As the first step it should be calmly settled what are the specific

grievances under which Ireland labours, and which the Imperial legislature

cannot, but an Irish Parliament could, remove. Historic wrongs are past

remedy. Ireland has more than her share of representation in Parliament.

She has no established Church. If her priesthood would let her, she would

have a complete system of national education. Her land law is now far more

favourable to the tenant than that of the other kingdoms, and she has been

and still is receiving government subventions in aid of the tillers of her

soil which English and Scotch tenants do not receive and which would cease

if she became independent. Nothing is closed against her people. They have

the markets of the whole Empire. All its offices, patronage, and services

are perfectly open to them. So long as they will abstain from outrage and

murder, they enjoy all the personal privileges of British freemen. It

cannot be said that the law has been suspended for any purpose other than

the repression of outrage. If the ordinary law and government were very

bad, Ulster would hardly have prospered as it has done. If Castle

government is the grievance, abolition of it was offered to Ireland long

ago and was by her rejected. Let the existing grievances be specified, and

let it be seen whether Imperial legislation is incapable of redressing

them. The truth is that with the Irish leaders it has not been redress of

particular wrongs and grievances or the introduction of practical

improvements that has been the object of desire. Their aim has been to

create a nationalist feeling which should end in political separation.

Such has been the constant tenor of their appeals to sentiment and the end

to which their policy has really pointed.

Suppose Ireland severed from Great Britain, what would be her lot? She

would then have to assume all the burdens and responsibilities of an

independent nation, including military and naval defence, as well as the

entire expense of a separate government. As she could not hope to vie in

strength with her powerful neighbour, she would be at that neighbour's

mercy; nor, considering the temper in which the parting would take place,

would occasions for quarrel be unlikely to arise. Ireland might have to

seek the protection and become the vassal of some foreign power. Irish

trade would no longer be free of British markets or of the markets of

British dependencies. Irish labour would no longer be free of the British

labour market. The Indian service and the Imperial services generally

would be closed against Irishmen.

Nor would Ireland be entirely united in herself or perfectly set free from

the hated British influence. She would still have in her the men of

Ulster, Saxon and Protestant, antagonistic probably to the Catholic

majority, and if they were pressed in the unequal conflict, stretching out

their hands for aid to their fellow-Protestants and kinsmen in Great

Britain.

A mere arm of the sea, such as that which divides Ireland from Great

Britain, is surely not enough in these days of improved navigation, to

form a bar to political union. The distance from London to Dublin is now

practically far less than it was a century ago from London to Edinburgh.

Nor does there seem any reason why salt water should be fatal. The Ionian

Islands are in the kingdom of Greece; so probably some day will be Crete.

If Ireland were detached from Great Britain, into what hands would she

fall? The gentry would be extinguished. To excite popular hatred of them

as landlords has been the constant aim of the Nationalist leaders. There

would be a general repudiation of rent, which the Irish government and

judiciary would lack the will, while the British government and judiciary

would have lost the power, to prevent. The record of Irish landlordism is

not bright. Absenteeism has been a great evil, though the estates of some

absentees have been notably well managed. There have been hideously cruel

evictions, especially it seems on the lands purchased by speculators

under the Encumbered Estates Act. Landlordism, as mere drawing of rent, is

an evil. It is not desirable that any man should own land as a

non-resident or own more land than he can manage or superintend. The old

feudal law attaching service to lordship of land was sound in principle.

But if the Irish gentry would accept that principle, be resident, look

after their estates, and do their duty to their tenants, they would

probably be accepted by their people as social leaders, and they might

play that part with good effect. The life of the French peasant is not the

acme either of civilization or of happiness, even though we may make some

abatement from the picture presented by Zola in "La Terre." Unhappily the

tendency, even in England, seems to be towards the detachment of the owner

from his land and the abandonment on his part of every function save that

of receiving the rent and spending it, perhaps in some pleasure city or

abroad. The decadence of the agricultural interest in England is by some

ascribed to this cause.

