FREE BOOKS

Author's List




PREV.   NEXT  
|<   114   115   116   117   118   119   120   121   122   123   124   125   126   127   128   129   130   131   132   133   134   135   136   137   138  
139   140   141   142   143   144   145   146   147   148   149   150   151   152   153   154   155   156   157   158   159   160   161   162   163   >>   >|  
or other special favours have been granted to one class of workmen, and that there is no real ground for distinguishing their case from that of others. The dominant tendency will thus naturally extend itself, and every considerable legislative movement carries others irresistibly in its train. The pressure of this consideration is most painfully felt in the case of legislation which appears not simply inexpedient and unwise, but distinctly dishonest. In legislation relating to contracts there is a clear ethical distinction to be drawn. It is fully within the moral right of legislators to regulate the conditions of future contracts. It is a very different thing to break existing contracts, or to take the still more extreme step of altering their conditions to the benefit of one party without the assent of the other, leaving that other party bound by their restrictions. In the American Constitution there is a special clause making it impossible for any State to pass any law violating contracts. In England, unfortunately, no such provision exists. The most glaring and undoubted instance of this kind is to be found in the Irish land legislation which was begun by the Ministry of Mr. Gladstone, but which has been largely extended by the party that originally most strenuously opposed it. Much may no doubt be said to palliate it: agricultural depression; the excessive demand for land; the fact that improvements were in Ireland usually made by the tenants (who, however, were perfectly aware of the conditions under which they made them, and whose rents were proportionately lower); the prevalence in some parts of Ireland of land customs unsanctioned by law; the existence of a great revolutionary movement which had brought the country into a condition of disgraceful anarchy. But when all this has been admitted, it remains indisputable to every clear and honest mind that English law has taken away without compensation unquestionably legal property and broken unquestionably legal contracts. A landlord placed a tenant on his farm on a yearly tenancy, but if he desired to exercise his plain legal right of resuming it at the termination of the year, he was compelled to pay a compensation 'for disturbance,' which might amount to seven times the yearly rent. A landlord let his land to a farmer for a longer period under a clear written contract bearing the government stamp, and this contract defined the rent to be paid, the conditions
PREV.   NEXT  
|<   114   115   116   117   118   119   120   121   122   123   124   125   126   127   128   129   130   131   132   133   134   135   136   137   138  
139   140   141   142   143   144   145   146   147   148   149   150   151   152   153   154   155   156   157   158   159   160   161   162   163   >>   >|  



Top keywords:

contracts

 
conditions
 

legislation

 

yearly

 

Ireland

 

compensation

 
unquestionably
 
landlord
 

contract

 

special


movement

 

prevalence

 

proportionately

 

bearing

 

revolutionary

 
existence
 

written

 
customs
 

unsanctioned

 

government


improvements

 

exercise

 

demand

 
agricultural
 

depression

 

excessive

 

resuming

 

perfectly

 
defined
 

tenants


brought

 

period

 
broken
 

amount

 

property

 

farmer

 
palliate
 
tenant
 

termination

 

compelled


disturbance
 

tenancy

 

disgraceful

 

anarchy

 

longer

 

desired

 

country

 
condition
 

English

 
honest