The Sun.
London, England, 1845-02-24 00:00:00

LABOURERS.

We must not omit to notice the system which prevails in a
greater or less degree in every part of Ireland, of letting land
for one or more crops, commonly known as the con-acre
system. The land so let is in some few districts called quar-
ter land or rood land.

Much has been said in condemnation of this system; but
still we are convinced that some practice of this nature is essen-
tial to the comfort, almost to the existence of the Irish pea-
sant. Under ordinary circumstances, the wages of his labour
alone will not enable him to purchase food and other necessa-
ries, and to pay even the most moderate rent. It becomes,
therefore, necessary that he should resort to some other means
for procuring subsistence, and these can only be found in the
occupation of a piece of ground which shall furnish a crop of
potatoes for food. This he generally takes from some farmer
in the neighbourhood, upon conditions which vary much, ac-
cording to the particular terms of agreement respecting the
ploughing, the manure, the seed, &c.
Although the taker of con-acre ground may, in ordinary
sears, receive a good return for the rent which he assumes,
yet, as the amount of such rent, although not unreasonable in
respect of the farmer's expenditure upon the land, is always
large with reference to the ordinary means of a labourer, a
bad season, and a failure in the crops leave the latter in a dis-
tressed condition, subject to a demand which he is wholly un-
able to meet.

A great improvement upon this system is effected where
landlords themselves, either by reserving small portions of
ground from the larger holdings, or by the application of some
portions of land in their own occupation, supply the cower
labourers upon their estates with small lots of ground, held im-
mediately under themselves, either for ones r more crops, or in
the nature of an allotment, and particularly if in connexion with
a decent cabin. We believe that the good effects of such a sys-
tem will be manifold with regard to the moral and physical con-
of the people. Not the least amongst the advantages wig
be, that the labourer will be thus brought into direct and fre-
quent communication with the landlord, who will be able gra-
dually to give useful instruction as to the most profitable mode
of cultivating, the lard, so as to obtain the largest amount of
produce. The rent should be a fair rent, and the quantity of
ground not larger than can be managed in the intervals of la-
bour for hire.

the different classes of occu-
In adverting to the condition of
piers in Ireland, we noticed, with deep regret, the state of the
cottiers and labourers in most parts of the country, from the
want of certain employment.
It would be impossible to describe adequately the privations
which they and their families habitually and patiently endure.
It will be seen in the evidence that in many districts their
only food is the potato, their only beverage water, that their
cabins are seldom a protection against the weather, that a bed
or a blanket is a rare luxury, and that nearly in all, their pig
and manure heap constitute their only property.
When we consider this state of things, and the large propor-
tion of the population which comes under the designation of
agricultural labourers, we have to repeat that the patient en-
durance which they exhibit is deserving of high commendation,
and entitles them to the best attention of Government and of
Parliament.
Their condition has engaged our most anxious considera-
tione.n
pUlapce is totlatitstrili period
temperance in which they have so generally persevered, and
not, we grieve to say, to any increased de nand fur their la-
bour. We deeply deplore the difficulty which exists in sug-
gesting any direct means for ameliorating their condition. We
tru t ,uch means may be
i found in the general improvement of
attributable anyalmost entirely to the habits of improvement that may have
taken
the country, and in the increased demand for labour, which we
hope will follow from the adoption of the suggestions we have
already ventured to offer. But there are one or two matters
from which, although they may be thought by some of trivial
importance, we are of opinion that some direct advantage
might be derived by the labouring population.
We have already adverted to the con-acre system. It will
be seen in the evidence that the contracts between the labourer
who hires, and the farmer who lets the plot of ground in which
the potatoes are to be planted, are usually verbal, and how
completely the latter is in the power of the former, in the event
of any dispute arising in reference to those contracts.
We recommend that a summary jurisdiction should be given
to magistrates at petty sessions, to hear and adjudicate upon
disputes respecting con-acre, where the plot of ground shall not
exceed half an acre.
Where a cottier is summoned before magistrates for tres-
pass committed by his pig, or for a nuisance, in his having a
heap of manure upon a public road, it appears not unfrequently
that the person under whom he holds his cabin has furnished
neither the means nor place to erect a pig-cot, or keep his
dung-heap from the road. It is worthy of consideration whe-
ther, as suggested by several witnesses, a fine might not be
imposed upon the person who has let the cabin without ad-
juncts, necessary alike to the public convenience, and for af-
fording the means of sustenance to the poor cottier ; and whe-
ther, in such cases, it might not be desirable to empower
magistrates at petty sessions to require the person by whom
the cabin is let to provide such adjuncts where possible; and
that, in default of doing so, he should be liable to a fine. Con-
sidering also the wretched condition in which so many cabins
in Ireland are found, and the sufferings and disease to which
our fellow-creatures, living in such hovels, are expoeed, it
would be extremely desirable, if it were possible to effect it,
that in all cases of cottier holdings the person who lets the
cabin should be bound to keep it in sufficient repair, and that
he should be compellable by magistrates to do so. It may also
be proper to enact that the person letting a cabin shall not be
entitled to recover his rent by any legal process, if it can be
shown that he has not kept it in tenantable repair.
We cannot, however, disguise from ourselves the great diffi-
culty of dealing by law with
such matters, and the danger lest
evils of this nature may be aggravated, rather that, • diminished,
by too hasty attempts to remove them by legislation.
have, therefore, felt ourselves unable to recommend any direct
measure for that purpose.
We trust the exposure of such a state of things may lead to
its remedy.

