CHAPTER IV.

Summary of the ‘Act for the more effectual Relief of the Poor in

Ireland,’ and of the ‘Amendment Act’—Arrangements for bringing the Act

into operation—-First and second Reports of proceedings—Dublin and

Cork unions—Distress in the western districts—Third, fourth, fifth,

and sixth Reports—Summary of the Act for the further amendment of the

Law—Seventh Report—Cost of relief, and numbers relieved—Issue of

amended orders.

Having in the last chapter described the progress of the bill from the

commencement till it became law, I now propose, as in the case of the

English and Scottish Acts,[84] to give a summary of the Irish statute

sufficiently in detail for enabling the reader, with the aid of the

Reports on which the measure was founded, to understand clearly both the

import and the object of the several provisions—

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[84]

See the author’s Histories of the English and Scotch Poor Laws.

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_Summary of the 1st and 2nd Victoria, cap. 56_,

Entitled 'An Act for the more effectual Relief of the Poor in

Ireland'—31st July 1838.

_Sections 1, 2, 3._—Empower the Poor Law Commissioners for the time

being to carry the Act into execution, and to issue such orders for

the government of workhouses, the appointment and removal of

officers, the guidance and control of guardians, and for keeping and

auditing of accounts, as they shall think proper.

_Sections 4, 5, 6, 7, 8._—General rules issued by the commissioners are

to be submitted to the secretary of state, and not to take effect

until the expiration of forty days, and are to be laid before

parliament at the commencement of every session. The rules are to be

made public, and to be open to the inspection of the ratepayers; and

whenever disallowed, the disallowance is also in like manner to be

made public.

_Sections 9, 10, 11._—The assistant-commissioners, secretary, and other

officers appointed by the commissioners, are to be officers under

the present Act. The commissioners may with the approbation of the

secretary of state, delegate their powers (except the power to make

general rules) to one of the commissioners, or to one or more of the

assistant-commissioners acting in Ireland, subject to such

regulations as the commissioners may direct.

_Sections 12, 13, 14._—The assistant-commissioners are empowered to

summon and examine witnesses on oath, and persons refusing to

attend, or giving false evidence, or altering or concealing

documents required for the purposes of the Act, are to be deemed

guilty of a misdemeanor. The commissioners may order reasonable

expenses of witnesses to be defrayed.

_Sections 15, 16._—The commissioners may by order under their seal,

unite so many townlands as they think fit to be a union for the

relief of the destitute poor; and may add to, take from, or dissolve

the same, and may determine the proportionate amount chargeable in

any such case, as shall appear to them to be just. But no such

dissolution or alteration of a union is to take place without the

consent of a majority of the guardians, and a copy of every order

for the same is forthwith to be transmitted to the secretary of

state.

_Sections 17, 18, 19._—Whenever a union is declared, a board of

guardians is to be elected, for which purpose the commissioners may

divide the union into electoral divisions, and from time to time

alter the same; but in making or altering such electoral divisions,

no townland is to be divided. The commissioners are to determine the

number of guardians, having regard to the circumstances of each

electoral division; and also the qualification, which in no case is

to exceed a rating of 30l. net annual value—“provided always that no

person being in holy orders, or being a regular minister of any

religious denomination, shall be eligible as a guardian.”

_Sections 20, 21, 22._—The first election of guardians is to take place

at the time fixed by the commissioners, and afterwards on the 25th

of March in each year. Outgoing guardians may be re-elected, and in

case of vacancy occurring through death removal or resignation, the

remaining guardians are to act.

_Sections 23, 24._—Every justice of peace not being a stipendiary

magistrate or assistant-barrister or minister of any religious

denomination, is an ex-officio guardian of the poor of the union in

which he resides, and after the board of guardians is duly

constituted may act as a member of the board, in like manner as an

elected guardian. But when the justices duly qualified and residing

in the union exceed one-third the number of elected guardians, they

are at a meeting specially assembled for the purpose, to appoint

from among themselves a number nearest to but not exceeding

one-third of the elected guardians, to act as ex-officio guardians

from the time of such appointment, until the 29th of September

following, and so annually on each succeeding 29th of September—the

number of ex-officio guardians being in no case permitted to exceed

one-third the number of the guardians elected by the ratepayers.

_Sections 25, 26._—If an election of guardians does not take place, or

if any of those elected shall neglect or refuse to act, the

commissioners may order a fresh election, and on failure thereof may

appoint another to fill the place of any guardian so failing, until

an election of guardians takes place under the provisions of the

Act. And if regular meetings of the guardians be not held, or if

their duties be not effectually discharged according to the

intentions of this Act, the commissioners may dissolve such board,

and order a fresh election; and if the guardians then elected

likewise fail, the commissioners may appoint paid officers to carry

out the provisions of the Act, and define their duties, and regulate

their salaries, which are to be paid out of the poor-rates of the

union.

_Sections 27, 28, 29, 30._—The board of guardians is declared a body

politic and corporate for all the purposes of the Act. The

commissioners and assistant-commissioners may attend the meetings,

and take part in the discussions of the boards of guardians, but are

not entitled to vote. The guardians are to assemble at such times as

the commissioners direct, and no guardian, whether ex-officio or

elected, has power to act, except as a member, and at a meeting of

the board, for constituting which the presence of three members is

necessary. No defect in the election or qualification of a guardian,

is to make void the proceedings of any board in which he may have

taken a part.

_Sections 31, 32, 33._—The commissioners may direct the appointment of

such paid officers, with such qualifications, as they think

necessary in every union, and may define their duties and determine

their continuance in office or dismissal, and regulate their

salaries. The commissioners are further empowered, with or without

the concurrence of the guardians, to remove any paid officer whom

they deem unfit or incompetent, and to require the appointment of a

fit and competent person in his room, failing in which the

commissioners may themselves make the appointment.

_Sections 34, 35, 36._—When a union is declared, every house of

industry, workhouse, and foundling hospital within its limits, and

supported wholly or in part by parliamentary grant &c., with all

things thereto belonging, is to become vested in the Poor Law

commissioners, subject to the debts and encumbrances thereof—in

trust for, and subject to, the powers and provisions of this Act.

The commissioners may from time to time as they see fit, build or

cause to be built a workhouse or workhouses for any union, or may

hire any building or buildings to be used as a workhouse, and may

enlarge and alter the same, in such manner as they deem most proper

for carrying the provisions of the Act into execution, and may

purchase or hire any land not exceeding twelve acres to be occupied

with such workhouse, and may order the guardians to uphold and

maintain, and to furnish and fit up the same, and provide means for

setting the poor to work therein—for all which purposes the

guardians are required to raise and levy the necessary sums as a

poor-rate, or to borrow the money and charge the same on the future

poor-rate, as the commissioners shall direct. But after the

workhouse has been declared fit for the reception of the destitute

poor, the commissioners are restricted from ordering the expenditure

of more than 400_l._ without the consent of the guardians.

_Sections 37, 38, 39, 40._—Incapacitated persons empowered to convey

land &c.—the powers of _7th George 4th, cap. 74_, regarding the

purchase and valuation of sites extended to this Act—Where the

purchase-money is paid into the bank of Ireland, the commissioners

exonerated from liability as to its application—The commissioners

may sell lands &c., and apply the proceeds in purchase of other

lands &c.; but are restricted from selling the workhouse of a union

without the consent of the guardians.