The gentry being no more, Catholic Ireland would at first fall into the

hands of the priesthood. The moral character of the Irish priesthood in

the opinion of impartial judges is high, as is that of the priesthood of

French Canada. In both cases ecclesiastical influence is strong, and in

both a population virtuous after the Catholic model is the result. The two

are probably about the best things that the Roman Catholic Church has to

show. But the Roman Catholic religion is mediaeval. The training of its

ministers inevitably shuts out light which would be fatal to mediaeval

belief. An Irish peasant lad, having been intellectually secluded for

seven years at Maynooth, comes out proof against the intellectual

influences and advancing science of his time. He is the mental liegeman

and the preacher of the Syllabus, which anathematizes freedom of thought

and claims for the Church dominion, not only over the soul but over the

body, such as was hers in the Middle Ages. He laid his ban on the Queen's

Colleges, and has discouraged and thwarted the extension of popular

education. In regard to education and intelligence, he has been in Ireland

what he has been in Spain and other countries subject to his sway. In the

sphere of industry and commerce the influence has generally been the same.

The religious ideal of life with its Church festivals and Saints' Days has

prevailed. In Ireland as in Canada the priest inculcates early marriages,

the effects of which may be morally good but are economically perilous.

The excessive conversion of the fruits of industry to the unproductive

purposes of the Church has already begun to call forth protests.

The power of the Roman Catholic priesthood would be encountered by the

stalwart Protestantism of Ulster in the Parliamentary arena as it still is

sometimes in the streets of Belfast. It might presently find itself

encountered by another adversary, revolutionary Nationalism, the heir of

that party of force which broke away from the leadership of O'Connell, the

devout son of the Church, and was an object of well-founded suspicion and

aversion to the hierarchy of his day. The affinity of this element is to

the revolutionary party in other countries; and if, like the United

Irishmen of Belfast, it has been willing to act with allies devoted to the

Church, it is not itself devout, as the Church, if she comes to share

power with it, may be led to feel.

The idea of unity of race as a basis of Irish nationality has little

support. In the North there is a strong and masterful Saxon element. There

must be a large Anglo-Saxon and English element in the old Pale. The men

of Tipperary, though characteristically Irish, are believed to be

descendants of Cromwellians. There is Huguenot blood.

The revival of Erse as a national language is surely a patriotic dream.

How is it possible to revive a language all but dead, with no valuable

literature or wealth of printed books, in face of a language which has a

grand literature, is spoken by all the educated classes, indeed almost

universally, in Ireland, and is necessary for intercourse with Great

Britain. O'Connell, we are told, had no great sympathy with the revival of

Irish archaeology, and no sympathy at all with the project of reviving the

Irish language. He recognized the superior utility of the English tongue

as the medium of all modern communication, and saw without regret the

gradual disuse of Erse. Fancy and sentiment may prevail among a literary

class which nevertheless will hardly carry its patriotism so far as to

darken its own mind by unlearning English.

"Ireland ought to be governed in accordance with Irish ideas." Such is the

current saying, and it sounds wise. But statesmanship would hardly act

upon it before taking measures to learn what ideas are peculiarly Irish

and whether they are features of national character, innate and indelible,

and not traces of historic accident or fancies instilled in the course of

political agitation. The perpetuation of weaknesses accidentally

contracted cannot be wise for man or nation. The political idea which

seems most characteristic is the tendency to personal leadership rather

than to self-government or constitutional rule. But this has been common

to all races in early times. It was fostered and prolonged by the

circumstances of Irish history. It could hardly be pronounced incapable of

modification by familiarity with free institutions.

What would be the political constitution of an independent Ireland? How

would its form be settled? The political training of the people generally

since they came out of political thraldom has been agitation against

government and law; their only notion of rule has been personal. Nor is a

hierarchy friendly to political liberty. To set up a stable democracy in

Ireland, if that is the aim of the revolutionary party, would surely be an

arduous undertaking.

