The Encumbered Estates Act—The Navigation Acts
repealed—Sharman Crawford's Tenant-Right Bill—Foundation of
Tenant-protection Societies— The General Tenant-Right Association holds
a Conference in Dublin — Dr. M'Knight, an Ulsterman and Presbyterian,
Editor of the Banner of Ulster, chosen as President—Establishment
of the Irish Tenant-Right League—A True Union of North and South—Napier,
the Irish Attorney-General, introduces Four Land Bills—They pass the
House of Commons, but are abandoned by the Lords—Lord-Chancellor Brady
on Orangemen—Agrarian Discontent—The Glenveagh
Evictions—Disestablishment of the Irish Church.
The history of Ulster now chiefly consists of a
chronicle of the various measures taken in Parliament to benefit the
country at large. One of the most important was entitled the Encumbered
Estates Act, finally passed on the 28th of July, 1849, the first result
of which was the establishment of the Encumbered Estates Court
Commission to carry out the sale of the estates of embarrassed owners.
The first idea of this mode of relief had been started by Sir Robert
Peel in 1846 in a casual remark made in the course of a debate upon the
Irish Poor Law, when he drew his illustration of the benefit likely to
accrue from the suggestion by the advantage enjoyed in the prosperous
condition of Ulster, which arose out of the resettlement of the province
by Cromwell in the seventeenth century. As we have seen, it had its
origin, not in Cromwell's resettlement, but in the fact that Ulster was
the last to abandon the old tribal system of land-tenure. This measure
was followed by the Land Improvements Act, by which a
Commission was established with funds at its disposal to be advanced to
the landlords for the improvement of land, to be repaid within limited
periods. The Poor Rate was gradually reduced, and a grant of £620,000
was voted in aid of the construction of railways. The Navigation Acts
were finally repealed this year (1849) and thus the last obstacle to the
cheap importation of food supplies was removed from the Statute-book. In
1850 several feeble attempts to settle the question of tenants'
improvements came to nothing. Sharman Crawford's Bill for extending the
Ulster custom was rejected. For several sessions he had introduced Bills
for this purpose, but without success, the majority of the members of
Parliament regarding Sharman Crawford's Bill as a proposal of
confiscation. A vigorous land agitation now commenced. Tenant-protection
Societies sprang up throughout the south and west, and early in the year
the tenants of Ulster, who at the beginning of the famine had formed a
general Tenant-Right Association, adopted the same plan of local
defence.
In order to present a united front, a Conference was
summoned "to devise some specific measure of legislation to be sought
for, and some plan of united action for its accomplishment". The
Conference met in Dublin on the 6th of August, 1850, and presented the
strange spectacle of a genuine league of the north and south. "Reserved
stern Covenanters from the north," says Sir Charles Gavan Duffy,
"ministers and their elders for the most part, with a group of brighter
recruits from a new generation, who came afterwards to be known as Young
Ulster, sat beside priests who had lived through the horrors of a famine
which left their churches empty and their graveyards overflowing;
flanked by farmers who survived that evil time like the veterans of a
hard campaign; while citizens, professional men, the popular journalists
from the four provinces, and the founders and officers of the Tenant
Protection Societies, completed the assembly." No dissenting voice was
raised when an Ulster man and Presbyterian, Dr. James M'Knight, the
editor of the Banner of Ulster, who had for years been pleading
the tenants' cause, was chosen as president. It was a league of north
and south, but only partially a league of Protestants and Catholics. The
Presbyterian leaders stood with the people, but the Episcopalians were
mostly ranged on the landlords' side, while the priests were fighting
their own battle in fighting that of the tenants.
Having discussed matters for three days the
conference resolved upon their programme, of which the chief points
were: fair rents to be determined by valuation; the exclusion of
tenants' improvements from the valuation; security from disturbance of
possession so long as the valuation rent was paid; and a provision of
relief with regard to arrears of rent which had accrued due during the
famine. These points the delegates determined to press upon Parliament.
The conference concluded by formally establishing the Irish Tenant-Right
League, and by appointing a general council of the four provinces.
For the two years following the leaders devoted
themselves mainly to popular agitation. Deputations were sent to all
parts of the country to spread the principles of the League, to enroll
new members, and to form local organizations. Presbyterians went to
preach the cause in the south, and Catholics to preach it in the north.
Everywhere the meetings were enthusiastic, and the Press took up the
subject with zeal and pleaded for justice to Ireland with acumen and
energy. Early in 1852 the Ministry was defeated on a Militia Bill, and
resigned, having held office for four years. The Earl of Derby then
formed a Conservative Ministry in which Benjamin Disraeli was Chancellor
of the Exchequer and Leader of the House of Commons. In the election the
Irish Tenant-Right League laboured with great energy to secure the
return of a tenant-right party. The candidates were pledged not only to
advocate tenant-right in Parliament, but to adopt a policy of
independent opposition, holding themselves aloof from both English
parties and supporting no Government which refused to grant a
satisfactory tenant-right measure.
