Optium Divos ROGAT IN PATENTI
PRENCUS OEGEO SIMUL ATLA NUBES
CONDITIT LUNUM, NEQUE CERTA FULGENT
SIDERA NAUTIS

London

W.J. Cleaver, 80 Baker Street Portman Square

MDCCCXLVII

A LETTER,

ETC.

Dublin-December, 1846.

my lord,

Though you are, I do not doubt, harassed by innumerable correspondents on the subject of the state of Ireland, and at a period like the pre­sent it might seem vexatious to suggest to your Lordship new theories involving great changes in the existing relations of the country, still I would humbly submit that the exigencies of the case and pressing emergencies make it imperative upon all good citizens to lend their help by precept or sug­gestion, as well as personal exertion, to the great cause of a starving nation. Influenced solely by such motives I address your Lordship, and would ask--

How has the great extent of misery and distress that now exists originated?

Obviously first from the Potato failure: secondly, from the general inability of Landlords to assist the poor on their estates: and thirdly, from the very general dread of ruin and apparent bad prospects for the future., making all parties unwilling to incur any further risk: these, however, are but

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May we not in the first place admit that the potatoe disease is a special dispensation of Provi­dence. (See Ezekiel, cap. xiv. verse 13th.)

And secondly, how does it happen that Irish landlords have empty pockets, and that their means are inadequate to bear even that share of the bur­den which ought by right to fall upon them 1 (To this question I would suggest the following answer, wishing to avoid giving offence to any party by attaching blame where it may not be due.) Be­cause the landlords of Ireland for various reasons have not hitherto done as much for their estates generally as the wants of the country required. But we may further trace this real or apparent dereliction of duty chiefly to the two following classes, who form so large a body of Irish land­lord's-Absentees and Mortgagers.

Since, thirdly, nothing has been done to alter our present position, our prospects for the future are mosit dismal, and to the want of some beacon of hope to light our. path in the distant horizon- some new stimulus to; our; Agriculture, Manufac­tures, or Commerce--we can alone attribute the cause of our possibly too well grounded fears.

Such being the state of things, your first great object should be to alleviate or counteract these primary causes when the superincumbent evils, like a,. building, deprived of its foundations, would cease toj exist. But let us consider them once more heads, 1st, 2nd, and 3rd, with, a view to their remedy..

I. How are you to make up for the injury done by the loss of the potato crop to Ireland? (I shall

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not offer any suggestions as to temporary relief by public works or otherwise, as I only look to the future. I may also assume the potatoe crop to be generally excluded from the farming of Ireland henceforward, as though the disease be but transi­tory, we can never again place confidence in it; and for many other reasons which will I doubt not suggest themselves to your Lordship, I contend that any attempt to reinstate the potatoe in its for­mer position would be "very ill-judged." What I think ought to be done is, that the Government should give a small grant of money to be distri­buted to the different Farming Societies, to be given by them as prizes for the encouragement of the growth of roots, vegetables, and grasses, which may supply the place of the potato in a rotation-to which crops our Irish farmers, except in favored localities, are to a great extent unaccustomed. Also for the purpose of establishing Farming Societies where they are wanting. A comparatively small sum of money would effect these objects; and it would not be necessary to continue the grant, which should only have reference to the small land-holders, for more than three or four years. But I must now mention grievances which your Lordship should try to relieve us of, and not us alone, but the whole British nation, and which bear immediately on the case under our consideration, I mean, the restriction upon the cultivation of Tobacco, and the production of Sugar from, beet­root.* Let us grow them, they are both crops that

* Very little tobacco comes to these countries from our own colonies, and we could never compete with the higher classes of sugars. We have also to complain of the duly upon Irish spirits; all these are contrary to free trade principles.

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would take the place of the Potato in a rotation. But when I consider the cause that I have assigned for the failure of the Potato, I must acknowledge that we must look to a higher power than your Lordship for a successful issue to all our under­takings, and we should not he wanting in our supplications to Him to bless our endeavours.

II. As to the Landlords of Ireland, or those com­prehended under Absentees or Mortgagers.

Every Absentee injures his country by not pro­perly looking after his estates himself, and spending his income in channels that are not likely to benefit the country from which it is derived; nor can any amount of charitable contributions, abatements of rent, or good management of agents, make up for this regular drain upon the resources of the country, or the want of resident Landlords.

