IRISH LEGISLATION; OR TWO WAYS TO MEET A CRISIS. ORIGINALLY DEDICATED, BY SPECIAL PERMISSION, TO THE LATE RIGHT HON. LORD GEORGE BENTINCK, M.P, BY ROBERT MAHON ALLEN. “ Political Economy, considered as a branch of the science of a statesman or legislator, pro¬ poses two distinct objects:—1st. To provide a plentiful revenue, or subsistence for the people, or more properly to enable them to provide such a revenue or subsistence for themselves. 2ndly. To supply the state or commonwealth with a revenue for the public services, it proposes to enrich both the people and the sovereign.”— Adam Smith. DUBLIN: PRINTED BY PATTISON JOLLY, 12, ANGLESEA-STREET; AND SOLD BY ALL BOOKSELLERS. 1849. TO THE RIGHT HON. LORD GEORGE BENTINCK, M. P. My Lord, The strenuous but unsuccessful efforts of your Lordship to mitigate the sufferings of the starving millions of Ireland, under an unexampled visitation of Divine Providence, by the destruction of the potato crop of 1846, and the sincerity of your Lordship’s motives being fully demonstrated by the fact of your consenting to the ports being opened for six months, for the admission of foreign corn, at the time that your Lordship was most zealous in maintaining the principles of Protection,—as a tribute of respect for such generous and self-denying conduct, this pamphlet is most respectfully dedicated, with the special permission of your Lordship, By your Lordship’s Most obedient humble servant, ROBERT MAHON ALLEN. Dublin, 1st January, 1848. The latter part of the year 1846, and the entire of 1847, replete as they were with so many circumstances of a painful character—the fact that the food of six millions of people having been destroyed by the unerring wisdom of Omnipo¬ tence—evoked the slumbering energies of many who had neither time, inclination, nor ability for taking an active part in that gloomy drama which shall never be obliterated so long as Ireland has a history. I happened from my vocation to be one of those who wit¬ nessed the dreadful strides of Famine and her twin sister Pestilence, which devastated every province, county, town and village in Ireland, whilst no means were taken—the Labour- Bill excepted—to avert the crisis. I addressed the follow¬ ing letter to the Prime Minister; and it was requested by a great many persons in Ireland and Scotland, into whose hands a copy of the letter had fallen, that it should be per¬ petuated in the shape of a pamphlet : this compliment being paid to my first public production, written under the impulse of sorrow at the certain consequences which then flitted palpably before my imagination—the downward ten¬ dency of every existing interest, the certainty that society would be shaken to its foundations, and above all, the vast amount of human life that must pay the forfeit—induced me to watch the progress of affairs* the policy of the statesman 59217 I 4 PREFACE. who had the management of that dark, decisive and ever memorable era, the remedial measures proposed, and their corresponding results. I have endeavoured to demonstrate how a calamity, unparalleled as it was, might have been successfully combated and efficiently met, without loss of human life or serious detriment to any existing interest, by the adoption of the measures recommended in my letters.* It may appear anomalous to dedicate a work to a dead man; but as I had the dedication written previous to the lamentable occurrence which deprived Ireland of her best friend, and the British Empire of one of its brightest lumi¬ naries, I have allowed the manuscript to remain unaltered, as a tribute of respect to the brilliant genius and honest and indefatigable exertions of that mighty spirit that has been eclipsed. * A few weeks after the subjoined was written, I addressed another, which was not published, in which I advised the Premier to suspend (during the crisis) one-half the duty on tea; but, as I expected, it was also disregarded. IRISH LEGISLATION, ETC. TO THE BIGHT HONOURABLE LORD J. RUSSELL, M. P. My Lord —The perils of a crisis will induce many per¬ sons to come forward and remonstrate with the responsible servants of the country, who would under ordinary circum¬ stances maintain an observing silence, more particularly when each succeeding day fails not to reveal its proportionate in¬ crease of calamitous and heartrending occurrences, which must shock every individual possessing the remotest feelings of humanity. The same emotions will receive a double impulse when there is no exertion made from a quarter, where it is legitimately expected every means will be resorted to, to meet the contingency, and avert the frightful consequences which appear (so far as the human eye can penetrate) inevitable. Your Lordship will excuse the rightful liberty exercised by the writer, who flatters himself not incompetent authority of his country’s present sufferings, (borne with a praiseworthy