WRITTEN BY DAVID YOUNG, EDITOR
NORTH BRITISH AGRICULTURIST, EDINBURGH, SCOTLAND.
[Owing to the author having been away from Scotland for 27 years, with the
exception of short visits to his calf country, and consequently not in close
touch with his father's semi-political work. Chapter X
is a composite one, in three parts.]
In the course of his long and
very strenuous life, Mr. Clay rendered great service to all who are engaged
either directly or indirectly in the agricultural industry. His service in the
interest of British agriculture consisted mainly in heading a movement, or
rather a series of movements, for wresting from the reluctant hands of
Parliament, a series of legislative measures designed to safeguard the rights
and promote the interests of the tillers of the soil. He was particularly well
fitted to act as the leader of any such movement, as he was a strong man
mentally and physically; and in addition to these great qualifications he had a
high sense of public duty. When he first entered on business as a farmer he
found the conditions affecting agriculture were very far from satisfactory. His
blood boiled at seeing tenant farmers condemned to grow crops to be in a large
measure destroyed by game which were held sacred for the sport of the landlord;
and his soul revolted at the tenant's improvements on the farm being confiscated
by the landlord at the termination of the tenancy. Like the hero of Locksley
Hall, he had dipped into the future far as human eye could see, and he foresaw
clearly enough that through foreign competition, free and subsidized education,
the dividing up of new and boundless virgin lands in the far west, and the
fascinations of the cities, with their many avenues to wealth and poverty, and
their attractions in the forms of theatres, music-halls, etc., the questions of
agricultural depression, rural depopulation and physical determination would
even in his time become burning ones. In the agricultural controversies that
engaged the leading minds in his earlier days, such as the Bondage System, the
Law of Hypothec, the Game Laws, etc., he took a leading part. There were men of
might in those days: Wilson, Edington; Barclay, Auchlossan; Pindlater, Balvinie;
Smith, West Drums; Goodlet, Bolshan, etc., and he was one of them. He shared
with them the labors and responsibility of leadership, and he found, as they
did, that dreary was the long campaign in these days when the rural laborers
were not enfranchised, as they afterwards were in the early eighties. But more
than any of the agricultural leaders of these days he bent his energies in the
direction of urging legislation which should secure the tenant farmers just
rights in the improvements which he executed on his farm, so that every fanner
should have the fullest encouragement to develop in the highest degree there
sources of his holding. He grudged no sacrifice of time, labor or money for this
course, and as is elsewhere noted in this memoir he led a forlorn hope in a
Parliamentary contest for the cause which he had so much at heart. At length,
however, he got the chance he had wished and waited for so long, as in 1879 he
was appointed a member of the Royal Agricultural Commission. By that time nearly
all the old warriors who had led the ranks of agricultural reformers in his
earlier days had either "crossed the bar," or had found the burden of age too
heavy to be borne in the fighting line. His position on the Commission was one
which called for all his fighting energy and strategy. He was the only
representative of the tenant farmer interests on the Commission, and although
some of his fellow members were "chevaliers sans peur et sans reproche" they
were mostly landlords, and as such were naturally averse to the old, established
privileges of landlordism being in any way curtailed. But "thrice is he armed
who hath his quarrel just," and strong in the justice of the cause he championed
he prepared for the fight which, as he felt convinced, could have but one issue.
He first of all succeeded in getting his old friend, Mr. James Hope, appointed
assistant commissioner, as he knew full well that Mr. Hope was heart and soul
with him in the reforms he was bent on achieving. It is not too much to say that
it is to the joint efforts of these two men that the agriculturists of Scotland
are mainly indebted for the legislation which secured to them their present
rights over the capital they invested in the improvement of their holdings.
These two comrades in arms were in many ways not at all alike. Mr. Clay was a
stalwart, physically and mentally, outspoken to a degree and wholly opposed to
compromise in any form. Mr. Hope was slim and wiry, and more inclined to rely on
his great powers of persuasion, while he was not at all disinclined to make a
compromise provided that his clients, the tenant farmers of Scotland, got the
best of the bargain. Mr. Clay had spent his life in battling with adverse forces
in the farming with poor soil which was difficult to work and did not respond
very readily, even to the most generous treatment. Hope, on the other hand, had
spent his life in farming some of the most fertile and generous soil in the
kingdom, or in the world. The two friends differed also in politics, for Mr.
Clay had always been a leader in the party of what Andrew Carnegie called
"Triumphant Democracy," whereas Mr. Hope had thrown in his lot with what Sir
Walter Scott called "the more gentlemanly party of the two." But although they
were unlike in many ways these two comrades, whose friendship began on the
school forms at Musselburgh, and had never for a moment been interrupted,
trusted each other implicitly, and resolved that they would leave no stone
unturned to secure the just rights of the tenant farmers. Mr. Hope, with the
warm approval of Mr. Clay, selected as his legal adviser in his work as
assistant commissioner, Mr. David Curror, the venerable secretary of the
Scottish Chamber of Agriculture, who had all along been a strenuous advocate of
justice and progress in agricultural legislation. Just as the work of the
commission was about to commence, the Government of the day passed an act
abolishing the Law of Hypothec, as there was a general election pending and this
would be a sop to the agricultural Cerberus. At the commencement of the work of
the commission Mr. Clay and Mr. Hope took care to keep in the forefront of the
inquiry the necessity for a drastic amendment of the Game Laws; and the new
Government which entered office shortly afterwards made it their first business
to pass an act which invested all occupiers of agricultural land with the
inalienable right to kill and take ground game. The passing of these measures
enabled Mr. Clay and Mr. Hope to concentrate their efforts on securing a
satisfactory Tenant Rights Act. Many and long and earnest were the consultations
which these friends had with Mr. Curror in the drafting of their findings,
memoranda, etc., for the commission. Mr. Hope's report to the Commission was a
masterpiece of incontrovertible argument in favor of the reform which he and Mr.
