Chapter II

CRIME AND OUTRAGE BILL. HOUSE OF COMMONS, DECEMBER 13, 1847.

[Towards the conclusion of this year (1847) numerous crimes and outrages of a serious character were committed in Ireland. They were chiefly agrarian. In order to increase the powers of the Irish Executive, Parliament was invited in the Queen's Speech (Nov. 23) to take further precautions against the perpetration of crime in certain counties in Ireland. The Bill was moved by Sir George Grey on Nov. 29, and leave was given, by 224 votes to 18, was read a second time (296 to 19) on Dec. 9, and passed (174 to 14) on Dec. 13. It was passed in the House of Lords on Dec. 19. On July 31, 1848, the Irish Government proclaimed certain districts in which rebellion had broken out. Smith O'Brien and the other leaders of the insurgents were speedily arrested, tried, and convicted.]

I feel very much in the position of the hon. Member who has just addressed the House, for I am in some degree compelled to speak before this Bill is read a third time. I have presented a petition against the Bill, signed by more than 20,000 persons, inhabitants of the borough of Manchester, and I am unwilling to vote without briefly giving the reasons which make it impossible for me to oppose this Bill. When I recollect the circumstances attending the rejection of the Bill of 1846, for the protection of life in Ireland, I am convinced that the Government would not have brought forward the present measure if it had not appeared to them absolutely necessary, and that, but for this supposed necessity, it would never have been heard of.

The case of the Government, so far as the necessity for this Bill is concerned, seems to me to be as clear and as perfect as it can be. From the speech of the right hon. Gentleman the Secretary of the Home Department, from the unanimous statements of all the newspapers, and from the evidence of all parties connected with Ireland, it is placed beyond a doubt that in the disturbed districts of Ireland the ordinary law is utterly powerless. The reason why the law is carried into effect in England is, because the feeling of the people is in favour of it, and every man is willing to become and is in reality a peace officer, in order to further the ends of justice.

But in Ireland this state of things does not exist. The public sentiment in certain districts is depraved and thoroughly vitiated. [Mr. J. O'Connell, 'No! No!'] The hon. Member cries 'No, No;' but I maintain that in the disturbed districts the public or popular feeling is as I have described it. I do not mean to assert that all which the newspapers contain is true, or that they contain all the truth; but I ask the hon. Gentleman if he has not read accounts which are not contradicted, from which we learn that on the occurrence of some recent cases of assassination, whole districts have been in a state of rejoicing and exultation? These assassinations are not looked upon as murders, but rather as executions. Take the case of Mr. Lloyd, a clergyman, who was recently assassinated. There was no show of vindictive feeling on the part of his murderers; there was little of the character of ordinary murders in it. The servant was allowed to depart unharmed; a boy who was in the carriage was removed that he might not be injured; and the unhappy gentleman was shot with all the deliberation and the calmness with which a man would be made to suffer the extreme penalty of the law. It is clear, then, that the ordinary law fails, and that the Government have a case for the demand they make for an extension of the present powers of the law.

I do not say the present Bill will certainly be effective, but it is the less to be opposed because it does not greatly exceed or infringe the ordinary law; and it is the duty of the Legislature, when called upon to strengthen the Executive, to do so by the smallest possible infringement of the law and the constitution. But, to leave the particular measure now before us, I am bound to say that the case of the Government with respect to their Irish policy in general is not as good as could be wished. The Government has not shown the courage which is necessary to deal effectually with the difficulties of Ireland. They should remember what passed when the Poor-law was proposed for that country. They were told it would be a failure--that it could not be worked; but disregarding these statements, they passed the Bill; and I believe, since the Act of 1829, no measure has passed this House of equal benefit to Ireland. The noble Lord at the head of the Government has said that all parties are to be blamed for the misgovernment of Ireland; but he should remember the responsibility which is upon him, for he is now in the position of dictator on Irish questions, and whatever he proposes for that country, I verily believe, will find no successful opposition in this House.

There is another fact to which I would call attention. The Irish Members complain, and very justly, of the past legislation of this House; but when we call to mind that there are 105 of them here, of whom 60 or 70 are of Liberal politics or opinions, and that about 30 of them are Repealers, and hold very strong views with regard to the mismanagement of Irish affairs in the Imperial Parliament, I think we have a right to complain that they have not laid on the table of the House any one measure which they believe to be necessary to the prosperity of their country.

