New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-11-14
CREAM OF THE MAGAZINES.
LORD sHERBRooKE ON IRELAND.
From The Ntneteenh Century

From, The Ntnetefnh Century
In England, and everywhere else eNeep, III ireiauu'
people make the bargain before they peSlh ousl-
ness Having done SO they take the chance OF
profit or loss, and il the speculation miscariy, WY
do not seek to mend matters nv making speccnoss
or even bv shooting those who have got the pest OF
the bargain No Doubt we have in England ana
Scotland remedies for Entertainments Our remedy
is if We are Infused Icy man, to seek Tor some
one else who will treat us better. The unfair
dealer finds this and mends MS ways; or II ITO
dues not he gets a bad name ana Is shunhea ac,
cord;nely. But | never heard before tnat the
dealings letween two traders in different lines OF
bust ness were in the natuIe of partnership . ,
Having | hope, shown that the attempt OF the
Devon Commission TO base the claim 10 e0hpehst-
ton for improvement on legal or equltabie pIhci-
pies as those words understood IN England Ut
terly fa!s II remains Tor me TO attelpt III NY t '
to explain as well can the true position Oh 'e
Irish tenant and landlord with regard 10 eat t
other There is IN my view. no ilaud OF uVoVlt ~.
the matter on either side. Both landlord anu tehaiI
perfectly cognzant OF Their true So hn ' ~
both have chosen II tor what appeared 10 tileh W
be good reasons. MISUNDERSTANDING al ,ht, ,rS
Devon Commission may say, the IRISH tenant klio"s
perfectly well that he has no claim III equity or
otherwise to payment Tor the cabin he may oull1;
the bog lie may dram OF me s'onrs nc may s roi,
away So taI from pnttlng forward an! Such
claim he carefully avoids the SUBJECT: lnat
which is l. oil probability nppermost III the mi ma
of both landlord and tenant, Is not mentioned ny
either The landlord has no inducement 10 say
ANYTHING nj all. He knows that K Is always IN MS
power 10 give his tenant any Ieiet OF compensat Oh
thathe peascs ana he naturally enough prefers
when the choice Is UTCrcQ 10 him. rather 10 grant
favor than merely TO fulhll strict legal obligation
or To go t. law with his tenant, we'll knowing thaJ
he cannot receive and may have 10 pay costs
The tenant, on the ether hand. has equally g0on
reasons to be silent on the subject. Inc khH o.
tenant OF whom are speaking IS scneraiiy Ut
tery without capital and by no means Ge'Py
velSed III the mysteries OF agriculture. re H's 40
qualification, mental OF pee uiiidfV iVf i'1 'Ia'o Nv
has chosen. lie cught 10 &c ehpIo!CT "V S" "
handicraft trade or 10 occupy some NUM- e position
i'm The ranks of industry. But ne follows lnc III
uata snl, ncy of his race. and determines 10 ne on
s lana mi 10 h
that ii he were t. ask his Landlord 10 promise 10
secure t. him .hc value OF his improvements. nc
would Ice Iu.t with responding demand that rae
tenant sn 'uld while they were on the snnec1' lh-
form his sndiori what security he was 10 nave lOr
the payment of the rent ThV tenant IN tItsc cases
has generally no credit, no STOCK IN ui'''' Ho
money, no peculiar Skill N agTleu! mr., ana as he
ran offer nU security himself. carefully aNol'S so
thOrDv 9lSl uupr0mlSng q dlsCu sion. Ihus IL
romcs ia pass that by kind OF mutual consent
that which rs IOsahlY the uppernnst thoEghi IN
the min % each of th' contracting parties romans
nnspokcn and tLat the tenant enters on ms "c'u-
patton with chung 10 rely on as To compensation
for his improvements except the generosity ar gpou
feeling ~ his landlord; L2ch knows Etll lh't h9
has 10 ran a risl-th" landlord the rSk mat had
seasons bad cultivation. bad health or lleitSs or
uu-icadincSs in Tire tenant may very POSSIBLY uc-
prive linn oi hiS rent in a case where there is no
property 10 distran on; the tenant being equally
well aware that j. les entirely IN the arm -
and good fccliu2 of his land whether ne snail
in case o. eviction receive single farthlng rs COM
pensa'ion for hs la or.
Nj. Tukc SAYS that the state of things have
deScTluInr - inc cause OF poverty th-ilh IL
vould te more iustv dcSe rlbed rs its effect. Why
does the tenant ask Tor no security iof improve,
mentsg Simply hrcuuS. ne Is without capital, and
cannot afford 10 Drlach the subject while 1t is
mere speculate whether he can pay any rent al
all If we will look the matter fairy IN the ace te
truth IS that the small Irish tenant Is too poor Ia
enter into a contract which pIeauppoSes tqn3hty
between the two contracting parties. N Englint
tn tenant can afford to bargain with his lahll"rH;
they huth possess property. In Ireland, a. lar as
the contract goes. AMI speaking about small farms,
The landlord laws down the rule anu the tenant sub
mitS to il. Tnc tenant really places himself AT
the mercy Of Ms landlord, not because h. has noi
the natural d->r, be assured III ms hol ing and
compensated tor his improvements. but because, u
no asks for security from his landlord for his I'M
provements he has no security of his own 10 offer
m return for his rent. The very idea Of equality
is banished from such proceeding. There Is 20
real bargain when one side cannon anord 10 reIt Sc
whatever terms the other sees fit 10 impose.
What is the remedy Tor such state OF things !
II is We are told. that what the would-he tenant
larc not ask hecausc, rs think | have shown, he
not in a position to give any security for his rent,
should he given to him 10y an &C post JGctO law
Such "A proceeding seems to me the very height OF
Injustice ana folly. The business of the law Is TO
give effect lawful contracts where there is con
rurrence of wills not to force upon people undor
the name OF contracts what one side never asked
and tie other never wOuld have granted. We
really must elect whether We mean 10 consider the
Irish peasant a responsible beng or not II
he be so We must leave hun To manage his aiftirs
for himself like any other rational and rcSr0n-
,blc being OF full age; If not. we ought 10 appoint
, guardian for him and take from hun the nower
Of contra, Uingf for himself. lie cannot be allowed
10 take the advantages OF both sup?osltons