Ireland -- Politics and government -- 1901-1910; Land tenure -- Ireland
'future' tenants so as to discharge their estates from a burden; it
revealed marked ignorance of the affairs of Ireland. The Bill dealt, also,
with the land on the side of ownership; it gave additional facilities to
tenants to purchase their holdings; the State was empowered to advance
three-fourths of the moneys; but the tenants were to find the remaining
fourth; the transaction was to be still a purchase, and not in the nature
of a gift.[76]
The Bill became law, with very little change; the House of Lords, though
fully alive to its evils, did not amend it in any important respect; the
Peers had in mind, perhaps too much, what had followed the rejection of
the Bill of the year before. Mr. Gladstone and his followers maintained at
the time, and the statement has been ever since repeated, that the Land
Act of 1881, its popular title, was but a natural development of the
original Act of 1870; but this assertion is not only untrue, but
absolutely contrary to the truth. The Act of 1870, no doubt, considered as
a whole, annexed a large tenant right to the estate of the landlord, and
to that extent placed a burden on it; but it preserved for the landlord
the ownership of the land; it did not interfere with his rent, his first
proprietary right; above all, it was, in the main, in accord with fact,
and just. The Act of 1881 was almost the exact opposite; it deprived the
landlord of the ownership of his land, and nearly converted him into a
mere rent-charger; it created against him a perpetuity at a State-settled
rent; it really all but made the tenant the owner of the land; it was, in
short, inconsistent with fact, and essentially unjust. The Act of 1881,
too, established a principle, never heard of before in civilised
countries, that tribunals of the State were to fix the rate of rent; this
not only annihilated the most important of landed contracts, entirely to
the landlord's detriment, it inevitably tended to cut down rents
wholesale, as Judge Longfield had predicted would be the case. 'It is
probable,' wrote that great authority, 'that the value of land, as fixed
by any tenant-right measure, would be less than half the rent, which a
solvent tenant would be willing to pay;'[77] the prediction has been too
well verified. The Act of 1870, in a word, was a remedial law, fairly
adjusting the rights of landlord and tenant; the Act of 1881 was a
socialistic law, despoiling the landlord of his property wholesale, and
handing it over to a dependent who had no claim to it; it was sheer
confiscation hardly disguised; and it should be added that the exemption
of tenants' improvements from rent, as affairs stood in Ireland, was a
grave wrong to the landlord. The Act of 1881, to speak plainly,
transformed the Irish land system iniquitously for the benefit of a single
class; and it directly promoted litigation of the very worst kind, on an
enormous scale, embittering, and still further dividing, the classes
connected with the land.
Public-domain text, read in full here on John Shaqi.
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