\ THE UNIVERSITY OF_gp.LINQ16 LIBRARY I. ■• Return this book on or before the Latest Date stamped below. Th«ft, mutilation, and undsriining of books aro rootont for disciplinary action and may rosult in dismissal from tho Univorsity. University of Illinois Library 1 J I... t,' •! 1 ;1 ■ mzi i 1 m «*•>«/ Hfly 2 1985 NOV i i AWaTi???""-' '" 2^" \ \33\ 331 APR ^'M 5 t992 MAY 1 5 1975 L161 — O-1096 GLADSTONE AND IRELAND a GLADSTONE ND IRELAND HE IRISH POLICY OF PARLIAMENT FROM 1850-1894 BY LORD EVERSLEY AUTHOR OF " PEEL AND O'COKNELL," " A6RAKIAN TEKTJRES," AND " COMMONS AND FORESTS " METHUEN & CO. LTD. 36 ESSEX STREET W.C. LONDON First Published in igi2 PREFACE IN 1887, after the rejection of the first Home Rule Bill, at the suggestion of Mr. Gladstone, I published, under the title of Peel and O'Connell, a review of the Irish policy of Parliament, from the Act of Union, in 1800, to the death of Sir Robert Peel, in 1850. I did not carry it further, as most of the chief actors in the period which followed, includ- ing Mr. Gladstone, were still alive, and it was not possible to write with the same freedom as on the earlier period. There is no longer this difficulty ; with a few exceptions the chief actors have passed away. I have therefore continued the story for nearly another half century, till the retirement of Mr. Gladstone from political life, in 1894, which marked the close of an epoch, of which he was the principal figure. As in the earlier work, I have not attempted to write a full history of Ireland during this period. My object has been to explain the action of Parliament in respect of Irish ^ affairs, to show its sequence and to point the conclusions from it. I have adverted to events in Ireland only so far as was necessary for this purpose. In the same view I have referred to my personal visits to Ireland in 1877-8, 1881-2, and 1887-8, and have included some passages from two journals of them which I pubUshed in 1887-8. I need not add that I have made great use of Lord Morley's [monumental work The Life of Mr. Gladstone, and of Mr. Barry O'Brien's most interesting Life of Parnell. There are lalso the works of Sir C. Gavan Duffy, Mr. A. M. SuUivan, |Mr. T. P. O'Connor, Mr. Justin McCarthy, Mr. Wilham 36(J444 vi GLADSTONE AND IRELAND O'Brien, Mr. Michael Davitt, and Mr. F. H. O'Donnell, which deal with the same period, largely from an auto- biographical point of view. The Lives of Archbishop Tait, Mr. W. E. Forster, and the Duke of Devonshire also throw much light on parts of this period. The summaries of debates in Parliament in the Annual Register are in many cases as good as can be. After comparing them with the full records of debates in Hansard, I have made more or less use of them, I must also express my grateful thanks to Lady Byles for the assistance she has most kindly rendered to me. Abbotsworthy House, Winchester February 20, 191 2 CONTENTS CHAPTER I. Ireland after the Famine II. III. IV. V. ^^ VI. VII. VIII. lis. XL XII. XIIJU XIV. < XV. XVJ. XVII. XVIII. XIX. XX. XXI. XXII. XXIII. xxiy. XXV, XXVI. XXVII. XXVIII. XXIX, XXX. xxxu XXXI L The Fenian Movement The Irish Church Act, 1869 The Land Act of 1870 The Irish University Bill The Home Rule Movement— 1870-8 Obstruction in Parliament The Supersession of Butt Mr. Shaw's Interregnum . The Birth of the Land League The General Election, 1880 The Compensation for Disturbance Bill The Winter of i 880-1 The Coercion Act, 1881 .. The Land Act of 1881 The Arrest of Parnell . Coercion in Mayo and Galway . The Kilmainham Negotiations . Forster's Resignation The Phcenix Park Murders The Crimes Act of 1882 . ^ , The Arrears Act of 1882 . Coercion, 1882-4 The Irish Franchise ' . The Defeat of Mr. Gladstone's Government Lord Salisbury's First Ministry The General Election of 1885 . The Fall of Lord Salisbury's Government The First Home Rule Governmei*t Lord Salisbury's Second Ministry The Plan of Campaign The Crimes Act, and the Land Act of 1887 vii \ PAGE I 12 26 41 51 58 69 88 97 106 114 123 134 146 164 175" i8s 198 213 220 227 234 248 258 268 278 288 299 3" 320 326 Vlll GLADSTONE AND IRELAND CHAPTER XXXIII. Methods of Coercion, 1887-9 • XXXI"Vir The Parnell Commission XXXV. The Fall of Parnell XXXVI. The Second Home Rule Bill . XXXVII. The Retirement of Mr. Gladstone Index .... PACK 337 352 360 370 377 38s GLADSTONE AND IRELAND CHAPTER I IRELAND AFTER THE FAMINE FOR nearly twenty years after the famine of 1846-7 there was little of interest in Irish affairs in the House of Commons. The schism which had occurred after the death of O'Connell between the main party of the Repeal Association and the Young Irelanders caused the withdrawal of popular support in Ireland from the former. The latter lost many of their leaders by the conviction and transportation of Smith O'Brien, Mitchel, Meagher, and Martin. Others narrowly escaped the same fate by flight and expatriation. Gavan Duffy, almost alone, remained of prominent leaders. He was twice put on trial, but in spite of every effort to pack juries for his conviction, some jurymen stood out for his acquittal, and the prosecutions failed. Duffy was editor of the Nation, and did his best, in that paper, to keep ahve the spirit of the Young Irelanders. He was not a revolutionist, like Mitchel; he was a statesman, and an ardent land reformer. He protested against the practice of Irish Members using their influence in the House of Commons to obtain appointments for themselves, or for their friends and sup- porters. He urged in his paper that they should give a pledge not to accept office, and should hold themselves independent of the two main political parties in Parhament. This had been one of the main causes of difference between O'Connell and Young Ireland. In O'Connell's opinion, it was a grave cause of complaint to Ireland that long after victory had been achieved for the cause of Catholic emancipation, aU offices under the Government, whether of the higher class such as Judges, Stipendiary 2 GLADSTONE AND IRELAND Magistrates and others, or of the lower class, consisting of Postmasters, Excise and Customs Officers, and the hke, were still conferred only on adherents of the old ascendancy party, and that Cathohcs were practically excluded. He saw nothing wrong, but rather the reverse, in his followers taking appoint- ments, as the reward of Parhamentary support, or obtaining them for their friends and constituents. What better could they do ? On the other hand the Young Irelanders maintained that such action, on the part of the representatives of Ireland, made it impossible for them, by legitimate pressure, to obtain any legislation which Ireland required. At a meeting of the National Confederation Gavan Duffy carried a resolution in favour of an independent opposition, but it found no favour with the officers of the Repeal Associa- tion, and was disregarded. It is certain that in the years which followed the death of O'Connell, during the Govern- ments of Russell, Aberdeen, and Palmerston, the Irish Members lost caste and influence in the House of Commons by their greed for appointments. The Whips of the Liberal Party, by promises or expectations held out to them and their supporters, could rely on most of them in party divisions. Meanwhile in Ireland the process of clearing estates of their tenants, by wholesale evictions, was in full swing. The recent famine had made it impossible for vast numbers of these tenants to pay any rent at all for two or three years. The arrears of rent, thus accumulated, hung round their necks, and put them completely at the mercy of their landlords. The Encumbered Estates Act also gave an impetus to evictions in two ways. It became the interest of the owners of properties, hsted for sale under the Act, to clear the estates of tenants, in order to increase their saleable value ; and the introduction, after the sales, of a new class of owners, who came into pos- session without any of the traditions of the estates, or know- ledge of the tenants, and who were bent only on making the best of their bargains, resulted in the same policy of clearance being pursued. In the years which followed the famine many wide districts in the west and elsewhere in Ireland were turned into grazing farms by the wholesale eviction of tenants. This led to a great popular movement throughout Ireland in favour of a legal recognition of tenant right and security of IRELAND AFTER THE FAMINE 8 tenure. In August, 1850, a Tenant Right Convention was held in Dubhn, presided over by Dr. Gray (later Sir John Gray), the owner and editor of The Freeman's Journal. It was attended by a great array of delegates of tenant farmers from every part of Ireland, including Ulster. Resolutions were carried unanimously in favour of what were later known as the " three Fs," Fair Rent, Fixity of Tenure, and Free Sale of the tenants' interest — ^principles which were only conceded to tenants in Ireland in 1881, after more than thirty years of agitation, and of suffering from the harshness of the existing law. Gavan Duffy joined in the movement and became its practical leader. Unfortunately for the success of the cause another storm broke out in the pohtical world which roused the passions of the Cathohcs in Ireland, and distracted the attention of great numbers from the grievances of tenant farmers. It afforded the excuse for many who did not really sympathize with them, or whose personal interests were adverse to them, to ride off on another question. Very shortly after the Tenant Right Convention a Papal rescript was issued, recognizing the Cathohc hierarchy in Great Britain, and conferring territorial titles, drawn from EngUsh and Scotch cities in the dioceses, on Archbishops and Bishops, previously dignified only by foreign titles. The pastoral letter of Cardinal Wiseman, in which this Papal rescript was made pubhc, was imdoubtedly of a very conten- tious character, and such as was certain to rouse opposition. The scheme of the Papal Court was regarded in religious circles in Great Britain as an aggressive action, on the part of the head of the Church of Rome, full of menace to the Protes- tant cause. It created a panic in the minds of vast numbers of good people. Lord John Russell apparently S5mipathized personally with this view. At all events he gave way to this religious frenzy, and fanned it into a still stronger flame of fury, by a violent letter to the Bishop of Durham, in which he denounced the Papal rescript in the strongest terms. He did so as the head of the Government, but without concert with his colleagues in the Cabinet. This gave rise to a counter storm of indignation on the part of Roman Cathohcs, especially those in Ireland. In the following year (1851) Lord John Russell introduced 4 GLADSTONE AND ffiELAND in the House of Commons a BiU making the assumption of titles by Roman Cathohc Bishops illegal and punishable by heavy penalties. This was supported by an overwhelming majority of Members of both parties. In vain did some of the ablest men in the House of Commons — such as Mr. Gladstone, Mr. Bright, Sir James Graham, Mr. Roebuck, Mr. Sidney Herbert, and others, endeavour to stem the tide of intolerance. In vain they pointed out the futility of the measure, and the certainty that it would prove a dead letter. The Irish Catholic Members did their utmost to oppose the Bill, and strained the forms of the House by obstructing it in Committee. The whole Session was wasted in passing the Bill through the House of Commons. It passed the House of Lords with Httle difficulty, not, however, without some dignified protests by Lord Aberdeen and others. Chief among the Irish opponents of the Bill in the House of Commons was William Keogh, a lawyer of small repute in his profession, but a most powerful and persuasive speaker on the public platform, who had already gained the ear of the Nationahst Party in Ireland by his eloquence and force. He was supported by John Sadleir, a financier who had founded the Tipperary Bank, and had induced thousands of farmers, in the south of Ireland, to deposit their savings in it, and who was believed at that time to be a man of great wealth and financial credit . With his relatives, Scully and Keatinge, and a f ewother adherents, a small band was formed in the House of Commons, who, by the violence of their opposition to the Ecclesiastical Titles Bill, acquired the name of the " Pope's brass band." Their action gained for them great applause in Ireland. Subsequent events showed that these men were pursuing only their own interests. They were glad to have the opportunity of dishing the movement in favour of the tenant farmers. They felt that the obhgation imposed by the Tenants' League of independent opposition in the House of Commons would be fatal to their interests. They had no wish to commit them- selves to a course, where they would be bound to refuse the emoluments of office. The agitation against the Ecclesiastical Titles Bill involved no such obhgation. They were hoping for office, Keogh in order to retrieve his finances, which were at a very low ebb, and Sadleir and his friends to strengthen their position in the financial world. The leaders of the IRELAND AFTER THE FAMINE 6 Tenants' League already distrusted these men. Gavan Duffy in The Nation^ and Dr. Gray in The Freeman's Journal, made no secret of their hostility. They felt that the cause of the tenants was endangered by this rival agitation against - the Ecclesiastical Titles Bill. The Tenants' League was supported by men of all rehgious opinions, by Protestants from Ulster, equally with CathoHcs from other parts of Ireland. A new great issue between Catholics and Protestants might drive a dangerous wedge between them, which would have a serious effect on the Tenant Right cause. Early in 1852, the Government of Lord John RusseU was unexpectedly defeated in the House of Commons on their MiUtia Bill. Resignation followed, and Lord Derby formed a new Government. Parhament was dissolved in July, and a General Election took place. As the result of it, the two main parties of Whigs and Tories were very evenly divided, so far as Great Britain was concerned. In Ireland the elections turned mainly on the Catholic and Tenant Right questions, with the result that sixty-two representatives were returned in the Catholic interest, and forty-three in favour of the Government. The majority, therefore, of the Irish members held the balance between the two main parties in the new Parhament. They were masters of the political position, and might make or mar a ministry. The majority from Ireland consisted of three groups. There was the "Wliig section, including not a few landowners, moneyed men, and lawyers. There was the group of Keogh and Sadleir and his relatives and friends, who had violently opposed the Ecclesiastical Bill. Its numbers were increased by the result of the elections. There was also the group of staunch Tenant Righters, which had als^ added to its number. Gavan Duffy was returned, for the first time, by New Ross, Lucas by the County of Meath, and Maguire for Dungarvan — a great accession of debating strength. Isaac Butt also was first returned for an Irish constituency as a Protestant and Tory. With rare exceptions all the sixty-two Members^ consisting of the above three groups, had pledged themselves, in their elections, to support the programme of the Tenants' League. There was therefore a great opportunity for an Irish Party to insist upon its land pohcy. A Liberal Government could not be formed against their opposition. Nor could the 6 GLADSTONE AND IRELAND Tory Government have remained in office without their support. In repeated speeches before and during the election Keogh had promised that he would maintain the independence of the Irish Party and would not take office unless their demands were acceded to " I know," he said, " that the road I take does not lead to preferment. I do not belong to the Whigs. I never will belong to them. I do not belong to the Tories. I never will have anything to do with them." At one of the meetings held in Cork, on behalf of the candi- dature of Mr. Scully, Keogh was attacked by Mr. McCarthy Downing and accused of insincerity to the tenants' cause. Keogh defended himself in a speech of great eloquence, which completely carried away his audience. In the course of it he said: " I have declared myself in the presence of the Bishops of Ireland and of my colleagues in Parliament, that the Minister of the day, be he whom he may — let him be the Earl of Derby, let him be Sir James Graham or Lord John Russell — it is all the same to me, so help me God. No matter who the Minister may, no matter who the party in power may be, I will neither support the Ministry nor that party, unless they come into power prepared to carry the popular measures which Ireland demands." Immediately after the General Election, on September 8th, a Tenant Right Conference was held at Dublin, attended by forty of the newly elected Irish Members. A resolution was proposed at this meeting by Keogh, seconded by Mr. Roche (afterwards Lord Fermoy), pledging the Irish Members to hold themselves perfectly independent of, and in opposition to aU Governments, which did not make it part of their poHcy to give to the tenants of Ireland a measiure embodying the principles of Tenant Right and security of tenure. When Parhament met it was still imcertain what course the Irish members would take. In the evenly balanced condition of the two main parties, they were masters of the position. The issue between the Whigs and the Tories was deferred, for a short time, till the Budget of Mr. Disraeli was before the House. In the meantime the leaders of the Liberals had time to compose their differences, and to present a united front IRELAND AFTER THE FAMINE 7 to the enemy. The Irish vote was still trembhng in the balance. It has been asserted by Gavan Duffy that, at this juncture, negotiations took place between him and Mr. Disraeh for the support of the Irish members to Lord Derby's Government. He demanded on their behalf, as the price of their support, the adoption by the Government of a Tenants' Right Bill, which would be satisfactory to them. He said that Mr. Disraeli, who was Leader of the Government in the House of Commons, and therefore almost equal in authority to the Prime Minister, was willing to assent to this. But the secret of the negotiations leaked out, and came to the knowledge of the landlord party in Ireland. A question was put, on their behalf, in the House of Lords, to the Prime Minister by Lord Roden. Lord Derby, who was himself the owner of a great estate in the south of Ireland, and doubtless sympathized with the land- owning class, repUed in unmistakable terms that nothing would induce him to support such a measure, which he agreed would be inconsistent with the rights of property. The Irish members no longer hesitated. They felt assured that they had nothing to hope from Lord Derby's Ministry. They voted against the Budget. Their votes turned the scale. It was rejected by a majority of nineteen only, the exact number by which the Irish Liberals exceeded the Tory Members in that coimtry. Lord Derby's Ministry came to an end. A new Government was formed by a combination of the Liberals and PeeHtes, with Lord Aberdeen as Prime Minister, and Lord John Russell' as Leader in the House of Commons, without a portfoho, and Lord Palmerston as Home Secretary. All Ireland was in suspense. What would their members do in this crisis ? The new Government would be dependent on them. What was to be the condition of the support of the Irish members ? It soon transpired that the Irish Brigade had sold itself to Lord Aberdeen. Its leading members took office. Sadleir became Lord of the Treasury, William Keogh was Irish SoUcitor-General, Edmond O'Flaherty was Commissioner of Income Tax, and so on. On taking office, these men made no condition whatever as regards legislation for Ireland. The tenant farmers, and their claim for Tenant Right, were flung overboard. Nothing in the whole range of pohtical history of Ireland ever caused more 8 GLADSTONE AND IRELAND supreme and lasting disgust and loathing than this treacherous betrayal of its cause by Keogh and Sadleir, and their band of adherents. It is now well known that Keogh was, at that time, in the gravest financial difficulties. He was at the end of his resources. He was encumbered with debt. His professional income at the Bar was insignificant. The emoluments of ofi&ce were essential to him. The position of Law Officer was the certain stepping-stone to a judgeship, which was the goal of his ambition. His election at Athlone had only been secured by the grossest bribery of the few electors there, at prices for votes which overcame every patriotic motive. His re-election, on taking office, was opposed by the Tenants' League, but in vain. The electors greedily swallowed again the great sums paid for their votes. The cost of this re-election added to Keogh's embarrassments. Sadleir was also at this time on the down grade, as regards his great financial opera- tions. While every one in Ireland believed that he was a millionaire banker, of unimpeachable credit ; while thousands of tenant farmers, in the south of Ireland, had entrusted him with their little hoards of savings, he had misused their trust, and had lost immense sums in wild speculations, and was already in the gravest difficulties. Office in the new Govern- ment might do much to restore his credit, though the salary was not large enough to make much difference. The Tenants' League successfully opposed him on re-election at Carlow. Later he found a seat at Sligo, another of the small and corrupt boroughs, which were the scandal of Irish Parlia- mentary representation. It is said that he bribed even the members of the Committee of his opponent to vote for him. He was elected by a small majority. In an action at law, arising out of a scandalous proceeding in this election, he perjured himself in the witness-box, and the jury foimd a verdict against him. As a result he was compelled, in January, 1854, to resign his office as Lord of the Treasury. Already there were rumours that his bank was in financial peril. This was averted for the time ; but two years later the crash came. The bills of the Tipperary Bank were dishonoured by its agents in London. It was discovered that Sadleir had been raising money by forging bonds and other securities. He anticipated the public announcement of his crime and his arrest, by committing suicide. He was found dead early one IRELAND AFTER THE FAMINE 9 morning on Hampstead Heath, with a tankard beside him smelling strongly of prussic acid. When the news reached Tipperary Sadleir's Bank closed its doors. Mad scenes occurred among its ruined depositors. Revelations were made of fraud, forgery, and robbery. The total of these defalcations reached to over a million. O'Flaherty had already fled the country, leaving behind him bills to the amount of £15,000, bearing the name of Keogh among the rest, which were said to be forged. Later James Sadleir, the brother of the dead banker, was expelled the House of Commons for having fled the coimtry under charge of fraud. Keogh survived the ruin of his associates. In 1855, on the accession of Palmerston to the position of Prime Minister, in place of Aberdeen, he was promoted to the post of Attorney- General. In the following year he was raised to the Bench, in spite of the vehement and repeated protests of the Irish National Press. Gavan Duffy in despair, finding that there was no prospect of Parhament doing anything for the cause he had at heart, determined to emigrate. He gave up the editorship of The Nation, and his seat in the House of Commons, in 1855. He emigrated to AustraUa, where he carved out a new and dis- tinguished career for himself, and eventually became Prime Minister of the Colony of Victoria. Lucas, than whom the tenants in Ireland had no better friend and supporter, though he was not a native of that country, died about this time when on a mission to Rome. The Irish Parliamentary Party — so far as their leaders and men of influence and eloquence were concerned — ^were almost extinguished. During the Ministries of Aberdeen, Palmerston, and Russell, down to 1866, they gave no trouble. They hardly counted as a Parhamentary force. They were kept in order by the Liberal Whips — ^not without suggestion of corruption in some quarters, and at all events by the profuse distribution of patronage in the lower branches of the Civil Service. The defection of the Irish Party caused by the betrayal of their cause by the Keogh-Sadleir group had its effect in three following General Elections. In 1857 the Tories returned 48 out of the 103 Irish Members ; 55, or a majority, in 1859 ; and 48 again in 1865. It was during Palmerston's last Ministry that the story 10 GLADSTONE AND IRELAND was told that some one pointed out to the Tory Whip that an Irish Member was taking notes, with the intention of speaking for the Government. " Are you sure it was not gold ? " the Whip rephed. During these twelve years no legislation of any value whatever was obtained by the Irish tenants from Parliament. Tenant Right Bills were introduced, in successive Sessions, by Mr. Sharman Crawford and others, but they were invariably rejected by overwhelming majorities. In i860 Mr. Cardwell, when Irish Secretary, endeavoured to deal with the question from a purely English point of view. He carried two measures through Parliament — the one enabling tenants for hfe of entailed estates to grant leases to farm tenants, but on terms so strictly limited that no one ever took advantage of it, and the measure was a total failure. The other measure, known as the Deasy Act, named after his Attorney-General, aimed at making, tenancies in Ireland the subject of contract only, in destruction of any custom or common law claim to compensation for improvements. It declared that no tenant should be entitled to claim compensa- tion for improvements, except under the terms of an express contract with his landlord. By what process of reasoning Mr. Cardwell could have persuaded himself that such a measure could possibly content the Irish tenants, as a settlement of their claims, it is difficult to conceive. In 1865, when Mr. Maguire moved for a Committee to inquire into the working of Mr. Cardwell's Act of i860, while agreeing to the motion. Lord Palmerston said that ** for his part he could not see the justice or advantage of giving to one man the right of determining what should be done with another man's property." The Government was represented on the Committee by Mr. Cardwell, Mr. Lowe, and the then Chief Secretary for Ireland, Sir Robert Peel. At their instance the Committee, after hearing much evidence on behalf of the tenants, reported that the principle that compensation should only be secured upon improvements made with consent of the landlord ought to be maintained. This negatived completely any claim for retrospective improvements, and rejected the contention that tenants had any permanent interest in their holdings. From 1852 to 1866 the position of the Irish tenants in the British Parhanient was absolutely hopeless. IRELAND AFTER THE FAMINE 11 Meanwhile, many landlords, in the south and west of Ireland, proceeded to put in force the full powers, which the English law, as interpreted byxlrish judges, and supported by the Irish Executive, gave to them. They cleared their estates wholesale of tenants, without any compensation for their improvements, making cattle ranches of the land, or converting it into large tillage farms, and compelling the former tenants and their famihes to emigrate. This process was commended to them by the rigid poUtical economist of that period, as one which was justified by the laws of progress. They contended that it was in the interests of the Irish people that Ireland should be converted into a purely pastoral country, by the clearance of small tenants, and their forced emigration, and by the substitution of Scotch farmers famihar with large tillage farms. These wholesale clearances had their effect, not only on the country districts immediately concerned, but on the neigh- bouring small towns, which had supphed the wants of the people thus dispossessed. Their trade was greatly reduced, while the population of the towns was often increased by a pauperized class of the evicted famihes, who were unable to afford the cost of emigration. The returns of emigrants from Ireland show that between 1849 and i860 they numbered 1,551,000 and between i860 and 1870 867,000. There were in addition the number of Irishmen and their famihes, who trans- ferred themselves to the slums of the great towns in England, and those who crowded into the smaller towns of Ireland, or became agricultural labourers, without any land out of which to eke the miserable wages which the farmers could afford to pay. CHAPTER II THE FENIAN MOVEMENT A BOUT the year 1858 a revolutionary movement com- / \ menced in Ireland, and among the Irish, in the X \. United States, mider the name of Fenianism. It simmered minoticed for a few years, and burst into flames in 1865-7. Historians concur with statesmen, such as Mr. Gladstone and Mr. Bright, in attributing this movement to the long neglect of Parhament to apply remedies for the undoubted grievances of Ireland, and to the wholesale evictions, and the clearance of estates, resulting in the enforced emigration of such vast numbers of Irish famihes, carrying with them the recollection of injustice and wrong. The interior history of this Fenian conspiracy, and whence came the funds which financed it, is still very obscure. We know, however, that it had its origin in the United States, among the Irish who had emigrated from their native country, and that an Association was there formed which spread very widely through the country. It was based on extreme hostility to the British Government. The oath taken by its members bound them to make war against England when called on to do so. Its head centre was James Stephens, who had been implicated in Smith O'Brien's abortive outbreak, in 1848, and had escaped after many adventures. In 1858 he revisited Ireland, and founded in Dubhn the Fenian organiza- tion known as the Irish Repubhcan Brotherhood. It made preparations for a rising under promises of armed assistance from America. The movement received no support whatever from the Bishops and clergy of the Cathohc Church in Ireland, who had always objected to secret societies. Mr. A. M. SuUivan, the able owner and editor of The Nation, did his utmost to prevent 12 THE FENIAN MOVEMENT 18 the spread of the movement. In spite of this, the organization made rapid strides. It was claimed that many thousands of Irish soldiers in the British Army became members of it. Many Fenians enlisted for the purpose of inducing soldiers to join. Later, the conclusion of the Civil War in America set free great numbers of Irishmen, who had fought for the maintenance of the Union, and who were now ready, with Hibernian humour, to fight for the disruption of the British Empire. Many of them returned to Ireland for the purpose, and were engaged in secretly drilling the Fenian recruits. In 1863, in a Convention at Chicago, it was decided to make every preparation for a rising in Ireland, For two years the Fenian organ. The Irish People, preached treason in Ireland in the most open way. But in 1865, an informer. Pierce Nagle, gave full information to the authorities at Dublin Castle of the designs of the revolutionary party, and their personnel. Lord Wodehouse, the Lord Lieutenant (later and better known as Lord Kimberley), acted upon this information with great promptitude and vigour. He determined to anticipate a rising, and to crush the movement before it had the oppor- tunity of making headway. On September 15th, 1865, the pohce broke into the office of The Irish People and suppressed its issue, and took into custody all concerned in it. O'Dono- van Rossa, Luby, Kickham, O'Leary, and later James Stephens were arrested. The latter, however, effected his escape from Richmond Bridewell, with the connivance of some minor official, and, after being some weeks concealed in Dublin, fled to France. Rossa, Luby, Kickham, and O'Leary were tried for high treason by a special commission, over which, to the indignation of the Irish Party, Judge Keogh was selected to preside, and, on the evidence of Pierce Nagle, were convicted and sentenced to long terms of penal servitude. This did not have the effect of suppressing the conspiracy. The American emissaries were still active in most parts of Ire- land, and secret drillings continued. Early in the following year (1866) Lord Wodehouse apphed to the Government in London for greater powers to deal with this revolutionary movement. The escape of Stephens, he said, had given fresh energy to it. Depdts and manufactories of arms had been dis- covered in various parts of Ireland, and large numbers of Irish- American emissaries were known to be dispersed throughout 14 GLADSTONE AND ffiELAND the country, swearing in members, endeavouring to seduce the troops from their allegiance, and holding out false hopes of the intervention of the United States Government. More than five hundred emissaries from America were known to the police, and their numbers were continually augmented from England and Scotland. The Government thereupon applied to Parlia- ment, early in the Session of 1866, for a suspension of the Habeas Corpus Act, and for power to arrest on suspicion, and to detain in prison for six months, without trial, any persons who they had reason to believe were engaged in this conspiracy. A measure to this effect was carried through Parliament in a single day, and received the Queen's Assent on the following day. Rapid as was the passage of this Coercion Bill through the House of Commons, it led to one very important speech being delivered, which had great influence on public opinion in England. Mr. Bright, while not opposing the measure, made one of his best and most impressive speeches on the state of Ireland. He expressed the shame and humihation which he felt at being called upon, for a second time, in a Parhamentary career of twenty-two years, to suspend the constitutional rights of the people of Ireland. He traced the causes of the chronic discontent to the neglect of the Imperial Parliament, which since the Union had passed many Coercion Bills, but few good measures for Ireland. He pointed out that the fact of Fenianism having to some extent a foreign origin, aggravated the difficulty, and he asked why EngHshmen and Scotchmen, when they emigrated, did not, like Irishmen, carry with them an inveterate hatred to the Government and institutions of their birth ? He declared that it was not in human nature to hve content under such institutions as existed in Ireland, and when this insurrection was suppressed, there would still remain the seeds of another crop of disaffection. He beheved there was a mode of making Ireland loyal, and he threw the responsibihty of discovering it on the Government and on the Imperial Parhament. Mr. John Stuart Mill, the eminent philosopher, then Member for Westminster, supported Mr. Bright, and expressed the hope that if these extraordinary, but no doubt necessary, powers were granted, Parhament would not go to sleep for another eighteen years over the grievances of Ireland. THE FENIAN MOVEMENT 15 The measure was supported by Mr, Disraeli on behalf of the Conservative Opposition. Only six members voted against it. The new Act was put in force on the very day it passed through Parliament. Great numbers of arrests were made in Ireland. This led to the hurried departure of numerous emissaries from America. The country appeared outwardly to subside into its usual state of tranquillity. The Fenians in America, however, still maintained the belief that an armed rising in Ireland was possible. Stephens pubHcly pledged himself that it would take place in 1866. The year went by and no great insurrection occurred. Sporadic attempts, however, were made in many parts of the country. Men assembled at the instance of some central association, and met at specified places, but they found no arms ready for them ; they were easily dispersed. Another series of State trials took place at which the chief promoters of the movement were sentenced to penal servitude. The movement was apparently extinguished by these measures. At all events disaffection was driven below the surface. Two incidents, however, occurred, which exercised a great influence in succeeding years. The first of these was the forcible release from a prison van at Manchester, in 1867, by an armed body of Fenians, of Colonel Kelly, who was being conveyed to prison. Colonel Kelly had succeeded Stephens as the head of the Fenian move- ment in Ireland. He had crossed the Channel for the purpose of attending a Fenian meeting at Manchester, and was arrested there with a companion. Captain Deasy, by the police, in ignorance of their identity and imder the suspicion that they were engaged in a burglary. Thirty armed Fenians at- tacked the van on its way to the prison, and dispersed the drivers and guards. They called on Sergeant Brett, the pohceman who was inside the van with the prisoners, to open the door and release Kelly and Deasy. On his refusal to do so, one of them fired a shot from a pistol through the keyhole of the door, with the object of forcing it open. The shot struck Sergeant Brett and killed him. A female prisoner in the van then took the key from Brett's pocket, opened the door, and released Kelly and Deasy. They made their escape and were not recaptured. Meanwhile a large body of policemen made their appearance on the scene, and after a fierce struggle 16 GLADSTONE AND IRELAND with the body of men engaged in the attack, succeeded in capturing twenty-six of them. A Special Commission of two judges was appointed to try these men. Five of them were found guilty of murder, and seven others of riot and assault. Subsequent inquiries proved that one of the five was present only as a spectator, and that he had no part in the conspiracy. He was accordingly par- doned. Another of the five was reprieved on the ground that he had not been armed. The remaining three — Allen, Larkin, and O'Brien {alias Gould) — ^were hanged. The seven convicted of riot were sentenced to penal servitude. Mr. Justice Blackburn, who with Mr. Justice Mellor tried these cases, laid down as law that if the jury were satisfied that the accused had a common design, that dangerous violence was used in furtherance of that design, and that death resulted from it, the crime was murder. This was undoubtedly sound law. Subsequent events, however, in Ireland showed that it was a grave error on the part of the Government to inflict capital punishment on these men. There was much doubt from the evidence whether the three men were more re- sponsible for what occurred than any of the others engaged in the affair, or whether any one of the three had actuaUy fired the fatal shot. On being found guilty, these men, while disclaiming any intention to kill Brett, claimed that their comphcity in the attack was in the nature of a political offence. They made a dramatic appeal from the dock to Irish opinion by joining in the exclamation, " God save Ireland," a phrase which became a watchword with the Irish people. Irish opinion was pro- foundly roused on their behalf. It was believed that they had been unjustly condemned and hanged. They became martyrs in the eyes of the Nationahsts. Multitudes of people in every part of Ireland made demonstrations, by processions through the streets, to testify their grief. Mr. A. M. Sullivan took part in one of these processions at DubUn, and con- demned the execution of these men in his paper. He was prosecuted with others for attending an unlawful assembly, but the jury did not convict. In further proceedings, how- ever, he was convicted of seditious hbel, and was sentenced to six months' imprisonment, in spite of the fact that he had done his best to discourage Fenianism. THE FENIAN MOVEMENT 17 A monument was later erected by public subscription to the memory of the Manchester martyrs, as they were called, in the centre of the town of Ennis (County Clare), without hindrance by the Government. The other case was that known as the Clerkenwell explosion. It came to the knowledge of the Irish Fenians in London that one of their leaders, General Burke, was imprisoned in Clerken- well jail. An attempt was made to effect his release in Decem- ber, 1867. A barrel of gunpowder was placed against the wall of the prison, in a narrow street. On this being exploded the wall of the jail was blown down for some length. The prisoner, fortunately for him, was not in that part of the prison. If he had been there, he would have been blown to pieces by the action of his friends. The result of this reckless proceeding was that twelve harmless persons, hving in houses on the opposite side of the street, were killed, and a hundred and twenty were wounded. For this most wanton attack a man named Barrett was convicted of murder, and was hanged at Newgate, without causing any demonstrations of sympathy on his behalf in Ireland. These two violent acts for a time greatly exasperated public opinion in England against the Irish. They had, however, the effect of bringing home to the English people the depth of discontent among Irishmen, and the necessity for probing its causes, and finding some remedy which should alleviate it. The best evidence of this is to be found in a passage of a speech delivered by Mr. Gladstone two years later, when speaking in the course of the debate on the Disestablishment of the Irish Church. " In my opinion, and in the opinion of many with whom I communicated, the Fenian conspiracy has had an important influence with respect to Irish pohcy. . . . The influence of Fenianism was this — that when the Habeas Corpus Act was suspended, when all the consequent proceedings occurred, when the tranquiUity of the great city of Manchester was disturbed, when the metropohs itself was shocked and horrified by an inhuman outrage, when a sense of insecurity went abroad far and wide . . . then it was when these phenomena came home to the popular mind, and produced that attitude of attention and preparedness on the part of the whole popula- tion of this country which qualified them to embrace in a 18 GLADSTONE AND IRELAND manner foreign to their habits in other times, the vast im- portance of the Irish question."* Reverting to 1866 ; it is to be noted that in the debate on the Address at the commencement of the Session, Mr. Gladstone, as Leader of the House, made his first important pronouncement on Irish pohcy. An amendment was moved by The O'Donoghue expressing regret at the widespread disaffection in Ireland, and representing that it was the duty of the Government to examine and remove the causes of it. Mr. Gladstone, in reply, while opposing the motion, said that the law must be vindi- cated, and that being done, inquiry into the existence of dis- affection became an obligation which no Government could resist. The Fenian conspiracy, instead of releasing the Government from the obligation to improve the conditions of Ireland, raised it higher, and he appealed to the House to judge the Government by their conduct on the various measures which would be brought forward. The principle on which they would frame their measures was that of consideration for Irish opinion on purely Irish questions. The amendment was supported by only twenty-five Members. Among the few able and independent men at that time repre- senting the Irish Party in the House of Commons were Sir John Gray and Mr. Maguire. The former had been a follower of O'Connell in the repeal agitation. He had been put on trial with his chief in 1844. He had been Lord Mayor of Dublin and was greatly distinguished as a municipal reformer. He was the owner and editor of The Freeman's Journal, the most important of the organs of the more moderate branch of the Irish Party. He had recently been one of the founders of the Tenants' League. He had also, on behalf of his paper, insti- tuted an inquiry into the condition and fimds of the EstabHshed Church, the report of which had produced a great effect on public opinion in Ireland. On April loth, 1866, he made a motion in the House of Commons to the effect " that the position of the Established Church in Ireland is a just cause of dissatisfaction to the people of that country and urgent^ demands the consideration of Parliament. ' ' He contended that the Estabhshment had failed polemically and politically, and had accomphshed no object for which it was imported into the country. It had neither succeeded as a missionary • Hansard, May 31st, i86g. THE FENIAN MOVEMENT 19 Church in winning over the Roman Catholic population nor had even held its own. He disclaimed any wish or intention to transfer one shilling from the Protestant Church to the Roman Catholic priesthood. He concluded by pointing out the great importance of removing the feeling of religious inequahty, produced by the ascendancy of one Church over the others, and alleged that this question lay at the root of aH Irish grievances. The Irish Secretary, Mr. Chichester Fortescue, replied that though personally regarding the resolution with cordial con- currence, it was impossible for the Government to accept it, unless they were prepared to follow it up by immediate action, and he maintained that Irish opinion was not yet sufficiently clear, strong, and matured to call upon them for that. The op- position, therefore, of the Government, at the present moment, would be founded not on any grounds of equity or of per- manent pohcy, but simply on considerations of time and circum- stances. Mr. Whiteside, an eminent lawyer, representing Dublin University, speaking on behalf of the Opposition, vehemently opposed the motion. He denied that Ireland was a Roman Catholic country. He contended that the intelligence, wealth, and industry of Ireland were Protestant. He stigmatized the motion as an attack on property and on the Protestant rehgion, prompted by the Roman hierarchy. The debate was adjourned before coming to a decision on the motion, but it was of great importance as indicating the drift of opinion of the Government. Later in the same Session the Irish Secretary dealt with another thorny subject. He introduced a Bill for giving effect to Mr. Cardwell's Land Act of i860, which had proved to be a dead letter. He proposed that where tenants in the future effected permanent improvements, they; should be entitled, if dispossessed by their landlords, to a lump sum equivalent to the increased letting value of their holdings. This Bill was violently opposed by the Conservative Pzirty in the House of Commons. Lord Naas (later Lord Mayo) moved a resolution condemning it as injurious to the holders of small farms, and affirming the principle that compensation should only be granted for improvements made with the consent of the landlord. The debate which followed was of the more interest as it led to speeches by Mr. Lowe (later Lord 20 GLADSTONE AND IRELAND Sherbrooke) and Mr. John Stuart Mill, each stating with great force the opposite views of two schools of pohtical. economy on the subject of Irish Land Tenure. Mr. Lowe pointed out that the introduction of a compulsory term into voluntary contracts was a blunder and a solecism ; for if both parties knew of it, provision would be made against it, and if one of the two was ignorant, a fraud would be com- mitted against him. He warned the House against deaUng with this question on sentimental grounds, maintaining that in legislating for Ireland it was the duty of Parhament not to deviate from the strict principles of political economy. The object of the Bill, he said, was to perpetuate small holdings. These contracts should be regulated by supply and demand. Emigration, if left alone, by reducing competition would in time put the tenants in a position to get better terms. Con- cession, he warned the House, would not end there ; fixity of tenure must follow, and ultimately a permanent settlement like that of Bengal. Mr. Mill made a closely reasoned speech in reply. The | measure, he said, was a fulfilment of the promise of the Govern- ment, made by Mr. Gladstone early in the Session, to legislate for Ireland according to Irish exigencies and not according to Enghsh routine. It had been said that what would do for England might do for Ireland. In this application of the same laws to England and Ireland, not only did they not know the people of whom they were talking, but they did not know themselves. The fact was that Ireland was not an exceptional coimtry. It was England that was exceptional. Was there any other country in the world where, as a general rule, the land was held in large farms, and was cultivated by capitaUsts, at rents fixed by contract, while the mass of the people were entirely detached from it, and simply received their day's wages ? In this respect Ireland resembled the rest of the world. It was England that was pecuhar. Was it therefore right to look to England's experience to meet Ireland's ex- ceptional case? They ought rather to look to continental experience, for it was there where the similarity to Ireland could be found to exist. What did continental experience tell them as a matter of historical fact ? It told them that wherever a system of agricultural economy, like that in Ireland, had been found consistent with good cultivation and THE FENIAN MOVEMENT 21 the good condition of its peasants, rents had not been fixed as in Ireland by contract, but the occupier had the protection of fixed usage, the custom of the country, and had secured to him permanence of tenure so long as he pleased to possess it. He maintained that the right of the improver of the land to the value of his improvement, so far from infringing on the rights of property, was of itself a right of the same description as those of property.^ The speech pointed to a much wider remedy than that in the Bill — ^to some form of security of tenure and judicial determination of rents. The debate on the Bill was adjourned, and it did not come on for discussion again. Within a short time the Government of Lord Russell was defeated in Committee on the Bill for extension of the Parliamentary franchise in England and Wales — on an amendment moved by Lord Dunkellin, son of Lord Clanricarde — an Irish Whig Member. Lord Russell resigned, and Lord Derby formed a new Government in which Lord Mayo became Irish Secretary. His first task was to introduce a Bill for the renewal of the Act for suspending the Habeas Corpus Act. Mr. Maguire opposed the renewal of the Act on the ground that the ordinary tribunals had sufficiently vindi- cated the law, and that measures of repressing unaccompanied by those of a remedial nature tended rather to aggravate than lessen discontent and disaffection. No case, he said, had been made out for continuing despotic government. Mr. Gladstone, on behalf of the Opposition, supported the Government. He did not think that it would be proper, when a new Government had entered on office, to anticipate their policy towards Ireland. If the late Ministry had been in office it would have been their duty to apply for a renewal of the Act. The second reading of the Bill was carried by io8 to 31. In the Session of 1868, during Lord Derby's administration, and while the Reform Bills for Scotl^id and Ireland were stiU under discussion, a most important debate took place on the state of Ireland, spread over four days. It was one of the rare debates which are the turning-points in political history, and in which the policies of the two great parties in the State are definitely pronounced, and the issue between them fairly laid before the country. * I/ansard, May 17th, 1866. 22 GLADSTONE AND IRELAND Mr. Maguire, on the part of the Irish Members, opened the discussion, alleging that the discontent in Ireland, which was the cause of the Fenian conspiracy, had its origin in the land question, and in the existence of the Established Church. The former had led to the exodus of vast numbers of the Irish people, and to the planting in America of implacable enemies to British rule and power ; while the latter was a scandal and a monstrous anomaly, which Englishmen, if it applied to themselves, would not tolerate for a single hour. He repudi- ated on the part of the CathoHcs any desire to participate in the spoil of the Protestant Establishment. The Catholic Bishops and clergy, he said, had declared over and over again that they would not touch a farthing of the funds of the Established Church, although derived from lands once the property of the Catholics. They could not accept any pay- ment from the State, for they well knew, if they were to accept it, they would lose all spiritual influence over their flocks, and would become either the spies or the stipendiaries of the State. Lord Mayo, the Irish Secretary, rephed on behalf of the Government. While not denying that much disaffection and disloyalty existed in Ireland, he claimed that it was among a much lower class of persons than in previous cases, that all landowners or traders, of whatever religion, were strenuous opponents of Fenianism, that the Catholic Bishops and clergy were also opposed to it, and that the real strength of the move- ment was in the United States. While denying that the creation of a peasant proprietary, such as had been advocated by Mr. Bright, Mr. Mill, and Sir John Gray, would be beneficial to Ireland and would have a conservative effect, alleging that it would only lead to the old system of subdivision of property, he intimated that the Government would introduce a Bill for giving greater facilities to limited owners to grant leases. They also proposed to confer a charter on a new Cathohc University. With regard to the Estabhshed Church, nothing coidd be done until a Royal Commission had reported, but the indication was that the Government were inchned to a policy of levelling up, in the sense of endowing the Catholic clergy out of State fimds, or out of the superfluous property of the Estabhshed Church. The announcement of this policy gave no satisfaction to the Irish Party in the House of Commons. Mr. Mill and Mr. Lowe THE FENIAN MOVEMENT 23 renewed their duel on the subject of agrarian legislation, the former defending a proposal he had recently launched in a pamphlet, for buying out the landlords in Ireland and turning the tenants into peasant proprietors. The most important speech in the debate was that of Mr. Gladstone, who boldly announced an Irish policy far in advance of anything he had done in the past. The Church as a state institution, he said, must cease to exist. He condemned the proposal to effect religious equality by leveUing up, and redividing the revenues of the Church among the clergy of other denominations, or by endowment out of State funds. As regards land legislation he asserted the real grievance of Ireland had been acknowledged by the Devon Commission. The improvements effected by the tenants should be admitted by law to be their property. He thought that the full recognition of this would obviate the necessity for any fixity of tenure. As regards the University question he admitted that the Irish had a grievance, but he threw cold water on the proposal for creating a purely Cathohc University. The scheme of the Government was an idea only which was dead before it had hved. It will be seen that this momentous speech of the statesman, to whom Lord Russell had recently surrendered the leadership of the Liberal Party, foreshadowed the policy pursued by Mr. Gladstone with enormous vigour during the next few years. Later, with the object of pledging the party to the pohcy of disestablishing and disendowing the Irish Church, Mr. Glad- stone moved in the House of Commons a series of resolutions ; the first and most important of them to the effect " that it is necessary that the Established Church of Ireland should cease to exist, due regard being had to all personal interests and to all individual rights of property." The resolution was framed so as to pledge the House to the poUcy of disendowing the Church as well as disestabUshing it. It led to a debate spread over eleven days. The resolution was carried by a majority of fifty-six after negativing a dilatory motion of Lord Stanley on behalf of the Government. This was followed up by a Bill for suspending new appoint- ments in the Irish Church. It was carried through all its stages in the House of Commons, by majorities of about the same as that for the resolution. In the House of Lords the Bill was rejected, on the motion for its second reading, after 24 GLADSTONE AND IRELAND a long debate, by a majority of 93 — 192 to 99. The speeches of Lord Derby, on behalf of the Government, and of Lord Salisbury, who had lately left the Government on account of their Reform Bill, were especially violent. They described the policy indicated by it as complete spoliation. Lord Derby denied that the Cathohcs of Ireland had any grievance. They had everything they wanted except their neighbour's goods. The Queen was to be called upon to act in direct opposition to her Coronation oath. The policy was inconsistent with the Union. Ireland would gain nothing, and would suffer by being deprived of a class of resident gentry. It would be dangerous to England and fatal to Ireland. Lord Salisbury appealed on the highest ground, that of justice to the Irish Church, and to the Irish Protestants, who had always been loyal, and whose loyalty might not be proof against such ungenerous treatment. He called on the House to reject so crude, violent, and objectless a measure. These violent speeches paled beside the fiery discourse of the Archbishop of Armagh. "If your Lordships," he said, "overthrow the Irish Estab- lished Chiurch, you will put to the Irish Protestants the choice between apostasy and expatriation, and every man among them who has money or position, when he sees his Church go, will leave the country. If you do that, you will find Ireland so difficult to manage that you will have to depend on the gibbet and the sword." ^ On the first defeat of the Government, in the House of Commons, on the resolutions respecting the Irish Church, Mr. Disraeli tendered their resignation to the Queen, but it was ultimately decided that they should remain in office until after the dissolution of Parliament, which was to be expedited so as to take place in the autumn. This seems to have been the best course, for an immediate dissolution was practically im- possible. It was necessary to complete the Reform Bills for Scotland and Ireland, and to give time for the registration of new voters there and in England. The Irish Reform Bill need alone concern us. The existing franchises in Ireland were nominally wider than in England, but practically much more restricted. For the Counties in Ireland the franchise was an occupation of ;^I2 in value, and for Boroughs £8 in value, as ^ Hansard, June 26th, 1868. THE FENIAN MOVEMENT 25 compared with £$o and £io in England. But the numbers of voters were relatively much fewer in Ireland owing to the general average of wealth being so much less. The Irish Reform Act was a very small measure. It left the County franchise as it was. It established a £4 rate of franchise for Boroughs in lieu of the household suffrage in England. The Government resisted any extension of it and was sup- ported by small majorities of the House. The result was that while in England the Reform Act of 1868 gave an immense extension of the suffrage, both in the Counties and in the Boroughs, and was accompanied by a considerable, though insufficient, redistribution of seats, that in Ireland was almost a nuUity, leaving the electoral franchise much as it was, and preserving the numerous corrupt little Boroughs. It was not till 1884 that Ireland was dealt with, as regards the franchise and the distribution of seats, in a manner which gave a fair Parliamentary representation to its people. CHAPTER III THE IRISIK^HURCH LATE in the year 1868, after the settlement of the Reform question, Parhament was dissolved and a ^ General Election took place. The issue before the constituencies turned almost wholly on the Irish Church. The very great extension of the Borough franchise in Great Britain, giving to the working classes a great preponderance of electoral power, did not result in any immediate demand affecting the interests of labour. Justice and religious equality to Ireland were the main topics, conceived on the part of the new electors in a lofty and unselfish public spirit. The credit of inspiring this generous policy was mainly due to Mr. Gladstone. For the first time in his career, in a series of great meetings in his candidature in South- West Lancashire, he developed fully his remarkable powers on the public platform. His speeches, most cogent in their argmnent, and persuasive in form, appealed to the higher instincts of his audiences, and of the electors of the whole country through the Press. They concentrated the attention of the Liberal Party in Great Britain on his Irish policy. The Disestablishment and Disendowment ' of the Irish Church may seem to us now a task easy of accomplishment ; but the risks at the time to the Liberal Party and to the position of its leader were great. The Church of England was very strong, especially in Lancashire. It feared that its own fate might be involved in that of its sister estabHshment in Ireland. It put forth its full strength. Mr. Gladstone's closely reasoned speeches were the main cause of success at the elections. As a result of them, the Liberal Party improved its position by the gain of twenty-eight seats. It obtained a majority of 112 in the three countries. The votes of the newly 26 THE IRISH CHURCH 27 enfranchised working men in the Boroughs of Great Britain were mainly responsible for this. In the Enghsh Counties the Liberal Party suffered Jmany losses. Mr. Gladstone himself was defeated by Mr. Cross (later Lord Cross) in South- West Lancashire. He was indebted for a seat in the new ParUament to the Borough of Greenwich, which had elected him, wthout putting him to the labour of personal intervention in the contest. Lord Hartington, Mr. Bruce (later Lord Aberdare), Mr. Milner Gibson, Mr. Roebuck, Mr. Horsman, Mr. Bemal Osborne, and Mr. Frederick Peel, kll of them conspicuous members of the Liberal Party, were among the slain. Bfr. Mill was defeated in the contest for Westminster, a most serious loss to the House of Commons. In Ireland, Liberals, Tenant Righters, and even Feniaub united to support candidates pledged to Mr. Gladstone's pohcy. It was the last occasion on which there was a straight issue in that country between the two historic parties. Seven seats were won, on the balance, mainly by Whig candidates, and as the result of the election forty-two supporters only of the Government were returned and sixty-three of the various sections of the Opposition. Of these about half con- sisted of pure Whigs. But they had, for the most part, pledged themselves to support the principle of Tenant Right. Mr. Disraeli (hd not wait for the meeting of Parliament. He made a new precedent by resigning office, after the elections were over, admitting that the verdict of the country was against him. Mr. Gladstone was then commissioned by the Queen to form a Ministry. On receiving an intimation to this effect at Hawarden, when engaged in felling a tree, he is reported to have said gravely, " My mission is to pacify Ireland.'