THREE:There was an energetic debate in each House as the Bill passed through. It was opposed in the Peers by Lords Lansdowne, Holland, and Erskine, but was carried by ninety-three against twenty-seven. Ten peers entered a strong protest on the journals against the measure, denying the traitorous conspiracy or the extensive disaffection to the Government alleged, affirming that the execution of the ordinary laws would have been amply sufficient, and that Ministers were not entitled to indemnity for causeless arrests and long imprisonments which had taken place, for the Bill went to protect them in decidedly illegal acts. In the House of Commons the Bill was strongly opposed by Brougham, Tierney, Mr. Lambtonafterwards Lord Durhamand Sir Samuel Romilly. They condemned the conduct of Ministers in severe language, while the Bill was supported by Canning, by Mr. Lambafterwards Lord Melbourne, who generally went with the other sideby Sir William Garrow, and Sir Samuel Shepherd, Attorney-General.
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THREE:It was the lot of the Earl of Clarendon to govern Ireland during the most trying period of her history. It was a trying crisis, affording great opportunity to a statesman of pre-eminent ability to lay broad and solid foundations for a better state of society. But though a painstaking and active administrator, Clarendon was not a great statesman; he had no originating power to organise a new state of things, nor prescience to forecast the future; but he left no means untried by which he could overcome present difficulties. The population had been thinned with fearful rapidity; large numbers of the gentry had been reduced from affluence to destitution; property was changing hands on all sides; the Government had immense funds placed at its command; a vast machinery and an enormous host of officials operating upon society when it was in the most plastic and unresisting state, a high order of statesmanship could have made an impress upon it that would have endured for ages. But Lord Clarendon's government, instead of putting forth the power that should have guided those mighty resources to beneficial and permanent results, allowed them to be agencies of deterioration. The truth is, he was frightened by a contemptible organisation, existing openly under his eyes in Dublin, for the avowed purpose of exciting rebellion and effecting revolution. The conspirators might have been promptly dealt with and extinguished in a summary way; but instead of dealing with it in this manner, Clarendon watched over its growth, and allowed it to come to maturity, and then brought to bear upon it a great military force and all the imposing machinery of State trials; the only good result of which was a display of forensic eloquence worthy of the days of Flood and Grattan.But at length the Legislature adopted a measure which attempted to go to the root of one of the greatest evils that afflicted Ireland. This was a Bill for facilitating the transfer of encumbered estates, which was passed into law, and is generally known as the Encumbered Estates Act. It was introduced by the Solicitor-General, Sir Samuel Romilly, on the 26th of April. Nothing could be more unsatisfactory than the state of landed property in that country. Many of the estates had been in Chancery for a long series of years, under the management of receivers, and periodically let at rack-rents. Many others which were not in Chancery were so heavily mortgaged that the owners were merely nominal. Others again were so tied up by family settlements, or held by such defective titles, that they could not be transferred. Consequently, a great portion of the landed property of the country was in such a condition that capital could not be invested in it, or expended on it. The course of proceeding in Chancery was so slow, so expensive, so ruinous, and the court was so apparently incapable of reform, that nothing could be expected from that quarter. The Government, therefore, proposed to establish a commission, invested with all the powers of that court, and capable of exercising those powers in a summary manner, without delay and without expense, so that an encumbered estate could be at once sold, either wholly or in part, and a parliamentary title given, which should be good against all the world. This important measure met with general approval in both Houses. Indeed it was hailed with satisfaction by all classes of the community, with the exception of a portion of the Irish landed gentry. There were three commissioners appointed, lawyers of eminence and experience in connection with land. By a subsequent enactment in 1849, it was regulated as a permanent institution, under the title of the Landed Estates Court; the three commissioners were styled judges, ranking with the judges of the Law Courts. The number of petitions or applications for sale made to this court from the 17th of October, 1849, to the 1st of August, 1850, was 1,085, and of this number those by owners amounted to 177nearly one-sixth of the whole. The rental of the estates thus sought to be sold by the nominal proprietors, anxious to be relieved of their burdens, was 195,000 per annum, and the encumbrances affecting them amounted to no less than 3,260,000. The rental of the estates included in 1,085 applications, made by others not owners, amounted to 655,470 per annum, and the debt upon these amounted to the enormous sum of 12,400,348. One of the estates brought before the court had been in Chancery for seventy years, the original bill having been filed by Lord Mansfield in 1781. The estates were broken up into parcels for the convenience of purchasers, many of whom were the occupying tenants, and the great majority were Irishmen. Generally the properties brought their full value, estimated by the poor-law valuation, not by the rack rents which were set down in the agents' books, but never recovered. The amount of capital that lay dormant in Ireland, waiting for investment in land, may be inferred from the fact that in nine yearsfrom 1849 to 1858the sum of twenty-two millions sterling was paid for 2,380 estates. But in the pacification of Ireland the Act accomplished far less than was hoped by Sir Robert Peel, who practically forced the measure upon the Ministry. Men of capital looked for a fair percentage for their investments: many of them were merchants and solicitors, without any of the attachments that subsisted between the old race of landlords and their tenants, and they naturally dealt with land as they did with other mattersin a commercial spiritand evicted wholesale tenants who were unable to pay.
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