and virtuous submission) occasioned by the dealings of a just Providence, who is too wise to err, too just to act unkind : who does not afflict willingly nor grieve the children of men ; at the same time works His Sovereign will in such a myste¬ rious way that we, short-sighted creatures, cannot comprehend, although persuaded that permanent good will emanate from the present visitation ; and even now apparently, under the frowns of His Providence, he retains a smiling face, and in the midst of deserved wrath will remember mercy. The opportunities connected with my avocation, which for eight years have constantly brought me in contact with parties best acquainted with the wants and sufferings of the people in all parts of Ireland, induce me to presume myself, as I have already asserted, not incompetent authority to proclaim to your Lordship as the responsible party, the destitution, the misery, wretchedness, and starvation of the peasantry, which, no doubt, your Lordship in the abstract is already in posses¬ sion of, through official channels. Allow me, my Lord, with regret, to be the medium of communicating to your Lordship, the general, I may say, with the most perfect confidence—unanimous opinion of this country that they have no confidence in your Lordship’s abilities, as adequate to the emergency—worse still, the idea is entertained (whether right or wrong I do not presume to offer an opinion) that your Lordship is more anxious to support the monopoly of the provision merchants of the city of London, whose representative in Parliament your Lordship is, and which distinction your Lordship would not wish to peril—than the frightful cry of hunger which is ringing through the length and breadth of the land. Already former acts of Whig misrule, which would otherwise be generously buried in oblivion, come forward in all their ghastly aspects, and the cry of dis¬ content, dissatisfaction, and want of confidence, is the theme of every member of the community, not alone of the uneducated, or of a class—but of the rank, intelligence, and education of the country, of all denominations, both lay and clerical. Your Lordship’s Labour Act is denounced as the greatest political blunder ever enacted ! ! The subsequent proclamation of his Excellency the Lord Lieutenant, respecting works of a re¬ productive nature, is a vote of censure on that bill; and while the community justly repose the most implicit confidence in the wisdom and discretion of our Chief Governor, we know his generous acts will be checkmated by a Cabinet who have nei¬ ther the wisdom to foresee, nor the fidelity to perform the duties commensurate to the crisis. Your Lordship’s letter to the Duke of Leinster confirms the opinion of your Lordship’s unwillingness and incompe¬ tency,—infinitely worse, it is believed that your Lordship wished to commit to irresponsible hands the paramount duty of the Government to meet the crisis, and eventually to lay the blame at the doors of the Irish Landlords of any ulterior con¬ sequences that might happen. Allow me to inform your Lordship that this tergiversa¬ tion is unworthy and unbecoming the Prime Minister of the greatest empire in the world. Such political economy is not calculated to allay the fever of excitement which now rages in consequence of the apparent indifference and imbecility of her Majesty’s Government; this is no comprehensive scheme of remedial legislation, exercised with a bold, manly, and states¬ manlike fortitude. There might be some palliation, if it were supposed that the duties of the government were so onerous, that other bu¬ siness equally affecting the public weal occupied their atten¬ tion ; but such is not the case—there is no foreign war threat¬ ening the empire—no intestine dissension distracting at home —no corn laws to be repealed—no additional grant to May- nooth College to convulse the nation, and divide parties—no comprehensive measure of legislation for the improvement of the moral and social condition of the people, (that can be ima¬ gined) engaging the consideration of the Cabinet. The patron¬ age of the government has lulled agitation — party feeling has subsided—angry jealousies seem to have been forgotten, and. highly creditable, all hitherto conflicting parties seem to have merged into the paramount and praiseworthy duty of de¬ vising measures to save the poor from starvation. All is ac¬ tivity and exertion, except the paid servants of the country— even the maligned landlords are now demonstrating “ that pro¬ perty sometimes discharges its duties as well as enforces its rights /” by involving their already overburdened properties in years of debt, and cheerfully undertaking what they are scarce able to perform, rather than allow their unfortunate country¬ men to perish from starvation. Your Lordship will naturally and reasonably remark, when a party censures the acts of others, he