* The Cabinet, which Mr. Gladstone then formed, was un- doubtedly, so far as its personnel was concerned, the ablest and best of his four Ministries, and the most homogeneous — a great element of strength. It was also the Government which made the most mark in legislation of any in the nineteenth century. It was most earnestly desirous of pacifying Ireland by measures of justice and equaUty. Only a single Irishman, however, was a member of the new Cabinet, Mr. Chichester Fortescue, after- ^rds Lord Carhngford, a Whig of detached and independent views, who was more advanced on the question of Land 28 GLADSTONE AND IRELAND Reform than almost any of his colleagues. He was appointed Irish Secretary. Mr. O'Hagan, who had been a Yomig Irelander in his early days, became Lord Chancellor of Ireland with a peerage, and Serjeant Sullivan, a lawyer of eminence and of subtle intellect, was the Irish Attorney- General. The Government, therefore, was well manned for deahng with Irish questions. Mr. Bright, as President of the Board of Trade,* was the only Radical in the new Cabinet On the meeting of the new Parhament, the Coercion Act of the previous year was allowed to expire, and Mr. Gladstone lost no time in presenting a Bill for dealing with the Irish Church. He introduced it, on March ist, 1869, in a speech three and a half hours in length, and of remarkable perspi- cuity, without a redundant sentence, as generously admitted by his opponent Mr. Disraeli, enhvened here and there by passages of great eloquence. His great and complex scheme was the product of his own brain and invention. No one of his colleagues in the Government had any share in it. It bore the impress of his financial genius. There was no other man in the country who could have worked it out with the same complete- ness and thoroughness in detail, and with the same tender regard for the permanent interests of the religious body he was deahng with. No other statesman could have given a popular explanation of it, so as to make its underlying principles, and its method of achieving them, intelligible and acceptable to the whole body of the supporters of the Government, and impervious to the attacks of his opponents, fits object was to sever, at once and for ever, all connection between the Epis- copal Protestant Church of Ireland and the State,Nand, by disendowing it of its temporahties, to remove every vestige of grievance on the part of the great majority of the people of Ireland, in respect of the inequality of treatment of religious bodies ; at the same time to do so in a manner which would fully respect all vested rights of individuals, and would set up the severed Church as a voluntary association, and give it the best chance of maintaining itself in the future. Provision was made in the Bill for the constitution of a new Church Body or Synod, in which all the churches and parson- age houses, and all endowments given to the Church since the * The writer was associated with Mr Bright as Secretary to the Board of Trade. THE IRISH CHURCH 29 Reformation, were to be vested. A temporary Commission was also to be created, to whom all the other property of the Church, its tithes, and the landed property of the Episcopal and other bodies, and ancient endowments of all lands, were to be trans- ferred, with instructions to wind them up by sale or other- wise, and to pay for life to the existing holders of all benefices or offices, under the Church, their present stipends, subject, however, to the condition that they were to continue to perform their accustomed services and duties, while in receipt of their salaries, under the control of the new Church Synod. The Church Commission was empowered to agree to com- mutations of the life salaries of the Bishops and clergy, on the demand of a certain proportion of the clergy of each diocese, and to hand over the commutation money to the new Synod. The annual vote of £25,000 to the Catholic College for Priests at Maynooth was to be capitalized at the rate of fourteen years' purchase ; and the capital sum was to be handed over to the governors of that College. The life interests of the Noncon- formist ministers in Ulster, who were the recipients of the Regium Donum grant of ;f 35,000 a year, were to be respected in the same way as those of the Disestabhshed Church, and the grant was thenceforward to cease. The total value of the Church property of all kinds was estimated at about 16 miUions, of which 9 millions represented the value of the tithe rent charges, and 6^ millions the value of the landed and other property. The estimated commutation of the stipends of the clergy was £5,700,000, The capital sum for extinguishing the grant to Maynooth and the Regium Donum Was £1,100,000 and the compensation to the owners of advowsons £900,000. Other charges and expenses made up a total of about 8J millions, leaving an estimated surplus, after the process of winding up was completed, of about 7J miUions. It was proposed in the Bill to devote this to the reUef of imavoidable calamity in Ireland. Specific appropriations were proposed for lunatic asylums and county infirmaries. The preamble of the Bill laid down the important principle that no part of the surplus was to be devoted to the support of any rehgious bodies — thus negativing the principle of concurrent endowment of other religious bodies. In propounding this scheme Mr. Gladstone, over and over 80 GLADSTONE AND IRELAND again, insisted that it was in the permanent interest of the Church itself. *' I believe," he said, " it will be favourable to religion." "It is essential to those principles of right on which any religion must rest." " The establishment cannot continue to exist with advantage to itself or without mischief to the country." " The measure must be prompt and final — the grievance must.be put out of sight, out of hearing, out of mind. The Church must not be inflicted with the pain of a lingering death. Every means should be taken of softening the transaction." " The proposed commutation would be favourable to the Church by enabling the Church body and individual incumbents to adjust their relations, and make a more economical application of their resources, than would be possible by the maintenance of the original annuities." ^ When we look at the results of the scheme, since it passed into law, we shall see how enormously important this principle of commutation has been in saving for the newly constituted Church a large part of its endowment. Looking back, we may surmise that Mr. Gladstone foresaw this, but abstained from explaining it more fully, lest he should alienate some of his supporters among the Cathohcs of Ireland, and the Noncon- formists of England, by showing how favourable the scheme would be to the Disestablished Church, and what large endowments would remain to it, on the assumption that the Church people did their best to meet the new position. Mr. Disraeh moved the rejection of the Bill on the second reading, in a Speech which, even at this distance of time, is worth reading for its literary merit, although its substance was unsound, and none of his gloomy prophecies have been verified. He strongly opposed Disestabhshment on principle. " It is," he said, " because there is an Established Church that we have obtained reHgious hberty, and enjoy rehgious toleration, and without the union of Church and State, I do not see what security there would be for religious hberty or toleration." On the subject of Disendowment he was most emphatic, and his speech was loaded with expressions of " confiscation," " plunder," " robbery," and " sacrilegious spoliation." " In a certain number of years," he said, " the Protestant Church will not have left to them a shilling of property, while they * Hansard, March ist, 1869. THE IRISH CHURCH 81 will see a richly endowed Roman Catholic clergy and a comfortable Presbyterian body, and both provided for out of their property." Mr. Disraeh's speech, though carefully prepared and laboured, and not without its passages of eloquent attacks, did not leave the impression of real earnestness and conviction, or of belief in successful opposition. These elements were supplied in the debate by Dr. Ball, Member for the University of Dublin, a lawyer of eminence, and a most eloquent champion of the Irish Church, and Mr. Gathome Hardy, representing Oxford University, who expressed in passionate language the opinions of the great majority of the clergy of the Church of England. They presented the case against the Bill as well as it could be. The point on which both of them most relied was that the Bill, if passed, would be a virtual repeal of the Act of Union of 1801, by doing away with an essential part of it, which declared that the Protestant Church of Ireland was to continue, and that it was to be one as regards doctrine, discipUne, and government with the Church of England. Dr. Ball inveighed against the harshness and imrelenting rigour with which the BiU had been framed. The inevitable result of it, he said, would be general discontent — of the clergy, because the sources of their endowment would be taken from them, of the laity because new and additional burthens would be imposed on them. Religious animosities would be in- creased and great bitterness of feehng would result. He had doubts whether the new Episcopal body of the Church of Ire- land could ever be formed. In any case, the Bill was no presage of peace and conciUation. It would be a precedent for organic changes of a more dangerous character. Mr. Gathome Hardy followed in the same strain. In an impassioned peroration he said : " When I find that endowments, which I beHeve are sacred to the service of Almighty God, are given to purposes for which they were never intended, and taken from those who have done no wrong . . . when also I find that Pro- testants, left without clergy to look after them, will be absorbed in the Roman Cathohc body, to the best of my judgment and to the best light of my conscience the Bill is alike wrong in the sight of God, and against the interests of my coimtry. I do not hesitate to denounce and oppose this sacrilegious measure." It cannot be said that Mr. Gladstone was much aided by 82 GLADSTONE AND IRELAND any speeches from Irish Members, or from his Nonconformist supporters. They were effaced by his own complete defence of the Bill. The most conspicuous speech in support of the Bill was that of Mr. Bright, who dealt with the subject in a lofty spirit— one of his greatest efforts in the House of Commons — ^his only speech of real distinction while a member of the Government. The Bill was read a second time by a majority of ii8. It passed through the Committee stages unscathed, after long discussions. Here again Mr. Gladstone was supreme. He defended his scheme against all opponents, and completely silenced them in debate, by his infinite superiority of know- ledge of the subject. The only assistance he needed and received was that of the Irish Attorney-General, who on legal points showed great skill in debate. The Government was supported by unfailing majorities. The measure, with a very few minor concessions, passed a third reading by a majority of 124. In the House of Lords the fate of the Bill long hung in the balance. The position of the Liberal Government there was not then so hopelessly impotent, as it has been in later years. During Lord Palmerston's Ministries, the two parties had been almost evenly divided in the House of Lords. In 1869, the normal majority of the Tory Party was believed to be about forty. It was known that some of the Tory Peers would vote for the Bill, but it was quite uncertain, up to the last moment, which way the balance would lie. We now know, from the published letters of Queen Victoria and Archbishop Tait, that the Queen, though much disapprov- ing the pohcy of the Irish Bill, and regretting that it had been thought necessary by Mr. Gladstone to introduce it, was most anxious to avoid a conflict between the two Houses of Parlia- ment, and regarded with the greatest alarm the result of a hostile vote on the Bill by the Lords. In letters to the Arch- bishop the Queen urged him to use his influence in favour of the second reading of the Bill.* This fell in with the Archbishop's own views. He was not influenced in the opposite direction by a letter from Mr. Disraeli, who had so recently elevated him to his high position, urging that the Lords should be " brave, firm, and unfaltering." ' Life of Archbishop Tait, II, 24. THE IRISH CHURCH 88 The Archbishop was more than an exemplary prelate of the Church ; he was a most sagacious and independent statesman. He recognized that the Church of Ireland, as it existed, was mdefensible. The Bill was introduced by Lord Granville. He was supported in debate by Lord SaUsbury and Lord Carnarvon, who, two years previously, had resigned their posts in Lord Derby's Government and who, in 1868, had spoken and voted against the Suspensory Bill ; also by Lord Grey and by the veteran Lord Russell. The Conservative Party in the Lords was then led by Lord Cairns, who had been Lord Chancellor in Mr. Disraeh's short Government, on the retirement of Lord Derby. He was an Irishman from Ulster, sharing in the strong anti-national views and the narrow prejudices of the Protestants of that province. He spoke in the strongest terms against the Bill, and advised its rejection. He was supported by Lord Derby in this last, but not the least effective, of his many eloquent and polished speeches. Lord Derby had resigned office in the Liberal Government of 1834, sooner than agree to the very limited proposal to appropriate a small part of the revenues of the Irish Church to secular purposes, a measure which in three successive years was rejected by the House of Lords, and was finally dropped. It is conceivable that if concessions had then been made, the Irish Church might have been saved from the present wider attack on it. Lord Derby was unchanged and unchangeable. ^He asserted that the Bill was opposed to the Act of Union and to the Coronation Act of the Sovereign ; that it was as impohtic as it was immoral.y The speech of the debate, however, for the Opposition was that of Dr. Magee, Bishop of Peterborough, who had recently been promoted to this See from an Irish Deanery. He represented with extra- ordinary force and eloquence, which electrified the usually torpid House, the repugnance of Irish Protestants to the Bill. He attacked the Bill mainly on its general poUcy, as an act of injustice, cruel, harsh, and niggardly. He denied that the verdict of the electors had been given on any such scheme. He was supported in this view by Dr. Alexander, the Bishop of Deny — later Archbishop of Armagh, whose speech is worthy of notice, if only for the purpose of showing that Bishops are not endowed with the gift of prophecy. He 3 34 GLADSTONE AND IRELAND affirmed that voluntaryism was quite unsuited to Ireland. The Bill, he said, would leave the Irish Church unprovided for after the death of the existing clergy. It would bring about in Ireland " an atheistical nation, under the redominion of a Papal Legate, and stamped with und5ang hostility to the Protestant religion." Throughout all the speeches of the opponents of the Bill there was the same misconception as to its effects. There was an incapacity to understand how the Irish Church could be reconstituted under the new scheme, and how its clergy and its services could be maintained. There was also a strong desire among many Peers to appropriate the surplus, resulting from winding up the property of the Church, to the provision of residences and glebes for the Roman CathoUc and Presbyterian clergy. Archbishop Tait, while recommending the Peers not to reject the Bill, on the second reading, and himself abstaining from voting, attacked its details. There can be little doubt that the Archbishop averted the defeat of the Bill at this stage. Had he thrown his influence against it the Lords would have rejected it. He did not indeed persuade his episcopal brethren. Fifteen of them voted solid against the Bill. The Archbishop of York and the Bishop of Oxford (Wilberforce) abstained from voting. Alone the Bishop of St. Davids (Thirlwall) voted for it after a most powerful speech, in which he completely disposed of the episcopal argument against it that it was sacrilege. The result of the division was uncertain up to the last minute, but when the tellers came to the table it appeared that the second reading had been carried by a majority of 33 — 179 to 146. As often happened in the House of Lords, the acceptance of the principle of the Bill, on the second reading, was only a prelude to an attempted destruction of it in detail in Com- mittee. The Conservative lords fell upon the clauses, and wrought havoc on them. They struck out of the preamble the important words excluding the apphcation of any part of the surplus funds of the Disestabhshed Church to rehgious purposes. Later, they introduced a clause, on the motion of Lord Stanhope, enabhng the purchase of residences for Cathohc and Presbyterian clergy. This was strongly opposed by Lord Cairns, but was carried against the Government by THE IRISH CHURCH 85 a small majority. They then proceeded to deal with the finance of the Bill, increasing in a number of different ways the amount to be left in the hands of the intended Church body, so as to form a new endowment for the Church. Of the seven miUions, estimated as the surplus, five miUions were to be appropriated in this way. The Government made some concessions. They agreed to give half a million in heu of private endowments acquired by the Church, since 1660, about double their estimated amount. They agreed to an addition of 7 per cent to the commutation money, on the plea that the lives of the clergy were of longer duration than the average of ordinary persons, according to the usual tables of mortality, an estimate which turned out to be incorrect. These concessions in no way conciliated the Opposition, but rather whetted their appetite for more, in their seven nights' struggle in Committee on the Bill. The mutilated Bill returned to the House of Commons. Mr. Gladstone made short work of the Lords' amendments. He affirmed that they practically destroyed the Bill. Instead of disendowing the Church, the Bill, as altered, would leave it a highly endowed body, free from any State control. Those who had proposed these changes had been Hving in a balloon. The House of Commons supported Mr. Gladstone by majorities as great as those which had passed the Bill. It returned the Bill to the House of Lords in its original form, with the exception of the concessions already referred to, and a few ininor amendments. The House of Lords met again, on July 20th, to consider whether to insist on their amendments. Meanwhile the Queen had again been active in urging conciha- tion. A letter to the Archbishop said : " The Queen cannot view without alarm the possible consequence of another year of agitation, which would be Hkely to result in worse, rather than better, terms for the Church. Concessions will have to be made on either side." ^ On taking up the Bill again, the Lords seemed to be ready for battle, and prepared to face the consequences of the defeat of the Bill. The first question for them was their amendment to the preamble. By a large majority, they insisted on the exclusion of the words forbidding the appUcation of the funds to any religious purposes. Thereupon Lord Granville moved * Life of Archbishop Tait, II, p. 36. 86 GLADSTONE AND IRELAND the adjourament of the House, intimating that the Govern- ment could no longer be responsible for the conduct of the BiU. A short delay occurred before the House met again. This was availed of by the Queen and the Archbishop for further negotiations. Dr. Tait was for giving way still further, and so also Mr. Disraeli appears to have been. A conference finally took place between Lord Granville and Lord Cairns. The latter took upon himself to come to terms, which practically surrendered the claims of the House of Lords, subject to a very few concessions on the part of the Government. The proposed provision of residences for Cathohc and Presbyterian clergy was abandoned. The Government agreed to leave the distribution of the surplus funds to a future Parliament, and to give up their scheme for applying part of it to lunatic asylums. The final demands of the Lords were reduced to very slender proportions. The Government agreed to add another 5 per cent to the com- mutation money when effected through the Church body. When the Lords met again the crisis was over. Lord Cairns justified the course he had taken, on his own initiative, of agreeing to these terms. No exception was pubHcly taken by the party behind him. But Lord Derby immediately rose from his seat and left the House in great dudgeon.* There can be little doubt that the final arrangement was due mainly to the influence of the Queen and to the Archbishop. In his journal the Archbishop wrote : " We have made the best terms we could, and thanks to the Queen, a coUision between the Houses has been avoided ; but a great occasion has been poorly used, and the Irish Church has been greatly injured, without any benefit to the Roman Cathohcs."2 The sequel has not justified the Archbishop's verdict on the transaction. It remains to state briefly the results to the Protestant Episcopal Church of Ireland of the great measure, so much dreaded by its members. Forty- three years have elapsed since it became law. With very rare exceptions, all the Bishops and clergy then existing, and whose hfe interests in their stipends were respected and provided for by the Act, have * Lord Derby never entered the House again. He died three months later. - Life of Archbishop Tail, II, p. 42. THE IRISH CHURCH 87 passed away, and a new generation of clergy has grown up, under completely altered conditions, no longer connected with the State, or provided for out of State endowments. It is now certain that not one of the gloomy predictions of the Irish and EngHsh prelates in the House of Lords, or of opposing pohticians in both Houses of Parhament, has been verified. Everything has occurred in the interval, in the manner provided under the Act, and in the order and with the fortunate results expected and promised by Mr. Gladstone. The Church reconstituted and reorganized itself inmiediately after the Act without any difficulty. A governing Church body was formed, and was sanctioned by Charter from the Crown, consisting of Bishops and clergy and of lay members in equal niunbers, and with the addition of a certain number of co-opted members, of whom a majority were la3nnen. This representative body tackled the difficulties of the new position with courage, and with the greatest financial abihty and prevision. They wisely determined to avail themselves of the scheme which had been foreshadowed by Mr. Gladstone, and rendered possible by his Act. By their advice, the Bishop)s and clergy, with rare exceptions, agreed to the commutation of their emoluments and salaries on the terms of the Act, and the payment of the aggregate of these commutations to the Church body, to whom they looked in the future for the payment of their existing stipends, and to whom they were bound to render their services as ministers. The Commission appointed, under the Act, to wind up the affairs of the Church, paid over to the new Church body, in respect of 1282 Bishops and incumbents, the sum of £5,818,000, the actuarial value of their interests in those endowments, with the addition of 12 per cent conceded by Parhament, and in respect of 900 curates the sum of £1,700,000. They also paid the sirni of £500,000 for private endowments created since the Reforma- tion. The Church body therefore found itself in possession of a capital sum of about £8,000,000, with the obligation to pay their existing stipends to the Bishops and clergy. The Church body then appealed to the members of their Church in Ireland, and to churchmen in England, for iinmediate support in subscriptions and donations for the mamtenance of their Church. The appeal met with a generous response in Ireland, and a somewhat niggardly one in England. 88 GLADSTONE AND IRELAND In the two or three years after the Act subscriptions and donations were made to them, at the rate of £220,000 a year, and for the whole forty years they have averaged ;^i65,ooo, and have amounted to an aggregate of over 6 millions. The Church body then set to work to reduce the redundant members of their clergy. They were able to effect this by offering to the clergy favourable terms of release from the obhgation of continued service during their lives. Those of the age of thirty-five were allowed to go free, on accepting one- third of the commutation money secured to them by the Act, and those of the age of sixty-five were allowed two-thirds of the same, with proportional increases or reductions for inter- mediate ages. Upwards of 1000 of the 2380 clergy compounded on these terms and were freed from further service. The resulting profit to the Church body of these compounding clergy amounted to no less than £1,300,000. The number of the clergy for the future establishment was greatly reduced by the amalgamation of parishes where Churchmen were few in munber, with the result that the total number now employed is 1535, compared with 2380 before 1869. The present aggre- gate of stipends of the Bishops and clergy is £314,000 exclusive of their residences and glebes, as compared with £590,000 a year inclusive of residences and glebes at the time when the commutations were fixed. For ten of the Bishops alone the stipends are now £18,000 a year, compared with £48,800 a year under the old conditions. The result of all these operations has been that the Church body is now in possession of all the churches, of all the resi- dences of the Bishops and clergy, of glebes for the rural clergy not exceeding in each case ten acres, for which they have paid £587,000, and of invested funds valued at shghtly over 9 millions, the interest of which is more than sufficient to pay the stipends as now fixed of its Bishops and clergy. The Church body is further in receipt of annual subscriptions and donations which for the last five years have averaged £165,000 a year, of which £100,000 a year is provided by parochial assessments voluntarily paid, and the remainder by donations to the Church body itself. It is stated on good authority that the total number of persons of all ages who are members of the Church is 580,000, of whom 209,000 are in the Diocese of Down. It may be THE IRISH CHURCH 89 doubted whether any religious body in the United Kingdom, not connected with the State, is so well provided with a staff of clergy, receiving better income, or has a larger endowment in proportion to its members. The position of the disestablished Church as a religious commimity is not less satisfactory. Its Synod, freed from control of the Legislature, has been able to make what changes it desired in its ritual. The most striking testimony to the good effect of the great Act in giving vitahty to the Church was that of Lx)rd Plunket, late Archbishop of Dubhn, who had been Bishop of Meath in 1869, and had strongly opposed the passing of the measure. In his episcopal charge, in 1892, after twenty-three years' experience of the working of the new order, he said : " When I count up the advantages which followed Dis- estabhshment, when I think of the renewed strength and vitality which our Chuich has derived from the admission of the laity, and responsible participation in the councils, in the disposition of patronage, and in the financial departments of her work, when I observe the spirit of unity and mutual respect which has been engendered by the ordeal of our common adversity, and the increased loyalty and love which are being daily shown to their Mother Church by those who have had to make some sacrifice on her behalf, when I remember too the freedom from agrarian compUcations, which our disconnection with all questions of tithe and the tithe rent charge has brought about, and the more favourable attitude, as regards our influence on the surrounding population, which we occupy because of our severance from any State connection, when I remember aU the counterpart of advantages which we enjoy in our new and independent position, and when I try to hold the balance evenly and weigh the losses and the gains of the whole, I say, boldly and without reserve, that in my opinion at lesist the gain outweighs the loss." Not less conspicuous have been the poHtical results of the great Act of 1869. It has completely removed every vestige of grievance in Ireland of rehgious inequaUty. There is no suggestion of jealousy on the part of other rehgious bodies of the large endowments remaining to the Protestant Epis- copal Church. It is recognized that the present favourable position is due to the efforts of its clergy and laity, during 40 GLADSTONE AND IRELAND the time when the life interests of the clergy were running out. The eventual surplus, after winding up the property of the Church, was in close accord with the original estimate of Mr. Gladstone. He expected a surplus of y^ miUions. Concessions during the passing of the Bill reduced this by about one miUion. The actual surplus has proved to be about 7 mil- lions. It has been disposed of by successive Acts of Parlia- ment as follows : (i) Intermediate Education, 3^1,000,000 ; (2) the Royal University, £600,000 ; (3) Pensions to National School Teachers, £1,300,000 ; (4) the Congested Districts Board, £1,500,000 ; (5) Distress Works, £1,271,000 ; (6) Arrears of Rent (1882), £1,950,000 ; (7) Sea Fisheries, £250,000. The great success — financial, religious, and pohtical — of the Act of 1869 is a striking tribute to Mr. Gladstone's constructive power, and to his energy, ability, and enthusiasm in carrying the scheme. Of all the men of his generation there was no one who had such a grasp of principle, and such a mastery of detail, by the combination of which such a great operation was carried through. CHAPTER IV THE LAND ACT OF 1870 NO sooner was the Session of 1869 at an end, and its great achievement, the Irish Church Disestabhshment Bill, safely landed, than Mr. Gladstone turned his almost superhuman energies to the even more complex and difficult subject of Irish Land Tenure. Through many months of the recess he was engaged in studjring the past literature of the question, and in corresponding with his colleagues in the Cabinet, in the endeavour to bring them into harmony for legislation in the coming Session. The subject was new to him. He had never previously taken part in the debates on Irish Tenant Right Bills. It did not call into play his great genius for finance. It bristled rather with legal difficulties of great complexity and subtlety. The scheme which ultimately resulted from his labours was not, hke that deahng with the Irish Church, his own sole invention. It appears to have been largely, if not mainly, the product of his two Irish advisers, Mr. Chichester Fortescue and Sir Edward Sullivan. To the latter, perhaps, must be mainly attributed the important feature of the Bill, which commended itself to Mr. Gladstone, and which was ultimately, by his persuasion, adopted by the Cabinet, namely the con- cession to the Irish tenants of something more than compensa- tion for improvements effected by them, and which took the form of payment for goodwill, on eviction by their landlords. In order to understand the principle involved, and its bearing on subsequent legislation, it is necessary to point out that the great bulk of the Irish tenants, large and small, held their farms under yearly tenancies, liable to eviction after six months' notice to quit. By the law, as it then stood, the tenant, on giving up his holding, was not entitled, apart from any specific 41 42 GLADSTONE AND IRELAND covenant, to compensation for any improvements effected by himself and his predecessors. With the rarest exceptions, however, all the improvements, including the houses and farm buildings and everything which added to the original and prairie value of the land, had been effected by the tenants. The landowners as a rule had done nothing to improve the land. They were not expected, as EngHsh landowners were, to erect and maintain the buildings or to drain, fence, or otherwise improve the land. This state of the law appUed equally to Ulster as to the rest of Ireland ; but a well-defined and universally admitted custom in that province, not sanctioned by the law, mitigated its hardships. Under this custom the tenant, on giving up his holding, was entitled to claim either from the incoming tenant or from the landlord, not merely the value of the improvements, but a money payment beyond, which represented the goodwill in the farm. It was well understood also that a tenant, once in possession, was entitled to remain there, so long as he paid his rent, and also that the rent would not be increased to a point when it would impair the customary tenant right ; and further that a tenant had the right to sell his interest in the holding to an incoming solvent tenant, to whom the landowner could make no valid objection. This custom existed throughout the whole of the Province of Ulster, varying, however, as to the amount payable for good- will. Though not recognized by law, it was practically enforced by combinations of tenants, and was acquiesced in by landlords. It was well understood that there would be no scruple, on the part of tenants, in resorting to an agrarian vendetta, if any serious breach of the custom was committed by a landowner ; and some of the most determined murders and outrages had occurred in that province, in the rare cases when the custom was violated by the landlord. Analogous customs existed in some other parts of Ireland. Whether recognized by landowners or not, payments were generally made by incoming to outgoing tenants. The essence of the new scheme, incorporated by Mr. Gladstone in his Irish Land Bill, was the legal recognition of the Ulster custom, so far as concerned the payment of the customary tenant right to an outgoing tenant, including not merely compensation for improvement, but also a paym^it for goodwill, and its extension to the rest of Ireland by an analogous provision. THE LAND ACT OF 1870 43 , A scale of payments to the outgoing or evicted tenant was laid down, varying from seven times the rent in the case of holdings mider £io a year in value, to twice the rent in respect of holdings of ^^loo a year. It was pro- vided, however, in respect of this statutory compensation, that it was not to be paid, in the event of eviction for refusal or neglect to pay rent, unless the judge authorizing the eviction should hold that, under the special circumstances of the case, it ought to be paid. This, if adopted, would have enabled the Court to deal with cases where the non-payment of rent was due to its exorbitant amount, or to the failure of crops, or to a great fall of prices, or to other exceptional circum- stances. It is clear from the correspondence referred to by Lord Morley that Mr. Gladstone had great difficidty in bringing his colleagues into line on this scheme. There was a section of his Cabinet, including the Duke of Argyll, Lord Clarendon, Mr. Lowe, and Mr. Cardwell, who were political economists of the older type, far removed from the school of Mill, and who stood by the Enghsh principles of landownership. There was Mr. Bright, who recognized fully the evils of the existing state of things in Ireland, but who believed that they could only be cured by multiplying small ownerships of land. He urged a scheme for effecting this, by gradually converting tenants into owners, with the aid of State loans. The sterner economists objected to this scheme almost as much as they did to the interference with freedom of contract. It was also no inmiediate remedy, for it could only be given effect to gradually, as estates came into the market, and it would leave the great bulk of the tenantry without any pro- tection. There was, lastly, Mr. Fortescue, the only member of the Cabinet who had any knowledge of Irish tenancy, who recog- nized that the tenants of Ireland were not the product of free contracts, but were in the nature of hereditary holders of the land, with a quahfied, customary, but legally unrecognized right of occupancy, for which it was necessary to provide protec- tion against arbitrary eviction. Mr. Fortescue prevailed with his chief and through him with the Cabinet, and the economists ultimately gave way ; while Mr. Bright was appeased by the promise of clauses, which would give effect to his views as to the 44 GLADSTONE AND IRELAND conversion of tenants into owners, by the advance of two-thirds of the purchase money by the State on favourable terms of interest and repayment of principal spread over a term of years. It may seem strange to us now when looking back at these proceedings, by the light of subsequent events, that no effort was made to ascertain what would satisfy the Irish tenants themselves, through their representatives in the House of Commons, or through their organs in the Press, such as The Freeman's Journal. No negotiations appear to have been undertaken in these directions. The demands of the teniints, as formulated in many Tenant Right Associatioixs ana at public meetings, were for fixity of tenure, at rents to be fixed by law or arbitration, and for the right of free sale. Ihe scneme oi the Government was very far short of this. There was to be no interference with the amount of rent. The landlords were to retain power to raise their rents, subject to the right of the tenants to give up their holdings, and to claim the compensa- tion provided in the Bill. There were no means of compelling a reduction of rent however exorbitant, or however much it might expropriate the admitted interest of the tenant. There was no fixity of tenure, and no right of sale by an outgoing to an incoming tenant. The Ulster custom, therefore, was not legalized so far as its most important features were concerned. StiU less was protection given to tenants in other parts of Ireland against rack-renting landlords. The principle and the policy of the measure have never been more tersely and clearly explained than in a letter of Mr. Gladstone's to Archbishop Manning, quoted by Lord Morley : " The Bill," he wrote, " is intended to prevent the Irish land- lord from using the terrible weapon of arbitrary and unjust eviction, by so framing the handle that it shall cut his own hands with the sharp edge of pecuniary damages. The man evicted without any fault, and suffering the usual loss by it, will recover whatever the custom of the coimtry gives, and where there is no custom, according to a scale, besides whatever he can claim for permanent buildings or reclamation of land. Wanton eviction will, as I hope, be extinguished by provisions like these. And if they extinguish wanton eviction, they will also extinguish those demands for unjust augmen- tations of rent, which are only formidable to the occupier THE LAND ACT OF 1870 45 because the power of wanton or arbitrary eviction is behind them."i The letter is important, for it shows that Mr. Gladstone was aware that one of the main subjects of complaint of the Irish tenants was the imjust increases of rent which expropriated their interest in their holdings. There was nothing, however, in his speech on introducing his measure to indicate his opinion on this most important point. Mr. Gladstone explained his great and complex measure in a masterly speech of three and a half hours in length. He dealt fully with the history of Irish Land Tenure. He dis- claimed any interference with the freedom of contract, more than was absolutely necessary. He referred to the demand made in some quarters for a right of continued occupancy subject to payment of rent, for which the tenant was liable, or to such rent as should be settled from time to time by fair valuation, and a right to sell his interest to a solvent tenant, to whom the landlord could "hot make reasonable objection, only to disclaim any such intention. " Will the Irish people," he said, " follow such disastrous leadership ? I beheve not. I hold that each successive act of justice develops feelings of content and loyalty, and narrows the circle of disaffection." " There is in Ireland — do not let us conceal it from ourselves — not only a reckless, but a demoralized and demoralizing agency, which is now at work, for the twofold purpose of disturbing the country through agrarian crimes, and making peaceful legislation impossible." The measure was not opposed in principle by the Tory Party in either House of Parhament. In the House of Com- mons, on the second reading, Mr. DisraeU, as Leader of the Opposition, admitted the necessity of some such measure, but he disapproved of many of its details. He protested against the interference with freedom of contract, which he regarded as " one of the greatest sanctions for the progress of civilization." Dr. Ball took the same hne in stronger language. More serious opposition came from a small section of the Irish Members representing the interests of the tenant farmers, from Sir John Gray, the owner of The Freeman's Journal, Mr. Bryan, Mr. Moore, and a few others. They contended that nothing would satisfy the Irish tenants short of fixity ' Moriey, Life of Gladstone, II, p. 294. 46 GLADSTONE AND IRELAND of tenure and the arbitration of rents. " I do not depreciate the Bill," said Sir John Gray. ■' It is a great and solid and, I will add, a noble and generous advance. But the interests of the people must be considered in a full settlement. The Irish tenants do not require a Bill of pains and penalties against their landlords. They ask for a Bill of rights for themselves." On the other hand Mr. Maguire and The O'Donoghue, repre- senting another advanced section of the Irish Members, warmly supported the Bill — the latter describing the oppo- sition to it as the " gambols of excited patriots." Sir Roundell Palmer, the most eminent member of the English Bar, who had refused the post of Lord Chancellor in Mr. Gladstone's Cabinet, on account of his objection to disendowing the Irish Church, supported the Land Bill as a " humihating necessity " ; but he insisted on the absolute and imperative obhgation to put down the disturbances in Ireland which had caused this necessity. " It would be a mockery to talk of justice and of redress of wrongs if you allow the rights, which in the Bill are solemnly asserted, to remain at the mercy of secret associa- tions and of bands of conspirators." The Bill was read a second time by a majority of 442 to 11. Of the minority of 13, including the tellers, three were English Members. It followed that only 10 Irish Members out of 103 were of opinion that the measure was so deficient as to be unworthy of acceptance. It was debated in Committee for three and a half months. Upwards of 300 amendments were moved. Mr. Gladstone bore almost alone the burden of this protracted debate. He had lost the support of Sir Edward Sullivan, who had been elevated to the Bench in Ireland. Mr. Bright was ill, and Mr. Lowe gave him no moral support. Mr. Chichester Fortescue had no debating power. In one of his letters Mr. Gladstone said, " I feel that when I have spoken I have not a shot left in my locker." At times most important clauses were in peril. Mr. Disraeli moved an amendment limiting compensation to the value of past improvements. This was defeated by a majority of 76 ; much less than the ordinary party majority. It fell to 32, a dangerously low figure, on a motion of Mr. Fowler, a Liberal banker, proposing to restrict the compensation for disturbance to holdings imder the value of £50 a year. It was supported by Sir Roundell Palmer, who was also one of the severest THE LAND ACT OF 1870 4T critics on other details. Mr. Gladstone said of him in his correspondence that " he knew no more of Irish Land Tenure than "he did of tenures in the moon." " With his legal mind, legal point of view, legal aptitudes and inaptitudes, he comes and stirs the susceptibihties of Members to such a point that he is always near bringing us to grief. ' ' * The Bill, however, with some few concessions escaped these rocks and quicksands, and finally passed a third reading, without opposition and without substantial alteration. In the House of Lords the Bill was read a second time with- out a division. The Tory Party there was led by the Duke of Richmond, who had recently succeeded Lord Cairns in this position. He was a man of plain common sense representing about the average opinion of their Lordships. He advised them to accept the Bill in principle, but to amend it greatly in Committee. It was subjected to most hostile criticism in debate. There was not a single peer there representing the majority of the Irish people, not one possessing any sym- pathy with Irish tenants, not one who had any real knowledge of Irish tenure, except those interested as landlords in the opposite camp. In Conunittee on the Bill the Lords proceeded, after their usual fashion with Irish measures, to wreck it in detail. Amendments were carried against the Government which entirely altered its character, and which would have deprived it of all healing grace. Lord Granville piloted the Bill with consummate tact and skill. Many of the amendments were withdrawn at a later stage, and others were reduced to harmless dimensions in deference to some concessions offered by the Government. What remained were rejected by the House of Commons, or were conceded in part, or were later the subject of compromise. One, however, most serious amendment was insisted upon by the Lords, which later had the most im- fortunate effect. It has already been shown that in the Bill, as introduced, compensation for the disturbance of a tenant was not to be paid, if the tenant was evicted for non-payment of rent, with the qualification, however, " unless the Court should be of opinion that on special grounds it shall be paid." The House of Lords, on the motion of Lord Caims, struck * Morley, Life of Gladstone, II, p. 295. 48 GLADSTONE AND IRELAND out this proviso. " The purpose of the Bill," he said, " was that the right to compensation should be correlative with the performance of the contract, and that the tenant who had broken his contract, and had been removed on that account, should not be allowed to say that he had been capriciously evicted." " The proviso in the clause, however, would enable any one of the thirty-three Assistant Barristers in Ireland to decide upon special grounds that eviction for non-payment of rent was a disturbance, entitling the evicted tenant to com- pensation. The Assistant Barrister might say, Parliament has left it to me to determine what are special grounds. Well, this is a bad year, and I will decide that to be a special ground." The clause went back to the House of Commons and, after it had been bandied about between the two Houses, the Government, finding that the Lords were inexorable on this point, gave way rather than risk the loss of the Bill. But they succeeded in inducing the Lords to apply the quahfication to holdings valued at less than £25 a year " if the Court should be of opinion that the non-payment of rent is owing to its being exorbitant " ; and in this form the clause finally passed into law. Mr. Gladstone in agreeing to this said : " The Government attached great value to the clause. They had done all in their power and exerted their utmost influence with their supporters to avoid conflict, and to wash their hands of the responsibility of a confirmed difference of opinion between the two Houses. They made the concession with the greatest pain and reluct- ance, because it was against their conviction of what the Bill ought to accomplish." ^ In this mutilated state the Bill passed into law. It will be shown later how serious this action of the Lords proved to be, when, after a disastrous season, large masses of small tenants in Ireland were unable to pay their rents, and when many bad landlords resorted to their old game of wholesale evictions. In review of this Land Act and of the long discussion upon it in the two Houses, we must now, by the light of subsequent experience, admit that it was not successful. It did not prove to be a remedy for the evils which it was hoped to cure. It was the first Act only of a great agrarian reform in Ireland, spread * Hansard, July 21st, 1870. THE LAND ACT OF 1870 49 over a long period of years, of which we have not yet quite seen the end. Mr. Gladstone had warning that it would not be a final settlement of the question. Lord Morley says that, while the Bill was under discussion, Mr. Gladstone received, through Archbishop Manning, a memorial from the Irish Catholic Bishops to the effect that it would fail to give content, and that no measure short of one conceding fixity of tenure and arbitration of rents would have the desired effect. Already there were ominous signs that discontent in Ireland was by no means appeased by the two great measures affecting the Church and the land. At the end of the Session of 1870 a vacancy occurred in the county of Tipperary. The electors returned O'Donovan Rossa, who had been con- victed of high treason in the Fenian prosecutions, and it became the duty of Mr. Gladstone to move that the election should be set aside, on the ground that a convicted felon was incapable of sitting in the House. The motion was carried by a majority of 293, only 10 Irish Members voting against it. Between the second reading and the Committee stage of the Land Bill, the Government found itself under the necessity of introducing and carrying a Coercion Act for Ireland, moderate indeed in its provisions, as compared with many previous and subsequent Acts of the same kind, but yet giving exceptional powers to the Executive in Ireland, in respect of the possession of firearms, and in regard to the press in pro- claimed districts. It also enabled Grand Juries, with the approval of the Judge and Court, to levy rates for compensation to famihes of persons subjected to serious outrages. The Bill, unhke others of that ilk, passed the House of Commons without difl&culty, only fifteen Irish Members voting against it. It must be presumed that Mr. Gladstone very unwillingly assented to the measure. Lord Morley says that he pressed the Irish Government the other way. " What we have to do is to defy Fenianism, to rely on pubhc sentiment and to provide (as we are doing) the practical measures that place public sentiment on our side ; an operation which I think is retarded by any semblance of severity to those whose offences we admit among ourselves to have been the ultimate result of our mis- government of the coimtry." The Irish Government, however, Was able to get its way. It had been too accustomed to the 4 50 GLADSTONE AND IRELAND use of coercive acts to believe in governing without them. Probably also there were men in the Cabinet who agreed with Sir Roundell Palmer in insisting on remedial measures being accompanied by exceptional measures to put down agrarian crime, and who did not believe in the efficacy of the former. In the same spirit of conciliation, and in the hope of favour- ably striking the imagination of the Irish people, Mr. Gladstone pressed on his Cabinet, early in 1870, the importance of giving an amnesty to the Fenians still detained at Portland as convicts. He failed to get their consent till the end of the year. It was even then coupled with the condition that the men, thus released, should be banished from the United Kingdom — a provision which, in the opinion of many in England, and of the majority in Ireland, deprived the act of much of its grace. Whatever the defects of the Land Act, it had the effect of putting an end to the arbitrary and wholesale eviction of tenants in ordinary times. Agrarian outrages were conse- quently reduced in the few years which followed. It was not till the bad seasons of 1878-9 that the defects of the Act became apparent, and agitation of a far more formidable character was renewed. *T. CHAPTER V THE IRISH UNIVERSITY BILL IN the Session of 1873 Mr. Gladstone made another valiant effort to deal with an Irish grievance, the third branch of the Upas Tree, as he called it, that of University Education. The grievance of the Roman Catholics was that higher education, suitable to them, and in accordance with their religious views, was not endowed in the same manner as that for Protestants in the University of Dublin, with its richly endowed Trinity College, or that of the Queen's University, with its unsectarian colleges at Belfast, Cork, and Galway, mainly supported by State grants. Trinity College was at that time largely sectarian. It had been part of the machinery for maintaining Protestant ascendancy in Ireland. When, at the time of the Reformation in England, the Irish Roman Cathohc Church was transformed by English law into a Protestant institution, with the intention of converting the population of Ireland from Popery, Trinity College was foimded with the same object, largely out of funds derived from a suppressed Roman Cathohc monastery. No Catholic could graduate or become a student there. In 1793 it was thrown open by the Irish ParUament, to the extent that Catholics were allowed to enter as students, and were admitted to degrees ; but the rehgious tests for scholarships and fellowships were maintained. In 1844, Sir Robert Peel admitted the grievances of CathoUcs, and endeavoured to deal with the question, but the authorities of Trinity College refused to throw open their endowments. He found himself unable to compel them to do so. He dealt with the question by establishing the unsectarian Queen's University, with affihated colleges at Belfast, Cork, and Galway supported by State grants. But the Catholics did not want unsectarian colleges. The University and its colleges were condemned 51 82 GLADSTONE AND IRELAND and tabooed by the Catholic hierarchy. Later a so-called Catholic University was founded by the Bishops, scantily supported by voluntary contributions ; but it had no charter from the Crown. Its degrees were unrecognized by law. The Conservative Government of 1867 tried to deal with the question. They opened negotiations with the Catholic Bishops. But Protestant feeling in Ireland was aroused, and nothing came of this attempt. The problem before Mr. Gladstone was how to give the Catholics the benefit of higher education, largely at the expense of the State, without raising the susceptibilities of Protestants, who had shown in the past that they would oppose the endowment of Catholic religion.) Mr. Gladstone set to work on the question with resolution and self-confidence. He devised his own scheme, quite inde- pendently of the Irish Government, and of the Chief Secretary for Ireland, then Lord Hartington, and devoted iftimense labour to it. He did not consult the Irish Catholic Bishops, or the Irish representatives in the House of Commons. It was to be expected that as the success of the measure would depend upon the views which the Catholic Bishops would take of it, he would have sounded them on the subject before announcing it to the House of Commons. In his opening statement on the Bill he gave excuses for not doing so. He said that the authorities of Trinity College had already introduced a Bill, propounding a scheme of their own for dealing with the subject, in the direction of removing religious tests. This, in his view, made it impossible for him to negotiate with them, and as it was necessary to treat other religious commimities equally, he was precluded from negotiating with the Roman CathoUcs. The explanation does not carry con- viction. The measure was intended as a remedy for Catholic grievances. It would seem to be essentially necessary that the Government should know whether it would be accepted by those for whom it was intended. On the other hand it was scarcely conceivable that any plan could be devised which would be acceptable to the authorities of Trinity College. The Government would have to fight theni in any case. To consult them in advance would give them an advantage in the Parliamentary contest. The sequel showed how far wiser it would have been to negotiate with the Cathohc Bishops. THE IRISH UNIVERSITY BILL 58 It may have been that Mr. Gladstone's immense Parliamentary success in the two previous Irish measures, affecting the Church and the land, where he followed the same course, led him to believe that he could produce a scheme for the University question which, by its fairness and completeness, wotild meet with support from all sections of the Liberal Party, including the Irish Catholic Members. It will be seen that he over- estimated his powers in this case, and under-estimated the forces which were ultimately arrayed against him. Mr. Gladstone's scheme was a most ingenious one. It was such as in ordinary times, and if the Irish Bishops had not been led by so ultramontane and masterful a prelate as Cardinal CuUen, might have been successful. He proposed to constitute a single great University for Ireland, for teaching as well as for examining purposes, on a purely imsectarian basis, to which colleges of either sectarian or imsectarian character were to be affiliated. The existing University of Dubhn was to be detached from Trinity College, and was to form the nucleus of the new University. Trinity College was to be affiliated as a sectarian institution, closely connected with the Dis- established Church. The Queen's University was to be done away with. The Colleges of Belfast and Cork were to be affiliated to the new University, as was the Catholic College representing the so-called CathoHc University. No endow- ment or grant was to be given to the CathoUc College, but the University was to be endowed with £50,000 a year, provided in part by a contribution of £15,000 a year from Trinity College, and partly by a State grant. The affiliated CoU^es would all benefit equally from the endowed University. Professorships were to be provided by the University, subject to a proviso, which came to be described as "a gagging proposal," that there were to be no Professors of Religion, Morals, or History. These subjects were to be left to the Colleges to deal with, in any manner they might think best. Professors and teachers were to be Uable to removal if they wilfully gave offence to the religious opinions of any students. The Governing Body of the new University was to consist of twenty-eight members, to be nominated by the Act in the first instance, and later were to be appointed in part by the Crown, in part by co-option, and in part by election of the graduates. 