Chapter V: Part 5

To understand an Irish Land Bill it is necessary to dismiss at once all ideas of the ordinary relations between landlord and tenant in England, and to grasp a true conception of the condition of an Irish tenanted estate. In England the relation between the landlord and tenant of a farm resembles, with a difference in the subject-matter, the relation between the landlord and tenant of a furnished house. In the case of the house, the landlord keeps it in a state fit for habitation, and the tenant pays rent for the privilege of living in another man's house. In the case of the farm, the landlord provides the farm with house, farm-buildings, gates, and other permanent improvements required to fit it for cultivation by the tenant, and the tenant pays rent for the privilege of cultivating the farm, receiving the proceeds of that cultivation. The characters of owner and tenant, however long the connection between them may subsist, are quite distinct. The tenant does no acts of ownership, and never regards the land as belonging to himself, quitting it without hesitation if he can make more money by taking another farm. In Ireland the whole situation is different: instead of a farm of some one hundred or two hundred acres, the tenant has a holding varying, say, from five to fifty acres, for which he pays an annual rent-charge to the landlord. He, or his ancestors have, in the opinion of the tenant, acquired a quasi-ownership in the land by making all the improvements, and he is only removable on non-payment of the fixed rent, or non-fulfilment of certain specified conditions. In short, in Ireland the ownership is dual: the landlord is merely the lord of a quasi-copyhold manor, consisting of numerous small tenements held by quasi-copyholders who, so long as they pay what may be called the manorial rents, and fulfil the manorial conditions, regard themselves as independent owners of their holdings. An Irish Land Bill, then, dealing with tenanted estates, is, in fact, merely a Bill for converting the small holders of tenements held at a fixed rent into fee-simple owners by redemption of the rent due to the landlord and a transfer of the land to the holders. Every scheme, therefore, for settling the Land question in Ireland resolves itself into an inquiry as to the best mode of paying off the rent-charges due to the landlord. The tenant cannot, of course, raise the capital sufficient for paying off the redemption money; some State authority must, therefore, intervene and advance the whole or the greater part of that money, and recoup itself for the advance by the creation in its own favour of an annual charge on the holding sufficient to repay in a certain number of years both the principal and interest due in respect of the advance.

The first problem, then, in an Irish Land Bill, is to settle the conditions of this annuity in such a manner as to satisfy the landlord and tenant; the first, as to the price of his estate; the second, as to the amount of the annuity to be paid by him, at the same time to provide the State authority with adequate security for the repayment of the advance, or, in other words, for the punctual payments of the annuity which is to discharge the advance. Next in importance to the financial question of the adjustment of the annuity comes the administrative difficulty of investigating the title, and thus securing to the tenant the possession of the fee simple, and to the State authority the position of a mortgagee. Under ordinary circumstances the investigation of the title to an estate involves the examination of every document relating thereto for a period of forty years, and the distribution of the purchase-money amongst the head renters, mortgagees, and other encumbrancers, who, in addition to the landlord, are found to be interested in the ownership of almost every Irish estate. Such a process is costly, even in the case of large estates, and involves an expense almost, and, indeed, speaking generally, absolutely prohibitory in the case of small properties. Some mode, then, must be devised for reducing this expense within manageable limits, or any scheme for dealing with Irish land, however well devised from a financial point of view, will sink under the burden imposed by the expense attending the transfer of the land to the new proprietors. Having thus stated the two principal difficulties attending the Land question in Ireland, it may be well before entering on the details of the Sale and Purchase of Land (Ireland) Bill, to mention the efforts which have been made during the last fifteen years to surmount those difficulties. The Acts having this object in view are the Land Acts of 1870, 1872, and 1881, brought in by Mr. Gladstone, and the Land Purchase Act of 1885, brought in by the Conservative Lord Chancellor of Ireland (Lord Ashbourne). The Act of 1870, as amended by the Act of 1872, provided that the State authority might advance two-thirds of the purchase-money. An attempt was made to get over the difficulties of title by providing that the Landed Estates Court or Board of Works shall undertake the investigation of the title and the transfer and distribution of the purchase-money at a fixed price. The Act of 1881 increased the advance to three-quarters, leaving the same machinery to deal with the title. Both under the Acts of 1870 and 1881 the advance was secured by an annuity of 5 per cent., payable for the period of thirty-five years, and based on the loan of the money by the English Exchequer at 3-1/2 per cent. interest. These Acts produced very little effect. The expense of dealing with the titles in the Landed Estates Court proved overwhelming, and neither the Board of Works, under the Act of 1872, nor the Land Commission, under the Act of 1881, found themselves equal to the task of completing inexpensively the transfer of the land; further, the tenants had no means of providing even the quarter of the purchase-money required by the Act of 1881. In 1885 Lord Ashbourne determined to remove all obstacles at the expense of the English Exchequer. By the Land Act of that year he authorized the whole of the purchase-money to be advanced by the State, with a guarantee by the landlord, to be carried into effect by his allowing one-fifth of the purchase-money to remain in the hands of the agents of the State Authority until one-fifth of the purchase-money had been repaid by the annual payments of the tenants. The principal was to be recouped by an annuity of 4 per cent., extending over a period of forty-nine years, instead of an annuity of 5 per cent. extending over a period of thirty-five years. The English Exchequer was to advance the money on the basis of interest at 3-1/8 per cent., instead of at 3-1/2 per cent. Though sufficient time has not yet elapsed to show whether the great bribe offered by the Act of 1885, at the expense of the British taxpayer, will succeed in overcoming the apathy of the tenants, it cannot escape notice that if the Act of 1885 succeeds better than the previous Acts, it will owe that success solely to the greater amount of risk which it imposes on the English Exchequer, and not to any improvement in the scheme in respect of securing greater certainty of sale to the Irish landlord, or of diminishing the danger of loss to the English taxpayer.

