7 DECEMBER 1872, Page 7

THE SCOTTISH FARMERS' REVOLT.

rEBE Scottish elections open a prospect which invites serious regard. They betoken a coming change in the character of the county representatives to be sent up from the North. In this statement we do not include the case of Orkney and Shetland, for no one knows what is doing there. A month ago, Sir Peter Tait, the Limerick army clothier, sailed after his rival, Mr. Samuel Laing, away into the mists that lie beyond John O'Groats ; and the tidings that have come back respecting either of them are extremely scant and vague. A great hue and cry raised in London against Sir Peter after he had gone, accusing him of having once stood for an Irish constituency as a Tory, whereas he now presents himself as a man whose Liberalism is more ardent and trust- worthy than that of Mr. Laing, has been effectually disproved. There is no reason for impeaching his consistency ; the story, should it travel where he is, he will of course be able to rebut at once, and thus no harm will be done to his chances,—which seem, in so far as there are materials for an opinion, to be decidedly favourable. Both candidates have the advantage of a local connection. The value of this make-weight is enormous ; for the islanders, carrying the fanaticism of national sentiment to an extreme, not only cherish a fond remembrance of their foreign origin, but express a determined jealousy of "Scottish intruders" who go among them in any other character than that of occasional visitors. A paragraph lately fell under our eye containing a curious illus- tration of this feeling. It related to the choice of a clergyman at Lerwick. According to the Scottish fashion, a congrega- tional meeting was held to arrange for the selection of a suit- able person. A vehement squabble arose, much akin to what might rage over the appointment of a Poor-Law Guardian or Town Councillor. In course of the wordy war, one energetic speaker denounced " Scotchmen, especially Caithnessmen," giving them to understand, "they were to have no power there " I As being both Orcadians, the competing candidates will be able to propitiate this intolerant disposition. While thus upon an equal footing, Sir Peter Tait is strong in the good-will of those who have for many years controlled the representation. Time out of mind the seat has been held by a cadet of the Dundas family, the only occasion on which they were defeated being when a self-made man, very much of Sir Peter's stamp, got in. Reasoning from experience, therefore, his return should be deemed certain.

It is quite possible, however, to adopt an over-hasty con- clusion on this point. A revolt against any dictation or influence from above is precisely the salient feature which has started out with most noticeable prominence in connection with the pending contests for the adjacent counties of Forfar and Kincardine. An extraordinary change has passed upon the county representation of Scotland within the last ten years. Till then, although the Burgh Members had long been Liberals to a man, the Whigs had no fixity of tenure in more than half a dozen counties. During that brief period the tables have been completely turned. At the last election, even where the supremacy of Tory landlordism escaped com- plete overthrow, it was so rudely shaken that scarcely any one doubts it must fall when next assailed. But the signifi- cance of this event has rather been misjudged, and what is happening on the north-east will open the eyes of the most inveterate believers in " influence " to a perception of how the case really stands. The lesson taught with an emphasis which precludes misconstruction is, that the farmers have risen not merely against Toryism as such, but against land- lordism itself as a political power. Their whole proceedings are a resolute protest against any species of domination. They attach no value to landlord patronage, when put forward by way of recommending a candidate,—in their present temper, indeed, they appear apt to rush upon the other extreme, and to treat it with causeless jealousy as a disqualification ; they object with the utmost strenuousness to having their choice restricted to "large-acred squires," and they peremptorily insist upon managing the business of the -election as they see fit. In a word, they have fairly taken the bit between their teeth, and having got their heads free, they are not

