To a statesman like Lord Derby, who maintained that war, unless it is

a necessity, is a crime; that the maintenance of peace is beyond all

comparison the greatest of British interests, the months that followed

were extremely trying. His first object was to limit the war, and to

safeguard English interests, and for this purpose he drew up on May 6,

1877, a Note defining the English interests that were vital in the

East. He warned the Russian Government that an attempt by Russia to

blockade the Suez Canal, an attack on Egypt, a Russian occupation of

Constantinople, or an alteration of the existing arrangements for the

navigation of the Bosphorus or the Dardanelles might compel England to

abandon her neutrality. Russia accepted these conditions, and for some

time there appeared every prospect of limiting the war. But in the

beginning of 1878 a period of extreme danger undoubtedly arrived.

Plevna had fallen. The Turkish resistance had collapsed. A Russian

army, flushed with victory, had advanced to near Constantinople. The

treaty of San Stephano was signed; which in the opinion of most

European statesmen placed Turkey at the feet of Russia, and Russia at

first refused to submit its terms to a conference of European Powers.

Public feeling in England now ran strongly in a direction almost

opposite to that in which it had been running eighteen months before,

and the nation was extremely alarmed at the danger of Constantinople

becoming speedily and irremediably a Russian port. On the other hand,

the national and military pride of the conquering Power was aroused,

and it was felt that a single false step, a single imprudent menace,

might lead to war.

It was one of those moments in which men's judgments are largely

affected by their temperaments, and it soon became evident that the

Cabinet was seriously divided. Disraeli had now become Lord

Beaconsfield, and sat with his Foreign Secretary in the House of

Lords. With his character it was inevitable that he should meet the

danger by a bold, decisive, and even aggressive, policy. It was no

less natural that Lord Derby should have persistently leaned towards

the side of caution and shrunk from any measure that could cut short

negotiation and diminish the chances of peace. The order given that

the British Fleet should enter the Dardanelles, first produced the

inevitable schism, and Lord Derby and Lord Carnarvon resigned. The

order was countermanded, and Lord Derby, for a short time, resumed his

post. He acquiesced, but with great reluctance, in the vote of credit

for six millions which was at once brought before the House of

Commons, but he was soon convinced that measures he did not approve of

were impending, and when orders were given for calling out the

reserves he definitely resigned.

He announced his resignation on March 28, 1878, in terms of much

dignity and moderation. He believed, he said, that his colleagues

desired peace as truly as himself, and he did not maintain that their

later measures led inevitably to war, but he considered that they were

neither necessary nor 'prudent in the interests of European peace.'

He agreed that the terms of the treaty should be submitted to a

European Congress, in which England should take part. On minor matters

he thought it his duty to waive his own opinion, but he could not do

so on a question involving the momentous issue of peace or war. The

threat involved in the last act of the Government, he said, in a later

speech, would make it more difficult for Russia to modify her policy,

and he believed that without a threat such a modification of the

treaty of San Stephano could be obtained as would make it acceptable.

He had been accused of indecision and even of cowardice. For his own

part he thought it needed more courage to stand up in his place to

express views which he knew to be unpopular among the great body of

his friends, than to sit at a desk in Downing Street and issue orders

which would bring no danger or unpopularity to himself, but might

bring about a European war.

The short speech in which Lord Beaconsfield accepted the resignation,

and dwelt on the long friendship, personal as well as political, that

bound him to Lord Derby, seems to me a perfect model of good feeling

and good taste. Unfortunately the example of the Prime Minister was

not followed, and words used in a later debate went far to make the

breach irrevocable.

Lord Derby for a short time maintained a neutral position, but the

foreign policy of Lord Beaconsfield was in the highest degree

distasteful to him. A wave of Chauvinism was passing over England,

which was utterly opposed to his views, and he believed that a section

of the Conservative party encouraged it in order to divert the

thoughts of men from internal reforms. He objected to the acquisition

of Cyprus, to some of the responsibilities assumed by England under

the treaty of Berlin, and very strongly to the Afghan war; and in the

beginning of 1880 he formally attached himself to the Liberal party,

on the ground of his objections to the foreign policy of the

Government. His speeches in his new capacity differed very little from

those which he had formerly delivered, but he said that he had learnt

to see more clearly the uselessness of attempting to resist popular

ideas, and to think 'more highly of the moderation, the fairness, and

the general justice with which masses of men, including all conditions

of life, are disposed to use their power.' He thought that England

should mix herself as little as possible with 'the sanguinary muddle'

of European diplomacy; that she should avoid increasing her

responsibilities; that she should take stringent measures to reduce

her debt; that she should pay much more attention than she was

accustomed to do to the condition of her own poorer population; and

that it should be the object of her statesmen to meet every great

popular demand by wise and equitable compromise. One of the greatest

dangers, he said, that could befall the country, would be 'a state of

things in which the comparatively harmless antagonism of parties would

be replaced by the far more serious and dangerous war of classes. From

that danger more than from any other it is the business of a

well-considered Liberalism to protect us.'