Such being the state of legislation, and such the circumstances of the land question in Ireland in the year 1886, the Irish Government Bill afforded Mr. Gladstone the means and the opportunity of bringing in a Land Bill which would secure to the Irish landlord the certainty of selling his land at a fair price, without imposing any practical liability on the English Exchequer, and would, at the same time, diminish the annual sums payable by the tenant; while it also conferred a benefit on the Irish Exchequer. These advantages were, as will be seen, gained, firstly, by the pledge of English credit on good security, instead of advancing money on a mere mortgage on Irish holdings, made directly to the English Government; and, secondly, by the interposition of the Irish Government, as the immediate creditor of the Irish tenant. The scheme of the Land Purchase Bill is as follows:--The landlord of an agricultural estate occupied by tenants may apply to a department of the new Irish Government to purchase his estate. The tenants need not be consulted, as the purchase, if completed, will necessarily better their condition, and thus at the very outset the difficulty of procuring the assent of the tenants, which has hitherto proved so formidable an obstacle to all Irish land schemes, disappears. The landlord may require the department to which he applies (called in the Bill the State Authority) to pay him the statutory price of his estate, not in cash, but in consols valued at par. This price, except in certain unusual cases of great goodness or of great badness of the land, is twenty years' purchase of the _net_ rental. The _net_ rental is the _gross_ rental after deducting from that rent tithe rent-charge, the average percentage for expenses in respect of bad debts, any rates paid by the landlord, and any like outgoings. The _gross_ rental of an estate is the gross rent of all the holdings on the estate, payable in the year ending in November, 1885. Where a judicial rent has been fixed, it is the judicial rent; where no judicial rent has been fixed, it is the rent to be determined in the manner provided by the Bill.

To state this shortly, the Bill provides that an Irish landlord may require the State Authority to pay him for his estate, in consols valued at par, a capital sum equal to twenty times the amount of the annual sum which he has actually put into his pocket out of the proceeds of the estate. The determination of the statutory price is, so far as the landlord is concerned, the cardinal point of the Bill, and in order that no injustice may be done the landlord, an Imperial Commission--called the Land Commission--is appointed by the Bill, whose duty it is to fix the statutory price, and, where there is no judicial rent, to determine the amount of rent which, in the character of gross rental, is to form the basis of the statutory price. The Commission also pay the purchase-money to the landlord, or distribute it amongst the parties entitled, and generally the Commission act as intermediaries between the landlord and the Irish State Authority, which has no power of varying the terms to which the landlord is entitled under the Bill, or of judging of the conditions which affect the statutory price. If the landlord thinks the price fixed by the Land Commission, as the statutory price inequitable, he may reject their offer and keep his estate.

