Napier Commission
Encyclopedia
The Napier Commission, officially the Royal Commission of Inquiry into the Condition of Crofters and Cottars in the Highlands and Islands was a royal commission
and public inquiry
into the condition of crofters and cottars in the Highlands and Islands of Scotland
.
The commission was appointed in 1883, with Francis Napier, 10th Lord Napier
, as its chairman, under William Gladstone
's Liberal
government
of the United Kingdom. The Royal Commission
had five other members and published its report, the Report of Her Majesty's Commissioners of Inquiry Into the Condition of the Crofters and Cottars in the Highlands and Islands of Scotland, in 1884. The other members were:
of Scotland
. The agitation was about excessively high rent
s, lack of security of tenure
and deprivation of de facto
rights of access to land. It took the form of rent strike
s (withholding rent payments) and what came to be known as land raids (crofter occupation of land which landlord
s had given over to sheep farming and to hunting park
s called deer
forests). Crofters' War has been used since as a name for this agitation.
In the 1870s there had been sporadic short-lived agitations in Wester Ross
and Lewis
(then both in the county of Ross). In the early 1880s agitation began in Skye (then in the county of Inverness) and there it became persistent and threatened to spread throughout the Hebrides
and the Highlands. Police
forces attempted to enforce what landlords believed to be their rights, but the police were severely overstretched, especially in Inverness-shire, where William Ivory was Sheriff Principal
. Agitation became therefore an issue needing the attention of central government
and, eventually, Gladstone's government appointed the Napier Commission.
About three years after the Commission's appointment the Crofters' Holdings (Scotland) Act, 1886 would be on the statute book. The Act was not based on the recommendations of the Commission, but the process by which the Commission collected evidence, and the Commission's report, did foster and inform the public, Parliamentary
and Cabinet
debate which led, eventually to the legislation. The legislation was based on principles accepted in the Irish Land Acts of 1870 and 1881, principles which Napier had implicitly rejected in 1884.
, Sir William Harcourt
. In Napier himself the Commission had an amateur
historian
and anthropologist
. In Nicolson and Mackinnon it had two members with good knowledge of Gaelic
. Cameron and MacKenzie were obviously landlords, and Frazer-Mackintosh was an antiquarian
who, as an MP, had made himself known as someone who was sympathetic to the crofters' cause.
The terms crofter, cottar and Highlands and Islands all lacked clear definition, and the Commission was left to use its own judgement as when, where and from whom to take evidence. Napier was reluctant to include Caithness
, which he regarded as '"not inhabited by the Celtic race". The Commission was aware however that the government wanted a fairly early report, rather than an exhaustive inquiry, in the hope that this itself would help to quell crofter agitation.
The Commission began its work in the Hebrides, where rent strikes and land raids were most prevalent. It took evidence from crofters, landlords and others, and it moved on to tour much of what is now regarded as the Highlands and Islands area. Evidence from crofters exhibited remarkably consistent rhetoric, and there were accusations of coaching from the Highland Land League
. Equally there were accusations that any crofter daring to give evidence risked being singled out for reprisals from landlords.
6 a year he proposed security of tenure in 30-year improving leases and township organisation. For tenants whose holdings fell below the £6-a-year threshold he recommended voluntary assisted emigration
. Improving lease means a lease which includes a programme of improvement for the holding. Townships were conceived as re-establishing communal management of grazing land.
Publication of the report did bring some calm to the situation in the Highlands, but this was very short lived.
Lochaber College Mallaig has published a PDF version of the complete Napier Commission available here Highland eLibrary
Royal Commission
In Commonwealth realms and other monarchies a Royal Commission is a major ad-hoc formal public inquiry into a defined issue. They have been held in various countries such as the United Kingdom, Australia, Canada, New Zealand, and Saudi Arabia...
and public inquiry
Public inquiry
A Tribunal of Inquiry is an official review of events or actions ordered by a government body in Common Law countries such as the United Kingdom, Ireland or Canada. Such a public inquiry differs from a Royal Commission in that a public inquiry accepts evidence and conducts its hearings in a more...
into the condition of crofters and cottars in the Highlands and Islands of Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
.
