The condition of Ireland is admitted by all parties to be such as no

civilised country ever before presented; and what are the remedies

propounded for its amelioration? Simply this, that two hundred

additional police should be employed--that the carrying of arms, or

their possession by a certain class of persons, in certain districts

where crime has _previously_ prevailed, should be a misdemeanour,

and that the expenses of the proceedings to enforce those enactments

should be levied on the inhabitants of the disturbed districts. But

Sir George Grey, while he read his list of horrors, was most cautious

lest he should offend the feelings of (what the member for Cork termed)

"the most endearing and religious people on the face of the earth," by

implicating more than four or five counties in the conspiracy which he

denounced; and too tenacious of the constitutional privileges of the

Irish assassins to propose their general disarmament, or the violation

of the sanctity of their homes by the efficient remedy of nocturnal

domiciliary visits. No: those visits are only to be paid by day,

when the parties suspected of the violation of the law may have full

notice of the approach of the constabulary, and, as a consequence,

full time to remove the arms of which they may be possessed; and they

are _only_ to be made in search of arms, and not at all as a means of

deterring "the endearing" people from leaving their homes at night,

to perpetrate the murders which they now accomplish by day. Another

clause is added, on the efficacy of which Sir George Grey seems to

place great reliance, but which is of so ludicrous a nature that we

scarcely know how to notice it seriously. "The justices and constables

shall have the power to call on all persons between the ages of sixteen

and sixty, residing or living in the district, to assist in the search

for and pursuit of the persons charged with the commission of crime;

and thus," triumphantly exclaims the Home Minister, "it will be the

duty of every person to join in such pursuit, and do his utmost to

assist in discovering and apprehending the offender; and any person

refusing to assist in such pursuit and search, would be guilty of a

misdemeanour, and would be liable to be imprisoned with or without hard

labour for any term not exceeding two years." There is an old adage

that "one man may take a horse to the water, but twenty can't make him

drink;" and so it will be found in reference to the operation of this

most sapient enactment. The justice or the constable may call out the

lieges, but can they induce or compel them to guide them to the haunt

of the murderer? "Not a bit of it;"--they will join most willingly in

the pursuit, but it will certainly be to mislead the pursuers; and, as

the police force is generally found sufficient to vindicate the law,

if they can only arrive when the crime is being perpetrated, they will

not summon any assistance except in those cases where the outrage has

been committed previous to their arrival; and in such instances, the

culprits will have had full time to escape, and the witnesses of the

deed, ample opportunities of arranging their plans for his protection.

We assure Sir George he will find that this clause, all-powerful as

he hopes its operation to prove for the repression of crime, will

remain a dead-letter on the statute-book; for no magistrate, who is

acquainted with the feelings of the people, would be so silly as to

expect efficient support or correct information from them; and no

officer who understood his duty, would hamper himself with a mob of

assistants, whose undoubted object it would be to deceive and thwart

him in its discharge. A story is told, that, during Lord Anglesey's

administration, when Whiteboy offences were prevalent in the South of

Ireland, a Cabinet Council was summoned, at which the then Chancellor,

(Sir Anthony Hart,) having been called upon to give his opinion as

to the best remedy to be adopted for their repression, at once, with

the feelings of an Englishman, declared,--"that he would order the

sheriff to call out the 'posse comitatûs.'" "By my sowl," interposed

Chief Baron O'Grady, in his broad Munster brogue, "my Lord Chancellor,

that's just what we want to avoid!--'the posse's' out already: may be

you could give us some method of getting them to stay at home." And so

it will be with "the posse" of Sir George Grey, if ever called out;

they will prove an encumbrance instead of an assistance to the officers

of justice. But what a lamentable state of ignorance as to the state

of Ireland does the proposal of those most absurd remedies indicate,

on the part of our present rulers! Every one at all acquainted with

the country, knows that the assassin is _never_ selected from the

inhabitants of the immediate neighbourhood where the crime is to be

committed; and yet, by this enactment, only the persons resident in

such districts are to be disarmed, or deprived of the right of openly

carrying arms. And thus, by residing beyond or by stepping over the

ditch which bounds the proscribed locality, the murderer may assert

his right of bearing arms, and defy the police to deprive him of his

gun; or, by altering his position so as to avoid the forbidden ground,

he may coolly wait the advent of his victim without the slightest

danger of molestation. "On the very day that Major Mahon was murdered,"

continues Sir George Grey, "two persons were seen lurking about, who it

was strongly suspected were the murderers. There was, indeed, no moral

doubt that they were the persons by whom the fatal act was committed.

