D87al CILITY 00 Oi ■ 1 1 ^^M HPI '$ ^^^L:j^ HH| m B'v."'.-v^^ 'v^i' !p' .^ ■s**-v--*-, .-. A/' 'l^Sfer'3< Mi UNIVERSITY OF CALIFORNIA AT LOS ANGELES t^ 'NL/f^yl: 01' /- O' -/7a:7^ /a/ /^ ^ LORi^ D UF Fl- RlNl THE TENURE OF LAND IRELAND. ABRIDGED FROM THE WORK OF THE RIGHT HON. LOliD DUFFEPJIN', K.P., ON THAT SUBJECT; WITH ADDITIONS AND ALTERATIONS. DUBLIN: JOHN FALCONER, 53, UPPER SACKVILLE-STREET, PRINTER TO HEB MAJESTY'S STATIOKERTi OFFICE. 1870. PREFACE. ? The following pages contain the substance of Lord Dufferin's work on '^ Irish Emigration and the Tenure of Land in Ireland." The opinions propounded in that volume seem so just and sound — -supported as they are by a mass of evidence ~ taken under the authority of a Parliamentary Commission, . by statements of able writers, eminent statisticians and r political economists, and by the experience of practical ■ men connected with Irish land — the reasoning is so ;f cogent, and the spirit in which the subject is discussed is so liberal and candid — while the positions of the author, though assailed, have been so little displaced — that it ^ has been deemed desirable at this crisis, when the con- [ sideration of the land tenure of Ireland by Parliament is inevitably impending, to reproduce these opinions and arguments in a size and at a price that will make them accessible to the general public of the empire. The text of Lord Dufferin has, for the most part, been preserved, though not professedly as his. Such changes, by way of addition, omission, or quahfication, have alone been made, as were required by the lapse of time since the publication of the work, by the condensation of statements, and by the omission of the evidence to sustain tbeso statements, wliii^li was given at great length in notes. Wherever it couhl conveniently bo done, this evidence is briefly incorporated with the text ; those who desire fuller information on the point are referred to the work itself This task has not been undertaken without the per- mission of Lord Dufferin, but he is in nowise answerable for the manner in wliich his volume has been dealt with. THE TENURE OF LAND IN IRELAND. CHAPTER 1. Irish emigration. — is it a calamity? It is not too much to say that the subject of transcendent interest at the present tune is that of the Land Tenure of Ireland. Commissioners, under the authority of the State, and Commissioners appointed by the leading organs of public opinion, have investigated the relations between the owners and occupants of land in that country. Statesmen have endeavoured to deal with these relations in the legislature ; public men, from the highest to the lowest, have discussed them in the press; and the Parliament to assemble in 1870 will have to deal with the subject without delay. That much error, much prejudice, and not a little injustice, have found their way into these discussions is not surprising, and is, even to a great extent, consistent with honesty of purpose and a desire to be truthful. In any country it is difficult to disentangle the threads of popular sentiment, or to follow out the intricate operation of economic laws. But in Ireland a hundred influences — many of them compatible with the purest patriotism and the most scrupulous integrity — have contrived to prejudice local opinion and to mislead the national conscience. Added to this is the natural habit of the mind to look at a subject mainly, if not altogether, from a special point of view, and to deal with it accordingly. But the true statesman must regard the subject from every point, and must endeavour to protect, so far as is possible, the interests and rights of all — not to promote the welfare of one class by acting unjustly towards another. We may be sure that any scheme is radically faulty which violates the great fundamental principles of Liberty, Justice, and Government. The advocates of the popular side of the question of Land Tenure have brought numerous charges against landlords and land-laws — some put forward by men supposed to speak with the 6 hirjlicflt Huthorltj — and in tcrrna not always :i (|ii('slloii as to whothor or not a bad fcclinj; liail :iiiscii IVoin many |»n)j)rictor8 in (lifTcront parts of Ireland lia\ini; taken .stc|)M, at the tunc of tlio famine, to con."oli- (late tlicir farms, ho replies, " I do not think that had inueh to do with it; the tenants were voluntarily givinf^ up their lands in great ([uantities then ;" and a little further on he states that " cases of forcible eviction for the proposed consolidation were verij few."* Now Judge Longfield's testimony on such a point (confirmed as it is by numerous and unimpeachable witnesses) is conclusive. lie was the Hrst and most important witness summoned before Mr. Maguirc's committee. Ilis professional position, his experience, the pccidiar nature of his duties, his well-known calmness and impartiality, and above all his manifest sympathy with the cause of the tenant, invest his evidence on matters of fact with an authority that cannot be gainsaid. And it stands to reason that matters should have fallen out as Judge Longfield has described. What inducement had the poor people to stay? Their staff of life had withered in their hands and could not be replaced. A plough could hardl}'- have turned in their potato gardens; they had neither seed, nor horses, nor even food, to carry them through the winter. No diftcrcnce of tenure would have saved them. Had they owned the fee, it would have been all the same. Their only chance of life was to get away — some to the poor-house, others to America, often with the aid of the landlord, one of whom alone spent £13,000 for that purpose. As for the landlord, his position was every whit as bad. It Avas not a question of rent, but of existence. His lands lay around him a poisonous waste of vegetable decay, while 25s. in the pound of poor-rate was daily eating up the fee- simple of his estate. Self-interest, duty, common sense, all dictated the same course, — the enlargement of boundaries, the redistribution of farms, and the introduction of a scientific agriculture, at what- ever cost of sentiment or of individual suffering. Yet with all the difficulties arising out of this state of afiiiirs (so admirably described in the summary prefixed to the Digest of the Evidence before the Devon Conuuission), it is abundantly proved in evidence that, as a ixcneral rule, the inevitable changes were effected in a humane and liberal manner. Even so, the struggle too frequently proved unsuccessful, and the subsequent obliteration of nearly an entire third of the landlords of Ireland, while it associates them so con- spicuously with the misfortunes of their tenants, may be accepted * The same opinion was educed by the Devon Commission. 23 In atonement of whatever share they may have had In conniving at those remoter causes which aggravated the general calamity. A reference to the statistics which bear upon this question will enforce the foregoing observations still more strikingly. If it is true, as is asserted, that the emigration has been principally confined to a class which cultivates the soil — the only class, in fact, which can be directly affected by the tyranny and Injustice of the landed proprietor — it must necessarily follow that the number of emigrants must bear a tolerably close proportion to the number of persons who are said to have been so ruthlessly dealt with. Now the reductions of the holdings in Ireland between 1841 and the present is, of course, the measure of the limits within which the consolidation of farms has been effected and evictions have been possible. Bat it so happens that the total number of holdings In Ireland containing 15 acres and upwards has Increased enormously since 1841. In fact there are now nearly twice as many small farmers — using the term In what in England would be thought its most modest acceptation — as there were before the famine. This will, undoubtedly, be considered an exti'aordinary statement, but It is, nevertheless, the fact, that holdings of between 15 and 30 acres have increased by 61,000, or 78 per cent., from 1841 to 1861, and holdings above 30 acres by 109,000, or 224 per cent., during the same period, while those between 5 and 15 acres have decreased by less than half those amounts ; the emigration, so far as It has extended to the occupying class at all, having been chiefly confined to the poor people who attempted to get a living out of bits of land ranging from half-an-acre to five or six acres, and whose destiny, no custom, or law of tenant-right, however liberal, could have materially affected.* No doubt, the diminution of the holdings In this last category has been enormous, but even among these, as compared with the area of land under tillage In Ireland, the reduction has not been so startling as It might have first appeared: the pi'oportlon amounting, in the case of tenements under five acres, to one per annum on every area of 400 acres; and In the case of holdings under 10 acres to one per annum on every area of 1,600 acres.f Of course, the process has neither * This is sufficiently established by the fact of something like 100,000 holdings of this description having disappeared in Ulster alone. t It is curious to contrast the view Mr. Mill seems to take of the extinction of very small tenancies, with the language of those who hold up the landlords of Ireland to obloquy for having promoted, within very moderate limits, and as a 24 boon HO f^nuliiiil nor po uniform as this calculation would ini[)ly, the I»rincii>al rush having taken place; ininicdiately after the j)otato failure, and from those districts most exposed to its effects ; the devastation amonir the small tenements of Ulster being as tromondous as in any other part of Ireland. Allowing, however, for all subsidiary corrections, it is very evident that so far from the landlords being responsible for the entire emigration, they held no relation, good or bad, with [)erhaps three-fourths of those who went, even though you counted as emigrants every man, woman, and child that may have quitted — whether of their own free will or on compulsion — the agricultural tenancies that have been extinguished. But it is well known that vast numbers of the cottier tenantry, instead of emigrating, were converted into labourers, and either found employment in the neighbourhood of their birthplace or removed into adjoining towns, or came over to England, while hundreds of others were placed in possession of some of the 160,000 farms which, as already stated, have been reconstructed since the famine year; thereby