CHAPTER XXIII.

LEASE-BREAKING--GEASHILL.

The history of the Manor of Geashill in the King's County furnishes

another instructive illustration of the land question and of the

effect upon the people of the system of management, under the new

school of agents, of which Mr. Steuart Trench may be regarded as the

brightest ornament, if not the apostle. The epoch was favourable for

his mission, and he was the man for the epoch; he had been quietly

training himself for the restoration of disordered estates, and the

critical emergencies of the times thrust him into the front rank of

social reformers. When he describes the wonderful revolutions wrought

by his instrumentality, the whirlwinds on which he rode, the storms

which he directed and quelled, the chaos out of which he evoked order,

he assumes that the hurricane and the chaos were the normal state of

things. A mysterious pestilence had blighted the principal food of

the people for two or three years, and brought on a desolating famine.

Millions perished by that visitation chiefly because the legislature

had persistently refused up to that period to make any provision for

the Irish poor such as it had made centuries before for the English

poor, and because no care had been taken to distribute the population

over the waste lands which their labour would have reclaimed and

fertilized; or to improve their position, so that they might not be

wholly dependent on one sort of food, and that the most precarious and

perishable. Mr. Sadler, in his work on Population, had proved that,

even in the case of Ireland before the famine, there was really no

'surplus population;' that if the resources of the country had been

developed by a wise Government, sympathising with the people, the text

which he adopted would have been applicable there: 'Dwell in the land,

and verily ye shall be fed.' There was hasty legislation to meet the

emergency, but in all the haste, the heartless economists found time

to devise clauses and provisions, by means of which, when the small

farmers had consumed all their stock to keep their families alive,

they were compelled to relinquish their holdings in order to get food

for their famishing children. They must submit to the workhouse test,

they must not hold more than a quarter of an acre of land, if they

would get relief. Under the dire instigation of hunger, in the

stupor and recklessness of their misery, they accepted any terms the

landlords chose to impose, and so whole villages disappeared from the

landscape, swept off with the besom of destruction.

The political economists (all the new school of land-agents are rigid

political economists), taught by their prophet Malthus, ascribed the

famine and every other social evil to surplus population, and to the

incurably lazy and thriftless habits of the Celtic race. According to

them the potato blight had only hastened an inevitable catastrophe.

Therefore they set to work with all their agencies and all their

might to get rid of the too prolific race, and to supplant the native

cultivators by British settlers and wealthy graziers.

This has been done ever since by a quiet and gradual process,

steadily, systematically, inexorably, propelled by many powerful

tendencies of the age, and checked only by assassination. What are the

agrarian outrages which have become so terribly rife of late, but the

desperate struggles of a doomed race to break the instruments which

pluck them out of their native soil? A generation of instruction in

the national schools and a generation of intercourse with the

free citizens of the United States, who call no man 'master' under

heaven--have taught them that it is an enormous iniquity to sacrifice

humanity to property, to make the happiness, the freedom, the very

existence of human beings, secondary to the arbitrary power and

self-interest of a small class called landlords. They regard the

'improving landlord' system as nothing but a legal and civilised

continuation of the barbarous policy of extermination by fire and

sword which we have seen pursued so ruthlessly in the seventeenth

century. It is still the land-war, conducted according to modern

tactics, aiming with deadly effect at the same object, the slow but

sure destruction of a nuisance called the 'Celtic race.' This may be

a delusion on their part; but it is the deep-rooted conviction of

priests and people, and hence the utter inadequacy of any enactment

which will not render such a policy impossible, by making the tenure

of the occupiers independent of the will of the landlords. Until such

time the peasantry will continue to offer a bloody resistance to the

legal attempts to crush them out of the country.

In this self-defensive war, they cannot cope with the armed power

of England in the open field; and they are driven upon the criminal

resource of the oppressed in all ages and all lands--secret

combination and assassination. For this crime they feel no remorse;

first, because it is _war_--just as the soldier feels no remorse

for killing the enemy in a battle; and, secondly, because their

conquerors, and the successors of those conquerors, have taught them

too well by repeated examples the terrible lesson of making light of

human life. Poor ignorant creatures, they cannot see that, while

the most illustrious noblemen in England won applause and honours

by shooting down Irish women and children like seals or otters,

the survivors of the murdered people should be execrated as cruel,

barbarous, and infamous for shooting the men that pull down the

rooftrees over the heads of their helpless families and trample upon

their household gods. These convictions of theirs are very revolting

to our feelings, but they are facts; and as facts the legislature must

deal with them. If there be a people, otherwise singularly free from

crime, who regard the assassination of the members of a certain

class with indifference, or approbation, the phenomenon is one which

political philosophy ought to be able to explain, and one which cannot

be got rid of by suspending the constitution and bringing railing

accusations against the nation.

