CHAPTER XVII.

TENANT-RIGHT IN ULSTER.

The Earl of Granard has taken a leading part in the movement for the

settling of the land question, having presided at two great meetings

in the counties in which he has large estates, Wexford and Longford,

supported on each occasion by influential landlords. He was the first

of his class to propose that the question should be settled on the

basis of tenant-right, by legalising and extending the Ulster custom.

A reference to this custom has been frequently made recently, in

discussions on the platform and in the press. I have studied the

history of that province with care; and I have during the year 1869

gone through several of its counties with the special object of

inquiring how the tenant-right operates, and whether, and to what

extent, it affords the requisite security to the cultivators of the

soil; and it may be of some service that I should give here the result

of my enquiries.

Of the six counties confiscated and planted in Ulster, Londonderry,

as I have already remarked, was allotted to the London companies. The

aspect of their estates, is on the whole, very pleasing. In the midst

of each there is a small town, built in the form of a square, with a

market-house and a town-hall in the centre, and streets running off at

each side. There are almost invariably three substantial and handsome

places of worship--the parish church, always best and most prominent,

the presbyterian meeting-house, and the catholic chapel, with nice

manses for the ministers, all built wholly or in part by grants from

the companies.

Complaints were constantly made against the Irish Society for its

neglect of its trust, for refusing to give proper building leases, and

for wasting the funds placed at its disposal for public purposes. The

details are curious and interesting, throwing much light on the

social history of the times. The whole subject of its duties and

responsibilities, and of its anomalous powers, was fully discussed

at a meeting of the principal citizens, most of them strongly

Conservative, on the 28th of May, 1866. There had been a discussion

on the subject in the House of Commons, in which Lord Claud Hamilton,

then member for the borough, distinguished himself. Mr. Maguire

brought the Society before Parliament in an able speech. The

legislature, as well as the public, were then preoccupied with the

Church question. But, doubtless, the maiden city will make her voice

heard next session, and insist on being released from a guardian who

always acted the part of a stepmother.

The Irish Society has been before three parliamentary tribunals, the

Commissioners of Municipal Corporations for England and Wales, the

Royal Commission of Enquiry into the state of the Corporation

of London, and the Irish Municipal Commissioners. The English

Commissioners say:--'We do not know of any pretext or argument for

continuing this municipal supremacy of the Irish Society. A control

of this kind maintained at the present day by the municipality of

one town in England over another town in Ireland, appears to us

so indefensible in principle, that our opinion would not have been

changed, even if it were found that hitherto it has been conducted

with discretion and forbearance.'

The Irish commissioners affirmed 'that the Irish Society in their

original institution were created for the purpose of forwarding the

interests and objects of the Plantation, and not for mere private

gain; and that of the large income which they receive from their

possessions in Londonderry, a very inadequate and disproportionate

share is applied for the public purposes, or other objects connected

with the local interests of the districts from which the revenues of

the society are drawn.'

The corporation of Derry cannot put a bye-law in force till it

receives the approval of the Irish Society. And what is this tribunal

whose fiat must stamp the decision of the Derry corporation before it

can operate in the smallest matter within the municipal boundary?

The members are London traders, totally ignorant of Ireland. They

are elected for two years, so that they must go out by the time they

acquire any information about their trust, to make way for another

batch equally ignorant. Having everything to learn during their term

of office, if they have time or capacity to learn anything about

the matter, they must submit to the guidance of the governor, who is

elected virtually, though not formally, for life; and the members of

the Derry corporation believe him to be the autocrat of the society.

Mr. James P. Hamilton, now the assistant-barrister for Sligo, at the

great meeting of the citizens of Derry already mentioned, pronounced

the governors to be 'the most ignorant, the most incompetent, and the

most careless governors that ever were inflicted on a people.' Mr.

