< / . / \0 LAND L AND THEIR RESULTS AT HEOAdlB AAISTO ABROAD. LLlfe* BY WILLIAM SAUNDERS SECOND EDITION. IP -R I O E SIXFEISTGE. HULL : EASTERN MORNING NEWS.” LAND LAWS AND THEIR RESULTS, A.T HOME A. 3STO A BHOAD. BY WILLIAM SAUNDERS. HULL : PRINTED AT THE “EASTERN MORNING NEWS” OFFICE, WHITEFRIARGATE. Digitized by the Internet Archive in 2017 with funding from University of Illinois Urbana-Champaign Alternates https://archive.org/details/landlawstheirresOOsaun LAND LAWS AND THEIR RESULTS, AT HOME AND ABROAD. W ILTSHIRE is a county where the breezy downs abound in waving corn, and the fertile valleys are rich with all kinds of verdure. I can understand people wanting food in Connemara, where stones are more abundant than bread, but it is clear that Providence never intended any one to suffer from hunger in Wiltshire, where at least bread and bacon ought to be ever abundant. But what are the facts? In my young days the wages of labourers were 6s. per week. I well remember the time when at a con- clave of farmers the wages were reduced from 7s. to 6s. per week, and how the workmen, previously listless, perceptibly slackened their slow pace and constantly observed to each other, u Well, anyhow we are doing enough for a shilling a day.” In harvest time they cut the wheat crops for 7s. per acre. the f and if a man worked from 4 o’clock in morning until 8 or 9 o’clock in the evening, and had a woman to help him, he would cut three-quarters of an acre in a day. But harvest work lasted only about a fortnight in the year, and barely enabled them to pay the rent of their miserable cottages. I did not then know that what made the men so pale, the women so thin, and the children so listless, was sheer starvation. In the midst of wealth and plenty these hard-working* men were slowly but surely starved. I can see before me 4 LAND LAWS AND THEIR RESULTS. now the gaunt figures of men who died early, and who I now know died of starvation. While these men and their families were wanting food, wagon loads of unthreshed barley were taken every winter by my father’s house, and scattered in the woods to feed the pheasants, while the peasants were left to starve. The young men who had unusual energy saved themselves by wiring rabbits, and oc- casionally netting a pheasant. These bad fellows were sent to Devizes gaol, and when let out, went elsewhere, leaving our locality to innocence and inactivity. I see how it is that many good people in our neighbourhood went to heaven : it was because they were starved on earth. If any one doubts that they were starved, let him calculate what a housekeeper can obtain for 6s. per week towards the maintenance of a family. During a recent visit to Wiltshire I found that nearly all the men who worked so patiently forty years ago are now in the churchyard. A few are living, and living on the pittance they obtain from the parish. In one respect the condition of the people is altered for the worse : every inch of road-side land has been taken from them. Two or three families in the neighbourhood kept cows forty years ago, which they pastured on the common land at the side of the road, but all these lands have since been added to the property of the landlords, and it h now almost impossible to buy milk for the children, for the farmers are much to “ large ” to sell milk. But, worse than all, the only playground for miles round was ruthlessly, and I fear hopelessly, enclosed last year by the lord who owns the adjacent land ; and county policemen have been introduced, whose chief duty seems to be to prevent children from SMALL AND LARGE FARMS. O playing in the so-called marketplace, which, however, has long since ceased to be used for a market. There is one redeeming feature : a small portion of the land in the locality has been let during nearly a hundred years past in small allot- ments of a few acres each. Of course for such a privilege the owners have demanded, and have received, more than twice the rent which they expected the large farmers to pay ; but neverthe- less, the small holders have generally done well, and I found some of them last year living com- fortably on a moderate competence in their old age. The labourers, too, have had their wages increased, but even 10s. or 12s. per week is quite insufficient to provide the necessaries of life, and this rise of wages is the result of a demand for labour elsewhere, and does not come from the farming prosperity of the neighbourhood. Indeed the farmers are badly off ; many of them have been ruined, and are seeking their fortunes elsewhere. Several of the farms are tenantless, and good land is offered in vain by the owners at 20s. per acre, on a lease for 21 years, and the first year free. Yet on these terms land is unlet, and is apparently going out of cultivation. This is the state of things which I found last autumn. It formed a strange contrast to what I had just seen during a visit to the United States. There the landlord, farmer, and labourer are rolled into one. Agriculture is thus carried on by men who work for themselves on their own land. They work with a will, and are amply rewarded. In England, the unprecedented development of mechanical industries and commerce has distracted attention from the land, and the aggregation of population in large cities has caused a large pro- portion of our countrymen to be entirely unac- quainted with land, in the agricultural sense. So 6 LAND LAWS AND THEIR RESULTS. much is this the case, that many persons would he almost alarmed if they found themselves in a field alone, and if a Londoner visits an agriculturist he thinks himself insulted when his country cousin earnestly invites him, in the language of Punch , to u come and see this lovely pig.” For he knows not that the infant pig has lines of beauty in which a genuine artist may take delight. For a correct appreciation of this subject, it is necessaiy to understand, at the outset, the essential difference between land and other kinds of property. If a man makes bricks, or builds houses, his property is obviously the result of industry ; he owns what he has created, and thus possesses a natural title which no one is inclined to dispute. All property other than land is the result of industry, and its value is subject to competition, as more bricks can be made or more houses built if the present owners of bricks or houses require an exorbitant price for them. Land is the gift of Nature ; it is essential to the exercise of every industry, without it we cannot live, or move, or have our being. It is limited in extent, and its absolute possession in large quantities is incon- sistent with human liberty. A large landlord, with uncontrolled powers, has more authority over the inhabitants of his district than is claimed by, or allowed to, any government upon the earth. No principle is more clear or more important, than that every right which involves a monopoly must be held subject to the control of the Govern- ment, in the interests of the public. Thus with re- gard to railroads, Government not only lays down the conditions under which the right to construct a railway is granted, but it reserves to itself the power of subsequent interference, if necessary, for the pro- tection of the public. No one would think of giving LEGISLATION BY AND FOR LANDLORDS. 7 uncontrolled power to a water company, which in- fluences only one of the necessaries of existence. A large landowner controls nearly all the conditions of human life. In England, the large landowners got the upper hand at Runnymede, and have maintained a preponderating influence in the Legislature since that time. As landlords possess similar dispositions to other persons, they have a habit of taking care of their own interests, which are sometimes advanced at the expense of other people. Mr. Wren Hoskyns thus expressed himself on this point : “Land long held, and still in a measure holds, with us, the dangerous prerogative of being its own law- giver — a power hardly to be trusted to any human hands without check or counter-weight.” From time to time, landlords in this country improved their opportunities until they relieved themselves of many of the obligations under which they originally held their lands. They then cast their eyes upon the common lands, over which the public had rights, and they declared that it would be much better if these lands were in their own possession ; and so Acts were passed which practically gave the common lands to the lord of the manor, or other holders of land in each manor or parish. They were thus summarily taken away irom poor persons who had previously used the commons for the purpose of maintaining cows, donkeys, or geese, and in numerous cases where industrious persons had erected small dwel- lings upon common land, these houses were claimed by the lord of the manor. The Legislature, elected by landlords, acted religiously upon the principle that u w’hosoever hath, to him shall be given, and whosoever hath not, from him shall be taken away, even that which he seemeth to have.” 8 LAND LAWS AND THEIR RESULTS. This action on the part of English landlords was not always unpopular, and, to their credit it may be said, they took the land with so much courtesy, and used their powers with so much moderation and liberality, that many of the people felt rather obliged to them than other- wise. It was industriously circulated that the poor were greatly benefited by enclosures, as they were employed on the enclosed lands ; and respecting the rest of the community it was urged that every one would benefit by the increased production of the soil. The fact was overlooked that the employment of labourers would have been at least as great, and the benefit of increased produce quite as much, if some consideration had been bestowed upon the claims of those who had previously benefited by the use of the common lands. The people of London, however, refused to be charmed out of their common lands, and were therefore exempted from the Enclosure Acts which have been so fatal to other communities. Thus the common lands around London, to the distance of 15 miles, have been preserved, and are now worth — well, the same area covered with cloth of gold would not be worth half as much. It will thus be seen how it happened that the land in this country got into the hands of a few landlords ; but how is it that the number of landlords is still diminishing? It occurs in this wise : When William the Conqueror distributed land to his favour- ites he gave them the power of settlement or entail — that is, it was ordained that a man should have the power of so settling his lands that they must be inherited by his son and his son’s heir, who may be unborn at the time of the settlement. If the son comes to grief, however badly, and all his brothers and sisters, and all the brothers and sisters of the THE LAW OF ENTAIL. 9 future grandchild-heir, become paupers, still the land remains unassailable ; and by continued ke- settlement, which systematically takes place, the claims of relations and creditors are defied, the land kept together, and the original name and title handed down to posterity. This arrangement, which originated in the vanity of Frenchmen, we have continued, and the effect is this : a large portion of the land in Eng- land, variously estimated at one-half to four-fifths, is thus settled or entailed. These settled estates cannot be made smaller, but they may be made larger. Where there is a tendency to change, and change can be made only in one direction, of course that direction is taken, and thus estates have in- creased in size until nearly all the agricultural land in the kingdom is now in the hands of 30,000 landowners, and this number is constantly diminish- ing. Thus we have a state of things the like of which, or anything approaching to it, cannot be found in any other country in the world. If we had nothing further to say about English land laws, they would present a most wonderful topic for our consideration. When we remember what land is, and how its value mainly originates in the industry of others than the owners, it is almost be- yond belief that individuals can be allowed to monopolise such vast areas, and charge other persons what they please for the right of working and living upon them. But not only are the rights of property over extensive districts permitted to those who do not personally work the land, but they are allowed to retain this right, while the property of which they enjoy the use is relieved of the ordinary obligation of paying debts and providing for children, which attaches to the pos- sessor of other property. Until 1833, land that 10 LAND LAWS AND THEIR RESULTS. was not under settlement could not be taken for the payment of ordinary contract debts, and in the present day the owner of a settled estate may leave his creditors unpaid, and all his children except one unprovided for, and yet transmit the estate, unim- paired, to his eldest son; in fact, he not only may do so, but he most do so. However honest or tender-hearted he may be, he cannot detach a single acre to pay injured creditors, or to support children other than his heir, who inherits the property whether the father wills it or not. However weak or wicked the eldest son may be, he must have the land in accordance w T ith the settlement. But it is not enough that landlords retained land free from ordinary social claims, that they relieved themselves from the public obligations under which they obtained their lands, that they absorbed the public commons and the valuable frontage strips which lined the sides of our public roads, but further, they passed laws, the carrying out of which would be regarded as atrocities if perpetrated in Bulgaria. As an illustration of what these laws are, it may be mentioned that a landlord can leave his rent uncollected for several years, and if the cattle or sheep of a neighbouring farmer come upon the land, he may seize them for the rent due from his own tenant, and thus confiscate the pro- perty of a perfectly innocent neighbour. At the very time that much of the common land was taken from the poor and added to the broad acres of the rich, the Government, under the influence of landlords, imposed a tax upon the imported food of the people in order to increase the rentals of land The labourers, thus deprived of their common lands, and with the price of food enhanced by legis- lative enactments, have suffered, during the present century, from want of the actual necessaries of life to STARVATION WAGES. 