That a Land Act should be passed was a foregone conclusion as soon as the result of the general election was known. There were many drafts and plans which never saw the light, but it was at last resolved to adopt the policy Land Act, 1881. known as the “Three F’s”—free sale, fixity of tenure and fair rents. By the first tenants at will were empowered to sell their occupation interests, the landlord retaining a right of pre-emption. By the second the tenant was secured from eviction except for non-payment of rent. By the third the tenant was given the right to have a “fair rent” fixed by a newly formed Land Commission Court, the element of competition being entirely excluded. There were several exceptions and qualifying clauses, but most of them have been swept away by later acts. The act of 1881 can scarcely be said to have worked well or smoothly, but it is not easy to see how any sort of settlement could have been reached without accepting the principle of having the rent fixed by a third party. Drastic as the bill was, Parnell refused to be a party to it, and on the second reading, which was carried by 352 to 176, he walked out of the House with 35 of his followers. When the bill became law in August he could not prevent the tenants from using it, but he did what he could to discourage them in order to please his American paymasters, who repudiated all parliamentary remedies. In September a convention was held in Dublin, and Parnell reported its action to the American Land League: “Resolutions were adopted for national self-government, the unconditional liberation of the land for the people, tenants not to use the rent-fixing clauses of the Land Act, but follow old Land League lines, and rely on the old methods to reach justice. The executive of the League is empowered to select test cases, in order that tenants in surrounding districts may realize, by the results of cases decided, the hollowness of the act” (Barry O’Brien, Life of C. S. Parnell, i. 306). His organ United Ireland declared that the new courts must be cowed into giving satisfactory decisions. The League, however, could not prevent the farmers from using the fair-rent clauses. It was more successful in preventing free sale, maintaining the doctrine that, rent or no rent, no evictions were to be allowed. At the first sitting of the Land Commission in Dublin the crier, perhaps by accident, declared “the court of the Land League to be open.” Speaking at Leeds on the 7th of October, Gladstone said “the resources of civilization were not exhausted,” adding that Parnell “stood between the living and the dead, not like Aaron to stay the plague, but to spread the plague.” Two days later Parnell called the prime minister a “masquerading knight-errant,” ready to oppress the unarmed, but submissive to the Boers as soon as he found “that they were able to shoot straighter than his own soldiers.” Four days after this Parnell was arrested under the Coercion Act and lodged in Kilmainham Kilmainham “Treaty.” gaol. The Land League having retorted by ordering the tenants to pay no rent, it was declared illegal, and suppressed by proclamation. Parnell is said to have disapproved of the no-rent manifesto, as also Mr John Dillon, who was in Kilmainham with him, but both of them signed it (ib. i. 319). At Liverpool on the 27th of October Gladstone described Parnell and his party as “marching through rapine to the disintegration and dismemberment of the empire.” In 1881, 4439 agrarian outrages were reported; nothing attracted more attention in England than the cruel mutilations of cattle, which became very frequent. The Ladies’ Land League tried to carry on the work of the suppressed organization and there was even an attempt at a Children’s League. Sex had no effect in softening the prevalent style of oratory, but the government thought it better to take no notice. The imprisonment of suspects under the Coercion Act had not the expected result, and outrages were incessant, the agitation being supported by constant supplies of money from America. Gladstone resolved on a complete change of policy. It was decided to check evictions by an Arrears Bill, and the three imprisoned members of parliament—Messrs Parnell, Dillon and O’Kelly—were released on the 2nd of May 1882, against the wishes of the Irish government. This was known as the Kilmainham Treaty. Lord Cowper and Forster at once resigned, and were succeeded by Lord Spencer and Lord Frederick Cavendish, who entered Dublin on the 6th of May.
