CHAPTER VI.

The Labour-rate Act passed without opposition: entitled, An Act to

Facilitate the Employment of the Labouring Poor--Its

provisions--Government _Minute_ explaining them--Heads of

Minute--Rate of wages--Dissatisfaction with it--Commissary-General

Hewetson's letter--Exorbitant prices--Opinion expressed on this head

by an American Captain--The Government will not order food as Sir B.

Peel did--Partial and unjust taxation--Opposition to the Labour-rate

Act--Reproductive employment called for--Lord Devon's

opinion--Former works not to be completed under the Act--Minute of

31st of August--Modified by Mr. Labouchere's letter of 5th of

September--People taxed who paid a rent of £4 a year--In many cases

a hardship--Barren works the great blot of the Labour-rate

Act--Arguments against the Act--Resources of the country should have

been developed--Panic among landowners--Rev. Mr. Moore's

letters--Level roads a good thing--Food better--A cry of excessive

population raised--Ireland not overpeopled--Employ the people on

tilling the soil--Sir R. Routh takes the same view--Belief Committee

of Kells and Fore--Reproductive employment--Plan suggested--Address

to the Lord Lieutenant--True remedy--O'Connell on the Famine--Writes

from Darrynane on the subject--Money in the hands of Board of

Works--Compulsory reclamation of waste lands--Drainage Bill--Mr.

Kennedy's opinion--Who is to blame?--The Government, the landlords,

or the people?--O'Connell for united action--Outdoor relief will

confiscate property--Proposed Central Committee--Several Committees

meet in Dublin--Mr. Monsell's letter--His views--Against

unproductive labour--Money wasted--Appeal to the Government--Cork

deputation to the Prime Minister--His views--He _now_ sees great

difficulties in reclaiming waste lands--Platitudes--Change of

views--Requisition for meeting in Dublin--Unexpected publication of

the "Labouchere Letter" authorizing reproductive works--Verdict of

the Government against itself.

The 9th and 10th of Victoria, cap. 107, the Act framed by the Government

to provide against the Famine, sure to result in Ireland from the Potato

Blight of 1846, was passed through Parliament without opposition. It was

entitled, An Act to Facilitate the Employment of the Labouring Poor for

a limited period in distressed districts in Ireland; but it became

commonly known as the Labour-rate Act. The principal provisions of that

measure were:

1. On representation being made to the Lord Lieutenant of the existence

of distress in any district, he was empowered to assemble an

extraordinary presentment sessions for that district.

2. Such sessions were authorized to present for public works.

3. A schedule of the works presented for, was to be signed by the

Chairman of the Sessions, and forwarded to the Lord Lieutenant for his

sanction; it should also receive the approval of the Treasury.

4. On its being approved, the Treasury was to make advances for such

works to the Board of Public Works in Ireland, and authorize them to be

executed.

5. County surveyors were to assist in the execution of those public

works.

6. The advances from the Treasury were to be repaid in half-yearly

instalments; such instalments not to be less than four, or more than

twenty; the tax by which they were to be repaid to be levied under grand

jury presentments, according to the Poor Law valuation, and in the

manner of the poor rate; the occupier paying the whole, but deducting

from his landlord one-half the poundage rate of the rent to which he was

liable--in short, as under the Poor Law, the occupier was to pay

one-half, and the landlord the other. Thus, by this law, the whole

expense of supplying food to the people during the remainder of the year

1846, and the entire year of 1847, was made a local charge, the Treasury

lending the money at five per cent, per annum, which money was to be

repaid at furthest in ten years. The repayments required by the previous

act, under which operations ceased on the 15th of August, had to be made

on the principle of the grand jury cess, which laid the whole burthen

upon the occupier. The Labour-rate Act got rid of that evident hardship,

and charged the landlord with half the rate for tenements or holdings

over £4 a-year, and with the _whole rate_ for holdings under that annual

rent.

The Lords of the Treasury published, on the 31st of August, a _Minute_

explaining how the provisions of this law were to be carried out, which

Minute was published to the Irish people in a letter from the Chief

Secretary for Ireland.

1. This _Minute_ directs the Board of Works to be prepared with plans

and estimates of those works in each district where _relief is as likely

to be required_, on which the people might be employed with the greatest

public advantage; an officer from the Board to be present at the

presentment sessions, in order to give such explanations as might be

called for. 2. It being apprehended by the Government that the public

works would be calculated to withdraw from the husbandry of the country

a portion of the labour necessary for the cultivation of the soil, the

three following rules were laid down in the Minute, which, "in their

lordships' opinion, ought to be strictly observed":--"No person should

be employed on any relief works who could obtain employment on other

public works, or in farming, or other private operations, in the

neighbourhood. The wages given to persons employed on relief works

should, in every case, be at least, twopence a day less than the average

rate of wages in the district.[122] And the persons employed on the

relief works should, to the utmost possible extent, he paid in

proportion to the work actually done by them." 3. Under the former Act,

the members of Relief Committees had authority to issue tickets, which

entitled persons to obtain employment on the Public Works; a system

which, it was found, led to abuses, numbers having obtained employment

on such tickets who did not require relief. The Treasury _Minute_,

therefore, confines the powers of Relief Committees to the _preparation

of lists_ of persons in need of relief by employment on the works,

noting them in the order in which they are considered to be entitled to

priority, either on account of their large families, or from any other

cause; these lists to be supplied to the officers in charge of the

works, who are to revise them from time to time. 4. With regard to

donations from Government, in aid of private subscriptions, "their

lordships consider that they may be made as heretofore, where necessary,

from public funds placed at the disposal of the Lord Lieutenant for that

purpose, and in the proportion of from one-third to one-half of the

amount of the private subscriptions, according to the extent of the

destitution, and the means of the subscribers; but in consequence of

such assistance, their lordships are of opinion, that the proceedings of

such Relief Committees should be open to the inspection of Government

officers, appointed for the purpose." 5. The Relief Committees are to

exercise great care in the sale of meal or other food provided by them;

