The Downshire was only one of many scores of estates in which the tenant right was exceedingly high, that is, the sums paid, at existing rents, on the transfer of farms, were very great, yet in all these instances this striking fact was not taken into account. It cannot cause surprise that, at a judicial inquiry held afterwards to review the subject, tenants'

advocates endeavoured to exclude the evidence which, in the judgment of plain men of sense, affords almost a decisive indication as to whether given rents are 'fair.' It has been argued, however, that the price of tenant right, that is, the sums paid by incoming to outgoing tenants, on the sale of farms, at the current rents, ought to form no element in the fixing of 'fair rent;' it is only just to set forth the reasons. Mr.

Bailey, the able legal Sub-Commissioner, referred to before, has explained them in this pa.s.sage: 'Do you attend to tenant right in considering the fair rent?--No, we do not. The view we take of it is this. The tenant right paid for land is paid for something of an altogether different character from the rent of the land.... When a tenant sells his interest in his holding, he sells two things, first, the improvements on the holding, and secondly, his goodwill or share of the gross product of the holding.... When you put these two items together, viz. improvements and goodwill, it seems to me that the prices paid for tenant right are not at all remarkable. Then your view is that the price paid for tenant right throws no light on what the fair rent ought to be?--No, no light at all.'

Mr. Bailey has added these significant words: 'The tenant does not buy at the rent which the tenement at present stands at, but he buys with a possible increase or reduction of the rent?--Quite so. And in latter years with the fall of prices he was buying with the expectation of a very considerable reduction?--Undoubtedly.'[112]

The first of these arguments appears to me to be wholly irrelevant to the real question. Undoubtedly the tenant right of a farm represents the tenant's improvements and his interest in the land, and is completely distinct from the rent; and this is acquired on a sale by an incoming tenant. But the purchaser buys the tenant right, subject to the first charge, the rent; if the rent were excessive, or even high, either he would not buy at all, or he would pay a low price; when, therefore, we find the tenant right commanding very large sums, the conclusion is inevitable, that, taking human nature as it is, the rent must be in the nature of a 'fair rent.' The Sub-Commissions rejected a plain inference they ought to have drawn; that they refused to give weight to an all-important fact cannot be justified in any sense; and the result has been that in hundreds of cases they have done grave wrong to landlords. As for the second argument, it is very probable that in many instances tenants purchased farms in the antic.i.p.ation of a reduction of rent; they speculated--a significant fact--that the Sub-Commissions would 'bear' the market; but even, on that supposition, this can hardly explain the huge sums paid for tenant right while the existing rents were current. For the rest, I refer to part of my own evidence given on this subject at the same inquiry; readers of ordinary intelligence may judge for themselves: 'The first question I ask the tenant is, "How much will you take for the land, 100, 200, 300; ten, fifteen, twenty, or forty years' rent?" But I never can get an answer. They say, "Oh, your honour, I am here to look after a 'fair rent,' and I am not going to tell your honour what I am going to ask for the land." However, I have a very shrewd notion.... You take into consideration in fixing the fair rent the price paid by the tenants?--Yes, the price which an incoming tenant would give, because I am not one of those who think that the Irish tenant is a fool; and when I find an incoming tenant giving ten, fifteen, twenty, and thirty years' purchase for a farm, I have a very shrewd suspicion that the rent is right.'[113]

It was under these conditions, and by proceedings of this kind, that the Sub-Commissions, bodies of ill-paid men, dependent upon the will of the Government, and const.i.tuted to give effect to a policy, were sent throughout Ireland to 'fix fair rents.' They had no a.s.sistance, we have seen, from the Land Commission; they often entertained very different views; but their uniform course was in the same direction; they indiscriminately abated rents, as they would abate a nuisance. In fact, they might have joined in the chorus of the doctors of Moliere: 'Et saignare, et purgare, et clysteriasaire;' they applied the same remedies to all their victims, and brought them nearly all into the same weak and low condition. But there was a right of appeal from the Sub-Commissions to the Land Commission; and this tribunal, certainly designed to have absolute power in the determination of rent, ought surely to have been expected to redress injustice. I approach a part of the subject on which the plain truth must be told, without making personal imputations of any kind. Appeals from the Sub-Commissions were numbered by many thousands; and, as I have said--an iniquitous provision of the Act of 1881--the decisions of the Land Commission on the subject of 'fair rent' was made final, at least as regards the rate of rent; there was to be no further appeal to a higher tribunal. I quote these significant remarks on this restriction: 'In an ordinary case, I need not tell you, sir, who are conversant with the procedure of Courts of Justice, a litigant, in a civil case, no matter how much the issue may be involved, has the right, if he thinks fit, of taking the case from one Court to another, until he reaches the highest tribunal of the land, the House of Lords. And as you know, there is a well-known case, which the House of Lords had to decide, in which the amount involved was one penny, an alleged overcharge on a railway ticket; but in these land cases, where there may be, and often is, a sum of 200, 300, or 400 a year involved, because in some of the large farms in this country there have been reductions of 300 and even of 400 in the rent, under the Act of Parliament they cannot go beyond the Head Land Commission, upon any question of value. That is the Act of Parliament whether it be right or wrong. There it is, and I am not here to discuss the policy of the Act. But when a rehearing is given by the Act of Parliament to the Land Commission, and when the Land Commission are const.i.tuted the final judges in such large and important matters, it is obviously of great importance that the final rehearing should be full, and in every respect what the Act of Parliament says it is to be, namely, a rehearing.'[114]

The Land Commission sometimes heard these appeals at length, though usually their proceedings were summary in the extreme. The Commissioners occasionally p.r.o.nounced well-considered judgments, on the difficult questions of law that came before them, especially as regards the exemption of tenants' improvements from rent; in several instances the results were curious. The lay Commissioner now and then dissented from his legal colleagues; his plain common sense rejected theories in tenants'