11 a degree which is probably unknown in any other civilized country in the world. Within a com- paratively recent period the wages of a Wiltshire labourer, as we have seen, did not exceed 6s. per week, upon which he had to maintain himself and his wife and children. Even at the present moment there are parts of the United Kingdom where the wages are only 8s. per week. The following state- ment appeared in The Times of Dec. 23rd 1879, : — • “At a meeting of the Midleton (Ireland) Board of Guardians on Saturday, it was reported by the Relieving Officer that he had given provisional out- door relief to live families of able-bodied men at Cloyne. The men had been idle from want of em- ployment, and their families were starving, the children in some instances being nearly naked. It was intimated that the relief could not be legally continued, and that the men, with their families, should come into the workhouse. The agent of Lord Midleton stated that in the town of Midleton there appeared to be no distress ; he could not find labourers to work for 8s. a week. Mr. Robert Pen- rose Fitzgerald expressed his belief that the practical result of giving relief works in the union would be to increase the rate of wages, and thus to aggravate the position of the farmers, who, in his opinion, were the worst off. A general feeling was expressed that in any works initiated by the guardians, care should be taken not to raise the standard of wages or to employ men who had work with farmers.” These figures mean semi-starvation. We find from the experience of the managers of our prisons and workhouses that human life cannot be efficiently maintained at the cost stated, and every housekeeper knows that the cheapest food cannot be provided for the shilling or eighteenpence per head per week upon which many British workmen and their families 12 LAND LAWS AND THEIR RESULTS. have had to subsist. Even double that amount is insufficient, and the attempt to keep men on such starvation wages is as unwise as it is inhuman. No one would think it economical to half starve a horse, and it is worse than wasteful to half starve a labourer. Agriculture in the United Kingdom is carried on under the most favourable natural circumstances. The soil is varied and fertile, the climate allows of more working days than are possible in any other country, the former has the richest market in the world close to his doors, all the appliances of mechanics and science close at hand, and capital at the lowest rate of interest. Under these circum- stances those who cultivate the land ought to be prosperous and independent, but such terms as prosperity and independence would be quite out of place if applied to the condition of the people in districts of the United Kingdom which are solely dependent on agriculture. We shall not find in any part of the world a system of land legislation and tenure which resembles our own. A hundred years ago many of the European nations were suffering from compli- cated land systems, and, being more completely dependent upon agriculture than the United Kingdom, they suffered still more severely than ourselves from obstructive land laws. Under the pressure of necessity, changes were introduced which have now been in operation a sufficent length of time to enable us to test the results and benefit by the experience which other nations have gained. It would be impossible to follow in detail the history and present position of the land laws of the various countries of Europe. The leading principles of the land systems on the Continent differ in THE RIGHTS OF OCCUPIERS. 13 general from the land system in this country in this essential particular, that they favour the distribution of land, and we favour its aggregation. In England our land legislation recognises only the right of owners, and the rights of occupiers have been disregarded. No man can participate in the distribution of an English common unless he is the possessor of manorial rights or of landed property in the manor. However much a man may have used the common, if merely a tenant or a labourer, he was allowed neither part nor lot in the matter; by the enclosure all his rights were, to use the words of the act, “extinguished.” In Continental legislation the rights of occupiers were fully recognised, and treated with great liberality. In France, a change in the land system was the result of a sudden revolution, and a settlement was effected under military dictatorship by which the occupiers of land were confirmed in possession, and rents were abolished. Landlords who did not occupy their own lands lost them. In Germany, Austria, and other countries, a change was brought about by carefully considered legis- lative enactments, made on what was regarded as an equitable basis in accordance with the general desire of the people. The effect of the sub-division of land has been the subject of fierce controversy. Great pains have been taken to impress upon the people of this country that it is impossible to work land with ad- vantage in small quantities, and of France it was confidently predicted that the distribution of land would cause the country to become a u pauper warren,” and that misery and starvation would be the result. It is at least clear that these fore- bodings have not been realised ; under political and commercial conditions far less favourable than 14 LAND LAWS AND THEIR RESULTS. our own, the peasant proprietors of France, so far from adding to the pauperism of the nation, have been enabled to advance to the Government those enormous sums required to redeem their country from the clutch of Germany. In August, 1869, Lord Clarendon addressed a circular letter to Her Majesty’s Representatives abroad, in which he stated that u Her Majesty’s Government are very desirous of obtaining the fullest information in regard to the laws and customs affecting the tenure of land in the several countries of Europe, with the view of ascertaining what points there may be in such laws and customs as could be usefully adopted in the settlement of land tenure in Ireland, which is a question of pressing importance. a It must be borne in mind that in Ireland the relations of landlord and tenant are founded on the express or implied contract of the parties, and not upon tenure or service, and that, as the vast majority of the occupiers of land hold by verbal agreement, from year to year, they are liable, upon the deter- mination of their tenancy, to be evicted without any compensation for their improvements, and also to have their rents raised at the discretion of the landlord. “ The object of the queries in part A is to afford Her Majesty’s Government full information as to the conditions of small proprietors in the various countries in Europe where they exist, and their mode of living, cultivation, etc.” The answers to this circular are very voluminous, occupying two large Blue-books, of more than 900 pages. They afford copious information, with intelligent comments upon the effect of land legis- lation in almost every county. FACTS FROM OTHER COUNTRIES. 15 The following summary gives the substance of these reports in their original order : REPUBLIC OF HAMBURG. The land throughout is in the hands of small proprietors, who live in their own houses, and cultivate their own soil. They live comfortably, and some of them are wealthy. They seem reluctant to admit the fact that they are doing well, a characteristic which belongs otherwise to the farmers of many other countries. Division of property at death follows — Roman Law. REPUBLIC OF BREMEN. The whole of the land is in possession of the cultivators of the soil. The small proprietors are generally in circumstances of sufficient comfort to support their families respectably. REPUBLIC OF LUBECK. One-fourth of the territory is domain of the State, let generally on leases for 20 years. One-fourth belongs to large proprietor. One-half to small proprietors. The small proprietors live in circumstances of great comfort, and the relations of landlord and tenant, where such exist, are very friendly. SCHLESWIG-HOLSTEIN. More than half of the land belongs to large proprietors ; the rest of the soil is in the hands of small proprietors. Average size of large estates, 4,000 to 6,000 acres. The estate of Quarnbeck, 4,000 acres, is let in farms of 100 to 200 acres each, at 39s. per acre, mostly for terms of 14 to 21 years. Farms are let by written contract. Holdings at the will of the landlord are unknown. The relations between landlord and tenant are friendly, and no legislative interference is called for. The peasant proprietors are well fed and clothed, and live, on the whole, very comfortably. DUCHY OF SAXE-COBURG GOTHA. By far the greatest part of the land is occupied by small proprietors. Tenants exist on properties belonging to the Ducal House, to the Church and Rectories, or to the Towns. 16 LAND LAWS AND THEIR RESULTS. A day-labourer with a family is far from well off. The small properties are frugal and improving. Their debts have been reduced, and many have saved small fortunes. Farms let by tender; leases 12 to 18 years. Landlord has no exceptional privilege over other creditors. Tenants, as compared with small properties, are much better educated in every way. GREECE. Barely one-seventh of the whole superfices of the kingdom is actually under cultivation. The State owns three-fourths of the territory. The small proprietors are extremely frugal and parsimonious in their habits, and tolerably well housed and fed. They are both warmly and comfortably clad for the climate, and genera’ ly appear to be in comparatively easy circumstances. Whatever may be the amount of money they possess, it does not in any way cause them to alter their mode of living. Extensive estates have been purchased by the peasants in adjacent villages without any apparent difficulty on their part in finding the requisite amounts. Quantity of land held by each tenant is 15 acres. Tenancy usually from the year to year. No competion for land. Peasant proprietors are better off than tenants. Intestate estates are equally divided amongst children. Laws favour sub-division of land. Government land let for 15 per cent, of produce. There are several reports from various districts in Greece, usually of the same purport as the one quoted. FRANCE. Property is generally divided into three classes : — 1st. — Proprietors averaging 600 acres, about... 50,000 2nd. „ 60 „ ...2,500,000 3rd. „ 6 „ ...5,000,000 With some rare exceptions, all great properties have been gradually breaking up, and even the first and second classes are now fast merging into the third. When land is let the leases vary from one year to thirty years. The tenant can sell his interest, unless his lease forbids his so doing. A testator may bequeath one-fourth of his property as he pleases if he has three children, one-third if fwo children, and one- half if only one child. Remainder must be distributed amongst his children without distinction of sex or age. FRANCE. 17 It will he found as a general rule, that the small proprietor accommodates himself to the circumstances of the locality which he inhabits and that his standard of living is generally such as to show that he is, if not always contented, at least comfortable. The prevalent public opinion is that the tenure of land hy small proprietors has been advantageous to the production of the soil, and has tende l to the improvement of the material condition of the agricultural population. ... It conduces to political as well as social order. The division of land has been attended with great benefit, but the unlimited partition of the small properties, as they already exist, would destroy this benefit, and be productive of serious evil. Mr. Sackville West, who drew up the report respecting France, makes the following observations : — ‘‘The system hy which the tenure of land is regulated may be said to have affected the character and social condition of the population more than it has been itself affected bv them. It has been, in fact, the cause, and certainly the arbitary cause, of the change ; for it sprang up, as it were, upon the ruins of a previous State, and was moulded into a system by military supremacy. “ The small proprietor has been the creation of a system which, whatever may be urged against it, has reconstituted the rural economy of the nation, and more than doubled the produce of the soil.” KINGDOM OF WURTEMBURG. The land is now almost entirely occupied by small proprietors. Of these 150,000 are farmers, occupying 3,500,000 acres, and the remaining 543.000 acres, devoted to agriculture, are occupied by 180,000 peasant cultivators. The farmers are of a superior class ; they and their families live habitually on meat, their clothing is of good quality and their daughters may be seen wearing silk dresses. The condition of the smaller cultivators is much disputed. Where they cultivate the vine the uncertainty of the crop often leaves them in great distress, and they suffer severely in years when the vine crop fails. Speaking generally, however, the evils of small holdings are not sensibly felt in Wurtemburg, as, for instance, they are in Ireland. The laws enjoin the equal division of paternal property. B 18 LAND LAWS AND THEIR RESULTS. GRAND DUCHY OF BADEN. Tlie pastures, which amount to seven per cent, of the whole, are communal property, and are used in common by the citizens of each commune. The land is generally much sub- divided. Large estates are rare. Land is divided equally amongst heirs. The small proprietors are clad in woollen and cotton stuffs, and inhabit solidly built house , with windows, stoves, and chimneys. The sitting and bedrooms aie, generally, seperate. The rooms contain wooden, mostly unstuffed-, furniture. Their food is bread, milk, pot at< ies, vegetables, salads, peas, beaus, pork , and occasion a lly beef or mutton. The small proprietors do not differ from the larger proprie- tors in respect to their dwellings, clothing, mode of living, or education. They attend the same schools, and take in the same way an interest in all the affairs of public life. Since the revolu- tion, in 1 84^, there as been a great improvement in the houses and mode of living of the peasants. The prevalent public opinion is that the system of small freeholds tends to promote the greater economical and moral prosperity of the people, to raise the average standaid of education, and to increase the national powers of defence and taxation. It seems to be a generally established fact that small farmers realise larger returns than the large farmers do from the same number of acres, and the result is that large properties and large farms are disappearing and being parcehed out among a number of small farmers. ITALY, SOUTHERN PROVINCE. The land is chiefly occupied by proprietors. Farms vary from 200 to 300 acres — occasionally 1,000 acres. Leases 4 to 6 years. One half of the landlord’s property must be equally divided among lus children. The small proprietors, except in the Calabiias, are tolerably well housed and fed ; they have fresh meat once or twice a week. BELGIUM. About one-fourth of the land is cultivated by prop] ietors and three-fourths by tenants. HAMBURG, BREMEN, LUBECK, HOLSTEIN, GOTHA. 19 The relations between landlord and tenant are said to be in general friendly, but, in the country round Tournai, Ath, and Oourtrai, an ill feeling termed “ mauvais gre ” prevails. This feel- ing seems to have originated from the landlords exacting a sum of money from incoming tenants previous to allowing them b» take possession of their farms, and at the termination of the lease refusing to pay the sum exacted. The evicted tenant. Leling himself aggrieved, caused out rages to be perpetrated which were of a very serious nature — assassinations, rick burning, destruction of stock and crops — the actual perpetrator being, as a rule, hired from a distance. From 183G to 1841 there had been 43 acts of incendiarism and 11 assassinations. In Belgium children inherit property in equal shares. Sinai! proprietors who farm their own land occupy in general well-constructed houses, and are comfortably clad. Throughout the provinces, of Flanders sj ade husbandry prevails. The whole ot the labour on the farm is sup; lied by the family. The parents and two adult children can easily work a farm of twelve-and-a-half acres. If the children are young a day labourer is usually employed during the harvesting. 