Now, if the police had been armed with the powers which were sought for

by this bill, those persons might have been arrested; the fatal weapons

would have been taken from them, and they would have been amenable to

the law for a misdemeanour, in carrying arms contrary to the provisions

of this act, or for having arms concealed for the purpose of carrying

them to effect a murderous object." Now we deny the Right Honourable

Baronet's conclusions. This enactment could not have prevented the

assassination of Major Mahon, for his murderers had only to choose a

locality where it would not be in operation. Neither will it at all

affect the commission of other meditated murders; _for there is now

organised_ (and we give the information to her Majesty's government, if

they are not already in possession of it,) _a new society_,[55] _who

have regular hired assassins in their pay, for the purpose of pursuing,

wherever they may be found, the denounced persons who have fled the

country and escaped their vengeance._ This may appear incredible; but

it is well known and openly spoken of in the disturbed districts. One

of those bravos, the other day, in Dublin, entered the office of a

marked man, who is agent to an English gentleman, a large proprietor in

a western county; he inquired for the person of whom he was in search,

but who was fortunately absent. Suspicion having been excited by his

contradictory replies to questions which were put to him touching his

business, and from the well known fact that the gentleman he desired

to see was denounced, he was given into custody, and on his person was

found a case of loaded pistols. Now, there can be no doubt that this

man meditated murder; yet he walked off with his arms, and we should be

glad to learn how this enactment, even though it were on the statute

book, could have interfered with his proceedings. Galway, from whence

he came, might be proclaimed, but it is not possible that Dublin,

where he purposed to commit the deed, should ever come under its

operation. We admit that a general and stringent Arms act would have

afforded, both in this and Major Mahon's case, probable protection,

and possibly might have saved many other victims from a premature and

bloody death. And whose fault is it that such is not in existence?

Whose but that of the administration of which the Home Secretary is an

influential member? To overthrow a hostile government, and obtain the

reins of power for themselves, they sacrificed the peace of Ireland

and the lives of multitudes of most estimable persons; and now they

unblushingly come to parliament to ask the enactment of a measure

which they must well know will prove but a mockery and a delusion, as

a substitute for the efficient law which their factious opposition

blotted from the statute book. Have those men hearts to feel or

consciences to be smitten?--if so, what must their sufferings be at the

record of each successive murder, which adds another victim to those

already sacrificed by their fatal and unprincipled policy.

While those provisions of the proposed law, to which we have already

alluded, are utterly inefficient and valueless for the repression of

crime, there is another clause in the bill which inflicts a positive

and unmerited injustice. The proclaimed district is to pay the expense

of the additional police force, necessary for its pacification. Now,

the gentry and large farmers, who are the victims of the system sought

to be repressed, and not its supporters, will be the persons upon whom

this heavy charge must principally fall. The guilty have little or no

land, and, consequently, will be exempt from the increased taxation;

and thus the pockets of the peaceable and well-disposed will be picked,

although their persons may not be protected. We do not understand

why government, which is bound to protect the lives and properties

of its subjects, should mulct those whose safety is their peculiar

charge, because additional expense is rendered necessary to root out

crime, generated and fostered by its own incompetency or neglect. But

this is an administration of political economists, and the loyal and

peaceable portion of the Irish nation need not expect ordinary security

without the payment of an extraordinary price for it, upon the same

principle that the struggling English trader could only obtain monetary

assistance, at a rate of interest too usurious to leave the aid useful.

