PREFACE.

The present seems an excellent moment for bringing forward the arguments

in favour of a new policy for Ireland, which are to be found in the

articles contained in this volume.

We are realizing the first results of the verdict given at the election

of 1886. And this I interpret as saying that the constituencies were not

then ready to depart from the lines of policy which, up to last year,

nearly all politicians of both parties in Parliament had laid down for

their guidance in Irish affairs.

We have had the Session occupied almost wholly with Lord Salisbury's

proposals for strengthening the power of the central Government to

maintain law and order in Ireland, and for dealing with the most

pressing necessities of the Land question in that country.

It is well, before the policy of the Government is practically tested,

that the views of thoughtful men holding different opinions should be

clearly set forth, not in the shape of polemical speeches, but in

measured articles which specially appeal to those who have not hitherto

joined the fighting ranks of either side, and who are sure to intervene

with great force at the next election, when the Irish question is again

submitted to the constituencies.

I feel that I can add little or nothing to the weight of the arguments

contained in these papers, but I should like to give some reasons why I

earnestly hope that they will receive careful consideration.

The writers have endeavoured to approach their work with impartiality,

and to free themselves from those prejudices which make it difficult for

Englishmen to discuss Irish questions in a fresh and independent train

of thought, and realize how widely Irish customs, laws, traditions, and

sentiments differ from our own.

We are apt to think that what has worked well here will work well in

Ireland; that Irishmen who differ from us are unreasonable; and that

their proposals for change must be mistaken. We do not make allowance

for the soreness of feeling prevailing among men who have long objected

to the system by which Ireland has been governed, and who find that

their earnest appeals for reform have been, until recent times,

contemptuously disregarded by English politicians. Time after time

moderate counsels have been rejected until too late. Acts of an

exceptional character intended to secure law and order have been very

numerous, and every one of them has caused fresh irritation; while

remedial measures have been given in a manner which has not won the

sympathy of the people, because they have not been the work of the Irish

themselves, and have not been prepared in their own way.

Parliament seems during the past Session to have fallen into the same

error. By the power of an English majority, measures have been passed

which are vehemently opposed by the political leaders and the majority

of the Irish nation, and which are only agreeable to a small minority in

Ireland. This action can only succeed if the Irish can be persuaded to

relinquish the national sentiments of Home Rule; and yet this was never

stronger or more vigorous than at the present time. It is supported by

millions of Irish settled in America and in Australia; and here I would

say that it has often struck me that the strong feeling of

dissatisfaction, or, I might say, of disaffection, among the Irish is

fed and nurtured by the marked contrast existing between the social

condition of large numbers of the Irish in the South and West of Ireland

and the views and habits of their numerous relatives in the United

States.

The social condition of many parts of Ireland is as backward, or perhaps

more backward, than the condition of the rural population of England at

the end of last or the beginning of this century. The Irish peasantry

still live in poor hovels, often in the same room with animals; they

have few modern comforts; and yet they are in close communication with

those who live at ease in the cities and farms of the United States.

They are also imbued with all the advanced political notions of the

American Republic, and are sufficiently educated to read the latest

political doctrines in the Press which circulates among them. Their

social condition at home is a hundred years behind their state of

political and mental culture. They naturally contrast the misery of many

Irish peasants with the position of their relatives in the New World.

This cannot but embitter their views against English rulers, and

strengthen their leaning to national sentiments. Their national

aspirations have never died out since 1782. They have taken various

forms; but if the movements arising from them have been put down, fresh

movements have constantly sprung up. The Press has grown into an immense

power, and its influences have all been used to strengthen the zeal for

Irish nationality, while, at the same time, the success of the national

movements in Italy, Hungary, Greece, and Germany have had the same

effect. Lastly, the sentiment of Home Rule has gained the sympathy of

large bodies of electors in the constituencies of Great Britain, and,

under the circumstances, it is difficult to suppose that, even if the

country remains quiet, constitutional agitation will vanish or the Irish

relinquish their most cherished ambition.

We hear, from men who ought to know something of Ireland, that if the

Land question is once settled, and dual ownership practically abolished,

the tenants will be satisfied, and the movement for Home Rule will no

longer find active support in Ireland. Without going into the whole of

this argument, I should like to say two things: first, that I do not

know how a large scheme of Land Purchase can be carried through

Parliament with safety to Imperial interests without establishing, at

the same time, some strong Irish Government in Dublin to act between the

Imperial Government and the tenants of Ireland; and, second, that the

feeling for Home Rule has a vitality of its own which will survive the

Land question, even if independently settled.

