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 D QUESTION 
 
 SOUTH WALES 
 
 J, E. 
 
 J n 15 i\T
 
 THE LIBRARY 
 OF 
 
 THE UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES
 
 THE LAND QUESTION IN SOUTH WALES
 
 THE LAro QUESTION m 
 SOUTH WALES 
 
 A DEFENCE OF THE LANDOWNERS OF SOUTH 
 WALES AND MONMOUTHSHIRE 
 
 BY 
 
 J^E. VINCENT 
 
 BARRISTER- AT- LA W 
 
 LANDOWNERS' ASSOCIATION OF SOUTH WALES 
 AND MONMOUTHSHIRE 
 
 8 PRINCES STREET, WESTMINSTER 
 
 1897 
 
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 V*wl- AN£) 
 
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 8DEC.W20 ^^y^j 
 
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 t' .*. ••• • • « 
 
 14 • 
 
 ' • ■ • • '
 
 
 PREFACE. 
 
 60 
 
 ^ Curious misunderstandings having arisen concerning 
 
 ^ the position from which I approached the Welsh Land 
 
 g Question in a former work on behalf of the North 
 
 "^ Wales Property Defence Association, it appears to be 
 
 prudent to state that this volume purports to be a brief 
 
 and necessarily incomplete defence of the Landowners 
 
 ^ of South Wales and Monmouthshire against an indict- 
 
 ^ ment contained in many scattered parts of a Report 
 
 at consisting of 982 Blue-Book pages. 
 
 
 o 
 
 J. E. VINCENT. 
 
 z 8 Princes Street, 
 
 Westminster. 
 April 26, 1897. 
 
 ;i8:i66y
 
 CONTENTS. 
 
 CHAPTER I. 
 
 Welsh Land Commission Appointed— its Comtitution— Number of Sittings 
 and Witnexses — Irreleoancies of Report — tlie Practical Question — Recog- 
 nised bi/ Commissioners ami Disregarded — Jlethods of taki^ig Evidence — 
 Political turn of the Inquiry — Calumny made Easy— Common Tests of 
 Evidence Neglected — Essential Tests Prohibited — Unequal Ireatment of 
 Witnesses Pp. 1-20 
 
 CHAPTER II. 
 
 Difficulty of Distinguishing Unanimous Portions of Report from Sectional — 
 Severe Criticism by Minority — Allegations of Fear and Intimidation — the 
 Chairman' s Address to Witnesses — Evictions of 1858 and 1869 — Alleged 
 Cases of Intimidation — Rejected by Public Prosecutor and Home Secretary 
 — Still asserted by Commissioners — tJi^ Case of John Thomas Pp. 21-40 
 
 CHAPTER III. 
 
 Condemnation of Agents — the Evidence Examined — all General and none 
 Particular — Invidious Selections — the true Requirements in an Agent 
 
 Pp. 41-53 
 
 CHAPTER IV. 
 
 Welsh Case distinguished from Irish — No Absenteeism in Wales — Admitted 
 by Commissioners — Expenditure on Improvements — Mr. Knox on the 
 Margam Estate — the Influence of Improved Communications — Commis-
 
 viii CONTENTS. 
 
 sioners admit great Improvement by Welsh Landowners — Impute Ignoble 
 Causes — the Evidence on that point — Rent only a Moderate Interest on 
 Landlord's Expenditure , Pp. 54-68- 
 
 CHAPTER V. 
 
 Bents and Land-hunger — no Derelict Farms — Plenty of Applicants — tlic 
 Right Interpretation is that men think it worth while to apply — ' ' Rents 
 paid withborrowed money " — Absurd Suggestion — the Danger of Statistics 
 — must look at all the Incidents of each Tenancy — the Income Tax Argu- 
 ment — its Misleading Tendency — Fines on Leases — why Rents ought to 
 have Risen during the Century —a Magnificent Record {Appendix) — the 
 Commissioners on Railway Influence — East Wales approximates in matter 
 of Rental to Border Counties of England — Causes purely Economical 
 
 Pp. 69-79 
 
 CHAPTER VI. 
 
 No Case for Land Court — Hereditary Tenancies — Few Changes in Tenancy — 
 Fixity of Tenure not the Right Remedy — Involves Judicial Rents and 
 Saleable Tenant Right — Compensation for Improvements admitted to be 
 necessary — the Glamorganshire Customs — the Intentions of the Govern' 
 ment — England and Wales identical Pp. 80-89 
 
 CHAPTER VII. 
 
 How the Commission loreclced the' Cause of the Freeholders — Swansea Corpora- 
 tion and Duke of Beaufort — Cardiff and Lord Bute — regarded as 
 Irrelevant — Questions of Title outside Competence and Scope of Com- 
 mission .......... Pp. 90-94 
 
 APPENDIX. 
 
 Showing Abatements, Reductions, and History of Rental . . Pp. 95-105
 
 THE LAND QUESTION IN 
 SOUTH WALES. 
 
 CHAPTER I. 
 
 By Royal Warrant, given under the hand of Mr. Asquith, the 
 Home Secretary of the day, on the 27th of March 1893, the 
 Royal Commission on Land in Wales and Monmouthshire was 
 appointed " to inquire into the conditions and circumstances 
 under which land in Wales and Monmouthshire is held, 
 occupied, and cultivated, and to report thereon." Of the 
 Commissioners honoured by her Majesty's trust it could not 
 be urged that they were strangers to the country concerned 
 in their inquiry. Lord Carrington, the Chairman, had not, it 
 was true, kept the family estate in Cardiganshire which came 
 to him by inheritance; it had, indeed, been sold almost 
 simultaneously with his succession. But he was, no doubt, 
 familiar with the traditions of that estate ; and, as the Com- 
 mission grew older, he acquired by purchase from the Earl of 
 Ancaster the mansion and demesne known as Gwydyr Castle, 
 in North Wales, but not any considerable agricultural estate 
 in connection with it. His lordship, however, would jDrobably 
 be the last man to contend, as has been contended on his 
 behalf, that either of these circumstances could justify him in 
 
 A
 
 2 THE LAND QUESTION 
 
 claiming to speak with the authority of experience as a Welsh 
 landowner. Lord Kenyon, descended from the great judge of 
 that name, was and is a considerable landowner on the borders 
 of England and North Wales. Mr. Brynmor Jones, an 
 ex-county court judge and a member of the South Wales 
 Division of the North and South Wales and Chester circuit, 
 a man of pure Welsh descent, could claim close connection 
 with, and much personal experience of , the Principality. Sir 
 John Llewelyn was and is one of the best known landowners 
 in South Wales ; Professor Rhys might be described as a very 
 embodiment of the Cymric genius ; Mr. Griffiths and Mr. 
 Richard Jones were substantial farmers in Pembrokeshire and 
 Montgomeryshire respectively ; Mr. Edwin Grove was known 
 and respected as Chairman of the Monmouthshire County 
 Council and as one familiar with the statistics of great 
 commercial enterprises. The one member of the Commis- 
 sion who had no connection with the Principality was 
 Mr. Seebohm ; but his reputation was such that his appoint- 
 ment was a high compliment to the Principality, since in 
 knowledge of the early history of agricultural communities 
 of the United Kingdom he stood, and still stands, absolutely 
 without a rival. 
 
 There was, however, be it said with all courteous respect, 
 ground upon which persons opposed, by conviction or from 
 interest, to any revolutionary change in the existing law of 
 landlord and tenant might cavil at the constitution of the 
 Commission. For good or evil the line of political cleavage 
 between the Unionist and the Liberal is tolerably clear and 
 distinct, and common experience teaches us that, given the 
 same set of facts, Tory and Radical will usually differ con- 
 cerning the course of action which, in their respective opinions, 
 is rendered necessary by those facts. Accordingly it is 
 natural to examine the composition of a Royal Commission 
 with a view to ascertain whether political parties were or were 
 not equally, or nearly equally, represented upon it. Now, of
 
 IX SOUTH WALES. 3 
 
 the nine Commissioners in this case Lord Carrington was 
 known as a man of advanced lladical opinions, Mr. Brynmor 
 Jones was the representative of a Gladstonian constituency, 
 Mr. Grove was a Radical Chairman of County Council, Mr. 
 ]?ichard Jones was an active worker in the Radical cause, Mr. 
 Griffiths was a strong Radical, and Professor Rhys a person 
 of uncertain politics. These facts are not mentioned with any 
 idea of casting discredit on the persons named, since honesty 
 of conviction is the common property of both Radical and 
 Tory, but simply because in connection with the Report, and 
 particularly in connection with the recommendations, the 
 political temperaments of its authors are facts which must be 
 taken into consideration ; and these facts, in this particular 
 case, show that the Commission was composed of two parts 
 Radical to one part Unionist, 
 
 The Commission thus constituted traversed Wales and 
 Monmouthshire, held ninety-nine public sittings, of which 
 nineteen only were in London, examined 1086 witnesses of 
 various classes, held forty-five private sittings, and agreed 
 upon its Report, so far as it was able to come to any agreement 
 at all, in August of 1896. That Report was published in 
 November of 1896, and it is with it that we have to deal. 
 Our treatment of it, let it be said at once, is treatment 
 measured out from the landowners' point of view, and this 
 short work is the statement issued by the Landowners' Asso- 
 ciation of South Wales and Monmouthshire of the outlines of 
 their case as proved before the Commission. At the same 
 time, they are fully conscious that nothing is to be gained by 
 overstating a case or by straining facts unduly, and that, 
 although severity of language will be unavoidable on occasion, 
 vehemence of expression is not to be encouraged. 
 
 The whole of the Report, however, comprises nearly a 
 thousand pages, of large Blue-book size, and deals with a 
 great variety of subjects of varying qualities and degrees of 
 interest. A large portion of it deals with matters which,
 
 4 THE LAND QUESTION 
 
 except perhaps from the literary, or antiquarian, or historical, 
 or scientific point of view, are in no sense controversial. We 
 are not concerned to inquire into the accuracy or the in- 
 accuracy of the pages relating to those interesting but 
 slightly antique races, the Goidels and the Brythones ; it is a 
 matter of no moment to us how much a Welsh beaver skin 
 cost in the Middle Ages, or whether the ancient nobility of 
 Wales did or did not divert themselves by treating swarms 
 of bees as subjects of the chase. These and kindred topics 
 may be interesting, in varying degrees, to men and women 
 of varying tastes. But the question which lies before us is 
 of a purely practical character. It is our conviction that, 
 when Mr, Gladstone's administration appointed this Commis- 
 sion, it was the intention of Mr. Gladstone's administration 
 that the Commissioners should perform the commonplace, 
 but quite sufficiently onerous task of examining into actual 
 facts with which the Legislature might or might not be able 
 to deal with effect. If this Commission elected to take a wider 
 and more comprehensive view of the terms of reference, and 
 to devote itself to unsystematic research into all kinds of 
 subjects that is no concern of ours. The whole kingdom has 
 to pay the cost, and the miscellany of a thousand jjages which 
 is the result is in some measure pleasant in the reading, 
 albeit in many respects inaccurate and incomplete. 
 
 Our treatment of the Report is based upon the theory, 
 which we have no doubt to be strictly correct, that this 
 Commission was appointed to inquire into the conditions 
 under which the class of men described as farmers, whether 
 tenants from year to year, or tenants for a fixed period of 
 years, or owners in fee-simple, carry on their industry and 
 trade. We assume that the duty, and the whole duty, of the 
 Commission was meant to consist in discovering, by hearing 
 evidence from the persons interested, whether the conditions 
 of the farmer's life were tolerable or grievous, and whether, 
 if they were grievous, the hardships and difficulties were
 
 IN SOUTH WALES. 5 
 
 sucli that legislation, framed with due regard to the immut- 
 able principles of true political science, could alleviate or 
 remove them. For this assumption there are numerous and 
 strong grounds. For, first, the task which it would have been 
 necessary for these men, thus construing the terms of 
 reference, to perform, was quite large enough to satisfy any 
 men. To inquire whether, regard being paid to markets and 
 seasons, the rents paid for farms were reasonable or un- 
 reasonable ; to ascertain the character of agricultural depres- 
 sion in Wales and Monmouthshire, to estimate the degrees 
 of its severity and to investigate its fluctuations ; to consider 
 whether the farming class exercised their energies to the best 
 advantage and availed themselves of their opportunities to 
 the full ; to see whether they were unjustly treated by land- 
 owners or their agents ; to find out whether the law of 
 compensation was adequate or inadequate ; to discover 
 whether favouritism was practised in the choice of tenants ; 
 to examine, in short, into the great question whether landlords 
 did their duty by their estates and by their tenants — this, 
 surely, was a duty sufficiently serious to satisfy the ambitions 
 of any men. Moreover, the preceding history of the Agrarian 
 agitation, the speeches of Mr. Thomas Ellis, M.P., in the 
 House of Commons and elsewhere ; the Land Bills introduced 
 by him and by Mr. Bryn Roberts, M.P., respectively ; the 
 Snowdon Speech by Mr. Gladstone, which was the prelude to 
 the appointment of the Commission, all went plainly to show 
 that such was the object of its appointment. It was on that 
 principle that the case for the landowners was shaped before 
 the Commission from beginning to end. They felt that, so 
 far as their relation to their agricultural tenants was con- 
 cerned, they had been placed on their trial, and that it was 
 their duty to give an account of their stewardship. And 
 that duty, which involved quite enough of personal exertion 
 and expense on their parts, they performed steadily, refusing 
 to be drawn into discussions upon irrelevant topics or to
 
 6 THE LAND QUESTION 
 
 submit to the arbitrament of the Commission questions with 
 which it had clearly not been intended that a mixed Com- 
 mission should deal, and with which, to be plain, this 
 particular Commission was not competent to deal. Herein 
 is involved no discourtesy, but a plain statement of manifest 
 fact ; for it is the simple truth that but one of the Commis- 
 sioners, and he not a specialist in the law of Real Property, 
 was competent to enter into those intricate questions of title 
 concerning which the Commission received a considerable 
 volume of rather unscientific evidence. 
 
 It must be admitted that, from the outset, the Commission 
 showed a stronger disposition to wander far afield than might 
 have been expected. But it is now clear that the Commission 
 itself was well aware that it was going beyond its task. 
 " Without any doubt," wrote the Commissioners on the first 
 page of their Report, " we arrived at the conclusion that it was 
 the conditions and circumstances connected with the owner- 
 ship and occupation of that land which, for want of a better 
 term, we call agricultural land, to which we ought, princi- 
 pally, to give our attention." It is suggested that the terms 
 of reference could not have been construed better or more 
 intelligently, and that the wandering inquiries of the men 
 who saw their obvious duty thus plainly and instinctively are 
 thereby the more difficult to explain. Be that as it may, the 
 issues are, and were from the beginning, quite plain to Par- 
 liament and the public, and, since it is to those issues, and 
 to the methods pursued in collecting evidence upon them, 
 that these pages are devoted, quite enough has been said by 
 way of introduction. ■ 
 
 Before proceeding to analysis of the Report, or the relevant 
 portion of it, it is inevitable that a few words, as passionless 
 as may be possible, should be devoted to the methods pursued 
 by the Commissioners. Public objection has been made to- 
 criticism of these methods, on the ground that it involves or 
 implies personal attack upon the characters of individual
 
 IN SOUTH WALES. 7- 
 
 Commissioners. But to repeat this objection is to mistake 
 the basis of criticism. It is true, no doubt, that a substantial 
 number of witnesses left the witness-seat with a feeling that 
 they had been harassed and browbeaten in a fashion which 
 was distinctly not fair ; it is true also that the strongest sup- 
 porter of Mr. Brynmor Jones in the vernacular Press, that is 
 to say the Bancr newspaper, owned by Mr. Thomas Gee, paid 
 him rather an unhappy compliment by describing him as the 
 man who " cut laces out of the skins " of landowners and their 
 witnesses. Where occasion calls for it we shall characterise 
 conduct of this kind without fear and without restraint, since 
 a landowner or an agent is human and has his feelings, just 
 the same as the most august of Royal Commissioners. But it 
 is not desired to lay stress on that aspect of the conduct of the 
 Commissioners, and it will be enough to say for the present 
 that the Commission, which is noyf functus officio, so that each 
 member of it has returned to his ordinary duties and occupa- 
 tions, has left behind it a feeling that several of its members 
 did not hesitate to use their position in an ungenerous and 
 unjust manner, did wound to excess and without reason 
 witnesses with whom they found themselves in disagreement 
 upon matters of opinion, did so far forget themselves upon 
 divers occasions as to fall before the ignoble temptation to 
 play to the gallery. 
 
 But, apart from the feeling of just resentment thus pro- 
 duced in the minds of the victims, this really did not very 
 much matter. What is a far more serious affair is- the fact, 
 which shall presently be established, that the methods of 
 examination — or non-examination — which were followed were 
 such as to throw very reasonable suspicion upon the materials 
 upon which the Commission was bound to form its judgment. 
 The literature produced by the Commission may be divided 
 into two main parts. There is the evidence, in several bulky 
 volumes ; there is the Report. Now, from the scientific point' 
 of view, the evidence is by far the more important. Let us
 
 8 THE LAND QUESTION 
 
 imagine a careful and industrious student of politics desirous 
 of approaching this Welsh Land Question with an open mind. 
 To the opinions and recommendations of individual Com- 
 missioners as expressed in the Report he would naturally pay 
 no attention until he had made careful inquiry into their 
 intellectual powers, their experience, their character, and 
 their predilections. In this particular case he would come to 
 the conclusion that the judgment of Mr. Seebohm was — we 
 say this with all respect to Sir John Llewelyn and Lord 
 Kenyon and Lord Carrington, and without fear of being mis- 
 understood by them — worth the judgment of all the other 
 Commissioners put together. But he certainly would not 
 accept as final the opinion even of Mr. Seebohm. He would 
 reflect to himself that the Queen does not and cannot send out 
 her trusty and well-beloved Commissioners that they may 
 recommend this or that measure of reform to Parliament, but 
 to discover, and so far as human frailty permits, to state im- 
 partially and without favour at the end to Parliament, the 
 precise and complete state of facts. He would feel that even 
 the most unbiased man, acting with that scrupulous im- 
 partiality which we have a right to look for in that part of 
 this Report which is made up of summarised evidence, could 
 hardly fail to be led into unconscious error. A little too much 
 shadow here, a little too much light there, emphatic notice of 
 one statement, casual treatment of another, have much 
 influence in determining the general effect of the written 
 statement, and they are errors that are almost unavoidable. 
 Certainly, in the vital part of this Welsh Land Commis- 
 sion's Report, the primary author of the phrases, whosoever 
 he may have been, has not succeeded in avoiding these 
 pitfalls. This, perhaps, is an expression which might be 
 put into a more forcible form if strong criticism were 
 desirable. Let it suffice to say that the draughtsman's 
 efforts to show no bias have not been crowned with complete 
 success. .
 
 IN SOUTH WALES. 9 
 
 In these circumstances the political student, or any man of 
 ordinary common sense, can come to no other conclusion than 
 that the evidence, and the evidence alone, is the true mine of 
 information. There only can he expect to find the unvar- 
 nished statement of grievance as it came from the mouth of 
 the tenant, the plain statement of defence as it came from the 
 lips of landowner or agent, the clear figures of hereditary 
 succession in tenancy, of reductions of rent, of abatements, 
 of expenditure in improvements and repairs which go to make 
 the positive case for the landowners. That is the real mine 
 of information in which he will, if he be inspired by the 
 genuine zeal after knowledge, be prepared to expend much 
 labour. 
 
 Now, it is not suggested for a moment that these nine 
 Royal Commissioners were not entitled, as a matter of law, 
 to disregard the ordinary rules of evidence. Thev were 
 
 O «■■■ •-' 
 
 authorised, no doubt, to collect information in the manner 
 which seemed to them best and most convenient. Let so 
 much be allowed without reserve in their favour. But, on the 
 other hand, it must be said as a matter of duty, without 
 imputing any blame to any individual Commissioner, that the 
 value of the body of evidence collected by them must depend 
 very largely upon the question whether, before that evidence 
 was formally recorded and preserved in the Blue Books, it 
 was subjected to rational tests. 
 
