CHAPTER IV.

ENGLISH ARGUMENTS IN FAVOUR OF HOME RULE.

[Sidenote: Arguments by which Home Rule policy defended.]

To lay stress upon the consideration that the Home Rule movement in

England derives its force from the condition of public feeling is not,

be it remarked, equivalent to showing that the policy of Home Rule is

unwise; still less that the policy of defended. Home Rule is unlikely to

be adopted by the nation. Masses of human beings must generally, as

individuals must often, trust to the guidance of feeling. The difference

between the sentiment which ought and the sentiment which ought not to

determine national conduct is, that the one admits and the other does

not admit of justification on grounds of reason or experience. Reasoning

is the test, not the source of wise action. Slavery was abolished, the

abuses of the _ancien regime_ were destroyed, Italian unity was created

under the stress of emotions which carried away thousands who could not

have logically defended the impulse which governed their acts. But in

these, as in other cases in which humanity has been carried forward

along the path of progress by the force of emotion, the enthusiasm of

the time could, in so far as it worked for good, be justified on

grounds of reason. Man is (difficult though it often be to believe the

fact) a rational being, in so far at least that he is constrained to

defend on argumentative grounds courses of action dictated by feeling.

From this law of human nature Home Rulers have neither the power nor, in

fairness be it added, the wish to escape. Their influence is due to the

condition of public sentiment, but they justify their policy by

arguments which are the intellectual equivalents for the moral feelings

which go to constitute the opinion of the day. Of these arguments, those

which require statement and examination can be conveniently summed up

under six heads--the argument from foreign experience, the argument from

the will of the Irish people, the argument from the lessons of Irish

history, the argument from the virtues of self-government, the argument

from the necessity for Coercion Acts, the argument from the

inconvenience to England of refusing Home Rule to Ireland.

[Sidenote: Argument 1. Foreign experience.]

_The argument from foreign experience_.--Home Rule under one shape or

another has been tried in a large number of foreign countries, and has

(it is alleged) been found everywhere to solve the problem of combining

into one State communities which, like England and Ireland, were not

ready to coalesce into one united nation. Each State throughout the

American Union, each Canton of Switzerland, has something like sovereign

independence. Yet the United States are strong and prosperous, and the

Swiss Confederacy, which was a land at one time torn by religious

animosities, and divided by differences of race, is now a country so

completely at harmony with itself that without a regular army it

maintains its independence in the face of the armed powers of Europe.

Canada or Victoria have more complete liberty of action than any one

dreams of claiming for Ireland. Yet Canada and Victoria are loyal, and

under the guidance of men who, it may be, were yesterday rebels in

Ireland, support the supremacy of the British Parliament and contribute

to the splendour of the English Crown. The German Empire contains not

only separate States, but separate kingdoms, such as Bavaria, ruled by

kings or princes who certainly value highly the independence of their

countries and the dignity of their thrones. The despotism of Turkey has

not forbidden the local independence of Crete, and self-government has,

it is hinted, produced acquiescence in Turkish rule. The autocracy of

the Czar is found compatible with Home Rule in Finland, and Finland is

the most contented portion of Russia. Norway and Sweden are united in

feeling because they are not by law a "united kingdom," and act in

harmony just because each country has a different constitution, and each

is governed by its own Parliament. Denmark has, with benefit to herself,

given local independence to Iceland, and Iceland is content. Austria and

Hungary, after centuries of misunderstanding and twenty years of bitter

conflict, have finally composed the feud of ages by a compromise, which

gives to the two parts of the Empire the practical blessings of

Parliamentary independence, and concedes to Hungary at least the

sentimental blessing of acknowledged nationality. The argument, in fact,

from foreign experience, professes to be an induction based upon a

foundation of instances as large as can support any conclusion of social

science. In one land after another the existence of Home Rule, or, to

use the curiously inaccurate phraseology of the day, of "autonomy," in

one part of the State has been found consistent with the unity of the

whole. An experiment which has succeeded in one set of cases ought to

succeed in another, and England has no reason to dread a scheme of

government which has been tried with success in other portions of the

civilized world. Nor does the zealous advocate of Home Rule pause at the

conclusion that the measure he recommends may, on the strength of

foreign experience, be regarded as a tolerable evil or as a probable

cure for a chronic disease. He suggests that it is a good in itself, and

laments that ignorance led our ancestors to fuse Scotland and England

into an United Kingdom, when they might, had they understood the

principles of federalism, have left to each country the blessings of

State sovereignty.

[Sidenote: Criticism on argument.]

There is some difficulty in treating with perfect seriousness a line of

reasoning which, proceeding from the quarter whence it comes, holds up

for our admiration the wisdom or lenity of Turkish rule in Crete, and

extols the supreme justice of the system upon which rests the

Austro-Hungarian monarchy, which implies that the arts of government may

be learnt from the Russian administration of Finland, and omits all

reference to the disastrous results of the attempt to endow Poland with

some sort of independence, which bases weighty inferences as to the

proper relation between England and Ireland on the concession by Denmark

to the scanty inhabitants of a desolate island lying 1100 miles from her

coast of as much autonomy (if that be the right term) as under the Crown

of England has been enjoyed for generations by Jersey or Man, and which

suggests lamentations over the splendid triumph of constructive

statesmanship embodied in the treaty of Union with Scotland. _De minimis

non curat lex_ is a maxim of judicial procedure which in spirit applies

to proposals for legislation. Arguments from Iceland and the like may be

set aside as the ornaments or curiosities of debate, and may be allowed

as much weight and no more as would be given to an argument in favour of

petty states from the flourishing condition of Monaco, or to reasonings

in support of Republicanism from the condition of Andorre. Though there

is something slightly ridiculous in the zeal with which the advocates of

Home Rule, using at least as much industry as discrimination, have

scraped together every instance they can lay their hands upon of

constitutions under which something which can be called Home Rule exists

without producing palpable injury to the State, it would be unfair to

deny some real weight to a kind of induction, which, if not convincing

as argument, yet possesses undoubtedly a good deal of rhetorical

effectiveness. Nor ought the concession to be refused that if there be

any man dull or ill-informed enough to suppose that countries cannot be

politically united unless they are subject to a common legislative

power, the slightest knowledge of lands outside England is sufficient to

make manifest his ignorance. When, however, the instances on which the

induction is supposed to be founded are carefully scrutinised, it will

be discovered that those examples which deserve attention are far less

numerous than might be supposed from a glance over the lists now well

known to the public of what may be termed successful experiments in Home

Rule, and, further, that this limited number of instances do not go far

to make out the conclusion in favour of which they are adduced.

