The National League remained quiescent, while Mr. Gladstone was making another surrender, and endeavouring to carry Home Rule through Parliament. Upon the rejection of the measure of 1886, its activity was renewed; and it found considerable support from the American Fenians, who, from first to last, had been its chief paymasters. I have referred to the Convention at Chicago graced by Parnell’s envoys, and to the wild boast that the English ‘government of Ireland was to be made impossible;’ the treasonable aspect of the conspiracy became at once manifest. The League was assisted by another season of distress, from 1886 to 1888; the number of its adherents greatly increased; it began, like its predecessor, to defy the authority of the State. I have already dealt with this movement on its political side; I shall not repeat what I have already written: how the League endeavoured to stir up disorder in Ireland; how it declared open war against the Castle; how it tried to terrorise the ministers of the law; how it made ‘boycotting’ more effective than it had ever been; how, if responsible for many grave deeds of blood, it mainly relied on this malign influence, which tortured hundreds of victims in many districts, and was fitly compared to ‘the pestilence that walks in darkness;’ how Mr. Gladstone and the Opposition, to the disgrace of both, gave the conspiracy their support and excused its crimes; and how it was ere long put down by Mr. Balfour strongly seconded by Rome. But I must say a word on the agrarian side of the movement; for this illustrated the increased ingenuity of the League. Some of its leaders issued a mandate against the payment of rent, except upon reductions to an enormous extent; should the landlords refuse, the tenants, on every estate, were to lodge their rents into what was called the ‘War chest,’ a common fund to be held in trust; the object of this being to prevent the secret payment of rent, which had repeatedly, we have seen, taken place, and to put a stop to ‘defection from the cause.’ The ‘Plan of Campaign’ as was its name, was thus ushered on; it was a criminal plot of the very basest kind; but though it proved successful in some instances, and it caused much agrarian disorder and crime, it was, on the whole, a comparative failure. The peasantry, close-fisted and shrewd, distrusted the so-called ‘trustees of the War chest;’ they generally declined to put their money in it; the ‘Plan’ was only carried out on few estates, though it compelled many landlords to make reductions of rent; it is remarkable that Parnell did not approve of the swindle. Long, however, before the defeat of the League, there had been a thousand instances of agrarian crime: five thousand miserable beings had been ‘boycotted,’ in many cases with frightful results; a thousand had been placed under the protection of the police. As had happened during the régime of the Land League, these victims were nearly all of the humble classes.
In 1887 another change was made in the Irish land system, essentially a development of the Land Act of 1881. That measure, I have said, applied to tenants at will only, that is, liable to be dispossessed by a notice to quit; it did not apply to tenants under leasehold tenures. A sharp distinction, therefore, was drawn between the two classes; a farmer, with land on one side of a ditch, could secure the advantages of the ‘Three F’s;’ his neighbour, on the other side, could not; the distinction was so palpably harsh, that many landlords in Ireland saw its injustice, and enabled leasehold tenants to obtain the benefits of the law. An Act, prepared by Lord Salisbury’s Government, brought ordinary Irish leaseholders within the Land Act of 1881; these were given a right to have ‘fair rents’ fixed, and ‘fixity of tenure’ and ‘free sale’ under certain conditions. The Act of 1887, also, empowered the Courts to set aside perpetual leases unfairly obtained; and it relaxed the restrictions of the Act of 1881 with respect to subletting and subdivision, and the exclusion of ‘town parks.’ It improved, moreover, the law of ejectment, facilitating the vindication of the rights of the landlord; and—a strange provision—it enabled a middleman, in certain events, to creep out of his contract, and to free himself from the rent due to his superior landlord. In consequence of the fall of prices that had lately occurred, and the depression of agriculture that had been the result, the Act, too, reduced, for a short period of time, ‘fair rents’ that had been already fixed; and it contained other enactments wholly in the interest of the occupier of the Irish soil. Regarded as a whole, something was to be said for the measure, on the principles of the legislation of 1881; but the liberation of the middleman from the payment of a debt has been attended with grave wrong, and was an ominous precedent leading to others of the kind. The new law was, of course, another inroad on the rights of the Irish landlord, another innovation made against his interests; it has certainly strengthened his claim to compensation for the loss of his property, acknowledged by Mr. Gladstone to be unquestionable, should it be reasonably made out. For the rest, the National League made a boast that the Act had been wrung by its efforts from a foreign Parliament; the Act certainly, like that of 1881, was a concession, derogating from the rights of a powerless class, in the hope of weakening a conspiracy against the State, by detaching from it large classes supported by it, and handing over to these what had belonged to the Irish landed gentry.[82]
