D A TREATISE ox THE LAND TENURE OF IRELAND, AND INFLUENTES WHICH RETARD > '■ IRISH PROGRESS. I'.Y G. A. DEAN, AUTHOR OF AMIIIOUS WORKS RELATING TO THE TENURE, TALUE, MANAGEMENT, AND CULTIA'ATION OF LAND, ETC. Stnm cuique. LONDON: LONGMANS, GREEN, READER, and DYER, YORK: JOHN SAMPSON, CONEY S-TREET, AND OF ALL HOOKSELLERS AND IIAIIAA’’AY STALLS. 1869. Two Shillings. A TEEATISB ON THE LAND TENURE OF IRELAND, AND INFLUENCES WHICH RETARD mSH PROGRESS. BY G. A. DEAN, AUTHOR OF VARIOUS WORKS RELATING TO THE TENURE, VALUE, MANAGEMENT, AND CULTIVATION OF LAND, ETC. Smim cuique. LONDON : LONGMANS, GREEN, READER, and DYER, YORK: JOHN SAMPSON, CONEY STREET, AND OF ALL BCOKSELLERS AND RAILWAY STALLS. 1869 . /3f^J2P 33 3 3^ft H J cb uatimi. With the view of aiding to effect a satisfactory settlement of the Irish Land Question, this Treatise is respectfully inscribed to the Members of both Houses of Parliament by their Most obedient Servant, G. A. DEAN. 4:03144 The favourable reception of my communica¬ tions in public journals, on the Irish Land Ques¬ tion (published during the last three months), and the desire, expressed by Members of both Houses of Parliament, that I should consider the question more fully, and in a condensed form, has resulted in the publication of this Treatise, which I trust may help to lift the veil of mystery, under which the tenure of Irish land has hitherto been en¬ shrouded. The suggestions made respecting an Irish Land Act, are based upon an experience acquired as a cultivator of land, on my oavii account, as well as for employers, in various counties of England and in Scotland; in the management of estates in England and Scotland, and as a valuer of landed estates in England, Ireland, and Scotland. G. A. DEAN. 1, Lancaster Place, StrxInd ; December loth, 18G0. CONTENTS. Former Tenant Right Bills why objected to Hiring of land, respecting the Conflicting interests to be consnlted The Irish Land Question not a party one Further Commissions unnecessary Impartial consideration of the question Inducements to write on it . . . . Incumbered Estates Act, effects of Irish Land Act, remarks concerning one Landed property for sale .... Insecurity to life and property in Ireland, effects of Middle-men the bane of Ireland Improvement of Irish land, by whom it should be effected Drawbacks to the property of Ireland . Smallness of holdings, objections to Irish progress, proofs of ... . Fixiture of tenure, observations on Peasamt proprietary, effects of . . . Education required ..... Fixiture of tenure, evidence on . Tenant right, consideration of it . Large and small farms, remarks on, by the Earl o Leicester ...... Land, in what light it should be considered Tenant-right, difficulties in dealing with Irish farmers, character of, by an Irish farmer Ill-treatment of Irish farmers, remarks on, by the Right Hon. Robert Lowe ...... Rack-rents, remarks on, by the “Times’” Special Com¬ missioner ........ Tyi’anny and oppression, opinion of, by Professor Skilling ...... Yearly tenancies, remarks on Leases, considerations respecting Rent, matter of bargain .... Ejectment, Landlords powers of Small farms, remarks on, by the “Times’ ” Special Com¬ missioner ..... Irish Agitators, remarks on ... Large farms, opinion of the Earl of Leicester on the advantages of Relationship of landlord and tenant in Ireland, position of labourers considered and PAGE ; & 3 3 4 4 5 9 10 II II 13 13 14 14 15 15 IG IG 17 19 20 . 20 22 23 25 26 28 29 30 31 32 33 33 35 36 36 38 CONTENTS. vi PAGE “ Ireland for the Irish,” and who are the Irish . . 39 Tenant-right, nnder what conditions it may be given 40 Tenant-right must not be retrospective ... 41 Fixing rent of improved lands, mode of . . 42 Compensation for waste lands, how it should be adjusted ........ 42 Compensation for lands improved by tenants . . 42 Former improvements, why they cannot now be ascertained ....... 44 Leases not required, where owners make improvements 44 Value of improvements, how to be ascertained . . 44 Corn rents, remarks concerning them ... 45 Principle of valuing farms, remarks on . . . 47 Leases, considerations respecting .... 50 Ditto, mode of payment for improvements should be embodied in ....... 52 The Irish agricultural labourer, and how to improve his position ........ 54 Purchase and reclamation of waste lands by Grovernment 55 Subdivision of land ontheWandesford estates, and evils of 56 Reclamation of waste lands, reasons why they should be reclaimed by Government or landowners . . 57 Value of wastes when reclaimed, illustrated . . 58 INFLUENCES WHICH RETARD IRISH PROGRESS. Why former efforts to improve the lower classes of Irish have ended in failure .... 62 Priests, influence of ....... 64 Ditto, conduct of ....... 65 Irish marriages, account of . . . . . . 66 Hiring of labourers, mode of ..... 68 Education, deficiency of ...... 69 Priests, opinion of, by Master Fitzgibbon . . . 71 Priestly education, effects of ..... RECAPITULATION AND CONCLUSION. Re view of subjects written on . . . . . 73 Observations ........ 74 Ireland, present state of, compared with England. . 75 Protection to farmers, remarks on by the late Mr. Cobden ........ 76 The Right Hon. John Bright’s advice to farmers and their friends. . . . . . . . 78 Irish Farmiug, system of, defective .... 79 W aste lands, purchase of by Goverment Peace and prosperity of Ireland in the hands of Govern- n^ent ......... 79 SUGGESTIONS FOR AN IRISH LAND BILL. INTRODUCTORY REMARKS. This Treatise should simply be considered as one adapted to convey useful information to those who are hut theoretically acquainted with the subject it treats of, but who will shortly be called upon to consider it. The details are of such an intricate nature as to call for special notice at this time, when the attention of the community is drawn to it. Theory only coincides with practice, when theorists can hold to the mind^s eye a complete model of the subject to be discussed; can see all the parts in action together, as a machine is sur¬ veyed, and measure excitements and obstructions precisely as they operate. In treating of laws relating to land this cannot be done, so that suc¬ cessful legislation depends upon a practical know¬ ledge of causes which operate injuriously. Theoretical persons are, moreover, too apt to call a great many things by their names, without ever inquiring into their nature and properties, so B 2 INTRODUCTORY REMARKS. that in I’eality it is only their names, and not the things themselves with which they are acquainted. These observations especially apply to Fixiture of Tenure, and Tenants’ Fights, words much in vogue at this time. About twenty years since the writer gave deep consideration to the question of tenant right, and alluded to it qn_a work which he then published treating of the tenure of land, its management, and cultivation. He was, moreover, consulted by the late Mr. Pusey, respecting a Tenant Fight Bill for England and Wales, and one was afterwards brought before Parliament by Mr. Pusey, Mr. Denison, and Mr. Ackland, and rejected. Since then other Tenant Fight Bills have been introduced to the notice of Parliament, and ^vith a like result. It may therefore be safely assumed that tenant right is not that simple affair which many persons suppose it to be; while fixiture of tenure has not been broached until very lately. Among the objections to Tenant Fight Bills hitherto brought before the Legislature are the following, viz.:—That the power sought to be secured to tenants for effecting improvements, would lead to speculative operations which might not in the end prove to be improvements. That they had much cumbersome machinery in their construction. That the referring of disputes would INTRODUCTORY REMARKS. cause expense, create delay, and have a tendency to create misunderstandings between landlords and tenants. That the arrangements for ascer¬ taining the amount and mode of payment, could he better ascertained by other means, and more cheaply and effectually secured by private negotia¬ tion ; and supposing any one of the Bills to become the law of the land, that it would be over-ridden by special arrangements and private bargains; consequently be useless, and fail in its purport. If, therefore, tenant right is so complicated that Government has hitherto been unable to deal with it judicially, fixiture of tenure must be a far more difficult subject; and it is moreover one upon which our present Government has not yet tried its ’prentice hand. Both these questions we propose to consider further on, and to state in outline our views of what a tenant should be empowered to receive under any Act that may be passed for protecting his interest. But in whatever way this question may be treated by Legislators, the hiring of land must not be ex¬ empted from the operation of supply and demand. It can and ought to be effected on such terms only, as will give to a tenant the uttermost freedom in the exercise of his skill, and complete security for investment of his capital in the soil he cultivates B 2 4 INTRODUCTORY REMARKS. without inflicting injury upon his landlord. To accomplish this will be a very great difficulty, as ther*e are so many conflicting interests to be con¬ sulted in deahng' with tenant rights in Ireland, and which may be vitally aflected by improper treatment, that mature consideration, deep reflec¬ tion, and great caution, are absolutely necessary in legislating upon this most important and intri¬ cate subject. The introduction of any measures calculated to divide the interest of landlord and tenant must be deprecated by all right-minded men. Those who would ruthlessly deal with Irish land, and who from ignorance of agricultural pursuits would plunge Ireland again in the lowest depths of misery and degradation, we ask to read what is herein written, to weigh well the observations we have penned, and then, if they appear just and reasonable, to assist in carrying them out. Support should be given to any Government that will deal with Irish land in an honest and straightforward manner ; but party feeling should not be brought to bear in passing any Act which would operate unjustly ; as such an Act would destroy the kindly relationship which should, and generally speaking does exist between owner INTRODUCTOHY REMARKS. 5 and occupier, and create discord where harmony alone should prevail. We are led to make these remarks knowing that certain persons are desirous of effecting such a change as regards rights of property in Ireland as would operate unjustly upon the owners, and create an immense amount of confusion in the country. It has been proposed by some persons that Government should appoint a Commission to inquire into the mode of occupying land in Ire¬ land. This is totally unnecessary, as it is fully explained by various reports presented to Par¬ liament, and especially by that of the Devon Com¬ mission appointed in 1843 ; and since by a digest of the evidence taken before that Commission compiled by Captain Kennedy, Secretary to the Commissioners. In this digest the subject is so completely exhausted that it is almost impossible to obtain further information on the subject it refers to. Beyond this the time for inquiry has passed by, that for action has arrived, and the whole question should be settled without delay; for so long as it remains unsettled, so long will landowners and occupiers remain in the same state, and Ireland also. In the preface to this digest. Lord Devon wrote:— 6 INTEODUCTORY REMARKS. It cannot be necessary to dwell upon the importance to all who are in any way connected with Ireland, or are called upon to join in any ineasures affecting that country, of becoming well informed upon the several matters to which the inquiries of the Land Commissioners were directed.'" The state of the relation between landlord and tenant; the ordinary mode of occupation of the land ; the degree in which the cultivation of that land has been hitherto neglected, and, con¬ sequently, the degree of improvement which may reasonably be looked for; the condition and habits of the labouring classes;—all these are matters which must be understood before it is possible to comprehend the necessity for, or the probable effect of any measures proposed for the temporary or permanent relief of Ireland. And what citizen of this United Empire can venture to think that he is not deeply interested in the solution of these questions L" “ The interest felt in the suffering of our poor countrymen in Ireland has indeed been very nobly manifested by the munificent liberality of all classes in administering to their relief." But with a view to the permanent improve¬ ment of Ireland, much more accurate and })ar- INTRODUCTORY REMARKS. 7 ticular information is required, than is possessed hy the generality of persons of every class, not immediately connected with that country.'’^ In the hope and belief that such information may he supplied in the following pages, they are earnestly recommended to the perusal of all those who desire to become acquainted with the social condition of Ireland, or to form a sound opinion as to the measures which are best calculated for its improvement.'’