‘It’s Not Fair’: Natural justice and the New Poor Law

This month, we have a guest blog from Sarah Bradley, one of our volunteer transcribers, who reflects on the language of ‘natural justice’ in pauper letters.

‘She’s got more than me.’  ‘Why can’t I go out with my friends?’  ‘It’s not fair!’ It’s the cry of children everywhere.  And while, as adults, we might (sometimes) be more restrained, our sense of natural justice remains.  The refrain ‘I have paid my taxes all my life’, is not uncommon these days when people feel they are being ignored or penalised by the ‘system’.  Googling the phrase results in many stories from people who feel their contributions to society (through taxes and national insurance) should guarantee them access to services in their later years. More recently, we find the word ‘fairness’ cropping up regularly in relation to coronavirus. While the constraints of the initial lockdown were widely accepted as reasonable in such exceptional circumstances there is less unanimity on how to deal with the second wave, and debate continues on how to achieve a ‘fair’ balance between saving lives and saving livelihoods. This sense of fairness or moral justice underpins the relationship between the citizen and the state.  

People in the past were, of course, no different and it is inevitable that many of the letters written to the central poor law authorities by paupers or their advocates (and uncovered by In Their Own Write) were complaints of unfairness in the system or the way that it operated. The authors of these letters varied in how they reacted to those perceived injustices. Some focussed on their legal rights. In September 1853, for example, George Hancock of the Chelsea Poor Law Union, annoyed that he was unable to put his request for leave of absence to the guardians in person, wrote to say:  ‘I have always heard that every pauper had the right to request an interview … and if no such right exists, where is the protection for any pauper, and how can any grievances he may have be Known, and what chance of redress? I think upon further consideration you will find you have made a mistake in this’ (MH12/6991/33091). Others were whistleblowers, complaining about self-evident abuses (something we dealt with back in 2018). An anonymous writer, in a long letter of complaint about the Nantwich workhouse, for example, wrote in March 1839 that there ‘is as good meat took to that house ever was Butchered But when it is cooked wonderful to tell it is all vains and Grissells’ (MH12/1013/2467c). But some people wrote because, quite simply, they felt that the way they had been treated was just not fair.

George Ellis, aged 74, was so convinced of his case that in 1862 he wrote to the Poor Law Board twice. His first letter, written in March, was referred back to the Basford Guardians, who gave him a month’s worth of bread, but then in May, ‘I was compelled to aply (having no work) on Friday last, & the Relieving officer has given me an order for the House which I consider unreasonable at my time of life’ (MH12/9248/17853).

Eighty-five year old Mary Chester also felt that the elderly had earned the right to be treated reasonably. In June 1862, she wrote expressing moral outrage at the way she had been treated by the Basford Poor Law Union:

Left a widow in the year 1830 with a family of five children with hard labour and hard living I Brought them up in an honest way without any Assistance from the parish I Am now worn out with old age and quite infirm not able to labour [I] have applied to the Board of guardians Basford for Relief but they refused – Gentlemen My days cannot be many have lived among my family to age of three score and fifteen and now to be parted from my children to die in a Union perhaps not one Relative to close My Aged Eyes would … quickly bring My Grey locks with Sorrow to the grave I have 4 children living but neither of them have the Means of Keeping Me without Relief my family are labourers with families (MH12/9248/23894).

Mary Chester’s Letter

In April 1866, another elderly man, James Pickett, also thought ‘it hard to be forst to go in the workhouse’, as ‘I Ham A very old man’.  Echoing the modern-day lament, he explained that he had ‘Paid Rate and Taskes’ and quoted his service at sea as an able seaman in ‘his ma nav’ (His Majesty’s Navy) on the ‘Bellephlion’ (HMS Bellerophon?), and the ‘ARey C H Ne’ (HMS Arachne?) (MH12/6879/37356). Both Chester and Pickett implied that  their treatment was not only unfair, but also morally unjust, both having contributed as citizens by paying taxes, serving in the armed forces or, in Chester’s case, bringing up future citizens under extremely challenging circumstances.

Timothy Hoyle of the Keighley Union asked the Central Authority to intervene on his behalf, not on grounds of age, but of ill-heath, explaining, ‘I have now been out of employment a long time through want of work and in consequence I have been employed by the Guardians … at Out Door Labour’. He went on to explain that ‘I am now in an emaciated and broken up state of health … [but] The Board have lately employed me in Breaking stones on the Highway and I find that unless I can Secure a change of employment I shall very soon be unable to work at anything’ (MH12/15161/25542). The annotations on his letter indicate that the central authorities were not anxious to intervene. Typically, a copy of a pauper’s letter was sent to the guardians ‘for their observations’, but their response to  Ellis suggests that this was likely to be a fruitless exercise: ‘It rests with the Gs to decide in what way relief shall be given – & … the Bd cannot further interfere’ (MH12/9248/17853). The same response is often annotated on letters from paupers.