All who look coolly into the matter apart from faction and its necessities

have pronounced that the choice lies between separation and legislative

union. Two Parliaments, two nations; so all wisdom says and so experience

before the Union proved. The forces which under Grattan's constitution

held the two Parliaments together in strained and precarious fellowship,

the nomination boroughs, the pension list, the sinecures, the peerages,

the bishoprics, would no longer exist. What is even more important, there

would no longer be an oligarchical and exclusionist Parliament in Ireland

dependent on British support for its ascendency, perhaps even for the

security of its lands. Antagonism would almost inevitably ensue; the more

surely as the partners would set out with the embitterment of a divorce.

Nothing apparently could avert collision; the result of which would be

repression, making the latter end worse than the first.

The proposal of federation is surely preposterous. It would be necessary

first to cut the United Kingdom in two and create an Irish government in

order that negotiations for a federal union might be set on foot. But how

could there be a federation of two states, one of them enormously superior

in power to the other? What sort of deliberative assembly would the

federal council be?

Another plan is to form a federation of the four nationalities, as they

are assumed to be, England, Scotland, Ireland, and Wales; wrenching apart

the members of a great nation which have long been united and cancelling

the highest work of British statesmanship. Here again federation could not

work. England being so much the predominant partner, the result would

almost certainly be a perpetual league of the three minor powers against

her domination. The federal system is applicable only to a group of

tolerably equal States. The restoration of the Heptarchy with the addition

of Scotland, divided into Highland and Lowland, and the four provinces of

Ireland erected into States, would be a comparatively practicable system.

The present condition of the Federal system in the United States does not

encourage experiments of that kind.

The mildest proposal of all is devolution; in other words, the concession

to Ireland of a larger measure of local self-government. This probably

would be readily granted to any extent compatible with supremacy of law

and security of life and property, which no government without abdicating

its plainest duty can forgo. Gradual extension of local self-government

would not entail any acute crisis or bring on any party conflict. The

Lord-lieutenancy, Parliament has already shown itself ready to abolish. It

was in deference to the wish of Ireland that it has been retained. The

only thing in the way of undue centralization of which, so far as the

writer remembers, his Irish friends complained, was the necessity of

carrying Irish causes to Westminster as the final court of appeal.

Whether concession on this point would be feasible it is for legal

authorities to say.

However, it can hardly be doubted that in the course of this struggle a

sentiment has been cultivated among the people of Ireland for which it is

wise as well as kind in some way to provide satisfaction. The Irishman

being of lively sensibility and impressible through sight has never seen

the power which really governs him. A session or two of the Imperial

Parliament held at Dublin for the settlement of Irish questions would

probably have had a very good effect, but it was thought to entail too

much inconvenience. Would there be any objection to empowering the Irish

members of both Houses to sit annually at Dublin as a preparatory House of

Irish legislation framing bills to be commended to Parliament? There would

then be something in College Green. The experiment would involve none of

the difficulties or perils of a statutory division of the powers of

Parliament. It would be at first on the footing of an experiment, nor

would it preclude further concessions if further concessions should be

found needful.

With the question of national character, social or industrial, and its

special requirements, I do not pretend to deal. It has been treated

systematically, perhaps for the first time, by an excellent authority,

Sir Horace Curzon Plunkett, in his "Ireland in the New Century." Of Irish

character a part may be aboriginal and fundamental. A part probably is the

result of historical accident more or less ingrained, and probably capable

of modification. I am told that Irish character has been even acquiring a

more serious cast since I watched the Tipperary steeplechases or stood on

the fair-ground of Ballinasloe. Not a little, so far as the masses are

concerned, is probably the work of a priesthood strongly and inherently

reactionary, which has exercised the same influence on the ideal of life,

character, mind, and industry here as in other Catholic countries. Ireland

is perhaps happy in having been cut off from the prodigious development of

luxury and dissipation which, as social writers tell us, has been taking

place on the other side of the Channel as well as from the domination of

the stock-exchange. She may in this way become a saving element in the

social character of the United Kingdom.