^ The writer being one of the citizens above alluded to, is his excuse for writing this Treatise. THE TENURE OF IRISH LAND INVESTIGATED. So much has lately been written upon this ques¬ tion, and so many contradictory statements have been made respecting the causes which have pro¬ duced in Ireland a state of things so perplexing and so detrimental to the interests of owners of landed estates, and of the country generally, that it is time for some one to fairly and impartially place before the public a full statement of facts relating to it. It is proposed to do this by the writer, who has not undertaken to do so now for the first time, as nearly twenty years since tlie question was well considered by him in a work which he published upon Agriculture. Neither is it taken up here as a party question, nor can it be considered as such, seeing that persons of all shades of politics are mutually interested in a satisfactory solution of it. 10 THE TENURE OF IRISH LAND INVESTIGATED. The inducement to undertake the task of in-* vestigating it, is the assurance giveiTat the recent Sheffield Cutlers’ dinner by the Marquis of Hart- ington that Government, in dealing with it in the coming session of Parliament, will not treat it as a party question, but as an open one. The noble Marquis has since stated, at the Lismore Farming Society’s meeting, that tenant farmers should look at the question, not only from their own point of view, but from that of landlords, labourers, and the general public ; that Englishmen would never consent to deprive persons of their rights without adequate compensation; and that Parliament would not legislate on the question unless- satisfied that it would be for the advantage of labourers as well as farmers, who should show that the legislation proposed would be for the good of labourers as well as for themselves ? Such a statement would be expected from the noble Marquis, but it should be remembered that he is only one of our legislators, and that there are members and ex-members of Parliament, Socialists, and others, who entertain extraordinary views respecting landed property in Ireland, as well as elsewhere. Whether or not this Irish land question is one calling for legislative interference remains to be seen. There can, how¬ ever, be no doubt but that legislative interference THE TENUKE OF IRISH LAND INVESTIGATED. II with private property should never he resorted to without absolute necessity. Members of Parliament are not elected unneces¬ sarily to interfere in private affairs, but to guard the English Constitution, to watch, to check, and to avert every dangerous innovation of it; ta propose, to adopt, and to cherish, any solid and well-weighed improvement; bound by every tie of nature, of honour, and of religion, to transmit that Constitution to posterity, amended if possible,—at least, without derogation. Hitherto Governments have not been very suc¬ cessful in enacting land laws for Ireland. The Act for the sale of Incumbered Estates in that country, was the cause of an enormous amount of property being sold for less than half its intrinsic value ; and was pronounced by the late Lord Brougham, Lord St. Leonards, and other eminent statesmen, to be an unnecessarily harsh, if not an unjust measure. Should land which has been purchased under this Act, settled, and otherwise dealt with, in a variety of ways now be interfered’’ with, such a proceeding would tend to bring law into contempt, and would be unjust to purchasers of such lands. At this time the wildest of ideas are dis¬ seminated respecting this Irish land question, and 12 THE TENURE OF IRISH LAND INVESTIGATED. whicli, it is generally believed, are not originated by occupiers, but by persons who are desirous of creating dissension to promote objects they have in view. One of the ideas is to purchase the lands of “ Ireland, for the Irish.” Another, that of taking land from the owners of it, nolens volens, and dhdding it as thieves divide plunder. With as much justice could carpet-weavers de¬ prive employers of their mills, and weave carpets for the weavers,^' as could any body of men deprive landowners of theu' lands; but, inde¬ pendently of justice or right of ownershijD, it wmild be an absurdity to equally divide the land of a countr}^ amongst the inhabitants of it; for, if thus divided to-day, Avithin a short space of time it Avould again be concentrated in the hands of a portion of the community. Should the law ever require landowners to give up their lands for division, and for the l^enefit of those not liaAing an interest in them, it should also require merchants, manufacturers, tradesmen, and all possessed of property, to give it up for the same purpose; when all would go back to an age of barbarianism, leaving posterity to return as best they could to a state of civilization. Land can only be acquired either by purchase or THE TENURE OF IRISH LAND INVESTIGATED. 13 gift, and certain persons complain that there is but little for sale. The inaccuracy of this assertion is proved by the great number of estates almost daily advertised for sale throughout the kingdom. As regards Ireland, there are so many for sale that purchasers cannot be found for all of them. The extensive estates belonging to the Earl of Devon, and situate at Newcastle, have been vainly offered for sale (as a whole) for several years past; and at this time may be purchased in plots varying in- value from £100,000 down to £100. So insecure,, however is life in that country, so uncertain is the payment of rent, and the security of property, that a very low rate of interest for money in¬ vested in the funds and other public securities in this country, is preferred To investments in Irish land—a country where the munificent Author of Nature has scattered the elements of productive¬ ness, but which man disregards, and then com¬ plains of poverty. It is this insecurity of life and property in Ireland ^that prevents trustees and capitalists in England from lending money on Irish securities, and that drives liberal-minded landowners from their native lands to reside in distant ones. Other Irish landovmers unfortunately are, and always have been, in straitened circumstances ; con- 14 THE TENURE OP IRISH LAND INVESTIGATED. sequently tliey have not been, in a position to improve their estates as Enghsh landowners (as a body) have improved theirs. Many of the needy Irish landowners, to raise •money for pressing purposes, and others too indo¬ lent to look after their properties, leased their lands to middle-men” for long terms, and at low rentals. These middle-men then divided the lands leased to them, and let them at greatly in¬ creased rentals to others, by whom they were further divided, and re-let at still higher rentals ; and in some instances these divided lands were further sub-divided ere they came into the hands of those who tilled them. In consequence of such dealings with land no end of confusion has been created, and bad relationship between landlord and tenant. There are, however, large tracts of land in that country where middle-men have never interfered, and in respect of which no claims can justly be set up by occupiers, either for fixity of tenure,” tenant, or any other right; as these tracts have not been improved with their capital, nor have they erected buildings thereon: but all the improvements have been made and the buildings erected with the capital of landowners. These lands are generally occupied by responsible tenants, and are well THE TENURE OF IRISH LAND INVESTIGATED. 15 farmed, as is instanced by tlie estates belonging to the Dukes of Abercorn and Devonshire, the Earl of Derby, Earl hitzwilliam. Lord Leconfield, and many other owners ; and on these estates the tenants are not only prosperous, but many of them are w^ealthy ; and the same remarks will apply to the properties belonging to the City of London Companies. In fact, excellent landlords are to be found in all parts of Ireland. As a rule, wdierever the owners or honourable and practical agents are resident and attend personally to their affairs and duties, estates are in a satisfactory condition, and the tenants in good circumstances; notwithstanding the lands in their occupation may not be so well farmed as the majority of those in England and Scotland are. One of the greatest drawbacks to the prosperity of Ireland is the smallness of holdings, occasioned to a very great extent by the middle-men alluded to. By excessive subdivision, the land where so subdivided has deteriorated in value, and the population is scarcely above the position of paupers. Notwithstanding there are less of this class of tenantry than formerly, there are still about 900,000 families attached to the soil, 500,000 of whom are occupiers. In 1841 the number of holdings above one acre and under five acres was 16 THE TENURE OF IRISH LAND INVESTIGATED, 310,375, but in 1856 they had decreased to 82,035, Between 1841 and 1861 the number of families- living in mud hovels had decreased 60 per cent. ; those decently housed remained stationary, but those well housed had increased 33 per cent. The aggregate value of crops had risen 12 per cent, since 1860 ; that of live stock 25 per cent. Since 1863 crime has decreased 30 per cent., and pau¬ perism 11 per cent., thus proving that the country is progressing. In addition to these proofs of its progress. Lord Spencer recently publicly announced that “ lie was glad to perceive the increase of deposits made in tlie several banks by the agricultural commu¬ nity, which now amount to upwards of £20,000,000 sterlmg.’^ It is generally believed that the tenant farmers have not originated the cries for fixiture of tenure, peasant proprietary, and other similar cries; but that they have been raised by political agitators for sinister purposes, and backed up by priestly influence. Fixiture of tenure can never be entertained by any Government, and a peasant proprietary would send the country back to the misery from which it has scarcely emerged. Such a proprietorship would once more produce an excessive population, which would have either to starve or emigrate* THE TENURE OF IRISH LAND INVESTIGATED. 17 If the latter, another outcry would be raised about forcing families from their homes and country; notwithstanding the younger sons of many of the best families in this country voluntarily quit it, to seek employment in foreign lands, whenever they cannot obtain it at home. The industrious and skilful mechanics and others, recently discharged from employment by the shutting up of public establishments, have done the same, and why should not the Irish follow suit when circumstances require them so to do ? Instead of establishing a peasant proprietorship, it would be far better to let the lands of Ireland in larger quantities, as it is a well-established fact that the consolidation of farms in that country has done much to improve its agriculture. When land was let there in small patches, cultivated as potato gardens, and the occupiers lived in mud hovels, with pigs and poultry, they were in a miserable plight; where lands are still so let, the result is still the same. Those who desire to estab¬ lish such a proprietary would do well to study the various reports of Government Commissions, when they would find sub-division of land “into portions, continually decreasing in extent with each suc¬ ceeding generation of claimants ; until on some estates literally every rood of ground maintained, 18 THE TENURE OF IRISH LAND INVESTIGATED. or rather was charged with the maintenance of its man.^^ Especially should they study the evidence given before the Devon Commission in 1844 , which would convince them of the absurdity of establishing such a system. Mr. Steward, a highly- intelligent Irishman, in giving his evidence before that Commission, stated that such a proprietary would diminish the market for labour, check the accumulation of capital, and increase, to an endless extent, a wretched and oppressed population.’* He further said that in a district at Fermanagh, all who held in fee, were faUing every day in the scale of existence, and living as small proprietors on twenty acres, which had all been underlet; and that they had become a dissipated and bad class ; and I conceive that the same thing would arise if you were to give every man a freehold in his farm.” Before making Irish peasants landowners, they should have not only their intellectual faculties developed, but their moral faculties also. They should be made to feel a certainty in acting, that the actions which their reason and consciences approve, will likevdse merit the approbation of those above them in station ; and it is the cultiva¬ tion of this feeling of certainty, that would give a manly tone to their character, and which woidd THE TENURE OF IRISH L4ND INVESTIGATED. 19 prevent their being misled, as they now are, by evil-disposed persons. It is not to be expected that they will stand up boldly against bad advisers, condemning what is wrong and supporting what is right, without a fixed notion of the character of both; and which notion can only be acquired by means of such an education as the lower class of the Irish do not possess. They stand more in need of instruction in the duties they owe to society than of laws making them landowners: instead of thus educating them, they have in turns been petted, spoiled, and harshly treated. Timid legislation has emboldened them to defy the laws of the land, and their de¬ fiance of them being disregarded, they have pro¬ ceeded to deeds of violence, when the strong arm of the law has seized hold of them and punished them; in their estimation, most unjustly. They are a highly excitable people, warm in their attach¬ ments, and very hospitable ; but their ignorance causes them to be easily led astray, and they are therefore bad to govern when too much liberty of action is allowed to them, as they then become impatient of control. If they are ever to become good members of society, it will only be when they are better educated, and governed with firmness, accompanied with kindness. c 2 20 THE TENURE OF IRISH LAND INVESTIGATED’. The writer of this treatise is perfectly well aware of the difficult task he has set himself; should he fail in performing it well, his endeavours may possibly make it more easy of solution for others possessed of greater abilities than he possesses. The question for consideration, includes fixiture of tenure and a peasant proprietary ; tenant right, the nature of holdings, powers of landlords, and the establishment of an equitable relationship be¬ tween them and their tenants, together with many minor questions, mixed up with, and arising out of these. Fixiture of tenure and a peasant proprietary have been already so fully considered by us, that it is unnecessary to further consider it here, except to insert an extract from the evidence of Mr. Steward, given before the Devon Commission. This gentleman stated that ^ffixiture of tenure, apaiT from its violation and subversion of all the principles and recognized rights of property, would, in its results (whether accomplished by direct or indirect means), prove most ruinous to those it professes to benefit. It would necessarily lead to the establishment of a pauper 2 R’opiietary of the lowest classes,’’ and in this opinion we agree. Tenant right is a subject very different from the tenure of IRISH LAND INVESTIGATED. 