Mr. Trench speaks with something like contempt or pity of 'good

landlords,' a class which he contradistinguishes from 'improving

landlords.' But it should be remembered that by this last phrase he

always means agents of the Trench stamp. For he observes that the

landlord himself cannot possibly do much more than authorize his agent

to do what he thinks best; and it is rather an advantage that the

proprietor should be an absentee, otherwise his good nature might

prompt him to interrupt the work of improvement. Now there is this to

be said of the good landlords, who may be counted by hundreds, and who

are found in all the counties of Ireland. Their estates are free from

the 'poetic turbulence' in which Mr. Trench is the 'stormy petrel.'

They preserved their tenants through the years of famine, and have

them still on their estates. Nor should the fact be omitted that among

those good landlords, who abhor the idea of evicting their tenants,

are to be found the lineal descendants of some of the most cruel

exterminators of the seventeenth century. Their goodness has

completely obliterated, among their people, the bitter memories of the

past. The present race of Celts would die for the men whose ancestors

shot down their forefathers as vermin. But the improving landlords run

their ploughshares through the ashes of old animosities, turning up

embers which the winds of agitation blow into flames. We seldom hear

of Ribbonism till the improving agent comes upon the scene, warring

against natural rights, warring against the natural affections,

warring against humanity, warring against the soul.

These remarks bring us to the case of the barony of Geashill, the

estate of Lord Digby, to which Mr. Trench became agent in 1857. Lord

Digby desired to obtain his services, but he did not communicate his

desire to Mr. Trench himself, though nothing would seem easier. It was

first conveyed by Lieut.-General Porter, the confidential friend of

Lord Digby, and next by Mr. Brewster, afterwards Lord Chancellor of

Ireland. When the police received a notice that the new landlord of

Geashill would certainly meet with a 'bloody death' if he persisted in

his threatened dealings with the tenants, there was no more time

for diplomatic delicacy in approaching Mr. Trench. The landlord's

extremity is Mr. Trench's opportunity. When leases are to be broken,

when independent rights are to be extinguished, or 'contracted away,'

when an overcrowded estate is to be thinned at the least possible

cost to the owner, when a rebellious tenantry are to be subdued, and

Ribbonmen are to be banished or hanged, Mr. Trench is the man to do

the work of improvement. He admits that he never had before him an

uglier job than this at Geashill, and he had the worst apprehensions

as to the danger of the enterprise.

It was nothing less than to break 120 leases, which had been granted

from time to time by the late Lord Digby during the sixty years that

he had enjoyed the property. The value of these leases was 30,600 l.,

for the terms unexpired after his death. Among those 120 leaseholders

were the descendants of English settlers, gentlemen farmers, one of

them a magistrate, and a number of substantial yeomen, the sort of men

the country so much wanted to form an independent middle class. But to

an 'improving landlord,' the existence of such a class on his estate

is intolerable. At all hazards they must be made tenants-at-will, and

brought completely under his control.

They had built houses and planted trees; they had reclaimed the deep

bog and converted it into good arable land. They had employed the

peasantry, and given them plots of ground, and, more than all, they

had allowed a number of families to squat on bits of bog by the

roadside, where they lived as well as they could; working when

there was a demand for labour, cutting turf and selling it in the

neighbouring town of Tullamore, and perhaps carrying on some little

dealings. At all events they had survived the famine; and there they

were in 1857 with their huts standing on their 'estates,' for they had

paid no rent for twenty years, and they had as good a title in law

as Lord Digby himself. Mr. Trench seems to have been horrified at

not finding the names of these householders in the rent-books of the

estate! The idea!--that there should be within the four corners of the

King's County, even on the bog of Allen, a number of natives holding

land, without a landlord! It was monstrous. But as they could not be

evicted for non-title, they were all severally tempted by the offer

of money, in sums varying from 5 l. to 20 l. each, to sell their

freeholds to the landlord. Pity they were not preserved as a remnant

of the antediluvian period, ere the ancient tenures were merged in

floods of blood. Like a bit of primitive forest, they would be more

interesting to some minds than the finest modern plantation.