COUNTY-CESS.
We come now, in obedience to the instructions of Your Ma-
jesty's Commission, to consider the charges upon land in Ireland.
The principal of these are the poor-rate and the county-cess.
With respect to the former, we have endeavoured to ascer-
tain, in different parts of the country, the proportion which the
valuation, on which it is levied, bears to the letting value of
land ; but we have not entered further into the subject, as such
an inquiry, to be of any real utility, should. extend over all
parts of the island, and there are many in which the poor-law
could scarcely be said to have been in operation at the com-
mencement of our proceedings; we the less regret this, tas the
system must, at no distant period, be submitted to a separate
and distinct inquiry.
We must, however, observe, that complaints have been made,
that the tenant without a lease is at times deprived of thebenefit
and when claiming the
which the law intended to give him ;
legal deduction from his landlord, has been met with the re.
mark, "There is no use in my allowing you the poor-rate; as,
if 1 do, I must raise your rent."
The county-cess, under which general name a levy for many
different purposes is raised, has at different times been under
the consideration of Committees and Commissioners by whom
the reports, formerly referred to, have been presented to Par-
liament. As very little certain information prevails as to the
nature and extent of some of these demands, and the control
possessed by grand juries, which in this case are supposed to
represent the counties, we have called for returns for the years
1841-2-3 fr em each county, of the sums levied, and have sepa-
rated theminto two tables appended to this report (8 and 9),
one of which will exhibit the degree of control vested by law in
the grand jury,
ceis applied.
and the other the principal beads to which the

In the case of the Poor Relief Act, the Legislature decided
that in this new tax all property should be liable to the main-
tenance of the poor, and that the burden should be apportioned
between landlord and occupier, as it was considered that each
would then have a pecuniary interest in lessening the evils of
pauperism, and thereby keeping down the amount of taxation ;
but this reason does not apply to the county-cess, which has
existed for many years, and always been paid by the occupier.
The complaints before us were directed not more against the
amount, than against the time and mode of collection, the
number and payment of county officers; and the extent of com-
pulsory presentments; simply to charge one-half of the tax
upon the landlord would leave these subjects of complaint un-
touched. The Committee of 1830, and previous Committees,
recommended, that in all future leases a part or the whole of
all grand jury assessment be placed on the landlord; but the
Committee of 1844 on Townland Valuation, though they
quoted at length, anti apparently with approbation, the former
reports, recommend that all tenants should have the power of
deducting a proportion of the e.ounty-rate, as under the Poor-
law. We have given to this recommendation our most atten-
tive consideration, and we cannot concur in the conclusion at
which that Committee has arrived.

