DUKE UNIVERSITY LIBRARY t . J ' M * .-t ■ m> f Digitized by the Internet Archive in 2018 with funding from Duke University Libraries https://archive.org/details/truthabouthomeru01bade HANDBOOK OF HOME RULE BEING ARTICLES ON THE IRISH QUESTION BY The Right Hon. W. E. GLADSTONE, M.P. Fhe Right Hon. JOHN MORLEY, M.P., Lord THRING JAMES BRYCE, M.P., Canon MacCOLL E. L. GODKIN, AND R. BARRY O’BRIEN mrff PREFACE BY The Right Hon. EARL SPENCER, K.G. EDITED BY JAMES BRYCE, M.P. SECOND EDITION LONDON KEGAN PAUL, TRENCH & CO., i, PATERNOSTER SQUARE 1887 [Price One Shilling] HAN DBOOK 'I OF HOME RULE BEING ARTICLES ON THE IRISH QUESTION BY The Right Hon. W. E. GLADSTONE, M.P. The Right Hon. JOHN MORLEY, M.P., LORD THRING JAMES BRYCE, M.P., Canon MacCOLL E. L. GODKIN, AND R. BARRY O’BRIEN IV/TJ7 PREFACE BY The Right Hon. EARL SPENCER, K.G. EDITED BY JAMES BRYCE, M.P. SECOND EDITION LONDON KEGAN PAUL, TRENCH & CO., i, PATERNOSTER SQUARE 1S87 {^The rights of translation and of reproduction are reserved) EDITO^^’S NOTE. 9 5 ? 13 ) 9 Of the articles contained in this volume, those by Mr. Gladstone, Mr. E. L. Godkin on “A Lawyer’s Objec¬ tions to Home Rule,” and Mr. Barry O’Brien appear for the first time. The others are reprinted from the Cotiteniporary Review, the Rfineteenth Century, and the New Princeton Review, to the proprietors and editors of which periodicals respectively the thanks of the several writers and of the editor are tendered. In most of these reprints some passages of transitory interest have been omitted, and some few additions have been made. The object of the writers has been to treat the difficult questions connected with the Government of Ireland in a dispassionate spirit; and the volume is offered to the public in the hope that it may, at a time of warm controversy over passing events, help to lead thoughtful men back to the consideration of the principles which underlie those ques¬ tions, and which it seeks to elucidate by calm di,scussion and by references to history. October, 1887. i ; vv,'U. ' -V\'t.*;* - ., . V- -. '. "i -'■ f'. ■ .'{M ':, i' ' , . .... '■ -■ i ' '■ ' ' lV(i5:rc> ■ ■■ '"r"' ^ ■ ■ ' ' ■•* . '■•,14 , 4 - 1 ) ■ ■ •, ■ .' •/■' ■' .(■{ifvufj. r>l, W: '■ ’c if.V''.; CONTENTS TACB Prefacf. Bf the Right Hon. Earl Spencer, K.G. ... vii American Home Rule. Bv E. L. Godkin ... ... i How WE became Ho.me Rulers. By Ja.mes Bryce, H.P. 24 ^IIoME Rule and Imperial Unity. By Lord Turing 55 The Irish Govern.ment Bill and the Irish Land Bill. By Lord Turing ... ... ... ... 79 The “Unionist” Position. By Canon MacColl ... 106 A Lawyer’s Objections to Home Rule. By E. L. Godkin 129 The “Unionist” Case for Home Rule. By R. Barry O’Brien ... ... ... ... ... ... 154 Ireland’s Alternatives. By Lord Turing ... ... 194 The Past and P'uture of the Irish Question. Bv James Bryce, M.P. ... ... ... ... ... 214 So.ME Arguments considered. By the Right Hon. John Morley, M.P. ... ... ... ... ... 246 I^Lessons of Irish History in the Eighteenth Century. By the Right Hon, W. E. Gladstone, M.P. .. 262 b rREFACE. The present seems an excellent moment for bringing for¬ ward the arguments in favour of a new policy for Ireland, which are to be found in the articles contained in this volume. We are realizing the first results of the verdict given at the election of 1886. And this I interiDret as saying that the constituencies were not then ready to depart from the lines of policy which, up to last year, nearly all politicians of both parties in Parliament had laid down for their guidance in Irish affairs. We have had the Session occupied almost wholly with Lord Salisbury’s proposals for strengthening the power of the central Government to maintain law and order in Ireland, and for dealing with the most pressing necessities of the Land question in that country. It is well, before the policy of the Government is practically tested, that the views of thoughtful men holding different opinions should be clearly set forth, not in the shape of polemical speeches, but in measured articles which specially appeal to those who have not hitherto joined the fighting ranks of either side, and who are sure to intervene with great force at the next election, when the Irish ques¬ tion is again submitted to the constituencies. viii PREFACE. I feel that I can add little or nothing to the weight of the arguments contained in these papers, but I should like to give some reasons why I earnestly hope that they will receive careful consideration. The writers have endeavoured to approach their work with impartiality, and to free themselves from those pre¬ judices which make it difficult for Englishmen to discuss Irish questions in a fresh and independent train of thought, and realize how widely Irish customs, laws, traditions, and sentiments differ from our own. We are apt to think that what has worked well here will work well in Ireland; that Irishmen who differ from us are unreasonable; and that their proposals for change must be mistaken. We do not make allowance for the soreness of feeling prevailing among men who have long objected to the system by which Ireland has been governed, and who find that their earnest appeals for reform have been, until recent times, contemptuously disregarded by English politicians. Time after time moderate counsels have been rejected until too late. Acts of an exceptional character intended to secure law and order have been very numerous, and every one of them has caused fresh irrita¬ tion ; while remedial measures have been given in a manner which has not won the sympathy of the people, because they have not been the work of the Irish themselves, and have not been prepared in their own way. Parliament seems during the past Session to have fallen into the same error. By the power of an English majorit}', measures have been passed which are vehemently opposed by the political leaders and the majority of the Irish nation, and which are only agreeable to a small minority in Ireland. This action can only succeed if the Irish can be persuaded to relinquish the national sentiments of Home Rule; and yet rRE FACE. is this was never stronger or more vigorous than at the present time. It is supported by millions of Irish settled in America and in Australia; and here I would say that it has often struck me that the strong feeling of dissatisfaction, or, I might say, of disaffection, among the Irish is fed and nurtured by the marked contrast existing between the social condition of large numbers of the Irish in the South and West of Ireland and the views and habits of their numerous relatives in the United States. The social condition of many parts of Ireland is as backward, or perhaps more backward, than the condition of the rural population of England at the end of last or the beginning of this century. The Irish peasantry still live in poor hovels, often in the same room with animals; they have few modern comforts; and yet they are in close communication with those who live at ease in the cities and farms of the United States. They are also imbued with all the advanced political notions of the American Republic, and are sufficiently educated to read the latest political doctrines in the Press which circulates among them. Their social condition at home is a hundred years behind their state of political and mental culture. They naturally con¬ trast the misery of many Irish peasants with the position of their relatives in the New World. This cannot but em¬ bitter their views against English rulers, and strengthen their leaning to national sentiments. Their national aspira¬ tions have never died out since 1782. They have taken various forms; but if the movements arising from them have been put down, fresh movements have constantly sprung up. The Press has grown into an immense power, and its influences have all been used to strengthen the zeal for Irish nationality, while, at the same time, the success of the national movements in Italy, Hungary, Greece, and Germany r REFACE. have had the same effect. Lastly, the sentiment of Home Rule has gained the sympathy of large bodies of electors in the constituencies of Great Britain, and, under the circum¬ stances, it is difficult to suppose that, even if the country remains quiet, constitutional agitation will vanish or the Irish relinquish their most cherished ambition. We hear, from men who ought to know something of Ireland, that if the Land question is once settled, and dual ownership practically abolished, the tenants will be satisfied, and the movement for Home Rule will no longer find active support in Ireland. Without going into the whole of this argument, I should like to say two things : first, that I do not know how a large scheme of Land Purchase can be carried through Parliament with safety to Imperial interests without establishing, at the same time, some strong Irish Government in Dublin to act between the Imperial Govern¬ ment and the tenants of Ireland; and, second, that the feeling for Llome Rule has a vitality of its own which will survive the Land question, even if independently settled. Home Rule is an expression of national feeling which cannot be extinguished in Ireland, and the only safe method of dealing with it is to turn its force and power to the support of an Irish Government established for the manage¬ ment of local Irish affairs. There are those who think that this must lead to separation. I cannot believe in this fear, for I know of no English statesman who looks upon complete separation of Ireland from Great Britain as possible. The geographical position of Ireland, the social and commercial connection between the two peoples, renders such a thing impossible. The Irish know this, and they are not so foolish as to think that they could gain their independence by force of arms; but I do not believe that they desire it. They are satisfied to obtain the manage- PREFACE. XI ment of their own local affairs under the cegis of the flag of England. The papers in this volume show how this can be done with due regard to Imperial interests and the rights of minorities. I shall not enlarge on this part of the subject, but I wish to draw attention to the working of the Irish Government, and the position which it holds in the country, for it is through its administration that the policy of the Cabinet will be carried out. At the outset I feel bound to deprecate the exaggerated condemnation which the “ Castle receives from its oppo¬ nents. It has its defects. Notwithstanding efforts of various ministers to enlarge the circle from which its officials are drawn, it is still too narrow for the modern development of Irish society, and it has from time to time been recruited from partisans without sufficient regard to the efficiency and requirements of the public service. But, on the whole, its members, taken as individuals, can well bear comparison with those of other branches of the Civil Service. They are diligent; they desire to do their duty with impartiality, and to hold an even balance between many opposing in¬ terests in Ireland. Whatever party is in office, they loyally carry out the policy of their chiefs. They are, probably, more plastic to the leadership of the heads of departments than members of some English offices, and they are more quickly moved by the influences around them. Sometimes they may relapse into an attitude of indifference and inertness if their chiefs are not active; but, on the other hand, they will act with vigour and decision if they are led by men who know their own minds and desire to be firm in the government of the countr}’. When speaking of the chiefs of the Irish Civil Service, who change according to the political party in office, we must not overlook the legal officers, who exercise a most powerful PREFACE. influence on Irish administration. They consist of the Lord Chancellor, the Attorney and Solicitor General, and, until 1883, there was also an officer called the Law Adviser, who was the maid-of-all-work of Castle administration. In England, those who hold similar legal offices take no part in the daily administration of public affairs. The Lord Chancellor, as a member of the Cabinet, takes his share in responsibility for the policy of the Government. The law officers are consulted in special cases, and take their part from time to time in debates in the House of Commons. In Ireland, however, the Chancellor is constantly consulted by the Lord-Lieutenant on any difficult matter of adminis¬ tration, and the Attorney and Solicitor General are in constant communication with the Lord-Lieutenant, if he carries out the daily work of administration, and with the Chief and the Under Secretary. Governments difler as to the use they make of these officials. Some Governments have endeavoured to confine their work to cases where a mere legal opinion has to be obtained; but, when the country is in a disturbed state, even these limited references become very frequent, and questions of policy as well as of law are often discussed with the law officers. It is needless to say that, with their knowledge of Ireland and the traditions of Castle government (it is rare that all the law officers are new to office, and, consequently, they carry on the traditions from one Government to another), they often exercise a paramount influence over the policy of the Irish Government, and practically control it. They are connected with the closest and most influential order in Irish society—the legal order, consisting of the judges and Bar of Ireland. This adds to the generel weight of their advice, but it has a special bearing when cases of legal reform or administration are under considera- PREFACE. xiii tion ; it then requires unwonted courage and independence for the law officers of the Crown to support changes which the lay members of the Government deem necessary. I have know'n conspicuous instances of the exercise of these high qualities by law officers enabling reforms to be carried, but as a rule, particularly when the initiative of legal reform is left to them, the Irish law officers do not care to move against the feeling of the legal world in Dublin. The lawyers, like other bodies, oppose the diminu¬ tion of offices and honours belonging to them, or of the funds which, in the way of fees and salaries, are distributed among members of the bar; and they become bitterly hostile to any permanent official who is known to be a firm legal reformer. It would be impossible for me not to acknowledge the great service often done to the Government by the able men who have filled the law offices, yet I feel that under certain circumstances, when their influence has been allowed too strongly to prevail, it has tended to narrow the views of the Irish Government, and to keep it within a circle too narrow for the altered circumstances of modern life. The chief peculiarity of the Irish Administration is its extreme centralization. In this two departments may be mentioned as typical of the whole—the police and adminis¬ tration of local justice. The police in Dublin and throughout Ireland are under the control of the Lord-Lieutenant, and both these forces are admirable of their kind. They are almost wholly main¬ tained by Imperial funds. The Dublin force costs about 50,000 a year. The Royal Irish Constabulary costs over a million in quiet, and a million and a half in disturbed times. Local authorities have nothing to do with their action or management. Local justice is administered by unpaid magistrates as in England, but they have been xlv PREFACE. assisted, and gradually are being supplanted, by magistrates appointed by the Lord-Lieutenant and paid by the State. This state of things arose many years ago from the want of confidence between resident landlords and the bulk of the people. When agrarian or religious differences disturbed a locality the people distrusted the local magistrates, and by degrees the system of stipendiary, or, as they are called, resident magistrates, spread over the country. To maintain the judicial independence and impartiality of these magis¬ trates is of the highest importance. At one time this was in some danger, for the resident magistrates not only heard cases at petty sessions, but, as executive peace officers, to a very great extent took the control of the police in their district, not only at riots, but in following up and discovering offenders. Their position as judicial and executive officers was thus very unfortunately mixed up. Between 1882 and 1883 the Irish Government did their utmost to separate and distinguish between these two functions, and it is to be hoped that the same policy has been and will be now con¬ tinued, otherwise grave mischief in the administration of justice will arise. The existence of this staff of stipendiary magistrates could not fail to weaken the influence of the gentry in local affairs, and, at the same time, other causes were at work to undermine still further their power. The spread of education, the ballot, the extension of the fran¬ chise, communication with America, all tended to strengthen the political leaning of the tenants towards the National party in Ireland, and to widen the political differences be¬ tween the richer and poorer classes in the countr)^ The result of this has been, that not only have even the best landlords gradually lost their power in Parliamentary elec¬ tions and on elective boards, but the Government, which greatly relied on them for support, has become isolated. PREFACE. XV The system of centralization is felt all over the country. It was the cause of weakness in the disturbed years of 1880 and 1881, and, although the Irish Executive strengthened themselves by placing officers over several counties, on whom they devolved a great deal of responsibility, they did not by these steps meet the real difficulty, which was that everything that went wrong, whether as to police or magis¬ terial decisions, was attributed to the management of the Castle. In this country, local authorities and benches of magistrates, quite independent of the Home Office, are held responsible for mistakes in police action or irregu¬ larities in local justice. The consequence is that there is a strong buffer to protect the character and power of the Home Office. The absence of such protection in Ireland obviously has a very prejudicial effect on the permanent influence and popularity of the Irish Government. But as long as our system of government from England exists, this centrali¬ zation cannot be avoided, for it would not be possible to transfer the responsibility of the police to local representa¬ tive bodies, as they are too much opposed to the landlords and the Government to be trusted when strong party differ¬ ences arise; nor, for the same reason, would it be possible to fall back on local men to administer justice. The fact is, that, out of the Protestant part of Ulster, the Irish Government receives the cordial support of only the landed proprietors, and a part of the upper middle classes in the towns. The feeling of the mass of the people has been so long against them that no change in the direction of trust in any centralized government of anti-national character can be expected. It would be difficult, perhaps impossible, to find any XVI PREFACE. Municipal Council, Boards of Guardians, or Local Boards, in Leinster, Munster, or Connaught, whose members do not consist of a majority of Nationalists. At nearly all such assemblies, whenever any important political move¬ ment takes place in the country, or when the Irish Government take any action which is displeasing to the Nationalists, resolutions are discussed and carried in a spirit of sharp hostility to the Government. In Parliamentary elections we also find clear evidence of the strength of the Nationalists, and the extreme weakness of their opponents. This is a test which those who accept popular representative government cannot disregard, par¬ ticularly at an election when for the first time the new constituencies were called upon to exercise the privileges entrusted to them by Parliament. Such was the election of 1885, followed in 1886 by another General Election. In 1885 contests took place in most of the Irish constituencies. They were between Liberals allied with Conservatives, and Parnellites. In 1886 the contests were between those who called themselves Unionists and Parnellites, and the Irish policy of Mr. Gladstone was specially referred to the electors. In regard to the number of members returned on the two sides, the result of each election was almost identical, but in 1886 there were fewer contests. We may, then, assume that the relative forces of Parnellites and Unionists were accurately represented at the election of 1885. If we take the votes at the election of 1885 for candidates standing as Nationalists, we shall find, roughly speaking, that they obtained in round numbers about 300,000 votes, and candidates who stood either as Liberals or Conservatives about 143,000. But the case is really stronger than these figures represent it, because in some constituencies the con¬ tests were between Liberals and Conservatives, and there PREFACE. xvii can be no doubt that in those constituencies a number of Nationalist votes were given for one or both of such candi¬ dates—votes which, therefore, would have to be deducted from the 143,000, leaving a still heavier majority on the Nationalist side.* If we look at individual constituencies, we find that in South Kerry only 133 persons voted for the “Unionist” candidate, while 2742 voted for the Nationalist. In six out of seven constituencies in Cork where contests took place 27,692 votes were given for the Nationalists, and only 1703 for their opponents. In Dublin, in the division which may be considered the West End constituency of the Irish metropolis, the most successful man of commerce in Ireland, a leader of society, whose liberality towards those in his employment is only equalled by his munificence in all public works, was defeated by over 1900 votes. He did not stand in 1886, but his successor was defeated by a still larger majority. These elections show the numbers in Ireland on which the Government and those who oppose Mr. Parnell’s policy can count for support. It is absurd to say that these results are caused by terrorism exercised over the minds of the electors by the agitators in Ireland; the same results occurred in every part of three provinces, and in part of Ulster, and the universality of the feeling proves the dominant feeling of the Irish electors. They show the extreme difficulty, the impossibility, of gaining that support and confidence which a Government needs in a free country. As it is, the Irish Government stands isolated in Ireland, and relies for sup¬ port solely on England. Is a policy opposed to national feeling, which has been often, and by different Ministers, * There was one case—North Louth—in which two Nationalists opposed one another, and I have left that c.asc out of the calculation. PREFACE. xviii tried in Ireland, likely to succeed in the hands of a Govern¬ ment such as I have described, and isolated, as I think few will deny it to be? It is impossible in the long run to maintain it. The roots of strength are wanting. If we turn from Dublin to London, we do not find greater prospects of success. Twice within fourteen months Lord Salisbury has formed a Government. In 1885 his Gabinet, on taking office, deliberately decided to rule Ireland without exceptional laws; after a few months, they announced that they must ask Parliament for fresh powers. They resigned before they had defined their measures. But within six months Lord Salisbury was once more Prime Minister, and again commenced his administration by governing Ireland under the ordinary law. This attempt did not continue longer than the first, for when Parliament met in 1887, preparations were at once made to carry the Criminal Law Amendment Act, which occupied so large a portion of the late Session. This is not the action of men who have strong faith in their principles. Nor can it be shown that the continuous support so necessary for success will be given to this polic}-. No doubt it may be urged that the operation of the A.ct is not limited in duration ; but, notwithstanding that, few politicians believe that the constituencies of Great Britain will long support the application of exceptional criminal laws to any part of the United Kingdom. This would be wholly inconsistent with past experience in relation to these measures, which points entirely the other way; and the publication in English newspapers and constant discussion on English platforms of the painful incidents which seem, unfortunately, inseparable from a rigid administration of the law in Ireland, together with the pro¬ longed debates, such incidents give rise to, in Parliament, PREFACE. XIX aggravate the difficulties of administration, and lead the Irish people to believe that exceptional legislation will be as short-lived in the future as it has been in the past. ! It was this evidence of want of continuity of policy in 1885, and the startling disclosure of the weakness of the anti-national party in Ireland at the election in the autumn of that year,which finally convinced me that the time had come when we could no longer turn to a mixed policy of remedial and exceptional criminal legislation as the means of winning the constituencies of that country in support of our old system of governing Ireland. That system has failed for eighty-six years, and obviously cannot succeed when worked with representative institutions. As the people of Great Britain will not for a moment tolerate the withdrawal of representative government from Ireland, we must adopt some new plan. What I have here written deals with but a fragment of the arguments for Home Rule, some of which are admirably set forth by the able men who have written the articles to which this is the preface. I earnestly wish that they may arrest the attention of many excellent Irishmen who still cling to the old traditions of English rule, and cause them to realize that the only way of relieving their country from the intolerable un¬ certainty which hangs over her commercial, social, and political interests and paralyzes all efforts for the improve¬ ment of her people, will be to form a Constitution supported by all classes of the community. I trust that they will join in this work before it is too late, for they may yet exercise a powerful and salutary influence in the settlement of this great question, AMERICAN HOME RULE. By E. L. Godkin. American experience has been frequently cited, in the course of the controversy now raging in England over the Irish question, both by way of warning and of example. For instance, I have found in the Times as well as in other journals—the Spectator, I think, among the number—very contemptuous dismissals of the plan of offering Ireland a government like that of an American State, on the ground that the Americans are loyal to the central authority, while in Ireland there is a strong feeling of hostility to it, which would probably increase under Home Rule. The Queen’s writ, it has been remarked, cannot be said to run in large parts of Ireland, while in every part of the United States the Federal writ is implicitly obeyed, and the ministers of Federal authority find ready aid and sympathy from the people. If I remember rightly, the Duke of Argyll has been very emphatic in pointing out the difference between giving local self-government to a community in which the tendencies of popular feeling are “centrifugal,” and giving it to one in which these tendencies are “ centripetal.” The inference to be drawn was, of course, that as long as Ireland disliked the Imperial government the concession of Home Rule would be unsafe, and would only become safe when the Irish people showed somewhat the same sort of affection 2 AMERICAN HOME RULE. for the English connection which the people of the State of New York now feel for the Constitution of the United States. Among the multitude of those who have taken part in the controversy on one side or the other, no one has, so far as I have observed, pointed out that the state of feeling in America toward the central government with which the state of feeling in Ireland towards the British Government is now compared, did not exist when the American Consti¬ tution Avas set up; that the political tendencies in America at that time were centrifugal, not centripetal, and that the extraordinary love and admiration with which Americans now regard the Federal government are the result of eighty years’ experience of its working. The first Confederation was as much as the people could bear in the way of sur¬ rendering local powers when the War of Independence came to an end. It was its hopeless failure to provide peace and security which led to the framing of the present Constitution. But even with this experience still fresh, the adoption of the Constitution was no easy matter. I shall not burden this article with historical citations shoAving the very great difficulty which the framers of the Con¬ stitution had in inducing the various States to adopt it, or the magnitude and variety of the fears and suspicions Avith Avhich many of the most influeatial men in all parts of the country regarded it. Any one who wishes to knoAV hoAV numerous and diversified these fears and sus¬ picions were, cannot do better than read the series of papers known as “ The Federalist,” Avritten mainly by Hamilton and Madison, to commend the new plan to the various States. It was adopted almost as a matter of necessity, that is, as the only Avay out of the Slough of Despond in Avhich the Confederation had plunged the union of the States; but the objections to it which Avere felt at the beginning were only removed by actual trial. AMERICAN HOME RULE. 3 Hamilton’s two colleagues, as delegates from New York, Yates and Lansing, withdrew in disgust from the Conven¬ tion, as soon as the Constitution was outlined, and did not return. The notion that the Constitution was produced by the craving of the American people for something of that sort to love and revere, and that it was not bestowed on them until they had given ample assurance that they would lavish affection on it, has no foundation whatever in fact. The devotion of Americans to the Union is, indeed, as clear a case of cause and effect as is to be found in political history. They have learned to like the Constitution because the country has prospered under it, and because it has given them all the benefits of national life without inter¬ ference with local liberties. If they had not set up a central government until the centrifugal sentiment had dis¬ appeared from the States, and the feeling of loyalty for a central authority had fully shown itself, they would assuredly never have set it up at all. Moreover, it has to be borne in mind that the adoption of the Constitution did not involve the surrender of any local franchises, by which the people of the various States set great store. The States preserved fully four-fifths of their autonomy, or in fact nearly all of it which closely con¬ cerned the daily lives of individuals. Set aside the post-office, and a citizen of the State of New York, not engaged in foreign trade, might, down to the outbreak of the Civil War, have passed a long and busy life without once coming in contact with a United States official, and without being made aware in any of his doings, by any restriction or regulation, that he was living under any government but that of his own State. If he went abroad he had to apply for a United States passport. If he quarrelled with a foreigner, or with the citizen of another State, he might be sued in the Federal Court. If he imported foreign goods he had to pay duties to the collector of a Federal Custom-house. If he invented 4 AMERICAN HOME RULE. something, or wrote a book, he had to apply to the Depart¬ ment of the Interior for a patent or a copyright. But how few there were in the first seventy years of American history who had any of these experiences ! No one supposes, or has ever supposed, that had the Federalists demanded any very large sacrifice of local franchises, or attempted to set up even a close approach to a centralized Government, the adoption of the Constitution would have been possible. If, for instance, such a transfer of both administration and legislation to the central authority as took place in Ireland after the Union had been proposed, it would have been rejected with derision. You will get no American to argue with you on this point. If you ask him whether he thinks it likely that a highly centralized government could have been created in 1879—such a one, for example, as Ireland has been under since 1800—or whether if created it would by this time have won the affection of the people, or filled them with centripetal tendencies, he will answer you with a smile. The truth is that nowhere, any more than in Ireland, do people love their Government from a sense of duty or because they crave an object of political affection, or even because it exalts them in the eyes of foreigners. They love it because they are happy or prosperous under it; because it supplies security in the form best suited to their tastes and habits, or in some manner ministers to their self-love. Loyalty to the king as the Lord’s anointed, without any sense either of favours received or expected, has played a great part in European politics, I admit; but, for reasons which I will not here take up space in stating, a political arrangement, whether it be an elected monarch or a con¬ stitution, cannot be made, in our day, to reign in men’s hearts except as the result of benefits so palpable that common people, as well as political philosophers, can see them and count them. AMERICAN HOME RULE. 5 Many of the opponents of Home Rule, too, point to the vigour with which the United States Government put down the attempt made by the Soutii to break up the Union as an example of the American love of “ imperial unity,” and of the spirit in which England should now meet the Irish demands for local autonomy. This again is rather surprising, because you will find no one in America who will maintain for one moment that troops could have been raised in i860 to undertake the conquest of the South for the purpose of setting up a centralized administration, or, in other words, for the purpose of wiping out State lines, or diminishing State authority. No man or party proposed anything of this kind at the outbreak of the war, or would have dared to propose it. The object for which the North rose in arms, and which Lincoln had in view when he called for troops, was the restoration of the Union just as it was when South Carolina seceded, barring the extension of slavery into the territories. During the first year of the war, certainly, the revolted States might at any time have had peace on the stains quo basis, that is, with¬ out the smallest diminution of their rights and immunities under the Constitution. It was only when it became evident that the war would have to be fought out to a finish, as the pugilists say—that is, that it would have to end in a complete conquest of the Southern territory—that the question, what would become of the States as a political organization after the struggle was over, began to be debated at all. What did become of them ? How did Americans deal with Home Rule, after it had been used to set on foot against the central authority what the news¬ papers used to delight in calling “ the greatest rebellion the world ever saw ” ? The answer to these questions is, it seems to me, a contribution of some value to the discussion of the Irish problem in its present stage, if American pre¬ cedents can throw any light whatever on it. 6 AMERICAN HOME RULE. Tliere was a Joint Committee of both Houses of Con¬ gress appointed in 1866 to consider the condition of the South with reference to the safety or expediency of admitting the States lately in rebellion to their old relations to the Union, including representation in Congress. It contained, besides such fanatical enemies of the South as Thaddeus Stevens, such very conservative men as Mr. Fessenden, Mr. Grimes, Mr. Morrill, and Mr. Conkling. Here is the account they gave of the condition of Southern feeling one year after Lee’s surrender :— “ Examining the evidence taken by your committee still further, in connection with facts too notorious to be dis¬ puted, it appears that the Southern press, with few excep¬ tions, and those mostly of newspapers recently established by Northern men, abounds with weekly and daily abuse of the institutions and people of the loyal States; defends the men who led, and the principles which incited, the rebellion; denounces and reviles Southern men who adhered to the Union; and strives constantly and unscrupulously, by every means in its power, to keep alive the fire of hate and dis¬ cord between the sections; calling upon the President to violate his oath of office, overturn the Government by force of arms, and drive the representatives of the people from their seats in Congress. The national banner is openly insulted, and the national airs scoffed at, not only by an ignorant populace, but at public meetings, and once, among other notable instances, at a dinner given in honour of a notorious rebel who had violated his oath and abandoned his flag. The same individual is elected to an important office in the leading city of his State, although an unpardoned rebel, and so offensive that the President refuses to allow him to enter upon his official duties. In another State the leading general of the rebel armies is openly nominated for Governor by the Speaker of the House of Delegates, and the nomination is hailed by the people rvith shouts of satisfaction, and openly endorsed by the press. . . . AMERICAN HOME RULE. 7 “The evidence of an intense hostility to the Federal Union, and an equally intense love of the late Confederacy, nurtured by the war is decisive. While it appears that nearly all are willing to submit, at least for the time being, to the Federal authority, it is equally clear that the ruling motive is a desire to obtain the advantages which will be derived from a representation in Congress. Officers of the Union army on duty, and Northern men who go south to engage in business, are generally detested and proscribed. Southern men who adhered to the Union are bitterly hated and relentlessly persecuted. In some localities prosecutions have been instituted in State courts against Union officers for acts done in the line of official duty, and similar pro¬ secutions are threatened elsewhere as soon as the United States troops are removed. All such demonstrations show a state of feeling against which it is unmistakably necessary to guard. “The testimony is conclusive that after the collapse of the Confederacy the feeling of the people of the rebellious States was that of abject submission. Having appealed to the tribunal of arms, they had no hope except that by the magnanimity of their conquerors, their lives, and possibly their property, might be preserved. Unfortunately the general issue of pardons to persons who had been pro¬ minent in the rebellion, and the feeling of kindliness and conciliation manifested by the Executive, and very generally indicated through the Northern press, had the effect to render whole communities forgetful of the crime they had committed, defiant towards the Federal Govern¬ ment, and regardless of their duties as citizens. The conciliatory measures of the Government do not seem to have been met even half-way. The bitterness and defiance exhibited towards the United States under such circumstances is without a parallel in the history of the world. In return for our leniency we receive only an 8 AMERICAN HOME RULE. insulting denial of our authority. In return for our kind desire for the resumption of fraternal relations we receive only an insolent assumption of rights and privileges long since forfeited. The crime we have punished is paraded as a virtue, and the principles of republican government which we have vindicated at so terrible a cost are denounced as unjust and oppressive. “ If we add to this evidence the fact that, although peace has been declared by the President, he has not, to this day, deemed it safe to restore the writ of habeas corpus, to relieve the insurrectionary States of martial law, nor to withdraw the troops from many localities, and that the commanding general deems an increase of the army indis¬ pensable to the preservation of order and the protection of loyal and well-disposed people in the South, the proof of a condition of feeling hostile to the Union and dangerous to the Government throughout the insurrectionary States would seem to be overwhelming.” This Committee recommended a series of coercive measures, the first of which was the adoption of the four¬ teenth amendment to the Constitution, which disqualified for all office, either under the United States or under any State, any person who having in any capacity taken an oath of allegiance to the United States afterwards engaged in rebellion or gave aid and comfort to the rebels. This denied the jus li 07 iorum to all the leading men at the South who had survived the war. In addition to it, an Act was passed in March, 1867, which put all the rebel States under military rule until a constitution should have been framed by a Convention elected by all males over twenty-one,- except such as would be excluded from office by the above- named constitutional amendment if it were adopted, which at that time it had not been. Another Act was passed three weeks later, prescribing, for voters in the States lately in rebellion, what was known as the “ironclad oath,” which AMERICAN HOME RULE 9 excluded from the franchise not only all who had borne arms against the United States, but all who, having ever held any office for which the taking an oath of allegiance to the United States was a qualification, had afterwards ever given “aid or comfort to the enemies thereof” This practically disfranchised all the white, men of the Souta over twenty-five years old. On this legislation there grew up, as all the world now knows, what was called the “ carpet-bag ” Swarms of Northern adventurers went down to the Southern States, organized the ignorant negro voters, constructed State con¬ stitutions to suit themselves, got themselves elected to all the chief offices, plundered the State treasuries, contracted Inige State debts, and stole the proceeds in connivance with legislatures composed mainly of negroes, of whom the most intelligent and instructed had been barbers and hotel-waiters. In some of the States, such as South Carolina and Missis¬ sippi, in which the negro population were in the majority, the government became a mere caricature. I was in Columbia, the capital of South Carolina, in 1872, during the session of the legislature, when you could obtain the passage of almost any measure you pleased by a small pay¬ ment—at that time seven hundred dollars—to an old negro preacher who controlled the coloured majority. Under the pretence of fitting up committee-rooms, the private lodging- rooms at the boarding-houses of the negro members, in many instances, were extravagantly furnished with Wilton and Brussels carpets, mirrors, and sofas. A thousand dollars were expended tor two hundred elegant imported china spittoons. There were only one hundred and twenty-three members in the House of Representatives, but the residue were, perhaps, transferred to the private chambers of the legislators. Now, how did the Southern whites deal with this state of things ? Well, I am sorry to say they manifested their 10 AMERICAN HOME RULE. discontent very much in the way in which the Irish have for the last hundred years been manifesting theirs. If, as the English opponents of Home Rule seem to think, readiness to commit outrages, and refusal to sympathize with the victims of outrages, indicate political incapacity, the whites of the South showed, in the period between 1866 and 1876, that they were utterly unfit to be entrusted with the work of self govern¬ ment. They could not rise openly in revolt because the United States troops were everywhere at the service of the carpet-baggers, for the suppression of armed resistance. They did not send petitions to Congress, or write letters to the Northern newspapers, or hold indignation meetings. They simply formed a huge secret society on the model of the “ Molly Ma.guires ” or “ Moonlighters,” whose special function was to intimidate, flog, mutilate, or murder political opponents in the night time. This society was called the “ Ku-Klux Klan.” Let me give some account of its opera¬ tion, and I shall make it as brief as possible. It had become so powerful in 1871 that President Grant in that year, in his message to Congress, declared that “a condition of things existed in some of the States of the Union render¬ ing life and property insecure, and the carrying of the mails and the collecting of the revenue dangerous.” A Joint Select Committee of Congress was accordingly appointed, early in 1872, to “inquire into the condition of affairs in the late insurrectionary States, so far as regards the execution of the laws and the safety of the lives and property of the citizens of the United States.” Its report now lies before me, and it reads uncommonly like the speech of an Irish Secretary in the House of Commons bringing in a “ Suppression of Crime Bill.” The Committee say— “ There is a remarkable concurrence of testimony to the effect that, in those of the late rebellious States into whose condition we have examined, the courts and juries administer justice between man and man in all ordinary cases, civil AMERICAN HOME RULE. II ■and criminal; and while there is this concurrence on this point, the evidence is equally decisive that redress cannot be obtained against those who commit crimes in disguise and at night. The reasons assigned are that identification is difficult, almost impossible; that, when this is attempted, the combinations and oaths of the order come in and release the culprit by perjury, either upon the witness-stand or in the jury-box; and that the terror inspired by their acts, as well as the public sentiment in their favour in many locali¬ ties, paralyzes the arm of civil power. ***** “ The murders and outrages which have been perpetrated in many counties of Middle and West Tennessee, during the past few months, have been so numerous, and of such an aggravated character, as almost baffles investigation. In these counties a reign of terror exists which is so absolute in its nature that the best of citizens are unable or unwilling to give free expression to their opinions. The terror in¬ spired by the secret organization known as the Ku-Klux Klan is so great, that the officers of the law are powerless to execute its provisions, to discharge their duties, or to bring the guilty perpetrators of these outrages to the punishment they deserve. Their stealthy movements are generally made under cover of night, and under masks and disguises, which render their identification difficult, if not impossible. To add to the secrecy which envelops their operations, is the fact that no information of their murderous acts can be obtained without the greatest difficulty and danger in the localities where they are committed. No one dares to inform upon them, or take any measures to bring them to punishment, because no one can tell but that he may be the next victim of their hostility or animosity. The members of this organization, with their friends, aiders, and abettors, take especial pains to conceal all their operations. 13 AMERICAN HOME RULE. “Your committee believe that during the past six months, the murders—to say nothing of other outrages— would average one a day, or one for every twenty-four hours; that in the great majority of these cases they have been perpetrated by the Ku-Klux above referred to, and few, if any, have been brought to punishment. A number of the counties of this State (Tennessee) are entirely at the mercy of this organization, and roving bands of nightly marauders bid defiance to the civil authorities, and threaten to drive out every man, white or black, who does not submit to their arbitrary dictation. To add to the general lawless¬ ness of these communities, bad men of every description take advantage of the circumstances surrounding them, and perpetrate acts of violence, from personal or pecuniary motives, under the plea of political necessity.” Here is some of the evidence on which the report was based. A complaint of outrages committed in Georgia was re¬ ferred by the general of the army, in June, 1869, to the general of the Department of the South for thorough inves¬ tigation and report. General Terry, in his report, made August 14, 1869, says *— “In many parts of the State there is practically no government. The worst of crimes are committed, and no attempt is made to punish those who commit them. Murders have been and are frequent; the abuse, in various ways, of the blacks is too common to excite notice. There can be no doubt of the existence of numerous insurrectionary organizations known as ‘ Ku-Klux Klans,’ who, shielded by their disguise, by the secrecy of their movements, and by the terror which they inspire, perpetrate crime with impunity. There is great reason to believe that in some cases local magistrates are in sympathy with the members of these organizations. In many places they are overawed by them * Report of Secretary of War, 1869-70, vol. i. p. 89. AMERICAN HOME RULE 13 and dare not attempt to punish them. To punisli such offenders by civil proceedings would be a difficult task, even were magistrates in all cases disposed and had they the courage to do their duty, lor the same influences which govern them equally affect juries and witnesses.” Lieutenant-Colonel Lewis Merrill, who assumed com¬ mand (in Louisiana) on the 26th of March, and commenced investigation into the state of affairs, says (p. 1465)— “From the best information I can get, I estimate the number of cases of whipping, beating, and personal violence of various grades, in this county, since the first of last November, at between three and four hundred, excluding numerous minor cases of threats, intimidation, abuse, and small personal violence, as knocking down with a pistol or gun, etc. The more serious outrages, exclusive of murders and whippings, noted hereafter, have been the following —•” He then proceeds with the details of sixty-eight cases, giving the names of the parties injured, white and black, and including the tearing up of the railway, on the night before a raid was made by the Ku-Klux on the county treasury building. The rails were taken up, to prevent the arrival of the United States troops, who, it was known, were to come on Sunday morning. The raid was made on that Sunday night while the troops were lying at Chester, twenty-two miles distant, unable to reach Yorkville, because of the rails being torn up. Another witness said: “To give the details of the whipping of men to compel them to change their mode of voting, the tearing of them away from their families at night, accompanied with insults and outrage, and followed by their murder, would be but repeating what has been described in other States, showing that it is the same organization in all, working by the same means for the same end. Five murders are shown to have been committed in Monroe 14 AMERICAN HOME RULE. County, fifteen in Noxubee, one in Lowndes, by the testimony taken in the city of Washington j but the extent to which school-houses were burnt, teachers whipped, and outrages committed in this State, cannot be fully given until the testimony taken by the sub-committec shall have been printed and made ready to report.” There are about eighty, closely printed, large octavo pages of this kind of testimony given by sufferers from the outrages. Something was done to suppress the Ku-Klux by a Federal Act passed in 1871, which made offences of this kind punishable in the Federal Courts. Considerable numbers of them were arrested, tried, and convicted, and sent to undergo their punishment in the Northern jails. But there was no complete pacification of the South until the carpet-bag governments were refused the support of the Federal troops by President Hayes, on his accession to power in 1876. Then the carpet-bag regime disappeared like a house of cards. The chief carpet-baggers fled, and the government passed at once into the hands of the native whites. I do not propose to defend or explain the way in which they have since then kept it in their hands, by suppressing or controlling the negro vote. This is not necessary to my purpose. What I seek to show is lhat the Irish are not peculiar in their manner of expressing their discontent with a government directed or controlled by the public opinion of another indifferent or serai-hostile community which it is impossible to resist in open warfare; that Anglo-Saxons- resort to somewhat the same methods under similar cir¬ cumstances, and that lawlessness and cruelty, considered as expressions of political animosity, do not necessarily argue any incapacity for the conduct of an orderly and efficient government, although I admit freely that they do argue a low state of civilization. A AIERIC AN HOME RULE. 15 I will add one more illustration which, although more remote than those which I have taken from the Southern States during the reconstruction period, is not too remote for my purpose, and is in some respects stronger than any of them. I do not know a more orderly community in the world, or one which, down to the outbreak of the Civil War, when manufactures began to multiply, and the Irish immigration began to pour in, had a higher average of intelligence than the State of Connecticut. Down to 1818 all voters in that State had to be members of the Congrega¬ tional Church. It had no large cities, and this, with the aid of its seat of learning, Yale College, preserved in it, I think, in greater purity than even Massachusetts, the old Puritan simplicity of manners, the Puritan spirit of order and thrift, and the business-like view of government which grew out of the practice of town government. A less sentimental community, I do not think, exists anywhere, or one in which the expression of strong feeling on any subject but religion is less cultivated or viewed with less favour. In the matter of managing their own political affairs in peace or war, I do not expect the Irish to equal the Connecticut people for a hundred years to come, no matter how much practice they may have in the interval, and I think that fifty years ago it was only picked bodies of Englishmen who could do so. Yet, in 1833, in the town of Canterbury, one of the most orderly and intelligent in the State, an estimable and much- esteemed lady. Miss Prudence Crandall, was carrying on a girls’ school, when something happened to touch her conscience about the condition of the free negroes of the North. She resolved, in a moment of enthusiasm, to undertake the education of negro girls only. What follows forms one of the most famous episodes in the anti-slavery struggle in America, and is possibly familiar to many of the older readers of this article. I shall extract the account of it as given briefly in the lately publislied life of i6 AMERICAN HOME RULE. William Lloyd Garrison, by his sons. Some of the details are much worse than is here described. “ The story of this remarkable case cannot be pursued here except in brief. ... It will be enough to say that the struggle between the modest and heroic young Quaker woman and the town lasted for nearly two years; that the school was opened in April; that attempts were immediately made under the law to frighten the pupils away and to fine Aliss Crandall for harbouring them; that in May an Act prohibiting private schools for non-resident coloured persons, and providing for the expulsion of the latter, was procured from the legislature, amid the greatest rejoicing in Canter¬ bury (even to the ringing of church bells); that, under this Act, Miss Crandall was in June arrested and temporarily imprisoned in the county jail, twice tried (August and October) and convicted ; that her case was carried up to the Supreme Court of Errors, and her persecutors defeated on a technicality (July, 1834), and that pending this