In 1882 he accepted the Colonial Office from Mr. Gladstone, and held

it until the fall of the Government in the summer of 1885. His

ministry was not a very eventful one, and it was marked by that steady

adherence to a middle line which had always characterised him. He

congratulated the country that the indifference to our colonies which

had prevailed during his youth had passed away, but he was by no means

favourable to extensions of the Empire. 'We have quite black men

enough,' he was accustomed to say; and he believed that any increase

of our responsibilities was likely to endanger the Empire, and to

divert the energies of politicians from pressing home questions. He

did not condemn the policy which led to the occupation of Egypt by

England, but he declared that even if it was inevitable it was a

misfortune, and that we ought to 'see that we do not on any pretext,

however plausible, get that Egyptian millstone tied permanently round

our necks.' He was very sceptical about Imperial Federation, and

entirely incredulous about the possibility of an Imperial Zollverein.

He deplored the protectionism of the colonies, but was himself a

strict free-trader of the school of Cobden, and utterly opposed to any

attempt to negotiate treaties with the colonies on a basis of

preferential tariffs. On the other hand, he showed himself quite ready

to favour Confederation in Australia, and he accepted gratefully

Australian help in the Soudan, but he was much alarmed by tendencies

in some colonies which might lead to complications with foreign

Powers, and he incurred considerable unpopularity in Australia by

refusing to consent to the annexation by Queensland of New Guinea.

There is, however, one incident in the colonial administration of Lord

Derby on which it is necessary to dwell at somewhat greater length,

for subsequent events have given it an unfortunate prominence and it

has thrown some discredit on his statesmanship. I allude, of course,

to the convention with the Transvaal in 1884. In the preceding

convention, which had been signed in August 1881, complete

self-government had been granted by England to the Transvaal 'subject

to the suzerainty of her Majesty' and her successors, and also to a

large number of carefully specified reservations and limitations. They

comprised the complete control of the external relations of the

Transvaal, including the conclusion of treaties and the conduct of

diplomatic intercourse with foreign Powers, which could only be

carried on through her Majesty's officers; the right of moving British

troops in case of necessity through the Transvaal; a power of veto

over all legislation affecting the interests of the native population.

A number of articles prohibited slavery in the new State; protected

with much detail the interests of the native population; secured

complete religious liberty; established the right of all persons other

than natives who conformed themselves to the laws of the State, to

enter, travel, and reside in any part of the Transvaal, to acquire

property and to carry on their business without being subject to any

other taxation than that which was imposed on the citizens of the

Transvaal; and placed British imports and exports on the same plane as

those of the most-favoured nations. The limits of the new State were

carefully defined and a British Resident was established in the

Transvaal to superintend the carrying out of these provisions. There

was no express provision in the convention for the political

privileges of the English residents in the Transvaal, but the

Government appear to have relied on a not very explicit verbal

assurance given to the British Commissioners by President Kruger in

May 1881. Asked about the rights of British subjects to complete free

trade throughout the Transvaal, President Kruger answered that before

the annexation 'they were on the same footing as the burghers'; that

'there was not the slightest difference in accordance with the Sand

River convention'; that this state of things would be continued and

that 'there would be equal protection for everybody.' Sir Evelyn Wood

then added, 'and equal privileges?' 'We make no difference,' answered

President Kruger, 'so far as burgher rights are concerned. There may

perhaps be some slight difference in the case of a young person who

has just come into the country.' It was subsequently explained that

the words 'young person' did not refer to age, but to the time of

residence in the Republic--according to the old Transvaal

Constitution, a year's residence in the Republic was necessary for

naturalisation. With this assurance the Government of 1881 appears to

have been content. They believed in words expressly sanctioned by Mr.

Gladstone, that the concession of limited independence to the

Transvaal by the convention of 1881 would 'provide for the full

liberty and equal treatment of the entire white population, guard the

interests of the natives, and promote harmony and good-will among the

various races in South Africa.'[43] As a matter of fact, the only

change in the political position of the English residents in the

Transvaal was that the period of naturalisation was extended from one

to five years--a change which appears to have produced little or no

commotion in the Republic.