such sale not to be made except in small quantities, and to persons who

are known to have no other means of procuring food. 6. As to the

Government depôts of food, their lordships "desire that it may be fully

understood that even at those places at which Government depôts will be

established for the sale of food, _the depots will not be opened while

food can be obtained by the people from private dealers, at reasonable

prices_; and that even when the depôts are opened, _the meal will, if

possible, be sold at such prices as will allow of the private trader

selling at the same price, with a reasonable profit_."[123] The rule to

allow private dealers to sell at a reasonable profit, excellent in

itself, required an amount of supervision which it did not receive, and

in consequence, the starving poor were often obliged to pay unjustly

exorbitant prices for their food supplies. Commissary-General Hewetson,

writing from Limerick on 30th December, 1846, says: "Last quotations

from Cork: Indian corn, £17 5s. per ton, ex ship; Limerick: corn not in

the market; Indian meal, £18 10s. to £19 per ton. Demand excessive.

Looking to the quotations in the United States markets, these are really

famine prices, the corn (direct consignment from the States) not

standing the consignee more than £9 or £10 per ton. The commander of an

American ship, the 'Isabella,' lately with a direct consignment from New

York to a house in this city, makes no scruple, in his trips in the

public steamers up and down the river, to speak of the enormous profits

the English and Irish houses are making by their dealings with the

States. One house in Cork alone, it is affirmed, will clear £40,000 by

corn speculation; and the leading firm here will, I should say, go near

to £80,000, as they are now weekly turning out from 700 to 900 tons of

different sorts of meal.... I sometimes am inclined to think houses give

large prices for cargoes imported for a market, to keep them up; it is

an uncharitable thought, but really there is so much cupidity abroad,

and the wretched people suffering so intensely from the high prices of

food, augmented by every party through whose hands it passes before it

reaches them, it is quite disheartening to look upon."[124]

The Government further determined not to send any orders for supplies

of food to foreign countries, as was done by Sir Robert Peel, in the

case of the cargo of India meal; and their depôts would be only

established in those western and north-western districts, where, owing

to the previous almost universal cultivation of the potato (or rather

owing perhaps to its universal use), no trade in corn for local

consumption existed.

The system of relief thus provided was extensive and expansive enough,

as it laid the entire soil of Ireland under contribution. Whether or not

the country would, in the long run, be able to pay for it all, the

Government acted well in making the landlords understand and feel their

responsibilities in such a terrible crisis. But they should not have

stopped there. Those who had mortgages on Irish estates, and their name

was legion, should have been compelled to contribute their due

proportion; the commercial and monied interests of the country should

have been taxed, as well as the land; no one able to bear any portion of

the burthen should have been exempted from it, at such a moment of

national calamity. Instead of taxing one species of property, namely

land, to meet the Famine, the _whole_ property of the country should

have been taxed for that purpose; and this partiality was justly

complained of by the landed interests.

But a much more formidable opposition than that of the landed interest,

as such, rose up against the Labour-rate Act, and for a very sufficient

reason. The employment to be provided under it could not, and was not

intended to be reproductive; the public works which it sanctioned being,

as Secretary Labouchere said, in his letter, only undertaken with a view

of relieving the temporary distress occasioned by the failure of the

potato crop. On this account, the dissatisfaction with the measure was

very general from every section of politicians; not that it was thought,

except perhaps by some few, that the Government were unwilling to

provide against the great Famine which all felt was already holding the

Irish nation in its deadly grasp, but because it was felt and believed,

that the mode chosen for that purpose was the very worst possible. Under

the Labour-rate Act, not so much as one rood of ground could be

reclaimed or improved. The whole bone and sinew of the nation, its best

and truest capital, must be devoted to the cutting down of hills and the

filling up of hollows, often on most unfrequented by-ways, where such

work could not be possibly required; and in making roads, which, as the

Prime Minister himself afterwards acknowledged, "were not wanted," but

which Colonel Douglas, a Government Inspector, more accurately described

"as works which would answer no other purpose than that of obstructing

the public conveyances." This radical defect of the Act was well and

happily put by Lord Devon, when he said it authorized "unproductive work

to be executed by borrowed money."

The Act was criticised for other reasons too. It made no provision for

the completion of the works taken in hand to relieve the people in 1846;

and those works must be finished by the 15th of August of that year, or

not at all, a full fortnight before the Labour-rate Act had become the

law of the land. Of course many of them were unfinished at that date.

Clearly, this was wrong; for on the supposition that they were works of

at least some utility, and not mere child's-play to afford an excuse to

the Government for giving the people the price of food, they should have

been completed. They consisted chiefly in the making or altering or

improving of roads--and everybody knows that unfinished road-work is

worse than useless,--it is a positive injury. Parts of innumerable roads

in Ireland were impassable for years after those works had closed; and

many a poor man, whose horse and dray got locked in the adhesive mud of

a cut-down but unshingled hill, vented his anger against the Board of

Works in the most indignant terms.

The sudden closing of the works of 1846, some even regarded as a breach

of faith with the public. The _Minute_ of the 31st of August, no doubt,

left a course open for their completion, when it ruled, "that if the

parties interested desired that works so discontinued should afterwards

be recommenced and completed, it was open to them to take the usual

steps to provide for that object, either by obtaining loans, secured by

Grand Jury presentments, or by other means." But this suggestion (for it

was no more) did not free the Government from the charge of a breach of

faith, for they called upon the country to complete works begun by

themselves, and to do so under new and very different conditions.

