There are three classes of people in the
Highlands, whose peculiar circumstances must he embraced in any
remedial scheme intended to be applied to that distressed portion of
the country. The first is the pauper class, consisting of the aged
and infirm, widows with families of young children, and persons
disabled by disease or by some bodily or mental defect. The second
is the cottar class, or day-labourers, who have been permitted to
squat upon the large farms, and for the privilege of growing a crop
of potatoes, have become to a certain extent affixed to these farms,
to which they mast give their labour in the first instance, and fill
up the remainder of their time with employment wherever they can
find it. The third class are the crofters, who hold a few acres of
land, either directly from the proprietor or as sub-tenants of the
tacksmen, and who are also dependent upon day-labour for part of
their subsistence. The whole of these classes have been vitally
injured in their circumstances by the loss of the potato as an
article of food. The whole of them are more or loss exposed to
famine; the whole of them are involved in suffering as painful and
distressing as afflict any portion of her Majesty’s subjects; and to
exclude them from a share of the legislative efforts so freely
extended to the co-suffering classes of Ireland, would be a narrow
and discreditable policy, utterly alien to every good quality of
free and representative government.
We propose to glance at the condition of each of these classes, and
endeavour in few words to show what the Legislature may do for their
relief.
Respecting the first class there can be little difference of
opinion. Their allowances under the poor-law were insufficient to
maintain them, even when the potato made living cheap to the poor;
and since the disappearance of the potato, they are a great deal
more insufficient than ever. It has always been allowed that the
poor—those who can do nothing for themselves—should be fed, clothed,
and lodged, out of the common store of the society in which they
live. This is a nearly universal maxim. Christianity teaches it. The
voice of reason, of benevolence, and of justice, have made it the
law of nations. It is the law of England, and it is the law in many
parishes of Scotland. Why should it not also be the law in the
Highlands? The common objection, that the poor would eat up the
entire rental, is a bugbear, which vanishes on the first appeal to
figures. The annual value of real property in the four counties of
Sutherland, Ross, Inverness, and Argyle, is £597,490 18s. A pound of
rent in the Highlands is surely able to do as much for the poor as
in the Lowlands, or in England. Yet the whole sum expended annually
in these four Highland counties on the relief of the poor, including
expenses of management and litigation, amounts only to £12.534 7s.
8½d. Let this result be compared with the amount expended on the
poor in any Lowland district of equal rental, and it will be seen at
once to what an incredible extent Highland property evades its
obligations to the poor. An assessment of 2s. 6d. or 3s. per pound
is no unusual burden in English parishes, and until it rises above
2s. it is seldom a subject of either astonishment or complaint: in
these Highland counties, on the other hand, the burden of the poor
is only an insignificant fraction more than 5d. per pound! The
number of paupers in the four Highland counties, including those
receiving merely occasional relief, is 8,751. This may be considered
a pretty accurate measure of the utmost limits of pauperism, for it
is seldom that any person entitled to relief does not find
admittance at least to the "occasional” list. The pittances usually
bestowed are too insignificant to encourage absolute denials of aid,
and a small occasional relief is the pretence by which the poor's
boards expect to fence off the poor from the more solid advantages
of the permanent roll. Supposing, therefore, that the right of the
whole 8,751 individuals to relief was fully admitted, the existing
allowances to the poor in these four counties might still be
doubled, trebled, and even quadrupled, without raising the
assessment upon real property above the limits which are reckoned
easy and moderate in other parts of the country. What becomes of the
alleged inability of Highland property to relieve the poor? It falls
entirely to the ground before these facts; and no such groundless
excuse can be accepted for the non-administration of a law which has
been found necessary to prevent famine in every part of the three
kingdoms, as well as in the Highlands.
What, then, are the obstacles which defeat the administration of the
poor-law in the Highlands? Let this question be clearly opened up,
and the course to be taken by the Legislature will become plain and
evident. Consider how the poor are situated. In the first instance,
they can only get relief with the consent of a poor’s board, which
has a direct pecuniary interest in withholding it, or in cutting it
down to the most inadequate limits. This is the first difficulty in
the pauper's course; and in contending with this one, other
difficulties multiply on every side. He is naturally weak, while his
antagonists are naturally strong. He may be equally ignorant of the
precise rights which the law allows him, and of the proper steps to
be taken to enforce these rights. And even if fully instructed on
these points, what means has he of prosecuting his interests? If in
the Highlands he may be living fifty or a hundred miles from any
seat of law, in solitary and unpeopled districts, where even public
opinion has no existence and no power. He may not be able so much as
to write a letter, or even to speak an intelligible language ; and
yet the system of terrorism established in the Highlands is so
complete, that he may not have a single friend or neighbour who dare
discharge these simple duties for him. It is impossible to conceive
a more helpless position than that of Highland paupers. At once dumb
and blind, they can neither give utterance to their wrongs, nor
perceive an avenue of redressing them. Their opponents, on the
contrary, have every advantage—wealth, power, information, official
prestige—every resource and appliance calculated either to mystify,
cajole, or frighten them. Such are the enormous disadvantages which
must beset the Highland pauper under the most favourable
circumstances. But these were not considered enough; and the
Legislature, fearful, forsooth, lest he might have too much power
and get too much his own way, proceeded to strew his path with all
manner of legal circuities and restrictions. As the first great
step, the courts of justice were closed against the poor. No pauper
is permitted, under the Act of 1845, to appeal to the Court of
Session when denied relief, or in anywise unjustly treated by the
parochial boards. Even the Sheriffs of counties are debarred from
giving the poor man justice, when he is deprived of adequate relief.