interests; his decisions were more than once confirmed, on these points of law, by the highest Court of Appeal in Ireland, a circ.u.mstance of no slight significance. Nineteen-twentieths, however, of these appeals were conversant only with the amount of 'fair rent,' as to which the conclusions of the Land Commission could not be challenged. The Land Commissioners undoubtedly heard these cases, and sometimes had much evidence brought before them; in tolerably many instances they varied the 'fair rents' fixed by the Sub-Commissions, if these variations were seldom important. But the Land Commission practically adopted, with scarcely a single exception, the errors of principle and the faulty methods which had marked the practice and the proceedings of the Sub-Commissions.[115] They excluded the element of compet.i.tion from the subject of 'fair rent;' they never attempted to define 'fair rent,' or to establish a standard by which to gauge it; they disregarded, to a considerable extent at least, the distinction between the rentals of the old and the new landlords; they paid little or no attention to the fact that rents had been paid for many years without an increase; they hardly ever took deterioration into account, or the expenditure made on their estates by landlords. And in the actual fixing of 'fair rents' they virtually followed in the wake of their inferiors; they rejected, as a rule, the evidence that was most relevant; they refused to consider the rents of adjoining or neighbouring lands, in a word, the price of the market, in determining rent; above all, they gave scarcely any heed to the enormous sums paid for the tenant right of lands, as an indication that their rents were 'fair.' On all these particulars, in a word, supremely important as they were, they almost said ditto to the Sub-Commissions; in these respects the appeals were well-nigh useless. It should be added that the animus of the head of the Land Commission was significantly exhibited on one striking occasion. When opening the proceedings of the Land Commission, Mr. Justice O'Hagan pointedly laid it down, that the object of the Act of 1881 was 'to make tenants live and thrive;' in other words, as Lord Salisbury indignantly remarked, to compel rent to gravitate to the level of the most indolent and worthless Irish peasant, and practically to discourage industry.

These considerations indicate, to some extent at least, the nature and especially the value of these appeals. But this was not all, or nearly all; there was a grave miscarriage of the simplest justice in this important province. Appeals, I have said, came in, in thousands; the work thrown on the Land Commissioners was immense; as one of their present successors remarked, 'If proper consideration' (had been) 'given to all the appeals you would' (have) 'wanted ten Appeal Courts to do it;'[116] as was said again substantially, 'Appeals would have crushed the Land Commissioners, had they not been crushed by them.'[117] In this position of affairs, the Land Commissioners, no doubt with no bad or sinister purpose, adopted what must be called a device, to enable them quickly to dispose of appeals, nay, almost in a summary way. They were empowered, under the Act of 1881, to appoint 'independent valuers' to examine lands, and to report on the subject of their 'fair rents;' it was never contemplated that statements of this kind were to dispense with the duty of hearing appeals in detail, and p.r.o.nouncing solemn judgments upon them; but, practically, the Land Commissioners, in the great ma.s.s of instances, when adjudicating on appeals, as regards 'fair rents,' almost wholly relied on the reports of these valuers, who, be it observed, were in no sense witnesses, and were not subject to examination on the part of the suitors before the Court. In a word, the Land Commissioners did not exclude other kinds of evidence; but unquestionably the dicta of the valuers, as a rule, determined the decisions they made on 'fair rent.'

This expedient greatly accelerated appeals; but it reduced the right of appeal well-nigh to a sham; and this procedure was by many degrees more repugnant to justice than that of the Sub-Commissions. In an inquiry held before the House of Lords in 1882, an eminent member of the Irish bar remarked, 'It was the most unsatisfactory tribunal that I ever was before.

What occurred was this: they took up the figures of the old rent, which we will say was 100, and the valuation 70, and the new rent 80. Then they took up the valuer's report, which was a doc.u.ment concealed from the parties. It was entirely for the information of the Court, and they turned round to me, as the landlord's counsel, the landlord being the appellant, and said, "Can you go on with this appeal in the face of this doc.u.ment?"

and they would show me the doc.u.ment.'[118] And in the inquiry I have often referred to before, another distinguished lawyer has said, 'I have been in cases where, in order to overcome the difficulty, I marshalled a perfect phalanx of witnesses, for the landlord, but it was all no use. They listened to them, I admit,--they suggested that I was wasting time, but I am not stating they did not hear them,--but in the end, in the morning, the announcement was made that the judicial rent was confirmed.'[119]

As the general result these appeals, as it has been said, 'were strangled;' in thousands of instances they were withdrawn, the decisions of the Land Commission being final; expedition was attained; but it was only attained at the cost of gross wrong done to the landlords, a singular exhibition in a Court of Justice. I quote the following--and it should be borne in mind that the Land Commissioners have never attempted to explain this conduct, though the amplest opportunity was afforded, a few years ago: 'The extraordinary and anomalous state of things is that the valuers, not being a.s.sessors, do not sit with the Commissioners, and do not hear the evidence, and yet they are not witnesses in the proper sense of the term, because they are neither examined nor cross-examined. Common sense and justice revolt at the idea, when it is the duty of the Land Commissioners, upon the rehearing of a case, to sit and go through the proceedings _de novo_, that they should receive the evidence of valuers, which is not laid before the parties, and that those valuers should not be examined and cross-examined in the regular way. There is another matter to which I would refer. You will find, what is, indeed, what you might expect, that when the Commissioners go to Dublin, or Cork, or elsewhere, with a list of two or three hundred cases to be heard by them, involving, it may be, thousands of pounds a year of rent, that list is gone through in two or three days, and why? Because all the parties present know that they are taking part in what really is a solemn farce, and that what will happen in the morning after the hearing of their case is just this: John Brown, landlord, James Fogarty, tenant; judicial rent affirmed; John Robinson, landlord, James McNorth, tenant; judicial rent affirmed.'[120]

The first set of Land Commissioners pa.s.sed away; they were succeeded by a second Land Commission, the president of which was Mr. Justice Bewley, an accomplished, if not a very eminent, lawyer. This Commission, like the other, was composed of honourable men; it is only just to remark that it was bound by the bad precedents made by the tribunal which it had replaced. The procedure of the Sub-Commissions was, in some degree, improved; but the methods of the second Land Commission differed for the worse where they differed from the methods of its predecessor. The Land Commissioners appear to have not at all regarded the general principles in fixing 'fair rent,' which ought to have had effect on their judgments; they gave less weight, than Mr. Justice O'Hagan, and his colleagues did, to the most important evidence, in this province, to which I have adverted before, and laid too much stress on the least important evidence. As has been truly remarked, 'We believe that much more attention was paid in the early days of the Land Commission to the remaining kinds of popular evidence than has been the case of late years; and we are a.s.sured by one of the head Commissioners that the Act of 1896 has made a great change in the fixing of fair rents by placing an emphasis on the technical evidence, and throwing the popular evidence into the background.'[121] The Commissioners, too, followed the bad example of the first Land Commission, in the province of appeals; they practically disregarded almost everything but the reports of their valuers, unchecked statements made by men who were not even witnesses, were not sworn, and were not examined--a procedure worthy of the Council of Ten at Venice; as before, the result was that appeals were made all but fruitless, in the Court of which the decisions were, in this respect, final.

