The Framework of Home Rule

by Erskine Childers

It is interesting, and for a proper understanding of the Irish question, indispensable, briefly to contrast the characteristics and progress of the American and Irish settlements, and in doing so to observe the profound effects of geographical position and political institutions on human character. I shall afterwards ask the reader to include in the comparison the later British Colonies formed in Canada and South Africa by conquest, and in Australia by peaceful settlement.

Let us note, first, that both in America and Ireland the Colonies were bi-racial, with this all-important distinction, that in America the native race was coloured, savage, heathen, nomadic, incapable of fusion with the whites, and, in relation to the almost illimitable territory colonized, not numerous; while in Ireland the native race was white, civilized, Christian, numerous, and confined within the limits of a small island to which it was passionately attached by treasured national traditions, and whose soil it cultivated under an ancient and revered system of tribal tenure. The parallel, then, in this respect, is slight, and becomes insignificant, except in regard to the similarity of the mental attitude of the colonists towards Indians and Irish respectively. In natural humanity the colonists of Ireland and the colonists of America differed in no appreciable degree. They were the same men, with the same inherent virtues and defects, acting according to the pressure of environment. Danger, in proportionate degree, made both classes brutal and perfidious; but in America, though there were moments of sharp crisis, as in 1675 on the borders of Massachusetts, the degree was comparatively small, and through the defeat and extrusion of the Indians diminished steadily. In Ireland, because complete expulsion and extermination were impossible, the degree was originally great, and, long after it had actually disappeared, haunted the imagination and distorted the policy of the invading nation.

In America there was no land question. Freeholds were plentiful for the meanest settlers and the title was sound and indisputable. In the "proprietary" Colonies, it is true, vast tracts of country were originally vested by royal grants in a single nobleman or a group of capitalists, just as vast estates were granted in Ireland to peers, London companies, and syndicates of "undertakers"; but by the nature of things, the extent of territory, its distance, and the absence of a white subject race, no agrarian harm resulted in America, and a healthy system of tenure, almost exclusively freehold, was naturally evolved.

In Ireland the land question was the whole question from the first. If the natives had been exterminated, or their remnants wholly confined, as Cromwell planned, to the barren lands of Connaught, all might have been well for the conquerors. Or if Ireland had been, in Mr. Chamberlain's phrase, a thousand miles away, all might have come right under the compulsion of circumstances and the healing influence of time. That the Celtic race still possessed its strong powers of assimilation was shown by the almost complete denationalization and absorption of a large number of Cromwell's soldier-colonists in the south and south-east under what Mr. Lecky calls the "invincible Catholicism" of the Irish women. But the Irish were not only numerous, but fatally near the seat of Empire. The natives—Irish or Anglo-Irish—were still more than twice as numerous as the colonists; they were scattered over the whole country, barren or fertile, and that country was within a day's sail of England. The titles of the colonists to the land rested on sheer violence, sometimes aggravated by the grossest meanness and treachery, and these titles were not recognized by the plundered race. Even with their gradual recognition it would have been difficult to introduce the English system of tenure, which was radically different and repellent to the Irish mind. The bare idea of one man absolutely owning land and transmitting it entire to his heirs was incomprehensible to them.

The solution for all these difficulties was unfortunately only too easy and obvious. England was near, strong, and thoroughly imbued with the policy of governing Ireland on the principle of antagonizing the races within her. It was possible, therefore, by English help, under laws made in England, to constitute the Irish outlaws from the land, labourers on it, no doubt, that was an economic necessity, precarious occupiers of plots just sufficient to support life; but, in the eyes of the law, serfs. The planters of the southern American Colonies imported African negroes for the same purpose, with irretrievably mischievous results to their own descendants. Nor is it an exaggeration to compare the use made of the Irish for a certain period to the use made of these negroes, for great numbers of the Irish were actually exported as slaves to Barbadoes, Jamaica, and even to Carolina.

The outlawed multitude in Ireland were deprived, not only of all rights to the land, but, as a corollary, of all social privileges whatsoever. "The law," said an Irish Lord Chancellor, "does not suppose any such person to exist as an Irish Roman Catholic." The instrument of ostracism was the famous Penal Code, begun in William's reign in direct and immediate defiance of a solemn pledge given in the Treaty of Limerick, guaranteeing liberty of conscience to the Catholics, and perfected in the reign of Anne. This Code, ostensibly framed to extirpate Catholicism, was primarily designed to confirm and perpetuate the gigantic dislocation of property caused by the transference of Irish and Anglo-Irish land into English and Scotch ownership. Since the rightful owners were Catholic, and the wrongful owners Protestants, the laws against the Catholic religion—a religion feared everywhere by Englishmen at this period—were the simplest means of legalizing and buttressing the new régime. I shall not linger over the details of the Code. Burke's description of it remains classic and unquestioned: "A complete system full of coherence and consistency, well digested and composed in all its parts ... a machine of wise and elaborate contrivance; and as well fitted for the oppression, impoverishment and degradation of a people, and the debasement in them of human nature itself, as ever proceeded from the perverted ingenuity of man."

