Present Irish Questions

by William O'Connor Morris

In order to understand the subject, I must glance at the system of Irish local government, as this existed until, as it were, yesterday; I turn, in the first instance, to Irish county government. The beginnings of this scheme have been traced back to the time of Strafford; but it was not finally established until the reign of William III., when the subjugation of Ireland had been made complete. The Irish grand juries always had criminal jurisdiction in their countries like their English fellows; but unlike these they were now entrusted with almost absolute control over Irish county government. This was partly because they were representatives of the conquering race, by this time the owners of nine-tenths of the lands of the country; and partly because there was no local organisation in Ireland, like the English parish, which could give local influence to the conquered race. The grand juries were always composed of the leading landed gentry of their respective counties; they were nominated by the sheriffs, that is, by officials of the Central Government; they were wholly devoid of a popular element; and as no Catholic could have a share in their councils, until nearly the end of the eighteenth century, they embodied, in the fullest sense, the Protestant ascendency of the day, supreme in every sphere of authority in the State. The grand juries had almost the exclusive power of administering the local affairs of their counties, of managing their roads, public buildings, and police; and they levied the charges for these by a local rate, known as the county cess to this hour, and imposed almost wholly on the occupiers of the soil, that is, in five cases out of six on the Catholic peasantry, a striking instance of taxation without representation to check it. These assemblies of local magnates met twice a year at the assizes which were held in their counties. Miss Edgeworth has given us graphic accounts of them: how a seat on a grand jury was deemed a prize to be sometimes fought for; how the grand juries entertained the judges in state, and vied with these sages in their mighty potations; and how, while wretches were hanged and jurymen dined, the assize towns were scenes of not fastidious revelry. There was much jobbing, corruption, and waste in the administration of the counties in those days; much of the ‘scratch me, and I will scratch you;’ much ‘give and take’ at the cost of the ratepayers. But there was another and better side to the picture: the Irish gentry of the time had the faculty of command; they ruled their districts efficiently with their police; the public works for which they were responsible were usually good. Arthur Young has especially noticed that the roads they constructed were almost always well laid out and kept up.

Catholics were not admitted on grand juries until the great Relief Act of 1793, the first general relaxation of the execrable penal code. But the Catholic members of these bodies have always been few; the large majority of the Irish landlords remains still Protestant. The bureaucracy of the Castle, after the Union, began to encroach on the domain of the grand juries; at the same time the growing needs of the country made the expenditure on local affairs much larger. The grand juries lost much of their authority by degrees; they were more and more controlled by the Central Government, which supplanted them in a variety of ways; and they were ere long compelled to vote sums for public works of different kinds for the behoof of their counties. This change effectually checked corruption and jobbing; but as the requirements of the counties increased, and the ‘imperative presentments,’ as they were called, were augmented, the charge of the local rate or county cess became more onerous—it has advanced enormously in the last sixty years; and this was still mainly imposed on the Catholic peasantry. The civil or fiscal administration, which the grand juries possessed until 1898, was finally arranged by an Act of Parliament passed in 1836,[179] supplemented, from time to time, by subsequent statutes. These bodies were composed of the same elements, and nominated by the sheriffs as before; and they had a general supervision over all the public works, roads, bridges, and buildings for public purposes, comprised within their different counties, including within these areas nearly all villages, and the large majority of the lesser towns. But they were made strictly dependent on the Central Government; this had the appointment of their chief officers; their accounts were subjected to a regular audit; and their ‘imperative presentments’ were largely extended. They acquired, too, an additional jurisdiction in some respects, especially as regards inquiries into criminal injuries and compensating persons who had been sufferers, and as regards voting an extra police force in disturbed districts; but their old local police had disappeared, and had been replaced by the great central constabulary force. A change, too, was effected in the modes through which local rates were voted in the counties for public purposes. These sums were ‘presented’ in the first instance at ‘baronial’ and ‘county at large’ sessions, held by county justices and ratepayers of substance; but these bodies were subordinate to the grand juries, and to a considerable extent drawn from the same classes; no popular element was infused in county government, and the grand juries were, in the last resort, supreme, within the limits which had been assigned to them. The local expenditure voted and assessed in this way was subject to examination by a judge of assize, who ‘fiated’ it, as a general rule; and ratepayers had a right to challenge it, by a procedure called ‘a traverse,’ which, however, was seldom turned to account.