_Section 41._—When a workhouse has been declared fit for the reception

of destitute poor, and not before, the guardians, subject to the

orders of the commissioners, are to take order for relieving and

setting to work therein, in the first place, such destitute poor

persons as by reason of old age infirmity or defect, may be unable

to support themselves, and destitute children; and in the next

place, such other persons as the guardians deem to be destitute

poor, and unable to support themselves by their own industry or

other lawful means—provided that in any case where there may not be

sufficient accommodation for all the destitute persons who apply,

the guardians shall relieve such as reside in the union, in

preference to those who do not.

_Sections 42, 43, 44._—A register-book in a prescribed form, is to be

kept by the master of every workhouse of the persons relieved

therein, and such register is to be examined, corrected and signed

by the chairman at every meeting of the guardians, and countersigned

by the clerk—Accounts of the expenditure are to be kept and made up

every six months, charging to every electoral division the

proportion incurred in respect of persons relieved who are stated in

the registry to have been resident in such electoral division; the

expenses incurred in respect of all others are to be charged against

the whole union. At the end of three years, any two or more

electoral divisions may, with the commissioners’ concurrence, agree

to bear the expense of the relief chargeable to each in common, a

copy of every such agreement to be deposited with the commissioners,

and another copy with the clerk of the peace.

_Sections 45, 46, 47._—On the declaration of a workhouse in any union,

all local Acts relating in any way to the relief of the poor

therein, are to cease and determine. The commissioners are to

inquire into the state of fever hospitals and dispensaries, and

report thereon to the secretary of state, stating the number of such

institutions which in their opinion ought to be provided. They are

also to examine into the administration of hospitals and

infirmaries, and give directions for the more effective management

thereof.

_Sections 48, 49._—The commissioners are to take order for the due

performance of religious service in the workhouse, and are to

appoint fit persons to be chaplains for that purpose, one being of

the established church, another a protestant dissenter, and another

of the Roman catholic church, and they are to fix the salaries of

such chaplains. But no inmate of a workhouse is to be compelled to

attend any religious service contrary to the religious principles of

such inmate, or to which his or her parents or guardians object.

_Section 50._—The board of guardians are to appoint a fit person in each

parish or townland within the union to be the warden thereof, who is

to provide for the conveyance to the workhouse of such destitute

poor persons as the guardians shall direct, and perform such other

duties as the orders of the commissioners shall prescribe.

_Section 51._—If a meeting of the ratepayers of any electoral division

agree to the raising of a rate to assist emigration, the

commissioners may direct the guardians to raise such sums (not

exceeding 1_s._ in the pound in any one year) as they think

requisite for the purpose, either by a rate under this Act, or by a

charge on the future rates; and the money so raised is, under the

direction of the commissioners, to be applied by the guardians of

the union in assisting the emigration to British colonies of poor

persons residing in such electoral division.

_Section 52._—The money raised under authority of the Act, is only to be

applied as is expressly provided for in the Act.

_Sections 53, 54, 55, 56._—Every husband is made liable for the

maintenance of his wife, and every child under the age of 15,

whether legitimate or illegitimate, which she may have; and every

father is liable to maintain his child, and every widow to maintain

her child, and the mother to maintain her bastard child, until such

children respectively attain the age of fifteen. Relief given to a

wife or child, is to be considered as given to the person liable to

maintain such wife or child. Relief may be declared to be a loan,

and be recoverable accordingly, and when given to a person entitled

to any pension or other allowance, the guardians may require the

next payment thereof to be made to them for indemnity of the union,

and are then to repay the surplus to the person entitled thereto.

_Section 57._—Every child of a poor person who may be unable to support

himself, shall be liable according to his ability to support his

parents, and if any relief under this Act be afforded to such

parents, it may by order of two justices be recovered by the

guardians from such child, together with such other relief as shall

subsequently be given.

_Sections 58, 59, 60._—Every person absconding from a workhouse and

leaving his wife or child to be relieved therein, or who refuses to

work, or is guilty of drunkenness or disobedience to the rules

prescribed for the government of the workhouse, or who shall

introduce spirituous or fermented liquors into any workhouse, is on

conviction to be subjected to imprisonment with hard labour for not

exceeding one month. Any person who deserts and leaves his wife or

child so that they become chargeable, is on conviction to be

subjected to hard labour in the house of correction for not

exceeding three months; and every justice of peace may issue his

warrant for apprehension of the offenders.

_Sections 61, 62, 63._—For defraying the expenses incurred under this

Act, the guardians are empowered to make and levy such rates as may

be necessary on every occupier of rateable hereditaments within the

union, regard being had to the proportion previously charged upon

any electoral division. The rateable hereditaments are then

enumerated. But it is provided that no church chapel or other

building exclusively dedicated to religious worship, or used for

education of the poor, nor any burial-ground or cemetery, nor any

building used for charitable or public purposes shall be rateable,

except where any private profit or use is derived therefrom, in

which case, the person deriving such profit or use, is to be rated

as an occupier according to the annual value of the same.

_Sections 64, 65._—Every rate is to be a poundage rate, made upon an

estimate of the net annual value of the several hereditaments—“that

is to say, of the rent at which, one year with another, the same

might in their actual state be reasonably expected to let from year

to year, the probable annual average cost of repairs insurance and

other expenses, if any, necessary to maintain the hereditaments in

their actual state, and all rates taxes and public charges, if any,

except tithes, being paid by the tenant.” The particulars of every

rate are to be entered in a book (the form of which is given in a

schedule annexed) and the guardians and other officers whose duty it

may be to make the rate, are to sign the declaration at the end of

the same, after which it is to be evidence of the truth of the

particulars contained therein.

_Sections 66, 67, 68, 69, 70._—Existing surveys and valuations may be

used, but if these are not deemed sufficient, the guardians may

cause new ones to be made. All proprietors of tolls and profits

liable to be rated are to keep accounts thereof, which the guardians

are to have liberty to inspect. The commissioners may direct the

cost of any survey and valuation to be defrayed by a separate rate,

or by a charge upon the poor-rate, as they see fit. Twenty-one days’

notice to the ratepayers for inspecting the valuation is to be given

before making a rate, copies of which may be taken at all reasonable

times.

_Sections 71, 72, 73._—The poor-rate is to be paid by the occupiers, but

in cases where the property is rated at less than 5_l._ and where

the parties have agreed thereto, the lessor may be rated instead.

County-cess collectors may be appointed to collect the poor-rate on

giving security and being approved by the commissioners—failing in

which the rate may be collected by any other officer appointed for

the purpose with like approval.

_Sections 74, 75, 76, 77._—Every occupier may deduct half the poundage

rate paid by him, from the rent payable to the owner; and where any

person so receiving rent, shall also pay a rent in respect of the

same property, he will be entitled to deduct from such rent a sum

proportionate to what was deducted from the rent he received. The

entire rate is to be deducted from tithe; and all agreements to

forego the deduction of rate are declared void.

