. . -,:::-.. ■7'. ■:■■■■: Wrri-i : :7.'.v ■■ ' V :: / "i ': - • ■ ?r-/ I *^\ COLLEGIUM BOSTONIENSE 3n JHemorg <©f ~7I / THE TWO IRISH NATIONS THE TWO IRISH NATIONS AN ESSAY ON HOME RULE BY W. F. MONYPENNY / " Sedulo curavi humanas actiones non ridere, non lugere, neque detestari sed intelligere."— Spinoza Cfc LONDON JOHN MURRAY, ALBEMARLE STREET, W. 1913 All Rights Reserved 169843 PREFACE Even while occupied with his great task of writing the "Life of Lord Beaconsfield," William Flavelle Monypenny was able, from time to time, to make valued contributions to the columns of The Times. He spent the earlier months of the year 191 2 in Ireland as the paper's Special Correspondent, and then wrote the series of articles which form Part I. of this volume. The articles were published in The Times between the dates of January 27 and April 15, 1912; under the title which they now bear, namely — " Ireland and Home Rule." The articles which form Part II. were published almost immediately after the conclusion of the former series, namely on April 26, 27, 29, and 30, 1912. In his work as a journalist, Mr. Monypenny was always in- tensely in earnest and inspired by high and patriotic ideas. These fourteen articles represent the last of a long series of public services which he rendered with his pen. It was his desire that they should be re-issued in a more permanent form, an honour to which their merit obviously entitles them. With this vi PREFACE end in view he had cursorily supervised and made some slight alterations of phrase in the first six articles, when his death interrupted the work. In no case did he find it necessary to alter or modify any view which he had expressed. Possibly the events of the last few months, during which the Bill has passed through the House of Commons, would have prompted him to make more changes in the matter included in Part II. ("The Present Home Rule Bill"); but it has been thought best to re-issue the articles precisely as he wrote them. It is no slight testimony to their excellence that they can be so re-issued unchanged. The title under which this volume is published and the quotation on the title page are of his selection. CONTENTS PART I IRELAND AND HOME RULE CHAPTER I. THE HISTORICAL BACKGROUND II. THE TWO NATIONS . III. THE GENESIS OF HOME RULE iv. mr. Gladstone's two bills V. THE AGRARIAN REVOLUTION VI. IRELAND DURING THE TRUCE VII. THE REVIVAL OF HOME RULE VIII. THE ANTINOMIES OF HOME RULE IX. THE COLONIAL ANALOGY . X. IRELAND AND SOUTH AFRICA vii PAGE I 10 18 27 36 46 54 63 72 80 Vlll CONTENTS PART II THE PRESENT HOME RULE BILL CHAPTER PAGE I. GENERAL FEATURES OF THE BILL . . 89 II. THE NEW IRISH PARLIAMENT . . .98 III. THE EXECUTIVE POWER .... IO9 IV. THE FINANCIAL PROVISIONS . . . Il8 INDEX 131 THE TWO IRISH NATIONS PART I IRELAND AND HOME RULE CHAPTER 1 THE HISTORICAL BACKGROUND 11 Irish policy is Irish history," said Disraeli once in Parliament, "and I have no faith in any states- man who attempts to remedy the evils of Ireland who is either ignorant of the past or who will not deign to learn from it." Disraeli himself found time to study Irish history, but few are the English statesmen who have followed his example, and apparently his great rival, who studied so many things, was not among their number. Few indeed are the Irishmen who have explored their national annals in the true spirit ol inquiry, to find in the past a tolerant and sympathetic understanding of the present. Ireland is a land of long historical memories, and nowhere else perhaps does the popular imagination live so much in the past ; but it is one of the many ironies and contradictions of Irish life that nowhere is the past so grievously distorted or has so little attempt been made 2 THE HISTORICAL BACKGROUND to tell its story truly. Irish history has still to be rescued from the mire of politics. " You will learn before long," said a Castle official once to a newly-arrived English Minister anxious to base his policy on a solid foundation of facts— 11 You will learn before long that there are no facts in Ireland " ; and there is hardly such a thing as a fact in Irish history that cannot be made to assume two contradictory aspects. It is not the least encouraging sign of healthy growth in Ireland that a school of historians is arising which endeavours to tell the truth. Viewed through the mists of legendary senti- ment, which sometimes obscure the vision even of serious historians, the past assumes the guise of a never-ending struggle between a devoted Irish nation of saints, scholars, and heroes and a company of malignant fiends representing England. Such is Irish history in the versions that are popular in Roman Catholic Ireland. The literature of the Protestant side is less copious in volume, and, of course, more restricted in its chronological range ; but within its compass it endeavours to produce a picture of the same kind with the characters transposed. Histories such as these of course refute themselves. What will strike the student who goes to Irish history that he may find in it light to illuminate the present, rather than material to minister to his prejudices or controversial weapons for the politics of to-day, is not the righteousness of the Irish and the wickedness of the English or any inversion of these qualities, but the persistent ill-fortune that has pursued Ireland from the beginning and poisoned and perverted her re- lations with the neighbouring island. He will find England and Englishmen as often negligent as criminal, and by their blunders as by their crimes bringing trouble on themselves ; and he THE TWO CHURCHES 3 will find a strangely malign fate intervening at every step to frustrate the purposes of statesman- ship and prevent the growth of amity. Irish history is a constant tragedy, a tragedy in the deeper sense, not as the clash of right and wrong, but as the clash of two rights. Proximity to Great Britain forbade the free development of Ireland on her own national lines, her compara- tive distance and the strip of estranging sea hindered unity and fusion, and in the actual course of events no happy system of co-operation on equal terms or dependence was ever evolved. The original conquest was a conquest only in name, effective to disable the growth of the native civilization, not effective to secure its supersession by another. The English Pale, in Lecky's metaphor, was a spearpoint in a living body, inflaming all around it and deranging every vital function. When in the time of the Tudors a serious attempt was begun to make conquest a reality, the religious factor entered. The period of the real conquest covered the second half of the sixteenth and the whole of the seventeenth cen- tury, and that was precisely the period of the great religious struggles. Hitherto the distinction between invaders and invaded, a distinction of race and caste, had always in practice shown a tendency to disappear ; but now religion erected a more formidable and lasting barrier. As Ireland had never been included within the Roman Imperial system, so the old Celtic Church had remained external to Catholic Europe, and till the time of the Reformation the Church of the English Pale had represented in Ireland the Romanizing influence. Practically, however, the Church, Celtic or Roman, had lost its hold on the people, and Ireland in a sense was recon- verted to Christianity by the Jesuit Mission in the time of the counter-Reformation. The Roman 4 THE HISTORICAL BACKGROUND Church was then the bitter enemy of England, and this fact of course helped to commend it to the Irish, both Celtic and Anglo-Norman, who were resisting the English conquest. It also helped to give to the Roman Catholic Church in Ireland an ultramontane character and a bias against England that have survived to this day. Ireland was thus swept into the vortex of the religious struggle, and religion served to fix lines of division which had hitherto been shifting. Henceforward the English interest in Ireland was Protestant and the Irish interest, which included the bulk of the Anglo-Normans, was fanatically Roman Catholic. Irish Protestantism, now greatly strengthened by the Plantation of Ulster, was from the first Puritanic, and by the circumstances of its position militant and aggressive. Atrocities on either side, which were as much agrarian as religious in origin; the rebellion of 1641, which was really a protest against the wholesale confiscations of the Plantation, and Cromwell's ruthless revenge deepened the fissure between the religions, and the two systems finally clashed at the time of the English Revolution. Father Finlay, the eminent Jesuit, addressing on one occasion an audience of Orangemen at a co-operative meeting, wittily and tactfully dismissed the famous fight on the Boyne as a fight for their own interests between a Scots- man and a Dutchman, which Irishmen of the present day might very well forget. But they have not yet forgotten it, and strange as were the leaders, the rival factions in Ireland knew what they were about. It was a struggle for pre- dominance between their rival creeds, ideals, and civilizations; and when the Protestant faction won the conquest of Ireland was at last complete. The great confiscations in the time of the early Stuarts, of Cromwell and William III., which THE PENAL CODE 5 were incidents of the conquest, had finally broken up the old tribal system and thus prepared the way for a process that was to come later, the welding of the Irish Roman Catholics under the influence of their Church into a community bound together by a #//<7s/-national sentiment. But for almost a century after the Revolution the Roman Catholic majority of the Irish population lay asleep in the iron grip of the Protestant Ascendancy. The Cromwellian settlement had strengthened the Puritanic tendency of Protes- tantism in Ireland, and other causes which had little connexion with religion were at work to give it an intolerant and persecuting spirit. Then, as always in Ireland, the land was a dominant motive. The land hunger of the Celt is visible from the dawn of history, and among a people of tenacious memories the lingering traditions of the old tribal system have helped to keep it alive. The troubles of the seventeenth century be- queathed to later times as part of their heritage of woe a vicious system of tenure neither English nor Irish, in wmich the landlord was a mere rent receiver with arbitrary powers of eviction. The new proprietors who had been established over nearly the whole of Ireland as a result of the confiscations paid little regard to the vague traditionary rights of the native cultivators where they remained, and even the Protestant tenants, though their position was never so bad, suffered much under a system than which nothing has done more to swell the turbid stream of Irish wrong and discontent. The titles of the new pro- prietors in the eighteenth century had no long prescription behind them, and the old proprietors or their heirs were often living on their former lands among the discontented peasantry, a stand- ing menace and reproach to their Protestant suc- cessors. Fears for their property combined with 6 THE HISTORICAL BACKGROUND other motives that were perhaps less ignoble to make the leaders of the Protestant Ascendancy tyrants and oppressors, and the outcome was the Penal Code. Burke has described it in a famous sentence, which is at once its eulogy and its con- demnation : — ' It was a machine of wise and elaborate contrivance ; and as well fitted for the oppression, impoverishment, and degradation of a people, and the debasement in them of human nature itself, as ever proceeded from the perverted ingenuity of man.' The charity of history is not easily provoked, and a wide survey of historical forces may make intelligible the existence of even this atrocious system ; but nothing can justify it, and more than anything else in the long tale of Irish wrong it has left its marks deep and visible in the Ireland of to-day. It is the purpose of this and the following chapters to examine Home Rule, in the light of Irish history and of the facts of Irish life, as what its advocates proclaim it to be, a policy of atone- ment and a solution of the Irish difficulty. The demand for Home Rule is a demand for the restitution of an Irish local Parliament, and it is time to glance rapidly at the history of Parlia- mentary institutions in Ireland. As Mr. Redmond is fond of reminding us, Ireland had a Parliament of her own for over 500 years, and for the first two centuries as well as the last two decades of its life this Parliament had, in theory at all events, legislative independence. But during those first two centuries it was not in any sense an Irish, but an Anglo-Norman insti- tution ; and when in the time of Henry VII. the Anglo-Norman colony showed a spirit of inde- pendence, its Parliament was bound hand and foot by the well-known Poynings' Law, which deprived it of all initiative and subjected it to the rigid control of the King in his Council of Eng- THE IRISH PARLIAMENT 7 land. Henceforward till nearly the close of the eighteenth century the Parliament in Dublin re- mained a pale shadow, or rather a sort of caricature, of the Parliament at Westminster. In the course of Constitutional development in England sub- jection to the King in Council came to mean subjection to the authority of the English Par- liament, and the existence in Ireland of a large hereditary revenue deprived the Legislature in Dublin of any effective control even of local finance. Cromwell's great system of a common polity for the three kingdoms perished with himself, but at the time of the Union between England and Scotland union with Great Britain would have been hailed with joy by Ireland. Even Molyneux, the father of modern Irish patriotism, only advocated the independence of the Parlia- ment in Dublin because representation at West- minster was ' a happiness he could hardly hope for.' Almost any time in the first half of the eighteenth century union would have been wel- comed if it had been accompanied, as in the case of Scotland, by the removal of the restrictions on Irish trade and industry. But the opportunity was allowed to pass, and in the second half of the eighteenth century the Protestant party in Ireland, of which the Parliament was, of course, the appanage, developed a quasi-national senti- ment which became an obstacle to union. Within the limits of the Protestant Ascendancy a strange and interesting, though in some of its features grotesque, civilization came into being. It was based on the complete suppression of by far the larger part of the inhabitants of Ireland, and could thus have no permanence, but it showed for a time no little vitality. There could hardly be a better proof of its brilliant but fleeting lustre than a roll of the famous men produced in the 8 THE HISTORICAL BACKGROUND eighteenth century by Trinity College, Dublin, the centre of its intellectual life, and, for the moment at all events, a truly national University. The list would include such names as Berkeley and Goldsmith and Burke, with Swift a little earlier, and might very well dispute pre-eminence with any similar list that Oxford or Cambridge could produce during the same period. With intellectual vigour local patriotism grew, and the American Revolution gave to patriotism at once an example and an opportunity. An army of Protestant volunteers came into existence, and in the hour of England's need, when she was hard pressed by her foes, compelled her to recognize the legislative independence of the Parliament in College Green. In the history of popular myths there is perhaps nothing more curious than the growth in Nation- alist and Catholic Ireland of the legend of Grattan's Parliament as a national institution. That Parliament was the organ of the Protestant Ascendancy, its members exclusively Protestant. It was brought into existence by a menace of armed force applied by the very section of the Irish population which is now bitterly opposed to every thought of its revival. Its birth made little difference to the actual course of Irish government, for an independent executive sus- tained by the English power held the Parliament in check. It was managed throughout by cor- ruption, and its patriotism, as Mr. Fisher, its latest historian, remarks, consisted mainly in the desire that the oligarchy should have the right to divide the spoils of Irish politics without the interference of England. It never enjoyed the confidence either of the Irish revolutionaries or of the Roman Catholic Church. Its concessions to the Catholics were made under pressure from England and were bitterly opposed by those who THE UNION 9 were afterwards strongest in their opposition to the Union. Its total neglect of the real interests of the Catholic population led to a ferocious rebellion ferociously repressed, and that rebellion speedily brought its inglorious career to an end. When the hour of judgment came the whole influence of the Church was thrown into the scale against it, and though the dumb and pros- trate multitude in all probability thought little about the matter, the evidence seems to indicate that as far as they thought at all they welcomed its destruction. Finally it was destroyed, as was only appropriate, by the same arts of corruption by which it had always lived. Never were there such strange materials for a posthumous glorifi- cation. Corruption played its part in the Scottish Union also, but that Union was a part of a statesmanlike scheme which was carried out in its integrity, and the manner of its passage did not affect its success. Pitt's policy for the Irish Union was equally statesmanlike, but through no fault of his it was not applied as a whole, and the Irish Union in consequence long remained a comparative failure. A measure which Pitt in- tended to be the death of Protestant Ascendancy gave to Protestant Ascendancy, which had been hastening to its doom, a new lease of life. The Roman Catholic majority were left unemancipated for nearly thirty years, and their shackles were only removed when, copying the example set them by their recent masters, they resorted to intimidation. The effect of this blunder in per- petuating the division of Irishmen into two camps which had resulted from the preceding history we shall see in the next chapter. CHAPTER II THE TWO NATIONS If the Union had been carried in the reign of Queen Anne, Ireland, like Scotland, would have shared in the prosperity that came to England in the eighteenth century, and with the development of a tolerant spirit as the century advanced the better class of Roman Catholics would have been admitted to political rights, and no distinct Catholic interest in the political sense would ever have arisen. Pitt's policy came late, but, even late as it was, if it had only been applied in its integrity it would probably have been successful. In either case the land question in all its hideous complexity would have remained for solution, but with the advance to democracy in the nine- teenth century a solution could have been found without perpetuating the divisions of race and religion. At the time of the Union, Roman Catholic Ireland had not yet become a single political entity ; nor had hatred of England definitely taken its place as an ingredient of national senti- ment in the popular mind. It was the agitation for Catholic relief led and organized by O'Connell that first welded the Roman Catholics into a single political body on a quasi-national basis. By combining priests and people into one great iq HATRED OF ENGLAND n league against the existing order he made them conscious of their strength, and the Church has supplied the organization and the ideals that have kept them together. As the awakening Catholic nation began to look around, it naturally saw in England the origin and fount of all its sufferings and disabilities. Though no specific pledge appears to have been given, the denial of political rights after the Union was with some reason regarded as a gross act of perfidy, and there was little consolation to be extracted from the reflection that Pitt's good intentions had been frustrated by the mad King. All the memo- ries of ancient wrong, buried deep in the minds of the people, now rose to the surface. The evils of absenteeism, the vices of the land system, the monopoly of patronage by the party of the ascend- ancy were all alike laid to the charge of the ruling country. Finally and above all the terrible calamity of the famine, the ineptitude with which it was handled by the Whig Government of the day, and the wholesale evictions that resulted from that monument of English folly, the En- cumbered Estates Act, all went to swell the indictment. Newman, when he went to Ireland in the fifties, was astonished at the disposition he found among the people. ■ One sentiment,' he wrote, ' of hatred against the oppressor manet alta mente repostum. The wrongs which England has inflicted are faithfully remembered ; her services are viewed with incredulity or resentment ; her name and fellowship are abominated ; the news of her prosperity heard with disgust ; the antici- pation of her possible reverses nursed and cherished as the best of consolations.' The progress of the Catholic movement re- awoke fanaticism in the Protestant camp in Ireland, and gave a great stimulus to the growth of the Orange body. The Protestants had, of 12 THE TWO NATIONS course, inherited a sense of common interest and of separate identity from the period of the ascendancy; and the rise of Roman Catholic Ireland as a menace to themselves and a force hostile to England naturally tended to make them forget their internal divisions. Forgetting also the jealousy of England which had once animated them, they were henceforward united in looking to her as their protector against the coming deluge. As disaffection increased and became more explicit on the Roman Catholic side, their loyalty to the United Kingdom grew ever more passionate ; and the very fact that an instinct of self-preservation lies at the root of this sentiment, so far from justifying the sneer that the sentiment is purely selfish, only makes it more real and potent as a political force. The more you analyse motives the more, it is said, they stink ; but the stink is often manufactured in the process of analysis. The outcome of the strange history which has been so rapidly sketched in the foregoing pages is that in the Ireland of to-day we have not one nation but two ; two nations with separate religions, separate ideals, separate traditions, and separate affinities. That is the cardinal fact of Irish politics and Irish society, and a fact which Englishmen, misled by the entirely false analogy of their own party divisions, never deep enough to be incompatible with a common national life, very rarely understand. The two nations in Ireland live side by side in all parts of the island as if they were merely parties, and, though the presence of a concentrated Protestant democracy in the North is a notable feature of the situation, there is no real geographical line of division ; and let it be noted that, though there is a disparity in size between the two communities, the smaller is more numerous than the whole white popu- PROTESTANT AND CATHOLIC 13 lation of the South African Union, which not many years ago made some noise in the world. The cleavage may be deplorable, and no one certainly could desire to do anything to perpetuate it ; but there it is at present, an ultimate fact of Irish politics, and the first lesson an English statesman should always be made to learn before he is allowed to prescribe for the disorders of the island. The two nations may roughly be called the Roman Catholic and the Protestant, but religion, though it supplies a convenient line of demar- cation, is far from exhausting the significance of the division. We find, indeed, in Ireland re- ligious animosities of a strength and virulence such as are nowhere else to be found in the Christian world to-day ; but that is just because the feud is far more than religious in its origin and import. Burke, who knew his Ireland well, saw its true nature. Writing of the Penal Laws passed after the Revolution he says in his Letter to Sir Hercules Langrishe : "The spirit of those proceedings did not com- mence at that era, nor was religion of any kind their primary object. What was done was not in the spirit of a contest between two religious factions ; but between two adverse nations. The statutes of Kilkenny show that the spirit of the popery laws, and some even of their actual pro- visions, as applied between Englishry and Irishry, had existed in that harassed country before the words Protestant and Papist were heard of in the world." In fact, antipathies that had their source in the long conflict between English and Irish have deepened and intensified the religious division. The struggle between landlords and tenants that i 4 THE TWO NATIONS has raged for more than two centuries, often breaking into open war, has also contributed to the capital of the feud, adding to the animosities of race and creed the still more deadly animosities of caste. Let it be noted that both nations are essentially Irish, or, if any one prefers the alternative mode of statement, that neither is essentially Irish. You have the pre-Reformation English immi- grants on the one side, the post-Reformation immigrants on the other. The Protestants have a certain strain of native Irish or Celtic blood, and in spite of the habit of leaning politically on England they are in temperament and outlook widely different from the English. On the side of the Roman Catholics the Celtic element may be predominant, but there is a very large in- fusion of Teutonic or English blood, Danish, Norman, and Saxon. The Irishman of the Pale, not the native Celt, is the typical Irishman whom everybody knows ; and if the nation to which he belongs is not truly Celtic in race, still less is it in its framework and its spiritual elements. The framework has been supplied by the Roman Catholic Church ; the ideals which are the bind- ing cement are mainly from the same source. The language, of course, is English, and English it is certain to remain, in spite of the efforts of the Gaelic League — in some of their aspects praiseworthy — to keep Gaelic alive. The inter- esting endeavour to appropriate as the heritage of the modern Anglo-Irish nations the literary and artistic traditions of the Celts is of course perfectly legitimate ; but the movement in a sense is parallel to that by which Lowland Scotland, though Saxon and Norman, has appropriated to itself or to the common national fund the tradi- tions of the Celtic Highlands. The Roman Catholic nation, however, has, in CHANCES OF RECONCILIATION 15 spite of its Norman blood, appropriated as its exclusive patrimony the ancient tale of wrong which is a heritage from the Celts ; and in the same way it has appropriated, in spite of the Pro- testant democracy and the Protestant tenantry of Ulster, the heritage of bitter class feeling be- queathed by the long land war. Thus all the animosities of race and class and creed have been blended into a strange amalgam of rancour and suspicion. Go into those counties of Central or Southern Ulster where the two democracies are most intermingled, and you will find these feel- ings in their most intense development, ever ready to blaze forth in an activity of hatred. When the Home Rule Bill was passing through the House of Commons in 1893 it was commonly believed, and apparently not without warrant, among the Protestants in those regions that their Roman Catholic neighbours were holding secret conclaves to apportion among themselves the lands they believed they had lost nearly 300 years before. The fears on one side may have been as chimerical as the hopes on the other, but the mere fact of their existence may help the Englishman to fathom the depths of suspicion that lie between the two camps. To bridge the gulf that separates these two sectarian nations and combine them into one, to unite the strength and practical ability and effec- tiveness of the North to the sensibility and imagination and enthusiasm of the South, is a noble ideal for statesmanship ; its fulfilment would heal a sore which has long poisoned British politics. It is, moreover, an ideal which is by no means unattainable from the nature of the case ; for both nations, as has been said, are essentially Irish, and between Irishmen of every creed and class and province there is at bottom a common ground of sympathy and intelligence. 