litigation the most vindictive and inhuman measures were taken to isolate the school from the countenance and even the physical support of the townspeople. The shops and the meeting-house were closed against teacher and pupils, carriage in the public conveyances was denied them, physi¬ cians would not wait upon them. Miss Crandall’s own family and friends were forbidden, under penalty of heavy fines, to visit her, the well was filled with manure and water from other sources refused, the house itself was smeared with filth, assailed with rotten eggs and stones, and finally set on fire” (vol. i. p. 321). Miss Crandall is still living in the West, in extreme old age, and the Connecticut legislature voted her a small pension two years ago, as a slight expiation of the ignominy and injustice from which she had suffered at the hands of a past generation. The Spectator trequently refers to the ferocious hatred AMERICAN HOME RULE. 17 displayed toward the widow of Curtin, the man who was cruelly murdered by moonlighters somewhere in Kerry, as an evidence of barbarism which almost, if not quite, justifies the denial of self-government to a people capable of pro¬ ducing such monsters in one spot and on one occasion. Let me match this from Mississippi with a case which I produce, not because it was singular, but because it was notorious at the North, where it occurred, in 1877. One Chisholm, a native of the State, and a man of good standing and character, became a Republican after the war, and was somewhat active in organizing the negro voters in his district. He was repeatedly warned by some of his neigh¬ bours to desist and abandon politics, but continued reso¬ lutely on his course. A mob, composed of many of the leading men in the town, then attacked him in his house. He made his escape, with his wife and young daughter and son, a lad of fourteen, to the jail. His assailants broke the jail open, and killed him and his son, and desperately wounded the daughter. The poor lad received such a volley of bullets, that his blood went in one rush to the floor, and traced the outlines of his trunk on the ceiling of the room below, where it remained months afterwards, an eye-witness told me, as an illustration of the callousness of the jailer. The leading murderers were tried. They had no defence. The facts were not disputed. The judge and the bar did their duty, but the jury acquitted the prisoners Avithout leaving their seats. INIrs. Chisholm, the widow, found neither sympathy nor friends at the scene of the tragedy. She had to leave the State, and found refuge in Washington, Avhere she now holds a clerkship in the Treasury department. Let me cite as another illustration the violent ways in which popular discontent may find expression in communities whose political capacity and general respect for the law and its officers, as well as for the sanctity of contracts, have never c i 8 AMERICAN HOME RULE. been questioned. Large tracts of land were formerly held along the Hudson river in the State of New York, by a few families, of which the Van Rensselaers and the Livingstons were the chief, either under grants from the Dutch at the first settlement of the colony, or from the English Crown after the conquest. That known as the “ Manor of Rensselaerwick,” held by the Van Rensselaers, comprised a tract of country extending twenty-four miles north and south, and forty-eight miles east and west, lying on each side of the Hudson river. It was held by the tenants for perpetual leases. The rents were, on the Van Rensselaer estate, fourteen bushels of wheat for each hundred acres, and four fat hens, and one day’s service with a carriage and horses, to each farm of one hundred and sixty acres. Besides this, there was a fine on alienation amounting to about half a year’s rent. The Livingston estates were let in much the same way. In 1839, Stephen Van Rensselaer, the proprietor, or “Patroon” as he was called, died, with ^400,000 due to him as arrears from the tenants, for which, being a man of easy temper, he had forborne to press them. But he left the amount in trust by his will for the payment of his debts, and his heirs proceeded to collect it, and persisted in the attempt during the ensuing seven years. What then hap¬ pened I shall describe in the words of Mr. John Bigelow. Mr. Tilden was a member of the State Legislature in 1846, and was appointed Chairman of a Committee to investigate the rent troubles, and make the report which furnished the basis for the legislation by which they were subsequently settled. Mr. Bigelow, who has edited Mr. Tilden’s Publk Writings and Speeches, prefaces the report with the following exjDlanatory note:— “ Attempts were made to enforce the collection ot these rents. The tenants resisted. They established armed patrols, and, by the adoption of various disguises, were enabled successfully to defy the civil authorities. Eventu- AMERICAN HOME RULE. 19 ally it became necessary to call out the military, but the result was only partially satisfactory. These demonstrations of authority provoked the formation of ‘anti-rent clubs’ throughout the manorial district, with a view of acquiring a controlling influence in the legislature. Small bands, armed and disguised as Indians, were also formed to hold them¬ selves in readiness at all times to resist the officers of the law whenever and wherever they attempted to serve legal process upon the tenants. The principal roads throughout the infected district were guarded by the bands so carefully, and the animosity between the tenants and the civil authori¬ ties was so intense, that at last it became dangerous for any one not an anti-renter to be found in these neighbour¬ hoods. It was equally dangerous for the landlords to make any appeal to the law or for the collection of rents or for protection of their persons. When Governor Wright entered upon his duties in Albany in 1845, he found that the anti¬ rent party had a formidable representation in the legislature, and that the questions involved were assuming an almost national importance.” The sheriff made gallant attempts to enforce the law, but his deputies were killed, and a legal investigation in which two hundred persons were examined, failed to reveal the perpetrators of the crime. The militia were called out, but they were no more successful than the sheriff. In the case of one murder committed in Delaware County in 1845, however, two persons were convicted, but their sentence was commuted to imprisonment for life. Various others concerned in the disturbances were convicted of minor offences, but when Governor Young succeeded Governor Seward after an election in which the anti-renters showed considerable voting strength, he pardoned them all on the ground that their crimes were political. The dispute was finally settled by a compromise—that is, the Van Rensselaers and the Livingstons both sold their estates, giving quit-claim 20 AMERICAN HOME RULE. deeds to the tenants for what they chose to pay, and the granting of agricultural leases for a longer term than twelve years was forbidden by the State Constitution of 1846. This anti-rent agitation is described by Professor Johnston of Princeton, in the Cydopcedia of Political Science, as “ a reign of terror which for ten years practically suspended the operations of law and the payment of rent throughout the district.” Suppose all the land of the State had been held under similar tenures; that the controversy had lasted one hundred years ; that the rents had been high ; and that the Van Rensselaers and the Livingstons had had the aid of the Federal army in enforcing distraints and evictions, and in enabling them to set local opinion at defiance, what do you suppose the state of morals and manners would have been in New York by this time? What would have been the feelings of the people towards the Federal authority had the matter been finally adjusted with the strong hand, in accordance, not with the views of the people of the State, but of the landholders of South Carolina or of the district of Columbia ? I am afraid they would have been terribly Irish. I know very well the risk I run, in citing all these pre¬ cedents and parallels, of seeming to justify, or at all events to palliate, Irish lawlessness. But I am not doing anything of the kind. I am trying to illustrate a somewhat trite remark which I recently made : “ that government is a very practical business, and that those succeed best in it who bring least sentiment or enthusiasm to the con¬ duct of their affairs.” The government of Ireland, like the government of all other countries, is a piece of business—a very difficult piece of business, I admit—and therefore horror over Irish doings, and the natural and human desire to “get even with” murderers and moon¬ lighters, by denying the community which produces them AMERICAN HOME RULE. 21 something it would like much to possess, should have no influence with those who are charged with Irish government. It is only in nurseries and kindergartens that we can give offenders their exact due and withhold their toffee until they have furnished satisfactory proofs of repentance. Rulers of men have to occupy themselves mainly with the question of drying up the sources of crime, and often, in order to accomplish this, to let much crime and disorder go unwhipped of justice. With the state of mind which cannot bear to see any concessions made to the Irish Nationalists because they are such wicked men, in which so many excellent Englishmen, whom we used to think genuine political philosophers, are now living, we are very familiar in the United States. It is a state of mind which prevailed in the Republican party with regard to the South, down to the election of 1884, and found constant expression on the stump and in the news¬ papers in what is described, in political slang, as “ waving the bloody shirt.” It showed itself after the war in unwil¬ lingness to release the South from military rule; then in unwillingness to remove the disfranchisement of the whites or to withdraw from the carpet-bag State governments the military support without which they could not have existed for a day; and, last of all, in dread of the advent of a Democratic Federal Administration in which Southerners or “ ex-rebels ” would be likely to hold office. At first the whole Republican party was more or less permeated by these ideas; but the number of those who held them gradually diminished, until in 1884 it was at last possible to elect a Democratic President. Nevertheless a great multitude wit¬ nessed the entrance into the White House of a President who is indebted for his election mainly to the States formerly in rebellion, with genuine alarm. They feared from it some¬ thing dreadful, in the shape either of a violation of the rights of the freedmen, or of an assault on the credit and stability AMERICAN HOME RULE. of the Federal Government. Nothing but actual experiment would have disabused them. I am very familiar with the controversy with them, for I have taken some part in it ever since the passage of the reconstruction Acts, and I know very well how they felt, and am sometimes greatly impressed by the similarity between their arguments and those of the opponents of Irish Home Rule, One of their fixed beliefs for many years, though it is now extinct, was that Southerners were so bent on rebel¬ ling again, and were generally so prone to rebellion, that the awful consequences of their last attempt in the loss of life and property, had made absolutely no impression on them. The Southerner was, in fact, in their eyes, what Mr. Glad¬ stone says the Irishman is in the eyes of some Englishmen : “A lusus natura; that justice, common sense, moderation, national prosperity had no meaning for him; that all he could appreciate was strife and perpetual dissension. It was for many years useless to point out to them the severity of the lesson taught by the Civil War as to the physical superiority of the North, or the necessity of peace and quiet to enable the new generation of Southerners to restore their fortunes, or even gain a livelihood. Nor was it easy to impress them with the inconsistency of arguing that it was slavery which made Southerners what they were before they went to war, and maintaining at the same time that the dis¬ appearance of slavery would produce no change in their manners, ideas, or opinions. All this they answered by pointing to speeches delivered by some fiery adorer of “ the lost cause,” to the Ku-Klux outrages, to political murders, like that of Chisholm, to the building of monuments to the Confederate dead, or to some newspaper expression of reverence for Confederate nationality. In fact, for fully ten years after the close of the war the collection of Southern “ outrages ” and their display before Northern audiences, was the chief work of Republican politicians. In 1876, during. AMERICAN HOME RULE. 23 the Hayes-Tilden canvass, the opening speech which fur¬ nished what is called “ the key-note of the campaign ” was made by Mr. Wheeler, the Republican candidate for the Vice-Presidency, and his advice to the Vermonters, to whom it was delivered, was “ to vote as they shot,” that is, to go to the polls with the same feelings and aims as those with which they enlisted in the war. I need hardly tell English readers how all this has ended. The withdrawal of the Federal troops from the South by President Hayes, and the consequent complete restoration of the State governments to the discontented whites, have fully justified the e.xpectations of those who maintained that it is no less true in politics than in physics,, that if you remove what you see to be the cause, the effect will surely disappear. It is true, at least in the Western world, that if you give communities in a reasonable degree the management of their own affairs, the love of material comfort and prosperity which is now so strong among all civilized, and even partially civilized men, is sure in the long' run- to do the work of creating and maintaining order; or, as Mr. Gladstone has expressed it, in setting up a govern¬ ment, “ the best and surest foundation we can find to build on is the foundation afforded by the affections, the convictionS;^ and the will of men.” /low WE BECAME HOME RULERS. By James Bryce, M.P. In the Home Rule contest of the last eighteen months no argument has been more frequently used against the Liberal party than the charge of sudden, and therefore, it would seem, dishonest change of view. “You were opposed to an Irish Parliament at the election of 1880 and for some time afterward; you are not entitled to advocate it in 1886.” “You passed a Coercion Bill in 1881, your Ministry (though against the protests of an active section of its supporters) passed another Coercion Bill in 1882 ; you have no right to resist a third such Bill in 1887, and, if you do, your conduct can be due to nothing but party spite and revenge at your own exclusion from office.” Reproaches of this kind are now the stock-in-trade, not merely of the ordinary politician, who, for want of a case, abuses the plaintiff’s attorney, but of leading men, and, still more, of leading newspapers, who might be thought bound to produce from recent events and an examination of the condition of Ireland some better grounds for the passion they display. It is noticeable that such reproaches come more often from the so-called Liberal Unionists than from the present Ministry. Perhaps, with their belief that all Liberals are unprincipled revolutionaries, the Tories deem a sin more or less to be of small account. Perhaps a recollection of I/O IF WE BECAME HOME RULERS. 25 their own remarkable gyrations, before and after the General Election of 1885, may suggest that the less said about the past the better for everybody. Be the cause what it may, it is surprising to find that a section commanding so much ability as the group of Dissentient Liberals does, should rely rather on the charge of inconsistency than on the advocacy of any counter-policy of their own. It is not large and elevated, but petty, minds that rejoice to say to an opponent (and all the more so if he was once a friend), “ You must either be wrong now, or have been wrong then, because you have changed your opinion. I have not changed ; I was right then, and I am right now.” Such an argument not only dispenses with the necessity of sifting the facts, but it fosters the satisfaction of the person who employs it. Consistency is the pet virtue of the self-righteous, and the man who values himself on his consistency can seldom be induced to see that to shut one’s eyes to the facts which time deve¬ lops, to refuse to reconsider one’s position by the light they shed, to cling to an old solution when the problem is sub¬ stantially new, is a proof, not of fortitude and wisdom, but rather of folly and conceit. Such persons may be left to the contemplation of their own virtues. But there are many fair-minded men of both political parties, or of neither, who, while acquitting those Liberal members who supported Home Rule in 1886 and opposed Coercion in 1887 of the sordid or spiteful motives with which the virulence of journalism credits them, have nevertheless been surprised at the apparent swiftness and completeness of the change in their opinions. It would be idle to deny that, in startling the minds of steady-going people, this change did, for the moment, weaken the influence and weight of those who had changed. This must be so. A man who says now what he denied six years ago cannot expect to be believed on his ipse dixit. He must set forth the grounds of his conviction. He must explain how bis 26 I/OIV JVE BECAME HOME EULEES. views altered, and why reasons which formerly satisfied him- satisfy him no longer. It may be that the Liberal party have omitted to do this as they ought. Occupied by warm and incessant discussions, and conscious, I venture to believe, of their own honesty, few of its members have been at the trouble of showing what were the causes which modified their views, and what the stages of the process •which carried them from the position of 1880 to that of 1886. Of that process I shall attempt in the following pages to give a sketch. Such a sketch, though mainly retrospec¬ tive, is pertinent to the issues which now divide the country. It will indicate the origin, and the strength of the chief reasons by which Liberals are now governed. And, if executed with proper fairness and truth, it may, as a study in contemporary history, be of some little interest to those who in future will attempt to understand our present con¬ flict. The causes which underlie changes of opinion are among the most obscure phenomena in history, because those who undergo these changes are often only half con¬ scious of them, and do not think of recording that which is imperceptible in its growth, and whose importance is not realized till it already belongs to the past. The account which follows is based primarily on my own recollection of the phases of opinion and feeling through which I myself, and the friends whom I knew most inti¬ mately in the House of Commons, passed during the Parlia¬ ment which sat from 1880 till 1885. But I should not think of giving it to the public if I did not believe that what happened to our minds happened to many others also, and that the record of our own slow movement from the position of 1880 to that of 1886 is substantially a record of the movement of the Liberal party at large. We were fairly typical members of that party, loyal to our leaders, but placing the principles for which the Liberal party exists I/OIV WE BECAME HOME RULERS. 27 above the success of the party itself; with our share of prepossessions and prejudices, yet with reasonably open minds, and (as we believed) inferior to no other section of the House of Commons in patriotism and in attachment to the Constitution. I admit frankly that when we entered Parliament we knew less about the Irish question than we ought to have known, and that even after knowledge had been forced upon us, we were more deferential to our leaders than was good either for us or for them. But these are faults always chargeable on the great majority of members. It is because those of whom I speak were in these respects fairly typical, that it seems worth while to trace the history of their opinions. If any one should accuse me of attri¬ buting to an earlier year sentiments which began to appear in a later one, I can only reply that I am aware of this danger, as one which always besets those who recall their past states of mind, and that I have done my utmost to avoid it. The change I have to describe was slow and gradual. It was reluctant—that is to say, it seemed rather forced upon us by the teaching of events than the work of our own minds. Each session marked a further stage in it; and I therefore propose to examine its progress session by session. Session of 1880.—^The General Election of 1880 turned mainly on the foreign policy of Lord Beaconsfield’s Government. Few Liberal candidates said much about Ireland. Absorbed in the Eastern and Afghan questions, they had not watched the progress of events in Ireland with the requisite care, nor realized the gravity of the crisis which was approaching. They were anxious to do justice to Ireland, in the way of amending both the land laws and local government, but saw no reason for going further. Nearly all of them refused, even when pressed by Irish electors in their constituencies, to promise to vote for that £8 I/O IF WE BECAME HOME RULERS. “parliamentary inquiry into the demand for Home Rule,” which was then propounded by those electors as a sort of test question. We (i.e. the Liberal candidates of 1880) then declared that we thought an Irish Parliament rvould involve serious constitutional difficulties, and that we saw no reason why the Imperial Parliament should not do full justice to Ireland. Little was said about Coercion. Hopes were expressed that it would not be resorted to, but very few (if any) pledged themselves against it. IVhen Mr. Forster was appointed Irish Secretary in Mr. Gladstone’s Government which the General Election brought into power, we (by which I mean throughout the new Liberal members) were delighted. We knew him to be conscientious, industrious, kind-hearted. We believed him to be penetrating and judicious. We applauded his conduct in not renewing the Coercion Act which Lord Beaconsfield’s Government had failed to renew before dissolving Parlia¬ ment, and which indeed there was scarcely time left after the election to renew, a fact which did not save Mr. Forster from severe censure on the part of the Tories. The chief business of the session was the Compensation for Disturbance Bill, which Mr. Forster brought in for the sake of saving from immediate eviction tenants whom a succession of bad seasons had rendered utterly unable to ■pay their rents. This Bill was pressed through the Plouse of Commons with the utmost difficulty, and at an expendi¬ ture of time which damaged the other work of the session, though the House continued to sit into September. The Executive Government declared it to be necessary, in order not only to relieve the misery of the people, but to secure the tranquillity of the country. Nevertheless, the whole Tory party, and a considerable section of the Liberal party, opposed it in the interests of the Irish landlords, and of economic principles in general, principles which (as com¬ monly understood in England) it certainly trenched on. I/O IF IVE BECAME HOME RULERS. 29 AVrien it reached the House of Lords it was contemptuously rejected, and the unhappy Irish Secretary left to face as he best might the cries of a wretched peasantry and the rising tide of outrage. What was even more remarkable, was the coolness with which the Liberal party took the defeat of a Bill their leaders had pronounced absolutely needed. Had it been an English Bill of the same consequence to England as it was to Ireland, the country would have been up in arms against the House of Lords, demanding the reform or the abolition of a Chamber which dared to disregard the will of the people. But nothing of the kind happened. It was only an Irish measure. We relieved ourselves by a few strong words, and the matter dropped. It was in this session that the Liberal party first learnt what sort of a sjririt was burning in the hearts of Irish members. There had been obstruction in the last years of the previous Parliament, but, as the Tories were in power, they had to bear the brunt of it. Now that a Liberal Ministry reigned, it fell on the Liberals. At first it incensed us. Full of our own good intentions towards Ireland, we thought it contrary to nature that Irish members should worry us, their friends, as they had worried Tories, their hereditary enemies. Presently we came to understand how matters stood. The Irish members made little difference between the two great English parties. Both represented to them a hostile domination. Both were ignorant of the condition of their country. Both cared so little about Irish questions that nothing less than deeds of violence out of doors or obstruction within doors could secure their attention. Concessions had to be extorted from both by the same devices; Coercion might be feared at the hands of both. Hence the Irish party was resolved to treat both parties alike, and play off the one against the other in the interests of Ireland alone, using the questions which divide Englishmen and Scotchmen merely as levers 30 BOJF WE BECAME HOME RULERS. whereby to effect their own purposes, because themselves quite indifferent to the substantial merits of those questions. To us new members tliis was an alarming revelation. We found that the House of Commons consisted of two distinct and dissimilar bodies : a large British body (including some few Tories and Liberals from Ireland), which, though it was distracted by party quarrels, really cared for the welfare of the country and the dignity of the House, and would set aside its quarrels in the presence of a great emergency; and a small Irish body, which, though it spoke the English language, was practically foreign, telt no interest in, no responsibility for, the business of Britain or the Empire, and valued its place in the House only as a means of making itself so disagreeable as to obtain its release. When we had grasped this fact, we began to reflect on its causes and conjecture its effects. We had read of the same things in the newspapers, but what a difference there is between reading a drama in your study and seeing if acted on the stage ! We realized what Irish feeling was when we heard these angry cries, and noted how appeals that would have affected English partisans fell on deaf ears. I remember how one night in the summer of 1880, when the Irish members kept us up very late over some trivial Bill of theirs, refusing to adjourn till they had extorted terms, a friend, sitting beside me, said, “See how things come round. They keep us out of bed till five o’clock in the morning because our ancestors bullied theirs for six centuries.” And we saw that the natural relations of an Executive, even a Liberal Executive, to the Irish members were those of strife. Whose fault it was we were unable to decide. Perhaps the Government was too stiff; perhaps the members were vexatious. Anyhow, this strife was evidently the normal state of things, wholly unlike that which existed between Scotch members, to whichever party they belonged, and the executive authorities of Scotland. H017 WE BECAME HOME RULERS. 31 Thus the session of 1880, though it did not bring us consciously nearer to Home Rule, impressed three facts upon us : first, that the House of Lords regarded Ireland solely from the point of view of English landlords, sympathizing with Irish landlords; secondly, that the House of Commons knew so little or cared so little about Ireland that when the Executive declared a measure essential to the peace of Ireland, it scarcely resented the rejection of that measure by the House of Lords; thirdly, that the Irish Nationalists in the House of Commons were a foreign body, foreign in the sense in which a needle which a man swallows is foreign, not helping the organism to discharge its functions, but impeding them, and setting up irritation. We did not yet draw from these facts all the conclusions we should now draw. But the facts were there, and they began to tell upon our minds. Session of 1881.—The winter of 1880-81 was a terrible one in Ireland. The rejection of the Compensation for Disturbance Bill had borne the fruit which Mr. Forster had predicted, and which the House of Lords had ignored. Outrages were numerous and serious. The cry in England for repressive measures had gone on rising from November, when it occasioned a demonstration at the Guildhall ban¬ quet. Several Liberal members (of whom I was one) went to Ireland at Christmas, to see with our own eyes how things stood. We were struck by the difficulty of obtaining trustworthy information in Dublin, where the richer classes, with whom we chiefly came in contact, merely abused the Land League, while the Land Leaguers declared that the accounts of outrages were grossly exaggerated. The most prominent, Mr. Michael Davitt, assured me, and I believe with perfect truth, that he had exerted himself to dis¬ countenance outrage, and that if, as he expected, he was locked up by the Government, outrages would increase. When one reached the disturbed districts, where, of course, I/O^V WE BECAME HOME RULERS. one talked to members as well of the landlord class as of the peasantry, the general conclusion which emerged from the medley of contradictions was that, though there was much agrarian crime, and a pervading sense of insecurity, the disorders were not so bad as people in England believed, and might have been dealt with by a vigorous administra¬ tion of the existing law. Unfortunately, the so-called “better classes,” full of bitterness against the Liberal Ministry and Mr. Forster (whom they did not praise till it was too late), had not assisted the Executive, and had allowed things to reach a pass at which it found the work of governing very difficult. When the Coercion Bill of i88i was introduced, many English Liberals were inclined to resist it. The great majority voted for it, but within two years they bitterly repented their votes. Our motives, which I mention by way of extenuation, not of defence, were these. The Execu¬ tive Government declared that it could not deal with crime by the ordinary law. If its followers refused exceptional powers, they must displace the Ministry, and let in the Tories, who would doubtless obtain such powers, and pro- babl}" use them worse. We had still confidence in Mr. Forster’s judgment, and a deference to Irish Executive Governments generally which Parliamentary experience is well fitted to dissipate. The violence with which the Nationalist members resisted the introduction of the Bill had roused our blood, and the foolish attempts which the Radical and Irish electors in some constituencies had made to deter their members from supporting it had told the other way, and disposed these members to vote for it, in order to show that they were not to be cowed by threats. Finally, we were assured that votes given for the Coercion Bill would pur¬ chase a thorough-going Land Bill, and our anxiety for the latter induced us, naturally, but erringly, to acquiesce in the former. When that Land Bill went into Committee we perceived I/O IF WE BECAME HOME RULERS. 33 how much harm the Coercion Bill had done in intensifying the bitterness of Irish members. Although the Ministry was fighting for their interests against the Tory party and the so-called Whiggish section of its own supporters, who were seeking to cut down the benefits which the measure offered to Irish tenants, the Nationalist members regarded it, and in particular Mr. Forster, as their foe. They resented what tliey deemed the insult put upon their country. They saw those who had been fighting, often, no doubt, by unlawful methods, for the national cause, thrown into prison and kept there without trial. They anticipated (not without reason) the same fortune for themselves. Hence the friendliness which the Liberal party sought to show them met with no response, and Mr. Forster was worried with undiminished vehemence. In the discussions on the Bill we found the Ministry generally resisting all amendments which came from Irish members. When these amendments seemed to us right, w'e voted for them, but they were almost always defeated by the union of the Tories with the steady Ministerialists. Subsequent events have proved that many were right, but, whether they were right or wrong, the fact which impressed us was that in matters which concerned Ireland only, and lay within the exclusive knowledge of Irishmen, Irish members were constantly outvoted by English and Scotch members, who knew nothing at all of the merits of the case, but simply obeyed the party whip. This hai)pened even when tire Irish members who sat on the Liberal side (such as Mr. Dickson and his I.ibcral colleagues from Ulster) joined the Nation¬ alist section in demanding some extension of the Bill which the Ministry refused. And we perceived that nothing incensed the Irish members more than the feeling that their arguments were addressed to deaf ears; that they were overborne, not by reason, but by sheer weight of numbers. Even if they convinced the Ministry, they could seldom D 34 BOJF WE BECAME HOME RULERS. hope to obtain its assent, because the ^Ministry had to consider the House of Lords, sure to reject amendments which favoured the tenant, while to detach a number cf Ministerialists sufficient to carry an amendment against the Treasury Bench, the Moderate Liberals, and the Tories, was evidently hopeless. At the end of the session the House of Lords came again upon the scene. It seriously damaged the Bill by its amendments, and would have destroyed it but for the skill with which the head of the Government handled these amendments, accepting the least pernicious, so as to enable the Upper House without loss of dignity to recede from those which were wholly inadmissible. Several times it seemed as if the conflict would have to pass from West¬ minster to the country, and, in contemplating the chances of a popular agitation or a dissolution, we were regretfully obliged to own that the English people cared too little and knew too little abcut Irish questions to give us much hope of defeating the House of Lords and the Tories upon these issues. An incident which occurred towards the end of the session seems, though trifling in itself, so illustrative of the illogical position in which we stood towards Ireland, as to deserve mention. Mr. Forster, still Chief Secretary, had brought in a Bill for extinguishing the Queen’s University in Ireland, and creating in place of it a body to be called the Royal University, which, however, was not to be a real university at all, but only a set of examiners plus some salaried fellowships, to be held at various places of in¬ struction. Regarding this as a gross educational blunder, which would destroy a useful existing body, and create a sham university in its place, and finding several Parliamen¬ tary friends on whose judgment I could rely to be of the same opinion, I gave notice of opposition to the Bill. Mr. Forster came to me, and pressed with great warmth that //OIF WE BECAME HOME RULERS. 35 the opposition should be withdrawn. The Bill, he said, would satisfy the Roman Catholic hierarchy, and complete the work of the Land Bill in pacifying Ireland. The Irish members wanted it : what business had an English member to interfere to defeat tlieir wishes, and thwart the Executive ? The reply was obvious. Not to speak of the simplicity of expecting the hierarchy to be satisfied by this small conces¬ sion, what were such arguments but the admission of Home Rule in its worst form ? “ You resist the demand of the Irish members to legislate for Ireland; you have just been demanding, and obtaining, the support of English members against those amendments of the Land Bill which Irish members declare to be necessary. Now you bid us sur¬ render our own judgment, ignore our own responsibility, and blindly pass a Bill which we, who have studied these university questions as they affect both Ireland and England, believe to be thoroughly mischievous to the prospects of higher education in Ireland, only because the Irish members, as you sa}', desire it. Do one thing or the other. Either give them the power and the responsibility, or leave both with the Imperial Parliament. You are now asking us to surrender the power, but to remain still subject to the responsibility. We will not bear the latter without the former. We shall prefer Home Rule.” Needless to add that this device—a sample of the petty sops by which successive generations of Plnglish statesmen, Whigs and Tories alike, have sought to win over a priesthood which uses and laughs at them—failed as completely as its predecessors to settle the University question or to range the bishops on the side of the Government. The autumn and winter of i88i revealed the magnitude of the mischief done by making a Coercion Bill precede a Relief Bill. The Land Bill was the largest concession made to the demands of the people since Catholic Emancipation. It was a de})arture, justified by necessity, bat still a de- 3(5 f/OJy WE BECAME HOME RULERS. pavture from our established principles of legislation. It ought to have brought satisfaction and confidence, if not gratitude, with it; ought to have led Ireland to believe in the sincere friendliness of England, and produced a new cordiality between the islands. It did nothing of the kind. It was held to have been extorted from our fears; its grace and sweetness were destroyed by the concomitant severities which the Coercion Act had brought into force, as whole¬ some food becomes distasteful when some bitter compound has been sprinkled over it. We were deeply mortified at this result of our efforts. What was the malign power which made the boons we had conferred shrivel up, “ like fairy gifts fading away”? We still believed the Coercion Act to liave been justified, but lamented the fate which bafiled the main object of our efforts, the winning over Ireland to trust the justice and the capacity of the Imperial Parliament. And thus the two facts which stood out from the history of this eventful session were, first, that even in legislating for the good of Ireland we were legislating against the wishes of Ireland, imposing on her enactments which her representa¬ tives opposed, and which we supported only at the bidding of the Ministry; and, secondly, that at the end of a long session, entirely devoted to her needs, we found her more liostile and not less disturbed than she had been at its beginning. We began to wonder whether we should ever succeed better on our present lines. But we still mostly regarded Plome Rule as a disagreeable solution. Session of 1882.—Still graver were the lessons of the first four months of this year. Mr. Forster went on filling the prisons of Ireland with persons whom he arrested under the Habeas Corpus Suspension Act, and never brought to trial. But the country grew no more quiet. At last he had nine hundred and forty men under lock and key, many of them not “ village ruffians,” whose power a few weeks’ detention was to break, but political offenders, and /fOPF IVE BECAME HOME RULERS. 37 even popular leaders. How long could this go on ? Where was it to stop ? It became plain that the Act was a failure, and that the people, trained to combination by a century and a half’s practice, Avere too strong for the Executive. Either the scheme and plan of the Act had been wrong, or its administration had been incompetent. 'Whichever was the source of the failure (most people will now blame both), the fault must be laid at the door of the Irish Executive; not of Mr. Forster himself, but of those on whom he relied. It had been a Dublin Castle Bill, conceived and carried out by the incompetent bureaucracy which has so long pretended to govern Ireland. Such a proof of incompetence destroyed whatever confidence in that bureaucracy then remained to us, and the disclosures which the Phcenix Park murders and the subsequent proceedings against the Invincibles brought out, proved beyond question that the Irish Executive had only succeeded in giving a more dark and dangerous form, the form of ruthless conspiracy, to the agitation it was combating. When therefore the Prevention of Crime Bill of 1882 was brought in, some of us felt unable to support it, and specially bound to resist those of its provisions which related to trials without a jury, and to boycotting. It was impos¬ sible, on the morrow of the Phoenix Park murders, to deny that some coercive measure might be needed; but we had so far lost faith in repression, and in the officials who were to administer it, as to desire to limit it to what was absolutely necessary, and we protested against enacting for Ireland a criminal code which was not to be applied to Great Britain. Our resistance might have been more successful but for the manner in which the Nationalist members con¬ ducted their opposition. When they began to obstruct— not that under the circumstances we felt entitled to censure them for obstructing a Bill dealing so harshly with their countrymen—Ave Avere obliged to desist, and our experience 38 HO IF IVE BECAME HOME RULERS. of the stormy scenes of the summer of 1882 deepened our sense of the passionate bitterness with which they regarded English members, scarcelypnaking an exception in favour of those who were most disposed to sympathize with them. Many and many a time when we listened to their fierce cries, we seemed to hear in them the battle-cries of the centuries of strife between Celt and Englishman from Athenry to Vinegar Hill; many a time we felt that this rage and mistrust were chiefly of England’s making; and yet not of England’s, but rather of the overmastering fate which had prolonged to our own days the hatreds and the methods of barbarous times : OVK aiTlOL €(T/J,{v ’AWa Zevs 1(0.1 Moipa ko.i •^epocjyoiTts 'EptiVs. So much of the session as the Crime Bill had spared was consumed by the Arrears Bill, over which we had again a “crisis” with the House of Lords. This was the third session that had been practically given up to Irishmen. The freshness and force of the Parliament of 1880—a Par¬ liament full of zeal and ability—had now been almost spent, yet few of the plans of domestic legislation spread before the constituencies of 1880 had been realized. The Government had been anxious to legislate, their majority had been ready to support them, but Ireland had blocked the way; and now the only expedient for improving the procedure of the House was to summon Parliament in an extra autumn session. Here was another.cause for reflection. England and Scotland were calling for measures promised years ago, but no time could be found to discuss them. Nothing was done to reorganize local government, to reform the liquor laws, to improve secondary education, to deal with the housing of the poor, or a dozen other urgent questions, because we were busy with Ireland; and yet how little more loyal or contented did Ireland seem to be for all we had IiO!F WE BECAME HOME RULERS. 39 done. We began to ask whether Home Rule might not be as much an English and Scotch question as an Irish ques¬ tion. It was, at any rate, clear that to allow Ireland to manage her own affairs would open a prospect for England and Scotland to obtain time to attend to theirs.* This feeling was strengthened by the result of the attempts made in tlie autumn session of 1882, to improve the procedure of the House of Commons. We had cherished the hope that more drastic remedies against obstruction and better arrangements for the conduct of business, might relieve much of the pressure Irish members had made us suffer. The passing of the New Rules shattered this hope, for it was plain they would not accomplish what was needed. Some blamed the Government for not framing a more stringent code. Some blamed the Tory and the Irish Op¬ positions (now beginning to work in concert) for cutting down the proposals of the Government. But most of us saw, and came to see still more clearly in the three succeed¬ ing sessions, that the evil was too deejs-rooted to be cured by any changes of procedure, unless they went so far as to destroy freedom of debate for English members also. The presence in a deliberative assembly of a section numbering (or likely soon to number) one-seventh of the whole—a section seeking to lower the character of the assembly, and to derange its mechanism, with no further interest in the greater part of its business e.xcept that of preventing it from * I may mention here another fact whose significance impressed some among us. I’arliament, which usually sinned in not doing for Ireland what Ireland asked, occasionally passed bills for Ireland which were regarded as setting very bad precedents for England. By some bargain between the Irish Office and the Nationalist members, measures were put through which may have been right as respects Ireland, hut which embodied principles mischievous as respects Great Britain. We felt that if it was necessary to enact such statutes, it would be better that they should proceed from an Irish Legislature rather than from the Imperial I’arliament, which might be embarrassed by its own acts when asked to extend the same principles to England. The Labourers’ Act of July, 1SS5, is the most conspicuous example. 40 //OIF IFE BECAH/E HOME RULERS conducting that business—this was the phenomenon which confronted us, and we felt that no rules of debate would overcome the dangers it threatened. It is from this year 1882 that I date the impression M’hich we formed, that Home Rule was sure to come. “ It may be a bold experiment,” we said to one another in the lobbies; “ there are serious difficulties in the way, though the case for it is stronger than we thought two years ago. But if the Irishmen persist as they are doing now, they will get it. It is only a question of their tenacity.” It was impossible not to be struck during the conflicts of 1881 and 1882 with the small amount of real bitterness which the conduct of the Irish members, irritating as it often was, provoked among the Liberals, who of course bore the brunt of the conflict. The Nationalists did their best to injure a Government which was at the same time being denounced by the Tories as too favourable to Irish claims; they lowered the character of Parliament by scenes far more painful than those of the session of 1887, on which so much indignation has been lately expended; they said the hardest things they could think of against us in the House; they attacked us in our constituencies. Their partisans (for I do not charge this on the leaders) interrupted and broke up our meetings. Nevertheless, all this did not provoke responsive hatred from the Liberals. There could not be a greater contrast than that between the way in which the great bulk of the Liberal members all through the Parlia¬ ment of 1880 behaved towards their Irish antagonists, and the violence with which the Tory members, under much slighter provocation, conduct themselves towards those antagonists now. I say this not to the credit of our temper, which was no better than that of other men heated by the struggles of a crowded assembly. It was due entirely to our feeling that there was a great balance of wrong standing to the debit of England; that if the Irish were turbulent, it //OI^F WE BECA3IE HOME RULERS. 41 was the ill-treatment of former days that had made them so; and that, whatever might be their methods, they were fight¬ ing for their country. Although, therefore, there was little social intercourse between us and them, there was always a hope and a wish that the day might come when the Liberal party should resume its natural position of joining the representatives of the Irish people in obtaining radical reforms in Irish government. And the remarkable speech of February 9, 1882, in which Mr. Gladstone declared his mind to be open on the subject, and invited the Nationalists to propound a practicable scheme of self-government, had encouraged us to hope that this day might soon arrive. Session of 1883.—Three facts stood out in the history of this comparatively quiet session, each of which brought us further along the road we had entered. One was the omission of Parliament to complete the ' work begun by the Land Bill of 1881, of improving the condition of the Irish peasantry and reorganizing Irish ad¬ ministration. The Nationalist members brought in Bills for these purposes, 'including one for amending the Land Act by admitting leaseholders to its benefits and securing tenants against having their improvements reckoned against them in the fixing of rents. Though we could not approve all the contents of these Bills, we desired to see the Govern¬ ment either take them up and amend them, or introduce Bills of its own to do what was needed. Some of us spoke strongly in this sense, nor will any one now deny . that we were right. Sound policy called aloud for the completion of the undertaking of i88r. The Government , however refused, alleging, no doubt with some truth, that Ireland could not have all the time of Parliament, but must let England and Scotland have their turn. Nor was any¬ thing done towards the creation of new local institutions in Ireland, or the reform of the Castle bureaucracy. We were profoundly disheartened. We saw golden opportunities 42 7/0 IP' WE 77 EGA ME 770ME RULERS. slipping awa5% and doubted move than ever whether Westminster was the place in which to legislate for Irish grievances. Another momentous fact was the steady increase in the number of Nationalist members. Every seat that fell vacant in Ireland was filled by them. The moderate Irish party, most of whom had by this time crossed the floor of the House, and were sitting among us, had evidently no future. They were estimable, and, in some cases, able men, from whom we had hoped much, as a link between the Liberal party and the Irish people. But they seemed to have lost their hold on the people, nor were they able to give us much practical counsel as to Irish problems. It was clear that they would vanish at the next General Election, and Parliament be left to settle accounts with the extreme men, whose spirits rose as those of our friends steadily sank. Lastly: it was in this session that the alliance of the Nationalists and the Tory Opposition became a potent factor in politics. Its first conspicuous manifestation was in the defeat of the Government by the allied forces on the Affirmation Bill, when the least respectable privates in both armies vied with one another in boisterous rejoicings over the announcement of numbers in the division. I do not refer to this as ground for complaint. It was in the course of our usual political warfare that two groups, each hating and fearing the Ministry, should unite to displace it. But we now saw what power the Irish section must exert when it came to hold the balance of numbers in the House. Till this division, the Government had commanded a majority of the whole House. This would probably not outlast a dissolution. What then ? Could the two English parties, differing so profoundly from one another, combine against the third party ? Evidently not. We must, there¬ fore, look forward to unstable Governments, if not to a total dislocation of our Parliamentary system, HOW WE BECAME HOME RULERS. 43 Session of 1SS4.—I pass over the minor incidents of this year, including the continued neglect of remedial legis¬ lation for Ireland to dwell on its dominant and most impres¬ sive lesson. It was the year of the Franchise Bill, which, as regards Ireland, worked an extension, not merely of the county but also of the borough franchise, and produced, owing to the economic condition of the humbler classes in that country, a far more extensive change than in England or Scotland. When the Bill was introduced the question at once arose—Should Ireland be included ? There were two ways of treating Ireland between which Parliament had to choose. One was to leave her out of the Bill, on the ground that the masses of her population could not be trusted with the franchise, as being ignorant, sympathetic to crime, hostile to the English Government. This course was the logical concomitant of exceptional coercive legislation, such as had been passed in iSSi and 1882. It was quite compatible with generous remedial legislation. But it placed Ireland in an unequal and lower position, treating her, as the Coercion Acts did, as a dependent country, inhabited by a population unfit for the same measure of power which the inhabitants of Britain might receive. The other course was to bestow on Ireland the same extended franchise which the English county occupiers were to receive, applying the principle of equality, and disregard¬ ing the obvious consequences. These consequences were both practical and logical. The practical consequence was the increase in numbers and weight of the Irish party in Parliament hostile to Parliament itself. The logical con¬ sequence was the duty of complying with the wishes of the enfranchised nation. W'hatever reasons were good for giving this enlarged suffrage to the Irish masses, were good for respecting the will which they might use to express it. If the Irish were deemed fit to exercise the same full 44 I/OJ^ WE BECAME HOME RULERS. constitutional rights in legislation as the English, must they not be fit for the same rights of trial by jury, a free press, and all the privileges of personal freedom ? Of these two courses the Cabinet chose the latter, those of its members whom we must suppose, from the language they now hold, to have then hesitated, either stifling their fears or not apprehending the consequences of their boldness. It might have been expected, and indeed was generally expected, that the Tory party would refuse to follow. They talked largely about the danger of an extended Irish suffrage, and pointed out that it would be a w'eapon in the hands of disloyalty. But when the moment for resistance came, they swerved, and never divided in either House against the application of the Bill to Ireland. They might have failed to defeat the measure; but they would have immensely strengthened their position, logically and morally, had they given effect by their votes to the sentiments they were known to entertain, and which not a few Liberals shared. The effect of this uncontested grant to Ireland of a suffrage practically universal was immense upon our minds, and the longer we reflected on it the more significant did it become. It meant to us that the old methods were abandoned, and, as we supposed, for ever. We had deliberately given the Home Rule party arms against English control far more powerful than they previously possessed. We had deliberately asserted our faith in the Irish people. Impossible after this to fall back on Coercion Bills. Im¬ possible to refuse any request compatible with the general safety of the United Kingdom, which Ireland as a nation might prefer. Impossible to establish that system of Crown Colony Government which we had come to perceive was the only real and solid alternative to self-government. To those of us who had been feeling that the Irish difficulty was much the greatest of all England’s difficulties, this stood //OJF WE BECAME HOME RULERS. 45 out beyond the agitation of the autumn and the compromise of the winter as the great political event of 1884.