_Sections 78, 79._—If a rate is not paid within two months after it has

been made, the guardians may levy the same by distress, or sue for

such rate by civil bill. The receipt for poor-rate is in all cases

to be accepted by persons entitled to receive rent or tithe, in lieu

of such sum as the person tendering the receipt is entitled to

deduct from such rent or tithe. But no deduction is to be made from

any rent-charge or terminable annuity.

_Sections 80, 81._—Every occupier paying rate, and every receiver of

rent from which a deduction has been made on account of rate, and

every owner of tithe, is to be deemed a ratepayer; and at the

election of guardians in any union, every ratepayer is entitled to

vote[85] according to the following scale—

Where the annual value of the property rated shall not

amount to 20_l._ One vote.

Where it amounts to 20_l._ and not to 50_l._ Two votes.

” to 50_l._ and not to 100_l._ Three votes.

” to 100_l._ and not to 150_l._ Four votes.

” to 150_l._ and not to 200_l._ Five votes.

” to 200_l._ and upwards Six votes.

Where the occupier is also the owner, he will be entitled to double

the above number of votes; and where the net annual value of the

property rated exceeds the rent paid by the occupier, he is in

addition to his votes as occupier, to be entitled to vote for such

excess as if it were rent received by him.

_Sections 82, 83, 84, 85._—Where two or more ratepayers are jointly

liable, each is to be entitled to vote according to the proportion

borne by him, but one may claim to vote for the whole. The votes are

to be given in writing in such manner as the commissioners may

direct, and the majority returned in each electoral division is to

be binding on such division. Votes may be given by proxy, but no

occupier can vote unless all rates assessed upon him of six months’

standing be first paid.

_Sections 86, 87, 88._—The members of a corporation or joint-stock

company are not entitled to vote, but their officers may do so if

duly authorised by the governing body. Where a rate has not been

made, the cess-payers are to form a constituency for electing

guardians, with the same proportion of votes as is prescribed for

ratepayers, each shilling of county cess to be reckoned as one pound

of annual value. The commissioners are to appoint a returning

officer, and prescribe the duties to be performed by him in the

election of guardians.

_Sections 89, 90, 91._—The guardians may with consent of the

commissioners borrow money for purchasing and providing a workhouse,

either from the Exchequer Bill Loan Commissioners, or any persons

willing to advance the same on security of the rates. The money so

borrowed is to be repaid in twenty years by annual instalments,

together with the interest accruing thereon. The securities for

money so advanced to a union may be transferred or assigned on

notice thereof being given to the guardians.

_Sections 92, 93._—Contracts made by the guardians are not valid, unless

conformable to the rules of the commissioners; and no guardian, paid

officer, warden or other person engaged in collecting the rates, or

in the management of the union, is either directly or indirectly to

furnish supplies of any kind for the use of the union, under penalty

of 100_l._ with full costs of suit to any person who shall sue for

the same.

_Sections 94, 95, 96, 97._—Guardians treasurers and other officers

are to render a true account of receipts and payments &c., at such

times and in such a form as the commissioners shall direct. Auditors

are to be appointed to examine such accounts, and are to disallow

all payments made contrary to the Act, or at variance with the

orders of the commissioners. Bonds contracts advertisements &c. for

carrying the Act into effect are exempted from stamp-duty, and

letters relating exclusively to the execution of the Act, sent by or

addressed to the commissioners, are exempted from postage.

_Sections 98, 99, 100, 101, 102._—Justices may proceed by summons for

recovery of penalties—penalty on officers disobeying

guardians—penalty on officers and others purloining goods &c.

belonging to any union—penalty on persons wilfully disobeying the

orders of the commissioners or assistant-commissioners.

_Sections 103, 104, 105._—Forfeitures costs and charges may be levied by

distress under warrant of two justices, and are to be applied to the

use of the union—ratepayers are competent witnesses—distress not to

be deemed unlawful for want of form in the proceedings—plaintiff not

to recover for wrongful proceeding, if tender of amends be made.

_Sections 106, 107, 108, 109._—Persons aggrieved may within four months

after the cause of complaint, appeal against the poor-rate, or

against a conviction where the penalty exceeds 5_l._, and the

justices and assistant-barrister before whom the appeal is brought,

are empowered finally to determine the same; but fourteen days’

notice of the appeal is to be given.

_Sections 110, 111, 112._—Notwithstanding any appeal or notice thereof,

the rate is to be paid, unless and until it be actually quashed or

amended. Persons appealing are to enter into recognisance to

prosecute the same at the next sessions, and to abide the order and

pay such costs as the justices and assistant-barrister shall award.

_Section 113._—No action to be commenced against any person for anything

done under authority of the Act, until after twenty-one days’ notice

thereof, nor after sufficient satisfaction has been tendered to the

party aggrieved, nor after three months from the time the action

complained of was committed; and the defendant may plead the general

issue.

_Sections 114, 115, 116, 117._—No order of the commissioners,

assistant-commissioners, or guardians, is removable by writ of

certiorari except into the Court of Queen’s Bench in Dublin, and

every order or rate[86] so removed is to continue in force until

declared to be illegal. No application for writ of certiorari to be

made, unless ten days’ notice of the particulars thereof shall have

been delivered in writing to the commissioners, who may thereupon

show cause against such application, and the court may if it think

fit, proceed at once to hear and determine the case. Recognisances

must be entered into previous to application for a writ of

certiorari, and if the order be quashed, notice thereof is to be

given to the unions to which it was directed; but the judgment is in

no case to annul existing contracts.

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[85]

In altering the bill to localise the charge upon the electoral

divisions respectively (see ante, p. 220) it was omitted to

substitute the term Electoral Division for that of Union in the

81st sect.; so that a person who might pay a rate in every

electoral division of the union, could only as the clause stood

vote in one, although each electoral division was separately

chargeable. This would be contrary to what was intended by the

Duke of Wellington’s amendment, and the error was remedied as soon

as discovered by the _2nd Vict. cap. 1, sec. 5._ See post, p. 233.

[86]

A rate was excepted from such removal by the Amendment Act passed

shortly afterwards, _2nd Vict. cap, 1_. See post, p. 233.

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_Sections 118, 119, 120, 121._—The Poor Law Commissioners for England

and Wales are declared to be “The Poor Law Commissioners” under the

provisions of this Act, and are empowered to carry the same into

effect. A fourth commissioner may be appointed, and any two or more

of the commissioners may sit as a board in England and Wales, or in

Ireland, as they shall deem expedient. They are to have a common

seal, and all orders or copies thereof purporting to be sealed

therewith, are to be received as evidence that the same have been

duly made.

_Sections 122, 123._—When required by the secretary of state, or when

the board shall think fit, one of the commissioners may act in

Ireland, and have all the powers given to the board of

commissioners, except the power of making general rules; but the

whole of the commissioners are to assemble in London once at least

in every year, for the purpose of submitting a report of their

proceedings, which report is to be made on or before the 1st of May,

and is to be annually laid before parliament, “together with an

account of the expenditure upon the relief of the poor in each

union, and of the total number relieved in each union during the

year ended the 1st of January preceding.”

_Section 124._—Interpretation clause.