No appeal, in short, is allowed the pauper except to the Board of
Supervision, which sits in secret, hears only one side of a case,
refuses to take evidence or listen to pleadings, allows no expenses,
and gives no reasons for its decisions. What possible chance of
justice can remain to the pauper under such a system? Naturally
weak, the Act of 1845 laid him utterly prostrate at the feet of the
parochial boards; and the poor-law is consequently unadministered.
The Legislature truckled to the Highland Lairds when it consented to
this bitter mockery of justice; and the crime must not be fully
expiated. Parliament must retrace its steps. The constitutional
control of the Court of Session as supreme court of review must be
restored ; the Sheriffs, who have all the means of information
peculiar to local judges, must be empowered to entertain and decide
questions of amount of relief; and the Board of Supervision must be
compelled to alter its Star Chamber form of procedure, and give a
fair and open hearing to the complaining pauper. Instead of
obstructing, legislative ingenuity must be exerted to facilitate the
obtainment of relief. Till those changes take place, the Highland
lairds will have absolute mastery, and Highland, property continue
to evade its fundamental obligations. But let the poor have direct
and easy access to courts of justice, give them every facility of
making their wants known, and of having their claims impartially
investigated and determined by disinterested and unprejudiced
tribunals, and the tide will turn, the poor-law will be gradually
enforced, and a sure and effective remedy provided in every Highland
parish for the famine which threatens and afflicts the pauper class
of the population.
The second or cottar class forms a subject of much greater
difficulty. The condition of the Highland cottars must not be
confounded with that of the rural labourers who bear the same name
in the Lowlands. The Lowland cottar, like his Highland namesake, is
allowed a cottage, a piece of garden ground, and a planting of
potatoes; but in other respects his situation is totally different.
In addition to these perquisites, he receives constant employment on
his master’s farm at weekly or half-yearly wages. His daily labour
is indispensable to his employer, by whom he is consequently valued,
paid, maintained. He may be poor and humble, but he is independent.
He cannot be wanted, and therefore he must be fed. Let potatoes or
aught else fail, the Lowland cottar must no more be famished than
“the ox that treadeth out the corn.” But so different is the value
put upon the Highland cottars, that if a famine, a pestilence, or a
flood would come and sweep them all away, there would be few to
mourn their loss, and many, to a certainty, who would think that
pastoral concerns would move on all the better of the clearance. The
Highland cottars only live by sufferance on the outskirts of the
large sheep farms. They are barely tolerated. Barren spots have been
chosen out, and on these, more in contempt than even in pity, they
have been allowed to squat, to raise a hovel, and plant potatoes. In
return for these petty privileges, the tacksman holds a mortgage
over their personal services. They must be always ready at his call,
to carry seaware from the shore, or common manure from the
dung-heap, to sow his seed, to make his hay, to cut his peats, to
reap his corn, and in short to do every drudgery about the farm. If
he is a kind-hearted master he gives them a day’s food for every day
they work, but if he is a hard, illiberal man, the hovel and the
potato-patch pay for all. The labour of the cottar is openly decried
as a drug, a nuisance, a thing which the tacksman would as soon want
as have, and the cottar himself suffers degradation accordingly.
Serf, helot, slave—every epithet which has been used to designate
the multifarious forms of human bondage, fail fully to express the
reproach and wretchedness concentrated in the Highland cottar. There
is something in his lot which, exceeds the limits of all past or
contemporaneous bondage. He is a slave, and yet no man will
condescend to be his master. If prosperity shines upon him, the
tacksman can interrupt it and exact his labour; but if adversity
settles down upon his path, the tacksman can repudiate his connexion,
and leave him to his fate: so that he has neither the liberty of a
freeman nor the certain maintenance of a slave. The value of labour
has been utterly confounded in his eyes. He has never known what a
day’s work is really and truly worth. One day he gives his labour to
the tacksman, which goes to pay some indefinite fraction of certain
unvalued and insignificant privileges; and the next he runs an
errand or hauls a net, for which his remuneration may be as
disproportioned as in the former case it was unappreciable. Dangled
between these two extremes, he loses sight of the true use and
dignity of labour, and contracts a hatred of patient toil, a love of
idleness, and a miserable dependence upon chance, which nothing but
long years of training can eradicate. Such is the singular and
deplorable position of a large class of the Highland population,
whom the failure of the potato has brought to the very verge of
famine. Every one will perceive what requires to be done for their
amelioration. Their labour must, in the first place, be emancipated;
and, in the second place, it must be fully and constantly employed.
