The Sun.
London, England, 1846-06-13 00:00:00

betnin 11 Ant

LONDON, SATURDAY, JUNE 13, 1846.

We yesterday traced the proceedings to be taken, in
order to make the compulsory improvements a charge
upon the inheritance of the lands, which they become
when registered with the clerk of the peace ; the
amount is limited to three years value of the land.
The next important part of the proposed measure is
the manner of arranging the compensation for such
improvements, to be paid to the outgoing tenant. In
this respect we think that the method contemplated
by the Bill is a considerable improvement on that sug-
gested by the Commissioners. They recommended
that if the tenant should be ejected, or his rent raised,
within thirty years, the landlord should be bound to
pay such a sum, not exceeding the maximum fixed, as
the work should then be valued at ; in other words, the
whole cost of the improvements as registered with
the clerk of the peace, making allowance for the
diminution in value by the lapse of time. The prin-
cipal objection to this method would be, that it would
create a fertile source of dissension and litigation
between the landlord and out-going tenant.
Few would be prepared to agree on the
present value of improvements which had been
effected perhaps twenty years before, and in
the great majority of cases recourse would be
had to law for the purpose of deciding that value, and
the feelings of both parties would be mutually em-
bittered. The Bill, on the other hand, greatly
simplifies this ; there can be no dispute as to the
sum payable; it takes the fair average of the
wear and tear of the improvements, and it ap-
portions the sum payable to the tenant accord-
ing to the time during which he has himself
been in the actual enjoyment thereof. Thus, if
removed during the first seven years, he shall receive
the entire sum he has expended; if at the end of four-
teen years, three-quarters ; at the end of twenty-one
years one-half, and at the end of 28 years one-
quarter. A further option is afforded to the landlord
with the view of inducing him to continue the tenant
in the occupation of the land, viz., that where the
period of the tenancy had expired antecedently to
the twenty-eight years, and the landlord chose to con-
tinue him in possession until the expiration of the whole
twenty-eight years, the tenant should not be entitled
to any compensation. This is fair enough as afford-
ing a premium to the landlord not to disturb the pre-
sent occupant ; we, however, sincerely trust that long
before such a provision could come into operation,
the extension of the Ulster tenant right to the whole
of Ireland will have taken away the utility of such a
provision. The next point is one which will too
frequently be required in Ireland, arising from the
injurious system of middlemen. It is that when the
immediate landlord, who paid the tenant for the im-
provements, had himself but a terminable interest in
the lands, he should be repaid the sum advanced by
him by those who succeed him in the estate. This is
but equitable and just, and a carrying out of the prin-
ciple on which the measure is founded, viz., that
those benefiting by the improvements should
be bound to pay therefor, and should not be
exposed to the temptation of seeking to evict their
tenants for the mere purpose of enjoying the im-
provements effected by them. The only remaining
provision is, that on the completion of the works by
mutual consent, the landlord should be at liberty to
pay the tenant the whole cost of the improvements,
and thereupon to obtain the allowance provided by
the Bill on the outlay. We think that this might
with great advantage be extended, and that the
landlord should at any time be at liberty to pay
the tenant the amount expended by him. It has
been considered on all sides most desirable that,
if practicable, the improvements should be effected
at the cost of the landlord, who, in the increased
value of his estate, and its freedom from change or
incumbrance of any kind, would find the most bene-

ficial result of his expenditure, while the entire capita
_ _ _

of the tenant would be devoted with the greatest utility
to its proper and legitimate object—the due and
proper stocking and cultivation of his farm. Such

,s the first of the three measures introduced

for the improvement of the relationship of landlord
and tenant, and we do think that, in the words of
Lord DEVON'S report, no single measure can be better
calculated to allay discontent and to promote sub-
stantial improvement throughout the country. Its
principal defects may be easily remedied in Com-
mittee, Its benefits will, however, be principally
for the future generation. Unfortunately, there is
no compensation afforded to tenants for improvements
already effected. We had hoped that there would no
longer be a possibility of the recurrence of such a scene

at that which was recently enacted at Bird-hill, where a
tenant, who had within a few years expended his
entire capital in permanent and valuable improve-
ments, by which the value of his holding was ma-
terially increased, was driven out with his family on

