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and selfish passions of the human heart.

The attorney-general opposed the motion: he observed, that Mr. Ewart's arguments, if they went for any thing, would bring us to the system of equal distribution prevailing in France; which, how ever, he could not think a desirable consummation. The change proposed would create the greatest possible confusion in our law. By the present law of England the

distinction between real and personal property was universal; and if destroyed, volumes of fresh statutes would be required to meet the cases, and provide for the consequences of such an alteration, and where was the demand for the change? Not a petition had been presented on the subject; not a public meeting called to discuss it. On a division the ayes were 21; the noes 54; the motion was lost by a majority of 33.

CHAPTER IX.

The new system of Poor-Law-Remarks on its Principle-Progressive Extension of its Operation over England-Popular Agitation in op position to it-Report of the Commissioners-Operation of the New System under the severity of the preceding winter-Reduction of Rates-Motion for a Committee of Inquiry on the Subject in the House of Commons-Speeches of Mr. Walter, and Mr. FieldenLord John Russell moves an Amendment on the Motion-Speech of Mr. Harvey, in favour of Original Motion-Contrasted with that of Mr. Hume against it-Various objections urged by Mr. Brotherton, Colonel Sibthorp, and Mr. Robinson-Committee appointed-Mr. Harvey's Complaint of its Proceedings-Report of the CommitteeLord John Russell's Resolutions on the Publication of Unreported Evidence by Mr. Harvey-Report of the Poor-Law Commissioners -Operation of the New System in the Manufacturing DistrictsInstances of Stoke upon Trent, and Nottingham-Introduction of into the Northernmost Counties; and into Wales-Medical Treatment-Relief to the Aged and Infirm-Attendance on Public Worship-Bishop of Exeter's appeal to the House of Lords on this last point-Suppression of Mendicity-Question of the right of Publication of libellous matter in Parliamentary Documents-Action at Law against Messrs. Hansards-Lord Denman's Direction to the Jury— Resolutions of the House of Commons thereon.

THE great achievement of the

to the government, is the passing of the act for the amendment of the English Poor-laws. This is their true Reform Bill; and if the measure more distinctively so called, possesses any real value, it is chiefly as having paved the way for the passing of the other. We doubt whether, under the old system of representation, Parliament would have felt itself strong enough

in its hold on public opinion, to

order so wide spread and inveterate. It may be questioned, too, whether any party but that which has habitually assumed to itself the advocacy and vindication of popular rights could safely have brought forward a measure so open to misrepresentation in its apparent interference with them. Perhaps, too, had there been at the time any other than a conservative op

position, the progress of the bill would not have been so easy; if it could even have taken place at all.

In speaking of the new Poorlaw as a measure of extensive national benefit, we look first, and chiefly to the interests of those who are more immediately the subjects of its operation. It is its tendency to raise the sentiments, and better the condition of the labouring class, that gives it its principal value in our view. The diminution of the burdens which the former system imposed on the resources of the class of landholders and farmers, though, of course, an important, is comparatively a very subordinate consideration. The sanction of property itself exists only for the general good; and if it could be clearly shown, that a different distribution of it would better promote that object; the private interests of any particular class of persons should surely not be allowed to stand in the way of it. But all general reasoning, as well as all actual experience, evinces that the former system of Poorlaw administration in its ultimate effects only aggravated and extended the wants which it was its object to relieve. Its tendency was progressively to absorb, not merely the resources of charity, but the funds of productive industry; and if pushed to its extreme consequences, the ruin of the proprietor and capitalist, would only consummate the general misery of the labouring classes them selves.

All great social changes, however demonstratively beneficial in their consequences, entail much individual suffering. Therefore, it was no sufficient argument against the adoption of the new system of VOL. LXXIX.

Poor-laws, that it could not be effected without the infliction of considerable hardship upon the generation that had been brought up under the old one; but assuredly, this consideration afforded the strongest motive for taking every possible precaution for lightening

the

necessary pressure of the change; whether this has been done to the degree in which it was desirable, may be made a matter of serious question. The alteration was certainly as sudden as it was entire. No doubt, some considerable inconveniences would have resulted from the adoption of a more gradual and distinguishing method of proceeding; but it has not been made clear to us, that some such ought not to have been resorted to. Had an exception to the rigid application of the new law been made in favour of those who had married under the old one, the provision would, perhaps, have been no more than what justice required.

In the meanwhile, the new system has been steadily extending itself over England; and with less obstruction from local interests and prejudices, than could well have been anticipated. It appears from the last report of the Commissioners, that up to July 1837, of 13,433 parishes, or townships in England, no less than 12,132 containing a population of above ten millions and a half, had been united under the provisions of the act; the number of those not yet included, amount therefore to not more than thirteen hundred, with a population of about two millions and a half. In Wales, of 1,049 parishes, only twenty-eight remained not yet united. Those which were not yet brought under [K]

the new system, consisted generally of certain extensive and populous parishes, administering relief to the poor under local acts; of a few others united for rating and settlement; a more numerous class included in the unions established under Gilbert's Act, and a certain number of townships and parishes so intermixed with these unions, as to be incapable of being united with any other.

