Handbook of Home Rule Part 5

"(7.) Affecting this Act, except in so far as it is declared to be alterable by the Irish Legislature."

These restrictions differ from the exceptions, inasmuch as they do not prevent the Legislature of Ireland from dealing with the subjects to which they refer, but merely impose on it an obligation not to handle the specified matters in a manner detrimental to the interests of certain cla.s.ses of Her Majesty's subjects. For example, restrictions 1 to 4 are practically concerned in securing religious freedom; restriction 5 protects existing charters; restriction 6 is necessary, as will be seen hereinafter, to carrying into effect the financial scheme of the bill; restriction 7 is a consequence of the very framework of the Bill: it provides for the stability of the Irish const.i.tution, by declaring that the Irish Legislature is not competent to alter the const.i.tutional act to which it owes its existence, except on those points on which it is expressly permitted to make alterations.

Clause 5 is an exposition, so to speak, of the consequence which would seem to flow from the fact of the Queen being a const.i.tutional part of the Legislature. It states that the royal prerogatives with respect to the summoning, prorogation, and dissolution of the Irish legislative body are to be the same as the royal prerogatives in relation to the Imperial Parliament. The next clause (6) is comparatively immaterial; it merely provides that the duration of the Irish legislative body is to be quinquennial. As it deals with a matter of detail, it perhaps would have more aptly found a place in a subsequent part of the Bill. Clause 7 pa.s.ses from the legislative to the executive authority; it declares:--

(1.) The executive government of Ireland shall continue vested in Her Majesty, and shall be carried on by the Lord Lieutenant on behalf of Her Majesty with the aid of such officers and such council as to Her Majesty may from time to time seem fit.

(2.) Subject to any instructions which may from time to time be given by Her Majesty, the Lord Lieutenant shall give or withhold the a.s.sent of Her Majesty to bills pa.s.sed by the Irish legislative body, and shall exercise the prerogatives of Her Majesty in respect of the summoning, proroguing, and dissolving of the Irish legislative body, and any prerogatives the exercise of which may be delegated to him by Her Majesty.

Bearing in mind what has been said in the preliminary observations in respect of the relation between the executive and the legislative authority, it will be at once understood how much this clause implies, according to const.i.tutional maxims, of the dependence on the one hand of the Irish executive in respect of imperial matters, and of its independence in respect of local matters. The clause is practically co-ordinate and correlative with the clause conferring complete local powers on the Irish Legislature, while it preserves all imperial powers to the Imperial Legislature. The governor is an imperial officer, and will be bound to watch over imperial interests with a jealous scrutiny, and to veto any bill which may be injurious to those interests. On the other hand, as respects all local matters, he will act on and be guided by the advice of the Irish executive council. The system is, as has been shown above, self-acting. The governor, for local purposes, must have a council which is in harmony with the legislative body. If a council, supported by the legislative body and the governor do not agree, the governor must give way unless he can, by dismissing his council and dissolving the legislative body, obtain both a council and a legislative body which will support his views. As respects imperial questions, the case is different; here the last word rests with the mother country, and in the last resort a determination of the executive council, backed by the legislative body, to resist imperial rights, must be deemed an act of rebellion on the part of the Irish people, and be dealt with accordingly.

The above clauses contain the pith and marrow of the whole scheme. The exact const.i.tution of the legislative body, and the orders into which it should be divided, the exclusion or non-exclusion of the Irish members from the Imperial Parliament, indeed, the whole of the provisions found in the remainder of this Bill, are matters which might be altered without destroying, or even violently disarranging, the Home-rule scheme as above described.

Clauses 9, 10, and 11 provide for the const.i.tution of the legislative body; it differs materially from the colonial legislative bodies, and from the Legislature of the United States. For the purpose of deliberation it consists of one House only; for the purpose of voting on all questions (except interlocutory applications and questions of order), it is divided into two cla.s.ses, called in the Bill "Orders,"

each of which votes separately, with the result that a question on which the two orders disagree is deemed to be decided in the negative. The object of this arrangement is to diminish the chances of collision between the two branches of the Legislature, which have given rise to so much difficulty both in England and the colonies. Each order will have ample opportunity of learning the strength and hearing the arguments of the other order. They will therefore, each of them, proceed to a division with a full sense of the responsibility attaching to their action. A further safeguard is provided against a final conflict between the first and second orders. If the first order negative a proposition, that negative is in force only for a period of three years, unless a dissolution takes place sooner, in which case it is terminated at once; the lost bill or clause may then be submitted to the whole House, and if decided in the affirmative, and a.s.sented to by the Queen, becomes law.