16 THE TWO NATIONS In the very depths of their antagonism there is something essentially Irish. But to the realiza- tion of such ideals there is no royal road ; time alone can do the work, and the problem for the statesman is how best to co-operate with time in its healing efficacy. Invariably hitherto when the process of reconciliation has seemed to have been begun a jealous fate has stepped in to arrest or reverse it. We have seen the effect of the religious wars of the seventeenth century ; when towards the close of the eighteenth a new spirit of tolerance and comprehension was in the air, the French Revolution came to provoke reaction. Fifty years later the great calamity of the famine seemed for a moment to have brought North and South together, but the institution of the Roman Catholic hierarchy in Great Britain reawoke re- ligious fanaticism and reopened the old wounds. After the disestablishment of the Irish Church a better spirit once more began to prevail, but it fled before Parnell and his revolutionary organi- zation. Instances might be multiplied ; and history will perhaps record that not the least sorrowful is the revival of Home Rule since 1909, not owing to anything new in the circumstances of Ireland, but to the exigencies of English politics and the ambition of an English party. The marriage policy of the Roman Church, now by the recent Ne Temere decree made more rigid and exclusive than ever, has powerfully wrought against fusion ; and unfortunately the course of politics for the last quarter of a century has made the political line of division approxi- mately coincide with the traditional or religious line. In Ireland men are nearly always Unionists or Nationalists, because they were born into one or the other camp ; there are a few Protestant Home Rulers, and perhaps a larger number of Roman Catholic Unionists, but practi- UNIONIST AND NATIONALIST 17 cally the political line is also the religious. The Home Rule struggle is a struggle between two nations, the Protestant and the Roman Catholic, or, as, to avoid even the semblance of ministering to religious bigotry, they had better perhaps be called, the Unionist and the Nationalist. CHAPTER III THE GENESIS OF HOME RULE The Orangemen had been the fiercest opponents of the Union, but their opposition did not endure ; and the Protestants in general, whatever their feelings at first, soon learnt to regard the Act as the charter of their rights, and have never since wavered in their allegiance to the United Kingdom. The Roman Catholics had of course witnessed with little regret the downfall of the Protestant Parliament, and for nearly thirty years afterwards their chief pre-occupation was the question of the removal of their political dis- abilities. O'Connell, however, from the first had been sincerely hostile to the Union and had never concealed his hostility ; and when he had carried Emancipation he threw his great prestige and the political forces under his command into a movement for repeal. For the furtherance of that object he founded two societies in rapid succession in 1830, but they were both at once suppressed. The agitation proceeded fitfully for several years, but amid the excitements of English politics in that eventful time attracted less atten- tion than might have been expected. Even in Ireland itself the tithe war which was raging had more interest for the peasantry. When the second Melbourne Government came into office 18 O'CONNELL AND REPEAL 19 in 1835 dependent on the Irish vote, O'Connell suspended the agitation, declaring that Repeal was not an end but a means, and that he was willing to accept the Union if it meant justice from England. The Under-Secretary, Thomas Drummond, was then the real ruler in Ire- land, and a more successful ruler she has very rarely had ; but Drummond died in 1840, and, anticipating a speedy return of the Tories to power, O'Connell in that year founded the Repeal Association and renewed his agi- tation. He had predicted that, as a result of Catholic Emancipation, Protestants and Roman Catholics would forget their ancient feud and unite in a demand for the restoration of Grattan's Par- liament. The Protestants, however, saw that Grattan's Parliament would now mean a Roman Catholic ascendancy and showed no disposition to respond to his blandishments ; and in the elections of 1 841 the Repealers were discomfited, O'Connell himself losing his seat in Dublin. For about a year there was a lull ; but in 1842 a group of young men of literary talent, who came to be known by the name of Young Ireland, founded the Nation, and, inspired by enthusiasm for the new ideas of nationality which were then begin- ning to play their part in European politics, gave fresh momentum to the flagging Repeal move- ment. It soon, indeed, became so menacing that the Peel Government resolved to strike. A great meeting at Clontarf, which was to be the prelude to victor}', was prohibited in the autumn of 1S43, and O'Connell, who always shrank from violence except in his language, accepted the prohibition. His prestige suffered in consequence, and was hardly restored even by the blunder of his sub- sequent arrest and trial. His closing 3'ears were embittered by dissensions in his party between 20 THE GENESIS OF HOME RULE the main body and Young Ireland, anxious for a more forward policy, and when he died in 1847 Repeal was going to ruin in the great catastrophe of the famine. Young Ireland flickered out in the abortive rising of 1848; but the thought of a separate Parliament as essential to the com- pleteness of the national idea had found its way into the minds of the Roman Catholic masses and was not easily to be dislodged. It was nearly a generation, however, before another great leader appeared on the scene. For many years after the famine Ireland remained prostrate, and no one thought of the formidable power now coming into existence in the masses of disaffected Irishmen who were carrying hatred of England to their new home in the United States. But in 1858 the Fenian Brotherhood was founded, and the abortive raid into Canada at the close of the American Civil War opened the eyes of Englishmen to the magnitude of the new danger. Outrages in England deepened the impression, notably the explosion at Clerkenwell, which by the confession of Mr. Gladstone among other things blew up the Protestant Establish- ment in Ireland. The new democracy which the Reform Act of 1867 had brought into existence was disposed to be sympathetic in its attitude towards Ireland, but it was puzzled and vague, and Mr. Gladstone, who had himself never really penetrated to the heart of Irish discontent, under- took to be its guide and the interpreter of its desire that Ireland should be governed according to Irish ideas. He proclaimed the Irish Church to be the upas tree that was fatal to healthy life beneath its shadow, and carried a scheme for its disestablishment in 1869. Disestablishment did not prove to be the sovereign remedy he sought, but under the stimulus of his new policy political life revived ISAAC BUTT AND HOME RULE 21 in Ireland, and in 1870 Isaac Butt, a Dublin lawyer who had been a Conservative member of Parliament, founded an association for the pro- motion of " Home Government," which was presently developed into the Home Rule League. Butt himself appears to have invented the phrase 11 Home Rule," which has since become so famous. The new association was on a com- prehensive basis, and included Protestants and Roman Catholics, landlords and tenant-right men, Orangemen disgusted with the Act of disestablishment, and Fenians who had begun to despair of attaining their ideal of complete separation by the more direct road of a physical force policy. Ostensibly Home Rule was the revival of a federal plan with which O'Connell in his endeavours to conciliate the North had coquetted for a moment in 1844, but which the feeling among his supporters had soon compelled him to drop ; it was based, to quote a resolution of 1873, on " the principle of a federal arrange- ment which would secure to the Irish Parliament the right of legislating for and regulating all matters relating to the internal affairs of Ireland, while leaving to the Imperial Parliament the power of dealing with all questions affecting the Imperial Crown and Government ... as well as the power of granting and providing the supplies necessary for Imperial purposes." A majority of the Irish members returned in the elections of 1874 were nominal Home Rulers ; but Butt as a leader was weak and ineffective, and at the end of several years in Parliament could point to little but a series of academic debates on an annual resolution which was, of course, always rejected by an overwhelming majority of both political parties. It is doubtful, indeed, whether the bulk 01 his followers seriously desired any other result. 22 THE GENESIS OF HOME RULE In 1S75, however, Parnell came into Parlia- ment, and the extremists presently found in him a leader to their taste, one who combined with many of the instincts of the practical statesman something like a genius for destructive revolution. In combination with Joseph Biggar, who had been longer in Parliament, he discovered how to reduce obstruction to a system, and in the course of the Session of 1877 he succeeded in attracting the attention of all Ireland by the resolution with which he acted on the plan he had now formed of rendering Parliamentary government impossible. Biggar was an Ulster Protestant, Parnell a Protestant and a landlord, and these facts are suggestive ; it is a rule in Irish politics, to which there are few exceptions, the most conspicuous being O'Connell, that even revolution, if it aspires to be effective, must draw its leaders from the side of the old Protestant Ascendancy. Parnell's proceedings, however, in Parliament and their reception in Ireland speedily opened the eyes of the great majority of the Protestants who had called themselves Home Rulers, and for that matter of most of the Catholic gentry also, to the real nature of the forces which they had unwittingly been evok- ing. Subsequent developments completed their edu- cation. The harvests had been good throughout the early seventies, and Ireland had been prosper- ous; but the harvests of 1877 and 1878 were below the average, and that of 1879 was a disas- trous failure. It was about this time, moreover, that food began to be imported from America on the great scale; so that, thanks to the fiscal policy of 1846, for which Ireland was made the pretext, but which was framed with so little regard to her real and permanent interests, the farmer had to contend not only with bad harvests but also with PARNELL AND THE LAND LEAGUE 23 low prices. As distress increased, the hydra of agrarian trouble reared its head again, and Michael Davitt, an ex-Fenian, renewed the design first formulated by Fintan Lalor in the time of Young Ireland of utilizing the land question for supplying the political movement with the needed momentum. He succeeded with some difficulty in convincing Parnell, and in 1879 the Land League was founded with Parnell as its president. With Davitt's assistance an arrangement was also made with the Clan-na-Gael, the organization of the Fenians or physical-force party in America, by which they promised their support to the constitutional movement on certain conditions, the most important being the substitution for Butt's federal arrangement of a demand for self- government in general terms. Strengthened by this arrangement, which was known as the New Departure, and by the funds which it made available, Parnell went into the elections of 1880, and emerged with a personal following of nearly thirty members pledged to strict obedience and prepared to go all lengths in support of his policy. It is not necessary to tell in detail the story of the long struggle between Parnell and the forces of disorder on the one side, and the forces of government on the other, that raged throughout the period of Mr. Gladstone's second Ministry. Ireland was soon in a state of social revolution approaching to civil war. Crime and outrage were rife, Government was often paralysed, and obstruction at the same time rampant in Parlia- ment. Ministers meanwhile vacillated between conciliation and repression as a remedy for the disorders; the Land Act of 1881 was passed granting the so-called three F's, fixity of tenure, fair rent, and free sale ; then came the lurid episode of the Phoenix Park murders, which made 24 THE GENESIS OF HOME RULE so deep an impression on the public mind of England ; the Land League was suppressed and the National League succeeded ; but through all Parnell remained the uncrowned king of Ireland. Finally, as if desirous that his throne should be established, the Government, deaf to every warn- ing, insisted, when they passed the Franchise Act of 1884, on extending to Ireland the blessings of household suffrage; and thus made it possible, when the dissolution came in the winter of 1885, for Parnell to sweep the country. Before that event arrived Mr. Gladstone's Government had fallen and been succeeded by Lord Salisbury's Government of Caretakers. Mr. Gladstone had been overthrown with the aid of Irish votes, and the attitude of the new Ministry on the whole Irish question was not altogether clear. But the traditions of the Con- servative Party, as Lord Salisbury remarked on a famous occasion, were clear enough and were soon to assert themselves. Mr. Gladstone was travelling fast, and his speeches before the elec- tions indicated an open mind on the question of Home Rule. At the same time, he made his famous appeal for an absolute majority. It will be a vital danger, he declared, to the country and to the Empire if at a time when a demand from Ireland for larger powers of self-government is to be dealt with there is not in Parliament a party totally independent of the Irish vote. This appeal did not meet with the response he had hoped for; there were 86 pledged Parnell- ites after the elections and the Liberals were barely equal to Conservatives and Parnellites combined. A generation is arising which is not familiar with the dramatic history of the eventful year that followed, the heroic epoch of modern English politics. After the elections Mr, Gladstone soon MR. GLADSTONE'S IRISH POLICY 25 forgot the danger he had emphasized and only moved forward the faster on the course on which he had entered. Most of the political documents of that critical time have now been published, and we are able to see the inner working of his tortuous mind and impetuous character in his communications with his colleagues. The elec- tions were in November, and in the middle of December the world was startled by a statement appearing in the newspapers which purported to give his scheme for the settlement of the Irish question, with an Irish Parliament as its main feature. This statement, which came to be known as the Hawarden kite, was easily traced to its source in Mr. Herbert Gladstone, and, though his father at once declared it to be unauthorized and inaccurate, he gave it no explicit denial as regards its substance. When the new Parliament met in the middle of January 1886, his intentions were still uncertain and the position still unde- fined, but ten days later the Salisbury Government, which in the meantime had reverted to the policy of coercion, were defeated on a side issue by a combination of Liberals and Parnellites, and Mr. Gladstone accepted the task of forming a Ministry. The Ministry was formed not explicitly on the basis of a Home Rule programme, but on the basis of an inquiry whether Home Rule was practicable. It was clear enough, however, that the question had been prejudged, and Lord Hartington, who had never wavered in his opposition to Home Rule, refused to come in. Many other old colleagues including Mr. Goschen and John Bright, Sir Henry James and Lord Selborne, followed his example. Mr. Chamber- lain, who was committed to large ideas of local government, joined reluctantly and on conditions ; but he made it clear from the first that he was 26 THE GENESIS OF HOME RULE opposed to any scheme that would split the United Kingdom, and he resigned as soon as the Cabinet entered seriously on the task of preparing a bill. A consideration of the bill that was ulti- mately produced and of Mr. Gladstone's second bill six years later will provide material for a separate chapter. CHAPTER IV mr. Gladstone's two bills The Home Rule Bills for which Mr. Gladstone was responsible were both attempts to find for Ireland a position that should be a middle term between the existing system of the Union and the almost completely detached status of a self- governing Colony ; and that without resort to the plan which alone could have made the inter- mediate position logical in theory or tenable in practice — the adoption of a federal polity for the United Kingdom as a whole. The bill which he introduced in April 1886 was the further removed from federalism and the nearer to the type of colonial constitution. It provided for the estab- lishment of a Legislature in Ireland of a very curious pattern. This body was to consist of two Orders sitting together and voting together also in the usual course : one Order composed of 103 members, the 28 representative peers, and 75 members elected for a term of ten years by scheduled electoral districts on a £25 franchise ; the other of 204 members, elected as at present, two from each existing constituency. 1 With the object of providing a safeguard for the rights of the Irish minority, either Order was to be given 1 There are 103 Irish members, but two of them are returned by Dublin University, which was to retain its present representation. 27 28 MR. GLADSTONE'S TWO BILLS the privilege of demanding a separate vote, so that either should by a majority be able to veto the action of the other. The veto, however, was to be terminated after three years or a dis- solution, and the question then to be decided by a joint vote of the two Orders. The new Legislature was to possess all powers that were not expressly withheld — in that resem- bling an American state rather than a Canadian province— but the list of exceptions and restric- tions was long. All matters of Imperial interest, including defence and naturalization, trade and navigation, coinage, copyright, and patents, and the postal and telegraph service outside Ireland, were withdrawn from its jurisdiction ; and within the bounds of Ireland it was precluded from establishing or endowing any religion, imposing disabilities on account of religious belief, or im- pairing freedom of access by children of all denominations to schools in receipt of public money. If any provision of an Irish Act seemed to be ultra vires the Lord-Lieutenant or a Secre- tary of State could refer it to the Judicial Com- mittee of the Privy Council in London, and any party to an action in which such a point arose had the same right of reference. There was, of course, to be an Irish executive responsible to the Irish legislature, but the Royal Irish Constabulary, while that force subsisted, was to remain under the control of the Imperial authorities. The Irish legislature was, however, to have the power of providing for the establish- ment of a local police force under the control of local authorities ; and in the meantime Ireland was to contribute £1,000,000 annually to the cost of the Imperial police, the total cost at the time being £1,500,000. The financial arrangements were complex, but it is only necessary to touch on a few of the IRISH MEMBERS AT WESTMINSTER 29 salient points. Customs and excise, which repre- sented three-fourths of the Irish revenue, were to be retained under the control of the Imperial Parliament and Government ; but all other taxes were to be under Irish control at once. The Irish share of the National Debt was taken at £48,000,000, and the contribution to Imperial expenditure, defence, civil list, and so forth was reckoned on the same scale as one-fifteenth part of the whole, though Parnell had contended strenuously for one-twentieth or one-twent}^first. The pro- portion adopted would have meant a contribution of about three and a quarter millions annually, but, if allowance is made for excise paid in Ireland on liquor and tobacco consumed in Great Britain, Lord Morley has calculated that the net contribu- tion would have been no more than £1,850,000. With the Home Rule Bill was coupled a bill for the settlement of the land question by the aid of Imperial credit, on the basis of giving to land- lords the option of sale at twenty years' purchase. But this bill was stillborn, being unpopular in all quarters, and it is not worth while to linger over its complex provisions. The most striking feature of the Home Rule Bill of 1886 was the total exclusion of the Irish members from the Imperial Parliament, except for the purpose of a revision of the new con- stitution. If the new constitution had been of the pure Colonial type this would have been logical enough, but as certain powers commonly granted to the self-governing colonies were with- held from the Irish legislature — for instance, the right to deal with defence, fiscal policy, and naturalization — the exclusion of the Irish members deprived Irishmen of all voice in questions that concerned them deeply and placed their country to that extent in the position of a dependency. The Irish contribution to Imperial expenditure, 3* 30 MR. GLADSTONE'S TWO BILLS in flagrant disregard of the old English principle of no taxation without representation, helped to bring the dependent status into clearer relief. At the same time the absence of the Irish members from Westminster gave to the whole scheme viewed in its Imperial aspect a separatist complexion ; and this was one of the main argu- ments which Mr. Chamberlain pressed in the Cabinet, and the overruling of which determined his resignation. From the day that he resigned the bill was practically doomed. In spite of its exceptions and restrictions it was regarded as a great and revolutionary experiment. The recollection of recent outrages and of Mr. Gladstone's denuncia- tions of them was still fresh in the public mind, and the policy of surrendering Ireland to the control of the very men who had been the pro- pagandists of disorder was too cynical to be tolerated. Through the exertions and under the leadership of Lord Hartington and Mr. Goschen, Mr. Chamberlain and Mr. Bright, and other prominent men, a large Liberal and Radical secession was organised, and the bill, after a memorable debate, was rejected on the second reading by 343 against 313, 93 Liberals voting in the majority. Mr. Gladstone met his Cabinet on the following day with a list of twelve reasons for dissolving rather than resigning, and dissolu- tion was the course adopted. An arrangement had been made by which the seats of seceding Liberals were not to be contested by Conserva- tives, and in the result, notwithstanding the transfer of the Irish vote to Mr. Gladstone's side, 316 Conservatives were returned, with 74 Liberal Unionists, the two together having a majority of 1 10 over Home Rule Liberals and Parnellites combined. Mr. Gladstone was undisma3 r ed, and at the age THE BALFOUR POLICY 31 of seventy-seven set out to convert the country to his newly found faith. Lord Salisbury, after offering to serve under Lord Hartington, formed a purely Conservative Ministry ; but all Govern- ments dependent on a composite majority are in a precarious position, and the new Government at first did not seem to prosper. When it had existed a few months Lord Randolph Churchill, who had risen by a meteoric flight to the leader- ship of the House of Commons, capriciously resigned, and the blow at first seemed so serious that Lord Salisbury offered to make way for Lord Hartington as Prime Minister. Lord Randolph's place, however, was filled by the Liberal Unionist Mr. Goschen and the difficulty overcome. Then came an attempt, promoted by Sir William Harcourt and known as the Round Table Conference, to bring back Mr. Chamberlain and his Radical followers to the orthodox Liberal fold, but it ended in failure. Ireland in the meantime was again getting out of hand, Mr. Dillon and Mr. O'Brien having launched in the autumn the famous Plan of Campaign, a device by which rents, subject to an abatement fixed by the tenants themselves, were offered by them in a body as payment in full, and if refused by the landlord handed over to a committee for the purpose of the struggle. The turning point came when Mr. Balfour in an auspicious moment was appointed Chief Secretary in succession to Sir Michael Hicks Beach, who had been compelled for reasons of health to relinquish that office. By his steady and fearless administration in Ireland and his imperturbable demeanour in presence of the Nationalists in Parliament Mr. Balfour obtained the mastery in no long time of the forces of disorder and made himself in the process one 32 MR. GLADSTONE'S TWO BILLS of the foremost men in politics. And when peace had been restored in Ireland he turned his attention to the material needs of the country and laid the foundations of that happily named Balfour policy which, continued by his successors under his guidance and inspiration, has done so much to give us the prospering Ireland of to-day. Then came the dramatic episode of the Parnell Commission, followed by the divorce proceedings, wmich led to a schism in the Nationalist Party and the leader's dethronement and death. If the former incident gave a stimulus to the Home Rule cause the latter provoked reaction, and the two may thus be said to have balanced each other, rarnell died in 1891, and the General Election came in the summer of 1892. In spite of the success of the Conservative Administration in Ireland, the swing of the pendulum destroyed the Unionist majority and Mr. Gladstone came back to power at the age of eighty-three at the head of his fourth Government. He had expected a great victory, but his majority was only forty- two, even with the aid of over eighty|Nationalists, Parnellites comprised. In the Session of 1893 he introduced his second bill and, in the face of many difficulties, succeeded in carrying it through the House of Commons. The steadiness of the small majority was the first notable illustration of that power of party dis- cipline to which we are now growing accus- tomed ; though it was commonly said at the time, and probably with truth, that many Liberals would have revolted but for their knowledge of the fact that the House of Lords would do the work they feared to do themselves. The bill as it left the House of Commons differed in some important respects from the bill as it had been introduced, and in many still more important THE BILL OF 1893 33 from the bill of 1886. The subordinate character of the new Legislature was now emphasized by a declaration that notwithstanding anything in this Act contained, the supreme power and authority of the Parliament of the United Kingdom of Great Britain and Ireland shall remain unaffected and undiminished over all persons, matters, and things within the Queen's dominions. The de- vice of the two Orders sitting together was abandoned, and there were to be two Houses sitting separately — one a Council of 48 elected by large constituencies on a £20 franchise for a term of eight years ; the other an Assembly of 103 members elected as at present. Questions at issue between the Houses after two years or a dissolution were to be decided by a joint vote. The list of exceptions and restrictions was longer and more explicit than in the previous bill and included a disability on the part of the new Legislature to deal with the land question for a period of three years. The arrangement with regard to the police was much the same as before. In the matter of finance the provisions were less favourable from the Irish point of view than those of 1886. For a period of six years all exist- ing taxes were to remain under the control of the Imperial Parliament and Government, though the Irish Legislature was to have powers of addi- tional taxation in aid of its special