 More particularly clear is the necessity of testing evidence 
 in a rational way when the matters in dispute are of such a 
 character as to cause feeling and passion to run high. Such, 
 by universal admission, was the case with which the Welsh 
 Land Commission had to deal. " Differences of race and 
 language, religious and sectarian rivalries, political divisions 
 and social jealousies combined to accentuate, to an extra- 
 ordinary degree, the feelings engendered by an unequal 
 distribution of wealth and an acute economic crisis . . . 
 Without any intention on our part, and without our being able
 
 10 THE LAND QUESTION 
 
 to control the matter, the inquiry in some places assumed 
 the aspect of a warm contention between landlords and tenant 
 farmers, and indirectly of a contest between the political 
 parties that struggle for mastery in the State." So the 
 Commissioners in their Report ; nor need we dispute the 
 statement further than to say that the question whether they 
 had any control over witnesses was one which depended mainly 
 upon them. Perhaps if they had possessed the strength of 
 character and the moral courage w^hich were undoubtedly 
 required in their position ; if they had defined the issues 
 clearly and had adhered to them ; if they had excluded 
 rigidly all reference to matters which could not be relevant 
 to any conceivable issue ; if they had firmly resisted evidence 
 relating solely to questions of personal conduct and character ; 
 then, probably, they would have had no difficulty in control- 
 ling the course of the inquiry. This mild complaint, this 
 melancholy expression of sorrow that the inquiry followed 
 lines which the Commissioners could by no means control, is 
 in truth a very simple and childlike confession of weakness. 
 So striking is it, indeed, that we venture to retort upon the 
 Commission by inverting an observation made in public by 
 Mr. Commissioner Brynmor Jones and turning it upon the 
 Commission. Mr. Brynmor Jones was good enough to 
 explain to the Times newspaper that if counsel for landowners 
 could not cross-examine effectually, the fault did not lie with 
 the Commissioners. That observation was in revolt against the 
 despotism of facts, for the simple reason that the Commission, 
 exercising a discretion which is not questioned, declined to 
 permit counsel, or anybody else than a Commissioner, to cross- 
 examine at all by word of mouth ; permitting merely written 
 questions to be administered ; and to call such questions 
 '' cross-examination " is simply to misuse language. On the 
 other hand, the Commission had undoubted authority tO' 
 control and direct the course of its own inquiry ; and if it 
 failed to exercise that authority while, by its own profession.
 
 IN SOUTH WALES. 11 
 
 it was desirous of so doing, the fault lay not in want of 
 authority but in lack of capacity on the part of the Commis- 
 sion. The real doubt is whether the political cast given to 
 the inquiry was in truth contrary to the wishes of the Com- 
 missioners. To be candid, we do not think it was distasteful 
 to them, and, upon a survey of the evidence, we venture to 
 say that individual Commissioners, notably Mr. Brynmor 
 Jones, Mr. Richard Jones, and, in the matter of anti-clerical 
 prejudice, Mr. Griffiths, rivalled any of the persons who mar- 
 shalled evidence before them in importing political passions 
 into the inquiry. 
 
 This was, perhaps, a pity, though an open fight of this 
 kind may sometimes work benefit by supplying a vent for 
 the turgid gas of political feeling ; but it certainly does not 
 lie in the mouths of the majority of the Commissioners to 
 complain that, in spite of them, the inquiry assumed a 
 political colour, when in fact they helped to give to it that 
 colour. Moreover, upon this point they have fallen into a 
 serious error of fact, and they must be set right. Speaking 
 of the eagerness with which the inquiry was followed by the 
 Welsh people in terms which are, in our judgment, exagger- 
 ated, they write (Report, p. 2) : " No doubt this was to some 
 extent caused by the political aspect given to our inquiry, 
 and by the intervention evenjivherc of a j^olitical organisation 
 on the part of the landlords, and at most places on the part of 
 the tenants." Whether this be true of the gentlemen who 
 marshalled the case for the malcontent tenants, it is not for 
 us to say, but we are constrained to observe that the words 
 which we have italicised are absolutely without foundation 
 in fact in the ordinary sense of words, without a colour of 
 foundation, and contrary to evidence given before the Com- 
 mission, so far as the South Wales and Monmouthshire 
 Association is concerned. That association was the only 
 association of landowners represented before the Commission 
 in South Wales.
 
 12 THE LAND QUESTION 
 
 In North Wales there was colour, but no real foundation, 
 
 for the suggestion. In other words, although the members 
 
 of the North Wales Property Defence Association include 
 
 persons of every shade of political opinion except that which 
 
 favours Land Leagues, the secretary of that association, the 
 
 late Mr. George Owen, was in another capacity a political 
 
 organiser on the Conservative side. Still, the North Wales 
 
 Property Defence Association has no connection with any 
 
 political organisation, and has often declined to take any 
 
 part in movements having a political complexion. In the 
 
 case of the Landowners' Association of South Wales and 
 
 Monmouthshire, the suggestion or charge, if charge it be, of 
 
 political basis of organisation is a sheer invention. Let us 
 
 be quite plain. In a classical sense every association of 
 
 men, even a cricket club, is political, since man is, as our 
 
 old friend Aristotle discovered some hundreds of years ago, 
 
 TToXiTiKov Z,h}Ov, a living creature calculated to be one of a 
 
 community. But this was not the meaning in which the 
 
 Commissioners used the word "political"; they intended to 
 
 convey the impression that the association referred to was 
 
 connected with party politics. That impression is absolutely 
 
 false. The Association had its origin in the appointment of 
 
 the Welsh Land Commission ; its object is the perfectly 
 
 legitimate one of defending the rights of property ; it is 
 
 expressly non-political ; its members represent all shades of 
 
 opinion in the political world ; it does not attempt to exercise 
 
 any influence over elections ; its secretary, who represented it 
 
 before the Commission at every public sitting, has never been 
 
 a member of any political organisation more serious in 
 
 character than the Chatham Club, which was youthful and 
 
 ■pleasantly convivial. He left that club at the mature age of 
 
 twenty-two, and it is only on rare occasions that he can be 
 
 persuaded to vote even at a Parliamentary election. Thus 
 
 neglecting his duties as a citizen, he is the least political man 
 
 imaginable.
 
 IN SOUTH WALES. 13 
 
 The preceding words are not a digression, and therefore 
 need no excuse after the manner of Lawrence Sterne. Their 
 purpose is to lead to the contention that the conditions under 
 which the Welsh Land Commission worked were such that 
 they ought to have been more than commonly careful to 
 subject evidence to rational tests. They were unable, they 
 protest, to prevent their inquiry from taking a political cast ; 
 they encouraged, we contend, the political spirit by showing 
 it themselves ; they thought, quite erroneously, but it must 
 be assumed, honestly, that landowners and tenants were 
 represented before them by political organisations ; they 
 frequently asked witnesses what their politics were ; they 
 saw the passions of men exhibited before them with increasing 
 force every day. Now, the game of politics has never been 
 a very clean or scrupulous game. The terms " stupid Tory," 
 and " beastly Radical," the old story that a Cardiganshire 
 man, having all but exhausted his vocabulary of abuse upon 
 a perverse donkey, roused him to a gallop by calling him 
 " Tori bach," sufficiently indicate the tone of political con- 
 troversy at its worst. It is matter of common knowledge 
 that every Gener-al Election is so prolific of gross and 
 baseless personal libels that members of Parliament have 
 been compelled to protect themselves against one another by 
 special enactment. In fact, if the devil is the father of lies 
 politics are the forcing-houses of them. 
 
 The inquiry, then, took a political cast. It was natural to 
 expect a large crop of falsehoods ; and no man who followed 
 the course of the evidence given before the Commission will 
 deny that, mixed up with a great mass of valuable facts, a 
 huge volume of sheer falsehoods came before the Commission. 
 We need not specify instances. The thousands of pages of 
 evidence contain numerous examples of serious accusations 
 which were not merely denied, but absolutely disproved by 
 evidence which could not be doubted, sometimes even by 
 documentary evidence signed by the accuser's own hand ;
 
 a4 THE LAND QUESTION 
 
 the Blue Books are marred in countless cases by charges not 
 only irrelevant to any conceivable issue, but impossible on 
 the face of them. 
 
 In a word, the evidence, which ought to be the most 
 valuable fruit of the work of the Welsh Land Commission, 
 which ought to be a rich treasury of golden information, 
 cannot be regarded as established and trustworthy. Brought 
 face to face with it, the political inquirer, the member of 
 Parliament desirous of finding out the truth concerning this 
 Welsh Land Question (which some declare to be of deadly 
 interest, while others hold it to be mere make-believe) is like 
 an assay er of gold who is confronted with a mass of mixed ore, 
 and rigidly prohibited from applying to it any scientific test 
 by which to distinguish the base metal from the true. 
 
 Complaints to this eff*ect were made often, and with just 
 indignation, during the long life of the Commission, and they 
 were met by the short-sighted answer that the Commission 
 was not legally bound by the accepted law of evidence. No 
 sane man ever said that it was so bound ; no reasonable 
 person would contend that a rigid application of the strict 
 law of evidence was, in the case of non-controversial matters, 
 necessary or even desirable. For example, it would have been 
 absurd to insist on evidence at first hand, although, as a 
 matter of fact, it was available and formally offered if 
 demanded, in the case of the statistical returns concerning 
 the rise and fall of rents and like matters furnished by the 
 secretaries of the Landowners' Associations in North and 
 South Wales and in Monmouthshire ; and equally absurd 
 would it have been to press for strict proof of much of the 
 evidence given on the other side. 
 
 But it is very plain, on the face of the evidence recorded, 
 that many of the statements made and the whole of the 
 charges of personal misconduct or dishonesty levelled 
 against individuals were of such a character that, unless they 
 were able to pass through strict tests, they could carry no
 
 IN SOUTH WALES. 15 
 
 weight. Those strict tests happen to be embodied in the law 
 of evidence, most of which is not the creation of an}'- statute, 
 but the accumulated result of the experience of man in civilised 
 communities. Man has learned that certain rules must be 
 applied before it can be ascertained whether a witness is 
 accurate or inaccurate (which is a matter of intellectual 
 capacity rather than of morality), or whether he is telling the 
 truth or a deliberate falsehood. Experience shows beyond 
 question that many witnesses make mistakes ; that many, a 
 less number, lie with elaborate precision ; and that an inquiry 
 conducted under circumstances of passion, such as surrounded 
 this particular inquiry, and when falsehoods can be told freely 
 and without fear of punishment (for the law of slander has 
 narrow limits and the law of perjury had no application) is 
 manifestly liable to be prolific of untruth. The Commission 
 declined to apply those well-known tests. It is true that 
 they were not legally bound to apply them. But every 
 consideration of reason and fair-play was obligatory upon 
 them. They neglected those considerations. But in making 
 this statement we are actuated by no desire to speak evil of 
 the Commissioners. Their capacity, their honesty of purpose, 
 their character, are matters of small moment to the world at 
 large ; but the fact that this mountain of so-called evidence, 
 this accumulation of alleged evidence, which is all that public 
 opinion can go by, has never been properly tested, and cannot 
 be properly tested now or ever, is serious, lamentable, and 
 irretrievable. 
 
 No apology is called for in connection with the particularity 
 with which this subject is being treated, for the importance 
 of it is of the most essential quality, and the question of the 
 validity and truthfulness of the evidence goes to the root of 
 the whole matter. Here, in 982 pages, is the great literary 
 edifice of the Report. Below it, in the shape of foundatiou, 
 is the evidence spread over five or six times as many pages. 
 Our submission is that the edifice is liable to collapse at any
 
 16 THE LAND QUESTION 
 
 moment ; that the foundations upon which it stands may be 
 wide, but that they are not deep ; that they rest not on the 
 soHd rock of truth and certainty, but upon the shifting 
 quicksands of uncertainty. To prove this is to invalidate the 
 whole Report and to demonstrate to the impartial mind that, 
 save as a mere expression of personal opinion, the recom- 
 mendations of the majority are not worthy to carry any 
 weight. It will be necessary, before this volume is ended, to 
 call attention to particular cases of unfair treatment of 
 witnesses by the majority of the Commissioners ; to show that, 
 on the face of their Report, they have reached conclusions 
 upon matters of fact (upon the qualifications of land-agents, 
 for example) not warranted by, and not in harmony with, that 
 which they are pleased to call evidence. But it is more 
 important by far to be able to show that the whole of the 
 evidence as it stands has not passed those tests, and can now 
 never be subjected to those tests, which alone could give it a 
 title to be believed. We cannot tell whether we are dealing 
 with dreams, with mere fictions, the fruit of malicious imagi- 
 nation, or with facts ; and facts are the only things that 
 matter. 
 
 Lest room should be left for doubt, it is prudent to append 
 to the general statement the particular details of complaint. 
 It shall be done at once. When a man went into the witness- 
 box, or to the table, and, as was the common practice before 
 this Commission, read a statement of grievance and complaint, 
 the first thing which sensible persons wanted to know was 
 whether he was telling his own story or one which somebody 
 else had put on paper for him. That instinctive desire was 
 shown by one of the Commissioners during the first week of 
 the sittings of the Commission in South Wales. It certainly 
 never entered into the mind of counsel for landowners, who 
 had put this witness in the box, that he could venture to 
 question this absolutely proper line of cross-examination. On 
 the contrary, condemned as he was to grope in the dark after
 
 IN SOUTH WALES. 17 
 
 the rules of practice which the Commission was likely to 
 follow, he determined to use these questions as a model and 
 an example. When next an exuberant witness appeared on 
 the other side, full of poetical phrases and florid epithets, it 
 seemed good to place these questions, copied from the model 
 provided by the Commissioners, before him also for answer. 
 Divers Commissioners, however, resented the questions (they 
 had forgotten their original source) as an outrage upon and 
 an insult to a poor tenant farmer. Counsel, like Brer Rabbit, 
 lay low. The questions were then disallowed, in a haughty 
 tone, as improper. Counsel then proceeded to point out to 
 the chairman in writing the true origin of these questions, 
 and, after the luncheon adjournment, he learned, to his 
 intense surprise, that by way of getting out of a difliculty 
 which, so far, affected the evidence of one witness only, the 
 Commissioners had agreed upon a rule which could not fail 
 to invalidate more or less the evidence of every individual 
 among the thousand witnesses to be called thereafter. For 
 the Commission resolved, and counsel took good care that 
 they should not break through their own rule later, that under 
 no circumstances should any person, whether a member of the 
 public or a Commissioner, make inquiry of any witness as to 
 the manner in which his evidence had been prepared. Every 
 man accustomed to sift evidence, every lawyer, every magis- 
 trate, every man who has occasion, in any walk of life, to 
 distinguish between truth and falsehood, will say without 
 hesitation that, hy the passing of this almost incredible nile^ 
 the first and most elementary test of evidciice was abolished 
 and destroyed. From that day forward the personal honour 
 and character of a witness were the only guarantees that his 
 evidence was not simply invented by the political agent, 
 the lawyer, or the organiser, who brought him forward. 
 So incredible is this rule, that it seems necessary to 
 add that, on many occasions, individual Commissioners tried 
 to break through it, and were checked by written protests by 
 
 B
 
 18 THE LAND QUESTION 
 
 counsel for landowners, who had cards ready bearing the 
 necessary words of remonstrance. 
 
 The excuse for the rule was that inquiry into the sources 
 of evidence would have taken time ; but, in truth, the know- 
 ledge that such inquiry could not be made unquestionably 
 contributed incalculably to the volume of evidence offered ; 
 and it may be added that an ounce of evidence which has 
 stood the proper tests is worth more than a ton of so-called 
 evidence that virtually has not been tested at all. 
 
 This is the principal weakness which underlies the whole 
 of the books of evidence. But there were others. The Com- 
 missioners cannot be acquitted of having admitted great 
 quantities of hearsay statements, where direct evidence might 
 easily have been obtained, upon serious questions of character 
 and conduct. Not all hearsay was objectionable of course. 
 There was no strong reason why a particular individual should 
 not be received, as many were received, as the spokesman of 
 a district or of a meeting, to give expression to their feeling 
 upon general questions, such as the desirability of a Land 
 Court, or the necessity of amending the Agricultural Holdings 
 Act. It would have been more businesslike, no doubt, if 
 such spokesmen had produced copies of resolutions passed at 
 the meetings in question ; but let that pass ; it is not worthy 
 of serious mention by the side of the other kinds of hearsay 
 that were admitted. Over and over again, both in South 
 Wales and in North, men were permitted in so many words 
 to tell other persons' stories for them ; to say that So-and-so 
 was evicted for political reasons, that another did not receive 
 a penny of compensation when he left his farm, although he 
 had spent hundreds upon it, and &o forth ad infiniticvi. Now, 
 this kind of evidence is open to every kind of suspicion. It 
 may be untrue from the beginning, and the alleged victim 
 may have misled the willing witness ; on the other hand, the 
 willing witness may have mistaken or deliberately misrepre- 
 sented the alleged victim. Besides, the man who goes into
 
 IN SOUTH WALES. 19 
 
 the box to tell another man's story cannot be cross-examined 
 effectually, however honest he may be, simply because he 
 knows nothing more than he has been told and cannot answer 
 yes or no to questions of which the answers may explain the 
 whole matter and dispose of the alleged grievance. 
 
 No parallel for this pi'actice can be found in practical life 
 -outside the history of the Welsh Land Commission. News- 
 papers are, for the most part, made up of course of hearsay 
 statements ; but the reporter who repeats the hearsay is 
 checked by the knowledge that a series of mistakes will 
 involve him in the loss of his livelihood, whereas the man 
 who created a sensation before the Welsh Land Commission 
 was accounted a high-minded patriot. Moreover, a newspaper 
 is obnoxious to libel actions, whilst a witness before the 
 Oommission might give free rein to his imagination so long 
 as he refrained from imputing to a man an indictable offence, 
 or from saying that which brought pecuniary damage to a 
 man, or from slandering him in his trade or business. The 
 really analogous case would be seen if counsel were permitted 
 to give evidence for their absent clients ; if, for example, Mr. 
 Marshall Hall had been permitted, at a recent trial at the 
 Old Bailey, to give his version of what the deceased boy Kasfc 
 would have said. To imagine that any court of law would 
 allow or any jury would listen to evidence of that character 
 is to imagine the impossible. There is not, indeed, a prac- 
 tising lawyer who has not known many times, and to his 
 cost, how vast is the difference between the sunny statement 
 of his witness, as it appeared in his brief, and the chequered 
 aspect of the evidence of that witness when he steps out of 
 the box after cross-examination. 
 
 The remaining weaknesses of the practice of the Commis- 
 sion ma}' be summed up in a paragraph. They frequently 
 admitted at the outset verbal statements as to the effect and 
 contents of written documents which were not produced. 
 They admitted hand-made and undated copies of alleged
 
 aO THE LAND QUESTION IN SOUTH WALES. 
 
 agreements (names of parties omitted), of which it was said 
 that they were contracts out of the Act of 1883. One such 
 was found subsequently to be dated 1875 ! But on this 
 point they were inconsistent, for, when a clergyman at llhyl 
 tendered a copy of a lease, he was sternly told that copies 
 would not be admitted. They allowed a malcontent witness 
 to hand up to them privately the names of six alleged victims 
 of Lord Windsor (that is to say, they gave him leave to do so, 
 but nobody knows whether he did it or not) ; they informed 
 a sub-agent of Miss Talbot, who desired to submit privately 
 the name of his informant, that under no circumstances could 
 they accept confidential communications. 
 
 That is the kind of Commission with which Welsh land- 
 owners had to deal ; that is the way in which the material 
 upon which this colossal Report professes to be founded was 
 collected and raked together. It cannot be contended that it 
 was not a duty to set forth these plain facts before looking at 
 what these Commissioners have to say and what they presume 
 to recommend. 
 
 ^OLH
 
 CHAPTEB II. 
 
 Let us now proceed to deal with those portions of the Report 
 which have a practical as distinguished from a merely literary 
 and antiquarian interest. 
 
 First it is to be noted that, while there is a Majority Report 
 and a Minority Report, it is difficult, if not impossible, to 
 ascertain with how much of the observations of the majority 
 the minority agree. The minority, composed of Lord Kenyon, 
 Sir John Llewelyn and Mr. Seebohm, leave us in considerable 
 doubt upon this point, which is unfortunate ; and to show how 
 unfortunate it is, we quote from the opening of the Minority 
 Report. 
 
 " We have been anxious, as far as we honestly could, to 
 agree with our colleagues in the report of the facts which 
 have come before the Commission and in the general in- 
 ferences to be drawn from them. And with that view we 
 have signed the first part of the Report as a pai;istaking 
 endeavour to place on record a broad view of the conditions 
 under which land is held and cultivated in Wales. There 
 may he parts of the Report as to which, in our view, ^tndtie 
 regard may have been paid to statements of those naturally 
 under politieal Mas, and u)iduc p>rominencc given to matters 
 more or less the subject of political agitation. We have regretted 
 the freriuent introduction of personal matters hy reference to 
 individual cases hy name. Hoivever carefully a short statement 
 of facts^ often imperfectly disclosed in the evidence, may he
 
 22 THE LAND QUESTION 
 
 drawn, it is impossible to avoid the danger of not ftdly repre- 
 senting aspects of the case which to the individual may he of 
 personal importance as more or less implying moral Uame ; and 
 we should dee'ply regret if in the statement of these cases in the 
 Mcport any unjust morcd asjxrsion shoidd have been un- 
 intentionally cast upon any individual, whether landlord or 
 tenant. With these reservations as regards this part of the 
 Hcport, ive have not thought it needfid to withhold our general 
 concurrence^' 
 
 Now, the first point that strikes the mind on perusal of 
 this introductory paragraph is that no man can say, and the 
 minority of the Commissioners themselves find it difficult to 
 distinguish, how many of the statements in the Report, apart 
 from the recommendations, are to be taken as unanimous. If 
 the authors of the Report, or the partial endorsers of it, are 
 in this difficulty, it must be abundantly clear that any 
 individual not a member of the Commission who attempts to 
 mark out the boundary line between unanimity and difference 
 in this wilderness of words must fail ignominiously. That is, 
 as has been observed, a grave misfortune, especially from the 
 point of view of those who hold that the views of Mr. 
 Seebohm, Lord Kenyon and Sir John Llewelyn carry con- 
 siderable weight. 
 