It is notable that much of this correspondence comes from individuals who were supposed to have been protected under the New Poor Law. The workhouse system was intended to be a deterrent to the able-bodied, prohibiting (in theory at least) outdoor relief being given to them in the community.  As Edward Twisleton, an Assistant Commissioner, explained in a letter of 24 April 1841 which was quoted in the 7th Annual Report of the Poor Law Commissioners, ‘The chief object of our exertions is to diminish (without harshness to the aged and infirm) the evil of pauperism among the labouring classes.’ George Ellis, Mary Chester, James Pickett and Timothy Hoyle  were all either aged or infirm, and on first sight it does indeed seem harsh treatment to have forced them into the workhouse or to break stones when they became destitute.

On first reading, these writers present themselves as supplicants: ‘The Petition of Timothy Hoyle, a Pauper belonging to Keighley … Humbly Sheweth that your Petitioner is a very poor man’ (MH12/15161/25542). They open and close politely: ‘I humbly Beg I shall incur your displeasure taking the liberty of Soliciting you it is necessity urges me’,  and ‘Gentlemen if you will Condescend to intercede with the guardians of Basford for out door Relief for the Aged widow’ (MH12/9248/23894). But on closer inspection it is clear that they are not the pleas of people who are ready to accept their fate quietly. These are all individuals who have already sought justice from the Guardians and who, failing to find it, have felt compelled to take their complaints further. They explain why they deserve, or have earned, better treatment (‘I Brought [my children] up in an honest way without any Assistance from the parish’, and ‘I consider [the workhouse] unreasonable at my time of life’). Their letters are carefully worded to elicit sympathy, certainly, but also to persuade the Commissioners to do what is morally right. Hoyle closes: ‘I therefore trust you will have the Kindness to make inquiry into my distressing case … By doing this you would confer a lasting benefit upon your Petitioner’; while  Pickett emphasises that, ‘I ham vere Pore … Gentleman I Ham A very old man’. Most poetically of all, Mary Chester pleads that, ’now to be parted from my children to die in a Union … would … quickly bring My Grey locks with Sorrow to the grave’. 

The authors of these letters were not campaigners or whistleblowers. There is no indication that they wanted to change the system. They were simply ordinary people who considered that they had a right to be treated according to the precepts of natural justice, and they were prepared to demand that right.

“I hope Sir you will excuse the bad Paper”: Overcoming the challenges of ‘communications inequality’

Patrick O’Flaherty was desperate. He had a respectable trade as a piano tuner, but something had gone terribly wrong, and in 1866 he found himself destitute in Manchester. With nowhere else to turn he wrote this plea for help on the reverse of a flyer advertising his services: “any Broken Food which would Appease Hunger, Or some small Pecuniary Aid which would enable him to return to Ireland” (MH 12/6059/52432). His plea tugs at the heart strings, but the fact that it is written on the back of flyer which recalls better times makes it doubly distressing. The flyer, with no comments attached by the Poor Law Board, was unceremoniously stuck onto the last page of the 1866 volume of correspondence from the Manchester Union. This sad little note, written on a scrap of paper, raises many questions about paupers and their access to writing materials.

Today, without access to a computer and the web it can be almost impossible to engage with services of many kinds. Lockdown has exposed vulnerable groups who have struggled with daily life in the ‘new normal’ through lack of access to the web: shielded people (usually in the older generations) with no experience of online systems have struggled to secure grocery deliveries; locked-down disadvantaged children have had no access to online teaching. But back in the nineteenth century when paper was the most common form of communication, were things so very different? If you could not read or write, or could not afford writing materials or postal costs, how then did you engage with a burgeoning central authority? If you were a pauper with a complaint, how easy was it to put pen to paper and communicate that grievance to the Poor Law Commissioners in London?

The growing numbers of pauper letters (from both the old and the new poor law) show that paupers were indeed able and willing to write about their complaints. But there are clues in the letters from In Their Own Write which suggest that some struggled when they were obliged to communicate (perhaps for the first time) with the central authorities. They worried about the quality of paper they used, about using pencils rather than ink, and also complained vociferously about being denied access to either by unscrupulous workhouse masters.

James Barnett clearly had paper in his possession when he was in the workhouse in Sheffield, but it was removed from him as a form of punishment over a dispute about picking oakum. He wrote that “everything belonging to me…my writing paper, and the medications were taken away” (MH 12/15488/84438). He wrote a second time, after the Master had told him it was against the law for paupers to write to the central authority:

the Master came in…telling me the grosly absurd tale that the local Government’s orders were that no inmate must write to them…After [the letter was] read by the Guardians…it was given me back, with the very unnecessary and unsolicited leave…to finish it. Having no ink for that purpose, and having been forbidden to borrow any, I am compelled to use a substitute;

which explains why his letter was written in pencil (MH 12/15488/84933).

Such claims of the withholding of writing materials from paupers are seen time and again in the complaints made to the central authorities, although curiously the writers never explained how they finally managed to obtain paper to make their complaint!