The convention of 1881 was, however, extremely unpopular among a large

section of the Boer population. Complete independence was their avowed

object, and in order to attain it their first task was to abolish the

suzerainty of Great Britain. Almost immediately after the convention

was signed, the limitations of the Transvaal established by the

convention were flagrantly disregarded by Transvaal filibusters, who

proceeded with the tacit and even with the avowed countenance of their

Government to place new sections of native territory under the

exclusive protectorate of the Transvaal Government;[44] and a

deputation, headed by President Kruger, came to England in 1883 for

the purpose of negotiating with the Colonial Office for the abolition

of the chief articles of the convention of 1881. They avowed with

complete frankness that absolute independence would alone satisfy

them, and that their desire was to revert to the Sand River convention

of 1852, by which this independence had been recognised. This demand

was absolutely rejected by the Imperial Government, but Lord Derby

attempted to meet the objections of the Transvaal leaders by

substituting for the articles of the convention of 1881 new articles

in several respects more favourable to the pretensions of the Boers.

He, in the first place, made a sentimental concession to which it is

probable he attached little importance, but which was regarded by the

Boer population as a considerable step towards the achievement of

their independence. The term 'Transvaal State,' which was accepted in

the convention of 1881 as the designation of the new State, was

dropped and the old title of 'South African Republic' was revived and

recognised. The question of suzerainty was dealt with in a somewhat

ambiguous fashion. The new convention purported only to substitute new

articles in the place of those of the preceding convention; and it was

afterwards argued that the old preamble, which asserted at once the

internal independence of the Transvaal and the suzerainty of Great

Britain, remained in force. In fact, however, this preamble was

neither reprinted nor replaced in the new convention, and the term

'suzerainty,' which occurred in the original draft of the document,

was deliberately expunged--it is said by Lord Derby himself. He

considered the term wholly wanting in the precision which is desirable

in a treaty arrangement, that it was capable of many different degrees

of extension, and that the fact of the paramountcy of Great Britain

over the new State might be sufficiently established without the use

of an ambiguous word which excited the most bitter hostility in the

Transvaal. His own words in defending his conduct in the House of

Lords are perfectly clear. 'The word suzerainty,' he said, 'is a very

vague word, and I do not think it is capable of any precise legal

definition. Whatever we may understand by it, I think it is not very

easy to define. But I apprehend whether you call it a protectorate, or

a suzerainty, or the recognition of England as a paramount Power, the

fact is that a certain controlling power is retained when the State

which exercises this suzerainty has a right to veto any negotiation

into which the dependent State may enter with foreign Powers. Whatever

suzerainty meant in the convention of Pretoria (1881), the condition

of things which it implies still remains; although the word is not

actually employed, we have kept the substance. We have abstained from

using the word because it was not capable of legal definition, and

because it seemed to be a word which was likely to lead to

misconception and misunderstanding.'

The articles of the previous convention relating to slavery, to native

rights, to free trade, to religious liberty, to the rights of

residence of foreigners in the Transvaal, reappear in the new

convention, and the limits of the State were somewhat more fully

defined, but the controlling power of Great Britain over the foreign

policy of the Transvaal, though clearly reasserted, was somewhat

limited in its scope. It was provided that the South African Republic

should conclude no treaty or engagement with any State or nation other

than the Orange Free State, or with any native tribe to the eastward

or westward of the Republic, until the same had been approved by the

Queen; that every such treaty should be at once submitted to her

Majesty's Government for her consent, but that this consent should be

presumed to have been granted if no notification to the contrary was

received within six months. The desire of the Transvaal authorities to

be recognised as representing an independent sovereign power was thus

distinctly rejected, and the English Government positively refused a

proposal to admit foreign arbitration in cases of dispute between

England and the Transvaal.

This convention has been severely censured by later writers on the

ground of the insufficiency and ambiguity of its assertion of the

paramount authority of Great Britain over the Transvaal, and of its

failure to do anything to supply the great deficiency in the preceding

convention by an article securing political equality for the British

population within it. A few years later, when an immense English

immigration had taken place, not only with the consent but at the

express invitation of the Transvaal Government; when the English

element formed a large majority of the inhabitants of the State; when

they paid an enormous preponderance of its taxation, and were the

chief agents in developing its wealth and raising it from the position

of a very poor pastoral community into that of a great and wealthy

State, the Transvaal Government proceeded to impose upon the new

emigrants disqualifications and disabilities which were utterly

unknown when England conceded self-government to 'the inhabitants of

the Transvaal.' They completely deprived the vast majority of

political power or local self-government, and surrounded them at every

turn with the most irritating disabilities. The Transvaal became the

one part of South Africa where one white race was held in a position

of inferiority to another. At a time when perfect equality was enjoyed

by the Dutch population in our own colonies, the political

disqualification of the English race was made the very corner-stone of

the policy of the Transvaal Government. An annual revenue greatly in

excess of what was required for its internal government was raised

almost entirely from the taxation of an unrepresented class, to whom

the prosperity of the State was mainly due, and it was employed in

accumulating a great armament which could only be intended for use

against England and for maintaining the subjection of an English

population.

This was the position to which the paramount Power in South Africa,

the Power which of its own free will had conceded a limited

independence to the Transvaal, found itself reduced. And yet it was

possible for the Boer Government to maintain that there was nothing in

all this legislation which was inconsistent with the terms of the

convention of 1884.

