The question of proprietory rights is not confined to
land. It extends also to mines, water-powers and all things natural and
material.
On Canada's horizon, today looms large, the question
of water-powerss. Whose in the future are they to be? Shall they belong
to the people of Canada? Or shall they become the property of soulless
corporations whose only object will be self-advancement and enrichment?
It is not a question as to which method is likely to
prove the more economical in the present or in the future, immediate or
remote. We of the present are the trustees and custodians of the
property of posterity, which we, as such, have no moral right to
alienate. It may be that we are incapable of managing so large an
estate, but we have no right to assume that posterity will be as
inefficient as we. Their right is to have reserved for them, and
delivered to them, their whole estate, with all their natural rights
intact, in order that each generation as it comes to maturity, may
become the possessor of all its natural heritage, together with the
accumulated experience of its management that may have been acquired,
successively, by the generations going before.
While these are my individual convictions, I am free
to say that I am by no means convinced that landlordism, as it has
heretofore existed in Scotland, has been an unmixed evil. Indeed, I am
sure that the country would not have been better had any other method
been adopted. Had the land been in possession of the tenants, without
rent or other burden, the certainty is that in the majority of cases,
the holdings would have income subdivided until a living, in most cases
would have become impossible, for the majority of the owners, if free to
do so, would have sold out their possessions. As it was, the necessity
of raising the yearly rental compelled a not too willing or progressive
tenantry to habits of industry and thrift that they might not otherwise
have attained. The proprietors, in recent years at least, have also been
the means of continuing advances in the methods of agriculture,
sometimes in the face of great opposition. Another advantage, however
little appreciated by the tenants, and for which the proprietors deserve
no credit, was the necessity for emigration which the landlord system
made inevitable.
On the larger estates the proprietors were mostly
non-resident and knew practically nothing of their tenants. Mr.
Farquharson, the old laird of Invercauld called once on my father at
Tillymutton and seemed inclined to accept an invitation to enter his
humble dwelling there, but for Mr. Roy, his factor, who accompanied him,
that was too great a condescension, and through his influence, the
invitation was declined. His son. Colonel Farquharson. who succeeded to
the estate some years prior to our leaving, never visited his Cromar
tenants at any time, and not until he had determined to sell that part
of his estate, did he ever, to my knowledge, even come to see it. His
father seems to have been a man of kindly disposition who would not
willingly oppress his tenants. He had, however, a large family to
provide for, and the estate being entailed in favour of his eldest son,
I suppose he had found it difficult enough to make what he deemed
sufficient provision for the rest. My father at any rate, on one
occasion of special need, received at his hand, in a handsome manner a
special kindness which he never forgot, and which I here record to the
credit of the laird.
LONGER LEASES AND NEW LIBERTIES.
The system of tenancy from year to year, deplored
late in the eighteenth century by Rev. Mr. Farquharson had been
abandoned, and the leases throughout the Invercauld Estate, and probably
all through the country, possibly as early as 1809, and certainly not
later than 1828, were made terminable at the end of nineteen years after
their respective dates. The result was wonderful. Improvements were
undertaken that in the absence of security of tenure could never have
been thought of. Inspired by hope, fresh courage came to the tenants who
with quickened intelligence sought out and adopted new methods, and soon
to the least observant came the consciousness that a new era had dawned
on Cromar. Not only did new life come to the poor farmer, but to all
classes of society came a sort of rejuvenation. The cold and dreary
winter had passed, and spring had come with its beauty and promise.
A factor of no little importance, was the French
Revolution of 1789, whose reverberations wakened the sleeping world to a
realization of the rights of the common people, and of the degradation
into which they had been brought by the arrogance and oppression of
self-appointed rulers and their satelites. Happily for Britain and the
rest of the world, the horrors which the French Revolution developed as
it progressed, proved a sufficient deterrent from the adoption of
excesses such as those by which that fateful movement had been
characterized. Relief of the masses from the impotent degradation of
which thinking men had now become conscious, could not be longer
postponed. To the cautious and quickened intelligence of a fast-growing
aristocracy of industry and wealth, largely the fruitage of the numerous
mechanical inventions of the closing years of the eighteenth century, is
probably due, under Providence, the wise decision to seek redress by
evolution rather than by revolution. The shattering of the monarchy, and
the orgies of crime and violence which had characterized the French
Revolution were thus avoided, but in the councils of the nation the
common people must henceforth have a voice. The agitation for reform,
carried on for years, by and by became irresistible, and in 1832 the
Reform Act was passed. By this wise and just measure the right to the
franchise was extended to tenants whose rental amounted yearly to not
less in counties than fifty pounds, and in boroughs to not less than ten
pounds.
By this Act also were abolished fifty-six boroughs,
each of which had theretofore enjoyed parliamentary representation
controlled by a single person or family. By that moderate measure there
were added to the electorate 500,000 voters. The landed interests
generally looked upon the measure with much disfavour and regarded its
passage with dire apprehension. The anticipated evil results, however,
were never realized. Instead, there came to the common people a sense of
their own importance, and of their responsibility for the wise conduct
of public affairs. The change was good in many directions, but perhaps
no industry in the country derived from it more advantage than did that
of agriculture. Through the agency of the more practical if not more
enlightened popular representatives by whom the House of Commons was
thenceforth diluted, legislation was passed authorizing Government loans
at moderate interest for drainage and ether agricultural improvements.