must have some definite remedial measures of his own to substitute. I am pre- 8 pared to suggest for your Lordship’s consideration—nay, but for your Lordship’s prompt adoption and immediate execution, 1st—Open the Ports, 2nd—Stop Distillation, 3rd—Increase the Absentee Tax 10 per cent, 4 th—Extend the Income and Property Tax to Ireland on all nett profits, whether from income or other pro¬ perty, where such shall amount to £150 per annum; 5 th—Establish depots in every county for the storage of provisions purchased immediately by money from the Consolidated Fund. The opening of the ports and the stoppage of distillation are acknowledged by all parties indispensable. This country may not be prepared for the imposition of the Income and Property Tax, but allow me to inform your Lordship, that for the last three months, during that time being constantly travelling, I have conversed with men of property, Protestant and Roman Catholic Clergymen, and in the discharge of the duties of my avocation, which brought me into the society of the princi¬ pal commercial men in the different towns in the provinces of Leinster and Connaught, and proud I am to record a recipro¬ city of concurrence on this subject, and cheerfully would they contribute a small portion of their incomes—nay, even deny themselves and their families many gratifications and pleasures, for the noble cause of alleviating the wants of suffering huma¬ nity. Regarding the Absentee Tax, every man will acknow¬ ledge that there should be no absentees under present circum¬ stances, they should remain at home and make common cause with their suffering tenantry, aid them by their advice in di¬ recting their attention to means whereby their sufferings would be mollified—assist them in proportion to their means—report their grievances to the legitimate quarters—assist the Govern¬ ment by precept and example, by inculcating obedience to the laws, encouraging the industrious to exercise perseverance, patience, and fortitude, and deterring the turbulent and lawless 9 from plunder and other acts of aggression. This would miti¬ gate the evil and implant in the minds of the peasantry that their landlords are not regardless of their happiness, that there exists an identity of interests, and that they may always calculate on their assistance and co-operation in any unexpected emergency. Of the establishment of county de¬ pots for provisions purchased out of the funds of the country, it is not necessary for me to say one word by way of recom¬ mendation. From one end of Ireland to the other such is de¬ manded, and the country is astonished that a minister dare for a moment to procrastinate. We pay a large sum for a naval force ; the steamers of the country in commission remaining idle at the different ports or on experimental cruises, might be much more profitably employed in carrying corn to the differ¬ ent depots, and assisting private relief committees, who are, where the Government should be long ago, in the different markets, making preparations for a year of apparent unprece¬ dented famine. Your Lordship may not be inclined to recommend to her Majesty’s Government the consideration of the Income and Property Tax, your Lordship having denounced it in your place in the House of Commons, when it was introduced by your predecessor, as “ inquisitorial ” but your Lordship must now admit how efficiently it has repaired the former ruinous policy of your Lordship, and enabled the minister of the day to make a vast reduction on articles of consumption. Its substitution now, in lieu of your Labour Bill, would not un¬ justly press on those landed proprietors whose estates are already so encumbered as to be unable to discharge their burdens, many of which are in the hands of receivers at the instance of creditors. Your Lordship already expounded the views of the Cabinet with regard to the non-interference with distillation, and it is known that your Lordship is pledged not to interfere with provision merchants. But allow me, very respectfully to inform your Lordship, B 10 that the blunders and imprudence of an individual or indivi¬ duals are not to be considered as binding on a nation, when circumstances turn up requiring them to be rescinded, more particularly when these contingencies were never anticipated by the party who rashly committed himself to those pledges, and whose object we have no opportunity of ascertaining, whether it was to pander to a party, secure a position for him¬ self or his friends, or the public interests. But if your Lordship feels unequal to the emergency, or “ not strong enough for the situation /” why, make an an honourable retreat. Nothing is more dastardly or disre¬ putable than for a servant to retain, or rather usurp, a situa¬ tion after his employer has given him- significant hints of his inefficiency and disapprobation of his services; more espe¬ cially when that servant on former occasions had all but ruined the interests of his employer, and was only hindered by an ignominious and immediate expulsion. I feel no hesitation in telling your Lordship (and with deference) that her Majesty’s Government might have done much, and with a criminal neglect, allowed opportunities to escape which cannot now be recalled or remedied, of averting a great deal of the present calamities. Your Lordship need not have distracted your inventive genius for schemes to meet the crisis. The noble and effective example of Sir Robert Peel must be vivid in your Lordship’s memory, and ere this reaches its destination, your Lordship must have felt the nation’s pulse calling aloud for the Right Hon. Baronet to come forward, and under Providence yet save the country from impending ruin. If your Lordship is still determined to incur the additional responsibility of continuing in office, and that your Lordship has a head to think and a heart to feel and sympathise with suffering humanity, I conjure your Lordship in the name of my suffering country—in the name of Him at whose dread tribunal your Lordship and the writer must separately stand 11 and account for our respective stewardships, not to remain any longer supine and indifferent while things of such para¬ mount importance demand your Lordship’s most earnest and indefatigable exertions. Your Lordship can, by an order in Council, carry my suggestions into immediate operation* “ Where there is a will there is a way,” and doubt not for a moment but in the next session of Parliament your Lordship will get an honourable and grateful indemnification, in addition to the pleasure of your Lordship’s approving conscience, when you reflect that your Lordship has been instrumental in meet¬ ing a mighty calamity with substantial and beneficial mea¬ sures. On the other hand, if after the lapse of four or five months, when matters must of course be considerably aggra¬ vated, and your Lordship, with a sickening horror and the bitter knawings of self-reproach, takes a retrospect, and views the ravages of starvation, and the smouldering embers not yet extinguished of a nation’s misery staring your Lordship in the face, what must be the bitter, tantalising, and unen¬ durable pangs that shall rankle, nay, destroy your Lordship’s future peace, and your Lordship’s name descending to poste¬ rity with feelings of loathsome disgust and sovereign con¬ tempt. Will not every man then say— ‘ ‘ I’d rather be a dog and bay the moon, Than such a Roman.” But hoping better things of your Lordship, and wishing your Lordship a more enviable fame; and as in duty bound to pray for ing a crisis, there was a diminution from the quantity dis¬ tributed of 22,618,068lbs. If the Government had only performed their duty, in ap¬ propriating the money voted by the Legislature for the wise purpose of averting another famine, from an insufficiency of crops not being duly sown, by reason of the poverty of the people in being obliged to eat what they would have reserved for seed, what would have been the happy state of Ireland ? Our fields would have teemed with unusual fertility, our storehouses crammed to excess, from the fact that, within the memory of man, never was there so prolific a harvest. The great Benefactor of the Universe did bless us with more than an average crop—even the absence of disease in what was con- 38 sidered a doomed esculent; and the potato, the greatest of God’s gifts, the most suitable vegetable that was ever planted in Ireland—remunerating to the farmer, and wholesome and nutritious for man and beast, which has again given evidence that it has not taken its final exit; and although it was disregarded and spurned, we shall again, under the blessing of the Al¬ mighty, be favoured with its perennial visits; and instead of despising it, we shall, for the future, appreciate it with grati¬ tude and thankfulness. If a sufficiency of corn had been sown, we would not have had the gloomy Winter that was then before us ; what was sown was so fruitful that a day of public thanksgiving for an abundant harvest was ordered by the Queen in Council, and celebrated on Sunday, the 17th day of October, 1847. But, notwithstanding all this, the cry of distress was again heard; and I assert, that if the wise pre¬ caution had been taken, as was contemplated by the Legislature when it cheerfully voted £50,000 for supplying seed for the coming season, instead of the dismal cry of hunger and desti¬ tution, it would have been supplanted by the dulcet notes of plenty and happiness. The potato crop was introduced into Ireland by Sir Walter Raleigh, in the reign of Queen Elizabeth, and planted in the in the vicinity of Youghall; they were also* planted in the neighbourhood of Edinburgh in 1744, and shewed symptoms of disease in 1844, a singular coincidence, of a century from the time they were planted to the time they shewed signs of decay. As regards this being the most productive root, and so wholesome as an esculent, Dr. Adam Smith in the year 1776, writes:— “The food produced by a field of potatoes is not inferior in quantity to that produced by a field of rice, and much su¬ perior to what is produced by a field of wheat. Twelve- thousand weight of potatoes from an acre of land is not greater produce than 2,000 weight of wheat. “ The food, or solid nourishment, indeed, which can be 39 drawn from each of those two plants is not altogether in pro¬ portion to their weight, on account of the watery nature of potatoes. 