'The farmer’s •wife manages the dairy and stable departments. The sale of butter should, and does, indeed, pay all the household weekly expenses. Farms are generally let upon lease. Landlords usually provide .and maintain all buddings. Under the system of small proprietorships it is observed that the land Is better manured. Nothing capable of being turned into -compost is wasted. It is kept cleaner. The artisan devotes all his leisure time to the cultivation of his small holding ; and all spare hours of labour are utilised by the whole family, his wife and children assisting him in weeding and the lighter occupations connected with land. It is more productive. When half of one crop is gathered, the other half is already planted or sown. The prevalent opinion in Belgium is in favour of the sub- division of land, and of small holdings ; the latter are particularly favourable to high rents. PORTUGAL. Two-thirds of a man’s estate descends absolutely to his lawful heirs. Relatives in the same degree take equal shares. 20 LAND LAWS AND TIIEIR RESULTS. The rural population is described as ailing, weak, and apathe'ic. The people are too weak and possess too little energy for the physical effort demanded of them. This description is more applicable to the class of very small proprietors than to the hired labourers, who, in many cases, are supplied with rations. Ten per cent, of the population are landowners. Entails were abolished in 1863. An intelligent interest is now being steadily developed in all questions of rural economy ; the stagnation of centuries is gradually yielding before the spread of enlightenment. THE NETHERLANDS. Practically the whole of the tenant farmers of Groningen hold under interminable leases, subject to the payment of a small annual rent, and certain obligation on specified occasions, such as marriage or succession. The quantity of land held by each proprietor farmer may be said to vary, generally, from fifty to one hundred and twenty-five acres. The landed proprietors engaged in the cultivation of their own farms invariably live on these farms. A duty of four per cent, is levied on the registration of a transfer. The tenant is bound to stock and properly cultivate the farm. The landlord usually provides all buildings. If a tenant erects buildings, he is at liberty to remove them. In case of half, or more than half, of the harvest being destroyed by some unforeseen accident or misfortune, a pro- portionate diminution in the rent has to be made for that year. The law of inheritance requires the division, in equal portions, amongst the children or next of kin. PRUSSIA. The Prussian law had been, to the beginning of the eighteenth century, occupied in more and more recognising the encroachments of the lord of the manor upon the land and the serfdom of the peasants, but Frederic the Great marked his reign by many an act of legislation which testified to a better conception of the true relations of man and land. In 1739, the Provincial Governments we^e ordered to pre- vent the evictijn of a peasant except upon well-founded grounds, and upon the lord of the manor replacing him by another PRUSSIA. 21 peasant cultivator. In 1749, Frederic the Great prohibited, under penalties, all absorption of peasant lands. In 1704, the re-peopling of peasant farms, which had been abandoned since the war of 1756, was commanded, under heavy fines. At the death of Frederic the Great the largest portion of the peasants’ estates were subject to the more or less absolute dominion of lords of the manor. The remainder of the peasant estates were held as freeholds, but the owners were generally more or less restricted in their powers of dealing with their property. Rights of common were so numerous and onerous as to materially interfere with the prosperity of the community. The progress of remedial legislation was slow, until after the peace of Tilsit. Then Prussia made a sudden and great stride, and has continued to advance rapidly in the path of a development of her agricultural resources. In 1807 a committee prepared a project of law, which aimed at facilitating the acquirement of absolute ownership. Its underlying principle was, as the King stated, “ to remove what- ever had hitherto hindered the individual from obtaining that degree of well-being which he was capable of reaching by ex- ertions according to the best of his ability.” The objects of the edict of 1807, were : — 1. — To abolish all encroachments on personal freedom. 2. — To abolish all restrictions of rights of property in land. 3. — To relieve the peasants from the burden of being the special and sole class for payment of most of the public burdens. 4 . — To abolish the powers of lords of the manor, and to convert peasant lands into free and absolute property, with com- pensation to the lords of the manor. The enumeration of the powers and rights abolished without compensation comprises all those arising from the dominion and jurisdiction of the feudal lords, and the dues levied on their account ; various fines, such as fines for keeping cattle or bees, fines on baptisms, etc. ; also services of personal attendance, the obligation to sell produce to the lords of the manor, and the obligation to labour for the customary wages of the district. Respecting the commutation of real charges, normal prices are fixed for services rendered by the day, and the value of ser- vices rendered by the piece is ascertained by arbitration. Dues on corn were commuted according to their price at Martinmas, on an average of twenty-four years. 22 LAND LAWS AND THEIR RESULTS. The balance of these charges is the commutation rent. The possessor of a property in laud is empowered to require such a reduction of that rent, if necessary, as shall leave to him the full third of the net proceeds of his property. The commutation rent-charge can be discharged by payment down of eighteen years’ purchase. The policy of Prussia has always been not to carry the obligation of compensation so far as to offer a gift with one hand, and to render it valueless by the imposition of conditions with the other. Since, in commutation of n al charges and services, the State struck out all the ascertained amount of commutation in excess of the two-third’s of the peas ant farmer’s net income from the land. Otherwise the peasant might have received a valueless gift, and the policy of the State would have been partially defeated. The abolition of services of forced labour released the peasants from 5J millions of days of hand labour, and 21^ mi Hi ns of days of team labour. The commutation of real charges and services has caused a sum of £28.500,000 sterling to pass from the peasant to the lord. The value of the com-, muted labour to the lord was £2,250,000 a year, whereas the capital they received only yields, at four percent., one half of that sum annually. If, therefore, there had been nothing more in the operation than the exchange of one commodity against another commodity — of land against labour — the peasant 1111151 ; be held to have gained, and the lord to have lost pecuniarily by the bargain. But this conclusion is reversed, or at any rate' Equalised, by the consideration that there existed various other rights on the part of the peasant, and various other obligations on the part of the lord, which entered into the account for commutation. Whatever hardships it may now or then have inflicted, there is scarcely a voice raised in dissent from the praise universally bestowed in Prussia upon the wisdom and policy of the national agriculture legislation. The most important object of the intervention of the sovereign in Prussia was the preservation of the peasant lands from the rapacity of manorial or qnasi-manorial lords The grievous defects of the Prussian agricultural economy at the Commencement of the century were on all sides recognised, and, whereas, in France a terrible revolution had removed similar defects, in Prussia an admirable legislation evoked- suddenly by a national disaster begins, without a revolution, ta produce a most wonderful transformation of the former agricul-s tural economy into the existing beneficial organisation of her agricultural forces. PRUSSIA. 23 No commutation can exceed two-thirds of the value of the peasant’s land. There are various reasons of equity for this limitation, as well as the paramount reason of State policy, that the peasant should he able to discharge his pecuniary obligation without being forced co dispose of his land. The common law requires that parents should leave their children a fixed quota of their property, one-third for one or two children, one-half for three or four children, and two-thirds for more than four children. The term of leases is usually twelve, eighteen, or twenty-four years. The result of all this legislation is, that land is the absolute property of a large number of owners, that each owner is quite independent of any other owner, and that any other relations between man and land are rare throughout the kingdom. The desire of the cultivator to own land is the same in both countri s, but the principle of absolute property in the land for .the cultivator is wanting in Ireland. Hence in Prussia that desire is satisfied, and in Ireland that desire is unsatisfied. The number of small proprietors is 1,400,000. Of these, about 000,000 possess sufficient land to support themselves and their families. The minimum for this purpose is seven acres, or thereabouts, in very fertile and well-favoured districts, and in- creases, according to the decreasing local advantages, to twenty acres or more. It is not intended to affirm that all these 600,000 owners are able to bring up families in average comfort, and without occasional straits, but that they rely entirely upon the pro- ductiveness of their agricultural labour on their land, and in average times keep poverty at a great distance, and aie in a position by great thrift to increase the ease of their position. The remaining 800.000 are day labourers, or have another industry as auxiliary to their agriculture. Public bidding seems to be adopted in respect of the State demesnes, of lands of com- monalities, and of lands in mortmain. The State demesnes have largely profited by it, but the competition seems seldom to have raised tne rent too high. In purely agricultural districts pauperism is very rare and beggars are unknown. As regards the returns of land, 'the small and middle proprietors obtain a greater return per acre than the large proprietors. The contrast between the 1,000,000 agricultural proprietors of Prussia, and the 30,000 farming proprietors, and the 2o0,000 tenant-farmers of Great Britain, is startling. Such uncoil- 24 LAND LAWS AND THEIR RESULTS. tradicted assertions as that one-half the lmd in England is in the hands of under 200 individuals, and in Scotland of a dozen individuals, are incredible to Prussian ears, and betoken to Prussian authors and others an unsound agricultural organ- isation. Tenants are to the proprietors as one to twenty. The average price of land is, for tillage £52 10s. an acre in the department of Bonn, and £53 an acre in the department of Cologne, and for garden land £76 10s. and £124 respectively, and for meadow land in the former £46 an acre. It is not unusual for the land to be purchased in many parts of the kingdom at fifty to eighty years’ purchase lor agricultural purposes. Yet the purchasers are not ruined. UNITED STATES. The system of land occupation in the United States of America may be generally described as by small proprietors. Tlie pi oprietary class throughout the country is, moreover, rapidly on the increase, whilst that of the tenancy is diminishing. The theory and practice of the country is for every man to own land as soon as possible. The term of landlord is an obnoxious one. Land is so cheap .there that any provident man may own land in fee. Heavy taxes are paid on land. Absolute titles to land are easily and quickly acquired, and the cultivation of the soil is so remunerative that tenants soon accumulate the means of pur- chasing the land, and of thus becoming proprietors. The fees for registering deeds are very small, say from one to four dollars (3s. to 12s.) For ordinary conveyances the cost may be stated at from three to five dollars (9s. to 15s.), to which about two dollars (6s.) may be added for recording. Although practically any one man may acquire as much land as he can pa^ for, the whole tendency and effect of the laws of this country are conducive to dispersion and multitudinous ownership of land. In many European countries the sale and transfer of land are hampered by legal complications, which entail heavy expenses. In the United States, on the contrary, the sale and transfer of land are concluded with about the same ease as would be the sale of a watch. An instance could be cited of an estate (in one of the Northern States,) that consisted of real property worth UNITED STATES. 25 £206,612, and personal property, valued at £02,644, which was left by the testator to his children, ilis son and son-in-law were the executors. Within three months after his death, the property, real and personal, was divided among his heirs, each entering into fil l possession of his share ; all the necessary legal formalities were fulfilled, and the whole expense of probate and other fees, cost of registering and engrossing the several deeds of partition and all other papers, and every expense did not ex- ceed the sum of £22 l Os. SWITZERLAND. The quantity of land usually held by “small proprietors” varies from 6 to 12 acres each. On the death of the owner the land is equally divided amongst the children. The duty on trans- fer by inheritance varies from 2 to 12 per cent., according to the degree of relationship. The duty on sale is 5 per cent. The quantity of land usually held by tenants is — in very small farms — near the town, from 10 to 20 acres each; at a greater distance from the city, farms are 30 to 50 acres. Improvements, especially buildings, are executed by the landlords. The landlord has a special right (leg d) on improvements made by the tenants without remuneration, if not agreed upon beforehand. The laws of the country favour the dispersion of land by allowing its division in equal parts amongst the children of the deceased owner. AUSTRIA. The whole tenure of land throughout the “'Austro-Hungarian Empire” now rests upon the common basis laid down by the Austrian Laud Laws of 1848-9. Previous to that period the Austrian peasantry were serfs. They were legally subject to forced labour. In return for this forced labour, a certain portion of land was allotted by his feudal seignieur to the peasant serf, and culti- vated by the latter exclusively on his own behalf and to his own profit. Under this regime, therefore, the peasant, although a serf, was also a proprietor. Subject to certain duties payable on transfer, &c., to his feu- dal superior, the serf, or bondsman, was the legal owner of the land he cultivated. He could sell it ; he could mortgage it ; he could transfer or bequeath it by testamentary disposition. The Land Laws of 1848-49 abolished the feudal system in Austria. The conditions of forced service and feudal impost under which he previously held the land allotted to him were then removed, and he was invested by the State with the free and unconditional ownership of it The compensation was fixed and provided for in the following way : — The Commission having calculated the 26 LAND LAWS AND THEIR RESULTS. pecuniary value of the feudal rights enjoyed by each proprietor, and the consequent compensation due to each proprietor for the ab ditioii of t!iour, and for the cession of lands, in Government Stock, in the proportion of 80 per cent, of the valuation of the latter. The peasantry were made to guarantee collectively the exact payment of their quit-rents, taxes, and ‘‘redemption dues;” that collective responsibility was laid on the village communes, which, as separate bodies, became the purchasers of the land ceded to the peasantry, who thus became in a measure only tenants under communes. In order, on the other hand, to prevent the dissolution oi- the commune — the administrative and financial unit — the Emancipation Act was calculated, by a variety of subtle pro- visions, to prevent the peasantry from leaving the soil, to which they were, therefore, attached almost as firmly as in 1592. A division and sub-division of families began soon after 18G1, and, although partially checked by the Central Govern- ment, continues to this day, in a ratio that bids fair to place the majority of adult peasants at the head of separate households. 