The monstrosity of imposing Anglican Protestantism upon a people who had

not reached the stage of development which is essential for even the

understanding of Protestant dogma, and who if left to themselves would

have adhered to Catholicism, conceals from us the strength of the pleas

to be urged in excuse of a policy which to critics of the nineteenth

century seems at least as absurd as it was iniquitous. Till towards the

close of the seventeenth century all the best and wisest men of the

most civilised nations in Europe, believed that the religion of a

country was the concern of the Government, and that a king who neglected

to enforce the "truth"--that is, his own theological beliefs--failed in

his obligations to his subjects and incurred the displeasure of Heaven.

From this point of view the policy of the Tudors must appear to us as

natural as to themselves it appeared wise and praiseworthy. That the

people of England should have been ripe for Protestantism at a time when

the people of Ireland had hardly risen to the level of Roman Catholicism

was to each country a grievous misfortune. That English Protestants of

the sixteenth and seventeenth centuries should in common with the whole

Christian world have believed that the toleration of religious error was

a sin, and should have acted on the belief, was a cause of immense

calamities. But inevitable ignorance is not the same thing as

wickedness.[14]

Fourthly,--To the same source as religious persecution are due the whole

crop of difficulties connected with the tenure of land.

When James I. determined that the old Brehon law was to be abolished,

and an appeal to the law of England to be brought within the reach of

every Irishman, he and his ministers meant to introduce a beneficial

reform. They hoped that out of the old tribal customs a regular system

of landowning according to the English tenure would be developed. In

forcing on this change, English statesmen felt convinced not only that

they were reformers, but that they were promoters of justice. To a

generation trained under the teaching of lawyers like Coke, and

accustomed to regard the tenure which prevailed in England as good in

itself, it must have appeared that to pass from the irregular dominion

of uncertain customs to the rule of clear, definite law, was little less

than a transition from anarchy and injustice to a condition of order and

equity. They acted in precisely the spirit of their descendants, who are

absolutely assured that the extension of English maxims of government

throughout India must be a blessing to the population of the country,

and shape their Egyptian policy upon their unwavering faith in the

benefits which European control must of necessity confer on Egyptian

fellahs. If, however, it is probable that King James meant well to his

Irish subjects, it is absolutely certain that his policy worked gross

wrong. His scheme only provided for the more powerful members of the

tribes, and took no account of the inferior members, each of whom in

their degree had an undeniable if somewhat indefinite interest in the

tribal land. Sir John Davis, who carried out the plan, seems to have

thought that he had gone quite far enough in erecting the sub-chiefs

into freeholders. It never occurred to him that the humblest member of

the tribe should, if strict justice were done, have received his

allotment out of the common territory; and the result of his settlement

accordingly was that the tribal land was cut up into a number of large

freehold estates which were given to the most important personages among

the native Irish, and the bulk of the people were reduced to the

condition of tenants at will.[15] An intended reform produced injustice,

litigation, misery, and discontent. The case is noticeable, for it is a

type of a thousand subsequent English attempts to reform and improve

Ireland. The rulers of the country were influenced by ideas different

from those of their subjects. Ignorance and want of sympathy produced

all the evils of cruelty and malignity.

Bad administration, religious persecution, above all a thoroughly

vicious system of land tenure, accompanied by such sweeping

confiscations as to make it at any rate a plausible assertion that all

the land in Ireland has during the course of Irish history been

confiscated at least thrice over,[16] 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 the 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

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 or witnesses meet with the execration,

and often with the fate, of criminals. On such a point it is best to

take the judgment 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 arrivés à ce point, croyez bien que dans cette voie

de rigueurs tous vos efforts pour rétablir 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 ordinaires, proclamerez des comtés entiers

en état de suspicion légale, violerez 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 captiales._"[17]

No advocate of Home Rule can find a clearer statement of the condition

of things with which on his view the Imperial Parliament is morally

incompetent to deal than in these words of De Beaumont's; but before we

hastily draw any inference from an undoubted fact, let us examine into

the exact nature of the fact. The opposition of Irish opinion to the law

of the land is undoubted, but the opposition is not now, and if we

appeal (as under the present argument we are appealing) to the teaching

of history never has been general opposition to law, or even general

opposition to English law. The statistics of ordinary crime are (it is

said) no higher in Ireland than in other parts of the United Kingdom. A

pickpocket or a burglar is as easily convicted in Ireland as elsewhere;

the persons who lamentably enough are either left unpunished, or if

punished may count on popular sympathy, are criminals whose offences,

atrocious and cruel as they constantly are, are connected in popular

opinion with political, and at bottom, it must be added, with agrarian

questions. For more than a century there has existed an hereditary

conspiracy against the rights of the landowners. The White Boys of 1760,

the Steel Boys of 1772, the Right Boys of 1785, the Rockites of a few

years later, the Thrashers of 1806, the White Boys who re-appear in

1811, 1815, 1820, the Terralts of 1831, the White Feet of 1833, the

Black Feet of 1837;[18] later Ribbon men under different names, the

Boycotters or the assassins who have added a terrible sanction to the

commands of the Land League or of the National League, have each and

all been, in most cases avowedly and in every case in fact, the

vindicators or asserters of the just or unjust popular aversion to the

rights of landlords given by the law and enforced by the courts of the

land. It would be folly to assert that all popular opposition to the law

in Ireland had been connected with agrarian questions. But if we look

either to the experience of past generations, or to the transactions

passing before our eyes, we can hardly be mistaken in holding that the

main causes of disaffection have been either questions connected with

religion, or rather with the position of Roman Catholics, or disputes

connected with the possession of land.