The Land Act of 1887, it has been alleged, was the principal cause that disorder in Ireland was suppressed, and that comparative peace was restored. The measure may have had effects in this direction; but these assuredly were not great; the number of leaseholders was not large; the reductions made in ‘fair rents’ were temporary and small. In truth, as agrarian war, stirred up by the Land League, did not diminish when the Act of 1881 was passed, but was brought to an end by what is called coercion, the agrarian war, stirred up by the National League, was quelled, not by the Act of 1887, but by resolute government, assisted by a repressive measure infinitely less stringent than that of 1882, and, in some degree, I have said, by Rome. It is worse than unwise to ignore plain facts; grave outbreaks of disorder and crime in Ireland can only be put down by severe means, and invariably have been put down by these; that ‘force is no remedy’ is mere false sentiment. The violence, nay, the power, of the National League decreased rapidly and greatly after about 1889; the conspiracy seemed well-nigh to have dwindled away. This was partly because Parnell, negotiating with Mr. Gladstone, in the hope of obtaining Home Rule, discouraged agitation of every kind in Ireland, and in order to hoodwink the English people, and to bring about the ‘Union of Hearts,’ represented, with his followers, that Ireland was at perfect peace, and only awaited ‘self-government’ to be completely happy. But infinitely the most potent reason was that the fall of Parnell almost broke up the League; his creatures split into angry factions, exasperated against each other by furious discord; as the result the organisation of the League was shattered; the peasantry and the Catholic priesthood fell away from it. At the same time the Fenians in the United States, much its best supporters, withdrew the subsidies they had hitherto lavished; the League became penniless and almost powerless. By 1895 the conspiracy showed scarcely a sign of life; agrarian crime had sunk to a very low ebb; there was no sign of a movement against the payment of rent; order prevailed, it may be said, throughout the community. The conspiracy, nevertheless, was not dead; its leaders, if quiescent, had not disappeared; well-informed observers knew that the end had not come. I have described in another chapter, by what means, and through what conditions, it revived gradually under Lord Salisbury’s third Government, and acquired strength that may be on the increase; it is not yet formidable, in any real sense, and its leaders are not to be named with Parnell; it is not receiving funds as yet from America; but the United Irish League is its true successor; and this commands eighty votes in the House of Commons. Time only can show if a period of agrarian strife and crime may not be about to open again for Ireland; it is foolish optimism to assert that this is impossible, or to contend that the agrarian legislation of the last twenty years, as regards the Irish land, will necessarily, or even probably, produce this fortunate result.
In 1891 another change was effected in Irish landed relations, as usual in the interest of the tenant, and against his landlord. Middleman tenures had well-nigh been extinguished; but some hundreds, probably, were still to be found; and as a middleman, through the legislation of 1887, was enabled to repudiate his contract, in certain cases, and to escape the payment of rent to his superior landlord, he was now to obtain an advantage in other instances. The large majority of this class of intermediate owners, originally created in the eighteenth century, held, at least, in present times, by perpetual leases, which had long ago, as a rule, been converted into estates in fee farm, that is, estates in fee, subject to a perpetual rent; Parliament passed an Act in 1891, enlarged and amended five years afterwards, declaring that, in cases in which tenants of this kind were ‘in bonâ fide occupation’ of lands, under rents which, in the judgment of the Land Commission, should be ‘a full agricultural rent,’ they might either agree with their landlords to redeem the rent at a price to be determined by that tribunal, or, should the landlords refuse their consent, might have ‘fair rents’ fixed as in the instance of common farming tenants.