I do not think that the justice of this criticism can be wholly

denied. The Transvaal authorities had already given clear intimation

of their desire to emancipate themselves from all British control, and

especially of their determination to disregard the limitations which

had been imposed on the expansion of their State. There is, however,

one very material fact to be remembered in judging the policy of Lord

Derby. At the time of the convention of 1884 the English population in

the Transvaal was a small, scattered, and powerless minority, and as

their numbers were far too scanty to make them a danger to the State,

there was not much reason to believe that the Transvaal authorities

would repudiate their own assurances and subject them to oppressive

disabilities. It was not until two years after the convention that the

vast gold-mines of the Transvaal were discovered and all the

conditions of the South African problem fundamentally changed. The

gigantic immigration that ensued reversed the proportion between the

two races. The revenue and the expenditure of the State multiplied

more than fifteen fold in little more than ten years.[45] The

Transvaal became the most powerful and wealthy State in South Africa,

and the great preponderance of the Outlander element in numbers,

wealth, energy, and industry rendered a conflict of races almost

inevitable. No statesman could have foreseen this change, and a

convention that might have allayed discontent if the gold-mines had

never been discovered, proved wholly inefficient to meet it.

Though in a politician of the stamp of Lord Derby the change from a very

liberal conservatism to a very conservative liberalism involved little

real modification of opinion, it necessarily involved some change of

attitude, and on some questions he spoke with a freedom which would have

been impossible as a member of the Conservative party. On Church

questions, for example, while strongly maintaining that the country was

not ripe for the disestablishment of the Church in England, he declared

that in his opinion the exclusive alliance of one religious denomination

among many with the State could not be permanently maintained side by

side with a democratic representation--that disestablishment and at

least partial disendowment must ultimately come; that if the

representatives of Scotland desired the disestablishment of their

Church, it was not for Englishmen to oppose them; and that Wales had a

strong claim to be separately dealt with. 'The Welsh people constitute

in many respects a distinct nationality, and I do not see why we should

refuse to Welsh loyalty what we have granted to Irish sedition.' On the

subject of endowments indeed as early as 1875 his view was that of most

moderate Liberals. 'To my mind, so far as right is concerned, the

Legislature may do what it chooses in regard to any endowment, without

injustice, provided only that the rights of living individuals are

respected. How far it is politic to use that power is another matter....

Respect the founder's object, but use your own discretion as to the

means. If you don't do the first, you will have no new endowments. If

you neglect the last, those which you have will be of no use.'[46] He

maintained that the question of local government had in England become

one of pressing importance, and that the administration of county

affairs must be put into the hands of elective bodies. He would give

those local parliaments very large power--but he most urgently insisted

on the importance of one restriction. The new bodies must not be given

an unlimited power of mortgaging the future. The gradual reduction of

the National Debt had been for some years one of the chief aims of

enlightened politicians, but all that had been done in this direction

would be undone if, side by side with the National Debt, there grew up a

municipal debt of perhaps equal amount. In this tendency to municipal

extravagance he saw one of the gravest menaces to property. 'The growth

of Socialism throughout Europe has followed very closely on the gigantic

increase of national indebtedness during the present century, and men

who begin to feel the pressure intolerable are apt to raise questions,

more easily stated than solved, as to the right of any State to impose

burdens in perpetuity for the benefit of one generation.' He urged that

every local body which contracted a debt should be under a statutory

obligation to provide for its repayment in fifty or sixty years at

latest.

The growth of municipal indebtedness; the excessive tendency to

increase the functions of the State; the disaffection of Ireland and

the contingency of an isolated and disloyal body of some eighty Irish

representatives offering their services to any party which would

consent to carry out their designs, appeared to Lord Derby the chief

dangers of English domestic politics. The last danger was very

speedily realised, and the sudden conversion of Mr. Gladstone to Home

Rule produced one more change in the attitude of Lord Derby. On this

question he had never flinched or wavered, and he at once took his

place in the front rank of the Liberal Unionists, whom for some time

he led in the House of Lords. I do not know that the Unionist case has

ever been more powerfully put forward than in his speeches on the

subject, and the eminently judicial character of his mind, and his

entire freedom from all mere party bias, gave a special weight to his

advocacy. With this exception he took little part in party politics

during the last years of his life, but he devoted himself largely to

social questions, and among other things served with great assiduity

and ability on the Labour Commission. His last speech was delivered at

Manchester on the unveiling of the statue of Mr. Bright in October

1891. His last public work was that of presiding over the Labour

Commission in May 1892. In the preceding year an attack of influenza,

followed by a relapse, had shattered a health which had hitherto been

robust. Other complications ensued, and he passed away at Knowsley on

April 21, 1893, in his sixty-seventh year.

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