The Irish grand juries were thus oligarchic bodies, survivals of the Protestant ascendency of a bygone age, and with a tendency, in their later history, to become subordinate boards of the Castle. I pass on to the Irish poor law system, another considerable department of Irish local government. As we have seen, unlike what had been the case in England, no poor law existed in Ireland until 1838; the want of such a measure was one of the causes of the pressure of a huge mass of indigence on the soil before the catastrophe of 1845-47. The Irish poor law, with some marked distinctions, was analogous to the new English poor law, as it has long been called; it has now been in operation for about sixty years. The country was divided into a series of unions, which have varied from 130 to 163 in number; at present there are 159 of these; these were the principal units for carrying the poor law system into effect. The unions were again subdivided into lesser districts, electoral divisions for the county, wards for the larger towns; the persons chosen to administer the poor law were taken from these areas; and the unions and all that pertained to them were placed under the control of the Central Government, represented by the Local Government Board of Ireland. The persons returned from the electoral divisions and the wards were selected by the votes of the ratepayers, and were known as the elected guardians; a popular element was thus introduced into the administration of the law, which had never been introduced into Irish county government. The vote of the ratepayers, however, was cumulative, not single; the largest ratepayers had the most votes, a safeguard, it has been assumed, for property; and the elected guardians, in theory at least, were balanced by an equal number of ex-officio guardians, composed of magistrates within the unions. The chief duties of the elected and the ex-officio guardians, collectively known as Boards of Guardians, were to provide for the wants of the poor, and to assess and levy poor rates for that purpose; but many other duties were gradually imposed on them, the principal of these being the care of the sanitary state of the lesser towns within their districts. There was a marked difference between the incidence of the poor rate and of the county rate, or cess, of the grand juries. The county cess, we have seen, was mainly a charge on the Catholic occupiers of the soil, the poor rate was, to a very considerable extent, a charge on the owners, for the most part Protestants; for the landlord was bound to pay the whole poor rate in the case of the pettiest holdings, and to allow his tenants half the poor rate in the case of other holdings; by these means the burden of at least half the poor rate, it is believed, was borne by the Irish landed gentry. It should be added that the elected guardians have practically had the administration of the poor law in their hands; the ex-officio guardians, especially of late years, took little part in it.[180]

I turn from the administration of local rural affairs in Ireland to that of its chief cities and its towns. The Irish towns, conquered and settled by the Danes, had, perhaps, a kind of municipal government; the Plantagenet kings conferred municipal rights as freely in Ireland as they did in England. Thus Dublin received a charter from John, modelled on that of his ‘liegemen of Bristol;’ Limerick, Waterford, Kilkenny, and several other towns were incorporated and given powers of self-government at different periods of the Middle Ages. But the municipal life and the municipal spirit which grew up and gained strength in the thriving towns of England, and secured for them a large measure of local liberty, had hardly any existence in a land like Ireland, distracted by feudal and tribal anarchy; the corporate cities and towns of Ireland fell into the hands of great Anglo-Norman nobles and Celtic chiefs, and seem to have all but lost their local franchises. During the long agony of the sixteenth century, when Ireland was devastated by a horrible strife of race and faith, these privileges were still further effaced; at the death of Elizabeth the Irish municipal centres, with the exception of the capital, were mere names and shadows. A great change took place when the subjugated land passed under the domination of the first Stuarts. English law was now extended over the whole of Ireland; a colonial caste of settlers was becoming lords of the soil; the Government was conducted by the men at the Castle, ruling through a Parliament largely composed of the new settlers. James I. created forty-six Irish boroughs with a stroke of the pen, and gave them a representation in the Parliament and municipal rights; but these, for the most part, were mere villages; they obtained their large privileges solely in order to support ‘the English interest,’ as it was called, in the Irish House of Commons. This system was continued by the later Stuarts; besides Dublin and the larger towns of Ireland, there were about a hundred of these petty municipalities and parliamentary boroughs in the eighteenth century. These places, however, could have no municipal freedom, and were wholly devoid of municipal feeling; they became nearly all the mere appanages of the neighbouring leading families; and, with hardly an exception, they were extreme types of the Protestant ascendency which prevailed everywhere. Something of the same kind was witnessed in England, under the aristocratic rule of that age, but there was the difference between a sorry caricature and a picture; the great cities and the better towns of England still retained an ample measure of municipal liberty, and, especially, did not lose the municipal spirit; the exact contrary was the case in Ireland.