revenue. Customs and excise were to be permanently beyond its purview. F*or six years the contri- bution to Imperial expenditure was to be one- third of the Irish revenue raised on Imperial taxation, after allowance had been made for taxes raised in Ireland on articles consumed in Great Britain and vice versa. This arrangement, it is estimated, would have meant in the first year a contribution of over two millions and a quarter, 34 MR. GLADSTONE'S TWO BILLS a good deal more, it will be seen, than the real contribution of 1886. Ireland was also to pay her share of any special taxation imposed by Parliament for the purpose of a war ; and we can imagine the situation that would have arisen under this provision in 1899. But it is now generally admitted that the financial arrange- ments altogether would have proved completely unworkable, and would in no long time have landed Ireland in bankruptcy. The most remarkable new feature of the bill of 1893 was the retention of the Irish members to the number of 80 at Westminster. It was felt that their total exclusion in 1886 had proved indefensible, and opinion had been definitely setting towards the other solution. All pretence was now abandoned that a grant of Home Rule would put an end to the Irish question, even to the extent of withdrawing it from the daily con- templation of the Parliament at Westminster, and so enabling that Parliament to bury its head in the sand. In the second bill as introduced, in order to avoid the anomaly of allowing the Irish to meddle in the affairs of England and Scotland while Englishmen and Scotsmen were debarred from meddling in theirs, the Irish members were to be retained for Imperial purposes only. But this, which came to be known as the In and Out arrangement, still left the paradox that the Government which was the local executive for Great Britain would be at the mercy of Irish votes ; and the plan of making the Imperial Par- liament at once the central and a subordinate Legislature in a federal system proved so ludicrous when examined that it was abandoned in Committee amid general laughter. The 80 Irish members were retained for all purposes, in spite of the paradoxes and anomalies which this course involved. END OF THE STRUGGLE 35 Everybody knew that this fantastic constitution had no chance of survival. Feeling in Ulster had been running higher, if possible, than in 1886, and the province was organized for resistance if the need should arise ; but even apart from the opposition of Ulster and the Irish Unionists, the scheme was condemned in advance. There was a certain air of unreality about the whole pro- ceeding, and on the side of the bill probably no one but Mr. Gladstone was very much in earnest. When the Bill went to the House of Lords it was at once rejected on the second reading by an enormous majority. Mr. Gladstone we now know wanted shortly afterwards, when the House of Lords had asserted itself on a couple of other bills, to take up the challenge and go to the country ; but the great majority of his colleagues showed a truer appreciation of the temper of the public, and a little later he retired. Under Lord Rosebery as Prime Minister the Liberals struggled on for another twelve months, the new leader beginning his career by promulgating the doctrine that Home Rule was impossible till the predominant partner should be converted, a condition, it may be noted, which has not yet been fulfilled. When the dissolution finally came in 1895 the action of the House of Lords was ratified by a great majority, and the first Home Rule struggle came to an end. It had lasted, like the war of Troy, if we reckon from the general election of 1885 to that of 1895, for a period of ten years. CHAPTER V THE AGRARIAN REVOLUTION The peculiar system of land tenure which pre- vailed in Ireland before the legislation of the last forty years was, like many other evils, a heritage from the troubled history and abnormal social conditions of the seventeenth and eighteenth centuries. The wholesale confiscations of the seventeenth century, the presence of a conquered race kept in a state of serfage by the barbarous Penal Laws of the eighteenth, the excessive pressure on the land and minute subdivision of holdings that were caused by growth of population, by absence of industrial openings, by the natural land hunger of the peasantry, and by the frequent clearances for pasture ; and, finally, the fact that as often as not the real proprietor was an absentee who let the land to a middleman or left to an agent on the spot the task of extorting the utmost from the miserable tenants — all these things combined to build up a system of which rack rents, arbitrary evictions, and the habitual confiscation of the tenant's improvements were the inevitable incidents. The Irish landlord as a rule was nothing but a mere rent receiver who let bare land, not farms in the English sense, so that the tenant's improve- ments usually included everything from the 36 evils of the land system 37 dwelling downwards that formed the equipment of the holding ; yet, as the tenant was usually a tenant at will, all was at the landlord's mercy. Human nature, indeed, showed itself better than the system, and the bad landlords who pushed their legal rights to the point of tyranny were always in a minority ; but laws must be judged by what they render possible, and judged by this test the Irish land laws were thoroughly bad. The Scottish and English farmers who had settled in Ulster suffered for a time hardly less than their neighbours, and landlord oppression was one of the main causes that drove them in shoals in the eighteenth century across the Atlantic, there to be the bitterest and most potent enemies of England when her hour of trial came. But by the time of the Union the Protestant farmers of the North had, not without resort to violence, succeeded in establishing the well-known Ulster custom, which acted as a barrier against arbitrary eviction, and recognized on the part of the tenant a right to a certain saleable interest in his holding created by his own improvements. This was the beginning of the dual ownership which was to become the general rule in Ireland ; and, indeed, the history of the land question in the nineteenth century is to a great extent the history of efforts, in the end successful, to make the Ulster custom general. In 1845 the Devon commission appointed by the Peel Government discovered that the root of the whole agrarian mischief was the confiscation of the tenant's improvements by the process of raising the rent, and recommended legislation. A Bill was introduced • by Lord Stanley in the House of Lords, but it was speedily dropped. Then came the famine, followed by the Encumbered Estates Act, passed in 1849, in the heyday of laisser-faire and the contractual ideas which were so long the 38 THE AGRARIAN REVOLUTION gospel of English Liberalism, but of such evil import for Ireland. The act was inspired by Peel, who is often described as the typical English statesman, and was certainly typical in his inability to understand the Irish question, an inability which some think he transmitted to his pupil Gladstone. His intentions in this case were excellent, but the effect was to sweep away many of the old proprietors who had kindly relations with their people and had stood by them in the famine, and to substitute a new race of mercenary landlords who thought only of extorting their legal pound of flesh and ignored all customary and traditional rights in the process. Wholesale evictions followed, affecting in three years over 300,000 people. The Encumbered Estates Act helped to make agrarian revolution inevitable ; and the bitterness of that time has done as much as anything in all the bitter memories of Irish suffering and woe to swell the hatred of England both in Ireland itself and among the Irish who carried their wrongs to America. The tyranny of the exterminators, as the evict- ing landlords were called, led to a tenant-right movement which united North and South in a short-lived combination, but nothing was accom- plished. During the brief Derby-Disraeli Govern- ment of 1852 a bill granting to the tenant com- pensation for his improvements was read a second time in the House of Commons ; but the Govern- ment fell, and it was heard of no more. Then came reaction, and in i860 the Deasy Act pushed the fanaticism of contract and of freedom to evict to its furthest limits. Ten years later, however, the revolution began, the Gladstone Act of 1870 recognizing the Ulster custom, and similar customs where they existed, and awarding com- pensation for disturbance and improvements ; THE THREE PS 39 but the act was so hedged in with exceptions and limitations that it proved a comparative failure. The failure was for a time disguised by the prosperity of the early seventies, but when bad times came the act did not prevent a land war, which was intensified by the fact that the preced- ing prosperity had led to an increase of rents. The land war soon extorted, as Mr. Gladstone himself confessed, the act of 1881, which estab- lished dual ownership without any disguise as the basis of the Irish land system. This act conceded the so-called three F's — fair rents fixed by a judicial tribunal and revised at intervals of fifteen years ; fixity of tenure as long as the rent was paid ; and free sale of the tenant's interest. Two judicial terms have now been com- pleted since the act came into operation, and the total reduction of the old rental shown by the second-term rental after two judicial hearings is about 36 per cent. Acts passed by Mr. Balfour in 1887 an d l %9 1 extended to leaseholders the benefits of judicial rents; and, in spite of the great progress of state-aided land purchase, nearly half the land of Ireland is still held under the system of dual ownership established by the act of 1881, with its subsequent amendments. To land purchase we now come ; it is the distinctive Unionist policy for the solution of the Irish land problem. John Bright was one of the first to urge the creation of a peasant pro- prietary, and through his influence clauses were introduced into the Church Act of 1869 and the Land Act of 1870 making public money available for the furtherance of this policy. The tenant, however, was to find a substantial proportion of the purchase money, and this and the onerous terms made the clauses of little effect. The purchase provisions of the act of 1881 were no more successful ; and the first really happy 4o THE AGRARIAN REVOLUTION ■ attempt to find a solution of the problem was the Ashbourne Act passed by Lord Salisbury's first Government in 1885. It advanced five millions on the principle of the state providing the whole of the purchase money and the tenant repaying by an annuity at the rate of 4 per cent, for 49 3jears, 3 per cent, interest and 1 per cent, sinking fund. On the average number of years' purchase this represented a substantial reduction of the old permanent rent, and the act was so popular that the money was soon all applied for. When Lord Salisbury came back to power a second Act was passed in 1887 providing another five millions; and by the operation of the two 25,000 tenants out of a total in Ireland of 550,000 became tenants of the State with no remote prospect of possess- ing their land in freehold. Experience of the Ashbourne Acts showed that the Irish " purchasing" tenant paid his annuities with marvellous regularity and that the risk of loss to the State was infinitesimal. Emboldened accordingly, Mr. Balfour carried his great Act of 1 89 1 empowering the loan of £33,000,000 for the extension of the purchase policy. The landlord was now to be paid in 2| per cent. Guaranteed Land stock, exchangeable for Consols, and as the tenant's annuity was to remain at 4 per cent, of the purchase money, i£ per cent, was now avail- able for sinking fund and the term of redemption was reduced to 42 years. The same act created the Congested Districts Board, with special powers and special funds, which has done so much to change the face of the West of Ireland. Under this act and an amending act of 1896, nearly ^14,000,000 was advanced for the benefit of 47,000 purchasers. When these acts were passed Government Stock was at its apogee, and payment in stock therefore popular, but with the fall of the 2% per THE WYNDHAM ACT 4 t cent, stock decidedly below par, that began about the time of the South African war, purchase came to a standstill. The tenants who had already purchased were in a privileged position, and the cry of compulsion began to be raised against the landlords. Another method, however, was found. Sir Horace Plunkett, greatly daring, had tried in the Recess Committee of 1895 the experiment of a conference between Irishmen of all parties for practical and constructive work, and carried it to a successful issue; and in 1902, on the initia- tive of Captain Shawe-Taylor, the experiment was repeated in the form of a conference between leading representatives of landlords and tenants. Within a few weeks the conference had produced a unanimous report urging the completion of the work of purchase as the only solution of the land problem, and suggesting a scheme by which, without resort to compulsion, the work might be completed on terms satisfactory both to landlords and tenants. Mr. Wyndham, who was Chief Secretary, took the matter up and carried his famous Act of 1903. As compulsion against the landlord was out of the question, the method of inducement was tried in its place. He was now to be paid in cash, and was to receive for his own use, clear of rights under settlements, a cash bonus of 12 per cent, on the amount of the purchase money, a sum of £12,000,000 being provided as a free gift from the Imperial Exchequer for the payment of this bonus. Estates Commissioners were appointed for the administration of the act, and estates were to be sold as a whole or in such units as the Commissioners might agree to accept, the tenants acting in a body. Everything possible was done to make the procedure automatic and to eliminate the technical difficulties of proving title and so forth which had impeded the working of previous acts. It was estimated that the total 42 THE AGRARIAN REVOLUTION sum required under the act would be £100,000,000, and this sum, which can now be seen to have been a serious under-estimate, was to be advanced at the rate of £5,000,000 annually, the money to be raised by the issue of two-and-three-quarters per cent. Guaranteed Land Stock. The annuity paid by the tenant was now to be 3^, not 4 per cent., and as only J per cent, was thus available for sinking fund, the period of redemption was extended to 6S% years. The act was enormously popular, both with landlords and tenants, and agreements were speedily lodged far beyond the powers of the Estates Commissioners to deal with them, and still farther beyond the powers of the Treasury to advance the money. At the date of the latest return well over £40,000,000 had actually been advanced for the benefit of 120,000 tenants; and agreements representing nearly the same amount and the same number of purchasers were " pend- ing " till the money should be available for their completion. But for the great fall in the price of Government securities, the Wyndham Act would have supplied a final settlement of the Irish land problem, and the end of the long and weary story would now be well within sight. But the act, if not needlessly generous in its terms, can certainly now be seen to have been improvident in its finance. The abandonment 01 the old four per cent, annuity, which had proved so successful and to which Ireland had grown accus- tomed, was probably unnecessary, and, if un- necessary, a mistake. Experience, indeed, has shown that the Irish tenant cares little about the length of the period of redemption ; he thinks a great deal of the immediate reduction which the annuity offers on his rent, not of whether it is to cease in the time of his son or of his grand- son. But 4 per cent, offered an ample reduction THE ACT OF 1909 43 on the rent, and with 4 per cent, in hand it would have been easy to solve the problem created by the fall in Land Stock by an extension of the period of redemption. As it is, a standard was set up which it has not been possible in practice to maintain, and which it may not be easy ever to restore. It had been assumed that Irish Land stock would not fall below 95 ; it is now 78. To save the Treasury from loss through the issue of stock below par, differences were to be made good out of the fund called the Development Grant, and when that was exhausted out of various grants in aid of rates. The two-and- three-quarters per cent. Land Stock fell so heavily from the first that by 1909 the Develop- ment Grant was on the point of exhaustion, and if the Irish ratepayer was to be saved it became necessary to legislate. The Birrell Act was accordingly passed revising the terms for future agreements. The landlord was now to be paid in three per cent, stock at its nominal value, the tenant's annuity to be raised to 3J per cent., the period of redemption to be slightly reduced, and the bonus to be awarded on a new set of principles. A proposal to give the Estates Commissioners general powers of compulsion was abandoned in committee, but large com- pulsory powers were given to the Congested Districts Board, with extension of its jurisdiction to a new statutory area representing a third of Ireland. It is commonly said in Ireland that the act was intended to stop land purchase, and except in the congested area where compulsion can be applied it has certainly had that effect. The financial situation called imperatively for changes, and the changes introduced were based on the report of a Treasury committee ; but the committee did 44 THE AGRARIAN REVOLUTION their work in the spirit of accountants, and no attempt was made to revise their recommenda- tions in the spirit of the statesman. The act, which was forced through with very little dis- cussion, was rather Mr. Dillon's than Mr. Birrell's Act, and Mr. Dillon had never concealed his dislike of the Wyndham Act and his anxiety to obstruct its working. It was this attitude of his that led to the revolt of Mr. O'Brien, for Mr. O'Brien was a member of the Land Con- ference of 1902 and has remained loyal to his engagements. It is obvious, however, that land purchase must in no distant future be carried to a con- clusion. The present position is one of most unstable equilibrium. On this side of a fence there is a judicial tenant paying, say, a rent of £30 in perpetuity ; on that, a purchasing tenant paying for a similar holding an annuity perhaps of £20 for a limited number of years, with the knowledge that he is in the fair way towards the acquisition of the freehold. About £200,000,000 from first to last will be required to purchase Ireland. About £70,000,000 has been already advanced and nearly £40,000,000 more will be advanced under the act of 1903 as the funds become available. Thus, if we include pending agreements, more than half the land of Ireland is dealt with already, and means will have to be found for dealing with the remainder. But, whatever the means adopted for carrying- it to a conclusion, the agrarian revolution, even in the stage it has reached, has produced effects in Ireland of which it is impossible to exaggerate the significance. Materially and morally, socially and politically, it is changing the face of the country and transmuting all the elements that compose the Irish problem. The land question has always been the principal spring of Irish A CHANGED SITUATION 45 discontent, and supplied the real driving power of Irish agitation ; but it has now lost most of its virus as a poison and its energy as a motive power. Habit is strong, and a little time will be required for the political consequences to declare themselves in full. But if the present attempt to unsettle everything by a policy of despair fails, as it assuredly will, the Irish problem, on the next occasion when it calls for our attention, will have assumed a very different and far more hopeful aspect. CHAPTER VI IRELAND DURING THE TRUCE Until a quarter of a century ago Ireland could never succeed in getting her grievances redressed except when she called attention to them by out- rage and agitation. Since the Unionist party came into existence in 1886, and especiall} 7 since it first began to look to Mr. Balfour for guidance on Irish matters, it has shown not only a readi- ness to redress grievances when presented, but an eagerness to seek them out ; and has evolved a great constructive policy which, as has already been said, is changing the face of Ireland. It is the tendency of Liberalism to place constitutional reform, or what it is pleased to regard as con- stitutional reform, before the less show}' and ambitious work of improving the condition of the people ; and in Ireland more than elsewhere this has always been an inversion of the true order of procedure. The Unionist party have never made any similar mistake. " Of the remedial measures," said Lord MacDonnell on a recent occasion, 11 that have been introduced in the course of the last twenty years the great majority were intro- duced by the Unionists, who should get the credit. From Mr. Balfour's arrival in Ireland up to the present day a great succession of beneficial acts have been passed, and we should admit that, 46 THE RECESS COMMITTEE 47 however Ireland has suffered in the past, the day of her regeneration has now arrived. ' From 1892 to 1895 the Liberals did nothing for Ireland but pass through the House of Commons a Home Rule bill which, as few would now care to deny, would have proved a disastrous failure. When the Unionists came back to power in 1895 they proceeded with the development of their positive and constructive policy. The conditions were favourable in Ireland itself. All parties were exhausted by the long struggle over Home Rule, and were ready to turn their attention from questions of abstract politics to concrete measures of practical reform. One of the earliest ex- pressions of the new spirit in the air was Sir Horace Plunkett's Recess Committee, of which mention has already been made, and on which Protestants and Roman Catholics, Orangemen and Nationalists worked harmoniously together. It led to the creation, by an act carried a few years later under Mr. Gerald Balfour, of the Department of Agriculture and Technical In- struction, which has done admirable work for Ireland. In the meantime Sir Horace Plunkett's volun- tary movements for the promotion of co-operation and the organization 01 agricultural credit were making steady progress in the favourable atmo- sphere which land purchase was creating; and the country, as was shown by every test that could be applied, was growing in prosperity. All these things tended to induce a better feeling ; and even the report of a commission on the financial relations between Great Britain and Ireland which had been appointed by the Liberal Government in 1894, but which did not finish its labours till 1896, helped in its way to bring men together and fix their attention on questions of material interest. This now famous report was 48 IRELAND DURING THE TRUCE a very curious document. It was founded on the Home Rule principle of looking not to the in- cidence of taxation on the individual or even on classes, but to its incidence on Ireland as a distinct financial unit ; and yet, while regarding Ireland as a separate fiscal entity for purposes of taxation, it declined so to regard her for purposes of expenditure. Ireland, according to the com- mission, was contributing an excessive share of the revenue of the United Kingdom ; her share of the expenditure was also excessive, but this fact, which is more conspicuously a fact at the present moment, they refused to admit as a set- off. A report framed on such principles is not of much value ; but it has become one of the sacred books of Nationalist Ireland, and has not been without influence even on the Unionist side. The real grievance which underlay the muddled conclusions of the commission, but which it failed to discern, is, as is shown by Miss Alice Murray, the author of the classical work on the commercial and financial relations between England and Ire- land, the fact that taxation in the United Kingdom as a whole presses with undue weight on the class of the very poor which is so numerous in Ireland ; and the true remedy would be such a reduction of the taxes on tea, sugar, and tobacco as Tariff Reformers propose. The Financial Relations report gave to Home Rule a new motive and a new bias which will be very far from facilitating the task before the present Government. But it was, of course, ignored by the Unionist Government of the day, and the excitement caused by its appearance soon died away. The chief measure of the following years was Mr. Gerald Balfour's Local Govern- ment Act of 1898, which extended to Ireland the reformed English system of local administration. As regards the county councils, at all events, it DEVOLUTION 49 may be said that the new system has not been a failure, but the rural district councils have a far more dubious record. During the years of the Boer War Irish politics received little attention, though the Nationalist factions came together in 1900, under the leader- ship of Mr. Redmond. The fine performance of the Irish regiments which led to the famous visit of Queen Victoria to Ireland in the last year of her life had the effect, indeed, of presenting Irishmen in their best light to the democracy of Great Britain, and was followed with admiration by many in Ireland, whose admiration would have been even greater if the regiments had fought on the other side. After the war came the Land Conference, of which the story has already been told. Lord Dunraven had been its chairman, and its success prompted him to found an Irish Reform Associa- tion, of which he became the president and which proceeded to develop a scheme of devolution. Under this scheme the control of Irish internal expenditure was to be handed over to an Irish Council, and at the same time an Irish Assembly was to be established in Dublin with the initiative in Irish Bills. The scheme was known to enjoy the patronage of the Under-Secretary, Sir Antony, now Lord, MacDonnell, and Mr. Wyndham, the Chief Secretary, was believed at first to be sym- pathetic. But a storm among the Irish Unionists and their supporters in Great Britain compelled its abandonment, and led in no long time to Mr. Wyndham's resignation. Unionist devo- lution had been overtaken by the fate that has invariably pursued middle movements in Irish politics. The Nationalists meanwhile had remained profoundly indifferent, but they were soon them- selves to be assailed in the rear by the extremists 5 o IRELAND DURING THE TRUCE of their own side. They had become suspect of being Laodicean ; and a party which called itself Sinn Fein, " Ourselves Alone," and which in a sense carried on the tradition of Young Ireland and the Fenians, arose to preach independence in a more aggressive spirit. The aim of the Sinn Feiners was the establishment of a national Government in Ireland ; or, as they themselves preferred to say, the re-establishment of a national Government, though when in the history of the country such a Government had existed they did not explain. They proposed to achieve their purpose not by physical force but by a policy of national boycott. The principle of Ireland for the Irish was to be asserted in every way, recruiting was to be stopped, English goods were not to be bought, nor as far as possible any articles paying duty to the English exchequer. Above all, profoundly distrusting the Parlia- mentary movement, Sinn Fein insisted on the complete withdrawal of the Irish members from Westminster and the institution in Dublin of an annual assembly invested, if not at first with legal, at least with moral authority. This programme of course was a counsel of perfection, but for some time Sinn Fein met with great success and seemed to be becoming for- midable. It was helped by the General Election of 1906, which brought the Liberals back to power with a majority independent of the Nationalist vote. Before the election Home Rule had been formally excluded from the pro- gramme of legislation during the period of the coming Parliament. Lord