Some fifty members were returned pledged to
tenant-right and independent opposition. To all appearance the League
had been so far successful that they had formed a party strong enough in
numbers to turn the scale on either side. In order to determine the
course of action, a Conference was held in Dublin two months before the
meeting of Parliament. The principles of Sharman Crawford's Bill, with
some additional clauses, were unanimously declared to be the minimum
that could be accepted, and it was also resolved that the tenant-right
members "should hold themselves perfectly independent of, and in
opposition to, all Governments which do not make it a part of their
policy, and a Cabinet question, to give to the tenantry of Ireland a
measure fully embodying the principles of Sharman Crawford's Bill".
In November, 1852, Napier, the Irish
Attorney-General, introduced four Bills which closely followed the
recommendations of the Devon Commission, and which admitted the
principle of nearly everything claimed by the League. These four Bills,
with the Bill of the Tenant-Right League, were referred to a select
committee. In the Lords the Earl of Roden asked whether, by consenting
to this course, the Government meant to give their sanction to
"propositions of so communistic a nature", a question which Lord Derby
evaded by summarizing the Napier Code without comment, and by declaring
that he thought the Bill of the Tenant League to be destructive of the
rights of property. The fall of the Ministry quickly followed. Every
Irish member who had pledged himself to the policy of independent
opposition was bound to stand on the other side, and on Disraeli's
Budget the Government were defeated by nineteen votes, and resigned in
December.
Lord Aberdeen now formed a Coalition Ministry,
consisting of Whigs and Peelites, and including Lord John Russell, Lord
Palmerston, and William Ewart Gladstone. The new Ministry was pledged to
a Free Trade policy. Certain members of the Irish Parliamentary party
took office in this Government: Mr. Keogh was made Solicitor-General for
Ireland, Mr. John Sadleir became a Lord of the Treasury, and Mr.
O'Flaherty was made a Commissioner of Income Tax. These men had been
pledged to the principle of the Tenant-Right League, and their
desertions helped to break it up. All unity of action disappeared, and
gradually the League lost its power in Parliament. In 1853 the Napier
Bills passed through the House of Commons. In the House of Lords they
were read a second time and then, on account of the opposition which
they excited, abandoned for the session. The only other matter of
interest in the Parliamentary history of the year was the extension of
the income-tax to Ireland.
The outbreak of the Crimean War early in 1854 placed
such measures as the Tenant-Right Bill in the background, Napier
indignantly asserting that "it is notorious that the House of Lords will
pass no such measure, and that for a Government to propose it to them,
or to pretend to support it, is an imposture and a sham". In 1856 the
Tenant League, which still met from time to time, resolved, after their
Bill had failed for the year, to clear it of its most objectionable
clauses—those legalizing the Ulster custom, the valuation clauses, the
O'Connell clause] providing that improvements should be presumed to be
the tenant's till the contrary was proved, and others which were likely
to be resisted—but the mutilated Bill met with even less respect than
its predecessors had done, and the question of tenant-right almost
ceased to excite any political interest.
Though the Crime and Outrage Act of 1848 had been
renewed from year to year, and still existed under the title of the
Peace Preservation Act, the country was still harassed by the crimes of
Ribbonmen and Orangemen. Belfast was the scene of many scandalous riots
caused by the latter. So dangerous to the peace of the country did this
organization appear to be that in 1857 Lord Chancellor Brady, in a
letter to Londonderry, gave notice that for the future he should require
from every person holding the Commission of the Peace an assurance that
he was not and would not, while he held the commission, become a member
of the society. This declaration raised a storm of indignation. Early in
1858 a deputation, headed by Mr. (afterwards Lord) Cairns, waited on
Lord Palmerston to present a memorial of protest against Lord Chancellor
Brady's declaration. They met with no encouragement. Lord Palmerston was
at a loss to understand the merits or use of the association, and gave
his opinion that nothing could be more desirable for the real interests
of Ireland than its complete abandonment, and thus the matter ended and
the Brady letter led to nothing.