Notwithstanding all the care that had been taken in framing this Act, it

was found on proceeding to carry it into operation that there were

several defects, partly owing to a want of information with regard to

certain peculiarities existing in Ireland, but principally arising out

of the changes made in the passage of the bill through parliament. Thus,

on the assumption that the division into townlands was universal, an

alteration was made in the Lords constituting a townland the unit in the

formation of unions; but in some places it was found that no townland

existed, and in very many cases the extent of the townland was not

known. There was uncertainty also with regard to parishes, their limits

being in many instances undefined. It became necessary therefore with as

little delay as possible to take steps for remedying these defects, and

to pass a short Act amending the former, which was accordingly done; and

as this last was essential to the one which preceded it, so that the two

Acts may be said to form one statute, it will be convenient to insert a

summary of it here in continuation of the above—

_Summary of the 2nd Victoria, cap. 1, to amend the 1st and 2nd

Victoria, cap. 56.—15th March, 1839._

_Section 1._—The boundaries of many townlands not being accurately

known, and there being places which are not known as townlands—it is

enacted that the provisions in the preceding Act relating to

townlands, shall “apply to every place in Ireland whether known as a

townland or not.”

_Section 2._—Where the population of any city borough or town exceeds

ten thousand, or where the population of any other place within an

area of three miles exceeds ten thousand, the commissioners may

constitute such city borough town or other place, or any part or

parts thereof respectively, an electoral division; and may divide

such electoral division into wards for the purpose of conducting the

election of guardians.

_Sections 3, 4._—The commissioners may by order under seal declare any

place not known as a townland, to be a townland; and where the

boundaries of a townland are not known, may declare and determine

the boundaries thereof.

_Sections 5, 6._—In the election of guardians, every ratepayer who under

the last rate made shall have paid or be liable to pay rate in

respect of property in any electoral division, “shall have a vote or

votes in the election of guardians in such electoral division,

according to the scale of votes prescribed.” And where needful

expenses are incurred before any rate can be levied for defraying

the same, a sum not exceeding 200_l._ may be borrowed and charged

upon the first rate made.

_Sections 7, 8._—Conveyances of land &c. to the Poor Law commissioners

are to be made according to the form set forth in the schedule

annexed to the Act, or as near thereto as circumstances admit. The

purchase-money is to be paid into the Bank of Ireland to account of

the accountant-general of the Court of Chancery, “ex parte the Poor

Law commissioners.”

_Sections 9, 10._—Appeals may be made heard and determined at general or

quarter sessions of the peace, although an assistant-barrister be

not present. So much as relates to the removal by writ of certiorari

of any rate made under the previous Act, is by the present Act

repealed.

[Sidenote: 1838.

Proceeds to Ireland to bring the Act into operation.]

We will now resume our narrative, in the order of date. It has been

stated that the Irish Poor Relief Act was passed on the last day of

July. A fortnight afterwards it was arranged that I should proceed to

Ireland for the purpose of carrying the new law into operation. I had an

interview with Lord John Russell on the occasion, and urged the

necessity of proceeding vigorously and without delay in the introduction

of the measure, and expressed my conviction that our so doing was

essential to success. His lordship assured me that government approved

of our at once going forward with the formation of unions and providing

workhouses, and were prepared to afford every assistance that we might

require. It was settled that I should go to Ireland at the end of the

month, taking with me four of our assistant-commissioners, whose

experience in the administration of the English Poor Law would, it was

thought, be found highly useful in Ireland.[87] I quitted London on the

1st of September, and as soon as the assistant-commissioners had

assembled in Dublin, one of them was sent to Belfast, another to

Limerick, a third to Cork, and one was retained in Dublin. They were

furnished with instructions in which the objects to which their

attention should be chiefly directed were pointed out. The mode of

commencing operations was one of the first things which had to be

considered. Would it be better to commence by forming unions of the

chief towns, and then work back from them to the interior of the

country; or else to begin in the interior, and work up to the great

towns?—This, the assistant-commissioners were told, was an important

question, requiring to be decided as quickly as possible; and in order

to obtain the requisite data for so deciding, it was necessary that some

of the chief towns should he first examined, in doing which, they were

desired at the same time to endeavour to obtain such a knowledge of

other parts of the country, as would assist them in forming a judgment

upon the question.

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[87]

The gentlemen selected for this purpose, were Mr. Gulson, Mr. Earle,

Mr. Hawley, and Mr. Voules.

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The investigations in which the assistant-commissioners would thus he

engaged, would it was considered, serve to bring them acquainted with

the condition and habits of the people, and prepare them for entering

upon the formation of unions as soon as arrangements for the purpose

were sufficiently advanced. The position size and character of the

towns, the existence of barracks or other buildings readily convertible

into workhouses, the disposition of the inhabitants with respect to the

new law, whether favourable or otherwise, were all to be noted, as

constituting materials for judging of when and where the unions should

be formed; it being important to begin, where the least difficulty or

opposition would have to be encountered.

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.

-----

[88]

These were Mr. Clements, Mr. Hancock, Mr. O'Donoghue, and Mr. Phelan,

the latter with an especial view to the medical charities. Mr. Stanley

had been appointed secretary to the board in Dublin.

-----

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.”

[Sidenote: 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 5_l._ qualification would not be too low, whilst in

others the maximum of 30_l._ 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 10_l._ 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.

At the commencement of their proceedings, the assistant-commissioners

found that vague and often very exaggerated notions prevailed with

regard to the new law, and their approach was at first everywhere viewed

with more or less of suspicion and alarm. By great patience and

perseverance however in explaining the objects and intentions of the

Act, and by the examples they were enabled to cite of the working of the

amended law in England, they generally succeeded in removing these

impressions, and in obtaining a willing co-operation; so that ere long,

the requirements of the law, if not universally popular, were at least

very generally acquiesced in. Perhaps this change may also have been in

some degree owing to the magistrates and the clergy of each denomination

having been furnished with copies of the Act, elucidated by copious

explanatory notes, and likewise with copies of the Reports on which the

Act was founded. The extensive correspondence which was continually

going forward, and the frequent personal communications with the board

in Dublin, contributed moreover to diffuse information as to the nature

objects and working of the law, and not only helped to prepare the way

for its introduction, but proved likewise the means of raising up

zealous administrators for carrying it into execution.

[Sidenote: 1839.

First report of proceedings in Ireland.]

Having thus generally stated the nature of the preliminary arrangements

for bringing the law into operation, it is now proposed, as in the

author’s ‘History of the English Poor Law,’ and as is also done in his

‘History of the Poor Law of Scotland,’ to take the Commissioners’ annual

Reports as the groundwork of the narrative. Their first Report of

proceedings is dated 1st May 1839.[89] It comprises only a short period,

and will not require a lengthened notice; but it is of considerable

interest, as showing the steps earliest taken in the introduction of the

measure.

-----

[89]

This is included in the fifth annual Report of the Poor-Law

Commissioners, but I shall continue to number the Reports of

proceedings in Ireland separately, without regard to the number of the

commissioners’ general Reports.

-----

[Sidenote: Election proceedings.]

As the time approached for declaring Unions, and for constituting boards

of guardians, it was necessary be prepared for conducting the elections.