* Although this sketch is in the main a record of Parlia¬ mentary opinion, I ought not to pass over the influence which the study of their constituents’ ideas exerted upon members for the larger towns. We found the vast bulk of our suppoiters—English supporters, for after 1882 it was understood that the Irish voters were our enemies—sympa¬ thetic with the Irish people. They knew and thought little about Home Rule, believing that their member understood that question better than they did, and willing, so long as he was sound on English issues, to trust him. But they pitied Irish tenants, and condemned Irish landlords. Though they acquiesced in a Coercion Bill when proposed by a Liberal Cabinet, because they concluded that nothing less than necessity would lead such a Cabinet to propose one, they so much disliked any exceptional or repressive legislation tliat it was plain they would not long tolerate it. Any popular leader denouncing coercion was certain to have the sentiment of the English masses with him, while as to suspending Irish representation or carrying out consistently the policy of treating Ireland as a subject country, there was no chance in the world of their approval. Those of us, therefore, wlio represented large working-class constituencies became convinced that the solution of the Irish problem must be sought in conciliation and self-government, if only because the other solution. Crown Colony Government, was utterly repugnant to the English masses, in whom the * At Easter, 1885, I met a number of leading Ulster Liberals in Belfast, told them that Home Rule was certainly coming, and urged them to prepare some plan under which any special interests they conceived the Protestant part of Ulster to have, would be effectually safe-guarded. They were startled, and at first discomposed, but l)resently told me I was mistaken ; to which I could only reply that time would show, and perhaps sooner then even English Liberals ex¬ pected. 46 //OJV JVE BECAME HOME RULERS. Franchise Bill of 1884, completing that of 1867, had vested political supremacy.* Session of 18S5.—The allied powers of Toryism and Nationalism gained in this year the victory they had so long striven for. In February they reduced the Ministerial majority to fourteen; in June they overthrew the Ministry. No one supposed that on either occasion the merits of the issue had anything to do with the Nationalist vote: that vote was given simply and solely against the Government, as the Government which had passed the Coercion Acts of 1881 and 1882—Acts demanded by the Tory party, and which had not conceded an Irish Parliament. At last the Irish party had attained its position as the arbiter of power and office. Some of us said, as we walked away from the House, under the dawning light of that memorable 9th of June, “This means Home Rule.” Our forecast was soon to be confirmed. Lord Salisbury’s Cabinet, formed upon the resignation of Mr. Gladstone’s, announced that it would not propose to renew any part of the Coercion Act of 1882, which was to expire in August. Here was a surrender indeed ! But the Tory leaders went further. They did not excuse themselves on the ground of want of time. They took credit for their benevolence towards Ireland; they dis¬ covered excellent reasons why the Act should be dropped. They even turned upon Lord Spencer, whose administration they had hitherto blamed for its leniency, and attacked him in Parliament, among the cheers of his Irish enemies. From that time till the close of the General Election in December everything was done, short of giving public pledges, to keep the Irish leaders and the Irish voters in good humour. The Tory party in fact posed as the true friends of Ireland, averse * My recollection of a conversation with a distinguished public man in July, 1882, enables me to say that this fact had impressed itself upon us as early as that year. He doubted the fact, but admitted that, if true, it was momentous. The passing of the Franchise Bill made it, in our view, more momentous than ever. //OIF WE BECAME //OME RULERS. 47 from coeicion, and with minds perfectly open on the subject of self-government. This change of front, so sudden, so unblushing, com¬ pleted the process which had been going on in our minds. By 1882 we had come to feel that Home Rule was inevitable, though probably undesirable. Before long we had asked ourselves whether it was really undesirable, whether it might not be a good thing both for England, whose Parliament and Cabinet system it would relieve from impending dangers, while leaving free scope for domestic legislation, and for Ireland, which could hardly manage her affairs worse than we were managing them for her, and might manage them better. And thus, by the spring of 1885, many of us were prepared for a large scheme of local self-government in Ireland, including a central legislative body in Dublin.* Now when it was plain that the English party which had hitherto called for repression, and had professed itself anxious for a patriotic union of all parties to maintain order and a continuity of policy in Ireland, was ready to bid for Irish help at the polls by throwing over repression and reversing the policy it had advocated, we felt that the sooner Ireland was taken out of English party politics the better. What prospect was there of improving Ireland by the superior wisdom and fairness of the British Parliament, if British leaders were to make their Irish policy turn on interested bargains with Nationalist leaders? Repression, which we * Some thought that its functions should be very limited, while large powers were granted to county boards or provincial councils. But most had, I think, already perceived that the grant of a merely local self- government, while retaining an irresponsible central bureaucracy, would do more harm than good. It seemed at first sight a safer e.vperiment than the creation of a central legislative body. But, like many middle courses, it combined the demerits and wanted the merits of each of the e.vtreme courses. It would not make the country tranquil, as firm and long-continued repression might possibly do. Neither would it satisfy the people’s demands, and divert them from struggles against England to disputes and discussions among themselves, as the gift of genuine s.lf-government might do. 48 I/Oir JVE BECAME HOME RULERS. clearly saw to be the only alternative to self-government, seemed to be by common consent abandoned. I remember how, at a party of members in the beginning of July, some one said, “ Well, there’s an end for ever of coercion at any rate,” and every one assented as to an obvious truth. Ac¬ cordingly the result of the new departure of the Salisbury Cabinet in 1885 was to convince even doubters that Home Rule must come, and to make those already convinced anxious to see it come quickly, and to find the best form that could be given it. Many of us expected the Tory Government to propose it. Rumour declared the new Lord Lieutenant to be in favour of it. His government was ex¬ tremely conciliatory in Ireland, even to the recalcitrant cor¬ poration of Limerick. Not to mention less serious and less respected Tory Ministers, Lord Salisbury talked at Newport about the dualism of the Austro-Hungarian Monarchy with the air of a man who desired to have a workable scheme, analogous, if not similar, suggested for Ireland and Great Britain. The Irish Nationalists appeared to place their hopes in this quarter, for they attacked the Liberal party with unexampled bitterness, and threw all their voting strength into the Tory scale. As it has lately been attempted to blacken the character of the Irish leaders, it deserves to be remarked that whatever has been charged against them was said or done by them before the spring of 1885, and was, practically, perfectly well known to the Tory leaders Avhen they accepted the alliance of the Irish party in the House of Commons, and courted their support in the election of 1885. To those who remember what went on in the House in the sessions of 1884 and 1885, the horror now professed by the Tory leaders for the conduct and w'ords of the Irish party would be matter for laughter if it w'ere not also matter for just indignation. Why, it may be asked, if the persuasion that Home Rule //OIF IVE BECAME HOME RULERS. 49 was certain, and even desirable, had become general among the Liberals who had sat through the Parliament of 1880, was it not more fully expressed at the election of 1885? This is a fair question, which I shall try to answer. In the first place, the electors made few inquiries about Ireland. They disliked the subject; they had not realized its supreme importance. Those of us who felt anxious to explain our views (as was my own case) had to volunteer to do so, for we were not asked about them. The Irish party in the constituencies was in violent opposition to Liberal candidates; it did not interrogate, but denounced. Further, it was felt that the issue was mainly one to be decided in Ireland itself. The question of Home Rule was being sub¬ mitted, not, as heretofore, to a limited constituency, but to the whole Irish people. Till their will had been constitu¬ tionally declared at the polls it was not proper that English¬ men or Scotchmen should anticipate its tenour. AVe should even have been accused, had we volunteered our opinions, of seeking to affect the result in Ireland, and, not only of playing for the Irish vote in Great Britain, as we saw the Tories doing, but of prejudicing the chances of those Liberal candidates who, in Irish constituencies, were competing with extreme Nationalists. A third reason was that most English and Scotch Liberals did not know how far their own dispo¬ sitions towards Home Rule were shared by their leaders. Mr. Gladstone’s declaration in his Midlothian address was no doubt a decided intimation of his views, and was certainly understood by some (as by myself) to imply the grant to Ireland of a Parliament; but, strong as its words were, its importance does not seem to have been fully appreciated at the moment. And the opinions of a statesman whose un¬ equalled Irish experience and elevated character gave him a weight only second to that of Mr. Gladstone—I mean Lord Spencer—had not been made known. AVc had conse¬ quently no certainty that there were leaders prepared to give E I/O IF WE BECAME I/OME RULERS. SO prompt effect to the views we entertained. Lastly, we were not prepared with a practical scheme of self-government for Ireland. The Nationalist members had propounded none which we could either adopt or criticize. Convinced as we were that Home Rule would come and must come, we felt the difficulties surrounding every suggestion that had yet been made, and had not hammered out any plan rvhich we could lay before the electors as approved by Liberal opinion.* We were forced to confine ourselves to generalities. Whether it would have been better for us to have done our thinking and scheme-making in public, and thereby have sooner forced the details of the problem upon the attention of the country, need not now be inquired. Any one can now see that something was lost by the omission. But those who censure a course that ha,s actually been taken usually fail to estimate the evils that would have followed from the taking of the opposite course. Such evils might in this instance have been as great as those we have encountered. I have spoken of the importance we attached to the decision of Ireland itself, and of the attitude of expectancy which, while that decision was uncertain, Englishmen were forced to maintain. W^e had not long to wait. Early in December it was known that five-sixths of the members returned from Ireland w'ere Nationalists, and that the * Some of us had tried to do so. I prepared such a scheme in the autumn of 1885, and submitted it to some specially competent friends. Their objections, made from what would now be called the Unionist point of view, were weighty. But their effect was to convince me that the scheme erred on the side of caution ; and I believe the experience of other Liberals who worked at the problem to have been the same as my own—viz. that a small and timid scheme is more dangerous than a large and bold one. Thus the result of our thinking from July, 1885, till April, 1886, was to make us more and more dispos;d to reject half and- half solutions. Some of us (of whom I was one) expressed this feeling by saying in our election addresses in 1885, “ the further we go in giving the Irish people the management of their own affairs (subject to the maintenance of the unity of the empire) the better.” HOW WE BECAME HOME RULERS. 51 majorities which had returned them were crushing. If ever a people spoke its will, the Irish people spoke theirs at the election of 1885. The last link in the chain of conviction, which events had been forging since 1880, was now supplied. In passing the Franchise Bill of 1884, we had asked Ireland to declare her n\ind. She had now answered. If the question was not a mockery, and representative government a sham, we were bt'und to accept the answer, subject only, ljut subject always, to the interests of the whole United Kingdom. In other words, we were bound to devise such a scheme of self-government for Ireland as would give full satisfaction to her wishes, while maintaining the ultimate supremacy of the Imperial Parliament and the unity of the British Empire. Very few words are needed to summarize the outline which, omitting many details which would have illustrated and confirmed its truth, I have attempted to present of the progress of opinion among Liberal members of the Parlia¬ ment of 1880. 1. Our experience of the Coercion Bills of 1881 and 1882 disclosed the enormous mischief which such measures do in alienating the minds of Irishmen, and the difficulty of enlisting Irish sentiment on behalf of the law. The results of the Act of 1881 taught us that the repression of open agitation means the growth of far more dangerous con¬ spiracy; those of the Act of 1882 proved that even under an administration like Lord Spencer’s repression works no change for the better in the habits and ideas of the people. 2. The conduct of the House of Lords in 1880 and 1881, and the malign influence which its existence exerted whenever remedial legislation for Ireland came in question, convinced us that full and complete justice will never be done to Ireland by the British Parliament while the Upper House (as at present constituted) remains a part of that Parliament. 3. The break-down of the procedure of the House of 52 ffOlF WE BECAME HOME RULERS, Commons, and the failure of the efforts to amend it, proved that Parliament cannot work so long as a considerable section of its members seek to impede its working. To enable it to do its duty by England and Scotland, it was evidently necessary, either to make the Irish members as loyal to Parliament as English and Scotch members usually are, or else to exclude them. 4. The discussions of Irish Bills in the House of Commons made us realize how little English members knew about Ireland ; how utterly different were their competence for, and their attitude towards, Irish questions and English questions. AVe perceived that we were legislating in the dark for a country whose economic and social condition we did not understand—a country to which we could not apply our English ideas of policy; a country whose very temper and feeling were strange to us. AA^e were really fitter to pass laws for Canada or Australia than for this isle within sight of our shores. 5. I have said that we were legislating In the dark. But there were two quarters from which light was proffered, the Irish members and the Irish Executive. AVe rejected the first, and could hardly help doing so, for to accept it would have been to displace our own leaders. AVe followed the light which the Executive gave. But in some cases- (as notably in the case of the Coercion Bill of 1881) it proved to be a “ wandering fire,” leading us into dangerous morasses. And we perceived that at all times legislation at the bidding of the Executive, against the wishes of Irish members, was not self-government or free government. It was despotism. The rule of Ireland by the British Parliament was really “ the rule of a dependency through an official, responsible no doubt, but responsible not to the ruled, but to an assembly of which they form less than a sixth part.” * As * Quoted from an article contributed by myself to the American Cmtury Magazine, which I refer to because, written in the spring of itiSj, it expresses the ideas here stated. I/OIV WE BECAME HOME RULERS. S 2 this assembly closed its ears to the one-sixth, and gave effect to the will of the official, this was essentially arbitrary government, and wanted those elements of success which free government contains. This experience had, by 1884, convinced us that the present relations of the British Parliament to Ireland were bad, and could not last; that the discontent of Ireland was justified; that the existing system, in alienating the mind of Ireland, tended, not merely to Repeal, but to Separation; that the simplest, and probably the only effective, remedy for the increasing dangers was the grant of an Irish Legisla¬ ture. Two events clinched these conclusions. One w'as the Tory surrender of June, 1885. Self-government, we had come to see, was the only alternative to Coercion, and now Coercion was gone. The other was the General Election of December, 1885, when newly-enfranchised Ireland, through five-sixths of her representatives, demanded a Parliament of her own. These were not, as is sometimes alleged, conclusions of despair. We were mostly persons of a cautious and con¬ servative turn of mind, as men imbued with the spirit of the British Constitution ought to be. The first thing \vas to convince us that the existing relations of the islands were faulty, and could not be maintained. This was a negative result, and while we remained in that stage we were de¬ spondent. Many Liberal members will remember the gloom that fell on us in 1882 and 1883 whenever we thought or spoke of Ireland. But presently the clouds lifted. We still felt the old objections to any Home Rule scheme, though we now saw that they were less formidable than the evils of the present system. But we came to feel that the grant of self-government was a right thing in itself. It was not merely a means of ridding ourselves of our difficulties, not merely a boon yielded because long demanded. It was a return to broad and deep principles, a conformity to those 54 IJO^F WE BECAME HOME RULERS. natural laws which govern human society as well as the inanimate world—an effort to enlist the better and higher feelings of mankind in the creation of a truer union between the two nations than had ever yet existed. When we perceived this, hope returned. It is strong with us now, for, though we see troubles, perhaps even dangers, in the immediate future, we are confident that the principles on which Liberal policy towards Ireland is based will in the long run work out a happy issue for her, as they have in and for every other country that has trusted to them. One last word as to Consistency. We learnt in the Parliament of 1880 many facts about Ireland we had not known before; we felt the force and bearing of other facts previously accepted on hearsay, but not realized. We saw the Irish problem change from what it had been in 1880 into the new phase which stood apparent at the end of 1885, Coercion abandoned by its former advocates. Self- government demanded by the nation. Were we to dis¬ regard all these new facts, ignore all these new conditions, and cling to old ideas, some of which we perceived to be mistaken, while others, still true in themselves, were out¬ weighed by arguments of far wider import? We did not so estimate our duty. We foresaw the taunts of foes and the reproaches of friends. But we resolved to give effect to the opinions we slowly, painfully, even reluctantly formed, opinions all the stronger because not suddenly adopted, and founded upon evidence whose strength no one can appreciate till he has studied the causes of Irish discontent in Irish history, and been forced (as we Avere) to face in Parliament the practical difficulties of the government of Ireland by the British House of Commons. NOJ/B RULE AND IMPERIAL UNITY. By Lord Turing. The principal charge made against the scheme of Home Rule contained in the Irish Government Bill, 1886, is that it is incompatible with the maintenance of the unity of the Empire and the supremacy of the Imperial Parliament. A further allegation states that the Bill is useless, as agrarian exasperation lies at the root of Irish discontent and Irish disloyalty, and that no place would be found for a Home Rule Bill even in Irish aspirations if an effective Land Bill were first passed. An endeavour will be made in the follow¬ ing pages to secure a verdict of acquittal on both counts— as to the charge relating to Imperial unity and the supre¬ macy of the Imperial Parliament, by proving that the accu¬ sation is absolutely unfounded, and based partly on a misconception of the nature of Imperial ties, and partly on a misapprehension of the effect of the provisions of the Home Rule Bill as bearing on Imperial questions; and as to the inutility of the Home Rule Bill in view of the necessity of Land Reform, by showing that without a Home Rule Bill no Land Bill worth consideration as a means of pacifying Ireland can be passed. The complete partisan spirit in which Home Rule has been treated is the more to be deplored as the rubject is S6 HOME RULE AND IMPERIAL UNITY. one which does not lend itself readily to the trivialities of party debates. It raises questions of principle, not of detail. It ascends at once into the highest region of politics. It is conversant with the great questions of con¬ stitutional and international law, and leads to an inquiry into the very nature of governments and the various modes in which communities of men are associated together either as simple or composite nations. To describe those modes in detail would be to give a history of the various despotic, monarchical, oligarchical, and democratic systems of govern¬ ment which have oppressed or made happy the children of men. Such a description is calculated to perplex and mislead from its very extent; not so an inquiry into the powers of government, and a classification of those powers. They are limited in extent, and, if we confine ourselves to English names and English necessities, we shall readily attain to an apprehension of the mode in which empires, nations, and political societies are bound together, at least in so far as such knowledge is required for the understand¬ ing of the nature of Imperial supremacy, and the mode in which Home Rule in Ireland is calculated to affect that supremacy. The powers of government are divisible into two great classes—i. Imperial powers; 2. State powers, using “State” in the American sense of a political community subordi¬ nated to some other power, and not in the sense of an independent nation. The Imperial powers are in English law described as the prerogatives of the Crown, and consist in the main of the powers of making peace and war, of maintaining armies and fleets and regulating commerce, and making treaties with foreign nations. State powers are complete powers of local self-government, described in our colonial Constitutions as powers to make laws “ for the peace, order, and good government of the Colony or State ” in which such powers are to be exercised. HOME RULE AND IMPERIAL UNITY. 57 Intermediate between the Imperial and State powers are a class of powers required to prevent disputes and facilitate intercourse between the various parts of^an empire or other composite system of States—for example, the coinage of money, and other regulations relating to the currency; the laws relating to copyright, or other exclusive rights to the use and profits of any works or inventions; and so forth. These powers may be described as quasi-imperial powers. Having arrived at a competent knowledge of the mate¬ rials out of which governments are formed, it may be well to proceed to a consideration of the manner in which those materials have been worked up in building the two great Anglo-Saxon composite nations — namely, the American Union and the British Empire—for, if we find that the arrangements proposed by the Irish Home Rule Bill are strictly in accordance with the principles on which the unity of the American Union was based and on which the Imperial power of Great Britain has rested for centuries, the con¬ clusion must be that the Irish Home Rule Bill is not antago¬ nistic to tlie unity of the Empire or to the supremacy of the British Parliament. In discussing these matters it will be convenient to begin with the American Union, as it is less extensive in area and more homogeneous in its construction than the British Empire. The thirteen revolted American colonies, on the conclusion of tbeir war with England, found themselves in the position of thirteen independent States having no con¬ nection with each other. The common tie of supremacy exercised by the mother country was broken, and each State was an independent nation, possessed both of Imperial and Local rights. Tlie impossibility of a cluster of thirteen small indepen¬ dent nations maintaining their independence against foreign aggression became immediately apparent, and, to remedy this evil, the thirteen States appointed delegates to form 58 HOME RULE AND IMPERIAL UNITY. a convention authorized to weld them into one body as respected Imperial powers. This was attempted to be done by the establishment of a central body called a Congress, consisting of delegates from the component States, and invested with all the powers designated above as Impe¬ rial and quasi-imperial powers. The expenses incurred by the confederacy were to be defrayed out of a common fund, to be supplied by requisitions made on the several States. In effect, the confederacy of the thirteen States amounted to little more than an offensive and defensive alliance between tliirteen independent nations, as the central power had States for its subjects and not individuals, and could only enforce the law a^^ainst any disobedientState bycalling on the twelve other Stat( s to make war on the refractory member of the union. A system dependent for its efficacy on the concurrence of so many separate communities contained in itself the seeds of dissolution, and it soon became apparent that one of two things must occur—either the American States must cease as such to be a nation, or the component members of that union must each be prepared to relinquish a further portion of the sovereign or quasi-sovereign powers which it possessed. Under those circumstances, what was the course taken by the thirteen States ? They perceived that it was quite possible to maintain complete unity and compactness as a nation if, in addition to investing the Supreme Govern¬ ment with Imperial and quasi-Imperial powers, they added full power to impose federal taxes on the component States and established an Executive furnished with ample means to carry all federal powers into effect through the medium of federal officers. The government so formed consisted of a President and two elected Plouses called Congress, and, as a balance-wheel of the Constitution, a Supreme Court was established, to which was confided the task of deciding in case of dispute all questions arising under the Constitu¬ tion of the United States or relating to international law. HOME RULE AND IMPERIAL UNITY. 59 The Executive of the United States, with the President as its source and head, was furnished with full authority and power to enforce the federal laws. The army and navy were under its command, and it w'as provided with courts of justice, and subordinate officers to enforce the decrees of those courts throughout the length and breadth of the Union. Above all, a complete system of federal taxation supplied the Central Government with the necessary funds to perform effectually all the functions of a supreme national government. The nature of the Constitution of the United States will be best understood by considering the position in which its subjects stand to the Central Government and their own State Governments. In effect, every inhabitant of the United States has a double nationality. He belongs to one great nation called the United States, or, as it would be more aptly called to show its absolute unity, the American Republic, having jurisdiction over the whole surface of ground comprised in the area of the United States. Pie is also a citizen of a smaller local and partially self-governing body—more important than a county, but not approaching the position of a nation—called a State. It is no part of the object of this article to enter into the details of the American government, its advantages or defects. This much, however, is clear—the American Con¬ stitution has lasted nearly one hundred years, and shows no signs of decay or disruption. It has stood the strain of the greatest war of modern times, and has emerged from the conflict stronger than before. Even during the war the an¬ tagonism of the rebels was directed, not against the Union, but against the efforts of the Northern States to suppress slavery, or, in other words, to destroy, as the Southern States believed (not unjustly as the event showed), their property in slaves, and consequently the only means they had of making their estates profitable. One conclusion, then, we 6o HOME RULE AND IMPERIAL UNITY. may draw, that a nation in which the Imperial powers and the State powers are vested in different authorities is no less compact and powerful, as respects all national capacities, than a nation in which both classes of powers are wielded by the same functionaries; and one lesson more may be learnt from the American War of Secession—namely, that in a nation having such a division of powers, any conflict between the two classes results in the Supreme or Imperial powers prevailing over the Local governmental powers, and not in the latter invading or driving a wedj,e into the Supreme powers. In fact, the tendency in case of a struggle is towards an undue centralization of the nation by reason of the encroachment by the Supreme authority, rather than towards a weakening of the national unity by separatist action on the part of the constituent members of the nation. In comparing the Constitution of the United States with the Constitution of the British Empire, we find an apparent resemblance in form as respects the Anglo-Saxon colonies, but underlying the surface a total difference of principle. The United States is an aggregate of homogeneous and contiguous States which, in order to weld themselves into a nation, gave up a portion of their rights to a central authority, reserving to themselves all powers of government which they did not expressly relinquish. The British Empire is an aggregate of many communities under one common head, and is thus described by Mr. Burke in 1774, in language which may seem to have been somewhat too enthusiastic at the time when it was spoken, but at the present day does not more than do justice to an Empire which comprises one-sixth of the habitable globe in extent and population :— “ I look, I say, on the Imperial rights of Great Britain, and the privileges which the colonies ought to enjoy under those rights, to be just the most reconcilable things in the world. The Parliament of Great Britain sits at the head of l/OME RULE AND IMPERIAL UNITY. 6i her extensive Empire in two capacities: one as the local legislature of this island, providing for all things at home immediately and by no other instrument than the executive power; the other, and I think her nobler capacity, is what I call her Imperial character, in which, as from the throne of heaven, she superintends all the several Legislatures, and guides and controls them all without annihilating any. As all these provincial Legislatures are only co-ordinate with each other, they ought all to be subordinate to her, else they can neither preserve mutual peace, nor hope for mutual justice, nor effectually afford mutual assistance.” * The means by which the possessions of Great Britain were acquired have been as various as the possessions them¬ selves. The European, Asiatic, and African possessions became ours by conquest and cession; the American by conquest, treaty, and settlement; the Australasian by settle¬ ment, and by that dubious system of settlement known by the name of annexation. Now, what is the link which fastens each of these possessions to the mother country? Surely it is the inherent and indestructible right of the British Crown to exercise Imperial powers—in other words, the supremacy of the Queen and the British Parliament ? What, again, is the common bond of union between these vast colonial possessions, differing in laws, in religion, and in the cliaracter of the population ? The same answer must be given : the joint and several tie, so to speak, is the same —namely, the sovereignty of Great Britain. It is true that the mode in which the materials composing the British Empire have been cemented together is exactly the reverse of the manner of the construction of the American Union. In the case of the Union, independent States voluntarily relinquished a portion of their sovereignty to secure nationai unity, and entrusted the guardianship of that unity to a representative body chosen by themselves. Such a union ♦ Burke’s Speech on American Taxation, vol. i. p. 174 62 HOME RULE AND IMPERIAL UNITY. was based on contract, and could only be constructed by communities which claimed to be independent. Far dif¬ ferent have been the circumstances under which England has developed itself into the British Empire. England began as a sovereign power, having its sovereignty vested at first solely in the .Sovereign, but gradually in the Sovereign and Parliament. This sovereignty neither the Crown nor the Parliament can, jointly or severally, get rid of, for it is of the very essence of a sovereign power that it cannot, by Act of Parliament or otherwise, bind its successors.* This principle of supremacy has never been lost sight of by the British Parliament. Their right to alter or suspend a colonial Constitution has never been disputed. Contract never enters into the question. The dominant authority delegates to its subordinate communities as much or as little power as it deems advantageous for each body, and, if it sees fit, resumes a portion or the whole of the delegated authority. The last point of difference to be noted between the American Con¬ stitution and the Constitution of the British Empire is the fact that as Minerva sprang from the brain of Jupiter fully equipped, so the American Constitution came forth from the hands of its framers complete and, what is of more importance, practically in material matters unchangeable except by the agony of an internecine war or some overwhelming passions. The British Empire, on the other hand, is, as respects its component members, ever in progress and flux. An Anglo- Saxon colony, no less than a human being, has its infancy under the maternal care of a governor, its boyhood subject to the government of a representative council and an Execu¬ tive appointed by the Crown, its manhood under Home Rule and responsible government, in which the Executive are bound to vacate their offices whenever they are out-voted * This is the opinion of both English and American lawyers. See Blackstone’s Comm., i. 90; Austin on Jurisprudence, i. 226. As to American cases, see Corley on Constitutional Limitations, pp. 2-149. HOME RULE AND IMPERIAL UNITY. 63 in the Legislature. Changes are ever taking jilace in the growth, so to speak, of the several British possessions, but what is the result? Nobody ever dreams of these changes injuring the Imperial tie or the supremacy of the British Parliament, that alone towers above all, unchangeable and unimpaired; and, what is most notable, loyalty and devotion to the Crown—that is to say, the Imperial tie—so far from being weakened by the transition of a colony from a state of dependence in local affairs to the higher degree of a self- governing colony, are, on the contrary, strengthened almost in direct proportion as the central interference with local affairs is diminished. On this point an unimpeachable wit¬ ness—Mr. Merivale—says : “ What, then, are the lessons to be learnt from a consideration of the American Constitution and of our colonial system? Surely these: that Imperial unity and Imperial supremacy are in no degree dependent on the control exercised by the central power on its de¬ pendent members.” Facts, however, are more conclusive than any arguments; and we have only to look back to the state some forty years ago of Canada, New Zealand, and the various colonies of Australia, and compare that state with their condition to-day, to come to the conclusion that the fullest power of local government is perfectly consistent with the unity of the Empire and the supremacy of the British Parliament. Under the old colonial Constitutions the Executive of those colonies was under the control of the Crown; and Mr. Merivale says “ that the political existence consisted of a series of quarrels and reconciliations between the two opposing authorities—the colonial legislative body and the Executive nominated by the Crown.” England resolved to give up the control of the Executive, and to grant complete responsible government—that is to say, the Governor of each colony was instructed that his Executive Council (or Ministry, as we should call it) must resign when¬ ever they were out-voted by the legislative body. The 64 HOME RULE AND IMPERIAL UNITY. effect of this change, this relaxing, as would be supposed, of the Imperial tie, was magical, and is thus described by Mr. Merivale: * “The magnitude of that change — the extraordinary rapidity of its beneficial effects—it is scarcely possible to exaggerate. None but those who have traced it can realize the sudden spring made by a young community under its first release from the old tie of subjection, moderate as that tie really was. The cessation, as if by magic, of the old irritant sores between colony and mother country is the first result. Not only are they at concord, but they seem to leave hardly any traces in the public mind behind them. Confi¬ dence and affection towards the home, still fondly so termed by the colonist as well as the emigrant, seem to supersede at once distrust and hostility. Loyalty, which was before the badge of a class suspected by the rest of the community, became the common watchword of all, and, with some ex¬ travagance in the sentiment, there arises no small share of its nobleness and devotion. Communities, which but a few years ago would have wrangled over the smallest item of public expenditure to which they were invited by the Execu¬ tive to contribute, have vied with each other in their sub¬ scriptions to purposes of British interests in response to calls of humanity, or munificence for objects but indistinctly heard of at the distance of half the world.” The Dominion of Canada has been so much talked about that it may be well to give a summary of its Constitu¬ tion, though, in so far as regards its relations to the mother country, it difl'ers in no material respect from any other self- governing colony. The Dominion consists of seven pro¬ vinces, each of which has a Legislature of its own, but is at the same time subject to the Legislature of the Dominion, in the same manner as each State in the American Union has a Legisl.ature of its own, and is at the same time subject * “ Lectures on the Colonies,” p. 641. / 70 M£ RULE AND IMPERIAL UNITY. 65 to the control of Congress. The distinguishing feature be¬ tween the system of the American States and the associated colonies ot the Dominion of Canada is this—that all Imperial powers, everything that constitutes a people a nation as respects foreigners, are reserved to the mother country. The division, tlien, of the Dominion and its provinces con¬ sists only in a division of Local powers. It is impossible to mark accurately the line between Dominion and Provincial powers, but, speaking generally. Dominion powers relate to such matters—for example, the regulation of trade and commerce, postal service, currency, and so forth—as re¬ quire to be dealt with on a uniform principle throughout the whole area of a country; while the Provincial powers relate to provincial and municipal institutions, provincial licensing, and other subjects restricted to tire limits of the province. As a general rule, the Legislature of the Dominion and the Legislature of each province have respectively exclusive jurisdiction within the limits of the subjects entrusted to them; but, as respects agriculture and immigration, the Dominion Parliament have power to overrule any Act of the provincial Legislatures, and, as respects property and civil rights in Ontario, Nova Scotia, and New Brunswick, the Dominion Parliament may legislate with a view to uniformity, but their legislation is not valid unless it is accepted by the Legislature of each province to which it applies. The executive authority in the Dominion Government, as in all the self-governing colonies, is carried on by the Governor in the name of the Queen, but with the advice of a Council: that is to say, as to all Imperial matters, he is under the control of the mother country; as to all local matters, he acts on the advice of his local Council. The result of the whole is that the citizenship of an inhabitant of the Dominion of Canada is a triple tie. Suppose him to reside in the province of Quebec. First, he is a citizen of F 66 HOME RULE AND IMPERIAL UNITY. that province, and bound to obey all the laws which it is within the competence of the provincial Legislature to pass. Next, he is a citizen of the Dominion of Canada, and acknowledges its jurisdiction in all matters outside the legitimate sphere of the province. Lastly, and above all, he is a subject of her Majesty. He is to all intents and purposes, as respects the vast company of nations, an Englishman, entitled to all the privileges as he is to all the glory of the mother country so far as such privileges can be enjoyed and glory participated in without actual resi¬ dence in England. One startling point of likeness in events and unlikeness in consequences is to be found in the history of Ireland and Canada. In 1798 Ireland rebelled. Pro¬ testant and Catholic were arrayed in arms against each other. The rebellion was quenched in blood, and measures of repression have been in force, with slight intervals of suspension, ever since, with this result—that the Ireland of 1886 is scarcely less disloyal and discontented than the Ireland of 1798. In 1837 and 1838 Canada rebelled. Protestants and Catholics, differing in nationality as well as in religion, were arrayed in arms against each other. The rebellion was quelled with the least possible violence, a free Constitution was given, and the Canada of 1886 is the largest, most loyal, and most contented colony in her Majesty’s dominions. Assuming, then, thus much to be proved by the Consti¬ tution of the United States that national unity of the closest description is consistent with complete Home Rule in the component members of the nation, and by the history of Canada and the British colonial empire that an Imperial tie is sufficient to bind together for centuries dependencies differing in situation, in nationality, in religion, in laws, in everything that distinguishes peoples one from another, and further and more particularly that emancipation of the Anglo-Saxon colonies from control in their internal affairs HOME RULE AND IMPERIAL UNITY. 67 strengthens instead of weakening Imperial unity, let us turn to Ireland and inquire whether there is anything in the circumstances under which Home Rule was proposed to be granted to Ireland, or in the measures intended to establish that Home Rule, fairly leading to the inference that dis¬ ruption of the Empire or an impairment of Imperial powers would probably be a consequence of passing the Irish Government Bill and the Irish Land Bill. And, first, as to the circumstances which would seem to recommend the Irish Home Rule Bill. Ireland, from the very commencement of her connection with England, has chafed under the restraints which that connection imposed. The closer the apparent union between the two countries the greater the real disunion. The Act of 1800, in words and in law, effected not a union merely, but a consolidation of the two countries. The effect of those words and that law was to give rise to a restless discontent, which has constantly found expression in efforts to procure the repeal of the Act of Union and the re¬ establishment of a National Parliament in Dublin. How futile have been the efforts of the British Parliament to diminish by concession or repress by coercion Irish aspira¬ tions or Irish discontent it is unnecessary to discuss here. All men admit the facts, however different the conclusions which they draw from those facts. What Burke said of America on moving in 1775 his resolution on concilia¬ tion with the colonies was true in 1885 with respect to Ireland:— “ The fact is undoubted, that under former Parliaments the state of America [read for America, Ireland] has been kept in continual agitation. Everything administered as remedy to the public complaint, if it did not produce, was at least followed by an heightening of the distemper, until, by a variety of experiments, that important country has been fxought into her present situation—a situation which I will 6 S HOME RULE AND UIPERIAL UNITY. not miscall, which I dare not name, which I scarcely know how to comprehend in the terms of any description.” * At length, after the election of 1885, Mr. Gladstone and the majority of his followers came to the conclusion that an opportunity had presented itself for providing Ireland with a Constitution conferring on the people of that country the largest measure of self-government consistent with the absolute supremacy of the Crown and the Imperial Parlia¬ ment and the entire unity of the Empire. A scheme was proposed which was accepted in principle by the representa¬ tives of the National party in Ireland as a fair and sufficient adjustment of the Imperial claims of Great Britain and the Local claims of Ireland. The scheme was shortly this. A Legislative Assembly was proposed to be established in Ireland with power to make all laws necessary for the good government of Ireland—in other words, invested with the same powers of local self-government as a colonial Assembly. The Irish Assembly was in one respect unlike a colonial Legislature. It consisted of one House only, but this House was divided into two orders, each of which, in case of differences on any important legislative matter, voted separately. This form was adopted in order to minimize the chances of collision between the two orders, by making it imperative on each order to hear the arguments of the other before proceeding to a division, thus throwing on the dissentient order the full responsibility of its dissent, with a complete knowledge of the consequences likely to ensue therefrom. The clause conferring on the Irish Legislature full powers of local self-government was immediately followed by a provision excepting, by enumeration, from any inter¬ ference on the part of the Irish Legislature, all Imperial powers, and declaring any enactment void which infringed on that provision. This exception (as is well known) is not found in colonial Constitutional Acts. In them the restric- * Burke, vol. i. p. 181. IIORIE RULE AND IMPERIAL UNITY. 69 tion of the words of the grant to Local powers only has been held sufficient to safeguard the supremacy of the British Parliament and the unity of the Empire. The reason for making a difference in the case of the Home Rule Bill was political, not legal. Separation was declared by the enemies of the Bill to be the real intention of its supporters, and destruction of the unity of the Empire to be its certain consequence. It seemed rvell that Ireland, by her repre¬ sentatives, should accept as a satisfactory charter of Irish liberty a document which contained an express submission to Imperial power and a direct acknowledgment of Imperial unity. Similarly with respect to the supremacy of the British Parliament. In the colonial Constitutions all re¬ ference to this supremacy is omitted as being too clear to require notice. In the case of the Irish Home Rule Bill instructions were given to preserve in express words the supremacy of the British Parliament in order to pledge Ireland to an express admission of that supremacy by the same vote which accepted Local powers. It is true that the wording by the draftsman of the sentence reserving the supremacy of Parliament was justly found fault with as inaccurate and doubtful, but that defect rvould have been cured by an amendment in Committee; and, even if there had not been any such clause in the Bill, it is clear, from what has been said above, that the Imperial Legislature could not, if it would, renounce its supremacy or abdicate its sovereign powers. The executive government in Ireland was continued in the Queen, to be carried on by the Lord I>ieutenant on behalf of her Majesty, with the aid of such officers and Council as to her Majesty might from time to time seem fit. Her Majesty was also a constituent part of the Legislature, with power to delegate to the Lord Lieutenant the prerogative of assenting to or dissenting from Bills, and of summoning, proroguing, and dissolving Parliament. Under these provisions the Lord Lieutenant 70 HOME RULE AND IMPERIAL UNITY. resembled the Governor of a colony with responsible government. He was invested with a double authority— first, Imperial; secondly, Local. As an Imperial officer, he was bound to veto any Bill injuriously affecting Imperial interests or inconsistent with general Imperial policy; as a Local officer, it was his duty to act in all local matters according to the advice of his Council, whose tenure of office depended on their being in harmony with, and supported by, a majority of the Legislative Assembly. Questions relating to the constitutionality of any particular law were not left altogether to the decision of the Governor. If a Bill containing a provision infringing Imperial rights passed the Legislature, its validity might be decided in the first instance by the ordinary courts of law, but the ultimate appeal lay to the Judicial Committee of the Privy Council, and, with a view to secure absolute impartiality in the Committee, it was provided that Ireland should be repre¬ sented on that body by persons who either were or had been Irish judges. Not the least important provision of the Bill, as respects the maintenance of Imperial interests, was the continuance of Imperial taxation. The Customs and Excise duties were directed to be levied, as heretofore, in pursuance of the enactments of the Imperial Parliament, and were excepted from the control of the Irish Legislature, which had full power, with that exception, to impose such taxes in Ireland as they might think expedient. The Bill further provided that neither the Imperial taxes of Excise nor any Local taxes that might be imposed by the Irish Legislature should be paid into the Irish Exchequer. An Imperial officer, called the Receiver-General, was appointed, into whose hands the produce of every tax, both Imperial and Local, was required to be paid, and it was the duty of the Receiver-General to take care that all claims of the English Exchequer, including especially the contribution payable by Ireland for Imperial purposes, were satisfied before a farthing HOME RULE AND IMPERIAL UNITY. 71 found its way into the Irish Exchequer for Irish purposes. The Receiver-General was provided with an Imperial Court to enforce his rights of Imperial taxation, and adequate means for enforcing all Imperial powers by Imperial civil officers. The Bill did not provide for the representation of Ireland in the Imperial Parliament on all Imperial questions, including questions relating to Imperial taxation, but it is fully understood that in any Bill which might hereafter be brought forward relating to Plome Rule those defects would be remedied. An examination, then, of the Home Rule Bill, that “ child of revolution and parent of separation,” appears to lead irresistibly to two conclusions. First, that Imperial rights and Imperial powers, representation for Imperial pur¬ poses, Imperial taxation—in short, every link that binds a subordinate member of an Empire to its supreme head— have been maintained unimpaired and unchanged. Secondly, that, in granting Home Rule to discontented Ireland, that form of responsible government has been adopted which, as Mr. Merivale declares—and his declaration subsequent events have more than verified—when conferred on the discontented colonies, changed restless aspirations for separation into quiet loyalty. That such a Bill as the Plome Rule Bill should be treated as an invasion of Imperial rights is a proof of one, or per¬ haps of both, the following axioms—that Bills are never read by their accusers, and that party spirit will distort the plainest facts. The union of Great Britain and Ireland was not, so far as Imperial powers were concerned, disturbed by the Bill, and an Irishman remains a citizen of the British Empire under the Home Rule Bill, with the same obliga¬ tions and the same privileges, on the same terms as before. All the Bill did was to make his Irish citizenship distinct from his Imperial citizenship, in the same manner as the citizenship of a native of the State of New York is distinct 72 HO:\IE RULE AND IMPERIAL UNITY. from his citizenship as a member of the United States. Now it has been found that the Central power in the United States has been more than a match for the State powers, and can it be conceived for a moment that the Imperial power of Great Britain should not be a match for the Local power of Ireland—a State which has not one-seventh of the population or one-twentieth part of the income of the dominant community ? One argument remains to be noticed which the oppo¬ nents of Home Rule urge as absolutely condemnatory of the measure, whereas, if properly weighed, it is conclusive in its favour. Home Rule, they say, is a mere question of senti¬ ment. “National aspirations” are the twaddle of English enthusiasts who know nothing of Ireland. What is really wanted is the reform of the Land Law. Settle the agrarian problem, and Llome Rule may be relegated to the place supposed to be paved with good intentions. The Irish will straightway change their character, and become a law-abiding, contented, loyal peoide. Be it so. But suppose it to be proved that the establishment of an Irish Government, or, in other words. Home Rule, is an essential condition of agrarian reform—that the latter cannot be had without the former—surely Home Rule should stand none the worse in the estimation of its opponents if it not only secures a safe basis for putting an end to agrarian exasperation, but also gratifies the feeling of the Irish people as expressed by the majority of its representatives in Parliament ? Now, what is the nature of the Irish Land Question ? This we must understand before considering the remedy. In Ireland (meaning by Ireland that part of the country which is in the hands of tenants, and falls within the compass of a Land Bill) the tenure of land is wholly unlike that which is found in the greater part of England. Instead of large farms in which the landlord makes all the improvements and the tenant pays rent for the privilege of cultivating the land and HOME RULE AND IMPERIAL UNITY. 