To transfer a burden from the yearly tenant who had
equitably engaged to pay it, to the landlord who had not en-
tered into such an implied contract, would, we consider, be a
measure which would materially disturb the existing relatioes
of the owner and occupier of such tenancies, whil•t after all,
it could produce only a very uncertain and unequal relief to the
tenants-at-will. To relieve the tenant holding under lease, by
authorising him to deduct from his landlord, woald be to re-
lieve him from a burden to the payment of which he had bound
himself by covenant.

The alteration which would charge the landlord with the
cess in all future contracts, and also for the lands now licld by

yearly tenants under hire, proceeds upon the theory that in
the latter case he has the power of reimbursing himself im-
mediately by a corresponding charge upon his truant.
Such, it must however be remembered, is not his exact
position; he has no immediate power of determining the
tenancy-at-will, and he may have to pay a considerable sum
before he is in a condition to obtain increased rent from
his tenant : nor will such an operation be facilitated by the
immense mass of tenants holding at will, whose interest will
unite them in opposition to the payment of an equivalent.
Moreover, the advantage of transferring a'l power over
county works to the landlord—a necessary consequence of
making him the sole cess-payer—we consider to be very
doubtful; for, in most instances, the resident occupiers, and
not the proprietor, who may be absent, are the parties most
interested in opening new roads, or constructing other works
of immediate utility.
Upon the whole, then, we cannot advise the great change
to which we adverted. We believe that it would in many
cases create a very unnecessary embarrassment to landlords ;
that it would greatly disappoint the tenants, and that it
would sew the seeds of much future dissension and discontent.

It has been suggested by some of the witnesses that re-
lieving the tenant from the demand of the ccss-collector would
be in itself an advantage ; and although we see difficulties in
compelling a landlord to pay the county-cess, yet it may be
worthy of consideration whether some inducement should not
be offered, in the shape of a per centage, to those landlords
who will voluntarily undertake to pay it, and lodge the some
with the treasurer before a certain day.
Independently of any question as to to the apportionment or
payment of the county- cess, there are points connected with the
subject that require distinct consideration.
We see much that is defective in the present grand jury
system, generally, and think it requires further revision. In
particular, we desire to see some plan devised for the constant
superintendence of the fiscal affairs of counties.
We think that by such means the county funds would be more
beneficially applied, and more economically managed.
The custom which has obtained so much of late years of
charging by Act of Parliament, and it may be according to an
ill-considered scale, large sums upon the respective counties,
and over which the grand juries have no control, has created
much discontent, and is liable to serious objection. The great
proportion of county charge is thus removed from the reach of
the rate-payers, and their power in regulating the county ex-
penditure becomes quite insignificant. But we shall presently
notice this class of presentments. "
In considering the subject, we have examined the nature of
the respective items of county expenditure—how far they may
be considered as fitting matters for local or general taxation—
how far the proprietor and occupier are respectively ante •
rested in them, and how far they are of prospective or imme-
diate advantage.
As the result of this investigation, we recommend, for the
reasons hereafter given, the transfer of the constabulary charge
to the Consolidated Fund—of the support of charitable institu-
tions to the respective unions—and that the cost of erecting
permanent county buildings should be borne by the proprietors.
These alterations would considerably reduce the gross amount
of county-cost ; and we feel hound to say, that, with regard
to the remainder, we think that the occupier has the ino.t im-
mediate interest.
The Committee of 1836, and the Commission of 1840, re-
commended that the office of Clerk of the Crown be united to
that of the Clerk of the Peace; and, as we believe that no per-
son has been appointed Clerk of the Crown since the Report of
that Commission, except on the understanding that he held his
office liable to future arrangement, we think that the time has
come when the offices should be united and held by a resident
officer. Where there have not been vacancies in which this
arrangement has been entered on, ts e think that there should
be as little delay as possible in consolidating these offices, care
being taken that the present burden on counties be not increased,
for the purpose of giving retiring allowances to those who are
perfectly able to discharge their duties. It is worthy of con-
sideration also, whether the office of Circuit Crown Solicitor
might not be abolished as vacancies occur, and his duties trans-
ferred to the Resident Officer acting as Clerk of the Peace and
Crown. By this arrangement the Magistrates would have an
efficient legal adviser ready to assist them in all cases of ins •
portance, and in investigating the evidence immediately upon
the occurrence of crime.
The offices also of treasurer and secretary of the grand jury
should be united under such arrangements as might prevent an
increase in the burdens of the counties, and secure the residence
of an efficient officer.
The inspection of weights and measures may be at once
transferred to the con,tabular; . The inspectors-general of
prisons should be remunerated for their travelling expenses, as
in Great Britain, particularly as they have now the examination
also of lunatic establishments. The conveyance of convicts
and the expenses of prosecutions should also be placed on the
same footing in both countries.
The system of county surveyors and their deputies gives rise
lo much dissatisfaction. It is worthy of considerat ion whether
the plan recommended by the Commission of 1841) might not,
with advantage, be appted to the inspection of county work,
and whether a small body of surveyors, pllecd un,!er the Coin-
inissioners of Public Works, might not be sufficient for gen-ral
inspection, leaving the details to a superior class of deputies, at
an adequate salary. Some of these changes may cause no in:-
mediate reduction of expense; we hope, however, that they
will insure, if adopted, a better execution of the duties of county
officers.

