Social Transformations of the Victorian Age: A Survey of Court and Country. Escott Thomas Hay Sweet

indeed the County town, but generally a convenient town where there happens to be a railway station. The District Council has already contracted certain associations of local fashion. The ladies of the country side have entered warmly into its business, and often constitute a majority of its most active members. There is, of course, the complaint of impulsiveness brought against the District Councillors. Thus the domestic idea is regarded by them with more respect than it secured from their predecessors, the Boards of Guardians. Guardians were elected by the plural vote of the larger ratepayers. They had, moreover, to satisfy a property qualification in their own persons. District Councils in theory know nothing of, and in practice are affected little by, such conditions. The ex-officio magistrate, without which no Board of Guardians was complete, is systematically absent from the new District bodies. The personnel of the new Councils, which occupy a place midway between the Parish and the County assemblies, presents a notable contrast to that of the superseded Boards of Guardians. County magistrates are not, in virtue of that office, ordinary members of these bodies, which are almost solely elective. The dignity of the body, however, is well maintained. The chairman of the District Council becomes, in consequence of that position, a County magistrate with powers as plenary as if he were the nominee of the Lord Lieutenant. Sometimes, of course, the chairmen of the District bodies are already magistrates. That is, however, the exception. There now exist in the United Kingdom about a thousand elective magistrates, being chairmen of District Councils. By far the greater part of these are new to their legal responsibilities. A few are working men. One District Council in Northamptonshire is presided over by the master of a small railway station on the Midland line. Another has for its chairman an agricultural labourer; a third is controlled by an ex-policeman; a fourth by one who supports himself on the cultivation of sixteen acres of land. The effect of popular election is not limited to the discharge of those duties connected with pauperism and sanitation that are the primary concern of the District bodies. Assessment committees, and school attendance committees are both drawn from the District Councils. The latter of these, it is generally admitted, have done their work better since they ceased to be composed exclusively of employers of labour, and since they have become representative of industry as well.27

      The Poor Law, which has been in force during the whole of the Victorian era, was, as scarcely needs to be said, among the earliest achievements of the Reformed Parliament. Bitter and prolonged as was the resistance to portioning out the country afresh for the relief of pauperism instead of congregating the poor of each parish in their own workhouse, the beneficent results of the change have long since been universally admitted. ‘The new Bastilles’ was the name first given to the unions which the Act of 1834 created, by the opponents of the Bill, with a view to excite popular feeling against it. Only the most hardened paupers, who objected on principle to industry of any kind, complained of the modicum of labour exacted from the occupants of the new workhouses. Even these shirkers have become reconciled to some sort of industry. The improvement in the habits of the whole working class was conspicuous and immediate. Thus, as in his History of the period, Mr Molesworth points out,28 in four unions of the Midlands, there were in 1834, 954 able-bodied paupers. In June 1836 there were only 5. All the rest were in regular work. In the county of Sussex, the most inveterately pauperized in England, there were in 1834, 6,160 paupers. The Act had not been in operation two years before this total was reduced to 124. By 1836 the Act had become operative in twenty-two counties. The average of the reduction of the rates in these was 43½ per cent. The Commissioners of Enquiry, on whose report the new legislation was based, predicted that the application of their principles would restore and improve industry, would create or confirm habits of thrift, would increase the demand for labour as well as the wages of the labourer, and generally would promote the welfare of those who lived by manual toil. The Queen had not ascended her throne when the erewhile opponents of the Measure confessed that these anticipations were already fulfilled. It was not to be expected that bodies so essentially different from the old Boards of Guardians as the District Councils are would administer the Poor Law in the same spirit or on the same principles as their predecessors. Few socio-economical questions of the day have provoked controversy so bitter, or divided skilled and conscientious partizans into such mutually envenomed factions as the conditions on which relief from the rates should be granted to the necessitous poor. The uncompromising advocates of the workhouse test system, compulsory residence, that is, within the workhouse walls, maintain that in this way only can systematic pauperization be avoided, and that so alone will the not uniformly industrious poor realize the stigma of coming upon the rates. On the other hand, it may be argued that in innumerable cases timely charity from the common fund will prevent the utter break up of a needy, but not necessarily indolent home. Paupers, it may be said, who will not work, and who are, therefore, not proper objects of compassion, are never kept by any sense of pride or shame from taking up their quarters in the local union. Thus, may it not be false economy to make absolute destitution and homelessness a preliminary condition of parochial help? On these points, those who differ will never agree. What it is now relevant to point out, is that the administrative methods of the new Councillors have very generally shown a reaction from the more stringent, and less sympathetic policy of the old Boards of Guardians. Thus, the workhouse test is far less often than formerly made the condition of poor relief.

      Organization in every department of activity or interest is the most conspicuous movement of the last quarter of this century. Some years must yet elapse before we know the exact point to which the legislation now reviewed has disciplined and stimulated the inhabitants of rural England. The object of the controllers of the vestries that the Parish Meetings have superseded was to keep village administration in the hands of a privileged and comparatively leisured minority. Hence it was not unusual to fix the hour for the vestry meeting at 9 a.m.; when of course the male population would be at work in the fields. Under the Act of 1894 the Parish Councillors are bound to hold their sittings in the evening after the day’s work is done. From a historical point of view this legislation cannot be charged with being revolutionary. The powers which the new bodies have assumed in checking encroachments upon common land and other like offences are indeed considerable. That prerogative is not an innovation. It is rather a revival of the authority which in the old Manor Courts, presided over by the steward of the Manor lord, the freeholders could exercise. Beyond question, the most far-reaching and important change introduced into country life by the new machinery is the infusion of the elective element into the nominated magistracy. This has not yet received the attention it deserves. Under the earlier régime, as has been said, certain guardians had a seat at the Union Board because they were magistrates. Under the existing dispensation certain Justices of the Peace owe their place on the magisterial Bench to the fact of their performing the duties of District Councillors and Guardians of the Poor. The relations between the two positions are thus exactly inverted. That the tendency of this change is to soothe the suspicions once widely prevalent as to the principles on which Justices’ justice was administered does not seem disputable. It has also positively increased the respect in the rural mind for the law itself as the expression of wisdom and equity. The cordiality with which the older magistrates, nominated to the Bench by the Lord Lieutenant, have generally welcomed their popularly chosen colleagues has undoubtedly strengthened this wholesome sentiment. Finally, the same career in the local polity as of old remains practically open to men serving on the Commission of Peace. Where the old J.P. Guardian was a man who did good work on the Union Board, he seldom now is debarred from doing it still. Even when he is locally unpopular, a well-earned reputation of ability or aptitude for affairs is pretty sure to bear down purely personal objections and secure his return to the District Board; a tolerably conclusive proof of the fitness of the parochial constituencies for the measure of autonomy which they have received.

       CHAPTER VIII

      THE NEW ERA IN ENGLISH COUNTIES

      General effect of the legislation of 1888 on the English County system. Some analogy between the principles of corporation reform (1835) and County administration reform (1888). But the earlier act did not touch, as the later did, the power of magistrates in Quarter Sessions. Social circumstances, e. g.: the growth of an educated and leisured class of residents in country towns which have made the time ripe for the new legislation, and distributed throughout England a new class of capable local administrators. Contrast between

27

Urban District Councils have taken the place of Local Boards; they are in fact town councils of those districts which are not incorporated into municipalities.

28

Molesworth’s History of England, vol. i. p. 19.