Ireland -- Politics and government -- 1901-1910; Land tenure -- Ireland
The Land Act of 1870 has been well-nigh superseded by the great measure
of 1881, and by the legislation which has been its supplement. The
administration of this part of the new Land Code, by many degrees the most
important, was given, as I have pointed out before, to a wholly new
tribunal, the Land Commission, and to Sub-Commissions dependent on it; a
concurrent jurisdiction was given to the Irish County Courts; but they
have had very little to do in this province. The principal work of the
Land Commission has been to fix 'fair rents,' and to make statutory
leases, 'fixity of tenure,' in a word, in a kind of disguise, and thus to
give effect to the policy adopted by Mr. Gladstone in 1881. The three
original members of the Land Commission, in all respects its directors,
were the late Mr. Justice O'Hagan, the late Mr. E. F. Litton, and the late
Mr. John E. Vernon; Lord Salisbury denounced these appointments in
emphatic language, as being against the just rights of Irish
landlords;[90] the charge was not without plausible grounds at least, for
Mr. Justice O'Hagan had been one of the 'Young Ireland' party, and Mr.
Litton had been a strong tenant-right advocate. These two gentlemen,
nevertheless, were most honourable men, and capable, if not very
distinguished, lawyers; Mr. Vernon was an excellent and experienced
country gentleman, if, in politics, of the Liberal faith; and as all three
have long ago passed away, it would be unjust to make charges of
illegitimate conduct, even if they may not have been wholly free from
unconscious bias. Great allowance ought to be made, in common justice, for
the Commissioners in the situation that had been made for them, and regard
being had to their most arduous duties. To fix 'fair rent,' even
approximately, was difficult in the extreme; as Judge Longfield predicted
many years before, and every well-informed Irishman knew, the adjustment
of rent, through the agency of the State, would inevitably cause a general
lowering of rents. Again, the Commissioners were, from the outset,
harassed by a rush of applications to fix 'fair rents;' these came in,
within a few weeks, in thousands; they were tempted, therefore, to set
about their work at once, without taking the careful precautions, or
entering into all the considerations, the nature of their duty required.
Two circumstances, also, no doubt, had effect on their minds; the Land
League was creating a Reign of Terror, and destroying the property of the
Irish landlords; the Commissioners probably hoped that they would weaken
the power of the League, by, so to speak, bidding against it, and cutting
rents down. Above all, the Land Commission, like the Encumbered Estates
Commission, was a tribunal set up to carry out a policy, that is, in word,
to abate rents; and all experience, Irish experience notably, proves that
such a body of men usually fulfils its mission.
Public-domain text, read in full here on John Shaqi.
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