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

RE

PORT OF THE IHISH LAND

COMMISSIONERS.
TO THE QUEEN'S MOST EXCELLENT MAJESTY.
May it please your Majesty,
Your Majesty's commission, bearing date the 20th of Nov.,
1843, having directed us to inquire into the state of the law
and practice, in respect to the occupation of land in Ireland,
Vchar in respect also to the burdens
of county cess and other
ges which fail respectively on the landlord and occupying
enant ; and to report as to the ainci,dments, if any, of the
"isting laws, which, having due regard to the just rights of
PrOperty, may be calculated to encourage the cultivation of the
',3rto extend a better system of agriculture, and to improve
'i!e elatlsm between landlord and tenant in that part of the
United Kingdom,
ineev7greinttaig,reitiso,,,
h.eitleids nuosstroofu,r,undu. duty to lay before your Majesty statement of our proceedings, and the opinions which our
s We met in Dublin early in December, and appointed as our
ttitravtoeteod..
,Jaonhdn
resident for
cenrnmedany, formerly of the Royal
y,
f • years in Ireland, where he has
much attention to all matters connected with land in
r, entry.
t "or attention was, in the first instance, naturally directedd
tenanto examination of the state of the law of landlord an
tumet, arid the practice under it ; and with this vi, w weexa-
engsa,„l"n,ally of the assistant barristers and agents extensively
coon7'4 In the management of estates in different parts the
gener4ri', and other persons whom we thought likely to give us
inform at ion.
stir tb
of our . e Purpose also of obtaining evidence upon the subjects.r(mi
rasiol inquiry from different parts of the country, and f
Pendell classes of persons, we addressed the letter (No. 1, al.-
eveto this report ) to every board of guardians throughout
s4"tfY, to every Bishop of the Established Church, to
teri 116 m"
Catholic Bishop and to the heads of the Presby-
alSisasnsn%h.urcli, from whom- 'generally we received material
!cum&
•Parts of ,‘,(:us communications soon poured in upon us, from all
cular '"e country, many of them having reference to parli-
for iuca4,es, and others conveying suggestions, or giving hints
also -4ePluYl and several documents, and some witnesses were.
2,nt to us for examination by a committee of the Repeal
lArt~ss?l,?ls,•ti"• We then addressed the circular (No. 2) to the
ceiveds ircnn whom replies to our former letter had been re-
ststero ; aho sent the letter (No. 3) to those by whomd
called sent' of particular cases had been forwarded to us, a.n
ser _ 'oc several returns, to some of which more particular re-
Fro will hereafter be made.
tesorr"l these various sources much information was derived
After e left Dublin.
I.suttlshort time we proceeded through the counties of
llonsthititor rnagh, Down, Antrim, Londonderry, Tyrone, and
We ts •
*ittes,“en a6journed to London, where we examined some
Plated and in the course of the summer and autumn corns
flotight',4r tour through the country, having thus visited and
taste a'nformation in every county in Ireland, and having at
Witsp,'"an 90 towns examined upon oath upwards of 1,100
and d-4", the whole of whose es•id, nee, with their names
Wee'seriPtions, will be found in the Appendix.
el% "ave thus obtained information from persons of every
Preb„ 0_,(1 condition f life, and have caused indexes to be
tere';;:_u_ in such a form. as' will afford a ready means of
talren7 to any part of the evidence which has been thus
We
eXplained, in the letter before referred to (No. 3), the
~r,-"e'Ple upon which we should feel it our duty sometimes to
it :stigate individual cases, and to hear comlaints, for which
a' wholly beyond the scope of our commission to afford any
eraedy.
Ilan
thott y such statements have been made to us which, al-
t., gli each of them may probably relate to a single case, yet,
'llen together, would, if well founded, furnish evidence of
rihe system calling for alteration and amendment.
enever the evidence had reference to the conduct of an
~sindividual, we felt it our duty, as far as possible, to communi-
eat •`
stl.e e with h• im, and afford every opportunity for explanation.
~ statements forwarded in reply to our circulars ( Nos. 5
by those who dud not consider it necessary to tender
coetn'lL'elves for examination, we have inserted in the Appendix
hats,tig such passages as appeared to us irrelevant;. and we
J.taken care, by a note in the margin of the evidence, to
Jadenable a reference to be made at once to the explanation, and a
In tirnelat to be thus formed as to the real state of the case.
appeared majority of cases, this course of proceeding has
soCeilf_ d to give satisfaction to the parties concerned ;
.but, in
answervery few instances, individuals have declined to give any
bi,ri to allegations which they designated as calumnious ort
the er;'_,eand have therefore left us no alternative but to repor
pretvo. lace without any explanatory statement.
, stame.,l"uslY to our leaving Dublin, we had prepared and cir-
tort t paper of queries ( No. 4), with a view to point atten-
-14%49 directed.those subjects to which our examination would be prin-
In
the
guid,cl , selection of witnesses for examination we were
the °}' the recommendation of the board of guardians or of
ezragrtYlinanedd others, made in consequence of our circular; we
ultht numerous persons who tendered evidence,
.and
sense -tit others from whom we thought that we might
We had information•
letsetst'ild with us also a full register of all the documents and
**-10 all nat had been sent to us, with complaints or suggestions
°lftiownth we gave such attention and made such in-
tiest,
seeingtrhecPect them, as, in the best exercise of our judg-
adp to reqnire.