Supposing, however, the landlord to be satisfied with the statutory price offered by the Land Commission, the sale is concluded, and the Land Commission make an order carrying the required sum of consols (which is for convenience hereinafter called the purchase-money, although it consists of stock and not of cash) to the account of the estate in their books after deducting 1 per cent. for the cost of investigation of title and distribution of the purchase-money, and upon the purchase-money being thus credited to the estate, the landlord ceases to have any interest in the estate, and the tenants, by virtue of the order of the Land Commission, become owners in fee simple of their holdings, subject to the payment to the Irish State Authority of an annuity. The amount of the annuity is stated in the Bill. It is a sum equal to £4 per cent. on a capital sum equal to twenty times the amount of the gross rental of the holding. The illustration given by Mr. Gladstone in his speech will at once explain these apparently intricate matters of finance. A landlord is entitled to the Hendon estate, producing £1200 a year gross rental; to find the net rental, the Land Commission deduct from this gross rental outgoings estimated at about 20 per cent., or £240 a year. This makes the net rental £960 a year, and the price payable to the landlord is £19,200 (twenty years' purchase of £960, or £960 multiplied by 20), which, as above stated, will be paid in consols. The tenants will pay, as the maximum amount for their holdings, £4 per cent. for forty-nine years on the capitalized value of twenty years' purchase of the gross rent. This will amount to £960 instead of £1,200, which they have hitherto paid; a saving of £240 a year will thus be effected, from which, however, must be deducted the half rates to which they will become liable, formerly paid by the landlord. This £4 per cent. charge payable by the tenants will continue for forty-nine years, but at the end of that time each tenant will become a free owner of his estate without any annual payment. Next, as to the position of the State Authority. The State Authority receives £960 from the tenants; it pays out of that sum £4 per cent., not upon the gross rental, but upon the net rental capitalized, that is to say, £768 to the Imperial Exchequer. The State Authority, therefore, receives,£960, and assuming that the charge of collecting the rental is 2 per cent., that is to say, £19 4_s._, the State Authority will, out of £960, have to disburse only £787 4_s._, leaving it a gainer of £172 16_s._, or nearly 18 per cent. The result then between the several parties is, the landlord receives £19,200; the tenantry pay £240 a year less than they have hitherto paid, and at the end of forty-nine years are exempt altogether from payment; the gain of Irish State Authority is £172 16_s._ a year. Another mode of putting the case shortly is as follows: The English Exchequer lends the money to the Irish State Authority at 3-1/8 per cent. and an annuity of 4 per cent. paid during forty-nine years will, as has been stated above, repay both principal and interest for every £100 lent at 3-1/8 per cent. On the sale of an estate under the Bill, the landlord receives twenty years' purchase; the tenant pays £4 per cent. on twenty years' purchase of the gross rental; the Irish State Authority receives £4 per cent. on the gross rental; the English Exchequer receives 4 per cent. on the net rental only. The repayment of the interest due by the Irish Authority to the English Exchequer is in no wise dependent on the punctual payment of their annuities by the Irish tenants, nor does the English Government in any way figure as the landlord or creditor of the Irish tenants. The annuities payable by the tenants are due to the Irish Government, and collected by them, while the interest due to the English Government is a charge on the whole of the Irish Government funds; and further, these funds themselves are paid into the hands of the Imperial officer, whose duty it is to liquidate the debt due to his master, the Imperial Exchequer, before a sixpence can be touched by the Irish Government. It is not, then, any exaggeration to say that the Land Purchase Bill of 1886 provides for the settlement of the Irish Land question without any appreciable risk to the English Exchequer, and with the advantage of securing a fair price for the landlord, a diminution of annual payments to the tenant with the ultimate acquisition of the fee simple, also a gain of no inconsiderable sum to the Irish Exchequer. In order to obviate the difficulties attending the investigation of title and transfer of the property, the Bill provides, as stated above, that on the completion of the agreement for the sale between the landlord and the Commission, the holding shall vest at once in the tenants: it then proceeds to declare that the claims of all persons interested in the land shall attach to the purchase-money in the same manner as though it were land. The duty of ascertaining these claims and distributing the purchase-money is vested in the Land Commission, who undertake the task in exchange for the 1 per cent. which they have, as above stated, deducted from the purchase-money as the cost of conducting the complete transfer of the estate from the landlord to the tenants. The difficulty of the process of dealing with the purchase-money depends, of course, on the intricacy of the title. If the vendor is the sole unencumbered owner, he is put in immediate possession of the stock constituting the price of the estate. If there are encumbrances, as is usually the case, they are paid off by the Land Commission. Capital sums are paid in full; jointures and other life charges are valued according to the usual tables. Drainage and other temporary charges are estimated at their present value, permanent rent-charges are valued by agreement, or in case of disagreement, by the Land Commission; a certain minimum number of years' purchase being assigned by the Bill to any permanent rent-charge which amounts only to one-fifth part of the rental of the estate on which it is charged, this provision being made to prevent injustice being done to the holders of rent-charges which are amply secured.

It remains to notice certain other points of some importance. The landlord entitled to require the State to purchase his property is the immediate landlord, that is to say, the person entitled to the receipt of the rent of the estate; no encumbrancer can avail himself of the privilege, the reason being that the Bill is intended to assist solvent landlords, and not to create a new Encumbered Estates Court. The landlord may sell this privilege, and possibly by means of this power of sale may be able to put pressure on his encumbrancers to reduce their claims in order to obtain immediate payment. The Land Commission, in their character of quasi-arbitrators between the landlord and the Irish State Authority, have ample powers given to enable them to do justice. If the statutory price, as settled according to the Act, is too low, they may raise it to twenty-two years' purchase instead of twenty years' purchase. If it is too high, they may refuse to buy unless the landlord will reduce it to a proper price. In the congested districts scheduled in the Bill the land, on a sale, passes to the Irish State Authority, as landlords, and not to the tenants; the reason being that it is considered that the tenants would be worsened, rather than bettered, by having their small plots vested in them in fee simple. For the same cause it is provided that in any part of Ireland tenants of holdings under £4 a year may object to become the owners of their holdings, which will thereupon vest, on a sale, in the Irish State Authority. Lastly, the opportunity is taken of establishing a registry of title in respect of all property dealt with under the Bill. The result of such a registry would be that any property entered therein would ever thereafter be capable of being transferred with the same facility, and at as little expense, as stock in the public funds.