4,500,000 0 0 and other incumbrancers,... 9,000,000 ) Profits from trade,. 1,620,680 0 0 Income from professions,. 500,000 0 0 £53,620,680 0 0 Deduct 3 per cent, for income and I property tax, .J Deduct 10 per cent, off Absentees’! portion, ./ £2,508,620 0 0 From the above table we make up a fund of two millions and a half, allowing the difference to be struck off for salaries and incomes not amounting to £150 per annum ; we also save to the consumer, by the substitution of molasses and sugar for grain, for brewing and distillation, £8,000,000 ; we save by the reduction of the duty on tea, £500,000 ; and all these put together would be more than the parliamentary grants and loans which were voted from the Imperial Exche¬ quer for employing the people on useless and mischievous public works. I have collected these figures from the most correct sources, and the estimates must be admitted as unobjectionable in their general bearings. £1,608,620 0 0 900,000 0 0 These are no idle theories or vague generalities, but stubborn facts. If they were adopted, carried out, and applied, there would have been no necessity for Government loans, or tres¬ passing on the industry of others : we could have borne our own burdens, and we were able to meet our own difficulties out of our own resources, even though great, unparalleled, and unexpected as the visitation was. Yet with such feelings of* our own independence we cannot but feel grateful for the charitable donations from the English people and others; they were large and munificent, given in a spirit of Christian com¬ miseration, and will do more to cement the union between the two countries than all the parchment compacts that ever were executed; and although the matter was made use of to con¬ trast the generous qualities of a rich nation with the un¬ grateful acknowledgments of a poor one, by newspapers, they have failed to accomplish their unchristian and vicious designs. The donations that have been given to an integral part of the empire, which would have been and were given to a foreign nation under similar circumstances, have been grate¬ fully acknowledged, and will be as gratefully remembered. The great question that presents itself is—What good will emanate from these gleanings and figures—now that the crisis is over you cannot cure the past ? My answer is—A periodical famine is not now-a-days rara avis in terris ; and, as “ knowledge is power,” it may be useful to know the measures proposed and how applied, and what have been their corres¬ ponding results during the late eventful and ever memorable crisis; it may point out to some succeeding statesman who may be placed, perhaps, in similar circumstances, with similar duties and similar responsibilities, to avoid a policy that has entailed so much mischief, misery, and death; it may enable him not to mistake the wild clamours of interested agitators for the sage advice of public opinion, or the inordinate pas¬ sion of mad speculation for the steady and wholesome course of legitimate trade; never to make promises but those that 65 can be fulfilled to the letter—as was the case in the seed- corn affair—and not to dash from the lip of hope the cup of amelioration, and that he should estimate, above all things, that the lives of the people are paramount to any other con¬ sideration, and should be the special object of a statesman’s care. It is indeed unreasonable, as well as unjust, to be con¬ stantly intruding on the industry of others. We will occa¬ sionally relieve our friends in distress, but we grow weary of and object to the constant practice of it. It is incompatible with, as well as inimical to the laws of human nature. We must all earn our bread by the sweat of our brow; that is the irrevocable decree, and cannot be either annulled or over-ruled. If a commercial firm have different branches of an establish¬ ment in different places, with the same advantages, and one branch fails to pay its own current expenses, the maintenance of its .staff, &c., it cannot be allowed to remain a drag on or depending to the head establishment; its directory must be changed, its system altered, and radically modified in all its departments, and must contribute a living profit over and above the cost of