Home Rule is an expression of national feeling which cannot be

extinguished in Ireland, and the only safe method of dealing with it is

to turn its force and power to the support of an Irish Government

established for the management of local Irish affairs. There are those

who think that this must lead to separation. I cannot believe in this

fear, for I know of no English statesman who looks upon complete

separation of Ireland from Great Britain as possible. The geographical

position of Ireland, the social and commercial connection between the

two peoples, renders such a thing impossible. The Irish know this, and

they are not so foolish as to think that they could gain their

independence by force of arms; but I do not believe that they desire it.

They are satisfied to obtain the management of their own local affairs

under the _ægis_ of the flag of England. The papers in this volume show

how this can be done with due regard to Imperial interests and the

rights of minorities.

I shall not enlarge on this part of the subject, but I wish to draw

attention to the working of the Irish Government, and the position which

it holds in the country, for it is through its administration that the

policy of the Cabinet will be carried out. At the outset I feel bound to

deprecate the exaggerated condemnation which the "Castle" receives from

its opponents. It has its defects. Notwithstanding efforts of various

ministers to enlarge the circle from which its officials are drawn, it

is still too narrow for the modern development of Irish society, and it

has from time to time been recruited from partisans without sufficient

regard to the efficiency and requirements of the public service. But, on

the whole, its members, taken as individuals, can well bear comparison

with those of other branches of the Civil Service. They are diligent;

they desire to do their duty with impartiality, and to hold an even

balance between many opposing interests in Ireland. Whatever party is in

office, they loyally carry out the policy of their chiefs. They are,

probably, more plastic to the leadership of the heads of departments

than members of some English offices, and they are more quickly moved by

the influences around them. Sometimes they may relapse into an attitude

of indifference and inertness if their chiefs are not active; but, on

the other hand, they will act with vigour and decision if they are led

by men who know their own minds and desire to be firm in the government

of the country.

When speaking of the chiefs of the Irish Civil Service, who change

according to the political party in office, we must not overlook the

legal officers, who exercise a most powerful influence on Irish

administration. They consist of the Lord Chancellor, the Attorney and

Solicitor General, and, until 1883, there was also an officer called the

Law Adviser, who was the maid-of-all-work of Castle administration. In

England, those who hold similar legal offices take no part in the daily

administration of public affairs. The Lord Chancellor, as a member of

the Cabinet, takes his share in responsibility for the policy of the

Government. The law officers are consulted in special cases, and take

their part from time to time in debates in the House of Commons. In

Ireland, however, the Chancellor is constantly consulted by the

Lord-Lieutenant on any difficult matter of administration, and the

Attorney and Solicitor General are in constant communication with the

Lord-Lieutenant, if he carries out the daily work of administration, and

with the Chief and the Under Secretary.

Governments differ as to the use they make of these officials. Some

Governments have endeavoured to confine their work to cases where a mere

legal opinion has to be obtained; but, when the country is in a

disturbed state, even these limited references become very frequent, and

questions of policy as well as of law are often discussed with the law

officers. It is needless to say that, with their knowledge of Ireland

and the traditions of Castle government (it is rare that all the law

officers are new to office, and, consequently, they carry on the

traditions from one Government to another), they often exercise a

paramount influence over the policy of the Irish Government, and

practically control it.

They are connected with the closest and most influential order in Irish

society--the legal order, consisting of the judges and Bar of Ireland.

This adds to the general weight of their advice, but it has a special

bearing when cases of legal reform or administration are under

consideration; it then requires unwonted courage and independence for

the law officers of the Crown to support changes which the lay members

of the Government deem necessary.

I have known conspicuous instances of the exercise of these high

qualities by law officers enabling reforms to be carried, but as a rule,

particularly when the initiative of legal reform is left to them, the

Irish law officers do not care to move against the feeling of the legal

world in Dublin. The lawyers, like other bodies, oppose the diminution

of offices and honours belonging to them, or of the funds which, in the

way of fees and salaries, are distributed among members of the bar; and

they become bitterly hostile to any permanent official who is known to

be a firm legal reformer. It would be impossible for me not to

acknowledge the great service often done to the Government by the able

men who have filled the law offices, yet I feel that under certain

circumstances, when their influence has been allowed too strongly to

prevail, it has tended to narrow the views of the Irish Government, and

to keep it within a circle too narrow for the altered circumstances of

modern life.