to be pulled up by sheer force, even could it be de- cently exerted. No doubt they specify certain distinct grievances as motives for their conduct. They wish pro- tection against game—or rather, the right to protect them- selves,—relief from the law of distress, which is much more grinding in Scotland than in England, and compensation for all suitable improvements of a nature to enhance the letting value of their farms. But underneath these equitable demands, and sustained by other considerations than the desire of draw- ing attention to them, there exists a deep-seated hankering to get quit of aristocratic and squirearchical tutelage, and to send up men of their own class as their spokesmen in Parliament. In both the cases under review the schemes favoured by the landed gentry have been thwarted or opposed ; in both appli. cations have been made to tenant-farmers to stand, upon the of those who share them. There is, of coarse, talk of a Tory promise of a free return, and (in at least two instances) of a trying to slip in between the two opponents ; but it is mere salary large enough to repay outlays ; and in both, though the talk, for the professor of such a creed has not the ghost of a innovators may not succeed to their full liking, their assertion chance. But, with the Ballot, Mr. Barclay's prospects are of independence cannot fail to produce important consequences. good.

Its history is worth noting in some detail.

Kincardineshire was represented for more than forty years THE DELAY OF JUSTICE. by an Arbuthnott, a sure vote, when any pressing emergency FOR once in our lives we find ourselves in thorough sympathy arose, on the Tory side. On the old Colonel's death, the late with Mr. Vernon Harcourt. He may be fighting for member, Mr. Dyce Nicol, the son of a local medical practi- his own hand, or wish to embarrass the Government as well tioner, who had made a fortune in India, was returned by a as reform the Law, but in his letter of Tuesday to the Times sweeping majority against the Premier's brother, Sir Thomas upon the delay of justice he has right upon his side. The Gladstone, who sticks to his hereditary polities. Mr. Nicol delay in administering civil justice in the Superior Courts— has been for some time in such poor health, that the a delay visible, more or less, in all of them, and especially in probability of having to choose a successor has been long the Appellate Courts—is becoming a scandal, and ought to be present to the minds of those interested. Arrangements remedied at once. The very first reason for organising a for a renewal of the contest were understood to be cut Government is that justice should be , administered, and in and dry. Mr. Scott, of Brotherton, was the champion cases like the sixteen mentioned by Mr. Harcourt it is not named on the Liberal side, an estimable and accomplished administered, but virtually refused. Justice is not provided gentleman, who would make a thoroughly repectable M.P., Mr. when a decision as to the ownership of £10,000 is given Baird, of Ury, a nephew of the rich ironmaster, was looked twelve months after the case ought to have been heard, to as likely to do battle on the other side. When the vacancy but only an alternative for justice, partially oompensat- arose Mr. Scott lost no time in issuing his address, while Mr. ing the rightful owner of the property for the loss he Baird hied home in hot haste from Vienna, no doubt intent has sustained, a loss which may vary in extent from a mere upon a like proceeding. But meetings were held, Mr. Scott loss of interest to a loss of credit involving rain. Appealed -was interrogated, his opinions upon the questions we have cases are comparatively few, and usually important, but even in cited were voted unsatisfactory, and a committee was appointed ordinary cases the delay is becoming so great, owing partly to to search for another candidate with convictions more advanced the overplus of business, partly to the illness of the Judges, and of a firmer texture, it being an express instruction that a and partly to the imperfections of the system, that lawyers tenant should have the preference. The Committee were begin to warn their clients that decisions cannot be hoped for baffled in their quest for such a person, but instead they have within twelve months, and that the old dread of the law as an introduced Sir George Balfour, to whom we referred last engine for ruining men's fortunes is visibly reviving. The week. Drawn to him mainly by his relationship to Joseph scandal is gross—as is also, we must add, though that Hume, whose nephew and son-in-law he is, they have found is not a new story, the scandal of the delays in criminal him a man of clear apprehension and bold ideas, not very well trials, involving, as they often do, four or five months' up in the details of those subjects about which they are sped- imprisonment for the innocent—and it ought to be abated, ally solicitous, but with a very firm grip of their governing and yet we begin to believe it will not be. The more steadily principles, and they have enthusiastically adopted him. Their we look at the question, the more hopeless do we become of strength is such that Mr. Scott has retired