 Next, the reader cannot fail to remember that when this 
 important paragraph was written the " painstaking endea- 
 vour" to summarise the evidence fairly was before the eyes 
 of those who deemed it necessary to preface their own 
 observations with these words of warning prudence. What, 
 then, do we gather ? That the main body of the vital part of 
 the Report came into being from the pen or the mouth of 
 some jDerson or persons, and that, whether there was one 
 author or more than one, neither Sir John Llewelyn, Lord 
 Kenyon, or Mr. Seebohm had any share in the authorship. 
 No one of these gentlemen, assuredly, is capable of describing 
 work wholly or partly his own as a " painstaking endeavour.'^
 
 IN SOUTH WALES. 28 
 
 For the rest, the paragraph plainly indicates that, in the 
 opinion of these honourable and responsible men, the readers 
 of the Report must be on their guard against undue regard 
 paid to the statements of those naturally under political bias, 
 undue prominence given to matters more or less the subject 
 of political agitation, unnecessary introduction of personalities, 
 inadequate and inaccurate summaries of evidence. Far be it 
 from us to dispute this opinion reached by men of notorious 
 impartiality and so conciliatory in disposition that they did 
 not withhold " general concurrence ' from what had been 
 written by others. On the contrary, it is a part of the 
 present task to justify the warning given by the minority to 
 show that a distinctly partisan bias runs through the whole of 
 the vital portion of the Ilej)ort and through part of the 
 Introduction ; to point out that sentence after sentence, 
 without embodying any direct statement of fact that can be 
 disproved, has a sting in the tail of it ; and to show that the 
 summaries of evidence, upon which Mr. Thomas Ellis, M.P., 
 appeared, in his recent Carmarthen speech, to set great store, 
 are in many respects, and most particularly in reference to 
 the qualifications of agents, more than accidentally imperfect. 
 For the present, however, it is enough to observe that, for 
 dignified and uncompromising condemnation of the method 
 pursued in drafting the only part of the Report which has 
 reference to the circumstances of the present day or possesses 
 any practical interest, the well-considered words of Mr. 
 Seebohm, Sir John Llewelyn, and Lord Kenyon leave abso- 
 lutely nothing to be desired. 
 
 And now let us make a "painstaking endeavour" to 
 summarise, as briefly and accurately as may be within our 
 capacity, those parts of the Report which, whether unanimous 
 or not, are of real interest, and to specify the recommenda- 
 tions of the entire body, of the majority, and of the minority ; 
 dealing with these matters as they come and in the order of 
 convenience.
 
 24 THE LAND QUESTION 
 
 Upon certain points in the Report of which there is strong 
 reason to complain it is to be feared that unanimity must be 
 predicated. And this, we take it, must be said of the Intro- 
 duction, which contains sundry passages highly objectionable 
 to all friends of the present system of landownership to which 
 it is not possible for them to assent. 
 
 The most objectionable of these is contained in the ninth 
 paragraph (page 9), in respect of the allegation that tenants 
 were afraid to come forward and give evidence. " But in 
 our judgment we feel bound to say that not simply a small 
 number of exceptionally timid and prudent men, but a very 
 large proportion of the tenant-farmers in each district were 
 deterred from coming forward to give evidence by fear of 
 incurring the displeasure of the landlord, and therefore 
 possibly of receiving notice to quit, or, at any rate, being 
 placed ia a disadvantageous position as regards him and his 
 agent." They then are kind enough to say that they are 
 sure no considerable number of landowners would be 
 prejudiced against a tenant because he gave " candid and 
 accurate evidence." Then they exhort landowners not to do 
 anything which can possibly lead to a suspicion, no matter 
 how groundless, of this kind. 
 
 The inference is obvious. The landowner who desires to 
 secure from the Commissioners a character for prudence must 
 never, whatsoever may happen in the future, whatsoever 
 provocation may be offered to him, take in his own interests 
 any step which may be disadvantageous to the public-spirited 
 tenants who came before the Commission. It follows from 
 this doctrine that to have given evidence, true or false, is, if the 
 view of the Commissioners is to be upheld, to have acquired a 
 property near akin in nature to perpetuity of tenure. '■ Vie 
 are sure," say the Commissioners in effect, '• that landlords 
 will iiot punish ; but they must avoid the very suspicion 
 of punishment " ; and this means that tenants are to be 
 cosseted and favoured for no other reason than that, having
 
 IN SOUTH WALES. 25 
 
 an opportunity offered to them, they have chosen to make, 
 out of mere animosity and malignance, and without regard to 
 the relevance of their observations, serious attacks upon the 
 •characters of the owners or managers of the land which they 
 occupy or have occupied. 
 
 It would be interesting to learn whether the accusations, 
 quite irrelevant to the real issues which the Commission had 
 to try, made by a Mr. Evans against Lord Windsor's agent, 
 Mr. Forrest, ought in the opinion of our tender-hearted 
 Commissioners to entitle the said Mr. Evans to perpetuity 
 of tenure. It would be instructive also to learn whether 
 there are any limits to the theory that the practice of back- 
 biting a landlord, aptly described by Lord Morris in the 
 House of Lords by the phrase " domestic treacher}"," entitles 
 a man not only to the negative advantage of freedom from 
 punishment, but also to the positive benefit of substantial 
 reward. 
 
 The next reference in the sermon (for the whole of the phra- 
 seology savours of "the word of exhortation ") is to certain 
 evictions for political reasons alleged to have taken place 
 after the elections of 1859 and 18G8. With these allegations 
 it is not proposed to deal in detail, for two excellent reasons. 
 In the first place they are allegations in relation to which the 
 Commissioners, if they considered the topic material, had an 
 absolute right, not merely in law, but also in reason, to accept 
 hearsay evidence. But it followed from this fact that the 
 allegations were in themselves liable to that doubt which 
 must alwavs attach to hearsav, and that thev were far more 
 easy to make than to meet. One cannot prove that a man 
 now dead did not tell Thomas Jones that a landlord, now 
 dead, did not give him notice to quit because he refused to 
 give a vote contrary to his political convictions. That, at 
 any rate is plain ; for one cannot call the dead landlord back 
 to life for examination upon his original motives. Nor is ib 
 possible in 1897 to discover whether, forty or fifty years ago.
 
 26 THE LAND QUESTION 
 
 there was, either in the mind of the landlord or in the condi- 
 tion of the evicted tenant's holding, something other than 
 politics which might explain the eviction. Nor, unhappily^ 
 can it be denied that, in days which were less enlightened 
 than ours, there were evictions which proceeded' from political 
 motives. Those were times in which tenancy was regarded 
 as a privilege. They were times in which men held the 
 opinion — and the present writer for one is not going to say 
 that it was an unreasonable opinion — that they were entitled 
 to surround themselves with their supporters and friends. 
 But we are entitled to say that this principle, even if it be 
 regarded as obsolete in these days, prevailed and was acted 
 upon in England as well as in Wales. We have a clear right 
 to say also that the evidence given on the subject was 
 inevitably open to suspicion on the ground of vagueness 
 and because it could not be tested ; and that much of it 
 showed signs of a natural tendency to exaggeration. But 
 the true answer is that these evictions of ancient days, of 
 which the Commission makes a prodigal use, were quite 
 irrelevant to the present problem, if indeed problem there be. 
 If there was tyranny of that kind thirty and forty years ago,- 
 such tyranny is impossible now. The Ballot Act has been 
 passed in the interval. By the universal admission of all 
 parties, it is absolutely effectual. It is impossible to discover 
 whether a man has voted for the blue or for the yellow, and 
 therefore impossible to punish him for his vote. Frankly, it 
 is impossible to believe that any reasoning being in 1897 can 
 stand in terror of a recurrence of the events of those bygone 
 years ; if there be such men then their timidity is incurable 
 and constitutional. They have absolute protection, and that 
 must suffice for them. But it is a piece of legitimate criticism 
 to add that the Commissioners who have to hark so far back 
 for their arguments must have been sorely distressed to find 
 any arguments at all. 
 
 In connection with the same subject, that of groundless and
 
 IN SOUTH WALES. 27 
 
 tmreasoning fear, the Commissioners, in a portion of their 
 lleport which bears the appearance of unanimity, deal with a 
 point of vital importance to the landowners and the estate 
 agents of South Wales and Monmouthshire. No apology is' 
 made for dealing with this subject in some detail, since it is a 
 plain duty to defend a body of men who are held in just 
 esteem and regard against an accusation which is of au 
 obviously grave nature. It is the kind of accusation whicii 
 ought by no means to be made unless the grounds of it have 
 been tested with anxious care ; and certainly it is such a charge 
 that to make it, after the evidence supporting it has been 
 submitted to an impartial authority and has been authorita- 
 tivety declared to be inadequate, is nothing short of scandalous. 
 It will be remembered that, during the course of the inquiry, 
 certain witnesses, hailing from South Wales for the most 
 part, came forward to allege that they had been punished^ 
 damnified, or otherwise injured by reason of evidence given, 
 by them to the disadvantage of the owners of the land which 
 they happened to hold under agreement. The allegations,, 
 apart from the flimsy evidence by which they were supported, 
 were of grave importance for, if they had been justified, they 
 would have provided some ground for saying that the vague 
 fear to give evidence, to which sundry witnesses testified, 
 was not in truth unreasoning. And they were the more 
 important in that they were a boon to the local newspapers, 
 which found readers where the official reports of evidence 
 found none, and were circulated far and wide. 
 
 What, then, was the course taken by the Commissioners in 
 relation to an important question affecting the characters and 
 the honour of a large body of gentlemen who had the common 
 right to be regarded as innocent until they had been proved 
 to be guilty ? It was, in a word, extraordinary. The Com- 
 missioners, as is incontestably demonstrated by the Report, 
 positively assumed the likelihood of guilt in landowners before 
 they took the first step in their general inquiiy and, when
 
 28 THE LAND QUESTION 
 
 allegations had been made and had been laughed to scorn by 
 unprejudiced officials, the Commissioners adhered to an atti- 
 tude of suspicion which had been ignoble from the beginning. 
 Not only did they presume the guilt of landowners before a 
 syllable had been said against them, but also they persisted 
 in asserting their guilt after they had been proved to be 
 innocent. It was surely by inadvertence that Lord Kenyon, 
 Sir John Llewelyn, and Mr. Seebohm assented to proceedings 
 and appended their signatures to a Report which can bear no 
 other interpretation than this. 
 
 The statement which has just been made must be verified 
 without delay, for in itself it is serious and deliberate, and 
 the justification of it will go a long way to indicate the temper 
 and the prejudices of the Commissioners with whom Welsh 
 landowners had to deal. 
 
 "We could not help contemplating the possibility of 
 
 attempts being made to intimidate witnesses from coming 
 
 before us, or to injure them for doing so, though we believed 
 
 that this was not likely to happen" (Report, page 12). To 
 
 be plain, we cannot appreciate the difficulty of resisting the 
 
 contemplation of this possibility. It appears to us to have its 
 
 origin in groundless and cynical suspicion. If seems to us 
 
 that we are justified in saying that at the bar of a Commission 
 
 which entertained this suspicion before a single witness had 
 
 been heard, the class of persons upon whom that suspicion 
 
 was thrown could not hope for that fair trial which, in fact, 
 
 they did not obtain. The sentence quoted was made public 
 
 in the Report for the first time ; but the feeling in which it 
 
 was penned animated the Commission from the beginning. 
 
 The Chairman, as the Report points out in a boasting mood, 
 
 adopted a novel and curious method of encouraging witnesses 
 
 at each new place of sitting. It was his custom to recite an 
 
 imposing proclamation describing, in the first place, the pains 
 
 and penalties which might be suffered by witnesses who had 
 
 the temerity to come forward and give evidence. The stereo-
 
 IN SOUTH WALES. 29 
 
 typed proclamation ended with the words " We desire there- 
 fore (and it is our duty to do so) to point out that the 
 Witnesses Protection Act of 1892 affords a remedy adequate 
 to meet any ordinary case." 
 
 In passing we may observe a curious omission. The 
 Chairman, in this curious way, urged witnesses to come for- 
 ward, but he omitted, out of tender regard for their feelings, 
 to impress upon them the necessity of testifying to the truth. 
 He was accurate in saying that the Act in question afforded 
 an adequate remedy in ordinary cases, but he omitted to 
 warn witnesses that an ordinary case is assumed to be that of 
 a truthful witness, and that the statute affords no protection 
 to false testimony given in bad faith. But it appears from the 
 lleport that the Commissioners, or some of them, were not 
 satisfied with the sincerity of the proclamation which they 
 authorised to be made with so much precious solemnity. They 
 go on to say, " We were [presumably at the beginning of the 
 inquiry], and are, well aware that the language of the statute 
 is such, and the difficulty of proving an offence under it to 
 the satisfaction of a court of law is so great, that many 
 possible cases of wrongful treatment of persons for having 
 given evidence before a Royal Commission must escape 
 punishment.^' 
 
 The situation in which the Commissioners thus place them- 
 selves is grimly entertaining. Firstly, out of the fertility of 
 their collective imagination, they evolve dangers ; secondly, 
 they warn witnesses of the existence of these imaginary- 
 dangers ; thirdly, they tell witnesses to be of good courage 
 because the Act provides an adequate remedy ; fourthly, they 
 confess that they knew all the while that the Act was of no 
 value. If this were a case in which personages less august 
 were involved the plain man would be disposed to say that 
 persons who said that a statute afforded sufficient protection 
 when they felt perfectly certain that it did nothing of the 
 kind could hardly claim that they had dealt with their
 
 30 THE LAND QUESTION 
 
 audiences in good faith. The case is similar to that of a 
 countryman saying to a stranger in winter "the ice may 
 bear, or may give way, but it does not matter much, for there 
 are no more than two feet of water in any part of the pond,"' 
 when, in fact, the countryman well knew the depth to be ten 
 feet or more in places. 
 
 As for the criticism of the Act, it is childish in the last 
 ■degree. Its defect, which is never likely to be remedied out- 
 side a lunatic asylum, is that the prosecution must prove a 
 ■case against the prisoner before conviction ca.n be obtained. 
 Nobody, except the queen in " Alice in Wonderland," ever 
 dreamed of basing a criminal enactment on any other principle, 
 and no despotic monarch has ever attempted to follow the 
 method of "sentence first and trial afterwards " without forcing 
 his subjects into rebellion. It is true that the prosecution 
 has in this, as in many other classes of crime, to prove the 
 motive of the accused. But there is nothing mysterious in 
 that, since it is a well-known rule of law that a man must be 
 held to intend the consequences of his own actions, and, in the 
 absence of adequate explanation, to have been animated by 
 the motive which his subsequent actions suggest. In a case 
 under this Act the Crown would have to prove, in the first 
 place, that the evidence had been given and the witness had 
 suffered at the hands of the accused. There would then be 
 several conceivable defences. First, the accused might prove 
 that the evidence given was deliberately untrue ; that would 
 bave been the defence in several cases alleged before the 
 Commission. Secondly, he might show that the punishment 
 was never inflicted. Either of these defences, if established, 
 would ensure acquittal. Thirdly, the accused might not 
 merely say that his motive in inflicting the punishment had 
 no reference to the evidence given, but also corroborate his 
 statement by placing in evidence substantial facts in con- 
 firmation of it. This last would naturally be the most diflScult 
 defence to establish.
 
 IN SOUTH WALES. 81 
 
 The Commissioners are, however, not satisfied with puerile 
 criticism of the statute which they solemnly declared to be 
 effectual for protection : they distinctly declare that it has 
 not been effectual, and that punishment has been inflicted ; 
 they say in effect that Welsh gentlemen, or some of them, 
 have been guilty of crime in connection with the proceedings 
 before the Commission. That the Commissioners publish this 
 scandalous libel in a sentence in which they confess that they 
 have no right to express an opinion at all, is only character- 
 istic of their methods. '"We have had to decide, therefore, 
 how far it is right for us to express an opinion as to the 
 criminality of the persons complained of, and have come to the 
 conclusion that it does not lie within our jJTOvinee, deeply as we 
 regret that in any case the laiv should have failed to give the 
 protection intended hy the Act." The italics are ours, and they 
 are used to emphasise the inconsistency of men who, in one 
 breath, condemn, as criminal, actions upon which they confess 
 that they have no right to express an oj^inion. It may be 
 added that the distinction between the law and the Act is 
 meaningless. For the purpose of protection of witnesses the 
 Act is the law, and the law is the Act, and Parliament 
 intended that the Act should punish those who were proved 
 to be guilty, and none others. 
 
 But the point is that the Commissioners solemnly aver, 
 although in some cases they curtailed and refused to hear the 
 case for the defence after hearing the prosecution in full, that 
 intimidation and punishment of witnesses were practised. 
 They express the same opinion, in a sentence purporting to 
 contain their impressions as to the meaning of the Act, the 
 said sentence being so crammed with innuendoes that it 
 cannot be called high-minded, and at the same time so art- 
 lessly expressed that it is possible to trace the particular case 
 which the framer of the sentence had in mind. " But we 
 were distinctly under the impression that, in the true con- 
 struction of the Act, any action by a landlord adverse to a
 
 32 THE LAND QUESTION 
 
 tenant who had given evidence before us for which any 
 capricious, trivial, and wholly inadequate reasons were given, 
 would certsimly pri7nd facie come within its terms and at any 
 rate throw on a landlord the onus of justifying his action." 
 The " distinct impression" is merely a ponderous explanation 
 of the obvious meaning of the statute ; the distinct intention, 
 which is quite another matter, is to assert in a manner not 
 magnanimous, because it is indefinite, that a tenant has been 
 punished by a landlord for giving evidence, that the landlord 
 has given trivial and inadequate reasons for his conduct, that 
 the Solicitor to the Treasury has declined to institute a prose- 
 cution, and that an appeal to the Home Secretary has 
 produced no result in the shape of a prosecution. 
 
 A little patience and careful application of the method of 
 exhaustion, combined with a knowledge of the indiscreet 
 utterances of the Commissioners on various occasions, render 
 it possible to point to the particular case which the Com- 
 missioners had in mind in framing these observations, and 
 justify the statement that the same Commissioners who 
 declare that to decide whether conduct is criminal or not have, 
 in fact, expressed a decided view that two honourable gentle- 
 men conspired together to punish, and in fact did punish, a 
 witness for giving evidence. 
 
 Observe, they allege action adverse to a tenant for giving 
 evidence by his landlord, who gave explanatory evidence by 
 way of defence. This excludes the ridiculous but irritating 
 accusation made by Ben Maddy, the rabbit-catcher, against 
 Mr. Thurston Bassett, a master of hounds. Mr. Bassett, it is 
 true, is a landlord, and made as much explanation as the 
 Commission, which had heard the accusation in full, was dis- 
 posed to permit. In this case, be it observed, Maddy's com- 
 plaint was based on the alleged statements of divers persons,, 
 whom the Commission refused to hear in full, although they 
 had been taken all the way from Glamorganshire to Brecon 
 at Mr. Bassett's expense, whereas Maddy was conveyed at the
 
 IN SOUTH WALES. 33 
 
 expense of the country. But Maddy was not Mr. Bassett'8 
 tenant ; so that cock will not fight. Nor can the reference 
 be to the ingenuous tenant of Mr. Charles Matthias, who, after 
 testifying that Mr. Matthias paid his rates for him, alleged 
 that, after and in consequence of the testimony, Mr. Matthias 
 ceased to show that particular form of generosity. For in 
 this case the landlord treated the Commission with contempt 
 by not attempting any explanation at all. Probably his 
 feeling in the matter — assuming the story to be true — was 
 that even the newest Act of Parliament could not be so con- 
 strued as to compel a landlord or anybody else to encourage 
 domestic treachery by gratuitous reward. Nor can the refer- 
 ence be to the ardent Board School master of somewhere near 
 Lampeter in " the sweet shire of Cardigan," for his complaint 
 was made against a School Board and a bank. The School 
 Board, he alleged, turned him out of his office and took him 
 back again ; the bank made him pay his overdraft, and 
 addressed to him a letter with the common form of which 
 many men have the misfortune to be familiar. But in this 
 case the relation of landlord and tenant does not appear ta 
 have been disturbed, since it did not exist. 
 
 Internal evidence shows that the reference is clearly to- 
 what the chairman of the day was pleased to describe as "the 
 very distressing case of Mr. John Thomas," and in relation to - 
 which the chairman ended his little oration of sympathy by 
 an expression of the opinion of the Commission that no . 
 adequate explanation or reason had been given for the treat- 
 ment measured out to Mr. John Thomas aforesaid. 
 