Rosebery had repudi- ated it many years before, and his followers, Mr. Asquith, Sir Edward Grey, and Mr. Haldane, had reduced it to something that fell very far short of the conception of " national self-govern- ment." Thus the admission of the Liberal HOME RULE BY INSTALMENT 51 Leaguers to the Campbell-Bannerman Cabinet was regarded in Ireland as a blow to Parlia- mentary Nationalism. Home Rule, however, was still, in Mr. Churchill's phrase, " the adopted child " of the Liberal party, though it might be treated as a foundling ; and it was thought necessary to make a show of performing parental duties. " Home Rule by instalment " was re- garded as consistent with the pledges that had been given before the elections, and in 1907 Mr. Birrell introduced an Irish Council Bill con- taining a scheme of devolution. The hand of Lord MacDonnell, the great apostle of this remedy, was once more apparent. An Irish Council was to be created of 107 members, 82 of them elected, and was to have control of local government, the Congested Districts Board, the Department of Agriculture, Public Works in Ireland, and the systems of primary and inter- mediate education. For these and other minor purposes it was to have the administration of an annual revenue of over £4,000,000. Mr. Redmond blessed the bill, but he reckoned without Ireland. The Unionists were, of course, opposed to a policy which they regarded as a first step in the direction of Home Rule ; but from its opposite point of view Sinn Fein, which was now at the height of its influence, was no less opposed and denounced the bill as com- promising the national demand. The Roman Catholic Church disliked the proposal to transfer the control of education to a popularly elected body, and when a Nationalist convention assembled to consider the new proposal Mr. Redmond, who, it is said, came down with two speeches, found the feeling so strong that he was compelled to swallow his pride and move the rejection of the bill. Lord MacDonnell is still found preaching his favourite remedy, like 52 IRELAND DURING THE TRUCE a prophet in the wilderness ; but the Liberal experience ot 1907 teaches the same lesson as the Unionist experience of 1904, that, whatever its merits or demerits in the abstract may be, devolution is the line oi greatest, not the line of least, resistance in Irish politics. It is despised and suspected by both the Irish nations. Unionist Ireland fears it as the first step towards Home Rule ; while Nationalist Ireland turns away with suspicion and contempt from a measure falling so far short of the " national " ideal. In the following year Mr. Birrell succeeded in carrying a measure in satisfaction of the demand of Roman Catholic Ireland for University educa- tion, the only solid contribution made by the Liberal Party to the settlement of the Irish question since Mr. Gladstone's Land Act of 1881. The problem was difficult and Mr. Birrell's solu- tion very far from perfect. The success of the new Roman Catholic University in Dublin is still open to doubt, and by establishing a separate University in Belfast Mr. Birrell's Act emphasized the isolation of the North. But it at least put an end to the last genuine grievance of the Roman Catholics in Ireland, and one could wish that this had been done by a Unionist Government. Meanwhile a curious and interesting fermenta- tion, full of promise for the future, was visible in Irish life. The country was steadily advanc- ing in prosperity, religious passions were abating, old barriers breaking down ; new forces were at work, new ideals taking shape, and the various spiritual elements involved in the fermentation seemed likely to coalesce into a genuine national sentiment. The Gaelic League was endeavouring, with much extravagance, it is true, but with much also that was praiseworthy in its purpose NEW FORCES AT WORK 53 and methods, to revive the Irish language and kindle interest in the lore and traditions of Celtic Ireland. The Irish literary movement and the Irish movement in art — for such a thing there is— were less dubious products of the same fruit- ful spirit. Sinn Fein itself, however sinister or impracticable its aim of complete political in- dependence, was preaching moral independence with tonic effect, and was bringing into con- tempt the barren politics of Nationalism. With the growth of an independent spirit, the weaken- ing of central control, and diminished financial support, the Nationalist Party itself, that great and effective weapon of political disintegration which had been forged by Parnell, was losing its potency. Even in the Unionist camp new tendencies were visible. Liberalism in Ulster reared its head again, and among the Orangemen themselves the new spirit was at work effacing traditional lines and confusing traditional issues. Sir Horace Plunkett's beneficent movement, which was as much moral as economic in its purpose and significance, was active in the North as well as in the South, breaking down barriers of race and class and religion, and uniting Irishmen of every type in practical and constructive work for the real good of their country and to the neglect of abstract politics. We shall see in the next chapter how this picture has been darkened by the revival of Home Rule. CHAPTER VII THE REVIVAL OF HOME RULE When in April, 1908, Mr. Asquith succeeded Sir Henry Campbell-Bannerman as Prime Minister and Leader of the Liberal Party Home Rule seemed to have been given the last and fatal blow and to have passed out of the domain of practical politics. The new leader had never repudiated the policy expressly, like his political mentor Lord Rosebery, but in his Liberal League days he had made it an affair of " two governing principles" — "the necessity of maintaining the universal, absolute, and unimpaired supremacy of the Imperial Parliament, and, subject to that condition, the policy of giving as large and as liberal a devolution of local powers and local responsibility as statesmanship can from time to time devise." This fell very far short of Glad- stonian Home Rule, and still further short of the Irish ideal of " national self-government." Just before he became Prime Minister, in a speech in the House of Commons on a motion of Mr. Redmond's, Mr. Asquith had defined his Home Rule faith as a conviction that " the ulti- mate solution of the Irish problem can only be found in a system of self-government in regard to purely local affairs." The speech and the whole debate caused bitter disappointment in the 54 MR. ASQUITH'S SURRENDER 55 Nationalist camp, for Mr. Asquith had the reputa- tion of being a hard man, and the malleability which he has since shown was not then suspected. But there was soon for those who noted it to be a portent of future weakness. In the Ministerial shuffle that accompanied the change of Prime Minister Mr. Churchill entered the Cabinet, and, under the stress of the by-election at Manchester that followed, he made an audacious bid for the Nationalist vote which went far beyond the warrant that had been furnished by his leader. He told an audience that " very erroneous and unjustifiable conclusions had been drawn from Mr. Asquith's speech," that " the assumption that Home Rule had been abandoned or shelved by the Liberal Party was altogether without founda- tion," and that he himself had become convinced that " a national settlement of the Irish difficulties on broad and generous lines must be indispensable to any harmonious conception of Liberalism." He ended with the words as subsequently revised : — " When this Parliament has reached its conclu- sion I am strongly of opinion, and I say this with the full concurrence and approval of the Prime Minister, that the Liberal Party should claim full authority and a free hand to deal with the pro- blem of Irish self-government without being restricted to mere measures of administrative devolution of the character of the Irish Council Bill." When questioned in the House of Commons the Prime Minister hardly succeeded in concealing his embarrassment and annoyance ; but he con- tented himself with saying, " I did not authorize my right hon. friend, and I am satisfied, after acquainting myself with the substance of his speeches, that he did not make any statement in Manchester which is in any way inconsistent 56 THE REVIVAL OF HOME RULE with the previous declarations of the Government." He had thus allowed his hand to be forced by his subordinate. Mr. Churchill's pledge, however, though it satisfied the Nationalists, did not save his seat, and for a time, under pressure of the religious education controversy, the Irish Roman Catholics voted freely with the Unionists in by-elections in Great Britain. As the prestige of the Govern- ment declined during the first twelve months of Mr. Asquith's leadership, Home Rule seemed to recede ever further into the political distance. Then came the famous Budget of 1909. It was profoundly unpopular in Ireland, both because of the spirit duties and, in a country with hundreds of thousands of virtual peasant proprietors, be- cause of the attack on the land ; but Mr. Redmond, having obtained some concessions in Committee, had the nerve to give his support to the Finance Bill on its third reading. Its rejection by the House of Lords was followed by a General Election, and at the opening of the campaign Mr. Asquith made his famous Albert Hall declaration : — " Speaking on behalf of the Government in March of last year, I described Ireland as the one undeniable failure of British statesmanship. I repeat here to-night what I said then : ' Speaking on behalf of my colleagues, and I believe of m} T party, the solution of the problem can be found only in one way — by a policy which, while explicitly safeguarding the supreme and inde- feasible authority of the Imperial Parliament, will set up in Ireland a system of full self-government in regard to purely Irish affairs.' There is not and there cannot be any question of separation. There is not and cannot be any question of rivalry or competing supremacy, but subject to THE NATIONALIST-LIBERAL ALLIANCE 57 these conditions that is the Liberal policy. For reasons which 1 believe to be adequate the present Parliament was disabled in advance from pro- posing any such solution. But in the new House of Commons the hands of the Liberal Government and the Liberal majority will be in this matter entirely free." In his speech of the previous year on Mr. Redmond's motion which has already been quoted, and to which he here made reference, Mr. Asquith's phrase had been " a system of self-government." There was no mention, as Mr. Chaplin has recently pointed out, of " full self-government," and the addition of the adjective in December, 1909, may be taken to mark a step towards the national self-government which Nationalist Ireland really demands. In other respects the declaration was so vague as to bind the Liberals to nothing. It certainly did not bind them to the introduction of a Home Rule Bill, and did not even indicate that such a step was likely. It only made them free to deal with Home Rule if circumstances should so require ; and if circumstances had been different we can be as certain as of anything in hypothetical politics that the question would have been left severely alone. Mr. Redmond, however, pro- fessed to see in the declaration a clear promise of a Home Rule Bill as soon as the House of Lords should be deprived of its independence, and in the elections that followed he threw the Irish Nationalist vote in English constituencies on to the side of the Government. In consequence, if we ignore the Labour Party, Unionists and Liberals emerged exactly equal, and Mr. Red- mond's hour was come. The Prime Minister was believed to have a deep aversion to remaining in office at the head 58 THE REVIVAL OF HOME RULE of a Government dependent on the Nationalists, and it was thought for a moment that he might insist on resignation ; but he overcame his scruples, if they had ever existed, and remained in office. For a couple of months, however, the position of the Government was highly precari- ous, not to say ridiculous. The Budget, which was the inspired expression of the will of the people, and for which the House of Lords had been denounced for daring to tamper, could not be passed without the aid of the Nationalists, and the Budget had not ceased to be unpopular in Ireland. Mr. Redmond kept repeating that the Government was pledged to the introduction of a Home Rule Bill, and not obscurely indicated what the penalty of any attempt to evade the pledge would be. The helpless Prime Minister dared not contradict the interpretation thus placed on the Albert Hall speech, and eventually, after much hesitation and conferring, the Budget was passed by Mr. Redmond's aid. The Govern- ment have always resented any suggestion of a bargain, exactly as Lord Melbourne disliked every reference to the Lichfield House Compact, or as Mr. Gladstone was impatient of any mention of the Kilmainham Treaty. But, as Lord Morley bluntly puts it in his account of Kilmainham, " the nature of the proceedings was plain enough " nevertheless. The alliance thus established enabled the Government to proceed with their campaign against the Lords ; in this matter, indeed, the Nationalists, who had not forgotten 1893, were as eager as the Radicals. The campaign was inter- rupted by the sudden death of King Edward, and then came the attempt to find an amicable settle- ment in the Constitutional Conference. The secrets of the Conference have not been revealed, but it was obvious enough that a THE CONSTITUTIONAL CONFERENCE 59 Government dependent on the Nationalist vote would have a difficulty in accepting any settle- ment under which the House of Lords should retain the power of referring a Home Rule Bill to the decision of the people. Before the end came, and in the belief that Home Rule blocked the way to an agreement, proposals were mooted in The Times and other Unionist papers for broadening the constitution and the scope of the Conference so as to permit of the discussion of a scheme of federation. This has been oddly represented as an abandonment by Unionists of their cardinal principles; though, if proposals to discuss Home Rule had been rejected, Unionists, we may be certain, would promptly have been accused of lack of faith in their own cause. Discussion, in any case, could only have been academic ; for it would soon have become ap- parent that what Nationalist Ireland wants is not any mild measure of Federal Devolution, but a (7//<7s/-independent national position, while Unionist Ireland, on the opposite side, would have proved no less unyielding. While the Conference was sitting, Mr. Redmond had been making speeches reminding the Prime Minister that he was pledged to something more than mere Devolution or Home Rule all round — to full self- government for Ireland; and, as a matter of fact, many Unionists welcomed the prospect of dis- cussion, in the belief that it would demonstrate the impossibility of Home Rule, and, by com- pelling the Nationalists to unmask their position, put an end to the understanding between them and the Liberal Party. The proposals, however, for broadening the basis of the Conference led to no result, and the Conference broke down. A General Election followed — the second of 19 10 — and in the course of it very little was heard of Home Rule. The 6o THE REVIVAL OF HOME RULE Prime Minister, in a speech at Hull before the pollings began, dismissed the subject with a reference to his Albert Hall speech. In his elec- tion address he did not mention it at all, but when two-thirds of the House had been elected and all possibility had disappeared of a Liberal majority independent of the Nationalists, he went down to his own constituency, and there, in response to a heckler, stated that if the Liberal party were returned on this occasion " they in- tended to grant Ireland a measure of Home Rule." This was the first definite announcement that the Government meant business, and was accord- ingly hailed by Mr. Redmond with unaffected joy. The pretence that it added nothing to the Albert Hall speech will not for a moment bear examination. But the announcement had come too late to be used with any effect by the opponents of Home Rule, and at the close of the elections the pre-existing state of parties was practically reproduced. The hereditary prin- ciple—the irresponsiveness of the House of Lords to public opinion, its non-elective charac- ter — were the pretexts advanced for the attack on its position ; but no attempt was made to reform its constitution so as to meet these objec- tions. The real object of assault was the prin- ciple of a Second Chamber independent 01 the Liberal caucus ; the animating purpose of the majority of the assailants the removal of the only obstacle to the registration of party decrees with- out appeal to the people. As a concession to the weaker brethren reform of the House of Lords found its place in the Parliament Bill, but only in the preamble ; limitation of the powers of the existing Second Chamber was the only motive of the operative provisions. Before the elections a promise to create peers in any number required to secure the acceptance of the Government PRESENT APATHY IN IRELAND 61 policy had been extorted from the Crown ; and by the aid of this promise the bill was forced through. The barrier which had proved effective in 1893, and had given a sense of security to Unionist Ireland ever since, had now been broken down, and the way for the passage of a Home Rule Bill was clear. We are now ! at the beginning of the Session which is to witness the attempt to carry such a bill through the temporary breach in the Constitution. It will be observed from the pre- ceding account that the revival of Home Rule has been brought about by nothing new in the circumstances of Ireland. If the Liberals had been defeated in January 1910, or had retained their old majority, we should have heard nothing of the question, and Ireland would have remained profoundly indifferent. Nothing, indeed, is more remarkable in the Ireland of to-day than the fall of political temperature on the Nationalist side and the decline of enthusiasm for the so-called national cause. The present attitude of the Irish peasant towards Home Rule is exactly described in the story which is going round in Ireland and which was told in Punch last week, though marred in the telling : — " All our lives the priests tell us that Heaven's a grand place, and we look forward to the time when we'll find ourselves there ; but when the time draws near we're never in a hurry." Mr. Redmond has confessed that the Nationalist cause would be bankrupt if it depended for support on Ireland alone ; and on the eve of the last elections he crossed the Atlantic with Mr. T. P. O'Connor in order to raise the funds needed for the campaign. There, while Mr. Red- mond preached in the United States national independence, Mr. O'Connor in Canada preached local government, Home Rule all round, and 1 Written in February, 1912.— Ed. THE REVIVAL OF HOME RULE Imperial Federation. M I have come here to- said Mr. Redmond at Buffalo, " to ask you to give us your aid in the supreme believe, the final effort to dethrone, once and for all, the English government of our country."' " 1 only ask.' said Mr. O'Connor in Montreal a few days later, " that Ireland, England, Scotland, and Wales be governed on Canadian principles." So Janus- d is the great policy which is to regenerate Ireland, restore efficiency to the House of Commons, and federate the Empire. In Ireland itself the effect of the revival of Home Rule is worth observing. Some of the elements of hope and renovation that were visible a few years ago were enumerated in the last article ; all are now again lost or obscured. Religious passions have been re-awakened, North and South riven asunder, and we see the two nations confronting each other again in battle array for the coming political struggle. Sinn Fein is for the moment practically in abeyance, though it may well emerge again as a force of some destructive potency when the Home Rule Bill is produced. The Gaelic movement is lag- g g or beginning to recede. We see the energies of Ireland concentrated on a question of abs: politics, and the co-operative movement assailed and endangered by Nationalist politicians. We see everything that is poetical or spiritual in Irish life yielding to the prose oi Nationalist agitation. Any one who believes that Home Rule is the expression of a genuine national de- mand, the product of a genuine national awaken- ing, and that its establishment would be a great and really constructive political work, may find reason to suspect the soundness of his opinion when he realizes the shrivelling and devastating effect which the mere menace of Home Rule has on all that is best and most promising in Ireland. CHAPTER Vlll THl ts n which Home Rule can be regs ent, and from the poi stitutior. Kingdom and of the British Empire : Rega in eithei v . it involves ant;:. ./ the two antim j no -!ents of t;. Mr. , but a: nature and : problem 1 as real and p in the time of Mr. le; an< d both tempts to embody Home Rule in a workable plan, so they r. eck the more perfunctory irted attempt to be made Government To be£ th the Iri let the wi at once pre argument which ba e for the Union on ' d incurable- perversity of the Irish ; Lt Mr. r . the theory of a. se of or If-Government in the Ii pie. Such an argument proves too much for 03 64 THE ANTINOMIES OF HOME RULE the purposes of those who use it ; it not only compels belief in the impossibility of Home Rule, but would equally make us despair of the success of the Union. There are, indeed, many defects in the character of Irishmen, and not confined to those who live south of the Boyne; but of all such defects history, and that too, comparatively recent history, supplies the sufficient explanation. To fix our eyes for the moment on the larger Irish nation, if the people of that nation are prone to violence and deficient in respect for law, it is because for a long period law was for them constituted injustice and violence their only resource ; if they are idle, it is because they were denied the fruits of their industry; if in politics they are wanting in the practical spirit, it is because they were so long shut off from the realities of government ; if they surrender them- selves too readily to demagogues and agitators, it is because they were deprived of the guidance of their natural leaders ; if their patriotism takes other forms than allegiance to the kingdom or empire in which they live, it is because they were long taught to feel as aliens within them. " Tout comprcridre c'est tout pardonuer" and the student of Irish history will be able to extend some tolerance even to their crimes. The more enlightened Home Rulers, indeed, recognizing the historical causes that have pro- duced Irish deficiencies and Irish discontent, plead for Home Rule as a remedial policy, because they see in it, as they think, the most absolute breach with the past. They point to what experience, especially in the British Empire, has taught us of the healing efficacy of freedom and self-government ; and, oddly persuading themselves that Ireland has at present neither freedom nor self-government, though she is an incorporated part of a free and self-governing IRELAND'S INTERNAL FEUD 65 country, and a part over-represented and with a greatly excessive voice in the government of the whole, they demand for her a grant of national self-government and a status of more or less detachment from Great Britain. In this way they hope that the sound Liberal principles which they are in the habit of invoking will have fuller scope for their remedial activity. Now the first and greatest antinomy of Home Rule is this, that it cannot be applied to Ireland without at the same time violating those very principles to which its advocates appeal. In Ireland, as we have seen, there are two nations, not one, and self-government for either in the isolated Home Rule sense means subjection for the other. It was so when the Protestant ascendancy existed ; it will be so when, to use the least invidious term, a Nationalist ascendancy is substituted in its place. I have shown how deep is the feud between the two nations, how it has contrived to draw its bitterness from all the various animosities of race and class and religion, and maintains itself on the memories of centuries of struggle. We may regret that there is such a cleavage in Irish society ; we may look forward to the day when it will have ceased to exist ; but at present it is as much an ultimate fact of the situation as the Irish Sea itself. Mr. Churchill, in the speech which he delivered in Belfast, was compelled almost against his will to give it recognition. He devoted the greater part of the speech to what he called the " Irish argument"; and the time so spent was divided between an enumeration of the fetters that are to be placed on one of the Irish nations to save the other from oppression, and an appeal to that other, varying in tone from entreaty to expostulation, to sink its own identity. It is highly characteristic of the Radical 66 THE ANTINOMIES OF HOME RULE doctrinaire to suppose that he can alter incon- venient facts by argument or expostulation, or even eloquent appeals to them not to stand in the way of his preconceived theories. But facts are stubborn things, and the dualism in Irish society will not be overcome by any amount of missionary effort on the part of English poli- ticians. There is no question of right or wrong, of reasonableness or unreasonableness, involved in the matter ; it is a case of separate traditions, separate creeds, separate ideals — in a word, separate nationalities. If the British Government were to throw its whole power and resources into a policy of Ottomanizing or Magyarizing in Ireland, it might conceivably succeed in alter- ing the facts by extinguishing the lesser of the two nationalities. But the effort would have to be at once sustained and ruthless, and even then the teaching of all recent history is against the chances of success. Nor does any one believe that the group of party politicians of the familiar opportunist type who form the British Govern- ment would have either the nerve or the cynicism to embark on such an enterprise in the name of Liberal principles, much less to see it through. 