reducing still further the number of the land-occupying class who have taken part in emigration, and who probably with their families have never amounted to one-fourth of the entire number. This moderate share taken by the tenantry in the emigration from Ireland has decreased during the last ten or twelve years, and it is probable that for the last twelve or thirteen years no more than three or four per cent, of the total number of emigrants have been holders of land. Such a conclusion is, of course, quite contrary to the populiu- belief, but it is, nevertheless, a fact within the cognizance of every one who is acquainted with the subject. Judge Longfield states it over and over again. He is asked if he knows that a great deal of emigration from Ireland has been going on. " Yes," he replies, " but I do not think that the emigration is much caused by the landlord and tenant question." Again he is asked if good tenants have not been driven away from the country by the supposed general rule, by the most legitimate and humane means the very improvement he desiderates. "The principal change in the situation consists in the great diminntion, holding out a hope of the entire extinction, of cottier tenure. The enormous decrease in the number of small holdings, and increase in those of a meilium size, attested by the statistical returns, sufficiently proves the general fact, and all testimonies show that the tendency still continues." — AliU's Polit. Economy, p. il3, Vol. i. 25 insecurity of the tenure. He answers, " In some instances an active man may have been prevented from investing his capital in Ireland on that account, but I do not think that class form a large proportion of the emigrants as yet," and a little further on he calculates the emigrants who belong to the tenant-farmer class as amounting to about four out of every 100 persons who quit Ireland, the great bulk of the exodus being composed of small tradesmen, artisans, and labourers. Happily, the case admits of even closer proof. In the denun- ciatory addresses with which all are so familiar, the tenant of Ulster is justly indicated as occupying an exceptionally good position, and many have declared they would be satisfied if the tenantry of the south could obtain, under an Act of Parliament, one-tenth of the security accorded by custom to the tenantry of Ulster. If, there- fore, the oppression and legalized injustice which is supposed to desolate the homesteads of the south, is absent from the north, it Avould be natural to imagine that the extinction of tenancies in Ulster Avould have been infinitesinial ; but as a matter of fact the havoc amon2:st the small farmers of Ulster during the first few years succeeding the potato failure was as portentous as in any other province in Ireland, for whereas in Leinster only 44,514, in Munster 85,929, in Connaught 78,958 holdings between one and fifteen acres disappeared, in Ulster as many as 95,429 have been obliterated. If we restrict the comparison to holdings between one andyiue acres, Ulster's sinister pre-eminence over Leinster and Munster is still maintained, nearly twice as many holdings of this description having been extinguished in Ulster as in Munster, and almost three times as many as in Leinster, the numbers being in Leinster 27,007, in Munster 44,956, in Ulster 74,650, and Connaught 81,786. It has been urged that the foregoing figures prove nothing, inasmuch as Ulster contains a farming population largely in excess of that of Munster and Connaught, and nearly twice as numerous as that of Leinster, and that we must ignore the fact of nearly 100,000 small holdings having disappeared in Ulster, on the gi-ound that they formed a smaller per-centage on the total number of farms in that Province than did those which have succumbed to a similar fate in Munster, Leinster, and Connaught, to the total number of farms in their respective Provinces. If this latter statement were correct, it would not be a valid objection. Every one is aware that the agriculture of the North 20 has always hccii in a .sounder wtatc than that oi' the South and West. But na it happons even the proportionate obliteration between 1841 and IHfJH of the very small holding's in Ulster, viz., of those between one and five aeres, has been llj per cent, greater than Avhat it Avas in Leinster, within 35 per cent, of what it was ill Miiiistor, only 77 per cent, below -what it wa.s in Connaught, ami almost identical with the general avernge for the kingdom. It is true, if we ascend to the next cla.ss of farms, viz., those between 5 and 15 acres, or if we take the farms of all ."izes which have been extinguished in the four provinces between the samie years, Ulster — as might have been expected — will show a more favourable per-ccntage, the ])ro])ortionatc decrease being 10 o per cent, in Ulster, against IGG per cent, in Leinster, 30'4 per cent, in Munstcr, and 22*7 per cent, in Connaught; but when it is remem- bered that the absolute number of extinguished farms rejiresented by these per-centages is 381)92 in Ulster, as compared with 22,374 in Leinster, 35388 in Connaught, and 4981(J in Munster, it will be admitted that even from this point of view the share borne by the prosperous tenantry of Ulster in the general calamity sufficiently shows Avith Avhat impartial severity every part of Ireland Avaa visited, and hoAv unfair it is to attribute solely to the oppression of the landlords of the South a disaster which Avrought an enormous, though perhaps not an equal, amount of ruin, in those districts Avhere their malign influence is acknowledged not to prevail.* But the measure of the Irish landlord's responsibility is not allowed to be limited by the decrease of agricultural holdings; nay, though it appears from the census returns that during a period of ten successive years, ending in 18()1, the number of farms in Ireland actually increased, we are still told that because a considerable portion of the population is leaving the country, its departure cannot possibly be occasioned by any other cause than the consolidating policy of the landlords. Let us then continue the application of the test made use of in the preceding paragraph. If emigration is only occasioned by landlord oppression, Ulster ought to have enjoyed a comparative immunity from the general depletion. But Avhat is the fact? Although immediately after Holdings in 1841. Holdings in 1S68. Decrease Decrease per cent. * Loinster, . 134,780 112,406 22,374 16-6 Munster, 163,836 114,070 49,816 30-4 Ulster, 236,697 197,702 38,992 16-5 Contiaught, 155,842 120,454 3S,3S8 22-7 27 the famine the emigration from the South was, for obvious reasons, in excess — though not very largely — of that from the North, the first wave of emigration that ever left the shores of Ireland pro- ceeded from the Protestants of Ulster,* and during the last eighteen years Ulster's contribution to the general emigration has been greater than that of either Connaught or Leinster, and in the ratio of about seven to six as compared with the average of the three other provinces. But the greater density of the population of Ulster may be again suggested in mitigation of this comparison. Such a con- sideration hardly alters the result. The ratio of emigration from Ulster to the population of that province has been greater than the ratio of emigration to population from Leinster and Connaught, though less than that from Munster in the proportion nearly of 1 to 2.t Parliament and unjust landlords, we are told, are depopulating the South: Avhat occult agencies are eflPecting a similar operation in the North ? There is yet another method at our disposal of testing the justice of these accusations. By a recent Statute, it has been enacted that no eviction shall take place in Ireland without the intervention of the Sheriff, Avho is bound to register every operation of the kind. This improve- ment in the law did not occur until March, 1865. Consequently, although we have Sheriffs' lists of evictions for some years back, they are more or less imperfect until we come to the returns for the year 1865, Avhich have been kept in accordance with the Act of Parliament in all the counties of Ireland except four. Of the evictions in these four counties we can arrive at a sufficiently correct estimate by an independent process. * See Arthur Young's "Tour in Ireland," and Sir G. C. Lewis on Irish Jisturbances. Per cent. t Katio of Emigrants from Leinster 1851 to 1868 352,160 r= 24-9 To Population of Leinster in 1868 1,412,923 Ratio of Emigrants from Connaught 1851 to 1868 228,775 To Population of Connaught in 1868 903,679 Ratio of Emigrants from Ulster from 1851 to 1868 495,540 To Population of Ulster in 1863 1,905,815 Ratio of Emigrants from Munster 1851 to 1868 706,054 To Population of Munster in 1868 1,358,124 = 24-4 = 26- = 51-9 2f< Table showing the Sheriffs' Return of Evictions actually executed in the year 1865. Actual return of Actual return of Erlctlons executed Evietlona executed l.y SJ lerlfT* by Sheriffs In Count ies 1 In Counties In of CltlCH In of Cities Counties and Counties of Towns Coon ties and Counties of Towns Ciirlow .... 11 Dublin .... 15 Dublin, City of - 42 Kildare .... 20 Kilkenny - . . - 56 Kilkenny, City of - "3 Kinj^'fi County 25 ... Longford .... 55 Louth .... ♦23 Drogheda, Co. of the Town of 5 Meath .... 27 Queen's County 30 VVestmeath 15 ... Wexford .... 54 Wicklow .... 14 l.TSTV^TTTR .... 345 50 LiAll^O JL JliA ... Clare . - . - 1!) Cork .... 71 Cork, City of - - - 14 Limerick - . - - *G6 Limerick, City of - Kerry .... 25 Tipperary-f" 36 VVaterford 22 -•■ Waterford, City of 5 IVIrXKTKR - - - . 239 19 Antrim .... 11 Armagh - . . .. 92 Cavan .... 36 Donegal .... 100 Down .... 29 Fermanagh 25 Londonderry 36 Monaghan 25 Tyrone .... *130 TTtiRTRR .... 484 \J UOl^Xk ... Gal way .... 48 Leitrim .... 47 Mayo .... 72 ... Roscommon •79 Sligo .... 20 Connaught . • - . 266 Ireland 1334 69 * In these instances the Sheriff's returns were imperfect, and the figures have been supplied by assuming that the number of evictions executed equalled the entire notices served on the Relieving Offictrs. t This is given in the returns as the " County of Clonmel," and it is presumed that Tipperary was meant. 