No wonder that Mr John O'Connell should express his "agreeable

disappointment at the measures proposed," when, in common with the

generality of the public, he expected that the melancholy state of

things would have compelled even the Whigs to originate something

more stringent and effective. Nor need we be surprised, that his

gratitude overcame his discretion. This was but natural, even though it

exposed him to the lash of his more circumspect rival. We have waded

through the entire debates on the state of Ireland, from the schoolboy

puerilities of Mr Adair, to the cold-blooded per centages of Sir George

Grey, and we have discovered nothing which would lead us to anticipate

the adoption of such measures, or of such a system of government, as

would ensure the pacification, and, as a consequence, the prosperity

of that unhappy country. Enough there is of the cuckoo cries of

"developing resources," "introducing capital," "creating domestic

manufactures," &c. &c.; but we would ask those holiday declaimers how

resources are to be developed, or capital introduced, or manufactures

fostered, in a country where property has no rights, and where life has

no protection?

Whoever ventures to propose for the government of Ireland a system,

stringent and effective enough to secure the enjoyment of the fruits

of industry, and the preservation of life, is at once met with the

cry of, "you have tried coercion long enough, and it has failed--try

a conciliatory policy now, and you must surely succeed." But the

truth is, that although both systems have been tried, neither have

been judiciously applied; and it is to the shuffling and changing of

successive administrations, that all the evils which now curse the land

are mainly attributable. "You tried coercion for centuries," the Irish

_patriot_ will exclaim, "and what are you the better for it?"

It is true, that in former days, the Irish peasant was ground to the

dust, and trampled on, when he was faithful, trustworthy, honest, and

submissive. It is true the Popish priest was persecuted, and a price

set upon his head when he was intelligent, educated, loyal, and pious.

But it is equally true, that when the Roman Catholic layman was placed

upon a full equality with his Protestant fellow countryman, and the

Roman Catholic priest was recognised by the law, and protected in the

discharge of his duties, another and an equally mischievous course of

policy was adopted towards both. A sort of political saturnalia was

allowed the emancipated slaves, and they were taught to riot in the

enjoyment of newly acquired liberty. They were misled and corrupted

by cunning and designing demagogues, while the government, which

should have enforced submission to the laws when they had removed all

just causes of complaint, remained passive, until the minds of the

people were poisoned by false representations. Then first was yielded

to political combination as a matter of expediency, that which, if

conceded at all, should only have been granted as a matter of right.

And when, by intimidation and violence, the representation of the

country was vested in the heads of agitation, it became an object of

the last importance to each of the political parties who rule the

country to procure the popular support; and, to accomplish this, no

sacrifice of principle was considered too great, and no concessions

to democratic principles too exorbitant. The Whigs, after they had

coerced with success, were obliged to abandon their protective policy,

because they were denounced as "base, brutal, and bloody;" and then,

adopting the other tack, they boldly launched their bark on the sea of

conciliation. The lowest, and least intelligent class of men, and those

who, from their callings and station in life, were most exposed to

intimidation, were placed indiscriminately on the criminal jury lists.

The right which the Crown enjoys of challenging improper jurors, was

forbidden to be exercised, and, to consummate the glorious triumph of

liberality, "the beloved Normanby" commenced his tour of grace, and,

in the plenitude of his mercy, liberated those malefactors who had

been consigned to the restraint of the gaols by the vindicated laws

of their country. The Peel government followed in the same course as

to the administration of the law, established the poor-houses, issued

the land commission, and suggested the principle of tenant-right. They

permitted the most unbounded liberty of speech and of action; they

allowed hundreds of thousands of men to unite in military array, for

the purpose of dismembering the empire; they endowed Maynooth, founded

the godless colleges, and recognised the temporal rank of the Roman

Catholic prelates, by placing them in royal commissions above the heads

of temporal peers. They complimented O'Connell on his patriotism,

after they had been compelled by his boastful menaces to prosecute him

for sedition, and connived at his escape when they had procured his

conviction. And after those conciliating measures, may we not ask, what

has conciliation accomplished? The answer is obvious: its result is

to be _read_ in the list of crimes which have annihilated all law in

Ireland--it is to be _heard_ in the wailings and lamentations of those

who have been made widows and orphans by the system of assassination

which it has generated and protected.