73 receives the produce, small holdings are found In which the tenant does the improvements (if any) and pays a fixed rent- charge to the owner. In England the tenant does not per¬ form the obligations or in any way aspire to the character of owner. If he thinks he can get a cheaper farm, he quits his former one, regarding his interest in the land as a mere matter of pounds, shillings, and pence. Not so the Irish tenant. He has made what he calls improvements, he claims a quasi-ownership in the land, and has the character¬ istic Celtic attachment for the patch of ground forming his holding, however squalid it may be, however inadequate for his support. In short, in Ireland there is a dual ownership —that of the proprietor, who has no interest in the soil so long as the tenant pays his rent and fulfils the conditions of his tenancy; and that of the tenant, who, subject to the payment of his rent and performance of the fixed conditions, acts, thinks, and carries himself as the owner of his holding. A system, then, of agrarian reform in Ireland resolves itself into an inquiry as to the best mode of putting an end to this dual ownership—that is to say, of making the tenant the sole proprietor of his holding, and compensating the landlord for his interest in the ownership. The problem is further narrowed by the circumstance that the tenant cannot be expected to advance any capital or pay an increased rent, so that the means of compensating the landlord must be found out of the existing rent. The plan adopted in Mr. Gladstone’s Land Bill was to commute the rent-charges, offering the landlord, as a general rule, twenty years’ purchase on the net rental of the estate (that is to say, the rent received by him after deducting all outgoings), and paying him the purchase-money in per cent, stock taken at par. The stock was to be advanced by the English Government to an Irish State department at 3| per cent, interest, and the Bill provided that the tenant, instead of rent, was to pay an annuity of ^4 per cent, on a 74 nuME RULE AND IMPERIAL UNITY. capital sura equal in amount to twenty times the gross rental. The notable feature which distinguished this plan from all other schemes was the security given for the repayment of the purchase-money: hitherto the English Government has lent the money directly to the landlord or tenant, and has become the mortgagee of the land—in other words, has become in effect the landlord of the land sold to the tenant until the repayment of the loan has been completed. To carry into effect under such a system any extensive scheme of agrarian reform (and if not extensive such a reform would be of no value in pacifying Ireland) presupposes a readiness on the part of the English Government to become virtually the landlord of a large portion of Ireland, with the attendant odium of absenteeism and alien domination.' Under a land scheme such as that of 1886, all these difficulties would be overcome. The Irish, not the English, Government would be the virtual landlord. It would be the interest of Ireland that the annuities due from the tenants shpuld be regularly paid, as, subject to the prior charge of the English Exchequer, they would form part of the Irish revenues. The cardinal difference, then, between Mr. Gladstone’s scheme and any other land scheme that has seen the light is this— that in Mr. Gladstone’s scheme the English loans would have been lent to the Irish Government on the security of the whole Irish revenues, whereas in every other scheme they have been lent by the English Government to the Irish creditors on the security of individual patches of land. The whole question, then, of the relation between Home Rule and agrarian reform may be summed up as follows :— Agrarian reform is necessary for the pacification of Ireland ; agrarian reform cannot be efficiently carried into effect with¬ out an Irish Government; an Irish Government can only be established by a Home Rule Bill: therefore a Home Rule Bill is necessary for the pacification of Ireland. It is idle to HOME RULE AND IMPERIAL UNITY. 7S say, as has been said on numerous platforms, that plans no doubt can be devised for agrarian reform without Home Rule. The Irish revenues are the only collateral security that can be obtained for loans of English money, and Irish revenues are only available for the purpose on the establish¬ ment of an Irish Government. Baronial guarantees, union guarantees, county guarantees, debenture schemes, have all been tried and found wanting, and vague assertions as to possibilities are idle unless they are based on intelligible working plans. The foregoing arguments will be equally valid if. instead of making the tenants peasant-proprietors, it were thought desirable that the Irish State should be the proprietor and the tenants be the holders of the land at perpetual rents and subject to fixed conditions. Again, it might be possible to pay the landlords by annual sums instead of capital sums. Such matters are really questions of detail. The substance is to interpose the Irish Government between the tenant and the English mortgagee, and to make the loans general charges on the whole of the Irish Government revenues as paid into the hands of an Imperial Receiver instead of placing them as special charges, each fixed on its own small estate or holding. The fact that Mr. Gladstone’s land scheme was denounced as confiscation of 100,000,000 of the English taxpayers’ property, while Lord Ashbourne’s Act is pronounced by the same party wise and prudent, shows the political blindness of party spirit in its most absurd form. Lord Ashbourne’s Act requires precisely the same expenditure to do the same work as Mr. Gladstone’s Bill requires, but in Llr. Gladstone’s scheme the whole Irish revenue was pledged as collateral security, and the Irish Government was interposed between the ultimate creditor and the Irish tenant, while under Lord Ashbourne’s Act the English Government figures without disguise as the land¬ lord of each tenant, exacting a debt which the tenant is 76 HOME RULE AND IMPERIAL UNITY. unwilling to pay as being due to what he calls an alien Government. An endeavour has been made in the preceding pages to prove that Home Rule in no respect infringes on Imperial rights or Imperial unity, for the simple reason that the Imperial power remains exactly in the same position as it was before, the Home Rule Bill dealing only with Local matters. At all events, Burke thought that the Imperial supremacy alone constituted a real union between England and Ireland. He says— “hly poor opinion is, that the closest connection between Great Britain and Ireland is essential to the well-being—I had almost said to the very being—of the three kingdoms; for that purpose I humbly conceive that the whole of the superior, and what I should call Imperial politics, ought to have its residence here, and that Ireland, locally, civilly, and commercially independent, ought politically to look up to Great Britain in all matters of peace and war. In all these points to be joined with her, and, in a word, with her to live and to die.” * How strange to Burke would have seemed the doctrine that the restoration of a limited power of self-government to Ireland, excluding commerce, and excluding all matters not only Imperial, but those in which uniformity is required, should be denounced as a disruption of the Empire ! It remains to notice one other charge made against the Gladstonian Home Rule Bill, namely, that of impairing the supremacy of the British Parliament. That allegation has been shown also to be founded on a mistake. Next, it is said that the Gladstonian scheme does not provide securities against executive and legislative oppression. The answer is complete. The executive authority being vested in the Queen, it will be the duty of the Governor not to allow executive oppression ; still more will it be his duty to veto * “ Letter on Affairs of Ireland,” i. 462. HOME RULE AND IMPERIAL UNITY. 77 any act of legislative oppression. Further, it is stated that difficulties will arise with respect to the power of the Privy Council to nullify unconstitutional Acts. But it is hard to see why a power which is exercised with success in the United States, where all the States are equal, and without dispute in our colonies, which are all dependent, should not be carried into effect with equal ease in Ireland, which is more closely bound to us and more completely under our power than the colonies are, or than the several States are under the power of the Central Government. To conclude: the cause of Irish discontent is the con¬ joint operation of the passion for nationality and the vicious system of land tenure, and the scheme of the Irish Home Buie Bill and the Land Bill removes the whole fabric on which Irish discontent is raised. The Irish, by the great majority of their representatives, have accepted the Home Rule Bill as a satisfactory settlement of the nationality question. The British Parliament can, through the medium of the Home Rule Bill and the establishment of an Irish Legislature, carry through a final settlement of agrarian dis¬ putes with less injustice to individuals than could a Parlia¬ ment sitting in Dublin, and, be it added, with scarcely any appreciable risk to the British taxpayer. Of course it may be said that an Irish Parliament will go farther—that Home Rule is a step to separation, and a reform of the Land Laws a spoliation of the landlords. To those who urge such arguments I would recommend the perusal of the speech of Burke on Conciliation with America, and espe¬ cially the following sentences, substituting “Ireland” for “ the colonies : ”— “But [the Colonies] Ireland will go further. Alas! alas! when will this speculating against fact and reason end? AVhat will quiet these panic fears which we entertain of the hostile effect of a conciliatory conduct ? Is it true that no case can exist in which it is proper for the Sovereign to 78 HOME RULE AND IMPERIAL UNITY. accede to the desires of his discontented subjects? Is there anything peculiar in this case to make it a rule for itself? Is all authority of course lost when it is not pushed to the extreme? Is it a certain maxim that the fewer causes of discontentuient are left by Government the more the subject will be inclined to resist and rebel ?” THE' IRISH GOVERNMENT DILL AND THE IRISH LAND DILL. By Lord Turing. A MERE enumeration or analysis of the contents of the Irish Government Bill, 1886, and the Land (Ireland) Bill, 1886, would convey scarcely any intelligible idea to the mind of an ordinary reader. It is, therefore, proposed in the following pages, before entering on the details of each Bill, to give a summary of the reasons which led to its introduction, and of the principles on which it is founded. To begin with the Irish Government Bill— The object of the Irish Government Bill is to confer on the Irish people the largest measure of self-government consistent with the absolute supremacy of the Crown and Imperial Parliament and the entire unity of the Empire. To carry into effect this object it was essential to create a separate though subordinate legislature; thus occasion was given to opponents to apply the name of Separatists to the supporters of the Bill—a term true in so far only as it denoted the intention to create a separate legislature, but false and calumnious when used in the sense in which it was intended to be understood—of imputing to the promoters of the Bill the intention to disunite or in any way to disintegrate the Empire. Indeed, the very object of the measure was, by relaxing a little the legal bonds of union, to drovv closer the actual ties between England So IRISH BILLS OF i8S6. and Ireland, in fact, to do as we have done in our Colonies, by decentralizing the subordinate functions of government to strengthen the central supremacy of natural affection and Imperial unity. The example of the effects of giving complete self-government to our Colonies would seem not unfavourable to trying the same experiment in Ireland. Some forty 5'ears ago, Canada, New Zealand, and the various colonies of Australia were discontented and uneasy at the control exercised by the Government of England over their local affairs. What did England do ? She gave to each of those communities the fullest power of local government consistent with the unity of the Empire. The result was that the real union was established in the same degree as the apparent tie of control over local affairs was loosened. Are there any reasons to suppose that the condition of Ireland is such as to render the example of the Colonies applicable ? Let us look a little at the past history of that country. Up to 1760 Ireland was governed practically as a conquered country. The result was- that in 1782, in order to save Imperial unity, we altogether relaxed the local tie and made Ireland legislatively independent. The Empire was thus saved, but difficulties naturally arose between two independent legislatures. The true remedy would have been to have imposed on Grattan’s Parliament the conditions imposed by the Irish Government Bill on the statutory Parliament created by that Bill; the course actually taken was that, instead of leaving the Irish with their local government, and arranging for the due supremacy of England, the Irish Legislature was destroyed under the guise of Union, and Irish representatives were transferred to an assembly in which they had little weight, and in which they found no sympathy. The result was that from the date of the Union to the present day Ireland has been constantly working for the reinstatement of its National T.egislature, and has been governed by a continuous system Ik IS I:! BILLS OF 1886. 81 of extraordinary legislature called coercion; the fact being that between 1800, the date of the Act of Union, and 1832, the date of the great Reform Act, there were only eleven years free from coercion, while in the fifty-three years since that period there have been only two years entirely free from special repressive legislation. So much, therefore, is clear, that Irish discontent at not being allowed to manage their own affairs has gradually increased instead of diminish¬ ing. The conclusion then would seem irresistible, that if coercion has failed, the only practical mode of governing Ireland satisfactorily is to give the people power to manage their local affairs. Coming, then, to the principle of the Bill, the first step is to reconcile local government with Imperial supremacy, in other words, to divide Imperial from local powers ; for if this division be accurately made, and the former class of powers be reserved to the British Crown and British Parliament, while the latter only are' intrusted to the Irish Parliament, it becomes a contradiction in terms to say that Imperial unity is dissolved by reserving to the Imperial authority all its powers, or that Home Rule is a sundering of the Imperial tie when that tie is preserved inviolable. Imperial powers, then, are the prerogatives of the Crown with respect to peace and war, and making treaties with foreign nations; in short, the power of regu¬ lating the relations of the Empire towards foreign nations. These are the jura summi imperii, the very insignia of supremacy; the attributes of sovereign authority in every form of government, be it despotism, limited monarchy, or republic; the only difference is that in a system of govern¬ ment under one supreme head, they are vested in that head alone, in a federal governrhent, as in America or Switzerland, they reside in the composite body forming the federal supreme authority. Various subsidiary powers necessarily attend the above supreme powers; for example, the power of maintaining armies and navies, of commanding the G 82 IRISH BILLS OF 1886. militia, and other incidental powers. Closely connected with the power of making peace and war is the power of regulating commerce with foreign nations. Next in im¬ portance to the reservations necessary to constitute the Empire a Unity with regard to foreign nations, are the powers required to prevent disputes and to facilitate intercourse between the various parts of the Empire. These are the coinage of money and other regulations relating to currency, to copyright or other exclusive rights to the use or profit of any works or inventions. The above subjects must be altogether excluded from the powers of the subordinate legislature; it ceases to be subordinate as soon as it is invested with these Imperial, or quasi-imperial, powers. Assuming, however, the division between Imperial and local powers to be accurately determined, how is the subordinate legislative body to be kept within its due limits? The answer is very plain,—an Imperial court must be established to decide in the last resort whether the subordi¬ nate legislature has or has not infringed Imperial rights. Such a court has been in action in the United States of America ever since their union, and no serious conflict has arisen in carrying its decisions into effect, and the Privy Council, acting as the Supreme Court in respect to Colonial appeals, has been accepted by all the self-governing colonies as a just and impartial expositor of the meaning of their several constitutions. Next in importance to the right division of Imperial and local powers is a correct understanding of the relation borne by the executive of an autonomous country to the mother country. In every part of the British Empire which enjoys home rule the legislature consists of the Queen and the two local legislative bodies. The administrative power resides in the Queen alone. The Queen has the appointment of all the officers of the government; money bills can be intro¬ duced into the legislature only with the consent of the IlilSH BILLS OF 1886. Queen. The initiative power of taxation then is vested in the Queen, the executive head, in practice represented by the Governor. But such a power of initiation is of course useless unless the legislative body is willing to support the executive, and grants it the necessary funds for carrying on the government. What, then, is the contrivance by which the governmental machine is prevented from being stopped by a ditference between the executive and legislative authorities ? It is the same in the mother country, and in every British home-rule country, with this difference only—that beyond the limits of the mother country the Queen is represented by a governor to whom are delegated such a measure of powers as is necessary for the supreme head of a local self- governing community. The contrivance is this in the mother country:—the Queen acts upon the advice of a cabinet council; in home-rule dependencies the Governor acts on the advice of a local council. If this cabinet council in the mother country, or local council in a dependency, ceases to command a majority in the popular legislative body, it resigns, and the Governor is obliged to select a council which, by commanding such a majority, can obtain the supplies necessary to carry on the government. The consequence then is, that in a home-rule community, if a serious difficulty arises between the legislative and executive authority, the head of the executive, the governor, refers the ultimate decision of the question to the general body of electors by dissolving the popular legislative body. It has been urged in the discussion on the Irish Government Bill that the powers of the executive in relation to the legislative body ought to be expressed in the Bill itself; but it is clear to anybody acquainted with the rudiments of legislation that the details of such a system (in other words, the mode in which a governor ought to act under the endless variety of circumstances which may occur in governing a dependency) never have been and never can be expressed in an Act of 84 IRISH' BILLS OF 1886. Parliament. But how little difficulty this absence of defini¬ tion has caused may be judged from the fact that neither in England nor in any of her home-rule dependencies has any vital collision arisen between the executive and legislative authorities, and that all the home-rule colonies have managed to surmount the obstacles which the opponents of Home Rule argued would be fatal to their existence. The main principles have now been stated on which the Irish Government Bill is framed, and it remains to give a summary of the provisions of the Bill, the objects and bearing of which will be readily understood from the fore¬ going observations. The first clause provides that— “ On and after the appointed day there shall be estab¬ lished in Ireland a Legislature consisting of Her Majesty the Queen and an Irish legislative body.” This is the first step in all English constitutional systems, to vest the power of legislation in the Queen and the legis¬ lative body. Such a legislature might have had conferred on it the independent powers vested in Grattan’s Parliament: but the second clause at once puts an end to any doubt as to the subordination of the Irish legislative body ; for while on the one hand it confers full powers of local self-govern¬ ment, by declaring that the Legislature may make any laws for the peace, order, and good government of Ireland, it subjects that power to numerous exceptions and restrictions. The exceptions are contained in the third clause, and the restrictions in the fourth. The exceptions are as follows :— “ The Legislature of Ireland shall not make laws relating to the following matters or any of them :— “ (i.) The status or dignity of the Crown, or the suc¬ cession to the Crown, or a Regency; “ (2.) The making of peace or war; “ (3.) The army, navy, militia, volunteers, or other military or naval forces, or the defence of the realm; “ (4.) Treaties and other relations with foreign Statds, IRISH' BILLS OF i8S6. 8? or the relations between the various parts of Her Majesty’s dominions; “ (5.) Dignities or titles of honour; “(6.) Prize or booty of war; “ (7.) Offences against the law of nations; or offences committed in violation of any treaty made, or hereafter to be made, between Her Majesty and any foreign State; or offences committed on the high seas; “ (8.) Treason, alienage, or naturalization; “(9.) Trade, navigation, or quarantine; “(10.) The postal and telegraph service, except as here¬ after in this Act mentioned with respect to the transmission of letters and telegrams in Ireland; “(ii.) Beacons, lighthouses, or sea-marks; “(12.) The coinage; the value of foreign money; legal tender; or weights and measures; or “ (13.) Copyright, patent rights, or other exclusive rights to the use or profits of any works or inventions.” Of these exceptions the first four preserve the imperial rights which have been insisted on above, and maintain the position of Ireland as an integral portion of that Empire of which Great Britain is the head. The remaining exceptions are either subsidiary to the first four, or relate, as is the case with exceptions 10 to 13, to matters on which it is desirable that uniformity should exist throughout the whole Empire. The restrictions in clause 4 are :— “ The Irish Legislature shall not make any law— “(i.) Respecting the establishment or endowment of religion, or prohibiting the free exercise thereof; or “ (2.) Imposing any disability, or conferring any privilege, on account of religious belief; or “(3.) Abrogating or derogating from the right to estab¬ lish or maintain any place of denominational education or any denominational institution or charity ; or “(4.) Prejudicially affecting the right of any child to S6 IRISH BILLS OF 1886. attend a school receiving public money witliout attending the religious instruction at that school; or “ (5.) Impairing, without either the leave of Her Majesty in Council first obtained on an address presented by the legislative body of Ireland, or the consent of the corporation interested, the rights, property, or privileges of any existing corporation incorporated by royal charter or local and general Act of Parliament; or “(6.) Imposing or relating to duties of customs and duties of excise, as defined by this Act, or either of such duties, or affecting any Act relating to such duties or either of them; or “ (7.) Affecting this Act, except in so far as it is declared to be alterable by the Irish Legislature.” These restrictions differ from the exceptions, inasmuch as they do not prevent the Legislature of Ireland from deal¬ ing with the subjects to which they refer, but merely impose on it an obligation not to handle the specified matters in a manner detrimental to the interests of certain classes of Her Majesty’s subjects. For example, restrictions i to 4 are practically concerned in securing religious freedom; restric¬ tion 5 protects existing charters ; restriction 6 is necessary, as will be seen hereinafter, to carrying into effect the financial scheme of the bill; restriction 7 is a consequence of the very framework of the Bill: it provides for the stability of the Irish constitution, by declaring that the Irish Legislature is not competent to alter the constitutional act to which it owes its existence, except on those points on which it is expressly permitted to make alterations. 4 Clause 5 is an exposition, so to speak, of the consequence which would seem to flow from the fact of the Queen being a constitutional part of the Legislature. It states that the royal prerogatives with respect to the summoning, proroga¬ tion, and dissolution of the Irish legislative body are to be the same as the royal prerogatives in relation to the Imperial IRISH BILLS OF 1886. 87 Parliament. The next clause (6) is comparatively immaterial; it merely provides that the duration of the Irish legislative body is to be quinquennial. As it deals with a matter of detail, it perhaps would have more aptly found a place in a subsequent part of the Bill. Clause 7 passes from the legislative to the executive authority; it declares :— (i.) The executive government of Ireland shall continue vested in Her Majesty, and shall be carried on by tlie Lord Lieutenant on behalf of Her Majesty with the aid of such officers and such council as to Her Majesty may from time to time seem fit. (2.) Subject to any instructions which may from time to time be given by Her Majesty, the Lord Lieutenant shall give or witlihold the assent of Her Majesty to bills passed by the Irish legislative body, and shall exercise the preroga¬ tives of Her Majesty in respect of the summoning, prorogu¬ ing, and dissolving of the Irish legislative body, and any prerogatives the exercise of which may be delegated to him by Her Majesty. Bearing in mind what has been said in the preliminary observations in respect of the relation between the executive and the legislative authority, it will be at once understood how much this clause implies, according to constitutional maxims, of the dependence on the one hand of the Irish executive in respect of imperial matters, and of its independ¬ ence in respect of local matters. The clause is practically co-ordinate and correlative with the clause conferring com¬ plete local powers on the Irish Legislature, while it preserves all imperial powers to the Imperial Legislature. The governor is an imperial officer, and will be bound to watch over imperial interests with a jealous scrutiny, and to veto any bill which may be injurious to those interests. On the other hand, as respects all local matters, he will act on and be guided by the advice of the Irish executive council. The system is, as has been shown above, self-acting. The ss IRISH BILLS OF 1886. governor, for local purposes, must have a council which is in harmony with the legislative body. If a council, sup¬ ported by the legislative body and the governor do not agree, the governor must give way unless he can, by dis¬ missing his council and dissolving the legislative body, obtain both a council and a legislative body which will support his views. As respects imperial questions, the case is different; here the last word rests with the mother country, and in the last resort a determination of the executive council, backed by the legislative body, to resist imperial rights, must be deemed an act of rebellion on the part of the Irish people, and be dealt with accordingly. The above clauses contain the pith and marrow of the whole scheme. The exact constitution of the legislative body, and the orders into which it should be divided, the exclusion or non-exclusion of the Irish members from the Imperial Parliament, indeed, the whole of the provisions found in the remainder of this Bill, are matters which might be altered without destroying, or even violently disarranging, the Home-rule scheme as above described. Clauses 9, 10, and ii provide for the constitution of the legislative body; it differs materially from the colonial legis¬ lative bodies, and from the Legislature of the United States. For the purpose of deliberation it consists of one House only; for the purpose of voting on all questions (except interlocutory applications and questions of order), it is divided into two classes, called in the Bill “ Orders,” each of which votes separately, with the result that a question on which the two orders disagree is deemed to be decided ir_ the negative. The object of this arrangement is to diminish the chances of collision between the two branches of the Legislature, which have given rise to so much difficulty both in England and the colonies. Each order will have ample opportunity of learning the strength and hearing the argu¬ ments of the other order. They will therefore, each of IRISH BILLS OF 1886. 89 them, proceed to a division with a full sense of the responsi¬ bility attaching to their action. A further safeguard is pro¬ vided against a final conflict between the first and second orders. If the first order negative a proposition, that negative is in force only for a period of three years, unless a dissolu¬ tion takes place sooner, in which case it is terminated at once; the lost bill or clause may then be submitted to the whole House, and if decided in the affirmative, and assented to by the Queen, becomes law. The first order of the Irish legislative body comprises 103 members. It is intended to consist ultimately wholly of elective members; but for the next immediate period of thirty years the rights of the Irish representative peers are, as will be seen, scrupulously reserved. The plan is this : of the 103 members composing the first order, seventy-five are elective, and twenty-eight peerage members. The qualification of the elective members is an annual income of ^200, or the possession of a capital sum of ;^4ooo free from all charges. The elections are to be conducted in the electoral districts set out in the schedule to the Bill. The electors must possess land or tenements within the district of the annual value of ^^25. The twenty-eight peerage members consist of the existing twenty-eight representative peers, and any vacancies in their body during the next thirty years are to be filled up in the manner at present in use respecting the election of Irish representative peers. The Irish representative peers cease to sit in the English Parliament; but a member of that body is not required to sit in the Irish Parliament with¬ out his assent, and the place of any existing peer refusing to sit in the Irish Parliament will be filled up as in the case of an ordinary vacancy. The elective members of the first order sit for ten years; every five years one half their num¬ ber will retire. The members of the first order do not vacate their seats on a dissolution of the legislative body. At the expiration of thirty years, that is to say, upon the e.xhaustiori 90 IRISH' BILLS OF 1886. of all the existing Irish representative peers, the whole of the upper order will consist of elective members. The second order consists of 204 members, that is to say, of the 103 existing Irish members (who are transferred to the Irish Parliament), and of loi additional members to be elected by the county districts and the represented towns, in the same manner as that in which the present 101 members for counties and towns are elected—each constituency returning two instead of one member. If an existing member does not assent to his transfer, his seat is vacated. A power is given to the Legislature of Ireland to enable the Royal University of Ireland to return two members. The provisions with respect to this second order fall within the class of enactments which are alterable by the Irish Legislature. After the first dissolution of parliament the Irish Legislature may deal with the second order in any manner they think fit, with the important restrictions :—(i) That in the distribution of members they must have due regard to population; (2) that they must not increase or diminish the number of members. The transfer to the Irish legislative body of the Irish representative peers, and of the Irish members, involves their exclusion under ordinary circumstances from the Im¬ perial Parliament, with this great exception, that whenever an alteration is proposed to be made in the fundamental provisions of the Irish Government Bill, a mode of pro¬ cedure is devised for recalling both orders of the Irish legislative body to the Imperial Parliament for the purpose of obtaining their consent to such alteration (clause 39). Further, it is right to state here that Mr. Gladstone in his speech on the second reading of the Bill proposed to provide, “ that when any proposal for taxation was made affecting the condition of Ireland, Irish members should have an opportunity of appearing in the House to take a share in the transaction of that business,” IRISH BILLS OF 1886. 91 Questions arising as to whether the Irish Parliament has or not exceeded its constitutional powers may be determined by the ordinary courts of law in the first instance; the ultimate appeal lies to the Judicial Committee of the Privy Council. An additional safeguard is provided by declaring that before a provision in a Bill becomes law, the Lord Lieutenant may take the opinion of the Judicial Committee of the Privy Council as to its legality, and further, that without subjecting private litigants to the expense of trying the constitutionality of an Act, the Lord Lieutenant may, of his own motion, move the judicial committee to determine the question. With a view to secure absolute impartiality in the committee, Ireland will be represented on that body by persons who are or have been Irish judges (clause 25). The question of finance forms a separate portion of the Bill, the provisions of which are contained in clauses twelve to twenty, while the machinery for carrying those enact¬ ments into effect will be found in Part III. of the Land Bill. The first point to be determined was the amount to be contributed by Ireland to imperial expenses. Under the Act of Union it was intended that Ireland should pay-^yths, or in the proportion of i to 7-^ of the total expenditure of the United Kingdom. This amount being found exorbitant, it was gradually reduced, until at the present moment it amounts to something under the proportion of i to ii^. The bill fixes the proportion at iLth, or i to 14, this sum being arrived at by a comparison between the amount of the income-tax, death-duties, and valuation of property in Great Britain, and the amount of the same particulars in Ireland. The amount to be contributed by Ireland to the imperial expenditure being thus ascertained, the more diffi¬ cult part of the problem remained to provide the fund out of which the contribution should be payable, and the mode in which its payment should be secured. The plan which commended itself to the framers of the Bill, as combining 92 IRISH BILLS OF 1886. the advantage of insuring the fiscal unity of Great Britain and Ireland, with absolute security to the British exchequer, was to continue the customs and excise duties under im¬ perial control, and to pay them into the hands of an imperial officer. This plan is carried into effect by the conjoint operation of the clauses of the Irish Government Bill and the Irish Land Bill above referred to. The customs and e.xcise duties are directed to be levied as heretofore in pursuance of the enactments of the Imperial Parliament, and are excepted from the control of the Irish Legislature, which may, with that exception, impose any taxes in Ireland it may think expedient. The imperial officer who is ap¬ pointed under the Land Bill bears the title of Receiver- General, and into his hands not only the imperial taxes (the customs and excise duties), but also all local taxes imposed by the Irish Parliament are in the first instance paid. (See Clauses 25—27 of the Land Bill.) The Receiver-General having thus in his hands all imperial and local funds levied in Ireland, his duty is to satisfy all imperial claims before paying over any moneys to the Irish Exchequer. Further, an Imperial Court of Exchequer is established in Ireland to watch over the interests of the Receiver-General, and all revenue cases are to be tried, and all defaults punished in that court. Any neglect of the local authorities to carry into effect the decrees of the Imperial Court will amount to treason, and it will be the duty of the Imperial Government to deal with it accordingly. Supposing the Bill to have passed, the account of the Exchequer in Ireland would have stood thus :— iJilSII BILLS OF 1886. 93 Receipts. I. Imperial Taxes : (1) Customs.;^i,880,000 (2) Excise . 4,300,000 2. Local Taxes: (1) Stamps . ^600,000 (2) Income-Tax at 6L. in 550,000 3. Non-Tax Revenue: (Post Office, Telegraph, etc.) ;^6,180,000 ;^i,150,000 ;,^I,020,000 ^8,350,000 Expenditure. I. Contribution to Imperial Ex¬ chequer on basis of ^^tli of Imperial Expenditure, viz. : (1) Debt Charge . ;^i,466,ooo (2) Army and Navy . 1,666,000 (3) Civil Charges . 110,000 -242,000 2. on jDth of Capital of Debt... 360,000 3. Charge for Cofistabulary * . 1,000,000 4. Local Civil Charges other than Con¬ stabulary... 2,510,000 5. Collection of Revenue : (1) Imperial Taxes .70,000 (2) Local Taxes . 60,000 (3) Non-Tax Revenue . 604,000 - 834,000 6. Balance or Surplus . 404,000 ;^8,35o,ooo * Any charge in excels of one million was to be borne by Imperial Exchequer. 94 BILLS OF 1886. The Imperial contribution payable by Ireland to Great Britain cannot be increased for thirty years, though it may be diminished if the charges for the army and navy and Imperial civil expenditure for any year be less than fifteen times the contribution paid by Ireland, in which case ^ih of the diminution will be deducted from the annual Imperial contribution. Apart from the Imperial charges there are other charges strictly Irish, for the security of the payment of which the Bill provides. This it does by imposing an obligation on the Irish legislative body to enact sufficient taxes to meet such charges, and by directing them to be paid by the Imperial Receiver-General, who is required to keep an imperial and an Irish account, carrying the customs and excise duties, in the first instance, to the imperial account, and the local taxes to the Irish account, transfer¬ ring to the Irish account the surplus remaining after paying the imperial charges on the imperial account. On this Irish account are charged debts due from the Government of Ireland, pensions, and other sums due to the civil servants, and the salaries of the judges of the supreme courts in Ireland. Some provisions of importance remain to be noticed. Judges of the superior and county courts in Ireland are to be removable from office only on address to the Crown, presented by both orders of the Legislative body voting separately. Existing Civil servants are retained in their offices at their existing salaries; if the Irish Government desire their retirement, they will be entitled to pensions ; on the other hand, if at the end of two years the officers them¬ selves wish to retire, they can do so, and will, be entitled to the same pensions as if their office had been abolished. The pensions are payable by the Receiver-General out of the Irish account above mentioned. The supremacy of the Imperial Parliament over all parts of the Empire is an inherent quality of which Parliament Irish bills of 1886 . 95 cannot divest itself, inasmuch as it cannot bind its successors or prevent them from repealing any prior Act. In order, however, to prevent any misapprehension on this point clause 37 was inserted, the efficacy of which, owing in great measure to a misprint, has been doubted. It is enough to state here that it was intended by express legislation to reserve all powers to the Imperial Parliament, and had the Bill gone into Committee the question would have been placed beyond the reach of cavil by a slight alteration in the wording of the clause. This summary may be concluded by the state¬ ment that the appellate jurisdiction of the House of Lords over actions and suits arising in Ireland (except in respect of constitutional questions reserved for the determination of the Judicial Committee of the Pri\y Council as explained above), and with respect to claims for Irish Peerages, is preserved intact. P'he object of the Land Bill was a political one: to promote the contentment of the people, and the cause of good government in Ireland, by settling once and for ever the vexed question relating to land. To do this effectually it was necessary to devise a system under which the tenants, as a class, should become interested in the maintenance of social order, and be furnished with sub¬ stantial inducements to rally round the institutions of their country. On the other hand, it was just and right that the landlords should participate in the benefits of any measure proposed for remedying the evils attendant upon the tenure of land in Ireland; and should be enabled to rid themselves, on fair terms, of their estates in cases where, from apprehension of impending changes, or for pecuniary reasons, they were desirous of relieving themselves from the responsibilities of ownership. Further, it was felt by the framers of the Bill that a moral obligation rested on the Imperial Government to remove, if possible, “ the fearful exasperations attending the agrarian relations in Ireland," 90 Irish bills of i8S6. rather than leave a question so fraught with danger, and so involved in difficulty, to be determined by the Irish Govern¬ ment on its first entry on official existence. Such were the governing motives for bringing in the Land Bill. To understand an Irish Land Bill it is necessary to dismiss at once all ideas of the ordinary relations between landlord and tenant in England, and to grasp a true con¬ ception of the condition of an Irish tenanted estate. In England the relation between the landlord and tenant of a farm resembles, with a difference in the subject-matter, the relation between the landlord and tenant of a furnished house. In the case of the house, the landlord keeps it in a state fit for habitation, and the tenant pays rent for the privilege of living in another man’s house. In the case of the farm, the landlord provides the farm with house, farm- buildings, gates, and other permanent improvements required to fit it for cultivation by the tenant, and the tenant pays rent for the privilege of cultivating the farm, receiving the proceeds of that cultivation. The characters of owner and tenant, however long the connection between them may subsist, are quite distinct. The tenant does no acts of ownership, and never regards the land as belonging to himself, quitting it without hesitation if he can make more money by taking another farm. In Ireland the whole situation is different: instead of a farm of some one hundred or two hundred acres, the tenant has a holding varying, say, from five to fifty acres, for which he pays an annual rent- charge to the landlord. He, or his ancestors have, in the opinion of the tenant, acquired a quasi-orvnership in the land by making all the improvements, and he is only removable on non-payment of the fixed rent, or non- fulfilment of certain specified conditions. In short, in Ireland the ownership is dual: the landlord is merely the lord of a quasi-copyhold manor, consisting of numerous small tenements held by quasi-copyholders who, so long as IRISH BILLS OF 1886 . 97 they pay what may be called the manorial rents, and fultil the manorial conditions, regard themselves as independent owners of their holdings. An Irish Land Bill, then, dealing with tenanted estates, is, in fact, merely a Bill for con¬ verting the small holders of tenements held at a fixed rent into fee-simple owners by redemption of the rent due to the landlord and a transfer of the land to the holders. Every scheme, therefore, for settling the Land question in Ireland resolves itself into an inquiry as to the best mode of paying off the rent-charges due to the landlord. The tenant cannot, of course, raise the capital sufficient for paying off the redemption money; some State authority must, there¬ fore, intervene and advance the whole or the greater part of that money, and recoup itself for the advance by the creation in its own favour of an annual charge on the holding sufficient to repay in a certain number of years both the principal and interest due in respect of the advance. The first problem, then, in an Irish Land Bill, is to settle the conditions of this annuity in such a manner as to satisfy the landlord and tenant; the first, as to the price of his estate; the second, as to the amount of the annuity to be paid by him, at the same time to provide the State authority with adequate security for the repayment of the advance, or, in other words, for the punctual payments of the annuity which is to discharge the advance. Next in importance to the financial question of the adjustment of the annuity comes the administrative difficulty of investigating the title, and thus securing to the tenant the possession of the fee simple, and to the State authority the position of a mort¬ gagee. Under ordinary circumstances tire investigation of the title to an estate involves the examination of every document relating thereto for a period of forty years, and the distribution of the purchase-money amongst the head renters, mortgagees, and other encumbrancers, who, in addition to the landlord, are found to be interested in the H 98 IRISH BILLS OF i8S6 ownership of almost every Irish estate. Such a process is costly, even in the case of large estates, and involves an expense almost, and, indeed, speaking generally, absolutely prohibitory in the case of small properties. Some mode, then, must be devised for reducing this expense within manageable limits, or any scheme for dealing with Irish land, however well devised from a financial point of view, will sink under the burden imposed by the expense attend¬ ing the transfer of the land to the new proprietors. Having thus stated the two principal difficulties attending the Land question in Ireland, it may be well before entering on the details of the Sale and Purchase of Land (Ireland) Bill, to mention the efforts which have been made during the last fifteen years to surmount those difficulties. The Acts having this object in view are the Land Acts of 1870, 1872, and 1881, brought in by Mr. Gladstone, and the Land Purchase Act of 1885, brought in by the Conservative Lord Chancellor of Ireland (Lord Ashbourne). The Act of 1870, as amended by the Act of 1872, provided that the State authority might advance two-thirds of the purchase-money. An attempt was made to get over the difficulties of tide by providing that the Landed Estates Court or Board of Works shall undertake the investigation of the title and the transfer and distribution of the purchase-money at a fixed price. The Act of 1881 increased the advance to three-quarters, leaving the same machinery to deal with the title. Both under the Acts of 1870 and 1881 the advance was secured by an annuity of 5 per cent., payable for the period of thirty-five years, and based on the loan of the money by the English Exchequer at 3)/^ per cent, interest. These Acts produced very little effect. The expense of dealing with the titles in the Landed Estates Court proved overwhelming, and neither the Board of Works, under the Act of 1872, nor the Land Commission, under the Act of 1881, found themselves equal to the task of completing inexpensively the transfer of the land j miSH BILLS OF 1886. 99 further, the tenants had no means of providing even the quarter of the purchase-money required by the Act of 1881. In 1885 Lord Ashbourne determined to remove all obstacles at the expense of the English Exchequer. By the Land Act of that year he authorized the whole of the purchase- money to be advanced by the State, with a guarantee by the landlord, to be carried into effect by his allowing one-fifth of the purchase-money to remain in the hands of the agents of the State Authority until one-fifth of the purchase-money had been repaid by the annual payments of the tenants. The principal was to be recouped by an annuity of 4 per cent., extending over a period of forty-nine years, instead of an annuity of 5 per cent, extending over a period of thirty-five years. The English Exchequer was to advance the money on the basis of interest at 3^ per cent., instead of at 3^ per cent. Though sufficient time has not yet elapsed to show whether the great bribe offered by the Act of 1885, at the expense of the British taxpayer, will succeed in overcoming the apathy of the tenants, it cannot escape notice that if the Act of 1885 succeeds better than the previous Acts, it will owe that success solely to the greater amount of risk which it imposes on the English Exchequer, and not to any improvement in the scheme in respect of securing greater certainty of sale to the Irish landlord, or of diminishing the danger of loss to the English taxpayer. Such being the state of legislation, and such the cir¬ cumstances of the land question in Ireland in the year 1886, the Irish Government Bill afforded Mr. Gladstone the means and the opportunity of bringing in a Land ' Bill which would secure to the Irish landlord the certainty of selling his land at a fair price, without imposing any practical liability on the English Exchequer, and would, at the same time, diminish the annual sums payable by the tenant; while it also conferred a benefit on the Irish 100 BILLS OF iSS6. Exchequer. These advantages were, as will be seen, gained, firstly, by the pledge of English credit on good security, instead of advancing money on a mere mortgage on Irish holdings, made directly to the English Government; and, secondly, by the interposition of the Irish Government, as the immediate creditor of the Irish tenant. The scheme of the Land Purchase Bill is as follows :—The landlord of an agricultural estate occupied by tenants may apply to a department of the new Irish Government to purchase his estate. The tenants need not be consulted, as the purchase, if completed, will necessarily better their condition, and thus at the very outset the difficulty of procuring the assent of the tenants, which has hitherto proved so formidable an obstacle to all Irish land schemes, disappears. The landlord may require the department to which he applies (called in the Bill the State Authority) to pay him the statutory price of his estate, not in cash, but in consols valued at par. This price, except in certain unusual cases of great good¬ ness or of great badness of the land, is twenty years’ purchase of the nei rental. The rental is tlie gross rental after deducting from that rent tithe rent-charge, the average percentage for expenses in respect of bad debts, any rates paid by the landlord, and any like outgoings. The gross rental of an estate is the gross rent of all the holdings on the estate, payable in the year ending in November, 1885. AVhere a judicial rent has been fixed, it is the judicial rent; where no judicial rent has been fixed, it is the rent to be determined in the manner provided by the Bill. To state this shortly, the Bill provides that an Irish landlord may require the State Authority to pay him for his estate, in consols valued at par, a capital sum equal to twenty times the amount of the annual sum which he has actually put into his pocket out of the proceeds of the estate. The determination of the statutory price is, so far as the landlord is concerned, the cardinal point of the Bill, IRISH BILLS OF 1886. 101 and in order that no injustice may be done the landlord, an Imperial Commission—called the Land Commission— is appointed by the Bill, whose duty it is to fix the statutory price, and, where there is no judicial rent, to determine the amount of rent which, in the character of gross rental, is to form the basis of the statutory price. The Commission also pay the purchase-money to the landlord, or distribute it amongst the parties entitled, and generally the Commission act as intermediaries between the landlord and the Irish State Authority, which has no power of varying the terms to which the landlord is entitled under the Bill, or of judging of the conditions which affect the statutory price. If the landlord thinks the price fixed by the Land Com¬ mission, as the statutory price inequitable, he may reject their offer and keep his estate. Supposing, however, the landlord to be satisfied with the statutory price offered by the Land Commission, the sale is concluded, and the Land Commission make an order carrying the required sum of consols (which is for convenience hereinafter called the purchase - money, although it consists of stock and not of cash) to the account of the estate in their books after deducting i per cent, for the cost of investigation of title and distribution of the purchase-money, and upon the purchase-money being thus credited to the estate, the landlord ceases to have any interest in the estate, and the tenants, by virtue of the order of the Land Commission, become owners in fee simple of their holdings, subject to the payment to the Irish State Authority of an annuity. The amount of the annuity is stated in the Bill. It is a sum equal to per cent, on a capital sum equal to twenty times the amount of the gross rental of the holding. The illustration given by Mr. Gladstone in his speech will at once explain these ap¬ parently intricate matters of finance. A landlord is entitled to the Hendon estate, producing ;£i2oo a year gross 102 BILLS OF 1886. rental ; to iind the net rental, the Land Commission deduct from this gross rental outgoings estimated at about 20 per cent, or ^£240 a year. This makes the net rental ;£g6o a year, and the price payable to the landlord is ;^i9,2oo (twenty years’ purchase of ^^960, or ;^96o multiplied by 20), which, as above stated, will be paid in consols. The tenants will pay, as the maximum amount for their holdings, ;,£’4 per cent for forty-nine years on the capitalized value of twenty years’ purchase of the gross rent This will amount to ^g6o instead of ;^i,2oo, which they have hitherto paid; a saving of ^£240 a year will thus be effected, from which, however, must be deducted the half rates to which they will become liable, formerly paid by the landlord. This ^4 per cent charge payable by the tenants will continue for forty- nine years, but at the end of that time each tenant will become a free owner of his estate without any annual pay¬ ment Next, as to the position of the State Authority. The State Authority receives ,-^960 from the tenants; it pays out of that sum ^4 per cent., not upon the gross rental, but upon the net rental capitalized, that is to sa)’, ^^768 to the Imperial Exchequer. The State Authority, therefore, receives ^^960, and assuming that the charge of collecting the rental is 2 per cent, that is to say, ;^i9 4s., the State Authority will, out of ;^96o, have to disburse only ^^787 4s., leaving it a gainer of £i']2 16s., or nearly 18 per cent The result then betAveen the several parties is, the landlord receives ;^i9,2oo; the tenantry pay ;^24o a year less than they have hitherto paid, and at the end of forty-nine } 'ars are exempt altogether from payment; the gain of Irish State Authority is ^172 i6r. a year. Another mode of putting the case shortly is as follows : The English Exchequer lends the money to the Irish State Authority at 3^ per cent, and an annuity of 4 per cent, paid during forty-nine years will, as has been stated above, repay both principal and interest for every p^ioo lent at 3^ per cent. IRISH BILLS OF 1886. 