I have been in this House more than four years, and I have never yet seen the Irish Members bringing forward any proposition of a practical character--nor am I aware that they have supported any measure they deemed necessary for Ireland, with unanimity and earnestness, or with anything like perseverance and resolution. I am sure that 105, or even 30 English Members, sitting in a Parliament in Dublin, and believing their country had suffered from the effects of bad legislation, would, by their knowledge of the case, their business habits, activity, union, and perseverance, have showed a powerful front, and by uniting together, and working manfully in favour of any proposition they might think necessary to remedy the evils of which they complained, they would have forced it on the attention of the House. But the Irish Members have not done this. So far then, they are and have been as much to blame as any other Member of this House for the absence of good government in Ireland.

I will not, like them, complain of bad legislation, and propose no remedy. What is the condition of Ireland? Last year we voted millions to keep its population from starvation; and this year we have been asked for a further sum, but have not granted it. We maintain a large army in Ireland, and an armed police, which is an army in everything but in name, and yet we have in that country a condition of things which is not to be matched in any other civilised country on the face of the earth, and which is alike disgraceful to Ireland and to us. The great cause of Ireland's calamities is, that Ireland is idle. I believe it would be found, on inquiry, that the population of Ireland, as compared with that of England, do not work more than two days per week. Wherever a people are not industrious and are not employed, there is the greatest danger of crime and outrage. Ireland is idle, and therefore she starves; Ireland starves, and therefore she rebels. We must choose between industry and anarchy: we must have one or the other in Ireland. This proposition I believe to be incontrovertible, and I defy the House to give peace and prosperity to that country until they set in motion her industry, create and diffuse capital, and thus establish those gradations of rank and condition by which the whole social fabric can alone be held together.

But the idleness of the people of Ireland is not wholly their fault. It is for the most part a forced idleness, for it is notorious that when the Irish come to England, or remove to the United States or the Colonies, they are about the hardest working people in the world. We employ them down in Lancashire, and with the prospect of good pay they work about as well, and are as trustworthy, and quiet, and well-disposed to the law as the people of this country. The great secret of their idleness at home is, that there is little or no trade in Ireland; there are few flourishing towns to which the increasing population can resort for employment, so that there is a vast mass of people living on the land; and the land itself is not half so useful for their employment and sustentation as it might be. A great proportion of her skill, her strength, her sinews, and her labour, is useless to Ireland for the support of her population. Every year they have a large emigration, because there are a great number of persons with just enough means to transport themselves to other countries, who, finding it impossible to live at home in comfort, carry themselves and their capital out of Ireland; so that, year after year, she loses a large portion of those between the very poorest and the more wealthy classes of society, and with them many of the opportunities for the employment of labour.

I do not believe that the Bill for regulating the relations of landlord and tenant, as recommended by the hon. Member for the County of Limerick, will restore prosperity to Ireland. Such a measure may be passed with great advantage; but if it be intended by a Bill with this title to vest the ownership of the land in the present occupiers, I believe this House will never pass it, and if it did, that it would prove most fatal to the best interests of the country. I think we have a right to blame the Government that as yet we have not seen the Bill for the sale of encumbered estates in Ireland. I wish to ask why such a Bill is not ready before this? [Lord John Russell: 'The Bill has been ready a long time'] The noble Lord says the Bill has been ready long ago; but that statement only makes the Government open to greater blame, for if the Bill is ready, why has it not been brought forward before this? Last Session the Bill was withdrawn, and the reason given was that landlords and mortgagees did not like it. If the Government wait till the landlords and mortgagees like it, it will never be brought forward at all. Had they waited till the Irish landlords asked for the Poor-law, there would have been no Poor-law in Ireland now.

The Government should disregard the opposition of these parties, and should take their stand above all class interests. They must refuse to listen to the interested suggestions of one class or the other, and they must remember that they are the Executive Government of the country, and bound to act for the public good. There is an unanimous admission now that the misfortunes of Ireland are connected with the question of the management of the land. I have a theory that, in England as well as in Ireland, the proprietors of the soil are chiefly responsible for whatever bad legislation has been inflicted upon us. The ownership of land confers more political power than the possession of any other description of property. The Irish landowners have been willing parties to the past legislation for Ireland, and they have also had the administration and execution of the laws in that country. The encumbered condition of landed property in Ireland is at this moment the most pressing question. I am informed by a gentleman in Dublin, of the best means of information and of undoubted veracity, that in the province of Connaught there is not five per cent, of the land free from settlements of one kind or other, and that probably not one per cent, is free from mortgages. I have asked Irish Members of all parties if this be true, and not one of them is disposed to deny it; and if it be true, I say it is idle to seek elsewhere for the source of the evils of Ireland; and every day, nay, every hour we allow to go by without taking instant measures to remedy this crying mischief, only adds to the criminality which rests on us for our past legislation.