The commission was appointed in 1883, with Francis Napier, 10th Lord Napier
Francis Napier, 10th Lord Napier
Francis Napier, 10th Lord Napier and 1st Baron Ettrick, KT, PC , was a Scottish polyglot, diplomat and colonial administrator. He served as the British Minister to the United States from 1857 to 1859, Netherlands from 1859 to 1860, Russia from 1861 to 1864, Prussia from 1864 to 1866 and as the...
, as its chairman, under William Gladstone
William Ewart Gladstone
William Ewart Gladstone FRS FSS was a British Liberal statesman. In a career lasting over sixty years, he served as Prime Minister four separate times , more than any other person. Gladstone was also Britain's oldest Prime Minister, 84 years old when he resigned for the last time...
's Liberal
Liberal Party (UK)
The Liberal Party was one of the two major political parties of the United Kingdom during the 19th and early 20th centuries. It was a third party of negligible importance throughout the latter half of the 20th Century, before merging with the Social Democratic Party in 1988 to form the present day...
government
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
of the United Kingdom. The Royal Commission
Royal Commission
In Commonwealth realms and other monarchies a Royal Commission is a major ad-hoc formal public inquiry into a defined issue. They have been held in various countries such as the United Kingdom, Australia, Canada, New Zealand, and Saudi Arabia...
had five other members and published its report, the Report of Her Majesty's Commissioners of Inquiry Into the Condition of the Crofters and Cottars in the Highlands and Islands of Scotland, in 1884. The other members were:
- Sir Donald CameronDonald Cameron, 24th LochielDonald Cameron of Lochiel DL was a Scottish Conservative politician who sat in the House of Commons from 1868 to 1885. He was chieftain, the 24th chief of Clan Cameron....
of LochielLochielLochiel may refer to:*Ewen Cameron of Lochiel, the Scottish chieftain*Lochiel, New South Wales, Australia*Lochiel, South Australia*Lochiel, Mpumalanga, South Africa...
, ConservativeConservative Party (UK)The Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...
Member of Parliament (MP)Member of ParliamentA Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
for Inverness-shireInverness-shire (UK Parliament constituency)Inverness-shire was a county constituency of the House of Commons of the Parliament of Great Britain from 1708 to 1801 and of the Parliament of the United Kingdom from 1801 until 1918.... - Sir Kenneth Mackenzie of GairlochGairlochGairloch is a village, civil parish and community on the shores of Loch Gairloch on the northwest coast of Scotland. A popular tourist destination in the summer months, Gairloch has a golf course, a small museum, several hotels, a community centre, a leisure centre with sports facilities, a local...
- Charles Fraser-MackintoshCharles Fraser-MackintoshCharles Fraser-Mackintosh was a Scottish lawyer, land developer, author and Liberal and Crofters Party politician. He was a significant champion of the Scottish Gaelic language in Victorian Britain.Fraser-Mackintosh was the son of Alexander Fraser, of Dochnalurg, Inverness and his wife Marjory...
, MP for Inverness Burghs - Alexander Nicolson, SheriffSheriffA sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
of KirkcudbrightKirkcudbrightKirkcudbright, is a town in Dumfries and Galloway, Scotland.The town lies south of Castle Douglas and Dalbeattie, in the part of Dumfries and Galloway known as the Stewartry, at the mouth of the River Dee, some six miles from the sea... - Professor Donald MacKinnon, first occupant of the Chair of Celtic, Edinburgh University.