Hamilton quoted from the answer of the corporation of London in 1624

to the Privy Council, which required them to convey 4,000 acres to

the citizens of Derry. The corporation replied that they had allotted

1,500 acres for the use of the mayor and other civil officers. That

was either true or false. If true, by what right did they recall the

grant, and re-possess themselves of those lands? By the articles they

were bound to make quays, which were not made. They were bound to

give bog and mountain for the city common, which they never gave. The

corporation had a tract called the sheriffs mountain, but the city was

robbed of it by her cruel stepmother, the Irish Society. The society

was bound to give 200 acres for a free school, and if this had been

done Derry might have had a rich foundation, rivalling Westminster

or the Charter School. Mr. Hamilton, conservative as he is, with the

heart of a true Irishman, indignantly asks, 'Why is this national

grievance and insult continued for the profit of no one? Their very

name is an insult and a mockery--_The Governor and Assistants, London,

of the New Plantation in Ulster_! What do they govern? They don't

govern us in any sense of the word. They merely hold our property in

a dead grip, without any profit to themselves, and to our great

disadvantage.'

The city is overwhelmed with debt--debt for the new quays, debt for

the new bridge, debt for the public works of the corporation, which

has struggled to improve the city under the incubus of this alien

power, contending with debt, want of tenure, and other difficulties,

which would all have been avoided if the city had the lands which

these Londoners hold in their possession and use as their own pleasure

dictates, half the revenues being spent in the management.

Mr. William Hazlett, a magistrate of Derry, one of its ablest and

most respected citizens, stated that from 1818 to 1847 the expenses

of management were 60 per cent. The royal commissioners set it down

thus--Total expenditure, 219,898 l.; management, 133,912 l. The

law expenses were, during the same period, 40,000 l. 'This item

of itself,' says Mr. Hazlett, 'must be considered an intolerable

grievance, for it was laid out for the oppression of the people who

should have benefited by the funds so squandered in opposing the

very parties who supplied the money, with which they were themselves

harassed. If a tenant applies for a lease, and the society consents

to grant one, it is so hampered with obstructive clauses that his

solicitor objects to his signing it, and says that from its nature it

could not be made a negotiable instrument on which to raise money. The

tenant remonstrates, but the reply of the city is--"That is our form

of lease; you must comply with it or want!" If you go to law with

them, they may take you into Chancery, and fight you with your own

money.'

Mr. Hazlett gave a remarkable illustration of this, which shows

the spirit in which this body thinks proper to fulfil its duties as

steward of this property. The Devon Land Commission recommended that

leases of lives renewable for ever should be converted into fee-farm

grants, which would be a valuable boon to the tenant without any loss

to the owner. A bill founded on the recommendation was introduced to

parliament. Did the enlightened and liberal Irish Society hail

with satisfaction this wise measure of reform? On the contrary, the

governor went out of his way to oppose it. Having striven in vain,

with all the vast influence of the corporation, to have the bill

thrown out, he endeavoured to get the society exempted from its

operation. When, in spite of his efforts, the bill became law, the

governor utterly refused to act on it, and brought the matter before

the Master of the Rolls and the House of Lords. From these renewable

leases the society had an income of about 2,500 l. yearly. And what

amount did they demand--these moderate and discreet gentleman, 'The

Governor and Assistants, London, of the new Plantation of Ulster'--for

their interest in the renewable leases? Not less than 100,000 l., or

about 40 years' purchase. In the year 1765, when the city of Derry was

fast hastening to decay under this London government, the society was

induced by an increase of 37 per cent. on the rent, to grant those

renewable leases. 'And but for the granting of those leases,' said Mr.

Hazlett, 'we should have no standing-ground in this city, nor should

we even have the right to meet in this hall as we do to-day.'

Other striking facts illustrating the paternal nature of this foreign

government of the 'New Plantation' were produced by Mr. Thomas

Chambers, a solicitor who had defended the Rev. J.M. Staples in a suit

brought by the society, and which cost them 40,000 l. of the public

money to win, after dragging the reverend gentleman from one court to

another, regardless of expense. Originally, as we have seen, the city

got a grant of 4,000 acres for the support of the corporation; but

actually received only 1,500, valued then at 60 l., a year. This land

was forfeited and transferred to the bishop in the reign of Charles I.