Is it vain to hope that for the settlement of a question so vital party

may for one short hour suspend its war? What far-off object of

aggrandizement can be half so important as a contented and loyal Ireland.

AN ACCOUNT OF THE IRISH LAND CODE

BY HUGH J. MCCANN, B.L.

The Irish landlord, poor as his circumstances were before the famine, was

in many instances reduced to sorer straits after the terrible scourge had

passed away. The good landlord, anxious to do his duty by his tenants,

helped them as far as his mortgages and other financial burdens would

allow. The tyrannical one, regardless of the sufferings of his victims,

sought to extract impossible rents from an unfortunate tenantry who had

scarcely the means of subsistence. The Encumbered Estates Act, it was

thought, would relieve the tension. It empowered a court specially

constituted for the purpose to order the sale of estates encumbered with

debt, on the petition of any person sufficiently interested as owner or

creditor.

Landlordism, it was thought, would, by this act, be relieved of much that

made it tyrannical, even when it meant well. But the act was a failure. It

was worse. It was the means of wrecking many a fortune, and driving many

a proprietor to ruin. Men who, in hard times, were doing well for their

tenants and their country under difficult circumstances were driven from

the land.

The act came into operation towards the end of 1849. A wild rush was made

by creditors to the court. Prices fell with amazing rapidity, and landed

property became a drug in the market. Valuable properties failed to

realize sufficient to meet the mortgages, and their owners were inevitably

ruined.

A new class of landlord now appeared on the scene in the person of the

speculator, who bought up the bankrupt properties as they presented

themselves. The new proprietors had nothing in common with their tenantry.

They knew little of their needs and requirements and cared less. They had

but one interest and that was a commercial one. To make their properties

realize a good dividend on their outlay was their one concern, and up went

the rents accordingly. Such was the fate of the unfortunate tenants who

were allowed to continue as tenants of the new proprietor. This was bad

enough, but those that were given notice to quit were even more cruelly

wronged. Compensation for wrongful disturbance was not recognized in

Ireland in 1850, and tenant property amounting to three millions sterling

was sold to pay the landlord's creditors.

Nothing could demonstrate more clearly how utterly rotten was the whole

land system in Ireland at the time. Landlord and tenant alike were in a

miserable plight. Rents fell heavily in arrear, and evictions were the

order of the day. The landlord played the bold game, struck hard, and

without mercy. The tenant sought protection in combination and conspiracy.

Such was the condition of Ireland when thoughtful men sought by

legislation to cure the crying evils of the time. Many remedies were

proposed between 1850 and 1860, but none of them reached the stage of

legislative enactment. In the latter year, however, Cardwell made an

attempt to place the law of landlord and tenant on a better footing.

In spite of a good deal of opposition, government succeeded in placing two

important measures on the Statute Book, viz.: the Landed Property

(Ireland) Improvement Act, 1860, and the Landlord and Tenant Law Amendment

Act (Ireland) of the same year. By the former limited owners were enabled,

subject to judicial sanction, to charge the inheritance with the cost of

specified improvements, and to bind their successors for stated periods.

Agricultural leases for a period of twenty-one years or less could be

given by the limited owners without judicial intervention, but every

improvement lease required the sanction of the chairman of the county in

which the lands were situated.

To tenants the right of compensation was granted for certain specified

improvements made by them, provided that before entering on the

improvements they made them the subject of an agreement with the landlord,

or had given notice of his intention to improve, and the landlord had not

notified his objection within a period of three months from receipt of the

notice. The principle of retrospective compensation was not, as yet,

admitted.

The second act consolidated the existing law of landlord and tenant, and

made some important changes in procedure.

The relationship of landlord and tenant, hitherto based on _tenure_, as in

England, was henceforth to be founded on _contract_.

Before proceeding to examine its provisions, it might be well to point out

that the common law rights of Irish agricultural tenants were in the

absence of special customs governed since the reign of James I. by English

common law rules. The English system of land tenure was imposed upon the

country by virtue of conquest. But the circumstances of the two countries

were entirely different.

