The Landleaguers

by Anthony Trollope

I now purpose to describe in a very few words the nature of the warfare. It may be said that the existence of Ireland as a province of England depends on the tenure of the land. If the land were to be taken altogether from the present owners, and divided in perpetuity among any possible number of tenants, so as to be the property of each tenant, without payment of any rent, all England's sense of justice would be outraged, the English power of governing would be destroyed, and all that could then be done by England would be to give a refuge to the present owners till the time should come for righting themselves, and they should be enabled to make some further attempt for the recovery of their possessions. This would probably arrive, if not sooner, from the annihilation of the new proprietors under the hands of their fellow-countrymen to whom none of the spoil had been awarded. But English statesmen,—a small portion, that is, of English statesmen,—have wished in their philanthropy to devise some measure which might satisfy the present tenants of the land, giving them a portion of the spoil; and might leave the landlords contented,—not indeed with their lot, which they would feel to be one of cruel deprivation, but with the feeling that something had at any rate been left to them. A compromise would be thus effected between the two classes whose interests have always been opposed to each other since the world began,—between the owners of property and those who have owned none.

The statesmen in question have now come into power by means of their philanthropy, their undoubted genius, and great gifts of eloquence. They have almost talked the world out of its power of sober judgment. I hold that they have so succeeded in talking to the present House of Commons. And when the House of Commons has been so talked into any wise or foolish decision, the House of Lords and the whole legislating machinery of the country is bound to follow.

But how should their compromises be effected? It does not suit the present writer to name any individual statesman. He neither wishes to assist in raising a friend to the gods, or to lend his little aid in crushing an enemy. But to the Liberal statesmen of the day, men in speaking well of whom—at a great distance—he has spent a long life, he is now bound to express himself as opposed. We all remember the manner after which the Coercion Bill of 1881 was passed. The hoarse shrieks with which a score of Irish members ran out of the House crying "Privilege," when their voices had been stopped by the salutary but certainly unconstitutional word of the Speaker, is still ringing in our ears. Then the Government and the Irish score were at daggers-drawn with each other. To sit for thirty-six hours endeavouring to pass a clause was then held by all men to be an odious bondage. But when these clauses had thus roughly been made to be the law, the sugar-plum was to follow by which all Ireland was to be appeased. The second Bill of 1881 was passed, which, with various additions, has given rise to Judge O'Hagan's Land Court. That, with its various sub-commissioners, is now engaged in settling at what rate land shall be let in Ireland.

That Judge O'Hagan and his fellow commissioners are well qualified to perform their task,—as well qualified, that is, by kindness, by legal knowledge and general sagacity as any men can be,—I have heard no one deny. In the performance of most difficult duties they have hitherto encountered no censure. But they have, I think, been taxed to perform duties beyond the reach of any mortal wisdom. They are expected to do that which all the world has hitherto failed in doing,—to do that against which the commonest proverbs of ancient and modern wisdom have raised their voice. There is no proverb more common than that of "caveat emptor." It is Judge O'Hagan's business to do for the poorer party in each bargain made between a landlord and a tenant that against which the above proverb warns him. The landlord has declared that the tenant shall not have the land unless he will pay £10 a year for it. The tenant agrees. Then comes Judge O'Hagan and tells the two contracting parties to take up their pens quickly and write down £8 as the fair rent payable for the land. And it was with the object of doing this, of reducing every £10 by some percentage, twenty per cent. or otherwise, that this commission was appointed. The Government had taken upon itself to say that the greed of Irish landlords had been too greedy, and the softness of Irish tenants too soft, and that therefore Parliament must interfere. Parliament has interfered, and £8 is to be written down for a term of years in lieu of £10, and the land is to become the possession of the tenant instead of the landlord as long as he may pay this reduced rent. In fact all the bonds which have bound the landlord to his land are to be annihilated. So also are the bonds which bind the tenant, who will sell the property so acquired when he shall have found that that for which he pays £8 per annum shall have become worth £10 in the market.

It is useless to argue with the commissioners, or with the Government, as to the inexpediency of such an attempt to alter the laws for governing the world, which have forced themselves on the world's acceptance. Many such attempts have been made to alter these laws. The Romans said that twelve per cent. should be the interest for money. A feeling long prevailed in England that legitimate interest should not exceed five per cent. It is now acknowledged that money is worth what it will fetch; and the interests of the young, the foolish, and the reckless, who are tempted to pay too much for it, are protected only by public opinion. The usurer is hated, and the hands of the honest men are against him. That suffices to give the borrower such protection as is needed. So it is with landlords and tenants. Injury is no doubt done, and injustice is enabled to prevail here and there. But it is the lesser injury, the lesser injustice, which cannot be prevented in the long run by any attempt to escape the law of "caveat emptor."

It is, however, vain to talk to benevolent commissioners, or to a Government working by eloquence and guided by philanthropy, regardless of political economy. "Would you have the heart," asks the benevolent commissioner, "to evict the poor man from his small holding on which he has lived all his life, where his only sympathies lie, and send him abroad to a distant land, where his solitary tie will be that of labour?" The benevolent commissioner thus expresses with great talk and with something also of the eloquence of his employers the feeling which prevails on that side of the question. But that which he deprecates is just what I could do; and having seen many Irishmen both in America and in Ireland, I know that the American Irishman is the happiest man of the two. He eats more; and in much eating the happiness of mankind depends greatly. He is better clothed, better sheltered, and better instructed. Though his women wail when he departs, he sends home money to fetch them. This may be for the profit of America. There are many who think that it must therefore be to the injury of England. The question now is whether the pathetic remonstrance of the tear-laden commissioner should be allowed to prevail. I say that the tenant who undertakes to pay for land that which the land will not enable him to pay had better go,—under whatever pressure.