,si.oer „ all this, we. saw and conversed with a great
-•""t l'ers°n9 at differentplaces, whose examination upon
e aid
vague_ sot think it proper to take, either on account of
ela,,l,e' of their statement or of the length of tie that
etso:se;:lo::Y:teutiaorsnlensilesitoin,eufa'cts referrl. to had
.oc.curred (10, 20, or
tect, w e 3), or because, admitting all their assertions to be
hl
R a Jost lountl they could not afford materials towards form-
pon the snbjects referred to us.
v ence has run to a great length, and contains neces-
"Y moo,
g of repetition aid sameness. But. we.
,weret
hay.i;tlik,,t4o°Jeuxe.t ourselves to criticism upon this account

1,„,"If toa.l. Afiese ourselves to the more seriouso 8-I;"ned, or 'ca. partial selection, either o
hpieh
our evidence
°414 al) I °.
the Places or subjects to w teoh abregee xo.
eot)tlr bPI Y.
oi-linytni::eitthvvtasespteoetptroestehnet
oaegeeonpeartaiol
ovieowf
land,oft
kaki, done by f I 1
and
state
thisof
couldatnl
de
II „liratiod,..., frequently putting,latehees.same question
' of
oe•rnre ,11,`,...:,nouiries in differentdtihiql statement of the result.
kt,oll _ irtiir.,[l4 upon any
pro (bye to .7. we think it may naottehroe uarnit,netrerienstv,inhgicohrluondineod-f
Pert • give a slight sketch 01 tl
eYjea,4; Ya,,:dn l_eela.nd has been dealt with wr-eit,bie,fvorisa
inlo,ineg,..ts4rti.essotia
t.,'", tioders,7e_ner,lieve that st!
'4ll of th`,,tllin. of the sub subject and to the successful itiseesviis
I'4
tPht tme: sources from ' many of the present
bt,IY eelteolvti contentions which at various periods and during
' titles
orralp disturbed the repose of
feudal tenure
k, el te the 'e ally passed from the ofS coi.,lrl atenedr,
1 14.,t‘ltis
if:
rtnproerseenctiviailv,i‘..ed relation of landlord and tenant, as
relkiltlitdi; ::' briefly to show how different has been the case in
eeati ‘ nterin at any length into the history o.hf.thheepxaesrt_,
1ekt4,1,11 silo,°itlevrld.tiogticinga few prominentth emeaxtLetrisogit
11 °l'd anti La' Influence in producing '4%4,4
of tenant. We alluderelationtc of
Ilf!astly,
thelizabeth and James— .he N
to the. convafirsscaotifoncs
ttilo.;,fiek,
of penal cio,die.. roamhdweeollt
any instances, to the possession
o
tirigiao,lNets by indiv(l'lnamlsmcc hose more
'I extensive. estates L's
itttl4la4 de them ss regardle and neglectful of their poper.
lattt}ie d.
of , eloieo.,confiscations of the lands of O'btieitlhl
einptlhaentiaitoirotnhs,
sht6l,llte, 4,,`!,, irn the south, were followedsettlement of Scotch
et4tor-ngli,hll... Munster ; the extensive .
otb 'its Abi
~" the counties of Ulster has introdueerelovhinaebeitsfraontod
a, ,er Part," give a different character to. that fe',C, tl th ;°f the island. Hence also is supposed to have
oet,r_e he, Istern of tenant-right, which,
tootßoi.oe
a; e relation of landlord and tenant,
aaforming
we shallhave
tor: iroperferWards to not ice. In Munster e
undertakers,lantatioonnsaveas.
ii Plineri tIY carried out, and a class of
'th hY those ai ti, e tertli_ _ followers whom they
dliale oativ4oefatheir grant to introduce,ts_ heeteearemeeqtuhaelllyanbd?,u,rndds
1 IIIear that
raenat,ry in man3:atfiTr of those districts, pro-
little change.
,t:Naeredi:tiforntTrers w°hho' obtained d I;entures from Cromwell,
tpi.,4. ly oesi
jee most part, a smalle proprietary ; and, bring
i'ltkAteY
sdiffer:ott.tft,rnenixetzised andoieneflduehn
pro
et The:e of km-111er reign:t ycetloine t largehe relations
and absent ° f
itt!'nerdeot'f6scations were followed at a
.later period by the
tb,atila ,Ith the penal laws, which, affecting as-tl-ey did, the
to at
h:Potnan Catholics as regarded landed
.property,ha
Thr, 42 Ireland '4 Very general influence on society in such
ref hose
lit . avts i. .
qtl3't, 'ti°,4, 1: uottl In their enactment and in their
occupieru bs e quaern,
and
ilto„. lve affected materally the position of 4 , laude , heY interfered with almost every mode
1 and,
111d,'eati,,t114PertY by those who professed that religiot , _ .