Arrangements were accordingly made, with the sanction of the Irish

government, for the distribution and collection of the voting-papers by

the constabulary; and as the commissioners were immediately responsible

for the appointment of returning officers to conduct the elections, the

assistant-commissioners were directed to seek for and recommend

competent individuals for the purpose, that is, some one in each

district about to be united who was well known, and possessed the

confidence of the ratepayers; and the Report states that there is every

reason to be satisfied with the manner in which the selections have been

made.

To aid the returning officers in the performance of their novel duties,

they were furnished with ample instructions on every point not provided

for in the election order; and the assistant-commissioners were required

to attend at all the early stages of the proceedings in every union, to

afford such further assistance and counsel as might be necessary. Some

few irregularities occurred, but not more than was to be expected under

the circumstances. There were likewise a few instances of party or

sectarian feeling, but in no case were improper individuals returned as

guardians; and allowance being made for the want of previous training,

the Irish boards will, it is said, “fairly bear a comparison with the

boards in England,” and a hope is confidently expressed that the measure

will not fail through the want of an efficient executive.

[Sidenote: The workhouses.]

Relief in the workhouse being the only mode of relief sanctioned by the

Act, it was evident that until a workhouse is provided the law must be

practically inoperative. Attention was therefore early directed to this

object, for the due execution of which the commissioners were alone

responsible; and much pains were taken to ascertain the kind of

buildings that would be most suitable, having regard to the

circumstances of the country and the habits of the people. After

extensive inquiry, as well in England as in Ireland, and a careful

consideration of the whole subject, it was determined to engage an

architect experienced in the construction of English workhouses, and to

employ him in conjunction with the assistant-commissioners, and with the

aid of the best local information that could be obtained, in devising a

series of plans for the Irish workhouses, of different sizes, together

with descriptive specifications and estimates for each.[90] This was

accordingly done, and the proceeding was fully justified by the result.

The style of building adopted for the workhouses, was of the cheapest

description compatible with durability; and effect was sought to be

obtained through harmony of proportion and simplicity of arrangement,

all mere decoration being studiously excluded. The unoccupied barracks

were originally proposed to be converted into workhouses, and at first a

few of the unions were arranged with a view to this object. But after

repeated discussions with the Ordnance authorities, it became evident

that very few if any of these buildings could be obtained, the whole

appearing to be considered necessary for military purposes.[91]

-----

[90]

The architect engaged for this service was Mr. Wilkinson, who had

erected several of the English workhouses, and who continued to

superintend the building operations in Ireland until all the

workhouses were completed, and for some years subsequently.

[91]

A portion only of one barrack was ultimately taken, that of Fermoy;

and it turned out to be neither satisfactory nor economical. At the

end of a few years it was restored to its original use, and a new and

more convenient workhouse was provided for the union.

-----

[Sidenote: Valuations and rating.]

One of the first duties to which a board of guardians is required to

attend, was the valuation of the property within the union for the

purpose of its being rated to the relief of the poor. This under any

circumstances is a matter of some difficulty, but in Ireland the

difficulty was increased by the condition of the country, and the

absence in many parts of any reliable data for framing such a valuation.

To assist the guardians in the performance of their duties in this

respect, they were furnished with very full instructions, pointing out

in detail the principle on which the valuation and the rating were to be

conducted, and all that was necessary to be attended to, in order to

fulfil what the law required.

Shortly after the commencement of operations in Ireland, it was

discovered, as has been before stated, that there were certain defects

in the Act, which it was necessary forthwith to remedy; and this it has

been shown was accordingly done by the passing of the _2nd Vict., cap.

1_,[92] until after which no union could be formed in Dublin and some of

the other chief towns, owing to the townland division not being there

known.

-----

[92]

Ante, p. 233.

-----

[Sidenote: Unions declared.]

On the 25th of March, the end of the usual parochial year, the Report

states that—“the number of unions declared was 22, and that in 18 of

these boards of guardians had been elected. The requisite statistical

details were also completed for nine other unions, which would shortly

be declared, and considerable progress had likewise been made in

arranging nine more.” Such were the results of somewhat less than six

months’ operations in the introduction of the Irish Poor Law, and they

were generally regarded as satisfactory, and as warranting an

expectation of the successful introduction of the measure.

[Sidenote: 1840.

Second report of proceedings in Ireland.]

The Report of the second year’s proceeding is dated 30th April 1840, and

is considerably longer than the preceding Report. It was moreover report

of accompanied by an Appendix containing copies of Orders and Reports,

in fact a copy of each class of important documents issued or received

by the Dublin board, thus showing not only everything that was done for

bringing the law into operation, but also the mode of doing it, and

whatever took place in connexion with it.

[Sidenote: Unions declared, and workhouses in progress.]

The first Report brings the proceedings down to the 25th of March 1839.

The second Report brings them down to the same date in 1840, at which

time the number, of unions declared was 104, and it was thought that 30

more would probably complete the number into which it might be desirable

that the country should be arranged. This would be a greater number than

was at first contemplated, but a strong desire for small unions was

found to be very general; and this desire, added to the want of

convenient centres, and other local circumstances, led to an increase of

the number beyond the original estimate. Sixty workhouses had been

contracted for, and were in progress of building, and arrangements for

ten others were considerably advanced.

[Sidenote: Three additional assistant-commissioners.]

It soon appeared to be on many accounts exceedingly desirable, not

only that the formation of the unions, but also that the

necessary arrangements for administering relief, should be urged

forward as rapidly as possible. The government concurred in

this view, and sanctioned the appointment of two additional

assistant-assistant-commissioners,[93] who after a short training in

England, were assigned to their respective duties in Ireland, whither

also another of the English assistant-commissioners was transferred.[93]

The valuable services of Mr. Earle were in the present year withdrawn

from the commission, and he was succeeded in the charge of the Dublin

district by Mr. Hall, who had previously been acting in England.

-----

[93]

These were Mr. Burke and Mr. Otway; and Mr. Muggeridge was transferred

from England.

-----

[Sidenote: Formation of unions.]

Great pains were taken in forming the unions, and for the most part the

arrangements made were satisfactory to the parties interested, but not

always so to the extent desired; for it was not always found possible

“to adapt the limits of the union to the limits of individual

properties, and at the same time adhere to other local boundaries and

pay a due regard to general convenience.” Difficulties likewise arose in

determining the portion of rural district to be included in the same

electoral division with towns, or with other places where the destitute

and mendicant classes were numerous. Such places were regarded as likely

to bring a burden upon whatever else they might be combined with. It

does not follow however because mendicancy prevails in a town, that the

poor-rates will be heavier there than in the neighbouring country

districts. The reverse will often be the case, the larger amount of

property rateable in a town, being more than equivalent to its

comparatively greater charge of pauperism. The practice generally

adopted on such occasions, was to attach to a town as much of the

adjoining district as seemed naturally to belong to it, and over which

the town mendicants habitually levied contributions. No part of an

electoral division so formed would be subjected to any new burden. It

had supported the mendicant classes heretofore—it would have to pay

rates for supporting the destitute thereafter; and of the two, the

latter would probably be found the lighter.