The aim was to reduce the Catholics to poverty, ignorance, and impotence, and the aim was successful. Of the laws against priests, worship, education, and of the bars to commerce and the professions, I need not speak. In the matter of property, the fundamental enactments concerned the land, namely, that no Catholic could own land, or lease it for more than thirty years, and even then on conditions which made profitable tenure practically impossible. This law created and sustained the serfdom I have described, and is the direct cause of the modern land problem. It remained unaltered in the smallest respect for seventy years, that is, until 1761, when a Catholic was permitted to lease for sixty-one years as much as fifty acres of bog not less than four feet deep. Long before this the distribution of landed property and the system of land tenure had become stereotyped.

This system of tenure was one of the worst that ever existed on the face of the globe. It has been matched in portions of India, but nowhere else in this Empire save in little Prince Edward Island, where we shall meet with it again. In Ireland, where it assumed its worst form, violent conquest by a neighbouring power not only made it politic to outlaw the old owners, but precluded the introduction of the traditional English tenures, even into the relations between the British superior landlord and the British occupying colonist. The bulk of the confiscated Irish land, as I have mentioned, had been granted in fee to English noblemen, gentlemen, or speculators, who planted it with middle or lower-class tenants. A number of Cromwell's private soldiers settled in Leinster and Munster, and, holding small farms in fee, formed an exception to this rule. But the greater part of Ireland, in ownership, as distinguished from occupation, consisted of big estates, and a large number of the English owners, being only a day's sail from England, became, by natural instinct, habitual absentees. Others lived in Dublin and neglected their estates. Absenteeism, non-existent in America, assumed in Ireland the proportions of an enormous economic evil. In England the landlord was, and remains, a capitalist, providing a house and a fully equipped farm to the tenant. In Ireland he was a rent receiver pure and simple, unconnected with the occupier by any healthy bond, moral or economic. The rent-receiving absentee involved a resident middleman, who contracted to pay a stipulated rent to the absentee, and had to extract that rent, plus a profit for himself, out of the occupiers, whether Catholic serfs, Protestant tenants, or both, and usually did so by subdivision of holdings and disproportionate elevation of rents. Over three of the four Provinces of Ireland—for a small part of Ulster was differently situated—the middleman himself frequently became an absentee and farmed his agency to another middleman, who by further subdivisions and extortions made an additional private profit, and who, in his turn, would create a subsidiary agency, until the land in many cases was "subset six deep."[5] The ultimate occupier and sole creator of agricultural wealth lived perpetually on the verge of starvation, beggared not only by extortionate rents, partly worked out in virtually forced labour, but by extortionate tithes paid to the alien Anglican Church, in addition to the scanty dues willingly contributed to the hunted priests of his own prescribed religion. His resident upper class—though we must allow for many honourable exceptions—was the Squirearchy, satirized by Arthur Young as petty despots with the vices of despots; idle, tyrannical, profligate, boorish, fit founders of the worst social system the modern civilized world has ever known. The slave-owning planters of Carolina were by no means devoid of similar faults, which are the invariable products of arbitrary control over human beings, but there the physiological gulf between the dominant and subject race was too broad and deep to permit of substantial deterioration in the former. In Ireland the ethnological difference was small; the artificial cleavage and deterioration great in inverse proportion.

For the greater part of a century, in every part of Ireland, tenancies of land, whether held by Catholic or Protestant, by lease or at will, were alike in certain fundamental characteristics. The tenant had neither security of tenure nor right to the value of the improvements which were invariably made by his own capital and labour. Even a leaseholder, when his lease expired, had no prescriptive claim to renewal, but must take his chance at a rent-auction with strangers, the farm going to the highest bidder. If he lost, he was homeless and penniless, while the fruits of his labour and capital passed into other hands. The miserable Catholic cottier was, of course, in a similar case, though relatively his hardship was less, since his condition, being the lowest possible in all circumstances, could scarcely be worse. Obviously, in a case where the landlord was neither the capitalist nor the protector and friend of the tenant, the possession of those elementary rights, security of tenure and compensation for improvements, was the condition precedent to the growth of a sound agrarian system. Their denial was incompatible with social order. Yet they were denied, and for one hundred and eighty years an intermittent struggle to obtain them by violence and criminal conspiracy degraded and retarded Ireland.

But a marked distinction grew up between a small portion of Ireland and the rest. James I.'s plantation of Ulster had been far more drastic and thorough than any operation of the kind before or since. Later immigrants had flowed in, and at the beginning of the eighteenth century in the north-eastern portion—the predominantly Protestant Ulster of to-day—Scotch Protestant tenants, mainly Presbyterian, were thickly settled, and formed an industrious community of strong and tenacious temper. In the original leases granted by the concessionaires in the seventeenth century, fixity of tenure was implied, and a nominal rent levied, somewhat after the American model; but under the example of other Provinces, and the economic pressure exerted by the growth in the Catholic population, these privileges seem to have been almost wholly obliterated. The absentee landlords, reckless of social welfare, exacted the rack or competitive rent. As in the south and west, tithes to the Established Church and oppressive and corrupt local taxation for roads and other purposes, aggravated the discontent. For agrarian reasons only—and there were others which I shall mention—many thousands of Protestants left Ireland for ever. It required a long period of outrage and conspiracy, attaining in 1770 the proportions of a small civil war, and at the end of the century, by the anti-Catholic passions it inspired, wrecking new hopes of racial unity, to establish what came to be known as the Ulster Custom of Tenant Right. If Protestant freemen had to resort to these demoralizing methods to obtain, and then only after irreparable damage to Ireland, the first condition of social stability, a tolerable land system, the effect of the agrarian system on Catholic Ireland, prostrate under the Penal Code, may be easily imagined.