The tetters which bind the cottars to the car of the sheep farmers
must be totally destroyed. The labour of the one and the privileges
granted by the other must be permitted to find their proper value.
If the one has a day’s work to sell, let it be paid in money; and if
the other has a cottage or a piece of land to let, let a fair rent
be put upon it. And along with this definition and disentanglement
of interests, let there be an opening up of employment to give full
scope and to secure fair remuneration to the liberated energies of
the cottars. These measures lie at the foundation of all improvement
of the condition of this class of the population; but the means by
which the Legislature may bring about such desirable results, is a
point which we postpone till the reader glance with us for a moment
at the position and circumstances of the crofters.
The crofters, though not much less exposed to hardship and want than
the cottars, occupy a much higher position in the social scale. They
are holders of land; and though tenants-at-will, they pay rents, and
consequently are included in the circle of the landlord’s sympathy
and protection. Being their own masters, they are able to dispose of
their surplus labour more advantageously than the cottars. They are
also better versed in the art of managing the soil. Their experience
has not been confined to the cultivation of potatoes, but extends to
a rotation of crops and a proper system of manuring. They are owners
of two or three cows each, and in some instances, a few sheep. They
may also have a horse; perhaps a plough and some other implements of
husbandry. In short, by position, by experience, and by means, the
crofters are eminently adapted for becoming a substantial
small-farming class; while to the cottars must be assigned the more
humble position of day-labourers. In the meantime, however, the
crofter is entirely precluded from rising, and without immediate
measures for his relief, his course must be one of rapid
deterioration. His piece of land was in the most of cases too small,
even under potatoes, to afford a competent subsistence to his
family. The loss of that root has made the deficiency double or
treble what it was formerly, and his dependence upon day-labour is
proportionately increased. The opening up of employment, therefore,
is equally necessary to avert famine from the door of the crofter as
of the cottar. But there is this difference between the two, that
while constant employment at day-labour would be a positive advance
upon the cottar’s present condition, it would in the case of the
crofter be a positive retrogression; and consequently no measure of
amelioration can be complete which, besides increasing employment,
does not aim at extending and strengthening the crofter’s position
as a holder and cultivator of land*
In considering by what means the Legislature may save the Highland
cottars and crofters from impending famine, it is of the utmost
importance to feel that this is a problem of very solemn and unusual
urgency. If people come to this subject with the expectation of
proposing, or hearing proposed, remedies of the usual Parliamentary
cut, we may despair of ever seeing the extraordinary exigencies of
the present crisis successfully grappled with. The usual food of the
population, to which their habits and their industry have been
accommodated for more than half a century, has suddenly disappeared.
The loss can only be repaired by revolutionising the system of
society anew. Enthralled and idle cottars have to be converted into
free and independent labourers, and supplied with constant and
remunerative employment; while crofters, starving upon two, three,
or four acres of land, hare to be placed on small farms of double
and treble size. Such are the formidable social changes essentially
necessary to place the population in a position of even ordinary
safety. It is so far promising, and may be regarded as indicative of
the thorough manageableness of the crisis, that the^e changes
naturally lie within the sphere of the land-owners, and might easily
be introduced by them without the extraneous aid of new acts of
Parliament. Nothing short, indeed, of the plastic hand of
proprietorship can permanently mould the social system of the
Highlands into the new form prescribed famine and necessity; and
there cannot be a doubt, that if the Highland lairds were to apply
themselves to the task, they might speedily by their own private
measures accomplish all that is required. The sheep-walks, if broken
up into moderate farms, would give ample employment to the cottars;
while the waste lands in every parish afford the means of enlarging
the small farms of the crofters. The intention of the Duke of
Sutherland to adopt measures of this kind on the expiry of his
present leases, is a strong proof both of their advisability, and of
the change which is beginning to take place in the views of the
Highland proprietors. But hunger cannot and will not wait upon the
expiry of leases, or the slow progress of conversions. An immediate
remedy is required, and hence the necessity of Parliamentary
interference. Let a bill be passed, giving every starving man a
right to employment from his parish; and authorising a board of
works to appropriate the waste lands at a valuation, to set the
people to work in reclaiming them, and, in short, to carry out the
improvements as nearly as possible as if they had been undertaken by
the proprietors. Such a law would still leave the proprietors the
alternative of working out the necessary changes themselves. It
would only operate in parishes where the proprietors display a
culpable indifference to the sufferings of their fellow-creatures,
and the responsibilities of their position. It would stimulate
improvements; it would hasten the introduction of the new system
which is dawning on the Highlands; while at the same time it would
avert the pangs of hunger from the able-bodied population, and carry
them in safety over the dangers of a trying and calamitous period of
transition. Such is our legislative prescription for the destitution
of the Highland cottars and crofters. We content ourselves with
merely throwing out our idea, rough and unpolished, without entering
on details. Every man will have his own opinion of the minor
features of a parliamentary bill, but we express our conviction that
without such a measure in its main elements as we have suggested, it
will be impossible for the Legislature to stand with a clear
conscience before the suffering population 6f the Highlands. |