Democracy and Liberty. William Edward Hartpole Lecky

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Название Democracy and Liberty
Автор произведения William Edward Hartpole Lecky
Жанр Юриспруденция, право
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Издательство Юриспруденция, право
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isbn 9781614872207



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except the loss of a power which he ought not to exercise.’36 ‘I deny,’ said the English Chancellor, ‘that it [the Bill] will, in any degree whatever, diminish the rights of the landlord, or the value of the interest he possesses.’37 ‘I think,’ said Mr. Forster, ‘the final result of the measure within a few years will be, that the landowners of Ireland, small and large, will be better off than they are at this moment.’38 It was believed that rents would be often raised as well as often lowered, that the tenants who were moderately rented would, in consequence, abstain from going into the court, and that the Act would in practice apply only to a small number of over-rented tenancies. Lord Carlingford, who spoke with especial authority on all Irish questions, and who took the chief part in carrying the measure through the House of Lords, was very explicit. ‘My lords,’ he said, ‘I maintain that the provisions of this Bill will cause the landlords no money loss whatever. I believe that it will inflict upon them no loss of income, except in those cases in which a certain number of landlords may have imposed upon their tenants excessive and inequitable rents, which they are probably vainly trying to recover.’39

      Probably no one who was present when, with uplifted eyes, and saintly aspect, and exquisitely modulated intonation, the great speaker poured out these sonorous sentences, predicted that in a few short years he would identify himself with the men whom he had truly described as preaching ‘the doctrine of public plunder;’ demoralising a people by ‘teaching them to make the property of their neighbour the objects of their covetous desire;’ attempting to substitute ‘an anarchical oppression’ for the authority of law; making rapine their first object; seeking ‘to march through rapine to the dismemberment of the Empire;’ destroying the peace of life; aiming at ‘the servitude of good men, the impunity and supremacy of bad men.’ Few persons could have imagined that this virtuous statesman would soon be endeavouring to place the government of Ireland in the hands of those who were guilty of such things; that he would be employing all the resources of his matchless dialectic to attenuate their misdeeds; that he would denounce as coercion measures for the enforcement of the criminal law against the most merciless of oppressions, which were largely copied from his own legislation; that he would spend the evening of his long and brilliant public life in inflaming class animosities and reviving the almost extinct embers of provincial jealousies. It is perhaps somewhat less surprising that the Irish landlords continued to be attacked just as if the Acts of 1870 and 1881 had never been carried, and as if capricious evictions and rack-rents had not been rendered impossible.

      The Land Act of 1887, however, which reopened the settlement, was carried by a Unionist Government, and it again lowered rents which only four or five years before had been judicially fixed. It was said that the State, having undertaken to regulate rents, could not remain passive when prices had so greatly fallen, and that the political condition of the country imperatively demanded its intervention. It is true that, under the Act of 1881, the State, while reducing the rents of the Irish landlords, had guaranteed those reduced rents for fifteen years.43 It was a distinct, formal promise, resting on the national faith and on the authority of the Imperial Parliament. The promise was broken, but it was asked whether this was in truth a very different thing from what had already been done in 1881, when parliamentary and hereditary titles had been torn into shreds. The existing leaseholders were at the same time brought, for the first time, within the provisions of the clause for reducing rents. Mr. Gladstone had refused to do this in 1881; but it was said that it was intolerable that the flower of the Irish tenantry should alone be excluded from benefits which all other tenants so abundantly enjoyed, and that there was little chance of conciliating the Irish farmers if their leading and most intelligent members were left embittered by an exceptional disability.

      It will be observed that the State did not in this matter annul or dissolve a legal contract, leaving the two parties free to make fresh arrangements. It left one party wholly bound by the terms of the