103 On the sale of an estate under the Bill, the landlord receives twenty years’ purchase; the tenant pays ^£4 per cent, on twenty years’ purchase of the gross rental; the Irish State Authority receives ^^4 per cent, on the gross rental; the English Exchequer receives 4 per cent, on the net rental only. The repayment of the interest due by the Irish Authority to the English Exchequer is in no wise depen¬ dent on the punctual payment of their annuities by the Irisli tenants, nor does the English Government in any way figure as the landlord or creditor of the Irish tenants. The annuities payable by the tenants are due to the Irish Government, and collected by them, while the interest due to the English Government is a charge on the whole of the Irish Government funds; and further, these funds them¬ selves are paid into the hands of tire Imperial officer, whose duty it is to liquidate the debt due to his master, the Imperial Exchequer, before a sixpence can be touched by the Irish Government. It is not, then, any exaggeration to say that the Land Purchase Bill of 1886 provides for the settlement of the Irish Land question without any apprecia- able risk to the English Exchequer, and with the advantage of securing a fair price for tlie landlord, a diminution of annual payments to the tenant with the ultimate acquisition of the fee simple, also a gain of no inconsiderable sum to the Irish Exchequer. In order to obviate the difficulties attending the investigation of title and transfer of the pro¬ perty, the Bill provides, as stated above, that on the com¬ pletion of the agreement for the sale between the landlord and the Commission, the holding shall vest at once in the tenants : it then proceeds to declare that the claims of all persons interested in the land shall attach to the purchase- money in the same manner as though it were land. The duty of ascertaining these claims and distributing the purchase-money is vested in the Land Commission, who undertake the task in exchange for the r per cent, which 104 IRISH BILLS OF iSS6. they have, as above stated, deducted from the purchase- money as the cost of conducting the complete transfer of the estate from the landlord to the tenants. The difficulty of the process of dealing with the purchase-money depends, of course, on the intricacy of the title. If the vendor is the sole unencumbered owner, he is put in immediate posses¬ sion of the stock constituting the price of the estate. If there are encumbrances, as is usually the case, they are paid off by the Land Commission. Capital sums are paid in full; jointures and other life charges are valued according to the usual tables. Drainage and other temporary charges are estimated at their present value, permanent rent-charges are valued by agreement, or in case of disagreement, by the Land Commission; a certain minimum number of years’ purchase being assigned by the Bill to any permanent rent- charge which amounts only to one-fifth part of the rental of the estate on which it is charged, this provision being made to prevent injustice being done to the holders of rent-charges which are amply secured. It remains to notice certain other points of some im¬ portance. The landlord entitled to require the State to purchase his property is the immediate landlord, that is to say, the person entitled to the receipt of the rent of the estate ; no encumbrancer can avail himself of the privilege, the reason being that the Bill is intended to assist solvent landlords, and not to create a new Encumbered Estates Court. The landlord may sell this privilege, and possibly by means of this power of sale may be able to put pressure on his encumbrancers to reduce their claims in order to obtain immediate payment. The Land Commission, in their character of quasi-arbitrators between the landlord and the Irish State Authority, have ample powers given to enable them to do justice. If the statutory price, as settled accord¬ ing to the Act, is too low, they may raise it to twenty-two years’ purchase instead of twenty years’ purchase. If it is IRISH BILLS OF iS86. los too high, they may refuse to buy unless the landlord will reduce it to a proper price. In the congested districts scheduled in the Bill the land, on a sale, passes to the Irish State Authority, as landlords, and not to the tenants; the reason being that it is considered that the tenants would be worsened, rather than bettered, by having their small plots vested in them in fee simple. For the same cause it is pro¬ vided that in any part of Ireland tenants of holdings under a year may object to become the owners of their holdings, which will thereupon vest, on a sale, in the Irish State Authority. Lastly, the opportunity is taken of establishing a registry of title in respect of all property dealt with under the Bill. The result of such a registry would be that any property entered therein would ever thereafter be capable of being transferred with the same facility, and at as little expense, as stock in the public funds. THE " UNIONIST' POSITION. By Canon MacColl. Is it not time that the opponents of Home Rule for Ireland should define their position? They defeated Mr. Glad¬ stone’s scheme last year in Parliament and in the con¬ stituencies ; and they defeated it by the promise of a counter policy -whicli was to consist, in brief, of placing Ireland on the same footing as Great Britain in respect to Local Government; or, if there was to be any difference, it was to be in the direction of a larger and more generous measure for Ireland than for the rest of the United King¬ dom. This certainly was the policy propounded by the distinguished leader of the Liberal Unionists in his speech at Belfast, in November, 1885, and repeated in his electoral speeches last year. In the Belfast speech Lord Hartington said: “ My opinion is that it is desirable for Irishmen that institutions of local self-government such as are possessed by England and Scotland, and such as we hope to give in the next session in greater extent to England and Scotland, should also be extended to Ireland.” But this extension of local self-government to Ireland would require, in Lord Hartington’s opinion, a fundamental change in the fabric of Irish Government. “I would not shrink,” he says, “from a great and bold reconstruction of the Irish Government,” a reconstruction leading up gradually to some real and Tim ^'UNIONIST" rOSITlON. 107 substantial form of Home Rule. His Lordship’s words are: “ I submit with some confidence to you these prin¬ ciples, which I have endeavoured to lay down, and upon Avhich, I think, the extension of Local Government in Ireland must proceed. First, you must have some adequate guarantees both for the maintenance of the essential unity of the Empire and for the protection of the minority in Ireland. And, secondly, you must also admit this prin¬ ciple : the work of complete self-government of Ireland, the grant of full control over the management of its own affairs, is not a grant that can be made by any Parliament of this country in a day. It must be the work of continuous and careful effort.” Elsewhere in the same speech Lord Hart- ington says : “ Certainly I am of opinion that nothing can be done in the direction of giving Ireland anything like complete control over her own affairs either in a day, or a session, or probably in a Parliament.” “ Comjrlete control over her own affairs,” “ the work of complete self-govern¬ ment of Ireland, the grant of full control over the manage¬ ment of its own affairs : ” this is the policy which Lord Hartington proclaimed in Ulster, the promise which he, the proximate Liberal leader, held out to Ireland on the eve of the General Election of 1885. It was a policy to be begun “in the next session,” though not likely to be completed “ in a day, or a session, or probably in a Parliament.” Next to Mr. Gladstone and Lord Hartington the most important member of the Liberal party ac that time was undoubtedly Mr. Chamberlain, and Mr. Chamberlain’s Irish policy was proclaimed in the Radical Prograinmc, which was published before the General Election as the Radical leader’s manifesto to the constituencies. This scheme, which Mr. Cliamberlain had submitted as a responsible minister to the Cabinet of Mr. Gladstone in June, 1885, culminated in a National Council which was to control a series of local bodies and govern the whole of io8 THE UNIONIST" POSITION Ireland. “ His National Council was to consist of two orders ; one-third of its members were to be elected by the owners of property, and two-thirds by ratepayers. The National Council also was to be a single one, and Ulster was not to have a separate Council. As the Council was to be charged with the supervision and legislation about education, which is the burning question between Catholics and Protestants, it is clear that Mr. Chamberlain at that time contemplated no special protection for Ulster.” * More¬ over, in a letter dated April 23rd, 1886, and published in the Daily News of May 17th, 1886, Mr. Chamberlain declared that he “ had not changed his opinion in the least ” since his first public declaration on Irish policy in 1874. “ I then said that I was in favour of the principles of Home Rule, as defined by Mr. Butt, but that I would do nothing which would weaken in any way Imperial unity, and that I did not agree with all the details of his plan. . . . Mr. Butt’s proposals were in the nature of a federal scheme, and differ entirely from Mr. Gladstone’s, which are on the lines of Colonial independence. Mr. Butt did not propose to give up Irish representation at Westminster.” It is true that Mr. Butt did not propose to give up Irish representation at Westminster; but it is also true that he proposed to give it up in the sense in which Mr. Chamberlain wishes to retain it. Mr. Butt’s words, in the debate to which Mr. Chamberlain refers, are, “ that the House should meet with¬ out Irish members for the discussion of English and Scotch business ; and when there was any question affecting the Empire at large, Irish members might be summoned to attend. He saw no difficulty in the matter.” f There is no need to quote Mr. Gladstone’s declarations * Speech at Manchester, May 7, 1886, by Mr. Shaw-Lefevre, who was a member of the Cabinet to which Mr. Chamberlain’s scheme was submitted. t Hansard, vol. 220, pp. 708, 715. THE “ UNIONIST” POSITION 109 on the Irish question at the General Election of 1885, and previously. He has been accused of springing a surprise on the country when he proposed Home Rule in the beginning of 1886. That is not, at all events, the opinion of Lord Hartington. In a speech delivered at the Eighty Club in March, 1886, his Lordship, with his usual manly candour, declared as follows : “ I am not going to say one word of complaint or charge against Mr. Gladstone for the attitude which he has taken on this question. I think no one who has read or heard, during a long series of years, the declarations of Mr. Gladstone on the question of self- government for Ireland, can be surprised at the tone of his present declarations. . . . When I look back to those declarations that Mr. Gladstone made in Parliament, wliich have not been unfrequent; when I look back to tire increased definiteness given to those declarations in his address to the electors of Midlothian, and in his Mid¬ lothian speeches; I say, when I consider all these things, I feel that I have not, and that no one has, any right to com plain of the tone of the declarations which Mr. Gladstone has recently made upon this subject.” So much as to the state of Liberal opinion on the Irish question at the General Election of 1885. The leaders of all sections of the party put the Irish question in the fore¬ ground of their programme for the session of 1886. We all remember Sir Charles Dilke’s public announcement that he and Mr. Chamberlain were going to visit Ireland in the autumn of 1885, to study the Irish question on the spot, with a view to maturing a plan for the first session of the new Parliament What about the Conservative party ? Lord Salisbury’s Newport speech was avowedly the programme of his Cabinet It was the Conservative answer to Mr. Gladstone’s Mid¬ lothian manifesto. He dealt with the Irish question in guarded language; but it was language which plainly showed no THE “ UNIONIST' FOSITION. that he recognized, not less clearly than the Liberal leaders, the crucial change which the assimilation of the Irish franchise to that of Great Britain had wrought in Irish policy. His keen eye saw at once the important bearing which that enfranchisement had on the traditional policy of coercion: “You had passed an Act of Parliament, giving in une.xampled abundance, and with unexampled freedom, supreme power to the great mass of the Irish people— supreme power as regards their own locality. ... To my mind the renewal of exceptional legislation against a popu¬ lation whom you had treated legislatively to this marked confidence was so gross in its inconsistency that you could not possibly hope, during the few remaining montlis that were at your disposal before the present Parliament expired, to renew any legislation which expressed on one side a distrust of what on the other side your former legislation had so strongly emphasized. The only result of your doing it would have been, not that you would have passed the Act, but that you would have promoted by the very inconsistency of the position that you were occupying—by the untenable character of the arguments that you were advancing—you would have produced so intense an ex¬ asperation amongst the Irish people, that you would have caused ten times more evil, ten times more re¬ sistance to law than your Crimes Act, even if it had been renewed, would possibly have been able to check.” Lord Salisbury went on to say that “ the effect of the Crimes Act had been very much exaggerated,” and that “ boycotting is of that character which legislation has very great difficulty in reaching.” “ Boycotting does not operate through outrage. Boycotting is the act of a large majority of a community resolving to do a number of things which are themselves legal, and which are only illegal by the in¬ tention with which they are done.” Next to Lord Salisbury the most prominent member of THE “ UNIONIST" POSITION. Ill the Conservative party at that date was Lord Randolph Churchill. On the 3rd of January, 1885, when it was rumoured that Mr. Gladstone’s Government, then in office, intended to renew a few of the clauses of the Crimes Act, Lord Randolph Churchill made a speech at Bow against any such policy. The following quotation will suffice as a specimen of his opinion : “ It comes to this, that the policy of the Government in Ireland is to declare on the one hand, by the passing of the Reform Bill, that the Irish people are perfectly capable of exercising for the advantage of the Empire the highest rights and privileges of citizenship ; and by the proposal to renew the Crimes Act they simul¬ taneously declare, on the other hand, that the Irish people are perfectly incapable of performing for the advantage of society the lowest and most ordinary duties of citizenship. . . . All I can say is that, if such an incoherent, such a ridiculous, such a dangerously ridiculous combination of acts can be called a policy, then, thank God, the Conser¬ vative party have no policy.” Within a few months of the delivery of that speech a Conservative Government was in office, with Lord Randolph Cluirchill as its leader in the House of Commons; and one of the first acts of the new leader was to separate himself ostentatiously from the Irish policy of Lord Spencer and from the policy of coercion in general. Lord Randolph Churchill, as the organ of the Government in the House of Commons, repudiated in scornful language any atom of sympathy with the policy pursued by Lord Spencer in Ireland; and Lord Carnarvon, the new Viceroy, declared that “the era of coercion” was past, and that the Conserva¬ tive Government intended to govern Ireland by the ordinary law. Lord Carnarvon, in addition, and very much to his credit, sought and obtained an interview with Mr. Parnell, and discussed with him, in sympathetic language, the question of Home Rule. In his own explanation of this II2 THE “ UNIONIST" POSITION interview Lord Carnarvon admitted that he desired to see established in Ireland some form of self-government which would satisfy “ the national sentiment.” It is idle, therefore, to assert that the question of Home Rule for Ireland, in some form or other, was sprung on the country as a surprise by Mr. Gladstone in the beginning of 1886. The question was brought prominently before the public in the General Election of 1885 as one that must be faced in the new Parliament. All parties were committed to that policy, and the only difference was as to the character and limits of the measure of self-government to be granted to Ireland; whether it was to be large enough to satisfy “ the national sentiment,” as Lord Carnarvon, Mr. Chamber- lain, Mr. Gladstone, and others desired; or whether it was to consist only of a system of county boards under the control of a reformed Dublin Castle. There was a general agreement that the grant to Ireland of electoral equality with England necessitated equality of political treatment, and that, above all things, there was to be no renewal of the stale policy of Coercion until the Irish people had got an opportunity of proving or disproving their fitness for self-government, unless, indeed, there should happen to be a recrudescence of crime which would render exceptional legislation neces¬ sary. The election of 1886 turned almost entirely on the question of Irish government, and it is not too much to say that Conservatives and Liberal Unionists vied with Home Rulers in repudiating a return to the policy of coercion until the effect of some kind of self-government had been tried. Of course, there were the usual platitudes about the necessity of maintaining law and order; but there was a consensus of profession that coercion should not be resorted to unless there was a fresh outbreak of crime and disorder in Ireland. Such were the professions of the opponents of Home Rule in 1885 and in 1886. They have now been in office for eighteen months, and what do we behold ? They have THE “ UNIONIST" POSITION iij passed a perpetual Coercion Bill for Ireland, and the question of any kind of self-government has been relegated to an uncertain future. In his recent speech at Birmingham (Sept. 29), Mr. Chamberlain has declared that the question is not ripe for solution, and that the question of disestab¬ lishment, in Wales, Scotland, and England successively, as well as the questions of Local Option, local government for Great Britain, and of the safety of life at sea, must take precedence of it. That means the postponement of the reform of Irish Government to the Greek Kalends. Wliat justification can be made for this change of front? No valid justification has been offered. So far from there having been any increase of crime in the interval, there has been a very marked decrease. When the Coercion Bill received the royal assent last August, Ireland was more free from crime than it had been for many years past. Nothing had happened to account for the return to the policy of coercion in violation of the promise to try the experiment of conciliation. The National League was in full vigour in 1885-1886, when the policy of coercion was abandoned; boycotting was just as prevalent, and outrages were much more numerous. Under these circumstances it is the opponents of Home Rule, not its advocates, who owe an explanation to the public. They defeated Mr. Gladstone’s Bill, but promised a Bill of their own. AVhere is their Bill ? We hear nothing of it. They have made a complete change of front. They now tell us that the grievance of Ireland is entirely economic, and that the true solution of the Irish question is the abolition of dual ownership in land combined with a firm administra¬ tion of the existing law. England and Scotland are to have a large measure of local government next year; but Ireland is to wait till a more convenient season. A more complete reversal of the policy proclaimed last summer by the so-called Unionists cannot be imagined. I 114 THE “ UNIONIST” POSITION. Still, however, the “Unionists” hope to be able some day to offer some form of self-government to Ireland. For party purposes they are wise in postponing that day to the latest possible period, for its advent will probably dissolve the union of the “ Unionists.” Lord Salisbury, Lord Hartington, Mr. Bright, and Mr. Chamberlain cannot agree upon any scheme which all can accept without a public recantation of previous professions. Mr. Bright is opposed to Home Rule “ in any shape or form.” Mr. Chamberlain, on the other hand, is in favour of a great National Council, on Mr. Butt’s lines or on the lines of the Canadian plan; either of which would give the National Council control over education and the main¬ tenance of law and order. Latterly, indeed, Mr. Chamber¬ lain has advocated a separate treatment for Ulster. But the first act of an Ulster Provincial Assembly would pro¬ bably be to declare the union of that Province with the rest of Ireland. Ulster, be it remembered, returns a majority of Nationalists to the Imperial Parliament. To exclude Ulster from any share in the settlement offered to the other three Provinces -would therefore be impracticable; and Mr. Bright has lately expressed his opinion emphatically in that sense. In any case. Lord Llartington could be no party to any scheme so advanced as Mr. Chamberlain’s. For although he declared, in his Belfast speech, that “ complete self-government ” was the goal of his policy for Ireland, he was careful to explain that “the extension of Irish manage¬ ment over Irish affairs must be a growth from small begin¬ nings.” But this “growth from small beginnings” would be, in Lord Salisbury’s opinion, a very dangerous and mis¬ chievous policy. The establishment of self-government in Ireland, as distinct from what is commonly known as Home Rule, he pronounced in his Newport speech to be “ a very difficult question;” and in the following passage he placed his finger upon the kernel of the difficulty;— THE ^‘UNIONIST" POSITION. 115 “A local authority is more exposed to the temptation, and has more of the facility for enabling a majority to be unjust to the minority, than is the case when the authority derives its sanction and extends its jurisdiction over a rvide area. That is one of the weaknesses of local authorities. In a large central authority the wisdom of several parts of the country will correct the folly or the nristakes of one. In a local authority that correction to a much greater extent is wanting; and it would be impossible to leave that out of sight in the extension of any such local authority to Ireland.” This seems to me a much wiser and more statesmanlike view than a system of elective boards scattered broadcast over Ireland. A multitude of local boards all over Ireland, without a recognized central authority to control them, would inevitably become facile instruments in the hands of the emissaries of disorder and sedition. And, even apart from any such sinister influences, they would be almost certain to yield to the temptation of being oppressive, extravagant, and corrupt, if there were no executive porver to command their confidence and enforce obedience. Without the previous creation of some authority of that kind it would be sheer madness to offer Ireland the fatal boon of local selfgovernment. It would enormously increase rvithout conciliating the power of the Nationalists, and would make the administration of Ireland by constitu¬ tional means simply impossible. The policy of the Liberal Unionists is thus much too large or much too small. It is too small to conciliate, and therefore too large to be given with safety. All these proposed concessions are liable to one insuperable objection ; they would each and all enable the Irish to extort Home Rule, but under circumstances which would rob it of its grace and repel gratitude. Mill has some admirable observations bearing on this subject, and I venture to quote the following passage : “ The THE “ UNIONIST" POSITION. ii6 greatest imperfection of popular local institutions, and the chief cause of the failure which so often attends them, is the low calibre of the men by whom they are almost always carried on. That these should be of a very miscel¬ laneous character is, indeed, part of the usefulness of the institution; it is that circumstance chiefly which renders it a school of political capacity and general intelligence. But a school supposes teachers as well as scholars; the utility of the instruction greatly depends on its bringing inferior minds into contact with superior, a contact which in the ordinary course of life is altogether exceptional, and the want of which contributes more than anything else to keep the generality of mankind on one level of contented ignorance. ... It is quite hopeless to induce persons of a high class, either socially or intellectually, to take a share of local administration in a corner by piecemeal as members of a Paving Board or a Drainage Commission.” * Mr. Mill goes on to argue that it is essential to the safe working of any scheme of local self-government that it should be under the control of a central authority in harmony with public opinion. When the “ Unionists ” begin, if they ever do begin, seriously to deliberate on the question of self-government for Ireland, they will find that they have only two practicable alternatives—the maintenance of the present system, or some scheme of Home Rule on the lines of Mr. Gladstone’s much misunderstood Bill. And the ablest men among the “ Unionists ” are beginning to perceive this. The Spectator has in a recent article implored Mr. Chamberlain to desist from any further proposal in favour of self-government for Ireland, because the inevitable result would be to split up the Unionist party; and Mr. Chamberlain, as we have seen, has accepted the advice. Another very able and very logical opponent of Home Rule has candidly avowed that * Considerations on Representative Government, p. 2Sr. THE “ UNIONIST" POSH ION. the only alternative to Home Rule is the perpetuation of “things as they are.” Ireland, he thinks, “possesses none of the conditions necessary for local; self-government.” His own view, therefore, is “that in Ireland, as in France, an honest, centralized administration of impartial officials, and not local self-government, would best meet the real wants of the people.” “ The name of ‘ Self-government ’ has a natural fascina¬ tion for Englishmen; but a policy which cannot satisfy the wishes of Home Rulers, which may—it is likely enough— be of no benefit to the Irish people, which will certainly weaken the Government in its contest with lawlessness and oppression, is not a policy which obviously commends itself to English good sense.” * Well may this distinguished “Supporter of things as they are ” declare: “ The maintenance of the Union [on such ter.ms] must necessarily turn out as severe a task as ever taxed a nation’s energies; for to maintain the Union with any good effect, means that, while refusing to accede to the wishes of millions of Irishmen, we must sedulously do justice to every fair demand from Ireland; must strenuously, and without fear or favour, assert the equal rights of land¬ lords and tenants, of Protestants and Catholics; and must, at the same time, put down every outrage and reform every abuse.” What hope is there of this ? Our only guide to the probabilities of the future is our experience of the past. And what has that been in Ireland ? In every year since the Legislative Union there have been multitudes of men in England as upright, as enlightened, as well-intentioned towards Ireland, as Professor Dicey, and with better opportunities of translating their thoughts into acts. Yet what has been the result ? Si moniimetitum txquiris circiim- * Dicey’s England’s Case against Home Ride, pp. 25-31, and Letter in Spectator of September 17th, 1887. ii8 THE “ UNIONIST" POSITION. spice. Behold Ireland at this moment, and examine every year of its history since the Union. Do the annals of any constitutional Government in the world present so por¬ tentous a monument of Parliamentary failure, so vivid an example of a moral and material ruin “paved with good intentions”? Therein lies the pathos of it. Not from malice, not from cruelty, not from wanton injustice, not even from callous indifference to suffering and wrong, does our misgovernment of Ireland come. If the evil had its root in deliberate wrong-doing on the part of England it would probably have been cured long ago. But each generation, while freely confessing the sins of its fathers, has protested its own innocence and boasted of its own achievements, and then, with a pharisaic sense of rectitude, has complacently pointed to some inscrutable flaw in the Irish character as the key to the Irish problem. The generation which passed the Act of Union, oblivious of British pledges solemnly given and lightly broken, wondered what had become of the prosperity and contentment which the promoters of the Union had promised to Ireland. The next generation made vicarious penance, and preferred the enactment of Catholic emancipation to the alternative of civil war; and then wondered in its turn that Ireland still remained unpacified. Then came a terrible famine, followed by evictions on a scale so vast and cruel that the late Sir Robert Peel declared that no parallel could be found for such a tale of inhumanity in “ the records of any country, civilized or barbarous.” Another generation, pluming itself on its enlightened views and kind intentions, passed the Encumbered Estates Act, which delivered the Irish tenants over to the tender mercies of speculators and money-lenders; and then Parliament for a time closed its eyes and ears, and relied upon force alone to keep Ireland quiet. It rejected every suggestion of reform in the Land laws; and a great Minister, himself an Irish landlord, dismissed the whole THE “ UNIONIST” POSITION. 119 subject in the flippant epigram that “ tenant-right was land¬ lord-wrong.” Since then the Irish Church has been dis¬ established, and two Land Acts have been passed; yet we seem to be as far as ever from the pacification of Ireland. Surely it is time to inquire whether the evil is not inherent in our system of governing Ireland, and whether there is any other cure than that which De Beaumont suggested, namely, the destruction of the system. It is probable that there is not in all London a more humane or a more kind- hearted man than Lord Salisbury. Yet Lord Salisbury’s Government will do some harsh and inequitable things in Ireland this winter, just as Liberal Governments have done during their term of office. The fault is not in the men, but in the system which they have to administer. I see no reason to doubt that Sir M. Hicks-Beach did the best he could under the circumstances; but, unfortunately, bad is the best. In a conversation which I had with Dr. Dollinger while he was in full communion with his Church, I ventured to ask him whether he thought that a new Pope, of Liberal ideas, force of character, and commanding ability, would make any great difference in the Papal system. “No,” he replied, “ the Curial system is the growth of centuries, and there can be no change of any consequence while it lasts. Many a Pope has begun with brave projects of reform; but the struggle has been brief, and the end has been invariably the same: the Pope has been forced to succumb. His entourage has been too much for him. He has found him¬ self enclosed in a system which was too strong for him, wheel within wheel; and while the system lasts the most enlightened ideas and the best intentions are in the long run unavailing.” This criticism applies, mutatis mutandis, to what may be called the Curial system of Dublin Castle. It is a species of political Ultramontanism, exercising supreme power behind the screen of an official infallibility on which there is practically no check, since Parliament has 120 THE “UNIONIST” POSITION never hitherto refused to grant it any power which it demanded for enforcing its decrees. There is, moreover, another consideration which must convince any dispassionate mind which ponders it, that the British Parliament is incompetent to manage Irish affairs, and must become increasingly incompetent year by year. In ordinary circumstances Parliament sits about twenty- seven weeks out of the fifty-two. Five out of the twenty- seven may safely be subtracted for holidays, debates on the Address, and other debates apart from ordinary business. That leaves twenty-two weeks, and out of these two nights a week are at the disposal of the Government and three at the disposal of private members; leaving in all forty-four days for the Government and sixty-six for jrrivate members. Into those forty-four nights Government must compress all its yearly programme of legislation for the whole of the British Empire, from the settlement of some petty dispute about land in the Hebrides, to some question of high policy in Egypt, India, or other portions of the Queen’s world-wide empire; and all this amidst endless distractions, enforced attendance through dreary debates and vapid talk, and a running fire of cross-examination from any volunteer questioner out of the six hundred odd members who sit outside the Government circle. The consequence is, that Parliament is getting less able every year to overtake the mass of business which comes before it. Each year con¬ tributes its quota of inevitable arrears to the accumulated mass of previous Sessions, and the process will go on multi¬ plying in increasing ratio as the complex and multiform needs of modern life increase. The large addition recently made to the electorate of the United Kingdom is already forcing a crop of fresh subjects on the attention of Parlia¬ ment, as well as presenting old ones from new points of view. Plans of devolution and Grand Committees will fail to cope with this evil. To overcome it we need some THE “ UNIONIST" POSITION. I2I organic change in our present Parliamentary system, some form of decentralization, which shall leave the Imperial Parliament supreme over all subordinate bodies, yet relegate to the historic and geographical divisions of the United Kingdom the management severally of their own local affairs. I should have better hope from governing Ireland (if it were possible) as we govern India, than from the present Unionist method of leaving “ things as they are.” A Viceroy surrounded by a Council of trained officials, and in semi¬ independence of Parliament, would have settled the Irish question, land and all, long ago. But imagine India governed on the model of Ireland : the Viceroy and the most important member of his Government changing with every change of Administration at Westminster; * his Council and the official class in general consisting almost exclusively of native Mussulmans, deeply prejudiced by religious and traditional enmity against the great mass of the population; himself generally subordinate to his Chief Secretary, and exposed to the daily criticism of an ignorant Parliament and to the determined hostility of eighty-six Hindoos, holding seats in Parliament as the representatives of the vast majority of the people of India, and resenting bitterly the domination of the hereditary oppressors of their race. How long could the Government of India be carried on under such conditions ? Viewing it all round, then, it must be admitted that the problem of governing Ireland while leaving things as they are * From the beginning of 1880 till now there have been six Viceroys and ten Chief Secretaries in Dublin—namely, Duke of Marlborough, Earls Cowpcr and Spencer, Earls of Carnarvon and Aberdeen, and the Marquis of Londonderry; Mr. Lowther, Mr. Forster, Lord F. Caven¬ dish, Mr. Trevelyan, Mr. Campbell Bannerman, Sir W. Hart Dyke, Mr. W. 11 . Smith, Mr. J. Morley, Sir M. Hicks-Beach, and Mr. A. Balfour. A fine example, truly, of stable government and continuous policy ! 122 THE “ UNIONIST" POSITION. is a sufficiently formidable one. Read the remarkable admis¬ sions which the facts have forced from intelligent opponents of Home Rule like Mr. Dicey, and add to them all the other evils which are rooted in our existing system of Irish govern¬ ment, and then consider what hope there is, under “ things as they are,” of “sedulously doing justice to every demand from Ireland,” “ strenuously, and without fear or favour, asserting the equal rights of landlords and tenants, Protes¬ tants and Catholics,” “ putting down every outrage, and reforming every abuse; ” and all the “ while refusing to accede to the wishes of millions of Irishmen ” for a funda¬ mental change in a political arrangement that has for centuries produced all the mischief which the so-called Unionist party are forced to admit, and much more besides, while it has at the same time frustrated every serious endea¬ vour to bring about the better state of things which they expect from—what ? From “ things as they are ! ” As well expect grapes from thorns, or figs from thistles. While the tree remains the same, no amount of weeding, or pruning, or manuring, or change of culture, will make it bring forth different fruit. Mr. Dicey, among others, has demolished what Lord Beaconsfield used to call the “bit-by-bit” re¬ formers of Irish Government—those who would administer homoeopathic doses of local self-government, but always under protest that the supply was to stop short of what would satisfy the hunger of the patient. But a continuance of “ things as they are,” gilded with a thin tissue of benevo¬ lent hopes and aspirations, is scarcely a more promising remedy for the ills of Ireland. Is it not time to try some new treatment—one which has been tried in similar cases, and always with success ? One only policy has never been tried in Ireland—honest Home Rule. Certainly, if Home Rule is to be refused till all the prophets of evil are refuted, Ireland must go without Home Rule for ever. “ If the sky fall, we shall catch larks.” But THE “ UNIONIST" POSITION. 123 he would be a foolish bird-catcher who waited for that contingency. And not less foolish is the statesman who sits still till every conceivable objection to his policy has been mathematically refuted in advance, and every wild prediction falsified by the event; for that would ensure his never moving at all. Sedet atermunqiie sedebit. A proper enough attitude, perhaps, on the part of an eristic philosopher speculating on politics in the silent shade of academic groves, but hardly suitable for a practical politician who has to take action on one of the most burning questions of our time. Human affairs are not governed by mathe¬ matical reasoning. You cannot demonstrate the precise results of any legislative measure beforehand as you can demonstrate the course of a planet in the solar system. “ Probability,” as Bishop Butler says, ‘‘is the guide of life;” and an older philosopher than Butler has warned us that to demand demonstrative proof in the sphere of contingent matter is the same kind of absurdity as to demand probable reasoning in mathematics. You cannot confute a prophet before the event; you can only disbelieve him. The advocates of Plome Rule believe that their policy would in general have an exactly contrary effect to that predicted by their opponents. In truth, every act of legislation is, before experience, amenable to such destructive criticism as these critics urge against Home Rule. I have not a doubt that they could have made out an unanswerable “case” against the Great Charter at Runnymede; and they would find it easy to prove on d priori grounds that the British Constitution is one of the most absurd, mischievous, and unworkable instruments that ever issued from human brains or from the evolution of events. By their method of reasoning the Great Charter and other fundamental portions of the Constitution ought to have brought the Government of the British Empire to a deadlock long ago. Every suspension of the Habeas Corpus Act, every Act of 124 THE “UNIONIST" POSITION. Attainder, every statute for summary trial and conviction before justices of the peace, is a violation of the funda¬ mental article of the Constitution, which requires that no man shall be imprisoned or otherwise punished except after lawful trial by his peers.* Consider also the magazines of explosive materials which lie hidden in the constitutional prerogatives of the Crown, if they could only be ignited by the match of an ingenious theorist. The Crown, as Lord Sherbrooke once somewhat irreverently expressed it, “ can turn every cobbler in the land into a peer,” and could thus put an end, as the Duke of Wellington declared, to “the Constitution of this country.” f “ The Crown is not bound by Act of Parliament unless named therein by special and particular words.” X The Crown can make peace or war without consulting Parliament, can by secret treaty saddle the nation with the most perilous obligations, and give away all such portions of the empire as do not rest on Statute. The prerogative of mercy, too, would enable an eccentric Sovereign, aided by an obsequious Minister, to open the jails and let all the convicted criminals in the land loose upon society.j; But criticism which proves too much in effect proves nothing. In short, every stage in the progress of constitutional reform has, in matter of fact, been marked by similar pre¬ dictions falsified by results, and the prophets who condemn Home Pule have no better credentials; indeed, much worse, for they proclaim the miserable failure of “ things as they are,” whereas their predecessors were in their day satisfied with things as they were. § * Creasy’s Imperial and Colonial Constitutions of the Britannic Empire, p. 155. t May’s Const. Hist., i. 313. J Blackstone’s Coninietitaries, by Stephen, ii. 491, 492, 497, $07. § We need not go far afield for illustrations. A few samples will suffice. “It was natural,” says Mill {Rep. Gov., p. 311), “to feel strong doubts befvre trial had been made how such a provision [as the THE “ UNIONIST” POSITION. 125 It is high time, therefore, to call upon the opponents of Home Rule to tell us plainly where they stand. They Supreme Court of the United States] would work ; whether the tribunal would have the courage to exercise its constitutional power ; if it did, whether it would exercise it wisely, and whether the Government would consent peaceably to its decision. The discussions on the American Constitution, before its final adoption, give evidence that these natural apprehensions were strongly felt; but they are now entirely quieted, since, during the two generations and more which have subsequently elapsed, nothing has occurred to verify them, though there have at times been disputes of considerable acrimony, and which became the badges of parties respecting the limits of the authority of the Federal and State Governments.” The Austrian opponents of Home Rule in Hungary predicted that it would lead straight to separation. The opponents of the Canadian Constitution prophesied that Canada would in a few years be annexed to the United States ; and Home Rule in Australia was believed by able statesmen to involve independence at an early date. Mr. Dicey himself tells us “ that the wisest thinkers of the eighteenth century (including Burke) held that the independence of the x\merican Colonies meant the irreparable ruin of Great Britain. There were apparently solid reasons for this belief; experience has proved it to be without foundation.” The various changes in our own Consti¬ tution, and even in our Criminal Code, were believed by “ men of light and leading ” at the time to portend national ruin. All the judges in the land, all the bankers, and the professions generally, petitioned against alteration in the law which sent children of ten to the gallows for the theft of a pocket-handkerchief. The great Lord Ellenborough declared in the House of Lords that “the learned judges were unani¬ mously agreed” that any mitigation in that law would imperil “the public security.” “ My Lords,” he exclaimed, “if we suffer this Bill to pass we shall not know where we stand ; we shall not know whether we are on our heads or on our feet.” Mr. Perceval, when leader of the House of Commons in 1807, declared that “ he could not conceive a time or change of circumstances which would render further concessions to the Catholics consistent with the safety of the State.” (Cfokcr Papers, i. 12.) Croker was a very astute man ; but here is his forecast of the Reform Act of 1832 : “ No kings, no lords, no inequalities in the social system ; all will be levelled to the plane of the petty shopkeepers and small farmers : this, perhaps, not without bloodshed, but certainly by confiscations and persecutions.” “There can be no longer any doubt that the Reform Bill is a stepping-stone in England to a Republic, and in Ireland to separation.” Croker met the Queen in 1S32, con¬ sidered her very good-looking, but thought it not unlikely that “she may live to be plain Miss Guelph.” Even Sir Robert Peel wrote : “If I am to be believed, I foresee revolution as the consequence of this Bill and he “felt that it had ceased to be an object of ambition to any man of equable and consistent mind to enter into the service of the Crown.” And as late as 1839, so robust a character as Sir James 126 THE “ UNIONIST" POSITION claim a mandate from the country for their policy. They neither asked nor received a mandate to support the system of Government which prevailed in Ireland at the last election, and still less the policy of coercion which they have substituted for that system. Do they mean to go back or forward? They cannot stand still. They have already discovered that one act of repression leads to another, and they will find ere long that they have no alternative except Home Rule or the suppression of Parliamentary Govern¬ ment in Ireland. Men may talk lightly of the ease with which eighty-six Irish members may be kept in order in Parliament. They forget that the Irish people are behind the Irish members. How is Ireland to be governed on Parliamentary principles if the voice of her representatives is to be forcibly silenced or disregarded ? Could even Yorkshire or Lancashire be governed permanently in that way? Let it be observed that we have now reached this pass, namely, that the opponents of Home Rule are opposed' to the Irish members, not on any particular form of self- government for Ireland, but on any form ; in other words. Graham thought the world was coming to an end because the young Queen gave her confidence to a Whig lUinister. “I begin to share all your apprehensions and forebodings,” he writes to Croker, “with regard to the probable issue of the present struggle. The Crown in alliance with Democracy baffles every calculation on the balance of power in our mixed form of Government. Aristocracy and Church cannot contend against Queen and people mixed ; they must yield in the first instance, when the Crown, unprotected, will meet its fate, and the accustomed round of anarchy and despotism will run its course.” And he prays that he may “ lie cold before that dreadful day.” {Ibid., ii. 113, 140, 176, 181, 356.) Free Trade created a similar panic. “Good God!” Croker exclaimed, “what a chaos of anarchy and misery do I foresee in every direction, from so comparatively small a beginning as changing an average duty of 8r. into a fixed duty of 8 j., the fact being that the fixed duty means no duty at all; and no duty at all will be the over¬ throw of the existing social and political system of our country ! ” {Ibid., iii. 13.) And what have become of Mr. Lowe’s gloomy vaticinations as to the terrible consequences of the very moderate Reform Bill of 1866, followed as it was by a much more democratic measure ? THE “ UNIONIST" POSITION. 127 they resist the all but unanimous demand of Ireland for what “Unionists” of all parties declared a year ago to be a reasonable demand. No candidate at the last election ventured to ask the suffrages of any constituency as “ a sup¬ porter of things as they are.” Yet that is practically the attitude now assumed by the Ministerial party, both Con¬ servatives and Liberal Unionists. It is an attitude of which the country is getting weary, as the bye-elections have shown. But the “ Unionists,” it must be admitted, are in a sore dilemma. Their strength, such as it is, lies in doing nothing for the reform of Irish Government. Their bond of union consists of nothing else but opposition to Mr. Gladstone’s policy. They dare not attempt to formulate any policy of their own, knowing well that they would go to pieces in the process. Their hope and speculation is that something may happen to remove Mr. Gladstone from tire political arena before the next dissolution. But, after all, Mr. Gladstone did not create the Irish difficulty. It preceded him and will survive him, unless it is settled to the satisfaction of the Irish people before his departure. And the difficulty of the final settlement will increase with every year of delay. Nor will the difficulty be confined to Ireland. The Irish question is already reacting upon kindred, though not identical, problems in England and Scotland, and the longer it is kept open, so much the worse will it be for what are generally regarded as Conservative interests. It is not the Moderate Liberals or Conservatives who are gaining ground by the prolongation of the con¬ troversy, and the disappearance of Mr, Gladstone from the scene would have the effect of removing from the forces of extreme Radicalism a conservative influence, which his political opponents will discover when it is too late to restore it. Their regret will then be as unavailing as the lament of William of Deloraine over his fallen foe— “ I’d give the lands of Deloraine Dark Musgrave were alive again.” 128 THE “ UNIONIST” POSITION. The Irish landlords have already begun to realize the mistake they made when they rejected Mr. Gladstone’s policy of Home Rule and Land Purchase. It is the old story of the Sibyl’s books. No British Government will ever again offer such terms to the Irish landlords as they refused to accept from Mr. Gladstone. On the other hand, Home Rule is inevitable. Can any reflective person really suppose that the democracy of Great Britain will consent to refuse to share with the Irish people the boon of self- government which will be offered to themselves next year ? Any attempt to exclude the Irish from the benefits of such a scheme, after all the promises of the last general election, would almost certainly wreck the government; for consti¬ tuencies have ways and means of impressing their wills on their representatives in Parliament even without a dissolution. If, on the other hand, Ireland should be included in a general scheme of local Government, the question of who shall control the police will arise. In Great Britain the police, of course, will be under local control. To refuse this to Ireland would be to offer a boon with a stigma attached to it. The Irish members agreed to let the control of the constabulary remain, under Mr. Gladstone’s scheme, for some years in the hands of the British Government; but they would not agree to this while Dublin Castle ruled the country. Moreover, the formidable dififlculty suggested by Lord Salis¬ bury and Mi. John Stuart Mill (seepp. 115, 116) would appear the moment men began seriously to consider the question of local government for Ireland. The government of Dublin Castle would have to go, but something would have to be put in its place; and when that point has been reached it will probably be seen that nothing much better or safer can be found than some plan on the main lines of Mr. Gladstone’s Bill. A LAWYER'S OBJECTIONS TO HOME RULE. By E. L. Godkin. Mr. Dicey in liis Case against Home Rule does me the honour to refer to an article which I wrote a year ago on “ American Home Rule,” * expressing in one place “ disagreement in the general conclusion to which the article is intended to lead,” and in another “ inability to follow the inference” which he supposes me to draw “ against all attempts to enforce an unpopular law.” Now the object of that article, 1 may be permitted to explain, was twofold. I desired, in the first place, to combat the notion which, it seemed to me, if I might judge from a great many of the speeches and articles on the Irish question, was widely diffused even among thoughtful Englishmen that the manner in which the Irish have expressed their dis¬ content—that is, through outrage and disorder—was indica¬ tive of incapacity for self-government, and even imposed upon the Englishmen the duty, in the interest of morality (I think it was the Spectator who took this view), and as a disciplinary measure, of refusing to such a people the privilege of managing their own affairs. I tried to show by several noted examples occurring in this country that prolonged displays of lawlessness, and violence, and even * Printed in the earlier part of this voluine, K 130 A LAWYER'S OBJECTIONS TO LIOME RULE. cruelty, such as the anti-rent movement in the State of New York, the Ku-Klux outrages in the South, and the persecution of Miss Prudence Crandall in Connecticut, were not incon¬ sistent with the possession of marked political capacity. I suggested that it was hardly adult politics to take such things into consideration in passing on the expediency of conceding local self-government to a subject community. There was to me something almost childish in the arguments drawn from Irish lawlessness in the discussion of Home Rule, and in the moral importance attached by some Englishmen to the refusal to such wicked men as the Irish of the things they most desire. It is only in kindergartens, I said, that rulers are able to do equal and exact justice, and see that the naughty are brought to grief and the good made comfortable. Statesmen occupy themselves with the more serious business of curing discontent. They concern themselves but little, if at all, with the question whether it might not be manifested by less objectionable methods. The Irish methods of manifesting it, I endeavoured to show, were not exceptional, and did not prove either inability to make laws or unwillingness to obey them. I illustrated this by examples drawn from the United States. I might, had I had more time and space, have made these examples still more numerous and striking. I might have given very good reasons for believing that, were Ireland a state in the American Union, there probably would not have been any rent paid in the island within the last fifty years, and that the armed resistance of the tenants would have had the open or secret sympathy of the great bulk of the American people. In truth, the importance of Irish crime as a political symptom is grossly exaggerated by English writers. I venture to assert that more murders unconnected with robbery are committed in the State of Kentucky in one year than in Ireland in ten, and the condition of some other Southern and Western States is A LAWYER'S OBJECTIONS TO HOME RULE. 131 nearly as bad. All good Americans lament this and are ashamed of it, but it never enters into the heads of even the most lugubrious American moralists that Kentucky or any other State should be disfranchised and remanded to the condition of a Territory, because the offences against the person committed in it are so numerous, and the punishment of them, owing to popular sympathy or apathy, so difficult. There are a great many Englishmen who think that when they show that Grattan’s Parliament was a venal and somewhat disorderly body, which occasionally indulged in mixed metaphor, they have proved the impossibility of giving Ireland a Parliament now. But then, as they are obliged to admit, Walpole’s Parliament was very corrupt, and no one would say that for that reason it would have been wise to suspend constitutional government in England in the eighteenth century. It is only through the pernicious habit of thinking of Irishmen as exceptions to all political rules that Grattan’s Parliament is considered likely, had it lasted, to have come down to our time unreformed and unim¬ proved. Those have misunderstood me who suppose that I draw from the success of the anti-rent movement in this State between 1839 and 18.