FOOTNOTES:

[Footnote 14: Any charge in excess of one million was to be borne by Imperial Exchequer.]

THE "UNIONIST" POSITION.

BY CANON MACCOLL

Is it not time that the opponents of Home Rule for Ireland should define their position? They defeated Mr. Gladstone's scheme last year in Parliament and in the constituencies; and they defeated it by the promise of a counter policy which was to consist, in brief, of placing Ireland on the same footing as Great Britain in respect to Local Government; or, if there was to be any difference, it was to be in the direction of a larger and more generous measure for Ireland than for the rest of the United Kingdom. This certainly was the policy propounded by the distinguished leader of the Liberal Unionists in his speech at Belfast, in November, 1885, and repeated in his electoral speeches last year. In the Belfast speech Lord Hartington said: "My opinion is that it is desirable for Irishmen that institutions of local self-government such as are possessed by England and Scotland, and such as we hope to give in the next session in greater extent to England and Scotland, should also be extended to Ireland." But this extension of local self-government to Ireland would require, in Lord Hartington's opinion, a fundamental change in the fabric of Irish Government. "I would not shrink," he says, "from a great and bold reconstruction of the Irish Government," a reconstruction leading up gradually to some real and substantial form of Home Rule. His Lordship's words are: "I submit with some confidence to you these principles, which I have endeavoured to lay down, and upon which, I think, the extension of Local Government in Ireland must proceed. First, you must have some adequate guarantees both for the maintenance of the essential unity of the Empire and for the protection of the minority in Ireland. And, secondly, you must also admit this principle: the work of complete self-government of Ireland, the grant of full control over the management of its own affairs, is not a grant that can be made by any Parliament of this country in a day. It must be the work of continuous and careful effort." Elsewhere in the same speech Lord Hartington says: "Certainly I am of opinion that nothing can be done in the direction of giving Ireland anything like complete control over her own affairs either in a day, or a session, or probably in a Parliament." "Complete control over her own affairs," "the work of complete self-government of Ireland, the grant of full control over the management of its own affairs:" this is the policy which Lord Hartington proclaimed in Ulster, the promise which he, the proximate Liberal leader, held out to Ireland on the eve of the General Election of 1885. It was a policy to be begun "in the next session," though not likely to be completed "in a day, or a session, or probably in a Parliament."

Next to Mr. Gladstone and Lord Hartington the most important member of the Liberal party at that time was undoubtedly Mr. Chamberlain, and Mr. Chamberlain's Irish policy was proclaimed in the _Radical Programme, which was published before the General Election as the Radical leader's manifesto to the constituencies. This scheme, which Mr. Chamberlain had submitted as a responsible minister to the Cabinet of Mr. Gladstone in June, 1885, culminated in a National Council which was to control a series of local bodies and govern the whole of Ireland. "His National Council was to consist of two orders; one-third of its members were to be elected by the owners of property, and two-thirds by ratepayers. The National Council also was to be a single one, and Ulster was not to have a separate Council. As the Council was to be charged with the supervision and legislation about education, which is the burning question between Catholics and Protestants, it is clear that Mr. Chamberlain at that time contemplated no special protection for Ulster."[15] Moreover, in a letter dated April 23rd, 1886, and published in the _Daily News_ of May 17th, 1886, Mr. Chamberlain declared that he "had not changed his opinion in the least" since his first public declaration on Irish policy in 1874. "I then said that I was in favour of the principles of Home Rule, as defined by Mr. Butt, but that I would do nothing which would weaken in any way Imperial unity, and that I did not agree with all the details of his plan.... Mr. Butt's proposals were in the nature of a federal scheme, and differ entirely from Mr. Gladstone's, which are on the lines of Colonial independence. Mr. Butt did not propose to give up Irish representation at Westminster." It is true that Mr. Butt did not propose to give up Irish representation at Westminster; but it is also true that he proposed to give it up in the sense in which Mr. Chamberlain wishes to retain it. Mr. Butt's words, in the debate to which Mr. Chamberlain refers, are, "that the House should meet _without Irish members_ for the discussion of English and Scotch business; and when there was any question affecting the Empire at large, Irish members might be summoned to attend. He saw no difficulty in the matter."[16]

There is no need to quote Mr. Gladstone's declarations on the Irish question at the General Election of 1885, and previously. He has been accused of springing a surprise on the country when he proposed Home Rule in the beginning of 1886. That is not, at all events, the opinion of Lord Hartington. In a speech delivered at the Eighty Club in March, 1886, his Lordship, with his usual manly candour, declared as follows: "I am not going to say one word of complaint or charge against Mr. Gladstone for the attitude which he has taken on this question. I think no one who has read or heard, during a long series of years, the declarations of Mr. Gladstone on the question of self-government for Ireland, can be surprised at the tone of his present declarations.... When I look back to those declarations that Mr. Gladstone made in Parliament, which have not been unfrequent; when I look back to the increased definiteness given to those declarations in his address to the electors of Midlothian, and in his Midlothian speeches; I say, when I consider all these things, I feel that I have not, and that no one has, any right to complain of the tone of the declarations which Mr. Gladstone has recently made upon this subject."