28 LAND LAWS AND THEIR RESULTS. On the 1st November, 1SG9, almost exactly one-third — viz., about three millions of the male population of ex-serfs in Russia proper — were made perpetual tenants of homesteads and allot- ments of at able land at a rental of about 2s. per acre. The past legislation of Russia in regard to land legislation would seem to afford a practical lesson of the injuriousness of laws intended to stimulate artificially the formation of a class of small proprietors and the attachment of a peasantry to the soil. * SILESIA. The peasants have been relieved from feudal service at a comparatively recent period. They have attained the position of substantial yeomen, and can be said to constitute a valuable element in the social arrangement of the Russian dominions. The class has preserved the economical habits for which the peasantry are generally known, and their standard of living is still very simple. The fare I saw on their table was, however, substantial and abundant, and their whole arrangements such as to confiim what I heard on trustworthy authority in these localities — that most of them had arrived at that stage at which they were accumulating capital and becoming quite able to afford, out of their savings, marriage portions for their sons and daughters. As regards the cultivation of the farms owned by this clas9 of freeholders, it has been constantly improving during the last twenty years. BAVARIA. Judging from the information I have been able to obtain, both from official and private sources, I should say that the general feeling in this country is decidedly favouialde to the system so widely spread over the whole kingdom — that of laud cultivation by the peasant proprietors — this system being in ac- cordance With the traditions and habits of the population, and its results, upon the whole, satisfactoiy ; for, as 1 have already stated, the general condition of this class of proprietors is ac- knowledged to be, in the main, prosperous, and one with which they have reason to be well satisfied. TURKEY. Fixed money-rents are the exception, being discouraged by the Koran. Human wants are reduced to a low standard, but are easily satisfied all through European Turkey. The laxity of TURKEY. 29 justice, however, almost entirely prohibits the improvement of the soil by the investment of capital. The land is held chiefly by small proprietors. Between 20 and 30 acres is the average extent of land cultivated annually bv each small proprietor. Land has absolutely no value in the credit market. The general circumstances of the small proprietors are such as enable them to keep their families above actual want. There are some of them who are believed to be in easier circumstances than they care to acknowledge, and to have managed to save up money, which they hoard for fear of exciting the cupidity of others. In Turkey no one can make a bequest of his landed pro- perty. The Sheri Sherif, or Sacred Law, provides for the mode of its transmission and division after the death of the owner. The cultivation of the large farms under the “ metayer” system, is, generally speaking, far inferior to that of small proprietors. The lands of small proprietors are invariably better cultivated and produce more abundant crops. PIEDMONT. The condition of the small proprietors, may, on the whole, be considered a happy one, when their properties are not too deeply mortgaged. Morewer the system is reputed to be an excellent barrier against communistic doctrines. The small proprietor feels that he has a stake in the country, and that he may hope to advance in prosperity, while the simple labourer, especially when not sharing in the produce of his toil, is condemned to gyrate in the same circle and to see his children unable to rise higher than himself. LOMBARDY. The average sizes of the small properties cultivated by the owners themselves may be calculated at from 1 to 7 acres. Public opinion holds that small properties are advantageous on mountain soils where the spur of ownership is required to compel production. From a social point of view the possession of freeholds may always be considered a benefit to the peasantry, and whenever la pefil culluh is possible to agriculture. On irrigated lands small proprietors could hardly exist unless they formed associations for the joint cultivation of the soil. Owing to the non-occurrence of this contingency, the irri- gated plains of Lombardy are in the hands of large and wealthy proprietors, who are able to make the soil yield its increase. 30 LAND LAWS AND THEIR RESULTS. These reports are written, officially, by 53 gentlemen, most of whom are connected with the English aristocracy, and would certainly not be predisposed in favour of the sub-division of land. No one can read them without being convinced that the balance of evidence is strongly in favour of facilitating the distribution rather than the aggre- gation of land ; that the occupation of land by small proprietors is found to be favourable to its productiveness, and that the occupation of land by a large number of persons strengthens the moral, social, and political condition of a people. These reports show the means adopted by other Governments to give occupiers an opportunity, of acquiring land ; in most cases the landlords were called upon to make very large reductions upon the actual value of their claims. In Prussia the tenants were confirmed in possession on paying, at the utmost, two-thirds of the value of the land ; and they could either pay the amount as a perma- nent rent charge, or commute the landlords’ claim at 18 years’ purchase. In Austria the landlords were paid two-thirds only of the ascertained value of their claims, and one-half of the amount thus paid to them was raised by taxation which chiefly fell upon themselves. Although at first discontented with these apparently severe terms, they are now abundantly satisfied, finding that the increased prosperity of the country has enabled them to cultivate the estates left in their possession with more profit, and that the value of land throughout the country has risen 100 per cent. These reports show that unjust action on the part of landlords has produced the same results in Belgium as in Ireland, and that the most serious violations of law follow unjust evictions. They also afford valuable precedents for dealing IRELAND. 31 with nearly all difficulties arising under various systems of land tenure, of which perhaps the most immediately appropriate to the case of Ireland is the instance of evictions being suspended in Prussia when the action of landlords had become intolerable. Contrast the reports of Her Majesty’s repre- sentatives in Europe on the condition of small proprietors with the state of Ireland as described by a writer in The Times of Jan. 1 6th, 1880, on a Irish Farms and Farming.” He tells us that “ Ireland yields only poverty to tens of thousands who should be among the most happy and prosperous people oil the earth. “ Here is a country which should at least be a Paradise of live stock, a land flowing with milk, if not with honey . . . No one acquainted with the soils of Ireland will class them generally as inferior to the light sands and poor clays of Flanders, or will compare their natural fertility unfavourably with the arable and pasture of Denmark or of Holland. “ In Ireland the quantity of cultivated land is 2f acres for each head of the population. In Belgium the quantity of cultivated land is only 1 acre per head. In Great Britain acre, and in Holland lj acre. “ At the lowest estimate there are 100,000 of the small farmers living in the worst class of mud cabins, in a vast number of which the cows and pigs share the solitary apartment with the family. “ In 1871 there were no fewer than 512,801 mud cabins in the country, of which 155,075 had but one room, and these were occupied by 227,879 families.” The tenancy-at-will of small holdings is exactly calculated to bring about such calamities as that from which Ireland is now suffering. In their eagerness to obtain land, tenants will promise more rent than the average of seasons enables them to pay ; they are unable to save mone}’ in prosperous seasons, and in bad seasons they have no resource but starvation or repudiation. What Irish landlords may do, and obtain the support of the authorities in doing, can be seen by 32 LAND LAWS AND TIIEIR RESULTS. the action of Mr. William Scully, who purchased Ballycohey, a town in Tipperary County, and promptly proceeded to carry out his ideas of land- lordism. Mr. Sullivan, in Hew Ireland , tells us that Mr. Scully “ Framed a form of lease for the Ballycohey tenantry, refusal of which was to be tlie~sii» nal for their eviction. This was a most astonishing document. The tenants were always to have a half year’s rent paid in advance ; to pay t' e rent quarterly ; to surrender on twenty-one days’ notice at the end of any quarter ; to forego all claims to their own crops that might he in the soil ; and they were to pay all rates and taxes whatsoever. Whoever refused to accept these terms must quit.” These terms were not, as they obviously could not be, accepted, and the sequel is thus given in a telegraphic report of the tragic event : “Mr. William Scully, accompanied by a force of police and other armed attendants, again attempted to serve the ejectment notices on his Ballycohey tenantry. A lamentable tragedy ensued. The tenants barricaded and loop-holed one of the houses, from which they pourt d a deadly fire on the attacking party. The police returned the fire and fought their way into the house which they found evacuated. Three of the police party a re killed ; Mr. Scully is wounded in seven places — it is thought mortally. Four police- men are more or less seriously wounded. None of the tenantry were seen ; none of them seem to have suffered. No arrests. Indescribable excitement throughout the whole district.” Sucli events demand and receive public attention, while thousands of actions on tlie part of landowners which bring hopeless desolation to families pass unnoticed. A young couple, in the north of Ireland, having married, were soon after- wards visited by their landlord, who entered the house, and, as both the husband and wife were working on the farm, he had a few minutes to himself, which he devoted to an active examination of his tenant’s dwelling. Opening one of the drawers, he discovered a teapot plated with silver, and, placing it on the table, required the young IRELAND. 33 wife, when she returned, to account for its possession. With pardonable pride, she related the fact that her neighbours had given the teapot as a wedding present, and was thunderstruck when the landlord rejoined : u If you can afford a silver teapot you can pay more rent, and I will at once write out a notice to quit;” which he did, and presented on the spot. This landlord was subsequently shot at and killed on a public road. In many cases the rent of small farms in Ire- land is paid, not from the produce, but from the earnings obtained by labour elsewhere, and often by the remittances received from friends in America. The sentimental and social attachments of the Irish to the land of their birth is traded upon by unscrupulous landlords to a degree which would be almost incredible if experience had not so often shown that greed of money deprives men of all feel- ings of humanity. I have before me a letter written a few weeks since by an unhappy tenant, who for seven acres of land in the north-west of Ireland pays four pounds per acre rent, and “ seven rates.” His rent has been four times raised, and when asked why he does not leave the place, he replies, a I have a father 82 years of age and a mother 79, and if I left them no luck would follow me in any part of the world.” We read in the report, previously quoted, that in Prussia, up to 1739, the Land Laws had been engaged in more and more recognising the rights of landlords. Our Land Laws have been so engaged up to 1870, when Mr. Gladstone passed his u Irish Land Act.” Before that time multi- tudinous Land Acts were passed, of which it has been asserted that every one of them was in support of the claims of the landlord. What Prussia com- menced in 1739 we began in 1870. c 34 LAND LAWS AND THEIR RESULTS. Mr. Bright affords an illustration of the rapid manner in which opinions on the subject may be changed. During the election of 1880 he said : — 44 How would it be possible to hand over to some lawyer, county court judge, or magistrate to deter- mine the rent of all the farms between tenant and landowner? At any rate this is not a principle which we admit in our markets and exchanges.” A few months after using this language, Mr. Bright, as a member of Mr. Gladstone’s cabinet, assented to the identical system which he denounced, and he now appears to recognise the fact that there is not the slightest analogy between free markets, where all meet on equal terms, and a transaction where a monopolist deals with a necessitous tenant. It would be more reasonable to allow Railway Companies to demand what they please from each passenger, than to permit landlords to demand whatever they choose from occupiers of the land. Land in its nature must be a monopoly — a monopoly which may be less injurious under many proprietors than under a few ; but proprietorship or occupation in land involves a monopoly, and, upon every principle of political economy and common sense, a monopoly must be regulated in the interests of the public. If the law may be invoked to make the tenants proprietors, a course which Mr. Bright recommends, why not make use of legislative powers to stop evictions which are made in defiance of humanity. Mr. Bright tells us that u The growing opinion in favour of wild theories is a vast volume which, but for the power of England, would sweep away the whole property and class of landed proprietors in Ireland.” I believe that not a single Member of Parlia- ment for Ireland, has propounded any theory England’s responsibility. 