 An entirely factitious importance has been given to this . 
 case in Parliament and in the Press, partly perhaps because 
 Mr. John Thomas, the alleged victim, was the brother of Mr. 
 D. Lleufer Thomas, the secretary of the Commission. So far- 
 has the agitation concerning " the very distressing case of 
 Mr. John Thomas" proceeded that an endeavour has been 
 made to establish him in the position of a martyr, new style ^ 
 
 C
 
 34 THE LAND QUESTION 
 
 that is to say, the kind of martyr for whom a public 
 subscription is started. Whether this enterprise was suc- 
 cessful or not the present writer is unable to state ; but 
 he has his doubts, since he remembers a shrewd saying of 
 the late Dr. Herber Evans, an eminent Nonconformist 
 divine and orator, to the effect that the way to the Welsh- 
 man's heart is short, but the way to his pocket is long. 
 Possibly, however, the appeal may have reached the ears and 
 the pockets of generous Englishmen. 
 
 Be that as it may, the case is of sufficient importance to 
 demand attention and investigation ; and the facts, so far as 
 they are common ground, are these. Mr. John Thomas was 
 rtenant of a farm called Troed-yr-Ehiw, about twelve miles 
 from Carmarthen, under Mr. Gerwyn Jones, an owner of 
 considerable property in the district. He gave evidence on 
 the 21st of April 1894, in Welsh. The complaints made in 
 the evidence, of which the English version is of considerable 
 literary merit, were, on the whole, normal and so phrased as 
 to cover a whole parish. The personal grievances of Mr. 
 Thomas appeared to consist in a belief that the agent, a 
 Welsh-speaking banker, was " not a suitable or competent 
 intermediary between the landlord and his tenants " ; in a 
 statement that, at the bidding of Mr. Gerwyn Jones's father, 
 he had deserted the sect of Independents and had become an 
 attendant at Church, and that he had been injured by the 
 resumption on the part of the landlord of nine acres of his 
 holding (for which the landlord paid £14 per annum) for the 
 •purposes of a rabbit warren and so forth. On the 25th, Mr. 
 Watkins, the agent, replied at Lampeter. So far the matter 
 seemed to be free from any extraordinary features. 
 
 But at a subsequent meeting of the Commission, Mr. John 
 Thomas came forward to state that he had received notice to 
 quit, and that he believed this notice to have been given to 
 him solely because he had given evidence. The accusation 
 of crime thus made against Mr. Gerwyn Jones and Mr.
 
 IN SOUTH WALES. 35 
 
 Watkins was the more serious in that the accuser, albeit 
 himself in no degree superior to the small farmers of the 
 neighbourhood, was the brother of the secretary of the 
 Commission, who, in his turn, was a man of education and of 
 keen intelligence. It seemed hardly probable, having regard 
 to this relationship, that the farmer would come forward to 
 accuse his landlord of a criminal offence without preliminary 
 conversation with his brother at the Bar. The accusation, iu 
 fact, bore every mark of careful preparation, and there need 
 be no hesitation iu saying that the party which alleged 
 intimidation to prevail, which asserted that the pretended 
 terror of the tenantry rested upon substantial grounds, looked 
 upon Mr. John Thomas with the same confidence which a 
 whist-player reposes in the king of trumps. Mr. Watkins, 
 however, came forward to reply. He was warned, as prisoners 
 are supposed to be warned by the arresting constable that 
 any admissions made by them may be used against them 
 later, that he was under no compulsion to make his defence. 
 But, albeit harassed a good deal from the Bench, he was not 
 daunted, and he gave his explanation. He was perhaps wise 
 not to rely on the defence that the original statements of his 
 accuser had not been marked by Ijona fides. True it is that 
 the statements were irritating and that he had denied them. 
 But the questions whether rents are too high, whether an 
 agent is competent, whether favouritism is shown, and who 
 has the right in a petty squabble about a rabbit warren, were 
 questions on which Mr. John Thomas had a right to an 
 opinion. But besides this, Mr. Watkins had an explanation, 
 amply sufficient if it were true, which Mr. John Thomas did 
 not attempt to deny comprehensively. Mr. Thomas, said Mr. 
 Watkins, was always grumbling, and, prior to the giving of 
 his evidence, it had been agreed verbally that he should quit 
 his farm on the following 29th of September. This verbal 
 agreement he did not fulfil ; verbal agreements of that kind 
 seldom are fulfilled. Mr. Watkins was accordingly instructed
 
 36 THE LAND QUESTION 
 
 to give liim formal notice at the next opportunity, which was, 
 of course, the next 29th of September ; and he gave it. So 
 Mr. Watkins played the ace of trumps to the agitator's 
 king. 
 
 Such was the version of the transaction given by Mr. 
 Watkins, a gentleman whose position and reputation entitled 
 him to credit. Nor, substantially, was it denied by Mr. John 
 Thomas. In truth, it was quite possible that both views of 
 the affair might be correct, Mr. Watkins on his part holding 
 it to be his duty to carry out his instructions in the proper 
 course, while Mr. John Thomas, very likely felt that the 
 whole thing had blown over. Some of the questions asked of 
 Mr. Watkins by individual Commissioners have an incidental 
 interest as an exemplification of the mood in which they 
 approached questions between landowner and tenant. Why,. 
 it was asked, was not Mr. Thomas informed immediately on 
 his failure to quit the holding as agreed, that notice would be 
 given to him formally at the next proper opportunity ? The 
 answer, of course, is plain. A warning of this kind would 
 have amounted to giving Mr. Thomas nearly two years' notice 
 to quit. To have given so much notice would have been to 
 expose Mr. Thomas to a considerable temptation, for, as 
 every farmer knows, it is easy in the course of two years to 
 transmute much of the inherent richness of a farm into cash. 
 " Mr. Watkins is not," sa3^s Mr. Thomas, " a practical farmer" ; 
 but he seems to have known this elementary rule of estate 
 management. 
 
 So far we have seen the Commission, after professing to 
 see that it had no business to express an opinion as to the 
 criminality of conduct, pronouncing a solemn condemnation 
 of two gentlemen. Was this condemnation uttered of set 
 purpose or, so to speak, by accident? If of set purpose, 
 then it is difficult to acquit of hypocrisy the man or men 
 responsible for the original sentence ; if by accident, it can 
 only be said that the error was of a singularly clumsy character.
 
 IN SOUTH WALES. 37 
 
 The dilemma is oue in which we are quite satisfied that the 
 Commissiouers should be left; they are entitled to impale 
 themselves on the horn of their choice. 
 
 Fortunately final judgment upon the question whether a 
 number of Welsh landowners had rendered themselves 
 obnoxious to the criminal law did not lie with Lord Carring- 
 ton and his associates. They might listen to wild accusations, 
 supported by statements which could never be accepted as 
 evidence in a criminal court ; they might hector the accused 
 after hearing as much, or as little, as they pleased of the case 
 for the defence ; they might tickle the ears of the ground- 
 lings by vague talk of the Public Prosecutor. And, no 
 doubt, it was not pleasant for the gentlemen against whom 
 charges affecting their honour, and even their liberty, were 
 made, to feel that their cases were being considered by the 
 Solicitor to the Treasury. But the result was satisfactory, 
 for that official, being compelled both by legal and moral 
 duty to give impartial consideration to the statements 
 submitted to him, reported of each case that the statements 
 made would not justify a prosecution. In other words, the 
 Commission had recommended not one but several gentlemen 
 to the tender mercies of the Public Prosecutor, and the cold- 
 blooded official had, by his action if not by his words, con- 
 demned the whole series of charges as trumpery and 
 unsubstantial. What, in those circumstances, was the plain 
 duty of the Commissiouers ? Surely, although every lawyer 
 familiar with the facts, with the solitary exception of the 
 ■Queen's Counsel who stood for law on the Commission, had 
 laughed to scorn the menace of prosecution, common humanity 
 and decency pointed to the only course worthy of honourable 
 men. They had dangled fine and imprisonment before the 
 eyes of responsible gentlemen, themselves, for the most part, 
 entrusted with the duty of administering justice. They had 
 been informed, on high authority, that they had threatened in 
 vain and without reason, that out of many reckless accusa- 
 
 ^815669
 
 38 THE LAND QUESTION 
 
 tions there was not a single one which could be brought 
 forward, either in a Court of summary jurisdiction or before 
 a jury, with the slightest prospect of obtaining a conviction. 
 From private gentlemen who had fallen publicly into so 
 gross and calumnious a blunder, an ample apology would 
 have been demanded by public opinion. But officials, how- 
 soever ephemeral, must not sully their dignity by confession 
 of error. At least, however, the official mind might have 
 remembered that it was neither humane nor necessary to 
 keep the threatened gentlemen in suspense. Yet it is a 
 plain fact that, until November 1896, when the Commission, 
 under the spur of the j ust remonstrance of the Treasury, was- 
 forced to produce its voluminous Report, no official informa- 
 tion, no intimation that they might take their walks abroad 
 in peace of mind, was vouchsafed to these gentlemen who lay 
 under menace. 
 
 For this extraordinary silence there was, it is plain from 
 the Report, a similar reason. The majority of the Commis- 
 sioners ought, in all charity, to have been pleased to find that 
 skilled investigation had shown their suspicions to be ground- 
 less ; but their conduct shows plainly that their feelings were 
 of quibe another character. It is the literal fact that after 
 the Solicitor to the Treasury had reported that in no case 
 could a prosecution be instituted with the remotest prospect 
 of success, a deputation of the Commissioners actually had 
 the hardihood to wait upon the Home Secretary to urge, in 
 malignant despair, prosecution in spite of the Solicitor to the 
 Treasury. • The deputation, we learn from the Report, con- 
 sisted of Lord Carrington and Mr. Brynmor Jones, Q.C., M.P. j 
 and the deputation was, as Mr. Kenelm Digby's letter 
 proves, answered with dignity and with courtesy, in which the 
 tone of reproof is distinctly to be traced. 
 
 Finally the Commissioners, or some of them, for we decline 
 to assume that any individual Commissioner can be respon- 
 sible for the form of every sentence in this huge volume, return.
 
 IN SOUTH WALES. 39 
 
 to the charge in tlieir Report. They condemn the very 
 persons whom the Public Prosecutor has declared that no 
 jury could possibly condemn, they whine that the Act of Par- 
 liament is inadequate, because, forsooth, it requires that no 
 man shall be punished until his guilt has been established 
 by evidence. 
 
 No apology need be offered for the careful treatment which 
 has been given to this subject. It has been given not so 
 much in jealousy for the reputation of South Wales and 
 Monmouthshire landowners, which in truth stands too high 
 to be affected by groundless and pertinacious calumny, as in 
 the feeling that the subject itself is of vital importance in 
 relation to every proposal for agrarian legislation. This 
 allegation of fear, this assertion that the peasantry of Wales 
 are so terror-stricken and so timorous by constitution and 
 tradition that they are not free agents in the affairs of life and 
 not capable of looking after their own business, is at the 
 bottom of the whole of the reactionary aud unscientific pro- 
 posal for the establishment of a system of judicial rents. 
 Before the Commission started upon its pilgrimage the ver- 
 nacular Press imagined this fear and invented it to be an 
 excuse for a poor aud unprovable case. The Commissioners 
 have accepted this theory of fear and have made it the 
 foundation of their Report. The party of agitation have 
 strained themselves to the utmost to discover so much as a 
 scintilla of evidence tending to show that facts supported 
 their stolid assertion that the tenantry stand in terror of the 
 landowners. In truth, the party of agitation looked beyond 
 the Commission and saw that, before their confiscatory 
 designs could hope to receive the serious attention of the 
 House of Commons, they must produce something approach- 
 ing to evidence to show that their stories were true. The 
 mere assertion that an entire race lived in groundless and 
 unreasoning terror was one at which the country and the 
 House of Commons would not look in a serious mood. It is,
 
 40 THE LA^^D QUESTION IN SOUTH WALES. 
 
 therefore, a matter of grave importance and satisfaction that, 
 after exercising all their energies, after using every device 
 which malice and ingenuity could suggest, these persons have 
 failed signally to produce a particle of foundation for the 
 alleged fear, or a single 'primd facie case of intimidation of a 
 witness or injury done to a witness by reason of evidence, true 
 or false, given by him. The only kind of intimidation which 
 existed in connection with the Welsh Land Commission came 
 from the Bench and was applied to witnesses who had the 
 hardihood to disagree with the views, we will not call them 
 principles, as to the tenure of land held by six out of the 
 nine Commissioners, and by, perhaps, one Englishman out of 
 twenty.
 
 CHAPTER III. 
 
 Peom the allegation of national terror, which is at once an 
 insult to the Welsh people and a condemnation of Welsh 
 landowners as a body, the Commissioners proceed to condemn 
 Welsh land and estate agents as a body. The condemnation 
 is pronounced inferentially in the first two recommendations 
 of the Commissioners, which have been compared, unkindly 
 but most justly, to copy-book precepts. The Commissioners 
 recommend estate owners to be careful in the choice of their 
 agents, to choose Welsh-speaking agents for Welsh-speaking 
 districts, to see that their agents are properly qualified. They 
 urge agents to organise themselves into a profession, to be 
 impartial in their treatment of tenants and, oddly enough, 
 never to act upon the testimony of their subordinates. 
 
 All this is, of course, on the face of it, mere petty trifling ; 
 but unhappily the mere fact that nine gentlemen, after three 
 years of travel at the expense of the taxpayer, deem it neces- 
 sary to advise Welsh landowners to follow the obvious dictates 
 of common sense, compels an inference. That inference is 
 that landowners have not been careful in the choice of agents ; 
 that agents are, as a body, not competent, and not impartial. 
 Nor are we left to inference only, for on p. 251 of the Report 
 is found the following passage : 
 
 " We cannot wholly acquit all the owners of Wales in the 
 past or in the present of having employed improper or in 
 some cases unprincipled persons as agents, or having with 
 scanty or too slight inquiry and examination acquiesced in
 
 42 THE LAND QUESTION 
 
 and obtained advantage from harsh, arbitrary, and ill-advised 
 proceedings." This sentence is qualified and watered down 
 a little, but the whole is calculated to leave the impression 
 that the Commissioners, or so many of them as endorsed this 
 sentence, have a very poor opinion of the quality of Welsh 
 estate agents. 
 
 It is necessary to say one word by way of preliminary to 
 our defence of agents against a condemnation which 
 has really no substantial foundation. That is that, when 
 we speak of agents we refer to persons who manage 
 considerable estates, and not to mere rent collectors of 
 isolated farms, who may be bankers, or accountants, or 
 lawyers, or even, as in one case, confectioners. It is ridiculous 
 to speak of such persons as agents, and absurd to suppose 
 that the small properties of which they collect the rents could 
 support the expense of a professional and trained agent. 
 Moreover, the tenants on such properties must be and ar© 
 perfectly well aware that the relation between them and the 
 owners is purely contractual. They may be better or they 
 may be worse off than tenants on large estates, for on some 
 small estates much money is expended by the owners ; but 
 the men who collect the rents are not, in any true sense of 
 the word, agents. 
 
 A very large part of the arable and pastoral area of Wales 
 is, however, under the management of agents, and we are 
 concerned to defend them against a rambling condemnation, 
 the injustice of which has been very generally felt. That 
 becomes the easier in that the Commissioners have favoured 
 the world with a species of summary of the evidence on which 
 they rely, and a study of that summary is instructive, since it 
 shows the Commissioners to have been influenced by general 
 and wholly valueless allegations, unsupported by specific 
 facts and in revolt against the despotism of facts. The 
 summary too is in many cases unfair and misleading by 
 reason of omission of material facts. A brief treatment of
 
 IN SOUTH WALES. 43 
 
 the summary of evidence so far as it relates to South Wales 
 and Monmouthshire will exemplify our meaning. 
 
 It is quite true that Mr. Edward John of Cowbridge, who 
 is a tradesman, said " The appointment of inexperienced 
 agents has been most detrimental to the best interests of both 
 landlord and tenants." But he gave no instances and, as a 
 plain matter of fact, he was speaking in the hearing of the 
 principal agents of Glamorganshire, of whom the great 
 majority have enjoyed special training. To suggest, for 
 example, that such men as Mr. Knox, ^liss Talbot's agent, 
 and Mr. Forrest, Lord Windsor's agent, or Mr. Randall, Lord 
 Dunraven's agent, were not competent, would be simply 
 childish. Again, Mr. John Williams, speaking of the same 
 county, said : " Agents had generally had no practical train- 
 ing." But this was a ranting witness, who went on to say at 
 once : " There are Scotchmen coming down here, and they do 
 not know anything," which is not, perhaps, the general ex- 
 perience, which is that Scotchmen often know too much. 
 Contrast this loose kind of statement with the deliberate 
 evidence of Mr. Herbert Lloyd, who, speaking of Western 
 Glamorganshire, said that "all the agents he knew, and he 
 knew them all in that district, were men of great practical 
 experience, and fair men too, and who did their best to see 
 that justice was done to the tenants." This is the language 
 of a man who knew what he was talking about ; and he was 
 not cross-examined on the subject from the body of the room 
 or from the bench. Then, we are told, " ]\Ir. AY. Jenkins, of 
 Rhoose Farm, near Barry, complained of mismanagement by 
 agents, and especially instanced the case of an agent who was 
 brother-in-law of the landlord and of the rector of the parish,'^ 
 and some quite general abase of agents is appended. The 
 general abuse does not matter, but the first specific mention, 
 of mismanagement seems worthy of investigation. Will it be 
 believed that the action, thus roughly described as " mis- 
 management," consisted simply and entirely in raising a rent
 
 44 THE LAND QUESTION 
 
 in the prosperous times of 1875, a process which is far more 
 likely to have been good management than bad ? Next 
 comes a series of passages relating to North Wales, and then 
 we are regaled with the views of Mr. W. Gibbs of Pembroke- 
 shire, as to the qualifications which agents ought to possess ; 
 Mr. Gibbs, however, is not quoted as denying that agents 
 may possess these qualifications. The Commissioners more- 
 over add, in justice, that Major Wynne, one of the principal 
 agents of the district for which Mr. Gibbs spoke, has had 
 practical training at Downton, and at an architect's office. 
 Mr, Moses Williams (Carmarthenshire) then complained that 
 Sir Arthur Stepney's agent could not talk Welsh, which is 
 true. But Mr. Wilson knows his business as well as any man 
 in Wales or in England, and while the advantage of Welsh- 
 speaking in agents is not denied, it is plain that it may be 
 exaggerated and that the ignorance of English pretended by 
 Oymric enthusiasts is also greatly exaggerated. Few indeed 
 are the farmers, even in the remotest parts of Wales, who 
 cannot go through a commercial bargain in English and keep 
 remarkably level with, if not ahead of, the monoglot English- 
 men. 
 
 Then comes a new kind of indictment from the mouth of 
 Mr. Llewelyn Williams, in which no complaint is made of 
 agents, but in which it is said that many landowners listen 
 to intermediaries in the nature of spies and tale-bearers. No 
 particular instances are quoted, so that the statement is of 
 little or no value ; but in any case it does not affect the 
 character of agents individually, or as a body. Next, Mr. 
 John Thomas, Llandilo, was j^ermitted to say " too often the 
 agent is a solicitor, or bank-clerk, or auctioneer, who knows 
 little of the importance and responsibility of his office." 
 This statement, although untrustworthy in its want of specific 
 reference, calls for some comment. We may pass over the 
 bank-clerk ; he is a mere rent collector, but it really is not 
 very uncommon for solicitors to be agents, or for agents to be
 
 IN SOUTH WALES. 45 
 
 solicitors, or for auctioneers to be agents. Now, the Commis- 
 sioners and some of the witnesses made a dead set at solicitors, 
 and it is rather difficult to see the rationale of their attitude. 
 Knowledge of the law of landlord and tenant can hardly he 
 reckoned a disadvantage ; and knowledge of the law does not 
 exclude other knowledge. To be blunt, a country s'olicitor 
 doing a little farming on his own account, familiar with the 
 affairs and circumstances of his neighbours, accustomed to 
 judge the characters of men, is quite competent to manage 
 the business of any estate. In special cases he may, as Sir 
 C. G. Philipps's solicitor-agent showed, call in an expert. He 
 may not possess all the scientific knowledge which is at the 
 command of the best agents of great estates ; but, after all, 
 it is surely putting the claims upon a landowner rather high 
 to insist that he shall provide for the men who hire his land 
 a gratuitous tutor in agriculture. He may do it if he pleases^ 
 but it is not just to demand it of him as of right. More- 
 over, such a man is liable to be classed by malcontents of the 
 type of Mr. Gwilym Evans, whose claim to authority rests 
 mainly on his Quinine Bitters, among those agents " who have 
 a rather high opinion of their own abilities as compared with 
 those of tenant farmers." As for the auctioneers, there are 
 no men who know the value of land and its capacities better. 
 They are very often and very properly selected as agents, Mr. 
 T. Rule Owen, of Haverfordwest, being a conspicuous and 
 excellent example. 
 