It was observed in the report, that this progress had taken place in the face of much resistance, and under the pressure of very difficult circumstances. But it appeared from the report, that these obstacles had not been so considerable as might be supposed. The opponents of the law had acted on the principle of agitation; and availing themselves of the effect of public meetings, they had appeared to those who had not the opportu nity of knowing the real facts, both to outnumber and outweigh the body of its supporters. This, however, would seem not to have been really the case; over a large part of England into which the law had been introduced, the great majority of the persons interested in its operation, entertained opinions decidedly favourable to the principles of it; and even in the districts where opposition had been loudest, the educated classes had, for the most, been in favour of it, though intimidated from the public expression of their real opinions.

The account which the report afforded of the practical operation of the law in the habits of the poor, was quite as favourable as could have been expected. The rural unions throughout the country, had been tried by circumstances of a very unpropitious na

ture. The heavy and continued fall of rain during the autumn, was not less injurious to the labourer than the period of snow which followed in December. Yet notwithstanding the pressure of these circumstances it was thought necessary to carry out the principles of the new measure, in steadily refusing relief to able-bodied applicants, except as inmates of the workhouse; and the number of those who consented to become such, continued to be very inconsiderable.

Some instances of the operation of this test, we shall select from the report of the commissioners. On the fifth day, after the setting in of the snow in December, no less than 149 applications for relief were made to the board of guardians for the union of Cuckfield in Sussex: to a few of these, as cases of urgent necessity, a trifling relief was given in flour; but the workhouse was offered to 118, of whom only six accepted it. On the following board day, the applications were sixty; to all of these, the workhouse was proffered; five only consented to come in; of these, three, on being set to work on the corn mill, left on the second day.

The total number of able-bodied men in the Cuckfield workhouse during the snow, was twenty; and fifteen of them had left it by the middle of January.

Many unions in Sussex, however, did apply for permission to suspend, under the unusual severity of the season, the prohibition of out-door relief. The commissioners in general, felt it necessary to refuse their sanction to such relaxation. They urged, that the adherence to the workhouse system, under such circumstances, was essentially

protective of the real interests, and happiness of the labouring classes themselves. They pointed out that in the districts in which happily the number of labourers does not exceed the demand, and where consequently the wages of a labourer employed for broken and uncertain periods, are sufficiently high to maintain him through such part of the year as does not afford constant occupa tion, the practice of giving an able-bodied labourer relief out of the workhouse, was a direct bounty on extravagance. The certainty of parish support at his home, would extinguish in his mind all motive to provide for the winter, by husbanding his summer earnings.

Accordingly, the system of confining the relief of the able-bodied to those only who would submit to the discipline of the workhouse, was, for the most part, strictly adhered to, and, in general, with little complaint on the part of the pauper, and no apparent aggrava tion of their privations.

It was clear, indeed, that the new system had so far operated on the practices of the farmers them. selves, that permanent employment was given to a much greater extent than formerly. The very decided diminution of charge which it presented over the old one, of itself enabled them to afford this. Nothing can be more striking than the result of the change in this point of view. It appears, from a table drawn up by the commissioners, that, including returns from 4,082 parishes, with a population of 2,722,349 souls, the average annual expenditure in these, on account of the support of the poor, had been reduced from 2,189,810., to 1,187,346l.; or

about forty-six per cent. on the whole.

Important as is this result, it would afford little matter for congratulation were there reason to suppose it had been accomplished at the expense of the privation and sufferings of the poor. Upon this subject, of course, much difference of conclusion, and considerable contradiction of statement would exist. With a view of enabling our readers to form some opinion of this controversy, we shall subjoin an abstract of the debates which took place in the House of Commons on Mr. Walter's motion for a committee to inquire into the operation of the act. We may here remark, that this gentleman was by far the most formidable of the opponents of the new law. He is the proprietor of the Times newspaper; and the whole energies of that powerful publication, have, from the first passing of the bill, been unremittingly devoted to the task of exciting the public mind against it. It is, perhaps, the strongest presumption of the substantial wisdom of the provisions of that law, that so potent an engine of attack has been able so little to shake the general conviction in its favour.

Mr. Walter's speech on this occasion was of great length, but neither very clear in its statements or forcible in its conclusions. He brought forward a good many cases of individual hardship, of many of these the details were much disputed; but admitting the accuracy of the statements themselves, of course we can, from instances of this kind, infer little against a system so sweeping and comprehensive as that which they were adduced to condemn.

The origin of the evils which

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