It was not so easy to deal with the 120 leaseholders. To what extent

they had improved their farms before they got the leases, Mr. Trench

does not say. But as the absentee landlord had done nothing, and spent

nothing, whatever increase to the value had been made was undoubtedly

the work of the tenants; and after the leases were obtained, they

would naturally feel more confidence in the investment of their

savings in the land. However that may be, a professional man, employed

by Lord Digby, estimated the value over and above the reserved rent

at 30,600 l., which sum the new landlord proposed to put into his own

pocket, by increasing the rent one-third. The plea for this sweeping

confiscation was, that the late Lord Digby, cousin to the present, had

only a life interest in the Irish estate, and therefore, the leases

were all illegal and worthless. Accordingly the new lord commenced

proceedings to evict the whole of the tenantry for non-title. They

were astounded. They held meetings; they deliberated; they appealed to

the landlord; they appealed to the executors of the late peer, who

had large estates in England, and died worth a million sterling in

the funds, all of which he willed away from the heir of his title and

Irish estates. Says Mr. Trench:--

'It may readily be supposed that circumstances so peculiar as these

created considerable anxiety in the district. The tenantry, _many_ of

them large and respectable land-holders, now learned, for the first

time, that their leases were good for nothing in law. They had been

duly 'signed, sealed, and delivered' to them under a full belief on

their part that the contract was not only just and honourable, but

also perfectly legal; and their feelings may be imagined when they

found that they were suddenly threatened with a total loss of the

property which they had always looked upon as secure.'[1]

[Footnote 1: 'Realities of Irish Life,' p.314.]

Pending the ejectment proceedings, they were knocked about from post

to pillar, without getting any satisfaction. The landlord referred

them to the executors, although he knew well they had no legal claim

on them whatever, and that to legal claims only could they pay any

attention. The executors again referred them to their landlord, who

was determined to break the leases, come what would. Now, if the Irish

law regulating the relations of landlord and tenant were based upon

justice and equity, the wrong done by the late earl, if any, was a

wrong for which the tenants should in no way be held responsible. The

wrong was done to the heir-at-law. To him, and not to the tenants,

compensation should have been made by the executors. And after all, it

was really to him that the money was advanced to buy up the leases,

in order to save him from assassination, for the tenants had no legal

claim upon them.

The natural, proper, and honest course, then, for the landlord, was to

have kept the 30,600 l. as compensation to himself for the mistake

of his predecessor, and to let the leases stand. If he considered

the peace of the country, if he wished to inspire in the minds of

the people respect for the rights of property, or confidence in the

Government, he would not have adopted the desperate course of breaking

120 contracts, kindling the flames of agitation, and planting Ribbon

lodges all over a district hitherto peaceful and tranquil. But he was

bent on crushing the independent yeomanry into the abject condition

of tenants-at-will. To carry out this purpose, Mr. Trench was

indispensable. He knew how to tame the wild Irish. And Mr. Trench was

equal to the occasion. He went to reside a few weeks at Tullamore, to

reconnoitre the enemy's position. He writes as if this was the first

time he made acquaintance with the estate. But his own residence

was in the Queen's County, not far off; and there is good reason to

believe that he knew all about Geashill long before; and all about

every estate belonging to an English absentee in the four provinces;

for he had, growing up around him, a young generation of land-agents,

trained in all the arts of modern management, and one of the ablest

of these, his son, Mr. T.W. Trench, became his partner in this agency.

Mr. Trench's tactics are not new, though he excels all men in their

skilful application. His plan, adopted on all occasions, is to divide

and conquer. Violent measures being dangerous and contrary to his

own feelings, he trusts to diplomacy, dealing with individuals,

taken separately into a private room, where his irresistible personal

fascination invariably brings matters to a satisfactory issue.

In this case, he went over to the English executors, and persuaded

them to advance the 30,600 l. to be distributed among the tenants,

under the guarantee of Lord Digby that this sum would cover all

possible claims. Thus provided with funds, he summoned the tenants,

not all, but ten of the most influential, to meet him at Geashill. He

left this meeting, purposely, to the last day and the last hour, as a

piece of generalship. He says:--

'They appeared puzzled and anxious, and very uncertain what to do. At

length one of them proposed that they should do nothing until they had

had an opportunity of consulting the remainder of the leaseholders, of

whom there were upwards of 120 upon the estate.