But great relief would be derived from an alteration in the
time of levy; and the following observations of tha Committee
of I s3O appear to us to have attracted too little of the attention
of those who have since that time endeavoured to correct ae
evils of the Irish grand jury system.
" It is in evidence that the presentment system, so far from
creating a more useful demand for labour, and thereby improv-
ing the condition of the poor, has at times a contrary tendency.
It is stated in the report of 1823, on the employment of the
poor in Ireland, ' that the demand for labour on .the public
roads generally occurs at the most inconvenient periods of the
year, either during the spring work of the farmer or daring his
hay harvest, or turf cutting in the sfimmer. If measures can
be adopted to distribute this work more judiciously, it will tend
to equalise the demand for labour at different periods of the
year, and to prevent the dangerous vicissitudes of an extended
demand for labour, suddenly followed by a diminution of the
means of employment.' A more equable distribution of these
works, and their execution at the times when the demand for
agricultural labour ceases, would undoubtedly contribute to im.
prove the condition of the working classes."
To endeavour to carry out this suggestion, and in accordance
with the plan proposed by the Commission of 1840, we recom-
mend that there should be but one presenting term in the year,
at or about the spring assizes, if it be thought advisable to con-
tinue the annual control of the grand jury, and as the amount
of county-cess is very large, that it should be levied and paid
into the county bank immediately when raised, so as to be
available for the accounting periods, which we suggest might
be fixed at the October sessions, before the assistant-barrister,
and at the spring assizes or April sessions. In this manner the
work done in summer might be paid for in October, and that
executed in winter, in March or April; while from the time at
which the sessions are at present held, the summer's work is
now generally paid for in March or April, and that executed in
winter about July or August. It will be seen from the evi-
dence, that in some of the southern counties it is the practice
(required as the witnesses conceive by the law), that no steps
be taken for the levy of money necessary to pay a contractor un-
til he has actually executed the work, so that he must remain
without his money for four or eight months longer, according
to the season of the year, unless he raise it by discount from
the county treasurer; and it is not, therefore, surprising, that
the grand jury of Kerry should find that the roads under the
Commissioners of Public Works, by whom the contractors are
paid monthly, as the work is executed, are kept up more eco-
nomically than those over which they have control, and should
have petitioned to have all placed under that board.
When the regular collection of the poor-rate shall be firmly
established, we think the charitable institutions may derive
their funds from that source more properly than from the
county-rate ; this will introduce, also, a much more equable
division of the amount between occupier and owner, and a fair
proportion will fall on the absentee. We do not, by this pro-
posal, mean to recommend that these institutions be placed
under the Poor-law Commissioners. By the appointment of
auditors of accounts, quite separate from the Assistant Com-
missioners, such a change has been made as will enable the ac •
counts to be placed under those officers, without at all render-
ing it necessary that the superintendence and control of the in-
stitutions be rested in the Poor-law Commissioners ; but it
would be a great improvement in the system if these auditors
were appointed by Government, and there were a power of ap-
peal to the Chief Remembrancer from their decision.
This would transfer from the county. cess to the poor-rate
a sum of about 130,0001. a year, which would probably be
raised to 200,0001. as soon as the system of subscriptions was
superseded by the more equitable levy under the poor-rate
valuation.
This'hasty review of the grand jury system would be incom-
plete, if we did not refer more particularly to the compulsory
presentments, from the rapid increase of which so much dissa-
tisfaction has arisen. It will be s-en from the returns which
we have had prepared, that of the whole amount of money levied
under grand jury presentments throughout Ireland, a propor-
tion of about one-third alone is at the option or under the
control of the grand jury at each assizes. The portion,
amounting to nearly two-fifths of the whole, which is raised
under presentments which these bodies are compelled to make,
either under the provisions of some Act of Parliament en •
forced by the authoritative direction of the presiding judge
of assize, is, in fact, a heavy tax for public purposes imposed
exclusively on the occupiers of Ireland. This is a system
which should be discontinued as quickly as circumstances will
permit.
The expense of the constabulary forms the heaviest item in
these compulsory presentments.
The co:.stabulary force in Ireland, as it. at present exists,
is regulated and organised principally under the 6th of Wil-
liam IV. cap. 13.
The power of appointment to the force rests with the Lord-
Lieutenant.