11 I have lived my life in Ireland," wrote Mr. Richard Bagwell in a letter to The Times a few months ago, " spending much time in the study of Irish history, and the great lesson I have learnt is that no local faction or party can be safely trusted with power over the rest." The faults are not all on one side and the virtues on the other ; in both nations the past has left its marks on character. Few Irishmen of either are wholly averse to violence, or are endowed with the Englishman's instinctive love of order; if among the Roman Catholics there is still some- thing of the spirit of revolted slaves, there is also among the Protestants something of the spirit BOTH NATIONS TO BLAME 67 of overthrown oppressors. It may even be ad- mitted that Roman Catholic fanaticism has always in Ireland been tempered by the native chivalry and geniality of the Celt, and that in its darkest exhibitions it has never approached the Puritanic insolence which created the Penal Code. But grant, if any one likes, that the Protestants have to bear the greater load of guilt for the crimes of the past, the memory of their own ascendancy only makes them dread the more a Roman Catholic ascendancy established in its place. Grant even that in their very fears there may be an element of unreason, the unreasonableness of a community is a political fact like any other, and it cannot be got rid of, as Radical news- papers seem to think, by scolding and vitupera- tion. All national rivalries are based to a great extent on prejudice and misapprehension, but their political significance is none the less profound. If the two nations were one the whole policy of Home Rule would wear a different aspect. A Constitutional problem of the greatest diffi- culty and complexity would still, indeed, remain ; but it could at all events be approached as a mere matter of convenience and efficiency in institutions. We might even in that case ignore with some hope the argument from the dis- affection that is rooted in Irish Nationalism, and trust to the healing and reconciling efficacy of liberal treatment. But as it is, Home Rule would bring to divided Ireland not peace, but a sword. Under the shelter of the Union the growth of a true and all-embracing Irish national sentiment will be a process slow enough ; under a system which would give to one of the two rival nations supremacy over the other it would become utterly impossible. Adam Smith, in his " Wealth of Nations," written in the time of the Protestant 68 THE ANTINOMIES OF HOME RULE Ascendancy, gave it as his opinion that " without an Union with Great Britain the inhabitants of Ireland are not likely for many ages to consider themselves as one people." The Union is, in- deed, the only hope of unity. Instead of placing the power of Great Britain at the disposal of either Irish nation for the subjugation of the other, as was and would be the effect of Home Rule, it uses British influence to neutralize their antagonism, and so enables them to live together in tolerable and ever-increasing amity and peace. It may be said, indeed, that the Union has existed for more than a century, and that we are still very far from Adam Smith's ideal ; but it is only, it must be remembered, during the last quarter of a century that the Union has been made a reality, and has begun to stand for justice to both the Irish nations. As I shall endeavour to show hereafter, some- thing remains to be done ; but, as the result of what has been done already, the two nations were coming together, as was seen in a former article, and only the revival of the menace to the Union rent them asunder again. Home Rule, granted now, would mean the abandonment of an experiment the success of which is in sight in order to try another discredited in advance. The Union stands for equality between the two Irish nations, Home Rule for ascendancy, and only from equality can harmony result. To come back to where we began, the first antinomy of Home Rule is that, the more it takes the shape of " national self-government," the more it must mean for a large section of the Irish people national subjection and national effacement. The second or Constitutional antinomy is like unto it. A national Parliament and Government are to be set up in Ireland, and yet Great Britain and Ireland are to remain one kingdom. To put THE CONSTITUTIONAL PARADOX 69 it in another way, the Home Rule Parliament, as the Prime Minister especially is never weary of assuring us, is to be strictly subordinate and is to leave to the Imperial Parliament a "uni- versal, absolute, and unimpaired" supremacy; and yet in some mysterious way this subordinate Parliament is also to be national, to satisfy a craving for national existence, to be the fulfil- ment of an ideal which in its most characteristic expression has always been an ideal of national independence. If the high-sounding adjectives of the Prime Minister are to mean anything, and the supremacy of the Imperial Parliament is not to be the merely legal and theoretical supremacy which it retains over the legislatures of the self-governing colonies, the antinomy is absolute. The Nationalists demand national self-government ; their English allies offer a subordinate Parliament. The two are wholly incompatible, as may not improbably be found when the bill has been produced, as will be found with absolute certainty if it should ever come into operation. To apply Lord Hartington's famous saying about Mr. Gladstone and himself, the Nationalists and the Government do not mean the same thing. It was the attempt to combine in an Irish Parliament and Government subordination with a national character, hardly less than the attempt to ignore the existence of two Irish nations, that wrecked both the Home Rule Bills produced by Mr. Gladstone. The crucial difficulty arose on the question which Mr. Gladstone described as an M organic detail," the question whether Irish members were to be included, and on what footing, in the Parliament at Westminster. In the first bill, as we saw, they were entirely excluded ; but as complete national powers were not given to the Irish Parliament and revenue 7o THE ANTINOMIES OF HOME RULE was to 'be exacted by the Parliament at West- minster, this arrangement reduced Ireland to the position of a tributary dependency and violated the historic principle of no taxation without representation. In the bill of 1893, as it left the House of Commons, inclusion for all purposes was the arrangement adopted ; but this in its turn, by Lord Morley's confession, was " to allow the Irish to meddle in our affairs while we were no longer to meddle in theirs." It is rumoured that the " In-and-Out " plan of inclusion for limited purposes which figured in the Bill of 1893 as originally produced is to be revived in the coming Bill. If so, we shall be involved in the greatest paradox of all ; for while the Irish members will have a voice in what is the first domestic concern of the people of Great Britain, the choice of their Executive Govern- ment, that Government will be left, the instant it comes to deal with purely British affairs, without its Irish supporters and possibly without its majority. There are indeed two different plans, by the adoption of either of which Home Rule for Ireland could be made logical and self-consistent from the constitutional point of view, and the purely theoretical difficulties, at all events, be overcome. One would be to place Ireland in the position of a self-governing colony; the other would be to establish a complete and coherent system of federal devolution for the whole of the United Kingdom. The adoption of the colonial plan would mean the abandonment of all pretence of subordination in the Irish Parliament and of all attempt to preserve the unity of the United Kingdom ; the adoption of the federal plan would mean the abandonment of all pretence of national self-government and of all attempt to conciliate the sentiment in favour of Irish independence, CONTRADICTIONS OF THE BILL 71 Neither plan, as we know from the assurances of Ministers, will in practice be adopted; Great Britain protests against one, Nationalist Ireland against the other. The Home Rule Bill will hover, like Mr. Gladstone's two bills, between the Union and separation, between federalism and colonialism, between the supremacy of the Imperial Parliament and national self-govern- ment ; and the Government will find themselves floundering once more among the paradoxes and contradictions that beset the middle position. But, though we shall not in practice be given either the colonial or the federal solution, the advocates of Home Rule do not shrink from attempts to enlist in its favour the sentiments and arguments, congruent or not, that lie behind both. These attempts would appear to be partly dis- ingenuous, partly the result of sheer confusion of thought and inability to face facts ; but in view of their persistency it will be worth while to devote the immediately succeeding chapters to an examination at greater length of the colonial analogy and the federal idea. CHAPTER IX THE COLONIAL ANALOGY In the last chapter I dealt with the antinomies inherent in Home Rule and pointed out that, while the difficulty arising from the existence of two nations in Ireland is at present insuperable, there are two different plans by the adoption of either of which the purely theoretical difficulties could be overcome and Home Rule for Ireland be made logical and self-consistent from the consti- tutional point of view. One of them would be to place Ireland in the position of a self-governing colony, and in the present and another chapter I propose to examine this solution and to inquire generally into the value of the colonial analogy. In the course of the nineteenth century a peculiar polity was evolved for those of the British possessions over-sea which contain any large white population. Before their revolt the North American Colonies had, in theory at all events, only had the status of subject dependencies, though in practice the wide Atlantic and the easy English temper both did much to make the system tolerable. But when the British Government tried to make the theory a reality the system broke down, and subsequent experience soon proved that its failure was not to be regarded as a merely accidental or isolated occurrence. Every 72 THE GROWTH OF SELF-GOVERNMENT 73 attempt in fact to maintain a white community in a dependent position produced the same friction and difficulties that had led to the American Revolution ; though, with more enlightened statesmanship and a better will on both sides, a happier issue was found on subsequent occasions. The turning point came with the Canadian rebel- lion of 1837; this rebellion led to the Durham Report, and eventually, though not at once, as is commonly supposed, to the institution of " re- sponsible government," a form of autonomy that approaches independence. It is independence only limited in practice by the fact that the Mother Country retains control of foreign rela- tions and with it the main burden of maritime defence ; subject to this qualification, which itself in some respects has now to be qualified, the great self-governing colonies are, whatever the theory, in practice on an equal footing with the United Kingdom in the British Empire — allies, not inferiors, subordinates, or dependencies. The grant of responsible government proved in every instance a solvent for the immediate difficulties that had arisen in the relations between the Mother Country and the colonies ; but it is by no means clear that even at the time the system was evolved it was the ideally best solution of the problem that presented itself. When the colonies were placed in their position of quasi independence it was in the full expecta- tion that it would speedily develop into inde- pendence absolute ; nay, even on the part of some of the statesmen concerned, with the deliberate intention of bringing about this result. The command of the sea, the pressure of outside States, and the binding effect of language, British ideals, and British sentiment defeated the carelessness or malevolence of statesmen and preserved the connexion between the daughter 6 74 THE COLONIAL ANALOGY States and the Mother Country. But even to-day, if any colony or group of colonies insisted, with some approach to a unanimous voice, on with- drawing from the Empire, we should sorrowfully acquiesce, bid them Godspeed, and allow them to depart without molestation. It is only in such a case as arose in South Africa, where one half the population in its efforts for secession was endeavouring morally or physically to coerce the other, that we should be likely to intervene or to have any real chance of successful inter- vention. It is arguable that any striving after a more effective unity in the middle of the last century might have led to disruption, and it is perhaps therefore more reasonable to praise the states- men of responsible government for the good they accomplished than to blame them for failing to accomplish something more. The system they evolved has at least kept the w T hite com- munities of the Empire members of one political body with a common Sovereign and a common citizenship, and left to the statesmen of the present or the future the problem of devising some closer permanent relationship. But it is also possible to argue that, if the statesmen of the Mother Country had not been so completely dominated by the anti-Imperial spirit of laisser- faire Liberalism when the self-governing colonies were given their present status, and if they had not been unnerved by memories of the American Revolution, they might have devised a system w r hich, while allaying discontent by an adequate grant of self-government to the colonies in their local affairs, would have vastly simplified the task that now confronts their successors. It would not have been difficult, it would seem, at the first to draw the outline of a scheme of federal representation at the centre of the THE BOND OF EMPIRE 75 Empire, or to establish, if not a Customs Union, closer trade relations. All was left to chance ; and, though it would be easy to underrate the strength of the ties that bind the Empire together, the fact remains that it is at present very little more than a union of consent. The existing system, being founded neither on any principle of authority and subordination nor on any due co-ordination of privilege and burden between the component states, is obviously lacking in elements of permanence, and the final outcome remains to be seem. A political organism with five different centres of national life vaguely related is a new phenomenon in the history of the world ; and, though it is in many respects a phenomenon of the greatest interest and promise, and though we all hope and believe it may develop in time into a higher organic unity, it can hardly be said to supply a model in its present stage of evolution to which states already unified should endeavour to conform. But by a certain school of theorists we are asked to remould the Constitution; of the United Kingdom, which is the solid nucleus of the Empire, in imitation of this model. We are told that Ireland is our oldest colony, that the principle of responsible government has never been applied to her, and that if it is applied even now it will produce the same happy results as in the self-governing colonies. Let us for the sake of argument suppose that it did. Does any one really believe that even a contented Ireland could be placed in that position of detachment and isolation of " Stay or go, as you please," occupied by a colony ? That we would say to her as we say to a colony, " Set up for yourself, attend to your own defences, impose your own tariffs, accept the colonial position of a practic- ally independent State within the British Imperial 76 THE COLONIAL ANALOGY system, and if you find even these light ties to be irksome, declare your independence or seek the protection of another Power " ? That would be the full application of the colonial analogy, but history, geography, and mere common sense all alike protest. The whole scheme is so un- thinkable that I have never yet met any one, Irishman or Colonist, who, whatever his vague and unthinking prepossessions, did not yield under a gentle application of the Socratic method and admit its absurdity. " I confess it seems to me to be almost impos- sible to believe that Ireland can safely be placed in the position of a British colony, or that Eng- land can tolerate the loyalty tempered by threats of dissolution of the connecting tie that passes current in communities who live on the other side of the world." That, it may be said, is an unsympathetic account of the loyalty of the colonies ; but on the value of the colonial ana- logy for Ireland it expresses the opinion of a colonial statesman of great experience, of marked Liberal tendencies, and of no strong prejudices in favour of Jingoism or Imperialism. It is an extract from a letter written by Mr. Merriman to the late Lord Goschen in 1886. The fanatics of colonialism try to ignore the argument from proximity, but it will not be ignored. It has asserted itself throughout the tangled history of the two countries. The American Revolution led directly to the nearest approach to Home Rule that Ireland has enjoyed. Why did it not develop into responsible government before or simultaneously with the development in Canada ? Because proximity forbade. Burke, during the discussions that preceded the rebellion of the Thirteen Colonies, had foreseen that representa- tion in the Imperial Parliament would be a solution of the difficulties if distance permitted. THE ARGUMENT FROM PROXIMITY 77 Distance in the case of Ireland permitting this solution, the quasi Home Rule experiment was speedily abandoned and the Union established. It is nothing to our present purpose that it was not a true Union and temporarily failed ; though it is much to our present purpose that since it began to be a true Union it has begun to succeed. The argument from proximity asserts itself to- day. It told with Mr. Gladstone, as can be seen in both his bills ; and it tells with the present Government, for unless they violate their pledges and falsify all the indications they have hitherto given as to the nature of their scheme they will not propose the colonial status for Ireland. 11 The separation of Ireland from Great Britain is absolutely impossible. The interests and affairs of the two islands are eternally inter- woven. . . . The whole tendency of things, the whole irresistible drift of things, is towards a more intimate association. The economic de- pendence of Ireland on England is absolute and quite apart from naval, military, and constitu- tional arguments. . . . The two nations are bound together till the end of time by the natural force of circumstances." That is not the language of a fanatical Unionist, but an extract from Mr. Churchill's speech in Belfast. He was arguing, indeed, that you could meet the Irish demand for separation half-way or do anything else you pleased without danger to the connexion : but it is a curious kind of fatal- ism or political antinomianism that tells you an interest is so great that you can afford to neglect it, and common sense will prefer to see in the words quoted an argument for jealously guarding the connexion. We may believe with Mr. Churchill that Nature will prevail against the foolish attempt of the Government to defy her 6* 78 THE COLONIAL ANALOGY decrees, but that is hardly a reason for encour- aging them in their folly. All the arguments that tell against the colonial solution are, of course, greatly strengthened by the existence of the disaffection in which Irish Nationalism is rooted. Great Britain could never tolerate an Ireland at her doors in the position of practical independence occupied by a colony, even if this Ireland entered on her new career with a perfect disposition of loyalty and good will ; still less can she tolerate an Ireland in that position beginning in a spirit of hatred and dis- affection, cherishing an ideal of complete in- dependence, and basing her hopes of attaining it, as she has based the Home Rule agitation, on assistance from another Power. Mr. Redmond, indeed, assures the people of Great Britain that Home Rule will be a treaty of peace, and that they can place Ireland in a position to do them much harm with no fear for the consequences. But Mr. Redmond has little influence in Ireland itself and cannot be counted on to make good his assurances ; and even he is often constrained to adopt a different tone when addressing his fellow-countrymen in Ireland and America. For Irish disaffection there are excel- lent historical reasons, and I have not in these articles emphasized unduly this aspect of the problem. But though to see the historical reasons for a contemporary fact may help us to view it with tolerance, and even give us hope of altering its complexion, we are not therefore justified in ignoring its existence. Things are what they are and their natural consequences must follow ; and to place Ireland as she is to-day in the position of a self-governing Colony with all the powers which that implies to be wielded by the National League would be an act of deliberate folly with- out parallel in the annals of civilized States. WHAT IRISHMEN WOULD LIKE 79 In Ireland itself, where the driving force of Home Rule is the desire for independence, the colonial solution is popular, of course ; popular at all events for what it gives, if not for what it withholds. The practically complete powers of a colonial Parliament would be welcomed, and they would be welcomed all the more if combined with other things which the Government have already promised, a large subsidy from Great Britain and the retention of a number of Irish members at Westminster. Irishmen naturally like the idea of fiscal independence in the sense that they should control their own Customs and Excise ; they do not like it at all in the sense that they should pay their own way. They like the legislative independence the colonial statics would give them, but they would be glad also to retain their representatives at Westminster as a means of extorting further favours from the neighbouring island. Mr. Gladstone's Home Rule Bill of 1886 would, as has often been pointed out, have made Ireland a tributary dependency of Great Britain ; Home Rule on the terms that are now being discussed would make Great Britain a tributary dependency of Ireland. In the next chapter I will consider a little more closely the arguments in favour of Home Rule that are drawn from the dramatic and successful experiment in granting self-government to the conquered colonies in South Africa after the war, the form in which the colonial analogy presents itself most forcibly to the mind of the present generation. CHAPTER X IRELAND AND SOUTH AFRICA Nothing has done more to weaken the aversion with which Home Rule was at one time regarded by the vast majority of thinking people in Great Britain than the striking success that has at- tended the bold policy of granting self-govern- ment to the conquered colonies in South Africa within a very few years after the conclusion of the war. Here, we are told — and the man in the street can hardly see the answer — was a crucial experiment for testing the validity of Liberal principles, and if they survived that test they can be trusted to survive any other that can be applied. If self-government proved a solvent for the difficulties of a problem which had just cul- minated in a long and devastating war, we need not hesitate to apply it to Ireland, and even the age-long rancour and bitterness that are at the root of what is called the Irish question must yield to its benign and reconciling in- fluence. It may be worth while endeavouring to ex- amine this analogy a little more closely, and the present writer has what will perhaps be accepted as a double qualification for the task. He is, on the one hand, an Irishman by birth and education, and was, on the other, a resident in South Africa 80 SOUTH AFRICA AFTER THE WAR 81 for many years, and those the most critical years in South 'African history. He had left South Africa before the actual grant of self-government to the Transvaal, but he was in full sympathy with the policy which dictated that bold and fortunate step. He has thus no illiberal pre- judices against self-government as such, and can claim to have foreseen, if not the precise issue, the general wisdom of its application in the circum- stances that prevailed in South Africa at the time when the experiment was made. When self-government was conceded to the Transvaal in 1907, the position was this. South Africa was divided, with certain qualifications irrelevant for our present purpose, into four distinct colonies — the Cape, Natal, the Trans- vaal, and the Orange River Colony. A long and devastating war which had raged in all of these colonies and had been brought to a con- clusion five years before had vindicated the supremacy of British principles of government and of British power in South Africa. Two of the colonies which had been British before the war had retained their constitutions during and after the war, and even during the war no one had ever believed that the two annexed colonies could be permanently governed on any other basis. The only ultimate choice was between the status of a dependency under a system of despotic rule and full self-government, and the wildest Jingo well knew that the status of depen- dency could not long be maintained. So clearly was this recognized that when the Liberal Govern- ment came into power in 1905 they found ready for promulgation a scheme framed by their predecessors with the full consent of the British inhabitants of the Transvaal for granting to that colony an elective and independent Legislature as a half-way house to complete self-government. 82 IRELAND AND SOUTH AFRICA It has been the invariable practice in British colonial history for colonies to pass through this intermediate stage on the way to responsible government ; and what the Liberals decided to do in the case of the Transvaal, under stress of the difficulties in which they had been involved by the problem of Chinese labour, was to dis- pense with the usual resting-place and effect the transition from Crown Colony government to re- sponsible government in one giant stride. Their policy was carried through with a certain lack of tact and in such a manner as to cause some temporary alarm among the British population lest the settlement arrived at should be one-sided and unfair. But there was never any real opposi- tion to the principle, and in the event a bold experiment has been justified by success. Now in two different ways the success of this experiment is supposed to convey a lesson applic- able to Ireland. On the one hand, we are told, it shows us how we may hope to reconcile Ire- land to Great Britain and the Empire ; on the other, how to put an end to the secular feud between the two Irish nations. Let us take the former aspect first. From this point of view the healing effect of the grant of self-government to the Transvaal, as of every other such grant, was derived from the fact that it meant the elevation of the colony from a dependent status to one of freedom and dignity, the substitution of home rule for the arbitrary rule of an outside autho- rity in the constitution of which the colony had no voice. This was the very essence of the whole situation. But Ireland is not a dependency ; she is an integral portion of the central State of the Empire, a portion not only represented but greatly over-represented in the Imperial Parlia- ment. For the last two years, indeed, her representatives have held trie balance in that IRELAND NOT A COLONY 83 Parliament, and have been masters of the Government of the United Kingdom and the Empire. To place Ireland in the position that was accorded to the Transvaal would mean a lowering, not a raising, of her political status, and this is felt so strongly by one of the two nations in Ireland itself as to supply a principal motive for their opposition to the project. The manifest destiny of South Africa was to become one of those great self-governing States which cannot now be regarded as holding a subordinate position, but in reality are co- ordinate with the United Kingdom itself in the British Imperial system. No such destiny could await a separated Ireland ; the best it could hope for would be the position of a Newfoundland beside the Dominion of Canada. The grant of self-government to the conquered colonies in South Africa was not the mutilation of an existing state or constitution, it was their ele- vation to the political status of the two neigh- bouring colonies of the Cape and Natal and the first and necessary step towards the creation of a new political unity on a wider and grander scale. Almost the first use the people of the conquered colonies made of their newly-acquired freedom was to surrender the Constitution that had just been given them and to merge their independence in the greater independence of a United South Africa. Home Rule for Ireland would be a momentous and perhaps irretraceable step in the opposite direction at the vital centre of the Empire. Great Britain, if she were foolish enough to make this rash experiment, could never tolerate its results. Ireland under Home Rule would, whatever the theory, be virtually a dependency. She was always so in theory until the time of the Union, for she never, even under Grattan's Par- 8 4 IRELAND AND SOUTH AFRICA liament, possessed an independent executive ; and if her Home Rule executive showed real independence Great Britain would be compelled to find means of reducing it to a condition of dependence, whether by the old method of cor- ruption, by intimidation, or by actual force. Could such a state of things make for peace or amity? The problem of Irish discontent is diffi- cult enough, but the only hope of solving it is by a system of complete equality between the two islands. Nothing but the Union can give us such a system ; and just when the Union is within sight of success we are asked in the name of a false analogy to undo it and revert to the old system of inequality that failed. So much for the lessons of