Historical context
The Commission was a response to crofter and cottar agitation in the HighlandsScottish Highlands
The Highlands is an historic region of Scotland. The area is sometimes referred to as the "Scottish Highlands". It was culturally distinguishable from the Lowlands from the later Middle Ages into the modern period, when Lowland Scots replaced Scottish Gaelic throughout most of the Lowlands...
of Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
. The agitation was about excessively high rent
Renting
Renting is an agreement where a payment is made for the temporary use of a good, service or property owned by another. A gross lease is when the tenant pays a flat rental amount and the landlord pays for all property charges regularly incurred by the ownership from landowners...
s, lack of security of tenure
Tenure
Tenure commonly refers to life tenure in a job and specifically to a senior academic's contractual right not to have his or her position terminated without just cause.-19th century:...
and deprivation of de facto
De facto
De facto is a Latin expression that means "concerning fact." In law, it often means "in practice but not necessarily ordained by law" or "in practice or actuality, but not officially established." It is commonly used in contrast to de jure when referring to matters of law, governance, or...
rights of access to land. It took the form of rent strike
Rent strike
A rent strike is a method of protest commonly employed against large landlords. In a rent strike, a group of tenants come together and agree to refuse to pay their rent en masse until a specific list of demands is met by the landlord...
s (withholding rent payments) and what came to be known as land raids (crofter occupation of land which landlord
Landlord
A landlord is the owner of a house, apartment, condominium, or real estate which is rented or leased to an individual or business, who is called a tenant . When a juristic person is in this position, the term landlord is used. Other terms include lessor and owner...
s had given over to sheep farming and to hunting park
Park
A park is a protected area, in its natural or semi-natural state, or planted, and set aside for human recreation and enjoyment, or for the protection of wildlife or natural habitats. It may consist of rocks, soil, water, flora and fauna and grass areas. Many parks are legally protected by...
s called deer
Deer
Deer are the ruminant mammals forming the family Cervidae. Species in the Cervidae family include white-tailed deer, elk, moose, red deer, reindeer, fallow deer, roe deer and chital. Male deer of all species and female reindeer grow and shed new antlers each year...
forests). Crofters' War has been used since as a name for this agitation.
In the 1870s there had been sporadic short-lived agitations in Wester Ross
Wester Ross
is a western area of Ross and Cromarty in Scotland, notably containing the villages on the west coast such as:* Lochcarron* Applecross* Shieldaig* Torridon* Kinlochewe * * * Aultbea* Laide* Ullapool* Achiltibuie...
and Lewis
Lewis
Lewis is the northern part of Lewis and Harris, the largest island of the Western Isles or Outer Hebrides of Scotland. The total area of Lewis is ....
(then both in the county of Ross). In the early 1880s agitation began in Skye (then in the county of Inverness) and there it became persistent and threatened to spread throughout the Hebrides
Hebrides
The Hebrides comprise a widespread and diverse archipelago off the west coast of Scotland. There are two main groups: the Inner and Outer Hebrides. These islands have a long history of occupation dating back to the Mesolithic and the culture of the residents has been affected by the successive...
and the Highlands. Police
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
forces attempted to enforce what landlords believed to be their rights, but the police were severely overstretched, especially in Inverness-shire, where William Ivory was Sheriff Principal
Sheriff Principal
The office of sheriff principal is unique within the judicial structure of Scotland, and it cannot therefore readily be compared with any other judicial office. It is one of great antiquity, having existed continuously since around the 11th century...
. Agitation became therefore an issue needing the attention of central government
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
and, eventually, Gladstone's government appointed the Napier Commission.
About three years after the Commission's appointment the Crofters' Holdings (Scotland) Act, 1886 would be on the statute book. The Act was not based on the recommendations of the Commission, but the process by which the Commission collected evidence, and the Commission's report, did foster and inform the public, Parliamentary
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
and Cabinet
Cabinet (government)
A Cabinet is a body of high ranking government officials, typically representing the executive branch. It can also sometimes be referred to as the Council of Ministers, an Executive Council, or an Executive Committee.- Overview :...
debate which led, eventually to the legislation. The legislation was based on principles accepted in the Irish Land Acts of 1870 and 1881, principles which Napier had implicitly rejected in 1884.