29 By a previous Act of Parliament every landlord, before pro- ceeding to evict a tenant, was compelled to give notice of his intentions to the relieving officer of the Union, who kept a return of all such notifications : these returns extend over the last seven years, and have been presented to Parliament. Of course they do not give us the exact number of actual evictions, because it frequently happens, when the landlord has resorted to this pro- cedure for the recovery of his rent, that the tenant pays up at the last moment, and no eviction takes place, though the notice to the Reheving Officer remains uncancelled. During the first three years of the series great neglect occurred in making up the lists, and even for the last year no information is supplied from a considerable number of the electoral divisions. Luckily, hoAvever, the returns of the relieving officers from the four counties, for which the Sheriffs made no returns, happen to be perfect, and more than supply the links necessary to complete the list of evictions for the whole of Ireland during the past year, as will be seen on reference to the opposite table. \Yith the exception of those for Dublin, and a few other places, no distinction has been made between the lurban and the agricultural evictions, though for the purposes of the present argument such an analysis would have been desirable. On the other hand the return of evictions during a single year is not altogether a safe guide to an average over a longer period. Let us then convert the figures with whicli we are furnished for 1865, into a round number, and take the general rate of rural evictions in Ireland at about 1,500 per annum, which is probably considerably in excess of the truth. — {See Table.) The total emigration from Ireland has averaged during the same interval about 90,000 a year. If therefore this emigration has been so swollen by evictions, the annual average of such evictions ought to be proportionate to that emigration ; but the average of evictions during the same period, as compared with the number of emigrants, has been at the rate of about two to every 100. That is to say, among every 100 persons who have left Ireland during the last six years about ten persons, if we include the family of each individual dealt with, have done so under the compulsion of a landlord. In other words, and to display the case still more explicitly in relation to the whole subject, during the only period for which we have trustAvorthy statistics, evictions have been effected (supposing the responsibility for them be distributed over the entire landlord class, which is the theory insisted on) at the '30 r;it(! of one, once in every five yeans, on each estate; or, to put the case rr(!()i^ra|)lil(;ally, at the rate; of" one a year over every area of 1 (),()()() acrc-i of occii[)ic(l land. It is further to l)e remarked that evictions Iiavo been fewest in Munster, the Province from whence the hirijcst emii^ration has taken ])hic('.* Not only, however, do we know the numhcr of evictions during the last ten years, but we also know what proportion of these evictions was necessitated by the non-payment of rent. It is true the returns which 'Ave this information a^^ain confound the urban with the rural districts, but it ms,y fairly be supposed that the same j)roportions ])revailed in either category ; and if that be taken for granted, it would a[)pear that of the total number of evictions which the landlords have effected in Ireland two-thirds were for non-payment of rent. When, therefore, it is considered how many are the other contingencies, — such as the infraction of covenants, intolerably bad cultivation, subletting and illegal squatting, which not only entitle but render it incumbent on a landlord, from time to time, to free his estates of an undesirable tenant; and the extraordinary number of tenants on each estate, which of course must multiply the chances of collision, it is impossible not to come to the con- clusion that the annual rate of evictions for other cause than that of non-payment of rent, whether taken with reference to the number of occui)iers, or to the extent of the area occupied, — in the one case amounting to about O'l per cent, per annum, in the other to about one eviction per annum to 30,000 acres, proves con- clusively that the relations of the landlords of Ireland with their * Returns have been received from the Clerks of the Peace of the several counties in Ireland of the number of civil bill ejectment decrees on notices to quit obtained at the several Quarter Sessions in the years ISGti, 18G7, 1S6S, and ISGO, from which it appears that the average annual number in all Ireland during these years has been, as nearly as possible, 1 in every 880 agricultur.il tenements ; and from the returns of the sub-sheriffs it appears that only about 1 in every 2,000 — being less than one-half of the decrees so obtained — have been executed. One remarkable feature, however, in these returns is, that while in Ulster the proportion of ejectment decrees against agricultural tenements is so high as 1 in 610, in Leinster, Munster, and Connaught the proportion is only 1 in 1,-20, the relative proportion of those executed being about the same in each of the four Provinces. Out of every 10 decrees executed, 7 were for non-payment of rent, and 3 on notices to quit, the average amount of rent due when the process issued being about 2i years. These returns do not support the allegation that agrarian disturbances are generally traceable to evictions or clearances by l.indlords, the fact being that where evictions are more rare agrarian disturbances are more frequent ; .ind in Ulster, the Province proverbially most free from such disturbances, evictions have been twice as numerous as in any of the others. It is evident, therefore, that these outrages must have some other origin than " the eviction of the rural population by their landlords." 31 tenantry are by no means on that uncomfortable footing Avhich is alleged, and that to describe Ireland as " a land of evictions " is to adopt an expression calculated to convey a false impression. But ir is now objected that though the list of evictions may not witness so conclusively as might be desired to the tale of oppression, that a record of evictions is, after all, but an incomplete indication of what is going on, and that it is the fear of eviction which uproots the people, before the landlords have occasion to put in motion the machinery of the law. The difficulty of disproving so indefinite a charge is obvious. The fact that more than a decade has passed without diminishing by a single tenancy the number of farms in Ireland, is not likely to make much impression on those who have started this new theory. Still less would the inference that no landlord can have an interest in dispossessing a good tenant who pays his rent do so. Fortunately for the cause of truth, we have positive evidence on this point. It is the practice of the Custom House authorities in their register of the persons emliarking for foreign countries carefully to note their previous occupations. Now, it appears from these returns, which extend as far back as the year 1854, that the total number of the farming class who have quitted the United Kingdom during the 13 years preceding 1867, amounted to 86,388 persons, that is to say, to about 4 per cent, of the total emigration. Even supposing, therefore, that no English or Scotch farmer were included in the category, the total number of occupiers leaving the ports of Britain would only form eight per cent, of the emigration from Ireland alone ; but the analysis by the Emigration Commissioners of the nationality of the agriculturists who emigrated during the years 1865 and 1866, shows that the Irish element was very little in excess of the British, and that the total number of Irish occupiers who sailed from any part of the United Kingdom Avas exactly 2\ per cent, of the Irish emigration during the same period. In fact, turn the matter as you will — ^pply what test you please — start from Avhatever point you choose — all the evidence converges to the same conclusion, and establishes beyond a doubt that out of every 100 persons Avho cross the Atlantic (a very large proportion of Avhom consist of gentlemen, professional men, merchants, &c.), not more than two or three are induced to do so by any difficulties which may have arisen out of their relations Avith their landlords.* * Total number of Farmers who have emigrated from the United Kingdom in 1864 ......... 7,245 Total number whom the Commissioners have classed as Gentlemen, Profes- sional Men, Merchants, &c. ....... 5,842 32 CIlAPTEll TIT. ECONOMIC niSTOKV OF IRELAND. Wk have sliown tlmt the "exterminating policy" of the Irish hindlonls has resulted in the existence, at the census of 18G1, of a <;rcater number of holdiny-.s of all sizes in Ireland than there were in 1851, and of 1G(),000 more tenant farmers of fifteen acres and upwards than there were twenty years ago, the smallest area which, in tiie unanimous opinion of Judge Longfield, of Mr. Dillon, of Mr. M'Cartiiy Downing, of the Catholic Bishop of Cloyne, and of Mr. Curling, can be cultivated with advantage, or over which those gentlemen would themselves be willing to extend the protection of a lease. But it is said by some that the real accusations against the landlord class in Ireland, so ruthlessly gibbeted, is not exactly for their own acts, but as representatives of those bygone generations to whose vicious mismanagement of their estates the present misfortunes of tlie country are to be attriljuted. That such is not the issue raised in the various manifestoes alluded to will be at once apparent on referring to them ; but, as it may be useful to ascertain what have been some of the historical sources of Ireland's economic difficulties, let us endeavour to discriminate between the share in them attributable to the former owners of the soil and that which is due to other causes. The writer who thus proposes to antedate our responsibilities seems satisfied he has arrived at the fountain-head of Ireland's calamities when he ]ioints his finger at tlie Irish ])roprietary of former days ; nor does he dream of inquiring whether tlie landlord of 70 or 80 years ago may not himself have been a creature of circumstances, involved in the complexities of a system of which he was as much the victim as his tenants. The po})ular conception of the Irish country gentleman of former days is principally derived from works of fiction and caricature, and is probably as correct as is usual with information gathered from such sources. In many respects it stands in favourable juxtaposition Avith the picture drawn of his English contemporary by Macaulay, though the noxious influences which emanated from the policy pursued by England towards the Catholics of L-eland must have been as denun'alizing to him as it was to every other member