Tty, is a feeling of insecurity, directly c dealing
hecked tiaeir
1:11',. Prole
„tt,,, 4of Larit landlords also suffered indirectly. from the
Lao, Ina degree,'e same laws ; for, in letting their estates,t they
o
lticr NII c confined in the selection of their tenans,
11.44's're t,,,°?e )ld enjoy any permanent tenure under them,.Many
I'LL' °l.Lis Parted'''sively entitled to the elective franchise. r
tkettY, with the whole, or a great
14,1,,th t(C,ting terms, and thus avoided all
inferior duties
of
portion.of thoeoi_
to
had he were interior occupiers, so that all the inferior
hid t.'e ath„. lett for rerformance to a middleman. The latter,
to Jiter-e`Y Placed him regarded the proprietor, dictated
v'''''4l4l4.'? h4nti• in the favourable position in which the laws
1-tlll'
nIIY
l'i'
" titn;rams ar-etogbdttist:idlianngdlord
al lil''Qtt :Tstsubletn
were seldom inserted.
and restrictive
1 44'Lelatrig;tY,}ears aft their first introduction a relaxation
Ncrqcong many •°°,l place.
114' 44 "Y tneasures professedly for the improvement of
sct, olies t Aet ‘,„
'-'passed . 11 which allowed Roman
t,ee,,
„It Q take a
lease
for sixty-one years of not less than ten
y half an acre of e learnf a the site °{y' house, b°g'w'th ont-
situated within a
are-
'tot, 'the toiso ;
a...--_,-.. !louse, but not to be
.14twenty-one
~ h, e 1a
to
_it
.it was n.0..t., reclaimed t
(hthe°ettuli.7 1 tielvoid. In Ire iit was enacted that titles
es,..* here "Rated should not be disturbed, and Roman Ca-
ke I'. ja,llo to take leases for any term under 1,000
tila:t:3 nit I.,2.theY were allowed to acquire freehold property
NI -tent ?. Inheritance and in 1793 was passed a further
fto 444_4; wil'eh Mater. 11-
xtended to
fo taso • h_ la. y affected the position ef landlord
Ito,' Cathe, v 40s, franchise was by that Act e
kild Ihe ; a'es ; the landlords and the middleman then
Nt, snlidi;.4tPortsnee of a numerous following of tenantry,
t, iy 141,,,
hill elieu,r and subletting, being by this law irid
'411,1 raj, ,afgeds greatl •'.
etf' The war with
'near was eu et.,,, y increa .
0 mle , thus .ineably the profits of the occupier,
liaele'Y ix ei: These causes produced throughout t
v'ir,4l 41,,,Vrat."1 intermedi
''''bt. "'"
Intermediatethethe proprietors, known by the
s el,ii the fait ot,i, whose decline after the ces.ation
ttrio ‘
ion,we prices in 1815, brought with it much of
PI•01„R the ave in of late years. Many who,
tvyN14144,414 jeig War, had amassed much wealth, had become
i, Gre ; others who had not been so successful,
111'),e14Lith,:eirr faialiotZ I.)e'esoaurst. lo rnailndtaint au position in society
pport. Their sub.
1444„irt who itiLttable t cos
could not
The middleman
to4rtne iroeLltialiyad come under rent during the same period,
:ltkt,Plverish::l.able to meet his engagements.. All be-
tot7l ha 'et the I.' the middleman parted with his interes
414. FRI,. , li' the
land he had hitherto retained in his
iL The' 'irnseif and his family were involved rapidly in
Ip.,.'"e Landlord •
41 ~ I tid thefor hii rent, or at the expiration of the
-') full rs ' .1' many cases, was obliged to look.
''l'erab farms covered With. a pauper, and, it may
la Jiesir , uudant p „ 1 •
tip_ eueve (i)l).ed the _
„tpu ation. Subsequently, the Act of
lot'atthtit Is p,0,.,r11 'cal value of the 40s. freeholder, and
Iyitta,nce, tkes rey: ,Percy from the burden which this chain t.
O") adopted g t upon it, the landlord,
hen" too many
iatwe , what lias been called
led PIT), L 1414'0e thus . 2 4101, ^kre be
,ts written will suffice to show how extra-
nil b uci, how et the c
ettanges which property has undergone
Of thoY..cau,e
II lunch it has been affected extrinsic events,
ti4‘it4,.lard.,l.
orcit:),tinected either with the natural circumstances
•tillroill vvali!,';iw of lta'l,4ll°Ple'
Neakissielo the
tio7;ng more clearly under notice the posi
ci.l,, to t
k 4„.
acto
_Lions referred to us by your Majesty's
I t•la,,d 011 r snort reyie
1, 4tl ae a L ally stand, it may be useful, in the next
Pei 11 'g
Yc 4 '°l)./ent • wof the inquiries which have been
st -0,
7 .„ rnittees
mast
itra late& of Parliament or by Commissioners
*4,.: ° they tq'ttlre w• ,
140 tlkb nature ; ttnout presumption, to make any re-
lay t ° touch - u
414
°ur°
s Qt
eritlei'm pon the reports of those from
hat ill
manyaale information is to be derived, we of them too much rehauce appears to