Now of both Mortgagers and Absentees there are two classes to be considered: first, those who act voluntarily, and could alter their position; secondly, such as, by the deeds of their ancestors or family settlements, are placed in circumstances that they have not the power of altering. Choice or preference may make it more agreeable or convenient to a man to live away from his estates-in this case he is a, "voluntary Absentee;" but if he have estates, or legitimate business or profession elsewhere, which keep him away, as he does not possess the property of ubiquity, we must call him an " involuntary Absentee." These are, I apprehend, most difficult cases to legislate for, as the liberty and rights of the subject would be con­siderably infringed upon by any attempt to tax or mulct Absentees generally. It would be impossible to draw a line of distinction; sufficiently clear, be­tween the "voluntary and involuntary;" and to

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punish the innocent with the guilty would be most unjust. I can therefore but recommend, as a cure for this evil, every encouragement to Landlords to reside: such as attempts to civilize the population, in the shape of education more universal, and if necessary compulsory; laws more rigidly enforced, and assistance given to all efforts to open out the industrial resources of the country. And for the cure of " involuntary Absentees," might not an act he passed, enabling them to sell under an order from the Court of Chancery, and vest otherwise, when any person possesses estates in more than two counties, and more than one of them is entailed upon the same parties, taking it as a principle that no person should possess land in more than two counties, unless estates of less than ten acres- with a few exceptions, such as in counties of small dimensions, as Rutland-and building plots, gar­dens, and houses near and in towns; and unless such other property shall be contiguous to some other property in an adjoining county, that it is not contemplated should be sold: and forbidding per­sons possessing property in two or more counties, except as above, to purchase property in any other county, except as above, under heavy penalties.

And next as to Mortgagers, who both injure the country and themselves, for how can he live hap­pily, or do justice to his tenantry, who exists upon the last few shillings per acre that he can screw out of them; how can such an one afford in the hour of extremity to assist the starving population, or lay out money in improvements on his estates, being compelled sternly to demand his legal rights by dread of uncompromising Mortgagees, and Ms own urgent necessities. As however all have not created the mortgages themselves, but have inherited

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them with, debts and heavy family charges, all of which. I look upon in the same light, and as many of these Have no power to sell, but are virtually " Adscript! Glebse," such cannot be considered but as "involuntary Mortgagers" But on the other hand, there are those who have created the incum-brances themselves, as well as those who have power to sell their encumbered estates: these having lost the substance cherish the shadow, and must be considered as " voluntary Mortgagers"

Respecting family incumbrances, tythes, head-rents, and fines on perpetuities, and permanent charges for religious, charitable, corporation, and other purposes, I think that we want an Act giving facility to all whose estates are burdened by such- as well as "by mortgages-to sell them, or parts of them, and enfranchise themselves and their land, even though they may be but tenants for life, under orders from, the Court of Chancery; and compelling all such, proprietors, whose estates are encumbered beyond half their value, either to redeem a portion of the mortgage or incumbrances within a certain time, so that they should not equal one half of the value of any property, or to sell a part for such purpose, or the whole, under an order from the Court of Chancery, but allowing the Chancellor a power of lengthening the period upon satisfactory proof that a sum of money or property will even-tuaEy "be available, and shall be applied to the pur­pose of "bringing the encumbrances within the limits prescribed: and also allowing any person who may have a reversionary interest to purchase up the mortgages- and charges, and in such case it shall not be required that they be paid off; and to compel all purchasers of estates to pay off the mort­gages previous to taking possession, under heavy

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penalties in case of omission: and ordering that after day of no estate whatsoever may be mortgaged or encumbered, except by life annui­ ties for persons within the degrees of consanguinity, the annual payments upon which shall not exceed one half the rental; and that such annuities may be alienable by the annuitant, but redeemable by the owner of the estate at the value of annuities as settled by Act of Parliament: and enacting that no Mortgagee's charge shall bear interest at a higher rate than 4 per cent, per annum: and giving power to proprietors to purchase off all existing mortgages, and annuities by payment into the Court of Chan­ cery of their value according to the scale above- mentioned: and enacting that no estate shall, after the day of 1850, be security for more than half its value; and preventing mortgagees from foreclosing for the space of 12 months from the date of passing this Act; and allowing any Land­ lord, by application to the Court of Chancery, to have his lands divided between him and the Mort­ gagee, and that the Mortgagee shall become seized of a part of them, as if he had purchased them: and that to facilitate the working of this Act, no stamp duties shall be chargeable upon any sales made under it by the direction of the Court of Chancery. And for the case of " voluntary Mort­ gagers," the Act should compel them to enfranchise their estates within a given time, and should direct that all mortgages shall be registered in the Court of Chancery, and the Court should send properly qualified persons to enquire into the circumstances of all estates, and bring them to sale if necessary; and that no mortgage that is not registered within a certain time shall be recoverable, if it shall have been wilfully concealed-the estates of minors

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should however be protected, nor should charges be considered where the interest is not yet payable.