A large majority of the little Irish boroughs were deprived of their parliamentary representation at the Union, but they retained their nominal municipal rights. They still remained under the control of the chief landed gentry; and they became, as indeed they had always been, centres of maladministration, corruption, and peculation of all kinds. When, after the passing of the great Reform Act of 1832, statesmen directed their minds to the questions of corporate and municipal reform in England, they naturally turned their minds to Ireland also, where this reform was notoriously still more imperative. After the publication of a masterly report in 1834-35, which thoroughly illustrated the whole subject, the abuses in the Irish corporations were shown to be such—they were enormous even in the cities and larger towns—that Peel, the leader of the Opposition, actually gave them up; he proposed to deprive the corporate towns of all municipal rights and franchises, and to place them under the authority of Commissioners appointed by the Crown. This plan, however, was rejected by the Melbourne Government, and was not sanctioned by the House of Commons; after a long and angry controversy, which continued for years, a measure became law as late as 1840; and by this, with the exception of ten, all the corporate towns of Ireland lost their municipal rights, and were thus left without any power of self-government. With respect even to the ten still enfranchised towns, their old privileges were greatly curtailed and were transferred to the Central Government; and their municipal liberties were restricted and narrowed. They retained, indeed, many rights of self-government; but the municipal franchise was placed at a high level; the great body of the townsmen did not possess it; and they were subject to the supervision of the Local Government Board, that is, of the Central Government, to a considerable extent at least. True municipal life, and the municipal sentiment, could not, therefore, become well developed, in the case of towns under such conditions; they showed but few symptoms of the wonderful growth of prosperity and power which has been such a marked feature in the history of the great corporate towns of England, in what may be called the Victorian age, though, no doubt, the cases were widely different—poor Ireland could not, in this respect, compete with wealthy and progressive England. The deficiency of corporate towns in Ireland was felt ere long to be such, that, in 1854, and subsequent years, municipal rights were, in some measure, extended to nearly a hundred of these towns. These places were governed by bodies called Town Commissioners elected by a kind of popular vote; but the authority of these bodies has never been large; the municipal franchise was very high; and these towns were also under the Irish Local Government Board.

Municipal institutions, like others of English origin, had thus, from a variety of causes, when transferred to Ireland, only a stunted, imperfect, and maimed existence. We may briefly glance at the operation of the system of rural and urban local government, of which we have endeavoured to sketch the outlines. Except, perhaps, in the instance of criminal injuries, and of the compensation to be adjudged by them, where they did not always give proof of a judicial spirit, the grand juries, for upwards of two generations, administered county affairs very well; they were economical, prudent, and jealous of expense, if the public buildings they sanctioned were, occasionally, too costly; but the system was an anachronism, and had had its day. In ordinary times the Irish poor law was reasonably well administered by the Boards of Guardians, as well, probably, as was the case in England; they were rather parsimonious in assessing rates, and gave little attention to the sanitary state of their towns, but, on the whole, there was not much cause to complain of them; and the Irish people, it must be recollected, have never liked the poor law. The local administration of the cities and the larger towns of Ireland was worse—a notable exception was seen in Belfast; but these, as a rule, gave proof of the restricted system on which their government had been formed; the results appeared in a high death rate, in bad supplies of water, in crowds of squalid and deserted dwellings—in a word, in stagnation and a want of progress, if other and powerful causes concurred. When the movement conducted by Parnell acquired strength, almost a revolution passed over the seats of Irish local government, where these, except in Ulster, possessed a popular element. Parnell called on the Boards of Guardians, the Corporations, and the Town Commissioners, in places where the ‘people’ had any effective voice, to rally round the Land and the National Leagues; he achieved remarkable success in the three provinces of the south. This was especially made manifest in the Boards of Guardians, composed largely of farmers of substance, and in which the ex-officio guardians had little real power; these bodies set a crusade against the landed gentry on foot; marked them out for plunder in many ways; encouraged ‘boycotting’ and defiance of the law; gave a free rein to rebellious utterances of many kinds; and denounced Irish ‘landlordism’ and British rule in Ireland, as fiercely as they had been denounced at Land and National League gatherings.[181] The same phenomena appeared in many of the corporate and inferior towns: the Corporation of Dublin indulged in anti-British threats and speeches; the Corporation of Limerick refused to pay a lawful tax; the Corporation of Cork proclaimed itself supreme in a ‘rebel’ city; the example was generally followed in the lesser towns of the south; in short, these bodies became centres of sedition, socialism, and resistance to the law, and widely disseminated their pernicious teaching. In fact, they made themselves agencies of the Land and the National Leagues; at the same time, in numerous instances, they set the authority of the Local Government Board at naught.[182]

