SCOTCH POOR RELIEF REGULATION BILL. (Hansard, 26 April 1819)

Mr. Kennedy

rose to move the order of the day, for the House resolving itself into a committee on this bill, and said, that the House had hitherto indulged him by permitting the bill to advance to the present stage, without any statement of its object or of the principles upon which ' it was founded. He had abstained from saying any thing from the state of the House, when it was read a second time, but he had now some cause to regret the course he had followed, because the subject was one of a most delicate nature, and such as could not fail to excite great interest in that part of the empire to which it immediately related. It was a subject on which it was of peculiar importance, that any one who ventured to make a proposition to the House should not be misunderstood. It was essential that a true view of the intentions in which the measure originated should go forth to the public,—that the public mind should not be permitted to remain in error. He hoped the House would bear with him While he stated as briefly as he could, the object and the bearings of the measure which he had presumed to introduce to their consideration; and which he hoped might not be altogether uninteresting in reference to the difficulties which the same subject presented in England. The measure had been in his contemplation for some time, and about two years ago, when he had not the honour of a seat in that House, an hon. and learned friend of his had given notice of his intention to bring it forward; but the committee on the poor laws had then been appointed, and in deference to that committee, not from any change of opinion, that hon. 1470 friend had been induced for a time to abandon it. He felt the responsibility he incurred, and perhaps the presumption which attached to his now bringing it forward, and would have shrunk from the undertaking, but from a conviction that the measure was called for,—that the present was a most critical moment, and that a measure which would now be efficacious, might in a short time come too late. He had resolved, therefore, to run any risk which might be personal to himself, hoping to carry a safe, simple, and efficacious remedy for many evils,—a measure he was happy to say which had received such a sanction from persons Connected with Scotland, and from names possessing a weight of authority which could scarcely fail to secure the ultimate success of the bill, without the utmost probability of which it would not be justifiable to call the attention of parliament to the subject.

It would be unnecessary to set out, by stating any very general principles; such views he considered as settled, that it did not remain for him to argue the disadvantages of poor-rates, or the policy of guarding against them, where they yet existed in a mild form. If there were persons who disputed such propositions, who were of opinion, that poor-rates were beneficial to a people, he could not hope to convince them, where others had failed. He should not discharge his duty to the House, in an acceptable way, were he to do more than detail the peculiarities of Scotland: to make as short and simple a statement, as would justify the measure, which he had ventured to introduce into the House. The hon. member wished, in the first place, to advert to the old law and practice of Scotland, respecting the poor, but that, only, as affecting their maintenance. The ancient statute law of Scotland was loaded by regulating enactments, but, amid all its variety, one principle was discernible throughout, and palpably declared: that parochial aid was applicable only to those who from age and infirmity, from personal inability, were unable to maintain themselves. For this purpose, which was so distinctly recognized, various funds had been provided, but always in such scanty degree, as to be invariably somewhat short of the sop-ply which the wants of nature might require. The great fund relied on was, the collection at the church doors, by the parishioners; some other small contingent 1471 funds were also provided; and, last of all, a power was given to raise an aid from the landed property in the parish, by assessment, but it was always looked to as a last resource; and it is believed, that centuries elapsed, during which such aid was, in practice, almost unknown, although recognized in the statute law at an early period. The idea of right, in the poor, was of recent origin, and, for a very long period, was understood and acted upon, and limited by the principle, that every individual was bound to maintain himself by his own labour, while capable so to do, in respect of bodily health and age, and the parish was only called upon to make up that portion of maintenance which he could not earn by labour, or other lawful means. Unfortunately, that happy and primitive state was nearly gone by; the pride which upheld it, humbled, and that independence of spirit, for which Scotland was so much distinguished, greatly broken. In that respect, the country might be considered as divided into three districts. In the mountainous, and thinly peopled parts, the ancient pride was unimpaired, and nothing better than its present condition could be desired. To such districts the measure contemplated would not apply, excepting as a defence, if ever threatened by a different system. Another condition, was, that of the populous districts and towns, which, almost without exception were struggling against the calamity. To such places the bill would afford the means of arresting its progress, and of a gradual return to a natural state. In the southern part of that kingdom, and in the manufacturing districts, their condition, in respect of poor-rates, was less bad than England only in degree, and the amount was most rapidly on the increase. In such places, the operation of the measure would be, to stop the evil where it now was, and thereby give time for a gradual and safe amendment. The state of Scotland must not be mistaken. The House could not, he hoped, impute to him a disposition to unnecessary complaint; but he was aware, that an opinion had of late arisen in the southern part of the empire, that Scotland in respect of poor-laws had nothing to wish for, that she was fit to be held up as a model in respect of system, and of administration under it. The comparison with England was, no doubt most advantageous, but too much confidence, and an indiffer- 1472 ence to progressive change, would rapidly alter the condition of that country. No one would go farther in acknowledging generally the admirable management respecting the affairs of the poor, for which the country was chiefly indebted to the clergy. In the law of the two countries, the difference was not great, but its administration had been for long most opposite; and the assiduity of the clergy in this duty, could pot be too highly appreciated.