 The complaint of Mr. Gwilym Evans concerning the agents 
 of a single estate may be put down as whimsical. He 
 observed that the landlord was a good deal out of the country, 
 that in twenty years he had had four or five agents in succes- 
 sion, and that the various agents (none of whom were alleged 
 to be untrained) differed in their views of farming. Now, as- 
 to absenteeism. Welsh landowners are not charged with it 
 even by the majority of the Commissioners, and it is really a. 
 little difficult to see how, so long as the conditions of human
 
 46 THE LAND QUESTION 
 
 life remain as they are, or until all men are cast in one mould, 
 changes of agents are to be prevented. Agents are human. 
 They are liable to be of many degrees of intelligence, of many 
 characters ; they may find that they have entered into the 
 service of principals with whom they cannot continue to work, 
 or that the climate of a district does not suit their tastes or 
 their constitutions, or that an opportunity of improving their 
 positions oSers itself. Nor, for a moment, do we dream of 
 saying that they are perfect to a man. But we do venture 
 to say that such a complaint as that of Mr. Gwilym Evans is 
 wholly unreasonable, and shows him and his party to have 
 been very hard-driven for evidence. Next we read, " Mr. 
 David W. J. Thomas, of Brecon, is an instance of an owner 
 acting as his own agent, though he had no practical knowledge 
 of farming." In strict English this sentence is meaningless ; 
 the proper thing for the Commissioners to say would have 
 been " Mr. Thomas, although he is not a practical farmer, 
 employs no agent." Clearly, therefore, no defects in Mr. 
 Thomas can affect the question of competence in agents. 
 But in common fairness it ought to have been added that 
 Mr. Thomas owns but 1000 acres of land : and it would 
 be unreasonable to suggest that it was his duty to employ a 
 special agent for the management of an estate of that area. 
 
 Then Mr. David Davies alleged that the agents in the 
 Llandovery districts were Churchmen and Conservatives and 
 that the differences of religious aud political opinion estranged 
 landlord and tenant. We are not yet prepared to admit 
 without argument that either Churchmanship or Conservatism 
 imply incompetence, and the charges of religious favouritism 
 failed everywhere. But the plain truth of the matter is that 
 this is one of many charges against landowners and agents 
 which broke down completely. 
 
 To continue this analysis to the tedious end would exhaust 
 the reader. Let it suffice to say that from beginning to end 
 of the evidence relating to the competence of agents in South
 
 IN SOUTH WALES. 47 
 
 Wales, not a single specific instance was given which even 
 tended to prove that tenants had suffered injustice from want 
 of competence or want of honesty on the part of any indi- 
 vidual agent during recent years. On the other hand, it was 
 shown in numerous cases, although it was practically impos- 
 sible to bring forward the testimoiay in every individual case, 
 that taken as a body the real estate agents of South "Wales 
 and Monmouthshire were, and are, as competent and honest 
 a body as can be found in any country. 
 
 The requirements of the Commission on this point strike 
 the ordinary mind as overstrained and exaggerated in the 
 highest and most absurd fashion. They have attempted to 
 •define the standard or typical agent. " We think that such 
 a typical agent should be one who in addition to a sound, 
 preliminary, general, and scientific education has received a 
 special theoretical training in agriculture and land surveying, 
 and in the sciences (such as mathematics, chemistry, &c.), 
 upon the practice of which these arts depends, as well as 
 practical experience in an estate office and on a farm. To 
 put the matter in another way, we think a young man intend- 
 ing to become a land-agent should, in addition to acquiring 
 the average degree of culture and knowledge of a University 
 man, attend courses of study at an agricultural college or a 
 ■college giving technical instruction in the practical arts, and 
 then pass some time gaining practical and actual experience 
 in an office or a farm." After admitting that, until quite 
 recently, the opportunities for producing these perfectly 
 trained agents did not exist they say, "Most of those who 
 are now agents in Wales never had the option of going 
 through such a preliminary career." That is quite true ; the 
 •elder agents have every right to adopt the reply of the man 
 ■who, on being accused of having been born in a poorhouse, 
 retorted, " How could 1 be born in a poorhouse where no 
 poorhouse was ? " But they might have added in justice that 
 the mass of the younger generation of considerable agents.
 
 48 THE LAND QUESTION 
 
 such men, for example, as Mr. Knox, agent for the Margam 
 estate, Mr. Cowper Coles, agent to the Duke of Beaufort and 
 Sir Joseph Bailey, Mr. Dudley Drummond, Mr. Mouseley ther 
 younger, Major Wynne, and many more besides, have used 
 every opportunity provided by modern zeal for specialised 
 training. For our part, we venture to say that these gentle- 
 men, good agents as they are, one and all, are fully prepared 
 to admit, are indeed even anxious to protest, that they are by 
 no means anxious to be compared to their own advantage witk 
 agents of the older school who have learned their business 
 from experience. They would tell us also, no doubt, that 
 experience in the transaction of estate business, intercourse 
 with tenant farmers, knowledge of the world and of character 
 in general, and study of the individuals under their charge 
 have been of infinitely more value to them than their special 
 training. 
 
 Next, after speaking of the excellence of some of the 
 agents produced by the "loose and unsatisfactory training,"' 
 the Commissioners go to say, " Taking the man produced by 
 that training as the typical agent, we have no hesitation in 
 saying that the majority of agents, particularly in the more 
 Welsh districts, fall below this high but proper standard."" 
 Which standard ? If the Commissioners mean that these 
 gentlemen were not trained in institutions which did not 
 exist when they were doing their best to train themselves^ 
 the sentence is merely puerile. Yet it is difficult to extract 
 any other meaning from this pompous statement. 
 
 The next passage is so remarkably spiteful that we must 
 quote it in full : 
 
 " Many even of those who have had considerable experience, 
 and who are kind and just in their dealings with tenants fail 
 in point of knowledge. They are unable to advise tenant 
 farmers, or to suggest new, or correct old, methods of 
 farming. So, again, many of them have no real experience
 
 IN SOUTH WALES. 49 
 
 ■vs'liat farming is, do not i:nderstand the tenant's difficulties, 
 and therefore, often reject reasonable demands as unreason- 
 able, and put down as a grumble wliat is a well-founded 
 complaint. It is clear that some owners have, themselves, 
 never rightly appreciated the importance of special training 
 and experience as a qualification of the agent. From motives 
 of kindness, or of friendship, or of economy, they have too 
 often appointed relatives, retired officers, and poorer country 
 gentlemen, who may have been competent to discharge the 
 office and easier business, but who had little knowledge of 
 actual farming, and who often shared the prejudices and 
 possessed the views of the landlord class, unalloyed by the 
 sobering influence of the responsibility and anxiety of owner- 
 ship of a landed estate. We are not saying a siugle word 
 against the appointment of a properly trained person simply 
 because he is a relation of the owners, or has served her 
 Majesty in the army. For instance, not a word is suggested 
 against men like Mr. 0. S. Wynne, Mr. Dudley Drummond, 
 or Major Birch." 
 
 Be it remembered that we have gone through the evidence 
 which the Commissioners have selected to justify their obser- 
 vations. We may assume, and in truth it is the fact, that 
 they selected the cream of that evidence. We have found it 
 to consist of wildly general allegations of incompetence, not 
 tested in a single instance, and therefore clearly not to be 
 relied upon. Equally clear is it that the Commissioners have 
 relied upon it and upon nothing else. We say without 
 hesitation that the opinion expressed is groundless and 
 uncharitable. Moreover, we challenge the majority of the 
 Commissioners, and particularly their representative in the 
 House of Commons, to justify the sentence beginning, " From 
 motives of kindness." Their summary of evidence contains 
 but one instance of a relative appointed agent, in the shape 
 of Commander Thomas. It is in evidence that he has enjoyed 
 
 D
 
 60 THE LAND QUESTION 
 
 special training. There is no evidence that he is poor, and 
 there is evidence that the estate which he manages is in 
 apple-pie order. He is, it is true, an ex-Commander of the 
 Navy, and as such, he is one of two retired officers who are 
 mentioned in the summary as agents. The other is Major 
 Wynne, who again has special training. We protest, in- 
 dignantly, and we venture to say with justice, that the 
 majority of the Commissioners have been, to use a favourite 
 word of Mr. Brynmor Jones, " hasty " and without warrant 
 in making this accusation. It has no basis. It is not 
 true. 
 
 And what is the inference to be drawn from the three 
 names at the end, taken in connection with the j^receding 
 sentence, by persons not familiar with ^Velsh society, that is 
 to say, by the persons to whom this Report is addressed ? It 
 is that the three persons named are notable exceptions to the 
 imaginary rule that poor and incompetent relatives and 
 retired officers are appointed as agents. Mr. Drummond is 
 no doubt the brother of Sir James Drummond ; he is also his 
 ao-ent. It would have been iust to add that he is also Lord 
 Cawdor's agent. Major Birch is undoubtedly a retired 
 officer who is a very good agent in North Wales. But he 
 would be the first to protest that in this matter he is not 
 singular. Mr. Owen Slaney Wynne is, no doubt, the agent 
 of Mr. Wynne of Penarth, who is his brother; but he is not 
 at all poor, he was agent for the Wynnstay estates for many 
 years, and he has virtually spent his life in estate manage- 
 ment. The sting of the sentence lies in the innuendo. The 
 men who say nothing against Mr. Wynne, Mr. Drummond, 
 and Major Birch clearly imply that, if they were not so kindly 
 in disposition, if they were not so desperately afraid of 
 hurting the sensibilities of men, they could say a great deal 
 against others. That is not a fair or a generous pro- 
 ceeding. 
 
 It is true that the Commissioners end their summary of
 
 IN SOUTH WALES. 61 
 
 so-called evidence with the words, " For obvious motives we 
 abstain from referring to the body of testimony we received 
 as to the (jualifications, character, and merits of individual 
 agents." As a matter of fact, the sentence is not accurate, fo)' 
 the summary contains references to the qualifications of several 
 agents. But we are at a loss to understand these " obvious 
 motives," for, to our mind, it is infinitely more unmanly to 
 condemn a whole class without citing a single specific example 
 than it would be to search among the volumes of evidence, 
 almost in vain, for cases of injustice or incompetence. 
 
 An examination of the evidence upon which the Com- 
 missioners have condemned agents proves clearly that the 
 condemnation is wholly without justification. It may be 
 added that the standard of excellence declared to be indis- 
 pensable, or " high and proper," is far too lofty. The matter 
 must be looked upon from a common-sense point of view, 
 and, by way of illustration, I will look at the conditions which 
 prevail in my own county of Carnarvon. There the estates of 
 Lord Penrhyn, Mr. Assheton Smith, Colonel Wynne Finch, 
 Mr. Nanney, and Mr. Wynn, and perhaps one or two more, 
 are sufficiently large to render the employment of first-rate 
 agents at handsome salaries possible. The agencies are all 
 occupied, and will, I trust, continue to be held by their 
 present occupants for many years to come. What young man 
 in his senses, having no special claims on any one of these 
 owners, is going to the expense of passing through all the 
 courses indicated by the Commissioners in the hope of obtain- 
 ing any one of these agencies ? It is not, of course, denied 
 that, to a man otherwise well equipped to be an agent, these 
 acquirements may be very useful, but it is certain that other 
 parts of the proper equipment of an agent are of far greater 
 importance. An agent must be just, honourable, sympathetic, 
 careful of the interests of his principal, quick to discern 
 between the true and the false complaint. Moreover, it seems 
 to us, the Commissioners take far too magnificent a view of
 
 52 THE LAND QUESTION 
 
 the obligations of landowners. The legal relation of landlord 
 and tenant is contractual. The tenant takes so much land, 
 with so much capital of the owner's invested in it, on certain 
 terms. In law, if he takes on terms disadvantageous to 
 himself, he must suffer. In practice he does not, since there 
 is abundant evidence at the end of this volume to show that 
 landowners are in a large measure philanthropical institutions. 
 From humanity of feeling, from affection for their tenantry, 
 from pride in their estates, they perform acts of generosity 
 outside the contract, and relieve the tenant from many of his 
 obligations under the contract. But this is done of grace by 
 men who can afford it, not of compulsion. It is the kind of 
 obligation which clearly ought not to be enforced by law. 
 And how does this affect the question of agents ? Surely 
 very closely. It is an excellent thing for the tenant to have 
 the opportunity of consulting an agent who is an expert in 
 agriculture ; it would be still better for the tenant if, say once 
 in a hundred cases, he took the advice given to him. But to 
 contend, as the majority of the Commissioners appear to 
 contend, that a landowner, however small, ought to provide 
 at his own expense an expert adviser for a tenant who ought 
 to know his own business is to carry things too far. Far be it 
 from us to regret the great services to Welsh agriculture 
 which owners of large areas of Welsh land, particularly those 
 enjoying an income from other sources than agricultural 
 land, have been able and willing to render. To them the 
 country is under a deep debt of obligation. But they would 
 certainly be the first to protest that, in so far as they have 
 been able to give more substantial help to their tenantry in 
 bad times than has been possible for their less wealthy 
 neighbours to offer, the difference has been due largely to the 
 fact of their superior wealth. It is a plain fact, unfortunatelj', 
 that no man can, for any length of time, give away money 
 which he does not possess. Similarly the man of small estate 
 cannot afford to employ a qualified and expert agent ; and
 
 IN SOUTH WALES. 63 
 
 the man of large means can employ such an agent. So 
 much, in the majority of cases, the better for the tenant on 
 the large estate ; but it would be the very absurdity of 
 injustice to suggest the statutory enforcement upon small 
 estates of the conditions, due mainly to generosity, which 
 prevail upon great estates.
 
 CHAPTER IV. 
 
 A PRELIMINARY warning may well be uttered at tlie outset of 
 this chapter, which is devoted in part to distinguishing the 
 conditions of tenancy in South Wales and Monmouthshire, as 
 elicited in the evidence given before Lord Carrington's Com- 
 mission, from the conditions presumed by Parliament to exist 
 in Ireland before the series of Land Acts beginning in 1860, 
 added to periodically until 1896, and likely to be added to 
 from year to year, was started. 
 
 Firstly, there is good reason to believe, as indeed Lord 
 Ormathwaite's evidence before Lord Carrington suggested, 
 that the Irish landowners as a body were never quite so bad 
 as they were said to be, and that, if proper stej)S had been 
 taken to place their case before the country, it might have 
 been shown that they, like their colleagues in Wales and in 
 England, had invested very considerable sums in their estates 
 for the mutual benefit of themselves, as they fondly hoped, 
 and of their tenants. Secondly, it must not be taken to be 
 admitted here that, even if the party of agitation had been 
 able to show that the so-called Irish conditions existed in 
 Wales, there would be a sufficient justification for the intro- 
 duction into Wales of the present Irish system, or chaos, or of 
 any part of it. In Ireland itself so much evil has been 
 wrought by successive, confiscatory, and contradictory 
 statutes, that it will probably be necessary to go on tinker- 
 ing away at the so-called Irish system for ever. Landowners 
 will not invest money in buildings and improvements,
 
 THE LAND QUESTION IN SOUTH WALES, 55 
 
 because they know fall well that the law and the Land 
 Courts between them will absolutely forbid them to see any 
 <jf the interest of their money. These gentlemen, among 
 them being one noted for his generosity in South Wales, say 
 plainly that before the legislation they spent money on their 
 estates, but that since the legislation they have spent none. 
 "Why should they, when successive Acts of Parliament have 
 reduced them from affluence to straitened means, and in 
 some cases to absolute poverty ? Similarly the tenant's right 
 of free sale, which had a historical meaning in Ulster, but 
 none outside Ulster, seemed at the outset a great boon to the 
 tenantry. So much was sliced away from what the landlord 
 had to sell or to let on hire, and given to the tenant to sell in 
 the open market if he chose. In hundreds and thousands o£ 
 cases the sitting tenant has sold at auction prices, and the 
 result, which the most ardent supporter of the Irish Land 
 Laws does not attempt to deny, is that hundreds and 
 thousands of the Irish tenantry are holding their land, for all 
 practical purposes, subject to a yearly charge which it is 
 practically impossible for them to pay. This charge is not 
 the judicial rent ; that, indeted, is already reduced almost to 
 vanishing point, but the interest on the money which the in- 
 coming tenant must borrow to pay the outgoing tenant for 
 the statutory right of occupation. 
 
 Ko ; the state of the Irish tenantry, the extravagant prices 
 that have been paid for tenant-right, and the continual calls 
 made upon Parliament for new measures to alleviate the 
 ■evils created by statute, are and must remain for all reason- 
 able persons an absolute argument against all proposals to 
 introduce the Irish system or no-system into Wales or into 
 England. That, if such a system is inti'oduced into Wales, it 
 must also invade England, is quite obvious — but that is by 
 the way. 
 
 It is plain, however, that there are two positions from 
 which this question may be approached, and it is therefore
 
 56 - THE LAND QUESTION 
 
 prudent, witliout adopting our opponents' point of view, of 
 assenting to it, to see how the Welsh case looks from theiir 
 standpoint; to say, in effect, " You look at the matter wrong- 
 headedly, what you wish to enact could never, under any 
 circumstances, be beneficial ; but we will do our best to show 
 you that the facts are, even from your point of view, in- 
 sufficient to justify the course which you would like to» 
 follow." 
 
 Now, what were the facts alleged against the landlords of 
 Ireland ? The main counts of indictment against them were 
 (1) that they were habitual absentees, living in England or 
 in foreign countries, and spending, far away from Ireland, 
 the money which they received from the tenantry ; (2) that 
 they, as a body, spent no money at all in the improvement or 
 maintenance of their estates, and that consequently each 
 increase of rent represented taxation of the tenant in respect 
 of work done and money spent by him ; (3) that by eviction 
 they absolutely confiscated the tenants' improvements. 
 
 We need not pause to inquire into the veracity of these 
 allegations, which is fortunate, since the history of the Irish 
 Land Question is at least as long and as intricate as it is 
 interesting. It suffices that nothing of the kind has been 
 proved, or nearly proved, in the case of South Wales and 
 Monmouthshire, or for that matter in the case of North Wales 
 either. Nay more, the contrary has been established. 
 
 Absenteeism. — The vice of absenteeism simply does not 
 exist. For this we have the word, or rather the multitudinous 
 words, of the Commissioners. " Between complete absentee- 
 ism, of which Irish landlords . . . (here they are condemned 
 root and branch) have, unfortunately, too often, in the past,, 
 afforded disastrous examples, and the practically continuous 
 residence of the Welsh squire, whose means do not permit 
 him the luxury of a London house, there are many degrees of 
 absenteeism." Again, "We have, however, no doubt that 
 complete absenteeism is comparatively rare in Wales, in
 
 IN SOUTH WALES. 57 
 
 regard to estates of sucli a size as to afford sufficient income 
 to maintain a family comfortably. In fact, we are inclined to 
 think that in proportion to their numbers a larger proportion 
 of the Welsh landowners reside all, or nearly all the year on 
 their estate, than is the case in any corresponding area in 
 England." This seems a little unkind to the English land- 
 owners, concerning whom the Welsh members of the Com- 
 mission, with the exceptions of Lord Kenyon and Sir John 
 Llewelyn, are not likely to have possessed any special know- 
 ledge. But it is enough for our purposes to know that 
 Welsh landowners are not condemned of absenteeism. 
 Finally, it is somewhat amusing to note the manner in which 
 the Commissioners arrive at a conclusion in the case of 
 Glamorganshire. It is a county "in regard to which the 
 charge of an undue amount of absenteeism might a iniori 
 be expected to be proved. ... As a whole, the county is, 
 therefore, not one that presents very great attractions to a 
 landowner of sporting tastes, or even simply anxious for the 
 peace of country life after a session of Parliament or a 
 London season. It may, therefore, be taken as a test case 
 without unfairness to those who complain of absenteeism." 
 The simplicity of the last sentence is remarkable. The 
 county best qualified, in the opinion of the Commissioners, to 
 encourage absenteeism, is chosen as a test case " without un- 
 fairness to those who complain of absenteeism." But what 
 about those who assert, as we do, and as the Commissioners 
 are compelled to admit, that absenteeism is practically un- 
 known ? Is the test case fair to them ? Well, it does not 
 much matter ; for on the basis of the Glamorganshire figures 
 the Commissioners come to the conclusion that not more than 
 five per cent, of the owners of a thousand acres and more can 
 be described as absentees. Congratulation is due to the 
 Commissioners also upon the fact that they have recognised 
 the futility of talking of absenteeism in the case of smaller 
 owners. A tenant has been heard to complain that his land-
 
 58 THE LAND QUESTION 
 
 lord was an absentee when the only land owned by the land- 
 lord was the tenant's holding. If that landlord had not been 
 an absentee there could have been no tenant. 
 
 Welsh landowners, therefore, are not absentees. A Com- 
 mission so constituted as to be unfavourable to them in 
 the proportion of two to one has formally acquitted them 
 of a charge which has frequently been brought against 
 them. 
 
 Next comes the very important question whether it is true, 
 as alleged by the party of agitation in the House of Commons 
 and in print, that the agricultural improvements of Wales 
 are, as a rule, to be regarded as the fruit of the labour and 
 the expenditure of the tenants ; or whether the landowners, 
 as a body, can be said to have done their share, and to be, so 
 to speak, partners with the tenantry. 
 