management. Should it fail, after being re-organised, to add its proportion to the general prosperity, it should be finally abandoned. If it prospers under the new system, it is evident that either incapacity or neglect on the part of the managers retarded its prosperity. This is exactly the case of Ireland ; its natural advantages are equal, if not superior, to the other branches of the imperial establishment. And I assert, and I hope have proved, that it has been fear¬ fully mismanaged and grievously neglected, and never so lamentably as during the late crisis. It is evident a new directory must be appointed, a radical change effected, both at the parent as well as in the branch establishment, particularly in the departments of the agriculture and commerce of the latter. It wants labour, machinery, and capital. These are the chief elements required to make a nation prosperous, happy, and great. And, of all the three, labour is by far the i 66 most important desideratum. Labour can make machinery and capital, but neither machinery nor capital can produce labour. If there are, as has been computed, nearly four mil¬ lion acres of reelaimable waste land in Ireland, and were these wastes reclaimed what a considerable addition to the wealth of the country would they be; and, of course, the principal agent in accomplishing this would be labour. If arterial drainage, the building of piers, and the deep sea fisheries, are undeveloped sources of national wealth—safe and profitable investments and wide fields for speculation and enterprise—is not labour the ne¬ cessary and principal agent ? If our latent mines lie buried in the bowels of the earth, is not labour the principal agent required to explore and work them? And, as a matter of course, railways will be required to carry their pro¬ duce ; and the most essential agent for the execution of railways is labour. But, unfortunately, the feeling has taken hold of the minds of the strong and able-bodied, the bone and sinew of the country, that there is a field more remunerating for their labour than that of their native land. And the thousands that are emigrating is a melancholy proof of this, taking all the wealth they can with them, and leaving the aged and infirm as a first charge on the land. But when these three constituents, labour, capital, and machinery, ac¬ companied by education, and repose from agitation, are skil¬ fully amalgamated, Ireland will pay her way, aye, and contribute a respectable quota to the imperial wealth, and there will be a perfect bond of union established ; then, and not until then, will the respective branches of the empire harmonize sweetly together. Repeal will not be preached either as a bugbear or recom¬ mended as a panacea. We shall then look back, not for the restoration of the Brehon law and the old system of Irish chieftainries, but with pleasure we shall reflect that the char¬ ter of our liberties, and the right to and the benefits we derive from our constitution, arise from our connexion with England. We will adopt the language which Grattan expressed in 67 the Irish House of Commons, on the 16th April, 1782:— “ The people of this kingdom have never expressed a desire to share the freedom of England without declaring a deter¬ mination to share her fate likewise—standing or falling with the British constitution/’ Away then with the demon that would still wander among the tombs to hold communion with the evil things of by-gone days, and, by an infernal necro¬ mancy, call from the grave the hideous spectres of forgotten feuds, and make Ireland again the battle-ground for political and party strifes, and convulse the present day with the guilt and the passions of the past. I cannot more appropriately conclude this essay than by the introduction of the following well known and much admired remarks of the gifted Curran :— “ I speak in the spirit of the British law, which makes liberty commensurate with and inseparable from British soil; which proclaims even to the stranger and sojourner, the mo¬ ment he sets his foot upon British earth, that the ground on which he treads is holy, and consecrated by the genius of universal emancipation. No matter in what language his doom may have been pronounced—no matter what com¬ plexion incompatible with freedom' an Indian or an African sun may have burnt upon him—no matter in what disastrous battle his liberty may have been cloven down—no matter with what solemnities he may have been devoted upon the altar of slavery—the first moment he touches the sacred soil of Britain, the altar and the God sink together in the dust— his soul walks abroad in her own majesty—his body swells beyond the measure of his chains, that burst from around him—and he stands redeemed, regenerated, and disenthralled by the irresistible genius of universal emancipation. THE END. PATTtSON JOIXY, PRINTER, 12 , ANGXESKA-STREET, DUBLIN.