[83] The application of this law could not extend far, for tenants of this description were very few; but it asserted a strange, and, I think, a most vicious principle. The Act practically forced a superior landlord, often a poor man, either to accept a price assessed by a Court over which he had no control, in lieu of a rent, in all probability reasonably well secured, or, as an alternative, to submit to have a ‘fair rent’ fixed on the land, the rent to be discharged from improvements made by the tenant. If, therefore, a tenant of this kind had built, say, a valuable house, on his holding, which would thus largely add to the security for the rent, this—at least, so it is generally believed—was not to be taken into account in fixing ‘the fair rent;’ and this principle, it may confidently be predicted, will be extended further. Should a tenant, at a ‘fair rent,’ in this predicament, be evicted for the failure to pay the rent, a law, in all human probability, will be made, to obtain for him compensation, under the Act of 1870, from the benefits of which he would be, as affairs stand, excluded. The result might be that if, as would often happen, the improvements he had made were of great value—his interest, in the land, being a perpetual interest—the sum the landlord would be adjudged to pay, might swallow up the whole value of the rent, and practically confiscate his whole property.[84]
In 1896 another inroad was made on the rights of Irish landlords, and another dole given to the tenant class in Ireland; the descent to Avernus had proved easy; a Conservative Government had followed it since 1887. This fresh legislation was mainly in the interest of the Presbyterian farmers of Ulster, who had supported the Union almost to a man, and possessed no little political weight; but who, always separated more or less from their landlords, had shown dissatisfaction with the fixing of ‘fair rents,’ and had begun to cry out for what is called ‘the compulsory purchase’ of the estates of their landlords, a policy on which I shall comment afterwards. The Bill contained just and well-devised provisions; it improved the procedure for fixing ‘fair rents,’ if not nearly as thoroughly as it ought to have done; it protected the leases creating ‘fixity,’ under the new tenure—Mr. Gladstone, flying in the face of the ablest lawyers, had passionately declared that these were sacrosanct—in instances in which these might have been annulled; it proposed, what I had always considered right, that old arrears of rent ought not to be allowed to hang over the heads of tenants, and that rent could not be recovered on eviction, if due for upward of two years.[85] But the Bill abounded in principles dangerous and false; it was, taken as a whole, a mischievous measure; it was another mine sprung upon the Irish landed gentry. Lands hitherto excluded from the benefits of the ‘Three F’s,’ under the Acts of 1881 and 1887—that is, demesnes, town parks, residential, and pastoral holdings—were largely brought within the scope of the Bill, that is, they were made subject to ‘fair rents,’ and, if held by tenants, were practically taken away from the landlords; the provisions of the Bill, as to demesnes, were especially harsh; many a mansion and demesne, which might happen to be let, would really become the property of the tenant, the owner being put off with a rent-charge. The worst proposals of this measure, however, were those relating to improvements made by tenants, exempted from rent, we have seen, by the Act of 1881. The Courts of Justice in Ireland had rightly declared with one voice, that improvements of this kind were not to be discharged from rent, unless they were the improvements treated by the Act of 1870, that is, rents might be charged on tenants’ improvements, if these did not fall within the definition laid down by that law, or if they were outside the limitations it had imposed, in order to shut out obsolete and unjust claims, which might harass and do grievous wrong to landlords. All this was completely changed by the new measure; the definition of improvements was wholly altered, in order to secure their being exempted from rent; the restrictions in point of time, and many other matters, as regards claims for improvements, were largely swept away, and the power of ‘contracting out’ of such claims was still further abridged. The whole law, in a word, as to tenants’ improvements, as these were to create exemption from rent, was placed on altogether a new basis; this was detrimental in every respect to the landlord, and gave advantages to the tenant, in my judgment, utterly unjust.[86]