35 half so radical as what has been accomplished in Prussia and Austria. In these countries land was supplied to small proprietors at two-thirds of its actual value in one case, and one-half of its value in the other. The results of this radical legislation, are clearly shown by the fact that recently the most powerful and conservative Emperor in the world attended the ceremonies instituted to celebrate the centenary of the author of this legistation. He paid a high eulogium to his memory, and con- gratulated the country upon the happy results which had followed the legislative distribution of land on liberal terms. Allow the full force of so-called u commercial principles” to exact from the occupiers all that they can be compelled to promise, aud their will be no peace for Ireland. The people, who for centuries have been separated from the land by violent confiscations and unjust legislation, must now be placed in the occupation of it, on terms which will be sufficiently liberal to stimulate and reward their industry. A deep responsibility rests upon England ; without the exercise of her power, Mr. Bright tells us that the growing power of public opinion would sweep away the landed proprietors in Ireland. On what terms, then, are we to stand between them and the righteous indignation of the people ? Are we to exact the uttermost farthing of the nominal value of rack-rented estates for the benefit of land- lords, whose rapacity has brought the people to starvation ; and this at a time when land, without our assistance, would not be worth to them a pound an acre ? Instead of employing our strength for the protection of the weak, we use it for enforcing the demands of the powerful. 36 LAND LAWS AND THEIR RESULTS. In common justice, it must be remembered that agricultural land is valueless without the labour which an industrious population can bestow upon it, and we have to consider what are fair terms upon which the labourer may be allowed to work. In dealing with this question we must take into account the fact, which our daily experience makes more plain, that good land is obtainable on the other side of the Atlantic merely for the trouble of settling upon it, and that the facilities for bringing the produce of this land to our shores have so largely increased that it will be impossible for agriculturists in the United Kingdom to con- tinue to pay the high rates for the rental or purchase of land which it has hitherto commanded. If the people of Ireland were placed upon the land with responsibilities equal to the value which has been obtained in former years, it would be im- possible for them to meet their demands, and thus industry would fail to obtain a due reward, and the present scenes of misery, starvation, and distress would be reproduced. I applied to two gentlemen in Wiltshire to give me some information as to farming there. One was a farmer occupying 800 acres of land, most of which is of excellent quality. He tells me that he expends in labour £1,200 a year, or 30s. per acre, and that the average value of his corn crops in 1879 was 67s. per acre. He has carried on his farm during the two or three bad seasons we have had at a heavy loss, and he adds, u Many farmers in this district have become bankrupt, and many more must do so. Numerous farms in the country are unlet, and tenants cannot be found for them." The other gentleman purchased six acres of poor land twelve years ago, in order to test the SPADE HUSBANDRY. 37 possibility of spade cultivation, and fruit growing. He sends me his balance sheet for 1879. Six acres of Land in Wiltshire under spade cultivation , 1879 . Cost. Tithes Taxes Manures Seed Labour Personal Superintendence Balance — Profit ... Produce. acre Peas Carrots Potatoes — Magnum Bonum Clover — made well Rye — four sacks and the straw Mangolds — ten tons @ 20s Potatoes Barley and Buckwheat Fruits — made into preserves, less cost of sugar and labour ] £ s. d. 3 0 0 3 0 0 14 0 0 6 0 0 60 0 0 15 0 0 L 01 0 0 93 5 0 L94 5 0 £ s. d. 9 0 0 10 0 0 25 0 0 3 0 0 5 0 0 10 0 0 20 0 0 6 0 0 [06 5 0 £194 5 0 If the two acres of fruit had been under similar crops to the other four acres, the result would have been £20 reduction in the labour, and £62 5s. in the produce, leaving, then, a net profit of £50 15s. A man with a family could easily have done all the work, and would have realised, with the fruit, £168 5s., and, without fruit, £108. The land is situated in the centre of Wiltshire, five miles from a railway station. The quality is a 38 LAND LAWS AND THEIK RESULTS. poor green sand. Twelve years ago it was without a fruit tree, and in such had condition that no one could be got to take it. The large result from the crops is owing to the excellent condition in which the land has been maintained for ten years ; and which, in a great degree, counteracted the effect of the bad season of 1879 so generally ruinous to the crops in the neighbourhood. No allowance has been made for rent, as the land is cultivated by a proprietor ; no such work could be done on rented land. But if rent, at £3 per acre, is deducted from the result, there will still be a handsome balance. As a matter of fact, the land, with the fruit trees, has improved in value to an amount equivalent to the twelve years' rent. The land was profitable from the commence- ment, and at no time was more than £100 of capital, beyond the cost of the purchase, expended upon it. Of course it is not contended that all the land in the kingdom can be thus employed, but we might have many thousands of such occupiers. The soil, climate, and proximity to markets makes English land especially suitable for cultivation in small quantities, and the extension of the system would add inmeasurably to the prosperity and happiness of the community. One result would be a more frequent interchange between the dwellers in town and country, to the infinite advantage of both. The inhabitants of towns cannot generally be received as visitors, either in the great houses of the land- lords or in the miserable dwellings of the labourers ; but with a healthy class of small occupiers an interchange of social life would be both possible and advantageous. LORD SALISBURY. 39 During the auturpn of last year I travelled through Belgium, Holland, the north of Germany, and the north-east of France for the purpose of seeing the condition of the land and its occupiers. Throughout the whole journey I did not meet with a single neglected field ; these extensive districts are cultivated like gardens, and the dwellings and general appearance of the people betoken abun- dance, comfort, and social independence. It is surprising how many fallacies respecting land are blown away by a visit to other countries. I will mention two by way of illustration. We are sometimes told, with exclamations of pious horror, that women work in the fields in France and Belgium. It is true they do so, but under much more favourable circumstances than they are employed in England. W orking on the land i s part of their social life, for the}^ work not in gangs but in family groups, and nothing contributes more to health and happiness. Again, we are told that in Belgium much land is occupied with hedges. This also is true ; but hedges there grow valuable wood, which forms an important part of the occupier’s income. Lord Salisbury, in a recent speech at Watford, said, u Suppose a man possesses £500, and he wishes to spend it in buying land, would he, in reason, prefer to spend his £500 in getting 10 acres in England, or in getting from 200 to 300 acres in any of our colonies, or in the United States of America, the soil being equally good, for the same sum?” I confess that I cannot, without some alarm, contemplate the expatriation from our shores of a useful class of persons who are raising themselves in the social scale by the exercise of industry and thrift, the principles of which are so often expounded to them. Many men prefer remaining in this country, 40 LAND LAWS AND THEIR RESULTS. and it is both unjust and unwise to drive them from it by laws which prevent the division of land. For my own part, much as I believe in the United States, I would far rather work 10 acres of land, after the manner I have mentioned, in Wiltshire, than 200 acres in the Western States. It is, moreover, a serious matter to drive out of the country the class of small farmers who have added so much to the general development of other countries. In doing this we cause a hiatus in society, which accounts, in a great degree, for the separation of classes which prevails in this country. Emigration is an excellent thing when it arises from hopeful enterprise, but it is a bad thing when men are driven from us because we deprive them of their natural position on the land, and they leave our shore gloomy and discontented. Men of small means are especially wanted in connection with our land to fill up the gap now existing between labourers and large farmers, and to supply those productions which are the result of personal atten- tion, and for which we are so unnecessarily dependent upon our neighbours on the Continent. The unequal manner in which land is now taxed as compared with house property may be illustrated by the following instance : A house in the suburbs of London stands upon two-thirds of an acre of land. The ground rent is £30 upon a lease of 84 years. Ten years ago the house cost in building £2,500, which is about its present value. The ground rent and re- version are worth at least £1,000. Opposite to the house is a field of 2| acres of land, which would sell readily for £1,000 per acre, but the owner holds it for a higher price. If put up to auction to-morrow as freehold, the field would sell promptly for £2,500, the house might or might not find a purchaser at £2,500. COMPARATIVE TAXATION. 41 Let it be remembered that the value of the house has been obtained by the actual expenditure upon it of labour for which £2,500 has been paid. To the field nothing has ever been done by the landlord ; it derives its value solely from the aggregation of population in the locality. In a few years the house will deteriorate in value, while the field will become more necessary to the population which surrounds it, and will command a still higher price. What is the taxation on these properties? Here is a copy of the tax paper for the house. TAXES. Income Tax, House Duty, and Land Tax, for the year 1879, ending 5th April, 1880. Description of Property — House. Amount of Assessment, £170. Income Tax, Schedule A, 5 d. in the £ 3 10 10 Inhabited House Duty, 9d. in the £ 6 7 6 £9 18 4 Of this sum the only part that can be deducted from the owner of the ground rent is 12s. 6d., i.e ., 5d. in the £ property tax on £30, which is all the taxation of any kind that he pays. The adjoining field is worth £2,500, although no labour has been expended upon it. It is assessed at £18 per annum, and pays property tax at 5d. on £18, or 7s. Gd., as compared with £9 18s. 4d. for house property of equal value, which has been created by industry. BATES. These have to be paid by the owner or occupier of the house, and of the field. The house is assessed at £170 per annum, and the field, equal 42 LAND LAWS AND THEIR RESULTS. in value, at £18. The house pays for these rates £30, the field £3 4s., and 7s. 6d. for Income Tax. The Total Taxation on the three properties is therefore as follows : — £ s. d. Value of f Ground Rent — pays Ill 3 each 1 Field „ 3 12 6 £2,500. ( House „ 30 5 10 Thus the ground rent pays Is. 3d. ; th e field 2s. lid.; the house 31s. 6d. ; for each £100 of value. In the statistics of taxation we see all these sums added together, and given as the tax- ation on real property, and most persons jump to the conclusion that this means taxation on land, whereas they are mainly taxes on industry, as industrial property pays 31s. 6d. per cent., and land Is. 3d. per cent. It should be observed that taxation on houses falls invariably on the tenant or occupier. Houses are created by the direct application of industry, they can be erected indefinitely, and they will be erected wherever tenants are found willing to pay the cost of erection and a fair profit to the builder, plus whatever taxation may be placed upon them. Land is in the opposite position ; it is fixed in quantity, and its value is not created or limited by the cost of production, for it cannot be produced. Its value arises from the necessity for its use, and as that necessity becomes more urgent and concentrated its value increases. In the centre of London land is let at the rate of £20,000 per acre per annum, and the recipients of these enormous rents, which have rapidly increased, without any effort on their part, to the present amount, are ex- empted from all taxation except the property tax. Our system of taxation thus exempts the 4 TAXATION SHOULD BE REVERSED. 43 property which increases in value through the industry of others, and places it upon that which is the direct result of labour. This unfair exemption of land involves a heavy burden on in- dustry, and therefore checks enterprise. Of the house rent that we pay, about one-fourth represents taxation and another fourth ground rent. Of every shilling that a working man pays for house rent the ground landlord gets 3d. and the Government gets 3d., but for this payment the ground landlord does nothing whatever. He merely stands upon the land which nature has provided and says, “ You shall not use the land unless you pay me so much.” In valuing land for the purpose of taxation, that portion of the value which is the direct result of industry should be exempted ; thus, improved cultivation, drainage, planting, or building, would be taken into account, and in cases where land has been reclaimed from the sea, or otherwise, the cost of such reclamation would not be taxed. The principle should be maintained of taxing the value which arises without effort or outlay on the part of the owner, instead of the opposite principle which now prevails of placing taxation upon industry. Even if we are ourselves disposed to bear very serious evils rather than disturb the existing state of things, yet posterity has some claims upon us. We have no riodit to establish or maintain laws O transmitting to future generations arrangements which are essentially unjust. What are we doing in this respect? If we look ahead only half a century, what will happen? At that time there may be born a baby who is predestinated by our laws to inherit, say, a hundred thousand acres of land. In the mean time, and before the predestined baby comes into the world, fifty 44 LAND LAWS AND THEIR RESULTS. thousand other babies will be born on the same land. Upon this land of their birth they can remain only by permission of the predestined baby, and to him they must pay whatever he chooses to demand for the right to live and work*where they were born. Well may the hard-headed Germans refuse to believe that we permit such a state of things. Here is an evil which not only exists but grows, and which from its very nature must extend. If we do not alter our laws land will become more and more con- centrated in the hands of a small number of pre- destined babies, who may grow up to be both weak and wicked, and yet retain dominion over those who were born before them. There need be no hesitation as to the position which young or unborn children are to occupy ; there is as little kindness as justice in subjecting anyone to the temptations afforded by an enormous income, and an almost absolute dominion over his fellow creatures, assured to him quite irrespective of any efforts or merits of his own. It is a disputed point with lawyers as to whether such a thing as the absolute and uncon- trolled possession of land has ever been granted by our laws, but the legal question is not of great importance, for a higher law, the law of necessity, steps in and demands such things as are essential to the national existence. It cannot be supposed by any reflecting mind that thirty -five millions of people are to be subject absolutely to a small and constantly diminishing number of landowners, who do not, at the present moment, exceed thirty thousand . 