There was, too, another grave miscarriage of justice caused, perhaps, by a mistake made by the head of the second Land Commission. The Act of 1881 provided that 'fair rent' should be fixed, having due regard to the 'interest' of the tenant on the land, that is, to his improvements, and perhaps to the mode of his tenure. Mr. Justice Bewley seems to have decided that another element ought to be taken into account, and should effect a reduction of rent; the tenant had 'an occupation right' in his favour, over and above the 'interest' the law gave him; by reason of this he had a right to have his rent cut down. The only plausible ground alleged for this doctrine was that landlords would usually accept a lower rent from a 'sitting' tenant in possession than from an incoming tenant; in other words, their good nature was turned against them, and was to be made a pretext for their being despoiled. It is just to observe that Mr.

Justice Bewley's colleagues dissented from this curious view of the law; and the claim for 'occupation right' has since been blown to the winds in the superior Courts of Ireland. But though many faint denials were made, some of the Sub-Commissioners acted upon Mr. Justice Bewley's doctrine; the evidence is conclusive that this imaginary right was made the means of considerably reducing rent. Mr. Justice Bewley candidly admitted: 'From the commencement, apparently, a number of the Sub-Commissioners have acted on the principle that there is a certain occupation interest, which every tenant has, varying according to circ.u.mstances, not any fixed amount, but varying, and that that is to be taken into account in fixing the fair rent.'[122] This statement has been confirmed by a host of witnesses by no means willing in not a few instances. 'Would you make a difference between the a.s.sessment of the fair rent in the case of a sitting tenant, and in the case of an incoming tenant--a stranger? Certainly. Can you give us any idea what that difference is, expressed in percentage?--I could not very well answer that question. It is a mental calculation, and a good deal would depend upon the length of the tenure of the tenant.'[123] And again: 'In your experience of the Land Commission Court, do you find the "occupation interest" has been taken into account in fixing the fair rent?--Yes, I cannot account for the reductions that have been made, except on that supposition.'[124] And again: 'As far as your experience goes, do they invariably value the holdings on the principle of giving an occupation interest to the sitting tenant?--Yes, the tenants' valuers, as a rule, give 40 or 50 per cent. as the interest of the sitting tenant....

Do you find that the Sub-Commissioners fix the rent on what the valuers state?--Well, no; that would be going too much out of the way.'[125] And again: 'Have you any doubt that the rents are fixed on the basis of the occupation interest in the sitting tenant?--I have none. I do not know how else the rents could have been arrived at.'[126] And once more: 'Did the Sub-Commissioners invariably take the occupation interest of the sitting tenant into account?--I think so.' I conclude with these remarks of Mr.

Barnes, one of the best and most impartial of Irish valuers: 'When I came to give evidence in Court I found that nothing else would be accepted as evidence unless based on occupation interest. It was almost the first question.... Whenever there was an answer made that the valuation was based on what the landlord would get for the land in his own hands, it was discounted at once.'[127] No wonder that it has been alleged by the highest authority with respect to this claim, since proved to have been unfounded, guarded and cautious as the language is: 'There is, however, reason to believe that this notion of an occupation interest existed in the minds of some of the early valuers, and did, in fact, influence them, and it is very possible that some cases in which the reductions there made appear startling, may be, in part, attributable to this doctrine.'[128]

What amount of the rental of Ireland was unlawfully cut down owing to the theory of 'occupation right,' it is, of course, impossible to ascertain.

Reductions of rent, too, were probably unjustly made through the ignorance of the Land Commission as to agricultural matters. I refer to a grotesque instance of this: 'You have marked a pa.s.sage there in the judgment, which, according to you, shows that owing to their ignorance as experts they entirely mistook what six-course rotation meant?--Yes. The fact is they took it to be the same crop in the whole seventy acres, that instead of having so many different crops in this portion of the ground, it was to be put into one crop for the year, and that is what they call "rotation" in the Court of Rehearing.... It is plain enough, from the authorised report of the judgment, that they made that mistake?--It is clear as possible, and it was upon that that they threw me out. The tenant himself knew that it was all absurdity and mistake.'[129]

A remarkable incident occurred in 1897 which threw a strong, if not a complete, light on the proceedings of the Land Commission and its Sub-Commissions in the adjustment of rent. In 1896 the time had come for renewing the first statutory leases, under the Act of 1881; the Commissioners suddenly made such enormous reductions of rent that persons who knew Ireland were simply astounded. The Irish landlords naturally were indignant; after some hesitation, and with plain reluctance, the Government gave its consent to a very imperfect inquiry. A Commission, presided over by Sir Edward Fry, a judge of the highest eminence, retired from office, and composed of four additional colleagues, two being well-known agricultural experts, was appointed to investigate the subject on the spot; but the scope of the inquiry was limited in the extreme; it was confined, in this respect, to examining the procedure and practice adopted in fixing 'fair rents;' it did not extend to the conduct generally of the Land Commission and its dependent tribunals. The Commission was engaged nearly three months in its task; it held its sittings in different parts of Ireland; it had before it 183 witnesses; and restricted as it was in this province, it p.r.o.nounced, in grave and judicial language, a marked censure on the methods that had been followed in fixing 'fair rents' in Ireland. In fact, Sir Edward Fry and his colleagues confirmed, in many respects, the charges which I have made with regard to this whole system. No doubt they reported, in very guarded words, 'that they were unable to conclude that the machinery of the Land Statutes has been uniformly worked with injustice towards landlords;'[130] but as they pointedly refused to rehear a single case, in which the Land Commission and the Sub-Commissions had fixed a 'fair rent,' this statement, ambiguous as it is, is of no real importance. In other particulars the expression of these opinions cannot be mistaken; to impartial minds it will appear decisive. They evidently thought that such wrong had been done to landlords owing to the want of a definition of 'fair rent,' that they actually framed a definition of their own, in order to establish some kind of standard; this did not widely differ from that of Mr. Law, which, I have said, would have made things very different had it been adopted.[131]

They pointed out that the Land Commissioners should have a.s.sisted the Sub-Commissions in fixing 'fair rents,' and should not have left them 'like ships without a rudder or a compa.s.s on a stormy sea;' it is 'a subject of regret,' they reported, 'that in the early days of the system the Land Commissioners were unable to take a part in the tribunals of first instance; and that the whole original business was left to Sub-Commissions.'[132] They strongly condemned the nature of the Sub-Commission Courts, as being composed of members inadequately paid and mere tenants at sufferance; and they put forward an elaborate scheme to make the administration of justice in these tribunals more above suspicion.[133] They evidently believed that the Land Commission and the Sub-Commissions did not give due weight to the cla.s.s of evidence that was most important, and gave too much weight to that which was the least; and they made significant observations on this subject.[134] On the whole, they arrived at the conclusion that the fixing of 'fair rents' 'gives opportunity for dissatisfaction, and leaves much more for improvement; ...

and that the settlement of fair rents has been effected in an unsatisfactory manner, with diversity of opinion and practice, sometimes with carelessness, and sometimes with that bias towards one side or the other which exists in many honest minds.'[135] But their strongest animadversion was found in the system, through which, I have said, the Land Commission really 'strangled' appeals, though in this province its decisions were final: 'An almost universal dissatisfaction is expressed with regard to these appeals, a dissatisfaction felt by some at least of the Commissioners themselves. No witness, with, perhaps, a single exception, spoke in favour of the existing system.'[136]

Mr. Justice Bewley has retired from office, and has been replaced by Mr.