^6 an inference against “all attempts to enforce an unpopular law.” Such was not by any means my object. What I sought to show by the history of this movement was that there was nothing peculiar or inexplicable in the hostility to rent-paying in Ireland. The rights of the New York landlords were as good in law and morals as the rights of the Irish landlords, and their mode of asserting them far superior. Moreover, those who resisted them were not men of a different race, religion, or nationality, and had, as Mr. Dicey says, “ none of the excuses that can be urged in extenuation of half-starved tenants.” Their mode of setting the law at defiance was exactly similar to that adopted by the Irish, and it was IJ 2 A LAWYER'S OBJECTIONS TO HOME RULE. persisted in for a period of ten years, or until they had secured a substantial victory. The history of the anti-rent agitation in New York also illustrates strikingly, as it seems to me, the perspicacity of a remark made, in substance, long ago by Mr. Disraeli, which, in my eyes at least, threw a great deal of light on the Irish problem, namely, that Ireland was suffering from suppressed revolution. As Mr. Dicey says, “ The crises called revolutions are the ultimate and desperate cures for the fundamental disorganization of society. The issue of a revolutionary struggle shows what is the true sovereign power in the revolutionized state. So strong is the interest of mankind, at least in any European country, in favour of some sort of settled rule, that civil disturbance will, if left to itself, in general end in the supremacy of some power which by securing the safety at last gains the attachment of the people. The Reign of Terror begets the Empire; even wars of religion at last produce peace, albeit peace may be nothing better than the iron uniformity of despotism. Could Ireland have been left for any lengthened period to herself, some form of rule adapted to the needs of the country would in all probability have been established. Whether Protestants or Catholics would have been the predominant element in the State ; whether the landlords would have held their own, or whether the English system of tenure would long ago have made way for one more in conformity with native traditions; whether hostile classes and races would at last have established some modus vive?idi favourable to individual freedom, or whether despotism under some of its various forms would have been sanctioned by the acquiescence of its subjects, are matters of uncertain speculation. A con¬ clusion which, though speculative, is far less uncertain, is that Ireland, if left absolutely to herself, would have arrived, like every other country, at some lasting settlement of her difficulties” (p. 87). That is to say, that in Ireland as in A LAIVYER'S OBJECTIONS TO HOME RULE. 133 New York the attempt to enforce unpopular land laws would have been abandoned, had local self-government existed. For “revolution” is, after all, only a fine name for the failure or refusal of the rulers of a country to persist in executing laws which the bulk of the population find obnoxious. When the popular hostility to the law is strong enough to make its execution impossible, as it was in New York in the rent affair, it is accepted as the respectable solution of a very troublesome problem. When, as in Ireland, it is strong enough to produce turbulence and disorder, but not strong enough to tire out and overcome the authorities, it simply ruins the political manners of the people. If the Irish landlords had had from the beginning to face the tenants single-handed and either hold them down by superior physical force, or come to terms with them as the New York landlords had to do, conditions of peace and good will would have assuredly been discovered long ago. The land question, in other words, would have been adjusted in accordance with “Irish ideas,” that is, in some way satisfactory to the tenants. The very memory of the conflict would probably by this time have died out, and the two classes would be living in harmony on the common soil. If in New York, on the other hand, the Van Rensselaers and Livingstons had been able to secure the aid of martial law and of the Federal troops in asserting their claims, and in preventing local opinion having any influence whatever on the settlement of the dispute, there can be no doubt that a large portion of this State would to-day be as poor and as savage, and apparently as little fitted for the serious business of government, as the greater part of Ireland is. There is, in truth, no reason to doubt that the idea of property in land, thoroughly accepted though it be in the United States, is nevertheless held under the same limita¬ tions as in the rest of the world. No matter what the law 134 A LAWYER'S OBJECTIONS TO HOME RULE. may say in any country, in no country is the right of the landed proprietor in his acres as absolute as his right in his movables. A man may own as much land as he can pur¬ chase, and may assert his ownership in its most absolute form against one, two, or three occupants, but the minute he began to assert it against a large number of occupants, that is, to act as if his rights were such that he had only to buy a whole state or a whole island in order to be able to evict the entire population, he would find in America, as he finds in Ireland, that he cannot have the same title to land as to personal pro¬ perty. He w'ould, for instance, if he tried to oust the people of a whole district or of a village from their homes on any plea of possession, or of a contract, find that he was going too far, and that no matter what the judges might say, or the sheriff might try to do for him, his legal position was worth very little to him. Consequently a large landlord in America, if he were lucky enough to get tenants at all, w'ould be very chary indeed about quarrelling with more than one of them at a time. The tenants would no more submit to wholesale ejectment than the farmers in Missouri would submit some years ago to a tax levy on their property to pay county bonds given in aid of a railroad. The goods of some of them were seized, but a large body of them attended the sale armed with rifles, having previously issued a notice that the place would be very “ unhealthy ” for outside bidders. The bearing of this condition of American opinion on the Irish question will be plainer if I remind English readers that the Irish in the United States numbered in 1880 nearly 2,000,000, and that the number of persons of Irish parentage is probably between 4,000,000 and 5,000,000. In short there are, as well as one can judge, more Irish nationalists in the United States than in Ireland. The Irish-Americans are to-day the only large and prosperous Irish community in the world. The children of the Irish born in the United States or brought there in their infancy are just as Irish in A LAIVVER’S OBJECTIONS TO HOME RULE. 135 their politics as those who have grown up at home. Patrick Ford, for instance, the editor of the Irish World, who is such a shape of dread to some Englishmen, came to America in childhood, and has no personal knowledge nor recollection of Irish wrongs. Of the part this large Irish community plays in stimulating agitation—both agrarian and political—at home I need not speak; Englishmen are very familiar with it, and are very indignant over it. The Irish- Americans not only send over a great deal of American money to their friends at home, but they send over American ideas, and foremost among them American hostility to large landowners, and American belief in Home Rule. Now, to me, one of the most curious things in the English state of mind about the Irish problem is the apparent expectation that this Irish-American interference is transient, and will probably soon die out. It is quite true, as Englishmen are constantly told, that ‘‘the best Americans,” that is, the literary people and the commercial magnates, whom travel¬ ling Englishmen see on the Atlantic coast, dislike the Irish anti-English agitation. But it is also true that the dis¬ approval of the “ best Americans ” is not of the smallest practical consequence, particularly as it is largely due to complete indifference to, and ignorance of, the whole subject. There are probably not a dozen of them who would venture to express their disapproval publicly. The mass of the population, particularly in the West, sympathize, though half laughingly, with the efforts of the transplanted Irish to “ twist the British lion’s tail,” and all the politicians either sympathize with them, or pretend to do so. I am not now expressing any opinion as to whether this state of things is good or bad. What I wish to point out is that this Irish- American influence on Irish affairs is very powerful, and may, for all practical purposes, be considered permanent, and must be taken into account as a constant element in the Irish problem. I will indeed venture on the assertion 136 A LAWYER'S OBJECTIONS TO HOME RULE. that it is the appearance of the Irish-Americans on the scene which has given the Irish question its present seriousness. The attempts of the Irish at physical resist¬ ance to English authority have been steadily diminishing in gravity during the present century—witness the descent from the rebellion of 1798 to Smith O’Brien’s rebellion and the Fenian rising of 1867. On the other hand the power of the Irish to act as a disturbing agency in English politics has greatly increased, and the reason is that the stream of Irish discontent is fed by thousands of rills from the United States. Every emigrant’s letter, every Irish-American newspaper, every returned emigrant with money in his pocket and a good coat on his back, helps to swell it, and there is not the slightest sign, that I can see, of its drying up. Where Mr. Dicey is most formidable to the Home Rulers, as it seems to me, is in his chapter on “ Home Rule as Federalism,” which is the form in which the Irish ask for it. He attacks this in two ways. One is by maintain¬ ing that the necessary conditions for a federal union between Great Britain and Ireland do not exist. This disposes at one blow of all the experience derived from the working of the foreign federations, on which the advocates of Home Rule have relied a good deal. The other is what I may call predictions that the federation even if set up would not work. Either the state of facts on which all other federa¬ tions have been built does not exist in Ireland, or if it now exists, will not, owing to the peculiarities of Irish character, continue to exist. In other words, the federation will either fail at the outset, or fail in the long run. No one can admire more than I do the force and ingenuity and wealth of illustration with which Mr. Dicey supports this thesis. But unfortunately the arguments by which he assails Irish federalism might be, or might have been, used ^ against all federations whatever. They might have been A LAWYER'S OBJECTIONS TO HOME RULE. 137 used, as I shall try to show, against the most successful of them all, the Government of the United States. I was re¬ minded, while reading Mr. Dicey’s account of the impossi¬ bility of an Anglo-Irish federation, of Mr, Madison’s rehearsal in the Fede 7 'alist (No. 38) of the objections made to the Federal Constitution after the Convention had sub¬ mitted it to the States. These objections covered every feature in it but one; and that, the mode of electing the President, curiously enough, is the only one which can be said to have utterly failed. A more impressive example of the danger of d, priori attacks on any political arrange¬ ment, history does not contain. Mr. Madison says: “This one tells me that the proposed Constitution ought to be rejected, because it is not a confederation of the states, but a government over individuals. Another admits that it ought to be a government over individuals to a certain extent, but by no means to the extent proposed. A third does not object to the government over individuals, or to the extent proposed, but to the want of a bill of rights. A fourth concurs in the absolute necessity of a bill of rights, but contends that it ought to be declaratory not of the personal rights of individuals, but of the rights reserved to the states in their political capacity. A fifth is of opinion that a bill of rights of any sort would be superfluous and misplaced, and that the plan would be unexceptionable but for the fatal power of regulating the times and places of election. An objector in a large state exclaims loudly against the unreasonable equality of representation in the Senate. An objector in a small state is equally loud against the dangerous inequality in the House of Representatives. From one quarter we are alarmed with the amazing expense, from the number of persons who are to administer the new government. From another quarter, and sometimes from the same quarter, on another occasion the cry is that the Congress will be but the shadow of a representation, and I3S A LAIVYER'S OBJECTIONS TO HOME RULE. that the government would be far less objectionable if the number and the expense were doubled. A patriot in a state that does not import or export discerns insuperable objections against the power of direct taxation. The patriotic adversary in a state of great exports and imports is not less dissatisfied that the whole burden of taxes may be thrown on consumption. This politician discovers in the constitution a direct and irresistible tendency to mon¬ archy. That is equally sure it will end in aristocracy. Another is puzzled to say which of these shapes it will ultimately assume, but sees clearly it must be one or other of them. Whilst a fourth is not wanting, who with no less confidence affirms that the Constitution is so far from having a bias towards either of these dangers, that the weight on that side will not be sufficient to keep it upright and firm against the opposite propensities. With another class of adversaries to the Constitution, the language is, that the legislative, executive, and judiciary departments are intermixed in such a manner as to contradict all the ideas of regular government and all the requisite precau¬ tions in favour of liberty. Whilst this objection circulates in vague and general expressions, there are not a few who lend their sanction to it. Let each one come forward with his particular explanation, and scarcely any two are exactly agreed on the subject. In the 'eyes of one the junction of the Senate with the President in the responsible function of appointing to offices, instead of vesting this power in the executive alone, is the vicious part of the organization. To another the exclusion of the House of Representatives, whose numbers alone could be a due security against cor¬ ruption and partiality in the exercise of such a power, is equally obnoxious. With a third the admission of the President into any share of a power which must ever be s. dangerous engine in the hands of the executive magistrate is an unpardonable violation of the maxims of republican A LAWYER'S OBJECTIONS TO HOME RULE. 139 jealousy. No part of the arrangement, according to some, is more inadmissible than the trial of impeachments by the Senate, which is alternately a member both of the legisla¬ tive and executive departments, when this power so evidently belonged to the judiciary department. We concur fully, reply others, in the objection to this part of the plan, but we can never agree that a reference of impeachments to the judiciary authority would be an amendment of the error; our principal dislike to the organization arises from the extensive powers already lodged in that department. Even among the zealous patrons of a council of state, the most irreconcilable variance is discovered concerning the mode in which it ought to be constituted.” Mr. Madison’s challenge to the opponents of the American Constitution to agree on some plan of their own, and his humorous suggestion that if the American people had to wait for some such agreement to be reached they would go for a long time without a government, are curiously applicable to the opponents of Irish Home Rule. They are very fertile in reasons for thinking that neither the Gladstone plan nor any other plan can succeed, but no two of them, so far as I know, have yet hit upon any other mode of pacifying Ireland, except the use of force for a certain period to maintain order, and oddly enough, even when they agree on this remedy, they are apt to disagree about the length of time during which it should be tried. Mr. Dicey, in conceding the success of the American Constitution, seems to me unmindful, if I may use the expression, of the judgments he would probably have passed on it had it been submitted to him at the outset were he in the frame of mind to which a prolonged study of the Irish problem has now brought him. The Supreme Court, for instance, which he now recognizes as an essential feature of the Federal Constitution, and the absence of which in the Gladstonian arrangement he treats as a fatal 140 A LAJVYER’S OBJECTIONS TO HOME RULE. defect, would have undoubtedly appeared to him a pre¬ posterous contrivance. It would have seemed to him im¬ possible that a legislature like Congress, with the traditions of parliamentary omnipotence still strong in the minds of the members, would ever submit to have its acts nullified by a board composed of half a dozen elderly lawyers. Nor would he have treated as any more reasonable the expecta¬ tion that the State tribunals, which had existed in each colony from its foundation, and had earned the respect and confidence of the people, would quietly submit to have their jurisdiction curtailed, their decisions overruled, causes torn from their calendar, and prisoners taken out of their custody by new courts of semi-foreign origin, which the State neither paid nor controlled. He would, too, very probably have been most incredulous about the prospect of the growth of loyalty on the part of New-Yorkers and Massachusetts men to a new-fangled government, which was to make itself only slightly felt in their daily lives, and was to sit a fortnight away in an improvised village in the midst of a Virginian forest. He would, too, have ridiculed the notion that State legislatures would refrain, in obedience to the Constitution) from passing any law which local sentiment strongly favoured or local convenience' plainly demanded, such as a law im¬ pairing the obligation of obnoxious contracts, or levying duties on imports or exports. The possibility that the State militia could ever be got to obey federal officers, or form an efficient part of a federal army, he would have scouted. On the feebleness of the front which federation would present to a foreign enemy he would have dwelt with emphasis, and would have pointed with confidence to the probability that in the event of a war some of the states would make terms with him or secretly favour his designs. National allegiance and local allegiance would divide and perplex the feelings of loyal citizens. Unless the national sentiment A LAWYER'S OBJECTIONS TO HOME RULE. 141 predominated—and it could not predominate without having had time to grow—the federation would go to pieces at any of those crises when the interests or wishes of any of the states conflicted with the interests or wishes of the Union. That the national sentiment could grow at all rapidly, con¬ sidering the maturity of the communities which composed the Union and the differences of origin, creed, and manners which separated them, no calm observer of human nature w'ould believe for one moment. The American Constitution is flecked throughout with those flaws which a lawyer delights to discover and point out, and which the framers of a federal contract can only excuse by maintaining that they are inevitable. It is true that Mr. Dicey does not even now acknowledge the success of the American Constitution to be complete. He points out that if the “ example either of America or of Switzer¬ land is to teach us anything worth knowing, the history of these countries must be read as a whole. It will then be seen that the two most successful confederacies in the world have been kept together only by the decisive triumph through force of arms of the central power over real or alleged State rights” (p. 192). It is odd that such objectors do not see that the decisive triumph of the central power in the late civil war in America was, in reality, a striking proof of the success of the federation. The armies which General Grant commanded, and the enormous resources in money and devotion from which he was able to draw', were the product of the Federal Union and of nothing else. One of tlie greatest arguments its founders used in its favour w'as that if once established it would supply overwhelming force for the suppression of any attempt to break it up. Tliey did not aim at setting up a government which neither foreign malice nor domestic treason would ever assail, for they knew that this w'as something beyond the reach of human endeavour. They 142 A LAIVYER'S OBJECTIONS TO HOME RULE. tried to set up one which, if attacked either from within or from without, would make a successful resistance, and we now know that they accomplished their object. Somewhat the same answer may be made to the objection, which is sup¬ posed to have fatal applicability to the case of Ireland, that among the “ special faults of federalism” is that it does not provide “sufficient protection of the legal rights of un¬ popular minorities,” and that “ the moral of it all is that the [American] Federal Government is not able to protect the rights of individuals against strong local sentiment” (p. 194 of Mr. Dicey’s book). He says, moreover, if I understand the argument rightly, that it was bound to protect free speech in the States because “ there is not and never was a word in the Articles of the Constitution forbidding American citizens to criticize the institutions of the State.” It would seem from this as if Mr. Dicey were under the impression that in America the citizen of a State has a right to do in his State whatever he is not forbidden to do by the Federal Con¬ stitution, and in doing it has a right to federal protection. But the Federal Government can only do what the Con¬ stitution expressly authorizes it to do, and the Constitution does not authorize it to protect a citizen in criticizing the institutions of his own State. This arrangement, too, is just as good federalism as the committal of free speech to federal guardianship would have been. The goodness or badness of the federal system is in no way involved in the matter. The question to what extent a minority shall rely on the federation for protection, and to what extent on its own State, is a matter settled by the contract which has created the federation. The settlement of this is, in fact, the great object of a Constitution. Until it is settled somehow, either by writing or by understanding, there is, and can be, no federation. If I, as a citizen of the State of New York, could call on the United States Government A LAWYER'S OBJECTIONS TO HOME RULE. 143 to protect me under all circumstances and against all wrongs, it would show that I was not living under a federation at all, but under a centralized republic. The reason why I have to rely on the United States for protection against some things and not against others is that it was so stipulated when the State of New York entered the Union. There is nothing in the nature of the federal system to prevent the United States Government from protecting my freedom of speech. Nor is there anything in the federal system which forbids its protecting me against the establish¬ ment of a State Church, which, as a matter of fact, it does not do. Nor is there anything in the federal system com¬ pelling the Government to protect me against the establish¬ ment of an order of nobility, which, as a matter of fact, it does do. The reason why it does not do one of these things and does the other is simply and solely that it was so stipulated, after much discussion, in the contract. Most thinking men are to-day of opinion that the United States ought to have exclusive jurisdiction of marriage, so that the law of marriage might be uniform in all parts of the Union. The reason why they do not possess such jurisdiction is not that Congress is not fully competent to pass such a law or the federal courts to execute it, but that no such jurisdiction is conferred by the Constitution. In fact it seems to me just as reasonable to cite the ease of divorce in various States of the Union as a defect in the federal system, as to cite the oppression of local minorities in matters not placed under federal authority by the organic law. If one may judge from a great deal of writing on American matters which one sees in English journals and the demands for federal interference in America in State affairs which they constantly make, the greatest difficulty Irish Home Rule has to contend with is the difficulty which men bred in a united monarchy and under an omnipotent Parliament experience in grasping what I may call the federal idea. 144 LAIVVER’S OBJECTIONS TO HOME RULE, The influence of association on their minds is so strong that they can hardly conceive of a central power, worthy of the name of a government, standing by and witnessing disorders or failures of justice in any place within its borders, without stepping in to set matters right, no matter what the Constitution may say. They remind me often of an old verger in Westminster Abbey during the American civil war who told me that “ he always knew a govern¬ ment without a head couldn’t last.” Permanence and peace were in his mind inseparably linked with kingship. That even Mr. Dicey has not been able to escape this influence appears frequently in his discussions of federalism. He, of course, thoroughly understands the federal system as a jurist, but when he comes to discuss it as a politician he has evidently some difficulty in seeing how a government with a power to enforce any commands can be restrained by contract from enforcing all commands which may seem to be expedient or salutary. Consequently the cool way in which the Federal Government here looks on at local disorders seems to him a sign, not of the fidelity of the President and Congress to the federal pact, but of some inherent weakness in the federal system. The true way to judge the federal system, however, either in the United States or elsewhere, is by observing the manner in which it has performed the duties assigned to it by the Constitution. If the Government at Washington performs these faithfully, its failure to prevent lawlessness in New York or the oppression of minorities in Connecticut is of no more consequence than its failure to put down brigandage in Macedonia. Possibly it would have been better to saddle it with greater responsibility for local peace ; but the fact is that the framers of the Constitution decided not to do so. They did not mean to set up a government which would see that every man living under it got his due. They could not have got the States to accept such a A LAWYER'S OBJECTIONS TO HOME RULE. 145 government. They meant to set up a government which should represent the nation worthily in all its relations with foreigners, which should carry on war effectively, protect life and property on the high seas, furnish a proper currency, put down all resistance to its lawful authority, and secure each State against domestic violence on the demand of its Legislature. There is no common form for federal contracts, and no rules describing what such a contract must contain in order that the Government may be federal and not Unitarian. There is no hard and fast line which must, under the federal .system, divide the jurisdiction of the central Government from the jurisdiction of eac^ State Government. The way in which the power is divided between the two must neces¬ sarily depend on the traditions, manners, aims, and needs of the people of the various localities. The federal system is not a system manufactured on a regulation model, which can be sent over the world like iron huts or steam launches, in detached pieces, to be put together when the scene of ojieration is reached. Therefore I am unable to see the force of the argument that, as the conditions under which all existing federations were established differ in some respects from those under which the proposed federal union between England and Ireland would have to be established, therefore the success of these confederations, such as it is, gives them no value as precedents. A system which might have worked very well for the New England States would not have worked well for a combination which included also the middle and southern States. And the framers of the American Constitution were not so simple-minded as to inquire, either before beginning their labours or before ending them—as Mr. Dicey would apparently have the English and Irish do—whether this or that style of consti¬ tution was “ the correct thing ” in federalism. Assuming that the people desired to form a nation as regarded the L 146 A LAWy£R'S OBJECTIONS TO HOME RULE. world outside, they addressed themselves to the task of discovering how much power the various States were willing to surrender for this purpose. That was ascertained, as far as it could be ascertained, by assembling their delegates in convention, and discussing the wishes and fears and suggestions of the different localities in a friendly and con¬ ciliatory spirit. They had no precedents to guide them. There had not existed a federal government, either in ancient or modern times, whose working’afforded an example by which the imagination or the understanding of the American people was likely to be affected in the smallest degree. They, therefore, had to strike out an entirely new path for themselves, and they ended by producing an absolutely new kind of federation, which was half Unitarian, that is, in some respects a union of states, and in others a centralized government; and it was provided for a Territory one end of which was more than a month’s distance from the other. It is not in its details, therefore, but in the manner of its construction, that the American Constitution furnishes any¬ thing in the way of guidance or suggestion to those who are now engaged in tryhig to find a modus vivendi between England and Ireland. The same thing may be said of the Swiss Constitution and of the Austro-Hungarian Consti¬ tution. Both of them contain many anomalies—that is, things that are not set down in the books as among the essentials of federalism. But both are adapted to the special wants of the people who live under them, and were framed in reference to those wants. The Austro-Hungarian Delegations are another excep¬ tion to the rule. These Delegations undoubtedly control the ministry of the Empire, or at all events do in practice displace it by their votes. It is made formally responsible to them by the Constitution. All that Mr. Dicey can say to this is that “ the real responsibility of the Ministry to the Delegations admits of a good deal of doubt,” and that, A LAIVYER’S OBJECTIONS TO HOME RULE. 147 at all events, it is not like the responsibility of Mr. Gladstone or Lord Salisbury to the British Parliament. This may be true, but the more mysterious or peculiar it is the better it illustrates the danger of speaking of any particular piece of machinery or of any particular division of power as an essential feature of a federal constitution. We are told by the critics of the Gladstonian scheme that federalism is not “ a plan for disuniting the parts of a united state.” But whether it is or not once more depends on circumstances. Federalism, like the British or French Constitution, is an arrangement intended to satisfy the people who set it up by gratifying some desire or removing some cause of discontent. If that discontent be due to unity, federalism disunites ; if it be due to disunion, federalism unites. In the case of the Austro-Hungarian Empire, for instance, it clearly is a “plan for disuniting the parts of a united state.” Austria and Hungary were united in the sense in which the opponents of Home Rule use the word for many years before 1867, but the union did not work, that is, did not produce moral as well as legal unity. A constitution was therefore invented which dis¬ unites the two countries for the purposes of domestic legislation, but leaves them united for the purposes of foreign relations. This may be a queer arrangement. Although it has worked well enough thus far, it may not continue to work well, but it does work well now. It has succeeded in converting Hungary from a discontented and rebellious province and a source of great weakness to Austria into a loyal and satisfied portion of the Empire. In other words, it has accomplished its purpose. It was not intended to furnish a symmetrical piece of federalism. It was intended to conciliate the Hungarian people. When therefore the professional federal architects make their tour of inspection and point out to the Home Ruler what flagrant departures from the correct federal model the 148 A LAWYER'S OBJECTIONS TO HOME RULE. Austro-Hungarian Constitution contains, how improbable it is that so enormous a structure can endure, and how, after all, the Hungarians have not got rid of the Emperor, who commands the army and represents the brute force of the old regime, I do not think he need feel greatly concerned. This may be all true, and yet the Austro- Hungarian federalism is a valuable thing. It has proved that the federal remedy is good for more than one disease, that it can cure both too much unity and too little. The truth is that there are only two essentials of a federal government. One is an agreement between the various communities who are to live under it as to the manner in which the power is to be divided between the general and local governments ; the other is an honest desire on the part of all concerned to make it succeed. As a general rule, whatever the parties agree on and desire to make work is likely to work, just as a Unitarian government is sure to succeed if the people who live under it determine that it shall succeed. If a federal plan be settled in the only right way, by amicable and mutually respectful discussion between representative men, all the more serious obstacles are certain to be revealed and removed. Those which are not brought to light by such discussions are pretty sure to be comparatively trifling, and to disappear before the general success of arrangement. But by a “ mutually respectful discussion ” I mean discussion in which good faith and intelligence of all concerned are acknowledged on both sides. In w'hat I have said by way of criticism of a book which may be taken as a particularly full exposition of the legal criticism that may be levelled at Mr. Gladstone’s scheme, I have not touched on the arguments against Home Rule which Mr. Dicey draws from the amount of disturbance it would cause in English political habits and arrangements. I freely admit the weight of these arguments. The task of A LAWYER'S OBJECTIONS TO HOME RULE. 149 any English statesman who gives Home Rule to Ireland in the only way in which it can be given—with the assent of the British people—will be a very arduous one. But this portion of Mr. Dicey’s book, producing, as it does, the distinctively English objections to Home rule, is to me much the most instructive, because it shows the difficulty there would be in creating the state of mind in England about any federal relation to Ireland which would be necessary to make it succeed. I do not think it an exag¬ geration to say that two-thirds of the English objections to Home Rule as federalism are unconscious expressions of dis¬ trust of Irish sincerity or intelligence thrown into the form of prophecy, and prophets, as we all know, cannot be refuted. For instance, “ the changes necessitated by federalism would all tend to weaken the power of Great Britain ” (Dicey, p. 173). The question of the command of the army could not be arranged; the Irish army could not be depended on by the Crown (p. 174); the central Government would be feeble against foreign aggression, and the Irish Parliament would give aid to a foreign enemy (pp. 176-7). Federalism would aggravate or increase instead of diminishing the actual Irish disloyalty to the Crown (pp. 179-80); the Irish e.xpectations of material prosperity from Home Rule are baseless or grossly exaggerated (p. 182); the probability is, it would produce increased poverty and hardship ; there would be frequent quarrels between the two countries over questions of nullification, secession, and federal taxation (p. 184 ); neither side would acquiesce in the decision either of the Privy Council or of any other tribunal on these questions; Home Rulers would be the first to resist these decisions (p. 185). Irish federation “ would soon generate a demand tliat the whole British Empire should be turned into a Con¬ federacy ” (p. 188). Finally, as “the one prediction which may be made with absolute confidence,” “ federalism would not generate the goodwill between England and Ireland 150 A LAWYER'S OBJECTIONS TO HOME RULE. which, could it be produced, would be an adequate compen¬ sation even for the evils and inconveniences of a federal system ” (p. 191). Now I do not myself believe these things, but what else can any advocate of Home Rule say in answer to them ? They are in their very nature the utterances of a prophet— an able, acute, and fair-minded prophet, I grant, but still a prophet—and before a prophet the wisest man has to be silent, or content himself by answering in prophecy also. What makes the sceptical frame of mind in which Mr. Dicey approaches the Home Rule question so important is not simply that it probably represents that of a very large body of educated Englishmen, but that it is one in which a federal system cannot be produced. Faith, hope, and charity are political as well as social virtues. The minute you leave the region of pure despotism and try any form of government in winch the citizen has in the smallest degree to co-operate in the execution of the laws, you have need of these virtues at every step. As soon as you give up the attempt to rule men by drumhead justice, you have to begin to trust in some degree to their intelligence, to their love of order, to their self-respect, and to their desire for material prosperity, and the nearer you get to what is called free government the larger this trust has to be. It has to be very large indeed in order to carry on such a government as that of Great Britain or of the United States; it has to be larger still in order to set up and administer a federal government. In such a government the worst that can happen is very patent. The opportunities which the best- drawn federal constitution offers for outbreaks of what Americans call “ pure cussedness ”—that is, for the in¬ dulgence of anarchical tendencies and impulses—is greater than in any other. Therefore, to set it up, or even to discuss it with any profit, your faith in the particular variety of human nature, which is to live under it, has to be great. A LAWYER'S OBJECTIONS TO HOME RULE. 151 No communities can live under it together and make it work which do not respect each other. I say respect, I do not say love, each other. The machine can be made to go a good while without love, and if it goes well it will bring love before long; but mutual respect is necessary from the first day. This is why Mr. Dicey’s book is discouraging. The arguments which he addressed to Englishmen would not, I think, be formidable but for the mood in which he finds Englishmen, and that this mood makes against Home Rule there can be little doubt. I am often asked by Americans why the English do not call an Anglo-Irish convention in the American fashion, and discuss the Irish question with the Irish, find out exactly what they will take to be quiet, and settle with them in a rational way. I generally answer that, in the first place, a convention is a constitution-making agency with which the English public is totally unfamiliar, and that, in the second place, Englishmen’s temper is too imperial, or rather impe¬ rious, to make the idea of discussion on equal terms with the Irish at all acceptable. They are, in fact, so far from any such arrangement that—preposterous and even funny as it seems to the American mind—to say that an English states¬ man is carrying on any sort of communication with the representatives of the Irish people is to bring against him, in Engli.sh eyes, a very damaging accusation. When a man like Mr. Matthew Arnold writes to the Times to contend that Englishmen should find out what the Irish want solely for the purpose of not letting them have it, and a journal like the Spectator maintains that the sole excuse for extend¬ ing the suffrage in Ireland, as it has lately been extended in England, Avas that the Irish as a minority would not be able to make any effective use of it; and when another political philosopher writes a long and very solemn letter in which, while conceding that in governing Ireland a sympathetic regard for Irish feelings and interests should IS2 A LAIVYER'S OBJECTIONS TO HOME RULE. be displayed, he mentions, as one of the leading fiicts of the situation, that in “the Irish character there is a grievous lack of independence, of self-respect, of courage, and above all of truthfulness ”—when men of this kind talk in this way, it is easy to see that the mental and moral con¬ ditions necessary to the successful formation of a federal union are still far off. No federal government, and no government requiring loyalty and fidelity for its successful working, was ever set up by, cu" even discussed between, two parties, one of which thought the other so unreasonable that it should be carefully denied everything it asked for and as unfit for any sort of political co-operation as mendacity, cowardice, and slavishness could make it. Finally let me say that there is nothing in Mr. Dicey’s book which has surprised me more, considering with what singular intellectual integrity he attacks every point, than his failure to make any mention or to take any account of the large part which time and experience must necessarily play in bringing to perfection any political arrangement which is made to order, if I may use the expression, no matter how carefully it may be drafted. Hume says on this point with great wisdom, “ To balance the large state or society, whether monarchical or republican, on general laws, is a work of so great difficulty, that no human genius, however comprehensive, is able by the mere dint of reason or reflection, to effect it. The judgments of many must unite in the work, experience must guide their labour, time must bring it to perfection, and the feeling of inconveniences must correct the mistakes which they inevitably fall into in their first trial and experiments.” * ; This has proved true of the American and Swiss federa¬ tions ; it will probably prove true of the Austro-Hungarian federation and of any that may be set up by Great Britian and her colonies. It will prove still more true of any * Essay on the Rise and Progress of the Arts and Sciences. A LAiyVER’S OBJECTIONS TO HOME RULE. 153 attempt that may be made at federation between Great Britain and Ireland. No corrections which could be made in the Gladstonian or any other constitution would make it work exactly on the lines laid down by its framers. Even if it were revised in accordance with Mr. Dicey’s criticism, it would probably be found, as in the case of the American Constitution, that few of the dangers which were most feared for it had beset it, and that some of the inconveniences which were most distinctly foreseen as likely to arise from it were among the things which had materially contributed to its success. History is full of the gentle ridicule which the course of events throws on statesmen and philosophers. THE UNIONIST" CASE EOR HOSIE RULE. By R. Barry O’Brien. I AM often asked, What are the best books to read on the Irish question ? and I never fail to mention Mr. Becky’s Leaders of Piihlic Opinion hi Ireland and the History of England in the Eighteenth Ccntujy; Mr. Goldwin Smith’s Irish History and Irish Character., Three English Statesmen, The Irish Question, and Professor Dicey’s admi¬ rable work, Englands Case against Home Rule. Indeed, the case for Home Rule, as stated in these books, is unanswerable; and it I'edounds to the credit of Mr. Becky, Mr. Goldwin Smith, and Mr. Dicey that their narrative of facts should in no wise be prejudiced by their political opinions. That their facts are upon one side and their opinions on the other is a minor matter. Their facts, I venture to assert, have made more Home Rulers than their opinions can unmake. To put this assertion to the test I propose to quote some extracts from the works above mentioned. These extracts shall be full and fair. Nothing shall be left out that can in the slightest degree qualify any statement of fact in the context. Arguments will be omitted, for I wish to place facts mainly before my readers. From these facts THE “UNIONIST" CASE FOR HOME RULE. 155 they can draw their own conclusions. Neither shall I take up space with comments of my own. I shall call my witnesses and let them speak for themselves. I.— Mr. Lecky. In the introduction to the new edition of the Leaders of Piihlic Opinio?i in Ireland, published in 1871—sevent}'- one years after Mr. Pitt’s Union, which was to make England and Ireland one nation—we find the following “ contrast ” between “ national life ” in the two countries ;— “ There is, perhaps, no Government in the world vdiich succeeds more admirably in the functions of eliciting, sustaining, and directing public opinion than that of England. It does not, it is true, escape its full share of hostile criticism, and, indeed, rather signally illustrates the saying of Bacon, that ‘the best Governments are always subject to be like the finest crystals, in which every icicle and grain is seen which in a fouler stone is never per¬ ceived ; ’ but whatever charges may be brought against the balance of its powers, or against its legislative efficiency, few men will question its eminent success as an organ of public opinion. In England an even disproportionate amount of the national talent takes the direction of politics. The pulse of an energetic national life is felt in every quarter of the land. The debates of Parliament are followed with a warm, constant, and intelligent interest by all sections of the community. It draws all classes within the circle of political interests, and is the centre of a strong and steady patriotism, equally removed from the apathy of many Continental nations in time of calm, and from their feverish and spasmodic energy in time of excitement. Its decisions, if not instantly accepted, never fail to have a profound and calming influence on the public mind. It is the safety-valve of the nation. The discontents, the 156 THE “ UNIONIST" CASE FOR HOME RULE. suspicions, the peccant humours that agitate the people, find there their vent, their resolution, and their end. “It is impossible, I think, not to be struck by the con¬ trast which, in this respect, Ireland presents to England. If the one country furnishes us with an admirable example of the action of a healthy public opinion, the other supplies us with the most unequivocal signs of its disease. The Imperial Parliament exercises for Ireland legislative functions, but it is almost powerless upon opinion—it allays no dis¬ content, and attracts no affection. Political talent, which for many years was at least as abundant among Irishmen as in any equally numerous section of the people, has been steadily declining, and marked decadence in this respect among the representatives of the nation reflects but too truly the absence of public spirit in their constituents. “ The upper classes have lost their sympathy with and their moral ascendency over their tenants, and are thrown for the most part into a policy of mere obstruction. The genuine national enthusiasm never flows in the channel of imperial politics. With great multitudes sectarian con¬ siderations have entirely superseded national ones, and their representatives are accustomed systematically to subordinate all party and all political questions to ecclesiastical interests; and while calling themselves Liberals, they make it the main object of their home politics to separate the different classes of their fellow-countrymen during the period of their education, and the main object of their foreign policy to support the temporal power of the Pope. With another and a still larger class the prevailing feeling seems to be an indifference to all Parliamentary proceedings; an utter scepticism about constitutional means of realizing their ends; a blind, persistent hatred of England. Every cause is taken up with an enthusiasm exactly proportioned to the degree in which it is supposed to be injurious to English interests. An amount of energy and enthusiasm which if THE “ UNIONIST" CASE FOR HOME RULE. 157 rightly directed would suffice for the political regeneration of Ireland is wasted in the most insane projects of dis¬ loyalty; while the diversion of so much public feeling from Parliamentary politics leaves the Parliamentary arena more and more open to corruption, to place-hunting, and to imposture. “This picture is in itself a very melancholy one, but there are other circumstances which greatly heighten the effect. In a very ignorant or a very wretched population it is natural that there should be much vague, unreasoning dis¬ content; but the Irish people are at present neither wretched nor ignorant. Their economical condition before the famine was, indeed, such that it might well have made reasonable men despair. With the land divided into almost microscopic farms, with a population multiplying rapidly to the extreme limits of subsistence, accustomed to the very lowest standard of comfort, and marrying earlier than in any other northern country in Europe, it was idle to look for habits of independence or self-reliance, or for the culture which follows in the train of leisure and comfort. But all this has been changed. A fearful famine and the long- continued strain of emigration have reduced the nation from eight millions to less than five, and have effected, at the price of almost intolerable suffering, a complete economical revolution. The population is now in no degree in excess of the means of subsistence. The rise of wages and prices has diffused comfort through all classes. , . . Probably no country in Europe has advanced so rapidly as Ireland within the last ten years, and the tone of cheerfulness, the improvement of the houses, the dress, and the general condition of the people must have struck every observer.* ... If industrial improvement, if the rapid * Omissions here and elsewhere are merely for purposes of space. In some places the omitted parts would strengthen the Irish case ; in no place would they weaken it. 158 THE “ UNIONIST" CASE FOR HOME RULE. increase of material comforts among the poor, could allay political discontent, Ireland should never have been so loyal as at present. “ Nor can it be said that ignorance is at the root of the discontent. I'he Irish people have always, even in the darkest period of the penal laws, been greedy for knowledge, and few races show more quickness in acquiring it. The admirable system of national education established in the present century is beginning to bear abundant fruit, and, among the younger generation at least, the level of know¬ ledge is quite as high as in England. Indeed, one of the most alarming features of Irish disloyalty is its close and evident connection with education. It is sustained by a cheap literature, written often with no mean literary skill, which penetrates into every village, gives the people their first political impressions, forms and directs their enthusiasm, and seems likely in the long leisure of the pastoral life to exercise an increasing power. Close observers of the Irish character will hardly have failed to notice the great change which since the famine has passed over the amusements of the people. The old love of boisterous out-of-door sports has almost disappeared, and those who would have once sought their pleasures in the market or the fair now gather in groups in the public-house, where one of their number reads out a Fenian newspaper. Whatever else thischange may portend, it is certainly of no good omen for the future loyalty of the people. “ It was long customary in England to underrate this disaffection by ascribing it to very transitory causes. The quarter of a century that followed the Union was marked by almost perpetual disturbance; but this it was said was merely the natural ground swell of agitation which followed a great reform. It was then the popular theory that it was the work of O’Connell, who was described during many years as the one obstacle to the peace of Ireland, and whose death THE “ UNIONIST" CASE FOR HOME RULE. 159 was made the subject of no little congratulation, as though Irish discontent had perished with its organ. It was as if, the ^olian harp being shattered, men wrote an epitaph upon the wind. Experience has abundantly proved tlie folly of such theories. Measured by mere chronology, a little more than seventy years have passed since the Union, but famine and emigration have compressed into these years the work of centuries. The character, feelings, and con¬ ditions of the people have been profoundly altered. A long course of remedial legislation has been carried, and during many years the national party has been without a leader and without a stimulus. Yet, so far from subsiding, dis¬ loyally in Ireland is probably as extensive, and is certainly as malignant, as at the death of O’Connell, only in many respects the public opinion of the country has palpably deteriorated. O’Connell taught an attachment to the con¬ nection, a loyalty to the crown, a respect for the rights of property, a consistency of Liberalism, which we look for in vain among his successors; and that faith in moral force and constitutional agitation which he made it one of his greatest objects to instil into the people has almost vanished with the failure of his agitation.”