0 Are thirty thousand, or probably half that number in the * In this estimate only large landowners are taken into the account as small owners will not be affected by the proposed alteration in taxation. Where a man has a house with a small quantity of land his taxation would be the same as at present, but he would pay on the land instead of on the house. RIGHT versus PRIVILEGE. 45 next generation, to have the uncontrolled power to determine fo*r ever how much other people are to pay to them for the right of living and working upon the land on which they were born ? In the nature of things which no laws can alter, it is essential that the powers of landowners or occupiers should be limited, and be exercised only in a manner consistent with the interests of the public. This is a fundamental principle, the violation of which by one generation does not bind succeeding generations. The right of thirty-five millions of people to live is greater than the claim of thirty thousand persons to dictate to them the conditions of life. As the thirty-five millions increase in number, and the thirty thousand diminish, the necessity for a solution of the problem becomes more urgent, and will soon be imperative. VIRTUE REWARDED: Or, TRUE STORIES OF LIFE IN WILTSHIRE. u I do believe this baby will never stop crying,” exclaimed Janet Mildmay ; and as she said this she smiled a pleasant smile, and even laughed a little laugh. It was to her a new experience. She had never fondled a baby whose crying she could not stop ; but before long she succeeded with this one. She discovered the precise angle at which it liked to be held, the exact amount of pressure at which it should be squeezed, and the degree of motion at which it was soothed by shaking. Fifty years ago Janet was a comely, fair-complexioned young woman, and a great success as a nursemaid. She had the care of a small infant, of whom the doctor said that his destiny was to add to the number of short green graves in the parish churchyard, but the nurse declared that her charge should not slip through her fingers, and she kept her word. Janet had many suitors, but her prudence might have won the praise of the Rev. Thomas Robert Malthus. She waited until she was twenty-seven years of age and then accepted a young man who was not only handsome and industrious, but was the owner of a small freehold, consisting of a cottage and half-an-acre of land. From the wedding-day John and Janet devoted themselves to the cultivation of their small garden and eight acres of land, which a neigh- bourly landlord was so good as to allow them to cultivate upon paying three times as much rent per acre as was paid for similar land by the large farmers in the locality. It was, and is, a fixed idea with Wiltshire landlords that labourers should be kept in their places, and if they wish to become small farmers their ambition must be repressed by a heavy rent. So John and Janet had to pay £32 per annum for eight acres of poor sandy land, which, at the present moment, is let as part of a large farm at 20s. per acre, on condition that it is not sub-let to working farmers in small quantities. However, they strove, and for a time they throve. Twice a week John took his horse and cart to Bath or Salisbury, with the produce of his little farm, leaving home at eleven o’clock one night, and returning at eleven o’clock the next. These hours were arranged in order to pass the turnpikes on the same date, and thus avoid paying twice. The day after his twenty-four hours journey, John was in the fields, for although his horse wanted rest, he could not afford to take it. He and Janet and the children that came to them worked early and late. For a quarter of a century they toiled on, remaining poor, but not unthankful. Every Sunday the parson preached contentment, and every year the landlord collected the rent. LIFE IN WILTSHIRE. 47 But a man who drives his cart two nights a week, while working the whole of six days and part of the seventh, cannot keep on for ever. John was doing 50 per cent, more work than any man ought to be called on to E erform, and yet it was impossible for him to earn a penny more than the arest subsistence for his family and the £32 a year for his landlord. His horse had a habit of getting old, and when it became necessary to obtain a younger one John had to borrow £20. This sum was advanced by a local capitalist, under the auspices of a local lawyer, and on the security of the cottage and the land. Although John received only £20, the mortgage deed was drawn* for £30, the balance being required for the examination of title deeds and the preparation of documents. Ten years after the mortgage was called in, the money was re-borrowed, £10 added to the charges, and the cottage was mortgaged for £40. This process was repeated a few years later, and the mortgage was swollen to £50, although £20 was the total sum that the borrower had received. With no other idea in their minds than that of duty, John and Janet laboured on with scarcely a day’s holiday or a day’s illness. Endowed by nature with good tempers and sound constitutions, their life was not unhappy, so long as the fulness of strength enabled them to pay their way. They thought but little of the future, for the present demanded every effort. But the future came, and for it they were unprepared. No people better deserved repose in their old age, but rest was not for them. Even parish pay would not be given to this old couple, for they possessed a cottage, and therefore could not be assisted. The parish is not like Providence, helping those who help themselves, and as these good people could not bear the idea of giving up the home of their youth and had not spent the value of it at the public-house, they could get no assistance from the fund “ for the relief of the poor,” a fund to which they had so largely contributed. Day by day the old man continued to labour until seventy summers had passed over him, and constant work, without the thought of recreation, undermined his frame. During that time what had he done? His active and intelligent labour had been successfully devoted to the most ancient and most important of human industries. I say successfully, for nature had not been unkind to him. The land yielded her increase. The results of his efforts were abundant to maintain him and his family in comfort throughout the active period of life and provide for the repose which old age requires. But the proceeds of his labours were taken from him ; he enjoyed them not, and at seventy he died of weariness, starvation, and a broken heart. Who is responsible for a fate so different to that which he deserved ? The man continued and remained to the end life’s faithful soldier, contending against all difficulties, honestly striving, and always for beneficent aims. Never a day but he went about doing good. His patient continuance in well-doing was a model for mankind. On the efforts of such men the world depends for comfort, happiness, security, and advancement. There is not a class of society which could not be better spared than those constant and devoted workers on the soil. Can it be consistent with justice, or does it accord with our ideas of right, that such men should live throughout their lives without rest or comfort ? The man did all that society could fairly expect from him and much more. Nature did all that we have a right to expect from her. The result was abundance, and yet the man starved. By what robbery or 48 LAND LAWS AND THEIR RESULTS. wrong 1 was the food that he produced snatched from his lips, his life rendered miserable, and his death a disgrace P If the case stood thus alone we ought not to rest until we discovered by what crime or blunder such an event had happened. How is it that with a productive soil, a genial climate, and the most untiring industry the honest labourer starved ? The cause is not far to seek. The policy adopted in Wiltshire of charging working men twice or three times as much for land as a farmer has to pay took out of John’s pocket £800 in hard cash during the forty years of his active life. The avowed obiect of this policy is to secure labour at a small cost for large farmers. From this cause, if a working man shows any aptitude, intelligence, or capacity for working on his own behalf, he is to be discouraged, and if he wants land he must seek it else- where, or pay for it, in Wiltshire, three times as much as is paid by the large farmer. It is obvious that this policy is selfish, hateful, and unjust, and it cannot boast the small redeeming virtue of success. There is perhaps no countv in England where landlords are more embarrassed, or where large farmers are more distressed. And Wiltshire is a county for which Nature has done much. The soil is rich, varied, and adapted to all kinds of cultivation. Ten acres of land in Wiltshire will support a working farmer and his family in the greatest comfort, and enable him to provide for old age. Thousands of acres are now out of cultivation, producing nothing but weeds, each thousand of which would maintain a hundred families in prosperous industry. The cause of the distress and the remedy are equally obvious. In the case to which we have referred, every letter of which "records facts as they occurred, the sum which the man had taken from him in rent amounted to £1,280. For this sum the landlord, who demanded and received it, did nothing whatever, and it might have been that he did not even pay his personal debts, for, as many persons in Wiltshire know bv bitter experience, a landlord can demand his rent, leave his debts unpaid, and yet pass on the land to his own son, just as if he were an honest man. The sum thus extracted from John’s hard earnings would have enabled him to live a life of comfort, and to enjoy an old age of well- earned leisure. There are still in Wiltshire men able and willing to work the land if they are allowed to enjoy the fruits of their labour. The men are there, the soil is there. The market for the productions which may be obtained is at hand, and by reversing a selfish and unjust policy, which has brought ruin and starvation in its train, plenty and prosperity may abound throughout the land. But we have proceeded with the moral before concluding the tale. What became of Janet ? Let it be said to the credit of humanity that to the last she never lost her cheerful smile, and with all their troubles her pleasant laughter was sometimes heard until her husband’s death. She scrupulously paid every farthing that her husband owed and was then left penniless. The cottage was not worth more than the amount of the mortgage, but, because she owned it, relief from the parish was denied. She was much troubled in her mind from not knowing how to answer the letters she received from the Inland Revenue Officers on the subject of legacy duty. Her relations were as poor as herself, but they tended her with kindly care. For many months she suffered much pain from an LIFE IN WILTSHIRE. 49 internal complaint, which was never properly investigated or understood, and at last, with a countenance as sweet as heavenly light, she prayed that she might no longer be a pain to herself or, as she said, a burden to her friends, and she was taken away. “ Let us go to the landlord and tell him that we are out of work* and ask him to let us have some of the unletland,” said the spokesman to a party of working men in a small Wiltshire village. It was evening, and the idea seemed as bright as the setting sun. Why should men be out of work, their families without food, when all would be remedied by placing willing hands upon the soil ? The big farmer had failed to cultivate the land at a profit and had thrown up the farm, the fields were 1 ying waste, seed-time had come, and the time of harvesting had passed, but the seed was not sown, the harvest was not reaped, and famine pre- vailed where plenty might have been. “ If the lordlord would let the land to us at the same rent as he charges the farmer we could live upon it and do well,” the spokesman said. “ But perhaps,” added one of the party, “ the landlord will ask how we are going to live until the crops are ready, and what shall we say to him? ” 11 Why, man,” said another, “if we have the land at a farmer’s rent, we can get the little money that is wanted to help us until next harvest. My brother has often said that he would lend me twenty pounds if I had a good chance to use it. Half of twenty pounds would keep me and mine for six months, and the other half would buy the seed, and when the land is cropped we can borrow another five or ten pounds to get along with.” The last speaker had no experience in borrowing, and perhaps he did not know how much sorrowing went with it. But anything was better than the existing state of things, so miserable and unprofitable all round. The group of labourers were hard-headed fellows, and on talking it quietly over the} 7 saw that the small amount, of money required in addition to their own labour might be got if only they could induce the landlord to let land to them on terms which would leaye a reasonable chance of success. They resolved, therefore, to go in a body the next morning and put the case before the great landowner, who owned most of the land in the district. But things often look very different in the morning when action is necessary to what they do in the evening when talking only is required, and so it was in this case. Of the seven wise men who discoursed so discreetly and resolved so valiantly in the evening, all save one took in the morning a different view of the matter. Their hearts were chilled at the idea of seeing the great man, even if it should be possible to reach his presence. But the one man, more determined and persevering than the rest, resolved to do as he had said. He set out, and as he paced the six miles to the great house he determined to tell the landlord exactly what had passed, and respectfully to urge the case not only on his own account but on behalf of his less courageous comrades. He was so fortunate as to gain admittance to the landlord’s presence, and told his tale as best as he could. He found himself, however, unable to elaborate the details as he had intended. Speaking to the stern, unsympathetic landlord was a very different thing to talking it over with D LAND LAWS AND THEIR RESULTS. 