But if we find that neither unreasonable persecution on the one hand,

nor unjustifiable concessions on the other, have been productive of

good, is that a reason why we should not now have recourse to temporary

measures which are indispensable to secure the action of the law, and

the lives of the Queen's Irish subjects? What is coercion, after all,

but an extraordinary means to enforce the law, and to support the

constitution, when the ordinary means have failed? In England, the law

is respected and obeyed, and the people have sense and discrimination

enough to perceive that their own welfare and safety are identified

with its maintenance. But in Ireland, the case is widely different; we

think it was Swift who said, "that what was considered morally wrong

in other countries was considered morally right in Ireland,"--and if

the Celt be not enlightened enough to appreciate, he must be taught to

respect, the blessings which the British constitution confers upon him.

The utter inefficacy of the measures for which the Whig administration

now seek the sanction of Parliament is not all that we have to

deplore. On reading the debate, there will be found in the tone of

the ministerial speeches, in their promises, and still more in their

omissions, much to be lamented. Instead of boldly insisting on the

vindication of the law as the primary object to be accomplished,

they, to use Sir Robert Peel's expression, "hold parley with the

assassins;" and instead of denouncing with firmness, they palliate, as

far as decency will permit, the conduct of the Irish conspirators, and

studiously avoid all allusion to the transgressions of the priests.

Crime they say, must be repressed, but "a sop is thrown to Cerberus"

at the same time, and an additional stimulus is given to agitation

by the announcement, that a landlord-and-tenant bill is under the

consideration of the government. Now we tell her Majesty's ministers

that they never laboured under a greater delusion, than to suppose

that any measure which they or any other administration can venture to

propose to Parliament, on this subject, will be sufficient to meet the

views or satisfy the wishes of the Irish peasantry; and furthermore,

that even although they did _apparently_ succeed in accomplishing this

object, by other means than a transfer of the property of the land from

the present proprietors to their tenantry, they would be just as far

as ever from effecting the pacification of Ireland. The visionary and

prosy Mr Scrope, or the egotistical Mr Crawford, may occupy themselves

in talking and attempting legislation on a subject which the one does

not understand, and the other is incapable of explaining; but any man

of common sense who comprehends and considers the question, must at

once perceive that great danger must attend on any attempt to legislate

for the exercise of private rights, and that in this instance it would

be an utter impossibility to satisfy the wishes of one party without

absolutely sacrificing the just rights of the other. And, after all,

what is this mysterious measure of "tenant-right," which like the wand

of Aladdin is at once to restore peace and establish order, and to

which the prosperity and happiness of the Protestant north is so often

and so erroneously attributed? If it be what the advocates for its

universal adoption represent it,--namely, "The right of the occupying

tenant to dispose of the interest derivable from the improvement of

his farm, should he fall into arrear or wish to emigrate, and the

possession of what remains of the purchase-money after paying all rent

due, as a recompense for his labour, skill, and expenditure,"--we at

once answer that nothing can be more reasonable, unexceptionable,

or just; but is any man so silly as to suppose that such a measure,

if carried, would satisfy the desires of the Munster peasant? As Mr

O'Connell used to say, he would cry "Thank you for nothing,"--he is

much better off at present than he could be under any such arrangement;

he in reality not only makes the want of tenant-right an excuse for his

indolence and dishonesty, but he uses it as a cloak for his meditated

spoliation.