'"No," replied I, "you must come to a decision now; there is a

messenger at the door on horseback, to ride to the telegraph station

at Portarlington to stop the English witnesses coming over. This must

be done within an hour, or they will start for Ireland, and _then_ it

will be out of my power to stop the lawsuit. You must determine _now_,

each man for himself, or the lawsuit must go on."

'"Will you state the amount of money you will give to each of us?"

asked one of the party.

'"Certainly," replied I, "if you will _each come separately with me

into another room_."

'They did so. I named to each an amount something less than the sum

set down by the notary, partly as a reserve, lest any tenants holding

under these leaseholders should afterwards require to be paid, and

partly lest it might be supposed we were yielding to a legal claim

already granted. After a little consideration, they all severally

signed the consent for judgment.'

The other leaseholders followed. The leases were all surrendered, and

the holders became tenants-at-will. I had the pleasure of meeting one

of the most influential of them a short time ago at Geashill--a fine

tall, patriarchal-looking gentleman, the representative of one of the

English settlers. He was waiting about humbly and patiently for an

opportunity of speaking to the young agent, who is as courteous and

kind as he is efficient. But I could not help reflecting how different

would be the bearing of the tenant if he had been still in possession

of his lease! His dwelling-house was not as grand as the stylish villa

which the landlord has erected beside it. But every stick and stone

about the place were his own property. So also were the old timber

trees, which his ancestors planted. But now every stick and stone

and tree belong to Lord Digby, and as such the agent exhibits them to

visitors--the buildings, the gardens, the trees, the hedges, the rich

pasture fields, all having such a look of comfort and independence. I

asked, 'Did you ever know a place like this old home of yours to have

been made by a tenant-at-will?' He answered in the negative.

The tenant on an 'improved estate' must be very careful about his

speech. An agent has a hundred eyes and a hundred ears. People who

seek 'favours' at the office, find it useful to be spies upon their

neighbours, to detect violations of the 'rules of the estate.' It is

mainly through the spy-system that Mr. Steuart Trench, according to

his own avowal, won most of his victories over refractory tenants. For

example, on this estate he had a woman acting as a spy at the meetings

of the Ribbonmen; and he boasted that a dog could not bark at Farney

without his knowledge. I refer to this matter here again for the

purpose of saying that I cannot regard as an improvement of the

country a system which establishes a despot on every estate, which

degrades the tenant into a day-labourer, which--land being limited and

scarce--substitutes the old, barbarous, pastoral system for tillage,

which banishes the poor and enslaves the rich. Lord Digby levelled

cottages, gardens, farms, manured the land, got an enormous crop,

which in one year paid all the expenses; and then laid out the land in

vast tracts of pasture, for which he gets from 30 s. to 40 s. an acre.

That is improvement for _him_, but not for the people, not for the

country, not for the state, not for the Queen. It may crush Ribbonism.

But for every Ribbonman crushed, a hundred Fenians spring up; and

disaffection becomes not a mere local plague, but an endemic. Mr.

Trench gives a significant hint to other landlords to follow the

example of Lord Digby, assuring them that it will '_pay_.'

A still more flagrant case of lease-breaking occurred some years ago

in the county of Galway. Dr. Hancock has put the facts of this case

before the Government in his recent report:--

'The plaintiff was the Rev. Dr. O'Fay, parish priest of Craughwell, in

the county of Galway, and the defendant the landlord on whose estate

the priest resided. About ten years ago the priest was induced to

take a farm that had been held by a former parish priest; the previous

proprietor, the father of the defendant, promising a lease for three

lives, or thirty-one years. After the priest entered into possession

the landlord ascertained that he could not fulfil his promise.

'As he did not possess such a power under the terms of the estate

settlement, he offered, instead, a lease for the priest's own

life, and 20 l. to aid in building a house. The priest continued

in possession of the farm, and paid the rent agreed on, thus, as he

alleged, accepting the arrangement proposed. He was on excellent terms

with the landlord, and expended 70 l. in permanent improvements, and

did not ask for the 20 l. which the landlord had promised. In 1854 the

landlord died, and his son, the defendant, succeeded to the property.

He gave notice to all his yearly tenants of an intention to raise

their rents. The priest claimed to have a promise of a lease, and the

agent of the property, during the landlord's absence abroad, admitted

this claim, and did not raise the rent. The landlord said he had no

notice of his father's promise; he, however, allowed the priest to

remain in possession, and the priest expended 400 l. in buildings, on

the faith that he would not be disturbed. A dispute subsequently arose

about trespass, and the fences on the boundary between the priest's

farm and some land in the possession of the landlord. The landlord

served notice to quit, and brought an ejectment. After some delay

judgment was given in his favour, subject to an application to the

Court of Chancery to compel him to fulfil his father's promise of a

lease.'