At the present stage of my argument I purposely omit all minute

examination of the applicability to the relations between England and

Ireland, either of the English Colonial system or of federalism as it

exists in the United States or in Switzerland. Any scheme of Home Rule

must follow in some degree one or other of these models. It will,

therefore, be necessary to consider in subsequent chapters how far

either of them may admit with advantage of imitation. Two observations,

however, may even at this point not be out of place. An English colony,

such as Victoria, is a virtually independent country, attached to

England mainly by ties of loyalty or of well-understood interests, but

placed at such a distance from the mother country that England could

without inconvenience, and would without hesitation, concede to it full

national independence when once it was clear that Victoria desired to be

a nation. Victoria, in short, is a land which might at any moment be

independent, but which desires to retain or strengthen the connection

with England. Ireland, on the other hand, is a country lying so near to

the English coast that, according to the views of most statesmen,

England could not with safety tolerate her independence, and also a

country, which, to put the matter in the least exaggerated language,

feels the connection with England so burdensome that the greater part of

her population desire at least the amount of independence conceded to a

self-governing colony. The case of Victoria and the case of Ireland each

constitute, so to speak, the antithesis to the other. There is,

therefore, at any rate no _a priori_ ground for the assumption that the

system which successfully regulates the relation of England to Victoria

is equally adapted for regulating the relation between England and

Ireland. The federalism, again, of America or of Switzerland is the

consequence of the existence of the States which make up the Federation.

The United Kingdom does not consist of States. The world has heard of

the difficulty of forming a republic without republicans: this feat

would appear to be easy of performance in comparison with the

achievement of erecting federation without the States which form its

natural members. In America or in Switzerland federalism has developed

because existing States wished to be combined into some kind of national

unity. Federalism in England would necessarily mean the breaking up of a

nation in order to form a body of States. To the question constantly

raised in one form or another, "Why should not the federalism which

suits the United States suit England?" the true answer is suggested by

the counter-inquiry, "Why should not the constitutionalism of England

suit the United States?" The obvious and conclusive reply to both these

inquiries is, that the circumstances of the two countries are totally

different. There is, in short, no ground in the nature of things to

presume that constitutional arrangements, which are well adapted for the

condition of America, are well adapted for the totally different

condition of the United Kingdom. To say this, be it noted, is not to

prejudge the question reserved for subsequent consideration, whether

some kind of federalism may not supply the solution of the problem how

to adjust the political connection between England and Ireland. It is no

more than noting the often-overlooked fact that the admitted success of

federal government in the United States gives no presumption in favour

of its suitability for Great Britain and Ireland.

The experience of foreign countries to which Home Rulers confidently

appeal resolves itself, if the matter be carefully sifted, and if the

colonial system of England and the federalism of America be left for the

moment out of account, into the fact that two powerful continental

Empires maintain Imperial unity, and yet (as it is alleged without

lessening their strength) contain within their limits States each of

which enjoys a large amount of independence. That neither the German

Empire nor the Austro-Hungarian monarchy suffer inconvenience from the

looseness of the connection between the States which they each contain

is one of those assertions more easily made than proved to be true; but

supposing its truth to be, for the moment and purely for the sake of

argument, admitted, there will still be found considerable difficulty in

showing that either German Imperialism or the Dual system of

Austria-Hungary contains lessons of practical value for the guidance of

English statesmen.

What indeed is the precise inference which one is to draw from the fact

that the constitution of the German Empire leaves, for example, to

Bavaria a large amount of independence it is not very easy to

understand. The whole circumstances of the German Empire are as

different from the circumstances of Great Britain as the position of one

civilised European country can well be from the situation of another.

The salient characteristic of German history is that Germany consists of

States which until quite recently have never been politically

consolidated into a nation. The United Kingdom has for nearly a century

formed a political unit, and has now for something nearly approaching

two centuries been subject in reality if not in name to one sovereign

Parliament. The whole scheme of the Empire, with its independent or

semi-independent sovereigns, with its kings, princes, and free towns, is

something to which there is absolutely nothing to correspond in the

present condition or in the historical development of England. The

German Empire is the natural though strange growth of a special and

strange history. The sober English statesmen who advocate Home Rule

assuredly never dreamt any dream so wild as that the Imperial Federalism

of Germany could in any way be reproduced in the United Kingdom. But if

this be so, it is a little difficult to understand references to the

lessons to be drawn from the position of such countries as Bavaria. For

the difficulty of applying German precedents to proposed innovations in

the English constitution lies far deeper than the unsuitability to

England of the forms of German Imperialism. The condition which has

given birth to the present German Empire is that in Germany the

sentiment of nationality has overridden the political divisions which

broke up Germany into almost disconnected and often hostile States. In

Germany the popular passion for unity has compelled the formation of a

United Empire. This sentiment, and not the cumbersome device of an

ill-arranged constitution, prevents Bavaria from using her independence

in a manner inconsistent with the unity of the Empire. The force which

tends towards unity is constantly on the increase. The Empire has the

legal means of diminishing or indeed of destroying the independence of

the States, and should the independence of a State ever come into

conflict with the unity of the nation State rights will not, we may be

sure, win the day. Nor, further, is it any accident that Bismarck whilst

tolerating the existence of Parliaments will not tolerate the

introduction of Parliamentary government. The acquiescence of Liberals

in the evils of personal rule is due to the consciousness that the real

authority of the Emperor is necessary for the unity of the Empire.

