The British Press; or, Morning Literary Advertiser.
London, England, 1825-04-27 00:00:00

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therefore, both to debase the people, sweatier, the property wh)#
was their support. When things were reduced to that stateemas
it not indispensible to apply some remedial measure 7-111/feee.)
' The present one trenched on no right, nor did it interfere Is the
flighted degree with present interests. Before entering more imme-
diately into a consideration of the preamble of the Bill, perhaps f,,
would not be out of order to say a few weeds as to the real cha-
racter of an English freeholder. eome derive their right of voting
frotn freeholds of 4th. a year; another 'dub are these enjoying an-
nuities for life of the same amount. Though the lows, as for as
regards the first, were the same as in England, still the same cum.
1 plaints by no means. existed ; if there did exits complaints, they
were confined to the tenants of Bishops' lands, and to thoacof
a few of the oldest Catholic families in England; it was a
mockery to say that the Irish freehorder possessed any real
interest in the small portion of ground ihSch was cultivated by
him. No, he dragged on a miserable exititen'est, deriving merely
a scanty subsistence, little more than sufficient to support nature
(hear) ; and though he swears to his being werth forty shillings
a-year. in fact he had not an actual profiler so many pence; and
for the payment ch* his exorbitant rent he is frequently distrained
at sent to gaol. (Cries of " Hear, hear.") He is obliged to at-
eepd periodically at the Sessions; for the purport of swearing that
which he well knows and feels to be false—perjuring himself, too.
that he may support persons whose principles, if behave the power
lof thinking, he must despise. (Hear, hear.) In Englend none ref
there corrupt practices prevailel; persona cognizant of the English
system knew this well. It was usual, certainly, to can Vase the
1 mholders, and perhaps Nome little angry feeling was *exciter:* *lien
;they were not personally solicited for their votes ; that could not be
Alleged against them as a system of corruption ; it spoke their
sallaltaess ; it wee: a strong demonstration of their honesty, and of
the high:feeling of their own independence. (Cheers.) In Ireland
It was highly dangerous to go near your opponent's recants, and
1 woe unto the man who dares to canvass them—fighting a duel was
the inevitable consequence. (Great laughter.) Indeed, he beard
it was a "ruled point" inthe Irish Court of Las. (Much laughter,
and cries of " No. no.") Well, then, in the Court of Honour.
He knew it to he a fact, that iii the latter Court ft was a "ruled point"
that no man was to canvass the tenants of another, and that such
an act was to 'oe justified only at the pistol's mouth. Indeed he
was told by the Honourable Member fur apiway (Mr. Martin),
who was more acquainted than he was with the etiquette on melt
such occasions, that the crime vas of so unjustifiable a nature ES
to require the person committing i( to receive his adversary's fire,
and not to return it. (Continued laughter.) To proceed to the ques-
tion, they had the evidence of Mr. Leslie luster, which went to
show the corrupt state of the Irish forty shilling freeholders. Now
that he had mentioned the evidence, he hoped most sincere] that
it would be read by the English, and by the country at .
l(Bear.) Any person not so doing was not qualified ether to consi ,r;
the present question, or that of Catholic Emancipation. (Cries of
" Hear, hear.") The next evidence to which he alluded was
Tare
that of Mr. Blake, t gentleman of considerable information, ant:
whose opinion deserved the highest respect. That gentleman, in.
answer to a question, whether the forty shilling freeholders exercise
a free choice ? answer—Deckledly.not. And to another question
he replies—that they were a mere ratiole. -Next in order came the
evidence of Mr. O'Connell. (The Hon.. jllember then read the
following extract from Mr. O'Connell's evieence.)
" You hare stated that the usage generally in the counties you
referred to was, that the tenants held by parol agreement, or by a
written agreement, not recorded on stamped paper?-1 stated that
as one of the ill effects of stamp duties upon tenures.
" You are perhaps aware, that that has not operated very eater.-
sively to the prevention of the registry freeholders, which can only
be made upon stamped instruments ?—With respect to the registry
of freeholders, there being landlords, having a particular etienulue
to register freeholds, they would go to the expense of the stamp
duty; and besides that, the tenant there is supposed allays to
have an interest in the land, so that the case of traffic in freeholders
is not applicable to my observation. I have Lumen, however,
many freeholder* registered upon Unstamped, papa of late yeah t
if the Inferior officer be in that interest, the thing May take place,
and easily.
" In cases of the creation of freehold interest on stamped paper,
have you known any instances in which the freehold lease, though
executed, has not been delivered over to the possession of tics
tenant, but has been kept in the hands of the landlord ?—Yes, I
have known instances of that, and the complaints of it are not at
all unfrequent.
"Arisingout of that, even in those cases where there is a stamped
agreement between the parries, and where therefore the tenant
has a legal instrument ascertaining and establishing his right, the
same species of dependence which you have already alluded to still ~
subsists, if that instrument remains in the hands of she landlord ?—: ,f4Fr
It does, and I have known it exercised ; certainly to exercise it at '''';
all would be improper; but I have known it exercised very im-
properly.