The system of Irish local government was obviously so defective, so antiquated, so contrary to the spirit of the age, that several attempts, we have seen, were made, long ago, to reform it. It has now been completely transformed on the principles applied to England and Scotland; the occasion of this transformation was somewhat singular. In 1896 considerable relief was given, in England and Scotland, to the landed interest by a subvention made by the State, which defrayed half the charge of the local county rates, the depression of agriculture being so grievous; the justice of this measure was hardly disputed. But the Report of the Childers Commission, declaring that Ireland was greatly overtaxed, and had been for a long series of years, was published about the same time; the Government, probably because it had made up its mind not to countenance the report in any way, refused to extend the same relief to Ireland, although it was as much required—a decision that simply nothing could warrant. The indignation, however, expressed in Ireland, and the remonstrances even of the Ministerial Press, angrily as it had challenged the findings of the report, before long changed the Government’s purpose; it was formally announced, in 1897, that Ireland would obtain the same boon as Great Britain, and, apparently, as a condition of this, that Irish local government was to be reformed. The measure of 1898 was the result of this compromise; the interdependence of two subjects, which have nothing in common, has made it not easy to interpret; but, as we shall see, its authors have provided, with skill, against one of the dangers the change involved, that is, the probability that it might expose the Irish landed gentry to predatory attacks. Before examining the recent law, I venture to make a single remark. The question of the alleviation of the charge of rates, a concession made to Ireland with bad grace, and made to England and Scotland as a matter of course, has nothing to do with the infinitely larger question of the excessive taxation imposed on Ireland; relief in the one case does not imply relief in the other; the two subjects are altogether distinct. It is essential carefully to keep this in mind, for attempts are being made to confuse the two questions, and characteristically to argue that Ireland ought to rest and be thankful, and not to say a word about her overtaxation, because, forsooth, in common with England and Scotland, she has received assistance as regards her local rates.

The transformation which has been effected in Irish local government has completely changed the old order of things, and is of an extremely democratic character. County government has been taken from the grand juries, and has been extended to bodies known by the name of County Councils, recently formed in Great Britain. The County Councils proper are thirty-two in number, corresponding to the number of the Irish counties; they are popular assemblies in the fullest sense of the word. They are elected by the ratepayers of their districts, who possess the present extravagantly low suffrage; the right of election is also bestowed on women; and the protection of the cumulative vote has been removed; a cottar has the same voting power as a man of forty thousand a year. Any of these voters may have a seat in a County Council; the body, therefore, may be crowded with petty ratepayers; and women also may have seats. Three members of the grand jury, in each county, are entitled to sit in a County Council, but for a short time only—a provision intended to reconcile the old with the new; the County Councils are given a right to ‘co-opt’ a few members; and the heads of bodies subordinate to them have the privilege of taking part in their counsels. The rights and the responsibilities of the grand juries have, as a rule, been transferred to the County Councils, except in the instance of criminal injuries, and of determining compensation for these; this jurisdiction, subject to an appeal to a judge of assize, has been properly conferred on the County Court judges, for it is essentially of a judicial nature. The powers of the County Councils thus extend to the management and the supervision of the roads, bridges, and buildings for public purposes comprised within their counties, and also to the regulation of villages and petty towns; but, like the grand juries, they are subject to the same control of the Central Government; they must make ‘imperative presentments’ like the grand juries; and, as in the instance of the grand juries, subordinate bodies have the initiative in part of their duties. Their powers, however, have been made larger and wider than those of the grand juries; they have been given the right to assess and levy the poor rate in rural districts, the management of the asylums of the lunatic poor, an authority, in cases of exceptional distress, subject to the permission of the Local Government Board, to sanction relief to poor people out-of-doors, and several other powers of not much importance. It should be added that the County Councils are not restricted in any way by judge’s ‘fiats’ and by ‘traverses’ as the grand juries were; these securities, such as they were, have disappeared; but their conduct may be controlled to a certain extent by the Superior Courts of Ireland, as that of most public bodies may be, if only through a tedious and costly procedure, and they are more or less under the authority of the Local Government Board.