he wide world to destitution and ruin, without one
farthing's allowance for his large outlay, which
amounted to at least six times the rent in arrear. We
cannot see any difficulty which there would be in
giving full effect to such a provision. Arbitrators
might be appointed in a similar manner to that
provided by the Bill, and they might adjudicate not
merely on the propriety of the improvements which
had taken place, but on the cost actually incurred
and the time when it was expended. The provisions
of the Bill might then be extended thereto, and a vast
boon would thus be conferred on a large portion of
the tenant-farmers of Ireland, and an immediate be-
nefit to the country. The friends of the Irish farmer
je, at the *proper
a_Tdthey are numerous and intelligent in the House, will
doubtless'. seek to. insert a provision with such an
ohet
stage. The other Bills, though
already spoken will still eirthat of which we have
dristt he improvement
efl less consecluence than
Bien fo et a material improve-
ment. The first is a,
of the law with respect
ment. This appears almost entirely fossundanedd eject-
n
Commissioners' report. The right of distroal
...the
growing crops is altogether taken away. This
getsg
rid of a most vexatious power, and one
very
abused. The notice to the
likely to be
tenant of the amount claimed,, and permitting
the distress only to be made by virtue of a warrant
or order to distrain in writing, signed by the land-
lord or his agent, will be most valuable. The first
shows the tenant exactly the demand which he is
called on to liquidate, and the second takes the power
from a class of all others the last to which it could
properly be entrusted. We mean the bailiffi and
drivers, who were frequently guilty of the greatest
cruelty and oppression, in order to impress their em-
ployers with an idea of their own activity. It is
fitting that the responsibility attached to such a pro-
ceeding should be cast on the proper party, the
landlord or his agent.

There is, unfortunately, no clause carrying out the
recommendation of the Commissioners, " that the
occupying tenant, under a middleman or mesne land-
lord, should be protected by statute from the danger
of a double process of distress, to which he is at pre-
sent exposed." It appears that Lord LINCOLN wished
to have a provision on this subject introduced, but
that it had been struck out under the advice of
an eminent lawyer connected with Ireland : his Lord-
ship promises to be prepared with the grounds for
this course against the next discussion. We doubt if

THE SUN, LONDO

they will be found sufficiently cogent to set aside the
strongly expressed opinion of the Commissioners, we
have known some fearful cases of hardship to the
:occupying tenant, in fact ruin entailed on him by
the existence of such a power. The remainder of the
Bill relates to ejectment : the civil bill ejectment has
been retained ; it has been a vexata questio amongst
the best informed persons on the subject, whether
this power is beneficial to the tenant or otherwise. The
Commissioners reported in favour of its continuance.
It has certainly an advantage in its great cheapness,
compared with a similar proceeding in the superior
courts. The landlord will be bound to serve a notice
on the tenant of the amount claimed, and an increased
facility is given to the tenant to redeem before actual
possession is taken. We think this might advanta-
geously be extended to the six months after
the execution of the habere, within which time
the tenant has power to redeem by filing
a bill in a court cf equity, the heavy
costs of which might easily be dispensed with. A
power might also be given (perhaps with advantage)
to enable an under-tenant :to pay the proportion of
rent fairly due for his particular holding, and thereby
to stay proceedings, so far as he was concerned. In
many cases he may at present, through the default of
others, be evicted, although able and willing to pay
the entire sum due in respect of his own tenement.
The most valuable provision, however, is that which
enables the middleman's interest to be evicted with-
out serving any notice on or disturbing the under-
tenants, who will stand precisely as before. Much
difficulty will by this means be removed from the land-
lord, and it will prevent the recurrence of many of the
fearful and heartrending scenes which have recently
taken place in Ireland. The last is for the reduction of
the stamp duty on leases where the rental does not ex-
ceed 501. per annum. We have already stated the
benefit which will thereby be rendered not merely to
the people at large, but also to the revenue. Much
still remains to be done, but we gladly accept the
present measures as large and valuable instalments to
the tenants of Ireland. 'We hope the next instalment
will comprise the extension of the Ulster tenant
right, and the cultivation of the waste lands through-
out the kingdom.

Ireland continues to be the Parliamentary Sphynx,
and promises to continue yet awhile the inscrutable
problem, the solution of which has baffled the astute-
ness of so many statesmen. Eventful and extraordinary
as was the present session upon its commencement,
the position of the Commons and the Ministry at
this moment is, perhaps, altogether without a parallel.
There are simultaneously before that House two
legislative measures relating to our sister island—
both introduced by Government, and yet of an essen-
tially and 'diametrically opposite tendency—the one

coercive, the of her conciliatory. Upon the Curfew
Bill the Irish representatives cannot pronounce an
opinion without giving utterance to the most acrid in-
vective, or without evincing the most resolute and

unanimous antagonism to the Cabinet from which

has proceeded. Their reception, on the contrary, of the
three Bills propounded by that same Cabinet, and the

explication of which was uttered on Thursday by Lord
LINCOLN, has been cordial and generous in the ex -
tremest signification of those adjectives. On one
hand there are indications of resentment, ani-