Agrarian discontent reached such a pitch in 1859 that
the Government determined that something must be done to place the law
of landlord and tenant on a better footing. With this view two important
measures were carried through Parliament in 1860. The first of these,
the Landed Property (Ireland) Improvement Act, dealt with the existing
restrictions on the powers of limited owners, and with the improvements
effected by certain classes of tenants upon their holdings. The second
Act, the Landlord and Tenant Law Amendment Act (Ireland), consolidated
and amended the law. It declared that the relation should be deemed to
be founded on the express or implied contract of the parties, and not
upon tenure or service. The second Act made the tenant's position worse
than before. "Every improvement in the real property law", said
Professor Richey, "has been injurious to the tenants; to a man in
possession, a defendant in ejection, no system of law is so advantageous
as one hopelessly entangled and incomprehensible."
The first Act came into operation on the 2nd of
November, 1860; the second on the 1st of January, 1861. They did little
or nothing to lessen agrarian agitation. In November, 1860, the agent
who acted for Mr. Adair of Derryveagh, in Donegal, was murdered, and, as
the murderer could not be found, the district in which it was believed
he lived was cleared. This led to the notorious Glenveagh evictions,
whereby "Twenty-eight houses were unroofed or levelled; 46 houses
evicted; 47 families, comprising 37 husbands, 35 wives, 159 children, 13
other inmates, making a total of 244 persons", rendered homeless.
In 1862 the conditions of poor relief were greatly
modified by an Act passed in accordance with the recommendations of a
committee appointed in 1861 to enquire into the Irish Poor Law system.
The treasonous plottings of the Fenians or Irish
Revolutionary Brotherhood about this time (1865) assumed alarming
proportions. The association was organized in the United States, and
drew its chief strength from beyond the Atlantic. Possessed of a secret
machinery of passwords and oaths, it aimed at the separation of Ireland
from the British Crown. Money was raised, midnight drills were held, the
artisans and peasantry were induced to take the oath, and an
insurrection was fast ripening when an informer handed in a letter
written by James Stephens, a "Head centre", in which the writer declared
that "This year . . . the flag of the Irish Republic must be raised".
The Lord-Lieutenant, Lord Wodehouse, immediately took action and
suddenly seized some of the ring-leaders in the office of the Irish
People in Dublin. A Special Commission tried the prisoners, who were
sentenced to various terms of penal servitude.
Early in 1866 it was found necessary to suspend the
Habeas Corpus Act in Ireland—a step which had the effect of
driving the American adventurers out of the country; but arms and money
continued to pour into Ireland from the States. A slight rising in
March, 1867, was easily quelled by the Royal Irish Constabulary. By the
beginning of 1868 the violent phase of Fenianism was nearly at an end.
In February the failure of the Earl of Derby's health caused the
elevation of Disraeli to the position of Prime Minister. The other
prominent members of the Conservative Government were Lord Stanley, who
was Foreign Secretary, Sir Stafford Northcote, Indian Secretary, and Sir
Hugh (afterwards Earl) Cairns, who became Lord Chancellor. Mr. Gladstone
now moved a series of resolutions declaring the disestablishment of the
Irish Church to be just and necessary. The first and most important
resolution was carried by a large majority. There were many arguments
against disestablishment urged both within and without Parliament.
Towards the end of the struggle, when the inevitable result was
foreseen, loud were the threats of the Orange Association: "If ever they
dare", said the Rev. Mr. Flanagan, "to lay unholy hands upon the Church,
200,000 Orangemen will tell them it never shall be. . . . Protestant
loyalty must make itself understood. People will say, 'Oh, your loyalty
is conditional.' I say it is conditional, and it must be explained as
such. . . . We must speak out boldly and tell our gracious Queen that if
she break her oath, she has no longer any claim to the crown." That the
clergyman just quoted was not alone in his opinions may be seen from the
rhetoric employed by the Rev. Nash Griffin, who declared that the
Protestants "would not suffer themselves to be robbed of their
blood-bought rights. They were animated by the same spirit as broke the
boom, as closed the gates of Derry; by the same spirit as chased the
craven followers of James like timid sheep into the Boyne; and if one of
the two parties should go to the wall, it would not be the Protestants."
Such was the language employed. " In short," says Mr. G. P. Macdonell
(not the least brilliant of the essayists on Irish history) in words
written in 1907, "Great Britain appeared to be on the brink of a bloody
war with Ulster."
Parliament was dissolved in November. The general
election placed Gladstone in power, and on the 1st of March, 1869, he
introduced a Bill for the disestablishment and dis-endowment of the
Church of Ireland. After long and fierce debate it was read a third time
in the House of Commons by 361 votes to 247. Modifications were made in
accordance with amendments carried in the House of Lords, and the Bill
passed into law on the 26th of July. The provisions included
compensation for the Regium Donum and other payments to
Nonconformists. Thus was settled "the most beneficial and healing
measure which could possibly be passed for the United Kingdom in general
and for Ireland in particular".