Before submitting a proposal for establishing a union, the

assistant-commissioners in every instance called a meeting of the

inhabitants of the district, and explained the nature and intent of

the law, together with the proposed arrangements for carrying it into

effect, and also took into consideration whatever objections or

suggestions there might have been made on the occasion; and it was not

until after this public exposition of the course proposed to be

pursued, and a careful sifting of testimony for and against it, that

the arrangements for the several unions were proposed to, and received

the sanction of the board in Dublin. The Reports of the

assistant-commissioners on these occasions were sometimes long and

minute, entering into a detail of the circumstances of the district,

and thus forming “a valuable body of information general and

statistical, which may hereafter serve to test the working of the

measure, and its effects upon the population.” A copy of one of these

Reports furnished by each of the assistant-commissioners, was inserted

by way of example in the Appendix to the annual Report.

[Sidenote: The Dublin house of industry.]

The Board’s attention was early directed to the state of the charitable

institutions in Dublin, and especially to the house of industry and the

foundling hospital, both of which became vested in the commissioners

under the _34th section_ of the Poor Relief Act. The house of industry

consisted of an asylum for aged and infirm poor and incurable lunatics,

together with the Hardwick, the Whitworth, and the Richmond Hospitals,

and the Talbot Dispensary. It was constituted under the Irish Act of

_11th and 12th Geo. 3rd, cap. 11_,[94] and was expected to be supported

by voluntary contributions, but these soon failed, and in 1777 it

received a grant of 4,000_l._ from parliament, and had continued ever

since to be supported in like manner. In 1816 it was determined to

appropriate the house of industry to the reception of the aged and

infirm and the sick poor, orphan children, and lunatics and idiots. This

led to the introduction of a large number of persons requiring medical

treatment, and made it necessary to provide hospitals for the purpose.

The expense of the entire establishment was defrayed by parliament, and

the grant for each of the preceding five years had been 20,000_l._ The

estimate for 1839 was 21,136_l._ The number of inmates was as follows—

Aged and infirm poor 888

Incurable lunatics and epileptics 474

—-—

1,362

Sick in the hospitals 303

—-—

Total 1,665

-----

[94]

Ante, p. 45.

-----

[Sidenote: The Dublin foundling hospital.]

The foundling hospital was established in 1704 by the _2nd Anne, cap.

19_, and was re-constituted in 1772 by the _11th and 12th Geo. 3, cap.

11_.[95] With the exception of a small rent from property devised to it,

the institution had been supported by parliamentary grants, which during

the last five years had averaged 14,765_l._ The estimate for the current

year was 11,255_l._ Infants were at first, and for many years

subsequently, received into the hospital without payment or inquiry, the

annual number varying from 1,500 to 2,000. In 1822 a deposit of 5_l._

was required with each child, which soon had the effect of reducing the

admissions to below 500; and in 1829 a committee of the house of commons

recommended that admissions should cease altogether, which they

accordingly did in the following year. The previous admissions however

had been so numerous, that on the 25th of March 1839 the dependents on

the institution still amounted to 4,258, viz.—

Children at nurse in the country, of whom 446 are

under ten years of age 1,484

Apprentices 2,528

In course of being apprenticed, or under medical

treatment in the house 40

Adults on the invalid list 206

—-—

4,258

-----

[95]

Ante, pp. 35 and 45.

-----

The invalid class consisted of 150 females and 56 males, and had

accumulated principally since 1797, only 13 having been admitted

previous to that year. “Many were blind, some crippled, others were

severe cases of scrofula, and a few were deaf and dumb. They were

quartered in the country, and were annually visited by the inspectors.”

[Sidenote: Arrangements with regard to the house of industry and

foundling hospital.]

The capacity of the house of industry and foundling hospital for being

converted to workhouses, and the great prevalence of mendicancy in

Dublin, made it expedient to introduce the new law with as little delay

as possible; and steps were taken for this purpose, as soon as the

passing of the Amendment Act[96] enabled the board to unite districts

not being townlands. Arrangements were, with the approbation of

government, made for the lunatic inmates of the house of industry,

amounting with their attendants to 523, by preparing certain old

barracks at Island Bridge for their reception; and as the hospitals and

the dispensary, when detached from the house of industry, would stand in

need of kitchen and other office accommodation, these essentials were

accordingly provided, and the appointments in connexion with them were

consigned to the Irish government. With regard to the foundling

hospital, a suitable residence was provided for the officers, and for

such of the children as it might be occasionally necessary to bring to

Dublin. The expense attendant upon making these various changes was very

considerable, but the whole was accomplished “without calling for any

advance beyond the money already voted by parliament for the house of

industry and foundling hospital, the balance remaining from the vote of

the year preceding, and the saving of expenditure by enforcing a rigid

economy during the past year, having afforded sufficient funds to effect

all that was necessary.” This result is declared to have been chiefly

owing to the confidence which government placed in the commissioners

with regard to a matter of much intricacy, and which did not perhaps

strictly come within the line of their duty. It was also in no slight

degree owing to the prompt support afforded by his excellency the lord

lieutenant, whose cordial co-operation and assistance on all occasions

is gratefully noticed in the Report.[97]

-----

[96]

Ante, p. 233.

-----

[Sidenote: The two Dublin unions.]

A full account of the measures adopted with regard to the Dublin

foundling hospital and house of industry, is given in the

assistant-commissioners’ Report[98] on these institutions, and also of

what was required to be done preparatory to their being used as the

workhouses of the two Dublin unions, for which they were well suited

both as to size and situation. One of the unions comprised the district

on the south side of the Liffey, with a population of 182,767; and the

other comprised the district on the north side, having a population of

125,245. The workhouses would each be made capable of accommodating

2,000 inmates, and were very conveniently placed, with a sufficiency of

land attached to them. A belt of unions had been formed nearly

encircling the city, so that the Dublin unions would be protected from

undue pressure. The guardians exhibited a good spirit, and promised an

active co-operation in carrying out the law.[Sidenote: Dublin workhouses

declared, March 25, 1840.] The unions were both declared on the 6th of

June 1839; and the order declaring the workhouses fit for the reception

of paupers was issued on the 25th of March 1840, the interval being

occupied in making the necessary preparations.

-----

[97]

Lord Ebrington (now Earl Fortescue) was lord lieutenant at this time,

and I feel it a duty to state that much of our success in the early

part of our proceedings, was owing to the aid and countenance he was

ever ready to afford us. He knew the difficulties with which the

commission had to contend, and never withheld assistance when it was

needed.

[98]

This is inserted in the Appendix to the Annual Report.

-----

[Sidenote: The Cork union.]