Contrast all this with the condition of things under which Englishmen

are adjured to concede a Parliament to Ireland. The leading features of

the case, according at any rate to Home Rulers, are that Parliament is

too weak to withstand the pressure exercised by eighty-six obstructives,

and that Ireland, no less, as we are now at last frankly told, than

Scotland and Wales, desires to relax the bonds of national unity. We are

advised to dissolve the United Kingdom into a confederacy because

Germany, through a clumsy form of confederacy, is growing into a united

empire. This counsel confuses the stages of imperfect development with

the stage of incipient decay; it ascribes to the childishness of

approaching senility the hopes which are proper to the childishness of

early youth. The point is worth pressing. The considerations which

govern a confederacy as it is developing into a nation are very

different from the considerations applicable to a full grown nation

when threatened with dismemberment into a confederacy.

Deak's statesmanship undoubtedly found at any rate a temporary solution

of the questions which kept Austria and Hungary at variance in a

compromise which bears some analogy to the arrangement by which Home

Rulers propose at once to loosen and to maintain the connection between

England and Ireland. In the case of Austria-Hungary, the union which

exists is not, on the face of it at least, a step towards unity, but

rather the surrender of the endeavour to mould the two parts of the

monarchy into a united empire. The Dual system is therefore the instance

of the blessings attending Home Rule which is most sedulously thrust

upon English attention. Let us see, then, what in outline this system

is, and what are the causes which favour its existence.[4]

German jurisprudence has taxed hard its boundless stores of ingenuity

and obscurity in the endeavour to find a proper scientific definition of

the nature of the anomalous union which binds together the monarchy of

Austria-Hungary. With the inquiry, however, what may be the precise

class of constitutions under which we ought to bring a political

arrangement which is "singular" in the strictest sense of that word,

English inquirers need not concern themselves. The broad outlines of

the Dual system, invented by the ingenuity of Deák, and accepted under

the stress of necessity by the sagacity of the Emperor, may, for our

present purpose, be roughly sketched in short, and it is hoped in not

unintelligible terms.

The Dual system is a permanent alliance rather than a union between the

kingdom of Hungary and the countries now represented in the Austrian

Imperial Parliament, or (to use convenient though not quite accurate

terms) between Austria and Hungary.

The essential features of this alliance or compromise, which is in its

nature a treaty far more than an act of legislation, may be thus summed

up.

At the head of the whole monarchy stands the Emperor-King. The rules for

the succession to the throne indeed secure that the Imperial and the

Hungarian Crown shall always devolve upon the same person. The Crowns,

however, are distinct, the monarch on whose head they rest governs two

distinctly different peoples, bound to him by different ties of

allegiance. He has Hungarian subjects and Austrian subjects, but he can

claim authority over no man as a subject or citizen of Austria-Hungary.

The monarch (and this is a matter of supreme importance) is not only the

nominal, but the real link connecting the two halves of his dominions.

He is moreover a true ruler. Englishmen hear of a Parliament at Vienna

and of a Diet in Hungary, of Austrian ministers and of Hungarian

ministers, and they fancy that Francis Joseph is a constitutional king

after the type of Queen Victoria of England, or King Humbert of Italy.

No idea is more erroneous. He is the actual head of the State; he is the

real commander of the army. In the Austrian Empire he exercises a

predominant influence on the Government, and observers who look at the

past exertions of Imperial prerogative, and who weigh well the immense

power of temporary legislation reserved under the Imperial constitution

to the Emperor, suspect that in his Austrian dominions, Francis Joseph

might if he chose as easily suspend constitutional government, as he did

in fact suspend it (though for a most legitimate object) in 1886. In

Hungary the parliamentary constitution is a reality, but the King of

Hungary's authority is a good deal more than nominal. The transactions

between Deák and the Emperor become incomprehensible unless you allow

for the influence conferred by Hungarian loyalty upon the King of

Hungary.

This real monarch rules the monarchy with the co-operation of what might

roughly be called three Parliaments.

The first Parliament is the Hungarian Diet sitting at Pesth, which

constitutes the real and true legislature for Hungary, and which, in

spite of the powers retained by or conferred upon the local legislature

of Croatia, makes laws for the whole domain of the Hungarian Crown. The

King of Hungary appoints the Hungarian ministers, who are responsible to

the Hungarian Diet, and are kept in office by the Diet's support.

The second Parliament is the Imperial Parliament, or _Reichsrath_,

sitting at Vienna, legislating for the territories of the Austrian

Empire which do not belong to the Hungarian Crown. The Emperor appoints

the Austrian or Imperial Ministry, who are responsible to the Imperial

Parliament, and need the support of the _Reichsrath_; it may well

however be doubted whether an Austrian Premier does not depend for his

authority far more on the will of the Emperor than on the votes of

_Reichsrath_; the authority of the _Reichsrath_ is, moreover,

considerably restricted by the powers conferred upon the subordinate

assemblies of the different countries, e.g. Bohemia or the Tyrol, which

make up the Empire.[5]

Englishman should note that the Hungarian Diet has as such no

legislative authority in Austria, and the _Reichsrath_ has no

legislative authority in Hungary.

The third Parliament consists of the so-called Delegations.

These Delegations are two committees of sixty members each, elected by

and from the members of the Hungarian Diet and the Imperial Parliament

respectively, but though I have termed them "committees" they are

committees which within their sphere have an authority independent of

the bodies by whom they are appointed.