54 GLADSTONE AND IRELAND Mr. Gladstone expounded this scheme with a persuasive earnestness, a fuUness of knowledge, and an enthusiasm for the subject, at least equal to his efforts on introducing his two previous Irish Bills. He seemed fairly to mesmerize the House of Commons, with the result that in the debate which followed his scheme was generally applauded, and scarcely a dissentient voice was heard. It was admitted that if a vote could have been taken at once, the Bill would have been almost unani- mously agreed to. But closer examination of its details soon dissipated this favourable impression. Cardinal Cullen assumed from the first a hostile attitude to it. His view pre- vailed with the Irish Bishops. It might possibly have been accepted in this quarter under other auspices than Cullen ; for Archbishop Manning, also an ultramontane, was in favour of it and did his best, but in vain, to induce Cullen and the Irish Bishops to accept it. Nor was it more favourably received in other quarters. The Presbyterians of the North of Ireland denounced it ; so also did the Governing Body of Trinity College. Professor Fawcett and other academic experts were vehemently opposed to the Government scheme, largely on account of the " gagging " clauses. The Tory Party, as was to be expected, could not resist the opportunity of making a party question of it. An ingenious motion was devised for rejecting the second reading of the Bill, which, admitting that legislation was necessary, amounted to a declaration of want of confidence in the Government. In the four days' debate the Bill was attacked from every quarter of the House. It was condemned by the Irish Cathohc Members, because it did not give an endowment to the Catholic College, and by the Irish Protestant Members, because it detached some of the funds of Trinity College, and might lead to the endowment of Cathohcs. It met with little support from any speakers but those connected with the Government. But most serious of all was the fact that it failed to enlist a majority of the Irish Members in its favour. Towards the end of the debate Mr. Disraeh made a rattling party spfeech against the Bill, denouncing it from many opposite points of view, but carefully committing himself to none of them. He seemed, at one time, rather to favour con- current endowment, which, he pointed out, had been the policy of Pitt, of Peel, of Russell and Palmerston, but this was only THE IRISH UNIVERSITY BILL 55 for the purpose of attributing to the Government the alter- native policy of confiscation. This last was the main refrain of his discourse. " You have had," he said, " four years of this pohcy of confiscation. You have despoiled the Irish Church. You have threatened every corporation and every interest in the country. You have criticized every profession and vexed every trade. No one is certain of his property, and nobody even knows what duty he will have to perform. This is the policy of confiscation as compared with that of concurrent endowment. The Irish Roman Catholics were perfectly satisfied when you were despoiUng the Irish Church. They looked on, not unwillingly, upon the plunder of Irish land- lords ; and they thought the time had arrived when the great drama would be fulfilled, and the spirit of confiscation would descend up)on the celebrated walls of Trinity College, and would level it to the ground, and endow the College of St. Stephen's Green [the Roman Catholic College]. I ventured to remark, at the time when the pohcy of the Government was introduced, that confiscation was contagious. I beheve that the people of this country have had enough of this pohcy of confiscation. From what I have seen, the House of Commons, elected to carry out that pohcy, is beginning to experience some of the inconveniences of satiety, and if I am not mistaken, you will give some intimation to the Government to-night that these are your views." * The proposal of the Govern- ment to hand over a small part of the huge endowment of Trinity College to the unsectarian University, whose scholarships and prizes the College would share equally with other Colleges, was a very small peg on which to hang these charges of confiscation, but the speech was intended for the hustings, and should not be too closely scanned for consistency and accuracy. It presented the case on which he was to enlarge at the next General Election, ^nd to which his party was largely indebted for victory. When Mr. Gladstone rose to reply he had been informed by the Whips of the party that the Irish Members, who were generally supporters of his Government, would vote against the BiU. Cardinal Cullen had signed a pastoral letter a few days before to be read in all the Cathohc churches of Ireland, denouncing^ the Bill for endowing non-Catholic and godless * Hanscard, March nth, 1873. 56 GLADSTONE AND IRELAND colleges, without giving a shilling to Catholics. This deter- mined the votes of the Irish Catholic Members. The fate, therefore, of the Bill was in the balance. Mr. Gladstone must have felt that, even if the Bill were carried by a narrow majority, its fate was sealed, for it would be impossible to proceed with it, when rejected by the great majority of those for whom it was proposed as a remedy for their grievances. In no way dis- couraged by the bad news, Mr. Gladstone made one of the ablest and most effective speeches he ever delivered in the House of Commons. It still remains in the memory of those who, like the writer, heard it, as on the highest level of his achievements. It was marked by the greatest dignity. There was no trace of resentment or anger. It was at times pathetic in reference to his past efforts to do justice to Ireland. He made it clear that the vote of the House would de- termine the fate of the Government. He was not, how- ever, over-insistent or defiant. He spoke with pride of what he had accomplished for Ireland in the past. There was a serenity in his demeanour and language which I had not observed in previous speeches. It seemed to be inspired by the well-known lines : " Virtus repulsas nescia sordidae Intaminatis fulget honoribus." He made it clear, not so much by words as by manner and expression, that if the verdict was against him he would retire from power without misgiving or regret^ It may be doubted whether this admirable speech changed any considerable number of votes — at all events not a sufficient number. When the division was called the Government was defeated on the hostile motion by a majority of 3 — 287 to 284 — and the Bill was rejected. Thirty-five of the usual Irish supporters of the Government voted against it, twenty-five of whom were Cathohcs and ten were Protestants. Of eighty-three Irish Members who were present only fifteen voted with the Government. The measure, therefore, was rejected by an over- whelming majority of the Irish Members. It could not have been proceeded with even if the majority of Members for Great Britain had been sufficient to carry it. The Bill passed into limbo. Thirtyrfive years elapsed before Parhament finaJly dealt with this question. Mr. Birrell, in THE IRISH UNIVERSITY BILL 57 1908, with the general consent of all parties in the House of Commons, succeeded in passing a measure of University reform in Ireland. After the adverse vote in the House of Commons, Mr. Glad- stone brought the matter before the Cabinet. They acted on his advice and authorized him to tender their resignation as a body to the Queen. Mr. DisraeU was sent for, but he declined to take office and to form a Government. *' He could not," he said, " carry on the government in face of a House of Commons, where the majority was so adverse to him, and he could not £Lsk for the dissolution of Parhament upon a question where there was no direct issue which could be laid before the electors." In the end, after some further corres|X)ndence through the Queen, Mr. Gladstone and his colleagues resumed office — most unwiUingly, so far as the Prime Minister was concerned, for he said that past experience had shown that Governments resuming office, after defeat and resignation, had never enjoyed a healthy existence. His anticipations, it will be seen, were reahzed. Little was done in the remainder of that Session. The most important measure carried was that of Mr. Fawcett for relieving Trinity College of Tests in respect of its scholarships and fellowships — a measure which converted it into an unsectarian institution, but which, in fact, made hardly any difference in its future personnel and in- fluence. It should also here be stated that in 1872 the Ballot Act passed into law, after a year's delay, due to its rejection in the previous year by the House of Lords. It will be seen that while it did not much affect the result of the next General Election in Great Britain, it was fraught with enormous con- sequencesin Ireland. CHAPTER VI THE HOME RULE MOVEMENT — 187O-8 IN 1870 a new movement arose in Ireland in favour of self-government, known as Home Rule, a phrase most happily devised by an eminent Professor of Trinity! College, Dublin, Mr. Gplbraith, a Conservative in politics, who had recently been converted to the national cause. It was not on party lines. It was supported by many weU-known landowners, and others of the dominant class in Ireland, even in the Province of Ulster, and was due in part to their loss of confidence in the Imperial ParUament, and to disaffection arising from the Disestablishment of the Protestant Church, or from the Land legislation then under discussion. The chief exponent of the new policy was Mr. Isaac Butt, who was to play a most important part in the Parliament of 1874-9 as Leader of the Irish Party. Bom in 1815, Isaac Butt was the son of a Protestant clergy- man in Donegal. He was educated at Trinity College, Dublin, where he had a most distinguished career. In 1838 he was called to the Bar and met with such rapid success, that two years later he was selected by the Corporation of Dublin, then under the control of the Protestant Ascendancy Party, to represent them in their petition against the Irish Municipal Reform Bill before Parhament. He appeared on their behalf at the Bar of the House of Lords, and made a speech conspicu- ous for its fire and abihty. It led to his being elected an Alderman by the Corporation. When, three years later, after ^he reform of the Corporation, O'ConneU was elected Lord Mayor of Dublin, and brought before its Council his celebrated motion for the repeal of the Act of Union, which inaugurated his great Repeal agitation, Butt undertook the leading part in opposition to him, in a speech worthy of the occasion, and of his great antagonist. O'ConneU was much 58 THE HOME RULE MOVEMENT, 1870-8 59 struck by the speech. He recognized that behind the powerful argument of the advocate there was a latent sympathy for the national cause, and he predicted that the time would not be distant, when Butt would be found ranged on the side of the cause which he then opposed. Butt was made a King's Counsel, after only six years of work at the Bar. His reputation was such that his political opponents were glad to avail themselves of his advocacy. He was retained as counsel by most of the Young Ireland Party, who were prosecuted, in 1848, for their abortive attempt at insurrection. He defended Smith O'Brien, Meagher, John Martin, and O'Doherty. The earnestness, patriotism, and devotion to the national cause *of these men made a great impression on their advocate. In the General Election of 1852 Butt was returned as a Conservative Member for Youghal, which he continued to re- present imtil 1865. He did not, however, make any mark during these thirteen years of his first essay in Parhamentary life. It was indeed unfortunate for him that his attendance in the House of Commons withdrew him so much from his practice at the Irish Bar, at a critical period of his professional hfe. He was exposed in London to temptations which he could not resist. He was most reckless in expenditure. His purse was always most generously open to demands on it from needy or suffering friends, even when it was at a very low ebb. He contracted debts from which he was never able to free himself during the rest of his life. In 1864, he ceased to attend the House of Commons, and did not seek re-election in the General Election of 1865. He returned to work at the Bar in Dublin, where he soon regained a lucrative practice and was recognized as the leading man in the Irish Courts. Butt was again employed, between 1865 and 1868, as counsel by many of the Fenians prosecuted by the Government for the abortive conspiracy, and was again deeply impressed by the patriotic fervour and honesty of their convictions. From this time Butt was graduaUy drawn to the national cause. He took the leading part in favour of an amnesty for the Fenian convicts. He devoted also much labour and time to the claims of the tenants in Ireland for greater security of tenure. His numerous and weighty writings on this subject did much to promote the legislation of 1870, and later to expose its defects. In 1870 Butt declared himself in favour of Home Rule for 60 GLADSTONE AND IRELAND Ireland on the federal basis, and at once became the recognized leader of the movement. He was well equipped for the position. No speaker on the public platform, since O'Connell, had a greater command over an audience. His speeches were persuasive and sympathetic. They teemed with himiour and wit, and with passages of genuine pathos. They were made attractive by a voice of singular musical tone. In appear- ance he was of the same type as O'Connell, of robust presence and open and attractive expression. His Parhamentary knowledge and experience were great ; his power of debate was recognized as inferior only to that of Mr. Gladstone. No one had a greater knowledge of the constitutional and legal questions which he dealt with. The Home Rule Movement was started at a meeting of leading merchants and professional men at Dublin, sixty in number, of whom one half were Protestants and Conservatives, the other half men of opposite pohtics, from Whig Catholics to extreme Nationalists and even Fenians. It was unanimously agreed to form an association, for the purpose of obtaining for Ireland the right and privilege of managing its own affairs, by a Parliament assembled in Ireland, leaving to the Imperial Parliament the power of deahng with all questions affecting the Empire, its relations with foreign States, and the defences of the country. The new movement was not favoured, in the first instance, by the Catholic Church. The Freeman's Journal opposed it. The Association, however, made rapid progress, and was welcomed in every part of Ireland. It soon made its influence felt in the by-elections. In 1871 four such elections took place in the coimties of Meath and Westmeath, and in the cities of Galway and Limerick. In all of them Members were returned pledged to the new pohcy of Home Rule. Butt himself was retiumed for Limerick. In 1872, two more by- elections of great importance took place for the counties of Kerry and Galway. Lord Kenmare, in Kerry, and Lord Clanricarde, in Galway, were members of Whig families, which had an almost recognized claim to nominate repre- sentatives in these counties. Candidates in their interest were put forward and received the support of the whole landed interest in their districts, both Liberal and Tory. Independent candidates were brought forward by the Home Rule Association — in the case of Galway, Captain Nolan, THE HOME RULE MOVEMENT, 1870-8 61 and in Kerry, Mr. Blennerhassett. Captain Nolan was elected by a majority of four to one in spite of the whole landlord interest. Mr. Blennerhassett was returned by a majority of over 700, after a fierce contest, in which all the landlords, the CathoUc Bishop of the Diocese, Dr. Moriarty, and even the O'Connell family supported his opponent, a well-known and highly respected Catholic Whig. It was considered a victory equal in significance to that in the county of Clare, in O'Connell's time, which was the turning-point of Cathohc Emancipation^. Inspired by these successes and by many other evidences of the trend of public opinion in Ireland, it was decided, in 1873, to summon a Home Rule Conference representative of the whole of Ireland. The requisition for it was signed by 24,000 persons from every part of the country. It was attended by 900 delegates, including a large contingent froni Ulster. Men of all parties and rehgions gave it a national character, which had been wanting in the meetings held by O'Connell. The Conference was presided over by Mr. WiUiam Shaw, a well-known Cork banker. Isaac Butt was the principal speaker at this great meeting at the Rotunda. A passage from his speech on the occasion explains the motives, which led him to head this movement, and is a good illustration of his eloquence : " Mr. Gladstone has said that Fenianism taught him the intensity of Irish disaffection. It taught me more and better things — the breadth, the sincerity of that love of Father- land, that misgovemment had tortured into disaffection and had exaggerated into revolt. State trials were not new to me. Twenty years before I stood near Smith O'Brien, when he braved the sentence of death, which the law pronounced upon him. I saw Meagher meet the same sentence, and then asked myself this : ' Surely the State is out of joint, surely all our social system is unhinged, when O'Brien and Meagher are con- demned by their country to a traitor's doom.'. . . Years passed away, and once more I stood by men who had dared this desperate enterprise of freeing their country by revolt. They were men who were run down by obloquy ; they had been branded as the enemies of religion and social order. I saw them manfully bear up against all. I saw the unflinching finnness by which they testified the sincerity of their faith 62 GLADSTONE AND IRELAND in that cause — their deep conviction of its righteousness and truth. I saw them meet their fate with a manly fatalism that made them martyrs. ... I asked myself again : ' Is there no way to arrest this ? Are our best and bravest spirits ever to be carried away, under this S5rstem of constantly resisted oppression and constantly defeated revolt ? Can we find the means by which the national quarrel which has led to all these terrible results may be set aside ? I believe in my conscience we have found it. I beheve that England has now the opportimity of adjusting the quarrel of centuries." The essential feature, he said, of the Home Rule scheme was the maintenance of the connection between the two countries, and the full representation of Ireland in the Imperial Parliament, while securing to it the control of its own affairs in an Irish Assembly. " I prefer our federal proposal, not only because it gives better security for the connection between the two countries, Ireland and Great Britain, better security against the arising of occasions to disturb their amity, but I prefer it even on grounds which are more particularly Irish." He insisted on the complete and undiminished participation of Irish representatives in the Empire. Without federation Ireland would have no part in the vast colonial system. A resolution in favour of Home Rule, in this sense, was carried unanimously with great enthusiasm. It was decided that an Irish Party should be formed, independent of all other parties, and pledged not to take office till their objects were attained. An attempt was made to carry unity of action yet further, and a motion was proposed that a Committee should be appointed by the Irish Members to control their action in the House of Commons ; that the Irish Members should always vote in a body, or abstain from voting, as the majority of them should direct ; and that no Bill should be introduced, or motion made, without the consent of the majority. This was opposed by Butt. He declared that he would betray his own principles, his dignity, his personal honour and personal honesty, if he gave a pledge that he would submit his future conduct to the absolute control of any tribunal on earth, except his own conscience. He thought they would find that every high-minded man would shrink from pledging himself to act in accordance with the decision of a majority, no matter what the decision might be. The THE HOME RULE MOVEMENT, 1870-8 68 motion obtained little support in the large assembly. Dis- cussion arose as to the poUcy of obstruction in the House of Commons. On this Mr. Butt said : " Even if they were ready to act on the principle of universal obstruction, that policy ought not to be avowed. The power was one that was lost in the declaration that it would be used. Extreme cases might justify such a pohcy of obstruction. If ever they did, ob- struction would probably be carried on in other and more decided ways." These passages from Mr. Butt's speeches at this great Conference have been quoted because they show how widely his policy differed from that of his successor in the leadership of the Irish Party, Mr. Pamell. In January, 1874, shortly before the date when it was expected Parhament would meet, Mr. Gladstone suddenly made up his mind to dissolve it, and to appeal to the con- stituencies for a new lease of power for his Government. The debate on the Irish University Bill, in the previous Session, had weakened its position in the House of Commons. Several by-elections had gone against the Liberal Party. Mr. Glad- stone felt that his Government had no longer a sufficient momentum to carry any considerable measure. He deter- mined, therefore, to appeal to the country, and to claim renewal of confidence mainly on financial grounds. The state of the revenue, resulting from great prosperity in trade, assisted by economies in the great spending Departments, the Army and Navy, would enable the abohtion of the Income Tax, a reduction in the taxes on articles of consumption, and a large subvention to local rates. He made this the main topic of his electoral address. In Ireland, however, the sole issue before the electors in the General Election which then ensued was that of Home Rule. It was the first occasion on which an election took place under the recent Ballot Act ; and though the franchise in Ireland was still very limited in the Counties, as compared with England, and though many very corrupt small Boroughs still returned Members, there was a better chance than ever before of the popular will making itself known. The General Election, however, came upon the Home Rule Association as a thief in the night. They were taken by siuprise and they were almost destitute of funds. They had not completed their organization. Their leader, Mr. Butt, was himself at the 64 GLADSTONE AND IRELAND lowest ebb of his finances. He was, in fact, arrested for debt on the very day that the Dissolution of Parliament was announced ; and though he was able to come to some arrange- ment, under which he was released from prison, he was obhged to avoid other Irish creditors by flight to England, and was therefore unable to take an active personal part in the electoral contests, such as was to be expected of a leader. In spite of all these difficulties, so great was the strength of the popular movement that 60 out of the 103 Irish Members were returned to the new Parliament pledged to the policy of Home Rule. Of the remaining 43, 12 were Whigs not com- mitted to this pohcy, and only 31 were Conservatives. The result was even more fatal to the old Whig Party in Ireland than to the Conservatives. Among the defeated candidates was Mr. Chichester Fortescue, who had represented for twenty-seven years the County of Louth. This made a pro- found impression. The Home Rule Party, thus returned, in- cluded not a few old Members, who swallowed the pledge, when they found that they could not be re-elected without it, but who were anything but ardent supporters of the cause. Later they were classed as " nominal Home Rulers." They were seldom to be found in the Lobby with their party. Mr. Butt was again returned for Limerick, and Sir John Gray, Mr. Mitchell Henry, Mr. William Shaw, and Mr. John Martin were elected. Amongst other new Members who distinguished themselves later in the national cause were Mr. A. M. SuUivan, Mr. Richard Power, Mr. Shiel, and Mr. Biggar. They formed the nucleus of the national party, which later under Mr. Pamell swept four-fifths of the Irish constituencies. It may be taken that of the sixty Members returned as Home Rulers, not more than one-half were to be relied upon by Mr. Butt as his followers. Most of the other thirty, however, were present at a Conference of Home Rule Members held at Dublin immediately after the elections, at which the Parliamentary Party was constituted. Whips were appointed, and a resolution was unanimously adopted, at the instance of Mr. Butt, affirming their inde- pendence of other poUtical parties in the House of Commons. The effect of the resolution, however, w£is much weakened by the refusal of the Conference of 1873, at the instance of Mr. Butt, to enforce combined action of the Home Rule Members, in the sense that a majority of them were to bind the minority THE HOME RUUE MOVEMENT, 1870-8 65 and that no action was to be taken in the House of Commons by any independent Members, without the sanction of the majority. The subsequent poHcy of the Home Rule and the Nationsdist Party showed that without such concerted action, and the submission of all to the will of the majority, the party would be Uttle better than a rope of sand, would have no cohesive strength, and would be ineffective for any purpose as against the combined forces of the two main parties in the House of Commons. This was undoubtedly the experience of the six years of the ParUament of 1874-9, during which Butt was for a short time the real head, and later the nominal head of the Home Rule Party in it. The leader of such a party had great difficulty in keeping it together. He had nothing to offer in the way of immediate or prospective ofl&ce or honours. The party tie was a very loose one. On rare occasions only were its members found voting together. Practically nothing was effected by Butt and his supporters. No legislation whatever, of any importance, was carried through Parhament to meet the wishes of the overwhelming majority of the Irish people, and no advance was made towards converting English and Scotch opinion to the principle of Home Rule for Ireland. Mr. Butt was over sixty years of age. His health, already the worse for some years of self-indulgence, was further impaired by the great efforts he had to imdergo in carrying on his heavy business in the Law Courts in Dublin, and at the same time in leading the Home Rule Party in the House of Commons, and taking part in frequent debates. This involved incessant and fatiguing travelling between the two capitals. It seemed also to the writer that Mr. Butt, during this time, though immeasurably superior to all others of his party, in Parha- mentary qualification, was physically unable to cope with the powers arrayed against him as O'Connell had done. He Was too deferential in his manner to the House. He did not stand up to his opponents. He was essentially of a conservative type of mind, a ParUamentarian, with great respect for the traditions of the House of Commons. He hoped to attain the objects of his party by persuasive argument, and by gaining, for himself and his followers, the confidence of their opponents. There was never any prospect of success for such a policy. The leadership of the forces by which alone an impression S 66 GLADSTONE AND IRELAND could be produced, fell, as the sequel showed, to younger, stronger, more daring, and less scrupulous hands. The result of the elections in Great Britain had been very different from that in Ireland. While the Conservatives succeeded in retaining only 31 out of 103 Irish seats, they obtained in England and Scotland a majority of nearly 100, sufficient to outvote the majority of the Irish Members by 60. The great work of Mr. Gladstone's Government diuing the previous five years, now admitted by all historians to have been one of the most capable and best of all Governments in the century, seemed to count for little with the British electors. The two great Irish Acts did not interest them. An Education Act, which established a national system of education for England and Wales, beneficent as it was, alienated a large section of Nonconformists — the backbone of the Liberal Party. An abortive measure, for reducing the number of licensed houses, lashed the brewers and publicans into fury, and led to unlimited supplies of drink during the elections. The rigid economies enforced by Mr. Gladstone were locally unpopular. His foreign policy of peace and abstention from intervention, and particidarly his agreement with the United States Government to refer their claims for the depredations of the Confederate cruisers to arbitration, caused resentment to large classes of swashbucklers. It was claimed by Lord Salisbury that the great increase in the hquor bill of the nation was caused by the desire to drown in drink the humiliation of the surrender to the American claims, and the mot had a wide circulation. As a result of these combined influences, the Government was defeated by a large majority in Great Britain. Mr. Glad- stone and his colleagues, without waiting for the meeting of Parliament, accepted the verdict and resigned office. Mr. Gladstone himself, a short time later, withdrew from the leadership of the Liberal Party, under the belief that he had reached an age when he could not look forward to another spell of office — so little did he anticipate the future. Mr. Disraeli was commissioned by the Queen to form a Government. He did so without any programme of future policy, other than that of antagonism to the Government which he had displaced. Lord Hartington was elected by the Liberals as their leader in the House of Commons. THE HOME RULE MOVEMENT, 1870-8 67 As regards Ireland, its position was this. It had returned a majority in favour of Home Rule, and a still larger majority against the Conservative Party. A Government was installed at Dublin, with Sir Michael Hicks-Beach (now Lord St. Aldwyn) as Chief Secretary (not in the Cabinet), responsible in no way to the majority of the Irish people, but to a small minority in that country — a position which was certain to create dis- content and disaffection. At the opening of the new ParUament, Butt made haste to raise the question of Home Rule for Ireland in an amendment on the address. He was answered by Mr. Gladstone, who advised the Irish Members, before insisting on a great con- stitutional change, to bring forward in the House of Commons their measures to remedy the evils they complained of, and promised them an attentive consideration. The motion was defeated by 314 to 50. Nothing daunted by this rebuff, Butt, later in the Session, raised the question again by a more formal motion. His speech on the occasion was the best he ever dehvered in the House of Commons — ^persuasive, argmnentative, and with full knowledge of the history of Ireland, and of the constitutional and ad- ministrative questions involved in his proposal. To the charge that Home Rulers were imgrateful to Mr. Gladstone for his great measures of the previous Parhament, he declared that it was only when Ireland could be made useful for party purposes, that Irish questions were taken up by Enghsh states- men. The motion led to a two nights' debate in which Lord Hartington, who had been Chief Secretary for Ireland in the Gladstone Government, took a leading part against it. Mr. Disraeh in reply, at the end of the debate, made a most amusing speech. He did not affect to treat the subject seriously. He bantered the Irish Members for having complained of being a conquered country. " I deny," he said, " that the Irish people are conquered ; they are proud of it ; I deny that they have any ground for that pride." The Normans, he said, had conquered Ireland, but only after they had conquered England. Cromwell had conquered Ireland, but only after he had con- quered England. It was only in the last few sentences that he became serious. " I oppose the motion," he said, " because I think involved in it are the highest and dearest interests of the country. I am opposed to it for the sake of the Irish them- 68 GLADSTONE AND IRELAND selves, as much as for the sake of the English and the Scotch. I am opposed to it because I wish to see, at this important crisis of the world, that is perhaps nearer arriving than some of us suppose, a united people, welded in one nationality ; and because I feel that if we sanction this pohcy, if we do not cleanse the Parliamentary besom of this perilous stuff, we shall bring about the disintegration of the Kingdom and the destruction of the Empire." The motion was rejected by a large majority, only sixty-one members voting for it, of whom only forty-two were from Ireland. The constitutional claim of Ireland, therefore, was not a strong one, for a majority of its members did not declare themselves by their votes in favour of the pohcy. Mr. Disraeh, by his humorous banter, gave the cue to the House of Commons for the treatment of Home Rule and other Irish questions, during the remainder of that Parliament. They were to be met with ridicule rather than argument. Butt himself was not taken seriously thenceforward. In vain he renewed his motion for Home Rule, session after session. He made no advance, but rather lost ground. In vain also he and his followers raised the question of Land Reform, the defects of the Act of 1870, and the growing difficulties of the tenants in Ireland. In vain his followers introduced Bills on subjects of deep interest to their country. The motions or Bills without exception were rejected or put aside. Public opinion in Ireland was disheartened, and was withdrawn from the Home Rule policy. The party in the House of Com- mons was discouraged and disorganized. The less earnest among them fell off from the cause, and lapsed into Whiggery. The more ardent among them took more violent courses, under the leadership of stronger men. It was admitted, after three years of trial, that with all his great Parhamentary quahfications, his efforts and his sacrifices, Butt's leadership was a failure. CHAPTER VII OBSTRUCTION IN PARLIAMENT ON the 23rd of April, 1875, when a Coercion Bill was under discussion in the House of Commons, the only legislative proposal for Ireland of the new Govern- ment, two incidents occurred which had important bearing on the future course of Irish pohtics. Charles Stewart Pamell took his seat in the House, for the first time, as Member for the County of Meath, and Joseph Gillis Biggar made his d^but there, in a speech — if indeed it could be designated as such — four hours in length, of pure obstruction to the Bill under dis- cussion. It was difficult to imagine two men differing more in their physical appearance, their antecedents, temperament, and capabilities ; yet they were destined to be closely associated, during the next few years, in a new and mihtant pohcy in Parhament, which soon superseded the constitutional methods of Butt. Pamell was then a young man of twenty-eight years, tall and hthe, exceptionally handsome, with a palhd, delicate, and intellectual countenance, of American rather than English type. He came of most distinguished stock. The Pamells were a Protestant family of piure English descent. Natives of Congleton, in Cheshire, they had settled in Ireland in the time of the later Stuarts. They were distinguished there as statesmen, lawyers, and poets. A Sir John Pamell was for seventeen years Chancellor of the Exchequer in the Irish Parliament before the Act of Union. He was compelled to resign this post because he could not give his support to that measure. His eldest son rose to high office in the British Parliament, in the Ministries of Lord Grey and Lord Melbovime, and was made a peer under the title of Congleton. The second son of Sir John inherited the small but very picturesque property of Avondale, in the Coimty of Wicklow, together with other landed property, and was grandfather to Charles 69 70 GLADSTONE AND IRELAND Pamell. His mother was daughter of Admiral Stewart, of the American Navy, better known as Commodore Stewart, who, when in command of the Constitution, in the war against England of 1815, fought and captured the two British vessels of war, the Cyane and the Levant. His dauntless courage and determination in this and other naval combats earned him the nickname of " Old Ironsides." Charles Pamell inherited the intellectual qualities of his father's race, and much of the dogged courage and inflexible will of the American Admiral. There had been little, however, up to the date of his entering Parliament, to indicate any promise of distinction. His career at the University of Cambridge had been cut short by the authorities, on account of his complicity in a petty street brawl. His biographer, Mr. Barry O'Brien, and Mr. F. H. O'Donnell, who was closely associated with him in his early career in the House of Com- mons, agree in saying that he was almost totally ignorant of Irish history. He had, however, a turn for mathematics, and interested himself greatly in mechanical and engineering questions. After leaving Cambridge he paid a long visit to a brother in the United States, and on his return settled at Avondale, where he lived, for a few years, as an Irish landowner of small income, hunting and shooting, and taking part in cricket matches like his neighbours. His mother and sisters hved in Dublin, and were strong Nationalists, with close relations to some of the Fenian leaders. There is no reason to believe that Pamell himself was associated with the same cause. His sympathies, however, were strongly enhsted on behalf of the amnesty agitation. In 1874, he joined in the movement inaugurated by Butt for Home Rule, and became a member of the Home Rule League. He wanted to come forward as a candidate for his County of Wicklow in the General Election of 1874. But he was High Sheriff for the County in that year, and the Irish Government refused to allow him to resign the post. He was therefore disqualified. Later, at a by-election in 1875, he contested the County of Dublin against Colonel Taylor, the Chief Whip of the Tory Party, and was beaten by a great majority, after a severe and costly contest, in which he showed Uttle capacity for public speaking. In April of the same year another vacancy occurred in the County of OBSTRUCTION IN PARLIAMENT 71 Meath, and at the instance of Butt, as leader of the Irish Party, Pamell was invited to become a candidate. He was elected without opposition. Few men have ever embarked on a career of pubhc pohtics with less equipment of pohtical knowledge and experience, and with less expectation or promise of what proved to be his future. Compared with Pamell, Biggar had Httle in his appearance to commend him to notice. He was very short in stature, partly owing to his being a hunchback. He had a harsh and grating brogue, such as is common with the labouring people in Belfast. He had difficulty in stringing words together. A native of Belfast, he had, by great industry, rigid economy, and financial capacity, reahzed a considerable fortune as a provision merchant, but he continued to five in penurious style. He had shown great pugnacity in the local affairs of Belfast. He was a kind of stormy petrel there, and roused violent animosities. He was a good hater, especially of his political opponents. He was at one time a member of the Supreme Coiul of the Irish Repubhcan Party, the Fenian Organization, and had taken the oath of that Association ; but he had been expelled by that body shortly after entering the House of Conamons. He was a convert to the Roman Cathohc faith. Biggar was first returned to the House of Commons, in 1874, as Member for the County of Cavan. He very early showed that he had no respect for its traditions and conventions. He was absolutely fearless, and was imdaunted by the hostile demonstrations, which his rough language and rude manners roused against him. One of his first essays was to call atten- tion to the presence of strangers in the Gallery of the House, on an occasion when the then Prince of Wales was present. This led, under the then rules of the House, to the Prince having to leave the Gallery with other strangers. A storm of indignation was aroused. It resulted in the immediate repeal of the absurd and obsolete rule of the House, under which strangers, including members of the Press reporting the debates, were present only on sufferance, and so long as no single Member of the House objected. In my personal recollection Biggar was regarded by a great majority of Members, in the early days of his member- ship, as a kind of mischievous imp, who alternately shocked 72 GLADSTONE AND IRELAND and amused by his insolent audacity. Later his fighting qualities gained for him a more general respect, and it was recognized that beneath his rugged and uncouth exterior, there was a kind and even generous heart. There never was a more loyal or more disinterested colleague to those who worked with him. His first great opportimity of showing his aptitude for obstruction arose in the debate on the Irish Coercion Bill, in 1875. His leader, Mr. Butt, wishing, for some reason, to protract the discussion, asked Biggar to fill up a gap in the debate. He was fully equal to the occasion. Rising from the Irish bench, he spoke continuously for four hours. There happened in this case what was quite unique in the record of debates in the House of Commons. In Hansard's report, instead of Biggar's speech, more or less condensed, there is a humorous narrative of the general effect of his grotesque proceedings and incoherent utterance. It appears that early in his career in the House of Commons, Biggar had formed the opinion that Butt's constitutional method of presenting the Irish case for Home Rule and of advocating Irish reforms was futile, and could lead to no results. " Butt's a fool," he is reported to have said, " too gentlemanly — we're all too gentlemanly. The English stop our Bills. Why don't we stop theirs ? That's the thing to do. No Irish Bills ! Then stop Enghsh Bills. That's the policy. We'll never do any good imtil we take an intelligent interest in Enghsh affairs." It was not, however, till the beginning of the Session of 1877 that he was able to influence Pamell, and some half a dozen of the more advanced section of the Irish Members, in favour of a concerted movement in this direction. In the first two years after his election, in 1875, Pamell had rarely spoken in the House of Commons. In 1877, how- ever, he came rapidly to the front. Mr. F. H. O'Donnell, the able journalist who has published his reminiscences of that time, claims that he was largely concerned in influencing Pamell in favour of a more active policy in the House of Commons. His proposal was that the Irish Members should take a leading part in Enghsh and Imperial questions of all kinds, and should not as theretofore confine themselves to Irish questions. They should, in his view, " endeavour to associate the Irish cause with as many other good causes and righteous demands as possible, in order to oppose a mighty OBSTRUCTION IN PARLIAMENT 78 confederation of the wronged against the iniquities which oppressed Ireland. They should show a restless activity and should concentrate on a retahatory and constructive propaganda." ^ Pamell, in the past two years, had been closely watching the proceedings of the House of Commons in respect of Irish affairs ; he had come to the conclusion that Butt's pohcy was a failure, and that it was hopeless to expect any results from it. He is reported to have said to an Irish Member about this time : "It is not by smooth speeches that we can get anjrthing done in the House of Commons. We must show that we mean business. They are a great deal too comfortable in this House, and the Enghsh are a great deal too comfortable every- where." And again : " If we are to have ParUamentary action it must not be the action of concihation, but of retahation." Three measures of the Government, in 1877, offered a wide scope for the intervention of Irish Members in debate and discussion of details, whether with the object of obstruction, or of constructive propaganda — ^namely, the Prisons Bill of that year, the Annual Mutiny Bill, and the Bill for the Con- federation of the South African Colonies. Pamell threw himself into the work with the utmost energy and zeal. He speedily developed debating power of a very exceptional and unexpected kind. He showed great faculties of searching criticism and lucid statement, and great abihty in rapidly cramming himself with facts, sufficient to enable him to take part in detailed criticism. Not more than six or seven other Irish Members joined with him in this new movement. His principal aids were O'Donnell, on the one hand, always fertile in suggestion, and ready with amendments, and full of knowledge on subjects of which Pamell was totally ignorant, and Biggar, bent on pure obstruction, incapable of any sus- tained and intelligible argimient, but always ready to fill up a gap in debate with prolonged and incoherent speeches. Every measure under charge of a Minister was systematically obstructed in this way, and day after day motions for adjourn- ment were made, or personal questions were raised, with the object of making the conduct of business as difficult and pro- tracted as possible. It was said of Biggar that he propoimded * O'Donnell's History of the Irish Parliamentary Party, I, p. 180. 74 GLADSTONE AND IRELAND and acted upon a gospel of obstruction under the following heads : (i) To speak only in the time set apart for the Govern- ment. (2) To aid any independent Member in expending the time of the Government. (3) When he saw a Government Bill to block it. (4) When he saw a raw of any kind in the proceedings of the Government to rub it. (5) Always to give way to any Enghsh or Scotch Member who had anything to say which the Government wished unsaid. Pamell assisted in this policy by his fertihty of resource in raising subjects of debate, and moving amendments, which could not be dubbed irrelevant, but which gave rise to dis- cussions more or less prolonged. Some of his amendments to the Prisons Bill were of real value, especially those relating to the treatment of pohtical prisoners. One of them which he succeeded in carrying was that persons convicted of sedi- tious libel should be treated as first-class misdemeanants, and not with the severity to which ordinary criminals are subjected. But in many of these, and indeed in all his dis- cussions on these three measures, he gave the impression to the House that he cared httle or nothing for the demerits of the Bills, or the merits of the amendments he proposed, and that he was mainly bent on thwarting the pohcy of the Govern- ment, and making it more difficult for them to carry on their business. It seemed as though the more reasonable an amend- ment, the more he valued it as a means only of occupying time, and of harassing the Government. It was part of his skilful tactics that his interventions were nearly always rational, that they were supported by language of a moderate character, and that he seldom laid himself open to charges of mere frivolous waste of time. He was cool, calm, and business-like, kept to the point, and was rarely aggressive in voice or manner. The development of this policy of Parnell and Biggar soon brought them into conflict with the leader of the Irish Party. Butt had great respect for the traditions of the House of Commons, and had no sjnnpathy for a policy of obstruction. In the Conmaittee on the Prisons Bill, on March 26th, 1877, when, after repeated motions for adjournment by a small band of three Irish extremists, the Government was compelled to give way at 3 a.m., Butt, on the suggestion of Sir M. Hicks-Beach, the Chief Secretary for Ireland, rose in his place OBSTRUCTION IN PARLIAMENT 75 and rebuked these turbulent members of his party. " I must express," he said, " my disapproval of the course taken by the Hon. Member for Meath. I am not responsible for him and cannot control him. I have, however, a duty to discharge to the Irish nation, and I think I shall discharge it best when I say I disapprove entirely of the conduct of the Hon. Member." Pamell sat calmly, and with a cynical smile, while this reproof was being administered. He attempted no immediate reply. But a few days later a correspondence took place between him and Butt, which appeared in The Freeman's Journal. " I claim in future," wrote the former, " the hberty of action on Imperial and English matters which has hitherto been granted to every member of the party, while I shall continue to follow your lead in regard to Irish questions." In reply Butt dis- sented from this view of the obhgations of a member of the Home Rule Party. He reminded Pamell that the pledge taken was clear and distinct. " I see no objection to your taking part in the debates on Enghsh and Imperial questions, provided only they are bona fide. But it is impossible not to see that your action in the House is conducted as an organized system of obstruction. It must tend to ahenate our truest and best Enghsh friends. It wastes, in aimless and objectless obstruction, time which might be obtained for the discussion of Irish grievances." Pamell returned to the charge. " I cannot sympathize with your conclusion as to my duty towards the House of Commons. If Enghshmen insist on the artificial maintenance of an antiquated institution, which can only perform a portion of its functions, by the concurrence of those entrusted with its working, I cannot conceive it my duty to connive in the imperfect performance of them." Later in the Session, on July 25th, when the House was in Committee on the South African Bill, after a long course of obstruction on the part of sdme seven or eight Irish Members, under the leadership of Pamell, a violent scene took place, in which Pamell denoimced the Bill as mischievous to the Colo- nies and to the native races of South Africa, and drew a comparison between Ireland and these Colonies. " As an Irishman," he said, " coming from a country which had experienced to its fullest extent the result of British inter- ference in its affairs, and the consequences of Enghsh cruelty 76 GLADSTONE AND IRELAND and tin^anny, I feel a special satisfaction in preventing and thwarting the intentions of the Government in respect of this Bill." The Leader of the House, Sir Stafford Northcote, moved that the words be taken down, and that the Speaker should be sent for. After a violent speech in justification from Pamell, Sir Stafford Northcote moved that " Mr. Pamell, having wilfully and persistently obstructed the public business, is guilty of contempt of the House, and that he be suspended from the service of the House till Friday next." It was then, however, pointed out that the motion misdescribed Mr. Pamell's language. He had not declared his interest in thwart- ing the designs of the House, but of the Government. The one would have been obstruction which the House could take notice of ; the other, if reprehensible, was not illegitimate. Sir Stafford Northcote was compelled to withdraw his motion, and Pamell resumed his speech as though the incident had not occurred. Later again, on July 31st, a prolonged conflict occurred between the Government and this small band of Irish Members. It was determined by the former that the Committee stage of the South African Bill should be concluded that night. Pamell, O'Donnell, Biggar, and a few others, seven in all, accepted the challenge and determined to carry on the contest to the very extreme of their power. They succeeded in keeping the Committee at work for twenty-six consecutive hours. It was not till 2 p.m., on the following day, that the last amendment to the Bill was disposed of. The House by that time had filled again, and Sir William Harcourt, on behalf of the main body of Liberals, entered a strong protest against the action of the small band of Irish Members. He quoted from a recent speech of Pamell in Manchester to the effect that " if they are to have a Parhamentary policy it must not be one of concihation but of retaliation." Mr. O'Donnell spoke at length, defending the policy of retahation. " What was wrong about it ? They were only paying the Government back." He spoke for the advanced party in Ireland, and he said if they could not have conciliation, they would have retaliation. Butt thereupon intervened with great warmth. " I deny," he said, " that those who act contrary to the pledges given to the Irish Party are members of that party. I know that the Irish Party repudiate the Member for Dungarvan. OBSTRUCTION IN PARLIAMENT 77 I would be false to myself, I would be false to my country, if I did not repudiate him. If I thought he represented the Irish Party, and the 'Irish Party represented my country, which it does not, I would retire from Irish politics, as a vulgar brawl, in which no man could take part with advantage or honour to himself." In the division which followed, the last in this scene, seven Members only, including the Tellers, supported the motion, and the great majority of Irish Members followed Mr. Butt into the Lobby with the Government. While these events were occurring which were to disintegrate and niin the then Irish Party, Butt had been quite as active as in previous Sessions in pmrsuit of his pohcy of endeavoiuing to persuade Parhament to concede the Irish demands for self- government, for reform of the Land Laws, and for other Irish measures. On April 24th, an important motion was brought forward, at his instance, by Mr. W. Shaw for a Committee to report on the demands of the Irish people for an Irish Parlia- ment. Butt spoke at length in support of it. The debate was important, as it led to declarations by leaders of the Liberal Party against Home Rule in any shape, namely, Lord Harting- ton, Mr. W. E. Forster, and Mr. Fawcett. Mr. Forster, in his speech, declared that Home Rule was not an open question. Until the House of Commons had become convinced that separation was desirable the question could not be an open one which could be submitted to a Conunittee. His own opinion was that the House of Conunons would never entertain that conviction, and he had a sanguine hope that, year by year, fewer Irish Members would support Home Rule. The motion was defeated by 417 to 67, twelve EngUsh Members voting in the minority. Later, Butt himself moved the second reading of an Irish Land Tenure Bill. It proposed perpetuity of tenure to existing tenants, excluding all grazing farms with a rental of over ,^50 a year, and those on which the tenant did not reside. Where there was dispute as to rent, the landlord and tenant were to appoint an arbitrator to decide between them. The Bill was rejected by a majority of 323. On April 27th the subject was reopened on a motion of The O'Donoghue that in order to ensure to the Irish tenants the benefits intended by the Act of 1870, it was essential that steps should be taken to prevent the exaction of rents, which virtually confiscated their interest in 78 GLADSTONE AND IRELAND their improvements. It was absolutely necessary, he said, to give further protection to the tenants. Cases occurred where landlords threatened tenants with eviction if they did not assent to what might be in the first instance small increases of rent. He quoted the case of a Mr. Buckley, a Lancashire manufacturer, who bought an estate in Tipperary under the Encumbered Estates Act, at eight years' purchase of the rental, and immediately after increased his rents by loo or 150 per cent. Lord Hartington opposed the motion, which was defeated by 189 to 65. On June nth Butt made another motion for the appoint- ment of responsible Ministers at the head of the Local Govern- ment Board and the Board of Works in Ireland. He was supported on this occasion by Pamell, who declared that " by the past administration of Irish affairs the Government had set the people of Ireland in direct antagonism to the upper classes and landlords of Ireland." The motion was rejected, as was also another on June 5th on the subject of Irish taxa- tion. The Government majority on this was comparatively narrow — 152 to 118. With the above exception Parnell and his small band of followers took no part in the discussions on the motions of Butt and the main body of the Irish Members. It was clear, however, beyond all question that Butt could get nothing from the Government and that his pohcy was a failure. Sir M. Hicks-Beach, one of the ablest and most con- scientious of statesmen who had held the post of Irish Secre- tary, did nothing during his four years of tenure of office to meet the demands of the great majority of the Irish Members. His own contribution to legislation was unim- portant, beyond the extension of the Coercion Act for a term of five years. CHAPTER VIII THE SUPERSESSION OF BUTT DURING the year 1877 I personally saw much of Mr. Butt in the House of Commons. Early in this year, after two visits to Ireland, in the course of which I had seen some of the properties of the Disestabhshed Church, whose tenants had been able to purchase their holdings under the Act of 1869, I moved for a Select Committee to inquire into the causes of failure of the Bright clauses of the Land Act of 1870. In this view, I consulted Mr. Butt on the subject. Though he was in favour of my motion, and approved generally of the scheme of purchase of their holdings by tenants, he made no secret of his own view that schemes of this kind were quite inadequate as remedies for the existing state of land tenure in Ireland, and for the grievances of tenants. He maintained that the chief object of Land Reformers in Ireland should be to secure fixity of tenure for the tenants and arbitration of their rents. In moving for a Committee I showed that the clauses of the Church DisestabUshment Act had been successfully carried out in respect of the large landed property of the Irish Church, consisting of parochial glebes and episcopal and capitular estates, and that over six thousand tenants had been converted into owners, on the terms that two-thirds of the purchase money was left on mortgage, repayable by equal annual instalments of interest and sinking fimd, spread over a term of years. On the other hand, the purchase clauses of the Land Act had been almost a complete failure. Though great numbers of properties had been sold under the En- cumbered Estates Act, yet their tenants had not been offered any opportunity of purchasing their farms. In the seven years since the passing of the Act only nine hundred tenants had been converted into owners. 