South Africa as regards the best means of reconciling Ireland and Great Britain ; but what has it to teach us as to the reconciliation of the two nations in Ireland? In South Africa Dutch and English are certainly coming together ; but the feud between them, though it so lately found expres- sion in a war, was never so bitter nor so deeply rooted in historic memories of wrong and conflict as the corresponding feud in Ireland. The religious motive which tells so powerfully in Ireland is entirely absent in South Africa ; and the presence of a native population greatly out- numbering the two white races supplies an over- whelming reason for co-operation between them. It may even be said that the war itself, by allow- ing the rival races to expend their bitterness and teaching each to understand and feel respect for the other, has helped to bridge the gulf between them. But the cardinal point of difference be- tween the South African situation and that which now confronts us in Ireland is the fact that self- government was accepted by Dutch and English alike as both inevitable and desirable. The THE PROBLEM OF ULSTER 85 opposition in Johannesburg was little more than the opposition of an oligarchic clique — just the sort of opposition that, in such cases, can always safely be ignored. The great bulk of the English democracy on the Witwatersrand not only re- garded self-government as inevitable but wel- comed it as a boon ; whereas in Ireland we have a numerous and powerful democracy which denounces Home Rule as a measure for subject- ing it to the rule of a majority whose domination it dreads. The attitude of Protestant Ulster is a factor in the Irish problem without parallel in the history of self-government in our Colonies ; and certainly colonial history lends no encouragement to the odd Liberal theory that peace can be secured in Ireland by ignoring Ulster altogether or trampling down her opposition. If, indeed, Ireland could be withdrawn from the influence of Great Britain and left to her own devices, then it is possible that after what a Home Ruler cheerfully described as " twenty years of hell" a position of stable equilibrium between the two nations of the island might finally be established. But the disturbing influence of Great Britain cannot be eliminated. It was by acting in her name and employing her power that the Protestant Ascendancy was able to maintain itself in the eighteenth century; and it is to Great Britain that the new Nationalist Ascendancy will look for the means of coercing Ulster and holding her in subjection. If England had consented before the war in South Africa to stand idly by and allow the Dutch to compel the English to accompany them in a movement of secession from the Empire, there would have been some resemblance to the situation which will be created in Ireland under Home Rule ; only that England would then have been only negatively culpable, whereas now she will be 86 IRELAND AND SOUTH AFRICA asked to accept positive responsibility and to be active in ill-doing. In the circumstances of Ireland, inhabited by two nations and with Great Britain so near, Home Rule must mean the ascendancy of one of the two nations ; and South Africa has much to teach us as to the evil effects of ascendancy on the relations between two races living in one country. On a basis of equal rights Dutch and English in the Cape Colony were living happily side by side when the Kruger system was established ; but the denial of political rights to the English in the Transvaal soon destroyed the possibility of a national life between the two races even in the British colony. It became the settled policy of the Dutch in the Cape Colony to thrust the English into the position of second- class citizens ; and it was only when the Dutch ascendancy was broken by the war and equality restored that amicable relations again became possible. At present Irishmen of both nations enjoy equal rights as citizens of the United King- dom and the certainty of equal treatment from the United Kingdom Parliament; under a Home Rule system Irish Unionists would have to be content with a second-class citizenship, and all chances of harmony between them and their masters would then be at an end. If we seek for an analogy for Irish Home Rule in its bearing on the relations between Protestant Ulster and the rest of Ireland, we shall find per- haps the best in the history of Canada. Pitt's Constitutional Act of 1791 treated the French and English provinces of Lower and Upper Canada, now Quebec and Ontario, as two separate colonies. In the Act of 1840, which followed the Durham report, the blunder was committed of uniting them into one, but the experiment was so unsuccessful that in 1867 they were separated A PARALLEL IN CANADA 87 again, and at the same time merged in the larger unity of the Dominion. If we put Ulster in the place of Ontario, Nationalist Ireland of Quebec, and the United Kingdom of the Dominion of Canada, the analogy is complete. Irish ani- mosities are at present lost or held in check in the larger unity of the United Kingdom ; the Government proposes to unchain them by going back from the Canadian position of 1867 to that of 1840, segregating Ireland and compelling her two nations to live alone together, precisely as French and English when they were united in a single colony before the formation of the Dominion. An attempt has been made to utilize what was done in Canada in 1867 as an argument for Home Rule; but it could only serve that pur- pose if Home Rulers contemplated a federal system for the United Kingdom in which Ulster and the rest of Ireland were separate units, a system which no one desires or imagines to be possible. PART II THE PRESENT HOME RULE BILL CHAPTER I GENERAL FEATURES OF THE BILL For two or three } T ears since the revival of the Home Rule menace Unionists have been on the defensive, defending a definite position, attacking a shadow, defending the present system of govern- ing Ireland as an incorporated part of the United Kingdom, attacking the alternative proposal that was embodied in the phrase " Home Rule," but otherwise remained shapeless, intangible, and elusive. It is hard for those who have been so engaged to restrain a feeling of exultation at the thought that the production of the Home Rule Bill has completely reversed the situation, that Unionists are now the attacking party ; Home Rulers on the defensive, that the vague and elusive shadow has now become a tangible scheme presenting a broad front for criticism and attack ; that Home Rule has at last taken shape as an alternative plan for the government of Ireland which its promoters are bound to show to be not only feasible and safe but an improvement on the present system. It is too much indeed to hope that the Govern- 7 89 90 GENERAL FEATURES OF THE BILL ment and their supporters will now abandon the tactics they have followed throughout of employ- ing contradictory arguments in a single breath and appealing at the same moment to incom- patible sentiments. We shall continue, no doubt, to be told that the new system will at once satisfy an Irish national demand and yet leave the United Kingdom united as before under a Parliament whose prestige and authority will remain undiminished ; that it will provide ample safeguards for the protection of Ulster, without impairing the national prerogatives of the College Green Parliament ; that it will have all and more than the appeasing and reconciling influence of colonial self-government without a colonial con- stitution ; that it will have all the advantages of federalism without its disadvantages and without even the necessity of erecting federal institutions ; and that it will liberally endow the Government of an insolvent country without appreciable cost to the taxpayers of Great Britain. It is vain to hope that we have heard the last of such claims, for the Bill has obviously been constructed with the primary object of rendering it possible to main- tain them. But in future they will have to sub- mit to a practical test, and the application of that test can hardly fail in most cases to be fatal to both the opposing contentions. We have at last emerged from the twilight atmosphere of deceptive analogies, high-sounding platitudes, and plausible assurances into the light of day. Indeed, the Government, in their anxiety to appeal to every sentiment and conciliate every interest, have manifestly overreached themselves. The cardinal vices of the Bill, as of its prede- cessors of 1886 and 1893, are due to the fact that its framers have thought more of enlisting support during its passage or silencing opposition than of producing a scheme which should be successful A BILL OF COMPROMISES 91 in the working. To recall an expressive word from the dialect that was familiar during the South African War, the dominant characteristic of the bill is its "slimness," and slimness is not statesmanship. We have had, for instance, Mr. Acland naively boasting that the Ulster threat to refuse to pay taxes to the Home Rule Govern- ment is rendered nugatory by the arrangement under which all taxes are to be collected by the Imperial authorities and paid into the Imperial Exchequer. It is worthy of an Under-Secretary to suppose that the resistance of the great Unionist community of the North can be so childishly frustrated ; but there is more of the Under-Secretary than of the statesman in the bill throughout. In its main features it is another attempt to seek out a compromise where compromise is impossible, to find a middle term where none such exists, to harmonize principles that are irreconcilable. It is the old tertium quid, neither Unionism nor dualism, neither federalism nor colonialism, neither subordination of the new Parliament nor a co-ordinate position with the freedom and independence that would develop a sense of responsibility. There is everything to be said for the present system of the Union. There is much also to be said for colonial self- government, though little of it is applicable to the circumstances of Ireland ; and there is some- thing, though not much, to be said even for the project of giving the United Kingdom a federal constitution. But whatever merits it is con- ceivable a Home Rule scheme might possess have been sacrificed in the bill to the timidity which shrank from espousing any definite prin- ciple. The Government have sought safety by clinging resolutely to the via media, regardless of the fact that in this case it leads straight into 92 GENERAL FEATURES OF THE BILL a quagmire. The via media is an excellent and honoured English tradition, but the English people showed in 1886 and 1893 that with a quagmire in front they prefer to go round ; and the striking thing about the present proposal is its resemblance in all essentials to the policy which on those occasions was so emphatically rejected by the electorate of the United Kingdom. A new generation has since come upon the scene, but there is no reason for suspecting that the English people have lost their discernment ; nor can there be any doubt whatever that if they are given the chance they will reject the present bill as emphatically as its predecessors. The Bill of 1886 was little more than a hasty draft intended to secure the affirmation of a principle ; but the Bill of 1893 was carried through the House of Commons and I shall use it in the following articles as a basis of com- parison in noting the salient features of Mr. Asquith's present scheme. One interesting point of difference meets us at the very outset. The Bill of 1893 contained a brief preamble setting forth the expediency of creating an Irish Legis- lature "without impairing or restricting the supreme authority of Parliament " ; the Bill of 191 2 contains no preamble whatever. The omission seems to be a tacit recognition of the fact that that particular form of political manifesto has now fallen into discredit. It requires some faith to believe that the supremacy of the Imperial Parliament would remain unimpaired by the passage of the Home Rule Bill; but a preambular supremacy would have been too reminiscent of the preambular Second Chamber for which we are already indebted to the humour of the Liberal Party. Of the more substantial variations from the model of 1893 it may be said at once that they are CHANGES FOR THE WORSE 93 most of them changes for the worse. The nominated Senate already stands condemned and if the Bill reaches Committee will probably disappear. Some may think the notable declara- tion of the Prime Minister in his introductory speech that Home Rule for Ireland is to be the first step in a policy of Home Rule all round a change for the better ; but when the enthusiasts of federal devolution turn to the Bill itself they will find their hopes disappointed. Federations may vary greatly in the closeness of their cohesion and in the distribution of powers between the central and subordinate Governments ; but as far as I am aware every existing federation is in the matters of Customs and postal arrangements a unitary State. Yet the first step in the appli- cation of the federal principle to the United Kingdom commits us to a Customs line between Great Britain and Ireland and to separate Post Offices. By the time these things came to be settled the Government, we may suppose, had forgotten their great principle of federal devo- lution, which they had, of course, only espoused as a matter of political tactics, never as a real guide. The result is characteristic at once of the shifty opportunism and the logical incoherence that are conspicuous throughout the Bill ; and when we come to analyse the powers of the new Irish Parliament we shall find further illustrations. The most glaring change for the worse in the present measure of Home Rule as compared with earlier proposals is, of course, to be found in the new financial arrangements. They will call for separate treatment later ; here only their broad features need to be indicated. The Bill of 1886 provided for an Irish contribution to Imperial services reckoned on the basis of one-fifteenth of the total cost; the Bill of 1893 fixed the 7* 94 GENERAL FEATURES OF THE BILL contribution at one-third of the true Irish revenue raised on Imperial taxes; the Bill of 1912 not only does not ask for any contribution, but retains a number of local Irish services as Imperial and makes an Imperial contribution to the remaining Irish services of half a million annually. The net result is that, while under either of the former Bills Ireland would have contributed to Imperial expenditure about two millions annually she will now receive from Imperial sources more than two millions annually ; and this is in spite of the fact that Ireland is to-day a far richer country than she was twenty years ago. The Irish debt, which at the time of the Union was over thirty millions, and at the time of the amalgamation of the Exchequers in 18 17 over a hundred millions, is wiped out altogether ; and in addition the British taxpayer retains the expensive privilege of financing Irish land purchase on account of which he is already committed to a liability of a hundred millions sterling, with a contingent liability of a hundred millions more. If the arrangement is objectionable for its prodigality and gross inequity it is perhaps not less objectionable for its total lack of simplicity and of real generosity in everything but money. At the maximum of cost it will cause the minimum of satisfaction and the maximum of friction. The Government seem deliberately to have aimed at complexity in the hope of concealing from the British taxpayer the extent to which he is to be penalized and in order also to present the appearance of conceding something to the Irish demand for fiscal independence without granting the reality. The result is a scheme which, in spite of its costly extravagance, will, as is clear enough already, breed discontent in Ireland ; which will give to the Irish Parliament just IRISH MEMBERS OF PARLIAMENT 95 enough power to enable it to make confusion, not enough to enable it to follow any fiscal or financial policy of its own ; and which will so inextricably entangle the finances of the two countries as to nullify at once what in the eyes of many Home Rulers is the chief purpose of the Bill. Home Rule is to relieve the congestion of business at Westminster; but under this scheme the forty-two Irish members who are still to be retained will consume more time over financial questions alone than the one hundred and three at present consume over all Irish business. The Bill of 1886 excluded the Irish members from Westminster altogether; the Bill of 1893 retained them, but reduced their number to 80 in rough accordance with population. The further reduction to 42 in the Bill of 191 2 will be regarded in many quarters as one of its best features. It is difficult indeed to found this compromise between total exclusion and reten- tion in the numbers to which population entitles on any logical principle ; and the provision by which the number is to be raised to the popula- tion quota when the financial arrangements come up for revision is a confession to that effect, and an awkward reminder of the provisional character that is stamped on the whole Bill. But from the point of view of Unionist Ulster and the opponents of Home Rule the reduction to 42 has one great merit. At present Ireland yields the Government a net majority of 65 ; with the new constituencies as defined in the first schedule of the Bill, there would probably be ten Unionists and 32 Nationalists, a net majority of 22, or a net loss for the Government of 43 supporters. This loss would be felt at once after " the appointed day " on which the Irish Parlia- ment met, and it would probably be sufficient, if the appointed day came, say early in 191 5, to cause 96 GENERAL FEATURES OF THE BILL the immediate downfall of the United Kingdom Government or a dissolution of Parliament. The elections would then be fought at a moment when the burning question was the employment of British troops for the coercion of Unionist Ulster into a recognition of the authority of the Home Rule Government, and we can imagine the Ministry's chances of obtaining a favourable verdict. But it is clear enough in other ways to any one who studies this highly complex Bill that the Parliament Act must fail to fulfil the chief purpose for which it was intended, of enabling its authors to carry Home Rule in defiance of the predominant partner. " It is of the essence of the Parliament Act, both in its letter and spirit," the Prime Minister has told us, "that a Bill which becomes law under its operations must have commanded during three consecutive Sessions the unswerving support of the House of Commons, dependent directly in its turn upon a stable and consistent public opinion in the constituencies." A Bill which is in effect a new Constitution both for the United Kingdom and for Ireland, bristling with detail, touching multitudinous interests, presenting multitudinous faces for attack, and provoking by its endless compromises more dissatisfaction than en- thusiasm in every quarter, can never fulfil the Prime Minister's conditions. Still less can it do so when we remember that a stable and con- sistent public opinion will be needed not only in Great Britain but in Ireland itself, and perhaps it may be added among the Irish in America. It is safer to assume that the majority in the House of Commons will prove servile to the Government ; but if the Bill reaches the House of Lords its rejection will at once convert it into a corpse, and there is no political antiseptic that UNLIKELY TO BECOME LAW 97 will preserve it from putrefaction for a space of two years. Let any one try and imagine an attempt to galvanize into life the Bill of 1893 when it had been dead two years, and he will have a measure of the difficulty of the task before the Government. CHAPTER II THE NEW IRISH PARLIAMENT The Home Rule Bill of 1893 provided for the establishment of "an Irish Legislature" of two Houses, which were to be known as the Legis- lative Council and the Legislative Assembly ; the new Bill provides for the establishment of "an Irish Parliament" whose two Houses are to be known as the Irish Senate and the Irish House of Commons. " What's in a name ? " In Ireland there is much, and this change of no- menclature is highly significant. The w r ord 11 Parliament " has a ring of national independ- ence, and will set sentiments aglow which the word " Legislature " would leave cold. It will appeal also to historic memories ; and " Mr. Redmond's Parliament" will sound far better in history as a pendant to " Grattan's Parliament" than " Mr. Redmond's Legislature" would. Even to the mind of the severely practical Saxon an Irish House of Commons will be a body of higher prestige, and one calling for more deference, than an Irish Legislative Assembly. The Legislative Council of 1893 was to consist of 48 members elected by large constituencies on a £20 franchise; the new Irish Senate is to consist of 40 nominated Senators holding office for eight years independently of a dissolution, 98 THE TWO HOUSES 99 though one-fourth are to retire every second year. The original nominations are to be made " by the Lord Lieutenant subject to any instruc- tions given by his Majesty"; that is to say, by Mr. Birrell under orders from the potent Nationalist " boss," Mr. Devlin ; afterwards by the Lord Lieutenant on the advice of the new Irish Cabinet ; that is to say, by Mr. Devlin acting directly. As a safeguard for the minority a body so constituted would be utterly worthless. For nomination for life, as in the case of the Canadian Senate, there is something to be said ; it secures to a Second Chamber, if not collective prestige, a measure of independence in the individual members. Nomination for a term, especially in the early critical years, when the average term was short, would place the Irish Senators, if they cared for a renewal of their mandate, in a position of complete subservience to the new Irish Govern- ment. But the principle of nomination has excited the ire of the Radicals, and, if the Bill reaches Committee, will probably disappear. The Legislative Assembly of 1893 was to consist of 103 members returned by the existing constituencies ; the new House of Commons is to consist of 164 returned by scheduled con- stituencies. The increase in the number of mem- bers is to be regarded in connexion with the provision for determining disagreements between the Houses by means of a joint Session. In in- troducing the Bill Mr. Asquith said that this provision followed the South African precedent. As a matter of fact, a similar provision appeared in the Bills of 1886 and 1893 ; but whereas in 1886 there was a first Order of 103 members to a second Order of 204, and in 1893 a Council of 48 to an Assembly of 103, there will now be a Senate of 40 to a House of 164 ; and, unless on the question at issue there is an overwhelming 100 THE NEW IRISH PARLIAMENT majority of the Senate against a small majority of the House, the Senate will have little power of influencing the decision. Irish Ministers are to have the right of sitting and speaking in both Houses, though only of voting in one, and all Peers, Irish or other, are to be qualified for membership of either the Senate or House of Commons. It is worth noticing that in accordance with the principles of the Parliament Act the Senate is expressly debarred from amending or rejecting Money Bills. The Irish Parliament after three years is to have powers of redistribution, provided that the total number of members shall not be altered and that " due regard shall be had to the population of the constituencies." In the schedule, which in the meantime defines the Irish constituencies, regard is had to population in a manner that leads to some very curious results. Mr. Asquith explained that the unit of population was to be 27,000, and that no constituency was to have less ; from a comparison of the schedule with the returns of the last Census it has appar- ently also been a principle that when a consti- tuency reaches 40,000 it is entitled to two members, and in the case of County Cork the outcome is as follows : — Population, No. of 1911. Members. North Cork . 42,342 2 North-east Cork 44,276 2 Mid Cork 4^,251 2 East Cork 43,264 2 West Cork . 39*57° I South Cork . 