1870.] MR. GLADSTONE ON IRISH LAND BILL. 385

universities of Oxford and Cambridge; for the extension of the incidence of rating, and for the placing of the collection of large sums raised locally for various purposes on a simple and uniform footing; for amending the laws regulating the granting of licenses for the sale of fermented and spirituous liquors; for regulating the succession of real property in case of intestacy; for amending the laws imposing certain disabilities on the members of trade-combinations, which were complained of as pressing unfairly on them; and lastly, for consolidating and improving the statutes relating to the merchant shipping.

Such was the legislative programme of the government. Probably no previous administration had proposed to deal with so large a number of difficult and important questions in a single session. Mr. Bright had illustrated the difficulty of the task they had undertaken by comparing it to the attempt to drive six omnibuses abreast of each other through Temple Bar. His colleague, Mr. Forster, had suggested that the six omnibuses might safely follow one another; but the event showed that Mr. Bright had formed a more correct estimate of the difficulty and delicacy of the task which the government had undertaken. Mr. Gladstone too, though quite ready to face the position which he and his colleagues had created, was perfectly well aware of the formidable nature of the work before him, at least if we may judge by the promptitude with which he introduced his first measure, and that which under existing circumstances was the most important—the Irish land bill. He asked leave to bring it in on Tuesday, 15th February. An immense audience had gathered to hear his explanation of the measure. That explanation we will give in the premier's own words, with such abridgment and condensation as the length of his remarks and the smallness of our space render necessary.

'In the first place, the bill proposes the enlargement of the power of the limited owner in regard both to lease and rate. Assistance will be given by loans of public money to occupiers disposed and able to purchase the cultivated lands now in their occupation where the landlords are willing to sell. Facilities will also be given to landlords, by means of loan, to prepare waste lands for occupation, by the making of roads and the erection of necessary

VOL. III.

CC

buildings; and to assist purchasers of reclaimed lands, upon the security of the seller and buyer, or the provision of other security of an adequate nature. These transactions will be managed by the board of works in Dublin. With regard to occupation, the new law will be administered by a court of arbitration and a civil-bill court, with an appellate tribunal consisting of two, and in case of necessity three, judges of assize; the judges having power to reserve a case for a court for land causes in Dublin, to be composed of equity and common-law judges.

At present there are four descriptions of holdings in Ireland which I have thought it my duty to keep specially in view. The first of these is known as the Ulster custom. This custom, where it exists, the bill will convert into a law, to which the new courts will give effect. The second class of holdings are those which prevail under customs and usages other than that of Ulster; and these too are to be legalised, subject to the restriction that the tenant may claim the benefit of them as an absolute right only in cases where he is disturbed in his tenancy by the act of his landlord, if he has not been evicted for non-payment of rent, and has not sub-let or sub-divided his holding without the landlord's consent. All arrears of rent and all damages done by the tenant to the farm may be pleaded by the landlord as a set-off, and the landlord may bar the pleading of any such custom, if he chooses to give his tenant a lease for not less than thirty-one years.

'Where the buildings are not connected with any custom there will be a scale of damages for evictions. In the case of holdings above fifty pounds a year, the parties may contract themselves out of the scale of damages, on the landlord giving a thirty-one years' lease, and undertaking to execute necessary improvements.

In cases of eviction the following will be the scale of damages: If the holding is not valued in the public valuation over 10l. a year, the judge may award the holder a sum not exceeding seven years' rent; between 101. and 50l. a year, a sum not exceeding five years' rent; between 501. and 100l. a year, a sum not exceeding three years' rent; and above 100l. a year, not exceeding two years' rent.

1870.] MR. GLADSTONE ON IRISH LAND BILL. 387

In addition to this, the question of permanent buildings and the reclamation of land will have to be dealt with.

For the purpose of promoting improvements, advances of money will be authorised to landlords, to enable them to defray any charge raised against them in the way of improvement in the case of tenants retiring by an act of their own. The principle on which I propose to deal with improvements is, that they must have a rentable value and be suitable to the holdings, and the burden of proof will be laid on the landlords. In other words, improvements should be the work of the tenant, and the landlord should show that they are not necessary; and the measure will not be limited to future improvements, but will be extended to those already made. No claim will be allowed for any improvement made twenty years before the passing of the act, unless it is an improvement of the nature of a permanent building, or a reclamation of land; nor if the tenant holds under an existing lease or contract which forbids it; and in the case of past improvements the court may take into consideration the terms for which, and the terms on which, they have already been enjoyed by the tenant. No claim will be allowed in respect of improvements contrary to a future contract voluntarily entered into by the tenant, and which are not required for the due cultivation of the farm.