The first order of the Irish legislative body comprises 103 members. It is intended to consist ultimately wholly of elective members; but for the next immediate period of thirty years the rights of the Irish representative peers are, as will be seen, scrupulously reserved. The plan is this: of the 103 members composing the first order, seventy-five are elective, and twenty-eight peerage members. The qualification of the elective members is an annual income of 200, or the possession of a capital sum of 4000 free from all charges. The elections are to be conducted in the electoral districts set out in the schedule to the Bill. The electors must possess land or tenements within the district of the annual value of 25. The twenty-eight peerage members consist of the existing twenty-eight representative peers, and any vacancies in their body during the next thirty years are to be filled up in the manner at present in use respecting the election of Irish representative peers.

The Irish representative peers cease to sit in the English Parliament; but a member of that body is not required to sit in the Irish Parliament without his a.s.sent, and the place of any existing peer refusing to sit in the Irish Parliament will be filled up as in the case of an ordinary vacancy. The elective members of the first order sit for ten years; every five years one half their number will retire. The members of the first order do not vacate their seats on a dissolution of the legislative body. At the expiration of thirty years, that is to say, upon the exhaustion of all the existing Irish representative peers, the whole of the upper order will consist of elective members. The second order consists of 204 members, that is to say, of the 103 existing Irish members (who are transferred to the Irish Parliament), and of 101 additional members to be elected by the county districts and the represented towns, in the same manner as that in which the present 101 members for counties and towns are elected--each const.i.tuency returning two instead of one member. If an existing member does not a.s.sent to his transfer, his seat is vacated.

A power is given to the Legislature of Ireland to enable the Royal University of Ireland to return two members.

The provisions with respect to this second order fall within the cla.s.s of enactments which are alterable by the Irish Legislature. After the first dissolution of parliament the Irish Legislature may deal with the second order in any manner they think fit, with the important restrictions:--(1) That in the distribution of members they must have due regard to population; (2) that they must not increase or diminish the number of members.

The transfer to the Irish legislative body of the Irish representative peers, and of the Irish members, involves their exclusion under ordinary circ.u.mstances from the Imperial Parliament, with this great exception, that whenever an alteration is proposed to be made in the fundamental provisions of the Irish Government Bill, a mode of procedure is devised for recalling both orders of the Irish legislative body to the Imperial Parliament for the purpose of obtaining their consent to such alteration (clause 39).

Further, it is right to state here that Mr. Gladstone in his speech on the second reading of the Bill proposed to provide, "that when any proposal for taxation was made affecting the condition of Ireland, Irish members should have an opportunity of appearing in the House to take a share in the transaction of that business."

Questions arising as to whether the Irish Parliament has or not exceeded its const.i.tutional powers may be determined by the ordinary courts of law in the first instance; the ultimate appeal lies to the Judicial Committee of the Privy Council. An additional safeguard is provided by declaring that before a provision in a Bill becomes law, the Lord Lieutenant may take the opinion of the Judicial Committee of the Privy Council as to its legality, and further, that without subjecting private litigants to the expense of trying the const.i.tutionality of an Act, the Lord Lieutenant may, of his own motion, move the judicial committee to determine the question. With a view to secure absolute impartiality in the committee, Ireland will be represented on that body by persons who are or have been Irish judges (clause 25).

The question of finance forms a separate portion of the Bill, the provisions of which are contained in clauses twelve to twenty, while the machinery for carrying those enactments into effect will be found in Part III. of the Land Bill. The first point to be determined was the amount to be contributed by Ireland to imperial expenses. Under the Act of Union it was intended that Ireland should pay 2/17ths, or in the proportion of 1 to 7-1/2 of the total expenditure of the United Kingdom.