 It is obvious that generalisations on this question are 
 •dangerous, and that to attempt to establish a precise rule 
 must be misleading. The custom of different counties 
 varies, the custom of different estates varies, the custom 
 •of the same estate varies under successive owners. Before 
 arriving at any just conclusion it is necessary in each case to 
 ■consider all the incidents of the bargain between landlord 
 and tenant. 
 
 Here are a few examples. There is an estate in North 
 Wales on which a system of improving leases prevailed par- 
 tially for some time. That is to say, the tenant was allowed 
 to hold the land at a nominal rent for a term of years on 
 •condition that he made certain improvements, and the said 
 improvements, at the end of the term, became the property 
 ■of the landlord. In Anglesey, again, the prevailing, but not 
 the universal, practice is for the landlord to supply the raw 
 material for structural improvements and for the tenant to 
 supply the labour. The same custom, by the way, prevails 
 •on one of the largest estates in Hertfordshire. So, on the 
 Margam estate, the practice (as shown by the evidence of
 
 IN SOUTH WALES. .09 
 
 Mr. Knox, the agent, Q. 259G1) has varied. The habit of 
 the late Mr. Talbot was to cast upon the tenants the duty of 
 " repairs." " They had to do the repairs themselves, and 
 Mr. Talbot's practice was to reduce the rent 10 per cent., so 
 that the tenants should do the repairs." That policy has 
 been reversed by Miss Talbot, under the advice of Mr. Knox, 
 who is of opinion that the old policy was not beneficial to 
 landlord or tenant ; and under Miss Talbot " everything is 
 put into repair, the buildings, fences, gates and everything, 
 and materials are supplied for repairs." Yet another point 
 may be mentioned concerning this estate with a view to 
 show the danger of generalisation. 
 
 " Is it," said the Chairman (259G8), " considered a high- 
 rented or low-rented estate ? " 
 
 " I think, as a rule, my lord, that the Margam estate is 
 considered low-rented. I may say that the County Council 
 two years ago were dissatisfied with the valuation of Margam 
 parish, and they appointed a gentleman to value it, who had 
 been a tenant-farmer. I am sorry to say that he died two 
 or three months ago. The result of his valuation was that 
 out of 107 holdings in Margam parish, 62 are held at rents 
 heloio the gross estimated rental 2^ut hy this gentleman, 29 
 are held at rents equal to the gross estimated rental, and 
 only 16 are above the gross estimated rental." Again, "the 
 rent is the same as when the tenant was under covenant to 
 repair." 
 
 This striking case illustrates forcibly the misleading ten- 
 dency of all generalisation. The estate, like many others, 
 is low-rented. The tenants, under Mr. Talbot, accepted the 
 1 per cent, reduction on a low rental, and did not perform 
 their contracts to repair. Miss Talbot came in, reversed 
 Mr. Talbot's policy, and spent £31,000 in three years, besides 
 giving abatements in bad years. The case is, as we have 
 said, striking, but there are numerous other cases, presenting
 
 60 THE LAND QUESTION 
 
 many variations of practice, which tend to show that to 
 establish a general rule is quite impossible. 
 
 It was considered expedient, during the sittings of the 
 Commission, that landowners and agents in giving evidence 
 should state the expenditure upon buildings and improve- 
 ments by them on the estates with which they were connected, 
 but it is not really to the purpose to quote those figures at 
 length. It is enough to say that the sums shown to have 
 been spent were strikingly large, and that they disposed 
 effectually of the suggestion that the presumption was that 
 the mass of the improvements, the greater part of the 
 difference between prairie value and present value, was due 
 to the exertions and expenditure of tenants. So large were 
 the figures, so well were they supported by reference to 
 estate accounts, that we may safely challenge the most hardy 
 of agrarian agitators to repeat the ancient theory that the 
 tenants were the improvers, or that the landlords have con- 
 fiscated the fruits of their labour. Farther than this we have 
 no desire to go ; indeed, to go farther would be illogical, 
 inconsistent with the principle laid down (that all the 
 incidents of a tenancy must be considered simultaneously), 
 and ignorant. Comparisons such as the Commissioners, and 
 some witnesses, strove to institute are not only odious but 
 also misleading. There is no reason why the tenant should 
 not undertake, or why he should not be compelled to perform, 
 a covenant to repair, if his rent is at such a standard as to 
 make the barii^ain fair. There is no moral difference between 
 the owner who manages his estate on that principle and the 
 owner who prefers to make sure and to do the repairs 
 himself. Manifestly, assuming three estates to be of equal 
 quality, the owner who does all the improvements and repairs 
 is entitled to exact a higher rent per acre than the owner 
 who supplies materials only; and he again is entitled to 
 exact a higher rent than the man who casts the whole duty 
 upon the tenants. Each and all of the bargains is equally
 
 IN SOUTH WALES. 61 
 
 legitimate. It follows that to compare tlie expenditure of 
 the first-named (and most usual) type of landowner with 
 that of the second or the third type is a very ignorant 
 proceeding. 
 
 Still, the unscientific mind is greatly impressed by large 
 figures, and for this reason it was deemed prudent to place 
 before the Commission the expenditure of a number of 
 owners, an expenditure only accompanied in the rarest cases 
 by a charge in the nature of interest. So far as they go 
 these figures tend to establish the presumption that per- 
 manent improvements are the work of landowners, and there 
 is virtually no definite testimony in the other direction. 
 True it is, of course, that rents have risen generally and very 
 largely during the last two or three centuries ; true it is also 
 that individual witnesses have complained of rents raised in 
 the days of their fathers and of their grandfathers solely on 
 the basis of tenants' improvements. Usually these witnesses 
 asserted that " the landlord never spent a penny on repairs 
 or improvements" ; but the plain truth of the matter is that 
 these witnesses were as free from the knowledge which would 
 have justified this statement, as they were from the fear of 
 contradiction by men and women who were long ago in their 
 graves. Moreover, in not a single case were witnesses 
 reminded by the Commissioners that other circumstances, the 
 development of railways for example and the growth of 
 magnificent markets in the populous parts of South Wales, 
 added a value to the land for which the tenants were in no 
 way responsible. This consideration was laid before Mr. 
 Thomas Ellis, INI.P., at Bala, and Mr. Ellis in the opinion of 
 the majority of the Commissioners, pulverised his interrogator. 
 Let the passage in the Report speak for itself. 
 
 " Mr. J. E. Vincent, in a question which he put through us 
 to Mr. T. E. Ellis, asked whether the latter would admit, in 
 tracing some rents from dates at the end of the last century, 
 that the value of land had increased since those dates by
 
 62 THE LAND QUESTION 
 
 reason of improved communication, a view to whicli Mr. Ellis 
 replied, ' Certainly, though under what law all the enhanced 
 value arising from improvement in the communication should 
 go to the rent-receiver, and not to the rent-producer, passes 
 my understanding.' " Fortunately the alleged limits of the 
 understanding of Mr. Ellis are not the beginning and end of 
 the whole matter ; and, as a matter of law and fact, the 
 reasoning which inspired the question is not at all difficult to 
 follow. 
 
 Once, in theory, the landowner was tenant in fee and the 
 Crown was the owner. Advancing civilisation soon put a 
 practical end to that theory, and now, for all practical 
 purposes, the tenant in fee is the true owner. Certainly no 
 law exists by which the Crown or the State can get rid of 
 him, unless he fails to pay his debts. Then his landed estate 
 may be sold, in which case another owner or owners will 
 step into his position. But essentially and, to a great extent 
 in practice, he is a permanent institution. The land is his, 
 and his legal right is to let it out on hire to whomsoever he 
 pleases, or to keep it in his own hands if he is so disposed. 
 On the other hand the tenant is theoreticallv, and to a larsfe 
 extent in practice, a temporary institution. All the laws 
 enacted in his interest regard him in that light ; and although, 
 in a very large number of interesting cases, succession in 
 tenancy has been shown to be almost hereditary in families, 
 that succession in families has been accorded of grace, not 
 out of compulsion. 
 
 So much Mr. Ellis was presumed to know. It might 
 perhaps have been hoped that he would perceive that the 
 question was asked of him. 
 
 1. By way of discounting the suggestion that rents had 
 been raised upon tenants' improvements. 
 
 2. That if the improved communications of the end of this 
 century rendered the lot of the farmer to-day more tolerable 
 than the lot of the farmer at the end of the last century, it
 
 IN SOUTH WALES. 65 
 
 was no particular liardsUip that ho should pay more for th& 
 hire of the land than his predecessor of a century ago. 
 
 But it is plain that the majority of the Commissioners have 
 not been able to bring themselves to say that the presumption 
 in Wales is, as it is by law and is wrongly supposed to be in 
 fact across the Irish Channel, that the improvements are the 
 work of the tenants. The Report does not make this admis- 
 sion in the kindliest or most generous manner, but the 
 admission is plainly present. '"The individual landowners 
 who have come before us have, it is plain, not been actuated 
 by the sole desire of getting as much profit, or, to express it 
 in a concrete term, as much money as they could out of their 
 estates ; they have in making expenditure upon them, in 
 erecting new buildings or repairing old ones, been actuated by 
 several motives. They have felt that ' property had its duties 
 as well as its rights ' ; they have experienced S07ne feelinrj of 
 compunction at the wretched lives their tenants led in insani- 
 tary and inadequate houses ; they have found a natural satis- 
 faction in beautifying their estates, or at any rate in making- 
 the buildings compact and modern, in improving their property 
 and giving to it a trim, neat, and ' model ' appearance. Most 
 of them have become possessed of the estate on the death of 
 a relation (generally near) and found the estate a going con- 
 cern, ^vith the management of ivhich they founel it difficult to 
 interfere tvithout raising complications which wonld add to the 
 troubles of life, and so have Uindly and apathetically acquiesced 
 in a method v:hich has hecome traditional. Fciu, if any^ have 
 sat down and examined the situation ab initio, or exhaustively 
 considered the first principles on 'which they should carry on 
 the business of landowning. They have been the obedient fol- 
 lowers of the family solicitor and the family agent. They have 
 without independent investigation upon their stepping into the 
 places of their ^predecessors, allowed things to take their course. 
 The improvement of the estate, meaning by that the erection 
 of new buildings of better plan and the repair of old build-
 
 64 THE LAND QUESTION 
 
 ings, fences, roads, &c. (and in many cases, drainage) has been 
 Leld gut as a desirable object" (page 265). 
 
 The majority of the Commissioners, it is clear, have found 
 themselves entirely unable to deny the plain fact that Welsh 
 landowners are greatly devoted to the improvement of their 
 estates. The evidence was too much for them ; tut, as the 
 passages in italics (which are ours) show plainly, they did not 
 hesitate to qualify their reluctant acquittal of the landowners 
 by ascribing to them motives of which there was no evidence 
 whatsoever. Now it happens that in South Wales very few 
 landowners appeared before the Commission at all, and this 
 for two reasons. Firstly, it was felt that agents would be moi'e 
 familiar with the facts and figures with which the Commission 
 was presumably desirous of making acquaintance ; secondly, 
 the methods of cross-examination followed by the Commission 
 were not such as to encourage those who ventured to differ 
 from the Commission. Certainly the present writer advised 
 on several occasions that the agent would be the better wit- 
 ness and, to be plain, would stand bullying better. But those 
 who did come forward to give positive evidence, as distinct 
 from mere rebuttal of false or one-sided accusations, certainly 
 cannot be put down as blind or apathetic followers of any 
 solicitor or agent. The writer quotes from memory only. In 
 Glamorganshire, so far as his memory serves him, only one 
 considerable landowner gave evidence ; in Breconshire, two, 
 Mr. J. A. Doyle, of Pendarren, and Sir Joseph E. Bailey; in 
 Monmouthshire none at all, for in truth Monmouthshire took 
 no interest in the Commission ; in Pembrokeshire, none ; in 
 Carmarthenshire, none ; in Cardiganshire, none, unless Mr. 
 Vaughan Davies, M.P., counts. Certainly all who did come 
 forward were men who had given deep thought to the subject 
 and the last men in the world to be led by the nose by any agent 
 or by any solicitor. Lest it be said on behalf of the Commis- 
 sion that the reference in this ungenerous passage is to North 
 Wales, it may be as well to state that the principal landowners
 
 IN SOUTH WALES. 65 
 
 who gave evidence there were Lord Penrhyn, who dealt with 
 a special subject having no connection with estate manage- 
 ment and is not a weak or pliable man ; Lord Stanley of 
 Alderley, who gave the Commission to understand plainly and 
 in detail, that he had very definite ideas of estate manage- 
 ment ; Mr. Ellis Nanney, who has devoted almost all his life 
 to the management of his estate ; Mr. William Wynne, of 
 Peniarth, who showed himself closely familiar with estate 
 management ; Mr. R. Lloyd Pi'ice, of Rhiwlas, who certainly 
 proved that he knew his business ; and Mr. Edward Davies, 
 of Llandinan, who by his masterly evidence caused confusion 
 among the majority of the Commissioners, one of whom was 
 his own tenant. In fact, looking back at the evidence given 
 by landowners, it is impossible to say anything less severe 
 than that the whole of this statement which is italicised is 
 absolutely without warrant or foundation in the evidence 
 given by landowners before the Commission or in their 
 demeanour when giving it. 
 
 A curious passage follows : " Such, then, is the consistent 
 and logical interpretation of the economic position of the 
 landowner following the modern system of estate manasfe- 
 ment as disclosed in the evidence. It may safely be asserted 
 that this system is followed in theory by nearly all the estate 
 owners in Wales." If this passage means anything — and 
 there is always a doubt whether the draughtsman of the 
 Report had any definite idea in his mind when he stumbled 
 on the fatal word " economic " — it means that the landowners 
 of Wales carry on a business, for the most part without 
 realising it ; that in carrying on that business they are not 
 actuated by purely commercial motives ; that they do improve 
 their estates for other reasons ; and that they do it because 
 they are blind and apathetic and completely in the hands of 
 their men of business. There is a good deal of nonsense in 
 the passage, of course, but it is immaterial to our purpose, 
 for the question for the moment is not why landlords spend 
 
 E
 
 66 THE LAND QUESTION 
 
 money on their estates, but whether they do spend it ; and 
 the Commissioners go on to confess this in so many words : 
 " Of course, some expend a much larger proportion of the 
 revenues in improving the estate than others ; the ratio of the 
 capital so put into the business to the total capitalised value 
 of the estate in the market [of which the Commissioners had 
 no evidence at all, and which no one of them could pretend 
 to be competent to judge] is very different in different cases. 
 But practically every owner has clone something, has spent some 
 portion of his annual revenue, in impiroving his estate." 
 
 So at last, from the reluctant lips of an openly hostile 
 tribunal, is forced the admission that the main argument 
 used to justify the establishment of Land Courts in Ireland 
 cannot be used with any truth in the case of Wales. 
 
 But the Commissioners are driven harder than this. They^ 
 bestir themselves to attack the statement of Colonel Hughes, 
 the Wynnstay agent, that "the rent is only a moderate 
 interest upon the amount of the owner's money that has been 
 expended on the land and its maintenance." The Wynnstay 
 estate is almost, but not entirely, situate in North Wales, but 
 no other estate is so fully treated, and an examination of 
 the conclusions reached by the Commissioners will serve ta 
 show alike their method of going to work and the large 
 extent of the confession of landlords' expenditure which they 
 have found themselves compelled to make. Colonel Hughes 
 was able to show that out of a gross rental of £1,425,454 
 collected in thirty-two years, no less than £295,233 had been 
 expended in purely agricultural repairs. To escape cavilling 
 criticism, it may be well to add that these all came under the 
 headings "Fencing, Gates, Wood," "Building and Repairs," 
 and "Draining." The Commissioners frankly recognise that 
 further deductions from the gross rental might fairly be 
 made, and ought to be made, in respect of expenses of 
 management, which, in the case of an estate of more than 
 137,000 acres, spread over five counties, and in parts wild
 
 IN SOUTH WALES. 67 
 
 and inaccessible, cannot fail to be very large. They notice 
 also that temporary abatements of rent are not taken into 
 consideration, and that no deduction has been made in respect 
 of taxes or premiums for insurance. The present gross rental 
 (1893) was stated at £43,548. 
 
 Now the Commission, after a philosophical discourse on the 
 nature of interest, which was unnecessary, since all the world 
 knows that interest is what men have to pay for the use of 
 other men's money, work out the capitalised value of the 
 buildings on the Wynnstay estate at £400,000 or £500,000. 
 It does not concern us that this estimate is ridiculously small 
 and that the grounds on which it is based are of the vaguest 
 description. It is enough that they adjudge that the owner 
 pf the Wynnstay estate gets, at the most, 6 or 5 per cent, 
 for his monej-. This they apparently think is too much ; and 
 they institute comparisons with consols and the dividends 
 upon railway stock of the gilt-edged quality, and declare that 
 a man can wish for no safer investment than that of his own 
 money upon his own land. But they forget many things. 
 First, that the owner has, on their own admission, to put 
 aside at least 20 per cent, of his dividend to the maintenance 
 of the security ; secondly, that the expenses of management 
 and collection are necessarily great ; thirdlj^, that they them- 
 selves, by proposing to establish a Land Court, suggest that, 
 the value of the security, and its safety at the reduced value,, 
 ought to be greatly reduced. 
 
 Colonel Hughes, in short, has established his point, which 
 is, that the landlord's profits or interest are but a moderate 
 interest upon his investment. In practice 2 to 2^ per cent, 
 at the most, minus abatements, represent the average interest 
 obtained on investments in the purchase of agricultural land 
 in South Wales and Monmouthshire. For the case of the 
 Wynnstay estate is by no means singular. Mr. Talbot spent 
 his money, that is to say, remitted his 10 per cent, and lost it ; 
 Miss Talbot has spent an enormous sum, and will have to
 
 68 THE LAND QUESTION IN SOUTH WALES. 
 
 spend much more. To continue other cases quoted by the 
 Commissioners, Lord Dunraven has spent £58,000 on a rental 
 of £10,000 in twenty-one years, or 27J per cent, of the gross 
 rental. Mr. Lort Phillips has spent 16'6 per cent, of his 
 income in the same way; Lord Llangattock 10 to 15 per 
 cent.; the Caerleon Charity 36 per cent; Lord Dynevor 18 
 per cent. ; Mr. Picton Evans (one of the despised solicitors), 
 on various Cardiganshire estates, 28, 7, and *1^ per cent, j 
 Mr. J. C. Harford 33 per cent. ; Lord Lisburne 20 percent. ; 
 Lord Ormathwaite 25 per cent. These are the cases which 
 the Commission deem it worth while to mention in South 
 Wales and Monmouthshire. Others might be added, but it 
 would not be to our purpose, which is not to prove, since the 
 Commission have done that already, but to point out that, in 
 a futile attack on the impregnable argument of Colonel 
 Hughes, the Commission have succeeded in shattering the 
 main plank of the platform upon which the proposal for a 
 Land Court rests. It is the plain fact, admitted by them 
 directly and indirectly, that the great mass of the permanent 
 -improvements, the buildings, the walls, the fences, the drains, 
 are the fruit of the landlord's money, and are not to be 
 . credited to the tenant when a balance is struck between the 
 parties. And that is all we desire to establish.
 
 CHAPTEH V. 
 
 The next and most serious accusation made against land- 
 owners is that they take advantage of an alleged Celtic 
 passion for land, commonly called land-hunger, for the 
 purpose of exacting from the tenantry rents higher than the 
 condition of agriculture justifies. 
 
 First, let us speak of the so-called land-hunger. It is not 
 to be denied that no farms in Wales, North or South, are 
 derelict, as unhappily farms in purely arable parts of England 
 are. Nor is there any doubt that when farms become vacant, 
 particularly when they are of small area, so that an industrious 
 man can enter upon them with the hope of succeeding, even 
 though his capital be small, the number of applicants is large. 
 Also the rents and capacities of all farms being perfectly 
 well known in the neighbourhood in which they are situate, 
 the number of applicants is usually greatest where the condi- 
 tions of the farm offer the best hope of success. Land- 
 hunger, if it exists, goes hand in hand with that keen eye for 
 the main chance for which Welshmen have a well-merited 
 reputation. 
 
 Numerous applications for vacant farms, however, are not 
 necessarily evidence of the existence of land-hunger, which 
 may be defined as so passionate a desire to occupy land that, 
 under its influence, men will forget all considerations of 
 prudence, and offer for the occupation of a farm more than is 
 reasonable. Until the contrary is distinctly proved the 
 obvious interpretation of the action of the farming class is to
 
 70 THE LAND QUESTION 
 
 be preferred. When twenty men apply for a farm the obvious 
 explanation of their action is that each and all of them think 
 they can make a livelihood and a profit by earning it. Some 
 of them may offer a higher rent than their neigbours. But 
 they do it with perfect safety. They know perfectly well — - 
 this statement is made with full knowledge and deliberation 
 — that there is not a single considerable estate in the whole 
 of South Wales and Monmouthshire upon which the offers 
 made by candidates for tenancy have the slightest influence 
 in fixing the rent to be paid, and that both agents and land- 
 lords are consistently animated by the desire to select as 
 tenants those men who, by virtue of their intelligence, their 
 industry, and their capital, are best calculated to do justice to 
 the land and to themselves. Further, Welsh tenants have 
 been described by competent authorities as the best rent- 
 payers in the country. 
 