21 fixitlire of tenure, or a peasant proprietary; and is worthy of consideration. That however which may be well adapted for Ireland, would he ill suited for England ; and it seems strange that this fact is generally lost sight of by legislators. Properly construed, tenant right represents the claims which tenants, or others for them, wish for powers to establish against their landlords for im¬ provements wdiich they may have effected at their own cost, upon farms in their occupation. Sudi claims are admitted in the province of Ulster, and in a few other parts of Ireland. Tenant right in Ulster has, by custom, acquired the force of law, and may be regarded as lex non scripta, as is the “ custom of the country” in England, aiid which prevails over nearly the whole of it, in the absence of lex scripta, and is recognized in our courts of law. There are those who object to claims of tenant right being recognized by law, and who consider that legislative enactments should not be permitted to interfere with private arrangements. As regards some descriptions of property, this view may be a correct one ; but property in land is of a peculiar kind, especially in that of Ireland ; and this for reasons stated concerning middle¬ men, and sub-lessees ; the smallness of holdings, and want of capital, so as to cultivate it to ad- 22 THE TENURE OF IRISH LAND INVESTIGATED. vantage. It should he observed that when the tillers of Irish soil are denominated farmers, the word, as applied to Ireland, means men Avho occuj^y only one, two, three, or four acres, as well as to those who occupy larger farms. In England,, the smallest of farmers in some counties, hold more land than do many so-called large farmers in Ire¬ land. The Earl of Leicester has stated, at the Docking Union Agricidtural Association, that he considered large farms those which extend over from 800 to 1,200 acres; and small farms those under 400 acres, and that he had more difficulty in letting small than large farms. His lordship further observed that one of the greatest obstacles to the improvement of agriculture in Ireland, was the small size of the holdings.” Having for several years been engaged pn carrying out im¬ provements on the Holkham estates, we know them to be some of the best managed in England ; the tenants some of the wealthiest; and his Lord- ship one of those few noblemen who are well skilled in agricultural pursuits. We would there¬ fore rather be guided on this Irish question by the views of his lordship, than by the visionary views of those who are neither owners nor occu¬ piers. Irish farmers are moreover uneducated men, easily misled by priests, who very often are THE TENURE OF IRISH LAND INVESTIGATED. 23 no better educated than the farmers themselves. The priests, in remote districts, generally speaking, are sons of Irish farmers, and therefore naturally sympathize with their class. The influence they sometimes bring to bear is fearfully pernicious. Until this influence is counteracted in some way, we are afraid Ireland will not be the prosperous and contented country it might be. We have called attention to these facts to show the reasons why tenant right in Ireland should be considered on its merits, and not in connection with England. As regards the land, it may be treated as a raw material belonging to one person, but manu¬ factured by another, under certain stipulations as to usage. Claims for tenant right will therefore arise on most well-cultivated farms, if tenants are to manufacture to advantage ; and where im¬ provements are not effected by landowners. Others there are who consider that farmers no more require special laws to protect their interests, than do tradesmen to protect theirs. Now the position of a trader, is dissimilar to that of a farmer. The one occupies premises on which to merely sell manufactured goods ; but should he in addition require to manufacture them, he may readily hire or take on lease, premises suitable for such pur¬ poses ; and should he have occasion to erect build- 24 THE TENURE OF IRISH LAND INVESTIGATED. ings thereon for the purposes of his business, lie can remove these buildings on quitting, and may carry on his business elsewhere. Whereas, the business of a farmer is carried on over the whole extent of his farm, and on which he must make a large outlay, so as to enable him to manufacture grain, beef, and mutton to advantage. For his outlay on the land, he cannot be reimbursed under a certain number of years, so that should he be compelled to quit his farm before reaping the full benefit of his outlay, he would leave some of his capital in the soil for the benefit of others. Other landowners who are willing to pay for such im¬ provements, imagine that there would be great difficulty in deciding upon what should constitute improvements, and when decided, the sum that should in fairness be allowed for them. An argu¬ ment held against landlords paying tenants for buildings erected by them during occupation, is, that these builcliugs may be required* for the par¬ ticular use of those who erected them, but that they would be useless to other tenants. Where tenants have holdings under two or more land¬ lords, but reside on one where the principal build¬ ings are, they may certainly take much of the produce from their other holdings, and bring it to this one ; and the greater portion of their live THE TENURE OF IRISH LAND INVESTIGATED. 25 stock too. When finding insufficient buildings for this purpose at head-quarters, they might erect new buildings there, although the buildings on the other farms were but little used. Now in such cases it would be unjust to compensate tenants for erecting useless buildings, as on letting the second holdings to new tenants, such buildings would not only be useless, but an expense to keep in repair. It therefore requires great caution in giving tenants power to claim compensation for the cost of erecting buildings, or the right to sell the goodwill of farms, without the written consent of landlords ; as it is a well-known fact that right of possession in Ireland, where no improvements are to be seen, have been sold in some instances for more than the value of the fee. Tenant right is undoubtedly the most difiicult part of the Irish land question, involved as it is, with so many conflicting interests, all of which should be consulted, but which may be vitally affected by improper treatment. Mature consi¬ deration, deep reflection, and much caution is therefore absolutely necessary in legislating upon it. When we come to consider the relative posi¬ tion of landlord and tenant, we shall again refer to this question, and submit our own views respect¬ ing the powers which should be given to tenants; 26 THE TENURE OF IRISH LAND INVESTIGATED, those which should he retained by landowners ; and what alterations are required, to establish an equitable relationship between landlord and tenant. There should be no difficulty in effecting this desi¬ deratum, if the Irish land question be taken up apart from party views, and with the determina¬ tion of doing justice to all parties interested in it. We are not partisans, but in investigating this Irish land question desire to act impartially, and to treat all interests alike. We therefore proceed to exhibit the character of Irish tenant farmers, as j)ourtrayed by the late Professor Skilling; an Irishman, a large occupier of land in Ireland, and later on, agriculturist and superintendent of the model farm at Glasnevin.'' We knew Mr. Skilling to be a practical farmer, and availed ourself of his experience, when v^aluing some large estates in Galway about four¬ teen years since. Here is the character he gives of his countrymen, in his work on the “ Science and Practice of Agriculture.'' He writes, “It is the conduct and character of the people, rather than the soil and climate of a country, that con¬ fers comfort and happiness ; their energy, perse¬ verance, industry, and economy, combined with knowledge." “ These incontrovertible facts can never be suf- THE TENURE OF IRISH LAND INVESTIGATED. 27 ' ficiently impressed upon the people of Ireland. Man ought, from infancy, to be taught to stand and look upright; to depend upon himself for a character and station among his fellow-men, and that his future welfare aud success in life are best achieved by his own exertions.’^ Without knowledge and discipline man is an indolent animal, and his sagacity is perpetually on the rack to find out plausible excuses for his neglect. With our Irish farmer this is particularly the case ; procrastination is his great enemy; he has always some difficulty to contend with, or insurmountable obstacle in his way—these dif¬ ficulties and obstacles, in a majority of cases, his own creation.” He is rack-rented ; he wants capital; his land is poor; the seasons unpropitious ; his crops fail; the laws are adverse, or not sufficiently protective ; the Government is hostile to his interests; he blames everybody and everything hut himself^ and his grievances are magnified and trumpeted forth on all occasions ; but it is our duty to pause, and if possible, determine where the blame rests, and whether these complaints are well founded. His land is highly rented, and yet he will take more of the same quality, and at the same price if he can get it; and he will injure or persecute a 2S THE TENURE OF IRISH LAND INVESTIGATED. neighbour slioulcl he offer to take a portion of his trouble off his hands. He luants capital; yet he will not put in requisition the parents of -all capital—his hands and his soil. His land is poor; yet he will not take the proper means of .swelling his dung heap, nor house-feed his cattle- The seasons are adverse, and his crops fail; yet he will not take proper steps to counteract bad seasons—drain and deepen his land. He calls for, and ivaits on new laivs; like the waggoner in the fable, he lies in the slough, and calls upon Jupiter.” “ Thus then, it will be found, that all this for¬ midable list of grievances—these crying evils, with a host of auxiliaries which we have not men tioned—arise from two simple causes—the man's own ‘^ignorance and indolence." These opinions and sentiments may be un¬ palatable to the great majority of the farmers of Ireland, but we wish to state facts, not to flatter prejudices. In corroboration of Professor Skilling s remarks, w^e give the following extract from the speech of the Eight Honourable Pobert Lowe, on the motion of Mr. Magume respecting the state of Ireland in 1868 , viz. :—“I have sat on many committees to investigate the question of tlie land of Ireland, and it has never been my fate to hear a single case THE TENURE OF IRISH LAND INVESTIGATED. 29 of grievance or ill-treatment of a tenant, alleged with dates and circumstances, so that it could be verified.^^ . . . ^‘We heard many witnesses,, but there was not one fact adduced.’' The Times” Commissioner, in his remarks on Ireland, writes—“ I do not hesitate to say that ^many estates’ in this county (Cork) are rack- rented in a manner uncommon in those parts of Ireland respecting which I have before written.” Now, before placing much confidence in this assertion about rack-rent, we should like to know if the statement is made from actual survey, or simply taken from report; if from actual survey,, the qualifications of the Times” Commissioner to value landed estates : if qualified to value them. Were they valued “while hurrying along in a rail¬ way train surrounded by mist and mountain, and through districts where turbid floods roll through rich flats of the brightest green ? ” If the “Times” Commissioner really can, and has actually valued these rack-rented estates under the circumstances alluded to, he is not only just the man to stud}' the “ phenomena of agriculture ” in Ireland or any other country, but is a perfect phenomenon him¬ self. If, on the contrary, his observations are made upon report, they are not worth further con¬ sideration. 30 THE TENURE OF IFJSH LAND INVESTIGATED. We should, however, like to know whether the ‘^Times’” Commissioner be not more learned in law, than skilled as a land vainer. If the former, he must be well aware that hearsay is not evidence, and that a man should not be hung upon suspicion that he is a murderer. The same with Irish land- owners, they must not be condemned because men accuse them of harsh proceedings, and acts of tyranny towards their tenants, without proof that such acts have been committed; nor would any jury convict them without such proof, except perhaps such a jury as that proposed by Professor Rogers—a jury of Irish farmers.^’ Professor Skilling writes—As to tyranny and oppression, individual instances may occur : the absence of landlords from their estates, delegating the management to improper hands. We may even admit that instances do occur with individual landlords themselves ; but that the landlords of Ireland, as a body, are either tyrants or oppressors is altogether untrue.’' . . . ‘^ Tyranny is often used in a very wrong sense. Should an active, energetic landlord, or agent, wish to improve the estate, and change the old system, he is imme¬ diately called a tyrant. It is considered the worst species of tyranny to interfere with their prejudices, ^ntiquated notions, and absurd customs.” THE TENURE OF IRISH LAND INVESTIGATED. 