This amount being found exorbitant, it was gradually reduced, until at the present moment it amounts to something under the proportion of 1 to 11-1/2. The bill fixes the proportion at 1/15th, or 1 to 14, this sum being arrived at by a comparison between the amount of the income-tax, death-duties, and valuation of property in Great Britain, and the amount of the same particulars in Ireland. The amount to be contributed by Ireland to the imperial expenditure being thus ascertained, the more difficult part of the problem remained to provide the fund out of which the contribution should be payable, and the mode in which its payment should be secured. The plan which commended itself to the framers of the Bill, as combining the advantage of insuring the fiscal unity of Great Britain and Ireland, with absolute security to the British exchequer, was to continue the customs and excise duties under imperial control, and to pay them into the hands of an imperial officer. This plan is carried into effect by the conjoint operation of the clauses of the Irish Government Bill and the Irish Land Bill above referred to. The customs and excise duties are directed to be levied as heretofore in pursuance of the enactments of the Imperial Parliament, and are excepted from the control of the Irish Legislature, which may, with that exception, impose any taxes in Ireland it may think expedient. The imperial officer who is appointed under the Land Bill bears the t.i.tle of Receiver-General, and into his hands not only the imperial taxes (the customs and excise duties), but also all local taxes imposed by the Irish Parliament are in the first instance paid. (See Clauses 25-27 of the Land Bill.) The Receiver-General having thus in his hands all imperial and local funds levied in Ireland, his duty is to satisfy all imperial claims before paying over any moneys to the Irish Exchequer.

Further, an Imperial Court of Exchequer is established in Ireland to watch over the interests of the Receiver-General, and all revenue cases are to be tried, and all defaults punished in that court. Any neglect of the local authorities to carry into effect the decrees of the Imperial Court will amount to treason, and it will be the duty of the Imperial Government to deal with it accordingly.

Supposing the Bill to have pa.s.sed, the account of the Exchequer in Ireland would have stood thus:--

RECEIPTS.

1. _Imperial Taxes_: (1) Customs . . . . . . . . . . 1,880,000 (2) Excise . . . . . . . . . . 4,300,000 --------- 6,180,000

2. _Local Taxes_: (1) Stamps . . . . . . . . . . . 600,000 (2) Income-Tax at 6_d_. in . . 550,000 --------- 1,150,000

3. _Non-Tax Revenue_: (Post Office, Telegraph, etc.) . . . . . 1,020,000 ---------- 8,350,000

EXPENDITURE.

1. _Contribution to Imperial Exchequer_ on basis of 1/15th of Imperial Expenditure, viz.: (1) Debt Charge . . . . . . . . 1,466,000 (2) Army and Navy . . . . . . . 1,666,000 (3) Civil Charges . . . . . . . 110,000 --------- 3,242,000 2. _Sinking Fund_ on 1/15th of Capital of Debt . . . . . . . . . . . . . 360,000 3. _Charge for Constabulary_[14] . . . . . . . 1,000,000 4. _Local Civil Charges_ other than Constabulary . . . . . . . . . 2,510,000 5. _Collection of Revenue_: (1) Imperial Taxes . . . . . . 170,000 (2) Local Taxes . . . . . . . . 60,000 (3) Non-Tax Revenue . . . . . . 604,000 ------- 834,000 6. _Balance_ or Surplus . . . . . . . . . . . . 404,000 -------- 8,350,000

The Imperial contribution payable by Ireland to Great Britain cannot be increased for thirty years, though it may be diminished if the charges for the army and navy and Imperial civil expenditure for any year be less than fifteen times the contribution paid by Ireland, in which case 1/15th of the diminution will be deducted from the annual Imperial contribution. Apart from the Imperial charges there are other charges strictly Irish, for the security of the payment of which the Bill provides. This it does by imposing an obligation on the Irish legislative body to enact sufficient taxes to meet such charges, and by directing them to be paid by the Imperial Receiver-General, who is required to keep an imperial and an Irish account, carrying the customs and excise duties, in the first instance, to the imperial account, and the local taxes to the Irish account, transferring to the Irish account the surplus remaining after paying the imperial charges on the imperial account. On this Irish account are charged debts due from the Government of Ireland, pensions, and other sums due to the civil servants, and the salaries of the judges of the supreme courts in Ireland.

Some provisions of importance remain to be noticed. Judges of the superior and county courts in Ireland are to be removable from office only on address to the Crown, presented by both orders of the Legislative body voting separately. Existing Civil servants are retained in their offices at their existing salaries; if the Irish Government desire their retirement, they will be ent.i.tled to pensions; on the other hand, if at the end of two years the officers themselves wish to retire, they can do so, and will be ent.i.tled to the same pensions as if their office had been abolished. The pensions are payable by the Receiver-General out of the Irish account above mentioned.

The supremacy of the Imperial Parliament over all parts of the Empire is an inherent quality of which Parliament cannot divest itself, inasmuch as it cannot bind its successors or prevent them from repealing any prior Act. In order, however, to prevent any misapprehension on this point clause 37 was inserted, the efficacy of which, owing in great measure to a misprint, has been doubted. It is enough to state here that it was intended by express legislation to reserve all powers to the Imperial Parliament, and had the Bill gone into Committee the question would have been placed beyond the reach of cavil by a slight alteration in the wording of the clause. This summary may be concluded by the statement that the appellate jurisdiction of the House of Lords over actions and suits arising in Ireland (except in respect of const.i.tutional questions reserved for the determination of the Judicial Committee of the Privy Council as explained above), and with respect to claims for Irish Peerages, is preserved intact.