The function of the Delegations is to determine the "common affairs" of

the monarchy, that is to say a strictly limited number of matters,

namely, common finance, common military matters, and foreign affairs. On

these three topics, and on these alone, the Hungarian and the Austrian

Delegations are (acting of course with the Emperor) supreme. They

determine the common Budget of the whole Austro-Hungarian Empire; they

determine as far as legislation is required all questions affecting the

Imperial army as a whole; they also determine, as far as their

intervention is required, questions of foreign policy. The function in

short of the Delegations is to deal with matters, and with those matters

only, which affect the Austro-Hungarian State as a united body, and in

its relation to foreigners. Hence three Ministers, the Minister of War,

the Minister of Finance, and the Minister of Foreign Affairs, who act

for the whole monarchy, constitute what is called the Common Ministry,

and are appointed by the Emperor-King, and are responsible neither to

the Hungarian Parliament nor to the Imperial Parliament, but simply to

the Delegations. It is natural for Englishman to conclude that the

Delegations regulate matters, such for example as questions regarding

customs, &c., which must affect every portion of the State, and must, if

the two divisions of it are to be united at all, be regulated on common

principles. But this is not so. The economical relations of the two

parts of the Empire are determined by laws identical in substance,

passed by the Hungarian and Imperial Parliaments respectively. These

laws are enacted from ten years to ten years. It is therefore possible

under the present arrangement that in '88 the existing customs union

between Austria and Hungary may come to an end.[6] The position further

of the Delegations is in reality that of two separate committees each

representing a separate Parliament. Infinite pains have been taken to

place the Hungarian and the Austrian Delegations on exactly equal

footing. The Delegations meet alternately at Vienna and at Pesth, they

debate in general separately, and come to an agreement through written

negotiations; they may have a common meeting. In this case the number of

deputies present on each side must be equal, and by a vote of the

majority at such common meeting, any question in dispute is finally

determined.

The Austro-Hungarian system is therefore briefly this. Two separate

States, each having a separate administration, a separate Parliament,

and separate bodies of subjects or citizens, are each ruled by one and

the same monarch; the two portions of the monarchy are linked together

mainly as regards their relation to foreign powers by an assembly of

delegates from each Parliament and by a Ministry which is responsible to

the Delegations alone, and which acts in regard to a limited number of

matters which are of absolute necessity the common concern of the

monarchy. This is the Dual system held up for our imitation. Picture it

for a moment as actually existing in what is still the United Kingdom.

We should have an English Ministry and an English Parliament at

Westminster which had not the least authority in Ireland; we should have

an Irish Ministry and an Irish Parliament at Dublin which had not the

least authority in England. Each Parliament would in point say of

foreign policy be hampered by the superior authority of a third

Parliament consisting of sixty English and sixty Irish members who sat

alternately at Westminster and at Dublin to transact or perplex or

obstruct the affairs common to the whole Empire. To imagine such an

arrangement, to sketch out in one's fancy, for example, how the common

budget decreed by the Delegations would be provided for by taxation

imposed by the Irish Parliament, is enough to show that the Dual system

is absolutely inapplicable to our circumstances. It could not last for a

year, and if by any miracle it did last for that time, the whole British

Empire would be reduced to confusion or ruin. The advocates of

innovation exhibit the most singular mixture of despair and hopefulness.

The presence in Parliament of eighty-six Parnellites makes them despair

of the British constitution, which has existed for centuries. They hope

or expect that three Parliaments, in two of which these very

Parnellites, or men like them, would reappear, would harmoniously

legislate for England, Ireland, and the British Empire, and this hope is

based on the alleged success of that Dual system which has not without

difficulty been kept going for not quite twenty years. The alliance of

scepticism and credulity, of which we have often heard in the sphere of

theology, is a startling phenomenon in the province of politics. The

Dual system, however, it will be urged by its admirers, has worked

well. Admit the fact, the success is clearly due to circumstances

negative and positive totally absent in the case of England and Ireland.

The bodies united by means of the compromise do not, like the United

Kingdom, constitute the centre of a world-wide Empire. Hungary has taken

up arms against the Austrian Emperor, yet there has never been in

strictness a feud between the Hungarians and the other subjects of the

Emperor. The compromise or alliance manifestly met the interest of both

portions of the monarchy: it restored to Hungary a constitution which

for eighteen years or more had been suppressed, but which had never been

given up; it secured, or went far to secure, the new constitutional

liberties of the Austrian Empire. Hungary could not stand alone, and she

knew it. The compromise was in reality a politic alliance between the

two leading races among the many races governed by Francis Joseph. The

Germans and the Magyars came to terms; the alliance strengthened them

each against other foes. But with every political advantage the Dual

system, of which the permanence is not as yet at all secure, might have

proved as undurable as Grattan's Constitution of 1782 but for one

circumstance, to which I have already directed attention. At the head of

Austria-Hungary stands not an absolute, but a powerful monarch. The

authority of the Emperor is the spring which makes the cumbersome

machinery of a complicated constitution keep going. The matter is worth

attention The power of the Emperor William holds together the States of

the German Empire; the power of Francis Joseph keeps alive the Dual

system; where the Crown has a real authority trial may be made of

experiments in the way of local independence, which are impossible in a

State where, as in England, the true sovereign is an elective assembly.

Foreign experience then affords but a very tottering foundation on which

to raise pleas for Home Rule in Ireland. It may no doubt be read by

those who are already convinced that Home Rule is desirable in favour of

their views. It may confirm a faith based on other grounds, more it

cannot do. Fairly looked at, foreign experience tells rather against

than for the doctrines of Home Rule. If appealed to at all, it must be

taken as a whole. It then shows that Federalism is when nourishing a

stage towards, not a stage away from, national unity; it shows that a

strong central power above Parliamentary control is almost a condition

to the successful combination in one body of semi-independent States.[7]

It shows that the whole tendency of modern civilization flows towards

the creation of great States; national unity is, so to speak, the

watchword of the age; this is scarcely a reason for breaking up the

United Kingdom. The sagacity of Italian statesmanship rejected the

plausible scheme of an Italian Federation. If Englishmen are to take

lessons from foreigners they need not be ashamed of being instructed by

Cavour.

