MR. DICEY.

A fairer controversalist, or an abler supporter of the "paper Union,"

than Mr. Dicey there is not; nevertheless no man has fired more

effective shots into Mr. Pitt's unfortunate arrangement of 1800.

How well has the "failure" of that arrangement been described in these

pithy sentences--"Eighty-six years have elapsed since the conclusion of

the Treaty of Union between England and Ireland. The two countries do

not yet form an united nation. The Irish people are, if not more

wretched (for the whole European world has made progress, and Ireland

with it), yet more conscious of wretchedness, and Irish disaffection to

England is, if not deeper, more widespread than in 1800. An Act meant by

its authors to be a source of the prosperity and concord which, though

slowly, followed upon the Union with Scotland, has not made Ireland

rich, has not put an end to Irish lawlessness, has not terminated the

feud between Protestants and Catholics, has not raised the position of

Irish tenants, has not taken away the causes of Irish discontent, and

has, therefore, not removed Irish disloyalty. This is the indictment

which can fairly be brought against the Act of Union."[53]

What follows reflects honour on Mr. Dicey as an honest opponent who does

not shrink from facts; but what a wholesale condemnation of the policy

of the Imperial Parliament!

"On one point alone (it may be urged) all men, of whatever party or of

whatever nation, who have seriously studied the annals of Ireland are

agreed--the history is a record of incessant failure on the part of the

Government, and of incessant misery on the part of the people. On this

matter, if on no other, De Beaumont, Froude, and Lecky are at one. As to

the guilt of the failure or the cause of the misery, men may and do

differ; that England, whether from her own fault or the fault of the

Irish people, or from perversity of circumstances, has failed in Ireland

of achieving the elementary results of good government is as certain as

any fact of history or of experience. Every scheme has been tried in

turn, and no scheme has succeeded or has even, it may be suggested,

produced its natural effects. Oppression of the Catholics has increased

the adherents and strengthened the hold of Catholicism. Protestant

supremacy, while it lasted, did not lead even to Protestant contentment,

and the one successful act of resistance to the English dominion was

effected by a Protestant Parliament supported by an army of volunteers,

led by a body of Protestant officers. The independence gained by a

Protestant Parliament led, after eighteen years, to a rebellion so

reckless and savage that it caused, if it did not justify, the

destruction of the Parliament and the carrying of the Union. The Act of

Union did not lead to national unity, and a measure which appeared on

the face of it (though the appearance, it must be admitted, was

delusive) to be a copy of the law which bound England and Scotland into

a common country inspired by common patriotism, produced conspiracy and

agitation, and at last placed England and Ireland further apart,

morally, than they stood at the beginning of the century. The Treaty of

Union, it was supposed, missed its mark because it was not combined with

Catholic Emancipation. The Catholics were emancipated, but emancipation,

instead of producing loyalty, brought forth the cry for repeal. The

Repeal movement ended in failure, but its death gave birth to the

attempted rebellion in 1848. Suppressed rebellion begot Fenianism, to be

followed in its turn by the agitation for Home Rule. The movement

relies, it is said, and there is truth in the assertion, on

constitutional methods for obtaining redress. But constitutional

measures are supplemented by boycotting, by obstruction, by the use of

dynamite. A century of reform has given us Mr. Parnell instead of

Grattan, and it is more than possible that Mr. Parnell may be succeeded

by leaders in whose eyes Mr. Davitt's policy may appear to be tainted

with moderation. No doubt, in each case the failure of good measures

admits, like every calamity in public or private life, of explanation,

and after the event it is easy to see why, for example, the Poor Law,

when extended to Ireland, did not produce even the good effects such as

they are which in England are to be set against its numerous evils; or

why an emigration of unparalleled proportions has diminished population

without much diminishing poverty; why the disestablishment of the

Anglican Church has increased rather than diminished the hostility to

England of the Catholic priesthood; or why two Land Acts have not

contented Irish farmers. It is easy enough, in short, and this without

having any recourse to theory of race, and without attributing to

Ireland either more or less of original sin than falls to the lot of

humanity, to see how it is that imperfect statesmanship--and all

statesmanship, it should be remembered, is imperfect--has failed in

obtaining good results at all commensurate with its generally good

intentions. Failure, however, is none the less failure because its

causes admit of analysis. It is no defence to bankruptcy that an

insolvent can, when brought before the Court, lucidly explain the errors

which resulted in disastrous speculations. The failure of English

statesmanship, explain it as you will, has produced the one last and

greatest evil which misgovernment can cause. It has created hostility to

the law in the minds of the people. The law cannot work in Ireland

because the classes whose opinion in other countries supports the

actions of the courts, are in Ireland, even when not law-breakers, in

full sympathy with law-breakers."[54]

No Home Ruler has described the evils of English misrule in Ireland with

such vigour as this.

"Bad administration, religious persecution, above all, a thoroughly

vicious land tenure, accompanied by such sweeping confiscations as to

make it, at any rate, a plausible assertion that all land in Ireland has

during the course of Irish history been confiscated at least thrice

over, are admittedly some of the causes, if they do not constitute the

whole cause, of the one immediate difficulty which perplexes the policy

of England. This is nothing else than the admitted disaffection to the

law of the land prevailing among large numbers of Irish people. The

existence of this disaffection, whatever be the inference to be drawn

from it, is undeniable. A series of so-called Coercion Acts, passed both

before and since the Act of Union, give undeniable evidence, if evidence

were wanted, of the ceaseless and, as it would appear, almost

irrepressible resistance in Ireland offered by the people to the

enforcement of the law. I have not the remotest inclination to underrate

the lasting and formidable character of this opposition between opinion

and law, nor can any jurist who wishes to deal seriously with a serious

and infinitely painful topic, question for a moment that the ultimate

strength of law lies in the sympathy, or at the lowest the acquiescence,

of the mass of the population. Judges, constables, and troops become

almost powerless when the conscience of the people permanently opposes

the execution of the law. Severity produces either no effect or bad

effects; executed criminals are regarded as heroes or martyrs; and

jurymen and witnesses meet with the execration and often with the fate

of criminals. On such a point it is best to take the opinion of a

foreigner unaffected by prejudices or passions from which no Englishman

or Irishman has a right to suppose himself free.

"'Quand vous en êtes arroês à ce point, croyez bien que dans cette voie

de regueurs tous vos efforts pour rétabler l'ordre et la paix seront

inutiles. En vain, pour réprimer des crimes atroces, vous appellerez à

votre aide toutes les sévérités du code de Dracon; en vain vous ferez

des lois cruelles pour arrêter le cours de révoltantes cruautés;

vainement vous frapperez de mort le moindre délit se rattachant à ces

grands crimes; vainement, dans l'effroi de votre impuissance, vous

suspendrez le cours des lois ordinaries proclamerez des comtés entiers

en état de suspicion légale, voilerez le principe de la liberté

individuelle, créerez des cours martiales, des commissions

extraordinaires, et pour produire de salutaires impressions de terreur,

multiplierez à l'excès les exécutions capitales.'"[55]

Handbook of Home Rule: Being Articles on the Irish Question · 第 33 / 49 题