The object of the Land Bill was a political one: to promote the contentment of the people, and the cause of good government in Ireland, by settling once and for ever the vexed question relating to land. To do this effectually it was necessary to devise a system under which the tenants, as a cla.s.s, should become interested in the maintenance of social order, and be furnished with substantial inducements to rally round the inst.i.tutions of their country. On the other hand, it was just and right that the landlords should partic.i.p.ate in the benefits of any measure proposed for remedying the evils attendant upon the tenure of land in Ireland; and should be enabled to rid themselves, on fair terms, of their estates in cases where, from apprehension of impending changes, or for pecuniary reasons, they were desirous of relieving themselves from the responsibilities of owners.h.i.+p. Further, it was felt by the framers of the Bill that a moral obligation rested on the Imperial Government to remove, if possible, "the fearful exasperations attending the agrarian relations in Ireland," rather than leave a question so fraught with danger, and so involved in difficulty, to be determined by the Irish Government on its first entry on official existence. Such were the governing motives for bringing in the Land Bill.

To understand an Irish Land Bill it is necessary to dismiss at once all ideas of the ordinary relations between landlord and tenant in England, and to grasp a true conception of the condition of an Irish tenanted estate. In England the relation between the landlord and tenant of a farm resembles, with a difference in the subject-matter, the relation between the landlord and tenant of a furnished house. In the case of the house, the landlord keeps it in a state fit for habitation, and the tenant pays rent for the privilege of living in another man's house. In the case of the farm, the landlord provides the farm with house, farm-buildings, gates, and other permanent improvements required to fit it for cultivation by the tenant, and the tenant pays rent for the privilege of cultivating the farm, receiving the proceeds of that cultivation. The characters of owner and tenant, however long the connection between them may subsist, are quite distinct. The tenant does no acts of owners.h.i.+p, and never regards the land as belonging to himself, quitting it without hesitation if he can make more money by taking another farm. In Ireland the whole situation is different: instead of a farm of some one hundred or two hundred acres, the tenant has a holding varying, say, from five to fifty acres, for which he pays an annual rent-charge to the landlord. He, or his ancestors have, in the opinion of the tenant, acquired a quasi-owners.h.i.+p in the land by making all the improvements, and he is only removable on non-payment of the fixed rent, or non-fulfilment of certain specified conditions. In short, in Ireland the owners.h.i.+p is dual: the landlord is merely the lord of a quasi-copyhold manor, consisting of numerous small tenements held by quasi-copyholders who, so long as they pay what may be called the manorial rents, and fulfil the manorial conditions, regard themselves as independent owners of their holdings. An Irish Land Bill, then, dealing with tenanted estates, is, in fact, merely a Bill for converting the small holders of tenements held at a fixed rent into fee-simple owners by redemption of the rent due to the landlord and a transfer of the land to the holders. Every scheme, therefore, for settling the Land question in Ireland resolves itself into an inquiry as to the best mode of paying off the rent-charges due to the landlord. The tenant cannot, of course, raise the capital sufficient for paying off the redemption money; some State authority must, therefore, intervene and advance the whole or the greater part of that money, and recoup itself for the advance by the creation in its own favour of an annual charge on the holding sufficient to repay in a certain number of years both the princ.i.p.al and interest due in respect of the advance.

