Historical context
The Commission was a response to crofter and cottar agitation in the Highlands of Scotland. The agitation was about excessively high rents, lack of security of tenure and deprivation of de facto rights of access to land. It took the form of rent strikes (withholding rent payments) and what came to be known as land raids (crofter occupation of land which landlords had given over to sheep farming and to hunting parks 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 Landlord and Tenant (Ireland) Act 1870 and Land Law (Ireland) Act 1881, principles which Napier had implicitly rejected in 1884.
The Commission
Appointments to the Commission were made by the Home Secretary, 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, [1] 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". [2] 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.
The Highlands is a historic region of Scotland. Culturally, the Highlands and the Lowlands diverged from the later Middle Ages into the modern period, when Lowland Scots replaced Scottish Gaelic throughout most of the Lowlands. The term is also used for the area north and west of the Highland Boundary Fault, although the exact boundaries are not clearly defined, particularly to the east. The Great Glen divides the Grampian Mountains to the southeast from the Northwest Highlands. The Scottish Gaelic name of A' Ghàidhealtachd literally means "the place of the Gaels" and traditionally, from a Gaelic-speaking point of view, includes both the Western Isles and the Highlands.
Highland is a council area in the Scottish Highlands and is the largest local government area in the United Kingdom. It was the 7th most populous council area in Scotland at the 2011 census. It shares borders with the council areas of Aberdeenshire, Argyll and Bute, Moray and Perth and Kinross. Their councils, and those of Angus and Stirling, also have areas of the Scottish Highlands within their administrative boundaries.
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. It was consciously modelled on the Irish Land League.
Crofting is a form of land tenure and small-scale food production particular to the Scottish Highlands, the islands of Scotland, and formerly on the Isle of Man. Within the 19th century townships, individual crofts were established on the better land, and a large area of poorer-quality hill ground was shared by all the crofters of the township for grazing of their livestock.
The Highlands and Islands is an area of Scotland broadly covering the Scottish Highlands, plus Orkney, Shetland and Outer Hebrides.
The Highland Potato Famine was a period of 19th-century Highland and Scottish history over which the agricultural communities of the Hebrides and the western Scottish Highlands saw their potato crop repeatedly devastated by potato blight. It was part of the wider food crisis facing Northern Europe caused by potato blight during the mid-1840s, whose most famous manifestation is the Great Irish Famine, but compared with its Irish counterpart, it was much less extensive and took many fewer lives as prompt and major charitable efforts by the rest of the United Kingdom ensured relatively little starvation. The terms on which charitable relief was given, however, led to destitution and malnutrition amongst its recipients. A government enquiry could suggest no short-term solution other than reduction of the population of the area at risk by emigration to Canada or Australia. Highland landlords organised and paid for the emigration of more than 16,000 of their tenants and a significant but unknown number paid for their own passage. Evidence suggests that the majority of Highlanders who permanently left the famine-struck regions emigrated, rather than moving to other parts of Scotland. It is estimated that about a third of the population of the western Scottish Highlands emigrated between 1841 and 1861.
The Crofters Holdings (Scotland) Act 1886 is an Act of the Parliament of the United Kingdom that created legal definitions of crofting parish and crofter, granted security of land tenure to crofters and produced the first Crofters Commission, a land court which ruled on disputes between landlords and crofters. The same court ruled on whether parishes were or were not crofting parishes. In many respects the Act was modelled on the Irish Land Acts of 1870 and 1881. By granting the crofters security of tenure, the Act put an end to the Highland Clearances.
A croft is a fenced or enclosed area of land, usually small and arable, and usually, but not always, with a crofter's dwelling thereon. A crofter is one who has tenure and use of the land, typically as a tenant farmer, especially in rural areas.
In Scotland a factor is a person or firm charged with superintending or managing properties and estates—sometimes where the owner or landlord is unable to or uninterested in attending to such details personally, or in tenements in which several owners of individual flats contribute to the factoring of communal areas.
Sollas is a small crofting township on the northern coast of the island of North Uist, Scotland.
The Crofters' Party was the parliamentary arm of the Highland Land League. It managed to elect five MPs in the 1885 general election and a sixth the following year.
The Bernera Riot occurred in 1874, on the island of Great Bernera, in Scotland in response to the Highland Clearances. The use of the term 'Bernera Riot' correctly relates to the court case which exposed the maltreatment of the peasant classes in the Highlands and Islands of Scotland and exposed the corruption that was inherent in the landowning class. The 'riot' was not fought in the streets or in the fields but in the Scots Lawcourts. It is notable as the first successful legal challenge to nineteenth century Landlordism in the Highlands and Islands of Scotland and was the catalyst for future resistance in what became known as the Crofters War. Modern land reform in Scotland has its roots in the outcome of this event.
The Highland Clearances were the evictions of a significant number of tenants in the Scottish Highlands and Islands, mostly in the period 1750 to 1860.
Glendale is a community-owned estate on the north-western coastline of the Duirinish peninsula on the island of Skye and is in the Scottish council area of Highland. The estate encompasses the small crofting townships of Skinidin, Colbost, Fasach, Glasphein, Holmisdale, Lephin, Hamaraverin, Borrodale, Milovaig and Waterstein, Feriniquarrie, Totaig, Glasphein, Hamara, and others
Charles 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.
The Report of the Highlands and Islands Medical Service Committee or the Dewar Report was published in 1912 and named after its chair, Sir John Dewar. The report presented a vivid description of the social landscape of the time and highlighted the desperate state of medical provision to the population, particularly in the rural areas of the Highlands and Islands of Scotland. The report recommended setting up a new, centrally planned provision of care that within 20 years transformed medical services to the area. This organisation, the Highlands and Islands Medical Service was widely cited in the Cathcart Report and acted as a working blueprint for the NHS in Scotland. The report is written in clear language and many of its findings continue to have relevance to how medical services are planned and financed in Scotland and beyond.
Events from the year 1884 in Scotland.
The Highland and Island Emigration Society was a charitable society formed to promote and assist emigration as a solution to the Highland Potato Famine.
John Murdoch was a Scottish newspaper owner and editor and land reform campaigner who played a significant part in the campaign for crofters rights in the late 19th century
Clan MacPhail is a Scottish clan of the Scottish Highlands. Known in Scottish Gaelic as Conchie Dhu or Condochy Doye, the clan is mainly associated with the confederation of Clan Chattan.