That same evening Lord Frederick and the permanent under-secretary Thomas Henry Burke were murdered in the Phoenix Park in broad daylight. The weapons were amputating knives imported for the purpose. The assassins drove Phoenix Park murders. rapidly away; no one, not even those who saw the deed from a distance, knew what had been done. A Dublin tradesman named Field, who had been a juror in a murder trial, was attacked by the same gang and stabbed in many places. He escaped with life, though with shattered health, and it was the identification of the man who drove his assailants’ car that afterwards led to the discovery of the whole conspiracy. The clue was obtained by a private examination of suspected persons under the powers given by the Crimes Act. To obtain convictions the evidence of an informer was wanted, and the person selected was James Carey, a member of the Dublin Corporation and a chief contriver of the murders. He swore that they had been ordered immediately after the appearance of an article in the Freeman’s Journal which declared that a “clean sweep” should be made of Dublin Castle officials. The evidence disclosed the fact that several abortive attempts had been previously made to murder Forster. Out of twenty persons, subsequently arraigned, five were hanged, and others sentenced to long terms of imprisonment. Carey embarked for South Africa in the following July, and was murdered on board ship by Patrick O’Donnell, who was brought to England, convicted, and hanged on the 17th of December 1883.
Mr (afterwards Sir) G. O. Trevelyan had been appointed chief secretary in May 1882, and in July the Crimes Prevention Act was passed for three years on lines indicated by Lord Cowper. In the first six months of the year National League. 2597 agrarian outrages were reported, and in the last six months 836. They fell to 834 in 1883, and to 744 in 1884. The Arrears Bill also became law. Money enough was advanced out of the surplus property of the Irish Church to pay for tenants of holdings under £30 one year’s rent upon all arrears accruing before November 1880, giving them a clear receipt to that date on condition of their paying another year themselves; of the many reasons against the measure the most important was that it was a concession to agrarian violence. But the same could be and was said of the Land Act of 1881. That had been passed, and it was probably impossible to make it work at all smoothly without checking evictions by dealing with old arrears. The Irish National League was, however, founded in October to take up the work of the defunct Land League, and the country continued to be disturbed. The law was paralysed, for no jury could be trusted to convict even on the clearest evidence, and the National League branches assumed judicial functions. Men were openly tried all over the country for disobeying the revolutionary decrees, and private spite was often the cause of their being accused. “Tenants,” to quote the Cowper Commission again, “who have paid even the judicial rents have been summoned to appear before self-constituted tribunals, and if they failed to do so, or on appearing failed to satisfy those tribunals, have been fined or boycotted.” In February 1883 Mr Trevelyan gave an account of his stewardship at Hawick, and said that all law-abiding Irishmen, whether Conservative or Liberal, were on one side, while on the other were those who “planned and executed the Galway and Dublin murders, the boycotting and firing into houses, the mutilation of cattle and intimidation of every sort.” In this year the campaign of outrage in Ireland Dynamite. was reinforced by one of dynamite in Great Britain. The home secretary, Sir W. Harcourt, brought in an Explosives Bill on the 9th of April, which was passed through all its stages in one day and received the royal assent on the next. The dynamiters were for the most part Irish-Americans, who for obvious reasons generally spared Ireland, but one land-agent’s house in Kerry was shaken to its foundations in November 1884. At Belfast in the preceding June Lord Spencer, who afterwards became a Home Ruler, had announced that the secret conspirators would “not terrify the English nation.” On the 22nd of February 1883 Forster made his great attack on Parnell in the House of Commons, accusing him of moral complicity with Irish crime. A detailed answer was never attempted, and public attention was soon drawn to the trial of the “Invincibles” who contrived the Phoenix Park murders. On the 11th of December Parnell received a present of £37,000 from his followers in Ireland. The tribute, as it was called, was raised in spite of a papal prohibition. As a complement Labourers Act. to the Land Act and Arrears Act, boards of guardians were this year empowered to build labourers’ cottages with money borrowed on the security of the rates and repayable out of them. Half an acre of land went with the cottage, and by a later act this was unwisely extended to one acre. That the labourers had been badly housed was evident, and there was little chance of improvement by private capitalists, for cottage property is not remunerative. But the working of the Labourers Acts was very costly, cottages being often assigned to people who were not agricultural labourers at all. In many districts the building was quite overdone, and the rent obtainable being far less than enough to recoup the guardians, the system operated as out-door relief for the able-bodied and as a rate in aid of wages.