Mr Griffith, the government valuator, stated in his examination before

Lord Devon's commission, that his valuation was based upon the market

price of certain articles of agricultural produce, which, at the time

he commenced his proceedings, were _ten per cent_ higher in value than

they were at the time when the act which authorised his valuation was

passed; and that, consequently, being restricted to the respective

values attached to each article in the schedule of that act, his

valuation was in the first instance ten per cent _under_ what it would

have been had he not laboured under such a restriction. He further

says, that while in the north the rent actually paid amounted in most

instances to from thirty to fifty per cent _above his valuation_, in

the western counties it was not much if at all more than the value he

had put upon the land; and yet, he adds, the peasantry in the north,

paying those high rents, were industrious, prosperous, and happy, while

those in the west, who held better land on so much more reasonable

terms, were steeped in misery and crime. It is then manifestly unjust

to attribute the poverty of Connaught to the exorbitance of the rents,

or the prosperity of Ulster to the moderate price exacted for the

land. But then the northern tenant is secured remuneration for his

toils if he wish to dispose of his tenant-right:--admitted,--but the

southern and western tenant has still the advantage, for he sells or is

compensated where he has never made any improvements at all. There is

no absolute law to protect the right of the tenant in either case: but

whereas custom, a due regard to justice, and we may also add, to his

own interests, induce the northern landlord to consent to a sale which

will secure not only his rent, but a thriving instead of a failing

tenant,--intimidation and violence compel the southern landlord not

only to forgive all rent due by a defaulting tenant, (and that in most

cases amounting to three or four years) but also, after he has been

put to heavy legal expenses, to _compensate_ him for leaving his house

a wreck and his land a wilderness. Under such circumstances, can it

be supposed for a moment that any landlord would refuse a tenant the

right to sell, thereby avoiding the loss of his arrears; or that he

would prefer to evict at a heavy legal expense, and then in the end

remunerate, in order that he might conciliate the outgoing tenant, and

thus escape being shot?

Tenant-right is as really, though not so ostensibly, enjoyed in the

south as in the north; and if we hear of _sales_ of tenant-right

in the one and not in the other locality, the difference arises

from the fact that the northern tenant having improved his land,

advertises his interest in it and sells, while the southern tenant

having deteriorated, instead of having improved his farm, compensates

himself for "his right of possession" by mulcting his landlord, and

levying a species of black mail under the name of "good-will" money

from his successors. Is any man weak enough to suppose that, if the

southern tenant was secured by law a right to sell that which his

indolent and lawless habits will not permit him to make, (improvements

on his farm) such a contingent right would in any wise reconcile him

to his condition, or render him more obedient to the law? Before the

emancipation act passed, it was said by the leaders of the people,

"Grant us this, and you secure peace and tranquillity to the land;"

and the same has been said with regard to every other concession

which they exacted. Peace was to follow the abolition of the tithes,

the enactment of the Reform Bill, and the recognition of the right

of the destitute to obtain support from the land: but what has been

the consequence? Each successive triumph of the Popular Party has but

imboldened their pretensions, and confirmed them in the doctrine which

they have been assiduously taught--that "to succeed they have only to

combine:"--and so it will be with tenant-right; give them what their

advocates _profess to ask for_, and you will have them clamorous for

more. This tenant question has been adopted as a sort of safety-valve

to secure an escape for the leaders of repeal, now that the delusion on

that question can no longer be upheld; and its agitation is prosecuted

with vigour by the priests, because, by means of it, they hope not only

to strike down their hated rivals, the landlords, but to secure the

overthrow of all those legal rights by which the possession of property

is guaranteed.

It is not, we presume, contemplated that land should be held without

payment of any rent, save what the tenant may see fit to give the

owner of it, after he has secured from the produce of his farm enough

for his own "comfortable and independent subsistence." Neither do we

suppose that government will sanction a law, by which the tenant in

possession shall remain so in perpetuity, subject to the payment of

such surplusage of his profits as he shall find it convenient to bestow

upon his landlord: yet those are precisely the doctrines laid down at

the tenant-right demonstrations, and any thing granted short of these

will be considered as a blinking of the question, and treated as an

attempt to delude and deceive the people.

Blackwood's Edinburgh Magazine, Volume 63, No. 387, January, 1848 · 第 19 / 21 段