Ultimately the bishop gave up the land and the fishery, for which the

see received, and still receives, 250 l. a year. The society got, hold

of the 1,500 acres, and refused to give them back to the city, which,

with the alienation of the sheriff's mountain, and the raising of the

city rents (in 1820) from 40 l. to 600 l. a year, left it 1,000 l. a

year worse than it had been previously. The result of this policy of

a body which was established for promoting 'civility' in Ireland, was,

that the credit of the corporation went down rapidly. Executions were

lodged against them, and all their property in quays, markets, &c.

was swept away, the bridge being saved only by the intervention of a

special act of parliament. In 1831, however, the society granted the

corporation an allowance of 700 l. When the reformed corporation came

in, and found that they were so far emancipated from the thraldom of

the London governor that they could go before parliament themselves,

the society was constrained to increase its dole to 1,200 l. a year.

Mr. Isaac Colhoun, at the meeting referred to, produced from the

accounts of the society for the previous year, published in the local

papers, the following items:--

£ s. d.

Amount of the present increased income 11,091 17 5

________________

Incidental expenses as per general agents' account

for 1865 114 3 0-1/2

Law expenses 492 7 11

Salaries to general agent, deputy, vice-admiral,

surveyor, and others 926 16 6

Pension to general agent 250 0 0

Visitation expenses, 1865 539 19 6

Surveying expenses 50 0 0

Salary of clerk and porter's wages 197 10 0

Coal, gas, printing, stationery, advertisements 449 11 5

Salary to secretary and assistant governor, and

'assistants' for attendance at 51 meetings 549 1 6

________________

4,094 1 6

Here, then, is a trust fund amounting to about 12,000 l. a year, and

the trustees actually spend one-third in its management! And what

is its management? What do they do with the money? Mr. Pitt Skipton,

D.L., a landed proprietor, who has nothing to gain or lose by the

Irish Society, asks, 'Where is our money laid out now? Not on the

estate of the Irish Society, but on the estates of the church and

private individuals--on those of owners like myself who give their

tenants perpetuity, because it is their interest to do so. We should

wish to see the funds of the society so expended that we could see

some memorial of them. But where is there in Derry any monument wholly

erected by the society which they were not specially forced to put up

by charter, with the exception of a paltry piece of freestone within

one of the bastions bearing their own arms.'

Let us only imagine what the corporation of Derry could do in local

improvements with this 12,000 l. a year, which is really their own

property, or even with the 4,000 l. a-year squandered upon themselves

by the trustees! Some of these worthy London merchants, it seems, play

the _rôle_ of Irish landlords when travelling on the Continent, on

the strength of this Derry estate, or their _assistantship_ in its

management. 'I object,' says Mr. J.P. Hamilton, 'if I take a

little run in the summer vacation to Paris or Brussels, to meet a

greasy-looking gentleman from Whitechapel or the Minories, turned out

sleek and shining from Moses', and to be told by him that he has a

large property in _Hireland_, in a place called Derry, and that his

tenantry are an industrious, thriving set of fellows, quite remarkable

for their intelligence, but that it is all owing to his excellent

management of his property and his liberality.'

Mr. Hazlett presented a still funnier picture of the Irish

'visitations' of the members of the society, with their wives and

daughters every summer. Gentlemen in London regard it as a fine lark

to get elected to serve in the Irish Society, as that includes

a summer trip to Ireland free of expense, with the jolliest

entertainment. One gentleman, being asked by another whether he was

ever in Ireland, answered--'No, but I intend to get on the Irish

Society next year and then I'll have a trip. What kind of people are

they over there? Do they all speak Irish?'

'Oh, no; they are a very decent, civilised people.'