Justice Meredith, a capable and experienced lawyer. He has done, probably as much as in him lay, to alleviate some of the wrong done to Irish landlords; and for this he has been subjected to violent abuse, especially on the part of an advocate of Ulster farmers, whose tongue is at odds with his trade in temperance. But he is bound by the precedents set by those who have gone before him; and though the work of the Land Commission is now better done than it was before the Report of the Fry Commission appeared, and its general procedure has improved, little change has been effected in the reduction of rent in Ireland. The Government, as I have pointed out in a preceding chapter, has made a few administrative reforms in the composition and the arrangement of the Sub-Commissions; but it has not taken a single step to give effect to the recommendations made by the Fry Commission, so far as these are of real importance; it has refused to legislate on the subject, and to bring in the measure that was required; it has even refused to set a further inquiry on foot. The general results of the labours of the Land Commission and of its subordinate tribunals in fixing 'fair rents' may be summed up in a very few sentences. According to the Report of the Fry Commission, the tenants of rural holdings in Ireland are about 486,000 in number; 328,720 of these have had 'fair rents' fixed, between August, 1881, and the end of March, 1900.[137] The tenants, who have not had 'fair rents' fixed, are probably either tenants of lands not within the Land Acts, or 'future tenants' since 1881-82, or tenants too poor to pay law costs; but these, perhaps in nine cases out of ten, have indirectly had the benefit of the law, and have had their rents reduced like those of the large majority, by voluntary concessions on the part of landlords. The great ma.s.s of 'fair rents' has been fixed by the Land Commission and its dependents, and the proceedings of these tribunals have, beyond question, formed a standard for the adjustment of rent; whether 'fair rents' have been fixed by the County Courts,[138] or by agreements between landlord and tenant, they have, in the main, conformed to the measure established by the Courts set up in 1881. The reductions of rent made, in every way, in the first statutory leases, were, on an average, rather more than 20 per cent. on the old rental;[139] but those on the second statutory leases have been 22 per cent. more,[140] that is, the fixing of 'fair rents,' so far as it has gone, has reduced rents rather more than 42 per cent. It may be a.s.serted, with some confidence, that through the operation of the new Irish land code, taking in tenancies of all kinds, Irish rents have been cut down nearly 40 per cent.; little doubt can exist that they are now lower than they were in the day of Wakefield, and in some instances in the day of Arthur Young, when the price of Irish agricultural produce was less than half what it is at the present time.[141]

The agricultural rental of Ireland, therefore, in all probability, has been reduced almost 40 per cent., or will be in a short s.p.a.ce of time; and as long as the present system of fixing 'fair rent' continues, however it may be lowered, it will certainly not be raised. The Act of 1881, I have already said, would, by itself, necessarily reduce rents; but the faulty administration of it, on which I have dwelt, has reduced them far more than ought to have been the case. In fact, disguise it as you may, an immense confiscation, gradual, indeed, and veiled, but not the less real, has been made of the property of Irish landlords, even on the principles of a bad law; the evidence of this is, I believe, conclusive. Rents have been cut down indiscriminately in the great ma.s.s of instances; for example, rents in country districts only opened to good markets of late years, have been reduced quite as much as rents around Dublin, which had almost a monopoly of the best market until about 1855-60. But the proof of this spoliation is made most apparent by taking into account a single fact, and drawing the natural inference from it. The value of the landlords' interest in the land, before 1881, was from 20 to 25 years'

purchase; it is now between 15 and 18; at the same time the value of the tenants' interest has, in thousands of cases, enormously increased. I refer to a few examples out of scores to be found in the evidence given to the Fry Commission. I take first an estate in Ulster: 'I only remember one case of a holding before 1881 that went up (in a sale of the farm) to anything like 20 years' purchase of the rent, and I have several cases since then that have gone beyond it. I remember one case that struck me very forcibly because of the great amount the man got--20 years' purchase.

Since then I have known, 29, 35, 36, 34 years' purchase to be given.' I turn now to two estates in the south of Ireland: 'Charles Bolster, 112 acres; rent 79 5_s._; sold for 570 in 1889. Daniel Buckley, 9 acres, at rent of 3 3_s._; sold in 1889 for 45. Christopher Crofts, 131 acres; old rent, 86; judicial rent fixed in 1893, 80; sold in 1889 for 120.

Timothy Reefe, 5 acres; rent, 29_s._; sold in 1891 for 47.' I pa.s.s on to the second estate: 'Next case, 65 acres; old rent, 60; judicial rent, 56 14_s._, fixed in 1883 by agreement; sold in 1883 for 330. Next, 76 statute acres; old rent, 115; judicial rent fixed in 1885 at 108; sold in December, 1885, for 1600.'[142]

