A history of the Irish poor law, in connexion with the condition of the people

by Sir George Nicholls

The principle adopted in the formation of unions in England was considered applicable to Ireland, namely, that the union should consist of a market town as a centre, and the district surrounding and communicating with it. The unions so formed would, it was supposed, be pretty equally distributed throughout the country, and be of a size not materially differing from what had been stated in the Reports to be the most eligible, that is embracing a radius of about ten miles. Some persons had contended for smaller unions, but the smaller the union, the larger in proportion would be the establishment charges; and as the provisions introduced in the house of lords for localizing the rate upon each electoral division, had removed one of the objections to large unions chiefly insisted upon, it would now probably be considered, that in taking the market town as a guide, the commissioners could not be far wrong, since the people who frequent the market would find no difficulty in attending at the union workhouse, whether as guardians or applicants for relief. At the same time however, local interests were not to be disregarded in the arrangement of unions and electoral divisions; but the boundaries of private property, and of counties and baronies were to be observed, as far as might be consistent with the general interest and convenience.

The assistant-commissioners were likewise cautioned as to the sensitiveness of the Irish people, and the importance of conciliating their feelings and gaining their confidence, which would be best accomplished by observing a simple straightforward line of conduct towards them, a scrupulous fulfilment of promises, and not raising or encouraging expectations unless they were pretty certain of being fulfilled. “We know,” it was added, “that the object of the law we are called upon to administer is kind and beneficent, and calculated to better the condition and improve the social habits of the people; and knowing this, we cannot feel otherwise than confident in its application, and earnestly zealous in working out the results contemplated by the legislature in its enactment.”

The assistant-commissioners re-assembled in Dublin on the 9th October, and reported the result of their investigations; and being joined by four others who had been appointed in the interim,[^[88]] the whole question as to the mode of bringing the law into operation was very fully discussed and considered. The assistant-commissioners shortly afterwards proceeded to Cork, Limerick, Londonderry, and Belfast, furnished with full instructions for their guidance in the formation of unions in and around those places, it being considered that clusters of unions so formed would be better protected from undue pressure at the outset, than if they stood singly and isolated. Mr. Earle remained in Dublin for a like purpose. With regard to the formation of unions, the instructions previously given were confirmed, but careful consideration, they were told, would be required in arranging the electoral divisions, as well as in determining the number; for although the commissioners were empowered “to alter the electoral divisions from time to time as they may see fit,” it was important that the divisions should be so formed at the outset as to render subsequent alteration unnecessary. As a general rule the board considered that there should be as many electoral divisions as there were elected guardians, and that the divisions should be all nearly of the same size. There might however be cases, owing to the extent of individual properties or other cause in which this rule could not be observed, and in such cases, the larger divisions might properly have more than one guardian, as in the larger English parishes: but it would be well to deal with such cases as exceptions, and as far as practicable to form the several electoral divisions of the same size, and each to return one guardian.

The townland being the unit, and some townlands being heavily charged with pauperism, while others were comparatively free, it was thought that difficulties might sometimes arise in determining upon the townlands of which an electoral division should consist. Landed proprietors might be naturally desirous of having all their land in one division, unmixed with the land of others, especially where they have taken pains, or incurred expense to improve their properties. The board deemed it impossible to lay down any unvarying rule that would be applicable to all such cases, but considered that the wishes of the proprietor, where the lands are contiguous, should be attended to whenever it could be done without injury or inconvenience to others; and in grouping pauperised and unpauperised townlands together, it should be endeavoured so to arrange the district, as to make the junction as little oppressive as possible to the latter. In Dublin, Limerick, and a few of the older towns, it was thought likely that the electoral divisions could not be so formed as to maintain an equality of pressure, owing to some parishes being exclusively inhabited by the poor and mendicant classes, whilst others were entirely free from them. The board declared that it was “very sensible of the magnitude of this difficulty, which will receive its best attention with the view of endeavouring to devise a palliative, if not a remedy; and it is much to be desired that the efforts of the assistant-commissioners should be directed to the same end.”

Number and qualification of guardians.

