Ireland Under Coercion: The Diary of an American (1 of 2) / (2nd ed.) (1888)

by William Henry Hurlbert

“My doctrine about land has been made clear in speeches, in reports of interviews, and in published articles, and I repeat it here. I have taught, and I shall continue to teach in speeches and writings, as long as I live, that land is rightfully the property of the people in common, and that private ownership of land is against natural justice, no matter by what civil or ecclesiastical laws it may be sanctioned; and I would bring about instantly, if I could, such change of laws all over the world as would confiscate private property in land without one penny of compensation to the miscalled owners.”

There is no shuffling here. With logical precision Dr. M‘Glynn strips Mr. George’s doctrine of its technical disguise as a form of taxation, and presents it to the world as a simple Confiscation of Rents. Many acute critics of Progress and Poverty have failed to see that when Mr. George calls upon the State to take over to itself, and to its own uses, the whole annual rental value of the bare land of a country, the land, that is, irrespectively of improvements put upon it by man, he proposes not “a single tax upon land” at all, but an actual confiscation of the rental of the land—which for practical purposes is the land—to the uses of the State, without a levy, and without compensation to “the miscalled owners.”

When a tax is levied, the need by the State levying it of a certain sum of money must first be ascertained by competent authority, legislative or executive, as the case may be, and the law-making power must then, according to a prescribed form, enact that to raise such a sum a certain tax shall be levied on designated property or occupations. If the exigencies of the State are held to require it, a tax may be levied upon property of more than its value, as in the case, for example, of the customs duty which was imposed in one of our “tariff revisions” upon plate glass imported into the United States by way of “protecting” a single plate-glass factory then existing in the United States. This was an abominable abuse of a constitutional power, but it was not “confiscation.” What Henry George proposes is confiscation, as Dr. M‘Glynn plainly sees and courageously says. What he proposes is that the State shall compel the annual rental value of all land to be paid into the public treasury, without regard to the question whether the State does or does not need such a sum of money. That is confiscation pure and simple, the State, in the assumed interest of the State, proceeding against the private owners of land, or the “miscalled owners,” to use Dr. M‘Glynn’s significant phrase, precisely as under the feudal system the State proceeded against the private property of rebels and traitors. No good reason can be shown why the process should not be applied to personalty and to debts as well as to land.

This was the doctrine indorsed at the polls in New York in November 1886 by 68,000 voters. Nor can there be much doubt that it would have been indorsed by the few thousand more votes needed to defeat Mr. Hewitt, the actual Mayor of New York, and to put Mr. Henry George into the Chief Magistracy of the first city of the New World, had not its teachers and preachers been confronted by the quiet, cool, and determined prelate who met it as plainly as it was put. “Your letter,” said the Archbishop, “has brought the painful intelligence that you decline to go to Rome, and that you have taught, and will continue to teach, the injustice of private ownership of land, no matter by what laws of Church or State it may be sanctioned. In view of such declarations, to permit you to exercise the holy ministry would be manifestly wrong.”

In these few words of the Archbishop of New York, we have plainly affirmed in 1886 the principle underlying the Papal Decree of 1888 against the Plan of Campaign and Boycotting in Ireland. There is no question of parties or of politics in the one case or in the other. When Dr. M‘Glynn talked about the private ownership of land in New York as “against natural justice,” he flung himself not only against the Eighth Commandment and the teachings of the Catholic Church, touching the rights of property, but against the constitutions of the State of New York and of the United States. That “private property shall not be taken for public uses without just compensation” is a fundamental provision of the Constitution of the United States, which is itself a part of the Constitution of every State of the Union; and the right of private ownership in land is defined and protected beyond doubt or cavil in New York under the State Constitution. An Act passed in 1830 provides and declares that all lands within the State “are allodial, so that, subject only to the liability to escheat, the entire and absolute property is vested in the owners according to the nature of their respective estates.”

By this Act “all feudal tenures of every description, with all their incidents,” were “abolished.” Most of the “feudal incidents” of the socage tenure had been previously abolished by an Act passed in 1787, under the first Constitution of the State, adopted at Kingston in 1777, a year after the Declaration of American Independence; and socage tenure by fixed and determinate service, not military or variable by the lord at his will, had been adopted long before by an Act of the first Assembly of the Province of New York held in 1691 under the first Royal Governor, after the reconquest of the province from Holland, and in the reign of William and Mary. This Act provided that all lands should “be held in free and common socage according to the tenure of East Greenwich in England.” It is an interesting circumstance that the right of private ownership in land, thus rooted in our history, should have been defended against a threatening revolutionary movement in New York by the courage and loyalty to the Constitution of his country as well as to his Church of a Catholic Archbishop. For this same Assembly of the Province of New York in 1693, in an Act “to maintain Protestant ministers and churches,” enacted that “every Jesuit and popish priest” found in the Province after a certain day named, should be put into “perpetual imprisonment,” with the proviso that if he escaped and was retaken he should suffer death. And even in the Constitution of 1777 the Protestantism of New York expressed its hostility to the Catholic Church by exacting subjection “in all matters ecclesiastical as well as civil.”

The position of the Archbishop, both as a churchman and as a citizen, was impregnable. When Dr. M‘Glynn advocated the plan of Henry George, he advocated at one and the same time the immoral seizure and confiscation of the whole income of many persons within the protection of the Constitution of New York, and the overthrow of the Constitution of that State and of the United States. It may be within the competency of the British Parliament to enact such a confiscation of rent without a revolution, there being not only no allodial tenure of land in Great Britain, but, it would appear, no limit to the power of a British Parliament over the lives, liberties, and property of British subjects, but the will of its members. But it is not within the competency of the Congress of the United States, or of the Assembly of New York, to do such a thing, the powers of these bodies being controlled and denned by written Constitutions, which can only be altered or amended in a prescribed manner and through prescribed and elaborate forms.

VII.

By the middle of October 1886 it became clear that Mr. George, whose candidacy had at first been regarded with indifference by the party managers, both Democratic and Republican, in New York, would command a vote certainly larger than that of one of these parties, and possibly larger than that of either of them. To put him at the head of a poll of three parties would elect him. This was so apparent that he and his friends, including Dr. M‘Glynn and Mr. Davitt, were warranted in expecting a victory.

It was hardly therefore by a mere coincidence that this precise time was selected for opening the war in Ireland against Rent. It is quite possible that if Mr. Dillon and his Parliamentary friends had been in less of a hurry to open this war before the return of Mr. Davitt from America, it might have been opened in a manner less “politically stupid,” if not less “morally wrong.” But, of course, if Mr. Henry George had been elected Mayor of New York, as he came so near to being in November 1886, and Mr. Davitt had returned to Ireland with the prestige of contributing to place him in the municipal chair of the most important city in the New World, Mr. Dillon and his Parliamentary friends would pro bably have found it necessary to accept a much less conspicuous part in the conduct of the campaign.