Ireland -- Description and travel; Ireland -- Social conditions
Convinced that he has a hereditary right to the domain in general, the
Irish peasant besides attributes to himself a special and prescriptive
right to the plot of ground that he, like the landlord, occupies from
father to son, though on a precarious tenure. This right is not purely
imaginary; it was consecrated in the year 1860 by a special Act of
Parliament, due to the initiative of Mr. Gladstone. Recognised from
immemorial times in Ulster, it has always been claimed in all the other
parts of Ireland; it is the _tenant right_, what in our own Picardy is
called the _droit de marché_.
It is well known in what consist this ancient prerogative of the Picardy
farmer (Troplong in the Preface to his _Traité du Louage_, and Lefort
in his _Histoire des contrats de location perpétuelle_, have treated it
exhaustively): it is simply the privilege of preserving in perpetuity
for him and for his heirs, the use of the ground for which he pays rent
regularly.
Not only is this privilege not denied to him, but he can transfer it
to a third person, for a premium that goes by the name of _intrade_.
The amount of that premium is often a third or even a half of the
intrinsic value of the soil. Formerly this “_droit de marché_” applied
to everything that can be let or hired; the labourers, the threshers,
the shepherds of a domain, each claimed it in his own province as a
hereditary monopoly. In modern days it is strictly limited to the hiring
of servants, in the few districts where it survived the French revolution
(in Péronne for instance).
The thing that is only a curious exception in France has remained the
rule in Ireland, where _tenant right_ has been in force for the last
twenty-seven years. And what, after all, can be better founded than such
a right? Has not the tenant, in the majority of cases, made his plot of
ground what it is? Has he not tilled it, improved it, manured it, drained
it according to his better knowledge; in a word, has he not _created_ it
in its actual form?
“Let us,” says the peasant, “admit the rights of the landlord. How could
he deny me mine? Are they not legibly written in the furrow I have traced
upon this earth, in the fruits I have made her bear?... The land is not
a simple material, unreducible like a piece of gold. It is a chemical
product, a conglomerate that is valuable especially by reason of all the
substances I have mixed up with it during an occupation of ten, twenty,
thirty years, or even more.... Who shall dare to deny the share I have
brought into this company of which I am the acting manager, and deny that
this share belongs to me?”
Public-domain text, read in full here on John Shaqi.
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