The feeling of nationality has played a very subordinate part in

fomenting or keeping alive Irish discontent. The Repeal agitation, in

spite of O'Connell's legitimate influence, collapsed. No one can read

Sir Gavan Duffy's most interesting account of the Young Ireland movement

without perceiving that just because it was strictly a nationalist

movement it took very little hold upon the people. The Home Rule

movement never showed great strength till it became avowedly a Land

League, of which the ultimate result should be, by whatever means, to

make the tenants of Ireland owners of their land. To this add that in

the judgment of foreign critics, and of thinkers like Mill, the popular

protest against the maintenance in Ireland of a tenure combining the

evils both of large estates and of minute subdivision of farms is

founded upon justice. De Beaumont at any rate teaches that to transform

Irish tenants into peasant proprietors would be the salvation of the

country:--

_"Plus on considère l'Irlande, ses besoins et ses difficultés de toutes

sortes, et plus on est porté à penser que ce changement dans l'état de

sa population agricole serait le vrai remède à ses maux....

"J'aurais mille autres raisons pour appuyer cette opinion; je m'arrête

cependant. Un lecteur anglais trouvera mes arguments incomplets. Tout

autre qu'un Anglais les jugera peut-être surabondants."_[19]

This opinion may be well-founded or ill-founded; but no wise statesman

will reject it without the maturest consideration.

History, then, if fairly interrogated, gives this result: Historical

causes have generated in Ireland a condition of opinion which in all

matters regarding the land impedes that enforcement of law which is the

primary duty of every civilized government.

From this fact Home Rulers draw the inference that the law is hated

because it is foreign, and that England should surrender to Irishmen the

effort to enforce legal rights, since this duty is one which can be

performed by a native and cannot be performed by any English or foreign

authority.

This conclusion is clearly not supported by the premises. If the source

of popular discontent be agrarian, then the right course is to amend the

land laws while improving the administrative system, and enforcing

justice between man and man.

A Home Ruler may, however, if hard driven, say that my interpretation of

history is erroneous, and that a hatred to English law, and to all

things English, and not a special dislike to the land law, is the

sentiment which prevails over every other feeling of the Irish people.

It is difficult to me to see how this view can be seriously maintained.

Let us grant however for a moment that Home Rulers are right, and that

millions of Irishmen are inspired with the passion of nationality. Even

on this supposition the Home Rule doctrine stands in a bad way. If the

demand of the Irish people be like that of the Italian people--a demand

for recognised nationality--then the demand must be satisfied, if at

all, not by Home Rule, but by independence. The most eminent among

English Home Rulers believes that the law is hated in Ireland because it

comes before the Irish people in a foreign garb. Mr. Froude in substance

agrees in this matter with Mr. Gladstone, since he holds that "the real

grievance is our presence in Ireland at all." But the eminent statesman

and the distinguished historian draw a different inference from the same

premises. Mr. Gladstone infers that Ireland can be satisfied by

semi-independence. Mr. Froude infers that if we are to meet Irish wishes

we must let Ireland be free. Mr. Froude's logic will be to most persons

far more intelligible than the logic of the Liberal leader. Here, at

any rate, we come to the true issue suggested by the phenomena of Irish

history. Is Irish discontent due in the main to agrarian or to political

causes? On the answer to this enquiry depends, as far as the argument we

have in hand goes, the line of right policy in Ireland. But neither

answer favours the contention of Home Rulers.[20]

The argument from Irish history gives rise to, or, more properly

speaking, contains in itself two further distinct lines of reasoning in

favour of Home Rule, each of which supplements the other. The first of

these aims at showing that to leave Ireland to herself is the only

method by which to restore order throughout the country. This I have

termed "the argument from the good effects of self-government," the

other deduces from the necessity for Coercion Acts the conclusion that

England cannot maintain order in Ireland: this I have termed "the

argument from the necessity for Coercion Acts." These two lines of

reasoning are simply an amplification of points suggested by the Home

Rule argument from Irish history, and are of necessity therefore open

to the same criticisms to which that argument is obnoxious. They have,

however, each a certain value of their own, and have made an impression

on the English public: they can each also be met by more or less special

replies. The argument, therefore, from the good effects of

self-government and the argument from the necessity for Coercion Acts

each deserve separate statement and consideration.

[Sidenote: 4. Argument from self-government.]

_The argument from the virtues of self-government._--Self-dependence is

the source of self-reliance and of self-help. Leave Ireland to herself,

and Ireland will (it is argued) develop the sense of responsibility and

the power of self-government. Mr. Parnell or Mr. Davitt as Irish Prime

Minister will be able to perform with ease feats beyond the reach of any

English Cabinets. He will dare to be strong because he knows he is

popular: he will punish conspirators with a severity unknown to modern

English governments; he will feel that anarchy is the bane of his

country, and he will not tolerate disorder. Boycotters, Moonlighters,

Dynamiters or Assassins will find that they are called upon to meet a

force of which they have had before no experience. They will discover

that they are engaged in a contest with the will of the people, and

deprived, as they will be, of the moral sympathy which has hitherto

given them comfort and encouragement, will yield obedience to a law

which is the expression of the national will. Self-government in

Ireland means strong government, and strong government is the one cure

for Irish misery.

This train of reflection has, unless I am mistaken, convinced many

English Radicals that the installation of an Irish Ministry at Dublin

will be the dissolution of every secret society throughout Ireland, and

thus gained over to the cause of Home Rule men who detest anarchy even

more than they love liberty.

This belief in the virtues of self-government is confirmed by the

teaching of American critics, who hold that the recent experience of the

United States presents a clue by which Englishmen may find a path out of

the labyrinth of their present perplexities. Transactions known to every

citizen of the States show conclusively that the hatred of law which in

Ireland fills Englishmen with amazement has arisen among a people who,

whatever their faults, cannot be charged with those inherited vices

which English opinion freely and gratuitously imputes to Irish nature.