So much as to the state of Liberal opinion on the Irish question at the General Election of 1885. The leaders of all sections of the party put the Irish question in the foreground of their programme for the session of 1886. We all remember Sir Charles Dilke's public announcement that he and Mr. Chamberlain were going to visit Ireland in the autumn of 1885, to study the Irish question on the spot, with a view to maturing a plan for the first session of the new Parliament.

What about the Conservative party? Lord Salisbury's Newport speech was avowedly the programme of his Cabinet. It was the Conservative answer to Mr. Gladstone's Midlothian manifesto. He dealt with the Irish question in guarded language; but it was language which plainly showed that he recognized, not less clearly than the Liberal leaders, the crucial change which the assimilation of the Irish franchise to that of Great Britain had wrought in Irish policy. His keen eye saw at once the important bearing which that enfranchisement had on the traditional policy of coercion: "You had passed an Act of Parliament, giving in unexampled abundance, and with unexampled freedom, supreme power to the great mass of the Irish people--supreme power as regards their own locality.... To my mind the renewal of exceptional legislation against a population whom you had treated legislatively to this marked confidence was so gross in its inconsistency that you could not possibly hope, during the few remaining months that were at your disposal before the present Parliament expired, to renew any legislation which expressed on one side a distrust of what on the other side your former legislation had so strongly emphasized. The only result of your doing it would have been, not that you would have passed the Act, but that you would have promoted by the very inconsistency of the position that you were occupying--by the untenable character of the arguments that you were advancing--you would have produced so intense an exasperation amongst the Irish people, that you would have caused ten times more evil, ten times more resistance to law than your Crimes Act, even if it had been renewed, would possibly have been able to check." Lord Salisbury went on to say that "the effect of the Crimes Act had been very much exaggerated," and that "boycotting is of that character which legislation has very great difficulty in reaching." "Boycotting does not operate through outrage. Boycotting is the act of a large majority of a community resolving to do a number of things which are themselves legal, and which are only illegal by the intention with which they are done."

Next to Lord Salisbury the most prominent member of the Conservative party at that date was Lord Randolph Churchill. On the 3rd of January, 1885, when it was rumoured that Mr. Gladstone's Government, then in office, intended to renew a few of the clauses of the Crimes Act, Lord Randolph Churchill made a speech at Bow against any such policy. The following quotation will suffice as a specimen of his opinion: "It comes to this, that the policy of the Government in Ireland is to declare on the one hand, by the passing of the Reform Bill, that the Irish people are perfectly capable of exercising for the advantage of the Empire the highest rights and privileges of citizenship; and by the proposal to renew the Crimes Act they simultaneously declare, on the other hand, that the Irish people are perfectly incapable of performing for the advantage of society the lowest and most ordinary duties of citizenship.... All I can say is that, if such an incoherent, such a ridiculous, such a dangerously ridiculous combination of acts can be called a policy, then, thank God, the Conservative party have no policy."

Within a few months of the delivery of that speech a Conservative Government was in office, with Lord Randolph Churchill as its leader in the House of Commons; and one of the first acts of the new leader was to separate himself ostentatiously from the Irish policy of Lord Spencer and from the policy of coercion in general. Lord Randolph Churchill, as the organ of the Government in the House of Commons, repudiated in scornful language any atom of sympathy with the policy pursued by Lord Spencer in Ireland; and Lord Carnarvon, the new Viceroy, declared that "the era of coercion" was past, and that the Conservative Government intended to govern Ireland by the ordinary law. Lord Carnarvon, in addition, and very much to his credit, sought and obtained an interview with Mr. Parnell, and discussed with him, in sympathetic language, the question of Home Rule. In his own explanation of this interview Lord Carnarvon admitted that he desired to see established in Ireland some form of self-government which would satisfy "the national sentiment."

It is idle, therefore, to assert that the question of Home Rule for Ireland, in some form or other, was sprung on the country as a surprise by Mr. Gladstone in the beginning of 1886. The question was brought prominently before the public in the General Election of 1885 as one that must be faced in the new Parliament. All parties were committed to that policy, and the only difference was as to the character and limits of the measure of self-government to be granted to Ireland; whether it was to be large enough to satisfy "the national sentiment," as Lord Carnarvon, Mr. Chamberlain, Mr. Gladstone, and others desired; or whether it was to consist only of a system of county boards under the control of a reformed Dublin Castle. There was a general agreement that the grant to Ireland of electoral equality with England necessitated equality of political treatment, and that, above all things, there was to be no renewal of the stale policy of Coercion until the Irish people had got an opportunity of proving or disproving their fitness for self-government, unless, indeed, there should happen to be a recrudescence of crime which would render exceptional legislation necessary. The election of 1886 turned almost entirely on the question of Irish government, and it is not too much to say that Conservatives and Liberal Unionists vied with Home Rulers in repudiating a return to the policy of coercion until the effect of some kind of self-government had been tried. Of course, there were the usual platitudes about the necessity of maintaining law and order; but there was a _consensus_ of profession that coercion should not be resorted to unless there was a fresh outbreak of crime and disorder in Ireland.