Let us see how many details, how many improbabilities, will have to be met before the benevolence of the commissioner can be made to prevail. The reductions made on the rent average something between twenty and twenty-five per cent. Let us take them at twenty. If a tenant has to be evicted for a demand of £10, will he be able to live in comfort if he pay only £8? Shall one tenant live in comfort on a farm, the rent of which has been reduced him from £100 to £80, and another, the reduction having been from £20 to £16? In either case, if a tenant shall do well with two children, how shall he do with six or eight? A true teetotaller can certainly pay double the rent which may be extracted from a man who drinks. Shall the normal tenant earn wages beyond what he gets from the land under his own tillage? Shall the idle man be made equal to the industrious,—or can this be done, or should it be done, by any philanthropy? Statesmen sitting together in a cabinet may resolve that they will set the world right by eloquence and benevolence combined; but the practices to which the world have been brought by long experience will avail more than eloquence and benevolence. Statesmen may decree that land shall be let at a certain rate, and the decree will prevail for a time. It may prevail long enough to put out of gear the present affairs of the Irish world with which these statesmen will have tampered. But the long experience will come back, and bargains will again be made between man and man, though the intervening injuries will be heartbreaking.

But the benevolence of the Government and its commissioners will not have gone far. The Land Law of 1881 has, as I now write, been at work for twelve months, and the results hitherto accomplished have been very small. It may be doubted whether a single reluctant tenant,—a single tenant who would have been unwilling to leave his holding,—has been preserved from American exile by having his £10 or £20 or £30 of rent reduced to £8 or £16 or £24. The commissioners work slowly, having all the skill of the lawyers, on one side or the other, against them. It is piteous to see the hopelessness of three sub-commissioners in the midst of a crowd of Irish attorneys. And the law, as it exists at present, can be made to act only on holdings possessed by tenants for one year. And the skill of the lawyers is used in proving on the part of the landlords that the land is held by firm leases, and cannot, therefore, be subjected to the law; and then by proving, on behalf of the tenants, that the existing leases are illegal, and should be broken. The possession of a lease, which used to be regarded as a safeguard and permanent blessing to the tenant, is now held to be cruelly detrimental to him, as preventing the lowering of his rent, and the immediate creation for him of a tenancy for ever. It is not to be supposed that the sub-commissioners can walk over the land and straightway reduce the rents, though the lands would certainly be subject to such reduction did not the law interfere. In a majority of cases,—a majority as far as all Ireland is concerned,—a feeling of honesty does prevail between landlord and tenant, which makes them both willing to subject themselves to the new law without the interference of attorneys, and many are preparing themselves for such an arrangement. The landlord is willing to lose twenty per cent. in fear of something worse, and the tenant is willing to take it, hardly daring to hope for anything better. Such is the best condition which the law has ventured to anticipate. But in either case this is to be done as tempering the wind to the shorn lamb. The landlord is anxious if possible to save for himself and those who may come after him something of the reality of his property, and the tenant feels that, though something of the nobility of property has been promised to him by the Landleaguers, he may after all make the best bargain by so far submitting himself to his shorn landlord.

But on estates where the commissioners are allowed their full swing, the whole nature of the property in the land will be altered. The present tenant, paying a tax of £8 per annum which will be subjected to no reduction and on which no abatement can be made, in lieu of a £10 rent, will be the owner. The small man will be infinitely more subject to disturbance than at present, because the tax must be paid. The landlord will feel no mercy for him, seeing that the bonds between them which demanded mercy have been abrogated. The extra £2 or £4 or £6 will not enable the tenant to live the life of ease which he will have promised himself. If his interest has been made to be worth anything,—and it will be worth something, seeing that it has been worth something, and is saleable under its present condition,—it will be sold, and the emigration will continue. There are cruel cases at present. There will be cases not less cruel under the régime which the new law is expected to produce. But the new law will be felt to have been unjust as having tampered with the rights of property, and having demanded from the owners of property its sale or other terms than those of mutual contract.

But the time selected for the measure was most inappropriate. If good in itself, it was bad at the time it was passed. Home Rule coming across to us from America had taken the guise of rebellion. I have met gentlemen who, as Home-Rulers, have simply desired to obtain for their country an increase of power in the management of their own affairs. These men have been loyal and patriotic, and it might perhaps be well to meet their views. The Channel no doubt does make a difference between Liverpool and Dublin. But the latter-day Home-Rulers, of whom I speak, brought their politics, their aspirations, and their money from New York, and boldly made use of the means which the British Constitution afforded them to upset the British Constitution as established in Ireland. That they should not succeed in doing this is the determination of all, at any rate on this side of the Channel. It is still, I believe, the desire of most thinking men on the Irish side. But parliamentary votes are not given only to thinking men; and consequently a body of members has appeared in the House, energetic and now well trained, who have resolved by the clamour of their voices to put an end to the British power of governing the country. These members are but a minority among those whom Ireland sends to Parliament; but they have learned what a minority can effect by unbridled audacity. England is still writhing in her attempt to invent some mode of controlling them. But long before any such mode had been adopted,—had been adopted or even planned,—the Government in 1881 brought out their plan for securing to the tenants fair rents, fixity of tenure, and freedom of sale.