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Subject Area: Law
Topic: The American Revolution and Constitution

§ 50.: Police regulation of mendicancy.— - Christopher G. Tiedeman, A Treatise on State and Federal Control of Persons and Property in the United States considered from both a Civil and Criminal Standpoint, vol. 1 [1900]

Edition used:

A Treatise on State and Federal Control of Persons and Property in the United States considered from both a Civil and Criminal Standpoint (St. Louis: The F.H. Thomas Law Book Co., 1900). Vol. 1.

Part of: A Treatise on State and Federal Control of Persons and Property in the United States considered from both a Civil and Criminal Standpoint, 2 vols.

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§ 50.

Police regulation of mendicancy.—

Somewhat akin to the evil of vagrancy, and growing out of it, is common and public mendicancy. The instincts of humanity urge us to relieve our fellow-creatures from actual suffering, even though we fully recognize in the majority of such cases that the want is the natural consequence of vices, or the punishment which nature imposes for the violation of her laws. It would be unwise for State regulation to prohibit obedience to this natural instinct to proffer assistance to suffering humanity.2 Indeed, it would seem to be the absolute right of the possessors of property to bestow it as alms upon others, and no rightful law can be enacted to prohibit such a transfer of property. It certainly could not be enforced. But while we recognize the ennobling influence of the practice of philanthrohy, as well as the immediate benefit enjoyed by the recipient of charity, it must be conceded that unscientific philanthropy, more especially when it takes the form of indiscriminate almsgiving, is highly injurious to the welfare of the community. Beggars increase in number in proportion to the means provided for their relief. Simply providing for their immediate wants will not reduce the number. On the contrary their number is on the increase. State regulation of charity is therefore necessary, and is certainly constitutional. A sound philanthropy would call for the support of those who cannot from mental or physical deficiencies provide themselves with the means of subsistence, and include even those who in their old age are exposed to want in consequence of the lavish gratification of their vices and passions. But all charity institutions should be so conducted that every one, coming in contact with them, would be stimulated to work. Poor-houses should not be made too inviting in their appointments. After providing properly for the really helpless, it would then be fit and proper for the State to prohibit all begging upon the streets and in public resorts. Those who are legitimate subjects of charity should be required to apply to the public authorities. All others should be sent to the jail or work-house, and compelled to work for their daily bread. It is conceded that the State cannot prohibit the practice of private philanthropy, but it can prohibit public and professional begging, and, under the vagrant laws, punish those who practice it.

In the New England States, the English system of making paupers charges upon the towns, in which they reside, has with certain statutory modifications been retained or established. One would suppose that no one would question the right of the legislature to modify its poor laws at pleasure. But the doctrine of vested rights has been so well grounded in American Constitutional Law, that in a recent case in Vermont, it was gravely contended that a pauper has a vested right in the existing statutory provisions for his support, which could not be changed by subsequent legislation. But the Supreme Court of that State has held that “a pauper has no vested right in respect to how or where he shall be supported, nor has a town a vested right to be relieved from the charge of supporting any particular pauper.”1

[2]The religious aspect of the question is not considered here.

[1]Town of Crafstboro v. Town of Greensboro, 66 Vt. 585. See, also, on the New England Poor Laws, Worcester v. East Montpelier, 61 Vt. 139; Lewiston v. N. Yarmouth, 5 Greenl. 66; Goshen v. Richmond, 4 Allen, 458; Bridgewater v. Plymouth, 97 Mass. 382; Endicott v. Hopkinton, 125 Mass. 521; Cambridge v. Boston, 130 Mass. 357; Goshen v. Stonington, 4 Conn. 209 (10 Am. Dec. 121).