In Connecticut, in New York, in Georgia, throughout all the Southern

States, open or secret combinations, supported by public opinion and

enforcing its decrees by violence and murder, have with success defied

the law courts. Social conditions, and not the perversities of Irish

character, are seen to be the true cause of phenomena which, if they are

now a feature of Irish life, have appeared in countries where not an

Irishman was to be found, and where the Irish had no appreciable

influence. To this fact, which appears to me not to admit of question,

Americans add the consideration that lawlessness when supported by

public opinion has in America been successfully met, not by coercion,

but by yielding to public sentiment. Hence they draw the conclusion that

the proper mode of terminating the conflict between law and widespread

sentiment is to yield to opinion, and, by conceding something of the

nature of Home Rule, to turn law-breakers into law-makers. The

application of this dogma to Ireland is obvious: the crucial instance by

which its truth is supposed to be established is the treatment of the

conquered South by the victorious North. From the termination of the War

of Secession up to 1876 the fixed policy of the Northern Republicans was

to maintain order in the South by the use of Federal troops. This policy

began and ended in failure: in 1876 the troops were withdrawn; the

endeavour to enforce law by means of the Federal armies was given up--as

if by magic chaos gave place to order. Local self-government has given

peace to the United States, why should it not restore concord to the

United Kingdom?[21]

[Sidenote: Criticism.]

It has been freely admitted in the foregoing pages[22] that the

historical connection between England and Ireland has brought upon the

weaker country the evils involved in the suppression of internal

revolution by external force. This admission contains the main ground

for the argument in favour of Home Rule drawn from the good effects of

self-government, but is not in reality a sound foundation on which to

place the suggested conclusion.

For the argument under consideration, even after the concession that

Ireland has suffered from not having been left to herself, is vitiated

by more than one flaw.

Home Rule, as it is again and again necessary to point out, is not

national independence, nor anything like independence. Home Rule gives

Ireland at most semi-independence--that is to say, it leaves Ireland at

least half dependent upon England. It is vain to argue that the position

of the member of a confederacy or of a colonial dependency will give to

Irishmen the sense of independence and responsibility which belongs to a

self-governing nation.

Grant, however (though the assumption is a hazardous one), that the

creation of an Irish government and an Irish Parliament would of itself

give to Ireland, even though she were still in many respects dependent

on England, such a new sense of power and of responsibility as would

enable her to create for herself a strong executive. This concession is

not enough to make out the argument in favour of Home Rule. Laws ought

to be not only strong but just, and Englishmen must consider whether

rulers who had come to the head of affairs solely because they

represented the strongest among many Irish factions or parties would he

able to rule with justice. The "Jacobin Conquest" installed a strong

executive in power, but England could not be an accomplice in

inaugurating a reign of terror. The connection which under any form of

Home Rule would bind together the parts of the present United Kingdom

would be, it may be suggested, a guarantee against the supremacy of an

Irish Robespierre or Danton. Granted: but if so, Home Rule would

restrain an Irish revolution. The strongest, in other words the most

reckless leaders, would be prevented from coming to the front. Ireland

would not follow her own course, and since she would not be in truth

self-governed, she would not reap the good fruits of self-government.

Nor in truth does the American version of our argument give much help to

Home Rulers.

In more than one instance popular sentiment has in the United States

defied the law of the land. Nothing can be a better example of such

defiance than the anti-rent war which raged in New York between 1839 and

1846.[23] The struggle exhibited all the recklessness of a no-rent

agitation in Ireland with none of the excuses which can be urged in

palliation of outrage by half-starving tenants; it produced a "reign of

terror which for ten years practically suspended the operations of law

and the payment of rent throughout the district" which was the field of

the anti-rent movement; it ended in a nominal compromise which was a

real victory for the anti-renters. In this instance, be it remarked, no

sentiment of nationality or State right came into play. The law was

hated, not because it was "foreign," but because it enforced the

obligation of an unpopular contract. Landlords, it is now all but

admitted, are not entitled to the full rights of citizens. The triumph

therefore of the anti-renters at New York may command a certain amount

of sympathy. The popular sentiment which in 1833 induced the people of

Connecticut to boycott Miss Prudence Crandall cannot be brought under

the sanction of any "higher law." Her crime was that she chose, obeying

the dictates of her conscience, to open a school for negro girls in

Connecticut. She was subjected to every annoyance and insult which the

most reckless boycotter could invent. Legislation itself was turned

against her, and the State failed utterly in the duty of protecting one

of the most meritorious, and now, one is happy to think, one of the most

honoured among the women of America. The Lyman Riots at Boston, as

indeed every stage in the noble struggle of the American Abolitionists

against popular injustice, tell the same tale, namely, that law in the

United States has once and again failed to assert its due supremacy over

injustice backed by public approval. This melancholy failure may

possibly support the proposition that England cannot enforce the law in

Ireland. It far more conclusively shows that even in countries deeply

imbued with the spirit of legality self-government has no necessary

tendency to produce just government or just legislation.

Let us, however, examine with care the lessons to be drawn from the

treatment of the Southern States of America by the North.