Besides, it was pretty evident that Grand Juries would not present for

the completion of works commenced by the Government, on its own

responsibility. That the Government felt there was some ground for the

charge brought against them, of a breach of faith with regard to those

works, is evident from a letter from Mr. Trevelyan to Lieutenant-Colonel

Jones in the beginning of October. In that letter he says, the works

under the Labour-rate Act must, as far as the Act is concerned, come to

an end on the 15th of August, 1847; and he adds, that "if Parliament

should determine that the Irish proprietors shall support their poor

after the 15th of August, 1847, by payments out of the current produce

of the Poor-rate, instead of by loan from Government, the transfer from

one system to the other may take place _without our being liable_ to any

demands like those which have been lately made upon us _to finish what

we had begun_, on pain of being considered guilty of a breach of faith."

This, says Mr. Trevelyan, is the full mind of the Chancellor of the

Exchequer.[125]

The Minute of the 31st of August was modified somewhat by a letter from

Mr. Labouchere, dated September 5th. In that letter the Secretary says

it is his Excellency's pleasure that all works stopped on the 15th

August should be proceeded with as far as the sums which may have been

so sanctioned for them respectively would admit. Should the balance not

be sufficient, a presentment under 10 Vict. cap. 107, should be sought

for at the Presentment Sessions, provided the work were a desirable one

to undertake.

Nor did the new arrangement, under which the landlord paid one moiety of

the rate, and the occupier the other, pass without censure. It was, to

be sure, considered an improvement on the rule which compelled the

occupier to pay the whole; still it was urged that great numbers of the

occupiers of small holdings would be as much in need of relief as any

portion of the community, and in no position whatever to pay rates. That

was true enough, but a line must be drawn somewhere, and when they

determined to make the soil responsible, it is hard to see to whom they

were to look for rates, had they exempted the small farmers from them.

The exemption they made, namely, of those whose rent was under £4

a-year, was probably not liberal enough, but there does not seem to have

been any great reason for finding fault with it.

But the great and fatal blot in the Labour-rate Act was, that under its

provisions the people could not be employed on works capable of making a

profitable return. Lord John Russell's Government followed the precedent

set by its predecessors as to the class of works upon which employment

was to be given; but there was this important difference in their

legislation,--the former made no grants under their Labour-rate Act,

while the latter supplied about half the cost of the Public Works from

the Treasury, the remainder being a loan. Against this Act several

arguments were employed, and, for the most part, very cogent ones. 1. It

was said that as the country was taxed for the whole outlay, whatever it

might be, the Government had no right to apply the money to unprofitable

works, thus taking from our capital (already far too small) a vast sum

that could not return to it. 2. Moreover, no matter whence the money

came, it was urged that to employ it on barren works was wrong in

principle, especially in a country like Ireland, with millions of

reclaimable acres, which would, if brought under cultivation, return in

almost every case ten per cent, for capital expended. 3. Again, it was

put forward with reason, that the employment for the past year was meant

to relieve transient distress only; but now the case was very

different--a new, a far more extensive and complete failure of the

potato had occurred. There was now no question of transient distress;

the potato, the principal--almost the only--food of five millions of the

people of Ireland, had not only failed a second time, but, to all

appearance, had failed permanently and finally: such was the

apprehension at the moment. In face of that alarming state of things,

why talk of cutting down hills, or of making useless roads,--provide

rather some substitute for the doomed esculent, and let the labour-power

of the country be, at least in the first instance, employed upon it, to

secure food for the next year. 4. Even if it were desirable to continue

employing the people upon those public works, where were they to be

always found? "In many districts it was impossible last year to find

useful public works. Hills were cut down, and new roads made, which,

under ordinary circumstances, no one would have thought worth the

expense which they entailed on the baronies in which they were situated.

In such districts, where are hills and roads to be found upon which the

people may, this year, be employed?"[126] Was it not passing strange,

that, with such difficulties existing, the Government would neither

apply labour to profitable work, nor even allow the old unfinished works

to be completed?

At the time of the Famine it was an unquestionable fact, and (to the

shame of the Government be it said) it is an unquestionable fact to-day,

that no country with any pretence to civilization required its resources

to be developed more than Ireland; in no country could a government be

more imperatively called upon to foster--nay, to undertake and

effect--improvements, than Ireland. In a country so circumstanced, how

disappointing, then, and heart-sickening must it not have been to good

and thoughtful men, to find the Government passing a bill for the

employment of our people on unproductive labour. Not only did the

Labour-rate Act exclude productive labour from its own operations, but

its direct tendency was to discourage and put a stop to improvement on

the part of others. This is manifest enough. The baronies--that is, the

lands of the baronies--were to be taxed to pay for all the works

undertaken to give employment to the starving people. No one could

foresee where or when that taxation was to end. There could be no more

effectual bar to useful improvements. What landowner could afford the

double outlay of paying unlimited taxation, and at the same time of

making improvements on his property? Then, he had to look forward to

other probable years of famine, and he naturally trembled with dismay at

the prospect, as well he might. So far from making improvements, the

commonest prudence warned him to get together and hold fast whatever

money he could, in order to maintain himself and his family when his

property would be eaten up--confiscated--by taxation expended upon

barren works. Private charity, too, was paralysed; private exertion of

every kind was paralyzed; everything that could sustain or improve the

country was paralysed, by this blind, or wicked, or stupid, or

headstrong legislation of Lord John Russell's Government, by which the

energies and the capital of the country were squandered upon labour that

could not, and was not intended to, make any remunerative return

whatever.

Whilst the value of the general principle of employing labour on

profitable rather than on unprofitable works was evident enough, and

accepted by almost everybody, the practical carrying out of that

principle was not without its difficulties. Those who endeavoured to

solve them brought forward plans varying from each other in some

particulars; but, taking them collectively, there was sufficient good

sense in them to enable the Government to frame a system of reproductive

employment for the exigencies of the period.