31 So much for statements about rack-rents, tyranny, and oppression ; and having now done with this part of the question, we will next con¬ sider the nature of holdings ; large and small farms ; the relationship which should exist between land¬ lord and tenant; the position of the labourer ; and then, like Professor Rogers, exhibit a scheme for converting Ireland into an Eldorado. frith respect to yearly tenancies, as a rule, it cannot be expected that tenants under such hold¬ ings, will so greatly improve the lands in their occupation as tenants holding under leases, neither would they be justified in doing so ; for however great may be their confidence in their landlords’ sense of right and justice, and a certainty that the rents of their farms wmuld not be unfairly raised should they improve them by good farming, and consequently by a considerable outlay of capital, still the ownership might be changed, and other agents employed, who, knowing nothing of the improvements made by tenants, might re-value the farms and raise the rents of them, regardless of such improvements by tenants. Nevertheless and notwithstanding all these con¬ siderations, there are numerous instances of tenants continuing to farm the same lands, under yearly tenancies, from generation to generation, both in 32 THE TENURE OF IRISH LAND INVESTIGATED. England and Ireland; and many persons consider that lands thus held, are better farmed than are those held under leases. Should legal security, in the absence of agreement (when the model contract takes its place), be given for the repayment of capital expended by tenants, in actually improving the value of the lands in their possession, upon their quitting their holdings, yearly tenancies may be made as desirable holdings, as are those under leases. The nature of the security, which might fairly be given, we will consider by- and-by. If the question of leases be fully considered,, it will most likely be found that there are no bond fide reasons for not granting them, under proper conditions ; for should lessees depreciate the value of their farms by improper management, the law will afford the owner means of redress ; and if leases be properly drawn, both the landlords and tenants will be mutually protected. But in grant¬ ing leases, length of term is a most important consideration. If long leases were granted in Ireland, lessees would be likely to sub-let, regard¬ less of covenants, if not strictly watched ; especially as Irish tenants generally demise their farms to their sons (should they have families), and these sons are bound to provide for the younger branches THE TENURE OF IRISH LAND INVESTIGATED. 33 out of the produce of the farm; so that it is difficult to guard against a sub-division, approach¬ ing sub-letting. Under no circumstances should landowners be bound by law to grant long leases of farms upon fixed rentals, but subject to de¬ ductions to be made by periodical valuations; per¬ haps at times when agricultural produce is low in j)rice, or the farms depreciated from bad manage¬ ment, or want of means to enable the lessees to farm well. Bent must remain a matter of bargain, and all interference on the part of legislators to restrict by law the powers either of owners or tenants, would be in opposition not only to all principles of political economy, but to the freedom of action recognized by all civilized nations, in matters of buying, selling, or hiring. The powers of landlords in Ireland being those which owners of property everywhere in England possess, ought not to be forcibly taken away from them. Their power of ejectment is that chiefly complained of by those persons who are agitating the Irish Land Question, but it cannot really be considered an arbitrary power where leases are given, as no tenant can be evicted so long as he performs the covenants of his lease; in other words, so long as he fulfils his share of the contract he has entered into. A landlord can only evict in an arbitrary D 34 THE TENURE OF IRISH LAND INVESTIGATED. manner where tenants have no leases. If landlords have good tenants they will not desire to part with them ; if they have bad ones, surely they ought not to be compelled to retain them. We are of opinion that the power alluded to, is objected to by those who either hold lands at much less than their fair value, and are therefore unwilling to pay this value, or by those who are without means to pay their rents, and who know that if evicted they would not obtain land elsewhere. All the alterations in the laws relating to landlord and tenant which Irish agitators ask for, appear to us to suit the existing state of things in Ire¬ land, and have no bearing whatever upon an improved state. By law they would prohibit skil¬ ful agriculturists from this or any other country, possessing abundant capital, from hiring farms in Ireland ; while, by the same law, they would per¬ manently establish the present race of ignorant and poverty-stricken tenants in their miserable little holdings, to the injury of the country and the confiscation of property;—for if fixiture of rent, and fixiture of tenrme, are to be given to the present class of tenants, the present and future owners will be converted into mere rent-chargers; and the land will remain in its present unimproved state. Instead of this confiscation, it would be THE TENURE OF IRISH LAND INVESTIGATED. 35 far better to ensure security of life and property to the class of agriculturists just alluded to, and who would then, by means of the employment of tlieir capital, improve the agriculture of it; establish a class of yeomanry, which the country stands greatly in need of, and would raise the present pauper population to a position far superior to that they occupy now. The introduction of such a class of agriculturists as is here recom¬ mended, would clear the land of paupers without .convulsion, would help to create farms of various sizes, and adjust these in the most beneficial manner for the individual, and the State. Give this security for life and property, and influential men with capital would be found to farm land in Ireland, whose interest it would be to promote peace and order, and who would gradually acquire power to maintain both. The disturbers of the public peace in Ireland would then eventually be put down by capital, if freely combined with land, as suggested. The character of the present class of Irish farmers has been so well pourtrayed by the late Professor Skilling, as stated at page 26, that we beg to refer to it all those interested in the Irish Land Question. With respect to very small farms, we have the statement of the ‘‘ Times' ” Special Commissioner D 2 36 THE TENURE OF IRISH LAND INVESTIGATED. that the occupiers of such envy labourers who earn froiD six to seven shillings per week; and as these labourers, in addition, generally have a cabin to reside in, with a bit of ground attached to it, rent free, or a bit near their place of abode, we agree- in opinion that they are not worse off than the very small farmer ; the latter, however, is partly a labourer, as he is occasionally glad to get work from larger farmers. But notwithstandmg this, these small farmers are to be converted either into owners, or at any rate they are to have fixiture of rent and fixiture of tenure guaranteed to them by law. Tliese poor ignorant little farmers are not the men to get up agitation for fixiture of tenure, and all the other fixitures wdiich agitators ask for. No, they are urged on to agitate, by others. If the accuracy of this statement be doubted by any one, let him turn to the public journals containing' accounts of the tenant-right meeting recently held at Kilkenny. He will there read that about 20,000 small farmers and peasants assembled in the town, with banners flying; and headed by Homan Catholic priests, who made violent speeches. We may look for prosperity and happiness in a country where such a state of things exists, but most assuredly we shall look in vain. With respect to large farms, we have the THE TENURE OF IRISH LAND INVESTIGATED. 37 opinion recently expressed by the Earl of Leicester, that large farms are in greater demand than are *small ones, on the Holkham estates. His lordship says—I have considerably more competition for my large farms than I have for my small; and, as a rule, I find that my estate is more improved, , and my land better farmed on the large occupation than on the small, I ean get a more desirable tenant for the former, than I can for the latter. A tenant, if he has capital, prefers investing that capital in one concern, rather than in two or three detached farms. His time is worth something, and he can look as well after 1,200 as after 400 acres. On a large occupation, he farms under every advantage. The area of his farm justifies the application of machinery that would not be remunerative on a small occupation. If at present a tenant does not use steam in cultivating the land, he soon will. Then if it is advantageous to the community, that the resources of the land should be fully developed, and that an increase of produce should be provided for increasing numbers, this can only effectually be done on a large scale.^’ The use of machinery increases the produce, both of bread and meat, and I consider it is also advantageous to the labourer. Machinery has not hitherto displaced labour. Machinery has altered 38 THE TENURE OF IRISH LAND INVESTIGATED. the application of labour, and rather tended ta increase it. There is more labour employed per acre on a large farm, than there is on a small one. Where more corn is grown, and more beasts fed, more labour is required.^^ As Lord Leicester has truly remarked, machinery multiplies labour—a remark made by the late Prince Consort to the writer, on several occasions. Not only does it multiply labour in agriculture, but in the various trades supplying it. There is scarcely one of the useful arts but is now more or less applied to agriculture, as is witnessed by the numerous and extensive agricultural imple¬ ment establishments scattered over the country, and which have extended to Ireland. Are we now to destroy such establishments, and throw out of employment, thousands upon thousands, and at the same time retard the progress of agriculture, simply to create a pauper proprietary ? We trust that the day which with its accompanying evils would bring upon us such a'national calamity, is not only far distant, but that it may never arrive. Our next consideration is relationship hehveen landlord and tenant in Ireland, and the position of the agricidtural labourer. If it can be shewn that this relationship is not equitable, make it so as speedily as possible, as the perfection of agri- THE TENURE OF IRISH LAND INVESTIGATED. 39 culture can never be attained where such a rela¬ tionship is defective. There can be no question but that it is to the interest of landowners, to promote that of their tenants, by every means in their power ; and to encourage the highest possible state of cultivation of the soil. An advanced state of agriculture has invariably followed where an equitable relationship has been established. Where this has been approximately j ust, the tenants have become prosperous, and the fertility of the soil has increased. Where wanting, agriculture as a science has languished ; the tenantry being ill- informed and poor, and the land, from bad farming, depreciated in value. Agriculture, as a science, rests upon experience, and those unacquainted with it as such, are not likely to bring about a satisfactory relationship between owners and occupiers ; and without this agriculture can never flourish. Ireland for the Irish” can never be given, but assuming they got it, rich and poor, farmer and labourer, tradesman and mechanic, would all require a share, as well as the Irish in England, in America, and those scattered all over the face of the globe; and the portion to be given this un¬ known number, would be another difficult problem for Professor Rogers to solve. Having solved it,, the title of the claimants must be put in; another 40 THE TENURE OF IRISH LAND INVESTIGATED. difficult affair, seeing that the Irish breed has been extensively crossed with all manner of English, Scotch, American, and other half-bred races. There¬ fore, over the identification of pedigree would again be fought the battle of the Kilkenny Cats, and with the same result. A peasant proprietary, fixture of tenure, and fixture of rent, may be established by law; but, if established, would be an extremely unjnst, as well as a most impolitic, measure, and this for reasons we have already given. Tenant-right, under cer¬ tain conditions, may fairly be given to tenants on quitting holdings which they have improved at their own cost; and should be in proportion to the increased rental value which these improve¬ ments have occasioned to such holdings, especially as incoming tenants would willingly pay for such, instead of, as now, having to take to farms as much impoverished and poisoned with weeds, as out-going tenants dare to leave them. Much however, of payment for improvements, might be avoided in future by granting leases ; and nearly all, by landowners themselves improving their estates, as they do in England. Under any cir¬ cumstances, landlords must be protected against improvident claims; for these, if enforced, would ruin many landowners. If tenants, on quitting THE TENURE OF IRISH LAND INVESTIGATED. 