This great fall in the value of the fee simple in the Irish land, and this great rise in the value of the tenant right, coinciding with the general fixing of 'fair rents,' distinctly point to a plain conclusion: the interest of the Irish landlord has been enormously reduced, a result never contemplated by the author of the Act of 1881. In truth, there has been little or no decline in the market price of land in Ireland; but property that ought to belong to the landlord has been improperly taken from him, and has been transferred to the tenant who had no right to it. Excuses, however, have been made for this wholesale abolition of rent; they are worthless, but may be briefly noticed. Ireland, it is said, is suffering, like England, from the agricultural depression of late years; and rents in Ireland have not been cut down more by the act of the State than they have been reduced in England by the voluntary acts of landlords. But agricultural depression in Ireland, a land of small holdings, and of pasturage, to a considerable extent, is not, by many degrees, as severe as in England, a land of large farms and largely of cereal culture; a signal proof of this is that, while in England, tenants have, in hundreds of instances, thrown up their farms, there has hardly been a case of the kind in Ireland, as appears from the Report of the Fry Commission. Besides, if agricultural prices have fallen in Ireland, compared to what they were, say, twenty-five years ago, they are higher than they were in the years, say, 1850-55, not to take into account the progress made by Ireland, in the last half-century, in crops, farm machinery, and the breeds of farming animals. As to the reduction of rents in England and Ireland, the supposed a.n.a.logy completely fails. The rental of England rose greatly from 1850 to 1880; there was no corresponding increase in Ireland; there was thus a margin for reduction, in the greater island, which in the lesser did not exist. Again, no comparison can be made between State-settled Irish rents and English rents lowered by the voluntary acts of landlords. 'Fair rents'

have practically been reduced for all time; the reduction of English rents is temporary, and can be at once annulled; this difference makes a supposed resemblance a very striking contrast. As to the argument that the Courts which have fixed 'fair rents' have been composed of honourable men, and that it is extremely invidious to make charges against them, mere leather and prunella may be brushed aside. No one disputes the honour of the Land and the Sub-Commissioners, but it does not follow that they have not done injustice; no one has disputed the honour of the Commission which carried out the Enc.u.mbered Estates Act, and yet it repeatedly sold estates at less than half their value.

The Irish landlords, I repeat, have been iniquitously despoiled; a huge confiscation has been made of their property. If the simplest right is to be done in this province, their claim to compensation has been rendered complete--apart from the utterances of Mr. Gladstone; should this be disregarded, Parliament will have been chargeable with a grave breach of faith, and a precedent will have been set from trampling on the just rights of property in the Three Kingdoms, which will be dangerous in the extreme. I pa.s.s on to consider the Irish land on the side of ownership, and the administration of the system of so-called 'land purchase.' Of the total of 40,000,000 alone available, some 20,000,000 appear to have been expended; some 50,000 tenants have been made owners of their farms, without having paid a shilling of their own, that is, rather more than one in ten of the whole tenant cla.s.s in Ireland. The politicians who declared against 'dual ownership,' that bugbear of self-sufficient ignorance, can find little consolation in these figures; I shall comment afterwards on what this state of things has produced. The Government of Lord Salisbury still proposes to seek to accelerate 'land purchase' of this kind; and loud complaints have been made of the law's delay in not having made the process more speedy. I have had no experience in this matter, and shall, therefore, give no opinion on it; but it appears to me that there has been some want of care in making advances to these so-styled 'purchasers;' not a few were insolvent when they acquired their farms, and many are now on the verge of bankruptcy. This, however, was perhaps inseparable from the system that has been pursued; it is only an additional proof of its essential vices.

CHAPTER VI

THE QUESTION OF THE IRISH LAND (_continued_)--PROPOSED REFORM OF THE IRISH LAND SYSTEM

Retrospect of the present Irish land system--Position of the Irish landlords--Position of the Irish tenant cla.s.s--This not as advantageous as might be supposed--The effects of the land code on Irish agriculture injurious--The effects on the general Irish community--Confiscation, violation of contracts, shock given to credit, increased alienation of cla.s.ses, and demoralisation--The land system considered on the side of ownership--'Voluntary purchase'--Mischief of this policy--It sets up a false standard against rent, and creates unjust distinctions between different cla.s.ses of tenants--The results it has produced already--An instance of the system--The demand for the compulsory purchase of the Irish land caused by 'voluntary purchase'--Compulsory purchase has some hold on opinion, but is an impossible, and would be a disgraceful and ruinous policy--It would ruin Irish landlords as a cla.s.s--Instances--It would ultimately bring Ireland into the state in which she was before the Great Famine--Proposed plan for the reform of Irish land tenure--Questions as to the means of compensating Irish landlords, a deeply wronged order of men.

Having traced the attempts that have been made to reform Irish land tenure, in the last thirty years, and noticed the administration of the new Irish land code, I must, for the sake of clearness, take a short retrospect, and consider the Irish land system as it exists at this day; I shall review it on the side of occupation first, that is, in the relations of landlord and tenant. The agricultural rental of Ireland, we have seen, has been, or is being, reduced about 40 per cent. since 1881, through the operation of laws carried out by tribunals of the State; this proceeding, unexampled in civilised lands, has been the means, I have proved, of doing gross wrong to the Irish landed gentry. But this, if a signal, is only one of the many acts of injustice perpetrated on a cruelly injured body of men. The fee simple has been wrested from the Irish landlord, where he has been subjected to the legislation of late years; he has been deprived of the ownership which had been his birthright. An estate, nominally for fifteen years, but really capable of being renewed for ever, has been created against him by an unjust law; and this has been vested in his former tenants, subject to the mode of land tenure known as the 'Three F's,' the chief of these being 'fair,' that is, State-settled rents, in the adjustment of which he has no voice. He may, no doubt, retain fragments of his old proprietary rights; parts of his estate may be excluded from the provisions of the law; he may be the lord of 'future tenants;' he is left 'royalties,' such as minerals, mines, and timber; he possesses most of his former legal remedies; and should the holders of the lands, which had been his own, who have obtained the benefits of the 'Three F's,' infringe the statutory conditions imposed on them, they may be dispossessed, and he may enter upon their farms again. But, notwithstanding exceptions and possibilities like these, the Irish landlord has, for practical purposes, been well-nigh a.s.similated to a rent-charger, and his tenants have been nearly converted into owners of the soil, an utter revolution in the whole land system, in truth, turning it upside down. The status, indeed, of the Irish landed gentry now bears a strong resemblance to that of the chief landlords of the eighteenth century, who, separating themselves altogether from their lands, let them in perpetuity at low rents, and, as a necessary consequence, produced the middleman, the pest, as he has rightly been called, of Irish land tenure.

The enormous and, as I believe, the unjust benefits secured by recent legislation to the Irish tenant, are not, however, so complete as they appear to be, and are not without disadvantages attendant on them. Tenants of holdings, to which the law does not apply, such as tenants of demesnes and large pastoral lands, if rightly excluded, nevertheless complain; and 'future tenants,' and petty occupants, who cannot afford to seek 'fair rents' from the Courts, have, from their point of view, solid grounds of complaint. The scope of the new land code is, therefore, to some extent, restricted; and if the law has actually caused a general reduction of rents, it has not secured the 'Three F's' for a considerable body of farmers, not improbably a fourth or fifth part of the cla.s.s as a whole.