Fears were entertained by many that much of the arable land would remain

unfilled in the ensuing spring, by which the Famine would be

perpetuated; and it was thought the labour of the country ought to be

made available for that purpose. A kind-hearted, charitable clergyman,

the Rev. William Prior Moore, who endeavoured most zealously to relieve

the sufferings of the people, put forward this view very strongly, in

letters addressed by him to the Chief Secretary. In those letters he

accuses the Government of being mere theorists, ignorant of the

practical way of relieving Ireland. "The Labour Act," he says, "was

worse than _absurd_--it was in many respects _pernicious_. The Chief

Secretary's letter (I speak with all respect), though well meant, was in

many cases impracticable; and the late Treasury Minute, also

well-intentioned though it be, is for the most part _incomprehensible_;

and when the three are taken together, or brought partially into

operation together, as in some places is attempted, the Irish gentry

would require a forty-horse power of intellect to understand or avail

themselves of them."[127] "I do not say, as many do," Mr. Moore

continues, "that the roads will be spoiled by cutting down the hills; on

the contrary, it will be of the greatest advantage to have level

highways through the land; but I do say, that there could not by

possibility have been a more absurd misapplication of the labour and the

power of the country. _Level roads are a good thing, but food is

better._ And what will level highways do for the poor of Ireland next

year, if they have nothing to eat?"[128] When Mr. Moore penned these

lines he assumed, we must suppose, that all roads undertaken by

Government would be completed, which would, in its way, be an

improvement; but such was not the case.

At this time a class of landowners, and an extremely numerous one,

raised the cry of "excessive population." They were anxious to clear

their lands, not of rocks or briars, but of human beings; and in their

opinion the country could be saved only by a vast system of emigration.

Mr. Moore denies that such excess existed, and therefore condemns

emigration. "_It is not a fact,_" he says, "_that Ireland is

over-peopled;_ the contrary is the fact. But the strength of Ireland,

her bone and sinew, like her unequalled water-power, is either unapplied

or misapplied."[129] "Simply two things," in his opinion, were

required--"immediate occupation for the people, and that that occupation

shall, as far as possible, be made conducive towards providing for the

exigencies of coming seasons ... WE WANT EMPLOYMENT WHICH CAN BE MADE

IMMEDIATELY AVAILABLE FOR THE PRODUCTION OF FOOD--and _nothing will or

can answer this purpose, save only to employ the people in tilling and

cultivating the soil; and not a moment is to be lost!_"[130] One is

inclined to doubt the feasibility of sending the labouring population of

Ireland in upon the tillage farms, to trench, and dig, and plough, and

sow; but Mr. Moore had his practical plan for doing it; and although he

does not go into details, it does not seem to offer insuperable

difficulties. "The plan I would suggest," he writes, "is briefly this:

to HIRE THE LABOURERS TO THE SMALL FARMERS ALL THROUGH THE COUNTRY, AT

HALF-PRICE, TO TILL THE GROUND. The farmers would be delighted at the

arrangement."[131]

The necessity of applying labour to the cultivation of the soil was also

most strongly insisted upon by a high Government official, Sir Randolph

Routh, the head of the Commissariat Relief Office, Dublin Castle, whose

experience was of the most extensive and valuable kind, he having

superintended the relief works through Ireland in 1846. He says: "Under

the circumstances which you describe, I recommend you to call a meeting

of the proprietors, to explain to them the state of the country; to

state the liberal intentions of the Government to give a grant equal to

the amount subscribed, when the Workhouse is full; to explain to them

that this grant is tantamount to selling them the supply at half-price,

as their funds, being doubled, go twice in the purchases they require.

Point out to them also the dreadful responsibility the whole country

will incur, if they neglect the cultivation of the soil. The transition

from potatoes to grain," he says, "requires a tillage in the comparison

of three to one between grain and potatoes. All this requires a

corresponding increase of labour; and wages so paid are a mere

investment of money, bringing a certain and large profit." He adds these

remarkable words: "It is useless to talk of emigration, when so much

extra labour is becoming indispensable to supply the extra food. Let

the labour first he applied, and then, it will be seen whether there is

any surplus population, and to what extent. If industrious habits can be

established, and the waste lands taken into cultivation, it is very

doubtful whether there would be any surplus population, or even whether

it would be equal to the demand."[132] These were sound views, except in

so far as they threw upon landlords and people the duty of cultivating

the soil; the people could do nothing, and many of the landlords had not

capital: moreover, _as a class_, they were wholly disinclined to make

any adequate effort. From the terms of the memorandum just quoted, it is

evident that, in their intercourse with Commissary Hewetson, they were

clamouring for emigration. If the Government were sincerely anxious to

produce food, and save the country, they ought not to have leaned on

such rotten reeds. They should have put their own hand more thoroughly

to the work, and framed an Act which would, at least indirectly, have

compelled proprietors to second their efforts, and discharge those

duties, which, as men and as Christians, they refused to attend to or

acknowledge.

Besides the numerous letters called forth by the publication of the

Treasury Minute, that important document came prominently under

discussion at baronial sessions, and the meetings of Relief Committees.