Cork possessed a foundling hospital and a house of industry as well as

Dublin; but both were much smaller than the metropolitan ones, and the

house of industry alone was susceptible of being used as a workhouse,

and that only temporarily until an adequate building could be provided

for the purpose. With respect to the foundling hospital, steps were

taken as in the case of that of Dublin, to bring it to a close at the

earliest period compatible with the wellbeing of the children maintained

in it. The Cork guardians entered with alacrity on the discharge of

their new duties, and took immediate steps for obtaining a valuation,

and levying a rate. It was therefore determined in compliance with the

desire strongly expressed by them, and by the inhabitants generally, to

bring the law into full operation in the Cork union with the least

possible delay, although it was not unlikely that some inconvenience

might arise from relief being administered there so much sooner than it

would be practicable to provide for its administration in the

neighbouring districts. [Sidenote: Cork workhouse declared temporarily,

February 15, 1840.] The union was declared on the 3rd of April 1839; and

on the 15th of February 1840 an order was issued declaring the old house

of industry to be the temporary workhouse of the union for administering

relief. Full instructions were furnished to the guardians on the

occasion, and an intention was expressed of watching the progress of the

Cork and the Dublin unions, with a view to the prompt exercise of the

powers provided by the law for mitigating “whatever inconveniences might

arise from thus early bringing the law into operation.” The proceeding

was one of great interest, and of great anxiety also to those on whom

the responsibility rested, so much depending on the success of the first

unions. The author has a vivid recollection of all that passed on the

occasion, and of the deep thankfulness experienced on witnessing the

efficient working of these unions, and this moreover under difficulties

far greater than would be likely to arise when the course of procedure

was more matured.

[Sidenote: Workhouse regulations and order of accounts prepared.]

As the period approached for bringing the Cork and the Dublin workhouses

into operation, it became necessary to prepare a code of workhouse

regulations, and a system of union accounts. The latter, it was

endeavoured to make as simple as possible, having regard to accuracy and

to a proper discrimination of subjects; and the former it was determined

to frame on the model of the English workhouse regulations, making such

changes only as were necessary for adapting them to the circumstances

existing in Ireland. The “order for regulating the workhouse, and for

keeping and auditing accounts,”[99] was accordingly prepared, and was

issued successively as the unions became sufficiently advanced for its

reception. [Sidenote: The workhouse dietaries.] With regard to the

dietaries, an “order” for which it was also necessary to prepare, the

Board instituted inquiries into the mode of living in different parts of

Ireland, so as to be able to establish dietaries in the different unions

that should accord with the general habits of the people, and yet “not

be in any case superior to the ordinary mode of subsistence of the

labouring classes in the neighbourhood.” On this principle the Board

continued to frame the workhouse dietaries, as being essential adjuncts

of workhouse management. But for the efficiency of the workhouse,

reliance was chiefly placed on the enforcement of order, sobriety,

cleanliness, daily occupation, the observance of decency and decorum,

and the exclusion of all stimulants to excitement—these constitute the

real strength of the workhouse as a test of destitution, and would be in

a great degree effective, even if the diet, clothing, and other merely

physical appliances were superior to what is seen in the neighbouring

cottages; and these essentials the workhouse regulations are calculated

to maintain.

-----

[99]

A copy of the order is appended to the 2nd Annual Report.

-----

[Sidenote: Exaggerated expectations as to the effects of the Poor-law.]

Very exaggerated notions prevailed as to what would be the effect of the

Poor Law, when brought into full operation. Some declared that all the

charitable institutions would be immediately annihilated, as people

would cease to subscribe as soon as they were called upon to pay a

poor-rate, and compensation was claimed on behalf of certain

functionaries, on the ground that they would be deprived of their means

of living when the workhouses were opened. Numerous applications were

made on the subject, and among others by the officers of the Dublin

Mendicity Association who claimed to be compensated on this account.

They were however told that the association might still be continued

with advantage, as an independent auxiliary to the Poor Law; for that it

was highly probable there would be a class of persons whose destitution

would not be so urgent as to compel them to become inmates of the

workhouses, and who yet would be proper objects of such charitable

assistance as it came within the province of the mendicity institution

to bestow.

[Sidenote: Erection of workhouses.]

The measures connected with the erection of workhouses required much

care and circumspection, and a constant watchfulness of the prices of

labour and materials in the several districts. The buildings were

proceeded with in such a way as to create the least disturbance in the

labour-market, and it was endeavoured to spread the operations as

equally as possible throughout the country. Notwithstanding these

precautions however, a tendency to advance in prices was sometimes

manifested; but on such occasions the Board made it to be understood,

that it was prepared to put out repeated advertisements, or to postpone

building altogether for a season, rather than submit to terms above what

it considered to be the fair market price. On the other hand, the Board

did not bind itself to accept the lowest tender, and generally gave a

preference to builders resident in the district, when of good character

and possessing a sufficient command of means. The extreme wetness of the

previous season was very unfavourable to building, and also delayed the

valuations, so that the completion and opening of the workhouses was

delayed longer than had been at first contemplated; but an assurance was

given, that no effort would be spared to effect this object at the

earliest possible period.

[Sidenote: Repression of mendicancy.]

Numerous representations were addressed to the board on the subject of

mendicancy, urging provision should be made for its being put an end to

simultaneously with the commencement of relief under the Poor Law. The

question was very generally discussed by the boards of guardians, and

forty of them, for the most part unanimously, passed resolutions in

favour of a measure for the suppression of mendicancy; but three of the

boards took a different view, and were adverse to such suppression. The

correspondence which took place on these occasions appears in the Annual

Report, and also a minute which the Dublin board addressed to the

assistant-commissioners on the occasion. In this minute, after pointing

out the necessity for repressing vagrancy and mendicancy as a measure of

police, the repression is declared to be likewise necessary for ensuring

the effective operation of the Poor Law; for so long as the vagrant

classes were permitted to levy contributions on the plea of destitution,

the ratepayers, although taxed for the relief of the destitute, would

not be protected from the daily demands of the mendicant, nor be

exonerated from those compulsory contributions which the mendicant so

well knows how to exact. Unless mendicancy were repressed therefore,

great injustice would be inflicted on the ratepayer, whose payment of

the poor-rate entitles him to protection from such demands. The most

expedient way of effecting this object, was considered to be by

establishing a law founded on the English Vagrancy Act, with such

modifications as might be necessary for adapting it to the state of

Ireland.[100]

-----

[100]

Clauses to this effect had been inserted in the original bill, but

were withdrawn, as has been before stated. Ante, p. 195.

-----

[Sidenote: Emigration.]

The subject of emigration was generally regarded with great interest in

Ireland, and had latterly occupied more than usual attention, partly on

account of a persuasion that it would be necessary to have recourse to

it as the corrective for a redundant population, and partly also in

consequence of the efforts which were made by certain associations to

promote it. In answer to the various representations on the subject, the

Board did not offer any opinion as to whether an extensive and organized

system of emigration were necessary or not, but considered that there

might be localities over-densely peopled, to which it might be applied

with advantage. When the unions were all in operation, and when the

effects of the Poor Law had been fully developed, the Board would be

prepared to state its views on the subject—“but pending the introduction

of the Poor Law, one object of which was to establish an identity of

interest between the owners and occupiers of property and the working

classes, and to hold out to the former the strongest inducements to

extend the field of employment at home”—pending the development of this

great impulse upon the home energies of the country, it was considered

that it would be premature to offer any opinion on the general question

of emigration.

[Sidenote: Distress in the western districts—relief afforded by

government.]