Joseph Brentnall, an inmate from Basford in Nottinghamshire, also complained that he was refused access to paper or pens. His letter from 1886 appears to have been written on lined paper cut out of a notebook. He went on to say that inmates had been told that writing would do them no good, as all letters sent to London would come straight back to the workhouse officials, and reported that the Master had told him that if a pauper: “Write[s] to london to find a friend he finds his enmey in sted…because the Poor law has not got any power to interfere with the guardians and the[y] can du as the[y] like”. Brentnall obviously ignored the warning, as he included details of it in his letter of complaint to the Commissioners (MH 12/9251/6568).

Perhaps surprisingly, Harriet French was able to borrow writing paper and ink from the Master of Linton Workhouse in order to write a letter accusing him of assaulting her. Less surprisingly, however, when giving evidence against to the inquiry that followed, she explained that: “When I got the pen and ink I wrote to my father to complain of what had happened…but the letter never reached [him]”. The Master had given Harriet the wherewithal to write her letter, but also ensured that it would never reach its destination (MH 12/672/35311).

We do not know what sort of writing paper the Master gave to Harriet French, but it may even have been headed Union paper. We have come across examples of pauper letters on Union-headed paper elsewhere. In 1872, for example, George Hall’s letter was among a number that were sent that year from Poplar on Union-headed paper. None of the writers explained how it had come into their possession: it is possible they had taken it without permission, or (like Harriet) that it had been given to them by the Master. There is a delicious irony in paupers using the official paper of the institution they were complaining about when writing their concerns, and perhaps it is an irony that was not lost on them (MH 12/7692/71837).

Some correspondents seemed genuinely concerned about the poor quality of their writing paper and the impact that might have on the outcome of their cases. A distraught former teacher in Gainsborough was beside himself with embarrassment. Now unemployed, W.S. Shay had applied for outdoor relief, only to be told by the Board of Guardians that he must go into the very Workhouse where he had once been the schoolmaster. His shame was compounded by the lack of suitable writing material on which to make his plea: “Please excuse this paper,” he wrote, “I have no better” (MH 12/6710/37157).

George Briggs wrote a long and rambling letter to the Poor Law Board from Great Yarmouth in which he described the challenges he faced in writing to them: “I hope Sir you will excuse the bad Paper as I had no alternative and my Hand [is] paralysed…it has been quite a Task to get [through] this letter” (MH 12/8635/34809). The paper Briggs used appears quite inoffensive and his handwriting significantly more legible than many we have seen in the project. Nevertheless, Briggs himself clearly feared that the quality of his paper would somehow diminish his appeal for justice.

In 1869 Joseph Sinker, in Birmingham Workhouse, was worried that his argument was not persuasive enough, but also that his use of a lead pencil might diminish it still further. In an extraordinarily long letter, he expressed his determination to make a coherent argument. “You will perhaps be surprised that after I had written about ten or eleven pages, I then read the whole of what I have wrote, thinking over the various clauses whether there was a unity in the connecting portions”. In fact, Sinker’s final letter ran to over 20 pages of closely-written text, presented as an origami of folds and a chaotic arrangements of pages. At the end of it he apologised for using a pencil, explaining: “I can write quicker with lead pencil and I must state [there is] not much ink for use of paupers” (MH 12/13317/6616). In most cases, the only feasible avenue open to paupers to complain to the central authorities was in writing, but limited access to writing materials could present almost insurmountable challenges and paupers were obliged to use whatever was at hand. Patrick O’Flaherty’s trade flyer at the beginning of this blog is good example of this, but there are others.

James Pickett’s letter demonstrates many of the challenges paupers faced once they had decided to write to the central authority. His letter is written on several scraps of paper. It is grammatically challenging to the point that it is difficult to follow, the spelling reflects his East End background and his handwriting is almost indecipherable. In a way, it reflects well on the clerks in London that they even attempted to read letters such as this, and indeed in some cases they actually transcribed the least legible ones into the record to make the job of responding to them easier.

One of the most unexpected examples of writing paper came from Richard Wyatt in Bethnal Green. Wyatt was a serial letter writer to the Local Government Board in the 1890s, and although most of his letters were written on unremarkable paper his letter of October 1900 certainly catches the eye. It was written on note paper decoratively embossed at the top with forget-me-nots – perhaps an odd choice for a man described elsewhere as an habitual criminal, and one that sits rather uncomfortably alongside the content of a letter in which Wyatt complains about the disgraceful treatment of ‘imbecile’ patients in Bethnal Green Infirmary, and the “scandalous doings of the attendants” (MH 12/6897/121036).

In surveying the thousands of letters in this project it has become clear that paupers used a wide variety of writing materials, and no little ingenuity. Sometimes the paper was foolscap, sometimes small notepaper; occasionally it was lined or blue, and in some cases letters were written on whatever scraps came to hand. Some of the paper was so thin it was akin to tracing paper; and in one case, at least, it was thick and shiny, more reminiscent of old-fashioned toilet paper than Basildon Bond!  What the letters from In Their Own Write clearly demonstrate, however, is that this nineteenth-century, socially disadvantaged group was able to overcome the numerous challenges that letter-writing presented; and by using their ingenuity they were, perhaps, better able to engage with central authorities than many digitally excluded communities in the 21st century.