The first problem, then, in an Irish Land Bill, is to settle the conditions of this annuity in such a manner as to satisfy the landlord and tenant; the first, as to the price of his estate; the second, as to the amount of the annuity to be paid by him, at the same time to provide the State authority with adequate security for the repayment of the advance, or, in other words, for the punctual payments of the annuity which is to discharge the advance. Next in importance to the financial question of the adjustment of the annuity comes the administrative difficulty of investigating the t.i.tle, and thus securing to the tenant the possession of the fee simple, and to the State authority the position of a mortgagee. Under ordinary circ.u.mstances the investigation of the t.i.tle to an estate involves the examination of every doc.u.ment relating thereto for a period of forty years, and the distribution of the purchase-money amongst the head renters, mortgagees, and other enc.u.mbrancers, who, in addition to the landlord, are found to be interested in the owners.h.i.+p of almost every Irish estate. Such a process is costly, even in the case of large estates, and involves an expense almost, and, indeed, speaking generally, absolutely prohibitory in the case of small properties. Some mode, then, must be devised for reducing this expense within manageable limits, or any scheme for dealing with Irish land, however well devised from a financial point of view, will sink under the burden imposed by the expense attending the transfer of the land to the new proprietors. Having thus stated the two princ.i.p.al difficulties attending the Land question in Ireland, it may be well before entering on the details of the Sale and Purchase of Land (Ireland) Bill, to mention the efforts which have been made during the last fifteen years to surmount those difficulties. The Acts having this object in view are the Land Acts of 1870, 1872, and 1881, brought in by Mr. Gladstone, and the Land Purchase Act of 1885, brought in by the Conservative Lord Chancellor of Ireland (Lord Ashbourne). The Act of 1870, as amended by the Act of 1872, provided that the State authority might advance two-thirds of the purchase-money. An attempt was made to get over the difficulties of t.i.tle by providing that the Landed Estates Court or Board of Works shall undertake the investigation of the t.i.tle and the transfer and distribution of the purchase-money at a fixed price. The Act of 1881 increased the advance to three-quarters, leaving the same machinery to deal with the t.i.tle. Both under the Acts of 1870 and 1881 the advance was secured by an annuity of 5 per cent., payable for the period of thirty-five years, and based on the loan of the money by the English Exchequer at 3-1/2 per cent. interest. These Acts produced very little effect. The expense of dealing with the t.i.tles in the Landed Estates Court proved overwhelming, and neither the Board of Works, under the Act of 1872, nor the Land Commission, under the Act of 1881, found themselves equal to the task of completing inexpensively the transfer of the land; further, the tenants had no means of providing even the quarter of the purchase-money required by the Act of 1881. In 1885 Lord Ashbourne determined to remove all obstacles at the expense of the English Exchequer. By the Land Act of that year he authorized the whole of the purchase-money to be advanced by the State, with a guarantee by the landlord, to be carried into effect by his allowing one-fifth of the purchase-money to remain in the hands of the agents of the State Authority until one-fifth of the purchase-money had been repaid by the annual payments of the tenants. The princ.i.p.al was to be recouped by an annuity of 4 per cent., extending over a period of forty-nine years, instead of an annuity of 5 per cent. extending over a period of thirty-five years. The English Exchequer was to advance the money on the basis of interest at 3-1/8 per cent., instead of at 3-1/2 per cent. Though sufficient time has not yet elapsed to show whether the great bribe offered by the Act of 1885, at the expense of the British taxpayer, will succeed in overcoming the apathy of the tenants, it cannot escape notice that if the Act of 1885 succeeds better than the previous Acts, it will owe that success solely to the greater amount of risk which it imposes on the English Exchequer, and not to any improvement in the scheme in respect of securing greater certainty of sale to the Irish landlord, or of diminis.h.i.+ng the danger of loss to the English taxpayer.

Such being the state of legislation, and such the circ.u.mstances of the land question in Ireland in the year 1886, the Irish Government Bill afforded Mr. Gladstone the means and the opportunity of bringing in a Land Bill which would secure to the Irish landlord the certainty of selling his land at a fair price, without imposing any practical liability on the English Exchequer, and would, at the same time, diminish the annual sums payable by the tenant; while it also conferred a benefit on the Irish Exchequer. These advantages were, as will be seen, gained, firstly, by the pledge of English credit on good security, instead of advancing money on a mere mortgage on Irish holdings, made directly to the English Government; and, secondly, by the interposition of the Irish Government, as the immediate creditor of the Irish tenant.

The scheme of the Land Purchase Bill is as follows:--The landlord of an agricultural estate occupied by tenants may apply to a department of the new Irish Government to purchase his estate. The tenants need not be consulted, as the purchase, if completed, will necessarily better their condition, and thus at the very outset the difficulty of procuring the a.s.sent of the tenants, which has. .h.i.therto proved so formidable an obstacle to all Irish land schemes, disappears. The landlord may require the department to which he applies (called in the Bill the State Authority) to pay him the statutory price of his estate, not in cash, but in consols valued at par. This price, except in certain unusual cases of great goodness or of great badness of the land, is twenty years' purchase of the _net_ rental. The _net_ rental is the _gross_ rental after deducting from that rent t.i.the rent-charge, the average percentage for expenses in respect of bad debts, any rates paid by the landlord, and any like outgoings. The _gross_ rental of an estate is the gross rent of all the holdings on the estate, payable in the year ending in November, 1885. Where a judicial rent has been fixed, it is the judicial rent; where no judicial rent has been fixed, it is the rent to be determined in the manner provided by the Bill.