The Master of the Rolls thus characterised the law which justifies the

robbery of the tenants by unscrupulous and vindictive landlords:--

'Even if the Rev. Dr. O'Fay had no claim except as tenant from year to

year, I have no hesitation in stating that, although in point of law

on the authorities I have referred to, and particularly the case of

Felling _v._ Armitage, the petitioner's suit could not be sustained,

_yet noticing can be more repugnant to the principles of natural

justice than that a landlord should look on at a great expenditure

carried on by a tenant from year to year, without warning the tenant

of his intention to turn him out of possession_. The defendant's offer

to allow Dr. O'Fay to remove the buildings was a mockery. _I have no

jurisdiction to administer equity in the natural sense of that term,

or I should have no difficulty whatever in making a decree against the

defendant._ I am bound to administer an artificial system, established

by the decisions of eminent judges, such as Lord Eldon and Sir William

Grant, and _being so bound, I regret much that I must administer

injustice in this case, and dismiss the petition_, but I shall dismiss

it without costs. _I should be very glad for the sake of justice that

my decision should be reversed by the Court of Appeal._'

Lest it might be supposed that this was the opinion of a single judge,

we find in the Court of Appeal equally strong views stated:--It

was thrown out that it was a case for amicable settlement, but the

respondent's counsel assured the Court that his client 'had resolved

to spend his fortune, if necessary, in resisting the claim of the

Rev. Dr. O'Fay.' Lord Justice Blackburne pronounced this to be a very

irrational determination, although he had to decide that the claim

could not be sustained in law or equity.

Lord Chancellor Napier, in concluding his judgment, said:--

'I think I am not overstepping my duty in suggesting to the

respondent, that, under all the circumstances of this case, he will

best maintain the character and honour of a British officer, satisfy

the exigencies of justice, and uphold the rights of property, by

making _such an arrangement_ with Dr. O'Fay, as to the possession of

this farm, _as may leave him the full benefit of an expenditure made

in good faith, and with the reasonable expectation of having the full

benefit of it sufficiently secured by an undisturbed possession_.'

It is a favourite theory with the new school of agents and improving

landlords, that long leases cause bad cultivation; in other words,

that industry prospers best where there is no security that you can

reap what you have sown, except the honour of a man whose interest it

is to appropriate the fruits of your labours, which he can _legally_

do. Now, in every class and profession, there are failures,--persons

that are good for nothing, indolent, improvident, and thriftless. If

such a man has a long lease at a low rent, he may be overwhelmed in

debt, and leave his land in very bad condition. Others may imitate

their aristocratic superiors in their contempt for labour and their

habits of expenditure, and so get into a state of hopeless poverty on

a good estate. If there are cases where industrious sober men are the

worse for having an old lease, it should be remembered that the most

insecure of all tenures is a lease dependent on a single bad life,

which may drop at any hour. But there are other causes of the facts

urged against long tenures, for which the legislature is responsible,

not the unimproving tenant. Dr. Hancock explains this point very

satisfactorily:--

'Instances of bad cultivation and neglect of improvements, where long

leases exist, are sometimes brought forward to show the inutility of

tenure as a security for capital, and the strange economic theory

is propounded that a precarious interest is more favourable to the

investment of capital than a secure one. As well might the state of

landed property in Ireland before the Incumbered Estates Court was

established be adduced as an argument against property in land. The

remedy, however, which the legislature applied to incumbered estates

of large proprietors was not to destroy property in land, but simply

to secure its prompt, cheap, and effectual transfer to solvent hands.

'For tenants' interests under leases where the value is small, and

where the interests have become complicated, the Landed Estates

Court is too expensive, and so these interests remain often for years

untransferred, in the hands of some one who has a very limited and

often uncertain interest in them. Such a leaseholder is deterred from

making improvements by the state of the law which deprives him of the

entire value of his improvements if anyone should disturb him under

a prior charge or claim, however obscure or unknown, affecting his

interest. The remedy is to be found in an extension of the principle

of the Record of Title Act to the local registry of small leasehold

interests, and in the providing for the local sale of such interests

in a cheap manner, with an absolute title.'

The Land-War in Ireland: A History for the Times · 第 23 / 25 章