But in the modern practice under the law, the threatening calamity had its origin. Courts of law had interfered, and had perverted the spirit and practice of the old law. A new class of persons, as poor;, had been introduced, by some denominated "the industrious poor;" those persons who, from other causes than bodily incapacity, could not, or alleged they could not, earn their subsistence. Such were those from whom the whole calamity of poor-rates arose, and for whom the law was not destined to provide, in its original spirit, and long continued practice. They were the only class from whom calamity was to be dreaded because their increase was indefinite; those to whom bodily infirmity gave their claim to aid, nature limited in number, and from them, the country never could have cause of apprehension. For a long period, such was the admirable spirit in which the law was administered, that the country was indebted, for an absence of poor-rates, to an ignorance almost of the law that there was law which could be tortured to the purpose of a mischievous relief, where nature did not demand, and policy did not sanction it. Where a relaxation took place, and knowledge was diffused, that knowledge was speedily followed by a disposition to use its powers. He would not enlarge upon the evil of poor-rates, where completely established; the point of importance was, where they were not yet confirmed, and in such cases the evil was, that relief was given where it ought not, exertion supplanted by relaxed efforts of industry. A habit of expenditure was induced, and once having gained ground, could not be laid aside. Such was the objection to voluntary contribution made to avoid assessments; for, although voluntary, if withheld, assessment would be substituted. Those who administer, and, with all anxiety to discharge their duty faithfully, act upon a principle of compromise, admit rather than contest doubtful claims. 1473 Cheaper to compromise for a sum less than demanded, than resist by law, even successfully, demands, which are made only because something may be gained, and nothing lost. Such the state, that those, with the best intentions, act under an apprehension of the law, yield to importunity where every dictate of policy and real humanity would impel to a steady and inflexible denial of relief. Such the state, that compromise is more prudent, because the recent practice of the law has habituated the courts to a profuse administration of funds, for the wise application of which they are the most unfit and incapable sources of authority. And here it was necessary to advert to a peculiarity in the law of Scotland, that a person claiming relief, was entitled to sue for it in formâ pauperis, that he could be subjected to no costs in the event of his claim being unsuccessful and vexatious; but whether that claim were vexatious or well founded, the parish was subjected in great expense; unless it yielded instantly to the demand, it could not be avoided, but by unconditional acquiescence. He could state, that in some parts of the country, this grievance had risen to such a height, that there were persons calling themselves "agents for the poor," who busied themselves in inciting the lower orders to make demands in formâ pauperis. Every chance was in favour of the applicant, and this most mischievous instigator; the latter recovered his expenses against the parish; and in this consisted the temptation to him that he might gain a good deal while he incurred no risk under cover of the claim in formâ pauperis. Besides, the dreadful evil of poor-rates was, that all classes receiving aid were blended under the name of poor; the really necessitous, with the idle and capable; the modest, humble, and in offending, with the profligate, undeserving, and presumptuous, charity was suppressed; it ought to be excited and regenerated. He hoped that parliament would not refuse by a timely interference to infuse a healthful action into the system of that country [Hear, hear!]—It was necessary to advert to the provisions of the law in respect of jurisdiction. It had established a local or parochial jurisdiction composed of heritors and kirksessions in country parishes; of kirksessions and magistrates in towns. kirksessions, somewhat resembling English vestries. This body acted as a jury on 1474 the parochial subject of relief to the poor, and this applicable to funds such as might be termed ordinary as well as where assessments had obtained; but it was an important peculiarity that assessment was imposed by this local body chiefly composed of those who paid it, thus nearly amounting to a self-assessment, and it was most important to observe, that such was the fundamental provision of the law, and those who best knew the interests of the country, and understood this subject, would be most zealous, that this principle should be preserved and fortified. The great evil felt was the control of that local jurisdiction; it was, in some instances, an actual and direct control and interference of judicial authority; in some instances less direct, but in all apprehended if not actual, and such apprehended interference had all the baneful consequences of positive control. Local jurisdiction, acted upon a know-ledge of local circumstances and rights, tempered by justice; on a knowledge of wants and interests of individuals, and of the community. When such jurisdiction ceased to be local, it ceased to be wise. A superior judicatory must act upon a strict rule of law and right, each judge interpreting the law by his own discretion; however, vicious the practice to which he might appeal, necessarily disregarding all dictates of discretion, of policy, or original intent in the law. The public mind was enlightened on this subject, but unhappily such an impulse had been given to pauperism, that the most profound views could not, unaided, impose any restraint upon the counteracting force of demands, made under the perverted practice of the law, which all joined in condemning. The progress of truth could not operate, because still there was a quarter into which it could not be heard, because courts of law could not listen to it [Hear!]. Thus a disgraceful conflict between an enlightened public opinion and a strict judicial duty, acted against the spirit of the old law, and while this conflict proceeded, pauperism and profligacy would step in; and it would be vain to say after that they should ever be extirpated [Hear!]. It was his object to prevent such conflict, to reconcile public opinion and the law, and to relieve the administrators of the law from such an odious duty; to provide that they should cease to be the instruments of inflicting a calamity on the country abhorrent to their sacred stations. Therefore take 1475 away control of local jurisdiction, say that it never did exist in a sound interpretation of the law, and that it never should. As the local jurisdiction was the only sate one, make it final and absolute [Hear!].