41 their farms, be paid for improvements, these must not be retrospective. If retrospective, it would open an endless source of litigation between land¬ lords and tenants; and would produce the most serious and evil consequences to Ireland; where the soil is, to a great extent, let to tenants in farms of very small area, and under arrangements most anomalous and embarrassing. It would con¬ vert the owners into rent chargers; for the com¬ pensation to be paid to tenants would effectually establish the latter permanently on the land. The evils of such an arrangement would be far greater to the country than the existing evils. We would give to various classes of tenants rights or interests somewhat of the following de¬ scription :—To those who have brought unproduc¬ tive or waste lands into cultivation, such as those in remote or mountainous districts (and in these districts a large area of land has been reclaimed by cottiers or small farmers, many of whom were originally squatters), we would give long leases, say of 21 years, at the rents now paid ; and where practicable, a further quantity of waste land, which the tenants should be bound to bring gradually into cultivation. As reclaimed, the rental value of the reclaimed land should be fairly valued, and only half of this rental value should be paid, until 42 THE TENURE OF IRISH LAND INVESTIGATED, 14 years of the lease had expired, and three- fourths for the remainder of the term; when the land, with all the improvements made, should be returned to the owner free from any description of claims by the tenant, except for tillages, and such works of husbandry as are usually paid for in England, by incoming, to outgoing tenants. Suit¬ able farm houses and offices shordd be erected. If by owners, tenants to pay seven per cent, on the cost of them, or the interest owners may pay to Government for borrowed money. If necessary, further powers than those in force should be given to all classes of landlords, for borrowing money of Government, for the erection of buildings, drainage, and other works of improvement; but we are of opinion that landowners have ample powers for borrowing now. Under these powers owners of encumbered estates, and other owners in needy circumstances, may get their estates improved, without providing money from them private re¬ sources. It is questionable whether tenants should be allowed to make permanent improvements,, seeing that landlords have power to make them. With respect to tenants who have brought waste lands into cultivation; who have caused grass to grow where none grew before, they are entitled not only to liberal treatment for the past,, THE TENURE OF IRISH LAND INVESTIGATED. 43 but to encouragement for the future. To send these men away empty handed, would be both cruel and unjust. We have had waste lands brought into cul¬ tivation under a similar arrangement as that here recommended, greatly to the advantage of both owner and occupier. To tenants who have in¬ creased the value of their holdings by the erection of buildings, drainage, or otherwise, similar leases to those herein recommended should be given, and on such terms as should recoup them for their outlay during the currency of their leases; but beyond this compensation should not go. If it should, exorbitant claims would be set up by -tenants, to the ruin of owners. In the report of the Devon Commission, instances are given of more having been paid for right of possession, than the value of the fee of the lands. In fixing the rent of improved lands, to the tenants who have improved them, the sums to he allowed for improvements must not be the actual sums expended, but the increased rental value such improvements have created upon the lands improved; as some so called improvements, are of no value whatever. The length of time tenants have enjoyed the benefit of their improvements,, must also be taken into consideration. 44 THE TENURE OF IRISH LAND INVESTIGATED. To ascertain the increased value of farms, arising from improvements made by tenants, say ten or twelve years since, is almost an impossibility at this time. It must, therefore, be settled by arbitration, should it be impossible to settle it by other means. This no doubt will be a most dif¬ ficult matter to determine where tenants are too grasping in their demands, or where o^vners are too niggardly in their offers. To settle these claims, tact as well as talent is requisite; with these qualifications, we do not despair of effecting satisfactory arrangements in all such cases. It must, under any circumstances, be a give-and-take affair. With respect to farms which require to he improved, and which landlords undertake to im¬ prove, it may not be necessary to grant leases, if tenants holding by the year are paid for the unex¬ hausted value of improved cultivation (which, how¬ ever, is necessary to enable them to farm their lands at a profit). To ascertain this value, farms let on yearly hirings should be valued upon tenants entering into possession, and also, when they gave their holdings up. If increased from improved cultivation by tenants, they are entitled to a fair sum for such. If they have caused a de¬ preciation in rental value, by improper cultivation? THE TENUEE OF IRISH LAND INVESTIGATED. 45 they should be required to make this depreciation good, by the payment of a sum of money. In some cases where small holdings have been improved by tenants, it might be advisable for land- owners to pay for the value of such improvements and take possession of the holdings ; and either throw two or three together, or increase them in size, by adding other lands to them—where prac¬ ticable, these should be unreclaimed lands, but capable of profitable cultivation, if reclaimed. In recommending this removal of small occupiers, we must not be considered an enemy to the poor, nor are we—neither are landowners enemies of the poor; and those who say they are, are slanderers ; and are the worst enemies the poor man has. The Times'" Commissioner has stated, that these small farmers envy labourers who earn from' six to nine shillings per week ; there would, there¬ fore, be no harshness in making them labourers on large farms ; and where they would be better off. As regards the amount of rent which a tenant should pay for land, Irish agitators advise that this should be in proportion to the value of the produce grown ; in other words, a corn or produce rent. We prefer a fixed rent, and for the follow¬ ing reasons :—It would appear at first sight that a corn rent, varying with the price of corn, would be 46 THE TENURE OF IRISH LAND INVESTIGATED. an equitable arrangement between landlord and tenant; but, upon going fully into the question, and considering it in all its bearings, it will be found in practice to have a contrary effect, espe¬ cially as regards the tenant. In the first place, a high price of corn is generally caused by a bad crop, which high price rarely compensates for the short quantity of produce grown ; as the short crop at high prices may not sell for so much as the large crop at moderate prices. So that a tenant would have most rent to pay when he makes the least money from the sale of his produce. Again, a corn rent does not apply to grazing land ; and some farms consist entirely of grass ; many other farms have a large area of grass in proportion to arable lands—and the price of beef, mutton, pork, and butter, are affected by the supply of these, not by the price of corn. It is an old adage and true, down corn, up horn,” and mce versa. Therefore, in regard to grazing land, corn rents cannot apply ; neither can the value of the produce of such farms apply to those on which corn is principally grown. With the present high price of meat, and butter, it is much more to the advantage of corn farm tenants to produce as much as possible of meat, and butter ; thereby realizing the largest profits from their farms, and obtaining from the animals THE TENURE OF IRISH LAND INVESTIGATED. 47 reared or fed, a large quantity of manure, which it is absolutely necessary to obtain, in raising every description of produce profitably. The money rent which a tenant should pay for a farm, is a sum only known to valuers possessing a thorough knowledge of agricultural pursuits—■ this but few resident agents possess—hence com¬ plaints about rack-rents. The Devon Commission reported that It seems hard to discover any sound general principle adopted by the ordinary valuators for rent; some merely jump at their conclusions, others seem to imagine that a certain uniform proportion of the gross produce ought to be set apart as rent, and this proportion has been variously estimated by different witnesses.’* Tenants are often as wide apart in their notions of rental value, as are skilled, from unskilled valuers. We have had farms given up by tenants, be¬ cause their rents were considered so high, that they could not make ends meetwhen we have let them at higher rents, to other tenants, who have not only ‘'made ends meet,” but who have put by considerable sums of money. It is a common but truthful remark, that one farmer will^ in the cultivation of his farm, obtain the value of a horse, where another will barely obtain the value 48 THE TENURE OF IRISH LAND INVESTIGATED. of a saddle; and this accounts for one man being^ enabled to pay more rent than another, and is the reason why he will give more. In fixing the rental value of a farm, the pro¬ duce that may be fairly grown upon it by a moderately skilled agriculturist, possessing ample capital, is doubtless an excellent basis for such purpose; but there are numerous other circum¬ stances which should be taken into consideration. It is not only necessary to examine the soil, but also, the subsoil. The character of the rock on which the soil rests, is also an important con¬ sideration ; as its fertilizing properties will depend upon the argillaceous, silicious, or calcareous cha¬ racter of the rock below. The capabilities of the soil for growing particular crops, will moreover, depend upon situation, climate, and aspect. Un¬ less the structure, texture, mineral composition, and physical properties of soils be known, it is impossible, to cultivate them to the greatest advantage ; or to be enabled to fix their fair rental value. Besides these important considerations, there are many minor ones that must not be over¬ looked. For many years we have taken the capabilities of land as a basis for fixing rent. In some in¬ stances former rents have been greatly increased THE TENURE OF IRISH LAND INVESTIGATED. 49 by US, others reduced; and some remained un¬ altered upon estates under our charge. Where rents are fixed on this principle, arrears of rent are unknown; and we always have good tenants for farms we mav have to let. t/ But after all that has been stated about rent, it is but a secondary consideration to a skilful tenant, with plenty of capital, and who is willing to expend it in the cultivation of his farm ; as no difference in rent will put good and bad farming on a par. By good farming, land may be made to produce say £15 per acre ; while by bad farming only one-half that amount shall be raised. It is on increased produce that farmers obtain their profits ; and a Government which recognizes and adopts the improvement and culture of the soil to the highest possible degree, contributes largely to the welfare of the country, and to the strength of the State ; while the constitution of a country, and the principles by which it is governed, have an im¬ portant influence on the value of landed property. A firm, precise, and intelligent code of laws, and a rigidly impartial administration of justice, tends to raise the value of property in the opinion of every reasonable man. We trust that no one will ever be enabled truthfully, to state, that in this enlightened country, legislators have been so E 50 THE TENURE OF IRISH LAND INVESTIGATED. far intimidated by violent and unprincipled men, as to pass laws to deprive landowners of their property, simply for the purpose of stifling agita¬ tion. Empires have fallen from various causes, but we trust and believe that the fall of this great country will not date its commencement from the passing of unjust laws relating to land. We are aware that no great social change can ever be carried out vdthout touching upon prejudices, either fanciful or real : but it must be'borne in mind that every member of a community is one only of a large family, whose prosperity and comfort he is individually, and as a good member of it, in duty bound to promote; although, in doing this duty, he may be subjected to some personal incon¬ venience, and a slight interference with the rights of his property. This interference, however, vdth his rights, must not be imposed Avithout good cause. Under no circumstances should property be taken from lawful owners and given to those who have no just claim to it. Fiat justitia ruat cesium. We now proceed to a consideration of leases. Those for lives, do not aflbrd so much security as do leases for a stated number of years. The length of term need not extend over twenty-one years, as it is well-known that even waste lands THE TENURE OF IRISH LAND INVESTIGATED. 51 may be brought into cultivation within that period, so as to enable owners or tenants, to repay them¬ selves, for any outlay they may have made in bringing them into cultivation, and in increasing the fertility of the soil. Further on we will give instances where this has been the result. Where suitable buildings of a substantial character have been erected, and other permanent improvements made, but the lands out of heart and condition, a lease of from seven to fourteen years will suffice. On farms where no improvements are required, and where the land is in a high state of cultiva¬ tion, a lease for a year is loog enough. The diffi¬ culty which owners of these last-named farms have to contend against, is to prevent depreciation both in land and buildings ; and this is a very great difficulty. However, whether leases for years be given or not, tenants must be bound to keep buildings in good repair; to cultivate the lands in accordance with the most approved system of husbandry; prohibited from sub-letting and from disposing of their farms, unless with the written consent of their landlords : power of re-entry should be re¬ served in all cases of bankruptcy or insolvency; and two years’ notice to quit should be required E 2 52 THE TENURE OF IRISH LAND INVESTIGATED. by either party. Breaches of covenant, should empower landlords to terminate leases, and re¬ enter upon farms where such breaches have been committed. Mr. Butt, Q.C., would ‘‘ bind the tenant to proper cultivation of the farm, and to the maintenance of all improvements; and in the event of his failing in either of these conditions, he incurs in like manner the forfeiture of the interest which the statute confers on him.’