[Sidenote: Argument 2. Will of Irish people]

_The argument from the will of the Irish people_.--Eighty-six

representatives of the Irish people represent the wish of Ireland for

Home Rule. We cannot under a Parliamentary system of government go

behind the result of an election. It must be taken therefore that

Ireland wishes for Home Rule; and since popular government as it exists

in England means nothing else than government in accordance with the

wishes of the people, the wish of the Irish people for the Parliamentary

independence of their country proves their right to an Irish Parliament,

and terminates, or ought to terminate, all opposition to Home Rule.

[Sidenote: Criticism on argument]

This simple argument, that because three millions of Irishmen, or for

that matter three millions of Englishmen, wish for a thing, they are

therefore absolutely entitled to have it, is not often put forward in

its naked simplicity, but is constantly presented under various

rhetorical disguises, such for example as the assertion that Irishmen

have a right to manage their own affairs, that Ireland only wants to be

left to herself, and the like; and impresses both the imagination and

the conscience of the masses. There is a good deal to be said about the

truth of the alleged fact on which the argument is based, namely the

wish of the Irish people. It might be worth while to note that the

"people" in this case meant only a majority of the electors, whose wish

is notoriously opposed to the ardent desire of a respectable minority;

and it might be well to suggest that the constitutional pedantry which

refuses to "go behind an electoral return," _i.e._, to see things as

they are, is not the same thing as either good sense or statesmanship.

But for the present purpose it is better to admit that the majority of

the inhabitants of Ireland would, if a fair vote were taken, express

their wish for Home Rule, as they might, probably, under similar

conditions express their wish for separation. The argument in hand,

however, even when its basis is conceded, allows, according to the

different meanings which it may bear, of different answers. If taken in

its most obvious sense, as asserting the absolute right of a majority

among Irish electors to any concession with regard to Ireland which they

are pleased to claim, it may be met by another formula of equal cogency

or of equal weakness. "The vast majority of the United Kingdom,

including by the way a million or more of the inhabitants of Ireland,

have expressed their will to maintain the Union. Popular government

means government in accordance with the will of the majority, and

therefore according to all the principles of popular government the

majority of the United Kingdom have a right to maintain the Union. Their

wish is decisive, and ought to terminate the whole agitation in favour

of Home Rule." To any sensible person who has passed beyond the age of

early manhood (for youths may without blame treat politics as a form of

logic) neither of these formulas can present a sound ground from which

to defend or impugn legislation which involves the welfare of millions.

The contradiction however between two formulas each of which if

propounded alone would command the assent of a democratic audience is

noteworthy. This contradiction brings into prominence the consideration

that the principle that the will of the majority should be sovereign

cannot, whether true or false in itself, be invoked to determine a

dispute turning upon the enquiry which of two bodies is the body the

majority of which has a right to sovereignty. The majority of the

citizens of the United States were opposed to Secession, the majority of

the citizens of the Southern States were in favour of Secession; the

attempt to determine which side had right on its side by an appeal to

the "sovereignty of the majority" involved in this case, as it must in

every case, a _petitio principii_, for the very question at issue was

which of two majorities ought, as regarded the matter in hand, to be

considered the majority.

It would however be doing injustice to the argument from the will of the

people to dispose of it by dwelling upon the logical inconsistencies

inevitably involved in every attempt to determine a question of

practical politics by the application to it of _à priori_ dogmatism.

Formulas such as "the sovereignty of the people" often contain much

solid truth hidden under an inaccurate and a too absolute form of

expression. The assertion that the wish of the Irish people is decisive

as to the form of constitution to be maintained in Ireland covers two

genuine and in themselves rational convictions. The first is, that a

body of human beings who feel themselves, in consequence of their

inhabiting a common country, of their sharing a common history and the

like, inspired with a feeling of common nationality, have, if not a

right, at lowest a strong claim to be governed as a separate nation.

This is the doctrine of nationality which, be it noted, though often

confused with, is at bottom different from, the dogma of the supremacy

of the majority. That the doctrine of nationality is, when reasonably

put, conformable with obvious principles of utility may be readily

admitted; but it is a doctrine which can only be accepted with

considerable qualifications. Its validity was denied both theoretically

and practically, and, in the judgment of most English democrats, not to

say of most European Liberals, denied justly and righteously by the

Northern States of America, when the Southern States claimed the benefit

of its application. The argument moreover from the principle of

nationality in reference to the present controversy proves too much. If

the Irish people are a nation, this may give them a right to

independence, but it can never in itself give them a moral claim to

dictate the particular terms of union with England. The second

conviction which underlies the argument from the will of the people is

of far more serious import than any reasoning drawn from even so

respectable a formula as the doctrine of nationality. The dogma that the

will of the people must be obeyed often expresses the rational belief

that under all polities, and especially under the system of popular

government, institutions derive their life, and laws their constraining

power, not from the will of the law-giver, or from the strength of the

army, but from their correspondence with the permanent wishes and habits

of the people. Home Rule, to put this matter in its strongest form,

means, it may be said, the application to Ireland of the very principle

on which the English constitution rests--that a people must be ruled in

accordance with their own permanent ideas of right and of justice, and

that unless this be done, law, because it commands no loyalty, ensures

no obedience. The whole history of the connection between the two

islands which make up the United Kingdom is a warning of the

wretchedness, the calamities, the wickedness and the ruin which follow

upon the attempt to violate this fundamental principle not only of

popular, but of all good and just government. Home Rule may appear to be

an innovation. It is in this point of view simply a return to the

essential ideas of English constitutionalism, it is an attempt to escape

from the false path which has been pursued for centuries, and to return

to the broad highway of government in accordance with popular sympathy.