The Bill contained other provisions, all in the same direction, that is, for the advantage of the Irish tenant, and to his landlord’s loss, especially one relaxing the law as to the subdivision and subletting of farms, an inveterate and very pernicious practice. It introduced, also, a new principle, on which I shall say some words afterwards, with respect to another experiment on the Irish land, that is, what is called Land Purchase, under conditions, not thought of before, until they were laid down by a Conservative Government. The measure was hustled through the House of Commons with such indecorous haste, that Sir Edward Carson, now a law-officer of the Crown, walked out of that Assembly to express his disgust; it narrowly escaped defeat in the House of Lords, loyal as the Peers to Lord Salisbury are; indeed, though hardly debated, its vices were soon made manifest. It is unnecessary to point out what the general character of the Act is; it enlarged very considerably the sphere of the ‘Three F’s,’ greatly increasing the wrong done to the Irish landlord, by doing away with the restrictions, placed by Mr. Gladstone, in 1870, on illegitimate claims in respect of improvements; its direct tendency was to reduce rents wholesale, and to promote more litigation between landlord and tenant; and if it encouraged tenants to make improvements on their farms, its plain effect, I will not say its purpose, was to ‘improve the Irish landlords out of their estates,’ the contemptuous phrase of a great master of Equity. Its mischief, however, went a great deal further; tenants making improvements are only exempted from rent, in respect of these, by this Act; they are not within the protection of the Act of 1870, if improvements of any kind are excluded by it; if a tenant, therefore, makes an improvement on his farm, which is not ‘suitable’ to it in a real sense, say, builds a mansion upon a petty holding, he will not be entitled to compensation, should he quit it, even though dispossessed for non-payment of his rent. But tenants, in these circumstances, like those I have referred to before, would assuredly proclaim that they had here a great and real grievance; and they would be relieved from it, doubtless, by another law, giving them compensation, perhaps, to their landlord’s ruin. A dangerous principle is thus hidden within the Act; this will probably be asserted against the owners of ground rents, not only in Ireland, but in England and Scotland; and the law, taken as a whole, has strengthened the claim of the Irish landed gentry to be indemnified, as was solemnly promised, for what they have suffered from the legislation begun in 1881.
While the Irish land system was thus being dealt with, on the side of occupation, during many years, experiments were made on it, likewise on the side of ownership. Resenting the legislation that had produced the ‘Three F’s,’ Conservative politicians took it into their heads that Mr. Gladstone had ‘created’ ‘dual ownership,’ as they gave it the name, in Ireland; they insisted that this was simply an intolerable thing. Unfortunately Mr. Gladstone had no more ‘created dual ownership’ than he had created the mountains and lakes of Ireland; he had only developed the joint ownership, which the Irish tenant possessed in his holding, in thousands of instances, if he had developed it under the very worst conditions. This theory, however, at which Burke would have laughed with contempt, and which revealed the incapacity to understand Irish land tenure, ingrained, it would appear, in the English mind, was eagerly taken up and found much support; it was resolved to extend the process of converting tenants in Ireland into owners of their farms, by a method hitherto untried, and unknown in any part of Europe. Under the Church Disestablishment Act, and the Land Acts of 1870 and 1881, the State had advanced money to the occupier of the Irish soil, in order to enable him to acquire his farm; but it had made it incumbent on him to contribute part of the price; the transaction, therefore, was, in a real sense, a purchase. This, the only security for honesty and thrift, was taken away in 1885; Parliament passed an Act enabling the Irish tenant to become owner of his holding without paying down a shilling; the State was to advance the whole price; and the State was to be repaid by a terminable annuity, charged on the land, and extinguished at the end of less than half a century. This terminable annuity was to be much less than a true rent, or even than a ‘fair rent’ adjusted by the State; the transaction, therefore, was not a purchase, but a gift, akin to a bribe, another largess bestowed on the tenant class in Ireland, and another injury, as I shall prove, inflicted on the Irish landed gentry. This ‘Land Purchase,’ as it was falsely called, was to be voluntary on the part of landlord and tenant; it was to be conducted on the footing of free contract, as had been the case under the preceding statutes; the State was to obtain a guarantee from the landlord; and Parliament voted £5,000,000 to carry out this policy.