The natural and most obvious moral of modern American history is that

the majority of a nation have both the right and power to coerce a

minority who claim to break up the unity of the State. The most

distinguished English Liberals, such as Bright and Mill, held, and as I

conceive on sound grounds of reason and justice, that the Southern

States were neither legally nor morally justified in their claim to

secede from the Union; but no fair-minded man can deny that a plausible

constitutional case could be made out in favour of Secession, nor that

the citizens of the Southern confederacy demonstrated their wish and

determination to secede by far more cogent evidence than the return of

eighty-six Secessionists to Congress. The primâ facie arguments which

may be alleged in favour of Secession were tenfold stronger--unfounded

as I hold them to have been--than the primâ facie arguments in favour of

Ireland's right to Home Rule. Moreover, in studying the history of the

United States, an Englishman is at the present moment more concerned

with the results than with the justification of the suppression of the

Southern rebellion. The policy of the North attained its object: the

Union was restored, and its existence is now placed beyond the reach of

peril. The abolition of slavery took away the source of disagreement

between the Northern and Southern States, and the tremendous exhibition

of the power of the Republic has finally, it is supposed, destroyed the

very idea of Secession. There is certainly nothing in all this which

discourages the attempt to maintain the political unity of Great Britain

and Ireland. We are told, however, to forget the force employed to

suppress Secession, and to recollect only the policy of the Republicans

after the close of the Civil War. That policy was a failure as long as

it involved the denial to the Southern States of their State autonomy,

and became a success from the moment when it recognised to the full the

sacredness of State rights. This, or some statement like this,

represents the mode in which the annals of the Union must be read if

they are to be interpreted in favour of Home Rule. The reading is a

strained interpretation of events which are known to every one. The

North, once and for all, settled that the matters which lay at the

bottom of the Civil War should be settled in the manner which conform to

Northern notions of justice and of expediency. The abolition of slavery,

and the final disposal of the alleged right to Secession, gave to the

North, all the requisite securities against attacks on the unity of the

Republic. The Republicans, influenced in part by considerations of

party, but partly (it must in fairness be admitted) by the feeling that

it was a duty to secure for Negro citizens the full enjoyment of the

civil and political rights given them, under the constitutional

amendments supported for years the so-called Carpet Bag Governments,

that is to say, the rule of Northern adventurers who were kept in office

throughout the South by the Negro vote. The Federal Government, in

short, up to 1876 gave by its arms authority in the South to the

unscrupulosity of Northern scoundrelism supported by the votes of Negro

ignorance. Such a policy naturally produced bitter irritation among the

Southern Whites. Its reversal as naturally restored to the Whites at

once power and contentment. Whether this reversal was as satisfactory to

the Blacks is less clear. In any case it is hard to see how the

restoration of the Southern States to their natural place in the Union

tells in favour of giving Ireland a position quite inconsistent with the

existing constitution of the United Kingdom. The case stands thus:

Northern Republicans insisted that every State in the South should

submit to the supremacy of the United States on every point which

directly or indirectly concerned the national and political unity of the

American people. Having secured this submission the Republican party

restored to the Southern States the reality as well as the name of State

rights; and allowed the same and no more than the same independence to

South Carolina as is allowed to New York. No doubt something was

sacrificed; this "something" was a matter which did not greatly concern

the citizens of the North. It was the attempt to secure to the Black

citizens of the South the political rights given them by the

constitution. The sacrifice may have been necessary; many of the wisest

Americans hold that it was so. But we may suspect that even amongst

those who, as a matter of policy, approve the course pursued by the

Federal Government in the South since 1876, qualms are occasionally felt

as to some of its results. The able writer who sets American Home Rule

before Englishmen as an example for imitation says with the candour

which marks his writings: "I do not propose to defend or explain the way

in which" the Native Whites "have since then" (1876) kept the Government

"in their hands by suppressing or controlling the Negro vote. This is

not necessary to my purpose."[24] It is however necessary for the

purpose of weighing the effect of American experience to bear this

"suppression" constantly in mind; it has deprived the Negroes of

political rights which possibly they had better never have received, and

has falsified the result of Presidential elections. When we are told

that the South votes solid for a Democratic President, we must remember

that in the Southern States the Negro vote is "controlled"; and that in

reckoning the number of votes to which a State is entitled in virtue of

its population, the Negro voters of the South are counted for as much as

the uncontrolled White voters of the North. Whether this state of things

will always be contentedly borne by the Northern States is a matter on

which a foreigner can form no opinion. It is a condition of affairs

which does not conduce to respect for law, and the satisfaction with

which thoughtful Americans regard a policy founded on the tolerance of

illegality confirms the belief suggested by other circumstances, that

deference to opinion tends in the United States to undermine respect for

law; it certainly does not tend to show that self-government has much

connection with justice.

The argument, in short, from the good effects of self-government

appears, when examined, either to be an argument which tells far more

strongly in favour of Separation than of Home Rule, or else to be an

argument which shows only that England might gain some immediate

advantage from shutting her eyes to injustice committed by an Irish

government.

[Sidenote: 5. Argument from Coercion Acts.]

_The argument from the necessity for Coercion Acts_.--Coercion Acts are

(according to popular apprehension) enactments suspending the operation

of the ordinary law, and conflicting therefore with the principles of

the English Constitution. Order has been maintained in Ireland since the

Union (we are told) mainly by means of Coercion Acts. The English

democracy, it is argued, cannot acquiesce any longer in these violations

of the Constitution; but since order must somehow be maintained in

Ireland, and Coercion Acts must no longer be passed, the English

democracy must surrender the duty of maintaining the law into the hands

of the Irish people, who, as is assumed by Home Rulers, can exact

obedience to the law of Ireland without the use of exceptional

legislation.

[Sidenote: Criticism.]

A lawyer irritated by the folly of popular declamation is tempted to

dismiss all objections to Coercion Acts, together with all arguments

founded upon such objections, with one peremptory remark--namely, that

since a law is merely a rule which men are compelled to obey by the

power of the State, and Coercion is but another name for compulsory

obedience to the law, to object to Coercion is in reality to object to

law itself, or in effect to the existence of political society. The

temptation to cut down a popular delusion by some such summary criticism

as this is great, but it is a temptation which at all costs must be

resisted. Vague ideas, which have obtained general currency, are, in

spite of their inaccuracy, the outgrowth for the most part of reasonable

feeling. Whoever wishes to meet, and, if need be, dispel the antipathy

to Coercion Acts, must try to understand what is the meaning which

sensible men attach to the word "Coercion," what is the conviction

represented by the dislike to Coercion Acts, how this dislike may be

lessened, and, for the purpose with which these pages are written, how

far the disapproval of Coercion Acts provides a reason in favour of Home

Rule.

Of all the terms which at the present moment confuse public judgment,

none is more vague and misleading than the word "Coercion" when applied

to every stringent attempt to enforce in Ireland obedience to the law of

the land.

Coercion means and includes two different though closely connected ideas

which the laxity of popular thought fails to distinguish.