The Commission
Appointments to the Commission were made by the Home SecretaryHome Secretary
The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
, Sir William Harcourt
William Vernon Harcourt (politician)
Sir William George Granville Venables Vernon Harcourt was a British lawyer, journalist and Liberal statesman. He served as Member of Parliament for various constituencies and held the offices of Home Secretary and Chancellor of the Exchequer under William Ewart Gladstone before becoming Leader of...
. In Napier himself the Commission had an amateur
Amateur
An amateur is generally considered a person attached to a particular pursuit, study, or science, without pay and often without formal training....
historian
History
History is the discovery, collection, organization, and presentation of information about past events. History can also mean the period of time after writing was invented. Scholars who write about history are called historians...
and anthropologist
Anthropology
Anthropology is the study of humanity. It has origins in the humanities, the natural sciences, and the social sciences. The term "anthropology" is from the Greek anthrōpos , "man", understood to mean mankind or humanity, and -logia , "discourse" or "study", and was first used in 1501 by German...
. In Nicolson and Mackinnon it had two members with good knowledge of Gaelic
Scottish Gaelic language
Scottish Gaelic is a Celtic language native to Scotland. A member of the Goidelic branch of the Celtic languages, Scottish Gaelic, like Modern Irish and Manx, developed out of Middle Irish, and thus descends ultimately from Primitive Irish....
. Cameron and MacKenzie were obviously landlords, and Frazer-Mackintosh was an antiquarian
Antiquarian
An antiquarian or antiquary is an aficionado or student of antiquities or things of the past. More specifically, the term is used for those who study history with particular attention to ancient objects of art or science, archaeological and historic sites, or historic archives and manuscripts...
who, as an MP, had made himself known as someone who was sympathetic to the crofters' cause.
The terms crofter, cottar and Highlands and Islands all lacked clear definition, and the Commission was left to use its own judgement as when, where and from whom to take evidence. Napier was reluctant to include Caithness
Caithness
Caithness is a registration county, lieutenancy area and historic local government area of Scotland. The name was used also for the earldom of Caithness and the Caithness constituency of the Parliament of the United Kingdom . Boundaries are not identical in all contexts, but the Caithness area is...
, which he regarded as '"not inhabited by the Celtic race". The Commission was aware however that the government wanted a fairly early report, rather than an exhaustive inquiry, in the hope that this itself would help to quell crofter agitation.
The Commission began its work in the Hebrides, where rent strikes and land raids were most prevalent. It took evidence from crofters, landlords and others, and it moved on to tour much of what is now regarded as the Highlands and Islands area. Evidence from crofters exhibited remarkably consistent rhetoric, and there were accusations of coaching from the Highland Land League
Highland Land League
The first Highland Land League emerged as a distinct political force in Scotland during the 1880s, with its power base in the country's Highlands and Islands. It was known also as the Highland Land Law Reform Association and the Crofters' Party...
. Equally there were accusations that any crofter daring to give evidence risked being singled out for reprisals from landlords.
Napier's report
The Commission was far from unanimous in its report. Many of the recommendations were those of Napier alone. For tenants whose holdings had rental values of more than £Pound sterling
The pound sterling , commonly called the pound, is the official currency of the United Kingdom, its Crown Dependencies and the British Overseas Territories of South Georgia and the South Sandwich Islands, British Antarctic Territory and Tristan da Cunha. It is subdivided into 100 pence...
6 a year he proposed security of tenure in 30-year improving leases and township organisation. For tenants whose holdings fell below the £6-a-year threshold he recommended voluntary assisted emigration
Emigration
Emigration is the act of leaving one's country or region to settle in another. It is the same as immigration but from the perspective of the country of origin. Human movement before the establishment of political boundaries or within one state is termed migration. There are many reasons why people...
. Improving lease means a lease which includes a programme of improvement for the holding. Townships were conceived as re-establishing communal management of grazing land.
Publication of the report did bring some calm to the situation in the Highlands, but this was very short lived.
Lochaber College Mallaig has published a PDF version of the complete Napier Commission available here Highland eLibrary