At a meeting of the Relief Committee for the districts of Kells and

Fore, in the County of Meath, held in the Court House of Kells on the

5th of September, and presided over by the Marquis of Headfort, the

principal question debated was, "the nature of the employment which

ought to be provided for the poor during the ensuing season." A report

to his Excellency the Lord Lieutenant was agreed to. It was based upon

the sound, common-sense principle, "that the labour for which the land

is compelled to pay, should be applied in developing the productive

powers of the land." From this stand-point they proceed to make

practical suggestions, as to the manner in which its principle is to be

carried out. Assuming that a rate sufficient to provide for the

employment of labour should be levied in each district, and that this

labour should be paid for by landlord and occupier, according to the

Poor Law valuation, as enacted by the Labour-rate Act, they suggest:

1. That instead of the money being taken from the farmers, and wasted in

useless and unproductive works, each person liable to pay this rate

should have the option of expending it upon his own land, in additional

labour, upon works tending, as far as possible, to promote the increased

production of food; and that the most suitable and profitable works in

each locality would be best ascertained by inviting proposals from the

ratepayers--each for his own land. 2. That in the event of landlord and

tenant not agreeing in the works to be undertaken, each should be

entitled to expend the portion of rate paid by himself. These

suggestions were certainly calculated to avert the most threatening

danger of the moment--the danger of not having sufficient attention paid

to the cultivation of the land, in order to produce food for the coming

year. 3. Those ratepayers next express their opinion, that landlords and

others, having sufficient interest in lands, should be encouraged by the

offer of loans to undertake extensive and permanent profitable

improvements, such as the draining and reclaiming of land--the making of

roads to come under the designation of profitable improvements, only so

far as they would be the means of facilitating cultivation. All the

works undertaken to be under the superintendence of the Board of Works.

4. The ruling and controlling power in the case to be a local committee

of landlords and ratepayers, which committee, on the completion of each

work within the time agreed upon, should have notice to that effect;

and who should have power to order an inspection of such works, if they

thought it necessary. Upon being satisfied that the outlay was fairly

and honestly made, according to the terms of agreement, a certificate to

be given to that effect, _which should be taken_ in payment _of the

rate_. The Kells and Fore Committee add, with truth, that this labour,

being carried on under the ordinary relations of employer and employed,

would be free from the difficulties of superintendence, and the

demoralizing effects which "charity works" are apt to produce in the

labourer.

After expressing these views and making these suggestions they prepared

a formal address to the Lord Lieutenant to impress upon him the urgent

necessity that existed for employing the labour of the country in the

raising of food. The duties which devolve on those in power this year,

they tell him, are very different from those of last year. Last year,

when it was found that a great portion of the food of the people had

perished, the evident duty of the Government and the country was to

provide a sufficient supply, until the harvest would come in. This was

done by securing additional wages for the people, with which to buy

food; wages paid for the public works then undertaken being the readiest

means to meet a transient emergency; but the Committee are convinced,

they assure his Excellency, that the calamity of the current year is not

transient but permanent. Not one of them, they say, entertains the

expectation that the next year's potato crop will put an end to the

difficulties of the country, by supplying sufficient food for the

population: "the question is not now of the distribution but of the

production of food. We have not to relieve a temporary distress, but to

make provision for the food of a people." To buy food in foreign markets

with money paid for unproductive labour at home, they of course,

designate as it deserved. The true and permanent remedy is only to be

found in the employment of additional capital and labour on the land.

"To anticipate the available resources of the country," they urge, "and

to compel or induce the outlay of them on public works not productive of

food, or of any commodity which could be exchanged for food, must

fearfully aggravate the dangers of our position." Finally, they tell the

Lord Lieutenant frankly, that they feel it to be their duty to deprecate

the continuance of a system which tends to discourage the exertions of

landlord and farmer, and to misapply the labour of the people--closing

their admirably reasoned address by repeating the principle with which

they had set out: "_That the labour for which the land is compelled to

pay should be applied in developing the productive powers of the land._"

O'Connell, as was to be expected, took the greatest interest in the

perilous state of his countrymen at this critical period; and he

expressed his views in public on several occasions. His great anxiety

was for united action. In a letter written from Darrynane, dated 17th of

September, and addressed to the Secretary of the National Repeal

Association, he says, the system of public works is, in its nature,

sufficiently comprehensive, if carried actively and energetically into

effect, to afford employment to the great bulk of the adult population;

but he feels convinced, that to be satisfactory it requires the most

active co-operation of landowners and farmers. The great difficulty, he

thinks, is not in want of employment, but in the want of food, and to

leave to commercial speculators the supply of food for the people will

keep it at a famine price. In his opinion, therefore, the intervention

of the Government was absolutely necessary. Such intervention, he admits

to be surrounded with great difficulties, and calculated to impose an

enormous additional burthen upon them; it must, however, he holds, be

done, or the people will starve. In reply to those who called for loans,

at a low rate of interest, to be expended on the improvement of the

land, he says, it is to be remarked that there are already a million of

pounds sterling in the hands of the Board of Works, to be lent for the

drainage of Irish estates, and but few had availed themselves of that

fund.[133]

But this is no complete answer to the call made for reclaiming Irish

lands, because the money held by the Board of Works was only lent when

applied for. The advocates for reclaiming waste lands in order to give

employment to the starving people wanted a Special Bill empowering the

Government to call upon the owners of estates either to reclaim their

waste land themselves, or to permit the Government to do so on equitable

terms. To some this seemed an interference with the rights of property;

but even if it were, the occasion was sufficient to justify it; for when

a whole nation is in the throes of famine--threatened with annihilation,

as Ireland then was--_salus populi suprema lex_ should become the

guiding principle of a government. Extraordinary evils call for

extraordinary remedies. Nor would such a law be one whit more of an

interference with the rights of property than the law which enables a

railway company to make their line through a man's estate whether he

likes it or not, giving him such compensation as may be awarded by an

impartial tribunal. And this is just, for no private individual ought to

have the power of preventing what is for the general prosperity. But

important as the construction of a railway may be, there is no

comparison between its importance and that of saving the lives of a

whole people, for whose benefit railways are constructed, and all

material improvements projected and carried out.