Clay had set their hearts upon winning for the tenant farmers, and Mr. Clay
pressed home with ceaseless and relentless vigor these same arguments on his
fellow-members of the Commission. The result was that the Commission, though
mostly composed of landlords who disliked the idea of their privileges being
curtailed, were drawn into reporting in favor of the reform so ably advocated by
Mr. Clay and Mr. Hope.
In 1883 the Government of the day took up in earnest the work
of passing an act which should embody the findings of that Commission. Mr. Clay
was indefatigable in his efforts to get this act made right at the outset, and
not only did he and Mr. Hope and Mr. Curror give invaluable assistance in the
drafting of the bill, but while the bill was in the Committee stage Mr. Clay
spent most of the time in London in close and constant consultation with Mr. J.
B. Balfour (afterwards Baron Kinross, Lord President of the Court of Sessions)
who had charge of the measure. But Parliament had not then been educated up to
the extent of passing a satisfactory act on the subject, and besides there was
then a widespread though groundless fear that if tenant farmers were to be
appointed arbiters to assess the value of the unexhausted improvements executed
by their fellow tenants they would be all but certain to show a very decided
animus against the landlords. On this account the Parliament of the day declined
to make the measure so thorough-going as it should have been, and various
amendments introduced by the House of Lords tended still further to weaken the
measure. Mr. Clay clearly foresaw that the Bill as whittled down by its enemies
in the Commons and in the Lords as well would very soon have to be followed by
an amending act, and he never hesitated to say so. With all its defects,
however, the Agricultural Holdings Act of 1883 proved a useful measure, and was
hailed as a boon and a blessing to agriculturists. At first many landlords were
bitterly hostile to the principle of the Act, and every claim for compensation
against them was fought with a tenacity worthy of a better cause. As the costs
of such contested references conducted by two arbiters and an oversman were
often very heavy, a short amending act was passed in 1889 decreeing that either
party to a reference could call upon the Sheriff of the County to appoint a
single arbiter as being a step in the way of economical administration; but the
defects which Mr. Clay and Mr. Hope had all along pointed out in the Act were
always making their influence felt, and particularly in England, where the work
of arbitration seemed to have been monopolized by land agents who never erred on
the side of generosity when dealing with the claims of improving tenants. In
1893 the state of agriculture was far from prosperous, and a new Royal
Commission was appointed to investigate and report upon the best measures to be
adopted for improving the condition of agriculture. Mr. Clay was again called
upon to represent the interests of tenant farmers on that Commission, and he
readily responded to the call, though it was no light matter for a man who was
passing the three score years and ten to travel to and from Edinburgh to London,
week after week, and spend long weary hours in hearing and sifting evidence, and
in interminable discussions on agricultural depression. Mr. Hope was again
called upon to act as assistant commissioner for Scotland, and he too readily
responded to the call. By that time Mr. Curror, the much respected secretary of
the Scottish Chamber of Agriculture who had acted as Mr. Hope's legal adviser in
the first Commission, was practically retired on account of old age and failing
health. Mr. Hope, therefore, with Mr. Clay's cordial concurrence selected as his
legal adviser Mr. Guild, W. S., who as a lawyer, a factor and a farmer had
thorough knowledge of agricultural law and practice, and was well known to be in
fullest accord with Mr. Clay and Mr. Hope in regard to agricultural reforms. Mr.
Hope, accompanied and assisted by Mr. Guild, conducted a most exhaustive
investigation, and again drew up a masterly report which attracted great
attention from the commission and the country. In the said report Mr. Hope again
adduced abundant evidence to show that the passing of a measure which would give
the tenant farmers full security over all their unexhausted improvements was the
one legislative measure which was most urgently demanded in the interests of
agriculture. Again, as in the case of the former report, Mr. Clay pressed home
with great force on his fellow commissioners the facts stated in Mr. Hope's
report. There were three points brought prominently out in that report which Mr.
Clay particularly insisted on. In the first place he strongly insisted that
compensation should be allowed for the laying down of land to temporary pasture
as being an improvement of the most important order where the land was well laid
down and had abundance of cake consumed upon it by stock. In the second place he
urged that compensation should be allowed for the consumption on the holding of
home-grown produce, which he was entitled to sell off, whereas if he sold that
home-grown produce and bought similar produce for consumption he could claim
compensation for that. In the third place he urged that the Board of Agriculture
should be empowered, on the application of either party to the reference, to
appoint a single arbiter who would be empowered to disallow the costs of any
unnecessary proof, and would be instructed to allocate the costs of the
reference in proportion to the relative success of the parties. Much hard
fighting had to be done before these reforms could be carried, but in the end
the Commissioners agreed to recommend them, and in 1900 Parliament passed an Act
embodying these reforms. The result has been highly satisfactory, and now little
or no complaint is ever heard in regard to the question of compensation for
unexhausted improvements. The Agricultural Holdings Act has been well called the
Tenant Farmers' Magna Charta. Most certainly the tenant farmers of Great Britain
have good cause to remember with sincerest gratitude the noble and devoted part
which Mr. Clay and Mr. Hope acted in securing for them this great act.