of the dominant community. But it is alleged that the i^ractical results 33 of his dealing with his property have been over-population, rack- rents, and an exodus of 2,000,000 souls. The question is, have these phenomena followed in such direct sequence as is alleged, or have other influences, independent of the landlord's agency, vitiated a system Avhich otherwise would not have been unhealthy ? Now, of the three evils he is supposed to have occasioned, the two last are the direct consequences of the first. A rack-rent is the product of competition, and both competition and emigration are the results of over-population. The true measure, therefore, of the responsi- bility of the Irish landlord is the share he has had in disturbing the equilibrium which ought to have been maintained betAveen the increase of population and the development of the country's industrial resources. As a matter of fact, it does not appear that the Irish landlords of former days dealt harshly Avith Iheir tenantry. Even Mr. Butt admits that during the whole of the 18th century there were scarcely any evictions, and that long leases were almost universal ; while Judge Longfield states that so late as 1835 there was very little land in the southern and western counties not on lease, and that " most of the leases were all in the tenants'' favour ^ Nor is it alleged that the landlords themselves exacted exorbitant rents; the principal complaint against them is that they leased their lands to middlemen, and that sometimes they were separated from the actual occupiers of the soil by a dozen derivative tenures. From this fact it is evident that the rents they charged must have been comparatively moderate. But long leases at moderate rates are hardly a criminal arrangement. It is true the increasing pressure of a teeming population, and the natural instinct which. Judge Long- field tells us, is inherent in every Irish tenant — to turn himself into a landlord if he gets the chance — resulted in a state of things replete with mischief But for the development of this unexpected phase in the Irish land system, the proprietor is by no means responsible to the degi'ee which is supposed. Up to nearly the close of the last century the great proportion of the country was in pasture, and the population was less than half of what it amounted to in 1841. The holdings were of considerable size, and when a farm was let the landlord never dreamt of its being converted into tillage, and no provisions against subdivision were introduced. But as population multiplied the situation changed, and the enormous rise in the price of grain and provisions on the breaking out of the French war made it the interest of the tenant c 34 to Piilxlividc Ills luiid as minutely as ho could. lie accordingly introduced an Irirfii edition of what in known as " la petite cidturc." It is true most of the latter leases contained clauses apainst sub- lot tini,', hut an unox[)ectcd lej^al subtlety rendered thcni ])ractic^lly inojx'iative, and when attenipts were made to stoj) an innovation, which in no way benefited the landlord, most proprietors found, after fjoin^ to preat expense, that thoy wore completely powcrlc.-j. The practice consequently spread, and an oljnoxious class of middle- men, as they were termed, re-let the greater proportion of the soil of Ireland at rack-rents to their teeming countrymen, in small holdings sometimes less than half an acre. But though the majority of middlemen became constituted in this manner, there is no doubt that sometimes they were placed in possession of land by the owners, with tlie express intention that they should sublet, and it is with this method of ])rocedure adopted by a few that the entire class have been credited. Though, however, the experiment turned out unsuccessfully, there was nothing at the time to warn the proprietor against it, and it can be easily conceived that many a landlord, speaking neither the same language, nor professing the religion as his tenants, might consider it not only a very convenient but a very popular alternative to give a long lease at a low rent to some person less alien to the peasants in race and religion than himself, upon the understanding that he might relet it in smaller areas. If the event proved unfortunate, it was not because the tenant was a middleman, but because he dealt Avith his comrades and co-religionists more unmercifully than might have been expected.* AVhether even the middleman is deserving of all the abuse which is heaped upon him may be a question. To drive a hard bargain is a falling not confined to that class of persons ; and, perhaps, the moral responsibility of accepting a competition rent is pretty much the same as that of profiting by the market rnte of wages. If the first is frequently exorbitant, the latter is often inadequate, and inadequate wages are as fatal to efficiency as a rack rent is to production; though each be the result of voluntary adjustment, it is the same abject misery and absence of an alterna- tive which rule the rate of both ; if the unhappy condition of the * Besides the subletting,' by nii and the requirements of present policy. It would be as 43 great an outrage to visit with penal legislation the recent piu'chascr of a property in the Incumbered Estates' Court because fifty years ago the grandfather of the former proprietor created 40s. freeholders (a tenure of Avhich Mr. Butt speaks almost with approval) and took the best rent, as it would be to load the woollen manufacturers of Lancashire with the responsibility of Ireland's misfortunes because the particular industry in which they are interested owes more than any other its present prosperity to the cruel policy towards Ireland inagurated by their predecessors. CHAPTER IV. EVICTION ARE LANDLORDS OR TENANTS ANSWERABLE ? We now come to the third point in our inquiry — viz., whether it is fair to refer the evictions in Ireland to the injustice of the landlords rather than to the neglect of their legitimate obligations on the part of the tenants. What has been already said almost answers this question, while the fact that over two-thirds of the registered eject- ments are for non-payment of rent speaks for itself. But as it is the fashion to talk of the act of eviction as if it were a crime, we shall analyse the nature of the operation. First, let us define the respective rights of landlord and tenant. A landlord is an owner of land which he has either bought himself, or inherited from those who have bought it. In either case, the land he possesses represents a specific amount of capital, accumu- lated either by his own industry or by that of his forefathers, for which he is content to receive interest at a rate sometimes less than, seldom exceeding, 4 per cent. Considerable prominence has been given of late to the fact that in the time of Elizabeth, Cromwell, and William, extensive confiscations of property took place in Ireland, and it has been more than hinted that such a circumstance might justify the repetition of an analogous process. But, however strongly this argument may appeal to the conscience of the small minority who are able to trace their present proprietorship to an historical source, it will hardly commend itself to those whose pos- sessions represents the mercantile industry of some distant ancestor, improved by centuries of hereditary thrift, or the proceeds of their own exertions invested in land on the faith of a Parliamentary title. 44 "Wliotlior vajTiic HUfrpfcstlons, — which (as far as they mean anything) AViMihl inii)ly tiic uj)n)()rnif^ of the whole of" the jtojmlation of" Ulnter, and th>/ lapse of time or by the violation of his contract, with any peculiar rights in excess of those which may be inherent in the community at large. Of course, in the case of land, tlie desirable duration of a tenant's occupancy may vary with circumstances, from one year to a hundred ; it might equally suit him to take, and me to let, a corner of my park for a single crop, or a bit of pasture for a few months' grazing, or a tract of heather under a reclamation lease of sixty years. But if the principle of the arrangement is to be defined it may be stated as an axiom that, unless otherwise pro- vided for by special agreement, a tenant's equitable claim to the occupation of his farm extends to such a period as shall enable him, by ordinary diligence and skill, to put back into his pocket the capital he has ex])ended on its improvement, together with a fair amount of interest upon that capital;* for it is evident, first, that were the profits of agricultural enterprise to be artificially hoisted to a rate of interest beyond the amount appropriate to such investments, the consequent stimulus to competition would innne- diately reduce them to their normal level; and, secondly, that to * It is sometimes objected that land having been made valuable by the exertions of the former generations of tenants, the additional fertility thus created ought to devolve like an apostolic succession on the actual occupants. But if the persons referred to conducted theii- business properly, the}' have been already remunerated by their annual surplus of profit. The increased value permanently acquired by the land through tlieir exertions, was a subsidiary accident which they neither intended, nor could prevent. It was in expectation of suck a result the land was let to them. In pursuit of tlieir own interests they happened to disengage the latent virtues of the soil, which were the property of the former owner, and which, after they had been developed, the subsequent purchaser of the estate acquired For a tenant, therefore, to claim a share in the increased value of the land in addition to his fair protits, would be as unreasonable as for the labourer to claim a share in the tenant's profits in addition to his own wages, on the plea that those profits resulted from the increased fertility communicated to the lanJ by his manual toil. The argument is as cogent in the one case as the other. Moreover, as a matter of fact, though the labour of former tenants may frequently have improved the land, the operations of the actual tenant have as often deteriorated it : and virgin soil that was worth a great deal before a spade had touched it, may become completely exhausted by bad cultivation. 