That some compulsory clauses were necessary in the Drainage Bill is

clear from the statement of O'Connell, that but few availed themselves

of its provisions. Speaking of this Bill, a gentleman whose opinion must

carry much weight with it, says, that all acquainted with the subject

admit the whole cost of thorough draining would be returned by the first

crop, or the first two, or at least by the first three crops.[134]

"Under such circumstances," he asks, "how can the country be exposed to

danger or suffering from an infliction such as now threatens? It is

impossible, unless we assume all the parties interested--whether the

government, the landed proprietors, the farmers, or the labourers--to be

inert, and forgetful of their respective interests to an extent of which

the world has not yet seen a parallel ... Is it possible to imagine that

such a cooperation can be withheld: can the alienation and errors

infused among classes be so great, that they will perish rather than

follow their concurrent interests!!!" "The Drainage Act of 1846 made the

expense of drainage works a first charge upon the land, and that Act

could be easily expanded and adjusted to the present emergency of the

country. _This principle, alike equitable, comprehensive, and applicable

to our case, is the law; and it only requires that it should be

judiciously and extensively used in order to effect the most rapid and

beneficial change that ever occurred in any country._"[135] That want of

co-operation amongst men for their respective interests of which this

well-informed writer asserts the world had seen no parallel, occurred in

Ireland. Millions of acres were in a wretched half barren condition for

want of being drained; the money for the purpose, already granted by

Parliament, was in the coffers of the Board of Works, and more would

have been supplied; the return for the outlay would have been quick and

remunerative; but the money remained unused and sterile; the land was

not drained, and the people in myriads died of hunger.

We must not, however, be unjust to the parties named in the quotation

given above. The farmers and labourers were powerless for good, unaided

by the landlords and the Government. The last-named gave the landlords

the power of draining their estates on terms not merely just, but really

easy, generous, and remunerative; they refused to avail themselves of

that power; on them, therefore, first and above all others, rests the

weighty responsibility of neglecting the most solemn duty that could

devolve upon them, as accountable beings--that of saving the lives of

their fellow-countrymen; a duty not only within their reach, but one

that could be discharged with the greatest advantage to their own

interests. The next party that failed in its duty was the Government,

who should have compelled the owners of land to that, which, of their

own motion, they had so culpably neglected. Had the Government done

this, the farmers and labourers would have been but too happy to unite

with it and the landlords, in an undertaking so evidently for their own

advantage, as well as for the general weal.

O'Connell, knowing well that if he could secure united action for

practical good amongst the landed interests, everything necessary to

save the people would be comparatively easy, laboured to effect this in

the letter above referred to. He threatened them, too, with the danger

of losing their properties, unless they so acted. "The Government plan

of succour," he says, "is calculated to produce throughout Ireland a

more extended Poor Law, necessarily calculated to extend outdoor relief

to all adult labourers and their families, in a state of destitution, as

well as to all other destitute poor. The English statute of Elizabeth is

being extended to Ireland, and the poverty of the country is about to be

placed for support upon the property--especially upon the landed

property." And again: "The English plan of out-door relief, in its worst

form, will be almost insensibly communicated to Ireland, and their [the

proprietors,] estates not only burthened but actually confiscated." The

remedy for this, he says, is combination amongst the owners of land. The

baronial sessions proved the possibility of such a combination, but they

lasted only a part of a day--there should be a great central permanent

committee in Dublin, appointed by the landowners, and communicating

between them and the Government. Such a body would be most influential,

and could organize the best plans for obtaining Government and local

relief.

Several Relief Committees assembled in Dublin, but not one of them was

constituted after the plan suggested by O'Connell, although many

influential persons expressed their warm approval of it, one landlord,

whilst he did so, offensively applying to its originator the vile

quotation:--_fas est ab hoste doceri_.

Towards the end of September Mr. Monsell, of Tervoe,[136] addressed a

letter to the Irish Chief Secretary, in which he reminds him that the

Labour-rate Act was framed and passed into law at a time when the

Government did not foresee that the potato rot would be making fearful

ravages in every electoral division in Ireland by the first of

September;--that in a number of those there would not be a potato fit to

eat on the first of October, and that, in all probability there would

not remain in the country any considerable quantity of potatoes suitable

for human food by November. In view of this terrific state of things, he

thinks it is no exaggeration to say, that for ten months to come labour

must be found for five hundred thousand men, the cost of which could not

be under five millions of pounds; and as destitution in the South and

West was greater than in the other parts of the country, a great portion

of this sum should be raised in Munster and Connaught. The people were

starving, and be the law good or bad they must be employed under it, as

it was the only way the poor could, for the time, be relieved. He

reviews the provisions of the Labour-rate Act, and like so many other

enlightened men of the period--whose opinions he may be fairly taken to

represent, he is alarmed at the principle of unproductive labour upon

which it was based. The money necessary for the support of the people

must, for the most part, be raised from the land, and as this vast sum,

so raised, does not "revolve back again upon the land," it would be

impossible, he thought, for the nation to recover from such a shock. It

was universally acknowledged that the want of sufficient capital was one

of the great evils--if not _the_ great evil of Ireland. There was

abundant scope for the profitable expenditure of capital, "in every

corner of Ireland--in every barony--almost in every townland; the money

expended upon its improvement would return a large interest of at least

ten per cent., [the usual estimate made by practised men was higher, but

he, being anxious to avoid exaggeration, leaves it at ten], and the

capital of the country would, of course, be largely increased by such

expenditure ...an increasing capital would give more labour, a

decreasing capital less."

