The Express.
London, England, 1866-05-02 00:00:00

19:11ANT WONT IH IRZLUID.

Describing the contrast between the tenant ques-
tion in England and in Ireland, the Times proceeds to con•
tend that the state of things in the latter country justifies
an alteration of the legal presumption against the claims
of dispossessed tenants without a written security for the
value of their improvements, and that Mr. Fortesue's bill,
the main object of which is to promote the nee of written
contrasts between landlord and tenant, by making it the
interest of the landlord to insist upon having one, deserves
a favourable hewing from the landed interest of Ireland.
There can be no better reason given in favour of the bill
than what Mr. Whiteside employs as a reason against it.
So abject, awarding to him, is the servility of Irish
tenants, that if thus favoured by law they would blindly
sign any paper which their landlords might lay before
them. Ware this true, it would strongly confirm all that
has been said of the presence to which they are liable where
they have no sunray at all. We must deal with the pro-
blems before us, and of these one of the most urgent Is
that of keeping the best class of Irish farmers in the
country. Whatever does this, and stimulates their energy
by assuring to them its fruits, must ultimately benefit
their landlords too, and make them better rent-payers as
well as letter neighbours and better citizens.
The judoe of the provision in the bill enlarging the
power of the limited owner to make improvements at the
expense of his successor cannot, the Daily News thinks, be
denied, and on the principle of the provisions extending
over longer periods, the power given to limited owaers of
granting leases, and to diminish the occasions of recourse
to the courts, there can be no dispute. The third and most
important portion of the bill constituting the measure
one of tenant right—and upon which issue probably
will be joined—is the part which proposes that in
Use absence of any written contract to a contrary pur-
port, the outgoing tenant shall be legally, as he is now
morally and by usage, entitled to compensation for the
=exhausted value of his improvements. Lord Naas de-
nounces legislation to this effect as a violation of the
sacred rights of property. But property itself is only the
creation of law ; and surely legislation may modify for the
general good the rights which it creates. The fear ex-
premed that improvements will be made against the will of
the landlord deserves little consideration, as if the tenant

at will is improving too rapidly, a notice to quit will be
an effectual remedy. But though the justice of this
measure is self-evident, its necessity is relative to the con-
dition of Ireland, and cannot be appreciated emept by
persons acquainted with the state of things in that country.
The iirraid says Mr. Fortescne's measure is scarcely dc-
servag of serious attention; for its original provisions
are such as no legislature recognising the rights of pri-
vate property will be likely to sanction with its approval ;
and, furthermore, because, should it become law, it must,
in so far as the object sought to be obt►ined is concerned,
prove even a greater failure than the act it is presumed to
amend. No proprietor would be fool enough to let hie land
without first exacting a w.itten agreement that the pro-
visions of the bill should remain a dead letter. In point
of fact, the only result of the measure, if carried, must be
to prevent any attempt at improvements at all, or to limit
them to the extent sanctioned by the landlord. The
ministry cannot entertain the remotest hope of carrying
through such a measure by the aid of men possersing
estates in Great Britain, who would be little inclined to
sanction a law which, if passed, could be hereafter cited as
a precedent for a similar interference with the rights of
private property here.
There is one circumstance the TelegrapA mentions which
is of the happiest augury for Mr. Fortescue's measure.
Fifteen, or even ten years ago, it was impossible to induce
Irish members to believe that, on such a question, justice
to their country could be expected at the hands of the
parliament of Great Britain ; but, in the present session,
we have seen a deputation of 25 Irish members waiting
upon the Chancellor of the Exchequer, and holding lan-
guage so moderate and temperate as to encourage the
hope that unreasonable impracticability and vindictive
antagonism will no longer divide Irishmen from a govern-
ment and a parliament which are heartily desirous to be
not only just, but generous, towards them.