The Explosives Act, strong as it was, did not at once effect its object. In February 1884 there was a plot to blow up four London railway stations by means of clockwork infernal machines containing dynamite, brought from America. Three Irish-Americans were convicted, of whom one, John Daly, who was sentenced to penal servitude for life, lived to be mayor of Limerick in 1899. In January 1885 Parnell visited Thurles, where he gave a remarkable proof of his power by breaking down local opposition to his candidate for Tipperary. In April the prince and princess of Wales visited Ireland. At Dublin they were well received, and at Belfast enthusiastically, but there were hostile demonstrations at Mallow and Cork. In May it was intended to renew the Crimes Prevention Act, but before that was done the government was beaten on a financial question by 264 to 252, Parnell and 39 of his followers voting with the Conservatives. The Crimes Prevention Act expired on the 12th of July, and the want of it was at once felt. The number of agrarian outrages reported in the first six months of the year was 373; in the last six months they rose to 543, and the number of persons boycotted was almost trebled. Lord Salisbury came into office, with Lord Carnarvon as lord-lieutenant and Sir W. Hart Dyke as chief secretary. The lord-lieutenant had an interview with Parnell, of which very conflicting accounts were given, but the Irish leader issued a manifesto advising his friends to vote against the Liberals as oppressors and coercionists, who promised everything and did nothing. The constitutional Liberal party in Ireland was in fact annihilated by the extension of the franchise to agricultural labourers and very small farmers. The most important Irish measure of Ashbourne Act. the session was the Ashbourne Act, by which £5,000,000 was allotted on the security of the land for the creation of an occupying proprietary. Later the same sum was again granted, and there was still a good deal unexpended when the larger measure of 1891 became law. In December 1885, when the general election was over, an anonymous scheme of Home Rule appeared in some newspapers, and in spite of disclaimers it was at once believed that Gladstone had made up his mind to surrender. In October 1884, only fourteen months before, he had told political friends that he had a sneaking regard for Parnell, and that Home Rule might be a matter for serious consideration within ten years (Sir A. West’s Recollections, 1899, ii. 206). The shortening of the time was perhaps accounted for by the fact that the new House of Commons consisted of 331 Liberals, 249 Conservatives, 86 Home Rulers and Independents, Parnell thus holding the balance of parties. In Ireland there had been 66 elections contested, and out of 451,000 voters 93,000 were illiterates. Such were the constituencies to whom it was proposed to hand Ireland over. On the 26th of January 1886 the government were defeated by a combination of Liberal and Nationalists on an issue not directly connected with Ireland, and their resignation Home Rule Bill, 1886. immediately followed. Gladstone became prime minister, with Lord Aberdeen as lord-lieutenant and Mr John Morley as chief secretary. Lord Hartington and Mr Goschen were not included in this administration. In February Parnell again showed his power by forcing Captain O’Shea upon the unwilling electors of Galway. He introduced a Land Bill to relieve tenants from legal process if they paid half their rent, and foretold disorder in consequence of its rejection. In April the Government of Ireland Bill was brought in, Mr Chamberlain (q.v.), Mr Trevelyan and others leaving the ministry. The bill attempted to safeguard British interests, while leaving Ireland at the mercy of the native politicians. Irish members were excluded from the imperial parliament. The local legislature was to consist of two orders sitting and voting together, but with the power of separating on the demand of either order present. The 28 representative peers, with 75 other members having an income of £200, or a capital of £4000, elected for ten years by £25 occupiers, were to constitute the first order. The second was to have 204 members returned for five years by the usual parliamentary electorate. The status of the lord-lieutenant was unalterable by this legislature. Holders of judicial offices and permanent civil servants had the option of retiring with pensions, but the constabulary, whom the Home Rulers had openly threatened to punish when their time came, were to come after an interval under the power of the Irish Parliament. Parnell accepted the bill, but without enthusiasm.