In England the landlord owned the soil and everything on it. The dwelling

houses and out-offices, the farm roads, the drainage, were built by him or

his predecessors. He let a holding to a tenant as a going concern, and for

the holding so equipped he received rent. The relations between landlord

and tenant in England rested on a business footing. If the tenant did not

feel satisfied with his farm or his lot, he moved on. There were none of

the ties there, either of attachment or of interest, that existed in

Ireland. In Ireland the tenant or his predecessor provided, by his labours

or his savings, the whole equipment of the farm. His family for

generations back occupied the same plot, and he dearly learned to know and

love every stone and hedge about the place. In England the improvements

were effected by the landlord out of the rent paid him by the tenant, and,

of course, were legally his by the law of the land. In Ireland the

improvements, almost universally made by the tenant, became at common law

the property of the landlord, who was under no _legal_ obligation to

compensate the tenant for them on ejecting him from his holding. The

following extract from the report of the Devon Commission contrasts the

practice in the two countries very well. "The Commission finds on all

hands, it is admitted, that, according to the general practice in Ireland,

the landlord builds neither dwelling-house nor farm-offices, nor puts

fences, gates, etc., into good order before he lets his land to a tenant.

The cases in which a landlord does any of those things are the exceptions.

The system, however, of giving aid in these matters is becoming more

prevalent. In most cases whatever is done in the way of building is done

by the tenant, and in the ordinary language of the country

dwelling-houses, farm-buildings, and even the making of the fences are

described by the general word 'improvements,' which is thus employed to

denote the necessary adjuncts to a farm, without which in England or

Scotland no tenant would be found to rent it."

What I have said represents the general, but, I should add, not the

universal, condition of things in Ireland at this time.

In parts of the country, especially in Ulster, certain customs prevailed

which recognized that a tenant was something more than a rent producer.

They denied the right of the landlord to raise rents by reason of any

value added to the soil by the tenant's outlay. They recognized a right of

continuous occupancy by the tenant at a fair rent. This right, called

tenant right, became on some properties of immense value, and was often

sold by an out-going tenant at a price exceeding in value the fee simple

purchase of the holding. In Ulster more than anywhere else in Ireland the

custom was very widely prevalent, but was as yet without the sanction of

the law.

But I have digressed from the Act of 1860. In dealing with the Act of

1870, what I have just said will be of importance. The Landlord and Tenant

Act, 1860, otherwise known as "Deasy's Act," is a voluminous measure of

one hundred and five sections which may be conveniently grouped into three

sections. The first deals with the _Contract of Tenancy_, the second with

_Surrenders and Assignments_, and the third with the _Methods of

Procedure_. Section three enacts that "the relation of landlord and tenant

shall be deemed to be founded on the express or implied contract of the

parties." The conduct of the parties may imply a contract of tenancy,

payment of rent being evidence, but not irrefutable evidence, of its

existence.

Section four requires that "every lease or contract, with respect to

lands whereby the relations of landlord and tenant is intended to be

created for any freehold estate or interest, or for any definite period of

time, not being from year to year, or any lesser period, shall be by

_deed_ executed, or _note in writing_ signed by the landlord or his

agent." It is further provided that a tenant may, if there be no agreement

to the contrary, remove his fixtures within two months of its

determination by an uncertain event. Two covenants are implied in the

contract of tenancy by each of the parties thereto. The landlord by his

lease implies an agreement on the part of himself and his successors that

he has a good title to make it, and that the tenant shall have quiet and

peaceable enjoyment of his holding.

The tenant agrees to pay rent, taxes, and impositions payable by the

tenant, and to keep the premises in good and substantial repair and

condition; and, secondly, to give up peaceable possession of the demised

premises in good and substantial repair and condition on the determination

of the lease, subject to any right of removal or of compensation for

improvements that may have lawfully arisen in respect of them, and to any

right of surrender in case of the destruction of the subject-matter of the

contract.

_Surrenders and Assignments_ may be made (1) by deed, (2) by a note in

writing, or (3) by operation of law.

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