At this point, however, the argument from the will of the people merges

in the much stronger and more serious train of reasoning derived from

the teaching of history.

[Sidenote: 3. Argument from Irish history.]

_The argument from Irish history._--Appeals to the lessons of the past

are at times in the mouths of Home Rulers, as also of their opponents, a

noxious revival of ancient passions, or (it may be) nothing better than

the use of an unreal form of rhetoric; yet a supporter of Home Rule may

use the argument from Irish history in a way which is at once legitimate

and telling.

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 of the country 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 from

the fault of the Irish people, or from the 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

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 turned England and

Scotland into a common country inspired by common patriotism, produced

conspiracy and agitation, and has 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 of 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 methods

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 either in private or in public 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 recourse

to any theory of race, and without attributing to Irishmen 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 of 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 action of the Courts are in

Ireland, even when not law-breakers, in full sympathy with law-breakers.

This fact, a Home Ruler may add, is for this purpose all the more

instructive, if it be granted that the errors of British policy do not

arise from injustice or ill-will to Irishmen. The inference, he

insists, to be drawn from the lesson of history is, that it is

impossible for the Parliament of the United Kingdom to understand or to

provide for Irish needs. The law is hated and cannot be executed in

Ireland because, as we are told on high authority, it comes before the

Irish people in a foreign garb. The law is detested, in short, not

because it is unjust, but because it is English. The reason why judges

soldiers or policemen strive in vain to cope with lawlessness is, that

they are in fact trying to enforce not so much the rule of justice as

the supremacy of England. The Austrian administration in Lombardy was

never deemed to be bad--it was very possibly better than any which the

Italian kingdom can supply; the Austrian rule was hated not because the

Austrians were bad rulers, but because they were foreigners. In Ireland,

as in Lombardy, permanent discontent is caused by the outraged sentiment

of nationality. Meet this sentiment, argues the friend of Home Rule, by

the concession to Ireland of an independent Parliament. The law which

comes from Ireland's own legislature will be obeyed because it is her

own law, and will be enforced throughout Ireland by Irish officials

supported by the sympathy of the Irish population. Let Ireland manage

her own affairs, and England will be freed from a task which she ought

never to have taken up because she cannot perform it, and you will lay

upon Ireland duties which she can perform but which she has never yet

been either allowed or compelled to take up. Irishmen for the first

time will feel the full responsibility, because for the first time they

have received the full power, of self-government. The argument, in

short, on the Home Rule view stands thus: the miseries of Ireland flow

historically from political causes, and are to be met by political

changes. At the bottom of Irish disorder lies the sentiment of Irish

nationality. The change, therefore, that is needed is such a concession

to that sentiment as is involved in giving Ireland an Irish legislature.

This is the reform by which the result of curing Irish discontent can be

achieved, and it is a reform not incompatible with the interests of

Great Britain.

This is (in my judgment) a fair statement of the historical argument

relied upon by the advocates of Home Rule, though, of course, it allows

of infinite variety as to its form of expression. It is a line of

reasoning which rests on premisses many of which (as any candid critic

must admit) contain a large amount of truth. It is logically by far the

strongest of the Home Rule arguments. It is one, moreover, in which

authorities who on other points differ from each other are in agreement.

Mr. Parnell asserts with emphasis that Ireland is a "nation," and

apparently holds that the passing of a good law by the Parliament of the

United Kingdom is less desirable than the existence of an Irish

Parliament, even should that Parliament delay good legislation. Mr.

Gladstone attributes the inefficacity of laws passed by the Imperial

Parliament to their coming before Irishmen in a "foreign garb," and an

author who is not in any way a supporter of the Liberal leader does not

apparently on this point disagree with Mr. Gladstone. "If there was a

hope that anything which we could give would make the Irish contented

and loyal subjects of the British Empire, no sacrifice would be too

great for such an object. But there is no such hope. The land tenure is

not the real grievance: it is merely the pretext. The real grievance is

our presence in Ireland at all. If there was a hope that by buying up

the soil and distributing it among the tenantry we could make them, if

not loyal, yet orderly and prosperous, even so the experiment would be

worth trying; but, again, there is no such hope. The Land Bill of 1870

gave the tenants a proprietary right in their holdings. They have

borrowed money on the security of that right at ruinous interest, and

the poorest of them are already sinking under their debts to the local

banker or tradesman. If we make them proprietors to-morrow, their farms

in a few years will be sold or mortgaged. We shall have destroyed one

set of landlords to create another who will not be more merciful."[8]

[Sidenote: Criticism]

The only way of meeting the historical argument, containing as it does

admitted truth, and supported as it is by high authorities, is to survey

the broad phenomena of Irish history, and see what are the inferences

which they warrant.[9] Whoever wishes to derive instruction from the

melancholy history of the kingdom of Ireland must, as has already been

intimated, rid himself from the delusions caused in the domain of

history by personification. He must dismiss the notion that England and

Ireland are persons to be charged with individual and continuous

responsibility for the crimes or follies of past ages. He must check the

natural but misguiding tendency of the human mind to imagine that in

national affairs when anything goes wrong you can always, or indeed

generally, lay your finger upon some definite assignable wrong-doer,

that is, upon some man or some men who can be held responsible for

political calamities or errors, as a murderer may be held guilty of

murder, or a robber of theft. A calm critic should also reflect on the

profound truth of the dictum (attributed by the way to an Irishman) that

"history is at best but an old almanack," and, while not entertaining

any great hope that antiquarian research can afford much direct guidance

as to the proper mode of arranging the future relations between England

and Ireland, remember that the most salutary function of the study of

the past is to tone down those historical animosities which derive their

bitterness from the ignorant habit of trying the actors in bygone scenes

by moral laws to which they are not justly amenable. The moral function

of an historian is to diminish the hatreds which divide nation from

nation and class from class; such as at the present moment do more to

prevent real unity between the inhabitants of the two islands making up

the United Kingdom than do unjust laws or vicious institutions. To a

student who regards with philosophic calmness a topic which has mainly

been dealt with by politicians or agitators, it easily becomes apparent

that the crimes or failures of England, no less than the vices or

miseries of England, have to a great extent flowed from causes too

general to be identified with the intentional wrong-doing either of

rulers or of subjects.