_First_.--Coercion means any attempt to enforce a law among people whose

moral sympathies are at variance with the law itself. In this sense

Coercion is opposed to that enforcement of ordinary law with which we

are all familiar. Thus, to punish a Ritualist for not conforming to the

judgment of the Privy Council, to enforce vaccination at Leicester, to

compel a Quaker to pay tithes, to eject an Irish tenant from the farm he

has occupied, to drag him into Court and seize his goods if he does not

pay his rent, to punish severely resistance to the Sheriff's officer, or

to the bailiff who gives effect to the rights of an Irish landlord, are

in popular estimation proceedings which according to the nature of the

law put in force are stigmatised as persecution or Coercion. They

certainly differ from the compulsion by which common debtors are

compelled to pay their debts, or thieves are prevented from picking

pockets or breaking into houses. The difference lies in this. Where the

enforcement of the law is called "Coercion," not only does the criminal

think himself in the right, or at any rate think the law a wrongful

law, but also the society to which he belongs holds that the law-breaker

is maintaining a moral right against an immoral law. The anti-vaccinator

is deemed a martyr at Leicester, the farmer who will not pay his rent is

thought a patriot at Cork. Where the enforcement of the law is not

popularly deemed coercion the law-breaker does not suppose himself to be

in the right, and still less do his associates think him morally

praiseworthy. A thief does not in general hold any theory about the

rightness of larceny, and there is no society in the United Kingdom at

least who deny the moral validity of the Eighth Commandment.

_Secondly_.--Coercion means the enforcement of law by arbitrary and

exceptional methods which tend to diminish the securities for freedom

possessed by ordinary citizens. Thus the suspension of the Habeas Corpus

Act, the abolition of trial by jury, the introduction of peculiar rules

of evidence to facilitate convictions for a particular class of crimes,

a suspension (speaking generally) of what would be called in foreign

countries "constitutional guarantees," in order to secure obedience to

particular laws, would be called coercion.

An enactment, then, which in ordinary language is called a Coercion Act,

has one or both of the two following characteristics.[25] It is an Act

which either enforces some rule of law (e.g., the law that tenants must

pay their rent, or that trades unionists must not molest artisans who

accept lower wages than the scale prescribed by the union), which does

not command the moral assent of the society or people among whom it is

enforced, or else constrains obedience to law by some exceptional and

arbitrary mode of procedure. Now the general prejudice against an Act

which has either or both of these characteristics is within certain

limits justifiable on grounds of good sense. Laws derive three-fourths

of their force not from the fears of law-breakers, but from the assent

of law-keepers; and legislation should, as a rule, correspond with the

moral sentiment of the people. The maxim _quid leges sine moribus_,

though it should always be balanced by the equally important maxim _quid

mores sine legibus_, is one which no legislator dares neglect with

impunity, and a law permanently at variance with wide moral feeling

needs repeal or modification. It is also true that exceptional and

arbitrary legislation is, simply because it is exceptional and

arbitrary, open to suspicion. If it be desirable that personal liberty

should be protected by the writ of Habeas Corpus, a suspension of the

Habeas Corpus Act is on the face of it an evil. If it is not desirable

that officers of the army should suddenly and without legal training

exercise the power of judges, the establishment of martial law is in

itself a great, though it may be a necessary calamity. Legislation,

which has received the odious name of coercion, has frequently (though

not always) exhibited one or both of the characteristics which render it

fairly obnoxious to that designation. The objection, therefore, to

Coercion Acts is on the face of it not unreasonable. What are the

inferences which the objection supports is, of course, quite a different

matter, and shall be considered in its due place.

It is most important, however, to note that the valid opposition to

so-called Coercion Acts may and ought to be greatly mitigated by careful

adherence to two maxims which are obvious, but are often neglected.

A Coercion Act in the first place, should be aimed, not at the direct

enforcement of rules opposed to popular opinion, but at the punishment

of offences which, though they may be indirectly connected with dislike

of an unpopular law or with opposition to rights (for instance, of

landowners) not sanctioned by popular opinion, are deeds in themselves

condemned by the human conscience. Deliberate breaches of contract,

insults to women and children, the murder or torture of witnesses who

have given truthful evidence in support of a conviction for crime,

brutal cruelty to cattle, may be methods of popular vengeance, or the

sanctions which enforce an agrarian code; but one may feel certain that

the man who breaks his word, who tortures or murders his neighbour or

who huffs cattle, knows himself to be not only a criminal, but a sinner,

and that the law, which condemns him to punishment, though it may excite

temporary outcry, can rely on the ultimate sanction of the popular

conscience.

A Coercion Act, in the second place, should as far as possible be

neither a temporary nor an exceptional piece of legislation.

An Act which increases the efficiency of the criminal law should, like

other statutes, be a permanent enactment. The temporary character of

Coercion Acts has needlessly increased their severity, for members of

Parliament have justified to themselves carelessness in fixing the

limits of powers conferred upon the executive under the insufficient

plea that these powers were intended to last but for a short time. It

has also deprived them of moral weight. An Act which is a law in 1881,

but will cease to be a law in 1882, has neither the impressiveness nor

the certainty which gives dignity to the ordinary law of the land.

Coercion Acts, again, should be general--that is, should apply, not to

one part, but to the whole, of the United Kingdom. Powers needed by the

Government for constant use in Ireland must occasionally be wanted in

England, or, if they do not exist there, in Scotland. It were the

strangest anomaly for the law to sanction a mode of procedure which

convicts a dynamiter in Dublin, and not to give the Government the same

means for the conviction of the same criminal for the same offence if he

has crossed to Liverpool. The principle forbidding exceptional or

extraordinary legislation suggests that Coercion Acts should in the main

give new stringency to the criminal procedure, and should not invade

the liberties of ordinary citizens. The object of a Coercion Act is to

facilitate the punishment of wrongdoers, not to restrict the liberty of

citizens who have not broken the law. This is a point legislators are

apt to neglect. The distinction insisted upon will be understood by any

one who compares the Act for the Better Protection of Person and

Property in Ireland, 44 Vict. c. 4, of 1881, with the Prevention of

Crime (Ireland) Act, 1882, 45 & 46 Vict. c. 25. They were each denounced

as Coercion Acts: the earlier enactment was in many ways the more

lenient of the two; yet in principle the Act of 1881 was thoroughly

vicious, whilst in principle the Act of 1882 was, as regards its most

effective sections, thoroughly sound. The Act of 1881 in effect gave the

Irish executive an unlimited power of arrest: it established in theory

despotic government. The Act of 1882 was in principle an Act for

increasing the stringency of criminal procedure. The one could not be

made permanent, and applied to the whole United Kingdom, without

depriving every citizen of security for his personal freedom. The main

enactments of the other might extend through the whole of Great Britain

and Ireland, and produce only the not undesirable effect of making the

whole United Kingdom a less pleasant residence than at present for

criminals or conspirators.