These Acts would very much, increase the busi­ness of the Court of Chancery. I would therefore here suggest the appointment of a Vice-Chancellor, with proper officers and powers to carry out the necessary provisions; nor do I see why the Act should not extend to the whole of the United Kingdom. Reasons most cogent, and arguments most conclusive to all appearance, may be brought against such theories as these; nor am I wedded to them, provided some measures more beneficial shall be introduced; but I assert that the principle, that it is disadvantageous to a Landowner, as well as his tenants, that he should have property in several counties, and injurious to an estate not to be re­sided upon, or at least frequently visited by its owner, as well as that it is most disadvantageous to a property to be heavily encumbered, is incontro­vertible; and as your Lordship has the advantage of the best legal advice the country affords, I cannot but think it in your power to bring forward some practical measure, even if not exactly according with my suggestions, for the remedy of these crying evils.*

III. Every person acquainted with Ireland must be aware of the want of confidence in the Govern­ment, (I mean nothing personal, my Lord,) doubt­ful prospects, and deep-rooted fears; and how are

* It might be objected, that a large quantity of land suddenly thrown into the market might cause a great depression in the value of land; but a large sum of money would also be thrown into the market, most of which is trust money, and therefore would be for the most part invested In the purchase of land, as it could not be employed in speculations.

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these to be overcome?-by giving us reasonable grounds of hope of future prosperity. You may for a time give employment, and provide food, and thus procrastinate the evil; but I solemnly warn you, that if you leave the Irish Landlords to take their chance, and work out of their difficulties as they best may, tied hand and foot, and laden with heavy burdens, they will very soon be ruined; for if left unaided under the present system of more deeply incumbring their estates with county and baronial charges, a very few years will eat up the little they now possess, and the estates will be sold by the mortgagees and creditors at a great loss and expense to the present proprietors, and no end of misery to the wretched tenantry. The conse­quences of such a state, though it might be to the peasantry a transition to a better, would for the time be frightful, and should be avoided if possible, not to mention that the Landlords of Ireland form a certain part of the community, and in a Govern­ment such as ours they have their claims for pro­tection.

Really, my Lord, something must be done, time presses, you cannot avoid coming to some deter­mination. God grant that your counsels may be wisely directed-and what further shall I recom­mend "Grants of Government money?' No: though we do pay a quota to the public purse, I ask for no more from it than our share; but as money must be had to carry out the necessary provisions of Acts of Parliament, assist in feeding the poor, and affording means for employment of a profitable nature-(but not, I think, under the limitations and restrictions of the present act) and perhaps t9 remunerate the Government for a loss of income* should they take off all restrictions upon the

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ductions of agriculture, I would suggest an Income-tax of one shilling in the pound, for the next three years, on all property, as in the English income-tax, and'for the following three years at sixpence in the •pound; and should you find that you have more money than the exigencies of the country require, let it be employed in making leading lines of roads, which some of the remote parts of the country are still much in need of, and in improving the harbours round our coast. By an income-tax the whole of the property of Ireland would contribute, and the expense would not, as now, be saddled upon the unfortunate Landlords, who receiving in the dis­tressed districts little or no rent, are of all the least able to bear the whole brunt of so heavy a visitation. But this tax must not do away with our right to receive any share of Government money-for we are as much an integral part of the British empire as Middlesex, Hampshire, Devonshire, or Pem­brokeshire ; and rather more so than Hong Kong, or the Colonies. I would add, encourage Capitalist Landlords, open a field for them, by enabling the needy Landowner to disencumber himself without undergoing the ruinous and degrading process of being sold up; that he who was a bad Landlord heretofore from adverse circumstances, may become a better Landlord and a richer man, though with fewer acres, while the country may benefit by additional capital. I know there is a strong feeling among them against giving up their territories; we do not look at land in Ireland as an investment of capital, but as a means of living, and a source of personal aggrandizement; and I believe there are many who would rather lose a small sum annually, than give up the self-esteem that their estates surround them with. I would here remind

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your Lordship that there are many estates in Ireland of vast extent, and in some parts very densely populated, from which but small incomes have been, or are likely to be derived, owing to poverty of the soil, want of civilization consequent upon remote locality, absence of roads, &c. &c.