from the field, either a speedy or a complete remedy. There is a want of that Mr. Baird declines to enter it, and that Sir George is motive power on the side of the Reformers. Law Reform, promised an unopposed return! Forfar has been as much a even with the direct and limited object of securing quicker Whig county as Sutherland, thanks to the Panmure influence, procedure, is a distasteful subject to almost all minds, and There has been no contest in it since the first Reform Act, apart from an abstract desire for justice, there is no moving A more unexceptionable candidate, according to the rule force sufficiently strong to compel Parliamentary action of the of use and wont, than the gentleman who first came rough and effective kind. The electors as a mass know before the electors could not readily be lighted on. Sir nothing and care nothing about the matter. They are James Ramsay possesses, in unusual measure and in happy interested in criminal law and in law as administered combination, the qualities which go to furnish a representative in the County Courts, but the civil procedure of the Superior of a superior cast. Even those things which are now imputed Courts neither attracts nor excites them. We are not sure to him as a failing would, at no distant date, have been they do not enjoy its complexities, as adding to the slight treated as meritorious. At some of his earliest meetings he interest of the drama. If by chance they are involved in was of course questioned about " hypothec " and game. He any suit, they have nothing to hope from reform, for it is answered with frankness and intelligence, explaining that on the sure to come too late to do them any good ; and if they are score of principle he would not, for his own part, he disposed not involved, they think they never will be, and regard the to go the length of abolition, but that, as he had no strong whole matter as one for lawyers to arrange. The trading convictions on the matter, he would willingly vote as the classes are interested, no doubt, but not to the point of electors might instruct. This declaration has been somewhat pressing their representatives, who unpressed gladly rele- unfairly twisted into use as a handle against him. He has gate work they imperfectly understand to the profes- been represented as a man who does not know his own mind, sion most concerned. And that profession is naturally who was capable of being squeezed into acquiescence by anyone very half-hearted and conservative in the matter. Delays who could apply the screw, and so as being unworthy of the do not ruin either barristers or solicitors, unless they post to which he aspires. After beating about in every dire°. are serious enough to prevent business coming into their tion, a candidate has been found to enter the lists against him hands, and BO many ideas have recently been started that they in the person of Mr. Barclay, who was lately defeated at Aber- are full of new apprehensions, afraid of losing their holidays, deen. It was rather a rash proceeding on Mr. Barclay's part afraid of Local Superior Courts—the most formidable innova- to stand for that city, inasmuch as he has been very generally tion yet talked of—afraid of some radical change which regarded as Mr. McCombie's successor for the Western would give them half their business to learn over again. At division of the county. But the recommendations all events, they are not moving as they move when really that avail with the people of his own shire are such interested and determined that a change shall be effected, and as to carry weight with their Forfarshire neighbours. He that great motor is wanting to the cause. Parliament, if not has been prominent in conducting the agitation upon these pressed either by the electors or the profession, will leave subjects that have been brought into question ; he bore the the matter in the hands of Government, and if we may chief part in those notable proceedings by which the Aberdeen trust either to a priori reasoning or to the visible symptoms, graziers "stamped out" the cattle plague ; and his ability Government is not in earnest to press on reform. Naturally and energy are such as to render him a very formidable corn- such of the Ministers as understand the matter want an petitor. He has come forward in compliance with a requisi- effective scheme, and an effective scheme would rouse all tion said to bear upwards of five hundred names ; and his manner of opposition and discussion, and cause endless con- canvass is being presented with a briskness and vigour that are sumption of time. One party among the reformers very justly of promising augury. We should be pleased by his success, attributes the evil to the want of a Code of Civil Procedure, Just as there would be a distinct advantage in having several and Government is not prepared to undertake the task of capable and trusted members of the artisan class in the House forcing on Parliament a great measure which when ac- of Commons, so it would be well that farmers should be cepted would leave the immediate difficulty unremoved. able to make known their opinions and desires by the mouths Another party declares, also very justly, that the system