,
"The Committee understand you to state, that you have known
instances of freeholders being registered, wh,..ze the lea.es under
which they were registered were on unstainped paper ?-I'es.
" Can you state any ins•ances imwhich you know it of your own
knowledge ?--I ern no: prepared to mention rounes it would be
i:nposeible fur me to state particular instances; I have known the
thing occur.
"It is illegal, is it not P—lt must be illegal, because neither te-
,
nitre nor contract for had ran be matio in Ireland Without a stamp.
" Arc you aware that the certificate vwns that is is upon stamped
paper ?—Yes, but that is recent.
" Therefore the Clerk of the Peace would be the person who
would be in fault ?--Since the Fusing of that Act, w.. eh is ezr.
talnly a recent Act. _

Are you cf opinion that there is any great difficult,- In making
registries of freeholds, without the business being very acairately
performed a:carding to law ?—The greatest facility; the Clerk of
the Peace can appoint his deputy, any man can be his deputy for
the moment, and it is the easiest thing in the world to register free-
holds upon
.the prescM system, without either freehold or valid
to • t ute a freehold-s; there must be first tenure, that Is
to say, a grant for a life or lives to constitute a freehold; in ostler
CO registry there must be at the utmost such a rent u would lease
the freeholder a profit of forty shillings a year. Now I hare
known numerous instances, where, if a peasant was made to swear
he had a freehold of forty shillings, he would have perjured himself
in the grossest way and in those instances a friendly magistrate or
two may very easily get into the room; an adjourn:mn of the
Sessions for the purpose of registry is the easiest thing in the world,
because the Act of Parliament gives validity to the registry. not-
withstanding an irregularity in the adjournment of the Sessions •
therefore two Magistrates cast come together very easily, get th;
Deputy of the Clerk of the Peace to attend, and the/ can register
upon unstamped paper if they please. They can register with the
life described in such away. that that life will be either dead or
living, as they please, at the next elccion ; John Olhiscol or Ti..
mothy Sullivan, or am, thing of that kind. Frauds with reipect to
the registry of freeholds are very considerable.'
At the some time it would be an injustice to the Learned Gent. not
to state that he farther uses the following words :—" But still it is, I
take it, a very grrat advantage to the Irish peasant on the whole to
have the power giren him of voting from a 401. freeholder." (Cries
of " hear, hear.") .ttal who wutbere that did not feel thatthe great
advantage of the Act of 1703. giving to the Irish freeholder the right
to vote, was the having a large Catholic interest in that House.
This wes a conclusion to which many had come. anti from which
he did not dissent. To proceed with the evidence, Mr. Shed de-
scribes them as possessing a " mere semblance of authority." He
says that " they trc driven in droves to it.e hosting§ to vote for the
nominee of their landlord." Next comes the evidence of Mr.
Hugh Wallace, a gentleman well aetinaintri with the country.
He is a solicitor, conversant with the system in the counties of
Down and Antrim--counties in which, be it remarked, the evil
prevail' to a less extent than in an/ other part of Ireisod. The
Honourable :II ember theu reatlthe following extract from the evi-
dence of Mr. Walhace
" Do you think ant kindness is induced from the landlord to his
tenantry, by the fart of their having those forty-shilling fre.holds?
—I question very much it there is.
" In some eases, does not it lead to acts of hardship upon the
part of the landlord towards hie tenants, where the tenants refuse
the Isndlord's solicitation for their vines ?—That I bare no doubt of.

" Do you know in what manner some of the propnotors in Ire-
land are in the habit of controlling the votes of their tenants ?—I
know two modes by which they harass the tenants who do not vote
as they wish them to do.
" you be good enough to state them ?—One is, preventing
them from having bog grour.d, (the right of cutting, in the bop of
the landlord, firing for the tenant,) which, in general, is not granted
by the leases, but is an easement that they are Rennitted to enjoy
by the landlords ; the other is, the compelling them, upon est arcs
where it has always been allowed that half a year's rent should be
in the P.nant's hands, to pay up that to the day it becomes due.
"So that, if the forty-shilling freeholder sores according to his
own judgment, he its immediately obliged to pay un what is called
the back half-year's rent, and is deprived of bring for the next halt-
year ?—lies.
• The right of fuel is not leased out with the freehold ?—lt is
not.

" Generally sneaking, those for:y-shilling freeholders exercise no
fieetloin of election whatever ?—Geneeally speaking, I do not con-
ceive they do ; I conceive quite the reverse.
" If there were no pentane' motives which induce them to regis-
ter their freeholds, do you conceive that. upon general grounds. then
would haves dispos.tion to register their freeholds ?—I do not con-
ceive that they would take the trouble.
" rots stated, that you have known hog: tracts of land. which.
upon falling out into lease. bad been divided among vev ;tat lessees 7.
were those persons rub-tenants, existing upon the farm at the tinsel.
—ln misny cases they wire not.
" Then they must have been persons who have been introduced
for the sole purpose of making freeholders P--On some estates, the
lands were put up. in fact, to be let.
" De you conceive that they were so put up to be let for the pur-
pose of obtaining the highest rents that could be obtained. or for
the purpose of introducing a large number of freeholders upon the
estate ?—When they were put up to be let. I conceive that they
were put up for the purpose of drawing to the landlord a greater
profit, in the shape of rent."
The next evidence to which he wreild advert waa,the pure, ones-
phisneated evidence of the Honourable Member for Kilkenny (the
Right Honourable Dennis Browne). It was as follow.
Did it ever occur to yon, that it would be desirable to nuke
the abclitioz of the fort:4hithog freeholtte3 a put of Vatholth

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