38,848 I South-east Cork 39,365 I THE SUPREMACY OF PARLIAMENT 101 When we come to the powers granted to the new Irish Parliament we find that, as in 1893, the first limiting condition is that, notwithstand- ing its establishment, " the supreme power and authority of the Parliament of the United King- dom shall remain unaffected and undiminished over all persons, matters, and things within his Majesty's dominions." Mr. Asquith has always insisted with great emphasis on the supremacy of the Imperial Parliament herein asserted, but what does this supremacy mean ? It may mean something very real, or it may mean as little as the formula which introduces the arrangements for the new Irish Executive; "The executive power in Ireland shall continue to be vested in His Majesty the King." In theory the Imperial Parliament possesses supreme power and autho- rity in London and Melbourne alike ; but in London, in spite of the existence of the London County Council, the supreme power and autho- rity are real and effective, in Melbourne they are merely formal, devoid of substantial content, little more than a legal figment, indicative at most of a theoretical sovereignty, the existence of which is tolerated because it is practically non-effective. Is Ireland under Home Rule to be in a position in this respect of London or of Melbourne? The Bill is ambiguous. Is the Prime Minister speaking as a statesman or a lawyer when he uses his sonorous phrases about the supremacy of Parliament ? He has probably never dared to ask himself the question. At one moment he seems to be speaking purely as a lawyer. " We are here in the Imperial Parliament," he said in his introductory speech, "and the Imperial Parliament can neither sur- render nor share its supreme authority to or with any other body in any other part of his Majesty's Dominions. That is the cardinal 102 THE NEW IRISH PARLIAMENT principle upon which this Bill proceeds." Under that cardinal principle the United Kingdom Parlia- ment may be as impotent in Dublin as it is in Montreal. Elsewhere the Prime Minister seemed to contemplate a more definite and positive autho- rity. " There is," he said, " and must remain, and is expressly recognized here, the over-riding force of the Imperial Legislature, which can at any time nullify, amend, or alter any Act of the Irish Parliament," and then he quoted part of a clause on concurrent legislation which appears for the first time in the present Home Rule Bill :— "41. — (1) The Irish Parliament shall not have power to repeal or alter any provision of this Act (except as is specially provided by this Act), or of any Act passed by the Parliament of the United Kingdom, after the passing of this Act and extending to Ireland, although that pro- vision deals with a matter with respect to which the Irish Parliament have powers to make laws. " (2) Where any Act of the Irish Parliament deals with any matter with respect to which the Irish Parliament have power to make laws which is dealt with by any Act of the Parliament of the United Kingdom passed after the passing of this Act and extending to Ireland, the Act of the Irish Parliament shall be read subject to the Act of the Parliament of the United Kingdom, and so far as it is repugnant to that Act but no further, shall be void." The language of the clause is less emphatic, as will be seen, than that of the Prime Minister, and one would like to be told whether it is intended only for show and will remain in practice a dead letter, or whether the United Kingdom Parlia- ment will really exercise its powers of concur- rent legislation. In legal theory the same right, AMBIGUITY OF THE BILL 103 whether expressly reserved or not, exists in the case of the self-governing Colonies ; and if in the case of Ireland, as is probable, it remains equally a dead letter, it will also be at once as useless and innocuous. If, on the other hand, the Im- perial Parliament makes effective use of its powers, it will mean a renewal of the position which was so productive of discord between the two Parlia- ments in the eighteenth century. Without the backing which it will now possess of an inde- pendent Irish Executive the Irish Parliament then emerged victorious from the struggle. It won complete independence, and independence speedily led to its extinction. We may look for- ward to a reproduction of these phases in the struggle which will begin anew on the " appointed day " when the Irish Parliament is re-established. The fact is, the Bill leaves the ambiguity in the meaning of the supremacy of the United King- dom Parliament to be determined by the play of forces. If it is determined in one sense, the centre of gravity of Irish affairs will continue to be in London ; the Union will remain a reality ; the new Legislature will be subordinate — or probably insubordinate will be found to be the appropriate word. Ireland, on the other hand, will have a feeling of exasperation at having been defrauded ; discontent, so far as it is based on a genuine aspiration after national self- government, will be more rampant than ever ; and the principal change will be that we shall have armed discontent with new and power- ful weapons and endowed with machinery for producing confusion. If, on the contrary, the ambiguity is determined in the sense adverse to the Imperial Parliament, it will mean the destruc- tion of the Union and the institution of a system of dualism at the centre of the Empire with the dangers incident thereto ; the colonial status for io4 THE NEW IRISH PARLIAMENT Ireland without its advantages; a Legislature practically independent, but harassed by restric- tions which, though nugatory for good, will act powerfully as irritants and in weakening responsi- bility. These alternative evils we shall owe to the inability of the Government to make up their minds as to what they mean, to their unwilling- ness to follow the guidance of any definite principle, to their awkward attempt to straddle between the federal and colonial solutions — be- tween British supremacy and Irish nationhood. As Mr. Balfour said, they are giving privileges which, if Ireland be a nation, are not enough, and, if Ireland be not a nation, are far greater than they ought ever to have given. The same halting between two opinions and lack of guiding principle are visible when we come to the more precise definition of the powers of the new Parliament. The Irish Parliament is to have power to make laws for the peace, order, and good government of Ireland. There is no need to dwell on what Mr. Asquith magniloquently de- scribed as the territorial limitation ; but this once accepted, let it be noted that the Bill proceeds D3 7 the vicious method of a general grant of powers subject to certain enumerated exceptions and restrictions, instead of assigning specified sub- jects, such as education, public works, local government, and so forth, to the competence of the Irish Parliament, and then proceeding on the assumption made in the Canadian Constitution that everything that is not conceded is withheld. The retention of the right of concurrent legisla- tion by the United Kingdom Parliament, if it means anything in practice, would place the Irish Parliament in a worse position than that in which the Legislature of a Canadian Province stands to the Parliament of the Dominion ; but this grant of the residuary powers raises Ireland POWERS AND DISABILITIES 105 far above a province of the Dominion to the dignity of an American State. It is one of the points in which the Bill clearly shows a leaning towards national dualism rather than federal devolution. The list of exceptions and restrictions, how- ever, is long and entirely inconsistent with the dignity of nationhood. Ireland, as Mr. Healy plaintively remarked, is to have no flag, no mint, no army, no navy. All of these the Colonies have, even the flag, which, though common, is the flag of their choice ; and in addition they have powers of dealing with naturalization, copyright, patents, and external trade which are all denied to Ireland. External trade, indeed, which was excluded in 1893 without qualification, is now excluded with the qualification, "except so far as trade may be affected by the exercise of the powers of taxation given to the Irish Parliament or by the regulation of importation for the sole purpose of preventing contagious disease." The Irish Parliament is also debarred from dealing with the collection of taxes, Irish or imperial, with the management and control of the constabulary for six years, and with the general subject-matter of the Acts relating to land purchase, old-age pensions, and national insurance. The last three disabilities are new since 1893, but on the other hand, as already noted, the Irish Parliament will now have con- trol of the Irish Post Office, which was previously withheld. The clause restraining the Irish Legis- lature from violating the principles of civil and religious equality, which in the Bill of 1893 covered more than a folio page, is now reduced to the following : — " 3. In the exercise of their power to make laws under this Act the Irish Parliament shall 8 106 THE NEW IRISH PARLIAMENT not make a law so as either directly or indirectly to establish or endow any religion, or prohibit the free exercise thereof, or give a preference, privilege, or advantage, or impose any disability or disadvantage, on account of religious belief or religious or ecclesiastical status, or make an}' religious belief or religious ceremony a condition of the validity of any marriage." The provision copied from the United States Constitution against any person being deprived of life, liberty, or property without due process of law has now disappeared ; and it will be noticed that among the exceptions and restric- tions there is none debarring the Irish Parliament from dealing with criminal law and procedure, so that on the principle of residuary powers these matters must be assumed to be within its jurisdiction. The exceptions and restrictions embodied in the new Constitution imply judicial machinery to make them effective. When a question arises as to whether an Irish Act is ultra vires, it will be decided in the ordinary course of litigation by the Judicial Committee of the Privy Council, which now becomes the final Court of Appeal for Irish cases. But, in addition, the curious pro- vision of the last Bill is retained, whereby the Privy Council on an application from the Lord Lieutenant or a Secretary of State can declare an Irish Act void even before it has become operative or given rise to litigation. The application is to be referred to the judicial Committee, but, as Professor Dicey has pointed out, the procedure is wholly foreign to the spirit of English law, and the Privy Council in tnis case would really be taking action as an administrative body. Viewed in this light the proposed arrangement seems admirably contrived for bringing the central THE IMPERIAL VETO 107 power, as represented by the Privy Council, into conflict with the new Parliament. There is another check w T hich is frankly execu- tive or administrative, and which will probably be no less unworkable in practice, the Imperial Veto. " We reserve," said the Prime Minister, "completely unimpaired the supremacy and the responsibility of the Executive here, and the power of vetoing or postponing any legislation which the Irish Parliament may pass." By the Bill of 1893 the Lord Lieutenant was, on the advice of the new Irish Government, to give or withhold the assent of the Crown to Bills passed by the two Houses of the Irish Legislature, " subject nevertheless to any instructions given by her Majesty in respect of any such Bill." The reference to the advice of the Irish Government now disappears and we get the following clause : — "7. The Lord Lieutenant shall give or with- hold the assent of His Majesty to Bills passed by the two Houses of the Irish Parliament, subject to the following limitations ; namely — " (1) He shall comply with any instructions given by His Majesty in respect of any such Bill; and "(2) He shall, if so directed by His Majesty, postpone giving the assent of His Majesty to any such Bill presented to him for assent for such period as His Majesty may direct." Apparently the Lord Lieutenant is to be some- thing more than the representative of a constitu- tional Sovereign, which is practically the position of the Governor of a self-governing colony ; like the Governor of a Crown Colony, he is also to be the representative of an arbitrary Imperial Government. The Imperial Veto is tolerated in the self-governing Dominions because it is practi- 108 THE NEW IRISH PARLIAMENT cally inoperative, and the attempt to use a Colonial Governor as the agent of the Imperial Government for the protection of natives broke down even in the case of little Natal. The attempt to use the Lord Lieutenant for the pro- tection of the Irish minority would end in the same way, in the local Ministry making the exercise of all his prerogatives subject to their advice. This question of the position of the Lord Lieutenant leads naturally to the subject of the Irish Executive, which will be considered in the next chapter. CHAPTER III THE EXECUTIVE POWER A Parliament appeals to the popular imagina- tion ; the question of the Executive is often lightly dismissed, but it is really of greater practical significance, as Unionist Ulster has divined. No one in Ulster attaches any impor- tance to theoretical safeguards against unjust legislation. It is the power of an Irish Execu- tive not responsible to the Imperial Parliament that is dreaded as a menace to their security and well-being. The Bill endows Ireland with a separate Executive responsible to the Irish Parliament. Unless we are to reckon two brief periods in the seventeenth century when she was in open rebellion against the Government of Great Britain, Ireland has never through all her che- quered history possessed anything that could be called a national Executive of her own. It is at this point that historical experience entirely fails us, and that the Home Rule experiment becomes a leap in the dark. The Protestant ascendancy was tempered in its harshest hour by the de- pendence of the Irish Executive on Great Britain ; and even during the short and troubled life of the Grattan Parliament, when in theory the Irish Legislature was completely independent, the 8* 109 no THE EXECUTIVE POWER Irish Executive remained under the control of the Government and Parliament in London. Theorists, indeed, tell us that it was the absence of an Executive responsible to the Irish Parlia- ment that prevented Grattan's experiment from achieving all the success of colonial self-govern- ment. But I have alread}^ considered the ques- tion how far the colonial analogy could ever have been applicable to Ireland, and there is no need to labour the matter again, especially as no one can pretend that this Home Rule Bill gives to Ireland a colonial constitution, or reproduces even approximately the conditions which have won suc- cess for responsible government in the Colonies. We have seen already how the new Parliament is trammelled and restricted, endowed with powers too small for the free development of a national life, too great if it is intended to take its place in a general system of federal devolu- tion. Precisely the same remarks apply to the new Executive. It is too strong for subordina- tion, not strong enough for the development of responsibility and the satisfaction of a national demand. It will either extort complete freedom by a continuance of the old process of obstruction, agitation, menace, and violence ; or it will have to be reduced to submission by an exercise of the arbitrary power of the United Kingdom Government. The opening sections of the first of the two clauses that are expressly devoted to the subject of executive authority run as follows : "4. — (1) The executive power in Ireland shall continue vested in His Majesty the King, and nothing in this Act shall affect the exercise of that power except as respects Irish services as defined for the purposes of this Act. "(2) As respects those Irish services the Lord A DUAL EXECUTIVE m Lieutenant or other chief executive officer or officers for the time being appointed in his place, on behalf of His Majesty, shall exercise any pre- rogative or other executive power of His Majesty the exercise of which may be delegated to him by His Majesty. " (3) The power so delegated shall be exercised through such Irish Departments as may be estab- lished by Irish Act, or, subject thereto, by the Lord Lieutenant, and the Lord Lieutenant may appoint officers to administer those Departments, and those officers shall hold office during the pleasure of the Lord Lieutenant. 11 (4) The persons who are for the time being heads of such Irish Departments as may be deter- mined by Irish Act or, in the absence of any such determination, by the Lord Lieutenant, and such other persons (if any) as the Lord Lieutenant may appoint, shall be the Irish Ministers." These sections must be read in the light of the Prime Minister's comment : " The Lord Lieutenant will be advised in regard to all Irish matters by an Irish Executive ; and I wish to make it perfectly clear that as far as the Executive in Ireland is concerned the area of its authority will be co-extensive with the legislative power of the Parliament, neither greater nor less, whatever matters are for the time being within the legislative competence of the Irish Parliament will be for administrative purposes within the ambit of the Irish Executive ; what is outside will remain under the control and subject to the administration of the Imperial Executive." Speaking in 1893 on the second reading of the Home Rule Bill, Mr. Asquith expressly repudiated the idea of setting up in Ireland two independent and separate executives ; but that is precisely ii2 THE EXECUTIVE POWER what the new Bill will give us. There will be the present Imperial executive retaining most of its present power, and there will be an Irish executive with the Lord Lieutenant as its nominal head, while the real depositaries of power will be the Irish Ministry responsible to the Irish Parlia- ment. The Irish Executive will have control of all the " Irish services " : Local Government, Public Works, the Irish Post Office, the Depart- ment of Agriculture, Public Education, Law, Justice, and Prisons, and, as we glean from the Out- line of Financial Provisions issued with the Bill — for the Bill itself is silent — the Dublin Metro- politan Police. The Congested Districts Board also appears in the Outline as an Irish service, but we must assume that as regards its important land purchase powers it will remain under the control of the Imperial Executive. The Imperial Executive will collect all the taxes, administer old-age pensions and national insurance, manage the savings banks, appoint the Land Judges and Estates Commissioners, direct and finance the operations of land purchase, hold half the land of Ireland in mortgage, and, even apart from any extension of its present obligations, collect the purchase annuities till near the close of the present century, control the Royal Irish Con- stabulary for the first six years, exercise immense powers of patronage in all these relations, and finally veto at will the Acts of the Irish Parlia- ment. This indeed will mean for Ireland some- thing very different from national self-government; and if it is federal devolution it is hard to trace the resemblance to any existing system of federal administration. It is really a haphazard system of dual control, with the powers distributed on no intelligible principle and in such a manner that conflict of jurisdiction and chaos must inevitably result. ELEMENTS OF CONFUSION 113 Look for a moment at some of the elements of confusion. Old-age pensions, which are to remain an Imperial service, are administered at present through the Local Government Board and the Post Office, both of which are at once to pass under Irish control. The Post Office is transferred regardless of the fact that unity of administration throughout the United Kingdom would in war time be of vital importance in the interests of Imperial strategy. The Post Office also plays no small part in the business of recruiting for the Army ; it cannot continue to do so only by favour of the Irish Government. Again, land purchase is to remain a strictly Imperial service; but the rent-fixing functions of the Irish Land Commission are to be placed at once under the control of the Irish Government regardless of the fact that rent is the basis of the whole business of land purchase, and that the Irish Executive could by an extreme policy as regards rent compel the sale of all the estates still unsold in Ireland at any terms obtainable. But it is not necessary to credit the Irish Executive or the Irish people with any spirit of ill-will in order to see that the proposed arrangements are impossible ; by their very nature they must lead to conflict and confusion, and to what is worst of all in Ireland, executive impotence. In England, said Disraeli in one of his pithy phrases, Government is weak because society is strong; in Ireland, on the contrary, where society is weak, Government should be strong. It is hard indeed to see how Govern- ment can be strong under the provisions of the Home Rule Bill. With all the immense powers retained by the Imperial Government the question at once arises of Ministerial responsibility for Irish affairs in the Parliament at Westminster. The Chief ii 4 THE EXECUTIVE POWER Secretary to the Lord Lieutenant will now, we may assume, disappear, but who is to take his place? It shows in what a perfunctory spirit the Government have prepared their plan, if plan it can be called, and how little they have en- deavoured to envisage its practical working, that when Mr. Birrell the other day was questioned on this point he could only answer that it would be necessary, of course, that some Minister of the United Kingdom Government should be respon- sible for the Irish business which still rested with that Government. " Whether," he airily added, 11 there should be more than one such Minister, or what the description of that Minister should be are matters on which I can give no answer at present." It would seem that neither he nor the Government had ever even thought of the sub- ject; yet to take the police alone, and, as Mr. Balfour pointed out, not a peasant can be evicted in far Connemara without the eviction being an act for which the Imperial Government is technically responsible and liable to arraign- ment in the Imperial Parliament. Every incident in Ireland in the enforcement of the law will have its echoes at Westminster; everything question- able in the conduct of the police by the way either of action or inaction is certain to be questioned. It is hard, indeed, to say where the power will be, but the responsibility at all events will be with the Imperial Government. The Dublin Police, as we have seen, will from the first be an Irish service ; but what will be the real position of the Royal Irish Constabulary during the six years that they are to remain in theory an Imperial Service ? Mr. Samuel en- deavoured to explain in reply to Mr. Balfour. 11 The police," he said, " will be under the orders of their own Inspector-General of Constabulary, and he in turn will be under the orders of the CONTROL OF THE POLICE 115 Lord Lieutenant." The Opposition laughed, as well they might. It looks, indeed, as if the con- trol of the police by the Imperial Government would only mean in practice its right to pay for them. The Bill of 1893 contained the provision : 11 The said two forces [Metropolitan Police and Irish Constabulary] shall, while they continue, be subject to the control of the Lord Lieutenant as representing his Majesty." Nothing is said in the present Bill of the Lord Lieutenant in this matter representing his Majesty, and, even if there were, we may doubt whether it would make much difference in practice. The Common- wealth of Australia Act contains a provision that " the command-in-chief of the naval and military forces of the Commonwealth is vested in the Governor-General as the Queen's representative," and there are similar provisions in the Constitu- tions of the Canadian Dominion and the South African Union ; but we can imagine the con- sequences that would follow an attempt by a Governor-General to exercise his legal powers independently of his local advisers. We may take it for granted that the Lord Lieutenant will be the obedient servant of his Irish Ministers, and that in practice the Irish Government will control the Constabulary from the first. Any other solution is, indeed, inconceivable ; for an Irish Executive which was left without power to enforce the laws of the Irish Parliament or its own administrative decrees would be in a ludi- crous position. Yet, on the other hand, with the police (from the first or very shortly) and the administration of justice under the control of the Irish Government, what will be the position of the Imperial Executive charged with the duties of collecting all the revenue and land purchase annuities over the greater part of Ire- land ? n6 THE EXECUTIVE POWER The Lord Lieutenant, like a Colonial Governor, is now to hold office for a fixed term of six years, not to change, as in the past, with Administra- tions in Great Britain. This would appear to confirm the other indications that he is to be a Constitutional Governor not charged with the execution of Imperial policy in Ireland. Yet in theory, as we have seen, he is not only to control the Constabulary, but to exercise the Imperial veto on the instructions of the Imperial Govern- ment, and to have the power of referring Irish Acts of doubtful validity to the United Kingdom Privy Council. As to what his relations are to be to the Imperial Executive in Ireland as regards its general duties the Bill is completely silent. Mr. Samuel, indeed, made a bold attempt to face the metaphysics of his position. "The Lord Lieutenant," he said, "like all Colonial Gover- nors, has a dual capacity. So far as Imperial services are concerned he is under the general direction of the Imperial authorities, and so far as local government is concerned he acts upon the advice of his Constitutional Ministers as an Im- perial officer." With some inconsequence he added, apparently harking back to the police, u This is a temporary provision during the first six years " ; it is not likely to have any reality for even six months. The dual capacity of the Governor of a self-governing colony is almost wholly theoretical, except in such a case as the Union of South Africa, where the Governor- General as High Commissioner has jurisdiction in Imperial territories outside the Union. Within the jurisdiction of his Ministers a Colonial Governor finds it impossible to move without them, and we may be fairly certain that in Ireland the Lord Lieutenant will be in the same position. The problem of the Lord Lieutenant and the A HYBRID SCHEME 117 Executive arrangements generally well illustrate the jumble of federal and colonial ideas which we find in the Bill throughout, as in the speeches of Ministers since the controversy began. At one moment Ireland seems to hold towards Great Britain the same relation that the Dominion of Canada holds towards the United Kingdom ; at another moment Ireland holds in the United Kingdom the same position that Ontario holds in the Dominion of Canada. If the Government had been serious in their adoption of the federal principle the Lord Lieutenant would have been given the status of a mere provincial Governor, having nothing whatever to do with Imperial administration, and the powers of his Ministry would have been limited and defined according to some considered plan of federal devolution. But the Government have been obsessed by fear of the Nationalist Convention and of the Irish " national " idea, and, while shrinking from the reality of the colonial solution, have endeavoured to produce a hybrid which could be presented as federal devolution in Great Britain and dis- torted into the semblance of something larger in Ireland. The result is a crude and incoherent scheme of which no one can predict anything with certainty, except that it must lead to hope- less confusion. Its authors seem content to leave its outcome to chance and its problems to a process of solvitur ambulando ; and only in that way could its real significance be determined. But it is fairly safe to assume that the drift from the first, through endless friction and complica- tion, would be away from federalism and towards the colonial solution ; until Nature reasserted herself in her own good time and Ireland was forcibly reannexed to Great Britain. CHAPTER IV THE FINANCIAL PROVISIONS One may well be allowed to pause and shiver on the brink before plunging into the finance of the third Home Rule Bill. No smooth surface hides its dark and treacherous depths, which are sufficient to appal even the most venturesome. In statesmanship, as in most other departments of human activity, simplicity is the note of every great and lasting achievement, and simplicity certainly cannot be predicated of the financial arrangements. Complexity, entanglement, and obscurity are their characteristics. No strong conception appears to have dictated them, no intelligible principle appears to underlie them ; and it is hard to acquit the Government of the suspicion of having deliberately tried to make confusion worse confounded in the hope of concealing the fundamental vice and inequity of their proposals. Let us begin from the point of view of the new Irish Government. As we have seen already, all taxes are to be collected by the Imperial Govern- ment and paid into the Imperial Exchequer, but a separate Irish Exchequer is now to be estab- lished from which will be defrayed the cost of Irish government as regards the Irish services. The distinction already noted between these Irish uS THE TRANSFERRED SUM 119 services, which are to be placed under the control of the new Irish Government, and the reserved services, which are to remain under the control of the Imperial Government, now becomes of vital importance. The Irish Government, whose province is co-extensive with the Irish services, is to be run on what the Committee of Experts appointed to advise the Cabinet, but whose advice has been disregarded, condemned as the " contract S3'stem." A definite sum, which is to be calculated at such amount as will cover the present expendi- ture on all Irish services, including the deficit on the Post Office, and will provide a surplus of £500,000 for the benefit of the new Irish Govern- ment, is to be paid over annually to the Irish Exchequer. This sum, which is to be known as the " transferred sum," and which is estimated provisionally at £6,127,000, is to be determined precisely by the Joint Exchequer Board, a new body created for the purposes of the Bill, to which we shall revert. The transferred sum, once determined, is to be maintained for three years at the original amount, so as to yield the paper surplus of £500,000 to the Irish Govern- ment ; afterwards it is to diminish by £50,000 annually till, at the end of nine years, the surplus has fallen to £200,000, at which amount it is to stand. Subject to certain liabilities, which will rank as first charges, but which need not now detain us, the transferred sum, once determined, will be completely at the disposal of the new Irish Government. The subvention remaining fixed, any savings effected in expenditure on Irish services will accrue to the benefit of the Irish Exchequer, and may be used by the Irish Parlia- ment either for the increase of expenditure in other directions or for the remission of taxation. If taxes are lowered, a less sum will be collected i2o THE FINANCIAL PROVISIONS by the Imperial authorities, and the transferred sum will be diminished by a corresponding amount. On the other hand, as we shall see, the Irish Parliament will have considerable powers of increasing taxation, and, if it chooses to utilize them, the Imperial authorities will collect a larger revenue on Irish account and the transferred sum will be swollen by the amount of the increase. Except as regards these powers over taxation, the whole arrangement is similar in principle to that which was proposed under Mr. Birrell's Irish Council Bill of 1907, and not very widely different in scope ; for under that Bill an annual sum of £4,164,000 was to be handed over by the Treasury to defray the cost of the Irish services proposed to be transferred. In the text of the present Bill specific figures are avoided for the obvious reason that before it could have a chance of becoming law under the provisions of the Parliament Act they would be hopelessly out of date ; but we can get specific figures from the Outline of Financial Provisions issued simultaneously. For the current financial year the total cost of the Irish services which are transferred to the Budget of the new Irish Government is estimated at £5,627,000, the amount which we obtain by deducting from the trans- ferred sum the £500,000 to be paid over by the Treasury to launch the new Irish Government on its career with a surplus. The total Irish expenditure for the same period, however, in- cluding the excess expenditure on the Post Office, is estimated at £10,919,000. The difference, £5,292,000, represents the cost of the reserved services for which the Imperial Government retains responsibility. The true Irish revenue is estimated for the } r ear at £9,404,000, which, after the transferred sum has been paid over to the Irish Exchequer, leaves a balance of £3,277,000 THE IMPERIAL DEFICIT 121 in the hands of the Imperial Treasury for meet- ing the cost of the reserved services, £5, 292,000. This leaves an Imperial deficit on Irish account of £2,015,000. As the Outline of Financial Pro- visions naively puts it, the Imperial Govern- ment's receipts and expenditure on Irish account would M balance " as follows : Revenue £ Irish Revenue (excluding Post Office and fee stamps). . . . 