79 80 GLADSTONE AND IRELAND The House after a full debate agreed to my motion, and an important Committee was appointed, including among its members Mr. Butt, and Mr. Bright who was the author of the clauses in the Land Act of 1870. Mr. Plunket, then Solicitor-General for Ireland, and now Lord Rathmore, represented the Government. The Committee elected me as its chairman. The inquiry extended over two Sessions. Mr. Butt took some part in its early proceedings, but later ceased to attend, and in 1878 was not reappointed a member of it. Mr. Bright took a most active part on the Committee. The evidence taken by the Committee conclusively proved my contention that no serious effort had been made by the officials of the Court administering the Encumbered Estates Act, and of other Departments of the Government in Dublin, to give effect to the Act. Practically the policy of the Land Act in this respect had been burked by the legal and other officials in Dubhn. On the conclusion of the evidence I submitted a draft report to the Committee embodying a full statement of the working of the clauses of the Church Disestabhshment Act, in respect of the conversion of the tenants of the Church property into owners, and of the beneficial results of this policy as already manifest. It pointed out the causes of failure of the Act of 1870. It proposed a number of recommendations for amendment of the Act. It advised an increase in the proportion of the purchase money to be loaned by the State, and a prolongation of the term of repayment. A counter report was propounded on behalf of the Government of a most futile character. It was carried by a bare majority of the Committee in substitution for mine. When, however, the report of the Government was considered in detail, most of my recommendations were grafted upon it by majorities of the Committee, and as finally amended and adopted, it repre- sented in the main my conclusions. In the Session of 1879 I made a motion in the House of Commons affirming the conclu- sions of the Report, and directing the Government to give effect to them as soon as possible. I was supported by a most powerful speech of Mr. Bright, and also by one from Mr. Gladstone. An admirable speech was also made in favour of my motion by Mr. Justin McCarthy, who had been returned as Member for Longford only a few days previously. THE SUPERSESSION OF BUTT 81 The Government, in the first instance, was unfriendly to the motion, but the general feeling of the House was so strongly expressed in favour of it, in the course of the debate, that it was compelled to change front, and the motion was ultimately agreed to unanimously. Mr. Pamell and the group of Irish Members associated with him took no part in these discussions and proceedings. Reverting to the year 1877, it remains to point out that the annual motion, in favour of an amnesty for the remaining Fenians in convict prisons, was made in the course of this Session by Mr. O'Connor Power. Mr. Butt supported it in an eloquent speech, in which he pointed out that only eight of these men were still in convict prisons, two of whom had been concerned in the release of the prisoners in the Manchester affair, and five were soldiers, who had been convicted of taking part in the conspiracy ; the remaining convict was Michael Davitt, who had been convicted of collecting and distributing fire-arms to Fenians in Ireland, and had been sentenced to fifteen years of penal servitude. The leaders of the movement, including O'Donovan Rossa, had been already released. " Was it wise," Mr. Butt said, " to prolong the exasperation and ill-feeling in Ireland, and to imdo the good effected by the release of the leaders by keeping in prison these few miserable men ? " Of those imphcated in the Manchester attack, he said that at most it was a case of " constructive murder " and not such as was popularly held to be murder. The motion was strongly resisted by the Government. The Irish Secre- tary, Sir M. Hicks-Beach, repudiated Mr. Butt's contention that the term of miu-der was not rightly to be attributed to those engaged in the attack. Lord Hartington, on behalf of the main Opposition, supported the Government and con- tended that there was no reason for reversing the decision arrived at by the previous Government. Mr. W. E. Forster voted against the motion. The occasion, however, was taken by Mr. Gladstone for a speech urging the exercise of the prerogative of mercy, though he did not follow it up by his vote. Mr. Butt, he said, has called the Manchester case one of constructive murder. Independently of that it was a most gross outrage against the law, and an act most dangerous to the peace of Society, but it was going beyond the hmits of accuracy to say that it was a deliberate and atrocious 6 82 GLADSTONE AND IRELAND assassination. He hoped that the time had arrived when these cases might be examined with a view to the exercise of the prerogative of mercy. * It was probably due to this intervention of Mr. Gladstone that, later in the same year, these few remaining Fenian prisoners were released. Michael Davitt was set free on a ticket -of-leave, after eight years of imprisonment as a convict. He was one of the most interesting, able, and independent of the men engaged in the Nationalist movement. On his release he devoted himself, at once, to an agrarian agitation in Ireland for the suppression of landlordism, and was very active in organizing Irish opinion in the United States with this object. The tardy exercise of the prerogative of mercy in the case of these few remaining pohtical prisoners deprived the measure of much of its grace. It might well have been conceded much earher. Instead of this the question was allowed to embitter Irish opinion for many long years. This, and the total failure of Parliament to hsten to the demands of the Irish Members, and to provide any remedy for the grievances which they laid before it in the constitutional way, were fatal to Butt's policy of conciliation. The scene above described, which occurred on the South African Bill, was also fraught with disastrous Results to Butt and his pohcy. His intervention on behalf of the Government, in opposition to Pamell, was resented by Irish opinion outside Parhament, and led to his downfall as leader of the Irish Party. For some time past the mihtant attitude of Pamell had attracted and fascinated Irish opinion, especially that of Irishmen in England and in the United States, who had long been far more violent in their views than their com- patriots in Ireland. Pamell had already stimidated this by speeches outside Parliament. At Manchester, on July 13th, 1877, he said : " For my part I do not beUeve in a p)ohcy of conciliation of English opinion or Enghsh prejudices. What did we ever get in the past by trying to concihate ? Why was the Enghsh Church in Ireland disestabhshed and disendowed ? Because there was an explosion at Clerkenwell and because there was a pohceman shot in a prison- van at Manchester." A few days after the scene in the House of Commons, on ^ Hansard, 1877. THE SUPERSESSION OF BUTT 88 September ist, 1877, the annual meeting of the British Home Rule Confederation took place at Manchester. The Associa- tion had been founded, a few years before, by Butt, who had been elected as its President in each succeeding year. He was present as usual at this meeting, expecting re-election as a matter of course. Pamell was also there. Some member rose and proposed Pamell as President for the coming year. There was no counter proposal on Butt's behalf. Not a single voice was raised for him. Pamell was unanimously elected. The old chief was deeply mortified. Tears were seen to fall from his eyes. " I never thought," he said, " that the Irish in England could do this to me. " He appealed to his supporters in Ireland against this revolt of the Irish in England from his leadership. In an open letter to his constituents, later in the year, he wrote : " The difference between the majority of the Home Rule Members and certain Members is not merely of greater or less activity, or as to an improper use of a legitimate instru- ment of opposition, but is deep and vital, embracing the whole of their Parhamentary conduct." In spite of his appeal, public opinion in Ireland veered against Butt. It was deeply offended by the neglect and re- fusal of the House of Commons to meet any of the demands of the great majority of the Irish Members. It had practical proof in this of the inutihty of methods based on constitutional lines, and#of the failure of Butt's pohcy. Resentment against him was stimulated by the action of Pamell and Biggar and their small group of adherents, who had bearded the House of Commons. This struck the imagination of the Irish people. The action, however, of the Irish in Ireland was more considerate and deferential to Butt than that of the Irish in .England. At a Home Rule Conference held at DubUn on January 14th and 15th, 1878, a vast majority of those present were still favourable to Butt's leadership, though evidently dissatisfied with his conduct of affairs in the House of Commons. A large majority, however, were in favour of the pohcy of obstruction. Butt made a passionate appeal for unity of the party. " I have no objection," he said, " to Irish members taking part in the discussion of English and Imperial affairs. I have even held that they did not take a part often enough. 84 GLADSTONE AND IRELAND We should do something for the sufferers of wrong throughout the Empire. What I object to, what I hold to be fatal to the dignity and usefulness of the Irish Party, and to the good name of Ireland throughout the world, is obviously not the inter- vention in EngUsh and Imperial concerns, but the manifesta- tion of a certain Irish party without regard to the matter in hand and the interests involved. I laid down, at Limerick what I believed was the policy to pursue, and that was to make an assault all along the whole line of English misgovemment, and to bring forward every grievance of Ireland and to press the House of Commons for its redress. I believed, and still believe, that if once we get liberal-minded Englishmen fairly to consider how they could redress the grievances of Irish misgovemment, they would come, in the end, to the conclusion that they had but one way of giving us good government, and that is by allowing us to govern ourselves," To this Pamell replied in a moderate speech : "I gladly agree with Mr. Butt that it is very possible, and very probable, that he would be able to persuade a few fair-minded Enghsh- men in the direction he has indicated ; but still I do not think that the House of Commons is mainly composed of fair-minded Englishmen. If we had to deal with men who were capable of listening to fair arguments, there would be every hope of success, but we are dealing with political parties, who consider the interests of their political organization as paramount beyond every other consideration." He went on lo defend his own action. As a result, Butt's friends found it inexpedient to press their original motion that no Irish Member ought to persevere in any course of action, which should be condemned by a resolution, adopted at a meeting of Home Rule Members, as calculated to be injurious to the National cause. On the other hand, a motion of Mr. O'Connor Power, in the interest of Pamell, urging determined and vigorous action of the Parliamentary Party, was also withdrawn, and a neutral resolution was agreed to. Although the immediate result of this conflict was a drawn battle. Butt recognized that his leadership was practically brought to an end. In April, he addressed a manifesto to the electors of Limerick condemning obstruction, but announcing his intention to resign the leadership of the Irish Party, and alleging ill-health as his reason. He followed this up by tender- THE SUPERSESSION OF BUTT 85 ing his resignation to the Irish Party in the House of Commons. It was not accepted. He was induced to continue as nominal leader, but with the understanding that the same regular attendance, in the House of Commons, was not to be expected of him in the future. This was the more necessary to Butt as his finances were in a desperate condition. Subscriptions to the party funds had fallen off, owing to the division of opinion in the ranks of the party, and the hostihty of the extreme section. A national subscription was started in Ireland by Butt's friends to recompense him for the great professional losses he had incurred by devotion to the Irish cause. It was a complete failiu^e. Butt was thrown upon his own resources, which consisted solely of his income from professional work at the Bar. He was harassed by creditors in respect of old and accumulated debts. It was necessary to make every effort to recover his practice at Dublin. His sacrifices to the national cause had been very great. He had declined overtures for appointment to a very high position on the judicial Bench, to which, as the most eminent man at the Irish Bar, he was fully entitled. Like O'Connell, he would not give up his leadership of the national cause for professional advancement. But it was necessary to find the means of Hving. During the year 1878 he relaxed his attendance in Parhament. He devoted himself mainly to the Law Courts at Dublin. He was seldom at Westminster in comparison with the three previous years. He made great efforts to pick up again his professional practice. But it was too late. His health was rapidly failing. It was obvious to his friends that his end was approaching. It was to be regretted that Parnell did not appreciate this, and by generous and sym- pathetic treatment, reheve the gloom of the few remaining months of the old chief. Instead of this he continued his opposition in the party. At his instance a vote of censure on Butt was passed by a majority of the Home Rule Association of England. The last speech which Butt made in the House of Commons was on July 4th, 1878, on an annual motion for inquiry into the Land Laws of Ireland and the failure of the Land Act of 1870, made by Mr. Errington, one of the most moderate of the Irish Party. Butt's speech was short, but vigorous and persuasive. Mr. James Lowther, who had succeeded Sir M. 86 GLADSTONE AND IRELAND Hicks-Beach as Irish Secretary, and who was an uncom- promising Tory of the old school, expressed a detestation of the principle of the Irish Land Act, and banged the door against any amendment of it, in the interest of the tenants. It was an incident of the debate that Lord Randolph Churchill, at that time an imdistinguished Member of the House of Commons, but who had seen something of Ireland, where his father was Lord-Lieutenant, first showed sympathy for the Irish Party, by speaking in favour of the Bill. PameU and his associates took no part in the discussion. The motion was defeated by 124 to 67. Butt's last presence at a public meeting was at Dubhn on February 9th, 1879. His appearance there was a shock to his friends. There was no mistaking the signs of his approach- ing end. In spite of this, the reception by the audience was unsympathetic, if not hostile. Old friends gave him the cold shoulder. Butt took the opportunity of defending himself against the recent vote of censure by the British Home Rule Association. His speech, in spite of his failing strength, was worthy of his old reputation. It was persuasive, and closely reasoned, with passages of pathos. He succeeded in defeating a hostile motion by a small majority. It was his last speech. He went home to die. The end came a few weeks later — on May 5th. Butt died of a broken heart, if ever man did so, with a bitter sense of failure, of ruined fortune, and of pohtical defeat by insurgent members of his own party, unredeemed by any generous appreciation of his great services to the Irish people, and of the great personal sacrifices he had made to their cause. Isaac Butt's was the last attempt to combine the moderate section of Irish Liberahsm, and representatives of Tory land- owners, in Ireland, in a national pohcy of Home Rule and Land Reform. He was the first to propose, in a definite and practical form, the alternative to Repeal of the Act of Union, of a federal scheme, which was to give to Ireland an executive responsible to its representatives, and a legislature empowered to deal with purely Irish questions, while reserving to an Imperial Parhament matters of common interest and of Imperial concern. His speeches on this meiin topic have stood the test of subsequent experience. They were the text-book for the next generation. He was the fiirst also to formulate THE SUPERSESSION OF BUTT 87 specific proposals in the House of Commons for fixity of tenure and judicial rents and to clothe them with legal forms. It may safely be presumed that Mr. Gladstone owed much to Butt's writings and speeches, when he came to deal with the Irish land question in 1881, and when later he made his pro- posals for Home Rule in 1886. CHAPTER IX MR. SHAW'S INTERREGNUM ON the death of Mr. Butt in 1879 the Irish Home Rule Party in the House of Commons chose as their leader Mr. William Shaw, Member for Cork, and Chairman of the Munster Bank, with a high repute as a financier, and at that time a man of substance. He was a Protestant, a shrewd and forcible speaker, with a certain quality of dry humour which attracted the House of Commons, but without the gift of eloquence. His election in preference to Pamell, who had already acquired a Parhamentary position, far in advance of any others of the party, showed that a majority of it were imbued with Butt's principles of moderation and conciliation, rather than the more advanced view of Parnellandhis followers. Though nominally leader of the Irish Party, Mr. Shaw appears to have had very little influence. The germs of dissen- sion had already, in the previous year, developed in the party. There were very few subjects on which they agreed. Pamell went his own way, and paid little, if any, deference to Mr. Shaw's leadership. The main subject which occupied him, in 1879, was the Army Discipline BiU. This was a measure consoli- dating all the law on the subject. It was the result of the labours of a Committee of the previous Session, which had been due to Pamell's obstruction to the Annual Mutiny Bill. It offered endless opportunities for discussion, and raised the im- portant question of flogging in the Army. Pamell, O'Donnell, and Biggar availed themselves freely of them. Their main object was to abolish flogging. They organized obstruction to the whole Bill for this purpose. They were aided in their op- position to flogging, in the first instance, by a small section of English Liberals, including Mr. Joseph Cowen and Mr. Hop- wood. Later Mr. Chamberlain came to their aid. He bore 88 MR. SHAW'S INTERREGNUM 89 testimony to the great public service p)erformed by Pamell and Biggar in obstructing the Mutiny Bill of the previous year. " Nothing," he said, " can be done without obstruction. The friends of humanity and the friends of the British Army owe a debt of gratitude to the Member ior Meath [Mr. Parnell] for standing up alone against this system of flogging, when I myself, and other Members, had not the courage of our con- victions. I hope that his efforts will be crowned by success."^ These efforts to abohsh flogging were opposed at first by Lord Hartington, as Leader of the Liberal Party and former Minister of War, and by Sir William Harcourt ; but later public opinion outside the House of Commons declared itself so unmistakably against flogging, that the whole of the Liberal Party in the House veered roimd in the same direction. Mr. Chamberlain taunted Lord Hartington on the subject, and referred to him contemptuously as " lately the Leader of the Liberal Party." Mr. Callan, an Irish Home Ruler, not one of Pamell's followers, succeeded in getting specimens of the different kinds of cat, used for flogging in the two Services, exhibited in the Library of the House. This added to the excitement on the subject, both in and outside the House. After seven weeks of discussion in Committee on the BiU, Colonel Stanley, the Minister in charge of it, who, in the first instance, had asserted that flogging was, in the opinion of the highest miUtary authorities, indispensable for the main- tenance of discipline in the Army, began to waver. He made a series of concessions, giving way from point to point, as the discussion progressed, and eventually took his stand on the maintenance of flogging only in time of war, and for cases where death was the only alternative. Lord Hartington also, who had originally supported the Government, ultimately yielded to the general feeling of the party behind him, and, on the report stage of the Bill, moved a resolution condemning in every case the punishment of flogging in the Army. This was resisted by the Government and was defeated on a party division. The BiU, as ultimately passed, limited flogging to the rare cases above referred to. In other respects the severity of the measure was much mitigated. The discussion on it occupied the House for twenty-three nights, and. according to Hansard, ^ Hansard, June lothg 1879. 90 GLADSTONE AND IRELAND Pamell and O'Donnell spoke, each of them, over 150 times. To them, and to others of their small band of Irish followers, the main credit of the practical abohtion of flogging in the Army was due. It cannot therefore be said that their obstruc- tion was without justification. It was, in fact, successful. If time was wasted, the fault lay with the Members in charge of the Bin, and with the Government, who, by early concessions, might have disarmed opposition and avoided obstruction. The Session of 1879 was not unfruitful of Irish measures. It was claimed by Pamell and his followers that their general pohcy of obstruction and of hostihty to the Government, as distinguished from Butt's pohcy of concihation, compelled the Government to propose or agree to measures of appeasement. An Irish University Act was passed, which substituted for the Queen's University an examining University on the model of that of London. It passed without much difficulty or dis- cussion. It failed, however, in its result to give satisfaction or to afford a remedy for the complaints of the Catholics in Ireland. Another measure, important in its pohtical effect, due to a private Member, was the virtual repeal of Lord Clare's Convention Act of 1798. The Act, which was passed by the Irish Parhament of that year, was part of the panic legislation caused by the French Revolution. It prohibited the election of delegates to any central convention in Ireland. The repeal of the Act was supported by a most powerful speech of Mr. Joseph Cowen, which virtually carried the Bill. He showed that the Convention Act did not interfere with the conunon law right of holding meetings in Ireland. The Irish people could muster in immense nimibers on the classic hill of Tara or at Trim or Mullaghmast. But if, instead of holding threatening assembhes 500,000 strong, such as gathered together, imder O 'Council, a dehberative assembly of representative men met quietly in a room in Dublin and strove, not by force but by persuasion and agreement, to put their case for the repeal of a specified law, or the reform of a social usage, the law would step in and prevent them. The Act might be said to offer a premiimi to passion and violence, and to put a penalty on representation and reason. The Bill was opposed by the Attorney-General for Ireland, Mr. Gibson, who claimed that the Act was enforced only with the greatest discretion, so as not to abridge the holding of MR. SHAW'S INTERREGNUM 91 representative meetings. In reply to him I pointed out that the Act extended far beyond what its framers apparently intended, for its preamble contemplated the prohibition of meetings of delegates claiming the attributes of a Parliament, while the enacting clauses prohibited delegations of all kinds. I suggested that the Bill should be amended so as to maintain the prohibition of meetings arrogating the functions of Parlia- ment. This was supported by Pamell in a closely reasoned and concihatory speech, which showed what advance he had made in Parhamentary debate. He pointed out that under the common law assembUes aping Parliament were illegal. The Irish Secretary, while saving the face of the Government, by saying that the Bill could not be amended as proposed, promised to support one, which would have the desired effect of repealing the Convention Act, but which would maintain the prohibition of assemblies arrogating the functions of a Parhament. This was agreed to, and an Act was passed which repealed the objectionable features of the Convention Act. Another important Bill, introduced by an Irish Member, for permitting the enrolment of volunteers in Ireland, also passed the House of Commons. It was supported by Mr. Shaw and Colonel King-Harman. There was unanimity in the House of Commons in favour of it. The Attorney-General for Ireland, Mr. Gibson, said that as an Irishman he was always glad when it devolved on him to make any reasonable concession to Irish opinion. It will scarcely be credited that this most reasonable Bill, passed imanimously by the House of Commons, and supported by the Government, was rejected by the House of Lords by a majority of 36 to 16. The majority consisted mainly of Irish Peers, while the 16 included Lord Beaconsfield, the Duke of Richmond, Lord Cairns, and Lord Cranbrook, members of the Cabinet, and the leaders of the Liberal Oppo- sition, such as Lord Spencer. Lord Bury, who represented the War Ofl&ce, said that it would be a grave responsibility for the Government to express its opinion that the Irish nation was unfit to be trusted with arms. That, indeed, was not their opinion. It was felt by the Government that there could be no danger or difficulty in allowing the volunteer system to be extended to Ireland. In spite of this the reactionary Peers rejected the Bill. 92 GLADSTONE AND IRELAND Before the close of the Session (1879) the condition of agriculture both in England and Ireland occupied the serious attention of the House of Commons. The two previous years, 1877 and 1878, had been very unfavourable. Crops were very deficient, and prices did not rise in proportion to the deficiency as in past years. In July Mr. Chaplin called attention to the prevalent depression of agriculture, and moved for a Royal Commission to inquire into its causes and to suggest remedies. His speech was strongly flavoured by his well- known views in favour of Protection. Speaking of the distress in Ireland, he said that the profits of farmers were reduced by the amount of one half, and often of the whole of their rent. The O'Donoghue, on behalf of the Irish Party, moved an amendment pointing to the necessity of including an inquiry into the Land Laws of Ireland, and their failure to protect the interests of tenant farmers in years of bad harvests and low prices. Agricultural depression, he said, meant inability to pay high rents. The rent question had become a grave one in Ireland, where the overwhelming majority of tenants had agreed to their existing rents under compulsion. They had to choose between accepting the landlords' terms and eviction, which meant ruin, and they naturally preferred the alternative, which, at all events, gave them a chance of security till happier times. . . . The real, the only method, he contended, of deahng with the agricultural depression was to establish a fair system for the adjustment of rents. Much discussion followed, and it was ultimately agreed that the subject of the adjustment of rents should be included in the reference to a Royal Commission. A Commission was accordingly appointed with the Duke of Richmond as its President. Mr. Chichester Fortescue and Mr. William Shaw represented Irish interests upon it. The harvest which followed on this, in 1879, was the worst which had occurred in Ireland since 1846. Successive weeks of rain ruined the crops of corn and potatoes, and made it impossible in many cases to dry the turf. Agricultmral distress was not confined to Ireland. It was almost equally severe in England. The corn crops were less than one-half of the average of past years. It resulted that there was little demand for the employment of the migratory labourers from the west of Ireland, who yearly crossed the Qiannel for work at harvest MR. SHAW'S INTERREGNUM 98 time in England, and who reckoned on paying rent for their small holdings and homes out of wages thus earned. The West of Ireland was consequently in a deplorable condition. The year 1880 opened under most gloomy conditions in Ireland. The gravity of the state of things there, as regards the western half of it, was now fully recognized. Famine was stalking through the land. Evictions, pauperism, and crimes were largely increasing. Relief funds were opened by the Duchess of Marlborough, the wife of the Lord-Lieutenant, and by the Lord Mayor of Dublin (Mr. E. D. Gray). Large contributions were made through the Roman Catholic Bishops from the United States, and by emigrants there to their relatives at home. There was also a rehef fund collected by Pamell and Dillon in their political tour in the States. But the aggregate of these funds was little compared to the total deficiency caused by the three bad harvests. The distress was not confined to the west of Ireland. It was also, though in a less degree, prevalent in every part of Ireland, among the large as well as other farmers, and generally throughout Great Britain. Lord Beaconsfield, in a speech at Oxford, during the recess, impressed upon the landowners of England the necessity of meeting the emergency by large remissions of rent to their tenants. No similar exhortations to reduce their rents were made to the landlords of Ireland by any responsible member of the Government. Many land- owners did, in fact, make abatements, especially in Ulster, where the distress was least, and where the tenants' interest in their holdings was fully recognized. But in a great part of Ireland no reductions were made, and rents were either fully insisted on, or were allowed to accumulate in arrears, which kept the tenants in bondage till three years later, when relief was afforded by the Legislature. In some cases landlords took advantage of the occasion, and began to clear their estates of tenants, without paying any compensation for eviction, thus appropriating the tenants' interest in their holdings, which it was the object of the Land Act of 1870 to recognize and protect. Eviction processes alarmingly in- creased. In 1879 they were double the number in the previous year, and in the first half of 1880 they were again double the rate of 1879. The recollection of the clearances effected by landowners in many parts of the south and west in previous 94 GLADSTONE AND IREIiAND years of bad harvests were still fresh in the memories of the peasantry. It was at this juncture that the ill effect of the mutilation by the House of Lords of the Land Act of 1870 became appa- rent. The Act as it left the House of Commons gave discre- tion to the judge to award compensation in cases of eviction for non-payment of rent if there were special circumstances to warrant his doing so. This would have provided for the case of a succession of bad seasons when the payment of full rent, or even any rent at all, became impossible. The action of the House of Lords, in striking out these words of discretion to the judge, was now to produce its malign effect, for the tenants were at the mercy of their landlords, and could be evicted wholesale, without any compensation as intended by the Act. The least that could be expected under these conditions was that the Government would make some proposal for the protection of the smaller tenants at least against the legal consequences of their failure to pay rent, owing to the succession of bad harvests. When, however, Parliament met early in 1880 there was no suggestion in the Speech from the Throne of any amendment of the law for the purpose of saving the smaller tenants from eviction for non-payment of rents which had been made impossible by causes beyond their control. Mr. Shaw moved an amendment to the address raising the question of distress in Ireland. A debate prolonged over three nights took place on this motion. Sir Stafford Northcote's explanation on the part of the Government gave a most alarming account of the state of things in Ireland. His statistics showed that there had been a failure of the principal crops in Ireland, as compared with previous years, of 10 millions, or more than one-half, and that the value of the potato crop was 6 millions behind the average — or less than one-third of an average crop. It appeared from Sir Stafford Northcote's explanation that the chief action taken by the Irish Government to meet this state of things was the issue of a circular to the Boards of Guardians, impressing upon them the importance of making due provision beforehand of ample stores of bedding and clothing, to meet any pressure on the workhouse which was likely to occur. Nothing had been done in the way of relaxing the order prohibiting outdoor relief, which could only be MR. SHAW'S INTERREGNUM 95 effected in Ireland by an Act of Parliament. Nor was anything done immediately, or proposed, with reference to the quarter- acre provision, under which no rehef could be given by the workhouse authorities, if the apphcant was tenant of more than a quarter of an acre of land, without surrendering his holding. A circular, however, had been issued to landowners and local authorities reminding them of their powers to borrow public money, under various Acts of Parliament, for works of drainage, planting, etc., involving the emplo5mient of labour, and offering somewhat more favourable terms by the post- ponement of the commencement of repayment for two years. The applications in response to this were trivial in amount. Lord Hartington, on behalf of the Liberal Party in opposition, refused to join in a vote of censure. He left the responsibility of meeting the distress on the Government. Mr. Plunket (later Lord Rathmore), then Solicitor-General for Ireland, speaking on behalf of the Government, attacked the Irish Home Rule Party. " To the Irish agitator," he said, " the present distress seemed a good occasion to call up the grievance of the past, to rake up buried sorrows, to exasperate the people, and to make them as httle as possible ready or patient to bear their suffering." Mr. Shaw's motion, after a fierce debate, was rejected by a majority of 216 to 66. A few days later Mr. Shaw asked the Irish Secretary whether the Government intended to do anything for Land Reform, in the direction of extending to the rest of Ireland the security enjoyed in Ulster. Mr. Lowther rephed that to extend the Ulster custom as proposed would be pure and undiluted confiscation. He added that the Land Laws had nothing to do with the state of dis- tress in Ireland. A Relief Bill was introduced early in the Session by the Government, authorizing the advance of a miUion out of the surplus funds of the Disestabhshed Church for loans to Irish landowners, on favourable terms, to be expended on works providing for the employment of labour. The Bill led to protracted debate. In the course of it a clause was inserted enabhng Boards of Guardians to relax the rigid provision as to outdoor rehef. Mr. Hugh Law, an eminent lawyer, later Solicitor-General for Ireland in Mr. Gladstone's Government, succeeded in inducing the Government to agree to a clause niodifying the landowners' rights as regarded evictions in cases 96 GLADSTONE AND IRELAND where they borrowed money under the Rehef Act. But this clause, so eminently just and expedient under the existing conditions of Ireland, was rejected by the House of Lords. The Irish Secretary, Mr. James Lowther, throughout these discussions showed a harsh and cynical attitude to Irish questions. In answer to a deputation suggesting a distribution of seed potatoes to the poorer tenants, he said that what Ireland needed was grass seed, hinting by this that more land should be devoted to grazing purposes — a measure which would obviously entail a further depopulation of the country. No more uns5mipathetic statesman ever filled the post of Irish Secretary. Before, however, he could do more mischief his official career was brought to an end by the sudden determina- tion of the Government in April, 1880, to dissolve Parliament. The favourable result of two by-elections had led them to believe that public opinion was in their favour and that the opportunity was a favourable one for an appeal to the electors. CHAPTER X THE BIRTH OF THE LAND LEAGUE THE year 1879 was memorable in Ireland for the commencement of an agrarian agitation, and for the foundation of the Land League, which played so great a part in the next three years. The country was ripe for such a movement, owing to the grave distress of agri- culture, and to the failure of the Government to hold out any hope of a remedial measure for the protection of the tenants. ParneU took no part in the discussion on this subject in the House of Commons during this Session. After his great and successful fight on the Army Discipline Bill, he was mainly occupied in attending public meetings in Ireland on the Land question. He appears to have hesitated for some time whether to advocate legislation for fixity of tenure and judicial rents, or the creation of a peasant proprietary, by means of State loans, and the expropriation of landlords by purchase. In 1878 he had paid a visit to the west of Ireland, and for the first time, as later he told the Special Commission, became aware of the misery of its people. He drove for miles through rich grazing land, without meeting any one, though he saw the ruins of many houses, while in other parts he found a dense population living, from hand to mouth, on holdings quite insufficient to support life. He began, he said, to think that a measure for merely fixing rents would be insufficient. Later in 1878 Michael Davitt returned from America and commenced an active agitation on the Land question in the west of Ireland. He advocated the extinction of land- lords, and the adoption of a scheme of land nationalization. Taking advantage of a case of gross hardship on a property at Irishtown, in Mayo, which had recently come into possession 7 97 98 GLADSTONE AND IRELAND of a Catholic priest, Canon Burke, and where the tenants were threatened with wholesale eviction, for non-payment of large arrears of excessive rents, he summoned a meeting there to protest against the evictions, to demand a reduction of rents, and to denounce the whole system of landlordism. The meeting was an immense success. Upwards of 7000 persons were present ; 600 mounted farmers acted as a bodyguard to the speaker. Many advanced land reformers attended the meeting. Very strong speeches were made. " Down with landlordism," " The land for the people," were the watchwords of those present. Resolutions were passed demanding an immediate reduction of rents in Mayo, and the ultimate expropriation of landlords. The immediate result of the meeting was the announcement by Canon Burke, within a few days, that his rents would be reduced by 25 per cent. These reduced rents were, later, still further reduced by the Land Commission, under the Act of 1 88 1, by 40 per cent — showing that the tenants had very strong ground for their complaints. The result of the meeting, the first of its kind, aiming at a reduction of rents, through the pressure of public opinion, was enormous. The Irishtown meeting has always been con- sidered as the commencement of the new agitation, of a revo- lutionary character, for the extinction of landlordism. It was the more important, as the meeting was immediately directed against the action of a Catholic clergyman. Warn- ings were given from their altars by many priests in Mayo against the holding of such meetings, " called by irresponsible people and showing disrespect to priests." Undeterred by this, and influenced by the prospect of obtaining reductions of rent in this way, meetings of the same kind were soon multiplied in the County of Mayo. Pamell appears to have been greatly interested by the accounts of these meetings. He had many conversations on the subject with Davitt, who pressed him to take a leading part in this new movement. Eventually Parnell promised to attend a great meeting at Westport, in Mayo. The meeting was discouraged by the priests of that district, and was openly and fiercely denounced by Dr. McHale, the veteran Archbishop of Tuam, the bosom friend and colleague of O'Connell in the Repeal movement, and who exercised immense influence throughout Ireland. BIRTH OF THE LAND LEAGUE 99 "Against such combinations in the diocese," the Archbishop wrote, " organized by a few designing men, who instead of the well-being of the community, seek only to promote their personal interests, the faithful clergy will not fail to raise their warning voice, and to point out to the people that unhallowed combinations lead invariably to disaster, and to the further riveting of the chains, by which we are unhappily bound as a subordinate people to a dominant race." In spite of this episcopal manifesto, Parnell addressed a great meeting at Westport on June 8th, 1879. Eight thousand people were present. This speech was a momentous one. " I am one of those," he said, " who beheve that the institution of landlords is not a national institution in the country. I believe that the maintenance of the class of landlords in a country is not for the greatest benefit of the greatest number. Ireland has suffered from them more than any other country. In Belgium, Prussia, France, and Russia the land has been given to the people — in some by the iron hand of revolution ; in others, as in Prussia, landlords have been purchased out. If such an arrangement could be made, without injuring the landlord, so as to enable the tenant to have the land as his own, and to cultivate it as it ought to be, it would be for the benefit and prosperity of the country. I look to this as the final settlement of the question. But meantime it is necessary to ensure that as long as the tenant pays a fair rent he shaU be left to enjoy the fruits of his industry. A fair rent is a rent which the tenant can reason- ably pay according to the times, but in bad times the tenant cannot be expected to pay as much as in good times, three or four years ago. Now what must we do in order to induce the landlord to see the position ? You must show the landlords that you intend to hold a firm grip on your homesteads and lands. You must not allow yourselves to be dispossessed as you were m 1848. You must not allow your small holdings to be turned into larger ones. I am not supposing that the landlords will remain deaf to the voice of reason, but I hope that they may not, and that on those properties on which the rents are out of proportion to the time, a reduction may be made and that immediately. If not, you must help yourselves, and the pubhc opinion of the world will stand by you and support you in your struggle to defend your homesteads. If we had the farmers of 100 GLADSTONE AND IRELAND Ireland the owners of the soil we should not be long in getting an Irish Parliament." Parnell spoke later at Limerick and Tipperary in much the same sense. Indeed, at the former place on August 31st his language was stronger. The bad season had already made it certain that the harvest would be a complete failure, and that the pressure on the small farmers would be very great. " It is the duty of the Irish tenant farmers," he said, " to combine among themselves and ask for a reduction of rent, and if they get no reduction of rent, then I say it is the duty of the tenants to pay no rent." At Tipperary on September 21st he again enforced his advice to farmers to keep a firm grip on their homesteads and to show a determined attitude to the landlords. These speeches, and especially the remarkable one at Westport, made an epoch in the Land question, and must be judged of by the light of subsequent events. At the time they appeared to most people in England to be revolutionary and dangerous, if not illegal, in a very high degree. But what Parnell then recommended has since been carried out almost in its entirety, after long years of agitation and suffering in Ireland. But for the agitation, which Parnell then initiated, it must be admitted that these great changes would never have been effected. It may be that these great and revolution- ary results were not achieved without much of most repre- hensible violence. But impartial historians must look broadly at results, and compare them with the original policy laid down. They must make allowances for much that occurred in the course of the movement which led to such results. Measured and judged in this way, Parnell must be held to have shown most remarkable prevision, when he made the speech at Westport which has been quoted. In September Parnell was again urged by Davitt to join in expanding the Land League of Mayo into a National League for the whole of Ireland. He hesitated for some time to do so. In his evidence before the Special Commission in 1888 he thus described his motives in consenting to do so : " Mr. Davitt was very anxious that the Land League should be formed, and that the tenants should be supported by an agrarian movement. I had in my mind advice given to me by Mr. Butt, two or three years previously, when I pressed upon BIRTH OF THE LAND LEAGUE 101 him the extension of the Home Rule movement, by the formation of branches throughout the country. He said, looking at it from a lawyer's point of view, that we should be made responsible for every foolish thing done by the members of the branches. I was rather disinclined to entertain the idea of the formation of an extensive agrarian movement on account of the caution which I received from Mr. Butt. But ultimately I saw that it was necessary to take the risk. . . . Mr. Davitt spoke to me with regard to the desirability of a combined social and political movement, a movement which would interest the tenant farmers by directing attention to their condition, and proposing remedies for their rehef, and a movement which, at the same time, would interest the Irish nation, at home and abroad, in the direction of the restitution of an Irish ParHament." He finally consented to take the leading part in forming a National Land League for Ireland, upon the understanding that the platform put forward should be such as could be advocated as freely in the House of Commons, as on the platform in Ireland. Invitations were accordingly sent out, in his name, to the leading men interested in Land Reform, for a Conference at the Imperial Hotel, Dublin, on October 2ist, for the purpose of forming a Land League Association for appealing to Irishmen abroad, and especially in America, for assistance, in forwarding land agitation in favour of the ownership of the soil by the occupier, and also for the purpose of upholding the tenants, during the present terrible season, by the promotion of organization. Parnell moved the principal resolution : " That the objects of the League can best be attained by promoting organization among the tenant farmers, and defending those who may be threatened with eviction for refusing to pay exorbitant rents ; by facilitating the working of the Bright Clauses of the Land Act of 1870 during the winter ; and by obtaining such a reform m the laws relating to the land as will enable any tenant to become the owner of his holding by paying a fair rent for a limited number of years." He was appointed President of the League, and he was requested to visit the United States in company with Mr. Dillon, who had already gained distinc- tion on the platform, as a Land Reformer, for the purpose 01 inviting assistance to the League, and contributions 102 GLADSTONE AND IRELAND toward the relief of distress in Ireland due to the bad seasons. The Land League thus formed was largely in the hands of extreme men in sympathy more or less with Fenians. Mr. Biggar and Mr. Patrick Egan were its honorary treasurers. Mr. Davitt, Mr. Kettle, and Mr. Brennan were honorary secre- taries. Land League meetings were organized throughout Ireland, at which language at least as strong as, and not un- frequently stronger than that of Pamell was used. For speeches at Gurteen, in Sligo, closely resembling that of Parnell at Westport, Davitt, Daly, and Kettle were arrested by the Government, and were brought before a magistrate and charged with sedition and seditious language. The magistrate, after some days of inquiry, committed them for trial at the Assizes in Sligo. When the Assizes came on the Government, finding that there was no prospect whatever of obtaining a verdict against them, changed the venue to Dublin. Eventually the prosecutions were dropped, just before the General Election. The only effect, therefore, of these abortive proceedings was to give wide advertisement to speeches, which would otherwise not have been published in any but the local papers, and to show that, under the existing law, they could be delivered with impunity. They had the effect also of postponing the visit of Parnell to America. To go there, while these prosecutions were pending, would look like running away from the post of danger. Remaining in Ireland, he addressed numerous meetings in the same tenor as the speech delivered at Gurteen. At a meeting at Liverpool he repeated the very speech for which Davitt was prosecuted, and challenged the Government to bring him before an English jury. They refrained from doing so. It was not till November 21st, 1879, that PameU found himself able to embark with Dillon on their American tour. The mission was a very great success. It aroused the greatest interest in every part of the United States. On their arrival at New York, they were met by a deputation of 300 gentlemen, including senators, judges, merchants, and authors, and Pamell addressed a meeting of 8000 persons. He said that the object of the mission had been modified by the pressure of events, and the increasing distress in Ireland, caused by the failure of crops. It was their original intention to address the BIRTH OF THE LAND LEAGUE 103 people in the States on behalf of the political organization, newly created, for the purpose of Land Reform, but the course of events had compelled them to abandon the original inten- tion. They now proposed to open two funds, one for the relief of distress in Ireland, the other for the purely political purpose of forwarding their organization. They would be kept wholly distinct. In this view meetings were held in every part of the States, and were everywhere attended by thousands, including many leading men of the districts. At Brooklyn the eminent divine Mr. Ward Beecher spoke on their behalf. At Boston Mr. WendeU PhiUips, the great anti-slavery leader, was present. " I came here," he said, " as you have done, from a keen desire to see the man that has compelled John Bull to listen. Half the battle is won when the victim forces his tyrant to hsten, gains his attention, and concentrates on his wrongs the thought of Christendom and the civilized world." At Washington the very rare honour was conferred on Parnell of inviting him to address the House of Representatives. Lafayette and Kossuth had been among the few privileged in this way. Parnell, on being called before the Assembly, made a very judicious and moderate address. " We do not seek," he said, " to embroil your Government with the Government of England, but we claim that the public opinion and sentiment of a free country like America is entitled to find expression whenever it is seen that the laws of freedom are not observed. . . . The most pressing question in Ireland is at the present moment the tenure of land. . . . Many of us, who are observing the course of events, believe that the time is fast approaching when the artificial and cruel system of land tenure prevailing in Ireland is bound to fall, and be replaced by a more natural and a more just one. . . . The remedy we propose for the state of affairs in Ireland is an alteration of the land tenure previously there. We propose to imitate the example of Prussia and other countries where the feudal tenure has been tried and found wanting and abandoned, and we propose to make or give an opportunity to every tenant occupying a farm in Ireland to become the owner of his own farm." After referring to Mr. Bright 's proposals in this direction, he said : " The radical difference between our proposition and that of Mr. Bright is that we think that the 104 GLADSTONE AND IRELAND State should adopt the system of compulsory expropriation of the land, whereas Mr. Bright thinks that it might be left to self-interest and the force of public opinion to compel the landlord to sell." Nothing was said in this speech of Home Rule, still less of the independence of Ireland. He was more expansive as to his ultimate views at other places. At Cincinnati on February 23rd he was reported to have said : " When we have given Ireland to the people of Ireland we shall have laid the foundation upon which to build up our Irish nation. The feudal tenure and the rule of the minority have been the corner-stone of English misrule ; pull out that corner-stone, break it up, destroy it, and you undermine English misgovernment ; when we have undermined English misgovemment we have paved the way for Ireland to take her place amongst the nations of the earth, and let us not forget that is the ultimate goal at which all we Irishmen aim. None of us, whether we are in America or Ireland, or wherever we may be, will be satisfied until we have destroyed the last link which keeps Ireland bound to England." Pamell, before the Special Commission of 1888, when questioned as to this passage, said that it was improbable that he had used the expression as to " severing the last link with England," and that if he did it must have been " quahfied with other matters, as it was entirely opposed to anything he had ever thought or said." The Commission did not accept his disclaimer. They found that he had spoken these words. It is to be observed that the Special Commission did not include Parnell's name among those against whom they found that the charge of conspiring to bring about a separation between England and Ireland was established. The sentence in the Cincinnati speech as to " the last link " is the only one of the kind which was detected out of many hundreds of speeches. It was distinctly opposed to the general tenor of ParneU's speeches and policy. At the conclusion of his tour of meetings in the United States Parnell went to Canada, leaving Dillon behind him. He was joined in Canada by Mr. T. M. Healy, then a clerk in a London warehouse, but who had earned distinction as a writer in The Freeman's Journal. Parnell, who had come across him, was BIRTH OF THE LAND LEAGUE 105 impressed by his ability, and now telegraphed to ask his assistance as secretary. Mr. Healy commenced in this way his political career which has been so distinguished, if at times somewhat erratic. He took part with Parnell in meetings in Canada, but within a short time they were recalled to England by the sudden announcement of the Dissolution of Parlia- ment. CHAPTER XI THE GENERAL ELECTION, 1880 ON March 8th the announcement was made that the six-years-old Parhament of 1874-80 was to be imme- diately dissolved. On the next day Lord Beaconsfield issued a manifesto, in a letter to the Lord-Lieutenant of Ireland, in which the attempt was made to draw off the attention of the electors from the Foreign policy of the Govern- ment and other issues, and to present disaffection in Ireland, and the demand for Home Rule, as the main, if not the sole, issue at the coming General Election. " A danger," it said, " in its ultimate results scarcely less disastrous than pestilence and famine, and which now engages Your Excellency's anxious attention, distracts Ireland. A portion of its population is endeavouring to sever the con- stitutional tie which unites it to Great Britain in that bond which has favoured the power and prosperity of both. It is to be hoped that aU men of light and leading will resist this disastrous doctrine. . . ." This turgid manifesto missed fire. It met with no response from the country. In a counter address to his constituents Lord Hartington, who stiU led the Liberal Party in the mori- bund House of Commons, wrote : " I know of no party which challenges the expediency of the Imperial character of this realm. . . . No patriotic purpose is gained by the use of language of exaggeration in describing the Irish agitation for Home Rule. I believe the demand to be impracticable. . . • I have consistently opposed it in office and in opposition, and I shall continue to oppose it. The agitation has existed during the whole of the continuance of this Parliament. It has been treated by the Government, till now, if not with indulgence, with indifference. . . . The agitation must be met, not by passionate exaggeration, but by firm and consistent resistance, 106 THE GENERAL ELECTION, 1880 107 combined with the proof that the Imperial Parliament is able and wiUing to grant every reasonable and just demand of the Irish people for equal laws and institutions." Mr. Gladstone, on his part, in an address to the electors of Midlothian, wrote : " Those who endangered the Union with Ireland were the party that maintained there an ahen Church, an unjust Land Law, and franchises inferior to our own ; and the true supporters of the Union are those who uphold the supreme authority of Parliament, but exercise that authority to bind the three nations by the indissoluble ties of liberal and equal laws." The only result of Lord Beaconsfield's move, which by the light of subsequent events must now be considered to have been premature, rather than wholly wanting in justification, was to draw from the Irish Home Rule Association of Great Britain a counter manifesto, drawn up by Mr, O'Donnell, calling upon aU Irish electors, " in the presence of the atrocious and criminal manoeuvres which had been attempted, to vote against Benjamin Disraeli, as the mortal enemy of their country." It urged that no pledges should be asked of Liberal candidates. In deference to this instruction from the Home Rule head-quarters, the large number of Irishmen, who were quahfied as electors in Great Britain, voted for Liberal candi- dates. They formed a most important factor in the rout of the Tory Party. Ireland, for all other purposes, dropped out of the political controversy in Great Britain. The elections in Great Britain turned wholly on the misdeeds of the Tory Government during their six years of office, and especially on their aggressive and militant policy in every part of the world. Mr. Gladstone, in his great Midlothian campaign, during which he made sixteen important speeches, devoted himself wholly to these topics, and hardly mentioned the subject of Ireland. No promise whatever was held out to the Irish people of Land Reform. As a result, the elections in Great Britain were largely determined by these efforts of the Leader of the Liberal Party, and nearly loo seats were won from the Tory Party, making a difference of about 200 in the relative strength of the two parties. It was very different in Ireland. There the elections turned wholly on the Land question. Home Rule itself became a 108 GLADSTONE AND IRELAND subordinate issue for the time being. The electors took no interest whatever in Imperiahsm, and the aggressive Foreign and Colonial policy of Lord Beaconsfield's Ministry. The only question was the extent to which Land Reform should be carried. There was an almost universal demand for a radical amendment of the Land Act of 1870. In Ulster, quite as much as in the west of Ireland, there was profound dissatis- faction with the results of that Act. While it had purported to recognize and give validity to the Ulster custom, it had failed to secure the tenants from the raising of rents, such as to expropriate the tenants' interest in their holdings. Still less did it provide for a reduction of rent, which a fall of prices made necessary, if the tenants' interest was not to be swallowed up by the landlord. The Ulster tenant farmers, therefore, with one voice, demanded a more complete protection, and the legalizing of their custom by the judicial determination of rent. So strong was this demand that the Tory landowners' candidates for County constituencies in Ulster were compelled to support it. Lord Castlereagh, now Lord Londonderry, who was candidate for County Down, obtained and pubhshed a written promise from Sir Stafford Northcote that, in the event of the Government being maintained in power after the General Election, it would legislate on the land question in accordance with the demands of the Ulster tenants. In the rest of Ireland there was also unanimity as to the necessity of a measure securing the three F's, that is, fixity of tenure, fair rents to be determined by a legal tribunal, and free sale of the tenants' interest. But in many constituencies the electors took up a more advanced demand for the extinction of land- lordism, on the hues indicated by Pamell's speeches, namely, the purchase by the State of the landlord's interest, based on rents not higher than the Poor Law valuation. Pamell, suddenly recalled from Canada by the Dissolution of Parliament, displayed enormous activity in the elections. He rushed about Ireland addressing meetings in favour of his candidates. He seemed to be equally concerned in opposing and defeating moderate Home Rulers who followed Mr. Shaw, especially if they were landowners. He was returned himself for three constituencies, the two Counties of Meath and Mayo, and the City of Cork. He elected to sit for Cork, where he THE GENERAL ELECTION, 1880 109 was returned at the head of the poll by a majority of 200 above the Tory candidate, and 500 above the two Whigs, who were supported by the Cathohc Bishops and clergy and by most of the business men of the city. Pamell was largely, if not mainly, responsible for the selec- tion of candidates in other constituencies. They were mostly young men, quite unknown to fame, or to the constituencies where they came forward ; but they abundantly justified the selection. Among them were John Dillon, elected for Tipperary County in spite of his absence in the United States ; Thomas Sexton, for Shgo (County) ; John Redmond, for New Ross ; T. P. O'Connor, for Galway (City) ; James O' Kelly, for Ros- common ; Arthur O'Connor and Lalor, for Queen's County ; T. D. Sullivan, the poet of the National cause and joumahst ; Richard Power and Leamy, for Waterford ; Barry, for Wexford. Of those in the previous Parliament O'Connor Power, A. M. Sullivan, O'Donnell, Biggar, and Dwyer Gray were again returned. Not less remarkable than the return of these men was the fact that they defeated so many of the old and respected Liberal Members. Most of the Members representing landlord interest, whether Whig or Tory, outside of Ulster, were rejected. Many more seats would probably have been won by Pamell and the Land League, if there had been more time to organize, and more money at their disposal. Their only resource appears to have been the sum of £2000 borrowed from the funds of the League, which could not by their rules be devoted to such a purpose. The success of the party was the more remarkable as the priests were generally opposed to them. Archbishops McHale, of Tuam, and McCabe, of DubUn, pubhshed violent manifestos against the Land League. As a result of Pamell's efforts his seven supporters in the defunct Parhament were in- creased nearly sixfold in the new one, mainly by newly elected men, but in part by the accession to his party of Members hitherto followers of Mr. Shaw. Of the 103 Members for Ire- land in the new Parhament, the Tory Party returned only 26 ; 15 of the remainder were pure Whigs not committed to either section of the Home Rule Party, representing Ulster con- stituencies or small Boroughs elsewhere. The Home Rule followers of Mr. Shaw numbered no more than 22, and the 110 GLADSTONE AND IRELAND residue (39) were to be relied on as members of the new party led by Pamell. As soon as the results of the elections, as a whole, were made known. Lord Beaconsfield tendered the resignation of his Government to the Queen. The Queen then invited Lord Hartington to form a Government, but it was obvious that no Liberal Government could be' formed without Mr. Gladstone, who had been the main agent in bringing about the fall of the previous Government. He could not be a member of a Govern- ment, except in the position of its Chief. After a brief con- sultation with some of his political friends. Lord Hartington found himself unable to comply with the Queen's invitation. Her Majesty thereupon, but very unwiUingly, committed to Mr. Gladstone the charge of again forming a Government. The new Cabinet was quickly constructed. It consisted of fourteen members, a small number compared with more recent Cabinets. Mr. Gladstone gathered round him most of his old colleagues, with the inclusion of Mr. Chamberlain, as a single representative of the new Radicalism. The Cabinet did not contain a single Irishman, or any one who was in sympathy with Home Rule, or with the new demands for Land Reform in Ireland. Lord Hartington, generously oblivious to his claims to the Premiership, arising from the fact that he had led the Liberal Party with conspicuous ability for five years, after the retire- ment of Mr. Gladstone in 1875, was content to take the post of Secretary of State for India. Mr. W. E. Forster, who was almost his equal in status in the Liberal Party, and who might well have expected to be one of the principal Secretaries of State in the new Ministry, accepted the post of danger and difficulty, that of Chief Secretary for Ireland. Mr. Forster had served in Mr. Gladstone's previous Government of 1869-74 as Vice-President of the Council, the virtual head of the Education Department, and in that capacity had carried through the House of Commons three of the most important measures of that Ministry so famed for great legislative work : the Endowed Schools Act, the Education Act, and the Ballot Act. He had impressed himself greatly on the House of Commons, in the conduct of these measures, and by his administrative capacity. He was a powerful, if not a polished, speaker, fearing neither foes nor friends. He had shown in the Education BiU that THE GENERAL ELECTION, 1880 111 he was ready to take his own line in the interest of the whole community, against the extreme men of his own party, and to risk his popularity with the Nonconformists. It was known that in early life, during the great famine of 1847-8, he had paid visits to Ireland, and had administered charitable funds raised by the Society of Friends, of which he was then a member, among the starving peasantry of the south and west of Ireland, and had formed a strong opinion as to the miserable condition of the tenantry there, and the necessity for land reform. It was doubtless thought by Mr. Gladstone that he had that mixture of strength and sympathy which specially fitted him for the Irish post. Public opinion in England unanimously ratified the appointment. He did not covet the position. He took it as a soldier would take orders from his chief to go under fire. The post of Chief Secretary for Ireland, thus conferred on Mr. Forster, was the more conspicuous and important from the fact that the new Lord-Lieutenant, Lord Cowper, an orthodox Whig of the older type, was not to have a seat in the Cabinet, and consequently the Chief Secretary, with Cabinet rank, though officially subordinate, was practically in supreme command in the Irish Office. Mr. Bright became Chancellor of the Duchy of Lancaster, a position which involved but little real work, and left him free to advise in the Cabinet, and to take part in important debates. Mr. Chamberlain was Presi- dent of the Board of Trade. ^ Nothing was decided, on the formation of the Cabinet, as to Irish pohcy. The subject of land reform, however important in Ireland, and however unanimously demanded by members of all parties in that country, was never even mentioned at this early stage of the Government. I may mention, as matter of personal reminiscence, that, since the conclusion of my Committee on the Purchase Clauses of the Land Act of 1870, 1 had kept in touch with many of the principal witnesses from Ireland, who had given evidence before it, and who had helped me in the inquiry. I had arrived at the conviction that my proposals as to land purchase, and the conversion of tenants into owners, however desirable and beneficial in the long run, were quite inadequate to meet the agrarian crisis in Ireland, and that nothing short of the adop- ^ I was myself appointed Secretary to the Admiralty in the new Govem- nient, a post rather out of the stream of contentious poUtics. 