The Government of Ireland Bill gave no protection to landowners, but as the crisis was mainly agrarian, it would have been hardly decent to make no show of considering them. A Land Purchase Bill was accordingly introduced on the 16th of April by the prime minister under “an obligation of honour and policy,” to use his own words. Fifty millions sterling in three years was proposed as payment for what had been officially undervalued at 113 millions. It was assumed that there would be a rush to sell, the choice apparently lying between that and confiscation, and priority was to be decided by lot. The Irish landlords, however, showed no disposition to sell their country, and the Purchase Bill was quickly dropped, though Gladstone had declared the two measures to be inseparable. He reminded the landlords that the “sands were running in the hour-glass,” but this threat had no effect. The Unionists of Ireland had been taken by surprise, and out of Ulster they had no organization capable of opposing the National League and the government combined. Individuals went to England and spoke wherever they could get a hearing, but it was uphill work. In Ulster the Orange lodges were always available, and the large Protestant population made itself felt. Terrible riots took place at Belfast in June, July and August. In October there was an inquiry by a royal commission with Mr Justice Day at its head, and on the report being published in the following January there were fresh riots. Foolish and criminal as these disturbances were, they served to remind the English people that Ireland would not cease to be troublesome under Home Rule. In parliament the Home Rule Bill soon got into rough water; John Bright declared against it. The “dissentient Liberals,” as Gladstone always called them, were not converted by the abandonment of the Purchase Bill, and on the 7th of June 93 of them voted against the second reading, which was lost by 30 votes. A general election followed in July, and 74 Liberal Unionists were returned, forming with the Conservatives a Unionist party, which outnumbered Gladstonians and Parnellites together by over a hundred. Gladstone resigned, and Lord Salisbury became prime minister, with Lord Londonderry as lord-lieutenant and Sir M. Hicks-Beach (afterwards Lord St Aldwyn) as chief secretary.
The political stroke having failed, agrarianism again occupied the ground. The “plan of campaign” was started, against Parnell’s wishes, towards the end of 1886. The gist of this movement was that tenants should offer what The “Plan of Campaign.” they were pleased to consider a fair rent, and if it was refused, should pay the money into the hands of a committee. In March 1887 Sir M. Hicks-Beach resigned on account of illness, and Mr Arthur Balfour (q.v.) became chief secretary. The attempt to govern Ireland under what was called “the ordinary law” was necessarily abandoned, and a perpetual Crimes Act was passed which enabled the lord-lieutenant to proclaim disturbed districts and dangerous associations, and substituted trial by magistrates for trial by jury in the case of certain acts of violence. In August the National League was suppressed by proclamation. The conservative instincts of the Vatican were alarmed by the lawless state of Ireland, and an eminent ecclesiastic, Monsignor Persico, arrived in the late summer on a special commission of inquiry. He made no secret of his belief that the establishment of an occupying proprietary was the only lasting cure, but the attitude of the clergy became gradually more moderate. The government passed a bill giving leaseholders the benefit of the act of 1881, and prescribing a temporary reduction upon judicial rents already fixed. This last provision was open to many great and obvious objections, but was more or less justified by the fall in prices which had taken place since 1881.
The steady administration of the Crimes Act by Mr Balfour gradually quieted the country. Parnell had now gained the bulk of the Liberal party, including Lord Spencer (in spite of all that he had said and done) and Sir G. Trevelyan (in spite of his Hawick speech). In the circumstances the best chance for Home Rule was not to stir the land question. Cecil Rhodes, hoping to help imperial federation, gave Parnell £10,000 for the cause. In September 1887 a riot arising out of the “plan of campaign” took place at Mitchelstown. The police fired, and two lives were lost, Mr Henry Labouchere and Mr (afterwards Sir John) Brunner, both members of parliament, being present at the time. The coroner’s jury brought in a verdict against the police, but that was a matter of course, and the government ignored it. A telegram sent by Gladstone a little later, ending with the words “remember Mitchelstown,” created a good deal of feeling, but it did the Home Rulers no good. In October Mr Chamberlain visited Ulster, where he was received with enthusiasm, and delivered several stirring Unionist speeches. In November Lord Hartington and Mr Goschen were in Dublin, and addressed a great loyalist meeting there.
