The Act of 1871 partly remedied the evil. Trade Unions, if there were nothing criminal in their expressed objects, were allowed to be registered, and could then enjoy the rights over their funds which were possessed by Friendly Societies. But they were given absolute freedom in their internal organization, and no action at law could be brought against them. These changes in
the law were unfortunately almost nullified by a Criminal Law Amendment Act which practically gave statutory force to many of the recent legal decisions. Strikes were made legal, but everything done in pursuance of a strike was illegal, and working men and women were frequently imprisoned after 1871 for the most trivial acts, even while the serious boycotting of workpeople by employers was freely permitted. It is a great blot on the reputation of the Government, still dominated by the middle class and its dislike of combination, that it refused to complete the work which it had begun, and to enable Trade Unions not only to exist, but to work. At the General Election of 1874 two workmen, Alexander Macdonald and Thomas Burt, were actually elected to the House of Commons, and the roused feeling of the Unionists gained its object. The Conservative Home Secretary repealed the disabling Act, peaceful picketing was legalized, and workmen in combination were no longer punishable except for acts which were criminal if committed by single individuals. The strength gained by the Unions in this brief campaign finally established them in the industrial and political life of the country. The political reforms did not directly improve the condition of the working classes. But many, if not all, the improvements which subsequently took place, were only possible in the state of real freedom which the Acts of 1871 and 1874 had established.
One attempt to interfere with the absolute liberty of the individual failed. This was the Licensing Bill of 1871, which proposed to reduce the number of public-houses in the country. The departure from the old line was very marked. There had never been absolute freedom of trade in strong drink. From the earliest years alehouses had been licensed and supervised by magistrates. But their numbers in all parts of the country were more than was required for any reasonable consumption by the population. In Liverpool a disastrous experiment had been tried. Licences had been granted to every person of good character who chose to apply, on the assumption that unrestricted competition would lead to good management and the extinction of the worst class of house by competition. A principle which was abundantly
successful in the cotton industry proved a helpless failure in the drink trade. There was no unhealthy demand for cotton goods. It did not depend on a natural instinct which might be increased by supply beyond the needs of health. To multiply drink-shops was to multiply, for many of the people who dealt with them, the temptations to demoralizing excess of consumption. The Liverpool experiment showed the folly of laissez faire in a matter of this sort. The Licensing Bill of 1871 expressed the opposite policy. It proposed to reduce the number of houses in each district to that which the justices thought was enough for its legitimate needs. The licences, though generally renewed, were granted for one year only. For ten years they were to be continued, subject to a small annual payment by the licensees. After the expiration of that period the justices were to fix the number for the district, and, in virtue of the artificial monopoly which the licences conferred, were to distribute them among such respectable persons as offered the highest prices. These proposals were as vigorous an interference with individual liberty as was consistent with existing rights. The holders of licences had no legal right to more than a year's profits from their licences. Custom had given them an expectancy of indefinite length. The public interest required that their numbers should be reduced. Reduction was therefore proposed, but after a substantial delay. The scheme was just in principle and generous in practice. But the extreme advocates of temperance legislation objected to its generosity, and the brewers and licensed victuallers objected to its justice. The Home Secretary, Mr. Bruce, was not strong enough to carry it. It was abandoned soon after its introduction, and a priceless opportunity of at once improving the conditions of town life and of subduing a powerful trade interest to the public was lost for ever.
The most difficult of the Ministry's problems was the Irish problem, and the most novel of its proposals were its Irish proposals. Judged by the degree of their success, these measures were perhaps not very important. At least, they did not settle the affairs of Ireland. But their spirit was of the greatest possible
significance. This Liberal Government was the first English Government which ever set itself to legislate for Ireland according to Irish ideas, to recognize the essential differences between the two countries, to establish in Ireland what it would not maintain in England, and to destroy in Ireland those English institutions which had been erected by the egoism of its predecessors. The existing system was recognized as hopeless. In February, 1868, the Tory Government suspended the Habeas Corpus Act for the fourth time in two years. Fenianism was checked, but the disease of which it was a symptom was not cured. The Liberals endeavoured to go to the root of the matter. The maintenance of order was only a condition of further action, and the only possible further action was the redress of grievances.
The case of Ireland had for a long time caused anxiety to Liberal thinkers. In 1835 Cobden had contrasted England's readiness to sympathize with Poland and Greece with her complete indifference to the claims of Ireland. "Whilst our diplomatists, fleets, and armies have been put in motion at enormous cost, to carry our counsel, or, if needful, our arms, to the assistance of the people of these remote regions, it is an unquestionable fact, that the population of a great portion of our own Empire has, at the same time, presented a grosser spectacle of moral and physical debasement than is to be met with in the whole civilized world."[[293]] Disraeli in 1844 declared that it was the duty of an English Minister "To effect by his policy all those changes which a revolution would accomplish by force."[[294]] In 1847 Bright pointed to the root cause: "There is an unanimous admission now that the misfortunes of Ireland are connected with the question of the management of the land."[[295]] The rejection of Peel's Bill of 1845 has already been noticed. The only measure passed for the relief of Irish tenants since that date was the Encumbered Estates Act of 1849. This had provided State assistance for the sale of hopelessly mortgaged estates. Its chief result had been to substitute for a thriftless but easy-going gentry
a company of grasping absentees, who rack-rented their tenants without mercy, where their predecessors had at any rate let them alone. The state of the Irish peasantry, even though the pressure of population had been greatly reduced by famine and emigration, was substantially worse in 1868 than it had been in 1845. The violence of Fenianism, murder and armed rescue at Manchester, and gunpowder plot at Clerkenwell, at last drew attention to a state of affairs in which there was nothing new except the degree of its badness.
Before the Liberals dealt with the land question, they turned their attention to the other great Irish grievance, the establishment of an alien Church. This was one of those matters of sentiment which, between conquering and conquered peoples, produce the most deadly and incurable animosities. The Irish Church had been established for the express purpose of prosecuting the English cause. It embodied and symbolized the alien domination. It perpetuated the memories of a thousand massacres and confiscations. In the language of John Bright, it was "a garrison Church ... the effect has been to make Catholicism in Ireland not only a faith, but absolutely a patriotism." Every clergyman "is necessarily in his district a symbol of the supremacy of the few and of the subjection of the many."[[296]] In its presence every Catholic Irishman felt himself a member of a conquered race, and every economic grievance was exaggerated. To invest the alien Church with the privileges of Establishment was to rub salt into the wounds of Ireland.
The Tories resisted the Liberal Bill partly on proprietary grounds. They treated a corporation, created for the propagation of certain opinions, a task in which it had conspicuously failed, as if it were a private person, and denounced disendowment as robbery. The Liberals contended that the State had endowed the Church, and that on the failure of the Church to provide for the spiritual needs of the Irish people, it was fair that the State should resume part of the property and apply it for other purposes. But the details of disendowment are hardly material. The