112 GLADSTONE AND IRELAND tion of the three F's could suffice to meet the just claims of the tenants. I represented my views to Mr. Forster on his appoint- ment as Irish Secretary. I urged the importance, and indeed the necessity, of deaUng with the Irish land question imme- diately on the meeting of Parliament. I pointed out that Irish opinion had expressed itself at the General Election unanimously in favour of the three F's, and that there could be no stronger or safer basis for legislation than the declared opinion of the electors. I said that, looking at the state of Ireland, it was almost certain that if legislation was delayed, the agitation there would be aggravated, and that exceptional measures for restoring order would be forced upon the Govern- ment, and that coercion would again, as so often in the past, have to take precedence of remedial legislation. I maintained that the clear and certain lesson to be drawn from Irish history was that by applying coercion before a great remedial measure the effect of the latter was seriously impaired, and that at least half its value was lost ; and that, on the other hand, a remedial measure, if applied at once, in answer to the constitutional demands of the electors, might make it possible to dispense altogether with coercion. Without committing himself to any specific proposal, Mr. Forster appeared to be impressed with the expediency of pressing at once whatever legislation could be conceded. He said that he would speak to Mr. Gladstone on the subject, and he asked me to represent my views in that quarter. I took an early opportunity of doing so. I found that Mr. Gladstone was quite unprepared for so radical an amendment of his Land Act of 1870, but he admitted that whatever could be done in the way of Land Reform would best be done at once. A few days later he told me that he had consulted Mr. Hugh Law, the newly appointed Solicitor - General for Ireland, as to immediate legislation on the Land question, but had been met by the assurance that it would be quite impossible to frame a measure, whatever direction it might take, within a reasonable time, so as to present it to Parliament and carry it in the Session of 1880. Mr. Forster told me that he had arrived reluctantly at the same conclusion. In any case the Government decided not immediately to deal with the subject. It met the new ParHament without any such measure, and without any definite promise of one in the future. THE GENERAL ELECTION, 1880 118 I have always thought that this was an initial error of the new Government, of a most serious character, the cause of many and grave difficulties. In an Irish Parliament, there cannot be a doubt, in view of the practical unanimity of the electors, that a measure of land reform would have been decided on, and that some lawyer would have been found equal to the task of framing it. But even if a full measure of reform could not have been devised in time for legislation in the coming Session, it would have been wise policy to have provided a temporary measure, with the object of putting a stop to evictions, and of allaying the agitation. As it was, the Government met the Irish Party in the new Parliament without any land pohcy, and was soon compelled, at the instance of the extreme section of the Irish Party, to frame a temporary measure. They had the appear- ance, therefore, of conceding to pressure of the extremists, what should have been freely recognized as necessary to meet the emergency in Ireland. Another early error of Forster, as it seemed to me, at least, as serious as the above, was that from the very first he assumed a position of antagonism to PameU and his party in the House of Commons. He appeared to consider them as beyond the pale of responsible pohticians. He refrained from having any communication with them. It was still thought in official circles that Shaw and his supporters were the true representatives of Irish opinion. But, in fact, Pamell had already ousted Shaw from this position. On the meeting of Parhament the former was elected Leader of the Irish Party in preference to Shaw, and after accepting the position he was faithfully followed by 38 members, while the other 22 members of the old party held aloof with Shaw, and soon ceased altogether to be counted as members of a Home Rule party. This cleavage of the Irish Party in the House of Commons was accentuated by the fact that Pamell and his 38 followers took their seats in the House of Commons on the benches opposite to those of the Government, while Shaw and his smaller band of followers sat on benches on the Ministerial side of the House. There could be no stronger evidence of the break of unity of the Irish Party. Thencefor- ward Shaw's influence waned. His party was disintegrated, and at the next General Election it completely disappeared^ CHAPTER XII THE COMPENSATION FOR DISTURBANCE BILL THOUGH the Speech from the Throne at the opening of the Session of 1881 was silent as to Land Reform, it promised to Ireland a measure for assimilating its Borough franchise to that in England, and it announced the intention of the Government not to renew the Coercion Act of their predecessors, which was to expire on June ist. This could not be expected to content the Irish Members. Mr. O'Connor Power, on behalf of the party led by ParneU, moved an amend- ment to the Address to the effect that the condition of Ireland required the immediate attention of the Government, in order to secure to the tenants of land the fruits of their industry. He was supported by Pamell in a vigorous speech which described the terrible condition of the tenants in the west of Ireland. Mr. Shaw followed on behalf of his section of the Irish Party, presenting himself as the moderate politician, compared with his more extreme rival, though substantially his story and his claim were much the same. Mr. Forster pleaded as an excuse for the Government, in not deaHng at once with the subject, that it had been quite impossible, in the short time since the accession of the new Government, to come to a decision, or to frame a measure, on so difficult a subject. He announced, however, the immediate appointment of another Royal Commission, to report on the grievances of the tenant farmers of Ireland, and their claim for fixity of tenure, and he expressed the confident hope that its report would be ready for legislation in the following Session. His plea for delay was generally admitted by the Irish Mem- bers ; but they insisted that some immediate and temporary measure was needed to save the tenants from the peril of evictions, which were already being cruelly carried out, or 114 COMPENSATION FOR DISTURBANCE 115 were threatened. " If," said Pamell, " in consequence of the delay caused by the Chief Secretary requiring time to con- sider the subject, thousands of tenants run the risk of being driven from their holdings, the Irish Members may fairly ask the Government to give them the benefit of some temporary measiue." There was no response from the Government to this very reasonable appeal. A Bill was therefore introduced by the Irish Party to amend the grave defect in the compensation clause of the Land Act of 1870, by undoing the work of the House of Lords, and by providing that compensation should be paid in all cases of eviction, even in the case of non-pa5anent of rent.^ The BiU, by some chance, escaped the notice of opponents, and came on for discussion at a very late hour of the night. Mr. Forster, after some hesitation, promised, on behalf of the Government, to deal with the subject by a clause in a Bill for the further pubhc relief of distress which he had already introduced. Strong objection was raised by the Opposition to this course, and ultimately the Government consented to introduce it in a separate Bill. The measure, entitled Compensation for Disturbance Bill, dealt with the subject in a much more halting manner than the Bill of the Irish Party. It was limited to the half of Ireland where the main distress existed. It excluded Ulster. It was to be in force only till the end of the current year. It was to apply only to tenancies rented at ^^30 a year. Subject to these hmitations, tenants, who were imable to pay full rent, by reason of the two last bad harvests, and who were wilhng to continue their tenancies, on just and reasonable terms, as to rent or otherwise, in the event of such terms being imreasonably re- fused by their landlords, were to be entitled, on eviction, to the compensation payable under the Act of 1870. Judged by subsequent legislation, the Land Act of 1881, the Arrears Act of 1882, and subsequent amending Acts, this proposal of the Government was moderate in the extreme. It met, however, with the most determined and prolonged opposition in the House of Commons, and was rejected with contumely by an * I was at this time on friendly terms with Pamell. He consulted me 35 to a Bill which he contemplated for suspending evictions altogether for two years. I suggested to him the much more moderate course which he adopted in Mr, O'Cormpr Power's BiU, 116 GLADSTONE AND IRELAND overwhelming majority of the House of Lords. It caused a serious defection in the Liberal Party. Lord Lansdowne, the owner of large estates in Ireland, who had joined the Govern- ment as Under-Secretary of the Home Department, resigned his post on account of this Bill, and commenced a new career, which led him ultimately to the Leadership of the Tory Party in the House of Lords. The measure was assailed as one of pure confiscation, and as interfering with contracts between landlords and tenants. Many of the Whig Members joined in the attack. Mr. Forster made a powerful defence of the Bill. He showed the great increase of evictions in Ireland. Defending himself for not having brought in the Bill at the commencement of the Session, he said : " We did not do so because we hoped that we might put off legislation until we had all the facts before us, and knew how the Land Act of 1870 was working. It may be said. Why, then, have you brought it in now ? Well, for this reason, that we could wait no longer. Facts are accumulating upon us. Evictions have increased and are increasing. I have here the figures as to the evictions which the constabulary have had to conduct. They are not aU that have been effected, only those in which the aid of the constabulary has been required, and I deduct from them all the cases where the evicted tenant has been readmitted as caretaker. This last, moreover, has nothing to do with process- serving. The average of evictions for the five years ending 1877 was 503 for each year. In 1878 the number was 743. In 1879 it was 1908, and up to June 20th of the present year it was 1073. During these few months also upwards of 15,000 notices of eviction had been served. ..." The evictions, he said, had to be supported by large bodies of police. In the West Riding of Galway alone, upwards of 3000 police were engaged in protecting process-servers, and 600 in carrying out evictions. In many cases 100 pohce were in- sufficient to protect a single process-server ; upwards of 200 were required to protect a single eviction. He desired the passing of the Bill in the interests of law and order and for the preservation of peace in Ireland. In any case, he said, the law would be enforced. One of the ablest speeches on behalf of the Bill was that of Lord Hartington, who, as an Irish landowner, might have COMPENSATION FOR DISTURBANCE 117 been expected to be frightened by the tendency of the legis- lation, and who, in the Cabinet, had strongly opposed the measure. " The Bill," he said, " was but the logical sequel of the Land Act of 1870. In some parts of Ireland the impoverished circumstances of the tenants have placed in the hands of the landlords a weapon which the Government never contemplated, and which enables the landlords to clear the estate of hundreds of tenants whom, in ordinary circumstances, they would not have been able to remove except by a heavy pecuniary fine. I ask whether that is not a weapon calculated to enable land- lords absolutely to defeat the main purposes of the Act. Supposing a landlord wishes to clear the estate of a number of small tenants ; he knows that this is the time to do it, and if he should lose the opportunity he can never have it again without great pecuniary sacrifice."^ Mr. Gladstone threw himself into the struggle for the Bill with his accustomed ardour. In one of his speeches he made use of the historic expression that eviction was to the small tenant in Ireland equivalent to a sentence of death. " In the failure of the crops," he said, " caused by the year 1879, the act of God has replaced the Irish occupier in the condition in which he stood before the Land Act of 1870. Because what has he to contemplate ? He has to contem- plate eviction for his non-payment of rent and, as a conse- quence of eviction, starvation. It is no exaggeration to say that in a country where the agricultural pursuit is the only pursuit, and where the means of the payment of rent are entirely destroyed for a time by the visitation of Providence, the poor occupier may, under these circumstances, regard a sentence of eviction, coming for him, very near to a sentence of death." 2 I took part myself in the debate and showed that under the Roman Law the most just and complete code which had ever, in the world's history, been framed, when some unexpected calamity occurred, which made the payment of full rent for the year impossible, the tenant was reheved of the payment I was sitting next to Lord Hartington while he spoke. When he sat down I said to him that his speech for the Bill could not have been better. I^tope," he grimly replied, " it persuaded others. It did not persuade me." Hansard, 253, p. 1003. 118 GLADSTONE AND mELAND of one-half of it. This had been followed by the codes of almost every country in Europe, except that of our own. In England it had been held by the Judges, in the time of Charles I, that where land had been devastated of its crops by a force under command of Prince Rupert, and there was no produce out of which to pay rent, yet the full rent, under the terms of the tenancy, was payable. The main opposition of the Tory Party to the Bill was based on a total misconception of the relations of landlord and tenant in Ireland. It was assumed that the relation was that of free contract, as in the case of landlord and tenant in England. It was left out of sight that the tenants in Ireland had an interest in their holdings, universally claimed by Irish opinion, and practically admitted by the Act of 1870. " The measure," said Mr. Plunket, " is not a relief Bill, but a political one. As between landlord and tenant it will do the greatest injustice. It is a direct confiscation of the income of one class for the benefit of the other. It will strengthen and confirm the disas- trous agitation in Ireland." "It is the commencement of a war between landlords and tenants," said Lord Randolph Churchill. " If the Bill passed," said Mr. W. H. Smith, " no tenant will pay any rent till 1881. It will shake all confidence." The Bill was read a second time by a majority of 295 to 217. About 20 Liberals voted against it, and not less than 50 abstained from voting. They included many representatives of the old historic Whig families. It occupied the House in Committee for many weeks. Pamell and his followers had supported the second reading. But they soon got into conflict with Forster, and there began that personal antagonism between him and Pamell which was so conspicuous and un- fortunate a feature of the foUowing two years. The Bill, as framed, was on the most moderate lines. Less could not be expected to be of the smallest benefit, or to content the Irish Members. Yet Forster, in the hope of warding off opposition from the Tory Party, offered two concessions of a most serious kind. He proposed to make a further exception to payment of compensation for eviction in cases where the landlords were wiUing to allow the tenants to sell their interest in the holdings ; and he proposed to reduce the class of tenants to benefit from the Bill from those paying rent of £y> a year to £15. Both of these concessions were vehemently opposed by Pamell. He COMPENSATION FOR DISTURBANCE 119 showed, as regards the first of these, that in the then state of Ireland, there were no possible purchasers of small holdings, and that the amendment would reduce the Bill to a nuUity. He attacked Forster, and apphed to him the text, " Un- stable as water, thoa shalt not excel." He had intended to support the Bill, he said, but could not now take the respon- sibiUty of voting for it, or wasting the time of the House. The measure would be useless. After yehement debate, in which Pamell had all the best of the argument, Mr. Gladstone, on behalf of the Government, withdrew in part the amendment, substituting the words " without the offer of any reasonable alternative " for the proposed words " offer to the tenant to sell his interest " — words which, in the view of the Irish leader, were still open to grave objection. The Government were also compelled by the strong opposition of Pamell to withdraw their proposed limitations as to the class of tenant to be dealt with. It was finally read a third time by a majority of 57, considerably less than one-half the normal majority of the Government. The ParneUites abstained from voting, angered by the weakness shown by Forster, and unwilling to admit that the Bill would sufiice as a remedy for the existing perils to tenants in Ireland. In the House of Lords the opposition of the Whigs was fatal to the Bill. Lord Lansdowne made the ablest and fiercest attack upon it. "The Bill," he said, "singles out a particular section of the community, and a special contract into which that section has entered, and it announces with all the solemnity of an Act of Parhament that the Legislature is going to revise the terms of one of the parties to it, so that if that party fails to fulfil its obhgations, the Legislature will shield it from the consequences, which in every civilized society result from a breach of contract. ... It will debauch the conscience of the tenants, and hopelessly extinguish in their minds all self- rehance and honesty. . . . Ireland will be brought within measurable distance of civil war." The Duke of Argyll, who was soon to part company with Mr. Gladstone and the Liberal Party on another Irish Land Bill, on this occasion gave effective support. He showed that whole- ale evictions were taking place in Ireland, under conditions of great hardship. " I have been asked," he said, " whether We know of any cases where the landlords have taken advantage 120 GLADSTONE AND IRELAND of the state of things m Ireland to make wholesale evictions. The Government must speak with reserve, but I must say frankly that there have been cases in which undoubtedly landlords have shown a disposition to make wholesale evictions, for non-payment of rent, when the non-pajnnent was clearly due to the failure of crops." He gave as an illustration the case of a property in Galway where 89 tenants paid an aggre- gate rent of £1370. Notices of eviction were served, and when it was endeavoured to enforce them, they met with great resistance. " You have in this case," he said, " a population of five hundred at the mercy of the landowner, who, under the existing law, can be evicted without one shilling to carry them to America." After a discussion of two days only the Bill was rejected by the Lords on August 3rd by 282 to 51, more than half of the usual supporters of the Government voting against it. Of the many misdeeds of the House of Lords in rejecting Irish Bills passed by great majorities of the other House, and supported by overwhelming majorities of the Irish Members, this was probably the worst, for it was asked for by the Irish Government as a temporary measure, to enable them better to maintain order in Ireland during the coming winter, and with a clear conscience that no injustice was being done, to support the landlords in the collection of their rents. The Irish Government were practically directed by the House of Lords to enforce evictions for non-payment of rent which they knew to be excessive and unjust, having regard to the two bad seasons, and to use all the force at their disposal for the purpose. How was the Government to meet this rebuff by the House of Lords ? Was it to dissolve Parliament at the bidding of the Peers, and to take the opinion of the electors on the Bill ? To do so would be to admit that the House of Lords had the right to compel a dissolution of Parliament, a claim never admitted by any Liberal Government. Would it also be reasonable to submit to the electors of Great Britain a question of land tenure affecting only Ireland, of which they understood nothing and cared less ? An overwhelming majority of the Irish Members had declared in favour of the Bill. Was their opinion to be set aside by a majority of Members for Great Britain ? The majority of the House of Commons had been COMPENSATION FOR DISTURBANCE 121 returned with the special mandate to ovemde and reverse the Foreign and Colonial policy of Lord Beaconsfield's Govern- ment. The new Government had as yet been able to do httle in this direction. Was their new pohcy to be risked by another appeal to the electors on a totally different issue ? The Government rightly decided neither to resign nor to appeal to the electors, but to rub on in Ireland, as best they could, till the next Session, and then to deal with Irish Land Reform on a larger scale. Mr. Forster at first threw out hints that he might be compelled to resign his post, if Irish land- lords should insist on demanding fuU rents, rather than enforce the law on evictions which he knew to be unjust ; but he ultimately decided to struggle on in office through the winter. Resignation would mean desertion of his colleagues. It would compel the Government itself to resign, for no one of his col- leagues could be expected to take his place and carry on the government of Ireland. The position not the less was a most cruel one for him. For the rest of his hfe he spoke with the greatest indignation and impatience of this action of the House of Lords. The sequel showed that the House of Lords were not Unly in the wrong, but that they had done the very worst possible thing for the cause they had at heart. During the next six months evictions and consequent outrages increased enor- mously in Ireland. They compelled legislation in the Session of 1881 far more serious to Irish landlords than that of 1880. If they had passed the Compensation for Disturbance Bill, and it had produced the expected effect of quieting agitation, it may be doubted whether a Land Act, so extreme and revolutionary as that of 1881, would have been adopted by the Government, or would have been passed by Parliament. Later in the Session the House of Lords added to their list of wrongs to Ireland, by rejecting a measure passed by the Commons for assimilating the law for the registration of Irish electors to that of England. Pamell indignantly pressed the Government to tack this Bill to the Appropriation Bill. The Government refused, but Mr. Forster gave a crumb of comfort to the Irish Members for the rejection of this Registration Bill, by the assertion that if such a course were taken often, it would be very difiicult for the two Houses to go on, and the House of Commons might think that some 122 GLADSTONE AND ffiELAND change in the constitution of the House of Lords was desirable and might be necessary. The House of Commons must not forget, he said, that they were representatives of the people, and that the power which the House of Lords had was simply owing to an accident of birth. This seems to have been regarded as a very radical pronouncement in those days. By the light of recent events it would seem to be a very mild one. It remains only to state of this short Session of 1880, that a new party bent on obstruction came into existence in it — the Fourth Party, as it was called, consisting of Mr. Gorst, Sir H. Drummond Wolff, Lord Randolph Churchill, and Mr. Arthur Balfour. In a discussion on obstruction, Lord Hartington pointed out that three members of this small party had made 247 speeches and asked 140 questions, as compared with 152 speeches and 34 questions of the three most active members of the Irish Party. Parliament was not prorogued till September 6th. Nearly the whole of the Session had been expended on Irish questions. The only result, so far as Ireland was concerned, was a Relief Act providing an additional million, by way of loan to land- lords under the Act of the late Government, for the employ- ment of labour in the distressed districts. CHAPTER XIII THE WINTER OF 1880-I THE rejection by the House of Lords of the Compensa- tion Bill speedily produced a most m£dign effect in Ireland. Discontent was everywhere intensified. Agitation became fiercer. Evictions were multiplied. They were resisted with greater determination and violence. Agrarian crimes followed in their wake. Those who took the farms from which tenants had been evicted were assaulted ; their property was damaged, their cattle were maimed. Outrages of all kinds increased in number, and became more brutal in quahty. From the foundation of the Land League, at the Irishtown meeting, in April of the previous year, till the rejection of the Compensation Bill, there had been very few, if any, agrarian murders in Ireland. They now became frequent, not, indeed, by any means so numerous as in past times of agrarian and pohtical agitation, but still such as greatly to alarm the landowning classes in Ireland, and to impress unfavourably pubhc opinion in England. Speeches at Land League meetings became more violent. Large funds in aid of the cause were remitted from America. They were spent in relief of evicted tenants, in building huts for them, and in defending persons prosecuted for resisting process-servers and evictions. The Land League branches assumed the function of courts for the determination of what reductions of rent ought to be made in their districts, what evictions were unjust, and in what cases it was permissible to take farms from which the tenants had been evicted. Pamell crossed over to Ireland, as soon as the Session was at an end, and addressed a series of great meetings. The niost important was at Ennis, on September 19th. His speech there was marked by distinct hostility to Mr. Gladstone and 123 124 GLADSTONE AND IRELAND Mr. Forster. He pointed out that the Government had failed to carry the measure which it had proclaimed to be necessary for the protection of vast numbers of Irish tenants from eviction for non-payment of rent, which the bad seasons had made impossible ; that there was no certain promise of adequate legislation on the Land question in the coming year ; that a Royal Commission had been appointed, with the personnel of which the Irish Members were dissatisfied ; and that the Chief Secretary had proclaimed that the law would be maintained — in other words, that the landlords would be supported by all the force of the police in their evictions under the existing state of the law. He advised the tenants to place no confidence in the Government Commission. Though he did not advise them to refrain from giving evidence before it, he warned them against the danger of accepting responsibihty for its proceedings and conclusions — ^most sensible advice to them under the circumstances. He then proceeded in these strong words : *' Depend upon it, the measure of the Land Bill of next Session will be the measure of your activity and energy this winter ; it will be the measure of your determination not to pay unjust rents ; it will be the measure of your determination to keep a firm grip of your homestead ; it will be the measure of your determination not to bid for farms, from which others have been evicted, and to use the strong force of pubhc opinion to deter any unjust men amongst yourselves — and there are many such — from bidding for such farms. If you refuse to pay unjust rents, if you refuse to take farms from which others have been evicted, the Land question must be settled, and settled in a way that will be satisfactory to you. It depends therefore upon yourselves, and not upon any Commission or any Government. When you have made this question ripe for settlement, then and not till then will it be settled." He then proceeded to suggest to them a method to give effect to their determination. " What are you to do," he said, " to a tenant who bids for a farm from which another tenant has been evicted ? " Several voices : " Shoot him." Mr. Pamell : " I think I heard somebody say ' Shoot him.' I wish to point out to you a very much better way — a more Christian and charitable way, which will give the lost man an THE WINTER OF 1880-1 125 opportunity of repenting. When a man takes a farm, from which another has been unjustly evicted, you must shun him in the roadside, when you meet him ; you rust shun him in the streets of the town ; you must shun him in the shop ; you must shun him in the fair-green and in the market-place, and even in the place of worship, by leaving him alone ; by putting him into a moral Coventry ; by isolating him from the rest of the country, as if he were a leper of old — ^you must show him your detestation of the crime he has committed." In a later speech, at New Ross, he developed his own views as to what should be the goal of land reformers in Ireland : " We seek as Irish Nationalists for a settlement of the Land question which shall] be permanent — which shall for ever put an end to the war of classes which has unhappily existed in this country ... a war which supphes the strongest induce- ment to the Irish landlords to uphold the system of EngUsh misrule, which has placed these landlords in Ireland. Looking forward to the future of our country, we wish to avoid all elements of antagonism between classes. I am wiUing to have a struggle between classes in Ireland — a struggle that should be short, sharp, and decisive — once for all ; but I am not willing that this struggle should be perpetuated at intervals, when these periodic revaluations of the holdings of the tenants would come under the system of what is called fixity of tenure at valued rents." " Now, then, is the time for the Irish tenantry to show their determination ; to show the Government of England that they will be satisfied with nothing less than the ownership of the land of Ireland. ... I see no difficulty in arriving at such a solution, and in arriving at it in this way ; by the payment of a fair rent, and a fair and fixed rent not hable to recurrent and perhaps near periods of revision, but by the payment of a fair rent for the space, say, of thirty-five years, after which time there would be nothing further to pay, and in the meantime the tenant would have fixity of tenure." At Galway he explained the ultimate object he had in view. " I wish," he said, " to see the tenant farmers prosperous ; but large and important as is the class of tenant farmers, constituting as they do, with their wives and families, the majority of the people of their country, I would not have taken off my coat and gone to this work if I had not known 126 GLADSTONE AND IRELAND that we were lajdng the foundation in this movement for the regeneration of our legislative independence." By " legislative independence " he clearly meant Home Rule and not sepa- ration. At Kilkenny, October 3rd, he expressed disbehef in the possibility of any partnership between landowners and tenants. One of them must go. Pamell's speeches must be studied and compared with subsequent results of the agitations, or rather the succession of agitations in the next twenty years, and with the final settle- ment propounded in 1903 by Mr. Balfour's Government, at the instance of Mr. Wyndham, of universal ownership of their holdings by tenant farmers, in order to estimate at their true worth his statesmanship and prevision. The settlement he aimed at has, in fact, been approved by the Imperial Legis- lature, and is in course of being carried out upon terms much more favourable to the tenants than Parnell could have con- ceived to be possible. A few days after the Ennis speech, Parnell's advice as to social ostracism was given practical effect to in an historic case. Captain Boycott, the agent for Lord Erne's property at Lough Mask, in Mayo, who farmed himself a considerable extent of land, had a dispute with his farm labourers as to their wages, and failing to come to terms, dismissed the whole of them. No other labourers in the district could be induced to take their place. Captain Boycott then, by way of reprisal to the district, proceeded to take action against the numerous tenants of Lord Erne. He insisted upon payment of full rent and arrears, and threatened them with eviction. The tenants refused to pay an3rthing unless a fair reduction was made. The local Land League then took up the case. The system of ostracism was brought into play. In furtherance of this, no one could be found willing to serve the writs of eviction. The local tradesmen refused to sell food to Captain Boycott, or to shoe his horses, or otherwise to supply his wants. No one was willing to help him in gathering his crops. His domestic servants left him. Captain Boycott appealed in the Press for sympathy and aid. In response to this, fifty Orangemen from Ulster volunteered their services to gather his crops, and dig his potatoes. It was thought necessary by the Government to give special protection to them. Two thousand soldiers formed an escort for them. Large bodies THE WINTER OF 1880-1 127 of the constabulary were collected in the district. These invaders were left severely alone. No one would supply cars for them. They could obtain no food in the district. By the aid of these intruders from Ulster, guarded in this way, crops to the value of £350 were harvested at a total cost to the Government of ^^3500. In the end Captain Boycott was compelled to admit defeat. He resigned his agency and left the country. The case attracted universal attention and comment. A new word, "boycotting," was coined and added to the Enghsh language, to take its place beside those of " l5niching " and " burking," also of Irish origin. It has been adopted in most languages in Europe. The process of boycotting spread widely in Ireland, and was applied freely to other cases of dispute between landlords and tenants, and to disputes in other trades of all kinds. It proved to be most efl&cacious in deterring landlords from eviction. While these speeches were being made, and while evictions on the one hand and outrages on the other were being multi- plied, Mr. Forster faced the position with courage and deter- mination. He was in a very solitary position, at the head- quarters of the Irish Government at Dublin. He was between two antagonistic forces, the landlords and the Tory Party on the one hand, and the Land League, the tenants, and the great majority of the Irish people on the other. He had nothing to offer in appeasement of public opinion. He had no authority, at that time, to promise a wide and popular measure of Land Reform. The only expectation held out was that of a possible report from a Royal Commission, the constitution of which did not inspire any confidence in the National Party. All that Mr. Forster could actually undertake to do was to maintain the law in Ireland, and that meant to the tenant farmers the support of evictions for the non-payment of rents which under the conditions of the past two years could not be paid. Mr. Forster was deeply pained and horrified by the outrages which were committed. They appeared to lessen, if they did not extinguish, his sympathy for the tenants in the numerous evictions which were being carried out, and which he had to support with police and soldiers. He did not connect these two classes of events as cause and effect. He was obsessed with the behef that the outrages were the result only of the agitation 128 GLADSTONE AND IRELAND of the Land League, and of the violent speeches made at its meetings. In Mr. Forster's letters to Mr. Gladstone, and in those of Lord Cowper, the Lord-Lieutenant, to the Cabinet, we can trace the inception and progress of the policy to put down outrages, and the agitation, which they beUeved to be the cause of them, by a strong coercive measure. Early in October, within one month of the prorogation of Parhament, we find Mr. Forster writing to Mr. Gladstone from Dublin that he was contemplating the prosecution of Pamell and other leaders of the Land League. The Law Officers had been asked for their opinion. There were, he said, the strongest moral grounds, but doubtful legal grounds, for such a prosecu- tion. In any case he could not expect a conviction. He did not feel sure that it would stop or materially check the outrages. Pamell, he said, had incited these crimes, but they might now be beyond his control. If the prosecution should fail the Government might be driven to call a special Session of Parliament for a coercive measure, in the direction of a suspension of the Habeas Corpus Act. A few days later Mr. Forster wrote again to Mr. Gladstone : " We may find that nothing will check outrages but the arrest and detention of men under suspicion of committing them. . . . When the whole population S5mipathizes with men who commit outrages, juries will not convict. The suspension of the Habeas Corpus Act is a most violent and brutal remedy. We must be sure that it is the only remedy." A fortnight later, on October 25th, he wrote again, " The last two or three days there has been some diminution of outrages. It is owing to the Land League getting their way and not needing outrages." " Unless real improvement takes place I cannot face the winter, in January and February, without special legislation. I do not beheve that any Bill will be of use, short of suspension of the Habeas Corpus Act." " The state of the country is undoubtedly most serious. Nor do the number of outrages by any means represent the gravity of the situation, and for this reason — that, in many places, those who profit by outrages are completely masters of the position, and thus the temptation is removed. Nobody dares to evict. Tenants of evicted farms, even those who have been in possession for more than a year,, are daily giving them up. THE WINTER OF 1880-1 129 . The sudden imprisonment of some of those who are known to instigate, or to commit crime, would strike home in a way that nothing else could do, for no man would know whether his turn would not come next." On November 8th Mr. Forster again wrote : " October is very bad. There have been very few evictions. Pamell is quite right in saying that the Land League has stopped evictions, though he ought to have said — the Land League and its attendant outrages. . . . The present outrages, or rather the condition of the country which produces the outrages, is owing to the action of the League, but I beheve that now these outrages are very much beyond their control. . . . The actual perpetrators and planners are old Fenians, and old Ribbon- men and mauvais sujets. They would shrink into their holes if a few were arrested." ^ The question of summoning Parliament for the special purpose of passing a coercive measure for Ireland was then brought before the Cabinet. It led to a great and prolonged struggle. It was vehemently opposed by two of its leading members, Mr. Bright and Mr. Chamberlain. Mr. Gladstone also seems to have been much opposed to the form of coercion asked for, namely, the suspension of the Habeas Corpus Act. In a letter to Mr. Forster he pointed out the grave objection to the imprisonment of men under suspicion and without any trial. While this conflict was proceeding Mr. Forster wrote on November i8th : ** Evictions 82 in the last six weeks against 671 for the previous three months." That is a reduction from 50 a week to 12. " Outrages," he added, " are not caused at present by evictions. Pamell can claim the credit of stopping evictions. Outrages and fear of outrages have done their work." Both Mr. Forster and Lord Cowper threatened resignation, if their demand for a speedy suspension of the Habeas Corpus Act was not agreed to. It was not till November 27th that this conflict in the Cabinet was brought to an end by a com- promise. Mr. Forster's demand for a suspension of the Habeas Corpus was conceded ; but Parliament was to be summoned for the purpose, early in January, and not earher as pressed for by the Irish Government. Rather than break up the 1 Life of W, E. Forster, II, 265. 9 130 GLADSTONE AND IRELAND Cabinet, Mr. Forster determined to carry on his work in a way he disapproved of for another month, throwing the responsi- bility upon his colleagues. Lord Cowper also, writing to Mr. Gladstone, said that he was in great doubt whether he was justified in retaining the position of Lord-Lieutenant, unless the remedy he asked for was provided, but as he was unwilling to leave the ship in the middle of the storm, and as he felt that Mr. Forster's position would become untenable, if he left, he had come to the con- clusion not to do anything until January, when if the legisla- tion he asked for was not conceded, he would place his resigna- tion in the hands of the Government. Mr. Gladstone's answer was interesting and important. While expressing satisfaction that Lord Cowper had deferred until January any intention to resign his office, he wrote : " What I personally think a very doubtful remedy is a suspen- sion of the Habeas Corpus Act, proposed alone, carried after much delay in the teeth of two-thirds of the representatives of Ireland (without taking English allies into account). You may rely upon it, when the time you name comes, the Cabinet will look at the duty of defending proprietary rights, without any mawkish susceptibilities. ... It is with regret, perhaps with mortification, that I see the question of Land Reform again assuming, or having assumed, its large proportion. My desire certainly would have been to remain on the lines of the Act of 1870, such as it left the House of Commons." ^ It appears, then, that so late as November, 1880, Mr. Glad- stone had not arrived at the conclusion that it would be necessary to embark on another great measure of Land Reform for Ireland. The patching up of the Act of 1870 was the outside of what he then contemplated. Another point brought out clearly by the correspondence is that in the opinion of the Irish Government the Land League had been successful in putting a stop to evictions. It had done what the rejected Bill of the Government (the Compensation for Dis- turbance BiU) had been intended to do. No one who looks dispassionately at the facts of the time can doubt that, but for the action of the Land League, evictions, instead of coming nearly to an end, would have been greatly multiplied, and that they would have led to a great increase of ^ Life of Parnell, II, 260. THE WINTER OF 1880-1 131 outrages and crime, as in many past agitations in Ireland. This view is strongly confirmed by the fact that when Mr. Forster succeeded in inducing Parliament to give him power to suspend the Habeas Corpus Act, and when he had arrested and imprisoned every man under suspicion of committing outrage or inciting to outrage, and when finally he had gone the length of arresting and imprisoning the leaders of the Land League, including Parnell, crimes and outrages, instead of being put an end to, or even greatly reduced, were seriously increased in number and violence. To Parnell must be mainly credited the advice to substitute the scheme of boycotting for the more violent and criminal acts, which had always been the feature of agrarian agita- tion. Of the ethics of the system of boycotting, not for the first time devised, but then recommended in pubUc speech by a responsible leader, as a substitute for more violent acts, there is much to be said. From a legal point of view it seems that the mere refraining, by one or more persons, without combination directed against a particular person, from intercourse or trading with a neighbour, by way of protest against some action of his, held to be unjust, or against the pubhc interest of the district, is certainly not unlawful or criminal. Nor can a speech indicating that such a course is open to the hearers, and is justifiable and expedient in certain cases, not directed against a particular person, be held to be an illegal act, as inciting to violence or crime. But, on the other hand, a combina- tion of persons, aimed at a particular person, to refrain from dealing with him, and with the dehberate intention of injuring him in his trade or occupation, on account of his action in some matter obnoxious to them, may undoubtedly be held to be a criminal conspiracy ; and a speech advising such a course and pointing specially to the obnoxious person may equally be held to be an incitement to a criminal act. But in each of these cases it is a question for the Jury to deter- mine, and not for , the Judge who tries the case. The question of motives then arises, and it is competent for the Jury to take into account the motives of those engaged in the combination, and the conduct of the person against whom it is directed. However this may be, boycotting, at the time we are 182 GLADSTONE AND mELAND dealing with, was a method by which Irish opinion, deprived of the power of effecting its object, through the legitimate and constitutional method of a legislative measure, sought to effect it, indirectly by combination, and by the use of a method, open to grave abuse, and resulting in not a few cases in great hardship, but not the less a rough-and-ready way of enforcing public opinion against injustice and wrong. It is quite certain that by the use of it evictions were practically stayed, and we have the high authority of Mr. Gladstone for the admission that, but for the Land League and its agitation and its boycottings, the Land Act of 1881 would not have been passed by Parliament. Meanwhile, on November 3rd, Mr. Forster decided to prosecute fourteen of the leaders of the Land League, includ- ing Pamell, Dillon, Biggar, Sexton, and T. D. Sullivan. The charge against them was that of conspiracy to prevent the pay- ment of rent, to resist the process of eviction, to prevent the taking of farms from which the tenants had been evicted, and to create ill-will amongst Her Majesty's subjects. Pamell and Biggar met this move with characteristic contempt and defiance. " I regret," said the former, in a speech at Dublin two days later, " that Mr. Forster has chosen to waste his time, the money of the Government and our money on these prosecutions. He has begun in a bad way, and I fear the result of his attempt to govern Ireland will be to shatter his reputation for statesmanship, which he formerly acquired in another branch. He is surrounded by a landlord atmosphere at the Castle of Dublin, and although he may be able to resist the effect of that atmosphere longer than most men, yet sooner or later it is bound to tell upon him." Biggar, on his part, is reported to have exclaimed when he heard the news of the intended prosecutions, " D — d lawyers, sir, d — d lawyers. Wasting the pubhc money. Wasting the pubhc money. \Vhigs d — d rogues. Forster d — d fool." ^ The prosecutions appear to have been entered upon without much hope of conviction. The usual course of packing the Jury, so familiar to the Irish legal authorities, was not adopted on this occasion, and without that, it must have been known to the Government that conviction was impossible. The trial took place before Mr. Justice Fitzgerald and Mr. Justice Barry. 1 Life of Parnell, I, 253. THE WINTER OF 1880-1 188 It lasted for twenty-two days, and was not concluded till after the meeting of Parliament in 1881. The Jury could not agree in their verdict. In the quaint language of the foreman, " They were unanimous that they could not agree." Ten of them were for acquittal and two only for conviction. The result led to rejoicings all over Ireland. It may be doubted whether any- where in the United Kingdom a conviction could have been obtained. While it may have been necessary to show that the law was powerless to convict, before asking for coercive powers from Parliament, there is no doubt that the abortive prosecu- tion brought the Irish Government and Mr. Forster into contempt, and did much to strengthen the Land League. CHAPTER XIV THE COERCION ACT, 1 88 1 IN 1881, Parliament was summoned to meet on an excep- tionally early day, January yth, for the double purpose of carrying a drastic Coercion Act for Ireland, and of effecting some change in the Land Law, the extent of which had not as yet been decided by the Government. On the second day of the debate on the Address, Pamell made one of the two best speeches of his Parliamentary career. He defended the Land League, and repeated in the House of Commons the advice to the tenants, which he had given at numerous meetings in Ireland, and for which he was, at the very moment, being prosecuted at Dublin. The tone of his speech was moderate and concihatory. Coercion, he said, would contribute to crime and outrage by encouraging landlords to evict their tenants. The question was whether there should be an open organization or secret societies. What the Land League had effected was to organize the Irish people to resist unjust laws by constitutional means. This course had been forced upon them by the rejection of the Compensation for Disturbance Bill in the last Session. The Irish people had unfortunately an evil and unhappy history. They had been tempted and driven too much in the past to rely on murder and outrage for redress of their grievances. The politician, who attempted to originate a movement, would do so with the knowledge that there would be crime and outrage, when there was distress, and when there were evictions, and that he would be made personally responsible for the unhappy results. Resistance to unjust laws sometimes became a high duty, and he could conceive of no higher duty on the part of the Irish people than a willingness to go to jail to endure hard labour, and to encounter other sufferings, rather than surrender 134 THE COERCION ACT, 1881 135 this right. Those for whom he spoke had undoubtedly called upon the Irish people to resist constitutionally — without violence, but by organization, by refusing to take farms from which tenants had been evicted, and by refusing to deal with the persons who took the farms, and to supply them with provisions — the unjust laws which were the result of the legisla- tion of England. But the emergency was such that there was no other course open to them. He entreated the House of Commons not to be again the cat's-paw of the landlords. He warned the Government that if they attempted to take away from the people the right of meeting pubUcly and dis- cussing their grievances — if they prevented them from organiz- ing, if they prevented them from bringing to bear the strong force of pubhc opinion on individuals, who defy the public opinion of their neighbours, they would see murder and outrage walking abroad through the land, notwithstanding all their Coercion Acts. He moved as an amendment that " the peace and tranquiUity of Ireland cannot be promoted by suspending any of the constitutional rights of the people." Mr. Forster retorted in angry terms, and while acknow- ledging the moderation of Pamell's speech, expressed regret that he had not spoken with the same reserve in Ireland. Experience, he said, had shown that the Land League meetings were usually followed by attacks on persons or pro- perty. Quoting from Parnell's Ennis speech, he found in it a clear recommendation not only not to take farms from which tenants had been evicted, but a threat that those who took them would be cut off from all social intercourse and treated as lepers. It was clear from this and other similar advice that it was the object of the Member for Cork to replace the law of the land by the unwritten law of the League. He did not charge Mr. Pamell with having himself incited to the outrages which had occurred, but he held that he must have known what would be the result of his speeches and of his action. This remark drew an angry protest from the Irish Members, and an appeal to the Speaker. Mr. Forster, in deference to the protest, slightly modified his language. " Mr. Pamell," he said, " with his knowledge of the Irish character, and with his abihty, ought to have known, and it is a wonderful thing if he did not know, what the natural effect of his speeches would be. At any rate, the outrages undoubtedly followed 136 GLADSTONE AND IRELAND upon the meetings of the Land League." He dwelt on the long Ust of outrages committed during the closing months of the past year, and on the wide spread of cases of intimidation. He then proceeded to defend himself against the Tory attack for not doing enough to protect law and order. " We have thought it our duty," he said, " to try and exhaust the con- stitutional powers we possessed, and we have exhausted them. We are driven to the distressing conclusion that further powers must be asked for. We believe that our first duty is to protect liberty and person and property. We cannot quietly sit by and allow the law of the land to be replaced by another law. We cannot allow men to be interfered with in the daily walks of life by a system of terrorism. But we do not for a moment suppose that the fulfilment of this painful duty constitutes our whole duty to Ireland. We still intend, and we still do beheve that we shall be able to look into the grievances of Ireland connected with her principal industry, grievances which we fully admit are at the foundation of the state of things which now exists." Mr. Shaw, the late leader of the Irish Party, and still the leader of the section which refused to support Pamell, ^ followed Mr. Forster in a speech, in which he defended the Land League from the charge of having been the cause of outrage. He expressed his behef that none of the agrarian outrages of the preceding months could be traced to the meetings of the Land League. Mr. Davitt, he knew, ever since his return from America, had earnestly set himself the task of discouraging anything like crime, arguing that crime must be detrimental to the people's cause. Nevertheless, there was an immense deal going in connection with local Land Leagues that was not at all creditable, and was most injurious to the real interests of the people. The country was absurdly and cruelly over- rented, and the outcome of the pohcy was the permanent pauperization of the people. It would be better not to touch the Irish Land question at all, than not to deal with it firmly and effectively. Measures of coercion might be pressed for- ward, and might, after a few weeks or months of struggle in that House, become the law of the land, but the seeds of sus- ^ On January 12th, a few days after this speech, Mr. Shaw retired from the Home Rule Party, and was followed in this by about twenty Irish Members who sat with him on the Government Bench side of the House. THE COERCION ACT, 1881 187 picion and distrust would be sown, and would not fail to produce results which would be most prejudicial to the success of any legislation of a remedial character. As to coercion, what, he would ask, was the use of it in dealing with 500,000 or 600,000 farms, and with the whole people of the country banded together ? Mr. Pamell's motion was rejected by 435 to 57. Of the Irish Members 51 voted with Pamell, 30 abstained from voting, and only 22 supported the Government. The debate on the Address was prolonged for eleven days, most of them occupied with the Irish question. When at last it was con- cluded, Mr. Forster moved for leave to introduce his Coercion Bill for Ireland. He proposed to give power to the Lord- Lieutenant to issue a warrant for the arrest of any person, whom he might reasonably suspect of treasonable or agrarian offences. Persons so arrested were to be treated as uncon- victed prisoners, but might be detained until September 30th, in the following year. He supported this proposal by statistics showing the great increase of agrarian crime. He attributed this to the Land League. Personal inseciuity had, in consequence of the Land League, increased so rapidly that no less than 153 persons were attended, day and night, by two constables each, and 1149 were watched by the pohce. The serving of writs was as impossible as the collection of rents, and the shopkeepers were as unable to obtain justice as the landlords. " In Ireland," he said, " the Land League is supreme, and there is a real reign of terror over the whole country. No man dares take a farm from which another person has been ejected, nor work for a man who pays his rent and who refuses to join the Land League. Those who defy the law are safe, while those who keep it, the honest men, in short, are in danger. The ordinary law is powerless. The unwritten law is powerful, because punishment is sure to follow its edicts." The particular form of coercion apphed for by Mr. Forster Was strongly disapproved by Mr. Gladstone. " I considered," he wrote, late in his hfe, in a memorandmn, " that coercion should be apphed by giving stringency to the existing law, and not by abohshing the right to be tried before being im- prisoned." To his distress, however, he found that Chamber- lain and Bright, who had for weeks strongly opposed coercion 188 GLADSTONE AND IRELAND in any form, when at last they acquiesced in its necessity, had arrived at the conclusion that if there was to be coercion at all, there Wcis something simple and effective in the suspension of the Habeas Corpus Act, which made such a method prefer- able to others. He therefore gave his consent, for otherwise his resistance would have broken up the Government, and have compelled his own retirement, before a commencement had been made of the work which had been specially commis- sioned by the constituents, in relation to the Foreign pohcy of the country. " Forster," he added, " was a very impracticable man, placed in a position of great responsibility. He was set upon a method of legislation, adapted to the erroneous belief that the mischief lay only with a limited number of well-known indi- viduals — that is to say, the suspension of the Habeas Corpus Act. ... I must say that I never fell into this extraordinary illusion of Forster about his village ruffians." ^ The sequel will show that Mr. Gladstone was right in his diagnosis, and that Mr. Forster was completely misled by the police and the Dublin officials as to their power of laying their hands on the perpetrators of crime. Meanwhile the debate on the introduction of the Bill was protracted over several nights. It was vehemently opposed by the Irish Members. Mr. Gladstone, whatever his opinion on the scheme of coercion in the Bill, gave his most loyal support to Mr. Forster. His speech, however, showed most clearly that the measure was directed against crime and out- rages only, in the ordinary sense of the term, and not against pohtical combinations, or meetings, or speeches, even when they recommended breaches of contract. " We aim by this Bill," he said, " and aim solely at the perpetrators and abettors of outrage. I stand upon the words of the legislation we propose, and I say that they do not in the shghtest degree justify the suspicion that we are interfering with the liberty of discussion. I wiU go farther. We are not attempting to interfere with the hcence of discussion. There is no interference here with the hberty to propose the most subversive and revolutionary changes. There is no inter- ference here with the right of association, in the furtherance of these changes, provided the furtherance be by peaceful * Morley's Life of Gladstone, III, 49. THE COERCION ACT, 1881 189 methods. There is no interference with whatever right Members may think they possess, to recommend and to bring about, not only changes of the law. but in certain cases breaches of positive contracts. I am not stating these things as a matter of boast, I am stating them as a matter of fact. I must say it appears to me that it is a very liberal state of law which permits honourable gentlemen to meet together to break contracts into which they have entered."