Such were the professions of the opponents of Home Rule in 1885 and in 1886. They have now been in office for eighteen months, and what do we behold? They have passed a perpetual Coercion Bill for Ireland, and the question of any kind of self-government has been relegated to an uncertain future. In his recent speech at Birmingham (Sept. 29), Mr. Chamberlain has declared that the question is not ripe for solution, and that the question of disestablishment, in Wales, Scotland, and England successively, as well as the questions of Local Option, local government for Great Britain, and of the safety of life at sea, must take precedence of it. That means the postponement of the reform of Irish Government to the Greek Kalends. What justification can be made for this change of front? No valid justification has been offered. So far from there having been any increase of crime in the interval, there has been a very marked decrease. When the Coercion Bill received the royal assent last August, Ireland was more free from crime than it had been for many years past. Nothing had happened to account for the return to the policy of coercion in violation of the promise to try the experiment of conciliation. The National League was in full vigour in 1885-1886, when the policy of coercion was abandoned; boycotting was just as prevalent, and outrages were much more numerous.

Under these circumstances it is the opponents of Home Rule, not its advocates, who owe an explanation to the public. They defeated Mr. Gladstone's Bill, but promised a Bill of their own. Where is their Bill? We hear nothing of it. They have made a complete change of front. They now tell us that the grievance of Ireland is entirely economic, and that the true solution of the Irish question is the abolition of dual ownership in land combined with a firm administration of the existing law. England and Scotland are to have a large measure of local government next year; but Ireland is to wait till a more convenient season. A more complete reversal of the policy proclaimed last summer by the so-called Unionists cannot be imagined.

Still, however, the "Unionists" hope to be able some day to offer some form of self-government to Ireland. For party purposes they are wise in postponing that day to the latest possible period, for its advent will probably dissolve the union of the "Unionists." Lord Salisbury, Lord Hartington, Mr. Bright, and Mr. Chamberlain cannot agree upon any scheme which all can accept without a public recantation of previous professions. Mr. Bright is opposed to Home Rule "in any shape or form." Mr. Chamberlain, on the other hand, is in favour of a great National Council, on Mr. Butt's lines or on the lines of the Canadian plan; either of which would give the National Council control over education and the maintenance of law and order. Latterly, indeed, Mr. Chamberlain has advocated a separate treatment for Ulster. But the first act of an Ulster Provincial Assembly would probably be to declare the union of that Province with the rest of Ireland. Ulster, be it remembered, returns a majority of Nationalists to the Imperial Parliament. To exclude Ulster from any share in the settlement offered to the other three Provinces would therefore be impracticable; and Mr. Bright has lately expressed his opinion emphatically in that sense. In any case, Lord Hartington could be no party to any scheme so advanced as Mr. Chamberlain's. For although he declared, in his Belfast speech, that "complete self-government" was the goal of his policy for Ireland, he was careful to explain that "the extension of Irish management over Irish affairs must be a growth from small beginnings." But this "growth from small beginnings" would be, in Lord Salisbury's opinion, a very dangerous and mischievous policy. The establishment of self-government in Ireland, as distinct from what is commonly known as Home Rule, he pronounced in his Newport speech to be "a very difficult question;" and in the following passage he placed his finger upon the kernel of the difficulty:--"A local authority is more exposed to the temptation, and has more of the facility for enabling a majority to be unjust to the minority, than is the case when the authority derives its sanction and extends its jurisdiction over a wide area. That is one of the weaknesses of local authorities. In a large central authority the wisdom of several parts of the country will correct the folly or the mistakes of one. In a local authority that correction to a much greater extent is wanting; and it would be impossible to leave that out of sight in the extension of any such local authority to Ireland."

This seems to me a much wiser and more statesmanlike view than a system of elective boards scattered broadcast over Ireland. A multitude of local boards all over Ireland, without a recognized central authority to control them, would inevitably become facile instruments in the hands of the emissaries of disorder and sedition. And, even apart from any such sinister influences, they would be almost certain to yield to the temptation of being oppressive, extravagant, and corrupt, if there were no executive power to command their confidence and enforce obedience. Without the previous creation of some authority of that kind it would be sheer madness to offer Ireland the fatal boon of local self-government. It would enormously increase without conciliating the power of the Nationalists, and would make the administration of Ireland by constitutional means simply impossible. The policy of the Liberal Unionists is thus much too large or much too small. It is too small to conciliate, and therefore too large to be given with safety. All these proposed concessions are liable to one insuperable objection; they would each and all enable the Irish to extort Home Rule, but under circumstances which would rob it of its grace and repel gratitude. Mill has some admirable observations bearing on this subject, and I venture to quote the following passage: "The greatest imperfection of popular local institutions, and the chief cause of the failure which so often attends them, is the low calibre of the men by whom they are almost always carried on. That these should be of a very miscellaneous character is, indeed, part of the usefulness of the institution; it is that circumstance chiefly which renders it a school of political capacity and general intelligence. But a school supposes teachers as well as scholars; the utility of the instruction greatly depends on its bringing inferior minds into contact with superior, a contact which in the ordinary course of life is altogether exceptional, and the want of which contributes more than anything else to keep the generality of mankind on one level of contented ignorance.... It is quite hopeless to induce persons of a high class, either socially or intellectually, to take a share of local administration in a corner by piecemeal as members of a Paving Board or a Drainage Commission."[17]

Mr. Mill goes on to argue that it is essential to the safe working of any scheme of local self-government that it should be under the control of a central authority in harmony with public opinion.