mosity, and indignation ; on the other, of gratitude
and satisfaction. Those amongst our legislators
who are desirous of benefiting Great Britain

generally—independent of all conventional par-
tialities, and of all constituential predilections,

will assuredly never dream of ousting a Ministry pre

cisely at the very moment when the greatest social
and commercial boon that ever fell to the lot of
Englishmen to possess is on the eve of being assured
to them for ever ! Assuredly they will not be pre-
posterously intermeddling enough to annihilate the
tree just as the pear is ripe, and quivering
over our mouths ! Assuredly they will not render
the whole of this prolonged and arduous session

null and ineffective at the identical instant when

our statesmen are preparing to garner up the harvest
of their labours I They can preserve the liberties of
Irishmen intact, they can sustain their own in-
dividual consistency unsullied, and yet permit us to
obtain free trade. They can do this ! And again
Trc aak, aaa Wc arc
not expecting from the Irish Members any
resignation of their rights to interfere

when the happiness of their countrymen and

constituents is in any way threatened by a measure—
it would be madness and cruelty to anticipate such a
concession. Nor do we desire the acquisition of
free trade, if it must be purchased with anything de-
rogatory to the comfort or convenience of any division
of the United Kingdoms. But we do anticipate,
and we do desire, that no superfluous am-
bition to be regarded as patriotic and unflinching
will induce any sections of our Legislative Assembly,

so to coalesce in the earnestness of their opposition
to the reading of a certain Bill as to abruptly circum-
vent the good intentions of the Ministry, and by so

doing wantonly retard the possession of a
glorious policy. Can they not recognise in
the assumed fervour of their temporary associates the
vindictiveness of personal pique to the Premier rather
than a spontaneous goodwill towards Ireland ? Can
they not perceive that the irrigation of Terra del
Fuego, or the assessment of local taxes upon the
hedgers and ditchers of Paramata, would just as
readily excite the eloquence and arouse the enthu-
siasm of their qua si-colleagues if such matters could

as fully tend to the destruction of the present
Government ? Do they not, in fine, perceive that the
whole affair, from beginning to end, is a ruse for
their entrapment, very artfully designed upon the
surface, but very shallow notwithstanding? San-
guine that they have discovered thus much, we

shall look anxiously for the consequences in-
dicative of that discovery. Upon the ba-
lance of votes upon the obnoxious measure
depends the final assurance of free trade to Great
Britain. Upon that balance of those votes does not

depend the final rejection of a feudal policy towards
Ireland. The preference, therefore, to employ a
homely comparison, is one of chalk and cheese. It
is the exemplification of Esor's dog—dropping

,he substantial meal to seize the shadow in

the water. Before any rash decision be arrived
at, let another matter be taken into conside-
ration. Let all those legislators who declare them-
selves so explicitly as having the welfare of Ireland
at heart and who simultaneously evince so much
antagonism to the Ministry, let them, we say,
meditate seriously and dispassionately upon the
effect which must inevitably flow from the proposed
measures relating to landlord and tenant in that
country, such as those measures were shown to be by
Lord LINCOLN, and from such deductions let them
judge of the principles and sentiments by which the
present Cabinet is actuated—whether for good or
evil ? Before they drive matters to an issue, let them,
we repeat, scrutinize the commencement of the scheme
about to be introduced by the Noble Member for
Falkirk, and see if they cannot estimate its entire
dimensions as ex pede Herculem. A great responsi-
bility reposes in their hands ; the people
will not allow their confidence to be
abused with impunity. Irrespective of locality
and personality—not confining their notions
tyciounbaalritecoercionloaf
o mßo_ri 1 1
twhoietrh
snoreotuot any
lookingneyar
early
separate infraction of
pillow—our legislators must take retirement
at o
capacious
atphaeci
outs
o untaxedatnh de
comprehensive survey of the various questions now
awaiting their decision, or which have already received
their approbation; and, desiring only the general pros-
perity, and peace, and happiness of society, they must
act upon the dictates of their deductions. It is not
so much whether the Irishman consents to become
amenable to the laws, and to abstain from rioting, and
tumult, and murder, or that, like FALSTAFF,
he refuses his acquiescence "on compulsion !"
But it is whether Parliament is to be dissolved, the
Ministry disbanded, the ground towards the acquisi-
tion of free trade retraced, and the protective system
excitementthrown
finto e
general
the r a
lt teeth
election—these
f the people, amidstarethe the
excitement of a general election—these are the con-
con-
sequences which must be
earnestly do we commendtakethn into
eirconascicdoeurnattio;
consideration to
o
English and Irish representatives indiscriminately.
They are considerations of infinite moment.