^ On the fifth night of the discussion it was decided by the Government that it must be brought to a close, if possible, and Mr. Gladstone, at the commencement of the sitting, intimated that it would be prolonged till the motion for the introduction of the Bill was carried. This was taken as a challenge by the Irish Members. They carried on the dis- cussion, at first, by repeated motions for adjournment, and later by long speeches on the main motion, all through the night and the following day and the second night. During one of their nights Mr. Sexton spoke for nearly three hours, between two and five o'clock in the early morning. I was one of the six or seven English Members who were present, and heard the whole of it. I had rarely Hstened to a more closely reasoned, eloquent, and cogent speech. There was no reiteration, and scarcely a word was redundant. It was a presage of many speeches of the same quaUty from Mr. Sexton, which gained him so great an influence in his party, and so high a reputation in the House. It was a surprise to me that he had been told off by his party to waste such an exhibition of power and close reasoning, at a time when practically he had no audience. The closing scene of this long sitting was dramatic. When the hour of nine of the second morning arrived, after forty-one hours of continuous debate, the House had filled again, under the impression that a crisis was imminent. Mr. Gladstone and Sir Stafford Northcote, the two leaders, were in their places. Mr. Biggar, by an apt coincidence, was on his legs, the very personification of obstruction, deUvering one of his lengthy and incoherent speeches. The Speaker, on resuming the Chair, in place of Mr. Playfair (later Lord Pla5rfair), who had filled it as deputy diuring the small hours of the morning, caused a break in Biggar's oration. Without calling on him to resume, the Speaker dehvered the well-known historic pro- * Hansard, 257, p. 168. 140 GLADSTONE AND IRELAND nouncement from the Chair, pointing out that a necessity had arisen demanding the interposition of the Chair. " The credit and authority of the House," he said, " are seriously threatened, and it is necessary they should be vindicated. ... A new and exceptional course is imperatively demanded, and I am satis- fied that I shall best carry out the wish of the House if I decline to call upon any more Members to speak, and at once proceed to put the question to the House." The Speaker thereupon put the question, and the amend- ment to Mr. Forster's motion was negatived by 164 to 19. On the main question that the BiU be introduced, Mr. Justin McCarthy rose to speak on it, but the Speaker declined to hear him. The Home Rulers thereupon stood up en masse, and for some time with raised hands shouted " Privilege," and then bowing to the Chair left the House. Leave was then given to introduce the Bill. There can be no doubt that the Speaker's action was in the nature of a coup d'etat. It was effected with the approval of Mr. Gladstone, and upon the promise that the rules of the House would be strengthened against obstruction, and with the knowledge, and without the disapproval, of the Leader of the Opposition, Sir Stafford Northcote. It led to an immediate change in the rules of procedure of the House, not at once going the length of adopting the closure, but expediting the progress of business which by formal resolution should be declared to be " urgent." Before the discussion on this another violent scene occurred. It was announced that Michael Davitt had been sent back to a convict prison, his ticket-of-leave being cancelled. On February 3rd a question was put to the Home Secretary, whether this statement was true. Sir William Harcourt repUed that the Law Officers had given their opinion that Michael Davitt's conduct, as one of the most energetic apostles of the Land League, was not compatible with the ticket-of- leave of which he was the holder ; but he dechned to explain what conditions of the ticket had been violated. On Mr. Gladstone rising to move his resolution for expediting the business of the House, he was interrupted by Mr. Dillon, who desired to raise the question of Davitt's arrest. The Speaker refused to allow Mr. Dillon to speak. He insisted on doing so, and stood with his arms folded, exclaiming, " I demand my privilege of speech." There followed a scene of unprecedented THE COERCION ACT, 1881 141 excitement, which ended by Mr. Dillon being named by the Speaker as wilfully disregarding the authority of the Chair. Mr. Gladstone then moved that Mr. Dillon should be suspended. The motion was carried by 395 to 33. Mr. Dillon refused to leave the House, and the Serjeant-at-Arms was directed to remove him. Mr. Dillon avoided the emplojmient of force by rising and walking out of the House amid cries of " shame " from the Irish Party. Mr. Gladstone thereupon resumed his speech, but he was again interrupted by Pamell, who moved that " he be no longer heard." Pamell was then named by the Speaker. He left the House, after a demonstration of force by the Serjeant-at-Arms. The Irish Members had refused to vote on the motion for the suspension of Pamell. They were named in a body by the Speaker, and were suspended from attending the House by a majority of 410 to 6. They succes- sively declined to leave the House till a demonstration of force was made by the Serjeant-at-Arms. Finally, Mr. O'Don- nell and Mr. O' Kelly were dealt with in the same way, with the result that 36 Irish Members in all, practically the whole of the Pamellite Party, were suspended. Among them was Mr. John Redmond, the future and present leader of the party. He took his seat for New Ross for the first time that very day, and had the experience of being suspended before he had completed a day's work in the House. Looking back at the arrest of Davitt, and his consignment to a convict prison, it is quite impossible to justify it. He had certainly not committed any act in breach of the condition on his ticket-of-leave. He had been most active in founding the Land League, but the prosecution of the leaders of that body had failed. If he was engaged in committing acts aimed at by the Coercion Bill it would have been reasonable to wait till the Act was passed, and then to arrest him under its provisions ; but to consign him again to a convict prison was a hardship and unjustifiable insult to the man, and a needless provocation to pubhc opinion in Ireland. It is right to say that Sir WiUiam Harcourt gave orders that Davitt was to be treated with exceptional lenity. In doing so, he assumed the right of the Home Secretary to interfere with the treatment of persons convicted of pohtical offences, which it will be seen was denied ty the Tory Government at a later stage of the Irish question. There can be no doubt that among the many 142 GLADSTONE AND IRELAND mistakes made in dealing with, the Irish question, there were few graver than this treatment of Davitt. It did much to aggravate pubHc discontent in Ireland. This incident being disposed of, Mr. Gladstone was able to move his resolution. He did so in a speech of great dignity and pathos, which produced a profound effect on the House. He implored Members not to allow the House which had been the mainstay and power and glory of the country to degenerate. His proposal was that in cases where the House of Commons voted by a majority of three to one that the business before them was urgent, the whole conduct of it was to be under the control of the Speaker. The motion was carried with general assent. The Speaker then framed rules of urgency. The most drastic of them was the power secured to him of closing dis- cussion by fixing a time when all the remaining amendments to a Bill should be passed without further discussion. With the aid of these very drastic powers the Coercion Bill passed through its various stages, not, however, without heated and protracted discussion. Four days were devoted to the second reading of the Bill. Mr. Bradlaugh moved its rejection. He was followed in his opposition by several other Radical Mem- bers for British constituencies, among them Mr. Joseph Co wen, who predicted that the Act would have the exact opposite effect to that intended, and would lead to a further outbreak of crime and to a general state of lawlessness in Ireland. He denounced the imprisonment of Davitt in no measured terms. Lord Randolph Churchill also spoke of it with disapproval, and attributed the state of things in Ireland to the action of the Government rather than of the Land League. The Bill was read a second time by a majority of 389 to 56. Some few Radical Members voted against it, and many more abstained from voting. In the Committee stage, the Bill was contested by the Irish Members, line by line, and word by word, with the greatest pertinacity. Parnell was occupied most of the time in Ireland, and was seldom at the House. The brunt of the battle fell on Dillon, T. P. O'Connor, Sexton, Healy, the two Sullivans, Biggar, O'Donnell, and others who showed great skill in attack and debate. Mr. Forster made some slight concessions. He made it more clear that persons imprisoned were to be treated as political prisoners. He gave a personal undertaking that THE COERCION ACT, 1881 143 no persons should be imprisoned without his personal investi- gation of the case. On the other hand, the demand that no arrests should be made, except on the sworn information of two credible witnesses, was refused. So also was the effort to get a precise definition of the crimes to which the Act was to apply, and that the warrant should specify the crime with which the arrested man was charged, and that he should be furnished with a copy of the warrant. These amendments met with some support from Radical Members of the House, and especially from Cowen, Labouchere, and Bradlaugh. They brought into strong relief the arbitrary nature of the measure, and how completely the liberties of the Irish people were placed in the hands of the Chief Secretary. After five days of debate in Committee, only one section of the first clause was disposed of. It was thought necessary for the Speaker to frame a new rule applying a more severe method of closure. By the aid of this, after eight more days of discussion in Committee, the Bill was passed. Two more da5rs were occupied on the Report stage, and a further appUcation of the closure took place, and finally two days on the third reading — in all, twenty-five days were expended on the Bill. On February 24th, the last day of debate on it, Mr. Forster, in his reply to a motion of Mr. Justin McCarthy for the rejection of the measure, claimed that he was conferring a great benefit on Ireland. Pointing to the Irish Members, he said : " We have been delivering Ireland, or doing our best to deliver Ireland, from a great grievance, and have been saving her, or beheving we are saving her, from a still greater peril." Mr. McCarthy's motion was rejected by a majority of 321 to 51. The Bill passed without opposition, and with scant discussion, in the House of Lords. The sequel will show the futihty of the measure, and that the Irish Members were justified in their predictions that it would aggravate the agitation in Ireland, and would lead to an increase, rather than a diminution, of crime. The Parliamentary battle for coercion, however, was not concluded. There remained the Arms Bill, which, was to enable the Government to search for and seize arms in pro- claimed districts, and to forbid the sale of them. The Home Secretary, Sir William Harcourt, took charge of it, in the absence of Mr. Forster, who had crossed the Irish Channel in 144 GLADSTONE AND IRELAND order to set going the machinery for giving effect to his Coercion Act. It led to further heated discussion and protracted obstruction. Sir William Harcourt did not mince his words in dealing with the Irish Members. Mr. Dillon took the lead in opposing the Bill, and a battle royal occurred between him and Sir William Harcourt. Dillon said that the Irish had no means of waging civil war. He wished they had. He was called to order for this language, and withdrew it, but he attacked Harcourt for his cynical tone. " If," he said, " the peaceful, the loyal, and the consti- tutional agitation of the Land League failed, the people of Ireland would be driven back to the dark and desperate methods, which the League had almost successfully induced them to give up. The whole blame of the murders which would be committed would be at the door of the men who struck from the hands of the League the weapon of open and legal agitation." Harcourt, in reply, suggested that the debate should close at once. The House, he said, had heard an authorized agent of the Land League explain its doctrines to be those of treason and assassination. He insisted that Dillon had advised the Irish farmers to shoot those who resisted the Land League. Healy warmly defended his colleague, and charged Harcourt with want of truth. He was at once suspended by a vote of 253 to 15. In Committee, the Irish Members, by their per- tinacity, obtained some concessions. Not a few violent scenes took place, and the Bill was only carried by the application of the closure. Parnell moved its rejection on the third reading, and took the opportunity of again defending the Land League. The debate which then occurred was a most interesting one. The opposing parties came to close quarters, and concentrated their bitterness in short speeches. Parnell taunted Mr. Bright for his support of Coercion, and quoted from a speech made a few years ago in which he said : " I entirely disagree with those who, when any crisis or disturbance arises in Ireland, say you must first of all restore order and then later you may remedy the grievance. After having asserted the supremacy of the law the grievances are forgotten and there is no consideration for them. This has been done in Ireland for 200 years, and nothing has been done except under the influence of terror." THE COERCION ACT, 1881 145 Sir Wiilliam Harcourt denied that Irish opinion was against the Bill. In no single division, he said, had a moiety of the Representatives of Ireland voted against it. If Ireland were against it, would not all its representatives have been found voting in opposition to it ? It was worthy of note that Sir Wilham Harcourt, with his plain, and almost brutal, language, was more acceptable to the Irish Members than Mr. Forster, with his professions of sympathy for Ireland. Mr. Justin McCarthy gave voice to this in his speech on this occasion. He complimented Sir William Harcourt on the skill, moderation, and good feeling with which upon the whole he had discharged a very difficult task. The Irish Members expected nothing from him ; he had made no profession of sympathy or protestation of sturdy, rugged honesty. They were not disappointed in him. Mr. Forster, in a general reply, speaking for the first time on this BiU, defended it on the ground that repeated advice had been given to the people of Ireland to arm themselves. Many had followed the advice thus given. Foolish young men had begun to arm themselves all over the country in Ireland. He doubted whether the Irish Members represented the real opinion of the Irish people. He would not object, if that was the time to do it — even in their present excitement — to appeal from the Members opposite to the people of Ireland. His own belief was that if a real reform of the Land Laws was intro- duced and carried, the attacks which had been made on the Government would very speedily be forgotten. He was sure that he could venture to appeal with confidence from the Irish Members opposite to their constituents. The third reading was carried by 255 to 36 — the minority was the largest of the many divisions in the course of the Bill. It was clear that there was by no means the same hostility to it as to the other and main Coercion Bill. 10 CHAPTER XV THE LAND ACT OF 1881 THE Coercion Act carried, the Government devoted the whole of its energies to the Land question of Ireland. It did so under great disadvantages, for the majority of the Irish people had been completely alienated by the unfortunate coercive measures of Mr. Forster. Nor had they groimd for supposing that any effective measure would be proposed, which would result in a reduction of rents, and would give security against rack-renting for the future. The indica- tions were that nothing more was intended by the Government than an amendment and moderate extension of the Land Act of 1870. I can personally confirm this, for in January, 1881, after the meeting of Parhament, Mr. Gladstone asked me to put in writing, for the Cabinet, my views as to what should be the main lines of a measure of Irish land reform. In my memorandum, I urged that the mandate given by the Irish electors was clear and unmistakable, namely for fair rents, fixity of tenure, and free sale of the tenant's interest. Mr. Gladstone remarked to me a few days later that he was greatly surprised at my having recommended so extreme a measure, an indication that he was far from having himself arrived at such a conclusion. Several occurrences, however, contributed to a rapid development of policy, and to the production of a measure of a much more advanced character than originally contemplated. Early in 1881, the two Royal Commissions above referred to produced their reports, or rather a litter of reports, as Mr. Gladstone called them. That appointed by the late Govern- ment, presided over by the Duke of Richmond, issued a report signed by a majority of its members, in which the necessity for giving greater protection to tenants of land in 146 THE LAND ACT OF 1881 147 Ireland was fully admitted. It pointed to a scheme of arbi- tration of rents, though in guarded and halting language. A minority of six members of the Commission, led by Lord Carlingford and Mr. Joseph Cowen, strongly asserted the ex- pediency of adopting the full pohcy of the three F's. The smaller Commission, more recently appointed by Mr. Glad- stone's Government to report on the Irish Land question only, with Lord Bessborough as its Chairman, while issuing three separate reports, was unanimous in favour of the three F's. This last Commission examined no less than 800 witnesses. They included a large number of land agents, landowners, and County Court Judges, who agreed as to the necessity for this pohcy. They showed conclusively the causes of failure of the Act of 1870, namely, that many landlords, with the object of evading that Act, had raised their rents by successive degrees, each time such that the tenants could not be expected to refuse, and give up their farms claiming compensation under the Act, but in the aggregate such as to amount to excessive rack rents, infringing on, if not wholly appropriating, the tenant's interest. In view of these reports, it became clear that the intended Land Bill must be a radical one. There were members, also, of the Cabinet who had only agreed to the Coercion Act, upon the express understanding that a wide measure of Land Reform should follow. Mr. Forster's correspondence with Mr. Glad- stone shows that he was fully in accord with this view, and that he had made up his mind that no measure short of the three F's would be of any use. These converging influences had their effect on Mr. Gladstone. But there can be no doubt that it was with reluctance that he came to the conclusion that his Land Act of 1870 was a failure, and that a measure drawn on very different lines was necessary. He never quite admitted that he had adopted the scheme of the three F's in its entirety. He had, moreover, much difficulty with some members of his Cabinet. One of them, the Duke of Argyll, could not be persuaded to adopt the scheme. He resigned the office of Privy Seal, and brought to an end his pohtical association with Mr. Gladstone of twenty-nine years' standing. The Bill, as ultimately agreed upon, was, in fact, a most revolutionary measure. In this view it was much to be regretted that no attempt was made to obtain the consent and 148 GLADSTONE AND IRELAND support for it of the representatives of those mainly interested in it, the great mass of the Irish tenants. Parnell's course in the discussions did not indicate that he was impracticable. On the contrary, the effect of his speeches and amendments was, in my opinion, such as to show that it would have been possible to come to terms with him. If this had been effected, how different would have been the reception of the Bill in Ireland. But the whole attitude of Mr. Forster to Pamell and the Irish leaders precluded the possibility of negotiation with them. The ultimate success of the measure would necessarily depend on its reception by the Irish people, yet it was not thought necessary to consult their representatives, or to come to terms with them on the details of the scheme. Mr. Gladstone introduced his Land Bill in the House of Commons on April 7th, in a speech of two hours in length, not a word of which was superfluous. It was cogent, lucid, per- suasive, and tactful, but not adorned with passages of elo- quence as some of his other great speeches. He appealed to the reasoning powers, and in no sense to the passions, or even the enthusiasm of his audience. He described the task before him as far the most difficult he had ever been called upon to perform. He admitted that his Land Act of 1870 had to a large extent failed. He attributed this in part to the action of the House of Lords in forcing concessions from him, and in part to the inherent defects of the Act. He discussed the litter of reports. He showed that there was almost unanimity in them in favour of a wide measure of Land Reform, involving the independent determination of rents. He vindicated the Irish landlords from the imputation of the Land League. ** They had," he said, *' been tried and acquitted." He quoted from the Bessborough Commission to the effect that the greatest credit was due to the landlords for not exacting from their tenants all that they might have done, under the law as it then stood — a somewhat doubtful compUment. But a few, he admitted, had taken advantage of their position, and had done great injustice, by arbitrary raising of rents and harsh evictions. He described the scheme of the Land League as aiming at public plunder. He based his proposals mainly on the inability of the tena'Hts, on account of their weakness and poverty, to contract freely wi1,h their landlords, and attributed THE LAND ACT OF 1881 149 the raising of rents largely to the land hunger which existed in Ireland, owing to the scarcity of land in proportion to the number of those desirous of making a living out of it. This made inevitable, he said, the institution of a Court to arbitrate between landlords and tenants as to rent. He proposed, therefore, to constitute a Commission or Court of three members to which tenants might apply to de- termine the rents of their farms. The term for which the rent was to be fixed was fifteen years, at the end of which the tenant was to be permitted to apply to the Court for another term, and a fresh declaration of rent, and so on, toties quoties. The tenant was to have the right of assigning his interest in his farm to a solvent incomer, subject, however, to a right of pre-emption to the landlord on terms to be fixed by the Court. The i^cheme therefore provided for the adoption of the three F's with httle or no restriction. There were also clauses giving greater facilities for the purchase of holdings by their tenants, embodying all the recommendations of the Committee of 1878-9. This brief description, however, gives but a faint idea of the complexity of the BiU. Looking back at Mr. Gladstone's explanations on intro- ducing this great measure, it seems now, as indeed it seemed to me at the time, that he did not base it on the best ground that was open to him. His main argument was that the weakness and poverty of the Irish tenants, and the intense land hunger that existed, made it impossible for them to enter into free bargains with their landlords as to rent. The better justification for the great change appeared to me to be that the tenants, having effected, themselves and their predecessors, all the improvements on the land, ever5rthing which added to its prairie value, in the shape of houses, farm buildings, etc., they were de facto part owners with their landlords in the holdings, and that such interest, though recognized as their property by the Act of 1870, being inadequately protected, they were not in a position to bargain on equal terms with their landlords as to the rent which should be payable for the landlord's interest ; and that it was essentially necessary, in point of justice, that some independent authority should be called in, in the event of dispute, to determine what the rent should be. This view of the case was more fully developed by Lord Carlingford in his speech on introducing the Bill in 150 GLADSTONE AND IRELAND the House of Lords. He was, to my mind, more imbued with the true Irish view of the tenant's position in Ireland than Mr. Gladstone. But such was the force of lucid persuasion by a supreme master of all the arts of an orator, that while the speech of the latter produced the most powerful effect, and, when supported in Committee by all his immense dialectical powers, carried the measure to success. Lord Carlingford's speech produced little or no effect, either on the House of Lords or on the country. Yet of the two speeches it is now, when read in after years, the more cogent and convincing. Another observation to be made on Mr. Glad- stone's great speech, is that it minimized the case on behalf of the tenants as against the landlords. He uniformly spoke in most generous terms of the latter. He gave the impression that the cases of rack-renting were comparatively rare, that the reduction of rents by the Commission would be small," and that the landlords, as a body, would not be losers by the Act. Yet no one could read the evidence of the Bessborough Com- mission without coming to a very different conclusion, namely, that in a very large number of cases rents had been raised to a point, when they appropriated the tenant's interest. The result also of the proceedings of the Land Court, after the passing of the Act, showed that rack-renting was the rule and not the exception. The effect of the speech was to give a handle to those who were interested in depreciating the effect of the measure, to point out to the tenants in Ireland that they had little to expect from it in the way of reduction of rent. It will be seen that Pamell played upon this theme in criticizing the Bill, both in the House of Commons and at meetings in Ireland. With these reservations, it must be admitted that Mr. Gladstone's speech on introducing the Bill was one of his greatest performances in persuasive expo- sition and argument. The Bill, as introduced, even with the limitations which were inherent from Mr. Gladstone's description of it, evidently took the Irish Nationalists by surprise. They had not expected a measure so wide in its scope, and so favourable to the tenants. There was great difference among them as to what should be their attitude to it. The majority were in favour of accepting it in principle, and endeavouring to amend and extend it in Committee. A more militant minority were in THE LAND ACT OF 1881 151 favour of rejecting the Bill as worthless, and of continuing their battle with the landlords on the lines of the existing agitation, and by the methods of the Land League. A convention of the League was held at Dublin between the introduction of the Bill and its second reading. After two days' discussion it was decided, in view of their differences, to leave the Irish Members unfettered in their action in the House of Commons, as regards the Bill, and to oppose, or not, as they should indi- vidually think best. But just before the second reading of the Bill, at a meeting in London of the Irish Parhamentary Party, Pamell personally informed them that he had come to the conclusion that the best course would be to abstain from voting on the Bill, and, without waiting for any discussion by his colleagues, declared that if his advice was not taken he would resign his position of their leader. He imposed his will upon them much against the opinion of many. His motion for abstention was carried by 19 to 12. Pamell has been much blamed in some quarters for this. It was said that he showed want of gratitude to the Liberal Party for the great measure of Land Reform. But impartial consideration of the position wiU, I think, lead to the con- clusion that he was justified in his action. The Irish Members had not been consulted by the Government, and they were in no way responsible for the measure. Though it greatly altered the status of Irish tenants, giving them fixity of tenure, and preventing the unjust raising of rents, it was by no means clear that it would result in a reduction of rents, which, in their opinion, was absolutely necessary, in consequence of bad seasons and faUing prices, and of arbitrary increases of rent of late years, such as to encroach upon and to confiscate the tenant's interest. There were grave defects in the BiU, and everything would depend on the extent to which these might be made good, and on the administration of the Act when it became law. Why should the Irish Party make itself respon- sible for it ? The alternative was to hold aloof, to express dissatisfaction with its details, and to press for amendments. This pohcy must now, by the course of the Bill, and by the experience of its working, when passed into law, be held to have been wise and prudent. It was pursued throughout the proceedings in the House of Commons with abihty and per- sistence. 152 GLADSTONE AND IRELAND If the position of the Irish Party was difficult, so also was that of the Tory Party. The measure realized the best hopes and wishes of the Ulster tenants, and was therefore supported by the Tory Members for County constituencies in Ireland bon gre, mal gre. The Irish landlords, who dreaded the Bill, found little support from their Members. On the other hand, the Tory Members for England and Scotland hated the Bill. They looked at it from the point of view of English law. The very phraseology of Irish Land Law was unknown to them. They looked on the relation of landlord and tenant in Ireland as one of free contract. In this view the landlords were entitled to all that the existing law gave to them, and to any rent they could get for the land by competition. They beUeved the Bill to be a scheme of pure confiscation. They dreaded its extension to England and Scotland. On the second reading a debate took place extending over eight days. The speech of the greatest interest in this long palaver was that of Parnell. He adopted a neutral attitude to the Bill in language of great moderation. He pointed out many defects in it. He contended that it would have very httle effect on rents, and would therefore not satisfy the tenants, under the existing condition of things. He favoured, himself, a scheme of Peasant Proprietors in Ireland. " We do not," he said, " desire to confiscate anything. The Land League doctrine is that any attempt to reconcile the respective interests of landlords and tenants is impossible. . . . The League does not believe that landlords have yet touched bottom. It has recommended compulsory expropriation, but not of all landlords. It proposes that power should be given to a Commission to expropriate compulsorily those landlords who may be acting as centres of disturbance, the price to be fixed at twenty years' purchase of the Poor Law valuation. The mere threat of expropriation wiU do more to reduce rack rents than all the legal proceedings of the Bill. The Land League also proposed that those who have bought under the En- cumbered Estates Act should be called upon to give up their purchases on repayment of the money given for them. Parha- ment will thus undo the mischief it has done by passing the Act." With respect to the proposed judicial rents, he contended that every point would be contested in a court of law, and THE LAND ACT OF 1881 158 that the costs would eat up any profit which the smaller tenants might expect from a reduction of rent. He complained that the arrears of excessive and unjust rent were not dealt with, and that leaseholders were not included in the benefit of the Bill. He advised the migration of small tenants from the congested districts in the west of Ireland to the thinly populated districts elsewhere, rather than their emigration. He suggested that the Commission shoidd be empowered to buy land and erect labourers' cottages on it. He concluded with these words, which pointed to conciliation and agreement rather than to active opposition to the Bill : " I think I have said enough to show why I ought not to compromise m5rself and those whom I represent by accepting a measure which I fear cannot be either a final or satisfactory solution of this question. I regret very much that the Govern- ment appear determined to miss the great chance which is open to them. ... I hope the result will prove that I am wrong in my forecast as to the chief effect of the Bill. No one hopes more sincerely than I do that the measure will turn out better for the Irish tenants than I fear it can. I and my friends have no desire to keep things in a perpetual state of Irish confusion. We desire to see the Land question and every other question settled. We desire to see this division among classes done away with. We do not want the Irish landlords and the Irish tenants continually to live in opposing camps. As individuals, the landlords are well fitted to take their place as the leaders of the Irish nation. They have been placed up to the present time by legislation in a false position, and they would have been more than human if they could have filled it without shame and disgrace. I implore the Government to reconsider the question, and to endeavour in Committee to make the measure more healthy to the poor people and less hurtful, and to bring about such an improvement in it that we, the Irish Members, may vote for it without feehng that we are compromising the position we have hitherto occupied and maintained."! The only other speech eminently worthy of notice was that of Lord Hartington, as representing the Whig element of the Government. He denied that the agitation in Ireland, or the obstruction of Irish Members in the House of Commons, was the ^ Hansard, May i8tb, 1881. 154 GLADSTONE AND IRELAND cause for the introduction of the Bill. But one of the causes which rendered legislation necessary was the then condition of Ireland. In some parts of the country there actually existed civil war between landlords and tenants. Rent could not be collected except by the threat of wholesale evictions, and numbers of landlords were deprived of their just rights. He defended the methods of the Bill. " In my opinion," he said, " the law of Ireland has too long neglected to recognize the customary and equitable rights of the tenants. We have gone all this time on the assumption that the tenants in Ireland were able to protect their equitable rights, and that there ought to be freedom of contract. But we cannot do so now. We have to acknowledge that freedom of contract does not exist in Ireland, and that the tenants never have been, and are not now in a position to protect them- selves in the possession of their equitable rights. . . . The law has given everything to the landlord, and nothing to the tenant. . . . The Act of 1870 has been found practically inadequate, and what the Bill proposes to do is to supple- ment that Act by other and more direct provisions, intended to secure to the tenants their equitable and customary rights." Mr. Forster made an admirable speech, but without pre- senting any new view, as also did Mr. Bright. The latter was, I believe, the originator of the expression, " the prairie value of land in Ireland." In illustration of the position of tenants there, he said : " If all that the tenants have done were swept off the soil, and all that the landlords have done were left upon it, the land would be as bare of houses and farms, fences and cultivation, as it was in prehistoric times. It would be as bare as an American prairie, where the Indian now roams and where the white man has never trod." After this description it is difficult to understand how he arrived at the conviction which he affirmed to the House that rents would be reduced under the Bill in not more than one case out of ten. The views of the Ulster farmers were ably expounded by Mr. Macnagbten, k.c, then Member for Antrim, now Lord Macnaghten. While supporting the second reading of the BiU, but objecting to some of its details, he said that " it would be nothing less than a national calamity if the House THE LAND ACT OF 1881 155 did not put aside all party feeling and do its best to settle the question as speedily as possible." If I refer to my own speech on the occasion, it is only for the purpose of pointing out that what I have said above as to the best ethical defence of the Bill, and as to the necessity which existed for large reductions of rack rents, were equally the views which I then expressed. The general drift of the debate was greatly in favour of the Bill. A hostile amendment moved by Lord Elcho was rejected by a majority of 352 to 176, a proportion of 2 to i, in spite of the abstention of the PameUites. Twenty-four Home Rulers, thirteen Tory and fifteen Whig Members for Irish constituencies voted for the Bill, and only eight Irish Members voted with the minority against it. There was therefore an overwhelming weight of Irish opinion in favour of its main principles. The real difficulties of the measure were encountered in the Committee stage. It was there that Mr. Gladstone's incomparable skill and versatihty, knowledge of details of the subject, patience, tact, and dialectical powers were chiefly manifest. He had to face enormous difficulties, for though there was general admission that a reform of the Land Law was necessary, so as to give more or less protection to the tenants, there was great difference of opinion as to how this was to be effected. The English landowners and the great majority of the Tory Members hated the Bill, looked at it from the point of view of EngUsh law and EngUsh land tenure, and held it to be pure confiscation of the landlords' rights. The Irish Nationalists, on the other hand, thought it was inadequate to meet the grievances of the tenant farmers, and made every effort to extend it. It was a stupendously difficult task to steer the Mil between these two opposing forces, especially for a leader in his seventy-third year. I was better able to judge of this, for I Was one of a Committee consisting of Sir Farrer Herschell (the Solicitor-General), Mr. Hugh Law, the Irish Attorney- General, and Sir Henry Thring, the draftsman of the Bill, who Were asked by Mr. Gladstone to advise as to the amend- ments proposed to the Bill. We met every morning, during the passage of the Bill through Committee, examined the amendments which were likely to be discussed diu±ig the 156 GLADSTONE AND IRELAND sitting, and reported on them to Mr. Gladstone. But I am bound to say we were of very little use to him. We found that he knew more of the subject than all of us together. He was never for a moment at a loss how to meet his many opponents. He did the work almost alone through thirty-three sittings of the Committee, five days of the Report stage, and four more devoted to consideration of the Lords' Amendments. The record in Hansard gives a very inadequate impression of the difficulties encountered, and of the way in which Mr. Gladstone handled them. It was currently said that there were only two Members of the House besides himself who understood the details of this comphcated Bill, namely, Mr. Hugh Law and Mr. T. M. Healy, who won a great reputa- tion by the abiUty, legal knowledge, and dexterity of debate he showed in the discussions. It was generally thought at the time that the Irish Party were too critical, too hostile to the Bill, and too pertinacious in their amendments. But when comparison is made between the amendments which they pressed on the Government, with what has since been conceded by ParHament, after years of further demands from Ireland, and long agrarian agitation, it must now be admitted that they were justified in pressing them, and that they knew better what were the just needs of the Irish tenants than did their irresponsible critics. It would have been better for all parties, even for the landlords, as it turned out, if all the demands of the Irish Party had been con- ceded. Their amendments were directed mainly to the follow- ing points. They contended that the direction in the Bill as to the principle on which " fair rents " were to be awarded by the Land Commission was unsatisfactory, and that it was not clear that the rents would be fixed at a rate which would secure to the tenants the full value of the improvements effected by themselves and their predecessors. Mr. Healy did, in fact, succeed in obtaining a most im- portant amendment on this point. He moved a new clause to the effect that rent should not be charged on improvements. Mr. Law, the Irish Attorney-General, accepted the clause, without much discussion or demur, and it was adopted in the Bill, without discovery by the Opposition of its supremely important effect. But the clause embodying this principle is now recognized at its true value, and goes by the name of THE LAND ACT OF 1881 157 " Healy's clause." Apart from this direction, there was no definition of a fair rent. It was left wholly to the discretion of the Commission, and to the Judges on appeal. The Irish Judges, in construing the clause, gave it a meaning favourable to the landlords, which was not intended ; and later in 1897 Parliament was compelled to interfere, and to set aside the decision of the Judges. Pamell, therefore, was justified in his criticism of the Bill in this respect. Another main point insisted upon by the Irish Party was the necessity for dealing with accumulated arrears of excessive and unjust rents. They contended that the Commission should be empowered to reduce these arrears, in the same proportion as they reduced future rents. After much dis- cussion, the Government agreed to deal with the question. Mr. Forster moved and carried a new clause providing, on the joint application of the landlord and his tenants, for the advance, by way of loan out of the surplus funds of the Dis- estabhshed Church, of one-half of the arrears due by tenants paying rent of less than £30 a year, the interest and principal to be repaid by an addition to the rent spread over a terra of years. The Irish Members objected that it was insufficient and would not work, and so it proved in practice, for nothing came of the clause, mainly because the assent of the landlords was necessary. In 1882, the Government was compelled to deal with the subject in a far more drastic manner. The Irish Party, therefore, were fully justified in their demands. Another demand of Pamell and his followers had reference to leaseholders, who, they claimed, should be admitted to the benefit of the Bill. Here, again, a concession was made by the Government. A clause was inserted, providing that on the ter- mination of a lease, the tenant was to be entitled to rank as a tenant under the Act, and to have the benefit of a judicial rent, and perpetuity of tenure. The clause was rejected by the House of Lords, and was not insisted on by the Government. In 1887 the Government of Lord Salisbury gave way on this point, and admitted leaseholders at once, and not at the end of their leases, to the full benefit of judicial rents. It is clear, therefore, that the demands of the Irish Members should have been conceded in 1881. With respect to the Land Purchase clauses, the Irish Party urged the advance by the Government of the whole of 158 GLADSTONE AND IRELAND the purchase money to the tenant purchasers, contending that this measure, if restricted to the advance of three-fourths, would be ineffective. The Government resisted this demand. In 1885, under Lord Ashbourne's Act, provision was made for the advance of the whole of the purchase money, and the terms were successively improved by Mr. Balfour's Acts of 1891 and 1896 ; and Mr. George Wyndham's Act of 1903 goes beyond the demands of the Parnellites in 1881. Mr. Parnell and his followers also strongly objected to the Emigration Clauses, and suggested as an alternative the migration of small occupiers of land from the congested districts in the west of Ireland to the thinly peopled districts elsewhere, a measure which, rejected in 1880, was adopted later in the Acts passed by Mr. Balfour and Mr. Wyndham. It will be seen then that every one of the important amend- ments supported by Parnell, in the course of the discussion on the Land Bill, has since been adopted by Parliament. It may well be asked why they were not conceded in 1881 in defiance to the demand of the great majority of Irish Members. It is not to be gainsaid that the BiU was already heavily laden. There were many occasions when it was in great danger from attack by the Tory Party, backed up by a large section of Whigs in the House of Commons. The general effect of the proceedings in Committee was that some few amendments were conceded at the instance of the Irish Members favourable to the tenants, and that practically no concessions of importance were made to the landlords. The case for the Bill, however, was greatly strengthened by the long discussion. The third reading was carried by a very great majority, only fourteen Members voting against it. The Tory leaders and most of their followers abstained from voting : so also did Parnell and six of his followers ; but the bulk of the Irish Members voted for it. This acceptance of the Bill by so great a majority of the House of Commons had its effect on the House of Lords. It was vehemently attacked by the Duke of Argyll, who took the opportunity of comparing his recent colleagues, in an amusing sally, to a row of jelly fishes — "most beautiful creatures in the world, endowed with elaborate and delicate nervous systems, but hitherto found destitute of a skeleton or backbone." " They make," he said, " the most convulsive THE LAND ACT OF 1881 159 movements in the water, and, you see, the poor creatures think they are swimming, but when you take the bearings of the land, you find that they are floating with the current and with the tide." He then proceeded to tear the measure in pieces. Lord Lansdowne followed in the same strain. " This is not an attempt to remove imperfections from the existing law. It is an attempt to quell a grave rebeUion by the wholesale concession of proprietary rights to the peasantry of Ireland — a concession which has been extorted by violence and agitation. These rights we are asked to create." Lord Carnarvon, Lord Lytton, and a bevy of Irish Peers joined in denouncing the Bill. It was severely criticized by Lord Cairns, who admitted, however, that its main provisions must be accepted. It was ably defended by Lord Carhngford and Lord Selbome, and by the Irish Chancellor, Lord O'Hagan. One Irish landowner. Lord Dunraven, alone defended it in point of principle, but claimed that the landlords were entitled to compensation, while other Irish Peers, hke Lord Waterford and Lord Monteagle, denounced its methods, but could not take the responsibihty of voting for its rejection. Lord Salisbury, who since the death of Lord Beaconsfield had led the Tory Peers, inveighed against the Bill in the most trenchant terms. " It gave to the tenant the right to sell that which he had never bought, and to tear up contracts by which he was bound." He denied that it would be accepted in Ireland as a message of peace. Landowners would, in future, look upon Parliament as their worst enemy, and in view of recurring General Elections would be living in per- petual apprehension of earthquakes. These vehement de- nunciations were, however, only a presage to a complete surrender. He could not advise the House to reject the Bill. He gave the following reasons for this course. " The state of Ireland, the condition into which her popula- tion has been allowed to drift by the culpable leaders of the Executive Government, is a consideration which must greatly govern us in deciding on the course we shall take. If this l^iU is rejected on the second reading, we must, of course, remember that we have not in our hands the Executive Government. I confess, though with some reluctance, I have been led to the behef that it may be wise for us not to vote against the second reading of the Bill, but to see whether in 160 GLADSTONE AND IRELAND Committee we cannot remove from it some of its most glaring acts of impolicy, some of its greatest injustices." * Once again, therefore, the Tory Leader in the House of Lords, as his predecessors had done in the notable cases of Catholic Emancipation, Irish Tithe Reform, the Disestablish- ment of the Irish Church, and the Land Act of 1870, advised his followers to concede to agitation in Ireland and to violence and outrage what they denied to arguments founded on justice and reason. After debate extending over two days, the Bill was read a second time without a division. In the Committee stage the Government was powerless to prevent havoc being made of the clauses. Shoals of amendments were carried by majorities of about three to one, in the interest of landlords in Ireland, com- pletely altering the structure and effect of the BiU. Two sittings were occupied in this wrecking work. On the return of the Bill to the House of Commons, Mr. Gladstone, instead of moving the rejection en bloc of these amendments, asked the House to consider them seriatim and in detail. Four nights were occupied on this. Some concessions of no great importance were made, but substantially the Lords' Amendments were rejected. The House of Lords again dealt with the Bill in the spirit of " no surrender," and insisted upon their amendments. But in the end wiser and more prudent counsels prevailed, and after some negotiations between the leaders of the two parties some few concessions were made by the Government. It was unfortunate that the two main amendments of the Lords which were conceded by the Government were on points which, after long discussion in the House of Commons, the Government had accepted on the proposal of the Irish Party. The one was the clause admitting leaseholders to the benefit of the Act at the end of their leases. The other was a provision which gave some protection to tenants against being evicted for non-payment of rent in the interval between the application to the Law Courts and the fixing of the judicial fent. Apart from these, f this great and revolutionary measure passed almost in the sHape in which it W£LS originally introduced by Mr. Gladstone — 2l monument to his skill, versatility, dialectics, and tactics. It is safe to say that no other statesman of the century could have achieved * Hansard, August 2nd, 1881. THE LAND ACT OF 1881 161 such a success. The measure, indeed, as passed, had grave defects, which, from time to time, were remedied in later years, but its main principles — ^the independent valuation of rents as between l^dlords and tenants, the recognition of the tenants' permanent interests in their holdings, and of their right to assign them — have stood the test of experience, and have been recognized in Ireland as charters of the Irish tenantry. It has been the fashion, of late, in some quarters, to speak of this great measure as founded on error ; that it created a position of unstable equihbrium between two opposing parties, the landlords and the tenants, which necessitated its being superseded by a scheme for buying out the landlords, and turning the tenants into peasant proprietors. It is to be observed, however, that no scheme of purchase could have been adopted, without a preliminary valuation, determining the relative interests of landlords and tenants in the holdings, and this must have necessitated an arbitration by a Com- mission or a Court, and must have been based on the rent. A scheme of purchase also could not have been carried out all at once. It must have been spread over a long term of years. It would be impossible for the State to raise and advance 200 millions for this purpose within a short period, without greatly disturbing the money market, and raising the rate of interest, on which the whole scheme would be based. It has been found lately that not more than 5 millions a year can conveniently be raised by the State for this pmrpose, and at this rate forty years or more would be occupied by the trans- action. Meanwhile, the tenants waiting to be turned into owners would require protection from their existing rack rents. It was therefore absolutely necessary that there should be a process for determining fair rents, both as a basis for purchase, and as an interim protection pending the com- pletion of the scheme. It has undoubtedly been a defect of the Act of 1881 that it involved so much of legal exp«ise in determining the rents payable in 300,000 small tenancies. The process has brought a harvest to lawyers, and has been a burden to the smaller tenants. Much of this might have been avoided. When, in i886, the Scotch Crofter Act was passed, appl5ang the prin- ciples of the Irish Act to the crofters in the west and north of II 162 GLADSTONE AND IRELAND Scotland, instead of leaving it to each tenant to make his application to the Commission for a determination of rent, the Commission was directed to make personal investigation of districts, and to determine what rents should be payable in future by classes of tenants, and this arrangement avoided the process of individual litigation involved in the Irish case. It would have been far better to have adopted some such scheme in the case of the small tenants in Ireland. But the framers of the Act of 1881 proceeded under the belief that the applicants for judicial rent would be the exception and not the rule. These and other defects in the Act might have been avoided if there had been consultation with the Irish leaders before it was framed and introduced, or if more attention had been paid to their demands, when the Bill was in Committee. It cannot, in fact, now be denied that the main criticisms by Pamell and his followers of the Land Bill of 188 1, and their demands for its amendment and extension, which seemed at the time to be unreasonable and excessive, have been justified and confirmed by experience and later legislation. The moral to be drawn is that the best, and in fact the only safe guide for legislation for a community like Ireland, with separate interests and wants, is to be found in the demands of its representatives. This principle was adopted in the main by the Act of 1881, but it was not carried out sufficiently in detail. As a result, it failed to give satisfaction in most important respects, and, after further long agitation, had to be supplemented by other and more complete measures. It should be understood, however, that the Bill, as introduced by Mr. Gladstone, was already heavily freighted with a valuable cargo. If more had been put on board the vessel might have foundered. I recollect Mr. Gladstone pointing out to me, about this time, the great difficulty a Minister had in carrying successfully any great remedial measure involving much detail. The Minister in charge of it had first to meet objections raised in the Cabinet. Concessions had often to be made in order to get the consent of his colleagues. Later, the measure had to run the gauntlet in the Committee stage of the House of Commons, where it was often advisable to ease the position, and to ward off opposition, by making further concessions. Lastly, there was the House of Lords always THE LAND ACT OF 1881 168 hostile to Liberal measures and ready to mangle the Bill. Concessions had to be made, in considering their amendments, to avoid the loss of the Bill. The Minister was fortmiate if his measure escaped all these difficulties ; but in any case it was seldom that serious changes affecting its remedial effects were not imposed on him. In spite of its grave omissions, the Land Act was a very great and beneficial measure. It effected a revolution in the Irish land system, and prepared the way for a still greater one. The carrying of such a measure through a Cabinet in which there was no Irish representative, through a House of Commons in which the Irish Party was in so small a minority, and where the bulk of Members understood nothing of the Irish land question, and through a House of Lords, where the only Irish interest was that of the landlords, was a very great feat, perhaps the greatest, though not the most complete, in Mr. Gladstone's ^career. ' If it had not been handicapped by coercion it would have been received with enthusiasm by the Irish people ; and with some amendments it might have been a settlement of the question. " I must make one admission," said Mr. Gladstone in 1893, " and that is that without the Land League the Act of 1881 would not now be upon the Statute Book." ^ * Hansard, April 21st, 1893. CHAPTER XVI THE ARREST OF PARNELL IT was perhaps to be expected of Mr. Forster that, having obtained from Parhament the great and arbitrary powers of the Coercion Act, he would hold them in reserve for a time, while the remedial measure, the Land Bill, was being discussed in the House of Commons. It would probably have been wise policy to see what effect so great a measure of Land Reform would have on public opinion in Ireland. But this was not Mr. Forster's view of the position. He began as soon as possible to put his coercive law in force. He had obtained the consent of the House of Commons to the Act upon the assurance that it was aimed at "mauvais sujets" and " village ruffians/' who were the actual perpetratofs of outrages. The police, he had said, were fully cognizant who these persons were, and could lay their hands on them. Mr. Gladstone also had given his personal assurance that the Act would be put in force only as against the perpetrators and abettors of outrages, and not against those who by speeches, or combinations, advised and promoted breaches of contract as to rent. It was, however, soon discovered that the police were at fault in the assurances they had given, and that they were unable to lay their hands upon the actual perpetrators of crime. Mr. Forster divided the disturbed parts of Ireland into six districts, and put at the head of them men with the duties of magistrates and inspectors of police combined. They were invested with the power of putting persons in prison, who were under suspicion of being implicated in outrages. Some of them were men of singular indiscretion, and did much to aggravate local opinion by their arbitrary proceedings. Mr. Forster himself took infinite pains to prevent injustice 164 / THE ARREST OF PARNELL 165 being done, but he soon found that it was necessary to support his agents in their summary proceedings, and to defend their action in the House of Commons. By the end of April, forty persons were under arrest, and this number was doubled in another month. The numbers continually increased, till, in a few months, the total in jail exceeded eight hundred, in spite of numerous releases. It was obviously impossible that Mr. Forster could be personally responsible for the arrest and imprisonment of all these under his letires de cachet. He was obliged to leave the responsibility with subordinates. As a result large num- bers of persons were imprisoned, merely because they were connected with local Land Leagues, and without other evidence of their implication in outrages in their districts. This pro- duced a very bad effect. Disturbances and outrages increased, as had been foretold by objectors to the Coercion Act. From a letter of Lord Cowper to the Cabinet, in September,* it appears that the question of the arrest of the leaders of the Land League was then imder consideration. The letter is of great importance, for it shows that up to that date, in the opinion of the legd advisers of the Irish Government, the Land League was not an illegal association ; and also that the Government was not justified in arresting the leaders of the League for openly preaching and advising breaches of contract. Lord Cowper wrote : " There is no doubt that, in the opinion of many lawyers, the Land League is an illegal association, and if our law officers had shared this opinion, it might have been a grave question in the early autumn whether it should not have been put an end to. . . . To strike at the leaders is undoubtedly the right thing, and this is just what we have been accused of not doing. But openly teaching the doctrine of breach of contract, which is their real crime, does not, unfortunately, enable us to take them up. We are hampered in our action by an express agreement that we will not arrest any man, unless we can say, on our honour, that we believe him to have actually committed or incited to out- rage. This has at first prevented us from attacking the leaders as vigorously as we might have done, but latterly some of them have been less cautious, and we have also prevailed . ' Life of Paruell, I, 287. The date of this letter is not given, but it »s evident from the context that it was written in September. 