Exactly as had happened in the case of the Encumbered Estates Act, this scheme of ‘Land Purchase’ was pronounced successful; some scores of landlords sold land, some hundreds of tenants bought it; the real nature of the proceeding and its inevitable results were ignored; it was even boasted that ‘dual ownership’ would be got rid of, nay, that the Irish Land Question was being finally ‘settled.’ But when the first sum of £5,000,000 had been expended, and Parliament was asked to vote a second sum, it began to hesitate as to this dealing with the Irish land; the British taxpayer demurred and growled; with a true instinct he disliked the security; it was found very difficult to procure the funds required, large as the majority was of Lord Salisbury’s Government. His Ministry, however, adhered to the new policy; and Parliament enacted a measure in 1891, which I have always thought unconstitutional in the highest degree, not to speak of the evils it was certain to produce. By this Act a sum of about £30,000,000 was made forthcoming to facilitate ‘Land Purchase,’ to abolish ‘dual ownership,’ and to change Irish tenants into owners of land; this sum was to be secured by the methods before referred to, that is, by terminable annuities less than any equitable rent, and by guarantees on the part of selling landlords; but, furthermore, a whole series of funds, devoted to Ireland, for Irish purposes, and absolutely essential to her most important needs, were appropriated to make good any default on the part of ‘purchasing’ tenants, in the payment of annuities charged on their farms; and even the Irish counties were rendered liable in the last resort. Should, therefore, tenants in Ireland, who had acquired the ownership of their farms, refuse to pay those annuities on any pretence, say, through an appeal made by a Land League conspiracy—the manifesto against all rent cannot be forgotten—this extraordinary spectacle would then be seen: the State would have a right to seize upon the grants made for National schools and lunatic asylums throughout Ireland; these institutions would be shut up; children and madmen would be let loose through the country; and the owner of an Irish estate would have to pay for the dishonesty perhaps of his former tenants. The late Lord Randolph Churchill severely condemned this scheme; I agree with him it was utterly unjust, and but too characteristic of the contempt of the rights of Ireland, unhappily often displayed by British statesmen.
Only a sum, it will be observed, of about £40,000,000, that is, two of £5,000,000, and some £30,000,000 more, has thus been made available for ‘Land Purchase;’ this obviously could not transfer even a fourth part of the Irish land, valued, we have seen, by Mr. Gladstone at £300,000,000—in a remarkable speech in reply to Lord George Hamilton—and almost certainly worth from £150,000,000 to £200,000,000. The process of doing away with ‘dual ownership’ and making tenants in Ireland owners of their farms, having been pronounced by its authors slow, the Act of 1896, referred to before, enabled the landlord’s guarantee to be dispensed with, and provided that, in the case of hopelessly embarrassed landlords, whose estates were being offered for sale in the Courts, the tenants should virtually have a right of pre-emption, thus asserting a principle, on which I shall dwell afterwards, and known as the ‘Compulsory Purchase’ of the Irish land. I shall point out, in another chapter, the present and the inevitable future results of this policy of so-styled ‘Land Purchase;’ suffice it to say here, that, in my judgment, it betrays utter ignorance of the Irish land system, and of the customs and inclinations of the Irish peasant; that it proceeds on an essentially immoral principle, the bribery of a class to promote its welfare; that, from the very nature of the case, it cannot abolish ‘dual ownership;’ that, human creatures being what they are, it cannot, as is being already proved, establish a thriving body of occupying owners on the Irish soil; that it must create sharp and unjust distinctions in Irish land tenure, iniquitous to the landlord and to every tenant, who may be excluded from its benefits; that it must directly tend, as it is even now tending, to arouse a cry for a wholesale confiscation of Irish estates, the most shameful and wrongful Ireland has yet witnessed; and that so far from settling the Irish Land Question, it must necessarily unsettle it from top to bottom. As respects the legislation I have briefly described, on the side of the occupation of the Irish land—by many degrees the most important—I shall also comment upon its results in a subsequent chapter, after examining its administration by the tribunal it has set up. But a word may be said, in this place, on its essential character: from 1881 to the present time, it is absolutely without a precedent in civilised lands; it has trampled on economic science and the truths it teaches, as, indeed, its chief author made his boast; it has created a mode of land tenure in Ireland not in accord with fact, which has virtually deprived the Irish landlord of real ownership in his estate, has turned him into a kind of annuitant, and has virtually changed the Irish tenant into a kind of owner, but under conditions absolutely bad; its inevitable tendency was to cut down rents wholesale, without regard to the simplest justice; it established a system of mischievous litigation between landlord and tenant, demoralising and increasing the division of classes; it exhibited, on an enormous scale, characteristic contempt of Irish rights of property; and finally, if Parliamentary pledges are to be fulfilled, and gross wrong is not to be consecrated by law, it has given the Irish landlord a great and legitimate claim to compensation from the State. As we survey this unwise and destructive medley of law, we are forcibly reminded of the words of Burke:—‘I am unalterably persuaded that the attempt to oppress, degrade, impoverish, confiscate, and extinguish the original gentlemen, and landed property of a whole nation, cannot be justified under any form it may assume.’[87]