A letter from Lucerne, in the New Zurich Gazette,
states that the almost simultaneous presence of the
three Ministers of Austria, France, and Prussia, in
that capital,
had for object to deter the FOPE'S Nuncio

from publishing the interdict against Argau, which is I
said to be in his hands.

Madrid letters and papers to the 6th have arrived

The Spanish Government had received dispatches
from Lisbon, dated the Ist. At that date, the PAL..
twEr.LA Ministry was in existence, and there appeared
to be every probability of its obtaining support.
Lisbon and Oporto both held out for the Govern-
ment, and several juntas had sent in their adhesion
to it. In relation to Portugal, the Herald() re-
affirms a rumour which it had mentioned on the
preceding day, viz., that a revolutionary junta had
been established at Coimbra, which was fully or-
ganised in every department, and which had issued a
circular, declaring that they would accept of nothing
,hort of perfect liberty for the people, a reduction in
the army, and the assemblage of a constituent Cortes.
The excursion of the Queen of SPAIN to the sea•side
has been countermanded. Don HENRY remains at
Bayonne, in consequence of having been deprived of
the services of Lieutenant VELARDE, his aide-de-
camp, who has been ordered by the Minister of
Marine to return to Ferrol.

The Trapani marriage is, it is said, no longer
possible ; the Prince of Coburg it is now considered
Kill be the succcssful candidate for her MAJESTY'S
hand.

It is reported that a band of robbers have seized
General SERANO, near Costa del Rio, and that they
demand a large sum of money for his ransom.
MADRID BOLSA, JUNE 6.—The Three per Cents.
were not quoted, but several private transactions
were concluded at 331 8 for cash.

We have received the Paris papers of Thursday.
The debate on Algeria had occupied the attention of
the Chamber of Deputies on Wednesday, and had
been distinguished by two remarkable orations, one
by M. DE LAMARTINE attacking the Govern-
ment, and the other by M. GUIZOT in its defence.
These speeches are commented on in all the Paris
papers. M. DE LAMARTINE denounced the cruelties
perpetrated by BUGEAUD in Africa, and M. GUIZOT, in
reply, read a letter, not from Marshal BUGEAUD, but
from Gen. LAMORICIERE, stating that he had restrained
his men from taking summary vengeance on the Arabs.
With regard to the future, M. GUIZOT considers that
France should rule in Algiers as the Dutch rule in
Java. He admits that no assimilation of race can be
made between Arabs and Europeans, but he declared
emphatically that neither the extermination nor the
banishment of the natives should form part of his
policy. The general discussion closed on Wednesday,
and on Thursday several of the items of the Budget
were voted.

In the Chamber of Peers the Dijon and Mulhouse
Railway Bill was under discussion.

It is feared that of the three French Cardinals one
only will be able to attend the conclave for the elec-
tion of Pope. The Cardinal Archbishop of Aix is
seriously ill, and the Cardinal Archbishop of ARRAS is
of so advanced an age that it is thought it will be im-
possible for him to undertake a journey to Rome.
The Cardinal Archbishop of LYONS will, it is feared,
be the only French Cardinal in the conclave.

The Three per Cents. closed on the Paris Bourse on Thursday at
82f. 85c. ; the Five per Cents., at 120 L 5c.; the Orleans ltailroad
shares,ll,243f. 75c.; Rouen, I,olof ; Havre, 743 f.; Great Northern, 735 f.;
,\.vignon, 8801. ; Vicrzon, 630 f. ; Bordeaux, 595 f. ; Troyes and Mon-
tereau, 385 E; Basle, 2zof. ; Fampoux, 412 f. 50c.; Dieppe, 415 f. ; Paris
and Strasburg, 5031. 75c. ; Tours and Nantes, 5151. ; Pails and
Lyons, 537 f. 50c.

The following are the quotations in the new lines :—Lyons and
Avignon, Definitives, 513 f. 75c. ; Bordeaux and Cette, ditto, 505 f.
LYONS, JUNE 9.—Marseilles 'and Avignon, 890 f. ; Paris and Or-
leans, 1,247 f. 50c. ; Rouen, 1,022 f. 50c. ; Great Northern, 740 f.

BUSINESS DONE IN FOREIGN RAILWAYS AT THE
LONDON STOCK EXCHANGE, JUNE 12.
Boulogne and Amiens, ll—Callao, Lirna, and Pacific Coast, 1%
—Dutch Rhenish, 7%—East Indian, %—Louvain and Jemappe, %
—Namur and Liege, 31„ —Northern of Fiance Constituted, 14
Orleans and Bordeaux, 101 i —Paris and Lyons Constituted, 6%—
Rouen and Havre, 2834 —West Flanders, 3%.

SHERIFFS' COURT.-(THIS DAY

(Before Mr. Commissioner BULLOCK.)