The Celtic Magazine, Vol I, No. IV, February 1876: A Monthly Periodical Devoted to the Literature, History, Antiquities, Folk Lore, Traditions, and the Social and Material Interest of the Celt at Home and Abroad.Various
History
The Celtic Magazine, Vol I, No. IV, February 1876: A Monthly Periodical Devoted to the Literature, History, Antiquities, Folk Lore, Traditions, and the Social and Material Interest of the Celt at Home and Abroad.
It is a well-known principle in jurisprudence that a contract between
two parties capable of contracting in respect to a subject matter known
to both, if adhered to by either, is inviolably binding; and with the
free action of this principle as between parties, except in a matter of
life and death, the legislature always has had, and we confidently
believe, always will have a delicacy in interfering. If there is no
vital principle, or specialty in a contract between landlord and tenant
in regard to an heritable subject, such as an arable farm, that
necessarily takes it out of the list of ordinary contracts, no
Government would seriously entertain or assist the passing of a measure
for imposing fetters upon one of the parties to that contract,
exceptional legislation to obtain an advantage for the lessee to the
detriment of the lessor. Are there then such specialties? Tenant-farmers
allege (1) that land is not an ordinary subject of contract owing to the
extent being limited, and is a possession the owners of which stand in
the relation merely of national trustees, bound to administer in the way
most beneficial to the people; (2), that tenants are not capable of
contracting on equal terms with their landlords, and that the weaker
party should receive legislative protection in the shape of an
inalienable right to ground game; and (3), that in being compelled to
sign game preservation clauses, the subject matter of that part of their
agreement is one the full extent of which must, from its nature, be
unknown to them. To this reply is made--(1), That the possession of land
is no more a monopoly than the possession of cattle or any other
commodity, that is continually in the market and sold to the highest
bidder; that the fact of the supply being limited, and necessarily in
the hands of the few, in comparison with the many who wish to use it, is
no reason why exceptional restrictions should be placed on its being let
out for hire, but rather the reverse; as well might the possessors of
money, who are few in comparison with those who wish to borrow it, be
statutorily bound to lend it out at less than it would otherwise bring;
and that those who invest money in land, having no contract with the
State, cannot be interfered with by the State in the management of it in
the way they believe most advantageous to themselves; (2), that farmers
as a rule, and particularly those who make the greatest noise about the
Game Laws, are quite capable of attending to their own interests in any
contract with proprietors as to leasing of land; that if they are glad
to obtain it on the proprietors' terms, that is occasioned by the
legitimate operation of the laws of supply and demand, which equally
affect all other contracts; and that to give them an inalienable right
to ground game, which they would immediately convert into money value by
sub-letting, would simply amount to confiscation of part of the
Public-domain text, read in full here on John Shaqi.
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