To state this shortly, the Bill provides that an Irish landlord may require the State Authority to pay him for his estate, in consols valued at par, a capital sum equal to twenty times the amount of the annual sum which he has actually put into his pocket out of the proceeds of the estate. The determination of the statutory price is, so far as the landlord is concerned, the cardinal point of the Bill, and in order that no injustice may be done the landlord, an Imperial Commission--called the Land Commission--is appointed by the Bill, whose duty it is to fix the statutory price, and, where there is no judicial rent, to determine the amount of rent which, in the character of gross rental, is to form the basis of the statutory price. The Commission also pay the purchase-money to the landlord, or distribute it amongst the parties ent.i.tled, and generally the Commission act as intermediaries between the landlord and the Irish State Authority, which has no power of varying the terms to which the landlord is ent.i.tled under the Bill, or of judging of the conditions which affect the statutory price. If the landlord thinks the price fixed by the Land Commission, as the statutory price inequitable, he may reject their offer and keep his estate.

Supposing, however, the landlord to be satisfied with the statutory price offered by the Land Commission, the sale is concluded, and the Land Commission make an order carrying the required sum of consols (which is for convenience hereinafter called the purchase-money, although it consists of stock and not of cash) to the account of the estate in their books after deducting 1 per cent. for the cost of investigation of t.i.tle and distribution of the purchase-money, and upon the purchase-money being thus credited to the estate, the landlord ceases to have any interest in the estate, and the tenants, by virtue of the order of the Land Commission, become owners in fee simple of their holdings, subject to the payment to the Irish State Authority of an annuity. The amount of the annuity is stated in the Bill. It is a sum equal to 4 per cent. on a capital sum equal to twenty times the amount of the gross rental of the holding. The ill.u.s.tration given by Mr.

Gladstone in his speech will at once explain these apparently intricate matters of finance. A landlord is ent.i.tled to the Hendon estate, producing 1200 a year gross rental; to find the net rental, the Land Commission deduct from this gross rental outgoings estimated at about 20 per cent., or 240 a year. This makes the net rental 960 a year, and the price payable to the landlord is 19,200 (twenty years' purchase of 960, or 960 multiplied by 20), which, as above stated, will be paid in consols. The tenants will pay, as the maximum amount for their holdings, 4 per cent. for forty-nine years on the capitalized value of twenty years' purchase of the gross rent. This will amount to 960 instead of 1,200, which they have hitherto paid; a saving of 240 a year will thus be effected, from which, however, must be deducted the half rates to which they will become liable, formerly paid by the landlord. This 4 per cent. charge payable by the tenants will continue for forty-nine years, but at the end of that time each tenant will become a free owner of his estate without any annual payment. Next, as to the position of the State Authority. The State Authority receives 960 from the tenants; it pays out of that sum 4 per cent., not upon the gross rental, but upon the net rental capitalized, that is to say, 768 to the Imperial Exchequer. The State Authority, therefore, receives,960, and a.s.suming that the charge of collecting the rental is 2 per cent., that is to say, 19 4_s._, the State Authority will, out of 960, have to disburse only 787 4_s._, leaving it a gainer of 172 16_s._, or nearly 18 per cent.

The result then between the several parties is, the landlord receives 19,200; the tenantry pay 240 a year less than they have hitherto paid, and at the end of forty-nine years are exempt altogether from payment; the gain of Irish State Authority is 172 16_s._ a year. Another mode of putting the case shortly is as follows: The English Exchequer lends the money to the Irish State Authority at 3-1/8 per cent. and an annuity of 4 per cent. paid during forty-nine years will, as has been stated above, repay both princ.i.p.al and interest for every 100 lent at 3-1/8 per cent. On the sale of an estate under the Bill, the landlord receives twenty years' purchase; the tenant pays 4 per cent. on twenty years'