Patchwork legislation will not now succeed; speeches from the Lord Lieutenant--articles in the newspapers--lending to the landowners at 3 1/2 per cent. money raised by taxation from the traders of England, who have recently been paying 8 per cent.--all will fail to revive the industry of Ireland. I will now state what, in my opinion, is the remedy, and I beg to ask the attention of the Government to it, because, though they may now think it an extreme one, I am convinced that the time will come when they will be compelled to adopt it.

In the first place, it is their duty to bring in a Sale of Estates Bill, and make it easy for landowners who wish to dispose of their estates to do so. They should bring in a Bill to simplify the titles to land in Ireland. I understand that it is almost impossible to transfer an estate now, the difficulties in the way of a clear title being almost insurmountable. In the next place, they should diminish temporarily, if not permanently, all stamp duties which hinder the transfer of landed property, and they should pass a law by which the system of entailing estates should for the future be prevented. [Laughter.] I can assure hon. Gentlemen who laugh at this, that at some not distant day this must be done, and not in Ireland only, but in England also. It is an absurd and monstrous system, for it binds, as it were, the living under the power of the dead.

The principle on which the law should proceed is this, that the owner of property should be permitted to leave it to whomsoever he will, provided the individual is living when the will is made; but he should not be suffered, after he is dead, and buried, and forgotten, to speak and still to direct the channel through which the estate should pass. I shall be told that the law of entail in Ireland is the same as in England, and that in Scotland it is even more strict. I admit it; but the evil is great in England, and in Scotland it has become intolerable, and must soon be relaxed if not abolished. Perhaps I shall be told that the laws of entail and primogeniture are necessary for the maintenance of our aristocratic institutions; but if the evils of Ireland spring from this source, I say, perish your aristocratic institutions rather than that a whole nation should be in this terrible condition. If your aristocratic families would rear up their children in habits of business, and with some notions of duty and prudence, these mischievous arrangements would not be required, and they would retain in their possession estates at least as large as is compatible with the interests of the rest of the community. If the laws of entail and primogeniture are sound and just, why not apply them to personal property as well as to freehold? Imagine them in force in the middle classes of the community, and it will be seen at once that the unnatural system, if universal, would produce confusion; and confusion would necessitate its total abolition.

I am thoroughly convinced that everything the Government or Parliament can do for Ireland will be unavailing, unless the foundation of the work be laid well and deep, by clearing away the fetters under which land is now held, so that it may become the possession of real owners, and be made instrumental to the employment and sustentation of the people. Hon. Gentlemen opposite may fancy themselves interested in maintaining the present system; but there is surely no interest they can have in it which they will weigh against the safety and prosperity of Ireland? I speak as a representative from a county which suffers extremely from the condition of Ireland. Lancashire is periodically overrun by the pauperism of Ireland; for a year past it has suffered most seriously from the pestilence imported from Ireland; and many of the evils which in times past have been attributed to the extension of manufactures in that county have arisen from the enormous immigration of a suffering and pauperized people driven for sustenance from their own country.

As a Lancashire representative, I protest most solemnly against a system which drives the Irish population to seek work and wages in this country and in other countries, when both might be afforded them at home. Parliament is bound to remedy this state of things. The present Parliament contains a larger number of men of business and of members representing the middle classes than any former Parliament. The present Government is essentially of the middle class--[a laugh]--and its Members have on many occasions shown their sympathy with it. Let the hon. Gentleman laugh; but he will not deny that no Government can long have a majority in this House which does not sympathise with the great middle class of this country. If the Government will manfully and courageously grapple with the question of the condition of land in Ireland, they will, I am convinced, be supported by a majority of the Members of this House, they will enable the strength and skill of Irishmen to be expended on their own soil, and lay the foundation of her certain prosperity by giving that stimulus and reward to industry which it cannot have in the present circumstances of that country. Sir, I feel it impossible to refuse my vote in favour of the Bill now before us; but I am compelled to say, that unless the Government will zealously promote measures in the direction I have indicated, they cannot hope long to retain the confidence of this House or of the country.

* * * * *

IRELAND.