1. The first important point, in Mr. Monsell's opinion, was to consider

how they were to spend the large sum necessary to sustain the people. Is

it, he asks, to be spent on productive or unproductive labour? If on the

former, the capital of the country would be vastly increased, and the

means of giving future employment increased in proportion; if on the

latter, every pound so spent would be taken away from that capital, and

the means of employing labour proportionably reduced. It seemed,

therefore, to follow very evidently that, as the leading feature of the

Labour-rate Act was to employ the people on unproductive labour, its

direct tendency was not only to pauperize the country, but to run it

into complete ruin. 2. Another fault in the Act, but one of inferior

magnitude, was that it necessitated the congregating together of large

masses of the people upon public works, which tends to demoralize the

labouring classes; and inflicts, besides, a great hardship upon them, by

compelling them to walk great distances to and from those works, making

it almost impossible for them to have their mid-day meal carried to

them. 3. The experience of the last year proved that fully one-fourth of

the money granted to support the labouring poor was expended on the

purchase of land, on horse labour, and on blasting rocks. Hence,

according to his estimate of the money required for the coming year,

there would be a million and a-quarter of it diverted from its intended

purpose--the relief of the destitute. "The Government cannot," he says,

"by act of Parliament compel drainage or fencing; but they can compel

the owner of land to employ the poor, and make those who refuse to

employ them on productive labour pay for their employment on public

works." Appeals to public spirit, social duties, and so forth, have no

effect; nothing will avail but an appeal to self-interest. Make it,

then, the interest of landowners who neglect their duties to employ the

destitute poor upon profitable labour, by taxing them to pay those poor

for public works--unprofitable labour. As the Labour-rate Act did

nothing of this kind, it inflicted a positive injustice on the good

improving landlord, by taxing him equally with the landlord who never

made an improvement; who, in many instances, was an absentee, forgetful

and culpably ignorant of the state of his property, his sole aim being

to get as much as possible out of it, without expending anything. The

tenants of such a man would be sure to be more destitute than those of

an improving landlord, who is thus taxed unfairly to support

them,--taxed in another way too,--taxed by giving employment, whilst the

other gives none. Indiscriminate taxation was, therefore, a positive

injustice to the improving landlord, and an actual bar to improvement;

for, of course, he would be rated higher on account of his improvements.

Such, however, was taxation under the Labour-rate Act.

Mr. Monsell concluded his able letter in the following words:--"I am

convinced that these evils cannot be avoided without a change in the

law. No matter how the managing of the public works may be extended,

you will still find that unless there is an absolute power given to the

owners and occupiers of land, to have the money raised from the land

expended upon it, you will have such a mass of jobbing and jealousy to

contend with, that very few works of private benefit, very few

productive works, will be executed. I am sure that if you agree with the

views that have now been laid before you, you will announce it speedily

in order to prevent the carrying out of the present ruinous system on

any scale larger than that required to meet our immediate wants, and

that you will not hesitate to recommend that Parliament should be called

together at once. This course may be inconvenient, but such an emergency

requires inconveniences to be encountered. History presents no parallel

to our circumstances. There is no other instance on record of the whole

food of a people becoming rotten before it was ripe. Of course the

system of public works would go on more smoothly than any other that can

be suggested. It would give far less trouble to the Government than the

system which it is proposed to substitute for it; but what would the end

of it be? Never since the connexion of Ireland with England has so awful

a power been placed in the hands of any statesman as in yours. The whole

country is, as it were, fused in your hands--on you depends the future

shape which it will assume. If you use your opportunities well--if you

develope its resources--if you increase its capital--if you improve its

agriculture--if you distribute its wealth as it ought to be distributed,

its progress in the next two or three years will be greater than the

progress ever made by any country in the same time. If you take the easy

course--if you throw away the opportunity placed by Providence in your

hands--if you allow the vast sums of money which you have to direct the

distribution of to be spent unprofitably, we shall retrograde as fast as

under the other alternative we should have advanced; and those who have

been year after year hoping against hope, and labouring against the

tide, will fold their arms in despair."

A deputation from Cork waited on the Prime Minister to urge upon his

attention the utility and necessity of employing the people in

productive instead of non-productive works. He read to them a reply, in

which he said he thought the measures that had passed through Parliament

ought to be sufficient to meet the existing emergency; but whilst he

expressed this view he, using the time-honored official style of

replying to deputations, promised that the subject should receive the

deepest consideration during the ensuing session of Parliament. There

were, he said, subjects of great difficulty to be encountered in

legislating for a country circumstanced as Ireland was. The lands held

by Government might be at once improved, but the case was different with

respect to those that were the property of individuals. Still, he would

not shrink from the necessity or duty of Government interfering even in

the latter case; neither did he deny that while property had its owners

and its rights, that such ownership and rights should not be allowed to

interfere with the operations intended to develop the resources of the

soil, and improve the social condition of the people. The Premier here

uses the far-famed sentiment, almost the very words, of Secretary

Drummond, that property has its duties as well as its rights; but a

sentiment, however just, is but an empty form of words, unless it

receives a practical application at the proper time. The threadbare and

almost insulting platitudes--insulting from the very frequency of their

use--about developing resources and improving the social condition of

the people, were strangely out of place at a moment when coroner's

juries, in various parts of Ireland, were beginning to return verdicts

of "Death from starvation." Lord John, now that he was Minister, talked

of difficulties in legislating for Ireland, especially with regard to

the reclamation of land; when he was only an expectant of office, his

expressed sentiments were quite different. In his speech on the Coercion

Bill, two or three months before, he said:--"There is another source of

benefit, namely, the cultivation of the waste lands. On that subject I

do not see the difficulties which beset the propositions in the regard

of the Poor-laws." Now it is the very reverse. He sees difficulties in

reclaiming the waste lands of Ireland, but finds none in putting into

operation the most objectionable part of the Poor-Law system--- outdoor

relief; for, his Labour-rate Act was, substantially, a gigantic system

of outdoor relief.[137]

Meantime the following requisition was put in circulation and numerously

signed, both by peers and gentry: "We, the undersigned, request a

meeting of the landowners of Ireland to be held in Dublin on the __ day

of ____ next, to press upon her Majesty's Government the importance of

at once adopting the necessary measures to alter the provisions of the

Act, entitled the 9th and 10th Vic., chap. 107, so as to allow the vast

sums of money about to be raised by presentment under it, to be applied

to the development of the resources of the land, rather than in public

works of an unproductive nature."