purchase of the gross rental; the Irish State Authority receives 4 per cent. on the gross rental; the English Exchequer receives 4 per cent. on the net rental only. The repayment of the interest due by the Irish Authority to the English Exchequer is in no wise dependent on the punctual payment of their annuities by the Irish tenants, nor does the English Government in any way figure as the landlord or creditor of the Irish tenants. The annuities payable by the tenants are due to the Irish Government, and collected by them, while the interest due to the English Government is a charge on the whole of the Irish Government funds; and further, these funds themselves are paid into the hands of the Imperial officer, whose duty it is to liquidate the debt due to his master, the Imperial Exchequer, before a sixpence can be touched by the Irish Government. It is not, then, any exaggeration to say that the Land Purchase Bill of 1886 provides for the settlement of the Irish Land question without any appreciable risk to the English Exchequer, and with the advantage of securing a fair price for the landlord, a diminution of annual payments to the tenant with the ultimate acquisition of the fee simple, also a gain of no inconsiderable sum to the Irish Exchequer. In order to obviate the difficulties attending the investigation of t.i.tle and transfer of the property, the Bill provides, as stated above, that on the completion of the agreement for the sale between the landlord and the Commission, the holding shall vest at once in the tenants: it then proceeds to declare that the claims of all persons interested in the land shall attach to the purchase-money in the same manner as though it were land. The duty of ascertaining these claims and distributing the purchase-money is vested in the Land Commission, who undertake the task in exchange for the 1 per cent. which they have, as above stated, deducted from the purchase-money as the cost of conducting the complete transfer of the estate from the landlord to the tenants. The difficulty of the process of dealing with the purchase-money depends, of course, on the intricacy of the t.i.tle. If the vendor is the sole unenc.u.mbered owner, he is put in immediate possession of the stock const.i.tuting the price of the estate. If there are enc.u.mbrances, as is usually the case, they are paid off by the Land Commission. Capital sums are paid in full; jointures and other life charges are valued according to the usual tables. Drainage and other temporary charges are estimated at their present value, permanent rent-charges are valued by agreement, or in case of disagreement, by the Land Commission; a certain minimum number of years' purchase being a.s.signed by the Bill to any permanent rent-charge which amounts only to one-fifth part of the rental of the estate on which it is charged, this provision being made to prevent injustice being done to the holders of rent-charges which are amply secured.

It remains to notice certain other points of some importance. The landlord ent.i.tled to require the State to purchase his property is the immediate landlord, that is to say, the person ent.i.tled to the receipt of the rent of the estate; no enc.u.mbrancer can avail himself of the privilege, the reason being that the Bill is intended to a.s.sist solvent landlords, and not to create a new Enc.u.mbered Estates Court. The landlord may sell this privilege, and possibly by means of this power of sale may be able to put pressure on his enc.u.mbrancers to reduce their claims in order to obtain immediate payment. The Land Commission, in their character of quasi-arbitrators between the landlord and the Irish State Authority, have ample powers given to enable them to do justice.

If the statutory price, as settled according to the Act, is too low, they may raise it to twenty-two years' purchase instead of twenty years'

purchase. If it is too high, they may refuse to buy unless the landlord will reduce it to a proper price. In the congested districts scheduled in the Bill the land, on a sale, pa.s.ses to the Irish State Authority, as landlords, and not to the tenants; the reason being that it is considered that the tenants would be worsened, rather than bettered, by having their small plots vested in them in fee simple. For the same cause it is provided that in any part of Ireland tenants of holdings under 4 a year may object to become the owners of their holdings, which will thereupon vest, on a sale, in the Irish State Authority. Lastly, the opportunity is taken of establis.h.i.+ng a registry of t.i.tle in respect of all property dealt with under the Bill. The result of such a registry would be that any property entered therein would ever thereafter be capable of being transferred with the same facility, and at as little expense, as stock in the public funds.

FOOTNOTES:

[Footnote 14: Any charge in excess of one million was to be borne by Imperial Exchequer.]

THE "UNIONIST" POSITION.