47 endow the present chance occupiers of farms with an indefeasible tenure Avould be tantamount to the imposition of a disability on the rest of the non-occupying population to hold land. The tenant's claim to occupation being necessarily, then, of a terminable cliaracter, he has no right to complain if his landlord finds it advisable, on the expiration of his term, to confer on another advantages similar to those he has hitherto enjoyed. Many con- siderations indispose both parties to change their relationship. Ancient associations, habits of friendly intercourse, the fellowsliip which unites old .customers, may preserve the bond for generations ; but when once it becomes the imperative interest of either to cancel it, the endeavour of any third party, such as the State, to force the maintenance of a connexion, which in its very nature is one of voluntary obligation, will tend to precipitate the rupture. It is admitted by the witnesses on the other side that an indus- trious tenant is seldom, if ever, turned off- an estate in Ireland; but it is a mistake to imagine that non-payment of rent is the only circumstance which can justify evictions. Any one acquainted with the management of land is aAvare that an idle or unskilful farmer, even though he pay his rent, may do his landlord's property more harm than an industrious tenant, who is occasionally in arrear. Few things are more liable to deterioration than land, and the value of a field may be as completely annihilated — or, in the graphic language of a gentleman before the Land Commission, " the life and soul dragged out of the land " — for a certain number of years, as that of a house off which you take the roof! One of the landlord's most important duties is that of insuring the consummate cultivation of his estate, and to hold him up to obloquy because he makes a point of weeding his property of men whose want of energy, or skill, or capital, renders them incapable of doing their duty by their farms, and replacing them by more suitable tenants is hardly reasonable. Were he not to do so, he might, with more reason, be censured for neglecting his duty to himself and to the State. Again, the failure of the potatoes, the repeal of the Corn Laws, and the application of steam and machinery to husbandry, have converted a primitive art into a complicated science. If the Irish agriculturist is to hold his own with the foreign producer, it can only be by high farming, a large expenditure of capital, and great economy of labour — conditions of industry almost incompatible with the maintenance of unreasonably small fai*ms. There has 48 conflcqucntly arisen a dosirc on the part of l)otli landlcjnl and occii[)ior to Increase cxistiiig lioldiiign, and wlien hucIi a I'eelinf^ prevails in the minds of the two parties chiefly interested, the tendency will not be arrested by legislation. " Fifteen years' experience in the management of property in Ireland," observes Lord Dufferin, and the experience of many others will bear him out, " has convinced me that the farmer of 20 acres at a fair rent makes a larger profit, educates his children better, accumulatfis more capital, and is more contented than the holder of eight or nine acres at the same rent, and that, at least, up to 30 or 40 aca-es, the advantage continues in an ascending ratio. Many advocates of the small farm system would carry it higher, and almost every tenant on my estate is probably of their opinion. I am by no means disposed to consider the English system of large farms applicable to Ireland ; on the contrary, I believe we shall eventually settle down to an average size of farm, as exceptionally suitable as in the gauge of our railways ; but if a landlord wishes to furnish his estate with farm buildings of his own erection, and to better the position of his industrious tenants, by rendering the size of their farms proportionate to their capital and energies, no law should impede his action, even though the operation involve the occasional conversion of a struggling tenant into a well-paid labourer or prosperous emigrant. Far from considering the latter alternative a hardship, I have invariably counselled emigration to any healthy single young man among my tenants in whom I was specially interested, and whose embarrass- ments at home compromised his future. In doing so 1 recommended the course I myself should have adopted imder similar circumstances, and in no instance has the step been regretted. At this moment several of the most prosperous farmers on my estate are men who went out in their youth to Australia and to America, and have returned in the prime of life with an ample supply of capital, to renew with myself on a still more permanent basis the connexion which had subsisted for many generations between our respective ancestors." It may be justly urged, that the moral character of an act of evic- tion will greatly depend on the complete termination of the tenant's legitimate interest in his farm ; but the argument presupposes this essential condition ; and when it is remembered that according to Judge LongfiekVs dictum " no improvement on a small fnnn will pay ; that there is no small portion of the land of Ireland in the hands of tenants to whom a promise of compensation for bond Jide improvements would be useless: they have neither skill, capital, nor energy to undertake such tasks," and that the deterioration of the land, if justly estimated, would be found to outweigh, in most 49 cases of eviction, the counter-claim of the tenant for compensation, it is improbable that many instances have occurred in Avhich this condition has not been fulfilled. Therefore, Avhile we freely admit that a heavy obligation rests upon the landlord to exercise such extreme rights Avith great moderation, and Avith a charity far in excess of his legal responsibilities, in the face of the forefoino- considerations, it may Avell be doubted that it Avould be either just or Avise to curtail them. In fact, the transition which is affecting the agricultural Avorld of Ireland resembles the revolution Avhich overturned the manufac- turing system of England on the introduction of the poAver-loom. In each case an improvement of method thrcAv a large proportion of the population of either country out of their accustomed groove, and great suffering and discontent ensued ; but, for Parliament or public opinion to compel the agricultural interest of Ireland to maintain an unprofitable or exploded system of husbandry, for the purpose of preventing emigration, Avould be as unreasonable as an edict to preclude the mill-OAvner of Manchester from adopting such mechanical improvements as economize manual labour, or from working half-time durina; a cotton famine. That a moral duty rests on the promoters of every industry, whether commercial or agricultural, to mitigate the distress incident to those periods of transition Avhich periodically disturb all branches of employment, cannot be too strongly insisted upon ; but there can be no such essential difference in the relations betAveen a landlord and his tenants, and an employer of wages and his Avorkmen, on the e^vjnration of their respective contracts, as should render such obliga- tions more imperative on the one than on the other. Indeed, if a distinction were to be drawn, it Avould tell rather in the landlord's favour, inasmuch as the wealth accruing to him from the exertions of his tenants chiefly represents a Ioav rate of interest on capital already accumulated Avithout their co-operation; Avhereas, in the case of the manufacturer, a great portion of his capital, and of its rapidly increasing profits, has been created by the toil of those AA'hom he finds it convenient to dismiss at a Aveek's notice. But, whatever the nature of the moral duties of landlord or master, under such circumstances, it is clear they cannot become the subject of legal enactment; and if any proof were needed of the ripeness of the working classes for a large extension of the franchise, it might be found in the economical sagacity and keen moral sense which have enabled them to distinguish the limits 50 witliiii wliich Piirliainont can be justly required to ar})itrate in Bucli mattors between tbemHclves and tboir cmployerfl. Let us now turn to tlie two eoncliidlnj^ jjoints in our inquiry, viz.— 1st, the extent to whicli the present discontent is to be attri- buted to laws affecting the tenure of land ; and 2nd, tlie degree to which any cliangc in those laws would modify that discontent. The existence of a certain amount of disaffection in the minds of a large section of the Irish race cannot be denied; but, in the first place, in defining its extent, we have the statements of the Catholic Prelates of Ireland, who have authoritatively j)ronounced it to be confined to the least respectable portion of the community, and, in the next, we must entirely dissociate it from the more subtle feeling of uneasiness which is said to pervade tlie minds of the tenant farmers of the south and west. What there is reason to dispute, is that the hostility manifested towards the Government of England l)y the Irish in America, in the great manufacturing towns of England and of Scotland, and by the non-occupying population of Ireland itself, has been occasioned by laws affecting the tenure of land, or is likely to be modified by any change in them. Fixity of tenure wovdd not have materially impeded the exodus after the potato famine, nor have affected the action of the land- lords, in so far as they may have contributed to it ; for even that fimtastic desideratum — as advocated by Mr. Butt — presupposes o-ood husbandry and the payment of rent; two conditions of which the great majority of the small occupiers who either left of their own accord or were evicted during these last five-and-twenty years were from the circumstances of the case incapable ; so, even admittin"" that much of the ill-feeling of which Feniunism is the exponent is to be traced to the resentment of those who emigrated, it is clear that so long as the landlord is to be left with any control or proprietorship at all over his land, neither his conduct nor their opinion of it would have been materially modified. The same observation holds good even in a greater degree with respect to any law which might have regulated compensation, as the improve- ments on a cottier tenancy would have seldom been of an appreciable amount.