In July 1888 an act was passed appointing a commission, consisting of Sir James Hannen, Mr Justice Day and Mr Justice A. L. Smith, to inquire into certain charges made by The Times against Parnell and his party. What Parnell Commission. caused most excitement was the publication by The Times on the 15th of May 1887 of a facsimile letter purporting to have been written by Parnell on the 15th of May 1882, nine days after the Phoenix Park murders. The writer of this letter suggested that his open condemnation of the murders had been a matter of expediency, and that Burke deserved his fate. Parnell at once declared that this was a forgery, but he did nothing more at the time. Other alleged incriminating letters followed. The case of O’Donnell v. Walter, tried before the Lord Chief Justice of England in July 1888, brought matters to a head, and the special commission followed. The proceedings were necessarily of enormous length, and the commissioners did not report until the 13th of February 1890, but the question of the letters was decided just twelve months earlier, Richard Pigott, who shot himself at Madrid, having confessed to the forgeries. A few days later, on the 8th of March 1889, Parnell was entertained at dinner by the Eighty Club, Lords Spencer and Rosebery being present; and he was well received on English platforms when he chose to appear. Yet the special commission shed a flood of light on the agrarian and Nationalist movement in Ireland. Eight members of parliament were pronounced by name to have conspired for the total political separation of the two islands. The whole party were proved to have disseminated newspapers tending to incite to sedition and the commission of crime, to have abstained from denouncing the system of intimidation, and to have compensated persons injured in committing crime. (See [Parnell].)
The conduct of the agrarian war had in the meantime almost passed from Parnell’s hands. The “plan of campaign” was not his work, still less its latest and most remarkable exploit. To punish Mr Smith-Barry (afterwards New Tipperary. Lord Barrymore) for his exertions in favour of a brother landlord, his tenants in Tipperary were ordered to give up their holdings. A sum of £50,000 was collected to build “New Tipperary,” and the fine shops and flourishing concerns in the town were deserted to avoid paying small ground-rents. The same course was pursued with the farmers, some of whom had large capitals invested. Mr William O’Brien presided at the inaugural dinner on the 12th of April, and some English M.P.’s were present, but his chief supporter throughout was Father Humphreys. Parnell was invited, but neither came nor answered. No shopkeeper nor farmer had any quarrel with his landlord. “Heretofore,” a tenant wrote in The Times in the following December, “people were boycotted for taking farms; I am boycotted for not giving up mine, which I have held for twenty-five years. A neighbour of mine, an Englishman, is undergoing the same treatment, and we alone. We are the only Protestant tenants on the Cashel estate. The remainder of the tenants, about thirty, are clearing everything off their land, and say they will allow themselves to be evicted.” In the end the attack on Mr Smith-Barry completely failed, and he took back his misguided tenants. But the town of Tipperary has not recovered its old prosperity.
The principal Irish measure passed in 1891 was Mr Balfour’s Purchase Act, to extend and modify the operation of the Ashbourne acts. £30,000,000 were provided to convert tenants into proprietors, the instalments paid being Land purchase. again available, so that all the tenanted land in Ireland might ultimately be passed through if desired. The land itself in one shape or another formed the security, and guaranteed stock was issued which the holder might exchange for consols. The 40th clause of the Land Act of 1896 greatly stimulated the creation of occupying owners in the case of over-incumbered estates, but solvent landlords were not in a hurry to sell. The interests of the tenant were so carefully guarded that the prices obtainable were ruinous to the vendor unless he had other resources. The security of the treasury was also so jealously scrutinized that even the price which the tenant might be willing to pay was often disallowed. Thus the Land Commission really fixed the price of all property, and the last vestige of free contract was obliterated. Compulsory purchase became a popular cry, especially in Ulster. Owners, however, could not with any pretence of justice be forced to sell at ruinous prices, nor tenants be forced to give more than they thought fair. If the state, for purposes of its own, insisted upon expropriating all landlords, it was bound to find the difference, or to enter upon a course of undisguised confiscation. The Purchase Act was not the only one relied on by Mr Balfour. The Light Railways Act, passed by him in 1890, did much to open up some of the poorest parts of the west, and the temporary scarcity of that year was dealt with by relief works.