BY CANON MACCOLL

Is it not time that the opponents of Home Rule for Ireland should define their position? They defeated Mr. Gladstone's scheme last year in Parliament and in the const.i.tuencies; and they defeated it by the promise of a counter policy which was to consist, in brief, of placing Ireland on the same footing as Great Britain in respect to Local Government; or, if there was to be any difference, it was to be in the direction of a larger and more generous measure for Ireland than for the rest of the United Kingdom. This certainly was the policy propounded by the distinguished leader of the Liberal Unionists in his speech at Belfast, in November, 1885, and repeated in his electoral speeches last year. In the Belfast speech Lord Hartington said: "My opinion is that it is desirable for Irishmen that inst.i.tutions of local self-government such as are possessed by England and Scotland, and such as we hope to give in the next session in greater extent to England and Scotland, should also be extended to Ireland." But this extension of local self-government to Ireland would require, in Lord Hartington's opinion, a fundamental change in the fabric of Irish Government. "I would not shrink," he says, "from a great and bold reconstruction of the Irish Government," a reconstruction leading up gradually to some real and substantial form of Home Rule. His Lords.h.i.+p's words are: "I submit with some confidence to you these principles, which I have endeavoured to lay down, and upon which, I think, the extension of Local Government in Ireland must proceed. First, you must have some adequate guarantees both for the maintenance of the essential unity of the Empire and for the protection of the minority in Ireland. And, secondly, you must also admit this principle: the work of complete self-government of Ireland, the grant of full control over the management of its own affairs, is not a grant that can be made by any Parliament of this country in a day. It must be the work of continuous and careful effort." Elsewhere in the same speech Lord Hartington says: "Certainly I am of opinion that nothing can be done in the direction of giving Ireland anything like complete control over her own affairs either in a day, or a session, or probably in a Parliament." "Complete control over her own affairs," "the work of complete self-government of Ireland, the grant of full control over the management of its own affairs:" this is the policy which Lord Hartington proclaimed in Ulster, the promise which he, the proximate Liberal leader, held out to Ireland on the eve of the General Election of 1885. It was a policy to be begun "in the next session," though not likely to be completed "in a day, or a session, or probably in a Parliament."

Next to Mr. Gladstone and Lord Hartington the most important member of the Liberal party at that time was undoubtedly Mr. Chamberlain, and Mr.

Chamberlain's Irish policy was proclaimed in the _Radical Programme, which was published before the General Election as the Radical leader's manifesto to the const.i.tuencies. This scheme, which Mr. Chamberlain had submitted as a responsible minister to the Cabinet of Mr. Gladstone in June, 1885, culminated in a National Council which was to control a series of local bodies and govern the whole of Ireland. "His National Council was to consist of two orders; one-third of its members were to be elected by the owners of property, and two-thirds by ratepayers. The National Council also was to be a single one, and Ulster was not to have a separate Council. As the Council was to be charged with the supervision and legislation about education, which is the burning question between Catholics and Protestants, it is clear that Mr.

Chamberlain at that time contemplated no special protection for Ulster."[15] Moreover, in a letter dated April 23rd, 1886, and published in the _Daily News_ of May 17th, 1886, Mr. Chamberlain declared that he "had not changed his opinion in the least" since his first public declaration on Irish policy in 1874. "I then said that I was in favour of the principles of Home Rule, as defined by Mr. b.u.t.t, but that I would do nothing which would weaken in any way Imperial unity, and that I did not agree with all the details of his plan.... Mr. b.u.t.t's proposals were in the nature of a federal scheme, and differ entirely from Mr.

Gladstone's, which are on the lines of Colonial independence. Mr. b.u.t.t did not propose to give up Irish representation at Westminster." It is true that Mr. b.u.t.t did not propose to give up Irish representation at Westminster; but it is also true that he proposed to give it up in the sense in which Mr. Chamberlain wishes to retain it. Mr. b.u.t.t's words, in the debate to which Mr. Chamberlain refers, are, "that the House should meet _without Irish members_ for the discussion of English and Scotch business; and when there was any question affecting the Empire at large, Irish members might be summoned to attend. He saw no difficulty in the matter."[16]

There is no need to quote Mr. Gladstone's declarations on the Irish question at the General Election of 1885, and previously. He has been accused of springing a surprise on the country when he proposed Home Rule in the beginning of 1886. That is not, at all events, the opinion of Lord Hartington. In a speech delivered at the Eighty Club in March, 1886, his Lords.h.i.+p, with his usual manly candour, declared as follows: "I am not going to say one word of complaint or charge against Mr.

Gladstone for the att.i.tude which he has taken on this question. I think no one who has read or heard, during a long series of years, the declarations of Mr. Gladstone on the question of self-government for Ireland, can be surprised at the tone of his present declarations....

When I look back to those declarations that Mr. Gladstone made in Parliament, which have not been unfrequent; when I look back to the increased definiteness given to those declarations in his address to the electors of Midlothian, and in his Midlothian speeches; I say, when I consider all these things, I feel that I have not, and that no one has, any right to complain of the tone of the declarations which Mr.

Gladstone has recently made upon this subject."

So much as to the state of Liberal opinion on the Irish question at the General Election of 1885. The leaders of all sections of the party put the Irish question in the foreground of their programme for the session of 1886. We all remember Sir Charles Dilke's public announcement that he and Mr. Chamberlain were going to visit Ireland in the autumn of 1885, to study the Irish question on the spot, with a view to maturing a plan for the first session of the new Parliament.