Nor were the good effects of the new legislation limited to the
departments specially aided, but into the current of hopefulness to
which legislative assistance gave no small contribution, were drawn both
proprietors and tenants, by whose co-operation large areas of stony
moorland and bog were reclaimed and improved, and dwellings and
buildings as well as stone fences erected.
It need not be forgotten that the whole burden of the
improvements was ultimately borne by the tenant. By a yearly instalment,
together with yearly interest in full, in addition to his stipulated
rent, the borrowed money, as well as all advances made by the laird, had
to be paid by the tenant within a specified number of years as mutually
agreed. Not only so, but at the end of his lease the tenant was indeed a
fortunate exception if, for renewal of his lease, he was not called upon
to pay an advanced rental due to such of his own improvements as he had
undertaken on his own initiative and accomplished by his own unrequited
Industry.
The usual lease terms were that certain buildings,
when necessary, were to be built by the proprietor, the tenant doing all
the hauling of materials and usually I believe boarding the builders
while at work, the proprietor, of course, taking care that the rental
should be such that a profit would inure to him from the transaction.
All obligation on the part of the proprietor, however, was a matter of
contract, and the tenant had no rights other than those stipulated in
the lease. He might find it necessary to add new buildings during the
lease. If the proprietor saw fit he might assist in their construction,
but if the tenant proceeded with the work without the proprietor's
permission and promise to assist, it was done with the knowledge that it
was entirely at the tenant's expense, and that the building would
nevertheless become forthwith the property of the landlord, subject only
to use by the tenant during the currency of his Iease. It is true that
with regard to buildings the framing of a law that would be equitable to
both parties would be difficult, but surely some provision should have
been made for compulsory compensation at the end of a lease, to the
extent of its value to the estate, as then legally ascertained. The same
is true with regard to ditching, fencing and land clearance, as well as
to other valuable improvements which every progressive farmer ought to
be encouraged, for the good of the country, to undertake.
A LITTLE LOCAL DESPOT.
Law compulsion, however, is necessary only for the
lawless, and I have reason to believe that many proprietors had at least
the will to be liberal when the facts were brought before them
personally. Sometimes the estate factor, or manager, stood in the way,
himself acting the despot without the knowledge of his employer. Such a
factor seems to have had employment on the estate of Invercauld for
years about the second quarter of the nineteenth century. It was said
that he had a hand at an earlier date in the wholesale and inhumanely
executed eviction of the tenantry of The Duke of Sutherland from large
sections of his estate, for the creation of sheep-runs and deer forest.
Such work, whether justified on economic grounds or not, would not he
congenial to, and probably would not be undertaken by, a man of just or
sympathetic nature, and if undertaken, would not be conducive to the
development of such qualities.
These high qualities, if ever existent in this
factor, had vanished, apparently, before his advent on the banks of the
Dee. From all accounts, he seemed to hold the tenantry in supreme
contempt, never deigning to enter a tenant's house. His method of doing
business seems to have been to ride up to the door on horse-back and
summon out the tenant. Promptly, hat in hand, the tenant would appear,
when the great man would immediately turn his horse around, and
retracing his steps towards the highway deliver his message from the
saddle, as the tenant meekly followed on foot to receive instructions,
open the gate and see His Eminence safely through. Shown to a gentleman
worthy of respect, the highest courtesy and deference ought to be a
delight, but when rendered on the demand of a snob it becomes mere
obsequious subserviency.
Sometimes this boorishness was met with the contempt
that it deserved. Of one such instance my father used to tell with much
appreciation. This factor had once occasion to call upon Donald
Farquharson, my father's brother-in-law, at Ballater, on some business,
Announcing himself at the door without dismounting, and likely by using
his whip instead of the knocker, response was given by my uncle in
person. The factor irnmediately proceeded to business, having first
declined the hospitality of the house for its discussion, and meantime
turning his horse's head towards the street. As soon as his intention
became manifest, my uncle bade hint "Good Bye," and returned to the
house, preferring to arrange the business with Invercauld's legal
representatives in Aberdeen, who were much amused at the factor's method
of doing business.
Not much more successful was he in managing a
waterbailie, a functionary whose duty it was to prevent poaching on the
river Dee. On one occasion the factor himself in passing along the
highway made the discovery that poachers were on the river at night with
fir torches the double purpose of which was both to attract and reveal
the finny beauties. Hastily securing the assistance of his bailie, he
took the lead towards the light along the bank of the river. The bailie,
however desirous in his own quiet way to put a stop to the infamous
practice, had no wish to be a party to the delivers' of the offenders to
his superior's tender mercies, so followed stumblingly in the darkness
the lead of the latter with ill-concealed annoyance. At last as they
neared their objective, the bailie, affecting to have sustained a
serious fall, called out in a loud voice, ''Oh, Mr. R. I'm killed."
Immediately the torches were submerged, and the poachers escaped in the
darkness, to the sad discomfiture of the factor and the secret
satisfaction of the bailie.