect to offer in the prospectus of the terms, a tithe of the advantages, that would glare in the front window of every shopkeeper, in the ac- count of the Office, for which he was the accredited a ' nty. I WILL not lengthen what has already been too much extended, by going into the detail of all the Clauses of the Bill. But I will only observe generally, that it should be a principle, not to vary any part of our System as to the Poor, unless for some real and solid advantage. There is a consider- able inconvenience in every change of our Poor-Laws ; inasmuch as it disturbs the decisions of the Courts, which at a con- siderable expense have settled the Law as it now stands ; and in respect that it un- settles and embarrasses the mind of the Cottager. Such is my objection to those Clauses in the Bill, which make a small and trivial variation in the Law, or enact, in other words, what is already in the Statute Book. I TRUST that the honourable and respect- able Proposer of this Bill (for, though I do not know him, 1 highly respect both his Board of Commissioners for Education. 59 public and private character) will be of opinion, that, in a measure in which the interest of so many persons is involved, and of persons who cannot come forward and plead their own Cause, it is much better that difficulties and objections, if there are any, should be anticipated and considered; rather than that they should rise in every embarrassing and alarming form, after the measure has once passed into a law. IF, upon examining the Act, we shall find that the expense of the Board of Com- missioners for the Poor's Fund and Assu- rance may be dispensed with, I should hope it may be transferred, where it will be much wanted, to the great and important con- cern of EDUCATION ; and that a Board may be established, to which returns on the subject of Education, shall be address- ed and required from the different Parishes of the Kingdom ; and which shall have power to watch over and enforce the exe- cution of the Act, and to assist the success of the measure. A Board so constituted, and made respectable, might be of great i 2 00 Advantages of such a 13oard. collateral use in the examination of any measures, which the fancy and poetical imagination of politicians might invent, for the melioration of the Poor-Laws. To such a Body might be referred the previous in- vestigation of the various experiments, which Theorists are incessantly desirous to make on the comforts and condition of the Poor. And (which would be of infinite service) to such a Board might be referred the mass of useful information, which en- lightened and disinterested men, in the dif- ferent parts of the Kingdom, arc perpetually supplying on the subject. The study of this most important science would no longer be cpnsidercd as a matter of casual and desultory speculation, but of experi- mental and practical knowledge ; and would be placed in that elevated rank, to which it is so justly entitled. Ix Mr. Pitt's Bill, your Lordship will recollect that, whatever doubt might have existed as to some Clauses, there were parts deserving of the most unqualified commen- dation. The arrangement of the Reference to Mr. Pitt's Bill. Cl Petty Sessions, and the Regulation that all Contracts for farming the Poor, should be subject to their approbation, the Paro- chial Funds for the Sick and Aged, and the Clause which enacted that no Subscriber to that Fund should ever be subject to re- moval for temporary sickness, or for the assistance incidental to it, the relief grant- ed in certain cases to persons having pro- perty, and the equitable limitations, which that great Man adopted, to prevent fraudu- lent settlements acquired by nominal resi- dence, all marked the extent and capa- city of his mind. If the honourable and respectable Member, who has proposed the present Regulations, had attended fully to all the points of Mr. Pitt's Bill, he would have enjoyed the opportunity of increasing his own veneration, and by his eloquent testimony of renewing and perpetuating our gratitude, to the memory of the GREATEST STATESMAN that this Country ever possess- ed ; to the memory of a PATRIOT who, in {lespight of external hostility and domestic treachery, preserved entire and uninjured 6$ Conclusion. the British Isles, while Empires mouldered around them ; and, by a disinterested Sys- tem of Finance, is, at this moment, the one individual, to whom Britain is indebted, and will, I trust, be for ages indebted, as the Friend, the Guardian, and Protector of his Country. With united sentiments of affection and respect, I remain, My dear Lord, your Lordship's obliged and faithful Servant, Vv-impole-strcet, TlJO s . BERNARD. April 18, 1807. The Hon. and Right Rev. The Lord Bishop of Durham. Note to Page 8. THE making of Residence, singly, a Qualification for a Settlement, would lead to a variety of experiments of fraudulent Settlements. Mr. AVeyland has noticed one, which I shall state as an example. " Suppose " the Proprietor of a whole Parish to possess or pur- " chase Cottages, or Ground on which to build Cot- " tages, in the adjoining District, it would be in his " power to move his own Paupers into these Cottages, " and, after five Years of Residence on their part " and of Relief on his, to leave them a permanent " burthen on the adjoining District. Ten such Cot- " tages might, in twenty yeajs, saddle a Parish with " forty additional Paupers, and their Families." This is one instance. The industry and ingenuity of Country Attornies, and of Parish Officers, would supplv many ; which, though they might savour of Fraud, would yet be safe from the Letter of the Law. Note to Page 33. BY the Scotch Law, a Rate is to be raised for estab- lishing and maintaining Schools; which are to be settled in every Parish, and Schoolmasters appointed, by the advice of the Heritors and Minister of each Parish. For that object, the Heritors are to meet, and provide a commodious House for a School, and fix tilt- Schoolmaster's Salary, within certain limitations ; tlx- charges are to be defrayed by the Ueriiors and Lif< ; - 64 renters, according to their valuations, they being intitled to Relief as to a Moiety from their Tenants. If this duty is neglected, the Commissioners of Supply have power to make such Orders as will be effectual for the pur- pose ; the Heritors being liable to a Penalty in default or delay of Payment, and being intitled to an Appeal if unequally charged. J. BRETTELL, Printer, Marshall-Street, Golden-Square, I II I I. I 1158010947272 A 000090814 5 UNIVERSITY OF CALIFORNIA LIBRARY Los Angeles This book is DUE on the last date stamped below. NO WAR RENEWALS STACK