When the "Unionists" begin, if they ever do begin, seriously to deliberate on the question of self-government for Ireland, they will find that they have only two practicable alternatives--the maintenance of the present system, or some scheme of Home Rule on the lines of Mr. Gladstone's much misunderstood Bill. And the ablest men among the "Unionists" are beginning to perceive this. The _Spectator_ has in a recent article implored Mr. Chamberlain to desist from any further proposal in favour of self-government for Ireland, because the inevitable result would be to split up the Unionist party; and Mr. Chamberlain, as we have seen, has accepted the advice. Another very able and very logical opponent of Home Rule has candidly avowed that the only alternative to Home Rule is the perpetuation of "things as they are." Ireland, he thinks, "possesses none of the conditions necessary for local self-government." His own view, therefore, is "that in Ireland, as in France, an honest, centralized administration of impartial officials, and not local self-government, would best meet the real wants of the people."

"The name of 'Self-government' has a natural fascination for Englishmen; but a policy which cannot satisfy the wishes of Home Rulers, which may--it is likely enough--be of no benefit to the Irish people, which will certainly weaken the Government in its contest with lawlessness and oppression, is not a policy which obviously commends itself to English good sense."[18]

Well may this distinguished "Supporter of things as they are" declare: "The maintenance of the Union [on such terms] must necessarily turn out as severe a task as ever taxed a nation's energies; for to maintain the Union with any good effect, means that, while refusing to accede to the wishes of millions of Irishmen, we must sedulously do justice to every fair demand from Ireland; must strenuously, and without fear or favour, assert the equal rights of landlords and tenants, of Protestants and Catholics; and must, at the same time, put down every outrage and reform every abuse."

What hope is there of this? Our only guide to the probabilities of the future is our experience of the past And what has that been in Ireland? In every year since the Legislative Union there have been multitudes of men in England as upright, as enlightened, as well-intentioned towards Ireland, as Professor Dicey, and with better opportunities of translating their thoughts into acts. Yet what has been the result? _Si monumenlum requiris circumspice_. Behold Ireland at this moment, and examine every year of its history since the Union. Do the annals of any constitutional Government in the world present so portentous a monument of Parliamentary failure, so vivid an example of a moral and material ruin "paved with good intentions"? Therein lies the pathos of it. Not from malice, not from cruelty, not from wanton injustice, not even from callous indifference to suffering and wrong, does our misgovernment of Ireland come. If the evil had its root in deliberate wrong-doing on the part of England it would probably have been cured long ago. But each generation, while freely confessing the sins of its fathers, has protested its own innocence and boasted of its own achievements, and then, with a pharisaic sense of rectitude, has complacently pointed to some inscrutable flaw in the Irish character as the key to the Irish problem. The generation which passed the Act of Union, oblivious of British pledges solemnly given and lightly broken, wondered what had become of the prosperity and contentment which the promoters of the Union had promised to Ireland. The next generation made vicarious penance, and preferred the enactment of Catholic emancipation to the alternative of civil war; and then wondered in its turn that Ireland still remained unpacified. Then came a terrible famine, followed by evictions on a scale so vast and cruel that the late Sir Robert Peel declared that no parallel could be found for such a tale of inhumanity in "the records of any country, civilized or barbarous." Another generation, pluming itself on its enlightened views and kind intentions, passed the Encumbered Estates Act, which delivered the Irish tenants over to the tender mercies of speculators and money-lenders; and then Parliament for a time closed its eyes and ears, and relied upon force alone to keep Ireland quiet. It rejected every suggestion of reform in the Land laws; and a great Minister, himself an Irish landlord, dismissed the whole subject in the flippant epigram that "tenant-right was landlord-wrong." Since then the Irish Church has been disestablished, and two Land Acts have been passed; yet we seem to be as far as ever from the pacification of Ireland. Surely it is time to inquire whether the evil is not inherent in our system of governing Ireland, and whether there is any other cure than that which De Beaumont suggested, namely, the destruction of the system. It is probable that there is not in all London a more humane or a more kind-hearted man than Lord Salisbury. Yet Lord Salisbury's Government will do some harsh and inequitable things in Ireland this winter, just as Liberal Governments have done during their term of office. The fault is not in the men, but in the system which they have to administer. I see no reason to doubt that Sir M. Hicks-Beach did the best he could under the circumstances; but, unfortunately, bad is the best. In a conversation which I had with Dr. Döllinger while he was in full communion with his Church, I ventured to ask him whether he thought that a new Pope, of Liberal ideas, force of character, and commanding ability, would make any great difference in the Papal system. "No," he replied, "the Curial system is the growth of centuries, and there can be no change of any consequence while it lasts. Many a Pope has begun with brave projects of reform; but the struggle has been brief, and the end has been invariably the same: the Pope has been forced to succumb. His _entourage_ has been too much for him. He has found himself enclosed in a system which was too strong for him, wheel within wheel; and while the system lasts the most enlightened ideas and the best intentions are in the long run unavailing." This criticism applies, _mutatis mutandis_, to what may be called the Curial system of Dublin Castle. It is a species of political Ultramontanism, exercising supreme power behind the screen of an official infallibility on which there is practically no check, since Parliament has never hitherto refused to grant it any power which it demanded for enforcing its decrees.