And even the occupiers of the Irish soil, who have obtained the advantages of the new mode of tenure, have not obtained these without a certain kind of drawback. Completely separated as they now are from their former landlords, they cannot expect indulgences from a cla.s.s which considers itself to have been shamefully wronged; the allowances, which, whatever may be said, had been made to them, in thousands of cases, have, as a rule, been altogether withdrawn; they get no help in making improvements; they are usually obliged regularly to pay their 'fair rents;' above all, landlords, of a strict or harsh nature, are sometimes on the look-out to see if they do not violate the statutory conditions to which they are subject, in order to convert them into 'future tenants,' outside of the protection of the law, and even to reacquire their lands. These circ.u.mstances are not without adverse effects; though unquestionably they are far more than countervailed by the change which has been wrought in Irish land tenure, and has given the Irish tenant the benefits already described. Yet, even from this point of view, the law does not operate as unreservedly in his favour as might be supposed. He has his 'fair rent,'

probably much too low; his 'fixity of tenure,' a perpetuity in all but name; his right to 'free sale,' sometimes worth thousands of pounds. But, as a rule, he can only gain these advantages at the cost of a lawsuit recurring at short intervals of time, with the vexation and mischief this brings with it, a lawsuit, too, of which the results may be more or less doubtful. If, too, he is a saving and thrifty man he will hardly be able to acquire lands for himself, as, in consequence of the right of 'free sale,' the tenant right of these will have become immensely high; he will be confined, in most instances, to the farm he holds. On the other hand, if he be dishonest or imprudent, he will be tempted to run out and even to injure his land, in order to effect a reduction of rent, or to sublet or mortgage it should an opportunity be found.

The new Irish land code has thus had this special feature: it has done infinite harm to the despoiled landlord, but the tenant has not gained the expected benefits. Let us now see what effect it has had on the great industry on which the Irish landed cla.s.ses depend, the main source of the wealth of their country. Unquestionably, as I have remarked, over and over again, the tenant in Ireland makes, for the most part, the plant of his farm a necessary incident of the small-farm system; but the Irish landed gentry, in the last half century, have done a great deal in the work of improvement. Whatever interested calumny may falsely a.s.sert, they have expended millions, as unerring statistics show, in planting, enclosure, and, especially, in arterial drainage, this last beyond the reach of the common peasant; they have, in thousands of instances, made the breeds of stock better; they have made large allowances as regards farm buildings.

All this is now a thing of the past; the sometime landowner, in a real sense, has been divorced from his former estate; law has prohibited him from doing anything for it; his only interest is to collect the rent-charge called, in mockery, 'fair rent.' On the other hand, tenants in Ireland have, in a great many cases--I have briefly glanced at the conclusive evidence--positively wasted or neglected their holdings, for the express purpose of working rent down; this shameful expedient has been hardly checked; the deterioration of a large area of land has been thus accomplished. And, at the same time, as 'fair rent' is much lower than the rent of the market, a considerable minority of this cla.s.s have sublet or mortgaged their lands, in order to get advances of which they stand in need; this, no doubt, is a violation of the law; but it is a violation difficult to prove, and they run the risk. In this way, as I have shown, in a preceding chapter, the husbandry of Ireland has declined of late years; woodland has been cut down recklessly to a great extent; main drainage has been largely neglected, a ruinous thing in a wet climate; in thousands of cases the farming of tenants at 'fair rents' is wretched. The face of the country reveals these facts: Ireland is worse cultivated than it was twenty years ago; indeed, the best farming, in the island, by many degrees, is that conducted by a small number of men of substance, who still hold on the footing of free contract, having settled with their landlords, and taken out leases, a significant commentary on Irish legislation since 1881.

This subject, however, must be considered from a broader point of view, and with reference to the community of Ireland, as a whole. A great confiscation, I have said, has been wrought in the Irish land; the immense fall in the value of the landlord's estate, and the immense rise in the value of the tenant right, prove that property belonging to one cla.s.s has been transferred, wholesale, by law, to another, a result never contemplated by responsible statesmen. And confiscation has produced its inevitable effects; free dealing in land has been prevented; except to his former tenants an Irish country gentleman cannot sell what remains to him of his former estate, and that through the system of 'land purchase;'

capital shuns the Irish soil as if it were a quicksand; trustees and mortgagees will not invest in it; in a word, as respects the cla.s.s which had been its owners, the Irish land has been bound in a kind of pernicious mortmain. It is unnecessary to dwell on the resulting evils; one of the sources of the wealth of Ireland has been made barren; a paralysis has fallen on a member of Irish industry; what is, perhaps, even worse, a sense of insecurity, of instability, of fear of unknown change, so widely prevails in Irish landed relations, that they have become completely unsettled, and are a mere chaos. And as vicious legislation has cut the old landlord off from his estate, has a.s.similated him to the chief lord of the eighteenth century, and is evolving, by degrees, the middleman, so the effects of confiscation, by keeping land out of commerce, have unnaturally limited and restricted its nominal ownership; in fact, many of the features of the detestable penal laws of Ireland are reappearing in the Irish land system, and are being reproduced by the modern Irish land code.

Another mischievous effect of this code, in another direction, requires attention. The value of tenant right, we have seen, has enormously increased; the sums paid by incoming to outgoing tenants, on the transfer of farms, have, accordingly, become enormous; these purchasers, therefore, are being subjected to heavy outlays, practically in the nature of rack-rents, which hamper their industry, starve their capital, and most injuriously affect good husbandry. One cla.s.s of the community is thus wronged for the behoof of another; and agriculture must, more or less, suffer.

Not the least, however, of the manifold evils caused by this legislation have to be yet noticed. The ancient divisions of race and faith in the Irish land system still continue; what was most harsh and oppressive in them has been effaced; but they have become wider and more marked in the last twenty years; and this is largely to be ascribed to the present land code. A mode of land tenure, which produces hara.s.sing litigation at short intervals of time, and makes landed relations c.o.c.kpits for legal conflicts, necessarily sets the landed cla.s.ses against each other; it has aggravated the old differences deep-rooted in the Irish soil. The Protestant gentleman and the Catholic peasant are more estranged from each other, in the southern provinces, than they have been, I believe, within living memory; the same remark, too, applies to Presbyterian Ulster, where the gentry belong, for the most part, to the late Established Church, and the tenant cla.s.ses are of the faith of John Knox; the lines of distinction between these orders of men have deepened; and this alienation, concurring with another cause, has contributed to the cry for the confiscation of the Irish land, which is now being very generally raised, and to which I shall refer afterwards. Another mischief of this legislation, at which I have already glanced, is the widespread demoralisation it has caused, from the nature of the case. The litigation in the Courts where 'fair rents' are being fixed, is often a miserable spectacle of hard and mendacious swearing productive of the worst effects on the human character. Peasants, as a rule, do not scruple to pledge their oaths that their rents ought to be at most a fourth of the rents they had paid for perhaps half a century; the witnesses they call as valuers usually repeat these statements. The claims, too, for exemption from rent, on account of improvements, are often ridiculous, often shameful; I have seen sums paid for manures twenty years old, gravely put forward as creating a claim for exemption; and the subject of the deterioration of farms is another fruitful source of falsehood. It is hardly necessary to comment on the results, as regards self-respect and the moral sense of men, which must follow proceedings of this kind, carried on, over whole counties, in thousands of cases; they are, inevitably, in a very high degree, unfortunate; but, when law encourages dishonesty, they were to be only expected.