One fact thrusts itself upon the attention of any serious student

England and Ireland have from the commencement of their ill-starred

connection been countries standing on different levels or at different

stages of civilization; they have moreover been countries impelled by

the force of circumstances towards a different development. Englishmen

forget, or (more strictly speaking) have never understood, how

exceptional has been the path pursued by English civilization; they do

not realise to themselves that the gradual transformation of an

aristocratic and feudal society into a modern industrial State which

still retains the forms, and in many points of view the spirit of

feudalism is a process which, although owing to the most special

circumstances it has been accomplished with success in England, has

hardly a parallel in any other European country. Ireland on the other

hand has, despite the deviations from her natural course caused by her

connection with a powerful nation, tended to follow the lines of

progress pursued by continental countries, and notably by France. A

foreign critic like De Beaumont finds it far easier than could any

Englishman to enter into the condition of Ireland, and this not only

because he is as a foreigner delivered from the animosities or

partialities which must in one way or another warp every English

judgment, but mainly because the phenomena which puzzle an Englishman,

as for example the passion of Irish peasants for the possession of

land,[10] are from his own experience familiar and appear natural to a

Frenchman. What to the mind of a foreign observer needs explanation is

the social condition of England rather than of Ireland. He at any rate

can see at a glance that the relation between the two countries has

planted and maintained in Ireland an aristocracy, aristocratic

institutions, and above all an aristocratic land law, foreign to the

traditions and opposed to the interests of the mass of the people. Let

an observer for a moment take up the point of view natural to a

continental critic, and admit, in the language of De Beaumont, that the

primary radical and permanent cause of Irish misery has been the

maintenance in Ireland by England of a "bad aristocracy,"[10] or, to put

the same thing more generally, and it may be more fairly that the vice

of the connection between the two countries has consisted in its being a

relation of peoples standing at different stages of civilization and

tending towards different courses of development. Here you find the

original source of a thousand ills, and hence especially have originated

four potent causes of the condition of things which now tries the

patience and overtaxes the resources of English statesmanship.

First,--The English constitution has both from its form and from its

spirit caused in past times, and even at the present day causes as much

evil to Ireland as it has conferred, or does confer, benefit upon

England.[11]