* As a matter of fiict, we believe that few of * "Now the best friends of the Irish tenant must allow that there are fewer of the small land-holders who (in the sense that any tenant-right bill could recognize) have hitherto been improving tenants than there are of the reverse. Any legislation, therefore, that merely gave the tenant a property in his bona fide improvements coald 51 the actual occupiers of land are tainted with Fenianism. Scarcely any farmers have been implicated in that conspiracy, though, perhaps, some of their relatives (in other words, persons with a much more modified interest in land than themselves) may have been entrapped. The tenant of a piece of land, even under the alleged disadvantageous condition of his existence, has much more to lose than to gain by the overthrow of the existing order of things. The adult male population of Ireland is about 1,900,000. Of these about 500,000 are the occupants of farms. In the event of a revolution the non-agricultural majority could alone hope to benefit by it. As political disturbances ai^e unfavourable to the develop- ment of manufactures and the importation of capital, the population of Ireland would become more dependent upon the land than they are at jn-esent. It is true the landlord's rent would be at the disposal of the community ; but, as it is but a fourth of the produce, its confiscation would only make room for about 100,000 new occupiers, without improving the condition of the present ones. But there will remain above a million of more or less necessitous persons to be accommodated, among whom, there- fore, large sections of the present holdings would have to be divided, and filibustering patriots from America* might prove as exacting as Cromwell's troopers. But, though the farming classes of Ireland regard Fenianism with hostility and terror, it cannot be denied that in many districts they are restless and dissatisfied with their own position. The degree of this discontent is dependent upon different circumstances. Nowhere in Great Britain does there exist a more orderly or contented body of men than the tenantry of Ulster; and I believe that, so far from regarding what are called " the tenant-right agitators" with favour, they rather shrink from the risk of reducing the gracious customs Avhich are now voluntarily maintained between them and their landlords into the definite and inelastic phraseology of the most liberal Tenants' Compensation Bill which could be devised. be a boon at the present moment only to the minority of the tenant class. The larger number of the cottiers and small farmers, not having made any improvements, would be unaffected by the protecting law, and would be as liable as ever to unrecompensed eviction." — Home and Foreign Eevieiv, April, 1864, p. 353. * A tenant in the South of Ireland lately received a letter from America, warning him at his peril to break up some pasture, as the writer intended on his arrival to api^ropriate the farm, of which it formed a part, himself. Were the American-Irish invasion ever to take place, the traditional claim which might be set up by the Sons of a former generation of emigrants to portions of existing holdings might prove very embarrassing to their present occupants. 52 In the south and west matters are very difFcrent; but even there groat diversity of sentiment exists; the aspirations of the peasantry bciii!^' apt to take a h)cal eolourinj,', varying with the influences which have been brouglit to bear ui)on them— differing on different estates and in different counties, in some districts their utmost pretensions l)eing most reasonable, while in others they are such as no legislation could satisfy; nor, unhappily, does it always fc^llow that those tenants arc the most contented who arc treated with the greatest indulgence. But, though embodied in a hundred different modes of expression, the disquietude of the Irish occupier may be referred to three distinct conditions of thought : — First, a fear of any change in his position acting on a mind possessed with a blind, unreasoning hankering after a bit of land ; the traditional failing of a people to whom for centuries land has been the only means of support, and which leaves them the moment they arc surrounded by other associations. Secondly, a vague jealousy springing from his incapacity to understand the laws which ren-ulate investments of capital in civilized countries, which makes the tenant grudge any expenditure on his fiirm that will be of ulterior benefit to his landlord, though it might in the meantime repay himself, capital and interest, twenty-fold. And thirdly, the lc"-itiniate anxiety of a thoughtful man, whose prospects are kept in perpetual hazard by his landlord's unwillingness or inability to grant an appropriate lease Of these three separate causes of discord between the landlords and their tenants the two first are by far the most prolific of ill-feeling, and at the same time the most difficult to remove, and are aggravated not a little by selfish and unprincipled agitators. The third cause — and, at the same time, the least prevailing — arises more frequently from the inability than from the unwilling- ness of the landlord. There are few proprietors Avho do not feel — and this feeling is increasing — that it is their interest to make a solvent, industrious, and intelligent tenant secure in his tenure, and contented Avlth his position.* The readiness with which leases are granted to Scotch and English farmers, who are willing (if permitted by the people) to invest their capital on Irish soil, is a strong proof of this. * Sir John Gray admits this in his speech at Manchester, October 18th, 1869. "The majority of landlords in Ireland," he says, "act in accordance with this principle (the right of occupancy at a full and fair rent), beoanse they feel it to be beneficial to themselves and just to their tenants." 53 CHAPTER V. PKOPOSED REMEDIES IN THE LAND TENURE CONSIDERED. Those various plans which have been proposed for the settlement of what is called " the Irish Land Question" may be grouped under four distinct methods of procedure. Let us consider in turn. First in order comes the scheme (advocated by Mr. Bright), of enabling the peasantry of Ireland to buy up, with money advanced by Government, the estates of British noblemen happening to be owners of property in both countries, at a price 10 per cent, in excess of their value. Now, it would ill become Irish landlords to allude to such a proposal in any terms but those of respect and gratitude, as a genuine proof of the author's goodAvill toAvards them. Nor do we dissent from Mr. Bright in regretting that so much of the land in Ireland should be possessed by those whose permanent home is never likely to be in that country, although the selection of names by which his well-meant suggestion was dis- figured happened to be unfortunate. Had he contented himself with expressing a hope that it might be found convenient to some of the gentlemen circumstanced as he described, to allow their Irish property to descend (where family settlements Avould permit) in the line of their second sons — a suggestion already made by INIr. O'Connell — many would have cordially agreed with him, especially as the fact of estates having been in the course of sale at the rate of £1,000,000 a year in the Landed Estates' Court renders his offer of a premium unnecessary. With regard to the eventual result of Mr. Bright's scheme ou the happiness of the people, we may well entertain grave doubts. In the first place, the practical difficulties in the way of its execu- tion would be enormous: — unless land is let much lower than Mr. Bright would probably care to admit, there are not many tenants who could afford to pay, in addition to their usual obligations, 5 or 6 per cent., for a number of years, on Avhatever sum the fee-simple of their holdings might be worth; and, in the next — until the operation was completed, Government would find itself charged with the responsibilities of a land agency of a most onerous charac- ter, over property scattered in innumerable small subdivisions up and down the country. Occasions would arise when the increased rent would cease to be forthcoming, and, as trustees for the tax- payer, the State would have to proceed against the defaulting 54 tonnnt with inflcxihlo ri<^()ur to resiimo possession of his holdlnf^ — [)rol);ihly much (Ictciioratcd by necessitous husbandry — and either to confiscate the paid-up portion of the purchase money, which ■wouhl be considered a ;^ross Injustice by the person evicted, or to return it to him, wliicli would be an equally sensible loss to the Exchequer. But, supposinjT the creation of these small proprie- torships hiippily effected, is it so certain that the f,'cncral condition of the country would be improved? What guarantee have we against these several infinitesimal estates acquiring the character of the already existing perpetuities?* It is the fashion to argue that the relation of landlord and tenant, as it exists in England, cannot be comprehended by the genius of the Irish people. But it is the only relation the Irish peasant docs (at least so long as he remains in Ireland) thoroughly appreciate. The labourer's dream is to become a tenant ; the tenant's greatest ambition is to enjoy the dignity of a landlord. What he cannot be made to realize is, that an independent labourer is a more respectable personage than a struggling farmer, and a prosperous husbandman than a rack- renting squireen. It is true, were ]Mr. Bright's scheme to be put in operation, it would be perfectly justifiable for the State, while in promoting these purchases with public money, to impose stringent conditions against subletting ; but such precautions would be found practically inoperative, or only to be enforced by a code of primo- geniture, entail, and limited ownership, such as would keenly shock the advocates of the change, and would run counter to one of the most inveterate and favourite habits of Irish tenants — that of providing for children and their descendants by subdivision of their farms, a fact upon which we have already observed, and which is established by a host of witnesses before the Devon Commission, of diflferent classes of politics, including Mr. OConnell. Supposing, however, the system worked no worse in Ireland than in France, the state of agriculture in France, with so many advantages of climate and with such variety of resource, is not a re-assuring precedcnt.f * Mr. Mill, with his usual sng.acity, has detected the difficulties which might arise out of the indiscriminate conversion of the present tenantry into peasant-proprietors. " A large proportion, also, of the present holdings are probably still too small to try the proprietary system under the greatest advantages ; nor are the tenants always the persons one would desire to select as the first occupants of peasant-properties." — Mill's Polit. £co)i., p. 411. + Making every allowance for the improvement which has undoubtedly taken place