The principle of the Labour-rate Act was doomed; no voice was raised in

its defence, nor could there have been. The Government having turned a

deaf ear to the call for an Autumn Session, the Repealers were anxious

there should be a demonstration in Dublin that would, as far as

possible, bear the similitude of an Irish Parliament. The above

requisition, very probably without intending it, sustained and

strengthened this idea; the Prime Minister and his colleagues became

alarmed, and the Lord Lieutenant, on the 5th of October, suddenly and

unexpectedly issued, through his Chief Secretary, the famous

Proclamation known as "Labouchere's Letter," which, if it did not

entirely repeal the Labour-rate Act, changed its whole nature. In that

document the Irish public are told that the Lord Lieutenant has had

under his consideration the various representations which had been made

to him of the operation of the poor employment Act, and the difficulty

of finding "public works" upon which it would be expedient or beneficial

to expend money to the extent requisite for affording employment to the

people during the existence of distress; and to obviate the bad effects

of a great expenditure of money in the execution of works _comparatively

unproductive_, he desires that the Commissioners of Public Works would

direct their officers, in the respective counties, to consider and

report upon such works of a _reproductive character and permanent

utility_, as might be presented at any Sessions held under the above

Act; and his Excellency would be prepared to sanction and approve of

such of those works as might be recommended by the Board, and so

presented, _in the same manner_ as if they had been strictly "public

works," and presented as such in the manner required by the Act.[138]

Never did any Government pronounce against itself a more complete

verdict of ignorance and incapacity. The Government had framed the Act;

every clause of it was its own handiwork; it was passed through

Parliament without being modified, amended, or in the slightest degree

opposed, and yet, before it was brought into practical operation--for a

single work had not been commenced under it at the date of the

Proclamation--that same Government virtually repeal it, well knowing

that for such proceeding it must come before Parliament for an Act of

Indemnity.

FOOTNOTES:

[122] This rule gave great dissatisfaction, the wages in many places

being already far too low, in proportion to the price of provisions.

When the Cork deputation waited on Lord John Russell, the Chancellor of

the Exchequer said, in reply to Rev. Mr. Gibson, that the Minute of the

Lords of the Treasury requiring that wages should be twopence under the

standard of the country _was not the law_, and if necessary could be

modified.

[123] The italics are their lordships'.

[124] Letter to Mr. Trevelyan, Commissariat Series, Part I, p. 439, who

did not like it all, and sent in reply, on the part of the Treasury, an

elaborate defence of high prices and large profits; although the people

in many districts could only purchase one meal a day with the wages they

received on the public works, as is testified by Commissary-General

Doree's letter (p. 444); and by numberless other letters from almost

every part of the country; hence men in full employment on the

Government works died of starvation, or of dysentery produced by it. And

why should they not? They were earning 8-1/4d. a day at task work,

whilst meal was 3s. a stone; and the next shop in which it was sold for

that sum was often a great distance from them--in some cases twenty, and

even five-and-twenty miles!

The following paragraph went the round of the newspapers at the close of

December:--"A FACT JOB LORD JOHN RUSSELL.--Mr. Bianconi, ex-Mayor of

Clonmel, had shipped to him on the 14th of December, at New York, a

small lot of best Indian corn, at _twenty-three shillings_ per quarter

of 480 lbs.; and the same post which brought the invoice brought a

letter stating the price at Liverpool was _seventy-two_ shillings. What

will Lord John Russell say to this?

[125] Board of Works' Series, vol. L., p. 97.

[126] Mr. Monsell's Letter to Lord Devon.

[127] The case of Ireland, etc., contained in two letters to the Right

Hon. Henry Labouchere, Chief Secretary of Ireland, by the Rev. William

Prior Moore, A.M., Cavan, p. 6. Halliday Pamphlets, vol. 1991.

[128] _Ib._ p. 7.

[129] _Ib._

[130] The Case of Ireland, etc., p. 11.

[131] _Ib._ p. 11, 12. The capitals and italics in the above quotations

are Mr. Moore's.

[132] Memorandum to Commissary-General Hewetson. Commissariat Series, p.

452.

[133] "A great deal of delay on the part of the Board of Works in the

respect of drainage was occasioned by that body involving themselves in

legal intricacies which were not necessary under the Act." _O'Connell's

Speech at the Baronial Sessions of Caherciveen._

[134] _Correspondence on some of the general effects of the failure of

the potato crop and its consequent relief measures. By J.P. Kennedy,

formerly an officer of the corps of Royal Engineers, and late Secretary

of the Land and Relief Commissions. Dublin: Alex. Thom, 1847. Halliday

Pamphlets, vol. 1993._

[135] _Ibid._ The italics are Mr. Kennedy's.

[136] Now Lord Emly.

[137] "The works under the 9th and 10th Vict., cap. 107, (the

Labour-rate Act,) were to be sanctioned for sake of this relief, and not

for sake of the works themselves."--_Mr. Trevelyan's Letter to

Lieutenant-Colonel Jones, Board of Works' Series of Blue Books, vol. L.,

p_. 97.

[138] See Proclamation, in Appendix, Note D. "The intended meeting in

Dublin will be _now_ abandoned, as the promoters of it must be satisfied

with Lord Bessborough's Proclamation."--_Mr. Pierce Mahony to the Earl

of Clarendon, 6th October, Commissariat Series of Blue Books, vol. I.,

p. 123_.

Mr. Pierce Mahony was a very well-known Dublin solicitor; a man of

position, and evidently in the confidence of Lord Clarendon. He writes

from the Stephen's-Green Club, the recognised representative body of the

Whigs in Ireland. How anxious the Government must have been that a chief

effect of their proclamation would be to prevent the intended

demonstration in Dublin is patent from the hurry with which Mr. Mahony

transmits the intelligence to the President of the Board of Trade.

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