An Act which should be permanent, which should apply to the whole United

Kingdom, which should deal, not indeed exclusively but in the main,

with criminal procedure, could hardly contain injudicious, harsh or

tyrannical provisions. The passing of one such good Criminal Law

Amendment Act would, though its discussion occupied a whole Session,

save our representatives in Parliament an infinite waste of time, and

would make unnecessary half-a-dozen Coercion Acts for Ireland. To

enlarge the power of examining persons suspected of connection with a

crime, even though no man is put upon his trial; to get rid of every

difficulty in changing the venue; to give the Courts the right under

certain circumstances of trying criminals without the intervention of a

jury; to organise much more thoroughly than it is organised at present

in England the whole system of criminal prosecutions; to enable the

executive to prohibit public meetings which might provoke a breach of

the peace, would in many cases be an improvement on the criminal law of

England itself, and would in several instances be simply an extension to

the whole United Kingdom of laws which exist without exciting any

disapproval in some one division of it.[26] Without special experience

it would be presumptuous to assert that these or similar changes in

criminal procedure would suffice for the enforcement of the law in

Ireland during a period of disturbance. That such improvements in

procedure would go a good way to make special Coercion Acts unnecessary,

is in the highest degree probable. There is, moreover, nothing

objectionable or anomalous in increasing as time goes on the stringency

of criminal procedure. The law against crimes is the protection of men

who are not criminals. Civilisation raises our estimate of the

protection which good citizens ought to receive from the State; it also

places new means of attack in the hands of cheats and ruffians. An

elaborate criminal code is as necessary for a civilised society as are

elaborately trained armies and scientific arms both of defence and

offence.

No adherence, however, to sound maxims of criminal jurisprudence would,

it must be frankly admitted, entirely take away, though it might greatly

mitigate, the justifiable distaste for Coercion Acts. The necessity for

these Acts points to discord in Ireland between the law of the land and

the law of the people; they are the outward and visible sign of internal

discontent and disloyalty; they give good ground for supposing that the

law or some part of it requires amendment, and to many persons laws

which admit the existence of a bad social condition will appear to be

themselves odious. But the necessity for amending bad laws or vicious

institutions is no reason why just laws, or any law which cannot rightly

be repealed, should not be enforced. The fallacies of protection

afforded no reason for not punishing smugglers, though the existence of

smuggling gave good ground for considering whether the customs law did

not require revision. There seems to the thoughtless crowd--whether rich

or poor, and all men are thoughtless about most things, and many men

about all things--to be a certain inconsistency between reform and

coercion; there is something absurd in the policy of "cuffs and kisses."

But the inconsistency or absurdity is only apparent. The necessity for

carrying through by legal means an agrarian revolution--and the passing

of the Irish Land Act was in effect an admission by the English

Parliament, that this necessity exists--is a solid reason for the strict

enforcement of justice. Reform tends, as its immediate result, to

produce lawlessness. A wise driver holds his reins all the tighter

because he is compelled to drive along the brink of a precipice. Whether

Coercion Acts, which it must be remembered have been known before now in

England, and were known in Ireland during the era of her Parliamentary

independence, and which are the sign of the difficulty of enforcing the

law, are or are not to be tolerated as a necessary evil, depends on the

answer to the inquiry, whether the Government of the United Kingdom can

by just administration, and by just legislation, remove the source of

Irish opposition to the law? Answer the question affirmatively, and the

outcry against coercion becomes unmeaning; answer the question

negatively, and you produce an argument which tells with crushing power

in favour not of Home Rule, but of Separation.

[Sidenote: 6. The argument from inconvenience.]

_The argument from the inconvenience to England._[27]--Apologies for

Home Rule drawn from foreign experience, deference due to the popular

will, from the historical failure of England to govern Ireland with

success and the like, have about them when employed by English members

of Parliament a touch of unreality; they are reasons meant to satisfy

the hearer, but do not convince the speaker. When however we come to the

argument for Home Rule drawn from the inconvenience of the present state

of things to England generally, and to English members of Parliament in

particular, we know at once that we are at any rate dealing with a real

tangible serious plea which has (if anything) only too much weight with

the person who employs it. There is nothing in the whole relation of

England to Ireland about which politicians are so well assured, as that

the presence of a body of Parnellites at Westminster is an unutterable

nuisance, and works intolerable evil. Of the reality of their conviction

we have the strongest proof. The sufferings of Irish tenants, the

difficulties or the wrongs of Irish landlords, the evils of coercion,

the terror of assassination, but slightly ruffled the composure with

which English statesmen faced the perplexities of the Irish problem.

They first began to think that the demand for Home Rule might have

something in it when the refusal to erect a Parliament at Dublin meant

the continuance of obstruction in the Parliament at Westminster. The

terror of obstruction has to speak the plain truth, done more to effect

the _bonâ fide_ conversion of English M.P.'s into advocates of Home Rule

than any other single influence.

What then is the harm which a body of eighty or ninety Irish members can

work in Parliament? This is the answer. They may (it is said) in the

first place delay, obstruct, and render impossible the carrying through

of important measures; London may go without a municipality; widowers

may wait for years without being able to marry their deceased wives'

sisters; we may not during this generation get the blessing of a good

criminal code, if Mr. Parnell and his followers sit in Parliament

prepared to practice all the arts of obstruction. The Irish members, in

the second place, perturb and falsify the whole system of party

government. The majority of Great Britain wish to be ruled say by Lord

Salisbury; the Parnellites do not care whether Lord Salisbury or Mr.

