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
“The pivot of the Act of 1881,” to use the language of Mr. Forster, was
the “Land Court” established to stand between landlords and tenants, to
fix fair or judicial rents. Previously, the landlord was master of the
situation. The competition for land placed the tenant at his mercy, and he
accordingly fixed the rent at his own pleasure. But henceforth rents were
to be fixed by legal tribunals; and while the tenant paid the rent so
fixed, he could not be disturbed in his holding for a period of fifteen
years. Roughly speaking, the Act changed Irish tenancies from tenancies at
will practically to leaseholds, renewable every fifteen years, subject to
revision of rent by the Land Courts. It also recognised the tenant’s right
to sell his holding, and provided facilities for the creation of a peasant
proprietary.
But the Land Act of 1881 did not settle the land question. The system of
dual ownership which it set up was agreeable neither to landlord nor
tenant, and both now combined to demand fresh legislation for the purpose
of enabling the tenants to purchase their holdings. The Act had destroyed
the prestige of the landlords; they were disgusted with the spectacle of
seeing “briefless barristers,” (as the Judges of the Land Courts were
called), “rambling about the country” and fixing rents independently of
their wishes; their occupation as territorial magnates was gone and they
were now willing to dispose of their estates, if only they could obtain
good terms. The cry of the tenant always had been the “land for the
people,” and they raised that cry now louder than ever. Extraordinary as
it may seem the English Tory party took the lead in responding to it. In
1885 the first of a series of Tory Land Purchase Acts was passed. By this
measure the state was empowered to advance the whole of the purchase money
to tenants who had agreed with their landlords to purchase their holdings;
forty-nine years were allowed for repayment of the purchase money, at the
rate of 4 per cent. per annum. Between 1885 and 1912 six more Land
Purchase Acts were placed on the Statute book. With a single exception,
all these Acts were passed by Tories. Therefore the Tories take credit to
themselves for the policy of land purchase. But rather the credit belongs
to Charles Stewart Parnell and the Land League, who, by the revolution of
1881, not only made land purchase possible, but made it inevitable. I
cannot here deal with these Acts in detail(155) but the following table
gives a list of them and shows how they have worked. It also mentions
other Acts which contain provisions for facilitating the creation of a
peasant proprietary.
Public-domain text, read in full here on John Shaqi.
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