9,404,000 Deficit J_/C11<~11 ..... ^^0)^° Total . £ [1,419,000 Expenditure £ Transferred Sum 6,127,000 Old-Age Pensions . 2,664,000 National Insurance and Labour Ej changes .... . 191,500 Land Purchase — (1) Land Commission . . 592,000 (2) Other Charges , 169,000 Constabulary .... . 1,377,5°° Collection of Revenue • 298,00a Total . & 1 1,419,000 The deficit of £2,015,000 represents the real cost of Home Rule Ireland to the taxpayer of Great Britain, and nothing can disguise it. We are told, indeed, that with the exception of the £500,000 provided as an Irish surplus the whole of this cost falls on him at present ; but as any parent would feel, it is one thing meeting the expenses of children who remain members of the family living in the household, another setting them up in separate establishments of their own. 9 122 THE FINANCIAL PROVISIONS We are told also that the deficit has been rapidly growing, and that it will continue to grow under the Union, but that Home Rule not only enables us to " cut our future loss," but places us in a fair way towards ultimately getting rid of the deficit altogether. Let us examine this contention. The true Irish revenue, including non-tax revenue, has grown from £7,569,000 in 1893-4 to £10,839,000 in 191 2-1 3. The growth was, of course, mainly owing to higher taxation, but Mr. Samuel notes in the revenue of last year il a most remarkable and satisfactory increase " which is not wholly to be so explained and which encourages him to hope for an average increase in future years of £200,000. That, as he admits, is " perhaps an over-sanguine estimate," but if it is realized the whole of "the existing Irish deficit " will disappear in ten years. The estimate is certainly over-sanguine under Home Rule. The growth of Irish revenue is one of the many signs of the increased prosperity which the security of the Union and the Balfour policy are together bringing to Ireland ; can any one hope that it will be maintained under a system which the section of the Irish population industrially most advanced views with hatred and dread and is determined to resist even to the point of vio- lence ? It is under the Union that we have a prospect of the Irish deficit being gradually ex- tinguished by the growth of Irish prosperity ; if Home Rule were carried the prospect would be at an end. But if the Irish revenue has been growing the local expenditure in Ireland has been growing at a much faster rate. It has grown from £5,602,000 (Exchequer issues) in 1893-4 to £12,354,000 (estimated) in 1912-13, thus converting a surplus of nearly two millions in the year of THE GROWTH OF EXPENSES 123 the last Home Rule Bill into a deficit of over a million and a half in the year of the present. What are the chances of the growth of expenditure being checked in such a way that the taxpayer in Great Britain shall reap the benefit? Will the financial arrangements of the present Home Rule Bill have that effect ? The services, be it noted, of which the cost is practically stationary and which even perhaps offer opportunities for re- trenchment are assigned to the Irish Govern- ment, and any saving thereon will accrue to the benefit of the Irish Exchequer. For the services, on the contrary, of which the cost is rapidly growing, the Imperial Government remains re- sponsible, and the burden of the increase will fall on the British taxpayer. The amount which he pays in order to provide the Irish Government with a surplus will diminish in nine years from £500,000 to £200,000 ; and the Government also claim that the cost of old-age pensions will diminish in twenty years by £200,000. The Committee of Experts appear to take a different view. " The expenditure (of Ireland) includes," they affirm, " certain growing services, notably land purchase and old-age pensions, while there are not at present visible any declining services that might lead to counterbalancing economies." The Government themselves admit that the charges under the existing Land Purchase Acts will in ten or fifteen years increase by £450,000, and that in the same period the charges under the National Insurance Act will increase by £300,000. There are strong reasons for believing that the growth of expenditure on national insurance is greatly underestimated ; but even if we accept their estimates throughout and ignore the certainty of further land purchase legislation, we have to face a prospective growth of Imperial expenditure on Irish account by i2 4 THE FINANCIAL PROVISIONS ^250,000 annually, more than sufficient to swallow up Mr. Samuel's " over-sanguine " estimate of the possible average increase of revenue. That, however, is not all. It is impossible to believe that the Parliament at Westminster has yet closed the chapter of social legislation, and every Act that it passes making for increased expenditure will tend to swell the deficit in the Imperial account with Ireland. An argument in favour of Home Rule that I have frequently heard used by thinking Nationalists in Ireland, and especially by those whose opinions are most swayed by the genius of the Roman Church, is drawn from the danger under the present system of Ireland being dragged in the wake of Great Britain into Socialistic experiments for which her own people have no real desire. Old-age pensions and national insurance are, of course, the capital instances, but the present Home Rule Bill seems to have been framed expressly for depriving this argument of all point and weight. As regards old-age pensions and national in- surance Ireland remains linked to Great Britain as before ; and when Mr. Lloyd George has his next inspiration and proceeds to reduce the pension age to sixty-five or sixty, or to endow widows and orphans at the expense of the State, Ireland, we may be sure, will have to be included, the tide of Social legislation will continue to roll over her, and the deficit in her account with Great Britain will be swollen. There can be nothing more certain than that under Home Rule the deficit will grow at least as rapidly as before. The forty-two Irish members will have every motive for devoting their energies to fostering its growth. "The Bill," as we are told in the Outline of Financial Provisions, " makes no specific reference to the powers of the Imperial Parliament to levy IMPERIAL TAXATION 125 taxation in Ireland. The provision in Clause 1 that the supreme power and authority of the Parliament of the United Kingdom shall remain unaffected retains the existing powers of the Imperial Parliament in this regard." We have seen reasons for doubting whether the supreme power and authority of the Parliament of the United Kingdom will mean much in practice ; and we can be certain that every attempt by that Parliament to exercise its powers of increasing taxation in Ireland will lead to serious friction. The 42 Irish members, as they will have every reason for encouraging Imperial expenditure in Ireland, will have the same reason for fiercely opposing every increase of Imperial taxation, the subvention to Ireland remaining in either case unaffected. And if the Imperial Parliament im- poses a tax which is unpopular in Ireland the Irish Executive can make it impossible for the Imperial authorities to collect it. If the Imperial Parliament finds it difficult to increase taxation in Ireland pari passu with ex- penditure the deficit, of course, will grow faster than ever. If, on the other hand, the power of Imperial taxation is to be real and effective, what justification is there for reducing the number of the Irish members at Westminster ? It will mean taxation of Ireland — not without repre- sentation, but with inadequate representation. As some one — was it Mr. Balfour ? — said in debate, If Ireland is to govern herself they are 42 too many ; if she is not to govern herself they are 42 too few. " We do not think," said the Prime Minister, " that when Ireland has obtained full control of her own affairs either justice or policy requires that she should continue to be represented here on the same footing as the other component parts of the United Kingdom.'^ Ireland under the Bill obtains powers that will 9* f2 6 THE FINANCIAL PROVISIONS be dangerous to herself, to the United Kingdom, and to the Empire at large ; whether she obtains full control of her own affairs, whether even the financial arrangements are in accord with what the Committee of Experts call the keynote of the policy of Home Rule, " freedom within its own sphere for Irish nationality" is quite another matter. If we must have Home Rule there can be no question that the financial arrangement suggested by the Committee would have been far better and in the long run far less costly than that adopted by the Government. Subject to certain restrictions intended to guard against the raising of tariff questions that might prejudice relations with foreign Powers or trade between Great Britain and Ireland, they proposed to give the Home Rule Parliament complete authority to impose and levy taxation in Ireland. This would certainly have increased the power of the new Irish Government, but it would have increased its responsibility in the same degree, and it would have avoided the endless causes of friction and the entanglement of Budgets which are the worst features of the system adopted. Their plan for meeting the deficit and gradually extin- guishing it by an automatic process was simple and ingenious. They proposed that the Imperial Exchequer should accept the liability for all existing old-age pensions granted in Ireland, liability for future pensions remaining with the Irish Government, who would, of course, have had the option of reducing the scale or modify- ing the conditions. It is easy to see why Mr. Redmond and the Government refused to have anything to do with this proposal. For Home Rule there is at present little enthusiasm in Ireland ; but if so broad a hint had been given that it might mean the diminution of future old- THE IRISH PARLIAMENT'S POWERS 127 age pensions the Ulster enthusiasm for the Union would have received strong reinforcement from Malin Head to Cape Clear. Possibly as it becomes realized that the Home Rule Bill sets up a new taxing power in Ireland,, without removing the old, Ulster may yet find allies. The Bill does not grant complete powers of taxation to the new Irish Parliament, but the powers it grants it are considerable. It may levy any new taxes other than new Customs duties — a far-reaching provision. It may add to the rates of Excise duties, Customs duties on beer and spirits,, stamp duties (with certain exceptions), land taxes, or miscellaneous taxes imposed by the Imperial Parliament. And it may add to an extent not exceeding 10 per cent, to the income-tax, death duties, or Customs duties other than the duties on beer and spirits, imposed by the Imperial Parliament. It may also reduce any tax levied in Ireland with the exception of certain stamp- duties. Mr. Samuel talks confidently of " the economies in the cost of government which Home Rule offers " ; but unless the Irish Government,, unlike any new Government that one has ever heard of, proves cheap and efficient from the first, these economies will prove illusory and the power of reducing taxation will remain a dead letter. The " grave accusation " of the Standing Committee of the General Council of Irish County Councils "that increased taxation is the key-note of the financial provisions of the Bill "" seems better founded than Mr. Samuel cares to admit. There is a Free Trade provision that a Customs duty shall not be raised in its relation to the Excise duty to such an extent as to make for protection ; but the Bill will nevertheless have for one result the establishment of a Customs line between Great Britain and Ireland, and 128 THE FINANCIAL PROVISIONS will so deprive the United Kingdom of the fiscal unity which is an invariable feature of -every national State and federation in the world. The capital liabilities of the Post Office are to be apportioned between the two Exchequers, and as a result the Irish Parliament will begin its career with a debt ; but not a penny of the Irish Debt of over 30 millions as it stood at the time of the Union, or of over 100 millions as it stood at the time of the amalgamation of the Exchequers, is debited to Ireland. In 1893, Mr. Asquith laid down two principles as essential ; " first, that Ireland should pay a fair contribution to the Imperial Exchequer, and next that Ireland should be left with adequate resources for the proper management of its own affairs." Whether the second is now fulfilled Irishmen may judge ; the first, at all events, is forgotten. There is, of course, no longer any question of a contribution to Imperial expenditure, but there is an ironical provision that if for three consecutive years the total revenue from Ireland should exceed the total expenditure, then the Parliament of the United Kingdom shall revise the financial pro- visions with a view to securing a contribution from Ireland to Imperial expenditure, and ex- tending the powers of the Irish Parliament and Government with respect to the imposition and collection of taxes. I have already taken note of the bizarre proposal that for the purpose of this revision the representation of Ireland should be increased to the number to which her popula- tion entitled her, a proposal which might lead to a very curious situation in the Mother of Parlia- ments. The Board which is to be created for the purpose of determining the amount of the trans- ferred sum and other questions of fact arising THE RUSHING OF THE BILL 129 from time to time under the financial provisions is to consist of four members, appointed two each by the Imperial and Irish Treasuries, with a chair- man of " high capacity and complete impartiality " nominated by the King, that is to say, by the Imperial Government. As Lord Hugh Cecil pointed out, the existence of this Board and the general nature of the financial arrangements are fatal to the plea that Home Rule would bring relief to the congestion of Parliament. The Board would be charged with the decision of multitudin- ous questions open to controversy and of the nicest character, and every one of their decisions could be brought under review by the 42 Irish members, who, we may be reasonably certain, would not neglect their opportunities. Let me say that as a result of this attempt to elucidate some of the main features of the Bill in the foregoing pages I am more than ever im- pressed with the unwisdom and unseemliness of the Government policy of rushing the second reading. There has been no sufficient time for the public at large or the House of Commons itself to appraise the significance of the measure, and that not merely in points of detail that belong to Committee, but in the larger aspects to which a second reading debate is properly directed. The Bill is dubious in its intention, halts between principles, and is full of perplexing problems. No man can say what it will mean in practice, nor has there been any sufficient time for criticism and inquiry to formulate anything like definite conclusions. If passed it is intended to be a great organic statute ; but no Constitution hatched like this in secret intrigue and carried hastily over the head of a puzzled and reluctant nation has a chance of endurance. INDEX Agrarian Revolution, the, 36 America and Home Rule, 61 American Colonies, the, 72 Ashbourne Acts, the, of 1885 and 1887, 40 Asquith, H. H., 50; his early attitude to Rome Rule, 54 ; his unsuspected malleabil- ity, 55 ; and Mr. Churchill, 5 5 ; his Albert Hall declara- tion, 56 ; his surrender to Mr. Redmond, 58 ; in the elections of 19 10, 60 ; on " Home Rule all round," 93 ; on the Parliament Act, 96 ; on the new Irish Legisla- ture, 99 ; on supremacy of Imperial Parliament, 102 ; on the new Irish Executive, in ; on Ireland's contribu- tion to the Imperial Ex- chequer, 128 Australia, analogy between Ireland and, 10 1 Bagwell, Richard, on Irish factions, 66 Balfour, A. J., as Chief Secre- tary, 31 ; his Land Acts of 1887 and 1 891, 39 ; on the new Irish Parliament, 104 Balfour, Gerald, 47 ; his Local Government Act of 1898, 48 Biggar, Joseph, 22 Birrell, Augustine, 43 ; his Irish Council Bill of 1907, 51; his University Bill of 1908, 52 ; and Mr. Devlin, 99 ; on the new Irish execu- tive, 1 14 Bright, John, 25, 29, 39 Burke, E., on the Penal Code, 6, 13; on Colonial represen- tation at Westminster, 76 Butt, Isaac, 21 Canada, Fenian raid into, 20 ; T. P. O'Connor in, 61 ; the rebellion of 1837, 7^; analo- gy between Ireland and, 86 Caretakers, the Government of, 24 Cecil, Lord Hugh, 129 Chamberlain, Joseph, 25, 29 Churchill, Lord Randolph, 31 Churchill, Winston, 51 ; au- dacity of, 55 ; in Belfast, 65 ; on separation, yy Clan-na-Gael, the, 23 Colonial Analogy, the, 72 Colonies, the North American, 72 ; our self-governing, 7^ Colony, Ireland considered as a, 27, 29, 70, 72, sqq., 75 ; the impossibility of her being, 78 Commons, House of, new Irish, 99 Congested Districts Board, the, 40, 43 Conservative Party, the, and Home Rule, 24 Constabulary, Royal Irish, the 28, 105, 114 131 132 INDEX Constitutional Conference, the, 58 Cromwellian Settlement, the, 5 Customs, Irish, the, 93, 127 Davitt, Michael, 23 Department of Agriculture, the, 47, 112 Devlin, J., 99 Devolution, 49, 59 Devon Commission, the, 37 Dicey, Professor, on the Privy Council, 186 Dillon, John, 31 ; and land purchase, 43 Disestablishment of the Irish Church, the, 16 ; Mr. Glad- stone and, 20 Disraeli, Benjamin, on Irish history, 1 ; on weakness of English Government, 1 1 3 Drummond, Thos., 19 Dunraven, Lord, 49 Durham Report, the, 73 Empire, constitution of the British, 75 Encumbered Estates Act, the, ii, 37 England, hatred of, 10 ; Car- dinal Newman on the, 1 1 Estates Commissioners, the, created, 41 ; under Home Rule, 112 Evictions, 38 Executive, the new Irish, 10 1, 109 sqq. F's, the three, 23, 39 Famine, the, 11, 20 Fenianism, 20 Financial Provisions of Bill of 1886, 28 ; of the Bill of '893, 33 ; of present Bill, 93, 118 sqq. Financial Relations Committee, the, 48 Finlay, Father, 4 Gaelic League, the, 14, 52 George, D. Lloyd, his inspira- tions, 124 Gladstone, Herbert, 25 Gladstone, W. E., 20 ; and Parnell, 23 ; early attitude towards Home Rule, 24 ; his change of view, 25 ; his two Home Rule Bills, 27 sqq. ; dissolves Parliament, 30 ; returns to power, 32 ; his Bill of 1893, 3 2 ." re- signs, 35 ; and the Land Act of 1 88 1, 39; and the Lich- field House compact, 58 ; on the Irish character, 63 Goschen, Lord, 25, 29 Grey, Sir Edward, 50 Haldane, Lord, 51 Harcourt, Sir W. V., 31 Harrington, Marquis of, the, 25, 29 Ha war den Kite, the, 25 Healy, T., on the present Bill, 105 Home Rule Bill, the present, 89 sqq. ; contradictions of, 90 ; its " slimness," 91 ; compared with former Bills, 92 ; financial provisions of, 94, 118 sqq. ; retains Irish members at Westminster, 95 ; can never become law, 96 Home Rule, origin of name, 21 ; its principle, 21 ; division of Liberal party on, 25 ; the revival of, 54 sqq. ; indiffer- ence to, in Ireland, 61 ; the Antinomies of, 63 sqq. ; sectional, not national, 68 ; cost of, to Great Britain, 119 In-and-Out Plan, the, 70 Independence, full, impossible for Ireland, 78 Ireland, conquest of, 3 ; the new spirit in, 53 ; indifferent to Home Rule, 61 ; in- juriously affected by revi- val of agitation, 62 ; the cleavage in society, 65 ; INDEX 133 full independence for. 78 ; compared with South Africa, 80 sqq. ; analogy to New- foundland, 8$ ; and to Canada, 86, 117 ; contribu- tion of, to Imperial exchequer under Home Rule, 94 ; analogy to Australia, 10 1 Irish character, the, 64, 66 Irish debt, the, 94 Irish History, difficulty of studying, 1 ; tragedy of, 3 ; effect on Irish character, 64 ; lesson of, 66 Irish Reform Association, the, 49 Irish services, the, no, 112 Irish soldiers, gallantry of, 49 Irishman, the typical, 14 James, Sir Henry, 25 King Edward VII., death of, 58 Lalor, Fintan, 23 Land League, formation of the, 23 Land Purchase, the Bill of 1885, 29, 40 ; of 1887, 40 ; of 1891, 40 ; of 1903, 41 ; of 1909, 43 ; future of, 44, 115 ; cost of, 44 Land Stocks, fall in price of, 42 Land tenure, Irish system of; 5, 36 Land war, the, 13, 23, 36 sqq. Landlords, Irish, 37 Legislature, Irish, Mr. Glad- stone's first proposed, 27 ; his second proposed, ^3> 98 ; as now proposed, 69, 98 sqq. ; its relation to Imperial Par- liament, 92, 10 1 ; " Legisla- ture " or " Parliament," 98 ; electoral unit for, 100 Lord-Lieutenant, the, under Home Rule, 107, in Lords, the House of, and the Budget of 1907, 56 ; the campaign against, 58, 60 ; defeat of, 61 MacDonnell, Lord, 46, 51 Merriman, F. X., on Ireland, 76 Morley, Lord, on Irish finances, 29 ; on the Kilmainham Treaty, 58 ; on Irish re- presentation at Westminster, 70 Murray, Miss Alice, 48 Nation, The, 19 Nations, the two, growth of, 12 Ne Temere decree, the, 16 Newman, Cardinal, 1 1 O'Brien, W., 31, 44 O'Connell, D., 10, 18 ; his closing years, 19 O'Connor, T. P., in Canada, 61 Old Age Pensions, 123, 127 Orange Society, the, 1 1 ; op- posed to Union, 18 Pale, the English, 3 Parliament Act, the, 96 Parliament, Grattan's, 8, 83, 109 J Parliament, the Imperial, su- premacy of, ^$, 69, 92, 10 1 ; Mr. Asquith on, 102 ; Irish representation in, 29, 34, ! 69, 76, 95, 125 I Parliament, the new Irish. See Legislature Parliament, the old Irish, 6 Parnell Commission, the, 32 Parnell, Chas. S., 16 ; his rise to influence, 22 ; the " un- crowned king," 24 ; and Irish finances, 29 ; death of, 32 Peel, Sir R., failure to under- stand Ireland, 17 Penal Code, the, 6, 36 Pitt's Irish policy, 9, 10 Plan of campaign, the, 31 Plunkett, Sir Horace, 41, 47. 53 j Police, Dublin Metropolitan, the, 112, 115 Police. See Constabulary Post Office, Irish, the, 93, 105, 113 134 INDEX Privy Council, authority of, 1 06 Protestant Ascendancy, the, 5, 7,9 Protestants, loyalty of, 12, 16 ; bitterness of, 67 Recess Committee, the, 41 Redmond, J., on the Irish Parliament, 6 ; and the Irish Councils Bill, 49 ; his two speeches, 51 ; and the Budget of 1909, 56 ; and Mr. Asquith, 57 ; in America, 61 ; has little influence in Ireland, 78 ; and Old Age Pensions, 129 Religious animosity, 4, 12 ; in Ulster, 15 ; and politics, 16 ; latest reawakening of, 62 Repeal, O'Connell and, 19 Roman Catholic Church, the, 4 ; and Grattan's Parlia- ment, 9 ; and O'Connell, 10 ; hostility of, to England, 12 ; and Home Rule, 51 ; less bitter than Protestants, 67 Roman Catholic Nation, the, Rosebery, Earl, as Premier, 35 ; and Home Rule, 50 Round Table Conference, the, Salisbury, Marquis of, the, 24 ; forms Conservative Ministry, 3i Samuel, H., on the Irish police, 114, 116 ; on Irish revenues, 122 ; on economies of Home Rule, 127 Secretary for Ireland, Chief, the, under Home Rule, 1 14 Selborne, Lord, 25 Senate, proposed Irish, 93, 98 Shawe-Taylor, Capt., 41 Sinn Fein, 50, 51, 53, 62 Smith, Adam, on the Union, 67 South Africa, Ireland and, 80 sqq. ; situation in, in 1907, 81 ; the two races in, 84 ; powers of Governor-General of, 116 Taxation, Irish, under Home Rule, 33, 105, 125 Transferred sum, the, 119, 129 Transvaal, the, independence of, 81 Trinity College, famous sons of, 8 Ulster, bitterness in, 15, 35 Ulster custom, the, 37 Union, the, 7 ; how brought about, 9 ; advantage of, to Ireland, 67 ; on the point of success, 84 Unionist policy towards Ire- land, 46 Unionists, advantage of pre- sent situation to, 89 Unionists, Liberal, 30 United States, emigration to the, 37 ; Mr. Redmond in, 61 University, the National, 52 Veto, the Imperial, 107 Wyndham, G., as Chief Secre- tary, 41 ; his Act of 1903, 41 ; his resignation, 49 Young Ireland movement, the, 19 Printed by Haxell, Watson & Viney, Ld. } London and Aylesbury. IRISH AFFAIRS AND THE HOME RULE QUESTION. A Comparison of the Attitude of Political Parties towards Irish Problems. By Philip G. Cambray. With an Introduction by the Marquis of London- derry, K.G. Crown 8vo. is. net. " He certainly deals very clearly with every aspect of the Irish question, and his conclusions are definite and convincing. His work should be eagerly read by all who are anxious to educate themselves in the difficult problems of Ireland." — World. THE MILITARY DANGER OF HOME RULE IN IRELAND. By Major-Genera! Sir Thomas Fraser, K.C.B., C.M.G. 2s. 6d. net. "We heartily commend this little book to all interested — and who are not ? — in the Home Rule question. It deals forcibly and succinctly with a side of the question too often ignored, and it will at least give Home Rulers seriously to think." — Sheffield Daily Telegraph. Two Important Works by Professor Dicey, A FOOL'S PARADISE. Being a Constitu- tionalist's Criticism of the Home Rule Bill of 19 12. Crown 8vo. 2S. 6d. net. "Considerations of space have compelled us to notice only a few of Professor Dicey's positions. But the whole volume — it is not a large one — deserves the most careful study by Home Rulers at least as much as by Unionists. Professor Dicey has done notable service for the Union in the past, but we venture to say that he has never done better work than in this masterly analysis of that nightmare of legislation, the Home Rule Bill of 19 1 3. His book is a magnificent piece of political anatomizing." — Spectator. A LEAP IN THE DARK. Being a Criticism of the Principles of Home Rule as Illustrated by the Bill of 1893. Crown 8vo. u. net. Professor Dicey's work on the Irish Question is admitted on all hands to have had a great influence on the rejection of Mr. Gladstone's measures in 1886 and 1893. The "Leap in the Dark" deals with the principles of Home Rule. At the request of the leading Unionist Societies Professor Dicey has prefaced this new edition of his book. 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" If readers of this volume will take the trouble to annotate their s.cpies with a record of the relevant incidents which meet them every day of their lives, they cannot fail to acknowledge how terribly inevitable is the rise of incompetence to political power. M. Faguet's book is terse, witty, and interesting, and should be widely read in this very capable English rendering." — Daily Telegraph. Date Due \ trr w *'-*- "a B3 , MAR 12 ?flnn i.-.- ! , j MAY b ?im F3 " ? p /UU/ i i I i ; ! lQ ^ p A3 BOSTON COLLEGE III II INI 111 III 111 3 9031 01587934 9 / MAY is '3 1985 BOSTON COLLEGE LIBRARY UNIVERSITY HEIGHTS CHESTNUT HILL, MASS. Books may be kept for two weeks and may be renewed for che same period, unless reserved. Two cents a day is charged for each book kept overtime. tf you cannot find what you want, ask the librarian who will be glad to help you. 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