By clause 5, he is empowered to appoint one inspector-
general and one or two deputy inspectors-general.
By clause 7, to appoint four county inspectors. This has,
however, since been altered.
By clause 9, to appoint one sub-inspector for each county,
or county of a city, or county of a town, and two for the fol-
lowing counties : —Cork, Tipperary, Galway.
These are now called county inspectors.
By clause 11, to appoint for each county of a city and county
of a town (except the county of city of Dublin),
1 chief constable (now styled sub-inspector).
2 head constables, and not exceeding
100 sub-constables;
and to appoint for each barony, half-barony, or other division
of a barmy in each county at large,
1 chief constable (now styled sub-inspector),
2 head-constables, and not exceeding
16 sub-constables.

This clause also provided, that the Peace Preservation Force,
which, at the passing of this Act, was appointed for any dis-
trict, in consequence of the same being by proclamation de-
clared in a state of disturbance, or in consequence of the

magistrates of any county having certified the necessity for the
same, should continue.
By clause 12, the Lord-Lieutenant was empowered to appoint
an additional force on certificate of magistrates of the necessity
for the same ; and
By clause 13, to appoint an additional number for any
county or district proclaimed to be in a state of disturbance ;
at.d _ _ _

Clause 27, provides that the Lord-Lieutenant may remove
the force from one county to another, to remain as long as he
shall direct.
By clause 28, the expense of this removed force was made
chargeable on the district to which they are removed.
By clause 35, the expense of the force to be advanced out of
the Consolidated Fund. And
By clause 36, one moiety of such advances, except so much
as shall be for the
1. Salaries and expenses of the inspector-general, his de-
puties, and clerks,
2. And of stipendiary magistrates,
3. And of the receiver of the said force,
4. And of the paymasters in the several counties,
shall be raised by grand jury presentment off each county,
county of a city, or county of a town to which the same shall
relate.