^ This would be a harsh proceeding to take against a tenant, and which we should not like to resort to. We would require such a tenant to quit his holding, but we would pay him for the value of his interest in unexhausted improvements, tillages, and acts of husbandry ; less the depreciation caused by breaches of covenant, and we would only adopt this course, as a dernier resort. Where new leases are to be granted, it would be advisable to fix future rents, say eighteen months, before the expiry of old leases. The mode of payment for improvements should be embodied in the lease, and if the principle of payment which we have suggested in our previous remarks be adopted, we do not see the necessity for legislative interference in the matter; and it should be remembered that when landlords secure THE TENUHE OF IRISH LAND INVESTIGATED. 53 good tenants, they are not likely to be very anxious to part with them. After all that has been stated about perma¬ nent improvements eHected by tenants of farms in Ireland, our own experience, confirmed by that of agents on Irish estates, of English bailiffs, and of English herdsman in Ireland, (some of whom we have aided in obtaining such situations) we assert, and challenge contradiction, that it is very difficult to discover where tenants have made such improve¬ ments at their own cost, except on a few estates, where either perpetual, or very long leases have been granted ; and where the farms are large. On the contrary, small Irish tenants neither make permanent improvements, nor farm their lands well, as a rule. Those who have capital will not expend it upon their land, let alone on permanent improvements ; and those who have none, cannot. This statement is also confirmed by that of the late Professor Skilling, and is given at page 30. The greater portion of the permanent improve¬ ments on Irish estates, have been made by the large landowners alluded to at page 14, as weU as by a great many others not alluded to by us, whenever they obtained possession from those tenants who emigrated during the dreadful famine 54 THE TENUHE OF IRISH LAND INVESTIGATED. and distress so prevalent in 1848, and the years of misery which followed. The improvements in cultivation, have also been carried out by owners ; and the largest class of farmers. Tliis is instanced on the Ardfert Abbey estate, where the owner farms about 500 statute acres, and has a large herd of short-horn cows, the produce from which realized last year, by public auction, about £27 per head; the age of the animals sold, varying from six to eighteen months; and there are many other sales in various ]Darts of Ireland, where cattle are reared, and sold,, at similar prices. But the small tenant farmers on the Ardfert estate neither farm well, nor rear such animals as ane reared by then landlord. The next cpiestion for consideration, is the position of the Irish agricultural labourer, and what can be done to improve it. This it is the more necessary to consider, as the agitators for Irish land seem completely to ignore his interest in the soil. No country has been more assisted in times of tribulation than has Ireland, by England, tlirough private resources; but no comprehensive Government scheme has been proposed for im¬ proving the condition of Irish peasants, or labourers. The outline for one is here suggested, viz :—To employ them in reclaiming the waste lands of that THE TENURE OF IRISH LAND INVESTIGATED. 55 country, which at this time extend over about one million acres, which may be profitably reclaimed for arable cultivation; and a still larger area, for the depasturage of cattle and sheep. We recommend that Government take powers to jDurchase bog and other waste lands of owners, willing to sell, and reclaim them ; and build sub¬ stantial and comfortable cottages, as residences for those employed in reclamation works. These cottages should be built in pairs, and so arranged that they could readily be converted into farm houses, as the reclaimed lands are brought into cultivation. When ready for cultivation, allot¬ ments should be laid out, with cottages on them, and let to the labourers who helped to reclaim them; for, say, fourteen years. The first two years, rent free ; the follooving five years, at half the fair rental value ; the remainder of the term at three-fourths of such value, as already stated at page 42 ; and the land to be given up on the terms therein alluded to. Powers should also be taken for advancing small sums to occupiers of allotments, to be repaid by instalments, extending over twelve years ; when allotments are let for fourteen years, and in the same proportion, for any other number of years for which leases may be granted ; but on no account 56 THE TENURE OF IRISH LAND INVESTIGATED. should tenant right he acquired, except for unex¬ hausted improvements, tillages, and acts of hus¬ bandry. These allotments might ultimately be let with adjoining reclaimed lands, and the latter brought into cultivation, and laid out in farms, of from thirty to fifty statute acres; or larger if required. The reclamation and cultivation of these waste lands, would ultimatelv make them valuable property; independently of finding immediate em¬ ployment for the unemployed ; thereby causing a reduction in poor rates. The Irish, moreover, are well acquainted with the cultivation of such lands ; and which are well adapted for growing potatoes thereon. On a similar system to this the lands of Ulster were brought into cultivation by English, and Scotch colonists ; but our scheme would prevent the creation of middle-men, who have been the bane of Ireland. On the Wandesforde estate, tlie agent has recently informed the public that, “ tlie late Honourable Mr. Wandesforde found that the immediate tenants on the estate had so sub-diUded and sub-let the lands demised to them, and at such exorbitant rents, that their under-tenants generally were in the most miserable condition. Many of the immediate tenants, holding large tracts of THE TENURE OF IRISH LAND INVESTIGATED. 57 landj and in some instances whole townlands at very low rents, had, without having made Ihe slightest improvement, sub-let their holdings at much higher rents, and their under-tenants had likewise sub-let to others. To such an extent had this system been carried, that in the year 1831, although the Wandesforde rental only returned 713 immediate tenants, there were upwards of 2,067 under-tenants on tlleir property; besides a number of occupiers, or what are usually known as cottiers, most of whom were in a most pauperised and miserable condition. Mr. Wandesforde’s well known benevolence towards these unfortunate victims of middle-men during the famine of 1848, and the subsequent years of misery, are too well remembered by the tenantry of the Wandesforde estates to necessitate my recalling it to their memories; suffice it to say, that at that time, of his owm free will and generosity, he laid out on that district, in aiding some to emigrate, alle¬ viating the sufferings of others, in compensation for leases set aside, and in per centage returned to tenants on paying rent, a sum of something over £22,000, besides having forgiven arrears of rent, which amounted to over £8,000.'’ If wastes were reclaimed without Government aid, or that of large and wealthy owners, middle- 58 THE TENURE OF IRISH LAND INVESTIGATED.. men would again spring up, and with these men the accompanying evils which men of their class - are sure to create. In confirmation of the value of waste lands when brought into cultivation; the reclamation of Kawclifie Moss, near Garstangv in North Lancashme, may be instanced, and is re¬ corded in the Koyal Agricultural Societies’ Jour¬ nal of, (wo believe,) 1849. This moss, extending' over 736 acres of almost valueless land (as full of water and shaking bogs as those of Ireland), was brought into cultivation at an expense of about £7,000. The annual value of the potatoe crop' now grown upon it, exclusive of grain and other crops, may be fairly estimated at from £8,000 ta £9,000 ; and its present fee simple value, at from £30,000 to £40,000, as the lands are let at from 305. to 405. per acre. These lands form part of a large estate which has been in our charge the last ten years, and is one of those pro¬ perties where arrears are unknown. All tlie original tenants on this moss land saved money* while cultivating it; some of them liave now large farms. One (Wilham Bradley) wlio came upon the Bawcliffe estate] as a labourer, is now occupier of one of these farms. He is also owner of other lands in the locahty, which he lets, and of house property elsewhere. Other lands THE TENUEE OF IRISH LAND INVESTIGATED. 59 wliicli we are acquainted with, have been reclaimed in various parts of the country with similar results; and it is in the reclamation of the waste lands of Ireland, that employment for the unemployed should be found. Why, therefore, keep men idle in poorhouses when they may be beneficially employed in making that valuable which is now worthless ? The millions of money that are taken from the producing portion of the community, and laid out on the non-producing portion, would, if judiciously expended in improving waste lands, be the means not only of greatly assisting in pre¬ venting pauperism, but would be returned with interest to the original contributors. Employ this redundant population in working the mines of wealth that are hidden in bogs, and other desolate’ wastes, and a public benefit will be conferred. By so doing, it would be drawing upon the rich resources of nature, instead of exacting from the industrious. The vast wastes which are now a solitude, would then be covered with a peasantry inhaling health and vigour in the open air, rather- than disease, and weakness, from confinement in those dwellings that have been planned for non¬ productive labour. The utility of labour, and ios claims to honour and esteem, as well as encouragement and reward. 60 THE TENURE OF IRISH LAND INVESTIGATED. must, on the slightest reflection, be admitted by every one. A correct appreciation of these claims is felt by employers generally in this country, but in Ireland the class of men who some persons desire to make landowners, would, it is feared, if made so while in their present state of ignorance .and degradation, become hard task-masters. Productive' labour is the foundation of a nation s greatness. It has raised man from the condition of the savage, to a civilized being. It stamps the value of every exchangeable article. It has covered the earth with cities, and the ocean with ships ; and if employed as here suggested, would cover Ireland with content, and be the death stroke to Fenianism. Beyond this it would stave off the necessity for emigration for a long time, but would not ultimately prevent the neces¬ sity for it; for when the population of a country becomes so numerous that they cannot all be sup¬ ported upon its limited area, an outlet for the redundant portion must be found, or starvation will be the result. This outlet is afforded by emigration to other climes, where land is cheap and abundant, and people scarce. It may be considered by some to be a hard lot to be obliged to quit their native shores, never, perhaps, to return to them; still it must be borne THE TENURE OF IRISH LAND INVESTIGATED. GI ill mind that men are the sport of circumstances, when circumstances are the sport of rnen.’^ As, however, emigrants from Ireland have managed to send home large sums out of their savings in cultivating distant lands, or from other employ¬ ment, emigration to the industrious and per¬ severing cannot be a very hard lot for tliose of any country to encounter, who are starving at home; and is encountered by men from England, Scotland, France, Germany, and other countries, as well as those from Ireland. It will doubtless he far better for the poor of Ireland to emigrate, than to remain at home as occupiers of very small holdings as hitherto. The absurdity of seeking to obtain a decent livelihood on very small holdings, is proved by the futile attempt of the late Feargus O’Connor (about 20 years since) to establish a peasant proprietary in England, v/hich resulted in the ruin of many industrious artisans and others. Improvident and early marriages in Ireland have much to do with the necessity for emigration, by causing the population to increase rapidly. These we will consider when alluding to influences which retard Irish progress. 62 THE TENURE OF IRISH LAND INVESTIGATED. INFLUENCES WHICH EETAED IRISH PROGRESS. We have stated that there are influences which retard the progress of the Sister Isle; and these are hydra-headed. Hitherto every effort to ameliorate the con¬ dition of the lower classes of Irish has ended in failure. The wisest heads and the soundest hearts have combined all their powers to promote measures of utility and improvement, but in vain. Their endeavours have resulted rather in creating new, than in removing old grievances, whether real or fanciful. It may be justly and fairly asked, what is the cause of this disastrous state of things ? What is there inherent in the physical, civil, or rehgious condition of Ireland so different from that of any other country, that sets at nought all legislative enactments, and turns to fatuity thn best-meant endeavours, and retards its progress ? This we now propose to consider. In raising the superstructure of the social edifice of Ireland, the social status of the lower classes has not been so well considered as it should have been ; and the result is seen in the constantly convulsed state of society, which arises, in a great measure, from the bulk of the lower orders being THE TENURE OF IRISH LAND INVESTIGATED. 63 left in a state of ignorance of their duties to society, and to each other. No greater blessing can be bestowed upon a nation than moral and intellectual instruction; nnd no greater curse can befall it than a state of ignorance. The genius of England has been awoke by diffusion of knowledge; learning and science are working together hand in hand, and are pro¬ gressing rapidly ; but Ireland remains dark and benighted. It is education alone, which can bring, as Mr. Gladstone has stated, the people^s hearts into harmony with our laws and constitution.’