There is, moreover, another consideration which must convince any dispassionate mind which ponders it, that the British Parliament is incompetent to manage Irish affairs, and must become increasingly incompetent year by year. In ordinary circumstances Parliament sits about twenty-seven weeks out of the fifty-two. Five out of the twenty-seven may safely be subtracted for holidays, debates on the Address, and other debates apart from ordinary business. That leaves twenty-two weeks, and out of these two nights a week are at the disposal of the Government and three at the disposal of private members; leaving in all forty-four days for the Government and sixty-six for private members. Into those forty-four nights Government must compress all its yearly programme of legislation for the whole of the British Empire, from the settlement of some petty dispute about land in the Hebrides, to some question of high policy in Egypt, India, or other portions of the Queen's world-wide empire; and all this amidst endless distractions, enforced attendance through dreary debates and vapid talk, and a running fire of cross-examination from any volunteer questioner out of the six hundred odd members who sit outside the Government circle. The consequence is, that Parliament is getting less able every year to overtake the mass of business which comes before it. Each year contributes its quota of inevitable arrears to the accumulated mass of previous Sessions, and the process will go on multiplying in increasing ratio as the complex and multiform needs of modern life increase. The large addition recently made to the electorate of the United Kingdom is already forcing a crop of fresh subjects on the attention of Parliament, as well as presenting old ones from new points of view. Plans of devolution and Grand Committees will fail to cope with this evil. To overcome it we need some organic change in our present Parliamentary system, some form of decentralization, which shall leave the Imperial Parliament supreme over all subordinate bodies, yet relegate to the historic and geographical divisions of the United Kingdom the management severally of their own local affairs.

I should have better hope from governing Ireland (if it were possible) as we govern India, than from the present Unionist method of leaving "things as they are." A Viceroy surrounded by a Council of trained officials, and in semi-independence of Parliament, would have settled the Irish question, land and all, long ago. But imagine India governed on the model of Ireland: the Viceroy and the most important member of his Government changing with every change of Administration at Westminster;[19] his Council and the official class in general consisting almost exclusively of native Mussulmans, deeply prejudiced by religious and traditional enmity against the great mass of the population; himself generally subordinate to his Chief Secretary, and exposed to the daily criticism of an ignorant Parliament and to the determined hostility of eighty-six Hindoos, holding seats in Parliament as the representatives of the vast majority of the people of India, and resenting bitterly the domination of the hereditary oppressors of their race. How long could the Government of India be carried on under such conditions?

Viewing it all round, then, it must be admitted that the problem of governing Ireland while leaving things as they are is a sufficiently formidable one. Read the remarkable admissions which the facts have forced from intelligent opponents of Home Rule like Mr. Dicey, and add to them all the other evils which are rooted in our existing system of Irish government, and then consider what hope there is, under "things as they are," of "sedulously doing justice to every demand from Ireland," "strenuously, and without fear or favour, asserting the equal rights of landlords and tenants, Protestants and Catholics," "putting down every outrage, and reforming every abuse;" and all the "while refusing to accede to the wishes of millions of Irishmen" for a fundamental change in a political arrangement that has for centuries produced all the mischief which the so-called Unionist party are forced to admit, and much more besides, while it has at the same time frustrated every serious endeavour to bring about the better state of things which they expect from--what? From "things as they are!" As well expect grapes from thorns, or figs from thistles. While the tree remains the same, no amount of weeding, or pruning, or manuring, or change of culture, will make it bring forth different fruit. Mr. Dicey, among others, has demolished what Lord Beaconsfield used to call the "bit-by-bit" reformers of Irish Government--those who would administer homoeopathic doses of local self-government, but always under protest that the supply was to stop short of what would satisfy the hunger of the patient. But a continuance of "things as they are," gilded with a thin tissue of benevolent hopes and aspirations, is scarcely a more promising remedy for the ills of Ireland. Is it not time to try some new treatment--one which has been tried in similar cases, and always with success? One only policy has never been tried in Ireland--honest Home Rule.