Such have been the fruits of the new Irish land code, on the side of the occupation of the Irish land. Legislation, essentially faulty and unwise, in conflict with economic science and the facts of the case, has taken from the Irish landlords their chief proprietary rights, and forcibly transferred these to their tenants; it has not conferred the benefits it intended on an unfairly favoured cla.s.s; it has wrought a revolution in the Irish land system, in contravention to plain justice, and given it an unnatural and evil aspect; it has caused iniquitous confiscation on a vast scale and demoralisation profound and widespread, with the far-reaching inherent mischiefs; and bad administration has made bad laws worse.

Political economy, spite of Mr. Gladstone, has not fled from this world at his bidding; she looks on, so to speak, at the ruins in Ireland produced by the violation of her most certain principles; I will add, she affirms the claim to compensation of the Irish landlord, if the simplest equity is not to be set at nought. As to the general situation evolved by the present Irish land code, I may refer to these pregnant words of Mr. Lecky: 'It cannot be denied that this legislation has redressed some hard cases and benefited a large number of tenants; and as few men look beyond immediate consequences, or rightly estimate those which are indirect and remote, this fact is accepted by many as its justification. For my own part, I believe that it will one day be found that the evils resulting from this policy have greatly outweighed its benefits, and that they will fall far more heavily on another cla.s.s than on the small cla.s.s which was directly injured. In a poor country, where increased capital, improved credit, and secure industry are the greatest needs, it has shaken to the very basis the idea of the sanct.i.ty and obligation of contract; made it almost impossible to borrow any considerable sum on Irish land; effectually stopped the influx of English gold; paralysed or prevented nearly all industrial undertakings stretching into a distant future. It has reacted powerfully upon trade, and thus contributed to impoverish the Irish towns, while it has withdrawn the whole rental of Ireland from the improvement of the soil, as the landlord can have no further inducement or obligation to spend money on his estate. In combination, also, with the Home Rule movement, it has driven much capital out of the land.'[143]

I pa.s.s on to the legislation of late years, with respect to the Irish land, on the side of ownership. I have briefly described what that legislation is: a Conservative Ministry, impressed with the wrong idea that Mr. Gladstone had 'created dual ownership,' by the ill-conceived measure of 1881, resolved to abolish this evil thing if they could, though it is the natural mould of Irish land tenure; and Parliament has allotted 40,000,000 to attain this object, through the operation of what is falsely called 'land purchase.' The mode of proceeding has been explained: an Irish landlord, who desires to sell his estate to his tenants, can obtain an advance for this purpose from the State, through the agency of the Land Commission; the tenants are then made owners of their farms, without contributing any moneys of their own, and hold at terminable annuities much lower than even 'fair rents.' The transaction, therefore, we have seen, is, in no sense, a purchase; it is a gift, in the nature of a bribe; it is completely different from the policy of John Bright and the sales of land made to tenants before 1885, in which these men paid part of the price at least, the only real security for thrift and honesty. Of the 40,000,000, nearly half, I have said, has been spent; and out of the 486,000 agricultural Irish tenants, some 50,000 have acquired their holdings, in fee, under these conditions. The law thus applies to a mere fraction of the cla.s.s; it is idle to a.s.sert that this can do much to extinguish 'dual ownership' in all Ireland; the sum required would be many times more than that which alone has been made available; and the process, at the present rate of 'purchases,' would not be accomplished within a century. We may, therefore, pa.s.s away from this part of the subject; but let us see how 'land purchase,' effected in this way, bears on the position of the Irish landed gentry. The immense majority of this order of men still cling to their native country and their homes; they hate the idea of parting with the rights they retain in the land, trampled down and injured as they have been; this is especially the case with the best and most solvent landlords. But as the terminable annuities payable on 'land purchase' are not nearly so high as even very low rents, not to speak of the other conditions of this mode of tenure, it follows that tenants who have thus been made owners are infinitely better off than tenants still subject to rent; one cla.s.s has great advantages, of which the other is deprived; as a necessary consequence an artificial standard is set up against rent, which does wrong to the landlord, from the nature of the case; gives every tenant on his estate a grievance; and not improbably may expose him to a determined refusal to pay any rent whatever.

'Land purchase,' therefore--the name is a mere untruth--has been a failure as regards 'dual ownership;' and it is establishing against the Irish landlord a false measure of rent, a.n.a.logous to a base coinage, a strange achievement of a Conservative Government. Let us next consider what has been the working of this economic nostrum, with respect to the cla.s.s, for the benefit of which it was first prescribed, and which has reaped the advantages it gives. The tenants, who have been made owners of their farms, have, as a rule, discharged their obligations to the State very well, though I could point to not a few exceptions; and there have been strikes against the payment of the terminable annuities in some instances.

This may be sufficient for official bureaucrats; it is not sufficient for those who know Ireland, and can impartially watch the course of events.