of late yeai-s in French farming, it is still a considerable way behind England 65 " At this moment," says Lord Dufferin, in 1867, " I believe there are several hundred thousand small freeholders in that country too indigent to contribute their penny or half -penny a year to the taxation of the country. An excessive proportion of arable land lies fallow ; the gross produce per acre is much less than it is in Belgium and England; a large number of their Liliputian estates are grievously encumbered ; of some the original purchase money has not been paid ; while Mr. Michelet has declared the position of the small French proprietor to be so intoler- able, that the only hope of salvation for the agricultural interest of France lies in the repudiation of all mortgages." If, then, competition, generated by a very minute subdivision of landed property, has produced these results in France, where the rural population scarcely increases, and Avliere there exists a large manufacturing industry to absorb the surplus labour of the agricul- tural districts, its effect in Ireland might be yet more disastrous. Therefore, though heartily sympathizing Avith Mr. Bright in his desire to see a substantial yeoman class established in Ireland, and admitting that to many individual cases the objections indicated Avould not apply, Ave fear the comprehensive scheme by Avhich he proposes to attain that object, is not sufficiently promising to justify us in running the risk it would entail. We now come to a series of proposals of a very different com- plexion, proposals Avhich involve the transfer of a large amount of proprietary rights from the landlord to the tenant. We do not deny the right of the State in cases of emergency to deal in a very peremptory manner Avith private property of all kinds, and especially Avith landed property ; but, in assuming this right, it must be made clear that its exercise will be of indisputable benefit to the community at large, and the individual to Avhose prejudice it is enforced must be compensated at the public expense to the and Belgium, and whatever progress is being made is rather in spite than in conse- quence of the extreme comminution of the soil Even Mr. Mill admits the tendency to subdivision in France has been too great, though the cultivation of the vine is so peculiarly adapted to " la petite culture." Native authors visit it with more serious reprobation. " I know that ten years' produce per acre in France, as a whole (though not in its most improved districts), averages much less than in England." — Mill's Polit. Econ., p. 189. "Undue subdivision, and excessive smallness of holdings, are undoubtedly a preva- lent evil in some countries of peasant proprietors, and particularly in parts of Germany and France." "The Governments of Bavaria and Nassau have thought it necessary to impose a legal limit to subdivision, and the Prussian Government unsuccessfully proposed the same measure to the Estates of its Rhenish Provinces."— i>i^. Dev. Com., p. 381. 50 full niiiuiiiit of tli(; injury lie sustains.* The safety of a nation may depend iij)()ii the security of an arf^enal, and that of the arsenal on th(! conversion of a hovcd into a redoubt; yet the engineer in command dare no more remove a brick from the obnoxious premises without the sanction of an Act of Parliament, and an elaborate valuation, than he dare blow up St. Paul'.s. But considerations such as these, the authors of the various schemes "for dealing vigorously with the Irish landlords" deem beneath their notice. The most notable plan is one lately promulgated by Mr. Butt, a gentleman of eminence in his profession. As hi.s plan i.s typical of a large series of others, it may be well to examine it. It is em- bodied in the form of a projected Act of Parliament, which declares that after the said Act every tenant who chooses to claim its pro- tection shall be entitled to a lease of (53 years at a rent one-third below the full or competition value. Thus, by a single stroke of the pen, the whole of the landed property of Ireland is to be with- drawn from the control and enjoyment of those who have either purchased or inherited it, and is to remain for two entire genera- tions at the disposal of the 540,000 persons who may happen at the time of the passing of the Act to be in the occupation of its several sub-divisions. This, too, without reference to their individual qualifications, and in the teeth of the condemnation passed by the tenants' best friends on even a 21 years' lease, if granted for a holding of less than 15 acres, within which category more than one-third of the farms of Ireland still remain. * Even Mr. Mill, though inspired with no very indulgent feelings towards the land- lords of Ireland, admits this principle. "The claim of the landowners to the land is altogether subordinate to the general policy of the State. The principle of property gives them no right to the land, bot only a right to compensation for whatever portion of their interest in the land it may be the policy of the State to deprive them of. To that, their claim is indefeasible. It is due to landowners, and to owners of any property whatever, recognized as such by the State, that they should not be dispossessed of it without receiving its pecuniary value, or an annual income equal to what they derived from it. This is due on the general principles on which property rests. If the land was bought with the produce of the labour and abstinence of themselves or their ancestors, compensation is due to them on that ground ; even if otherwise, it is still due on the ground of prescription. When (he property is of a kind to which j^fcuUar affections attach thansclies, the com- pensation ought to exceed a bare 2^ccuniari/ equivalent. The legislature, which if it pleased might convert the whole body of landlords into fundholders or pensioners, might, (I fortiori, commute the average receipts of Irish landlords into a fixed rent charge, and raise the tenants into proprietors ; supposing always thnt the full market value of the land was tender^ d to the landlords, in case they preferred that to accepting the conditions proposed." — Mill, Polit. Econ., p. 2S9. 57 Let us now look more narrowly into the operation of this plan. Every Irishman will probably judge of it as it affects himself. Let us hear Lord Dufferin upon this view of the subject, the rather as his case is that of many others whose properties lie in the neighbourhood of towns on the lines of railways on the sea coast and in other rising localities : — " I possess," he says,* " a strip of some three or four hundred acres, bordering the Lough of Belfast, peculiarly suitable for villas. I have been offered from £15 to £20 an acre for a portion of this land (most of which I have inherited from an ancestor who made his fortune as a merchant, and part of which I have recently purchased with the proceeds of the sale of some English property). A railway along the shore still further increases its attractions, and at a particular point there is a sandy bay which — as the site of a bathing village — may eventually become a favourite resort for the inhabitants of Belfast. For various reasons I have hitherto defei-red leasing any of the land, and it is at present in the occupation of agricultural tenants, all of whom have been for many years in the enjoyment of beneficial leases, which have either expired or will shortly do so. We will suppose that ]Mi\ Butt's Bill passes; the accidental occupants of this property become tenants for another additional term of 63 years ; I am unexpectedly precluded from applying my land to its most remunerative use ; and a project which would have diffused the wealth of a rich community over a large agricultural area is indefinitely postponed — unless, indeed, I choose to buy back my own property, at a price, probably, not much lower than the original value of the fee simple, from tenants Avho have neither legal nor equitable claims against me.f Moreover it is to be remembered that the circumstances I have detailed are not exceptional, but prevail more or less in the vicinity of every large town ; that there is no district which may not, at one time or another, be affected by analogous influences, and that it is its very susceptibility of a rise in price that contributes an important element to the value of landed property, and reconciles the purchaser to the low rate of interest proximately derived from it." But let us regard Mr. Butt's proposal from another point of view. Probably, if asked for a justification of his measures, he would allege the right of the tenant to the enjoyment of his " improvements." Let us concede this right. But how about the * Irish Emigration, 2nd Ed., p. 229. " t This instance is rendered the more striking by the fact that I am paying £9 an acre per annum, i.e., its marl; to take one. In many instances, the only reason for which a lease is desired, is to obtain a document on which money can be raised, or an extravagant charge for younger children effected. If, therefore, some of the landed proprietors of Ireland evince a disinclination to grant leases, it is, in many instances, because bitter experience has taught them that previous leases have generally proved to be, as Judge Longfield has observed, " all in the tenant's favour" — that a certain propor- tion of their actual tenants are incapable of fulfilling the obligations of a contract — that security of tenure, — in other words, immunity from all sense of responsibility, — instead of stimulating the industry of the occupier, too often acts as a premium on idleness, and that the difficulties of preventing the subdivision and sub- letting of leased lands, are almost insurmountable. The case of a solvent and improving tenant being refused a lease, is, we suspect, much rarer than is supposed. The consequences of forcing leases by Act of Parliament are sufficiently obvious. Hitherto, one of the chief accusations brought against the Irish proprietor has been his indifference to the diameter and the solvency of his tenant, and in order to correct tliis indifference it is proposed to abolish the priority of his claim on the rent, and to reduce him to tlie ranks of an ordinary creditor. If, therefore, under these circumstances he is precluded from letting his land, except under a thirty one years' lease, an inexorable necessity will be imposed upon him to exclude from such a permanent arrange- ment those of his existing tenants Avho are in debt, or who are likely to fall into embarrassment during the obUgatory term. Lord Duflferin justly observes: — "Perhaps the tenantry of no estate in Ireland is more prosperous than my own ; yet my agent hiforras me that, unhappily, more than a third of the farmers upon my jiroperty are inider heavy pecuniary obHgations through the country, in addition to those incurred towards myself. At pi-esent their creditors are aware that to drive them from their farms by the application of any premature pre.