166 GLADSTONE AND IRELAND upon ourselves to give a wider interpretation of our powers. For my part, I should be inclined to say that, in the present state of the country, everybody, who takes a leading part in the Land League, does, by the very act of doing so, incite to outrage. And there is now hardly anybody, whose detention pohcy would demand, that I would not personally arrest." In another part of the letter there is an important admission as to the Land League. ** If," he writes, " the restraining influence of the central Land League were withdrawn and the local branches were driven to become secret societies, crime, and especially assassination, might increase ; for though the central body gives unity and strength to the movement, it does to a certain extent restrain crime." Any scruples, however, which Mr. Forster may have had on the subject of arresting the leaders of the Land League under the Coercion Act were soon dissipated. He had begun early by arresting Mr. Boyton, the Secretary of the League, and Mr. Brennan. A little later, and during the oSscussion on the second reading of the Land Bill in the House of Commons, he arrested Mr. Dillon, who had taken the place of Davitt as general manager of the Land League. Later he authorized the arrest of the leading men of local Land League Committees in every part of the country. It soon became a distinction to be arrested and imprisoned as suspects. The suspects on release from prison were met with ovations. They became local heroes. Twenty-one ex- suspects were elected as Members of Parliament at the next General Election in 1885. Their treatment while in prison had nothing of severity. They were not ranked with ordinary prisoners and subjected to prison fare and prison clothing. They were allowed to see their friends and to communicate freely with them. The Land Act received the Royal Assent on August 22nd. From Mr. Gladstone's letters it appears that very soon after he began to urge on Mr. Forster a policy of conciliation in Ireland, and a mitigation of the arbitrary imprisonments under the Coercion Act. He had not, indeed, much hope of the effect of this on the leaders of the Land League, but he looked to the more generail effect, in combination with the working of the Land Act. Mr. Forster does not appear to have responded to these suggestions. THE ARREST OF PARNELL 167 On September 14th a Land League Convention was held in Dublin, at the Rotunda, for the purpose of determining the action to be taken as regards the Land Act. It was a remarkable assembly. It was attended by delegates from more than a thousand local Land League associations in every part of Ireland. It was a truly representative body of the tenants. Orangemen from Ulster, descendants of the Cromwellian settlers, sat beside the more fiery men from the south and west. One feature of the meeting was the large number of priests who spoke in favour of the Land League. There was much difference among the delegates as to what should be done under the Land Act, and what should be the attitude of the Land League, and the tenants generally, to the Land Commission, which was about to open its proceed- ings. Many of the delegates were of opinion that the tenants should be advised to shun and boycott the Commission, and treat the Land Act as a farce. They held that the League should continue to apply its methods, which they believed would be more efficacious in compelling a reduction of rents than the Land Commission. Others, and the larger number, were of opinion that a fair trial should be made of the Land Courts. Parnell, who was in the chair, advised a course between these two extremes. The duty of the League, in his opinion, was to watch the proceedings of the Land Courts, to study their actions by test cases, and to see, as far as lay in their power, that justice was done to the tenants. At his instance, a resolution was adopted that the Act should be tested by selected cases of application for reduction of rents, and, pending decision on them, that the tenants should be advised not to apply to the Land Court. " Nothing," said Pamell, " could be more disastrous to our case, or our organization, and to your hopes of getting your rents reduced, than any indiscriminate rush of the tenantry into the Land Courts, and it is with a view to prevent this that we desire to take the tenantry in hand, and to guide them in this matter, because, depend upon it, if we don't guide them for their advantage, there will be others who will guide them for their destruction." A few days after this Convention a popular demonstration took place at Dublin, in honour of Parnell, of a most enthusiastic cheiracter. Never, indeed, had Parnell received 168 GLADSTONE AND IRELAND a greater ovation. It was the apogee of his fame. He was drawn in triumph, through the Dubhn streets, from the station to the offices of the Land League, accompanied by an enormous crowd carrying torches. On the day of this great popular ovation to Pamell at DubUn, Mr. Forster, incited by the previous proceedings at the Dubhn Convention of the Land League, wrote to Mr. Gladstone, suggesting that Mr. Pamell should be arrested under the Coercion Act. Mr. Gladstone was, in a few days' time, to be present at a great political demonstration at Leeds, where he was expected to make an important speech, defending the past policy, and explaining the future intentions of the Government. Mr. Forster sug- gested that he should take the opportunity of denoimcing Pamell's action and policy. Mr. Gladstone, acting with the greatest loyalty to Mr. Forster, made a very strong speech at Leeds on October 7th. He attacked Pamell, compared him unfavourably with O'Connell, and accused him of pro- claiming a gospel of plunder. Pamell, he said, after doing everything he could to destroy the Land Act, was now urging the people of Ireland to test the Act and not to use it. " The people of Ireland, we beheve, desire, in conformity with the advice of patriots and of their Bishops and best friends, to make a full trial of the Act, and if they do make a full trial of the Act, you may rely uf)on it, it is as certain as hirnian contingencies can be, to give peace to the country. . . . If it should appear that there is still to be fought a final conflict in Ireland between law, on the one side, and lawless- ness, on the other — if the law freed from defects is to be rejected and refused, the first condition of political security remains unfulfilled, and then I say, without hesitation, the resources of civilization are not yet exhausted." He pro- ceeded to complain of the want of support to the efforts of the Government from the landlords and other classes threatened, and made the admission that the Government were expected to keep the peace with no moral support behind them. Pamell made a passionate reply to Mr. Gladstone, in which he made a full use of the admission that the Government had no moral force behind them in Ireland. Speaking two days later, on Sunday, October 9th, at Wexford, where he met with a most enthusiastic and even frenzied reception, he said : THE ARREST OF PARNELL 169 " You have gained something by your exertions during the last twelve months; but I am here to-day to tell you that you have gained but a fraction of that which you are entitled to. And the Irishman who thinks that he can now throw away his arms, just as Grattan disbanded the volunteers in 1789, will find, to his sorrow and destruction, when too late, that he has placed himself in the power of the perfidious and cruel and relentless British enemy. . . . " It is a good sign that this masquerading knight-errant, this perfidious champion of the rights of every other nation, except those of the Irish nation, should be obUged to throw off the mask to-day, and stand revealed as the man who, by his own utterances, is prepared to carry fire and sword into your homesteads, unless you humbly abase yourself before him and before the landlords of the country. . . . " In one last despairing wail Mr. Gladstone says that the Government is expected to preserve peace with no moral force behind them ! The Government have no moral force behind them in Ireland ; the whole Irish people are against them. . . . He admits that England's mission in Ireland has been a failure, and that Irishmen have established their right to govern Ireland by laws made by themselves." On the same day Mr. Forster, before reading the report of this speech, wrote to Mr. Gladstone : " Parnell's reply to you may be a treasonable outburst. If the lawyers clearly advise me to that effect, I do not think that I can postpone immediate arrest on suspicion of treason- able practices." The letter is the more important as it shows that, up to that date, there was not sufficient justification for arresting Patmell under the Coercion Act. The Law Officers in Ireland must have given their opinion on the above speech on the succeeding Monday. On Tuesday Forster crossed the Channel to attend a meeting of the Cabinet on the Wednesday, when, after five hours of deliberation, it was decided to give orders to arrest Pamell. On the following morning the Irish Leader was arrested at Morrison's Hotel, Dublin, and was conveyed to Kilmainham. Later, on the same day, Mr. Gladstone re- ceived the Freedom of the City of London, at the Guildhall. in the course of his speech he made the dramatic announce- "lent that Pamell had been arrested. " Within these few 170 GLADSTONE AND IRELAND minutes," he said, " I have been informed that towards the vindication of the law, of order, of the rights of property, and the freedom of the land, of the first elements of political life and civilization, the first step has been taken in the arrest of the man, who has made himself pre-eminent in the attempt to destroy the authority of the law, and substitute what would end in being nothing more than anarchical oppression exercised upon the people of Ireland." The announcement was received with immense enthusiasm, and with salvos of applause, almost, it was said, " as if it had been the news of a signal victory gained by England over a hated and formidable enemy." It is clear, from Mr. Gladstone's speeches at Leeds and the Guildhall, that the cause of the arrest of Pamell was not his alleged treasonable language at Wexford ; but that he had endeavoured to set himself above the law, and had advised the Irish tenants not to rush promiscuously to the Land Com- mission, for the determination of their rents, but to submit, through the Land League, test cases. " We arrested Pamell," said Lord Cowper to Mr. Barry O'Brien, " because we thought it absurd to put lesser men into jail and to leave him at large. Furthermore, we thought that his test cases would interfere with the working of the Land Act."^ Dillon, Sexton, and O'Kelly were arrested at the same time as Parnell, and warrants were issued for the arrest of Healy, Arthur O'Connor, and Biggar. By the express instruction of Parnell these last three avoided arrest, by remaining in England and not returning to Ireland. Looking back at these proceedings, it is difficult for us now to justify the arrest of Pamell, and his imprisonment under the Coercion Act, for advising the tenants of Ireland not to rush hecldlong into the Land Courts, but rather to submit test cases to the Courts through the medium and advice of the Land League. It may well be asked whether the advice given to the tenants was reasonable or not, under the circum- stances. It has been already pointed out that many leading members of the Government, including Mr. Gladstone, had ex- pressed the confident opinion that landlords generally would not suffer in the reduction of their rents by the Commission, In the view of Pamell and the Land League, so far from * Life of Parnell, I, 342. THE ARREST OF PARNELL 171 rack-renting being the exception, it was almost universal, and no settlement could be satisfactory which did not result in a large and general reduction of rents. The process of ascertainment of values, and the determination of rents would necessarily be a slow one and a costly one. Under these cir- cumstances it would seem that the course suggested by Pamell was not only not unreasonable, but was a wise one. The Commission could have been tested by a few leading cases. If satisfactory reductions were made agreements might have been arrived at between landlords and tenants, subject to confirmation by the Land Court. In this way much delay, and a great expenditure on legal costs, might have been avoided. We must conclude that the imprisonment of Pamell was not justified by the terms of the Coercion Act, and still less by the Parliamentary assurances, and that it was unwise and unnecessary, even from the point of view of the Govern- ment, in the interest of the Commission, which they hoped would lead to a pacification of Ireland. Whatever the justification in law and policy, this high- handed and arbitrary act of imprisoning the leader of the Irish Party produced the very worst effect in Ireland. In Dublin there were riots, and serious conflicts between the people and the poUce. Everywhere the greatest indignation was expressed. In many parts of Ireland shops were closed, as in the case of general mourning. Pamell took the treatment with philosophic composure. On being asked in Kilmainham by other suspects there what led to his arrest, he replied : " Forster thought that I meant to prevent the working of the Land Act, so he sent me here to keep me out of the way. I don't know what he will gain by this move."^ And to a pressman who interviewed him he said : " I shall take it as evidence that the people of the country did not do their duty if I am speedily released." Five days after the arrest of Pamell a meeting was held at the Central Branch of the Land League on October i8th. A manifesto to the Irish people was agreed upon. " The executive of the National Land League," it ran, forced to abandon the policy of testing the Land Act, feels bound to advise the tenant farmers of Ireland from hence- forth to pay fw rents under any circumstances to their land- 1 Life of Parnell, I, 315. 172 GLADSTONE AND ffiELAND lords until the Government relinquishes the existing system of terrorism and restores the constitutional rights of the people. . . . The funds of the National Land League will be paid out unstintingly for the support of all who may endure eviction in the course of the struggle. . . . Our exiled brothers in America may be relied upon to contribute, if necessary, as many millions of money as they have already contributed thousands to starve our landlords and bring English tyranny to its end. ** Landlordism is already staggering under the blows which you have already dealt it with the applause of the world. Pay no rents under any pretext. ... No power of legalized violence can extort one f)enny from your purses against your will. If you are evicted you shall not suffer. The landlord who evicts will be a ruined pauper, and the Government, which supports him with its bayonets, will learn in a single winter how powerless is armed force against the will of a united, determined, and self-reliant nation." This manifesto was written by WiUiam O'Brien at the instance of Ford and Egan. It was signed by Pamell, Dillon, Sexton, Kettle, and Brennan, who were in Kilmainham Jail, and by Egan, the Treasurer of the League, at Paris. Dillon is said to have been strongly opposed to it. Pamell also was against its issue in the first instance. It was submitted to a vote of the leaders in Kilmainham and was agreed to by a majority. The minority then signed it. Davitt's name was appended to the document without his knowledge. He was in Portland Jail, and could not be communicated with. Later he expressed his strong disapproval. He had been in favour of such a course at a certain stage of the land struggle, but now " with the leaders of the movement the Chief Secretary's prisoners, and the new land system coming into operation, the no-rent shell fired from Kilmainham could only demoralize and could not explode. Its fuse had fallen out." " A strike against rent," Dillon is reported to have said, " cannot be carried out without the consent of the Bishops and priests. And the priests cannot support so barefaced a repudiation of debt as this. Rome would not let them." The issue of the " No Rent " manifesto was followed im- mediately by a proclamation of the Irish Government, signed by Mr. Forster, declaring the Land League to be an illegal THE ARREST OF PARNELL 178 association, on the ground that it assumed to interfere with the Queen's subjects in the free exercise of their lawful rights, and especially to control the relations between landlords and tenants in Ireland. It may be doubted whether this was a legal proceeding authorized by law. Two State prosecutions had failed to convict the Land League of a violation of the law, and there was no clause in the Coercion Act authorizing its suppression. But whether strictly legal or not, it was not matter for surprise that the Government should reply to Pamell in this way. The '' No Rent " manifesto was one of the gravest errors of Pamell's poUtical career. There was something almost burlesque in the action of men, who had just been imprisoned, calling on the tenants in Ireland to abstain from payment of rent tiU they were released from jail. Nothing could justify such a course but its complete success. If the tenants as a body had acted upon it, this would have been a most striking demonstration of the strength of the movement and the power of its leaders, and would have placed the Government in grave difficulties and embarrassments. But it was not so. What Dillon had anticipated came about. The Catholic Bishops and priests rejected the poUcy and denounced it from their altars. The tenants as a body ignored it and paid their rents. There were some districts where it had effect. There were large bodies of the poorer tenants in the west of Ireland who, by the previous advice of the Land League, were already refusing to pay full rent and arrears without deductions, and who were now confirmed in their action by the new manifesto. The position in these districts was greatly aggravated. Land- lords felt themselves justified in proceeding against these tenants for full rents and arrears, on the ground that the " No Rent " pohcy was being carried out. The agrarian war, therefore, was intensified and social disorder was increased, without any political advantage to the Nationahst cause. Enghsh opinion also was greatly incensed by the " No Rent " circular. The arrest of Pamell and the leaders of the Land League was followed by the arrest of the local leaders of the League in the disturbed parts of Ireland, and the Coercion Act was used without scruple in aid of the landlords for collection of rents, however excessive they might be. The assurances 174 GLADSTONE AND IRELAND given by the Government when the Act was under discussion were flung aside, and jails were filled with men, arrested not for suspicion of crime, but because they were prominent in agrarian disputes as to rent. Evictions were multiphed. Outrages increased in number. Secret societies were stimulated, and took the place of the open agitation of the League. CHAPTER XVII COERCION IN MAYO AND GALWAY IN January, 1882, at the suggestion of Mr. Forster, I paid a visit to Ireland. He wished me to form an opinion as to the then condition of the country, and the administra- tion of the Coercion Act, with a view to discussion in the House of Commons. He thought it possible I might succeed him in the post of Chief Secretary, of which, as we now know, he was then contemplating resignation. I spent a few days at his house in the Phoenix Park. During this time I occupied myself in seeing as many persons as was possible of different parties and opinions in Dublin. My official position, as member of a Government, which was then enforcing coercion in Ireland, made it impossible for me to have any conununication with representatives of the Nationalist Party ; but I met men of all other grades of opinion. The period was one of the greatest gloom in Ireland. Most of the prominent leaders of the Nationalist Party were in prison as suspects, under the Act of 1881. The manifesto issued by the Land League, advising tenants of Ireland to refrain from pajdng rent until their leaders were released, was still in circulation. In most parts of the country it had pro- duced no effect. Where landlords made reasonable reductions of rent to meet the bad seasons they were obtaining their rents. - Where arrears had accumulated, and landlords were pressing for their full rents, there was a firm determination, on the part of the tenants, to refuse pa5niient. Many land- lords, who would perhaps have been willing to deal generously with their tenants, were induced by the " No Rent " circular to press their claims to the utmost. Agrarian crimes and outrages were alarmingly frequent throughout the west and south of Ireland, and since the Coercion Act they had increased 175 176 GLADSTONE AND IRELAND in number and gravity. The Land Commission had recently begun its work of reducing rents. The Irish leaders had advised the tenants not to apply for judicial rents in great numbers, but to wait till certain test cases should be decided. This advice, however, was not generally followed. Immense numbers of tenants had made applications to the Court, and a small proportion of them had been dealt with. The decisions of the Commission had already given more or less satisfaction to those who had applied. On the other hand, many landlords were alarmed at these reductions, and were the less inclined to make any abatement of arrears of rent owing to them. By threatening to insist on the payment of arrears they were able to prevent their tenants going into Court for a reduction of rent. I found a growing feeling among moderate men, that the imprisonment, under the Coercion Act, of the leaders of the Irish Party, and of the local leaders in rural districts, was a grave mistake. They held also that the shutting up without trial of so many hundreds of the local leaders under the plea that they were " village ruffians " was of little avail in quieting the country. There was reason to believe, in spite of every care and precaution taken by Mr. Forster, that many persons were thus dealt with only to gratify the caprice of local authori- ties, or because they were obnoxious to the local landlords. After a few days spent in informing myself of opinions in Dublin, I went, at the suggestion of Mr. Forster, to the west of Ireland, with the object of personally seeing what was then considered the most disturbed part of the country. I first visited Lord Dillon's property in Mayo and Roscommon. It was one of the largest in the west of Ireland, consisting of 85,000 acres, with about 4500 tenants. The holdings of the vast majority of these people did not average more than ten acres. They were, in fact, labourers rather than farmers, migrating to England and Scotland during the summer months, either for harvest work, or for work in the brickfields, or other work which required additional hands during a part of the year. They returned home in the autumn in time to dig their potatoes, and did not leave again till after the planting in the spring of the next year. Their rent was wholly paid out of the earnings which they thus made. They were an indus- trious and thrifty set of men, and though their standard COERCION IN MAYO AND GALWAY 177 of living was low, their children were healthy, and grew up into strong and vigorous men. The depression of agriculture and of trade in England had told very heavily on these men. Great numbers of them had been unable to find their usual employment in England, or had returned with very much less than the average of savings. These two causes had brought them into great difficulties, and they were in heavy arrears of rent. Lord Dillon's agent, Mr. Strickland, resided in a part of the family mansion, in the middle of one of the largest and most beautiful parks in the west of Ireland. The house, with the exception of that part of it occupied by the agent, was unfurnished and dilapidated, and no member of the Dillon family had resided there since the beginning of the nineteenth century. During these eighty years they had drawn their large rental from the district, and had spent it in England. No capital had ever been expended by them in improving their Irish property, unless it were money lent by the State for drainage, for which the tenants had paid interest. Every improvement which had gradually brought the land into cultivation from its original condition of waste bog had been effected by the tenants. All the houses and buildings had been erected by them. When Arthur Young visited this district near the end of the eighteenth century the rental of this estate was £5000 a year. This had been gradually increased to £24,000, the nominal rental when I was there. This, it was stated, was far beyond the real value of the land, and could only be paid out of the earnings saved by the tenants, during their yearly visits to England. None of the functions of landowners, as generally understood and acted upon in England, had ever been performed by the Dillon family. They had not, however, followed the example of many other landowners, of this part of Ireland, in clearing their property of the smaller tenants, and turning the land into large holdings and grazing farms. Mr. Strickland told me that in average years, when the tenants could get employ- ment in England, the rents were well paid without deduction, but that in bad years when the potatoes failed, or when employment fell short in England, rents could not be paid, and it was necessary either to make large abatements or to allow arrears to accumulate. At the time of my visit to this district Lord Dillon had 12 178 GLADSTONE AND IRELAND offered no abatements of the rent and arrears then due. The agent justified this on the ground that the Land Commission would certainly make large reductions of rent in the future which he considered would be unjust, and, in fact, confiscation, and that the only way of meeting the " No Rent " manifesto was to insist upon the full payment of what was due. He said that the tenants were refusing to pay any rent, and he attributed this to the advice of the Land League. He admitted, however, that there had been a great failure of employment in England for these migratory labourers, owing to the great depression of agriculture, and the bad season of 1878-9, and, generally, to the depression of trade. He also allowed that the tenants had suffered much from the wet years of 1878, 1879, and 1880, when their potatoes had failed, and it had been impossible to dry the turf, and that, consequently, the pressiure upon them was very great. He represented the district to be in a most lawless state. Notices were at the very time posted up caUing a Land League meeting in the park itself, and a large body of police was expected for the purpose of suppressing this gathering. The contrast between this beautiful park and its deserted mansion and the small holdings and cabins, by which it was surrounded, was very striking. From Lord Dillon's property I drove to Tuam. I had intended to stop at two or three of the small towns on the way for the purpose of making inquiries, but there was not a single person in them to whom Mr. Strickland or the police could give me a recommendation. It was alleged that the people of these small towns were even more disaffected than those of the country round them, and that I could not obtain from them any information of value. At Tuam I made the acquaintance of the Catholic Arch- bishop, Dr. MacEvilly, and had an interesting conversation with him on the state of the country. He was very much opposed to the " No Rent " circular. He considered it most unjustifiable and immoral, and the cause of untold mischief; but he held that a grave error had been committed by the Government in arresting the leaders of the Irish Party. He thought that Mr. Gladstone and Mr. Forster should have had greater faith in their own remedial measure, the Land Act. If this were supplemented by one dealing with arrears of rent, he had the utmost confidence the country would be quieted, COERCION IN MAYO AND GALWAY 179 but it would be necessary also to release all the suspects. From Tuam I drove to Athenry, where I met Mr. Blake (now Sir Hewry Blake), then one of the chief inspectors of the Irish Constabulary, recently appointed by Mr. Forster, and later Governor of several colonies. I drove with him from Athenry to Loughrea. At Loughrea I found myself in the centre of the Clanricarde property, which extends from Athenry to Portumna, a dis- tance of nearly thirty miles, intermixed, however, with other properties such as those of Lord Dunsandle, Sir Henry Burke, and Mr. Lewis. The whole town of Loughrea belonged to Lord Clanricarde. My position, as the friend of Mr. Blake, made it most difficult for me to get any information from independent sources. It was not, however, impossible to pick up some facts, even in quarters friendly to the Government, and to the landlord interest, which threw much Ught on the condition of the district. Lord Clanricarde's property consisted of about 52,000 acres, with 1900 tenants, and a rent roll of ;f 25,000 a year. He had never visited the estate since he came into possession of it, in 1873, except once, when he came over from England to the funeral of his father. He had drawn this great income from it, without ever expending an5rthing in the way of im- provement. He had left uncompleted the great mansion commenced by his father in Portumna Park, a most beautiful and romantic demesne of great extent. He lived in London, but his tenants did not know his address. He never answered any letters forwarded to him through his agent. Very grave complaints were made on the part of the people of Loughrea, even those favourable to the landlord party, of Lord Clanricarde's treatment of them. It was said that he refused to do anything which would lead to the improvement of the district, or to the prosperity of his tenants. In spite of bad times, and of the severe depression of agriculture, he had refused to make any general abatement of rent. He had, however, in response to a petition from the tenant farmers, promised not to press them unduly, but to allow what rent they were unable to pay to go to a suspense account, and to he treated as arrears. It was alleged that he had not kept even this meagre promise, and that the tenants were unduly pressed for rent. It is fair to add that the rents were not 180 GLADSTONE AND IRELAND considered to be high, as compared with those of other land- lords in the district. This was claimed as a justification for not making general abatements in bad seasons. The passing of the Land Act of 1881, and the action of the Nationalist leaders in the issue of the ** No Rent " circular, were also alleged as reasons for refusing any concessions. Most of the other landlords of the district were also absentees. Of the few who resided there, some were represented to be very deficient in those personal qualities and habits which create respect and confidence among the people. In this respect, it was said, there was a very great contrast with what in past times had been the condition of the gentry in this part of Ireland. There could be no doubt, from what I heard in the district, that the landlords — whether through ignorance, as absentees, of the true condition of things, or other reasons — had not met their tenants during recent bad times in a reason- able spirit of concession. The tenants were pressed for rent which they could not possibly pay ; abatements were refused ; arrears of rent accumulated ; evictions were carried out, or were threatened, on a large scale ; resistance followed ; combinations, for the most part secret, took place ; outrages and crime became frequent — the work of individuals driven to despair, or inspired and incited by secret societies and Ribbonmen. Nearly a hundred persons in this district alone had been arrested and sent to prison, under the Coercion Act of 1881, without trial — not, as I was assured, for complicity in actual crime, but for connection with combinations which insisted on abatements of rent. Among them were many of the leading tradesmen of Loughrea. Their arrest and detention had not quieted the district, but rather the reverse. The worst out- rages and murders took place after the arrest of these people. Meanwhile the great remedial Act of 188 1 was not receiving a fair chance, as great numbers of the tenants were unable to go into Court for a reduction of rent, on account of the arrears which hung round their necks. I came to the conclusion that the question of arrears was a most pressing one, and that it was hopeless to expect the district to be quiet, until a measure were passed dealing with them. My visit to the district of Loughrea was cut short by pro- ceedings of a very strange and exceptional character, which COERCION IN MAYO AND GALWAY 181 opened my eyes as to what was possible under the Coercion Act. Mr. BlaJke informed me that he had received instructions from the Government in DubHn to search the two towns of Athenry and Loughrea for arms and treasonable correspond- ence, which there was reason to beheve would be found there. For this purpose a large body of military and poUce were collected in the neighbourhood, and he proposed to surround the two towns, at daybreak, and to carry out his task. Telegrams on this subject were continually passing between Mr. Blake and the authorities at Dubhn Castle, and the morning was already fixed, when the proceedings were to take place. I felt that it was undesirable that a Member of the Govern- ment should be present on the occasion, the more so as Mr. Blake thought it not impossible that the proceedings would result in a serious disturbance. I therefore left Loughrea on the day previous to that on which this manoeuvre was to be carried out. The operation was carried out on the morning after my departure, in the manner intended. The two towns were surrounded by a large force of police, and a great number of houses were entered and searched by them. Nothing, however, was found of the smallest importance. This was only what was expected by Mr. Blake, for the cipher tele- grams which he had received from the Dublin Castle authori- ties were so ill constructed — only a few of the most important words being in cipher — that nothing was more easy to an intelligent person than to make out the purport of the messages. The head of the post office at Loughrea was said to be in the interest of the Land League, and Mr. Blake thought it probable that the intentions of the Government would be discovered, and made known to the local Land League, and that conse- quently arrangements would be made to make the search fruitless. Whatever the cause, the operation was a failure, and no discoveries were made of arms or treasonable corre- spondence. That such proceedings could take place in any part of the United Kingdom, that they were submitted to without disturbance, and that no notice was taken of them by the English Press, impressed me not a httle. My observations in this district, added to the information and opinions I had obtained at Dublin, led me to the conclusion that the policy of coercion, as carried out under the Act of 1881, 182 GLADSTONE AND IRELAND was a grave error, and that more especially mistaken had been the arrest and imprisonment, without trial, of the leaders of the Nationalist Party. These measures had greatly aggravated the position, and had prevented the great remedial measure, the Land Act, of the same year, from having effect in quieting the country. This Act also, however beneficial as regards the future, was defective as regards the past, in not having dealt with the question of accumulated arrears of rent. So long as these arrears hung round the necks of so large a proportion of the smaller tenants, placing them completely at the mercy of their landlords, and preventing them from going into the Land Court for a reduction of future rents, it was impossible to expect that the tenants would be satisfied, or that order would be restored. On the other hand, I was equally impressed by the mischief effected by the " No Rent " circular. It had greatly aggravated the ill-feeling between landlord and tenant. It was used as a justification by many landlords for refusing to make abatements, and for pressing for arrears. On my return to Dublin I submitted these views to Mr. Forster. I suggested to him that the wise course would be at once to release from prison the suspects, and to apply to Parliament for a measure to relieve the tenants from a great part of the arrears of rent, which had accumulated during the bad seasons of 1878-80 ; and that subject to these measures it would be possible to support the landlords to the utmost power of the ordinary law against the " No Rent " movement. The agrarian outrages, I contended, had their origin in the agrarian difficulty, and this arose chiefly from the action of many of the landlords in pressing for arrears of excessive rent. I held that when this difficulty was removed, and when it was made clear and certain that the Government would, subject to this and to the Land Act of 188 1, support the landlords in the collection only of just rents and reduced arrears, the *' No Rent " circular would be completely defeated, and agrarian outrages would cease. As a first condition, however, to a better state of things, it was necessary that the suspects should be let out of prison, with the exception of those against whom there was certain evidence that they had been guilty of actual crime. I was unable to convince Mr. Forster of this view of the position. He said that the Government were quite unable to devote any considerable part of the time of the coming COERCION IN MAYO AND GALWAY 183 Session to another Irish measure, such as one deahng with arrears of rent, and he disagreed with me absolutely as regards the policy of releasing the suspects. Indeed, he declined to discuss the question further with me. On my return to London I did not feel free to communicate my views to Mr. Gladstone. My visit to Ireland, on this occasion, suggested to me for the first time grave doubts whether the system of administra- tion of that country, known as the Castle Government, and its relations to the Imperial Parliament, were beneficial or defen- sible. The logical sequence of events seemed to me to be very distinct. The neglect of remedial measures for Ireland by the Imperial Parliament was due to want of knowledge, and want of time, and to failure to consult the majority of Irish Members. This neglect resulted in disturbances and outrages of an agrarian character. These outbreaks were seized on by the Irish officials as an excuse for resorting to their well-worn policy of coercion. Coercion was used locally, in the interest of landlords, to support their extreme rights, and, consequently, only aggravated the evil, and led to an increase of outrages. Parliament was then compelled to apply remedial measures; but the remedial measures lost a great part of their efficacy in appeasing public opinion in Ireland by the long delay, and by being connected with coercion. I came to the strongest conclusion adverse to coercion, and I determined that I would never myself be responsible, in the future, in any position connected with the government of Ireland, for renewing or administering a Coercion Act. A few weeks after my visit to Loughrea, Lord Clanricarde's agent, Mr. Blake, was brutally murdered. He was driving on a Sunday morning into Loughrea with his wife and servant, on an Irish car. About half a mile from the town two shots were fired from behind a stone fence, and Mr. Blake and the driver were killed on the spot. Mr. Blake was seventy years of age, and had filled the post of agent of the Clanricarde estate for many years, and, until within a recent period, had not been unpopular in the district. Great complaints, how- ever, were prevalent as to his conduct to the tenantry, during the two years previous to the murder. It was said that he was personally responsible for the refusal of Lord Clanricarde to make any abatements of rent, during the period of depres- 184 GLADSTONE AND IRELAND sion. His widow proposed to vindicate his memory by pub- lishing his correspondence with his employer, with the object of showing that he had received express instructions to insist upon the pa5mient of full rent, in spite of his own advice that abatements should be made. His employer, on being informed of Mrs. Blake's intention, obtained an injunction, in the Law Courts in Dublin, prohibiting her from making any use of her late husband's correspondence with him.i * A part of this chapter was included in Incidents of Coercion, a journal of visits to Ireland, published in 1888. CHAPTER XVIII THE KILMAINHAM NEGOTIATIONS THE imprisonment of Pamell and other leaders of the Land League, and the suppression of the League itself, was followed by the creation of a new agency for carrying on the same work with far greater activity, and more bitter hostility to the Government, under the name of the Ladies' Land League. It was presided over by Miss Anna Pamell, who, with her sister, Miss Fanny Pamell, were much more extreme in their views and objects than their brother, the Irish leader. This Ladies' League had been founded by Davitt some time before, with a view to the possibility of the suppression of the main Land League, and was now ready to take its place. Though Davitt was in Portland Prison during the period of its activity, he made himself fully acquainted with its proceedings, when he was released, and must be accounted as a good authority on the subject. The following is his description of the work of the Ladies' Land League, between the arrest of Pamell and his release six months later. " Boycotting, more systematic and relentless than had ever yet been practised, was the weapon with which the Ladies' Land League were to fight Forster, and to beat him. The responsible League leaders, now in prison, had, to some extent, checked, where that was possible, extreme boy- cotting. The line was drawn at violent intimidation. Out- rages were never encouraged except by eccentric characters, or wild men, who held no responsible position, and exercised no mfluence, while the meetings of the local branches gave some stability to the movement in rural districts, and offered opportunities for venting angry feeling by the channel of speeches and resolutions. Mr. Forster put these restraining i8s 186 GLADSTONE AND IRELAND powers and influences down, by imprisoning those who wielded them, with the result that for the one thousand or more local leaders whom he had arrested as suspects, double that number of less careful and less scrupulous men volunteered, in one form or another, to carry on the fight of the League, on more extreme lines, under the encouragement lent to their efforts by a body of patriotic ladies in Dublin, led by the sister of the imprisoned national leader. 1 . . . " It was neither the business nor the desire of the Ladies' League to inquire too closely into the motives or methods of those who, driven from open combination and public meet- ings, resorted to such expedients as were available in carrying on the fighting policy of the movement. That was Mr. Forster's doing, and not that of Miss Parnell. Her purpose and policy were to render Ireland ungovernable by coercion, and this she and her lieutenants succeeded completely in doing. . . . The system of operations of the Ladies' League was perfect in its way. Thanks to the continued generous help from America, and also from Australia, they were supplied with abundance of money by Mr. Egan from Paris. Agents passed to and fro between the Treasurer of the League and the new League government. Organizers of both sexes were employed to distribute copies of the ' no-rent ' manifesto throughout Ireland, to visit the new local leaders, to organize opposition at process-serving and evictions, and to encourage and stimulate resistance and intimidation. The evicted families were looked after as usual, and the relatives of sus- pects were supported by grants from the central office. In fact, under the nose of Mr. Forster, and in utter de- fiance of his most strenuous application of the arbitrary powers at his disposal, everything recommended, attempted, or done, in the way of defeating the ordinary law and asserting the unwritten law of the League, except the holding of meet- ings, was more systematically carried out, under the direction of the Ladies' executive, than by its predecessors in existence and authority. The result was more anarchy, more illegality, more outrages, until it began to dawn on some of the official minds that the imprisonment of the male leaders had only made confusion worse confounded for Dublin Castle, and made the country infinitely more ungovernable under the ^ Miss Anna Parnell. THE KILMAINHAM NEGOTIATIONS 187 sway of their lady successors. . . . Tenants going into the land courts were denounced. Secret League meetings were encouraged." * It was stated that between October, 1881, when Parnell was arrested, and April, 1882, when he was liberated, no less a sum than ;^7o,ooo was expended by the Ladies' Land League in the manner above described. In spite of all these efforts, it is certain that the " No Rent " movement was a failure. The Bishops and priests used their influence to defeat K They were confirmed in this by a letter addressed to the Irish Bishops by the Pope (Leo X), in which the League and its policy were censured, and the people were admonished " not to cast aside the obedience due to their lawful rulers." " We have confidence," the rescript said, " in the justice of the men who are at the head of the State, and who certainly have great practical experience combined with prudence in civil affairs." The Irish Bishops issued a manifesto in accordance with these injunctions from the Pope. Forster, in his speeches, in defence of his policy, claimed credit for having defeated the " No Rent " manifesto by the use of the Coercion Act. The better explanation seems to be that where the rents were low, or where reasonable reductions were made to meet the bad seasons, the tenants, whether under the influence of their spiritual advisers, or of their own instincts, paid no attention to the " No Rent " circular, but paid the rents which they admitted were justly due. There were some districts where this was not the case ; but, as a general rule, the " No Rent " manifesto was a failure. This was admitted by Pamell and other leaders of the League. It is equally certain that the advice of the League to tenants to avoid the Land Courts was not adopted. The tenants resorted to the new Courts by thousands. Twelve Sub-Commissions were appointed by Mr. Forster, each con- sisting of two members, and they were hard at work hearing applications. They made reductions of rent which averaged about 23 per cent. When Parliament met early in February, 1882, Mr. P. J. Smyth raised the question of Home Rule in a most eloquent speech, on an amendment to the Address. It led to a short discussion. It was important because Mr. Gladstone, for the *■ The Fall of Feudalism, by Michael Davitt, p. 340-1. 188 GLADSTONE AND IRELAND first time, in the House of Commons, indicated a leaning in that direction : " With regard to local government in Ire- land," he said, " and local government in general, and its immeasurable benefits, and to the manner in which Parlia- ment is at present overcharged by a too great centralization of duties, I, for one, will hail with satisfaction and delight any measure of local government for Ireland, or for any portion of the country, provided only that it conforms to this one condition, that it does not break down or impair the supremacy of the Imperial Parliament." He discussed some of the proposals for Home Rule, and pointed out that neither Mr. Butt nor his followers had ever produced a definite and practical scheme. Mr. David Plunket, on behalf of the Con- servative Party, at once seized upon Mr. Gladstone's state- ment, and declared that it was most dangerous to hold up a signal for the renewal of the agitation for Home Rule, which had been steadily resisted by both parties. The motion was quickly rejected by 97 to 37 votes. The House, in fact, was not disposed to debate the question. Members were eager to enter upon a discussion raised by Mr. Justin McCarthy, on behalf of the Irish Party. His motion arraigned the policy of Mr. Forster along the whole line of his action as Irish Secretary. It led to a debate of four nights, in which the case against Forster was ably put forward by McCarthy, Sexton, Dwyer Gray, and Redmond, on the part of the Irish Members, and by Gibson and Plunket, on the part of the Tory Party, from a very different point of view, but almost equally hostile to Forster's administration. They were replied to by Forster in a speech of two and a half hours in length. Mr. Forster said that without the Protection Act (as he always called it, in preference to Coercion) law in Ireland would have been powerless ; industry would have been impossible ; liberty would not have existed. He accused Pamell of aiming at the abolition of all rent, with the object of making the tenants the owners of their farms ; and of promising tenants whose interests in their farms were sold, that the Land League would keep the farms vacant by means of boycotting. This meant personal violence, destruc- tion of their means of living, and deprivation of the necessaries of life. The Government was obliged to arrest Parnell, unless they were prepared to allow the Land League THE KILMAINHAM NEGOTIATIONS 189 to govern Ireland, and to determine what rents should be paid, what shops should be left open, what men should be allowed to buy, what tenants were to be permitted to take advantage of the Land Courts, what decisions of the Law Courts should be respected and what laws obeyed. The Government had to arrest the local leaders, and could not therefore, leave the central leaders at large. . . . As regards the suppression of the Land League the Govern- ment had to be convinced that it was an intimidating organiza- tion, and that active membership of it was a crime punishable by law, being an act of intimidation, and an incitement thereto. He quoted cases of outrages. He considered that some of the Irish Members were morally responsible for them. They had happened in consequence of the incitement and advice to the effect that those who paid rent would be visited with penalties. There had been no attempt of the leaders to prevent these outrages — no stepping forward to disown them. He claimed that there had been some improvement as a result of putting the Act in force. The figures of outrages lately had been better, and there had been less boycotting. Tenants, he said, were discovering that they had been misled by Pamell. The Coercion Act was beginning to tell. He could hardly have hoped a few weeks ago to be able to meet Parlia- ment without asking at once for further powers ; but matters had improved, and if there was less intimidation it might be possible to revert to the ordinary law. Turning, then, to the complaints of landlords against the Land Act, he said that the worst cases of over-renting had gone first into the Land Courts ; but he admitted that it would turn out that rents in Ireland were higher than the House had expected, not higher than he himself had expected from information in his possession. The pull of the market had been in favour of the landowners for the last hundred years, and there was consequently greater justification for the Land Act than some of them had expected. There was no foundation for the statement that the Government had made concessions to agitation. Those who conducted the agitation were the greatest foes of those who proposed remedial legisla- tion. He thought that agitation would soon be starved out by the Land Act. He concluded by saying that he was " not s^ltogether without hope and faith in the Irish people." 