A subsequent Act established the "reserve force," which is
organised and stationed at a depot near Dublin; the expense
of it is paid from the Consolidated Fund, except when it is
employed in any county, in which case the moiety of it is
chargeable to the district to which it is removed.
The constabulary is a disciplined and armed force, stationed
in regular barracks, and, under the law, Cie adoption of it is
ccmpulsory on the counties.
They perform some of the duties required from constables in
England; they escort prisoners, which was formerly done by
the military; they serve voting and other Poor-law papers,
for which they are paid by the boards of guardians ; they
attend assizes, elections, and on other public occasions; and
although as a detective force their numbers cannot be regu-
lated with reference to the number of military stationed in a
district, yet the authorities appear to be guided by that cir-
cumstance in their distribution as a corps for the mainte-
nance of peace.
From returns in the Appendix, the amount of the police
force sanctioned under the 11th clause, and the additions
under the 12th and 13th clauses, will be easily seen. From
the evidence of Colonel 111‘Gregor it appears, that the au-
thorities are of opinion, that under the 27th and iBth clauses,
any number of men may ba removed into a county, and be-
come chargeable thereto, by the direction of the Lord-Lieu-
tenant, although the number which he is allowed to appoint
in, or add to such county, may have been already appointed for,
and chargeable to it. Considering the stringent limitations
fixed by the earlier clauses of the Act, upon an increase of
the number of constabulary in any particular county, it appears
to us to admit of much doubt, whether the provisions of a later
clause (27) could have been intended to leave it in the power
of the Lord-Lieutenant to increase the burdens of local taxation,
by adding without limit to an armed force, which, as we
have shown, occupy in this country the position of a• standing
army, though not voted annually by Parliament. The 27th
clause seems to have been necessary to enable a constable to
act in a county different from that for which he had been ori-
ginally appointed.
When we consider these circumstances with respect to the
distribution of this force—the power exercised by the ,Lord-
Lieutenant over it—the entire absence of any control on the
part of any person or body in the county—the military cha-
racter of the force itself—and the fact, that since it has been
raised to anything approaching to its present amount, the
Government has been able proportionately to reduce the num-
ber of troops in Ireland—when, above all, we recollect the
deep interest that the whole empire must feel in the tranquillity
of Ireland, and the public importance of the duties of this
body being efficiently performed--we are of opinion that it
ought to be treated as a part of the national force, and that it
is not advisable or fair to levy a tax exclusively on the Irish
counties for the maintenance of it; but that the county-cess
ought to be lessened by the amount of charge for this force, so
far as:the number fixed by the Act for each county.
In the case of an increased force being sent under the pro•
visions of the 12th or 13th sections of the 6th of William IV.,
c. 13, into any particular_county, we recommend that the ex-
pense of such force shall be barne wholly by the district in
which it is required, and levied off the occupiers, until, on the
restoration of tranquillity, such force may be withdrawn.
There are some other matters which have been brought
under our notice in the course of our inquiry, and which, as
affecting materially the occupation of land, and the condition of
the occupier, require some observations on our part.
A great inconvenience is felt in many parts of Ireland from
a want of a unformity in weights and measures, and from undue
exactions by purchasers of agricultural produce, under the
name of allowances for beamage,&c.
Under ordinary circumstances, where the buyer and seller
may be considered as being on equal terms, legislation on such
matters may not be required ; but in Ireland, where the land-
holder is frequently the occupier of only a few acres, we think
he is too much in the power of the purchaser of his produce,
and ought to be protected by some alteration in the law in this

respect.
It has been suggested to us that the laws relating to the
leasing of mines by incapacitated persons, in respect to the pro-
portion of the gross produce which it is necessary for the lessor
to reserve, require amendment.
In reference to the registration of trees under the:existing
law, the benefit which the tenant elerives ceases almost imme-
diately upon the expiration of his lease • and when the lessor is
under strict limitation and legal disability, with respect to the
reservation of timber, the tenant agreeing to take out a new
lease may have no alternative but either to cut down the trees
or surrender his right. A slight amendment in the Act would
remedy this inconvenience.
The duty on glass, as it is now enforced and levied, operates
injuriously on the poorer classes, with respect to the comfort of
their habitations, and by enhancing the price upon the lowest
quality of glass, virtually prevents its use, even among the
occupiers of small farms. •
We cannot avoid directing attention to the evidence,
almost universally given, with respect to the injurious effect
of the loan fund system on an agricultural population. Well
adapted as it may be, or useful as it may have proved to
tradesmen and oth rs resident in towns and villages, who use
the money burrowed as capital, and repay the instalments
from their weekly profits, it evidently produces much evil when
resorted to by the small farmer for the purpose of paying
rent, in which case he has no weekly incomings to defray the
instalments, and when resident at a distance from the loan
office is subjected to much loss of time in making the repay-
ments. An important alteration was made in reference to the
loan fund system in Ireland by the 28th clause of the Act
6 and 7 Victoria, c. 91, by which the managers of loan
societies are empowered to make loans repayable by instal-
ments, at no shorter intervals than twenty-seven days, and with
interest at a rate not exceeding 10. per month in each pound.
It does not, however, appear that this alteration in the law
has ben' sufficiently made known, or that the extended period
of repayment has been adopted.
An improved system of loan funds under the provision to
which we have referred might operate to cheek the usurious
interest which is usually exacted by money lenders from the
small farmers, and of which many flagrant instances are detailed
in the evidence.