As respects the number of elected guardians to be assigned to a union, it was on the whole considered, having regard to the satisfactory despatch of business as well as the importance of there being an executive so extended as to command the confidence of the ratepayers, that a number varying according to circumstances from 16 to 24, would be best calculated for carrying into effect the provisions of the Act. These numbers, with the proportion of one-third ex-officio guardians, would give to each union a board of from 21 to 32 members, which would be sufficient for the purpose of deliberation, and yet not so numerous as to impede efficient action. The qualification of guardians must of course depend very much upon the circumstances of the district. “In some parts of Ireland a 5l. qualification would not be too low, whilst in others the maximum of 30l. would not be much if at all too high;” and the assistant-commissioners were told to use their discretion between these extremes in the recommendations they might make. The board however considered that it would be advantageous to assume 10l. as a preferable medium to be observed, except in cases where a greater or a smaller amount of qualification appeared to be required. Recommendations were then made as to the selection and duties of returning-officers, the nomination of parish wardens, and the appointment of clerks to the boards of guardians, and also as to the necessity for observing strict economy in all the arrangements connected with the formation and working of the unions. The board likewise, under the heavy responsibility devolved upon it, considered it to be a duty “to point out to the assistant-commissioners the vast importance of their avoiding even the semblance of party bias, either in politics or religion.”

The commissioners being by the 35th section of the Act made responsible for providing the workhouses, very particular instructions were given to the assistant-commissioners on the subject, which constituted in fact the foundation of the whole measure. They were directed “at the formation of every union to make a careful survey, not only of the present state of destitution and mendicancy within it, and of what will be the extent of workhouse accommodation required immediately, or in the first two or three years, but also what was likely to be necessary afterwards; so as to frame such plans and adopt such arrangements in the construction of the buildings, as should afford the earliest present accommodation, and at the same time afford facilities for enlargement whenever it should become necessary.” In cases where barracks or other buildings should be taken for workhouse purposes, care ought likewise to be taken that the necessary alterations and additions were so framed that a portion only need be constructed in the first instance, and that the whole of the plan as designed might be completed whenever it should afterwards be found necessary, without materially interfering with the parts already in use. The quantity of land to be occupied with the workhouse is by the Act restricted to twelve acres, and the assistant-commissioners were recommended to endeavour to convince the guardians of the inexpediency of occupying more land than was sufficient for the purposes of a garden, or than could be conveniently managed by the boys and aged and infirm men.

Next in importance to the workhouse, was the establishing an assessment founded upon the actual value of all the rateable property within the union, in conformity with the 54th section of the Act. The assistant-commissioners were directed to call the attention of the boards of guardians at their first and second meetings to this important duty, for the performance of which they were responsible. Suggestions were then offered with regard to the government valuation, and that made under the Tithe Composition Act, and also to the probable necessity in some cases of procuring a new valuation; although in general it was considered that it would be found practicable at the outset to establish a fair and equitable assessment for the poor-rate, without resorting to the expensive process of a valuation by professional men.

The board next determined upon the kind of returns, statistical and otherwise, to be required from the assistant-commissioners, and the extent of information in all cases to be obtained before any unions should be declared; and a circular containing full directions on every point, together with a form for tabulating the several heads of information, was addressed to the assistant-commissioners for their guidance in this highly important part of their duty.

Whilst the assistant-commissioners were pursuing their inquiries and collecting information preparatory to forming unions, the commissioner acting as a board in Dublin was occupied in preparing the several forms and orders for declaring unions, governing elections, and regulating the proceedings of boards of guardians. These were all framed, as nearly as circumstances admitted, on the model of those issued in England, and were transmitted to the board in London for revision and approval. And here it may be well to state, that although under the 122nd section, I was when acting singly in Ireland invested with all the powers of a board, and might make and issue all orders and regulations with the exception of “general rules,” yet I never directly exercised this power, but forwarded every such instrument to be approved and sealed by the board in London. This course was adopted in consideration that it afforded greater certainty of keeping up a unity of action, and a more complete interchange of information between the two boards, than would be likely to exist if the commissioner acting in Ireland were to frame and issue orders without the participation of his colleagues acting in England.