190 GLADSTONE AND ffiELAND Mr. Sexton, in reply, explained at length the objects of the Land League. He denied that it aimed at the abolition of all rents without compensation. Its object was to put an end to rack-renting, and landlord oppression, and ultimately to buy out the landlords at twenty years' purchase of the Poor Law valuation. He defended boycotting. The tenants, if dealt with one by one, were isolated and powerless. To obviate this, it was necessary that they should band together, and offer such rents only as enabled them to live in ordinary times. The pivot of the whole system on which landlord power in Ireland rested was the hungry competition for land. When- ever a farm fell vacant, no matter through what injustice, some miserable creature driven to his wits' end for means of living, was willing to come forward and offer whatever rent the landlord asked. The Land League established the rule, based on voluntary action, that the tenants should act to- gether in the matter of rent. When any man acted against the interest of others, and preferred his own selfish ends to those of the community, they were justified in discoimten- ancing such a man by refusing to work for him, or to take a farm from him. Were they to suffer sneaks and traitors to perpetuate a bad and t5n:annical system ? Boycotting, he maintained, when confined to social discounten- ance and to negative action, was a method not only necessary to the success of the movement, but largely justified on grounds of expediency and even morals. The Land League had as little to do with boycotting, which included outrage, as with the transit of Venus. The speeches at Land League meetings had, on numerous occasions, denounced outrages and violence. Pamell himself had, on many occasions, done the same. In his speech at Wexford he concluded by saying : *' We are warned by history that we must fight within the lines of the Constitution." He had himself made one hundred speeches between May and October. He was arrested because of one line in a single speech made at the torchlight demonstration in DubUn. He was proud to admit that he had signed the " No Rent ' ' circular when in prison at Kilmainham. As a punishment for this he was condemned to seven days' solitary confinement and to indignities and pains which he would hesitate to describe. The " No Rent " circular was due not to the arrest of Pamell, but to the suppression of the Land League. At the THE KILMAINHAM NEGOTIATIONS 191 very moment when the League was preparing hundreds of test cases for the Land Court the Government arrested all its staif. He defended the poUcy of test cases. Their convic- tion was that when test cases to the number of looo or 1200 were decided on, there would be a sufficiency of record de- cisions, to enable landlords and tenants to dispense with this costly litigation. The motion was rejected. The minority of 30 included no EngUsh Members. In the enforced absence of some members in jail, and of others on amission to America, it represented the strength of the PameUite section. While the main attack in the House of Commons was from the Irish Members in the interest of the tenants, in the House of Lords the landlords were the aggrieved party seeking re- dress. Lord Donoughmore, an Irish landowner, moved for a Committee to inquire into the working of the Land Act of 188 1. He complained that the Act had been passed by Parha- ment, on representations by the Government that it would have very little effect in reducing the rents of average land- owners. In its actual working, he showed that large reduc- tions of rent had been made by the Sub-Conmiissions, and had been approved by the head Commission in almost every case. The reductions had averaged 23 per cent. He com- plained that the Sub-Conunissioners, twenty-four in number, were mere partisans appointed for party purposes, and were unfair in their awards as against the landowners. The motion was opposed by Lord Carlingford, Lord Spencer, and the Lord Chancellor (Selbome), on the ground that it was wholly unprecedented to inquire into the working of an Act so re- cently passed. Lord Carlingford predicted that the Act would ultimately be found to have increased the security of property in Ireland. On the other hand. Lord Lansdowne, in a lengthy and powerful speech, insisted that the Act was not being administered in accordance with the intentions of Parliament, and Lord Cairns contended that, if the motion was unprece- dented, so also was the Act itself. It had proved to be a measure for strangUng landlords, and alienating the fee simple of their property. The motion was carried by 96 to 53. The Government met the rebuff of the Peers by declining to take any part in the proceedings of the Committee, or to give it any assistance. They also contended that the motion amounted to a vote of censure on the Act of the previous year. 192 GLADSTONE AND IRELAND In this view, Mr. Gladstone gave notice of a counter resolu- tion in the House of Commons, to the effect that a Parlia- mentary inquiry into the working of the Land Act would tend to defeat its object, and would be injurious to the interest of good government in Ireland. Four days were spent in discussing this motion. Mr. Gladstone, on moving it, main- tained that the confidence of the Irish people in the Act would be vitally impaired if there was any tampering with it. It was to the Act that the Government looked mainly for the restoration of law and order in Ireland. Mr. Sexton, on behalf of the Irish Party, demanded inquiry into the working of the Land Act. He believed it could not be made effective except through inquiry leading up to further remedial legislation. A Committee of the House of Lords would be better than none at all. He went at length into the defects of the Act, the arrears question, the non-inclusion of leaseholders, the imperfect definition of the tenants' in- terest, and other matters, and ended by saying that the Irish Party would vote with the Tories against the motion of the Government. In spite of this, the motion was carried by 303 against 255 votes — 39 of the Irish Members voted with the minority. It was the first occasion in that Parliament, on which the Irish Party were found, in a party division, voting in the same Lobby with the Tories. Thenceforward through the remainder of the Parliament this was their general course, by way of protest against the Coercion Act of 1881, and of its successor of 1882. A little later Mr. Forster himself began to admit in his correspondence with Mr. Gladstone that his statements in the debate on the Address, and in the more recent discussion, were over-sanguine. On April 7th he wrote to Mr. Gladstone to the effect that while there were some good signs, such as that the November rents had been generally paid, that there was no longer open resistance to the law, that the Land League had been defeated in preventing any rent being paid, and that there was less boycotting, yet there were exceptions, important and frequent, mainly in Connaught, and in poor districts elsewhere, where the arrears were hopeless. He showed also that there had been an increase of agrarian crime of the more serious kinds. He attributed this to two causes — (i) t^^ fierce passions evoked by the " No Rent " struggle for which THE KILMAINHAM NEGOTIATIONS 193 the Land League leaders were mainly responsible ; and (2) the immunity of crime from punishment. The course he proposed was (i) new and increased powers to try agrarian offences by special commissions without juries ; (2) making districts contribute for special police protection ; (3) giving compensation for injury to persons as in the case of injury to property ; (4) giving power to the police to arrest persons at night under suspicious circumstances. He also proposed a renewal of the Coercion Act of 1881, " Can we let the Act expire ? I dare not face the coming autumn and winter without it. The Act does not deter murders through fear of punishment, but it enables us to lock up persons suspected of them." Nothing was said in this letter as to an Arrears Bill, or other measiures of a remedial character. His policy was, in fact, a continuance of the existing Coercion Act, strengthened by the abolition of juries in agrarian cases and by greatly in- creased powers to the police and magistrates. The reply to this of Mr. Gladstone has not been made public, but a few days later he wrote to Mr. Forster the im- portant letter of April 12th, printed in Lord Morley's work, which shows how far he had already travelled in the direction of a policy of Home Rule for Ireland. " About local government for Ireland, the ideas which more and more establish themselves in my mind are such as these. Until we have serious responsible bodies to deal with as in Ireland every plan we frame comes to Irishmen, say what we may, as an English plan. As such it is probably con- demned. At best it is a one-sided bargain, which binds us and not them. . . . " If we say we must postpone the question till the state of the country is more fit for it, I should answer that the least danger is going forward at once. It is liberty alone which fits men for liberty. This proposition, like many others in politics, has its bounds ; but it is far safer than the counter doctrine— wait till they are fit." He went on to urge the importance of " relieving Great Britain from the enormous weight of the government of Ireland, unaided by the people, and from the hopeless con- tradiction in which we stand ; while we give a Parliamentary representation, hardly effective for anything but mischief, 13 194 GLADSTONE AND IRELAND we refuse the local institutions of self-government which it pre-supposes, and on which alone it can have a sound and healthy basis." ^ Here we have the main principle of Home Rule asserted. On the same day, April 12th, Mr. Forster wrote a yet more gloomy account of the state of things in Ireland : " My six special magistrates all bring me very bad reports. They are confirmed by constabulary reports. The immunity from punishment is spreading like a plague. I fear it will be impossible to avoid very strong and immediate legislation." There were many indications about this time that public opinion in England was dissatisfied with the administration of the Coercion Act, and was convinced as to its failure. The Pall Mall Gazette, under the inspiration of its then editor, Mr. John Morley, had for some time past written strongly against the continuance of coercion, and had recom- mended the removal of Mr. Forster. Mr. Morley's views were believed to be those of Mr. Chamberlain and Sir Charles Dilke, who were strongly opposed to Mr. Forster's policy. Even the Tory organ. The Quarterly Review, spoke in a sneering way of the arrest of cart-loads of suspects. Everything, therefore, tended to a change of policy, and it must have been obvious that it would necessitate a change in the personnel of the Irish Government. Lord Cowper had already tendered his resignation of the post of Lord-Lieu- tenant — for private reasons, it was said — and only held on till new arrangements were complete, Mr. Gladstone induced Lord Spencer, who had previously held the post, and who was then a member of his Cabinet, as President of the Council, to succeed Lord Cowper, retaining his position in the Cabinet. This, we are told, was suggested by Mr. Forster, though it is quite certain that his position would be very different if the Lord-Lieutenant was in the Cabinet. The administration of Ireland would practically be taken out of his hands and placed in those of the Lord-Lieutenant. While these arrangements were being made important events were being hatched in Kilmainham Jail. Pamell had been interned there for six months. The treatment he was subjected to was most lenient, consistently with his being confined within the prison walls. He had his separate apart- » Life of Gladstone, III, 58 THE KILMAINHAM NEGOTIATIONS 195 ments, which were large and cheerful. Food was provided from outside. He was amply supplied with literature. He could associate with other suspects there. Permission was readily granted to him to see his friends, and to communicate with them by letter. But, in spite of all these relaxations of prison rules, the deprivation of liberty to a man of Pamell's age and temperament must have been increasingly irksome and even intolerable. It is probable that it had a permanent bad effect on his health, and contributed to his premature end. I was myself greatly struck by the change in the appearance of Parnell on his release from prison. He looked haggard and in bad health, and he was never again the same strong and healthy man he had been before his imprisonment. Pamell was also profoundly dissatisfied with the action of the Ladies' Land League during his absence from head- quarters. He recognized that the state of the country had become deplorable, and was going from bad to worse. Mr. Barry O'Brien says : " The country was drifting out of his hands and drifting into the hands of reckless and irresponsible men and women, whose wild operations would, he felt sure, sap his authority and bring disaster to the national move- ment. It was quite time for him to grasp the reins of power once more, and to divert the course of events. His release from prison became, in fact, a matter of paramount im- portance."^ Everything therefore pointed to the necessity for making an effort to get out of jail. Pamell had come to the con- clusion that the existence of large arrears of rent on the part of the vast body of the poorer tenants was the main cause of disturbance leading to murder and outrage. He recognized that the " No Rent " manifesto had completely failed, and that tenants by thousands were rushing into the Land Court. The poorer tenants, however, were prevented doing so by their indebtedness for arrears which the land- lords insisted on. He had, while in jail, drafted a Bill dealing with this, and other defects of the Land Act of 1881, namely, the exclusion of leaseholders, the imperfect protection of the tenants' interest, and the insufficiency of the purchase clauses. The Bill thus drafted was introduced, at his instance by one of his followers, at the beginning of * Life of Parnell, I, 235. 196 GLADSTONE AND IRELAND the Session, and stood for second reading on April 26th. The Bill offered the opportunity for a negotiation with the Government. Chamberlain and some other members of the Cabinet were known to be hostile to the Coercion Act. Davitt says that " this was a vital tmning-point in Pamell's career. Hitherto he had been in everything but name a revolutionary reformer. He now entered, as an opportunist statesman, upon a phase of a purely political movement." Without any consultation with his colleagues in Kilmain- ham, or beyond its walls, and without even informing any of them of his intentions, he entered into negotiation with the Government, using as his intermediary Captain O'Shea, a Home Rule Member of the Shaw section, and a personal friend, but not one of his followers. Captain O'Shea had several interviews with Forster, and by his leave, with Pamell in Kilmainham, and also with Mr. Chamberlain, and later with Mr. Gladstone. On April loth Pamell asked the permission of the Irish Government to leave Kilmainham for a few days on parole, in order that he might visit at Paris his sister, Mrs. Thomson, whose son was dying there. Permission was granted to him, as it had been to other suspects for similar reasons. On his way to Paris he stopped for a day in London, and met there Mr, Justin McCarthy, and had a long conversation with him on the state of Ireland. It does not appear that he told McCarthy that he intended to enter into negotiation with the Government. But the next morning he saw Captain O'Shea. It seems to be certain that he authorized O'Shea to communicate with members of the Government. At all events O'Shea wrote to Mr. Gladstone and Mr. Chamberlain, suggesting the feasibility of some arrangement by which the suspects might be released, and an Arrears Bill passed. Mr. Gladstone replied that he would communicate with Forster on the important and varied matter in O'Shea's letter. " I am very sensible of the spirit in which you write. . . . The end in view is of vast moment, and assuredly no resentment, personal prejudice, or false shame, or other impediment extraneous to the matter itself will prevent the Government from treading in the paths which may most safely lead to the pacification of Ireland." Mr. Chamberlain also replied in a most judicious letter. THE KILMAINHAM NEGOTIATIONS 197 Mr. Gladstone forwarded O'Shea's letter to Forster, who, in his reply, was sympathetic as to the Arrears question, but did not see his way to the relecise of Pamell and the other suspects. " The difficulties and the dangers," he said, " of dealing with the Arrears question are very great . . . but we must interfere. The evictions in Mayo and elsewhere are becoming very serious, and many of the poorer tenants and many of those who are most rack-rented feel it useless to resort to the Land Court. The helpless, miserable position of these poor men is the foundation of the agitation." * He suggested a scheme for dealing with arrears. It was to be based on the voluntary and combined application of both landlords and tenants ; and the advance from the Govern- ment was to be by loan and not by gift. The scheme would no more have been a settlement of the question than that of the Act of 1881. As regards the release of the leading suspects, Forster said : " I expect no slight pressure for their immediate and uncon- ditional release. . . . My own view is clear. I adhere to our statements that we detain these suspects solely for prevention, and not for punishment. We will release them as soon as we think it safe to do so." There were three events, he said, in which it might be effected : (i) The country being quieted ; (2) the passing of a fresh Act (i.e. a new Coercion Act), which might warrant the attempt to govern Ireland when the suspects were released ; (3) an assurance that Pamell and his friends, if released, would not attempt in any manner to intimidate men into obedience to their unwritten law. " Without the fulfilment of one or other of these conditions I believe their release would make matters worse than they are. At any rate, I could not, without this fulfilment, administer affairs as Irish Secretary with ad- vantage." 1 It will be seen that this was an ultimatum from Forster, to which he strictly adhered in the negotiations which followed, and which resulted in his resignation. ^ Life of W. E. Forster. II, 425. CHAPTER XIX forster's resignation ON April 22nd there was a meeting of the Cabinet, spe- cially called to consider the Irish question. Forster crossed the Irish Channel the previous night to attend it. It was his last journey as Irish Secretary. Later, on the trial of the murderers of Lord Frederick Cavendish and Mr. Burke, it transpired that the band of assassins had lain in wait, at the railway station at Dublin, with the determination to murder Forster on that evening. They must have obtained information as to his movements, and fully expected to find him at the station. By a most fortunate accident, on the suggestion of his private secretary that they should dine at the Yacht Club, at Kingstown, before going on board the steamer, instead of at Dublin, they took an earlier train, and escaped the fate which a few days later befell his successor as Irish Secretary. At the Cabinet the case of the release of Pamell was pre- sented by Chamberlain, who had been in personal communica- tion with O'Shea. In spite of Forster's objections, the Cabinet agreed to Chamberlain negotiating further with O'Shea. On the same day, April 22nd, Pamell arrived in London on his return from Paris, and met O'Shea, who expressed to him the hope that, as the result of negotiations then going on, he and the other suspects might be permanently re- leased. " Never mind the suspects," said Parnell ; " get the question of the arrears satisfactorily adjusted, and the con- tribution made not a loan, but a gift on compulsion. The Tories have now adopted my creed as to a peasant proprietary- The great object to be attained is to stay evictions by an Arrears Bill." ^ ^ Captain O'Shea's speech, Hansard, May 15th, 1882. 198 FORSTER'S RESIGNATION 199 After the return of Pamell to Kilmainham, O'Shea had further interviews with Chamberlain and Forster, and then went over to Ireland, by leave of the latter, and visited Pfimell in Kilmainham. A letter was then written by Parnell to O'Shea, for the purpose of being shown to Forster and Chamber- lain. ♦' I desire," he wrote, " to impress upon you the absolute necessity of a settlement of the Arrears question, which will leave no remaining sore connected with it behind, and which will enable us to show the smaller tenantry that they have been treated with justice and some generosity. " If the Arrears question be settled upon the lines indicated by us, I have every confidence — a confidence shared by my colleagues — that the exertions which we would be able to make, strenuously and unremittingly, would be effective in stopping outrages and intimidation of all kinds. " As regards permanent legislation of an ameliorative character, I may say that the views which you always shared with me as to the admission of lease-holders to the fair-rent clauses of the Act, are more confirmed than ever. So long as the flower of the Irish peasantry are kept outside the Act, there cannot be a permanent settlement of the Land Laws, which we all so much desire. I should also strongly hope that some compromise might be arrived at this Session with regard to the amendment of the tenure clause. It is un- necessary for me to dwell upon the enormous advantages to be derived from the full extension of the purchase clauses which now seem practically to have been adopted by all parties. " The accomplishment of the programme I have sketched would, in my judgment, be regarded by the country as a practical settlement of the Land question, and would, I feel sure, enable us to co-operate cordially for the future of the Liberal Party in forwarding Liberal principles ; so that the Government, at the end of the Session, would, seeing the state of the country, feel themselves thoroughly justified in dis- pensing with future coercive measures." It will be seen that the last part of this letter was practically a new proposal for a wider agreement with the Government, which was not adopted. Mr. Forster has given an account of his interview with O'Shea when Pamell's letter was shown to him : 200 GLADSTONE AND IRELAND " After carefully reading the letter, I said to O'Shea, ' Is that all that Parnell would be inclined to say ? ' He said, ' What more do you want ? Doubtless I could supplement it.' I said, ' It comes to this, that upon our doing certain things he will help us to prevent outrages,' or words to that effect. He again said, * How can I supplement it ? ' — referring, I imagine, to different measures. I did not feel justified in giving him my own opinion, which might be interpreted to be that of the Cabinet. So I said, ' I had better show the letter to Mr. Gladstone, and to one or two others.' He said, * Well, there may be faults of expression, but the thing is done. If these words will not do, I must get others, but what is obtained is ' — and here he used most remarkable words — ' that the conspiracy which has been used to get up boycotting and outrages will now be used to put them down, so that there will be a union with the Liberal Party.' And, as an illustration of how the first of these results was to be obtained, he said that Parnell hoped to make use of Sheridan, and to get him back from abroad, as he would be able to help him to put down the conspiracy (or agitation, I am not sure which word was used), as he knew all its details in the trial." * It is to be observed on this conversation, as repeated by Forster, that it is quite impossible to believe that anything which Parnell had said to O'Shea justified the quotation from the former, that the " conspiracy which had been used to get up boycotting and outrages will now be used to put them down." The words may have been correctly quoted by Forster, though O'Shea denied that he had spoken them ; but if he had, they could not have been the words used by PameU, who was far too careful and precise in his use of lan- guage to have made such a compromising admission. PameU, in his cross-examination before the Special Commission, denied that he had ever made such a statement. The Commission did not impute it to him in their report, as they would un- doubtedly have done if they believed he had made it. So far as one can reasonably conclude from the whole circumstances the words, as quoted, were never uttered by PameU. PameU 's letter was forwarded by Forster to Mr. Gladstone, together with the account of the conversation with O'Shea. " I expected little from these negotiations," was Forster's ^ Life of Forster, II, 436. FORSTER'S RESIGNATION 201 comment on the whole transaction. But Mr. Gladstone was highly gratified. " This," he wrote to Forster, " is a hors d'ceuvre, which we had no right to expect, and I rather think have no right at present to accept." He was doubtless re- ferring in this to the new proposals of Parnell for a wider settlement of the whole Land question. Meanwhile, on the 26th, Mr. Redmond's Bill had come on for discussion in the House of Commons, and led to an important debate. The Bill proposed to deal with four principal subjects, by way of amendment of the Land Act of 1881, namely, " Arrears of excessive rent," " The admission of leaseholders to the benefit of the Land Court," " The amend- ment of the tenure clauses," so as to make it certain that the improvements effected by tenants and their predecessors in title would not be excluded in assessing the rents, and " The extension of the purchase clauses by the advance from the State of the whole of the purchase money." It must be repeated that all these foiu* main points had been urged by the Irish Party in amendments to the Land Act of 1881. Agreement might then have been arrived at. They have all later been conceded by Parliament. There was now another opportunity of agreement. So far from finding fault with the Government for coming to an arrangement with Parnell, it seems to me that they erred in not going far enough, and not tsiking the opportmiity of settling the whole question. In the debate on Redmond's Bill, Mr. Gladstone, having in view the communications already opened with Parnell, spoke in most conciliatory terms. He welcomed the Bill as an authentic expression of the desire of the Irish Party to make the working of the Land Act an effectual security for the peace of the country. The Government could not, however, support the second reading, because they still thought, as they did, when they opposed the Lords' Committee, that the tenure clauses of the Land Act ought not to be re- opened and disturbed. He admitted that the recent decision of the Irish Judges did not carry out the intentions of Parliament; hut the scope of the discrepancy was not so great as to justify an immediate reopening of the question. As regards the purchase clauses, he pointed out that a notice of motion had been given by Mr. W. H. Smith, when 202 GLADSTONE AND IRELAND a proposal of importance would doubtless be made, which it was not expedient to anticipate. With respect to land under lease, the Government was not prepared to interfere with covenants, or to place leaseholders in the same position as yearly tenants. With regard to arrears, the Government was willing to recognize the duty of legislating at an early date, on a basis which should be impartial and in accordance with public opinion in Ireland. The Irish Members, through Sexton, Healy, Shaw, and others, expressed themselves as satisfied with the latter part of the statement. Mr. Forster agreed with Mr. Gladstone as to the necessity for dealing with arrears of rent, and admitted that it was most urgent. Mr. Gibson, on behalf of the Tory Party, expressed no hostility to this part of the speech. The debate was adjourned without a division. On May ist the subject was again brought before the Cabinet. The letter of Parnell of the 28th was laid before them. Chamberlain appears to have again taken a leading part in insisting on the release of Parnell, and the principal Land League leaders. The Cabinet was in favour of this course. Forster alone stood firm against it, and was irre- concilable. The Cabinet was adjourned till the next day, in the hope that some modus vivendi might be found, which would avoid the resignation of Forster. The Cabinet met again the next day at twelve. Mr. Gladstone then read a memorandum, on which, with one exception, they agreed : " The Cabinet are of opinion that the time has now arrived when, with a view to the interests of law and order in Ireland, the three Members of Parliament who have been imprisoned on suspicion, since October last, should be immediately released ; and that the list of suspects should be examined, with a view to the release of all persons not believed to be associated with crimes. They decided at once to announce to Parliament their intention to prepare, as soon as necessary business will permit, a Bill to strengthen the ordinary laws of Ireland for the security of life and property, while reserving their dis- cretion with regard to the Life and Property Protection Act of 1881, which, however, they do not at present think it will be possible to renew, if a favourable state of affairs shall prevail in Ireland." FORSTER'S RESIGNATION 203 The one exception was Mr. Forster, who resigned his office. Mr. Gladstone, in reply to his letter of resignation, wrote : " I have received your letter with much grief, but on this it would be selfish to expatiate. I have no choice ; followed, or not followed, I must go on." On Tuesday, May 2nd, after the crucial Cabinet, Mr. Glad- stone announced in the House of Commons the resignation of Lord Cowper and Mr. Forster. He stated that directions had been sent to Ireland for the relesise forthwith of the three Members of the House who had been imprisoned since October last. The list of persons similarly imprisoned would be care- fully examined, with a view to the release, in accordance with like principles of consideration, of all persons who were not believed to be associated with the commission of crime. This measure, he said, had been taken by the Government, aftep gathering all the information which it was in their power to extract, either through the medium of debate in the House, or by availing themselves of such communications as were tendered to them by Irish representatives, and this, without the slightest reference to their previous relations to those Irish Members, but simply with relation to what they believed to be the public interest. He disclaimed that the release was in any way the result of a negotiation. " It is an act done without any negotiation, promise, or engagement whatever." " It has entailed upon us a lamentable consequence — the resignation of Mr. Forster, who would make his personal explanation on Thursday, after obtaining the sanction of the Queen to his resignation." * He then proceeded to state the intentions oi the Government as regards legislation. It was not at present in contemplation to renew the Coercion Act of 1881. They pl-oposed, as soon as possible, to introduce a Bill for strengthening the ordinary laws in defence of private rights, and for the enforcement of law, and the maintenance of peace and tranquillity in Ireland. It would be proceeded with as soon as the new rules of pro- cedure of the House had been concluded. An Arrears Bill would £dso be proceeded with. The Government was taunted by the Opposition with a change of policy, but generally there was a disposition to adjourn discussion until Mr. Forster should make his personal * Hansard, May 2nd, 1882. 204 GLADSTONE AND IRELAND explanation. In answer to a challenge as to the release generally of the suspects, Mr. Gladstone said that, in the belief of the Government, it was conducive to the interests of law and order and security in Ireland. Mr. Sexton, on behalf of the Irish Party, said : " It might be true that the present policy of the Government was in condemnation of that they had pursued in October last. He was not concerned to drive the comparison home. It was enough for him if the policy they now foreshadowed was a better policy for his country than that which they had adopted before, and he most certainly believed it was so. . . . Mr. Gladstone, in his long and varied life, had never spoken truer words than when he said that the release of the suspects would lead to the advancement of law and order in Ireland. Every day that they maintained these men in prison was a day added to the inflamed passions and deepening hatred towards the British Government which existed in the minds of the Irish people." Two days later, on May 4th, Mr. Forster made his promised personal explanation of his resignation. Mr. Gladstone, he said, had rightly stated that the reason for his resignation was that he did not think it right to share the responsibility for the release of the three Members. He would gladly have done so, if he thought it right. " According to the repeated promises I have made to the House, we have only detained persons in prison without trial, for the purpose of prevention of crime, and not for the purpose of punishment. That is why I am opposed to their unconditional release at this moment. ... I believe it will tend to the encouragement of crime. . . ." He then proceeded to justify the arrest of the three Members. At this moment a most dramatic scene occurred. Pamell entered the House and took his seat there, confronting Forster, his accuser and judge. He was greeted by a long burst of cheering from the Irish Members. After this interruption, Mr. Forster continued his explanation. The three Members, he said, were not arrested simply for illegal agitation. " It was our duty to arrest them upon what we considered reason- able suspicion of the commission of a crime punishable by law, being either an act of intimidation or an incitement thereto. Now, it is a common notion that Mr. Pamell was arrested merely for obstructing the action of the Land Act. . . • FORSTER'S RESIGNATION 205 The real reason why these gentlemen were arrested, and why many others were arrested, was because they were trying to carry out their will — their unwritten law, as they often called it — and to carry it out by working the ruin and the injury of the Queen's subjects by intimidation of one kind or another. If Mr. Pamell had not been placed in Kilmainham, he would very quickly have become in reality what he was called by many of his friends — the King of Ireland. I do not for a moment say that he, or the other two Members, incited to outrage and the intimidation of special individuals ; but what they did was, to my mind, far more dangerous than that. They organized and instituted a system of intimidation of individuals generally, pimishing them for obeying the law of the land, and doing what they had a right to do, and very often what it was their duty to do. . . . Under what circum- stances could I have approved their release ? I will at once admit that it was impossible to detain them for ever. ... I would have released them as soon as I obtained seciuity that the law of the land would no longer be set at naught and trampled imder foot by them. There are three con- ditions on either of which I could have considered their release safe ; but, to my mind, not one of the three conditions has been fulfilled. There should have been a pubhc promise on their part, or Ireland quiet, or the acquisition of fresh powers by the Government. . . . What do I mean by a public promise ? I mean a public undertaking or promise to make no further attempt to set up their will, or rather their law, against the law of the land, and, under no circumstances, to aid or abet or instigate intimidation to prevent men from doing what they had a right to do. Mr. Pamell has in no way disowned his famous Ennis speech, the system of intimidation, of tabooing people, and ruining people, because they did not do what he was trying to make them do. What I want is the avowal of a change. ... A surrender is bad, but a compromise or arrange- ment is worse. I think we may remember what the Tudor King said to a great Irishman in former times : ' If all Ireland cannot govern the Earl of Kildare, then let the Earl of Kildare govern Ireland.' ... If all England cannot govern the Member for Cork, then let us acknowledge that he is the greatest power in Ireland to-day. But I believe that with all England, helped by a large portion of Ireland, no concessions are neces- 206 GLADSTONE AND IRELAND sary, and that the Government should not be weakened by concessions. My first condition has not been fulfilled. There has been no public undertaking to cease from intimidation under any circumstances ; there has been merely a hope held out publicly yesterday week that if Parliament passed a certain Bill, and that if it settled this difficult question of arrears, then the party below the gangway [the Irish Party] would cease to obstruct the law. ... I would have taken their word. Mr. Pamell knows how I differ from him, he knows what a wonder and surprise it is to me that he can bring himself to do what he has done ; but he is not only a gentle- man in station, he is also a man of honour, and I would have taken his word. But his word we have not got." Mr. Gladstone, in reply, accepted responsibility for the original arrest of Pamell and the other Members. With respect to the words used by Mr. Forster more than once, which were equivalent to saying that he desired to obtain from Mr. Pamell, and those with whom he acted, an avowal of change, it was, in effect, much like asking for a penitential confession of guilt. He disclaimed for himself and his col- leagues the desire and the right to ask of Mr. Pamell, or any of those who sat with him, anything of the sort. ^ In considering whether we should be justified in closing the prison doors on these Members, I had no title to ask any question but the one whether I believed that the effect of their release would be prejudicial to the public tranquillity. I do not believe Mr. Parnell would ever come with a declaration of that kind, and certainly I am not the man to go to any Member of the House and ask him for any statement involving his humiliation." Referring to Forster's protests against buying obedience to the law, or entering into any arrangements, or paying blackmail, he held them to be without application to the case. He disclaimed that the release of Pamell and the other suspects was part of any bargain or arrangement. Mr. Pamell, speaking after Mr. Gladstone, asserted that he had never referred to his release in any of the verbal or oral communications with his friends ; but he had said and had written that a settlement of the Arrears question would have an enormous effect in the restoration of law and order, and would take away the last excuse for outrage ; and that. FORSTER'S RESIGNATION 207 if such a settlement were made, the Irish leaders, in common with all persons who desire to see the prosperity of Ireland, would be able to take such steps as would have a material effect in diminishing those exceptional, those lamentable outrages. ^ Mr. Dillon, who followed, asserted that he had never, directly or indirectly, had any communication with the Ministers or with the Government of Ireland. He was aware of the drafting of an Arrears Bill by Mr. Parnell, and he never took any trouble to conceal his conviction that, if the proposals of the Bill were passed into law, and the Coercion Act were withdrawn, it would be easier to maintain law and order in Ireland. He did not care in the least degree whether it reached the ears of the Government or not. He felt himself just as free to take any course which might seem right and judicious to him, as he did when he went into Kilmainham Jail. If the Government believed that he felt himself in any way bound to shape his actions otherwise than might seem right to him, they were greatly mistaken. Mr. O' Kelly also affirmed that there was no shadow of foundation for the suggestion that he entered into agreement with the Government, and said that he would have died sooner than give the assurances which Mr. Forster required, as a condition of his release from jail. It was not till some days later that the letters of Gladstone, Chamberlain, Parnell, and O'Shea, and the records of con- versation between Forster and O'Shea, above referred to, were made public. Their publication was mainly due to O'Shea. On May 12th and 13th debate took place upon them, and the Government was attacked with the greatest virulence. It was contended that the correspondence showed that a treaty had been virtually concluded between the Govern- ment and Parnell, of which the terms, on the one side, were the release of the suspects and the passing of an Arrears Bill, and, on the other, that Parnell would use his influence in the future to put down outrages, and that the Irish Party would give its support in Parliament to the Government. The transaction was dubbed the Kilmainham Treaty. On May 13th Mr. Arthur Balfour moved the adjournment 01 the House in a most violent speech, accusing the Govem- "lent of infamous conduct. They had, he said, degraded 208 GLADSTONE AND IRELAND themselves, by treating on equal terms with men whose guilt they had so fervently believed that they felt themselves justified in imprisoning them for months, without trial, and by negotiating with men whom they had asserted to be steeped in treason, with men who had used their organization for purposes adequately to describe which the vocabulary of the Government had scarcely proved equal. The agitators in Ireland would thenceforward have the conviction that, by holding out to the Government alternately the threat that they would promote outrages, and the promise that they would stop outrages, they would be able to exact what- ever legislative measures they might wish. He charged the Government with infamous conduct, in negotiating with treason in order to get Parliamentary support. The speech is interesting from an historical point of view, as it was the first incursion of Mr. Balfour into Irish affairs, a prelude, and perhaps a key, to much that he said and did when Irish Secretary five years later. His speech stung Mr. Gladstone into an instant reply, hot with indignation and passion. It led to a fierce debate, such as gives intense interest in the House of Commons, when the leaders take off the gloves, and hit out in short, impromptu speeches, without measuring their words, or concealing their scorn for their opponents. The substance, Mr. Gladstone said, of the charge was that a compact had been made, under which Pamell was to get his release, and to get legislation for arrears, and the Government was to obtain through him peace in Ireland and Parliamentary support. There was not a word of truth in that. Pamell never knew that he was to be released until he was actually released. Mr. Gibson, Sir William Harcourt, and Mr. Chamberlain joined in the fray. The latter insisted that there was no condition in Pamell's assurances as to his release ; that never in these transactions had anything been said indicating, on the part of Pamell, any allusion as to his own personal position. It was impossible for the Government to conclude that the continued imprisonment of Pamell was any longer necessary for the peace of Ireland. On the contrary, they believed that his release would contribute to peace. It remains to give the explanation afforded by Pamell to his followers of what had led to his release, and to the FORSTER'S RESIGNATION 209 downfall of Forster. It was made, apparently, on May 7th, a few days before the debate last referred to. The substance, as vouched for by Davitt, was as follows :^ " The * No Rent ' manifesto had failed. The tenants, instead of working out the plan of testing the Land Act, had entered the Land Courts, and had contracted obligations for fifteen years. The ruined tenants, mostly those of small holdings, would be sacrificed, unless an Arrears Act could be obtained, which would wipe out most of their indebtedness, and give them a clear road into the Land Court. To accom- plish this, a parley with the Government was necessary. But the reasons by which he was chiefly influenced were the growing power of the secret societies, and the alarming growth of outrages. . . . He believed the obnoxious societies to be more or less local. ... He saw in the development and in the growth of the revolutionary feeling inside the movement a menace to the constitutional agitation, and a peril to the country, which could only be successfully resisted and arrested by the release of those who would wield a counter influence, and who would calm down the popular feeling. Then it was evident that Mr. Chamberlain and his friends in the Ministry were equally anxious for other — that was Cabinet — reasons to abandon coercion, and to face the larger question of self- government, which could not be done while Ireland continued in a condition of semi-anarchy. Nothing was said of his letters from Kilmainham, which had not then been disclosed, or of his undertaking to slow down the agitation." *■ Mr. Gladstone," says Lord Morley, " was always impatient of any reference to * reciprocal assurances,' or * tacit under- standing,' in respect of the prisoner at Kilmainham. Still, the nature of the proceedings was plain enough. The object of the communication, to which the Government were in- vited by Mr. Pamell, through his emissary, was, supposing him to be anxious to do what he could for law and order, to find out what action on the part of the Government would enable him to adopt this line."* The agreement or imderstanding was that the Government, on Its part, would pass an Arrears Act, and, on the part of I^amell, that he would do his best to slow down agitation. » Davitfs Fall of Feudalism, 361. * Life of Gladstone, III, 64. 14 210 GLADSTONE AND IRELAND Whether it can be rightly said that the release of Pamell and the suspects was part of the agreement is another matter. There was no mention of this in PameU's letter. It was obvious, however, that the suspects could not be detained in prison, in view of what was otherwise settled on. We must look at the whole transaction by the light of sub- sequent experience. Tested in this way, it was, beyond all question, a wise and successful proceeding. In spite of the overwhelming misfortune, which occurred a few days later, in the murders of Lord Frederick Cavendish and Mr. Burke, which, it will be seen, altered the whole current of events, and pre- vented the full realization of the new policy, it is certain that the release of the suspects did produce a most excellent effect on public opinion in Ireland, and that the passing of the Arrears Act did put a stop to evictions, and did ultimately lead to a great reduction of outrages. It will be seen also that Pamell did, with absolute good faith, use his influence, and success- fully, to slow down the agitation. As regards Mr. Forster, it has been shown that he was not averse to coming to an agreement with Parnell and the other leaders ; but he insisted on conditions which would have been humiliating to them. It was impossible to expect they would agree to a penitential admission of their past conduct, and a promise of good behaviour in the future. If his advice, therefore, had been followed, the Irish leaders, and all the hundreds of suspects, would have remained in jail, without trial, while another Coercion Act was being discussed. As a result, it may be safely concluded that the state of things in Ireland would have worsened, rather than improved. The difference between the two policies was marked by a well-defined line. That carried out by Mr. Gladstone, against the advice of Forster, led to conciliation, the other would have widened the breach between the Government and the Irish leaders and people. We must conclude that a wiser and bolder new departure was seldom made by Mr. Gladstone, or by any other statesman. He had supported Forster, up to a certain point, with the utmost loyalty and without any reserve. There came a time, however, when he was convinced that Forster's policy was a mistaken one, that the imprisonment of the Irish leaders and of hundreds FORSTER'S RESIGNATION 211 of other local leaders, on suspicion and without trial, only aggravated the position of the Government in Ireland, and was the cause of outrages, and not a means of putting them dovm. He then took the matter into his own hands. He perfonned what is the highest and most important duty of a Prime Minister — he overruled a colleague in his depart- mental work, and insisted on a change of policy. The Coercion Act of 1881 was set aside. The bulk of the suspects were set free. Another method was devised of strengthening the criminal law against crime, and a remedial measure of the highest importance was passed. It was impossible that this new policy could have been carried out by the Minister who was responsible for the policy which was reversed and discarded. The resignation of Forster, therefore, was necessary and inevitable. In forming judgment of Forster's two years of administration, as Irish Secretary, every allowance must be made for the enormous difficulties under which he worked. The first of his misfortunes was that his legal advisers in Ire- land were not prepared, on his assmnption of office, with a measure of Land Reform, to meet the universal demand of the Irish electors at the General Election. The second was the rejection, by the House of Lords, of his temporary measure, the Compensation for Disturbance Bill, which, if it had been passed, might have bridged over the interval before the passing of the Land Act in the following year. In default of such a temporary remedy, evictions, and their necessary consequence, disturbance and outrages, multiplied to an extent which induced the Government to apply for increased power to deal with them by the Coercion Act of 1881, and to give precedence to it over their remedial measure, the Land Bill. For the unfortunate method of coercion adopted in the Act, Forster must be held to be largely responsible. It was framed against the advice of Mr. Gladstone. It was also put in force in a manner distinctly contrary to the promises made to the House of Commons during its passing. No statesman ever went to Ireland with higher ideals, or with greater determination to do justice, and, above all, to ameliorate the condition of the smaller class of tenants there. No man ever administered an odious Coercion Act ^th greater leniency to those who were imprisoned under it. "Ut there was in him a dogmatic self-confidence, which, 212 GLADSTONE AND IRELAND added to a brusque manner, made it difficult for those, with whom he did not agree, to present their views, and prevented him from learning, by free communication with all classes of persons, the effect of his measures, and the necessity for a change of policy. Complaints are made by his biographer that Mr. Forster met with unfair treatment in the Cabinet, and not obscure hints are given that Mr. Chamberlain was the centre of an intrigue against him. On review, however, of what is known to the public, it appears that Mr. Chamberlain did no more than his duty in opposing a policy which he saw was leading to bad results. It is an essential object of a Cabinet to afford the opportunity to Ministers to criticize, and, if necessary, overrule, the policy of a colleague. The sequel showed that Mr. Chamberlain was perfectly justified in his opposition in the Cabinet to the coercive measures of his colleague Mr. Forster. CHAPTER XX THE PHOSNIX PARK MURDERS ON the resignation of Mr. Forster, it was the general behef that Mr. Chamberlain would succeed as Irish Secretary. He appears to have expected this himself. The offer, however, was not made to him. It is difl&cult to understand the reason for this, unless it were that Lord Spencer, who must have been consulted as to the appoint- ment, was unwilling to have as Chief Secretary one who was so masterful. There could not well be two Kings of Brentford in the Irish Office. It was, however, to be regretted that, on a change of pohcy so important, the statesman, to whom it was so largely due, was not employed to give executive effect to it. The post was offered, in the first instance, to Sir Charles Dilke, who was known to be in complete harmony with Mr. Chamberlain. In spite of the fact that he was to be admitted to the Cabinet, he decHned the post, on the ground that, although in the Cabinet, he would be subordinate to Lord Spencer, and would have to defend acts of administration for which he was not responsible. The offer of the post was then made to Lord Frederick Cavendish, brother to Lord Hartington, whose wife was niece, and almost in the relation of a daughter, to Mrs. Glad- stone. Lord Frederick had been, for a short time, Secretary to the Treasury — the most important post in the Government outside the Cabinet. He was a man of the highest character and public spirit, modest and diffident of his own powers, with no reputation as a speaker in the House, but recognized by his friends as of great ability, and as a sound Liberal. He was in complete agreement with Mr. Gladstone's views about Ireland. It was thought that Mr. Gladstone, by this appoint- "lent, hoped to strengthen his political relations with Lord 313 214 GLADSTONE AND IRELAND Hartington, who had already shown signs of divergence on many questions. The appointment was made on May 4th, and was announced in the House of Commons that night. On that morning, when crossing the Horse Guards Parade on the way to my office in Whitehall, I met Lord Frederick Cavendish, and had some conversation with him. He told me that he was going to Downing Street, where he expected Mr. Gladstone to offer him the Irish Secretaryship. He was very unwilling, he said, to accept it, as he preferred his then post of Secretary to the Treasury ; but he thought that he should have to take the post, as a matter of duty, if pressed upon him. Turning to me, he said, " Would you like to go to Ireland in place of Forster ? If so, I will refuse the post, and I think it will probably be offered to you." I replied that I could not answer the question, without knowing what was to be the new policy, as I was strongly opposed to renewing coercion. With that our conversation ended, and I never saw Lord Frederick Cavendish again. Two days later he met his end gallantly defending Mr. Burke, the Permanent Secretary for Ireland, from the band of assassins, who murdered both of them. Meanwhile, Pamell, who was released from Kilmainham immediately after the Cabinet of May 2nd, crossed the Channel on the next day, and on May 4th made his dramatic reappear- ance in the House of Commons, as above described. On Satur- day, the 6th, Pamell, Dillon, and O'Kelly, the three released suspects, went to Portland to meet Davitt, at the gates of the convict prison, on his release, which had been directed by Sir William Harcourt, in pursuance of the new policy. Davitt had been in prison there for fifteen months as a convict, whose ticket-of-leave had been revoked ; though by special orders of Harcourt he had not been subjected to all the rigours and indignities of the convict prison rules, he had been entirely cut off from the outside world, and knew absolutely nothing of what was taking place. His surprise, at his release and at meeting Pamell and his colleagues, was very great. They travelled together to London. " All the way," says Davitt, " Pamell talked of the state of Ireland ; said it was dreadful ; denounced the Ladies' Land League ; swore at everybody, and spoke of anarchy, as if he were a British Minister bringing in a Coercion Bill. I never saw him so wild and angry. The THE PHCENIX PARK MURDERS 215 Ladies' Land League, he declared, had taken the country out of his hands, and should be suppressed. I defended the ladies, saying that, after all, they had kept the ball rolling while he was in gaol. * I am out now,' he said, ' and I don't mean to keep the ball rolling any more. The League must be suppressed, or I will leave public life.' "* There seems to have been amusing conversation between the four Irish leaders, thus released from prison, about a future Home Rule Government in Dublin. Pamell laughingly assigned posts in it to the other three. Dillon was to be Home Secretary, Davitt to be Inspector of Irish Prisons, and O' Kelly, the future head of the Constabulary. " We are on the eve of something like Home Rule," Pamell said. " Mr. Gladstone has thrown over coercion and Mr. Forster, and the Government will legislate fmther on the Land question. The Tory Party are going to advocate land pur- chase, almost on the lines of the League programme, and I see no reason why we should not soon obtain £l11 we are looking for in the League movement." On their arrival in London, they were welcomed by a crowd of friends. Their rosy expectations for the future were destined to be cruelly dispelled by the grave events, of which Dublin was the scene, on the same day. Lord Spencer and Lord Frederick Cavendish had crossed the Channel the previous night ; they took the oaths of their respective offices on the Saturday. The new Lord-Lieutenant made his state entry into Dubhn, and was cordially, if not enthusiastically, received by the people. The change of policy, which his appointment seemed to indicate, gave general satisfaction. It raised hopes of yet further development. Late in the afternoon. Lord Frederick, after transacting business with Lord Spencer at the Castle, drove on a car to the Phoenix Park. At the entrance he dis- mounted, and being overtaken by Mr. Burke, the permanent Under-Secretary, walked with him towards the Viceregal Lodge. There was gross neghgence, on the part of the police, in not affording to him the same vigilant protection which they had always provided for Mr. Forster. When a short distance from the Lord-Lieutenant's residence, and within sight from Its windows, the two officials were suddenly attacked by a band of assassins, armed with long knives. Their object of » Life of Parnett, 1, 364. 216 GLADSTONE AND IRELAND attack was Mr. Burke. Lord Frederick tried to defend his colleague with his only weapon — an umbrella. Both were stabbed to death. Their dead bodies were found by passers- by within a few minutes. The assassins escaped without recognition, though it was still light, at seven o'clock in the evening, and there were many people in the Park. Those who saw the affray from a short distance, and from the windows of the Viceregal Lodge, thought that it was a mere scuffle of men at play. It transpired some months later, when the murderers were on their trial, that they were members of a secret society called " The Invincibles," formed expressly for the purpose of political assassinations, and with the deliberate intention of taking the lives of Mr. Forster and Lord Cowper. They had, on several occasions, devised elaborate schemes for waylaying Mr. Forster, but had been foiled by some mischances. Finding that he had escaped from them by his final departure from Ireland, they had decided to wreak their vengeance on Mr. Burke. They did not know Lord Frederick by sight. It was the accident of his being in company with Burke which led them, through fear of recognition, to slay him. They were much surprised to learn that he was the newly appointed Chief Secretary. Months passed before any clue was obtained as to the murderers. The details of this terrible deed reached the members of the Government in London the same night, when many of them were at an official reception at the Admiralty. Mrs. Gladstone, who was there, returned at once to Downing Street, and thence, with Mr. Gladstone, went to Carlton Terrace on the mournful errand of breaking the dreadful news to Lady Frederick Cavendish. That brave and heroic lady bore her bereavement with fortitude. It afforded some consolation to her to know that her husband died in the performance of his duty, and in the attempt to save the life of his colleague in the Irish Government. She tried to assuage the grief of Mr. Gladstone by saying that he had done right in sending her husband to Ireland. She wrote to Lord Spencer that she would have given up her husband, if she had known that his death would work good to his fellow-men, for that, indeed, was the whole object of his life. It was not till the next morning (Sunday) that Pamell THE PH(ENIX PARK MURDERS 217 heard of what had occurred. He was distressed beyond measure. In an interview with Dillon, Cowen, Davitt, and others, he is described by the latter as being completely unnerved by the terrible event. He said he would retire from the leadership of the Irish Party, and give up politics. " How can I carry on a public agitation if I am stabbed in the back in this way ? " He spoke of the crime as the work of extreme men, who were hostile to his leadership, and were incensed by his compact with the Government. His friends endeavoured to persuade him from resignation. By their advice, a mani- festo to the Irish people was drawn up and signed by Pamell, Dillon, and Davitt, condemning the crime, and expressing the hope that the assassins would be brought to justice. It con- cluded with the following sentence, suggested by Mr. A. M. Sullivan t " We feel that no act has ever been perpetrated in our country, during the existing struggle for social and pohtical rights of the pcist fifty years, that has so stained the name of hospitable Ireland, as this cowardly and improvoked assassi- nation of a friendly stranger, and that until the miurderers of Lord Frederick Cavendish and Mr. Burke are brought to justice the stain will sully our country's name." Later, Pamell called on Mr. Chamberlain and met Sir Chaxles Dilke. They strongly dissuaded him from resignation. Strange to say, also, he wrote to Mr. Gladstone, not, as has been alleged, offering to resign his leadership, but asking for advice. Mr. Barry O'Brien gives Mr. Gladstone's version. " On the Sunday after the Phoenix Park murders, while I was at lunch, a letter was brought to me from Pamell. I was much touched by it. He wrote evidently under strong emotion. He did not ask me if I would advise him to retire from public life or not. That was not how he put it. He asked me what effect I thought the murders would have on English public opinion in relation to his leadership of the Irish Party. Well, I wrote expressing my own opinion, and what I thought would be the opinion of others, that his retirement from pubhc life would do no good, but, on the contrary, would do harm. I thought his conduct on the whole matter very praiseworthy." * This advice appears to have determined Pamell, and no more was heard of his resignation. There is no doubt, how- * Life of Pameil, I, 357. 218 GLADSTONE AND IRELAND ever, that he was profoundly affected, and regarded the crime as aimed, in a great measure, at the constitutional agitation of which he was the leader. His communications on the subject with Mr. Gladstone, Mr. Chamberlain, and Sir Charles Dilke were significant as to the entente which had been arrived at. On Monday, the 8th, Mr. Gladstone moved the adjournment of the House of Commons, at its meeting, as a mark of respect and grief for the murdered men, and of horror of the crime. He said of Mr. Burke that he was one of the ablest, the most upright, the most experienced, the most eminent men in the Civil Service ; and, of Lord Frederick, that one of the very noblest hearts had ceased to beat, when it was just devoted to the service of Ireland, full of love for that country, full of hope for her future, full of capacity to render her service. Most appropriate references and eulogies were made by Sir Stafford Northcote, Mr. Forster, and Mr. Lowther. Mr. Pamell, in a few well-chosen words, expressed, on behalf of all Ireland, unqualified detestation of the crime, and his conviction that it had been committed by men who absolutely detested the cause with which he had been associated, and who had devised the crime and carried it out as the deadliest blow which they had in their power to deal against their hopes, in connection with the new course on which the Government had just entered. Mr. Gladstone also gave notice, that all previous arrange- ments and intentions of the Government must be reconsidered, and that, on the following Thursday, a measure would be introduced for the repression of crime in Ireland, and that another measure, dealing with arrears of rent, would also be introduced as soon as possible. On this, Mr. Pamell said that he did not deny that it might be impossible for the Government to resist the situation, and that they might feel themselves compelled to take some step in the direction indicated by the Prime Minister. The House then adjourned. Three days later upwards of three hundred of its Members were present at the fimeral of Lord Frederick Cavendish, at Edensor, a remote village in Derbyshire, the burial-place of his family — a most striking testimony of the respect in which he was held, and of horror of the crime which had deprived the country of his services. With respect to the Irish Government, Mr. Forster at once offered to go back to Ireland, to help temporarily in its ad- THE PH(ENIX PARK MURDERS 219 ministration, until new arrangements could be made. It was not thought well to accept this generous oiBEer. A successor to Lord Frederick was quickly found in Mr. Trevelyan