50 liis fellow sufferers. He felt that his representations were not equal to the occasion, and be almost anticipated the landlord’s reply, which was brief, emphatic, explanatory, and decisive. “ What,” said he, “ do you think that I am going- to let labourers have land and leave the farmers without labourers P The farmers can scarcely pay rent now, and they will not be able to pay rent at all if wages are raised by labourers getting land?” Now, this working-man had never read a book on political economy, and did not know that it is necessary for one-half of the world to starve in order that the other half may live, and so he went back to his native village thinking hard and unchristian thoughts both of the landlord and farmers, in whose interest the landlord had explained to him that he acted. When poor men become educated and enlightened they may feel some sympathy with landlords and farmers, and recognise the necessity of starving on their behalf, but in his state of ignorance the labourer could not quite see how the landlord is benefited, or the farmer either, by letting land go out of cultivation. He knew that the land would give work to himself and bread to his children. He longed to be upon it, and when it was shown to him next Sunday at church that he ought not to envy the rich, because, like Namaan the Assyrian, the rich man is liable to trouble as well as the poor, he refused to be comforted, and even denied the applicability of the argument. On his return he got but little sympathy from his companions, who said that he had been silly in supposing that the landlord would listen to his tale, although on the previous evening they had promised to go with him. More than two years have passed since this circumstance occurred, the land is still unlet, and grows nothing but weeds. The landlord has not had a sixpence of rent, and some of the cottages which, sheltered the families of the seven labourers are closed, the wdndows boarded up, and the men have gone to a land where labour meets with more encourage- ment. The wheat, beef, and cheese which these men are producing on the other side of the Atlantic are on sale in the Market-place of Devizes. THE EVICTION OF WIDOWS AT GOOLE. The following correspondence appeared in the “ HULL EXPRESS.” Sir, — As cases of alleged hardship in connection with the eviction of widows from the estate of Mr. Sotheron-Estcourt, M.P., have excited much attention, I determined to ascertain the facts from personal observation. To realise fully what an eviction means it must be noted that a good deal of land in the locality has been positively made by the tenants. On many of the fields nature has provided only a bed of peat, which is wholly useless for agricultural purposes until it has been i( warped,” i.e., until the river water (which is charged with soil) has been allowed to flow on and off the land, with suitable arrangements for its distribution for a period of four or five years. The construction of dykes and sluices, with the necessary attention, involves a cost of about £20 per acre. After this has been done an excellent soil is formed, and a valuable property created. To the cost of this the landlord does not contribute a farthing, and, in many instances, the houses and farm buildings have been erected by tenants either wholly or largely at their own cost. This expenditure has been incurred under a yearly tenancy, upon the supposition that the holding was regarded as perpetual, and in many cases the farms have continued in the occupation of the same families for several generations. Without the expectation of continuance no one would spend a whole fortune, as many have done, in making the land and building upon it. It appears that upon the estates of Mr. Sotheron-Estcourt a rule has been established that widows shall not be allowed to continue the occu- pation of farms. Until Mr. Alexander Meek became the agent of the estate near Goole this rule was exercised with discretion and some consideration was extended to widows in certain cases ; but since the advent of Mr. Meek, the elder, about forty years ago, the rule has been made inflexible, and the manner in which it has been exercised will appear from the following facts. The first evicted widow that I saw "was Mrs. Lee, who recently occupied with her late husband a small public-house and seven acres of land upon the Estcourt estate. The house being greatly in need of repair, the landlord agreed to allow £70, and the tenants spent £170 upon repairs and additions. While these were in progress, Mr. Meek visited the house, and on Mrs. Lee calling his attention to the substantial and extended character of the work they were doing, he observed that her life appeared to be a good one, which led to the inference on the par 52 LAND LAWS AND THEIR RESULTS. of the tenants that their occupation was regarded as a permanency. In June of the following year Mr. Lee died, and in September, to her horror and astonishment, Mrs. Lee received notice to quit. What adds to the hardship of the situation is the fact that during her husband’s life Mrs. Lee was virtually the conductor of the public-house, while her husband worked on the land, and as she is obviously capable and well qualified for the work, there was no practical reason for depriving her of the tenancy. Under the circumstances, she naturally appealed to Mr. Estcourt personally to allow her to continue the house. His reply, which she showed to me, was a confirmation of the notice to quit, and she quitted the place, leaving behind her all the improvements upon which so large a portion of their small fortune had been expended. As they were moving, a photographic likeness of Mr. Estcourt turned up, which was seized by Mrs. Lee’s little girl, and when asked by her mother what she was doing with it, she replied “ I am cutting his eyes out because he is sending us away.” The case of Mrs. Garlick is still more distressing. This lady married about eight years ago Mr. William Garlick, one of the tenants on the Estcourt estate, whose family have long been in possession. A good deal of the land which they occupied had been “ warped ” or created by irrigation in the manner previously described. Mrs. Garlick brought her husband a fortune of £5,000 or £6,000, and, as was natural under the circumstances, a considerable portion of their money was expended in enlarging the house and improving the farm. Bad seasons and the prolonged illness of Mr. Garlick greatly reduced the remainder. Last year Mr. Garlick died, and soon after his decease Mrs. Garlick received notice to quit the farm upon which her fortune had been expended. With the energy of despair a powerful appeal was made - to the landlord on her behalf. It was pointed out that her trustees, themselves practical farmers, were willing to undertake the management of the farm until her son would be old enough to do so. It was shown that if driven out of the farm where her money had been invested Mrs. Garlick, with her young family would be left penniless. The appeal was unavailing ; the decree of expatriation was enforced, and Mrs. Garlick knew that she must leave. It was then asked that, under the circum- stances, some allowance might be given for the expenditure that had been made on the buildings. “ No.” The wealthy landlord must have every farthing of the expenditure made by the now penniless widow. “ Won’t you pay for the fittings of the bathroom, which we can remove if you do not take them P ” “Not a penny — farmers don’t need bathrooms.” For the hay, straw, and manure necessarily left upon the farm payment was also refused, and that last claim became the subject of legal discussion. Whatever may be the legal aspects of the case, it is surprising that a landlord should decline to pay a, poor widow for actual moveable property coming into his possession, but such was the fact, and a day was duly appointed for the hearing of the case before an arbitrator. In the meantime Mrs. Garlick’s farm had been let to a young man who intended taking possession forthwith, and it was arranged that he and his sister should occupy the house vacated by Mrs. Garlick. But no sooner had he signed the agreement for the lease than he was seized with remorse for taking the farm from which the poor widow under such distressing circumstances had been evicted. On the day of the trial, his evidence being wanted, his sister was asked to seek for him. She found THE EVICTION OF WIDOWS AT GOOLE. 53 him in an outhouse on the farm which he had taken, suspended by the neck from a beam and — dead ! It appears that he had got upon a chaff- cutter, tied a rope round his neck which he fastened to a beam, swung himself off, and so was hanged. After the shocking circumstance the Court decided not to meet again, but to leave the case to the arbitrator with written arguments to be furnished from both sides. Mr. Meek has just published in the Goole Times a column and a half of small type addressed to the arbitrator, containing his arguments on behalf of the landlord’s claim to the hay, straw, and manure. However important the legal argument may be in respect of the general relations of landlord and tenant, they do not bear on the main features of Mrs. Garlick’s case. Mr. Estcourt turns out a tenant admittedly and solely on the ground that she is a widow. He thus acquires the benefit of all the expenditure made with her money upon the property. Continuance in the farm with the assistance of her trustees would have provided a living for herself and three young children. Of this she is deprived. Her appeal for compensation is dis- regarded, and even where there is some ground for a legal claim to a small portion of what was her own property it is resisted. Whether such things as these are done in accordance with law or in opposition thereto, it makes but the smallest difference to the parties immediately concerned. It is no answer to this practical fraud that the landlord robbed the widow and the fatherless in accordance with laws which he and his ancestors made. It merely adds to their condemnation that men in the position of Mr. Sotheron-Estcourt, entrusted with legislative power on behalf of the community, committed such a breach of trust as to make laws for their own especial benefit, and in defiance of the commonest principles of right and justice. Mr. Meek’s letter in defence of his landlord is instructive in one point, and on that point it is positively appalling. He not only asks that these miserable heaps and bundles of manure, and hay, and straw may be taken from the widow and given to the landlord, but lie actually appeals to the arbitrator to give costs against his penniless victim ! He writes — “ I further submit that such award should carry with it not only the costs attending it, but also the costs of the agreement and the reference ; ” and he adds, “ The claim, if established, might very prejudically affect Mr. Sotheron- Estcourt’s interest throughout the whole of his estates at Goole Fields, Hook, and Holme, by transferring from him to his tenants a property of considerable value in hay, straw, and manure.” So the reason why costs are to be claimed from the widow and the fatherless is to secure to Mr. Sotheron-Estcourt from other tenants a property in hay which he has never grown, in straw for which he did not sow nor reap, and in manure which he did not secure. That such a plea, under such circumstances, can be advanced and published by an astute land agent, shows that, by living for centuries on the industry of others, landlords have become utterly hardened against the claims of justice. My experience at Goole proved that it is not only widows who are the victims of landlord oppression. Cases came under my notice where men had been subjected to injustice as great as that which has befallen Mrs. Garlick and Mrs. Lee. Of these I will not speak, for they have not come before the public, and I have no permission to bring them to the light of public discussion. 54 LAND LAWS AND THEIK RESULTS. As the particulars of Mrs. Garlick’s case are now known. I trust that she will not be allowed to suffer without an effort being made to render that assistance which she so urgently requires. When Mr. Sotheron- Estcourt sees this case through the greater light of public opinion, perhaps he will not withhold what he can so easily supply. Mrs. Garlick has spent a sum of £5,000 on his estate, which she would surely have recovered had her tenancy been continued. He could restore this amount without missing it from his vast resources. Time is still allowed him for repentance, and for correcting the wrong which, possibly without due thought, he has occasioned. Let him hasten to make amends, and there will be joy in Heaven and on earth. I do not think he will remain obdurate to this appeal, but if, unhappily, such should he the case, then let some of the rest of us try what can he done to supply the pressing needs of one who is sadly suffering from a double bereavement. I had no intention of referring to political considerations in connection with this case, hut it is essentially a political matter. Land- lords know well that their priviliges rest solely upon political supremacy, and they take care that land shall be occupied only by voters. For this reason widows are evicted, and from a landlords point of view they are wisely evicted. But how long will the nation submit to a condition of things which is so intolerably unjust? As it has been brought about by leaving political power in the hands of a class, so it must be corrected by extending that -power to the people. — Yours, WILLIAM SAUNDERS. ' Mount View, Streatham, S.W., July 22, 1884. MRS. GARLICK v. MR. SOTHERON-ESTCOURT. Sir, — My agent, Mr. Grant-Meek, has, as I know, written to you in reply to the letter of Mr. William Saunders, published in your issue of July 2oth, with reference to me and the management of my property in Yorkshire. I need only therefore deal personally with the last paragraph of that letter, and at the same time with an editorial comment of your own in your paper of July 18th, attributing to my predecessor and myself incorrect motives for the non-continuance of widows as tenants in farms. The late Mr. Sotlieron-Estcourt was about the last man on earth to be actuated by the motive of retaining only tenants who could exercise the power of voting ; neither has any such motive actuated me. I do not even know the political views of most of my tenants in Yorkshire, and, not residing permanently among them, I have never asked for their votes for or against any candidate at any election. T am, Sir, Yours faithfully, GEORGE SOTHERON-ESTCOURT. Estcourt, Tetbury, August 5tli, 1884. THE EVICTION OF WIDOWS AT GOOLE. 