Gladstone is Premier, but they do care for making the English executive

feeble, and ridiculous. They can, therefore, by the practice of a very

little art, seize some opportunity of putting Lord Salisbury in a

minority, and turning him out of office. Mr. Gladstone comes back into

what is ironically called power. The same game begins again. The

Parnellites coalesce with the Tories, we have a change of Cabinet, and

possibly a dissolution. Nor are changes of Ministry the whole of the

evil. The high tone of party politics is degraded. English or Scottish

members of Parliament are but men; they are liable to be tempted; the

Parnellites have the means of offering temptation; and temptation,

members of Parliament intimate to us, will in the long run be too great

for their virtue. The presence, in short, at Westminster of eighty-six

gentlemen who do not respect the dignity or care for the efficiency of

Parliament is absolutely fatal to the success of Parliamentary

government, and to the character of Parliamentary statesmanship. We

must, it is inferred, let the Parnellites have a Parliament of their own

in Ireland, or else we shall soon cease to have any Parliament worth

keeping in England.

[Sidenote: Criticism.]

The force of this line of argument, as far as it goes, cannot be denied.

The presence in the House of Commons of politicians disloyal to

Parliament causes immense inconvenience; but to anyone not a member of

the House of Commons, it appears singular that men of sense should think

the inconveniences of obstruction a sufficient ground for breaking up

the Constitution. The whole thing is a question of proportion. The

nation suffers a good deal from obstruction, but the suffering is not of

a kind to justify revolution. A toothache is a bad thing, but a severe

toothache hardly suggests suicide; and though life might not be worth

having, if toothache were to last for years, the thoughts of putting an

end to one's existence are removed by the knowledge that an aching tooth

can be drawn by a dentist. Now the more obvious evils of obstruction can

clearly be removed by changes of procedure. Members of Parliament appear

to think that to alter the rules of the House of Commons; to curtail and

limit the power of debate; to confer, if necessary, upon the Speaker, or

upon the bare majority of members present, authority to bring every

debate summarily to a close, is something like overthrowing the

monarchy, a thing not to be dreamt of by the wildest of innovators.

Plain men outside the walls of Parliament can assure our

representatives, that the world would bear with infinite calmness the

imposition of stringent restrictions on the overflow of Parliamentary

eloquence. If even the great debate on Home Rule had been finished say

in a week, the outer world would have been well pleased; and measures

such as the Government of Ireland Bill happily do not come before

Parliament every year. The more subtle evils arising in part at least

from the presence of the Irish members must be met by more searching

remedies. Parnellite obstruction has revealed rather than caused the

weakness of government by Parliament. The experience, not of England

only, but of other countries, shows the great difficulty of working our

present party system of government in a representative assembly which is

divided into more than two parties. The essential difficulty lies in

the immediate dependence of a modern ministry for its existence on every

vote of the House of Commons. If you see the difficulty, you can also

see various means by which it may be removed. In more than one country,

and notably in the United States and in Switzerland--states, be it

remarked, in which popular government flourishes--the executive, though

in the long run amenable to the voice of the people, and though in

Switzerland actually appointed by the legislature, is not like an

English Cabinet dependent on the fluctuating will of a legislative

assembly. If it were necessary to choose between modifications in the

relation of the executive to Parliament, and the repeal of the Act of

Union, most Englishmen would think that to increase the independence of

the executive--a change probably desirable in itself--was a less evil

than a disruption of the United Kingdom, which not only is in itself a

gigantic evil, but may well lead to others. A modification, however, in

the practice would, for the moment at least, save the real principles of

Parliamentary government. Were it once understood that a Ministry would

not retire from office except in consequence of a direct vote of want of

confidence in the House of Commons, the political power of the

Parnellite, or of any other minority, would be greatly diminished.

Meanwhile, members of Parliament may be reminded that it is on them that

the duty lies of removing the obstacles which from time to time impede

the working of Parliamentary machinery, and that the existence of

temptation to political turpitude is not an admitted excuse for yielding

to it. In one way or another a majority of 584 members must, if they

choose, be able to make head against the minority of 86. Their failure

already excites astonishment; the time is coming when it will excite

contempt. The English people, moreover, have the remedy in their own

hands. By giving to either of the great parties an absolute majority

they can terminate all the inconveniences threatened by Parnellite

obstruction. The remedy is in their hands, and recent experience

suggests that they will not be slow to use it.

* * * * *

A survey of the arguments in favour of Home Rule suggests the following

reflections:

The arguments, taken as a whole, do undoubtedly show that the present

state of things is accompanied by considerable evils or inconveniences.

They show what no one who has given a thought to the matter ever

doubted, that the relation between England and Ireland is

unsatisfactory. They are, as far as they go, objections to the

maintenance of the Union, but neither the feelings which favour Home

Rule, nor the reasons by which they are supported, tell in reality in

favour of Home Rule policy. They scarcely tend to show that Home Rule

would cure the evils complained of; they certainly do not show, they

only assume, that Home Rule in Ireland would not be injurious to

England. They are, in short, arguments in favour of Irish independence;

every one of them would be seen in its true character if the Irish

demand should take the form of a claim that Ireland should become

an independent nation. Meanwhile, even on the Home Rule view, the

case stands thus: the present condition of things excites Irish

discontent, and involves great evils. We have before us but three

courses:--Maintenance of the Union; the concession of Irish

independence; the concession of Home Rule to Ireland. The Home Ruler

urges that the last is the best course left open to us. To decide

whether this be so or not requires a fair examination of the

possibilities which each course presents to England.

FOOTNOTES:

[4] For the constitution of Austria-Hungary see Ulbrich's

_Oesterreich-Ungarn_ in Marquardsen's _Handbuch des Oeffentlichen

Rechts_; Francis Deák, with preface by M.E. Grant Duff; Home Rule in

Austria-Hungary, by David King, in the _Nineteenth Century_, January

1886, p. 35.

[5] Ulbrich, pp. 15, 76, 77.

[6] See Marquardsen, 28-30.

[7] This is, in my judgment, true even of such federations as the United

States or the Swiss confederacy.

[8] Froude's 'English in Ireland,' vol. 3, pp. 581, 582.

[9] See especially on this subject 1 De Beaumont, 'L'Irlande,' Partie

Historique, pp. 15-207.