As the summer of 1839 advanced, severe distress began to prevail in

several districts of the west of Ireland, and the government deputed

Captain Chads of the Royal Navy to investigate its extent and furnished

him with means for affording such present relief as might be found

imperatively necessary.[101] It was at first thought, that where

poor-law unions had been formed, use might be made of the union

machinery in dispensing the relief which government was prepared to

furnish; but it soon appeared that this would be inexpedient if not

impracticable, and that the administering of government aid must be kept

totally distinct from the poor-law executive, except only as regarded

information and advice and whatever other facilities the

assistant-commissioners might be able to afford. The relief distributed

by the agent of government on this occasion, was in every case made

contingent upon an equal amount being raised by persons resident or

having property in the district; and notwithstanding the danger from

fraud and misrepresentation to which a person so deputed was obviously

liable, and the still greater danger of creating an undue dependence

upon government aid, there is reason to believe that a considerable

amount of good was effected, and that little mischief was caused by what

was done by the agent of government in this instance.

-----

[101]

The money expended on this occasion amounted to 5,441_l._ See ‘The

Irish Crisis,’ by Sir Charles Trevelyan, p. 18.

-----

[Sidenote: Unfavourable season.]

The extremely wet and ungenial summer and autumn of 1839, caused great

apprehension throughout Ireland as to the effect upon the crops, and

steps were taken to obtain correct information on the subject,

particularly with regard to the potato crop, it being the one most

universally important to the Irish people. The result of these inquiries

through the assistant-commissioners and other sources, showed that there

was much ground for alarm, “the crop appearing to be deficient in

quantity in some districts, whilst owing to the almost incessant rains

the quality would it was feared be found inferior in all, and probably

so far inferior as not to admit of the potatoes being kept for the usual

time.” If such should turn out to be the case, distress wide spreading

and severe would inevitably ensue, and the distress would moreover be

aggravated by the want of fuel, the people having been prevented by the

continual wet from gathering in their turf.

[Sidenote: Suggestions for relieving the distress.]

Many applications were addressed to the Poor Law board, and to the Irish

government on this subject, several of them containing schemes and

suggestions for rendering the Poor Law available, in case the danger

apprehended should actually arise; and it was therefore deemed advisable

that the views of the Board in reference to this question should be made

known. This was accordingly done by a minute, calling attention to the

provisions by which relief was to be governed.

[Sidenote: Board’s minute, Dec. 5th 1839.]

The minute states, that the _3rd section_ of the Act directed that

relief should be administered “according to such laws as shall be in

force at the time being;” and that the _41st section_ provides—“That

when the commissioners shall have declared the workhouse of any union to

be fit for the reception of destitute poor, _and not before_, it shall

be lawful for the guardians to take order for relieving and setting to

work _therein_ destitute poor persons &c.” Nowhere else is power given

to the guardians to administer relief—their functions in this respect

are limited to receiving destitute persons into the workhouse, and

relieving and setting them to work “_therein_.” And by the _52nd

section_ it is further provided, “that it shall not be lawful for the

commissioners, or guardians, or other persons acting in execution of

this Act, to apply directly or indirectly any money raised under

authority of this Act, to the relief of destitute poor in any other

manner than is herein expressly mentioned, or to any purpose not

expressly provided for in this Act.” Whether the relief so provided for

be or be not in the opinion of the guardians suitable or sufficient, the

Act under which they are constituted, and whence their administrative

functions are derived, is thus seen to be precise and definite in its

provisions; and they were told that they could not legally deviate in

the slightest degree from the course it prescribes, neither did there

reside in the Poor Law Commissioners any power or discretion to

authorize any such deviation. Some persons however suggested that the

law should be altered early in the next session, so as to allow of other

modes of relief as a temporary measure, to meet the then apprehended

exigency. But this, it was said, would be re-opening a question upon

which the deliberate sense of the legislature had been recently

recorded; and parliament having deemed it right to prohibit all relief

except in the workhouse, the commissioners could not encourage an

application which had for its object the reversal of that decision.

Such was the general purport of the minute, although considerably more

in detail, and embracing some minor points not noticed above. It was

circulated among the boards of guardians, and was thought to have

produced a good effect by directing attention to the principle as well

as to the provisions of the Act. There was reason to believe moreover,

that the potato crop, although scanty in some districts, was on the

whole not materially deficient in produce, and that although the quality

was generally inferior, the potatoes would keep nearly as well as in

ordinary seasons. There was likewise reason to believe that the dread of

scarcity had influenced the people to be more careful and economical in

the use of their stores than they probably otherwise might have been,

and that they would thus by provident forethought avert the occurrence

of any very serious amount of distress, notwithstanding that a general

deficiency in the grain crops was superadded to the other evils arising

out of the extreme wetness of the season.

[Sidenote: 1841.

Third report of proceedings in Ireland.]

The third Report of proceedings in Ireland is dated May 1st, and

contains an account of all that was done during the previous parochial

year, ending March 25th 1841. At the date of the second Report 104

unions had been declared. [Sidenote: Unions and workhouses.] At the date

of the third Report we find the number increased to 127, and it is

stated that only 3 more will be required, and that these will be

declared in the course of the present month, making the entire number of

unions in Ireland amount to 130. At the date of the last Report 60

workhouses had been contracted for, and the buildings were in different

stages of progress. The number of workhouses contracted for and built or

in process of building up to the 25th of March 1841, was 115, of which a

particular account is given in a Report by the architect inserted in the

Appendix to the present Report.

[Sidenote: Erection of the workhouses.]

The providing of the Irish workhouses was a large and difficult

operation, involving a great variety of details, and requiring constant

attention. The contracts were as stated in the last Report entered into

so gradually, and the works were spread so equally throughout the

country, that although the number actually in progress at one time was

greater than it might at first have been considered safe or expedient to

undertake, it yet was not found that prices were materially affected, or

that any other material inconvenience had arisen. One of the chief

impediments was the delay and difficulty encountered in obtaining sites

for the workhouses, owing to encumbrances and other circumstances

connected with landed property in Ireland, and to the Act’s containing

no special provision for the purpose. At one time indeed it was thought

that it would have been necessary to apply to parliament on the subject;

but by determined perseverance sites were at length everywhere obtained,

and although not in every case so good as might be wished, no union was

left without one sufficient for its object. The winter of 1841 began

early, and continued late, and was unusually severe, which greatly

retarded the progress of the buildings; but the contractors were

generally sensible of the value of time, and whenever the weather

permitted, exerted themselves to recover what was unavoidably lost

through unfavourable seasons. It may perhaps not be deemed irrelevant to

mention, that the author being then the resident commissioner in

Ireland, he made a point of examining every workhouse site purchased, or

intended to be purchased, and also inspected once at least in every year

each of the workhouses, whether built or in progress of building. These

inspections were no doubt a great addition to his other labours, but

they were very necessary for correcting the defects and omissions which

are sure to occur in carrying out so extensive an operation.

[Sidenote: Fourteen workhouses in operation.]

Eleven workhouses were completed and opened for the relief of the

destitute poor during the year 1840-41 in addition to those of Dublin

and Cork opened in the preceding year, and making fourteen in all. Two

of these belonged to the important unions of Londonderry and Belfast.

The Londonderry house had been open throughout the winter, and continued

to work in all respects satisfactorily. The others had been too recently

declared to afford reliable indications as to their future working, but

nothing had occurred to excite apprehension with respect to them.

[Sidenote: The Dublin unions.]