The chief peculiarity of the Irish Administration is its extreme

centralization. In this two departments may be mentioned as typical of

the whole--the police and administration of local justice.

The police in Dublin and throughout Ireland are under the control of the

Lord-Lieutenant, and both these forces are admirable of their kind. They

are almost wholly maintained by Imperial funds. The Dublin force costs

about £150,000 a year. The Royal Irish Constabulary costs over a million

in quiet, and a million and a half in disturbed times. Local authorities

have nothing to do with their action or management. Local justice is

administered by unpaid magistrates as in England, but they have been

assisted, and gradually are being supplanted, by magistrates appointed

by the Lord-Lieutenant and paid by the State.

This state of things arose many years ago from the want of confidence

between resident landlords and the bulk of the people. When agrarian or

religious differences disturbed a locality the people distrusted the

local magistrates, and by degrees the system of stipendiary, or, as they

are called, resident magistrates, spread over the country. To maintain

the judicial independence and impartiality of these magistrates is of

the highest importance. At one time this was in some danger, for the

resident magistrates not only heard cases at petty sessions, but, as

executive peace officers, to a very great extent took the control of the

police in their district, not only at riots, but in following up and

discovering offenders. Their position as judicial and executive officers

was thus very unfortunately mixed up. Between 1882 and 1883 the Irish

Government did their utmost to separate and distinguish between these

two functions, and it is to be hoped that the same policy has been and

will be now continued, otherwise grave mischief in the administration of

justice will arise. The existence of this staff of stipendiary

magistrates could not fail to weaken the influence of the gentry in

local affairs, and, at the same time, other causes were at work to

undermine still further their power. The spread of education, the

ballot, the extension of the franchise, communication with America, all

tended to strengthen the political leaning of the tenants towards the

National party in Ireland, and to widen the political differences

between the richer and poorer classes in the country. The result of this

has been, that not only have even the best landlords gradually lost

their power in Parliamentary elections and on elective boards, but the

Government, which greatly relied on them for support, has become

isolated.

The system of centralization is felt all over the country. It was the

cause of weakness in the disturbed years of 1880 and 1881, and, although

the Irish Executive strengthened themselves by placing officers over

several counties, on whom they devolved a great deal of responsibility,

they did not by these steps meet the real difficulty, which was that

everything that went wrong, whether as to police or magisterial

decisions, was attributed to the management of the Castle.

In this country, local authorities and benches of magistrates, quite

independent of the Home Office, are held responsible for mistakes in

police action or irregularities in local justice. The consequence is

that there is a strong buffer to protect the character and power of the

Home Office.

The absence of such protection in Ireland obviously has a very

prejudicial effect on the permanent influence and popularity of the

Irish Government. But as long as our system of government from England

exists, this centralization cannot be avoided, for it would not be

possible to transfer the responsibility of the police to local

representative bodies, as they are too much opposed to the landlords and

the Government to be trusted when strong party differences arise; nor,

for the same reason, would it be possible to fall back on local men to

administer justice. The fact is, that, out of the Protestant part of

Ulster, the Irish Government receives the cordial support of only the

landed proprietors, and a part of the upper middle classes in the towns.

The feeling of the mass of the people has been so long against them that

no change in the direction of trust in any centralized government of

anti-national character can be expected.

It would be difficult, perhaps impossible, to find any Municipal

Council, Boards of Guardians, or Local Boards, in Leinster, Munster, or

Connaught, whose members do not consist of a majority of Nationalists.

At nearly all such assemblies, whenever any important political movement

takes place in the country, or when the Irish Government take any action

which is displeasing to the Nationalists, resolutions are discussed and

carried in a spirit of sharp hostility to the Government.

In Parliamentary elections we also find clear evidence of the strength

of the Nationalists, and the extreme weakness of their opponents. This

is a test which those who accept popular representative government

cannot disregard, particularly at an election when for the first time

the new constituencies were called upon to exercise the privileges

entrusted to them by Parliament. Such was the election of 1885, followed

in 1886 by another General Election. In 1885 contests took place in most

of the Irish constituencies. They were between Liberals allied with

Conservatives, and Parnellites. In 1886 the contests were between those

who called themselves Unionists and Parnellites, and the Irish policy of

Mr. Gladstone was specially referred to the electors.