Again, my Lord, encourage "capitalist ten­ants," a class unknown generally in Ireland. The present small farmers of Ireland should be labourers, having no capital but their labour, and would be much better off if they received the interest of that capital in weekly payments, than once a year as now, incurring likewise considerable risks, and not tilling their land most profitably from poverty and ignorance. But before you can get English or Scotch, or even Irish capitalists to embark in Irish agriculture, you must make the certainty of life less doubtful; you must put down agrarian outrage and intimidation, and those who encourage disaffection. You hear of tenant rights, -what ever has the Irish tenant done to ameliorate his land upon leases of three lives, or thirty-one years, generally lasting for sixty years, and often for more? The answer is "nothing," "never." I know not a single case, but grudging his Land­lord any increase of rent that Ms labour might have produced in so long a term, and for which con­sideration in every instance these long leases have been granted; he has preferred to plod on in dirt and wretchedness, making no use of the long term granted to Mm, but to make himself for so long independent of his Landlord-knowing that he cannot turn him out. There are many leases that have been made in Ireland with covenants for draining and other purposes, which never have been fulfilled, and the law has withheld from Landlords

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the power of enforcing their fulfilment or breaking the lease. Let us henceforth have a different state of things.

Let us next consider Emigration. I think that now something of the sort should be encouraged ; but if the farming of the country improves, I doubt not there will be found work enough for all hands eventually. Should you give a free passage to emigrants, it should be chiefly to women, who are most instrumental in adding to our population, for one woman with twenty men will probably produce one child, whereas twenty women to one man may produce twenty children. There are some other con­siderations, which I cannot conclude without suggest­ing to your Lordship, such as the propriety of search­ing for minerals in the proper localities; experiments upon peat for charcoal and other purposes; improv­ing our fisheries, which now that potatoes are gone must be a source of food for our island; and teaching, by means of the Coast Guard, the ignorant the best means of catching and curing fish, and, if possible, assisting them with boats, nets, &e., for hire or sale. also inclined to think that much of the copper and other ores that are sent to Swansea, might be brought to a much more forward state in Ireland, and it would afford means of employment were it not permitted to be exported from the country, unless in a very forward state of preparation ; for without doubt much more money must go out of the country for food than has gone heretofore, and unless we can bring a corresponnding 'increased quantity back, we must become bankrupt ere long. The flax crop should also receive your attention, as it is not of an impoverishing nature to land and will provide a means of employment. We must either find some fresh source of traffic, or greatly

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increase those which we already possess, to meet our present expenditure, as we cannot expect that the Government of the country can give us assist­ance for an indefinite period. I would in conclusion remark, that the existing agreements "between Land­lord and tenant should not be interfered with, but with the consent of both parties they might have power to take the benefit of any new conditions that you may propose. Let not your acts be retrospective, but prospective; let what has been done, and cannot be undone without palpable injustice, alone; but if you give a man a chance to escape, and he does not choose to take advantage of it, on himself be the blame. There are also religious and political differ­ences which distract our unhappy country, which I will not enter upon further than to say, that I think the priests' fees upon marriages have much effect in getting those gentlemen to encourage them, and I believe that in some parishes they run to a large sum, yet in most the indigent Padre could ill afford to dispense with these dues.

I now recapitulate, Ireland is in distress, caused by the Potato Failure, Poor Landlords, and Bad Prospects;-to obviate these, encourage good hus­bandry and a better class of farmers, and by strict administration of the laws give a confidence to capitalists,-encourage a good class of Landlords; give them power to trade freely with their acres, but not to encumber them,-let the tenant trade freely with whatever his land can produce,-en­courage all attempts at improvement;-but lay not upon one, and that a small party, the whole burden of alleviating one of the greatest calamities that has ever befallen unhappy Ireland; and I have no doubt, that if you can carry out some such measures as I have here suggested, that we shall find

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this period, though one of much affliction, to, be the precurser of much national wealth and improve-ment I am,

My Lord, Your obedient Servant,

Anglo-Hibernicus

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