This brought him to state precisely the import of the measure. A doubt had arisen how far the interference of a superior judicatory in control of the parochial judicatory was or was not authorized by law, whether justices of the peace, sheriffs, in the court of session could exercise a controlling power upon a sound construction of any statutory provision respecting the maintenance of the poor. There was no doubt that such a power had been exercised, but it had now been called in question, and different judges had acted upon a different estimate of the power residing in them. His object was to engraft a measure upon this doubt as to the existing law and to declare that no such control was founded in law, that no appeal from the parochial jurisdiction was legal, upon two points, 1st, the right to relief, 2nd, the amount of relief where it was granted. The measure would be an enabling statute, putting it in the power of those best qualified to act wisely, and in whom the law had already reposed confidence from the earliest periods, to act in a full exercise of their discretion founded upon the best opportunities of knowledge, and prompted by humane feelings. The existing law and practice was disabling. If this bill ever became a statute, examples of signal benefit would speedily be seen, a happy contrast displayed, and he was persuaded that an universal triumph of genuine over supposed benevolence would be established. Charity would be revived, now almost unknown, liberality unfettered, and all the generous impulses of the human heart permitted to act with discrimination and wisdom [Hear! hear!]. The hon. member here enlarged with warmth upon the happy effects which he anticipated to the lower orders, showing how the measure was one of real humanity, and how superficial those views were which could attribute to it severity, or a disposition to injure or oppress, that the poor would not only be perfectly safe, but that those who deserved it would experience all the kindness which could result from a well directed and discriminating benevolence. He concluded by saying that it was impossible to hope that a perfect system could result from any measure where so 1476 much suffering was inseparable from human nature, but it was of the utmost moment to gain the great general principle to which his anxious endeavours were directed, and there could be no doubt that wisdom and liberality acting under the protection of the law, and not as now, under the apprehension and dread of its impolitic interference, would speedily arrest the march of the existing evil, and mature a practice eminently beneficial to all ranks in the community, but in particular to the humbler classes, whose interests it ought to be the especial care of parliament at all times to guard [Hear! hear!].