There are vicissitudes in all classes of society, and in all occupations in which we may engage; and when we have, as now in Ireland, a state of things—a grievous calamity not equalled under the sun,—it is the duty of this House not to interfere with the ordinary and natural course of remedy, and not to flinch from what is necessary for the safety of the people by reason of any mistaken sympathy with the owners of cotton mills or with the proprietors of landed estates. Now, I want Parliament to remove every obstacle in the way of the free sale of land. I believe that in this policy lies the only security you have for the restoration of the distressed districts of Ireland. The question of a Parliamentary title is most important; but I understand that the difficulty of this arises from the system of entails beyond persons now living, and because you must go back through a long search of sixty years before you can make it quite clear that the title is absolutely secure. The right hon. Baronet the Member for Tamworth suggested that the Lord Chancellor should be ousted. I proposed last year that there should be a new court established in Ireland, for the adjudication of cases connected with land, and for no other purpose, and that it should thus relieve the present courts from much of the business with which they are now encumbered. But I do not say that even such a court would effect much good, unless it were very much more speedy in its operations than the existing courts. I believe that the present Lord Chancellor is admitted to be as good a Judge as ever sat in the Court of Chancery; but he is rather timid as a Minister, and inert as a statesman; and, if I am not mistaken, he was in a great measure responsible for the failure of the Bill for facilitating the sale of encumbered estates last Session. The Government must have known, as well as I do, that such a measure could not succeed, and that the clause which was introduced—on the third reading, I believe—made it impossible to work it.
There is another point, with regard to intestate estates. I feel how tenderly one must speak, in this House, upon a question like this. Even the right hon. Member for Tamworth, with all his authority, appeared, when touching on this delicate question of the land, as if he were walking upon eggs which he was very much afraid of breaking. I certainly never heard the right hon. Gentleman steer through so many sinuosities in a case; and hardly, at last, dared he come to the question, because he was talking about land—this sacred land! I believe land to have nothing peculiar in its nature which does not belong to other property; and everything that we have done with the view of treating land differently from other property has been a blunder—a false course which we must retrace—an error which lies at the foundation of very much of the pauperism and want of employment which so generally prevail. Now, with regard to intestate estates, I am told that the House of Lords will never repeal the law of primogeniture; but I do not want them to repeal the law of primogeniture in the sense entertained by some people. I do not want them to enact the system of France, by which a division of property is compelled. I think that to force the division of property by law is just as contrary to sound principles and natural rights as to prevent its division, as is done by our law. If a man choose to act the unnatural and absurd part of leaving the whole of his property to one child, I should not, certainly, look with respect upon his memory; but I would not interfere to prevent the free exercise of his will. I think, however, if a man die by chance without a will, that it is the duty of the Government to set a high moral example, and to divide the property equally among the children of the former owner, or among those who may be said to be his heirs—among those, in fact, who would fairly participate in his personal estate. If that system of leaving all to the eldest were followed out in the case of personalty, it would lead to immediate confusion, and, by destroying the whole social system, to a perfect anarchy of property. Why, then, should that course be followed with regard to land? The repeal of the law would not of necessity destroy the custom; but this House would no longer give its sanction to a practice which is bad; and I believe that gradually there would be a more just appreciation of their duties in this respect by the great body of testators.
Then, with regard to life interests; I would make an alteration there. I think that life-owners should be allowed to grant leases—of course, only on such terms as should ensure the successor from fraud—and that estates should be permitted to be charged with the sums which were expended in their improvement. Next, with regard to the registry of land. In many European countries this is done; and high legal authorities affirm that it would not be difficult to accomplish it in this country. You have your Ordnance Survey. To make the Survey necessary for a perfect registry of deeds throughout the kingdom, would not cost more than 9_d_. an acre; and if you had your plans engraved, it would be no great addition to the expense. There can be no reason why the landowners should not have that advantage conferred upon them, because, in addition to the public benefit, it would increase the value of their lands by several years' purchase. Mr. Senior has stated, that if there were the same ready means for the transfer of land as at present exist for the transfer of personalty, the value of land would be increased, if I mistake not, by nine years' purchase. This is a subject which I would recommend to the hon. Member for Buckinghamshire, now distinguished as the advocate of the landed interest.
Then with regard to stamps, I think that they might be reduced, at any rate for a number of years, to a nominal amount. In fact, I would make any sacrifice for the purpose of changing land from the hands of insolvent and embarrassed owners into those of solvent persons, who would employ it in a manner usefully and advantageously to the country and themselves. There is another proposition with, regard to the waste lands of Ireland. The Government made a proposal last year for obtaining those waste lands, and bringing them into cultivation. That I thought injudicious. But they might take those lands at a valuation, and, dividing them into farms and estates of moderate size, might tempt purchasers from different parts of the United Kingdom. By such means I believe that a large proportion of the best of the waste lands might be brought into cultivation. I believe that these are the only means by which capital can be attracted to that country.
The noble Lord at the head of the Government proposes to attract capital to Ireland by a maximum rate and a charge upon the Unions. If that maximum rate be all you have to propose, there will be no more probability of capital flowing into those parts of Ireland where it is so much required, than there was at the time when the poor-rate was unknown. The right hon. Gentleman the Member for Tamworth spoke about emigration; and I think that he was rather unjust, or at least unwise, in his observations with regard to voluntary emigration. Things that are done voluntarily are not always done well; neither are things that are done by the Government; and I know many cases where Government undertakings have failed as eminently as any that have been attempted by private enterprise. But it does not appear to me that there is much wisdom in the project of emigration, although I know that some hon. Gentlemen from Ireland place great faith in it as a remedy. I have endeavoured to ascertain what is the relation of the population to the land in Ireland, and this is what I find. In speaking of the Clifden Union, the Inspectors state—
'In conclusion, we beg to offer our matured opinion that the resources of the Union would, if made available, be amply sufficient for the independent support of its population.'
Mr. Hamilton, who was examined before the Committee of which I am a member, said, speaking of the Unions of Donegal and Glenties—
'There is no over-population, if those Unions, according to their capabilities, were cultivated as the average of English counties, with the same skill and capital.'
And Mr. Twisleton said—
'I did not speak of a redundant population in reference to land, only to capital. The land of Ireland could maintain double its present population.'