'As to lands under lease, a landlord may exempt his lands from being subject to any custom except the Ulster custom, provided that he agrees to give his tenant a lease for thirty-one years; but the lease must leave to the tenant at the close of that term a right to claim compensation under three heads-namely, tillages and manures, permanent buildings, and reclamation of lands.

From the moment the bill is passed every Irishman will be absolutely responsible for every contract into which he enters. Non-payment of rent will be held as a bar to any claim on the landlord, reserving, however, discretion to the courts in certain cases. Notices to quit will have to be for twelve months instead of six, and date from the last day of the current year; and the notice must have a stamp duty of two shillings and sixpence.

The bill also proposes to deal with the question of the county cess, which it will assimilate to the poor-rate. In

every new tenancy it will have to be paid in moieties by landlord and tenant, as the poor-rate is now paid, and in every old tenancy under 4l. a year the occupier will be at once relieved.

Such are the principal provisions of our bill. The government are far from believing it to be a perfect measure; and invite in thorough good faith the co-operation of all parties to make it as nearly perfect as possible; for their desire is that it should become a great gift to Ireland, and be the means of putting an end to the grievances and sufferings that have so long been associated with the tenure of land in that country. I am sanguine in the hope that it will pass, not as the triumph of a party, but as a great work of good-will for the common good of our common country, and that its result will be to diffuse the blessings of peace, order, and industry over a smiling land.'

Mr. Hardy, who in the absence of Mr. Disraeli acted as leader of the conservative party, showed every disposition to receive the measure thus placed before the House in a fair and candid spirit. He promised that the party he represented would approach the consideration of the bill with the single object of making it just, practical, and conciliatory, and he readily agreed to the proposal made by Mr. Gladstone that the question of the second reading should be fixed for the 7th March; in fact, the feeling of the House was decidedly in favour of a measure which grappled with the Irish difficulty in a bold and statesmanlike spirit.

The debate on the second reading commenced, as had been agreed, on the 7th March; and as there was no party struggle, it was carried on without much animation till the 11th of that month. Mr. Disraeli, who had been prevented by illness from attending the House of Commons, appeared in his place, though evidently still suffering, and spoke ably, wittily, and moderately against the bill. At the conclusion of the debate it was read a second time without opposition.

But though the principle of the bill was favourably received, it was inevitable that the details of such a measure should be jealously scrutinised; for it was felt, that though the bill was intended to meet the peculiar circum

1870.]

THE EDUCATION BILL.

389

stances in which Ireland was placed, it would scarcely be possible long to withhold from the English tenant the privileges and advantages bestowed on his Irish confrère. Accordingly three hundred notices of amendments were given. In order to gain time for their consideration, as well as that of the other numerous and important measures that were to be submitted by the government, it was agreed, at the suggestion of the prime-minister, that morning sittings should be holden. The bill went through committee with only such alterations as the government consented to accept, and was then carried up to the House of Lords, and read there a first and second time without opposition. Several amendments were made in committee, to which, with one exception, the government and the House of Commons agreed; and this important measure became law on the 1st of August.

The bill by which it was proposed to deal with the question of national education was introduced only two days after the Irish land bill by Mr. Forster, to whose department the question belonged. The necessity for such a bill was great and evident. After all that had been said and done in reference to this question, two-thirds of the juvenile population of the country were without elementary education; and the question for the consideration of the government and the legislature was, how this large residue should be brought under instruction; and in order that this might be effected it was necessary not only to provide new schools, but also to overcome the reluctance and indifference of parents. The explanation given by Mr. Forster of the scheme by which the government proposed to meet these objects was briefly this:

'It is our purpose to secure by enactment that there shall be efficient school provision in every district of England where it is wanted. The districts will be the civil parishes; and having divided England into districts, steps will then be taken to ascertain the educational provision and their wants. If we find that in any district the educational facilities afford a due amount of primary secular instruction, that district will be let alone as long as it continues to be supplied with educational facilities. I now come to the condition of the schools which may be entitled to government aid. The first stipulation will be, that they should