The assailants of popular government point to the misrule of Ireland as

a proof that the Parliamentary system is radically vicious. They do not

prove their point, because the calamities of Ireland afford no evidence

whatever that England, which has been more prosperous for a greater

length of time than any other nation in Europe, has essentially suffered

from the power of the English Parliament. What these critics do prove is

that a representative assembly is a bad form of government for any

nation or class whom it does not represent, and they establish to

demonstration that a parliamentary despotism may well be a worse

government for a dependency than a royal despotism. This is so for two

reasons. The rule of Parliament has meant in England government by

parties; and whatever be the merits of party spirit in a free,

self-governed country, its calamitous defects, when applied to the

administration of a dependency, are patent. Down to 1782 Ireland was

avowedly subject to the despotism or sovereignty of the British

Parliament, and at every turn the interest of the country was sacrificed

to the exigencies of English politics Between 1782 to 1800 the nominal

independence of Ireland placed a check on the power of the English

Parliament, yet in substance the English executive, controlled as it was

by the Parliament at Westminster, remained the ultimate sovereign of the

kingdom of Ireland. If Pitt could have carried the King and the English

Parliament with him, he would, in spite of any opposition at Dublin by

the adherents of Ascendancy, have emancipated the Catholics, just as,

when backed by the King and the English Parliament, he did, in the face

of strenuous opposition in Ireland, pass the Act of Union. And even at

the present day the most plausible charge which can be brought against

the working of the Act of Union is that Ireland under it fails to obtain

the full benefit of the British constitution, and that in spite of her

hundred representatives she is not for practical purposes represented at

Westminster in the same sense as is Middlesex or Midlothian. A

Parliament again is less capable than a King of compensating for the

evils of tyranny by the benefit of good administration, and here we come

across a matter hardly to be understood by any one who has not with some

care compared the action and the spirit of English and of continental

administrative systems. It is hardly an exaggeration to assert that even

now we have in the United Kingdom nothing like what foreigners mean by

an administration. We know nothing of that official hierarchy which on

the Continent represents the authority of the State.[12] Englishmen are

accustomed to consider that institutions under which the business of the

country is carried on by unconnected local bodies, such as the

magistrates in quarter session, or the corporations of boroughs,

controlled in the last resort only by the law courts, ought to be the

subject of unqualified admiration. Foreign observers might, even as

regards England itself, have something to set off against the merits of

a system which is, if the apparent contradiction of terms may be

excused, no system at all, and might point out that in continental

countries the administration may often be the intelligent guide and

protector of the weak and needy. The system complimented by the name of

self-government, even if as beneficial for England as Englishmen are

inclined without absolute proof to believe, is absolutely unsuitable for

a country harassed by religious and social feuds, where the owners of

land are not and cannot be the trusted guides of the people. An

impartial official is a better ruler than a hostile or distrusted

landowner, and any one who bears in mind the benefits conferred by the

humanity and justice of Turgot on a single province of France may,

without being any friend of despotism, hold that in the last century

Ireland suffered greatly from a scheme of government which did not allow

of administration such as Turgot's. In some respects the virtues of

Englishmen have been singularly unfavourable to their success in

conciliating the goodwill of Ireland. It will always remain a paradox

that the nation which has built up the British Empire (with vast help,

it may be added, from Ireland) has combined extraordinary talent for

legislation with a singular incapacity for consolidating subject races

or nations into one State. The explanation of the paradox lies in the

aristocratic sentiment which has moulded the institutions of England. An

aristocracy respects the rights of individuals, but an aristocracy

identifies right with privilege, and is based on the belief in the

inequality of men and of classes. Privilege is the keynote of English

constitutionalism; the respect for privileges has preserved English

freedom, but it has made England slower than any other civilized country

to adopt ideas of equality. This love of privilege has vitiated the

English administration in Ireland in more ways than one. The whole

administration of the country rested avowedly down to 1829, and

unavowedly to a later period, on the inequality of Catholics and

Protestants, and Protestant supremacy itself meant (except during the

short rule of Cromwell)[13] not Protestant equality, but Anglican

privilege. The spirit which divided Ireland into hostile factions

prevented Englishmen who dwelt in England from treating as equals

Englishmen who settled in Ulster. When the Volunteers claimed Irish

independence, and the American colonists renounced connection with the

mother country, similar effects were produced by the same cause. In each

case English colonists revolted against England's sovereignty, because

it meant the privilege of Englishmen who dwelt in Great Britain to

curtail the rights and hamper the trade of Englishmen who dwelt abroad.

For the iniquitous restrictions on the trade of Ireland, which are

morally by far the most blameworthy of the wrongs inflicted by England

upon Irishmen, were not precisely the acts of deliberate selfishness

which they seem to modern critics. The grievance under which Ireland

suffered was in character the same as the grievances in respect of trade

inflicted on the American colonies. Yet but for the insane attempt to

subject the colonists to direct taxation by the English Parliament the

War of Independence might have been long deferred. Even the sufferers

from a vicious commercial policy did not see its essential iniquity, and

it is hardly a subject for wonder that a generation of Englishmen who

supposed themselves to gain greatly by controlling or extinguishing the

colonial or the Irish trade should not have recognised the full iniquity

of a policy which in itself hardly seemed intolerable to many of those

colonists who endured the wrong. Still less can we be surprised that

Englishmen a century ago, amid a world where the idea of human equality

was not as yet recognised, should have failed to perceive what many

Englishmen it may be suspected will hardly admit at present, that to

most men equality, i.e. the treatment of all subjects by their

government on similar principles, seems a form of justice, and that the

multitude will tolerate restrictions on their freedom far more easily

than offences against their sense of equality. No one will care to deny

that French Governments have at all periods been far more despotic than

the Government of England; but few persons who have given the matter a

thought can deny that France has shown a power quite unknown to

Englishmen of attaching to herself by affection countries which she has

annexed by force. Strasburg was stolen from Germany, yet Strasburg soon

became French in heart. Belgium and the Rhine Provinces would gladly

have remained parts of the Napoleonic Empire. Savoy annexed in 1859

showed no disposition to separate from France in 1870. The explanation

of these facts is not far to seek. When France annexes a country she may

govern it well or ill, but she governs it on the same principles as the

rest of the French dominions. Englishmen found it for centuries

impossible to govern Englishmen in Ireland or Englishmen in

Massachusetts exactly as if they were Englishmen in Middlesex. It is not

uninstructive that every French Assembly since the Revolution has

included Deputies from the colonies; no colony has ever sent a member to

the Parliament at Westminster.

Secondly,--The English connection has inevitably, and therefore without

blame to anyone, brought upon Ireland the evils involved in the

artificial suppression of revolution.

The crises called revolutions are the ultimate and desperate cures for

the fundamental disorganisation of society. The issue of a revolutionary

struggle shows what is the true sovereign power in the revolutionised

state. So strong is the interest of mankind, at least in any European

country, in favour of some sort of settled rule, that civil disturbance

will, if left to itself, in general end in the supremacy of some power

which by securing the safety, at last gains the attachment, of the

people. The Reign of Terror begets the Empire; even wars of religion at

last produce peace, albeit peace may be nothing better than the iron

uniformity of despotism. Could Ireland have been left for any lengthened

period to herself, some form of rule adapted to the needs of the country

would in all probability have been established. Whether Protestants or

Catholics would have been the predominant element in the State; whether

the landlords would have held their own, or whether the English system

of tenure would long ago have made way for one more in conformity with

native traditions; whether hostile classes and races would at last have

established some _modus vivendi_ favourable to individual freedom, or

whether despotism under some of its various forms would have been

sanctioned by the acquiescence of its subjects, are matters of uncertain

speculation. A conclusion which, though speculative, is far less

uncertain is, that Ireland if left absolutely to herself would have

arrived like every other country at some lasting settlement of her

difficulties. To the establishment of such a reign of order the British

connection has been fatal; revolution has been suppressed at the price

of permanent disorganisation, the descendants of colonists and natives

have not coalesced into a nation, and a country which has never known

independence has never borne the burdens or learnt the lessons of

national responsibility. Disastrous as this result has been, it is

impossible to say who it was that at any given point was to blame for

it. Had France been attached to and dependent upon a powerful neighbour,

this sovereign state must have checked the cruelties and the injustice

of the Reign of Terror. But the forcible extinction of Jacobinism by an

external power would, we can hardly doubt, have arrested the progress

and been fatal to the prosperity of France. Ireland, in short, which

under English rule has lacked good administration, has by the same rule

been inevitably prevented from attempting the cure of deeply rooted

evils by the violent though occasionally successful remedy of

revolution.

Thirdly,--From the original flaw in the connection between the two

countries has resulted, almost as it were of necessity, the religious

oppression, which, recorded as it has been in the penal laws, has become

the opprobrium of English rule in Ireland.

England's Case Against Home Rule · 第 4 / 10 章