 So obvious is the inference to be drawn from each of these 
 facts, that when the outcry against rents first made itself heard, 
 the persons against whom the cry was raised replied, " There 
 are plenty of applicants for farms, and the tenants pay their 
 rents regularly." The inference left to be drawn was that 
 the bargain between landlord and tenant was fair, and that 
 the tenants had money. But the agitation-monger is as 
 averse to the obvious, which is usually the true, interpretation 
 of plain facts, as the sensational novelist is to the orderly 
 sequence of events ; so he suggested, as the explanation of 
 facts which could not be denied, that the applicants for 
 vacancies were proof positive of an overwhelming passion for 
 land, peculiar to the Celtic nature, and for the last ten years 
 or more he has been asserting that it was the regular practice 
 for tenants to pay their rents with borrowed money. Now, 
 this last assertion is, to be perfectly plain, arrant nonsense. 
 Land-hunger there may or may not be, but it is commercially 
 impossible that men should continue to pay their rents for 
 ten years in succession with borrowed money. Of course a
 
 IN SOUTH WALES. 71 
 
 tenant may arrange with a banker for a temporary loan, to 
 be repaid out of the proceeds of his sales of store stock at a 
 forthcoming fair, or out of the price of his oats or barley. 
 That is a mere matter of convenience ; but to assert, as these 
 men do, if they mean anything, that tenants are building up, 
 from year to year, an increasing edifice of debt upon their 
 own shoulders, simply for the purpose of paying their rents, 
 is to assert that wliich is impossible and incredible. That 
 argument, in fact, cannot be honoured by any serious atten- 
 tion. Of attachment to land, of desire to acquire the tenancy 
 of land, there is no doubt a great deal in Wales. The feeling 
 of land-hunger undoubtedly exists, but it is for the most 
 part harmless, because it has never had the opportunity of 
 indulging itself. If, for example, Welsh landowners, or any 
 considerable number of them, were so ill-advised as to offer 
 the tenancy of vacant farms at auction, it is probable that 
 for a short period land-hunger would enjoy that full meal 
 which would most certainlv cure it in the lono- run. That is 
 to say, a number of men would offer silly and excessive rents ; 
 they would be ruined in the long run ; their neighbours 
 would learn a lesson from perceiving the results of their 
 folly, and the farms would be ruined also. But land-hunger 
 has never had half a chance of debauching itself in this way, 
 and it is impossible to say how far it is a sentimental appetite 
 for things unattainable, or whether its sharpness would not 
 ■disappear so soon as the seductive but costly meal was set 
 before it. The writer, having a very high opinion of the 
 commercial genius of his fellow countrymen, is disposed to 
 think that before a full meal land-hunger would disajjpear. 
 Certainly the fault of Welshmen, of Cardiganshire men for 
 example, has never seemed to him to consist of excessive 
 offers for attainable things. 
 
 The next caution to be given to the student of this question, 
 as distinguished from the mere partisan, is to beware of being 
 misled by the red herring of statistics which has been drawn
 
 72 THE LAND QUESTION 
 
 across the track by both Mr. Thomas Ellis and Mr. Gladstone, 
 Both these gentlemen are of opinion that the Income Tax 
 returns, concerning which there has been tedious argument, 
 sup^Dly sufficient material from which to trace the rise and 
 fall of rents in England and Wales respectively for the lasi 
 hundred years. The majority of the Commission are of th& 
 same opinion. The writer is of the contrary opinion. His 
 views on the statistical question are of no value ; nor need 
 any importance be attached to those of the majority of the 
 Commission. They have thought fit to criticise his evidence 
 on the subject at some length, by which he is honoured, nor 
 does he resent the slightly supercilious tone of their criticism. 
 It may be worth while, however, to add that the whole of 
 that evidence was submitted to, and corrected by, an ex- 
 Secretary of Inland Revenue, who for something like thirty 
 years had drafted the reports of the Inland Revenue Com- 
 missioners, 
 
 But this is the proper place at which to state that this 
 evidence was offered most reluctantly, in the full belief, stilt 
 unshaken, that it was accurate, but in the certain conviction 
 that it was irrelevant. The case was one in which the writer 
 was convinced that it was a mistake to descend to the 
 adversary's level and to meet him on false ground of his own 
 choosing. Over-persuaded by the strong representations of 
 earnest landowuers, the writer gave his evidence, or to speak 
 more accurately, placed his argument before the Commission,, 
 but he was careful to warn his audience more than once that 
 the whole argument was absolutely immaterial. In other 
 words, if we possessed the rental of Wales and the rental of 
 England for the past hundred years to a penny ; if it were 
 shown that the rental of Wales had risen far more rapidly 
 than that of England, and had fallen far more slowly, the 
 result would be simply sundry figures leading to no political 
 or economical conclusion. 
 
 Mark, firstly, that there would be no guarantee that the
 
 IN SOUTH WALES. 7& 
 
 rentals of either country rose from a similar standard, and 
 every reason to believe that they did not, since Wales was, at 
 the beginning of the century, sparsely populated, remote from 
 markets, and very inaccessible. Again, it was suggested to 
 the Commissioners that at the beginning of the century in 
 Wales, as in England, a system of the leases for lives pre- 
 vailed, such leases being granted either for political purposes 
 or in consideration of a premium or fine. Clearly, where 
 either of these circumstances existed, official figures could 
 give no intimation of what the true market rental of land 
 was. But the Commissioners, relying upon the absence 
 of allusion to fines and premiums by " historical writers,"' 
 and " on the chronic impecuniosity and want of capital from 
 which, we know, the Welsh farmers have suffered, more or 
 less, throughout the century," came to the conclusion that- 
 from the middle of the last century to the middle of this 
 "the payment of fines by occupying tenants in consideration 
 of leases had been entirely confined to a few estates [prob- 
 ably only two] in Glamorganshire, to Church property let on 
 lease to the occupying tenant directly [which was rarely th& 
 case], and possibly to a few other very exceptional cases, but 
 that, during the last fifty years or more, the practice of levy- 
 ing such fines may be said to have ceased to exist." 
 
 It must be confessed that the suggestion that fines must 
 be taken into consideration having been made to the Com- 
 mission late in the day, it had not seemed necessary to the 
 writer to lay before the Commission direct evidence of a- 
 common practice which was really a matter of common 
 knowledge. The idea that the old leases were not given for 
 some consideration, political or pecuniary, had not seemed 
 likely to be entertained by any body of reasoning men. Of 
 course, as every practising lawyer in the country districts 
 knows, the practice of raising the wind in this way was at 
 one time neither uncommon nor inconvenient ; and the Com- 
 missioners might have guessed as much, even if they did
 
 74 THE LAND QUESTION 
 
 not know it, from the answer given by Lord Dunraven's 
 agent to the question why, in former times, almost the whole 
 of the Dunraven estate had been let on leases for lives at a 
 nominal rental. The agent did not in this specific case 
 know the history of the transaction ; he merely referred to 
 the common knowledge of men concerning a very usual 
 practice. " It was by way of mortgage, I presume, money 
 borrowed and a lease granted for lives at a nominal rent." 
 Figures showing large premiums and nominal rents were put 
 in incidentally in the case of the Rheola estate. They might 
 have been put in a great number of other cases ; for that 
 matter the writer could have quoted some within his per- 
 sonal experience, but it really seemed hardly necessary to 
 illustrate or to prove the existence of so absolutely familiar 
 a practice. 
 
 But these are matters of mere arithmetic, having no real 
 significance. The question, and the only question, is whether 
 the conditions of the contract between landlord and tenant 
 in Wales and Monmouthshire are tolerable or intolerable. 
 Of those conditions rent is one and not necessarily the most 
 important, and rent means very different things in different 
 cases. One must consider the whole contract ; one must 
 look whether the tenant or the landlord undertakes the duty 
 of repairing ; whether the landlord or the tenant has spent 
 money in new buildings and improvements, and so forth. 
 And even then it is difficult to arrive at any conclusion of 
 a significant character. 
 
 We would, however, direct attention to a series of facts 
 which entitle the landowners of South Wales and Monmouth- 
 shire to great credit for generosity. No doubt, as will be 
 shown later, there are many reasons why the rent of farms 
 should have risen during the present century and particularly 
 during the latter part of it. No landowner is to be blamed 
 simply because it is found that his rents have risen. But in 
 the Appendix will be found a series of valuable tables relating
 
 IN SOUTH WALES. 75 
 
 to the different counties of South Wales and to Monmouth- 
 shire, which are replete with significant information. They 
 show, under the hand of every landowner or agent from whom 
 a reply could be obtained, under five columns (1) the land- 
 owner's name ; (2) the name and acreage of his estate ; (3) 
 abatements granted by him ; (4) reductions granted by him ; 
 (5) his observations as to the history of the rental of his 
 estate. Of the returns made, every single one, no matter 
 what its quality might be from the point of view of counsel for 
 landowners, was inserted, and we venture to say, without fear 
 of contradiction, that they amount to a magnificent record of 
 consideration shown for tenants in difiiculty and of resistance 
 to temptation to raise rents at times when rents might, quite 
 justifiably and properly, have been raised. 
 
 We are not, however, concerned to deny that rents have 
 increased, and increased largely, in South Wales during the 
 century, and for very good reason. Nor can that reason be 
 given better than in extracts made from the evidence and 
 language used by the Commissioners. After dilating on the 
 opening of the mineral valleys of the Taff and the Rhondda 
 and the Vale of Neath, on the great development of railway 
 communications in Monmouthshire, Brecon, and Radnor, they 
 go on to say : " We have seen that in at least a few of the 
 counties the increase in rents was contemporaneous with or 
 subsequent to the construction of railways and the provision 
 of improved means of communication." Precisely, that is a 
 part, and a strong part, of the case for Welsh landowners. 
 Then they go on to quote some observations of Mr. Morgan 
 Richardson and Mr. Harford and to add some observations of 
 their own. 
 
 Mr. J. 0. Harford, of Falcondale, said, with reference to 
 Cardiganshire, that " rents had, of course, been raised in the 
 last fifty years, as fifty years ago that part of the world had 
 no railways, very few roads, and the county itself was swampy 
 and undrained." ,
 
 76 THE LAND QUESTION 
 
 " The principle which these statements contain was not^ 
 however, contradicted by any of our witnesses, and it is 
 unnecessary to labour it any further. We shall have occasion 
 later to quote the statement made by Sir Joseph Bailey and 
 another witness, with reference to the effect of railway 
 development on rents in the hundred of Builth in Mid-Wales. 
 At this stage, however, we shall limit ourselves to one further 
 quotation, namely, from the evidence given us by Mr. Morgan 
 Eichardson of Cardigan. ' A great deal has been said,' he 
 remarked, ' as regards the rise in the value of land in this 
 country as compared with the rise in the value of land in 
 England, and I am prepared to admit that there has been 
 a rise during the last 100 years, and a considerable rise, but 
 I think that the rise is to be explained by particular causes. 
 One cause in this country is that our land is principally 
 grazing land, and the produce of grazing land has risen 
 during the last 100 years, the produce of corn lands having 
 fallen ; that a great deal of land is now cultivated which 100 
 years ago was not in cultivation at all ; that roads have been 
 made into the country and through every part of the country^ 
 and have developed land which was practically unenclosed 
 100 years ago ; and a very important factor has been the 
 making of railways in this country. The land 80 or 100 
 years back was far away from the best markets, so that land 
 near the big towns in England had a very much greater 
 advantage over land in this country than it has in the present 
 day, the railway practically bringing us within a short distance 
 of the best markets. And arising from this is the fact that 
 the produce in this country, the grazing land produce, has 
 very materially risen.' 
 
 " We may now briefly indicate the periods within which 
 the chief railways were introduced into counties not already 
 mentioned. The South Wales (now the Great Western) 
 Eailway reached Carmarthen in September 1852 and Haver- 
 fordwest in December 1853, while a branch line from Llanelly
 
 IN SOUTH WALES. 77 
 
 to Llandilo was opened in January 1857 and was shortly 
 afterwards carried on to Llandovery. The greater portion of 
 the counties of Carmarthen and Pembroke were thus opened 
 up in the decade ending in 1862, during which time the 
 assessed land rental increased 7*7 and 16'1 per cent, respec- 
 tively. In the former county the main line of railway travels 
 largely along the seaboard, but in Pembrokeshire it goes 
 through the heart of the agricultural area, a fact which may 
 account for the high percentage of the increase within it. 
 Further branch railways were constructed in both counties in 
 the following decade, namely, the Pembroke and Tenby line, 
 ■opened in 1863, in Pembrokeshire, and two lines from Car- 
 marthen to Pencader and to Llandilo respectively, which 
 were severally opened in 1864 and 1865, the latter running 
 through the fertile land of the Vale of Towy. In this decade 
 a further increase of about 9 per cent, occurred in the rents 
 of both the counties in question. In this decade also, the 
 first great rise in the Cardiganshire assessments is to be 
 noticed (amounting to 17*6 per cent.), a result which must 
 have been largely due to improved communication : the rail- 
 way from Carmarthen to Pencader (which is on the border of 
 Cardiganshire) has been already mentioned as opened in 1864, 
 and the so-called Manchester and Milf ord line, which extends 
 nearly the whole length of Cardiganshire, from Pencader to 
 Aberystwyth, was made and opened very shortly afterwards, 
 and about the same time also the Cambrian line was carried 
 on from Montgomeryshire to Aberystwyth, completing prac- 
 tically all the railway mileage which Cardiganshire possessed 
 until quite recently. 
 
 " As to the county of INIontgomery, the first railway opened 
 within it was that between Newtown and Llanidloes in 
 August 1859, and its connection, both with Oswestry on the 
 one side and with Machynlleth on the other, was completed in 
 1862. The decade from 1852-3 to 1862-3 shows an increase 
 of 16 "4 per cent, in the assessments on land in this country."
 
 78 THE LAND QUESTION 
 
 Here the Commissioners are on right ground, but they fail 
 to elaborate the case sufficiently. It would surely have been 
 right to remind the public of the growth not only of railways 
 but of population, to speak of the colossal growth of the popu- 
 lation of Cardiff, and the grand market offered by it to all the 
 produce of the country. Swansea, Neath, Llanelly, Aberdare, 
 Pontypridd, Newport, and a score of places besides are con- 
 tinually growing. Fresh markets are offered every day, and 
 there is every sign that yet more new markets will be opened 
 continually for many years to come. 
 
 Finally the Commissioners arrive at the discovery, not in 
 the least amazing to others, that the rise and fall of rents in 
 the eastern counties of Wales approximates to the rise and 
 fall in the western counties of England, whereas in the 
 western counties of Wales the rise is rather greater and the 
 fall rather less. This is precisely what was to be expected. 
 Western Wales, producing goods which have suffered less in 
 the market than the produce of the rich corn lands, has but 
 recently been opened to the world. It was remote, inacces- 
 sible, isolated. Are the Commissioners to be heard to say, as 
 Mr. Gladstone suggested that Welsh landowners were less 
 generous than their brethren of England, that the landowners 
 of the western districts of Wales are Larder of heart than 
 those of the eastern ? Of saying, or even hinting that, we 
 hesitate to suspect them. No ; the rise of rent is the result 
 of the operation of economic forces, which rich landowners 
 may temper and delay ; the fall of rent is due to causes over 
 which neither landlord, nor tenant, nor Parliament itself, can 
 exercise the slightest control. 
 
 The alleged " approximation " between the eastern counties 
 of Wales and the western counties of England is particularly 
 gratifying to us. As Mr. Knox, Major Birch, and other 
 experts have testified that the Welsh tenant is certainly 
 under no disadvantage as compared with his English brother 
 when his farm is valued for purposes of rental, so the Com-
 
 IN SOUTH WALES. 79 
 
 missioners have ascertained that where England and Wales 
 border upon one another, where conditions of farming are 
 approximately the same, rents also approximate in their 
 fluctuation. It follows, as of necessity, that the Welsh land- 
 owner is of like flesh and blood with his fellow landowner in 
 England, actuated by like principles, moved by like motives, 
 a partner in the same humanity. Now, the Welsh landowner 
 asks for no better treatment than is to be accorded to the 
 English ; and never has asked for any special favour. His 
 case, therefore, is virtually won, his protest against special 
 legislation for Wales undeniably succeeds by virtue of the 
 facts collected and the figures analysed by the Com- 
 missioners.
 
 CHAPTER VI. 
 
 Enough has been written and demonstrated to convince all 
 save the most prejudiced minds that the circumstances which 
 were, in our judgment, unwisely held to justify the establish- 
 ment of judicial rents in Ireland, simply do not exist in South 
 Wales or in Monmouthshire, and it is deemed unnecessary 
 to repeat here, from another volume which has for some time 
 been at the disposal of members of both Houses, the economical 
 and other arguments which condemn the establishment of any 
 such system. The result of them may, however, be summa- 
 rised thus : A system of judicial rents is essentially reactionary, 
 since it is founded upon the entirely exploded principle which 
 underlay the Statute of Labourers and, as Irish experience 
 shows, the attempt to establish such a system results in evils 
 at least as great as those which judicial rents were invented 
 to remedy. But, since the evils themselves do not exist in 
 Wales, it has been deemed prudent to demonstrate that fact 
 by way of shutting the door finally against the Land Courts 
 which the majority of the Commission propose to establish, 
 in which proposal they are sujDported by the Welsh Radical 
 members of Parliament. 
 
 We now approach the consideration of two subjects very 
 closely connected with one another at bottom, albeit the 
 •connection may not, at first sight, appear manifest. They 
 are Fixity of Tenure and Compensation for Improvements 
 made by the tenant ; and the position to be adopted gener- 
 ally upon these two questions is that, assuming suflScient
 
 THE LAND QUESTION IN SOUTH WALES. 81 
 
 provision to be made for compensation for improvements, no 
 substantial reason can be found for conferring fixity of 
 tenure upon the sitting tenant, while many reasons may be 
 urged against endowing him with this kind of property. 
 This may, at the first blush, seem a hard saying ; but it will 
 appear in another light when it is explained ; and it may be 
 permissible to state that it comes from a man who under- 
 stands and shares the Celtic habit of '• clinffintr to the old 
 home." Only, it must be understood sentiment and sympathy 
 have their own particular domain and law has its separate 
 province. Law can compel a man, landlord or tenant, to be 
 just in his dealings; but it may be predicted with safety 
 that, if once law attempts to adopt a sentimental attitude, or 
 to compel men to show substantial sympathy on other than 
 commercial grounds, the results will certainly be absurd and 
 dangerous. 
 
 It is plain from the mass of the evidence in the whole of 
 the Principality and in Monmouthshire that never was the 
 claim for fixity of tenure, standing alone, made with less 
 justification than in Wales. 
 
 Succession in tenancy is practically hereditary. The rule 
 was well stated hy Colonel Hughes, the Wynnstay agent. 
 "The custom of continuous family succession in tenancy has 
 always been a predominant feature on this estate ; in fact, on 
 the Welsh portion it is and has been the invariable rule 
 to accept a member of the deceased tenant's family as his 
 successor." This practice, as Colonel Hughes goes on to say, 
 is followed even in the case of widows. What say the Com- 
 mission ? " The same practice of hereditary succession 
 prevails on most other large estates throughout Wales, the 
 most notable examples being found, perhaps, on the properties 
 of the Earl of Powis, Lord Penhryn, and Mr. Assheton Smith, 
 though similar examples are not lacking, as we shall presently 
 see, in South Wales. There is certainly a rauch larger numhcr 
 of tenants who ean hoast of an uninterrupted fctmihj connection 
 
 F
 
 82 THE LAND QUESTION 
 
 vnth the same lioldings extending over several centwies than 
 there is of estate owners or of occupying frcelidlders luhose 
 families have succeeded each other in the ownership of their 
 respective properties for an equal period r 
 
 Evidence similar to that of North Wales was o-iven in less 
 detail, and never challenged, in regard to the estates of Lord 
 Cawdor, Sir James Hills Johnes, V.C., Colonel Turberville 
 (who deposed to the practice in the Vale of Glamorgan, as 
 did two Pembrokeshire farmers to that of Pembrokeshii^e), 
 Lord Lisburne, Mr, J. C. Harford (Lampeter), Captain Jones 
 Parry (Newcastle Emlyn). Sir Joseph Bailey and Mr. 
 Williams Vaughan deposed to the practice in the county of 
 Brecon. Plundreds of other cases might have been quoted. 
 But after a time it became clear that there was no use in 
 labouring a point which was admitted, or in adducing multi- 
 tudinous instances to prove a custom having its origin in 
 friendly feeling and not in law, the prevalence of which was 
 common ground. 
 