^ And to educate them “ is the very first condition of a civilized and well-conditioned community.” Ignorance, it is said, is the principal cause of crime, and in order to render men better and happier, it is only necessary to give them instruc¬ tion.” The benighted condition of Ireland arises^ we believe, from the circumstance of a large majority of the people professing the Roman Catholic religion, and their instruction, such as it is, being left to Roman Catholic priests. These instructors of the people, generally speaking, are . but indifferently educated, and therefore cannot properly teach those placed in their charge, even when they are so disposed. The priests them- 64 THE TENURE OF IRISH LAND INVESTIGATED. selves are under the influence of others liigh above them as ministers of the Roman Catholic religion, and all are under the head of their church—the Roman Pontiff—whom they consider infallible. To the Queen of these realms, the Pope owes no allegiance; and unfortunately the Roman Catholic people are taught to consider the Pope as superior to the Queen—hence their divided allegiance between the Queen and the Pope. The influence which priests possess over their Irish flocks is brought to bear in a variety of ways. In election matters, as shown by the examination of electors, and priests, before the Sligo Election Commissioners, Electors, who were known to vote contrary to the request of their priests, were not only denied entrance to the body of Roman Catholic places of worship, but confined to the outer porches, where they had to kneel, and, as we are informed, had to catch as much as they could of the Word of God as whistled through the key¬ holes.’^ In some instances refractory voters were threatened with a denial of the consolations of their religion, for not voting as they were re¬ quested. Not satisfied with their personal in¬ fluence, these priests employed “ stick men,” who, acting without compromising orders, but simply upon hints, proceeded in bands at midnight to the THE TENURE OF IRISH LAND INVESTIGATED. 65 houses of doubtful or hostile voters, and forced these poor creatures to quit their beds, to kneel upon hearth-stones, and either swear them to vote right, or, in cases of refusal, beat them in a merci¬ less manner.^^ The scenes at elections in Ireland are cruel and disgraceful. In a recent article of the Standard was a letter signed D. McCarthy, in which the writer states that he and his family (except one) were all born within two miles of Skibbereen, and because they left the Roman Catholic church and became Protestants, they were hissed at and hooted on leaving church, Sunday after Sunday, and had to be escorted home by the police; their windows were broken at night, and they had to convert their hitherto defenceless dwelling into an armed fortress.^’ They were also denounced by the priest, at the several stations in the neighbourhood,’^ and, adds Mr. McCarthy, How vainly do Irish¬ men boast of their love of justice and of freedom, while refusing to others the enjoyment of either ? Or why not concede to another the same liberty of worship which they wish to enjoy for themselves ? Or, would they have us, in opposition to our con¬ victions, continue members of a church in whose doctrine we have ceased to believe The conduct of many priests during the late F 66 THE TENURE OF IRISH LAND INVESTIGATED. amnesty, fixiture of tenure, and tenant-right meetings, has been extremely disgusting. They threw aside the sanctity of their order, and became violent partisans, uttering denunciations, and preachmg sedition—a poor return for the destruc¬ tion of the Protestant Irish Church in their favour—or, as they call it, the hated Protestant ascendancy.” The deeply-rooted antipathy of Poman Catholic priests to Protestants and the Queen is so intense, and latterly has become so outspoken, that it must be stopped forthwith, or our most gracious Sovereign may have occasion to command Cardinal Cullen to tell the Pope— “ That no Italian Priest Shall tithe or toil in onr dominions; But as we under heaven are supreme head, So, under him, that great supremacy, Where we do reign, we will alone uphold. Without the assistance of a mortal hand: So tell the Pope; all reverence set apart, To him, and his usurp’d authority.” Though you, and all the Kings in Christendom, Are led so grossly by this meddling Priest, Dreading the curse that money may buy out; And by the merit of vile gold, dross, dust, Purchase corrupted pardon of a man. Who, in that sale, sells pardon from himself; Though you, and all the rest, so grossly led, This juggling witchcraft with revenue cherish; Yet I alone, alone, do me oppose Against the Pope, and count his friends my foes.” THE TENURE OF IRISH LAND INVESTIGATED. 67 It is the nature of these priests to be meddling, and there is no doubt but they are at the bottom of Irish sedition ; and their pernicious doctrines are rousing the blood of every loyal and Pro¬ testant subject throughout the United Kingdom. To their disloyal teaching may safely be attributed the dislike the Poman Catholic Irish entertain towards the Queen, her Protestant subjects, and her Government. It is their teachings that prevent the good in¬ tentions of statesmen to promote progress in Ireland from bearing good fruit; and which keep the masses of the Irish in a deplorable state of ignorance, aud moral degradation. It is they who encourage early marriages (because they bring “ grist to the mill ; and excessive sub-division of land on which to place the offsprings of such marriages. That the public may know how marriages are concluded in the rural districts in Ireland, we give the following truthful description of them :—On a marriage taking place between the children of tenant farmers, the bride gets a dowry, however small it may be. This is taken possession of by the father of either the bride or bridegroom, who keeps it for himself; and, in lieu of it, gives up the whole or a portion of his farm to his son, or son-in-law. An instance of this F 2 68 THE TENURE OF IRISH LAND INVESTIGATED, occurred about three years since^ a few miles from Tralee, where the bride had a dowry of £ 700 , which the bridegroom’s father kept, and gave up ]iis farm to his son. About two years after the marriage, the son died, and his widow was left without funds; and, as women never carry on farming operations in Ireland, the father-in-law of the widow re-entered upon the farm, and the wddow became wholly dependent upon his charity for her support. At these marriage feasts there is indeed Ir ish hospitality! which the priests in the locality almost invariably attend, and when occasionally they all get drunk together—in some instances for several days in succession—many retaining for the rest of their lives striking recol¬ lections of ‘‘ Paddy’s Wedding ” as well as of “Paddy’s Wake.” The mode of hiring labourers is also a most objectionable one. It is this :—On Sundays, after attending mass, the labourers stand in the streets with their implements of husbandry in their hands, when the farmers engage their services, and they all go home together and occasionally repeat the scenes w^e have described as taking place at weddings and wakes. The wages paid are as the “ Times’ ” Commissioner has stated, viz., from 65 . to 95. per week ; but board and lodgings, such as they are, are included. THE TENURE OF IRISH LAND INVESTIGATED. G9 The foregoing are some of the influences which retard Irish progress, and, while such a state of things as here described remains, it is absurd to think of establishing peace and content in Ireland. You may give fixiture of tenure and fixiture of rent; aye, even the property of landowners to the lower classes if you will; but, having done so, Ireland will remain in its present abject and de¬ graded state so long as these baneful influences remain. Another drawback to Irish progress is want of employment. A redundant population, from former dearth of employment, were lowered in character, and obliged to eke out a precarious subsistence from the cultivation of a root which ultimately failed them. Emigration has reduced their numbers, em¬ ployment has become more plentiful, but their social condition is unchanged, their education neglected, and their habits those of idleness. Protestants desire to elevate the lower classes of the Irish by education, enterprise, and pro¬ cess. Poman Catholic priests deshe to keep them in ignorance, as they well know that, when¬ ever they possess the power of thought, undue priestly influence will become a. thing of the past. 70 THE TENURE OF IRISH LAND INVESTIGATED. Educated, right-minded, and even devout Eoman Catholics, will be under no such priestly influence, and the result is that they are loyal and contented ; are fully as kindhearted and enter¬ prising as the best Protestants of any country, and excellent members of society, while the wealthy are charitable and neighbourly. Educate the lower classes of Ireland, and you will make them loyal and peaceful subjects of the Queen ; but, without destroying undue priestly influence and without education, the lower classes of Ireland will remain as now, and what they always have been^—disloyal, degraded, and poverty- stricken . These influences are the heavy clouds which hang, and occasionally burst, over Ireland with fearful violence. They have not, as Mr. Gladstone observed at the Lord Mayor’s recent banquet, simply remained merely specks on the fair fame of this country in the sight of the world for so many generations,” but thunder clouds—fore¬ runners of devastating storms, which cause, as he further observed, a people of noble capacity, of quick susceptibilities,” to possess hearts which in too many cases, do not beat with that warm and lively attachment either to the other named country (England), or to the name and author!- THE TENURE OF IRISH LAND INVESTIGATED. 71 tative law wliicli we so familiarly and so gladly recognize on this side of the channel.’^’ In their hearts, even the Irish do not love their priests; and they have little cause to do so, as they extract from their pockets every penny they can, and keep them in a state of thraldom. Master Fitzgibbon, himself an Irishman, and thoroughly acquainted with the Irish character, writes— They draw a sharp line between the sacer¬ dotal power and functions of the priest and the moral character of the man. While they value his blessing and dread his curse with superstitious awe, they deride his folly and condemn his vices. Even the degradation which strips the priest of his vestments leaves him still in possession of sacer¬ dotal influence over the devoted people.^^ These remarks are confirmatory of our expressed opinion that the lower classes of Irish are naturally full of aflection, devotion, and gratitude ; and were the priestly shackles, which now so strongly bind them to ignorance and degradation, knocked off, their superior qualities would prevail over the inferior, and they would become loyal subjects and a contented nation. Even now they are loosening their bonds, and breaking away from the parish priesthood, as politically led and dictated to by the hierarchy. Educate them, and they would free 72 THE TENURE OF IRISH LAND INVESTIGATED. themselves entirely from every undue priestly influence. Let the education of the rising genera¬ tion be entrusted to Roman Catholic priests, and you will but bind their bonds the tighter. The first step towards the destruction of these pernicious influences should be to elevate the social status of the Irish, when a gradual improvement will take place both morally and physically; but, by surrendering the education of the Irish into the hands of Roman Catholic priests, we shall be givi7ig them a poisoned arrow, with which they will be enabled to strike at the heart of England. Let their priestly mode of education be adopted, and we may say, Farewell content, farewell the tranquil mind,” as the Pope can never love England, and the priests must do his bidding. It seems strange that, while in Ireland priestly influence has so largely contributed towards bring¬ ing one-third of the popidation to a state border¬ ing upon rebellion, that in Germany, France, and other countries that influence is rapidly dying out; and that the Pope is only enabled to keep up a semblance of power at head-quarters by the aid of French bayonets. Yet, notwithstanding all this, his power is sufficient to require us to pay an •enormous annual sum to support a standing army in Ireland (and which is a standing disgrace) to THE TENUEE OF IRISH LAND INVESTIGATED. 73 prevent tlie Irish people from rising against their rulers. The Pope, having lost former influence elsewhere, is said to have concentrated all his hopes in this country. Papal supremacy here may be devoutly desired by the Pope, but we trust it may never be attained. “ Nought shall make us rue If England to itself do rest but true.” EECAPITULATION AND CONCLUSION. In reviewing and revising the subjects we have written upon, we have been forcibly im¬ pressed with the difficulty which any Government must experience in dealing with them. The grounds for interference between landlords, tenants, and labourers in Ireland is to be traced to the anomalous and confused state of affairs in that country, arising principally from land- owners’ dealings with middle-men, as alluded to at page 14. So indifferent w^ere owmers and middle men to the property belonging or entrusted to them, that they allowed patches of waste lands to be brought into cultivation by squatters, who run up mud cabins to reside in ; when, after a time, the middle-men pounced down upon them for rent. 74 THE TENUHE OF lEISH LAXD INVESTIGATED. or drove them off the property, as gipsies are* diiven off wastes and road-sides in this country. But for the above-named circumstances, there would be no difference between land occupied in England and that occupied in Ireland. For¬ tunately for Ireland, middle-men are now rapidly being got rid of, estates are being improved, and. the agricultural community are increasing in prosperity. Much has been said and written about absen¬ teeism. Now, it is a well-known fact that there are at this time more resident landlords in Ireland than formerly ; but these cannot be expected to increase so long as resident landowners are liable to be waylaid and shot whenever they attempt to exercise the rights they possess in the property they ovm. The great progress made in Ireland since the Devon Commission issued its report, is unquestionably due, to a very great extent, to the exertions made by landowners, and their improve¬ ments are to be seen in all directions, and, with these, the improved condition of farmers and labourers. But, after all that has been said about absenteeism, its effects are more^ imaginary than real, as the extra profits to farmers upon articles which might be sold to and consumed in private establishments (instead of being sold in market) THE TENURE OF IRISH LAND INVESTIGATED. 