[10] "On ne saurait considérer attentivement l'Irlande, étudier son

histoire et ses révolutions, observer ses moeurs et analyser ses lois,

sans reconnaître que ses malheurs, auxquels ont concouru tant

d'accidents funestes, ont eu et ont encore de nos jours, pour cause

principale, une cause _première_, radicale, permanente; et qui domine

toutes les autres; cette cause, c'est une mauvaise _aristocratie_." 1 De

Beaumont, 'L'Irlande,' deuxième partie, p. 228. The only objection which

may be fairly taken to De Beaumont's language, though not to his

essential meaning, is, that the words he uses occasionally suggest the

idea that he attributes some special vice of nature, so to speak, to the

landed classes in Ireland, whilst there is, of course, no reason to

suppose that the original Norman invaders of Ireland were a whit worse

than the Normans they left behind them in England, or that the

Cromwellian settlers did not possess the virtues which distinguished

Puritan soldiers. What De Beaumont really means is that the aristocracy,

or landed gentry, have been from first to last placed in a false

position, which has led to their exhibiting the vices, with few of the

virtues, of aristocratic government.

[11] Compare 1 De Beaumont, 'L'Irlande Sociale,' &c., pp. 253-256.

[12] See Dicey, 'Law of the Constitution' (Second Edition), pp. 181-210;

and compare 1 De Beaumont, 'L'Irlande Sociale,' &c., pp. 253-299.

[13] Cromwell's reputation as a statesman suffers even more than that of

most great men from the indiscriminating eulogy of admirers. The merit

of his Irish policy was not his severity to Catholics, but his equity to

Protestants. If he did not acknowledge the equality of man, he at any

rate acknowledged what English statesmanship before and after his time

refused to admit--the equality of Englishmen, at least when Protestants.

His policy handed down to us a legacy of justifiable hatred on the part

of Irish Catholics. But it is the fault not of the Protector, but of his

successors, that his policy did not ensure to England the loyalty of

every Protestant in Ireland.

[14] The penal laws against the Catholics in England were as severe as

those in Ireland. Their practical effect and working was however very

different in the two countries. See 1 Lecky,'History of England,' pp.

268-310.

[15] See Walpole, 'Short History of the Kingdom of Ireland,' p. 176.

[16] See a speech of Lord Clare made in defence of the Bill for

Establishing the Union with England, and republished by the Irish Loyal

and Patriotic Union.

[17] 1 De Beaumont, 'L'Irlande Sociale,' p. 251. It is of primary

consequence that Englishmen should realise the undoubted fact, that

agrarian conspiracies and agrarian outrages, such as those which baffle

the English Government in Ireland, are known to foreign countries. For

centuries the question of tenant-right, in a form very like that in

which it arises in Ireland, has been known in the parts of France near

Saint-Quentin under the name of the _droit de marché_. In France, as in

Ireland, tenants have claimed a right unknown to the law, and have

enforced the right by outrage, by boycotting, by murder. The

_Dépointeur_ is the land grabber, and is treated by French peasants

precisely as the Irish land grabber is treated by Irish peasants. See

Calonne, 'La Vie Agricole, sous l'Ancien Régime,' pp. 66-69. Precisely

the same phenomena have appeared in parts of Belgium, where for

centuries there has been, in respect of land, the conflict to which we

are accustomed in Ireland, between the law of the Courts and the law of

the people. "From the commencement of the year 1836 to the end of 1842

there had been" [in consequence of this conflict] "forty-three acts of

incendiarism, eleven assassinations, and seven agrarian outrages

entailing capital punishment," all within a limited part of Belgium. See

Parliamentary Reports on Tenure of Land in Countries of Europe, 1869, p.

118-123. In Belgium decisive measures of punishment at last put an end

to agrarian outrages. What should be specially noted is that in France

and Belgium crimes in character exactly resembling the agrarian outrages

which take place in Ireland had, it is admitted, no connection whatever

with national, or even it would seem with general political feeling.

[18] See 1 De Beaumont, 'L'Irlande Sociale,' &c., p. 251.

[19] 2 De Beaumont, 'L'Irlande Sociale, Politique et Religeuse.'

Septième édition, pp. 135 and 137.

[20] A Home Ruler may in this matter take up one position which is

consistent. He may say that England can allow to be carried out through

the agency of an Irish Parliament a policy which no English Parliament

could itself adopt. To put the matter plainly, an English Parliament

which cannot for very shame rob Irish landlords of their property may,

it is suggested, create an Irish Parliament with authority to rob them.

This position is consistent, but it is disgraceful. To ascribe it to a

fair opponent would be gross controversial unfairness.

[21] A reader who wishes to see the American view put in its best and

strongest form should read Mr. E.L. Godkin's article on "American Home

Rule," _Nineteenth Century_, June, 1886, p. 793. I entirely disagree

with the general conclusion to which the article is intended to lead,

but I am anxious to acknowledge the importance of the information and

the arguments which it contains.

[22] See pp. 87-89, _ante._

[23] See 'American Home Rule,' _Nineteenth Century_, June, 1886, pp.

793, 803, 804.

[24] _Nineteenth Century_, June, 1886, p. 801.

[25] Contrast the Coercion Acts of 1881 and 1882 respectively. For list

of Coercion Acts see "Federal Union with Ireland," by R.B. O'Brian,

_Nineteenth Century_, No. 107, p. 35.

[26] In England the Courts can change the venue for the trial of a

criminal. In Scotland the Lord Advocate can always (I am told) bring any

case he chooses to trial before the High Court of Justiciary in

Edinburgh, and the same thing could be done by the Court on the

application of the prisoner. In Scotland, again, any Sheriff or Chief

Magistrate of a Burgh could prohibit a meeting, however lawful, which he

thought likely to endanger the peace. The provisions of the last Irish

Coercion Act, Prevention of Crime (Ireland) Act, 1882, 45 & 46 Vict. c.

25, s. 16, giving power to a magistrate where an offence had been

committed to summon and examine witnesses, even though no person is

charged with the offence, formed, I believe, part of the draft criminal

code for England.

[27] See for an admirable statement of this argument, "Alternative

Policies in Ireland," in the _Nineteenth Century_ for February, 1886.

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