It was fondly expected that 'land purchase,' that is, bribing tenants in Ireland to become owners of their farms, would create a powerful body of freeholders loyal to the State; but this has already been seen to be a mere delusion. As Parnell predicted would be the case, these 'purchasers'

are 'patriotic' in the highest degree; they fill the ranks of the United Irish League, that is, of a conspiracy against our rule in Ireland, and are numbered among its most efficient agents; human nature being what it actually is, this is precisely what was to be expected. It was confidently foretold, again, that these 'purchasers' would form a thriving cla.s.s of model farmers; and that their lands would be patterns of admirable and improved peasant husbandry, but this forecast is being, in a great degree, falsified. These men, 'rocked and dandled into their possessions,' in the words of Burke, without a single guarantee for common prudence, and especially without an effort of their own, have, in hundreds of instances, turned out sorry failures; and it has been the almost universal practice of the whole cla.s.s to cut down every tree that grows on their lands, an act of ruinous waste in a rain-drenched climate. Besides, as freehold ownership is not an Irish idea--indeed, is opposed to Irish ideas--these 'purchasers' have, in many cases, following the example of tenants 'at fair rents,' subdivided, sublet, or mortgaged their holdings; instead of remaining owners in a true sense, they are becoming middlemen lording it over rack-rented serfs. The agriculture, too, of hundreds of these farms is slovenly in the extreme, for bribery does not promote industry; what is 'easy got, easy goes' is a true proverb; and, in addition, a number of these men were really insolvent when they were made 'purchasers.' That Ireland will blossom like a rose, under these conditions, is seen even now to be a chimera; and there is much reason to believe that many of these 'purchasers' have become the prey of the race of local usurers, a consummation that might have been predicted. 'I shall sell my estate,' a witty Irishman once remarked, 'but I will keep two loan offices and four public-houses; and in two generations my "purchasing" tenants will be too happy to resell their lands to my grandsons.'

A singular instance of 'land purchase,' and, indeed, of the working of another part of the land code, has come under my notice of late; I can answer for the accuracy of what I write; scores of similar cases could be, probably, found. In 1852, an industrious Scottish tradesman invested the savings of years of his life in buying a chief rent under the Enc.u.mbered Estates Act; he gave 5000 for a perpetual rent-charge of 192, that is, not quite 4 per cent. on his capital. The tenant of the lands subject to the rent was a middleman, with an estate of about 3000 a year; he had sublet the lands to a tenant in occupation of them, a slovenly, ill-conditioned, and indolent farmer. The Land Act of 1887 pa.s.sed; the wealthy middleman, an excellent 'mark' for the chief rent, who, therefore, had been obliged to pay the 192 a year, was empowered by the new law to evade his contract, and practically to get rid of his interest; the owner of the chief rent, therefore, had only the tenant in occupation to look to for the discharge of his claim. This person was succeeded by his son, a good-for-nothing and drunken man, who soon became head over ears in debt; but he was declared 'a purchaser' by the Land Commission, and, subject to a terminable annuity, was made owner of the lands. But the advance made was not more than 2300; the representative of the hardworking Scotchman, who had bought property, as secure, at the time, as Consols, was a loser of more than half of his capital; he was simply cheated out of 2700, through the operation of an iniquitous law; his indignant protests may well be conceived. The subsequent history of this so-styled 'purchase' is significant, and not without interest. The worthless owner took possession of the lands; his first step was to cut down the woodland, until he was stopped by a creditor to whom he owed a mortgage. Since that time he has become insolvent in all but name, and cannot pay the annuity due to the State; the Land Commission has been trying to sell the lands; but the attempt has, hitherto, been a failure; the lands have been 'boycotted,'

and the market has been closed against a sale. These proceedings do not require a word of comment; they strikingly ill.u.s.trate how the agrarian code of Ireland makes havoc of capital, annuls contracts, and confiscates property for the behoof of dishonest thriftlessness. Meanwhile the happy middleman enjoys his 3000 a year; I dare say he licks his lips as he thinks of the Land Act of 1887, which scattered a just liability to the winds.

The most remarkable and the worst effect--with a revolutionary tendency in no doubtful sense--of this mischievous system has, however, to be still noticed. About one out of ten of the agricultural tenants of Ireland have 'purchased' their farms in the way described; the fund available for 'land purchase' cannot include more than one in five; and the process is and must be slow, owing to the law's delay. Legislation, therefore, with a singular want of insight, has drawn, and is drawing, an unjust distinction between 'purchasing' and rent-paying tenants; it is dividing them into a small favoured cla.s.s, and a mult.i.tude harshly left out in the cold--fat sheep in one fold, lean goats in another; as the inevitable result, the rent-paying tenant resents the benefits obtained by 'the purchaser;' and the immense majority of the farmers of Ireland are made discontented with their lot, from their point of view not without reason. It is idle to say to this great body of men that they have already gained advantages from the State, on which they never reckoned thirty years ago, and that they have the 'Three F's,' and all that the phrase implies; those who have secured much are eager to secure more; the unfair distinction arbitrarily made against them is unintelligible and exasperating, man being what he is. The policy of 'voluntary purchase,' as it is called, has, accordingly, from the very nature of the case, provoked and called into being the cry for the 'compulsory purchase' of the Irish land, now being heard far and wide in Ireland--that is, for the forcible expropriation of all Irish landlords, and for placing all their tenants, in their stead, as owners of their estates. This demand has as yet been rejected by statesmen, and is, I believe, both hopeless and shameful; but it has, nevertheless, some logic on its side; it is a corollary from legislation essentially bad; and, backed as it is by a large force of Irish opinion, it cannot be ignored or treated with contempt. It is simply extraordinary that many Irish landlords have been encouraging, and still encourage, 'voluntary purchase,' on its existing lines, and will not perceive that it leads to 'compulsory purchase;' either from a desire to dispose of parts of their estates, or from motives not easy to understand, they are promoting a revolution, which, if accomplished, would a.s.sure their ruin, as I shall conclusively prove afterwards. But the well-informed and most thoughtful members of their cla.s.s are not flies lured into a bottle by a bit of sugar; they are alive to all that is involved in what is called 'land purchase.' Many years ago, when Parliament was voting funds for 'voluntary purchase,' on the present system, I indicated what would be the results; I only claim credit for some share of common sense: 'Law will have been severing the occupiers of the soil by an arbitrary process into a pampered caste, marked off from a disfavoured mult.i.tude; and, as a necessary consequence, the ma.s.s of tenants, kept in an inferior position, will be filled with discontent--and from their point of view with perfect justice--when, as the advances from the State run short, their prospects of "land purchase" shall wane and diminish. An "ugly rush" will be made throughout the country to force landlords, as a cla.s.s, to sell, in order to get a chance of buying; in Ulster the cry for "compulsory purchase,"

already heard, will swell high and fierce.'[144]

These, therefore, have been the fruits of the system called 'land purchase' with euphemistic falsehood. 'Compulsory purchase,' a demand caused by an unwise policy, is a question that must be fairly discussed; it is nothing to the purpose that it has as yet made little way in Parliament. This claim would have been regarded as sheer insanity thirty years ago; it was scouted by John Bright as in the highest degree mischievous, though John Bright was the first statesman who proposed making tenants in Ireland owners of their farms, but through a real, not a sham, mode of purchase. The compulsory purchase of the rented land of Ireland is a policy that has advocates even in England and Scotland; and it is