The New Irish Constitution: An Exposition and Some Arguments
History
The New Irish Constitution: An Exposition and Some Arguments
Home rule -- Ireland; Ireland -- Politics and government
I have said that land was the staple industry of Ireland. Yet Government
after Government failed to realize that the enactment of laws for the
protection of the tenant—the protection of his improvements from
confiscation by the landlords, protection of himself from rack-rents and
arbitrary eviction—were necessary for the prosperity and peace of the
country. In 1836 Mr. Sharman Crawford introduced a Bill proposing that the
tenant should be entitled, on eviction, to compensation for improvements
of a permanent nature made with the landlord’s consent; or without his
consent, provided that such improvements were, according to the Chairman
of Quarter Sessions, necessary for the actual wants of the tenant. This
moderate Bill, strongly opposed by the landlords, was read a first time,
but it never reached another stage. Parliament having refused to protect
the tenants—refused indeed to take the slightest heed of their complaints
and grievances—the tenants continued to protect themselves by forming
secret societies whose operations struck terror in the land. In 1838 the
Under-Secretary, Thomas Drummond, boldly told the Tipperary Magistrates,
who cried out for coercion, that landlordism was the cause of agrarian
crime, and that remedial legislation, not coercion, was the remedy. He
said, in memorable words:
“The Government has been at all times ready to afford the utmost
aid in its power to suppress disturbance and crime, and its
efforts have been successful so far as regards open violations of
the law.... But there are certain classes of crime, originating in
other causes which are much more difficult of repression. The
utmost exertion of vigilance and precaution cannot always
effectually guard against them, and it becomes of importance to
consider the causes which have led to a state of society so much
to be deplored, with a view to ascertain whether any corrective
means are in the immediate power of the Government or the
Legislature. When,” he continues, “the character of the great
majority of serious outrages occurring in many parts of Ireland,
though unhappily most frequent in Tipperary, is considered, it is
impossible to doubt that the causes from which they mainly spring
are connected with the tenure and occupation of land.
“Property,” he adds, “has its duties as well as its rights; to the
neglect of those duties in times past is mainly to be ascribed to
that diseased state of society in which such crimes take their
rise; and it is not in the enactment or enforcement of statutes of
extraordinary severity, but chiefly in the better and more
faithful performance of those duties, and the more enlightened and
humane exercise of those rights that a permanent remedy for such
disorders is to be sought.”
Public-domain text, read in full here on John Shaqi.
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