In regard to the number of members returned on the two sides, the result

of each election was almost identical, but in 1886 there were fewer

contests. We may, then, assume that the relative forces of Parnellites

and Unionists were accurately represented at the election of 1885. If we

take the votes at the election of 1885 for candidates standing as

Nationalists, we shall find, roughly speaking, that they obtained in

round numbers about 300,000 votes, and candidates who stood either as

Liberals or Conservatives about 143,000. But the case is really stronger

than these figures represent it, because in some constituencies the

contests were between Liberals and Conservatives, and there can be no

doubt that in those constituencies a number of Nationalist votes were

given for one or both of such candidates--votes which, therefore, would

have to be deducted from the 143,000, leaving a still heavier majority

on the Nationalist side.[1]

If we look at individual constituencies, we find that in South Kerry

only 133 persons voted for the "Unionist" candidate, while 2742 voted

for the Nationalist. In six out of seven constituencies in Cork where

contests took place 27,692 votes were given for the Nationalists, and

only 1703 for their opponents. In Dublin, in the division which may be

considered the West End constituency of the Irish metropolis, the most

successful man of commerce in Ireland, a leader of society, whose

liberality towards those in his employment is only equalled by his

munificence in all public works, was defeated by over 1900 votes. He did

not stand in 1886, but his successor was defeated by a still larger

majority. These elections show the numbers in Ireland on which the

Government and those who oppose Mr. Parnell's policy can count for

support.

It is absurd to say that these results are caused by terrorism exercised

over the minds of the electors by the agitators in Ireland; the same

results occurred in every part of three provinces, and in part of

Ulster, and the universality of the feeling proves the dominant feeling

of the Irish electors. They show the extreme difficulty, the

impossibility, of gaining that support and confidence which a Government

needs in a free country. As it is, the Irish Government stands isolated

in Ireland, and relies for support solely on England. Is a policy

opposed to national feeling, which has been often, and by different

Ministers, tried in Ireland, likely to succeed in the hands of a

Government such as I have described, and isolated, as I think few will

deny it to be? It is impossible in the long run to maintain it. The

roots of strength are wanting.

If we turn from Dublin to London, we do not find greater prospects of

success. Twice within fourteen months Lord Salisbury has formed a

Government. In 1885 his Cabinet, on taking office, deliberately decided

to rule Ireland without exceptional laws; after a few months, they

announced that they must ask Parliament for fresh powers. They resigned

before they had defined their measures. But within six months Lord

Salisbury was once more Prime Minister, and again commenced his

administration by governing Ireland under the ordinary law. This attempt

did not continue longer than the first, for when Parliament met in 1887,

preparations were at once made to carry the Criminal Law Amendment Act,

which occupied so large a portion of the late Session.

This is not the action of men who have strong faith in their principles.

Nor can it be shown that the continuous support so necessary for success

will be given to this policy. No doubt it may be urged that the

operation of the Act is not limited in duration; but, notwithstanding

that, few politicians believe that the constituencies of Great Britain

will long support the application of exceptional criminal laws to any

part of the United Kingdom.

This would be wholly inconsistent with past experience In relation to

these measures, which points entirely the other way; and the publication

in English newspapers and constant discussion on English platforms of

the painful incidents which seem, unfortunately, inseparable from a

rigid administration of the law in Ireland, together with the prolonged

debates, such incidents give rise to, in Parliament, aggravate the

difficulties of administration, and lead the Irish people to believe

that exceptional legislation will be as short-lived in the future as it

has been in the past.

It was this evidence of want of continuity of policy in 1885, and the

startling disclosure of the weakness of the anti-national party in

Ireland at the election in the autumn of that year, which finally

convinced me that the time had come when we could no longer turn to a

mixed policy of remedial and exceptional criminal legislation as the

means of winning the constituencies of that country in support of our

old system of governing Ireland. That system has failed for eighty-six

years, and obviously cannot succeed when worked with representative

institutions. As the people of Great Britain will not for a moment

tolerate the withdrawal of representative government from Ireland, we

must adopt some new plan. What I have here written deals with but a

fragment of the arguments for Home Rule, some of which are admirably set

forth by the able men who have written the articles to which this is the

preface. I earnestly wish that they may arrest the attention of many

excellent Irishmen who still cling to the old traditions of English

rule, and cause them to realize that the only way of relieving their

country from the intolerable uncertainty which hangs over her

commercial, social, and political interests and paralyzes all efforts

for the improvement of her people, will be to form a Constitution

supported by all classes of the community. I trust that they will join

in this work before it is too late, for they may yet exercise a powerful

and salutary influence in the settlement of this great question.

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