55 “Sir, — I have no desire to engage in any controversy as to the pro- priety of the comments made by your correspondent, Mr. William Saunders, in your issue of J uly 25th, 1884, upon my management of the Estcourt estates, nor to deal with the various topics introduced into his letter. I ask your leave, however, to state as shortly as possible the facts connected with the two cases specifically mentioned by him in order to correct the serious misrepresentations contained in his letter. Mr. Lee was the tenant of the “ Sotheron Arms,” at Hook, and also of some eight acres of land, at a rental of £28 10s. per annum — of which about one-fourth may be taken as representing the rent of the house. In the year 1874 the expenditure referred to by your correspondent was incurred by the landlord, the exact amount being £65 Is. 3d. I have no means of judging of the tenant’s expenditure as I was not at that time the agent of the estate. My father, then the agent of the estate, has, however, no recollection of having used any language or done anything which could lead the tenant to the conclusion that in consideration of his expenditure the tenancy might be a permanent one. The smallness of the holding, having regard more especially to the house, renders it difficult to see how £170 could have been fairly, and, from a landlord’s point of view, advan- tageously expended upon “repairs and additions,” in addition to the landlord’s expenditure before referred to. Mr. Lee continued the tenant till his death in, I believe, the year 1880, and it is true that a notice to quit was given to Mrs. Lee which expired at Lady Day, 1881. As to this, it was considered that the close proximity of the Inn to Goole, where a large sea-faring population is resident, placed difficulties in the way of a woman’s maintaining order when unassisted by a husband, and afforded an additional reason for the course which was adopted. Upon a representation, however, from Mrs. Lee that the postponement of the expiration of the notice to quit for one year would be specially advantageous, Mrs. Lee was continued in the occupation for an additional year, so that it was not until Lady Day, 1882, that she gave up possession of the premises. On her quitting possession these premises were let by the landlord to Mark Lee, the eldest son of the late tenant, George Lee. and the said Mark Lee now holds as tenant the Inn and also the land, with the exception of about 2^ acres of pasture which has been withdrawn from the holding for the purpose of being annexed to a farm, at a rent practically the same, after making a deduction in respect of the land withdrawn, as that paid by the late Mr. Lee. The landlord has derived no tangible advantage by way of increased rent from Mr. Lee’s expenditure whether large or small. With reference to Mrs. Garlick’s case, your correspondent begins his letter with a statement which, so far as Mr Sotheron-Estcourt’s property is concerned, is absolutely the reverse of true, and on this statement he hangs a violent attack on Mr. Sotheron-Estcourt and the management of his property. This statement is that the expense of “ warping” the lands falls wholly upon the tenant, and that to this outlay the landlord does not contribute a farthing, and he implies, and indeed even states, that this was so in the case of the late Mr. William Garlick. For this statement there is no foundation whatever. This expenditure is on the contrary borne on Mr. Sotheron-Estcourt’s property entirely by the landlord, and the tenant does not even contribute to it. The late Mr. Wm. Garlick did not “ warp” the land occupied by him, and did not bear the expense of “ warping.” This “ warping ” took place many years before his tenancy 56 LAND LAWS AND THEIR RESULTS. commenced, and the cost thereof was borne by the landlord , and I may add that, not only was the expense of the warping- borne by the landlord, but an allowance of the rent of the land warped was made to the tenant fora period of 2| years, the time during which the land was under process of warping, and therefore out of cultivation. The land held by Mr. William Garlick was originally part of a holding of Mr. Robert Garlick, and it was at the request of the latter that in the year 1849 the landlord consented to a severance for the purpose of this portion being taken by Mr. Edward Garlick, the brother of Mr. Robert Garlick. On the decease of Mr. Edward Garlick, in 1857, Mr. Robert Garlick re-entered upon the occupation, and it was reunited to his other holding. In 1865, at Mr. Robert Garlick’s request, the landlord assented again to the severance, and to Mr. William Garlick becoming the tenant. His “farm” consisted of 160 acres of land, of which about 25 acres are moorland, ahd wholly cultivated. Your readers will be able to judge of the requirements of a farm of this size, and whether it was “ natural that a considerable portion of their money” (i.e., Mrs. Garlick’s fortune of five or six thousand pounds) should be “ expended in enlarging the house and improving the farm.” It must be remembered that no portion of this alleged expenditure was upon “ warping,” nor upon the building of the farmhouse, and that the culti- vated land was not brought under cultivation by Mr. William Garlick. It is not alleged, and it is not the case, that the landlord’s consent was obtained, or even asked, tQ Mr. William Garlick’s expenditure — or that any expectation was held out to him in consideration of its being incurred. The farm having originally been occupied in conjunction with another small farm lying in very close proximity to it, the house which was upon this other farm answered all the purposes of the farmer, and, in truth, a second house was not required, though, as a matter of fact, there was one. In 1854 Mr. Edward Garlick, the then existing house not suiting his requirements, entered into an arrangement with his landlord , by which the latter agreed to contribute, and did contribute, £150 towards a new house, at the same time giving him the materials of the old house for building purposes. Receipts now in my possession show that the pay- ment was made, and that it was made in pursuance of such an arrangement. The enlargements made by Mr. William Garlick, comprising a conser- vatory and bath-room, were, as I contend, beyond the outside of the requirements of a holding of 185 acres of cultivated land, and the landlord could not be expected to pay for them, as they in no way add to the letting value of the farm. Though in 1857 a re-valuation of farms in Goole fields showed that a considerable increase in rent would have been justified, yet after Mr. Robert Garlick’s re-entering upon this holding in the year 1859, the rent was increased by £10 only, being little more than a third of the increased value shown by the valuation, and representing but little more than interest at 5 per cent on the landlord’s expenditure. At this same rent the late Mr. William Garlick held the farm, from the date of his entry in 1865, down to the time of his death, and at this same rent the farm was re-let to his successor. With reference to the lamentable death of the incoming tenant, it is true that he met it in the manner stated, but the insinuations based thereon by Mr. Saunders, I have the best of reasons for stating to be wholly unjustifiable, and there is no foundation for the suggestion that the act was in any way occasioned by remorse at having deprived Mrs. Garlick of the farm. THE EVICTION OF WIDOWS AT GOOLE. 57 The award of the arbitrator, just published, shows that I was justified on the part of the landlord, in resisting the claim of the out-going tenant to be paid at market price for the hay, straw, and manure, and I contend, according to the custom on the property, that as incoming tenants receive, without being called upon to make compensation, the straw and manure from the outgoing tenants, there is no hardship involved in the require- ment that when the incoming tenants in turn become outgoing tenants they shall leave the straw and manure for their successors on the same terms; in short, in expecting that as a tenant enters so shall he quit. Nor can there be any injustice in the requirement that outgoing tenants shall leave their hay upon their farms, upon the same terms as those on which they received it from their predecessors, viz., on the terms, in this instance, of being paid for it by the incoming tenant at consuming price. The above facts dispose of all the substantial allegations brought forward by Mr. Saunders. I am, sir, your obedient servant, A. GRANT-MEEK, Agent for Mr. Sotheron-Estcourt. Devizes, August 5th, 1884. Sir, — Mr. Sotlierton-Estcourt, M.P., and his agent, Mr. Alex. Grant Meek, having addressed letters to you on the subject of the evictions at Goole, I ask your permission to reply. Mr. Estcourt writes that his father “ was about the last man on earth to be actuated by the motive of retaining only tenants who could exercise the power of voting ; neither has such motive actuated me.” I am not about to dispute the fact that the Estcourt family are model landlords. It gives an additional significance to the cruel circumstances which have aroused public attention, that the rules on the Estcourt estates and the methods of their administration are adopted by landlords who are regarded as the best of their class. Their action in evicting widows would make the hair of a Bulgarian tenant stand on end, and yet the actors are held up as models for our imitation. At the close of his letter Mr. Grant Meek claims to have disposed of “ all the substantial allegations brought forward by Mr. Saunders.” On the contrary, he has not even referred to the main allegation, that widows are systematically evicted from the estate, and that since the advent of his father as agent, about 40 years ago, this rule has been exercised without discretion or consideration for the interests of the evicted persons. Mr. Meek’s own letter abundantly proves that such has been the case. He evicts Mrs. Lee, and confiscates the hundred pounds she had spent upon her small holding, without even taking the trouble to ascertain what that expenditure was. He claims to have extended a favour to her by allowing her to remain a year after the first notice had expired. I am assured by a legal gentleman who knows the facts that che first notice was illegal, and Mrs. Lee was sent away at the earliest possible moment. The fact that he let her holding to her stepson is no kind of justification for confiscating her property. Mr. Meek declares 58 LAND LAWS AND THEIR RESULTS. that the landlord derived no tangible advantage from Mrs. Lee’s expenditure.” Are we really to suppose that landlords can confiscate the tenant’s outlay time after time and derive no benefit therefrom ? If so their wantonness in causing so much misery is still more surprising. With reference to the case of Mrs. Garlick, Mr. Meek scores a point by stating that the cost of warping was borne by the landlord. So far good ; but this does not dispose of the central fact that the tenants in the locality regard their holdings as permanent, and therefore spend freely upon them. Mr. William Garlick’s predecessor spent £800, and he him- self spent £450 on the house from which his widow has been evicted without compensation. This eviction was made solely on the ground that she was a widow, and because it is “a rule of the estate” that widows shall not remain as tenants. The manner in which this harsh and unjust rule has been carried out is shown by the cases of Mrs. Lee and Mrs. Garlick ; in each instance the whole of their property was confiscated, or attempted to be confiscated, whether it could be legally retained or not. In a letter to Mrs. Garlick on Dec. 22nd, 1880, Mr. Sotlierton-Estcourt writes — “ I could not break the rule of the estate as to widows remaining tenants. It is not a rule which I made, but which I found on the estate, and I have had to act upon it on several occasions .” The ownership of the present Mr. Estcourt has been of short duration, and yet on “ several occasions” lie has evicted widows ; in each case he has doubtless refused, as with Mrs. Lee and Mrs. Garlick, to give compensation for any outlay made on the estate, or for hay and straw left upon it. In each case probably the poor evicted widow settled down to hopeless misery, knowing how small a chance of success she would have in appealing to the law. Fortunately for Mrs. Garlick she obtained good legal assistance and has been able to recover a small portion of her property. Out of the wreck of her fortune she recovers under the award of the arbitrator £191 4s. 3d., and Mr. Estcourt is ordered to pay her costs and his own. Mr. Grant Meek writes, “ the award shows that I was justified on the part of the landlord in resisting the claim of the out-going tenant to be paid at market price for the hay, straw, and manure.” If he was justified in resisting the claim, how is it that he has to pay costs? Such cases of heartless injustice cannot be presented to the public without raising a cry of indignation. They demand attention, as showing the conditions under which the greatest of our industries, agriculture, is carried on, through laws made by landlords for their own benefit ; administered by agents living hundreds of miles away ; and applied to helpless, hopeless, and usually silent victims. Yours truly, WILLIAM SAUNDERS. A PROGRAMME. 59 LAND AND TAXATION. A PROGRAMME. 1. — As Land is the product of nature, limited in extent, and essential to the operations of industry, its use must be regulated by the State for the benefit of the nation. 2. — The value of land, as distinguished from improvements upon it, is created by the community ; therefore this value belongs to the nation, and it cannot, without injustice, be personally appropriated. 3. — Land has been treated as private property, and has been exempted from taxation by unjust legislation, for the benefit of the legislators. 4. — The exemption of land from taxation has necessitated the taxation of industry, and thus the hardships and privations of the indus- trious classes have been increased, and idleness, luxury, and vice, amongst the privileged classes, have been promoted. 5. — The personal possession of land gives to individuals undue control over the lives, happiness, and industry of their fellow-men, is inconsistent with the freedom and welfare of mankind, and renders insecure the possession of property created by the employment of capital and the exercise of industry. 6. — The evils caused by unjust legislation respecting land, should be removed by reversing the legislation which has pioduced them, by relieving industry from taxation and reimposing taxation upon land. 7. — To secure the results of this industry to those who cultivate, improve, or build upon land, existing and future occupiers should be con- firmed and continued in its perpetual use upon paying to the State, year by year, the permanent annual value of the land they occupy, this value to be estimated periodically. The land to be efficiently used for purposes consistent with the welfare of the State. 8. — In cases where revenues from land are now appropriated to any purpose of public utility, they may continue to be used for the same purpose, subject to the special approval of Parliament. 9. — Income obtained by the State from the taxation of land should be appropriated — First, to providing restitution for those who have suffered longest from the unjust appropriation of land and taxation of industry; for which puiposes annuities of, say, ten pounds per annum should be paid to all persons above the age of sixty. Secondly, to the relief of cases of destitution which may arise from the proposed changes in the taxation and ownership of land. “ Thirdly, to expenditure for Government. Fourthly, to works of public utility. The following Publications may be had , Post Free on application , with remittance of the price stated , to the a Eastern Morning News,” Hull . 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