7.> would be very small; especially as resident owners ^ would grow nearly all the produce necessary for consumption in their establishments. Should Government purchase the land of Ireland, there would be he no resident proprietors; when fixity of tenure would be requisite, or Irish agitators might oust Government, as they wish to oust the present owners. We are of opinion that Ireland was never in so prosperous a state as now. Emigration has de~ creased considerably. That to New York has fallen off 20 per cent, since 1865, while that from England, Scotland, and France has increased. Another proof of Irish prosperity is in the fact that less agricultural labourers come to England during hay time and harvest than formerly. In Lancashire, where at one time they came in shoals, but few come now. Only last week we were in¬ formed by an Irish land agent that, in the neigh¬ bourhood of Tralee, labour is rather scarce than plentiful; and this is confirmed by statements made to us by the labourers themselves, wdio state they only come to England during harvest on account of the large wages they earn during that season. If the fact could be ascertained, we believe it would prove that at this time there is far greater distress in this country than there is in 7G THE TENURE OF IRISH LAND INVESTIGATED. Ireland. It, therefore, appears to us, that there is no occasion for Government to interfere between the owners and occupiers of land in Ireland, except as alluded to already. Even Cobden, in iris speech on protection, in the House of Commons, in 1844, stated—‘‘ You do not want Acts of Parliament to protect the farmer ; you want improvements, out¬ lays, bargains, leases, fresh terms.^' As regards the wages paid to labourers, it shoidd be remem¬ bered that they are employed by farmers to a very great extent, not by owners ; and if badly paid, the owners must not be blamed for this, but those who employ them. It is former dealings with land in Ireland which have occasioned the present clamour for fixiture of tenure, hxiture of rent, &c.; and, strange as it may seem, Irish agitators would repeat l3y legal means that which is to be so much deplored, and which, we repeat, would not only destroy the present improved state of affairs, but would send that ill-fated country back to the state of anarchy and confusion from wliich she has but just emerged. It will be found on inquiry that Irish landlords, as a body, are doing all in their power to assist in increasing the products of the soil, as well as to improve the various breeds of animals reared upon it. Landowners who farm their own lands farm THE TENUHE OF IRISH LAND INVESTIGATED. 77 them well, as do large tenant-farmers farm those in their occupation. It is the small class of farmers who farm badly^ and who neither possess sufficient capital, skill, energy, nor enterprise to farm well. Even those who have capital hoard it up, and increase their hoards by beggaring the lands they occupy. If by any Act of Parliament these men can be made to farm well, the sooner such an Act is passed the better. Improved farming, and increase of production,, rests with tenants, not with landlords; and it is to these legislators should turn their attention,, instead of to landlords; if they desire to improve the agriculture of Ireland. The tenant of a farm requires no more legis¬ lative interference to protect his rights than any other class of the community, and he should have no more ; but let him have so much, as it is for the public weal that land should be fertilized to a greater extent than it is, and that a greater number of persons be employed upon it than now are. Let a tenant be assured that the unex¬ hausted value of the capital he invests in improv¬ ing the land in his occupation shall not be lost to him when he quits the land, and he will have all the power a tenant ought to possess. '78 THE TENURE OF IRISH LAND INVESTIGATED. If there be any defect in the relationship between landlord and tenant in Ireland, it is most important that it be remedied as quickly as possible. But cannot the remedy, if one be needed, be more effectually applied by landowners than by Government? We are of opinion that it can be, and that by them alone it should be. Mr. Bright says, My advice to farmers is to *come as little as possible to any Government offices,” and that to honourable gentlemen who profess to be the friends of farming, and farmers, is to allow those concerned in agriculture to con- .sider that sun and shower, and industry, are far better to them than anything that the House of Commons or any Government department can do.” This is excellent advice, and we hope the Government will bear it in mind next session of Parliament. The system of farming in Ireland requires to be altered, much more than the small farmers require fixiture of tenure; for so long as the present system continues, no improvement in the ^condition of the tenantry can possibly be made. So long as they remain in their old unprofitable track, and the unemployed labourers are supported by taxation in idleness, tlie latter must endure the same contumely, degradation, and suffering, THE TENURE OF IRISH LAND INVESTIGATED. 79 ^hicli they have hitherto experienced; and the former will remain, as now, discontented, and poor. If Government consider it desirable to purchase land in Ireland for the lower classes of Irish, we have pointed out at page 55 the description of land which we consider they should purchase ; but Ihe good policy of Government becoming absentee Tandownevs is very doubtful; especially as they would put the country to heavy expense in rais¬ ing money, and for cost of office management. The future peace and prosperity of Ireland are in the hands of the present Government, and if they act rashly, or unwisely, in passing crude, or unnecessary laws relating to Irish land, they will not only injuriously affect both, but also create great confusion in property throughout Her Majesty's dominions. At this time Ireland re¬ quires their best consideration, and all shades of politicians should aid in settling the land question in a satisfactory manner, as the country is so unsettled that it is bordering on rebellion. Sedi¬ tion is rampant, assassins stalk abroad in open day, and innocent men are murdered in cold blood. If the governing powers do not immediately put down these murderous and rebellious subjects of the Queen with a strong hand, it is greatly to be 80 THE TENUBE OF IRISH LAND INVESTIGATED. feared that we shall shortly he engaged in a bloody and internecine war. Surely the seditions ravings recently published in the “ Irishman/’ and other Irish newspapers, cannot be permitted to pass by unnoticed ; if they should be, what proclamations may not be pub¬ lished next ? These sedition-mongers are doing their best to show “ The way to lay the city flat; To bring the roofs to the foundations, And bnry all which yet distinctly ranges In heaps and piles of rnin.” Liberty of the press is doubtless one of the greatest safeguards of a country against the tyranny of its governors, but such gross abuses of this liberty as are evidenced by recent statements in Irish journals, will, if passed unnoticed by Government, be a disregard of the great interests entrusted to their care, and we may ultimately have occasion to say of her as Shakespeare makes Wolsey say of himself—Farewell, a long farewell to all my greatness.” THE TENUKE OF IRISH LAND INVESTIGATED. 81 SUGGESTIONS FOE AN lEISH LAND BILL. An Irish Land Act should be simple in construc¬ tion, clear in its terms, and concise, or it would probably be over-ridden by private arrangements. We are of opinion that an Act embodying the powers alluded to in the following suggestions, may be established by law, with advantage to landlords, tenants, and the community at large. But in any Bill to regulate dealings with Irisli land, we apprehend fixiture of tenure and a peasant proprietary will not form part of it. Fixiture of tenure would be a violent and unjust interference with the rights of property, should it ever be sanctioned. It was condemned by every person who gave evidence upon it before the Devon Com¬ mission, including the great Irish liberator, Daniel O’Connell; and since by Mr. Mill, Judge Longford, and many others who have expressed opinions upon it. It would stop outlay in improvements by landowners; would prevent landlords from forgiving arrears, and making abatements of rent ; and would cause many more owners to become occupiers than are now; and besides this, would encourage slovenly farming by tenants. A peasant proprietary, we believe, would create G 82 THE TENURE OF IRISH LAND INVESTIGATED. a nation of paupers; and tins was the opinion of all who gave evidence upon it before the Devon Commission; and is the opinion of all disinterested persons acquainted with the agriculture of Ireland. A tenant right for Ireland should, as far as practicable apply to the Irish system of husbandry (where there is one I) and partake of the character of that established in England, by the custom of the country;'' but even this varies in different counties, and must do so, where various modes of cultivation are practised, and where there are various descriptions of soil under cultivation. Leases at rack-rents we strongly advocate; but with an equitable tenant right, many farmers would probably prefer yearly hirings, to leases for a stipulated number of years. SUGGESTIONS. 1. Power for tenants upon quitting their hold¬ ings to recover from their landlords all moneys expended by themselves in permanent improve¬ ments, provided such improvements have been made with the written sanction of the landlord or his agent; a fair deduction being made therefrom for the benefit already derived by the tenant; such benefit, if the parties do not agree, to be THE TENURE OF IRISH LAND INVESTIGATED. 83 :iiscertained by reference to an umpire to be ap¬ pointed under this Act. The Act to apply to all improvements" made within five years of passing the same, provided one of the said umpires shall certify that such improve¬ ments are of a permanent benefit to the property. Three months’ notice to be given by a tenant to his landlord, or the landlord’s agent, of inten¬ tion to make improvements, but which should not be commenced until sanctioned in writing by either the landlord or his agent. Landlords to carry out improvements should they elect to do so, and charge tenants with interest on the cost. 2, Tenants to be prohibited from assigning, or underletting, or in any way subdividing the whole or any part of their holdings, without the consent in writing of the landlord, or his agent, first had and obtained. 3. Where a tenancy is determined by the landlord on account of the non-payment of rent, or breach of covenants, or for any cause whatever, the tenant shall be entitled to recover all the compensation he would have been entitled to, had his lease expired, or his yearly tenancy been determined by notice : less rent due, and depre¬ ciation of the farm from improper cultivation and dilapidation. 84 THE TENURE OF IRISH LAND INVESTIGATED, All notices of eviction to be publicly advertised. 4. Existing leases lield with the Ulster tenant- right, not to be affected, but legal po^Yers to be given for enforcing it. 5. Tenants for life, or for long terms of years^ undetermined, or any persons entitled to legal possession of property, to have power to grant leases at rack-rents, for any term, not exceeding 21 years in possession ; without taking any fine,, or premium, for granting of leases; and to pay for permanent improvements, at expiration of tenancy, and to charge the same upon the property. - 6. On tenants entering into possession of farms, the state and cultivation of such farms to be ascertained, and described in vTiting ; which shall be signed by landlords, or their agents, and also- by tenants ; and registered in some public office. 7. Two years’ notice to quit, to be given by either landlord or tenant; such notice to expire at the time of the year tenancy commenced. 8. Where the sums to be paid for permanent improvements, or any other claims under this Act^ cannot be agreed upon by valuers, appointed in the usual way ; umpires to be appointed as pro¬ vided by this Act, and their decisions to be final. 9. In every county, three or more umpires to be appointed annually, by an equal number of THE TENURE OF IRISH LAND INVESTIGATED. 85 landowners (or tlieir agents) and tenant farmers ; and these umpires to settle all matters in dispute, between landlords and tenants. In each county, judges of law courts to appoint umpires from those selected by landlords, or their agents, and tenants. Where from neglect, or any other causes, umpires are not so appointed, judges to appoint them. 10. Powers for Government to jDurchase (of those Avilling to sell) waste lands, to erect farm houses, and offices, upon them; to bring such lands into cultivation, and then to let or sell them ; receiving the purchase money for lands sold, by instalments, or on such other terms, as they may determine. 11. Government to be empowered to grant loans, to landowners, or others in legal possession ; for the purpose of enabling them to pay tenants, for permanent improvements, on tenants quitting their holdings. 12. Tillages, seeds, and all acts of husbandry to be paid to outgoing tenants by owners or in¬ coming tenants, in accordance with some established custom, as in England and Scotland. FINIS. LONDON: THOMAS WAY, PEINTEK, 13 , WELLINGTON STEEET, STRANDi