'Oh, I'm glad they don't speak Irish; for none of us do, of course;

but my daughter can speak French.'

'They had a great siege one time over there?'

'Oh, yes; the Derry people are proud of the siege.'

'Ah, yes, I see; happened in the reign of King John, I believe.'

But the heaviest charge laid at the door of the Irish Society is its

persistent refusal to grant proper tenures for building. By this, even

more than their reckless squandering of the revenues of a fine estate,

which is not their own, they have obstructed the improvement of the

city. They might possibly be compelled to refund the wasted property

of their ward, but they could never compensate for stunting and

crippling her as they have done. Fortunately, there is a standard by

which we are able to measure this iniquity with tolerable accuracy.

Dr. William Brown, of Derry, testified that it was the universal

conviction of the people of Derry, of all classes and denominations,

that, by the mismanagement of their trust, the Irish Society had

converted the crown grant from the blessing it was intended to be, and

which it would have been under a just administration, into something

more akin to a curse. For anything that saps the self-reliant and

independent spirit of a community must always be a curse. Within the

last hundred years Belfast was not in advance of Derry in population,

in trade, in capital, or in any other element constituting or

conducing to prosperity. Its river was not so navigable, and by no

means so well adapted to foreign, especially transatlantic trade. The

country surrounding it was not superior in soil, nor the inhabitants

in intelligence and enterprise. It had no estate, as Derry had,

granted by the crown to assist in the development of civilisation,

education, and commerce. Its prospects, then, were inferior to those

of Derry. But Belfast had the one thing, most needful of all, that

Derry had not. It had equitable building tenures. And of this one

advantage, look at the result! 'Belfast is now seven times the size of

Derry; and is in possession of a trade and a trade capital which Derry

can never hope to emulate, while smothered by the stick-in-the-mud

policy of that miserable anachronism the Irish Society.'

The London companies which have estates in the county Derry claimed

to be entitled to all the surplus revenue after the cost of management

was deducted. This was the question raised by the celebrated

'Skinners' case,' ultimately decided by the House of Lords. The effect

of the decision was, that the society was a trustee, not for the

companies but for the public objects defined in the charter and the

'articles of agreement.' Lord Langdale's language on the subject is

perfectly clear and explicit. He declared that the Irish Society have

not, 'collectively or individually,' any beneficial interest in the

estates. In a sense they are trustees. They have important duties

to perform; but their powers and duties have all reference to the

_Plantation_, whose object was purely public and political.

Adverting to this judgment, it is not Derry alone that is interested

in the abolition of the Irish Society. Its objects 'affected the

general welfare of Ireland and the whole realm.' The city of London,

in its corporate capacity, had no beneficial interest in the estates.

'The money which it had advanced was early repaid, and the power which

remained, or which was considered to remain, was, like that of the

society, an entrusted power for the benefit of the plantation and

those interested in it. The Irish Society seems to have been little,

if anything, more than the representative or instrument of the city

for the purposes of the Plantation.'

I subjoin the text of the concluding part of the judgment in the

_Skinners' Case_, the report of which fills a very bulky volume:--

Lord Langdale said: 'The mistaken views which the society may have

subsequently taken of its own situation and duties (and I think that

such mistaken views have several times been taken) do not vary the

conclusion to be deduced from the charter and the circumstances

contemporary with the grant of the first charter. I am of opinion that

the powers granted to the society and the trusts reposed in them were

in part of a general and public nature, independent of the private

benefit of the companies of London, and were intended by the crown

to benefit Ireland and the city of London, by connecting the city

of Londonderry and the town of Coleraine and a considerable Irish

district with the city of London, and to promote the general purposes

of the Plantation, not only by securing the performance of the

conditions imposed on ordinary undertakers, but also by the exercise

of powers and the performance of trusts not within the scope of those

conditions. The charter of Charles II. expressly recites that the

property not actually divided was retained for the general operation

of the Plantation.'

The Land-War in Ireland: A History for the Times · 第 17 / 25 章