Six of the principal cities and towns of Ireland, Dublin, Belfast, Cork, Limerick, Londonderry, and Waterford, have been made distinct counties, with the appellation of County Boroughs. The scheme of County Councils has been applied to these also; the townsmen and townswomen have the same power of voting, and the same democratic suffrage as the counties proper; the borough assemblies may have the same kinds of members; but the titles of mayors, aldermen, and burgesses have been preserved, in recognition, so to speak, of strictly urban government. These bodies, which, it will be observed, are popular in the widest sense of the word, have the powers of grand juries within their respective spheres; but they retain besides their former administrative powers subject to the control of the Local Government Board; they have thus been changed from narrow and close oligarchies into democracies on the very broadest basis. The County Councils have under them two minor bodies, the Rural District Councils and the Urban District Councils, the characteristics of which may be briefly noticed. The sphere of the authority of the Rural District Council corresponds, for the most part, to the Poor Law Union; these councils are elected and constituted under the same conditions as the larger councils already described; they are, therefore, mere democracies in considerable numbers. The Rural District Councils are given the powers of the Baronial Presentment Sessions of the Grand Juries, that is, they may initiate proceedings as their predecessors did; they are made the sole guardians of the poor within their districts, the ex-officio guardians having been abolished; their chairmen are members of the County Councils; it may be added here that rating for the poor has been extended generally over the union, not as hitherto confined to the electoral division and the ward, a questionable provision which will certainly increase the expenditure for the relief of poverty. The sphere of the authority of the Urban District Councils has been made that of the larger towns of Ireland, being sanitary areas within themselves; but power has been taken to increase the number of these towns, and this increase will be probably witnessed. The Urban District Councils resemble, in their mode of election and their constitution, the other assemblies, that is, they are democracies to the fullest extent; but they retain the names of Corporate or Town Commissioners towns, and of mayors, aldermen, and burgesses where they possessed these before. The powers of the Urban District Councils are those of the grand juries within the towns, except as respects the larger public buildings, which were formerly charged on ‘the county at large;’ these councils levy and assess the poor rate within their districts; and they retain the powers of urban government they formerly possessed. The Local Government Board has authority, also, over the Rural District and the Urban District Councils.

The entire system of Irish local government has thus been placed on an extremely democratic basis, subject, however, to partial control by the Central Government. This revolution, for it has been nothing less, was obviously liable to be attended by the many mischiefs inseparable from a sudden transfer of enormous powers to local assemblies of the most popular type, to maladministration, waste, and extravagance, and, as especially would be the case in Ireland, to violent or insidious attacks on the landed gentry. The late measure has provided against these evils, if not completely or adequately, with ingenuity and skill. The relief of Irish agriculture was its first financial object; to effect this the county cess and the poor rate have been consolidated into a single charge; and half of this is to be defrayed by the State and appropriated to the relief of agricultural lands, towns and lands, within municipal limits, being excepted. The subvention is not to extend to sums payable in respect of criminal injuries, nor to sums payable in respect of extra police in disturbed districts; these charges are properly to be borne by local areas as before. The relief afforded is an annual sum of about £700,000; it is divided in tolerably equal shares between the owners and the occupiers of the soil, that is, between the landlords and tenants of Ireland; it is characteristic of Radical clamour, that a boon, the justice of which could not be disputed, was denounced as an ‘infamous job’ for the behoof of the Irish landed gentry. A powerful check has been placed on extravagance and waste, and on attempts to injure property in land, exposed, we have seen, to undoubted dangers. The relief afforded was calculated on the local expenditure for 1897, in the words of the law, ‘the standard year;’ it was regularly to be one-half of this sum. Should the local expenditure, therefore, in subsequent years, be in excess of that of the standard year, the proportionate value of the relief would fall; should it be a lesser amount, the value would rise. A strong restraint was thus imposed on attempts recklessly to job and waste local funds, and notably to plunder Irish landlords; but this restriction only applies to agricultural lands; it does not extend to property in towns; and it is difficult to say that it will always prove effective against democratic sentiment, passion, and greed. The extent of the relief afforded to Irish landlords differs widely as between landlords of different classes of tenants; landlords of mere cottars will get very little; landlords of farmers of substance will get much more; but it is unnecessary here to enlarge on this special subject.[183]