 The evidence as to changes of tenancy bears on this point, 
 and the Commission writes strangely on the matter. "Un- 
 fortunately," begins the draughtsman, "we have no means of 
 ascertaining whether changes of tenancy are, on the whole, 
 now more frequent than they were at the commencement of 
 the century." But all the evidence laid before the Commission 
 tended to show that changes were rare, and they summarised 
 it, referring to the evidence of Lord Cawdor's agent (" In the 
 thirty years of my management we have had an average of 
 one change a year ") and to that of Mr. Davies, of Froodvale, 
 who is agent for many estates. Then they take an accusation 
 of numerous charges made in relation to the Lawrenny estate, 
 of which Mr. Stokes, the agent, was able to dispose by 
 showing that in all cases save one, since 1875, the initiative 
 had come from the tenants. Then they commit themselves 
 to the opinion that " in many parts of the country, especially 
 on the smaller and more scattered estates, changes of tenancy
 
 IN SOUTH WALES. 83 
 
 are greatly on the increase." This very general statement, 
 however, is supported almost exclusively by general state- 
 ments on the part of witnesses, and, on a matter of this kind, 
 general statements carry little or no weight. Nor is the mere 
 mention of specific farms on wliich there have been many 
 changes significant. Changes may be made at the wish of 
 tenants ; for excellent reasons by landowners ; each case must 
 be examined thoroughly before it can be decided whether, if 
 the landlord compelled the tenant to remove, his reasons were 
 adequate, or, if the tenant left by his own wish, it was because 
 the conditions of his tenure were insupportable. It may be 
 said with justice that the Commission had neither time nor 
 opportunity to investigate thoroughly each instance alleged ; 
 and if any accusation were made against the Commission on 
 this head, this excuse, saving for the days wasted on 
 immaterialities, would be good. But the question is not 
 whether the Commission acted properly, but whether certain 
 classes of evidence upon which the Commission aj)pears to 
 rely are entitled to carry weight. Unsifted evidence cannot 
 be improved in quality by the fact that it could not be sifted. 
 An unwinnowed mixture of grain and chaff remains un- 
 winnowed, whatever reason there may have been for not 
 winnowing it. 
 
 Looking through the whole of the evidence, it is clear that 
 the Commission, holding that "it is onl}^ natural to assume 
 that, in common with all classes, the agricultural population 
 were more stationary prior to the great industrial develop- 
 ment which has been so marked a characteristic of the last 
 hundred years," have not been able to establish any remark- 
 able increase in changes of tenancy. In other words, tenancy 
 is reasonably secure in Wales. 
 
 But it may be said — indeed, it was frequently urged by 
 tenants and others before the Commission — that, althousrh 
 changes are not frequent, and although in practice tenancy is 
 reasonably secure in Wales, tenants hesitate to make perma-
 
 S4 THE LAND QUESTION 
 
 nent improvements because, apart from tlie compensation 
 secured to tliem by the Agricultural Holdings Act of 1883, 
 the improvements once made, they are at the mercy of their 
 landlords. If the law were otherwise, they say, many 
 improvements would be made and the productive powers of 
 the land would be much increased. There is perhaps some 
 room for doubt as to the accuracy of this view. There is 
 hardly a large estate upon which it is not the custom for the 
 landlord to provide, at his own cost, every reasonable im- 
 provement which is likely to pay, without charging any 
 additional rent. The tenant, it is true, has to do the 
 haulage, but that is all. The prudent tenant will probably 
 always prefer to avail himself of this custom as long as it 
 endures. 
 
 But there is something to be said for the tenant's point of 
 view. It can but rarely happen that a landlord, succeeding 
 to a dilapidated estate, can afford to put the whole of it in 
 order at once. It must often happen that the tenant is better 
 equipped with capital, in proportion to his requirements, 
 than the landlord. It is clearly right that he should be in a 
 position to improve securely, that is to say, in the certainty 
 that the law will not permit him to be deprived of the 
 improved value of his holding, either by eviction or by 
 rent raised upon his improvement. Rare as such cases may 
 be, it is not to be denied that there are embarrassed land- 
 owners, in Wales as in England, and that hardships may 
 occur, and sometimes do occur, under the present law. It is 
 not pretended that Welsh landowners, or any others, are 
 archangels. They have made out, undoubtedly, a stroug case 
 for themselves ; they have given, as a body, a good account of 
 their stewardship. But the body of landlords, as of tenants, 
 contains individuals of every degree of intelligence, high and 
 low ; of every variety of character, good and bad. It is no 
 more right that the improving tenant should be at the mercy 
 of his landlord in some measure, or should be deterred from
 
 IN SOUTH WALES. &> 
 
 improving by the feeling of insecurity, than that the landlord 
 should be, as the majority of the Commission seem to wish, 
 at the mercy of the tenant. 
 
 But, it is submitted with some confidence, if some other 
 efficient remedy for a state of things which ought not to exist 
 can be suggested, then statutory fixity of tenure is the very 
 last remedy to be applied ; and the reasons are not far to 
 seek. Firstly, statutory fixity of tenure involves, as of absolute 
 necessity, sundry other institutions by way of corollary. 
 Take, for example, the Land Bill of Mr. Bryn Roberts, M.P., 
 which provides that a tenant shall not be compulsorily ejected 
 save for certain specified causes, amongst them being failure 
 to pay his rent. It follows that, as an aid to statutory fixity 
 of tenure, the settlement of rent by some external authority 
 must be provided for. To illustrate this the writer may be 
 permitted to recount a case within his own professional 
 experience. He was asked to advise a large hotelkeeper in 
 London desirous of getting rid of a guest who, having taken 
 one of the cheapest rooms in the hotel, took neither meat nor 
 drink therein and was unprofitable. It seemed to him 
 doubtful (that doubt was dispelled after an expensive law- 
 suit quite recently) whether the innkeeper had a legal right 
 simply to turn the guest out. He therefore advised that the 
 charge for room No. 126 should be revised, should, in fact, be 
 doubled from day to day. So without any lawsuit at all the 
 p-uest quitted. That is what an unwelcome tenant might have 
 to do if there were fixity of tenure without a Land Court. 
 Therefore if you establish fixity of tenure, you must establish 
 a Land Court also ; and the objections to a Land Court are 
 well known. 
 
 But the worst objection to statutory fixity of tenure is that 
 it is an unnecessary invasion of the landlord's rights, tending 
 to diminish the value of his property and of all landed 
 property, including that of the smallest freeholder, and at 
 the same time to produce a state of things on occasion which
 
 86 THE LAND QUESTION 
 
 is distinctly not to be encouraged, and emphatically not to 
 the public interest. Let us take a case from North Wales 
 for example as recorded in the evidence. There a tenant 
 declared that he had been turned out of his farm for political 
 reasons ; his agent, on the contrary, averred that the true 
 reason was persistent poaching on the part of the tenant, and 
 in this case, as a conviction of the tenant for poaching was 
 proved, one may be permitted not only to believe the agent, 
 but to say that no reasoning being can disbelieve him. Now it 
 is not necessary to express an opinion on the question whether 
 poaching is a sufficient excuse for getting rid of a tenant, 
 but it is certain that there are many good reasons conceivable 
 for getting rid of a tenant which are not likely to be scheduled 
 in any Act of Parliament, and which, many of them, would be 
 remarkably difficult to prove in a Court of Law. A man may be 
 sulky and insolent whenever he meets his landlord, he may 
 make his farm an eyesore, he may do many unpleasant things 
 which make him undesirable as a neighbour. The natural 
 sequel is a state of permanent hostility between landlord and 
 tenant, which is not good for either of them or for the land. 
 
 As matters stand, evictions of any kind are admittedly 
 very rare, but the fact that a landlord can, as a last resource, 
 rid himself of a disagreeable neighbour if he is so disposed, 
 undoubtedly lends part of its value to landed estate, which, 
 regarded as a mere pecuniary investment, is the worst in the 
 world. No wise man will give as much for land planted with 
 tenants whom he cannot remove as he will for land subject 
 only to the conditions which now prevail. If, therefore, there 
 is no necessity for so impairing the value of land, it seems a 
 pity to introduce statutory fixity of tenure. 
 
 Now, to take a common- sense view of the matter, what are 
 the real rights, moral, not merely legal, of the tenant ? 
 Leaving sentiment, usually a very expensive luxury, on one 
 side, they are that he shall not be turned out of his holding- 
 without receiving full compensation for improvements. Full
 
 IN SOUTH WALES. 87 
 
 compensation for improvements is the root of the whole 
 matter. It was admitted by several intelligent witnesses, 
 who came forward to support proposals for agrarian legislation 
 of the most revolutionary character, that full compensation 
 for improvements would remove every grievance. Now, 
 full compensation, even generous compensation, is, in the 
 writer's experience (which in this matter may, without 
 immodesty, be called unique) an idea which is welcomed 
 with open arms by almost every landowner and agent in 
 Wales. In other words, no man desires to confiscate the 
 fruits of his tenant's labour and expense, and at the same 
 time, no man, except here and there a politician with 
 electioneering ends to serve, will consent without a struggle 
 to be deprived of his freedom in dealing with his property. 
 
 And here we come to a curious phenomenon, which is well 
 worthy of the attention of members of Parliament. The 
 Agricultural Holdings Act of 1893 is, as everybody knows, 
 an absolute and peremptory statute. No man, landlord or 
 tenant, can contract himself out of it effectually ; it is 
 supposed to govern them, will they or no. Yet, over the 
 greater part of the county of Glamorgan, which, besides 
 containing half the population of Wales and the best 
 markets, is remarkably well farmed, this Act is confessedly 
 a dead letter. Nobody attempts to contract out of it ; for 
 the plain fact is that nobody takes the slightest notice of it. 
 This is simply because, in the opinion of landlords and 
 tenants alike, the customs of East and West Glamorganshire 
 respectively are infinitely more suitable to the requirements 
 of the country, and far more adequate in every way than the 
 Airricultural Holdinfjs Act of 1883. These customs, the 
 growth of which does great credit to both parties to the 
 contract of tenancy, are, very properly, treated at some 
 length in the Report. They have reached their present 
 state by many successive steps, some of them, no doubt, 
 accompanied by some tribulation ; it is not even suggested
 
 88 THE LAND QUESTION 
 
 here that they are perfect. But it is a noteworthy fact that, 
 when Parliament produced the Act of 1883 as a kind of 
 Farmers' Charter, the agricultural interest in Glamorganshire 
 were so far advanced on the way to fair dealing between 
 landlord and tenant that they were able with one accord to 
 cast the Farmers' Charter on one side. 
 
 Meanwhile, over the rest of Wales, and over the whole of 
 England also, the Agricultural Holdings Act of 1883 is the 
 governing law. True it is that it was asserted that landlords 
 sometimes purported to contract themselves out of it, but in 
 the vast majority of cases, when specific instances were quoted, 
 the charge broke down hopelessly. Either it was found that 
 the Act avoided was that of 1875, which was avoidable, or 
 that the witness had misconstrued the alleged contract. 
 Sometimes, too, the document produced was an undated and 
 alleged copy, an absurd thing to produce under any circum- 
 stances. True it is also that, on a great many large estates, a 
 better and more generous scale of compensation was, as the 
 Act permits, very properly substituted for the statutory 
 scale. But there are large estates and small, and, as there 
 has been occasion to observe before, it is unreasonable to 
 demand that small properties shall be managed by experts of 
 the same class as the agents of large estates. 
 
 What is the main purpose of this statute ? It is to regu- 
 late the relations between landlord and tenant when the time 
 comes for their parting company, and that time may come at 
 the option of either party. The tenant may give notice of his 
 intention to quit. When he quits, the Act purports to regu- 
 late the payments, if any, to be made to the tenant, the 
 manner in which the amount to be paid shall be assessed, and 
 so forth. It is submitted that the landowner is in all cases 
 well within his rights, moral as well as legal, in standing by 
 the letter of the Act. For the Act says in effect, " You are 
 neither of you to be trusted to make your own bargains. The 
 law shall settle the matter for you.'' In the face of that it
 
 IN SOUTH WALES. 83 
 
 cannot reasonably be said that the landowner is under any- 
 moral obligation to depart from the statute. 
 
 As a matter of fact, the statute is, by universal admission, 
 grossly defective and unfair to tenant and landowner both in 
 England and Wales. Its machinery is cumbrous and expen- 
 sive, it abounds in technicalities and pitfalls for the unwary, 
 its scales of compensation are unelastic and frequently in- 
 applicable, it is grossly unjust to the landowner in at least 
 one important respect, and it has never done much good to 
 any class of men save those of the profession to which the 
 writer has the honour to belong. But every evil in it which 
 is felt in Wales is felt more keenly in England, where changes 
 are, unfortunately, far more numerous, and it is understood — 
 the matter indeed was mentioned in the Queen's Speech — that 
 her Majesty's Government have every intention of introducing 
 a comprehensive measure dealing with the grievances not 
 only of the tenant, but also of the landowner, not merely of 
 the Principality, but of England also. In relation to that 
 Bill Mr. Walter Long will undoubtedly have the cordial 
 support of all Welsh landowners.
 
 CHAPTER VII. 
 
 In this chapter three points remain to be dealt with. It will 
 be remembered that Mr. Morgan Richardson, than whom 
 none has a better right to speak, gave some powerful and 
 touching evidence at Cardigan concerning the condition of 
 the mortgaged freeholders, and described the hardships, the 
 misery, and the utter hopelessness of their struggle for life. 
 Mr. Morgan Richardson, be it observed, is a member of the 
 Executive Committee of this Association, and the sympathetic 
 tone of his evidence may go some way to convince our 
 accusers that this society, falsely described in the Report as a 
 political organisation, is not wanting in sympathy for the 
 distress, varying in different districts and at different times,. 
 under which the Welsh peasantry undoubtedly suffer. So 
 deeply were the Commission impressed by the earnestness 
 and the thoughtfulness of Mr. Morgan Richardson's statement 
 that, at their request, he attended before them again and 
 entered into his scheme in greater detail. 
 
 That scheme may be summarised in a very few lines. The 
 freeholders of Cardiganshire are on the brink of ruin, 
 especially those who have purchased within the last twenty 
 or thirty years ; in fact, unless relief comes, they are ruined. 
 But the State might advance the money necessary to pay off* 
 the mortgages with safety, for the market price of the land is 
 high, the security is good, and the freeholders might certainly 
 be relied upon to pay such a yearly sum as would give the
 
 THE LAND QUESTION IN SOUTH WALES. 91 
 
 State fair interest on its money and make a yearly instalment 
 of the principal. 
 
 It was plain from the outset that all depended upon the 
 security. If the security was, as Mr. ]\lorgan Richardsou 
 said, safe and good, the State might wisely advance the 
 money, and so save the freeholders. There is probably not a. 
 man or woman in Wales who would not hail with delight the 
 salvation of a class which has produced quite an extraordinary 
 number of the most prominent personages in Wales. But 
 this is a hard and businesslike world. If circumstances 
 arose to impair the value of the security it was plain that 
 the State could not, in fairness to other citizens, advance 
 the money, and that the freeholders must perish, as now they 
 certainly will. 
 
 Now, Mr. Morgan Eichardson expressed his decided 
 opinion that the establishment of a system of judicial rents- 
 Avould so impair the market value of land that, assuming that 
 system to be established, the security would become in- 
 sufficient. 
 
 As is well known. Parliament, early in the present'session, 
 was asked to sanction the advance of money to freeholders- 
 thus cruelly embarrassed, but Parliament refused its assent. 
 Why ? Surely for the plainest of reasons. The Report of 
 the Commission had been issued, it had painted the condition 
 of Wales in lurid colours, it had described a terror-stricken 
 peasantry, and the majority had recommended the establish- 
 ment of a Land Court. As the land agitation and the 
 proceedings of the Commission had caused sundry mortgagees- 
 of Welsh land to call in their money, and others who had 
 money to lend to refuse Welsh land as a security, so this- 
 wild recommendation of a Land Court destroyed the last 
 lingering hope of the Welsh peasant-freeholders. For that 
 recommendation they have to thank Earl Carrington, Mr. 
 Brynmor Jones, Q.C., M.P., Mr. Richard Jones, Mr. Griffiths, 
 Mr. Grove and Principal Rhys.
 
 92 THE LAND QUESTION 
 
 For the rest the writer desires to make a personal explana- 
 tion. He had the honour of conducting the case for land- 
 owners, or of taking part in its conduct (so far as the methods 
 of the Commission permitted) in Wales and Monmouthshire. 
 Very early in the proceedings, at Carnarvon in the first 
 place, an endeavour was made to introduce a question of title. 
 The witness in the box was Colonel the Honourable W. E. 
 Sackville West; the question asked affected the title of 
 Lord Penrhyn's property. The writer had deemed it prudent 
 to advise Colonel AA'est, and others also, to decline to 
 ^.nswer any questions going to title, and his advice was 
 followed. The same principle was pursued throughout the 
 proceedings ; and would be pursued again, in the event of 
 the recurrence of any similar proceedings. It has been 
 suggested since that Lord Penrhyn was afraid of showing his 
 title, but that is sheer nonsense. This question of title was 
 .■sprung on Colonel West without a moment's notice ; it was 
 impossible that he should answer it, for he had not the necessary 
 knowledge. Every lawyer will perceive and know that the 
 examination of a title is a tedious, delicate, and expensive 
 business, not to be undertaken save for some verv substantial 
 reason. Men do not fling their titles in the air for every daw 
 to peck at, and the writer gave his advice deliberately, in the 
 belief that if the Crown had intended to promote an investi- 
 gation of titles, a Commission of very different constitution 
 and powers would have been appointed, and the intention 
 would have been very plainly stated. Neither owner, nor 
 agent, nor lawyer, carries the title of a historic estate in his 
 pocket to show to any passer-by. In fact, the contention of 
 the Commission was irrational. The case of Colonel AVest is 
 used for illustration, as showing the thoughtless and hap- 
 hazard way in which Commissioners asked questions which, 
 whatever may have been the object with which they were 
 asked, distinctly went to the question of title. 
 
 A more audacious and irrelevant effort was made in South
 
 IN SOUTH WALES. 93 
 
 Wales, where a long attack was made upon the Duke of 
 Beaufort in relation to the rights in the foreshore at Swansea. 
 This, to be entertained by an agricultural Commission, was a 
 marvellous topic, but it was one into which the writer did not 
 feel disposed to enter. Firstly, it was deliriously irrelevant ; 
 secondly, a long and expensive suit involving the whole ques- 
 tion of title had been decided in the Duke's favour by the 
 Court of Exchequer some fifty years ago, and the opinion of 
 that court seemed preferable to that of the Commission. 
 Thirdly, the main argument of the worthy witnesses from the 
 Sw-ansea Corporation seemed to be that it would be much 
 more convenient to Swansea if they were empowered to take 
 the Duke's property without payment. That proposition, since 
 it was self-evident, it seemed hardly necessary to controvert. 
 
 Then the Commission complain of the Board of Trade on 
 the following ground. It appears that prior to 1888 the 
 Crown and the Marquis of Bute were at issue as to the 
 ownership of a portion of the foreshore at Cardiff. " The 
 local advisers of the Board (we understand the advisers at 
 Cardiff) thought the Marquis of Bute had a strong case, but 
 nothing was laid before us to show how far they were in a 
 position to give sound advice upon so difficult a matter of 
 law and fact." So say the Commissioners. The Board of 
 Trade yielded the claim made by Lord Bute in consideration 
 of £6055. Of this the Commissioners complain, on the ground 
 of public policy, and observe "No one on behalf of the 
 Marquis of Bute explained his title." The writer is of opinion 
 that he ought to have been disbarred for sheer lunacy if he 
 had permitted any explanation to be made when one title, at 
 any rate, was absolutely proved, and the matter was entirely 
 outside the competence of the Commission. 
 
 For the rest, apart from the question of squatters, which is 
 really too trivial to enter upon, all the principal points raised 
 by the Commission have been treated. They complain, from 
 time to time, of sales of Crown lands ; those sales are irre-
 
 94 THE LAND QUESTION IN SOUTH WALES. 
 
 vocable, and if some bargains have turned out well, others 
 have turned out badly. They complain of enclosures of waste 
 land made under Act of Parliament ; it is waste of ink and 
 lamentation. Their business was to inquire into the condi- 
 tions of agricultural life in Wales ; their excursions by the 
 way do not concern us. It is enough to have shown, almost 
 out of their mouths, that the cases of Wales and England are 
 identical in character, and that in degree Wales is the more 
 fortunate ; and finally that there is no substance in the cry 
 for special legislation for Wales.
 
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 1887, 10 p.c. Half-year end- 
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 Half-year ending August, 
 1892, 10 p.c. Half-year end- 
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 London &^ Edinburgh 

 
 UNIVERSITY OF CALIFORNIA LIBRARY 
 Los Aqgeles 
 
 This book is DUE on the last date stamped below. 
 
 Form L9 — 15m-10,'48(B1039)444
 
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 599 The land q^-es- 
 
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 •Y»iles 
 
 APR 8 1952 
 
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 599 
 V.'14V7 
 
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