«sure would only reduce to a minimum their own chances of receiving payment. Aly own 69 inclination is to give them every opportunity to extricate themselves from their difficulties ; and though the position of affairs is not satisfac- tory, nor can the ultimate destiny of many of these persons be doubtful, a reasonable amount of forbearance on my part may save some, and greatly mitigate the hardship of their situation to the rest. " If, however, I found myself suddenly called upon by Parliament to lease away my estates for a whole generation, matters Avould be brought to a crisis, and in self-defence I should be forced (very much against my will) to exclude from the intended benefits of the arrangement every single individual circumstanced as I have described. No landlord could be expected to grant a lease to a bankrupt, or to enter into a contract with a person incapable of fulfilling its obligations. " But, in addition to those of my tenants who are actually in debt, there are a certain number who are so destitute of capital — so unskilful — occupiers of such small and inconvenient patches — so near the verge of ruin — as to be very unfit recipients of a lease. However willing I might be to continue them in their present holdings until an opportunity shall occur of establishing them as labourers, or of enabling their sons to emigrate, or of converting the old people into pensioners, a very different arrangement would be necessary if Parliament held a pistol to my head, and left me no choice but to give them 31 years' leases, or resume possession of my land. Now if these undesirable contingencies might arise on a prosperous estate in Ulster, it is scarcely necessary to indicate what would be the consequences of such anomalous interference by Parliament in the south and west of Ireland." Take the case of the falling in of an old 61 years' lease, on which, in spite of all covenants to the contrary, a vast congeries of cottier tenants have been collecting for generations. Perhaps the size of the holdings may not average four acres a piece : a great deal of it may be held in rundale : all of it is sure to be in the worst possible condition ; yet the only chance of introducing a better system — of inducing the people to agglomerate their patches — of making arrangements for the squaring up of fields, and the re-distribution of the area into a shape more suitable to existing circumstances — is that the landlord shoidd have some power of controlling the ignorant prejudices of those for whose well-being he has become suddenly responsible. Under any circumstances the task Avill require patience — above all — time; five, ten, fifteen years, perhaps a lifetime will be necessary if the operation is to be performed with due regard to the feelings of the people concerned. But if the landlord be peremptorily required to re-lease his land for another generation, any such benevolent construction will be 70 impossible, and tlic only alternative l(;ft to him will be to re- stereotype the existing' chaos, or to convert his estate into a tabula- rasa. In fact, the more the matter is considered the greater are the difficulties which present themselves. Unless great care is taken •we shall injure rather than improve the position of our clients. As long as a numerous population is cursed with a morbid craving to possess land, so long will the owner of land be able to drive hard bargains in spite of Queen, Lords, and Commons, and any excei)tional legislation we may devise will be more apt effectually to embarrass the judicious management of the liberal landowner than it will control the injustice of the oppressor, while the ultimate result of our well meant endeavours may be to transfer the management of a great portion of every estate in Ireland from the hands of the land agent into those of the solicitor. There is one further suggestion which might go far to diminish discontent and stimulate production amongst the agricultural class. In considering the question of tenants' improvements it is probable that a satisfactory settlement for the past is even a greater desideratum than the most favourable arrangement for the future. The legal attainment of this object has been given up by every one as imprac- ticable ; yet if the people of England are really disposed to be as liberal as Mr. Bright's proposal implies, there is no reason why the same principle which has been introduced by Parliament to facilitate the future improvement of Ireland might not be jxdopted to obliterate all misunderstanding as to the past. No later than the Session of 1866 a million of money was voted to enable the owners of property in Ireland to erect farm buildings, and labourers' cottages, to drain and to reclaim. If a similar loan were granted on the same terms, or if the present loan were made accessible to those landlords who might be willing to buy up the existing improvements of their tenants, no doubt advantage would be taken of the opportu- nity. Precautions could be adopted by the Board of Works to ascertain that the improvements to be j)urchased were sufficient secui'ity for the sum borrowed. Though the landlord would be responsible for the debt, the interest on it would be repaid, either in Avhole or in part by the tenant. The tenant would be benefited by receiving a lump sum, which, if judiciously invested in his farm, would return him a profit of 3, 4, or 5 per cent, in excess of the yearly instalment for the di:rcharge of the interest. It might be even advisable for the Board of Works to make these loans condi- tional on the occupier's receiving a lease. 71 By this simple expedient it would become the landlord's interest, not only to recognize the minimum claims of his tenant (which in many instances would become almost inappreciable beneath the strict scrutiny of a Court of Equity), but to deal with them in a liberal spirit ; wliile both landlord and tenant would have an induce- ment to refer all matters in dispute between them to the arbitrament of a Board, in whose decision it would be the policy of each to acquiesce. A better understanding would be introduced between the two classes; even evictions would lose their most obnoxious characteristic; and, above all, a large sum of money now locked up in homesteads and farm buildings would be immediately transmuted into capital applicable to the cultivation of the soil. It is impossible to lay too great stress on this last advantage. When people talk of le petite culture, and the reduplicated employ- ment afforded by spade husbandry, they quite forget that, except in very favoured soils, low farming reduces land to a caput mortuum. All the labour in the world will not fertilize a sandbank ; but con- vey to it the scourings of a great city, and a minimum of labour will turn it into a garden. Let capital ovei-flow her soil, — an analogous transformation will take place in Ireland, — and though her superfi- cial area remain the same, the stimulus to her powers of production would be equivalent to an accession of territory sufficient to support thousands in affiuence, where at present hundreds find a difficulty in extracting a bare subsistence. Lord DufFerin says : — "But it may be asked. Is this, then, all you have to propose? Have you no comprehensive remedy to prescribe for the perennial discontent of Ireland? Can no styptic be discovered for the unprecedented emigration from her shores? 1 answer that such inquiries lie beyond the scope of this hasty dissertation. I have never presvimed to discuss the state of Ireland at large : but many persons having expressed an opinion that Irish disaffection, and the emigration from Ireland, were occasioned by the conduct of the landlords towards their tenants, and the iniquity of the laAvs affect- ing the tenure of land, I have ventured to examine the groimds on which those opinions are founded. The result has tended to show not only that no alteration of tenure would have an appreciable effect upon either, but that even the amendments I have indicated, however desirable in themselves, could have no very immediate effect on the evils we deplore. These evils are too deeply seated, too intimately interwoven Avith the past, to be cured by any empirical peddling in the land-laws of the country. To expect ' a 72 tenant's compensation bill' to r|uell Fcnianlsm, or to prevent those who cannot j:;ct a living at home from crossing tlie Athmtic, would be as reasonable as to try to stifle a conflagration on the first floor by stuffing a blanket down the kitchen chimney, or to staunch the hccmorrhagc from an artery by sli|)ping the key of tlie hou.se-door down your back. No nation can be made industrious, provident, and skilful, by Act of Parliamont. It is to time, to education, and, above all, to the development of our industrial resources, that we must look for the reinvigoration of our economical constitution. " I have now finished my ungracious task. To many I shall have appeared to take the part of the rich against the poor, of the strong against the weak, but to those who are practically acquainted with the subject it Avill be apparent that I have been arguing in the real interests of the latter, even more than in those of the former. If I am anxious to prevent the introduction of a vicious principle into the land-laws of Ireland, it is because I am convinced that the evil consequences of such mistaken legislation will fall again, as it has done before, on the tenant, rather than on the landlord. If I run counter to the instincts of that great Liberal party to whom Ireland owes so much, and from which it has still so much to expect, it is because I know its confidence has been abused. My only object has been to establish truth and to advocate justice. The doctrine that Ireland is to be saved by the sacrifice of the rights of property is a violation of both, — and its application would only aggravate om* existing; diflficulties." DUBLIN : JOHN PALCONKB, PKINTKB, 53, UPPKB SACKVILLE STEEKT. \ UNIVERSITY OF CAI.IIORNIA. LOS ANGELES THE UNIVFRSJTY Hmo\KY M Qn^^odB? Il OtiE on thf last date utamiWl hclo\ CD OCT *Wi OPT 01 MAY 04 1987 Form L-O 85m -2/ 43(5205) 986 UCLA-Young Research Library HD625.D87 i1 y