* Few Irish Nationalists have drawn a weightier indictment against the Union than this. After a trial of seventy years, Mr. Lecky sums up the case against the Union in these pregnant sentences:— “The Imperial Parliament allays no discontent, and attracts no affection ; ” “ The genuine national enthu¬ siasm never flows in the channel of imperial politics; ” the people have “an utter scepticism about constitutional means of realizing their ends,” and are imbued with “a blind, persistent hatred of England.” Worse still, neither the material progress of the country, nor the education of * Lccky, Leaders of Puldie Opinion in Ireland, new edit. (1S71), Introduction, pp. viii., xiv. i6o THE “ UNIONIST" CASE FOR HOME RULE. the people, has reconciled them to the Imperial Parliament. Indeed, their disloyalty has increased with their prosperity and enlightenment. This is the story which Mr. Lecky has to tell. But why are the Irish disloyal ? Mr. Lecky shall answer the question. “ The causes of this deep-seated disaffection I have endeavoured in some degree to investigate in the following essays. To the merely dramatic historian the history of Ireland will probably appear less attractive than that of most other countries, for it is somewhat deficient in great charac¬ ters and in splendid episodes; but to a philosophic student of history it presents an interest of the very highest order. In no other history can we trace more clearly the chain of causes and effects, the influence of past legislation, not only upon the material condition, but also upon the character of a nation. In no other history especially can we investigate more fully the evil consequences which must ensue from disregarding that sentiment of nationality which, whether it be wise or foolish, whether it be desirable or the reverse, is at least one of the strongest and most enduring of human passions. This, as I conceive, lies at the root of Irish discontent. It is a question of nationality as truly as in Hungary or in Poland. Special grievances or anomalies may aggravate, but do not cause it, and they become formidable only in as far as they are connected with it. What discontent was felt against the Protestant Established Church was felt chiefly because it was regarded as an English garrison sustaining an anti-national system ; and the agrarian difficulty never assumed its full intensity till by the repeal agitation the landlords had been politically alienated from the people.” * Let those who imagine that the Irish question can be * Lecky, Leaders of Tublic Opinion in Ireland, new edit. (1S71), Introduction, pp. xiv., xv. THE “ UNIONIST" CASE FOR HOME RULE. i6i completely settled by the redress of material grievances take those words to heart. But, it is said, Scotch national sentiment is as strong as Irish, why should not a legislative union be as acceptable to Ireland as to Scotland ? ^ Mr. Lecky shall answer this question too. “It is hardly possible to advert to the Scotch Union, without pausing for a moment to examine why its influence on the loyalty of the people should have ultimately been so much happier than that of the legislative union which, nearly a century later, was enacted between England and Ireland. A very slight attention to the circumstances of the case will explain the mystery, and will at the same time show the extreme shallowness of those theorists who can only account for it by reference to original peculiarities of national character. The sacrifice of a nationality is a measure which naturally produces such intense and such enduring discontent that it never should be exacted unless it can be accompanied by some political or material advantages to the lesser country that are so great and at the same time so evident as to prove a corrective. Such a corrective in the case of Scotland, was furnished by the commercial clauses. The Scotch Parliament was very arbitrary and corrupt, and by no means a faithful represen¬ tation of the people. The majority of the nation were certainly opposed to the Union, and, directly or indirectly, it is probable that much corruption was employed to effect it; but still the fact remains that by it one of the most ardent wishes of all Scottish patriots was attained, that there had been for many years a powerful and intelligent minority who were prepared to purchase commercial freedom even at the expense of the fusion of legislatures, and that in consequence of the establishment of free trade the next generation of Scotchmen witnessed an increase of material M 162 THE “ UNIONIST'' CASE FOR HOME RULE. well-being that was utterly unprecedented in the history of their country. Nothing equivalent took place in Ireland. The gradual abolition of duties between England and Ireland was, no doubt, an advantage to the lesser countr}', but the whole trade to America and the other English colonies had been thrown open to Irishmen between 1775 and 1779. Irish commerce had taken this direction; the years between 1779 and the rebellion of 1798 were probably the most prosperous in Irish history, and the generation that followed the Union was one of the most miserable. The sacrifice of nationality was extorted by the most enormous corruption in the history of representa¬ tive institutions. It was demanded by no considerable section of the Irish people. It was accompanied by no signal political or material benefit that could mitigate or counter¬ act its unpopularity, and it was effected without a dissolu¬ tion, in opposition to the votes of the immense majority of the representatives of the counties and considerable towns, and to innumerable addresses from every part of the country. Can any impartial man be surprised that such a measure, carried in such a manner, should have proved unsuccessful ? ” * In the Leaders of Public Opi 7 iion in Ireland Mr. Lecky traces the current of events which have led to the present situation. He shows how the Treaty of Limerick was shame¬ lessly violated, and how the native population was oppressed and degraded. “The position of Ireland was at this time [1727] one of the most deplorable that can be conceived. . . . The Roman Catholics had been completely prostrated by the battle of the Boyne and by the surrender of Ifimerick. They had stipulated indeed for religious liberty, but the * Lecky, Hisloty of England iti the Eighteenth Century, vol. ii, pp. 59> 60, THE “ UNIONIST" CASE FOR HOME RULE. 163 Treaty of Limerick was soon shamelessly violated, and it found no avengers. Sarsfield and his brave companions had abandoned a country where defeat left no opening for their talents, and had joined the Irish Brigade which had been formed in the service of France. . . . But while the Irish Roman Catholics abroad found free scope for their ambition in the service of France, those who remained at home had sunk into a condition of utter degradation. All Catholic energy and talent had emigrated to foreign lands, and penal laws of atrocious severity crushed the Catholics who remained.” * Mr. Lecky’s account of these “ penal laws ” is upon the whole, I think, the best that has been written. “ The last great Protestant ruler of England was William III., who is identified in Ireland with the humilia¬ tion of the Boyne, with the destruction of Irish trade, and with the broken Treaty of Limerick. The ceaseless exertions of the extreme Protestant party have made him more odious in the eyes of the people than he deserves to be; for he was personally far more tolerant than the great majority of his contemporaries, and the penal code was chiefly enacted under his successors. It required, indeed, four or five reigns to elaborate a system so ingeniously contrived to demoralize, to degrade, and to impoverish the people of Ireland. By this code the Roman Catholics were absolutely excluded from the Parliament, from the magistracy, from the corporations, from the bench, and from the bar. They could not vote at Parliamentary elections or at vestries ; they could not act as constables, or sheriffs, or jurymen, or serve in the army or navy, or become solicitors, or even hold the positions of gamekeeper or watchman. Schools were established to bring up their children as Protestants; and if they refused to avail themselves of these, they were deliberately assigned to hopeless ignorance, being excluded * Leaders of Public Opinion, pp. 33, 34. i64 the “ UNIONIST" CASE FOR HOME RULE. from the university, and debarred, under crushing penalties, from acting as schoolmasters, as ushers, or as private tutors, or from sending their children abroad to obtain the instruction they were refused at home. They could not marry Protestants, and if such a marriage were celebrated it was annulled by law, and the priest who officiated might be hung. They could not buy land, or inherit or receive it as a gift from Protestants, or hold life-annuities, or leases for more than thirty-one years, or any lease on such terms that the profits of the land exceeded one-third of the rent. If any Catholic leaseholder by his industry so increased his profits that they exceeded this proportion, and did not immediately make a corresponding increase in his payments, any Protestant who gave the information could enter into possession of his farm. If any Catholic had secretly pur¬ chased either his old forfeited estate, or any other land, any Protestant who informed against him might become the proprietor. The few Catholic landowners who remained were deprived of the right which all other classes possessed of bequeathing their lands as they pleased. If their sons continued Catholics, it was divided equally between them. If, however, the eldest son consented to apostatize, the estate was settled upon him, the father from that hour became only a life-tenant, and lost all power of selling, mortgaging, or otherwise disposing of it. If the wife of a Catholic abandoned the religion of her husband, she was immediately free from his control, and the Chancellor was empowered to assign to her a certain proportion of her husband’s property. If any child, however young, professed itself a Protestant, it was at once taken from the father’s care, and the Chancellor could oblige the father to declare upon oath the value of his property, both real and personal, and could assign for the present maintenance and future portion of the converted child such proportion of that property as the court might decree. No Catholic could be THE “ UNIONIST" CASE FOR HOME RULE. 165 guardian either to his own children or to those of another person; and therefore a Catholic who died while his children were minors had the bitterness of reflecting upon his death-bed that they must pass into the care of Protes¬ tants. An annuity of from twenty to forty pounds was provided as a bribe for every priest who would become a Protestant. To convert a Protestant to Catholicism was a capital offence. In every walk of life the Catholic was pursued by persecution or restriction. Except in the linen trade, he could not have more than two apprentices. He could not possess a horse of the value of more than five pounds, and any Protestant, on giving him five pounds, could take his horse. He was compelled to pay double to the militia. He was forbidden, except under particular con¬ ditions, to live in Galway or Limerick. In case of war with a Catholic power, the Catholics were obliged to reimburse the damage done by the enemy’s privateers. The Legisla¬ ture, it is true, did not venture absolutely to suppress their worship, but it existed only by a doubtful connivance— stigmatized as if it were a species of licensed prostitution, and subject to conditions which, if they had been enforced, would have rendered its continuance impossible. An old law which prohibited it, and another which enjoined attendance at the Anglican worship, remained unrepealed, and might at any time be revived; and the former was, in fact, enforced during the Scotch rebellion of 1715. The parish priests, who alone were allowed to officiate, were compelled to be registered, and were forbidden to keep curates or to officiate anywhere except in their own parishes. The chapels might not have bells or steeples. No crosses might be publicly erected. Pilgrimages to the holy wells were forbidden. Not only all monks and friars, but also all Catholic archbishops, bishops, deacons, and other digni¬ taries, were ordered by a certain day to leave the country; and if after that date they were found in Ireland they were i66 THE “ UNIONIST'' CASE FOR HOME RULE. liable to be first imprisoned and then banished; and if after that banishment they returned to discharge their duty in their dioceses, they were liable to the punishment of death. To facilitate the discovery of offences against the code, two justices of the peace might at any time compel any Catholic of eighteen years of age to declare when and where he last heard Mass, what persons were present, and who officiated; and if he refused to give evidence they might imprison him for twelve months, or until he paid a fine of twenty pounds. Any one who harboured ecclesiastics from beyond the seas was subject to fines which for the third offence amounted to confiscation of all his goods. A graduated scale of rewards was offered for the discovery of Catholic bishops, priests, and schoolmasters; and a resolution of the House of Commons pronounced ‘the prosecuting and informing against Papists ’ ‘ an honourable service to the Government.’ “Such were the principal articles of this famous code —a code which Burke truly described as ‘ well digested and well disposed in all its parts; a machine of wise and elaborate contrivance, and as well fitted for the oppression, im¬ poverishment, and degradation of a people, and the debase¬ ment in them of human nature itself, as ever proceeded from the perverted ingenuity of man.’ ” * The effects of these laws Mr. Lecky has described thus : “The economical and moral effects of the penal laws M'ere, however, profoundly disastrous. The productive energies of the nation were fatally diminished. Almost all Catholics of energy and talent who refused to abandon their faith emigrated to foreign lands. The relation of classes was permanently vitiated ; for almost all the proprietary of the country belonged to one religion, while the great majority of their tenants were of another. The Catholics, excluded from almost every possibility of eminence, deprived of their natural leaders, and consigned by the Legislature to utter * Leaders of Public Opinion, pp. 120-123. THE “ UNI 0 N 1 S 7 ” CASE FOR HOME RULE. 167 ignorance, soon sank into the condition of broken and dispirited helots. A total absence of industrial virtues, a cowering and abject deference to authority, a recklessness about the future, a love of secret illegal combinations, became general among them. Above all, they learned to regard law as merely the expression of force, and its moral weight was utterly destroyed. For the greater part of a century, the main object of the Legislature was to extirpate a religion by the encouragement of the worst and the punishment of some of the best qualities of our nature. Its rewards were reserved for the informer, for the hypocrite, for the undutiful son, or for the faithless wife. Its penalties were directed against religious constancy and the honest discharge of ecclesiastical duty. “It would, indeed, be scarcely possible to conceive a more infamous system of legal tyranny than that which in the middle of the eighteenth century crushed every class and almost every interest in Ireland.” * But laws were not only passed against the native race and the national religion. Measures were taken to destroy the industries of the country, and to involve natives and colonists, Protestants and Catholics, in common ruin. Mr. Lecky shall tell the story. “ The commercial and industrial condition of the country was, if possible, more deplorable than its political condition, and was the result of a series of English measures which for deliberate and selfish tyranny could hardly be surpassed. Until the reign of Charles II. the Irish shared the commercial privileges of the English ; but as the island had not been really conquered till the reign of Elizabeth, and as its people were till then scarcely removed from barbarism, the progress was necessarily slow. In the early Stuart reigns, however, comparative repose and good government were followed by a sudden rush of prosperity. * Leaders of rtthUc Ophiiou, pp. 125, 126. i68 THE “ UNIONIST” CASE FOE HOME RULE. The land was chiefly pasture, for which it was admirably adapted ; the export of live cattle to England was carried on upon a large scale, and it became a chief source of Irish wealth. The English landowners, however, took the alarm. They complained that Irish rivalry in the cattle market was reducing English rents; and accordingly, by an Act which was first passed in 1663, and was made perpetual in 1666, the importation of cattle into England was forbidden. “ The effect of a measure of this kind, levelled at the principal article of the commerce of the nation, was neces¬ sarily most disastrous. The profound modification which it introduced into the course of Irish industry was sufficiently shown by the estimate of Sir W. Petty, who declares that before the statute three-fourths of the trade of Ireland was with England, but not one-fourth of it since that time. In the very year when this Bill was passed another measure was taken not less fatal to the interest of the country. In the first Navigation Act, Ireland was placed on the same terms as England ; but in the Act as amended in 1663 she was omitted, and was thus deprived of the whole Colonial trade. With the exception of a very few specified articles no European merchandise could be imported into the British Colonies except directly from England, in ships built in England, and manned chiefly by English sailors. No articles, with a few exceptions, could be brought from the Colonies to Europe without being first unladen in England. In 1670 this exclusion of Ireland was confirmed, and in 1696 it was rendered more stringent, for it was enacted that no goods of any sort could be imported directly from the Colonies to Ireland. It will be remembered that at this time the chief British Colonies were those of America, and that Ireland, by her geographical position, was naturally of all countries most fitted for the American trade. “ As far, then, as the Colonial trade was concerned, Ireland at this time gained nothing whatever by her con- THE “ UNIONIST" CASE FOR HOME RULE. 169 nection with England. To other countries, however, her ports were still open, and in time of peace a foreign commerce was unrestricted. When forbidden to export their cattle to England, the Irish turned their land chiefly into sheep-walks, and proceeded energetically to manufacture the wool. Some faint traces of this manufacture may be detected from an early period, and Lord Strafford, when governing Ireland, had mentioned it with a characteristic comment. Speaking of the Irish he says, ‘ There was little or no manufactures amongst them, but some small beginnings towards a cloth trade, which I had and so should still dis¬ courage all I could, unless otherwise directed by His Majesty and their Lordships. It might be feared that they would beat us out of the trade itself by underselling us, which they were able to do.’ With the exception, however, of an abortive effort by this governor, the Irish wool manu¬ facture was in.no degree impeded, and was indeed mentioned Avith special favour in many Acts of Parliament; and it was in a great degree on the faith of this long-continued legis¬ lative sanction that it was so greatly expanded. The poverty of Ireland, the low state of civilization of a large proportion of its inhabitants, the effects of the civil wars which had so recently convulsed it, and the exclusion of its products from the English Colonies, were doubtless great obstacles to manufacturing enterprise; but, on the other hand, Irish wool was very good, living was cheaper, taxes were lighter than in England, a spirit of real industrial energy began to pervade the country, and a considerable number of English manufacturers came over to colonize it. There appeared for a time every probability that the Irish would become an industrial nation, and, had manufactures arisen, their whole social, political, and economical condition would have been changed. But English jealousy again interposed. By an Act of crushing and unprecedented severity, which was introduced in 1698 and carried in 1699, 170 THE “ UNIOAVST^’ CASE FOE HOME RULE. the export^of the Irish woollen manufactures, not only to England, but also to all other countries, was absolutely forbidden. “ The effects of this measure were terrible almost beyond conception. The main industry of the country was at a blow completely and irretrievably annihilated. A vast population was thrown into a condition of utter destitution. Several thousands of manufacturers left the country, and carried their skill and enterprise to Germany, France, and Spain. The western and southern districts of Ireland are said to have been nearly depopulated. Emigration to America began on a large scale, and the blow was so severe that long after, a kind of chronic famine prevailed.” * Mr. Lecky relates with pride how the penal code was relaxed, and the commercial restrictions were removed, while the Irish Parliament, essentially a Protestant and landlord body, still existed, and shows how the cause of Catholic Emancipation was retarded by the Union. “ The Relief Bill of ’93 naturally suggests a coiisideration of the question so often agitated in Ireland, whether the Union was really a benefit to the Roman Catholic cause. It has been argued that Catholic Emancipation was an im¬ possibility as long as the Irish Parliament lasted; for in a country where the great majority were Roman Catholics, it would be folly to expect the members of the dominant creed to surrender a monopoly on which their ascendency depended. The arguments against this view are, I believe, overwhelming. The injustice of the disqualification was far more striking before the Union than after it. In the one case, the Roman Catholics were excluded from the Parliament of a nation of which they were the great majority; in the other, they were excluded from the Parliament of an empire in which they were a small minority. Grattan, Plunket, Curran, Burrowes, and Ponsonby were the great supporters of Leaders of Public Opinion, jjp. 34-37. THE “ UNIONIST" CASE FOR HOME RULE. 171 Catholic Emancipation, and the great opponents of the Union. Clare and Duigenan were the two great opponents of emancipation, and the great supporters of the Union. At a time when scarcely any public opinion existed in Ireland, when the Roman Catholics were nearly quiescent, and when the leaning of Government was generally liberal, the Irish Protestants admitted their fellow-subjects to the magistracy, to the jury-box, and to the franchise. By this last measure they gave them an amount of political power which necessarily implied complete emancipation. Even if no leader of genius had arisen in the Roman Catholic ranks, and if no spirit of enthusiasm had animated their councils, the influence possessed by a body who formed three-fourths of the population, who were rapidly rising in wealth, and who could send their representatives to Parliament, would have been sufficient to ensure their triumph. If the Irish Legislature had continued, it would have been found impossible to resist the demand for reform; and every reform, by diminishing the overgrown power of a few Protestant landholders, would have increased that of the Roman Catholics. The concession accorded in 1793 was, in fact, far greater and more important than that accorded in 1829, and it placed the Roman Catholics, in a great measure, above the mercy of Protestants. But this was not all. The sympathies of the Protestants were being rapidly enlisted in their behalf. The generation to which Charle- mont and Flood belonged had passed away, and all the leading intellects of the country, almost all the Opposition, and several conspicuous members of the Government, were warmly in favour of emancipation. The rancour which at present exists between the members of the two creeds appears then to have been almost unknown, and the real obstacle to emancipation was not the feelings of the people, but the policy of the Government. The Bar may be con¬ sidered on most subjects a very fair expoi snt of the educated 172 THE “ UNIONIST” CASE FOE HOME RULE. opinion of the nation; and Wolf Tone observed, in 1792,' that it was almost unanimous in favour of the Catholics ; and it is not without importance, as showing the ten¬ dencies of the rising generation, that a large body of the students of Dublin University in 1795 presented an address to Grattan, thanking him for his labours in the cause. The Roman Catholics were rapidly gaining the public opinion of Ireland, when the Union arrayed against them another public opinion which was deeply prejudiced against their faith, and almost entirely removed from their influence. Compare the twenty years before the Union with the twenty years that followed it, and the change is sufficiently manifest. There can scarcely be a question that if Lord Fitzwilliam had remained in office the Irish Parliament would readily have given emancipation. In the United Parliament for many years it was obstinately rejected, and if O’Connell had never arisen it would probably never have been granted unqualified by the veto. In 1828 when the question was brought forward in Parliament, sixty-one out of ninety-three Irish members, forty-five out of sixty-one Irish county members, voted in its favour. Year after year Grattan and Plunket brought forward the case of their fellow-country¬ men with an eloquence and a perseverance worthy of their great cause; but year after year they were defeated. It was not till the great tribune had arisen, till he had moulded his co-religionists into one compact and threatening mass, and had brought the country to the verge of revolution, that the tardy boon was conceded. Eloquence and argu¬ ment proved alike unavailing when unaccompanied by menace, and Catholic Emancipation was confessedly granted because to withhold it would be to produce a rebellion.” * Many people will think that this is a sufficiently weighty condemnation of the Union, but what follows is a still graver reflection-on that untoward measure. * Leaders of Ptihlic Ofinion, pp. I 34 -I 37 > THE “ UNIONIST" CASE FOR HOME RULE. 173 “ In truth the harmonious co-operation of Ireland with England depends much less upon the framework of the institutions of the former country than upon the disposi¬ tions of its people and upon the classes who guide its political life. With a warm and loyal attachment to the connection pervading the nation, the largest amount of self- government might be safely conceded, and the most defective political arrangement might prove innocuous. This is the true cement of nations, and no change, however plausible in theory, can be really advantageous which contributes to diminish it. Theorists may argue that it would be better for Ireland to become in every respect a province of England; they may contend that a union of Legislatures, accom¬ panied by a corresponding fusion of characters and iden¬ tification of hopes, interests, and desires, would strengthen the empire; but as a matter of fact this was not what was effected in 1800. The measure of Pitt centralized, but it did not unite, or rather, by uniting the Legislatures it divided the nations. In a country where the sentiment of nationality was as intense as in any part of Europe, it destroyed the national Legislature contrary to the manifest wish of the people, and by means so corrupt, treacherous, and shameful that they are never likely to be forgotten. In a country where, owing to the religious difference, it was peculiarly necessary that a vigorous lay public opinion should be fostered to dilute or restrain the sectarian spirit, it suppressed the centre and organ of political life, directed the energies of the community into the channels of sec¬ tarianism, drove its humours inwards, and thus began a perversion of public opinion which has almost destroyed the elements of political progress. In a country where the people have always been singularly destitute of self-reliance, and at the same time eminently faithful to their leaders, it withdrew the guidance of affairs from the hands of the resident gentry, and, by breaking their power, prepared the 174 the “ UNIONIST'-' CASE TOR HOME RULE. ascendency of the demagogue or the rebel. In two plain ways it was dangerous to the connection : it incalculably increased the aggregate disloyalty of the people, and it destroyed the political supremacy of the class that is most attached to the connection. The Irish Parliament, with all its faults, was an eminently loyal body. The Irish people through the eighteenth century, in spite of great provocations, were on the whole a loyal people till the recall of Lord Fitzwilliam, and even then a few very moderate measures of reform might have reclaimed them. Burke, in his Letters on a Regicide Peace, when reviewing the elements of strength on which England could confide in her struggle with revolutionary France, placed in the very first rank the co-operation of Ireland. At the present day, it is to be feared that most impartial men would regard Ireland, in the event of a great European war, rather as a source of weakness than of strength. More than seventy years have passed since the boasted measure of Pitt, and it is unfortunately incontestable that the lower orders in Ireland are as hostile to the system of government under which they live as the Hungarian people have ever been to Austrian, or the Roman to Papal rule ; that Irish disloyalty is multiplying enemies of England wherever the English tongue is spoken; and that the national sentiment runs so strongly that multitudes of Irish Catholics look back with deep affection to the Irish Parliament, although no Catholic could sit within its walls, and although it was only during the last seven years of its independent existence that Catholics could vote for its members. Among the opponents of the Union were many of the most loyal, as well as nearly all the ablest men in Ireland ) and Lord Charlemont, who died shortly before the measure was consummated, summed up the feelings of many in the emphatic sentence with which he protested against it. ‘ It would more than any other measure,’ he said, ‘ contribute to the separation of two THE “ UNIONIST" CASE FOR HOME RULE. 175 countries the perpetual connection of which is one of the warmest wishes of my heart’ “In fact, the Union of 1800 was not only a great crime, but was also, like most crimes, a great blunder. The manner in which it was carried was not only morally scandalous; it also entirely vitiated it as a work of statesmanship. No great political measure can be rationally judged upon its abstract merits, and without considering the character and the wishes of the people for whom it is intended. It is now idle to discuss what might have been the effect of a Union if it had been carried before 1782, when the Parliament was still unemancipated; if it had been the result of a spontaneous movement of public opinion ; if it had been accompanied by the emancipation of the Catholics. Carried as it wi7s prematurely, in defiance of the national sentiment of the people and of the protests of the unbribed talent of the country, it has deranged the whole course of political development, driven a large proportion of the people into sullen disloyalty, and almost destroyed healthy public opinion. In comparing the abundance of political talent in Ireland during the last century with the striking absence of it at jiresent, something no doubt may be attributed to the absence of protection for literary property in Ireland in the former period, which may have directed an unusual portion of the national talent to politics, and something to the Colonial and Indian careers which have of late years been thrown open to competition; but when all due allow¬ ances have been made for these, the contrast is sufficiently impressive. Few impartial men can doubt that the tone of political life and the standard of political talent have been lowered, while sectarian animosity has been greatly increased, and the extent to which Fenian principles have permeated the people is a melancholy comment upon the prophesies that the Union would put an end to disloyalty in Ireland.” * * Leaders of Ptiblic Opinion, pp. 192-195. 176 THE “ UNIONIST" CASE FOR HOME RULE. Mr. Lecky’s views as to what ought to have been done in 1800 deserve to be set forth. “ While, however, the Irish policy of Pitt appears to be both morally and politically deserving of almost unmiti¬ gated condemnation, I cannot agree with those who believe that the arrangement of 1782 could have been permanent. The Irish Parliament would doubtless have been in time re¬ formed, but it would have soon found its situation intoler¬ able. Imperial policy must necessarily have been settled by the Imperial Parliament, in which Ireland had no voice; and, unlike Canada or Australia, Ireland is profoundly affected by every change of Imperial policy. Connection with England was of overwhelming importance to the lesser country, while the tie uniting them would have been found degrading by one nation and inconvenient to the other. Under such circumstances a Union of some kind was inevitable. It was simply a question of time, and must have been de¬ manded by Irish opinion. At the same time, it would not, I think, have been such a Union as that of 1800. The conditions of Irish and English politics are so extremely different, and the reasons for preserving in Ireland a local centre of political life are so powerful, that it is probable a Federal Union would have been preferred. Under such a system the Irish Parliament would have continued to exist, but would have been restricted to purely local sub¬ jects, while an Imperial Parliament, in which Irish repre¬ sentatives sat, would have directed the policy of the empire.” * Mr. Goldwin Smith. None of the recent opponents of Home Rule have written against that policy with more brilliance and epi¬ grammatic keenness than Mr. Goldwin Smith. But no one * Leaders of Public Opinion, pp. 195, 196. THE “ UNIONIST" CASE FOR HOME RULE. 177 has stated with more force the facts and considerations which, operating on men’s mind for years past, have made the Liberal party Home Rulers now. His coup d'cxil remains the most pointed indictment ever drawn from the historfcal annals of Ireland against the English methods of governing that country. Twenty years ago he anticipated the advice recently given by Mr. Gladstone. In 1867 he wrote :— “ I have myself sought and found in the sjtudy of Irish history the explanation of the paradox, that a people with so many gifts, so amiable, naturally so submissive to rulers, and everywhere but in their own country industrious, are in their own country bywords of idleness, lawlessness, disaffec¬ tion, and agrarian crime.” * He explains the paradox thus : “ But it is difficult to distinguish the faults of the Irish from their misfortunes. It has been well said of their past indus¬ trial character and history,—‘We were reckless, ignorant, improvident, drunken, and idle. We were idle, for we had nothing to do ; we were reckless, for we had no hope ; we were ignorant, for learning was denied us; we were im¬ provident, for we had no future; we were drunken, for we sought to forget our misery. That time has passed away for ever.’ No part of this defence is probably more true than that whicli connects the drunkenness of the Irish people with their misery. Drunkenness is, generally speak¬ ing, the vice of despair; and it springs from the despair of the Irish peasant as rankly as from that of his English fellow. The sums of money which have lately been transmitted by Irish emigrants to their friends in Ireland seem a conclusive answer to much loose denunciation of the national character, both in a moral and an industrial point of view. . . . There seems no good reason for believing that the Irish Kelts are averse to labour, provided they be placed, as people of all races require to be placed, for two or three generations in • Gokbvin Smitli, Three English Slalesmcn, p. 274. N I7S THE “ UNIONIST" CASE FOR HOME RULE. circumstances favourable to industry.” * He shows that the Irish have not been so placed. “Still more does justice require that allowance should be made on historical grounds for the failings of the Irish people. If they are wanting in industry, in regard for the rights of property, in reverence for the law, history furnishes a full explanation of their defects, without supposing in them any inherent depravity, or even any inherent weakness. They have never had the advantage of the training through which other nations have passed in their gradual rise from bar¬ barism to civili2ation. The progress of the Irish people was arrested at almost a primitive stage, and a series of calamities, following close upon each other, have prevented it from ever fairly resuming its course. The pressure of overwhelming misery has now been reduced; government has become mild and just; the civilizing agency of education has been introduced; the upper classes are rapidly return¬ ing to their duty, and the natural effect is at once seen in the improved character of the people. Statesmen are bound to be well acquainted with the historical sources of the evil with which they have to deal, especially when those evils are of such a nature as, at first aspect, to imply depravity in a nation. There are still speakers and writers who seem to think that the Irish are incurably vicious, because the accumulated effects of so many centuries cannot be removed at once by a wave of the legislator’s wand. Some still believe, or affect to believe, that the very air of the island is destructive of the characters and understandings of all who breathe it.” f Elsewhere he adds, referring to the land system : “ How many centuries of a widely different training have the English people gone through in order to acquire their boasted love of law.” X * /risk History and Irish Character, pp. 13, 14. t Ibid., p. 194. J Ibid,, p. 142. THE “ UNIONIST" CASE FOR HOME RULE. 179 Of the “ training ” through u hich the Irish went, he says— “ The existing settlement of land in Ireland, whether dating from the confiscations of the Stuarts, or from those of Cromwell, rests on a proscription three or four times as long as that on which the settlement of land rests over a considerable part of France. It may, therefore, be considered as placed upon discussion in the estimation of all sane men; and, this being the case, it is safe to observe that no inherent want of respect for property is shown by the Irish people if a proprietorship which had its origin within historical memory in flagrant wrong is less sacred in their eyes than it would be if it had its origin in immemorial right.” * The character which he gives of Irish landlordism deserves to be quoted : “ The Cromwellian landowners soon lost their religious character, while they retained all the hardness of the fanatic and the feelings of Puritan conquerors towards a conquered Catholic people. ‘ I have eaten with them,’ said one, ‘ drunk with them, fought with them ; but I never prayed with them.’ Their descendants became, probably, the very worst upper class with which a country was ever afflicted. The habits of the Irish gentry grew beyond measure brutal and reckless, and the coarseness of their debaucheries would have disgusted the crew of Comus. Their drunkenness, their blasphemy, their ferocious duelling, left the squires of England far behind. If there was a grotesque side to their vices which mingles laughter with our reprobation, this did not render their influence less pestilent to the community of which the motive of destiny had made them social chiefs. Fortu¬ nately, their recklessness was sure, in the end, to work, to a certain extent, its own cure; and in the background of * Iris// Ilis/of’y and Irish Chare.,’sr, p. loi. iSo THE ^'UNIONIST" CASE FOR HOME RULE. their swinish and uproarious drinking-bouts, the Encumbered Estates Act rises to our view.” * Mr. Goldwin Smith deals with agrarian crime thus; “ The atrocities perpetrated by the Whiteboys, especially in the earlier period of agrarianism (for they afterwards grew somewhat less inhuman), are such as to make the flesh creep. No language can be too strong in speaking of the horrors of such a state of society. But it would be unjust to confound these agrarian conspiracies with ordinary crime, or to sup¬ pose that they imply a propensity to ordinary crime either on the part of those who commit them, or on the part of the people who connive at and favour their commission. In the districts where agrarian conspiracy and outrage were most rife, the number of ordinary crimes was very small. In Munster, in 1833, out of 973 crimes, 627 were Whiteboy, or agrarian, and even of the remainder, many, being crimes of violence, were probably committed from the same motive. “In plain truth, the secret tribunals which administered the Whiteboy code were to the people the organs of a wild law of social morality by which, on the whole, the interest of the peasant was protected. They were not regular tribunals; neither were the secret tribunals of Germany in the Middle Ages, the existence of which, and the sub¬ mission of the people to their jurisdiction, implied the presence of much violence, but not of much depravity, con¬ sidering the wildness of the times. The Whiteboys ‘ found in their favour already existing a general and settled hatred of the law among the great body of the peasantry.’ f We have seen how much the law, and the ministers of the law, had done to deserve the peasant’s love. We have seen, too, in what successive guises property had presented itself to his mind: first as open rapine; then as robbery carried on through the roguish technicalities of an alien code; finally * Irish History and Irish Character, pp. 139, 140, t Sir George Cornewall Lewis, Irish Disturbances, p. 97. THE “ UNIONIST'' CASE FOR HOME RULE. i8i as legalized and systematic oppression. Was it possible that he should have formed so affectionate a reverence either for law or property as would be proof against the pressure of starvation?” * “A people cannot be expected to love and reverence oppression because it is consigned to the statute-book, and called law.” f These extracts are taken from Irish History and Irish Character, which was published in i86i. But in 1867 Mr. Goldwin Smith wrote a series of letters to the Daily News, which were republished in 1868 under the title of The Irish Question; and these letters form, perhaps, the most states¬ manlike and far-seeing pronouncement that has ever been made on the Irish difficulty. In the preface Mr. Goldwin Smith begins : “The Irish legislation of the last forty years, notwith¬ standing the adoption of some remedial measures, has failed through the indifference of Parliament to the sentiments of Irishmen; and the harshness of English public opinion has embittered the effects on Irish feeling of the indifference of Parliament. Occasionally a serious effort has been made by an English statesman to induce Parliament to approach Irish questions in that spirit of sympathy, and with that anxious desire to be just, without which a Parliament in London cannot legislate wisely for Ireland. Such efforts have hitherto met with no response ; is it too much to hope that it will be otherwise in the year now opening ? ” J The only comment I shall make on these words is : they were penned more than half a century after Mr. Pitt’s Union, which was to shower down blessings on the Irish people. Mr. Goldwin Smith’s first letter was written on the 23rd of November, 1867, the day of the execution of the Fenians Allen, Larkin, and O’Brien. He says— * Irish History and Irish Character, pp. 153-157. t Ibid., pp. 70, 71. J The Irish Question, Preface, pp. iii., iv. iS2 THE “ UNIONIST" CASE FOR HOME RULE. “ There can be no doubt, I apprehend, that the Irish difficulty has entered on a new phase, and that Irish disaffec¬ tion has, to repeat an expression which I heard used in Ireland, come fairly into a line with the other discontented nation¬ alities of Europe. Active Fenianism probably pervades only the lowest class ; passive sympathy, which the success of the movement would at once convert into active co-operation, extends, it is to be feared, a good deal higher. “ England has ruin before her, unless she can hit on a remedy, and overcome any obstacles of class interest or of national pride which would prevent its application, the part of Russia in Poland, or of Austria in Italy—a part cruel, hateful, demoralizing, contrary to all our high principles and professions, and fraught with dangers to our own freedom. Our position will be worse than that of Russia in this respect, that, while her Poland is only a province, our Fenianism is an element pervading every city of the United Kingdom in which Ii'ish abound, and allying itself with kindred misery, discontent, and disorder. Wretchedness, the result of misgovernment, has caused the Irish people to multiply with the recklessness of despair, and now here are their avenging hosts in the midst of us, here is the poison of their disaffection running through every member of our social frame. Not only so, but the same wretchedness has sent millions of emigrants to form an Irish nation in the United States, where the Irish are a great political power, swaying by their votes the councils of the American Republic, and in immediate contact with those Trans¬ atlantic possessions of England, the retention of which it is now patriotic to applaud, and will one day be patriotic to have dissuaded. “. . . That Ireland is not at this moment, materially speaking, in a particularly suffering state, but, on the con¬ trary, the farmers are rather prosperous, and wages, even when allowance is made for the rise in the price of provi- THE “ UNIONIST” CASE FOR HOME RULE. 1S3 sions, considerably higher than they were, only adds to the significance of this widespread disaffection. “ The Fenian movement is not religious, nor radically economical (though no doubt it has in it a socialistic clement), but national, and the remedy for it must be one which cures national discontent. This is the great trutli which the English people have to lay to heart.” * Mr. Goldwin Smith then dispels the notion that the Irish question is a religious one. “ When Fenianisra first appeared, the ^Orangemen, in accordance with their fixed idea, ascribed it to the priests. They were undeceived, I was told, by seeing a priest run away from the Fenians in fear of his life.”t Neither was it a question of the land. “ The land question, no doubt, lies nearer to the heart of the matter, and it is the great key to Irish history in the past; but I do not believe that even this is funda¬ mental.” He then states what is “ fundamental.” J “ The real root of the disaffection which exhibits itself at present in the guise of Fenianism, and which has been suddenly kindled into flame by the arming of the Irish in the American civil war, but which existed before in a nameless and smouldering state, is, as I believe, the want of national institutions, of a national capital, of any objects of national reverence and attachment, and consequently of anything deserving to be called national life. The English Crown and Parliament the Irish have never learnt, nor have they had any chance of learning, to love, or to regard as national, notwithstanding the share which was given them, too late, in the representation. The greatness of England is nothing to them. Her history is nothing, or worse. The success of Irishmen in London consoles the Irish in Ireland no more than the success of Italian adventurers in * The Irish Question, pp. 3-5. t Ibid., p. 6. J Ibid., p. 7. iS4 THE “ UNIONIST" CASE FOR HOME RULE. foreign countries (which was very remarkable) consoled the Italian people. The drawing off of Irish talent, in fact, turns to an additional grievance in their minds. Dublin is a modern Tara, a metropolis from which the glory has departed; and the viceroyalty, though it pleases some of the tradesmen, fails altogether to satisfy the people. ‘ In Ireland we can make no appeal to patriotism, we can have no patriotic sentiments in our schoolbooks, no patriotic emblems in our schools, because in Ireland everything patriotic is rebellious.’ These were the words uttered in my hearing, not by a complaining demagogue, but by a desponding statesman. They seemed to me pregnant with fatal truths. “If the craving for national institutions, and the disaffec¬ tion bred in this void of the Irish people’s heart, seem to us irrational and even insane, in the absence of any more substantial grievance, we ought to ask ourselves what would become of our own patriotism if we had no national institutions, no objects of national loyalty and reverence, even though we might be pretty well governed, at least in intention, by a neighbouring people whom we regarded as aliens, and who, in fact, regarded us pretty much in the same light. Let us first judge ourselves fairly, and then judge the Irish, remembering always that they are more imaginative and sentimental, and need some centre of national feeling and affection more than ourselves.” * And all this was written sixty-seven years after the Union of 1800. INIr. Goldwin Smith then deals with the subject of the Irish and Scotch unions much in the same way as Mr. Lecky. “ The incorporation of the Scotch nation with the English, being conducted on the right principles by the great Whig statesman of Anne, has been perfectly success- * The Irish Question, pp. 7-9. THE “ UNIONIST" CASE FOR HOME RULE. 1S5 ful. The attempt to incorporate the Irish nation with the English and Scotch, the success of which would have been, if possible, a still greater blessing, being conducted by very different people and on very different principles, has un¬ happily failed. What might have been the result if even the Hanoverian sovereigns had done the personal duty to their Irish kingdom which they have unfortunately neglected, it is now too late to inquire. The Irish Union has missed its port, and, in order to reach it, will have to tack again. W^e may hold down a dependency, of course, by force, in Russian and Austrian fashion; but force will never make the hearts of two nations one, especially when they are divided by the sea. Once get rid of this deadly inter¬ national hatred, and there will be hope of real union in the future.” * Mr. Goldwin Smith finally jaroposes a “plan ” by which the “deadly international hatred” might be got rid of, and a “ real union ” brought about. Here it is. “ I. The residence of the Court at Dublin, not merely to gratify the popular love of royalty and its pageantries, which no man of sense desires to stimulate, but to assure the Irish people, in the only way possible as regards the mass of them, that the sovereign of the United Kingdom is really their sovereign, and that they are equally cared for and honoured with the other subjects of the realm. This would also tend to make Dublin a real capital, and to gather and retain there a portion of the Irish talent which now seeks its fortune elsewhere. “ 2. An occasional session (say once in every three years) of the Imperial Parliament in Dublin, partly for the same purposes as the last proposal, but also because the circum¬ stances of Ireland are likely to be, for some time at least, really peculiar, and the personal acquaintance of our legis¬ lators with them is the only sufficient security for good Irish * The Irish Question, p. 10. iS6 THE “ UNIONIST" CASE FOR HOME RULE. legislation. There could be no serious difficulty in holding a short session in the Irish capital, where there is plenty of accommodation for both Houses. “ 3. A liberal measure of local self-government for Ireland. I would irot vest the power in any single assembly for all Ireland, because Ulster is really a different country from the other provinces. I would give each province a council of its own, and empower that council to legislate (subject, of course, to the supremacy of the Imperial Par¬ liament) on all matters not essential to the political and legal unity of the empire, in which I would include local education. Tire provincial councils should of course be elective, and the register of electors might be the same as that of electors to the Imperial Parliament. In England itself the extension of local institutions, as political training schools for the masses, as checks upon the sweeping action of the great central assembly, and as the best organs of legislation in all matters requiring (as popular education, among others, does) adaptation to the circumstances of par¬ ticular districts, would, I think, have formed a part of any statesmanlike revision of our political system. Here, also, much good might be done, and much evil averted, by com¬ mitting the present business of quarter sessions, other than the judicial business, together with such other matters as the central legislative might think fit to vest in local hands, to an assembly elected by the county.” * Thus it will be seen that twenty years ago Mr. Goldwin Smith anticipated Mr. Chamberlain’s scheme of provincial councils, and got a good way on the road to an Irish Parliament. Mr. Dicey. A fairer controversalist, or an abler supporter of the paper Union,” than Mr. Dicey there is not; nevertheless * The Fish Question, pp. 16-18. THE “ UNIONIST" CASE FOR HOME RULE. 1S7 no man has fired more effective shots into hlr. Pitt's unfortunate arrangement of 1800. How well has the “failure” of that arrangement been described in these pithy sentences—“ Eighty-six years have elapsed since the conclusion of the Treaty of Union between England and Ireland. The two countries do not yet form an united nation. The Irish people are, if not more wretched (for the whole European world has made progress, and Ireland with it), yet more conscious of wretchedness, and Irish disaffection to England is, if not deeper, more widespread than in 1800. An Act meant by its authors to be a source of the prosperity and concord which, though slowly, followed upon the Union with Scotland, has not made Ireland rich, has not put an end to Irish lawlessness, has not terminated the feud between Protestants and Catholics, has not raised the position of Irish tenants, has not taken away the causes of Irish discontent, and has, therefore, not removed Irish disloyalty. This is the indict¬ ment which can fairly be brouglit against the Act of Union.” * What follows reflects honour on Mr. Dicey as an honest opponent who does not shrink from facts; but what a wholesale condemnation of the policy of the Imperial Parliament! “ On one point alone (it may be urged) alt men, of whatever party or of w'hatever nation, who have seriously studied the annals of Ireland are agreed—the history is a record of in¬ cessant failure on the part of the Government, and of incessant misery on the part of the people. On this matter, if on no other, De Beaumont, Froude, and Lecky are at one. As to the guilt of the failure or the cause of the misery, men may and do differ; that England, whether from her own fault or the fault of the Irish people, or from perversity of cir¬ cumstances, has failed in Ireland of achieving the elemen- * Dicey, England's Case against Home Rule, p. 128. i88 THE “ UNIONIST" CASE FOR HOME RULE. tary results of good government is as certain as any fact of history or of experience. Every scheme has been tried in turn, and no scheme has succeeded or has even, it may be suggested, produced its natural effects. Oppression of the Catholics has increased the adherents and strengthened the hold of Catholicism. Protestant supremacy, while it lasted, did not lead even to Protestant contentment, and the one successful act of resistance to the English dominion was effected by a Protestant Parliament supported by an army of volunteers, led by a body of Protestant officers. The independence gained by a Protestant Parliament led, after eighteen years, to a rebellion so reckless and savage that it caused, if it did not justify, the destruction of the Parliament and the carrying of the Union. The Act of Union did not lead to national unity, and a measure which airpeared on the face of it (though the appearance, it must be admitted, was delusive) to be a copy of the law which bound England and Scotland into a common country inspired by common patriotism, produced conspiracy and agitation, and at last placed England and Ireland further apart, morally, than they stood at the beginning of the century. The Treaty of Union, it was supposed, missed its mark because it was not combined with Catholic Emancipation. The Catholics were emancipated, but emancipation, instead of producing loyalty, brought forth the cry for repeal. The Repeal move¬ ment ended in failure, but its death gave birth to the attempted rebellion in 1848. Suppressed rebellion begot Fenianism, to be followed in its turn by the agitation for Home Rule. The movement relies, it is said, and there is truth in the assertion, on constitutional methods for obtaining redress. But constitutional measures are supplemented by boycotting, by obstruction, by the use of dynamite. A century of reform has given us Mr. Parnell instead of Grattan, and it is more than possible that Mr. Parnell may be succeeded by leaders in whose eyes Mr. Davitt’s policy THE “ UNIONIST" CASE FOR HOME RULE. i 89 may appear to be tainted with moderation. No doubt, in each case the failure of good measures admits, like every calamity in public or private life, of explanation, and after the event it is easy to see why, for example, the Poor Law, when extended to Ireland, did not produce even the good effects such as they are which in England are to be set against its numerous evils; or why an emigration of unparalleled proportions has diminished population without much dimin¬ ishing poverty; why the disestablishment of the Anglican Church has increased rather than diminished the hostility to England of the Catholic priesthood j or why two Land Acts have not contented Irish farmers. It is easy enough, in short, and this without having any recourse to theory of race, and without attributing to Ireland either more or less of original sin than falls to the lot of humanity, to see how it is that imperfect statesmanship—and all statesmanship, it should be remembered, is imperfect—has failed in obtaining good results at all commensurate with its generally good intentions. Eailure, however, is none the less failure be¬ cause its causes admit of analysis. It is no defence to bankruptcy that an insolvent can, when brought before the Court, lucidly explain the errors which resulted in disastrous speculations. The failure of English statesmanship, explain it as you will, has produced the one last and greatest evil which misgovernment can cause. It has created hostility to the law in the minds of the people. The law cannot work in Ireland because the classes whose opinion in other countries supports the actions of the courts, are in Ireland, even when not law-breakers, in full sympathy with law¬ breakers.” * No Home Ruler has described the evils of English mis¬ rule in Ireland with such vigour as this. “Bad administration, religious persecution, above all, a thoroughly vicious land tenure, accompanied by such sweep- * Dicey, England's Case against Home Rule, pp. 72-74. igo THE “ UNIONIST" CASE FOR HOME RULE. ing confiscations as to make it, at any rate, a plausible assertion that all land in Ireland has during the course of Irish history been confiscated at least thrice over, are admittedly some of the causes, if they do not constitute the whole cause, of the one immediate difficulty which perplexes the policy of England- This is nothing else than the admitted disaffection to the law of the land prevailing among large numbers of Irish people. The existence of this disaffection, whatever be the inference to be drawn from it, is undeniable. A series of so-called Coercion Acts, passed both before and since the Act of Union, give undeniable evidence, if evidence were wanted, of the ceaseless and, as it would appear, almost irrepressible resistance in Ireland offered by the people to the enforcement of the law. I have not the remotest inclination to underrate the lasting and formidable character of this opposition between opinion and law, nor can any jurist who wishes to deal seriously with a serious and infinitely painful topic, question for a moment that the ultimate strength of law lies in the sympathy, or at the lowest the acquiescence, of the mass of the population. Judges, constables, and troops become almost powerless when the conscience of the people permanently opposes the execution of the law. Severity produces either no effect or bad effects; executed criminals are regarded as heroes or martyrs; and jurymen and witnesses meet with the execration and often with the fate of criminals. On such a point it is best to take the opinion of a foreigner un¬ affected by prejudices or passions from which no Englishman or Irishman has a right to suppose himself free. “ ‘ Quand vous en etes arroes h ce point, croyez bien que dans cette voie de regueurs tons vos efforts pour retabler I’ordre et la paix seront inutiles. En vain, pour reprimer des crimes atroces, vous appellerez h votre aide toutes leg sevdrites du code de Dracon; en vain vous ferez des lois cruelles pour arreter le coins de rdvoltantes cruautes; vaine- THE “ UNIONIST" CASE FOR HOME RULE. 191 ment vous frapperez de mort le moindre delit se rattachant h, ces grands crimes; vainement, dans I’effroi de votre impuissance, vous suspendrez le cours des lois ordinaries proclamerez des comtes entiers en etat de suspicion legale, voilerez le principe de la liberte individuelle, creerez des cours martiales, des commissions extraordinaires, et pour produire de salutaires impressions de terreur, multiplierez h I’exces les executions capitales.’ ” * The next passage is a trenchant condemnation of the “ Union.” “ There exists in Europe no country so completely at unity with itself as Great Britain. Fifty years of reform have done their work, and have removed the discontents, the divisions, the disaffection, and the conspiracies which marked the first quarter, or tlie first half of this century. Great Britain, if left to herself, could act with all the force, consistency, and energy given by unity of sentiment and community of interests. The distraction and the uncer¬ tainty of our political aims, the feebleness and inconsistency with which they are pursued, arise, in part at least, from the connection with Ireland. Neither Englishmen nor Irish¬ men are to blame for the fact that it is difficult for com¬ munities differing in historical associations and in political conceptions to keep step together in the path of progress. For other evils arising from the connection the blame must rest on English Statesmen. All the inherent vices of party government, all the weaknesses of the parliamentary system, all the evils arising from the perverse notion that reform ought always to be preceded by a period of lengtliy and more than half factitious agitation met by equally factitious resistance, have been fostered and increased by the inter¬ action of Irish and English politics. No one can believe that the inveterate habit of ruling one part of the United * Dicey, Englands Case agautst Home Rule, pp. 92-94.—The foreigner is De Beaumont. 192 THE “ UNIONIST" CASE TOR HOME RULE. Kingdom on principles which no one would venture to apply to the government of any other part of it, can have produced anything but the most injurious effect on the stability of our Government and the character of our public men. The advocates of Home Rule find by far their strongest arguments for influencing English opinion, in the proofs which they produce that England, no less than Ireland, has suffered from a political arrangement under which legal union has failed to secure moral union. These arguments, whatever their strength, are, however, it must be noted, more available to a Nationalist than to an advocate of federalism" * The words which I have italicised are an expression of opinion; but nothing can alter the damning statement of fact—“legal union has failed to secure moral union.” Never¬ theless, Mr. Diccy advocates the maintenance of this legal union as it stands. “ On the whole, then, it appears that, whatever changes or calamities the future may have in store, the maintenance of the Union is at this day the one sound policy for England to pursue. It is sound because it is expedient; it is sound because it is just.” f I shall not discuss the question of Home Rule with the eminent wuiters whose works I have cited. It is enough that they demonstrate the failure of the Union. So con¬ vinced was Mr. Lecky, in 1871, of its failure, that he suggested a readjustment of the relations of the two countries on a federal basis; J and Mr. Goldwin Smith, in 1868, con¬ tended that the Irish difficulty could only be settled by the establishment of Provincial Councils, and an occasional * Dicey, England’s Case against Home Ride, pp. 151, ^52. t Ibid., p. 288. J I hope I am not doing Mr. Lecky an injustice in this statement. I rely on the extract quoted from the Leaders of Public Opinion in Ireland, at p. 176 of this volume; but see Introduction, p, xix. THE “ UNIONIST" CASE FOR HOME RULE. 193 session of the Imperial Parliament in Dublin. Mr. Dicey clings to the existing Union while demonstrating its failure, because he has persuaded himself that the only alternative is separation. Irishmen may be pardoned for acting on Mr. Dicey’s facts, and disregarding his prophecies. The mass of Irish¬ men believe, with Grattan, that the ocean protests against separation as the sea protests against such a union as was attempted in 1800.* * Irish House of Commons, January 15th, iSoo. O IRBLA.VD'S ALTERNATIVES. By Lord Thring.* Ireland is a component member of the most complex political body the world has yet known; any inquiry, then, into the fitness of any particular form of government for that country involves an investigation of the structures of various composite nations, or nations made up of numerous political communities more or less differing from each other. From the examination of the nature of the common tie, and the circumstances which caused it to be adopted or imposed on the component peoples, we cannot but derive instruction, and be furnished with materials which will enable us to take a wide view of the question of Home Rule, and assist us in judging between the various remedies proposed for the cure of Irish disorders. The nature of the ties which bind, or have bound, the principal composite nations of the world together may be classified as— 1. Confederate unions. 2. Federal unions. 3. Imperial unions. A confederate union may be defined to mean an alliance between the governments of independent States, which agree to appoint a common superior authority having power * Reprinted by permission, >Yith certain omissions, from the Con¬ temporary Review, August, 1887, IRELAND'S ALTERNATIVES. 19S to make peace and war and to demand contributions of men and money from the confederate States. Such superior authority has no power of enforcing its decrees except through the medium of the governments of the constituent States; or, in other words, in case of disobedience, by armed force. A federal union differs from a confederate union in the material fact that the common superior authority, instead of acting on the individual subjects of the constituent States through the medium of their respective governments, has a power, in respect of all matters within its jurisdiction, of enacting laws and issuing orders which are binding directly on the individual citizens. The distinguishing characteristics of an imperial union are, that it consists of an aggregate of communities, one of which is dominant, and that the component communities have been brought into association, not by arrangement between themselves, but by colonization, cession, and by other means emanating from the resources or power of the dominant community. The above-mentioned distinction between a Govern¬ ment having communities only for its subjects, and in¬ capable of enforcing its orders by any other means than war, and a Government acting directly on individuals, must be constantly borne in mind, for in this lies the whole difference between a confederate and federal union ; that is to say, between a confederacy which, in the case of the United States, lasted a few short years, and a federal union which, with the same people as subjects, has lasted nearly a century, and has stood the strain of the most terrible war of modern times. The material features of the Constitution of the United States have been explained in a previous article.* All that * “ Hume ' Rule and luipeiial Unily : ” Conlcmporaiy Rcviciv, March, 1887. 196 IRE LAND'3 ALTERNATIVES. is necessary to call to mind here is, that the Government of the United States exercises a power of taxation throughout the whole Union by means of its own officers, and enforces its decrees through the medium of its own Courts. A Supreme Court has also been established, which has power to adjudicate on the constitutionality of all laws passed by the Legislature of the United States, or of any State, and to decide on all international questions. Switzerland was till 1S48 an example of a confederate union or league of semi-independent States, which, unlike other confederacies, had existed with partial interruptions for centuries. This unusual vitality is attributed by Mill * to the circumstance that the confederate government felt its weakness so strongly that it hardly ever attempted to exercise any real authority. Its present government, finally settled in 1874, but based on fundamental laws passed in 1848, is a federal union formed on the pattern of the American Constitution, It consists of a federal assembly comprising two Chambers—the Upper Chamber composed of forty-four members chosen by the twenty-two cantons, two for each canton ; the Lower consisting of 145 members chosen by direct election at the rate of one deputy for every 20,000 persons. The chief executive authority is deputed to a federal council consisting of seven members elected for three years by the federal assembly, and h.aving at their head a president and vice-president, who are the first magistrates of the republic. There is also a federal tribu¬ nal, having similar functions to those of the supreme court of the United States of America, consisting of nine members elected for six years by the federal assembly. The Empire of Germany is a federal union, differing from the United States and Switzerland in having an here¬ ditary emperor as its head. It comprises twenty-six Slates, who have “ formed an eternal union for the protection of * Mill on Rep-esentative Government., p. 310. IRELAND'S ALTERNATIVES. 197 the realm, and the care of the welfare of the German people.” * The King of Prussia, under the title of German Emperor, represents the empire in all its relations to foreign nations, and has the power of making peace and war, but if the war be more than a defensive war he must have the assent of the Upper Plouse. The legislative body of the empire consists of two Houses—the Upper, called the Eundesrath, representing the several component States in different proportions according to their relative importance ; the lower, the Reichstag, elected by the voters in 397 electoral districts, which are distributed amongst the con¬ stituent States in unequal numbers, regard being had to the population and circumstances of each State. The Austro-Hungarian Empire is a federal union, differ¬ ing alike in its origin and construction from the federal unions above mentioned. In the beginning Austria and Hungary were independent countries—Austria a despotism, Hungary a constitutional monarchy, with ancient laws and customs dating back to the foundation of the kingdom in 895. In the sixteenth century the supreme power in both countries—that is to say, the despotic monarchy in Austria and the constitutional monarchy in Hungary — became vested in the same person; as might have been anticipated, the union was not a happy one. If we dip into Heeren’s Political System of Europe at intervals selected almost at random, the following notices will be found in relation to Austria and Hungary:—Between 1671 and 1700 “political unity in the Austrian monarchy was to have been enforced especially in the principal country (Hungary), for this was regarded as the sole method of establishing power; the consequence was an almost perpetual revolutionary state of affairs.” t Again, in the next chapter, commenting on the period between 1740 and 1786: “Hungary, in fact the * See Sta/csmau's Year-Book: Switzeiland and Germany. t Ileeren’s Totilical System of Europe, p. 152. IRELAND'S ALTERNATIVES. rgS chief, was treated like a conquered province; subjected to the most oppressive commercial restraints, it was regarded as a colony from which Austria exacted what she could for her own advantage. The injurious consequences of this internal discord are evident.” Coming to modern times we find that oppression followed oppression with sickening monotony, and that at last the determination of Austria to stamp out the Constitution in Hungary gave rise to tlie insurrection of 1849, which Austria suppressed with the assistance of Russia, and as a penalty declared the Hun¬ garian Constitution to be forfeited, and thereupon Hungary was incorporated with Austria, as Ireland was incorporated with Great Britain in 1800. Both events were the conse¬ quences of unsuccessful rebellions ; but the junction which, in the case of Hungary, was enforced by the sword, was in Ireland more smoothly carried into effect by corruption. Hungary, sullen and discontented, waited for Austria’s calamity as her opportunity, and it came after the battle of Sadowa. Austria had just emerged from a fearful conflict, and Count Beust * felt that unless some resolute effort was made to meet the views of the constitutional party in Hun¬ gary, the dismemberment of the empire must be the result. Now, what was the course he took ? Was it a tightening of the bonds between Austria and Hungary ? On the contrary, to maintain the unity of the empire he dissolved its union and restored to Hungary its ancient constitutional privileges. Austria and Hungary each had its own Parliament for local purposes. To manage the imperial concerns of peace and war, and the foreign relations, a controlling body, called the Delegations, was established, consisting of 120 members, of whom half represent and are chosen by the Legislature of Austria, and the other half by that of Hungary; the Upper House of each country returning twenty members, and the Lower House forty.t Ordinarily the delegates sit and vote * Memoirs of Count Beust, vol. i.. Introduction, p. xliii. t Statesman's Year-Book, IRELAND'S ALTERNATIVES. 199 in two Chambers, but if they disagree the two branches must meet together and give their final vote without debate, which is binding on the whole empire.* The question arises, What is the magnetic influence which induces communities of men to combine together in federal unions ? Undoubtedly it is the feeling of nationality; and what is nationality? Mr. Mill says,t “a portion of mankind may be said to constitute a nationality if they are united among themselves by common sympathies which do not exist between them and any others; which make them co-operate with each other more willingly than other people ; desire to be under the same government, and desire that it .should be a government by themselves or a portion of them¬ selves exclusively.” He then proceeds to state that the feeling of nationality may have been generated by various causes. Sometimes it is the identity of race and descent; community of language and community of religion greatly contribute to it; geographical limits are one of its causes ; but the strongest of all is identity of political antecedents : the possession of a national history and consequent com¬ munity of recollections—collective pride and humiliation, pleasure and regret— connected with the same incidents in the past. The only point to be noted further in reference to the foregoing federal unions, is that the same feeling of nation¬ ality which, in the United States, Switzerland, and the German Empire, produced a closer legal bond of union, in the case of Austria-Hungary operated to dissolve the amalgamation formed in 1849 of the two States, and to produce a federal union of States in place of a single State. One conclusion seems to follow irresistibly from any * The Emperor of Austria is the head of the empire, with the title of King in Hungary. Austria-Hungary is treated as a federal, not as an imperial union, on the ground that Austria was never rightfully a dominant community over Hungary. t RepresetUative Gcn'ernment, p. 295. 200 IRELAND'S ALTERNATIVES. review of the construction of the various States above described : that the stability of a nation bears no relation whatever to the legal compactness or homogeneity of its component parts. Russia and France, the most compact political societies in Europe, do not, to say the least, rest on a firmer basis than Germany and Switzerland, the inhabitants of which are subjected to the obligations of a double nationality. Above all, no European nation, except Great Britain, can for a moment bear comparison with the United States in respect of the devotion of its people to their Constitution. An imperial union, though resembling somewhat in outward form a federal union, differs altogether from it both in principle and origin. Its essential characteristic is that one community is absolutely dominant while all the others are subordinate. In the case of a federal union independent States have agreed to resign a portion of their powers to a central Government for the sake of securing the common safety. In an imperial union the dominant or imperial State delegates to each constituent member of the union such a portion of local government as the dominant State considers the subordinate member entitled to, consistently with the integrity of the empire. The British Empire furnishes the best example of an imperial union now existing in the world. Her Majesty, as common head, is the one link which binds the empire together and connects with each other every constituent member. The Indian Empire and certain military dependencies require no further notice in these pages; but a summary of our various forms of colonial government is required to complete our knowledge of the forms of Home Rule possibly applicable to Ireland. The colonies, in relation to their forms of government, may be classified as follows :— I. Crown colonies, in which laws may be made by the IRELAND'S ALTERNATIVES. 201 Governor alone, or with the concurrence of a Council nominated by the Crown. 2. Colonies possessing representative institutions, but not responsible government, in which the Crown has only a veto on legislation, but the Home Government retains the control of the executive. 3. Colonies possessing representative institutions and responsible government, in which the Crown has only a veto on legislation, and the Home Government has no control over any public officer except the Governor. The British Colonial Governments thus present an absolute gradation of rule; beginning with absolute despotism and ending with almost absolute legal inde¬ pendence, except in so far as a veto on legislation and the presence of a Governor named by the Crorvn mark the dependence of the colony on the mother country. It is to be remembered, moreover, tliat the colonies which have received this complete local freedom are the great colonies of the earth—nations themselves possessing territories as large or larger than any European State— namely, Canada, the Cape, New South Wales, Victoria, Queensland, South Australia, New ^Zealand, Tasmania. And this change from dependence to freedom has been effected with the good-will both of the mother country and the colony, and without it being imputed to the colonists, when desiring a larger measure of self-government, that they were separatists, anarchists, or revolutionists. Such are tire general principles of colonial government, but one colony requires special mention, from the circum¬ stance of its Constitution having been put forward as a model for Ireland ; this is the Dominion of Canada. The Government of Canada is, in effect, a subordinate federal union; that is to say, it possesses a central Legislature, having the largest possible powers of local self-government consistent with the supremacy of the empire, with seven 202 IRELAND'S ALTERNATIVES. inferior provincial Governments, exercising powers greater than those of an English county, but not so great as those of an American State. The advantage of such a form of government is that, witliout weakening the supremacy of the empire or of the central local power, it admits of con¬ siderable diversities being made in the details of provincial government, where local peculiarities and antecedents' render it undesirable to make a more complete assimilation of the Governments of the various provinces. Materials have now been collected which will enable the reader to judge of the expediency or inexpediency of the course taken by Mr. Gladstone’s Government in dealing with Ireland. Three alternatives were open to them— 1. To let matters alone. 2. To pass a Coercion Bill. 3. To change the government of Ireland, and at the same time to pass a Land Bill. The two last measures are combined under the head of one alternative, as it will be shown in the sequel that no effective Land Bill can be passed without granting Home Rule in Ireland. Now, the short answer to the first alternative is, that no party in the State—Conservative, Whig, Radical, Unionist, Home Ruler, Parnellite—thought it possible to leave things alone. That something must be done was universally admitted. The second alternative has found favour with the present Government, and certainly is a better example of the triumph of hope over experience, than even the pro¬ verbial second marriage. Eighty-six years have elapsed since the Union. During the first thirty-two years only eleven years, and during the last fifty-four years only two years have been free from special repressive legislation ; yet the agitation for repeal of the Union, and general discontent, are more violent in IRELAND'S ALTERNATIVES. 203 1887 than in any one of the eighty-six previous years. In the name of common-sense, is there any reason for sup> posing that the Coercion Bill of 1887 will have a better or more enduring effect than its numerous predecessors ? The prima fade case is at all events in favour of the contention that, when so many trials of a certain remedy have failed, it would be better not to try the same remedy again, but to have recourse to some other medicine. What, then, was the position of Mr. Gladstone’s Government at the close of the election of 1885 ? What were the considerations pre¬ sented to them as supreme supervisors and guardians of the British Empire ? They found that vast colonial empire tranquil and loyal beyond previous expectation—the greater colonies satisfied with their existing position; the lesser expecting that as they grew up to manhood they would be treated as men, and emancipated from childish restraints. The Channel Islands and the Isle of Man were contented with their sturdy dependent independence, loyal to the backbone. One member only stood aloof, sulky and dis¬ satisfied, and though in law integrally united with the dominant community, practically was dissociated from it by forming within Parliament (the controlling body of the whole) a separate section, of which the whole aim was to fetter the action of the entire supreme body in order to bring to an external severance the practical disunion which existed between that member and Great Britain. This member—Ireland—as compared with other parts of the empire, was small and insignificant; measured against Great Britain, its population was five millions to thirty-one millions, and its estimated capital was only one twenty- fourth part of the capital of the United Kingdom. Measured against Australia, its trade with Great Britain was almost insignificant. Its importance arose from the force of public opinion in Great Britain, which deemed England pledged to protect the party in Ireland which desired the Union to be 204 IRELAND'S ALTERNATIVES. maintained, and from the power of obstructing English legislation through the medium of the Irish contingent, willing and ready on every occasion to intervene in English debates. The first step to be taken obviously was to find out what the great majority of Irish members wanted. The answer was, that they would be contented to quit the British Parliament on having a Parliament established on College Green, with full powers of local government, and that they would accept on behalf of their country a certain fixed annual sum to be paid to the Imperial Exchequer, on con¬ dition that such sum should not be increased without the consent of the Irish representatives. Here there were two great points gained without any sacrifice of principle. Ireland could not be said to be taxed without representa¬ tion when her representatives agreed to a certain fixed sum to be paid till altered with their consent; while at the same time all risk of obstruction to English legislation by Irish means was removed by the proposal that the Irish representatives should exercise local powers in Dublin instead of imperial powers at Westminster. On the basis of the above arrangement the Bill of Mr. Gladstone was founded. Absolute local autonomy was conferred on Ireland; the assent of the Irish members to quit the Imperial Parliament was accepted; and the Bill provided that after a certain day the representative Irish peers should cease to sit in the House of Lords, and the Irish members vacate their places in the Plouse of Com¬ mons. Provisions were then made for the absorption in the Irish Legislative Body of both the Irish representative peers and Irish members. The legislative supremacy of the British Parliament was maintained by an express provision excepting from any interference on the part of Irish Legislature all imperial powers, and declaring any enactment void which infringed that provision; further, an enactment was inserted for the IRELAND'S ALTERNATIVES. 205 purpose of securing to the English Legislature in the last resource the absolute power to make any law for the govern¬ ment of Ireland, and ^therefore to repeal, or suspend, the Irish Constitution. Technically these reservations of supremacy to the English Legislature were unnecessarj^, as it is an axiom of constitutional law that a sovereign Legislature, such as the Queen and two Houses of Parliament in England, cannot bind their successors, and consequently can repeal or alter any law, however fundamental, and annul any restrictions on alteration, however strongly expressed. Practically they were never likely to be called into operation, as it is the custom of Parliament to adhere, under all but the most extraordinary and unforeseen circumstances, to any compact made by Act of Parliament between itself and any subordi¬ nate legislative body. The Irish Legislature was subjected to the same controlling power rvhich has for centuries been applied to prevent any excess of jurisdiction in our Colonial Legislatures, by a direction that an appeal as to the con¬ stitutionality of any laws which they might pass should lie to the Judicial Committee of the Privy Council. This supremacy of the imperial judicial power over the action of the Colonial Legislatures was a system which the founders of the American Constitution copied in the establishment of their supreme Court, and thereby secured for that legislative .system a stability which has defied the assaults of faction and the strain of civil war. The Executive Government of Ireland was continued in her IMajesty, and was to be carried on by the Lord Lieu¬ tenant on her behalf, by the aid of such officers and such Council as her Majesty might from time to time see fit. The initiative power of recommending taxation was also vested in the Queen, and delegated to the Lord Lieutenant. These clauses are co-ordinate and correlative with the clause con¬ ferring complete local powers on the Irish Legislature, 2o6 IRELAND'S ALTERNATIVES. while it preserves all imperial powers to the Impeiial Legis¬ lature. The Governor is an imperial officer, and will be bound to watch over imperial interests with a jealous scrutiny, and to veto any Bill which may be injurious to those interests. On the other hand, as respects all local matters, he will act on and be guided by the advice of the Irish Executive Council. The system is self-acting. The Governor, for local purposes, must have a Council which is in harmony with the Legislative Body. If the Governor and a Council, supported by the Legislative Body, do not agree, the Governor must give way, unless he can, by dis¬ missing his Council, and dissolving the Legislative Body, obtain both a Council and a Legislative Body which will support his views. As respects imperial questions, the case is different; here the last word rests with the mother country, and in the last resort a determination of the Executive Council, backed by the Legislative Body, to resist imperial lights, must be deemed an act of rebellion on the part of the Irish people, and be dealt with accordingly. In acceding to the claims of the National Party for Home Rule in Ireland another question had to be con¬ sidered : the demands of the English garrison, as it is called ■—or, in plain words, of the class of Irish landlords—for protection. They urged that to grant Home Rule in Ireland would- be to hand them over to their enemies, their tenants, and to lead to an immediate, or to all events a proximate, confiscation of their properties. Without admit¬ ting the truth of these apprehensions to the full extent, or indeed to any great extent, it was undoubtedly felt by the framers of the Home Rule Bill that a moral obligation rested on the Imperial Government to remove, if possible, “ the fearful exasperations attending the agrarian relations in Ireland,” rather than leave a question so fraught with danger, so involved in difficulty, to be determined by the Irish Government on its first entry on official existence. IRELAND'S ALTERNATIVES. 207 Hence the Land Bill, the scheme of which was to frame a system under which the tenants, by being made owners of the soil, should become interested as a class in the main¬ tenance of social order, while the landlords should be enabled to rid themselves on fair terms of their estates, in cases where, from apprehension of impending changes, or for pecuniary reasons, they were desirous of relieving themselves from the responsibilities of ownership. Of the land scheme brought into Parliament in 1886, it need only here be said that it proposed to lend the Irish Government 3 per cent, stock at 3J- per cent, interest, the Irish Government undertaking to purchase, from any Irish landlord desirous of selling, his estate at (as a general rule) twenty years’ purchase on the net rental. The money thus disbursed by the Irish Govern¬ ment was repaid to them by an annuity, payable by the tenant for forty-nine years, of 4 per cent, on a capital sum equal to twenty times the gross rental; the result being that, were the Bill passed into law, the tenant would become immediate owner of the land, subject to the payment of an annuity considerably less than the previous rent—that the Irish Government would make a considerable profit on the transaction, inasmuch as it would receive from the tenant interest calculated on the basis of the gross rental, whilst it would pay to the English Government interest calculated on the basis of the net rental—and that the English Govern¬ ment would sustain no loss if the interest were duly received by them. The effect of such a plan appears almost magical: Ireland is transformed at one stroke from a nation of landlords into a nation of peasant proprietors—apparently without loss to any one, and with gain to everybody concerned, except the British Government, who neither gain nor lose in the matter. The practicability, however, of such a scheme depends altogether on the security against loss afforded to the British tax-payer, for he is industrious and heavily burdened, and 20S IRELAND'S ALTERNATIVES. cannot be expected to assent to any plan which will land him in any appreciable loss. Here it is that the plan of Mr. Gladstone’s Land Bill differs from all other previous plans. Act after Act has been passed enabling the tenant to borrow money from the British Government on the security of the holding, for the purpose of enabling him to purchase the fee-simple. In such transactions the British Government becomes the mortgagee, and can only recover its money, if default is made in payment, by ejecting the tenant and becoming the landlord. In proportion, then, as any existing purchase Act succeeds, in the same propor¬ tion the risk of the British taxpayer increases. He is ever placed in the most invidious of all lights; instead of posing as the generous benefactor who holds forth his hand to rescue the landlord and tenant from an intolerable position, he stands forward either as the grasping mortgagee or as the still more hated landlord, who, having deprived the tenant of his holding, is seeking to introduce another man into property which really belongs to the ejected tenant. Such a position may be endurable when the number of purchasing tenants is small, but at once breaks down if agrarian reform in Ireland is to be extended so far as to make any appre¬ ciable difference in the relations of landlord and tenant; still more, if it become general. Now, what is the remedy of such a state of things ? Surely to interpose the Irish Government between the Irish debtor and his English creditor, and to provide that the Irish revenues in bulk, not the individual holdings of each tenant, shall be the security for the English creditor. This was the scheme embodied in the Land Act of 1886. The punctual payment of all money due from the Government of Ireland to the Govern¬ ment of Great Britain was to have been secured by the continuance in the hands of the British Government of the Excise and Customs duties, and by the appointment of an Imperial Receiver-General, assisted by subordinate officers. IRELAND'S ALTERNATIVES. 209 and protected by an Imperial Court. This officer would have received not only all the imperial taxes, but also the local taxes; and it would have been his duty to satisfy the claims of the British Government before he allowed any sum to pass into the Irish Exchequer. In effect, the British Government, in relation to the levying of imperial taxes, would have stood in the same relation to Ireland as Congress does to the United States in respect to the levying of federal taxes. The fiscal unity of Great Britain and Ireland would have been in this way secured, and the British Government protected against any loss of interest for the large sums to be expended in carrying into effect in Ireland any agrarian reform worthy of the name. The Irish Bills of 1886, as above represented, had at least three recommendations : 1. They created a state of things in Ireland under which it was possible to make a complete agrarian reform without exposing the English Exchequer to any appreciable risk. 2. They enabled the Irish to govern themselves as respects local matters, while preserving intact the supremacy of the British Parliament and the integrity of the Empire. 3. They enabled the British Parliament to govern the British Empire without any obstructive Irish interference. To the first of these propositions no attempt at an answer has been made. The Land Bill was never considered on its merits; indeed, was never practically discussed, but was at once swept into oblivion by the wave which overwhelmed the Home Rule Bill. The contention against the second proposition was concerned in proving that the supremacy of the British Parliament was not maintained : the practical answer to this objection has been given above. Pushed to its utmost, it could only amount to proof that an amendment ought to have been introduced in Committee, declaring, in words better selected than those introduced for that purpose in the p 210 IRELAND'S ALTERNATIVES. Bill, that nothing in the Act should affect the supremacy of the British Parliament. In short, the whole discussion here necessarily resolved itself into a mere verbal squabble as to the construction of a clause in a Bill not yet in Committee, and had no bottom or substance. It was also urged that the concession of self-government to Ireland was but another mode of handing over the Loyalist party—or, as it is sometimes called, the English garrison—to the tender mercies of the Parnellites. The reply to this would seem to be, that as respects property the Land Bill effectually prevented any interference of the Irish Parliament with the land; nay, more, enabled any Irishman desirous of turning his land into money to do so on the most advantageous terms that ever had been— and with a falling market it may be confidently prophesied ever can be—offered to the Irish landlord; while as respect life and liberty, were it possible that they should be endan¬ gered, it was the duty of the imperial officer, the Lord Lieu¬ tenant, to take means for the preservation of peace and good order; and behind him, to enforce his behests, stand the strong battalions who, to our sorrow be it spoken, have so often been called upon to put down disturbance and anarchy in Ireland. Competing plans have been put forward, with more or less detail, for governing Ireland. The suggestion that Ireland should be governed as a Crozofi colony need only be mentioned to be rejected. It means in effect, that Ireland should sink from the rank of an equal or indepen¬ dent member of the British Empire to the grade of the most dependent of her colonies, and should be governed despotically by English officials, without representation in the English Parliament or any machinery of local self- government. Another proposal has been to give four pro¬ vincial Governments to Ireland, limiting their powers to local rating, education, and legislation in respect of matters IRELAND'S ALTERNATIVES. 211 which form the subjects of private Bill legislation at present; in fact, to place them somewhat on the footing of the provinces of Canada, while reserving to the English Parlia¬ ment the powers vested in the Dominion of Canada. Such a scheme would seem adapted to whet the appetite of the Irish for nationality, without supplying them with any portion of the real article. It would supply no basis on which a system of agrarian reform could be founded, as it would be impos¬ sible to leave the determination of a local question, which is a unit in its dangers and its difficulties, to four different Legislatures; above all, the hinge on which the question turns—the sufficiency of the security for the British tax¬ payer— could not be afforded by provincial resources. Indeed, no alternative for the Land Bill of 1886 has been suggested which does not err in one of the following points: either it pledges English credit on insufficient security, or it requires the landowners to accept Irish debentures or some form of Irish paper money at par; in other words, it makes English taxes a fund for relieving Irish landlords, or else it compels the Irish landowner, if he sells at all, to sell at an inadequate price. Before parting with Canada, it may be worth while noticing that another, and more feasible, alternative is to imitate more closely the Canadian Consti¬ tution, and to vest the central or Dominion powers in a central Legislature in Dublin, parcelling out the provincial powers, as they have been called, amongst several provincial Legislatures. This scheme might be made available as a means of protecting Ulster from the supposed danger of undue interference from the Central Government, and for making, possibly, other diversities in the local adminis¬ tration of various parts of Ireland in order to meet special local exigencies. A leading writer among the dissentient Liberals has inti¬ mated that one of two forms of representative colonial government might be imposed on Ireland—-either the form 212 IRELAND'S ALTERNATJVES. in which the executive is conducted by colonial officials, or the form of the great irresponsible colonies. The first of these forms is open to the objection, that it perpetuates those struggles between English executive measures and Irish opinion which has made Ireland for centuries un¬ governable, and led to the establishment of the union and destruction of Irish independence in 1800; the second proposal would destroy the fiscal unity of the empire— leave the agrarian feud unextinguished, and aggravate the objections which have been urged against the Home Rule Bill of 1886. A question still remains, in relation to the form of the Home Rule Bill of 1886, which would not have deserved attention but for the prominence given to it in some of the discussions upon the subject. The Bill of 1886 provides “that the Legislature may make laws for the peace, order, and good government of Ireland,” but subjects their power to numerous exceptions and restric¬ tions. The Act establishing the Dominion of Canada enumerates various matters in respect of which the Legis¬ lature of Canada is to have exclusive power, but prefaces the enumeration with a clause “that the Dominion Legis¬ lature may make laws for the peace, order, and good govern¬ ment of Canada in relation to all matters not within the jurisdiction of the provincial Legislatures, although such matters may not be specially mentioned.” In effect, there¬ fore, the difference between the Irish Bill and the Canadian Act is one of expression and not of substance, and, although the Bill is more accurate in its form, it would scarcely be worth while to insist on legislating by exception instead of by enumeration if, by the substitution of the latter form for the former, any material opposition would be conciliated. What, then, are the conclusions intended to be drawn from the foregoing premises ? I. That coercion is played out, and can no longer be regarded as a remedy for the evils of Irish misrule. IRELAND'S ALTERNATIVES. 213 2. That some alternative must be found, and that the only alternative within the range of practical politics is some form of Home Rule. 3. That there is no reason for thinking that the grant of Home Rule to Ireland—a member only, and not one of the most important members, of the British Empire—will in any way dismember, or even in the slightest degree risk the dismemberment of the Empire. 4. That Home Rule presupposes and admits the supre¬ macy of the British Parliament. 5. That theory is in favour of Home Rule, as the nationality of Ireland is distinct, and justifies a desire for local independence ; while the establishment of Home Rule is a necessary condition to the effectual removal of agrarian disturbances in Ireland. 6. That precedent is in favour of granting Home Rule to Ireland— e.g. the success of the new Constitution in Austria-Hungary, and the happy effects resulting from the establishment of the Dominion of Canada. 7. That the particular form of Home Rule granted is comparatively immaterial. 8. That the Home Rule Bill of 1886 may readily be amended in such a manner as to satisfy all real and un¬ partisan objectors. 9. That the Land Bill of 1886 is the best that has ever been devised, having regard to the advantages offered to the new Irish Government, the landlord, and the tenant. THE PAST AND FUTURE OF THE IRISH QUESTION! By James Bryce, M.P. For half a century or more no question of English domestic politics has excited so much interest outside England as that question of resettling her relations with Ireland, which was fought over in the last Parliament, and still confronts the Parliament that has lately been elected. Apart from its dramatic interest, apart from its influence on the fortune of parties, and its effect on the imperial position of Great Britain, it involves so many large principles of statesman¬ ship, and raises so many delicate points of constitutional law, as to deserve the study of philosophical thinkers no less than of practical politicians in every free country. The circumstances which led to the introduction of the Government of Ireland Bill, in April, 1886, are familiar to Americans as well as Englishmen. Ever since the crowns and parliaments of Great Britain and Ireland were united, in A.D. 1800, there has been in Ireland a party which pro¬ tested against that union as fraudulently obtained and inex¬ pedient in itself. For many years this party, led by Daniel O’Connell, maintained an agitation for Repeal. After his * This article, which originally appeared in the American N'e"cii Princeton Revieiv, has been added to in a few places, in order to bring its narrative of facts up to date. PAST AND FUTURE OF THE IRISH QUESTION. 215 death a more extreme section, which sought the complete independence of Ireland, raised the insurrection of 1848, and subsequently, under the guidance of other hands, formed the Fenian conspiracy, whose projected insurrection was nipped in the bud in 1867, though the conspiracy con¬ tinued to menace the Government and the tranquillity of the island. In 1872 the Home Rule party was formed, demanding, not the Repeal of the Union, but the creation of an Irish Legislature, and the agitation, conducted in Parliament in a more systematic and persistent way than heretofore, took also a legitimate constitutional form. To this demand English and Scotch opinion was at first almost unanimously opposed. At the General Election of 1880, which, however, turned mainly on the foreign policy of Lord Beaconsfield’s Government, not more than three or four members were returned by constituencies in Great Britain who professed to consider Home Rule as even an open question. All through the Parliament, which sat from 1880 till 1885, the Nationalist party, led by Mr. Parnell, and including at first less than half, ultimately about half, of the Irish members, was in constant and generally bitter opposition to the Government of Mr. Gladstone. But during these five years a steady, although silent and often unconscious, process of change was passing in the minds of English and Scotch members, especially Liberal members, due to their growing sense of the mistakes which Parliament committed in handling Irish questions, and of the hoire- lessness of the efforts which the Executive was making to pacify the country on the old methods. The adoption of a Home Rule policy by one of the great English parties was, therefore, not so sudden a change as it seemed. The pro¬ cess had been going on for years, though in its earlier stages it was so gradual and so unwelcome as to be faintly felt and reluctantly admitted by the minds that were undergoing it. In the spring of 1886 the question could be no longer 2 i6 past ant future OF THE IRISH QUESTION. evaded or postponed. It was necessary to choose between one of two courses ; the refusal of the demand for self- government, coupled with the introduction of a severe Coercion Bill, or the concession of it by the introduction of a Home Rule Bill. There were some few who suggested, as a third course, the granting of a limited measure of local institutions, such as county boards; but most people felt, as did Mr. Gladstone’s Ministry, that this plan would have had most of the dangers and few of the advantages of either of the two others. How the Government of Ireland Bill was brought into the House of Commons on April 8th, amid circumstances of curiosity and excitement unparalleled since 1832; how, after debates of almost unprecedented length, it was defeated in June, by a majority of thirty; how the policy it em¬ bodied was brought before the country at the General Election, and failed to win approval—all this is too well known to need recapitulation here. But the causes of the disaster have not been well understood, for it is only now—now, when the smoke of the battle has cleared away from the held—that these causes have begun to stand revealed in their true proportions. Besides some circumstances attending the production of the Bill, to which I shall refer presently, and which told heavily against it, there were three feelings which worked upon men’s minds, disposing them to reject it. The hrst of these was dislike and fear of the Irish Nationalist members. In the previous House of Commons this party had been uniformly and bitterly hostile to the Liberal Government. Measures intended for the good of Ireland, like the Land Act of 1881, had been ungraciously received, treated as concessions extorted, for which no thanks were due—inadequate concessions, which must be made the starting-point for fresh demands. Obstruction had been freely practised to defeat not only bills restraining FAST AND FUTURE OF THE IRISH QUESTION. 217 the liberty of the subject in Ireland, but many other measures. Some few members of the Irish party had systematically sought to delay all English and Scotch legislation, and, in fact, to bring the work of Parliament to a dead stop. Much violent language had been used, even where the provocation was slight. The outbreaks of crime which had repeatedly occurred in Ireland had been, not, indeed, defended, but so often passed over in silence by Nationalist speakers, that English opinion w'as inclined to hold them practically responsible for disorders which, so it was thought, they had neither wished nor tried to prevent. (I am, of course, expressing no opinion as to the justice of this view, nor as to the excuses to be made for the Parlia¬ mentary tactics of the Irish party, but merely stating how their conduct struck many Englishmen.) There could be no doubt as to the hostility which they, still less as to that which their fellow-countrymen in the United States, had expressed toward England, for they had openly wished success to Russia while war seemed impending with her, and the so-called Mahdi of the Soudan was vociferously cheered at many a Nationalist meeting. At the Election of 1885 they had done their utmost to defeat Liberal candi¬ dates in every English and Scotch constituency where there existed a body of Irish voters, and had thrown some twenty seats or more into the hands of the Tories. Now, to many Englishmen, the proposal to create an Irish Parliament seemed nothing more or less than a proposal to hand over to these Irish members the government of Ireland, with all the opportunities thence arising to oppress the opposite party in Ireland and to worry England herself. It was all very well to urge that the tactics which the Nationalists had pursued when their object was to extort Home Rule would be dropped, because superfluous, when Home Rule had been granted ; or to point out that an Irish Parliament would contain different men from those who had been sent 2iS FAST AND FUTURE OF THE IRISH QUESTION. to Westminster as Mr. Parnell’s nominees. Neither of these arguments could overcome the suspicious antipathy which many Englishmen felt, nor dissolve the association in their minds between the Nationalist leaders and the forces of dis¬ order. The Parnellites (thus they reasoned) are bad men ; what they seek is therefore likely to be bad, and whether bad in itself or not, they will make a bad use of it. In such reasonings there was more of sentiment and prejudice than of reason, but sentiment and prejudice are proverbially harder than arguments to expel from minds where they have made a lodgment. The internal condition of Ireland supplied more sub¬ stantial grounds for alarm. As everybody knows, she is not, either in religion or in blood, or in feelings and ideas, a homogeneous country. Three-fourths of the people are Roman Catholics, one-fourth Protestants, and this Protestant fourth subdivided into bodies not fond of one another, who have little community of sentiment. Besides the Scottish colony in Ulster, many English families have settled here and there through the country. They have been regarded as intruders by the aboriginal Celtic population, and many of them, although hundreds of years may have passed since they came, still look on themselves as rather English than Irish. The last fifty years, whose wonderful changes have in most parts of the world tended to unite and weld into one compact body the inhabitants of each part of the earth’s surface, connecting them by the ties of commerce, and of a far easier and swifter intercourse than was formerly possible, have in Ireland worked in the opposite direction. It has become more and more the habit of the richer class in Ireland to go to England for its enjoyment, and to feel itself socially rather English than Irish. Thus the chasm between the immigrants and the aborigines has grown deeper. The upper class has not that Irish patriotism which it showed in the days of the National Irish PAST AND FUTURE OF THE IRISH QUESTION. 219 Parliament (1782-1800), and while there is thus less of a common national feeling to draw rich and poor together, the strife of landlords and tenants has continued, iiritating the minds of both parties, and gathering them into two hostile camps. As everybody knows, the Nationalist agita¬ tion has been intimately associated with the Land agitation— has, in fact, found a strong motive-force in the desire of the tenants to have their rents reduced, and themselves secured against eviction. Now, many people in England assumed that an Irish Parliament would be under the control of the tenants and the humbler class generally, and would therefore be hostile to the landlords. They went farther, and made the much bolder assumption that as such a Parliament would be chosen by electors, most of whom were Roman Catholics, it would be under the control of the Catholic priesthood, and hostile to Protestants. Thus they supposed that the grant of self-government to Ireland would mean the abandonment of the upper and wealthier class, the landlords and the Protestants, to the tender mercies of their enemies. Such abandonment, it was proclaimed on a thousand plat¬ forms, would be disgraceful in itself, dishonouring to Eng¬ land, a betrayal of the very men who had stood by her in the past, and were prepared to stand by her in the future, if only she would stand by them. It was, of course, replied by the defenders of the Home Rule Bill, that what the so- called English party in Ireland really stood by was their own ascendency over the Irish masses — an oppressive ascendency, which had caused most of the disorders of the country. As to religion, there were many Protestants besides Mr. Parnell himself among the Nationalist leaders. There was no ill-feeling (e.xcept in Ulster) between Pro¬ testants and Roman Catholics in Ireland. There was no reason to expect that either the Catholic hierarchy or the priesthood generally would be supreme in an Irish Parlia¬ ment, and much reason to expect the contrary. As regards 220 FAST AND FUTURE OF THE IRISH QUESTION. Ulster, where, no doubt, there were special difficulties, due to the bitter antagonism of the Orangemen (not of the Pro¬ testants generally) and Catholics, Mr. Gladstone had under¬ taken to consider any special provisions which could be suggested as proper to meet those difficulties. These replies, however, made little impression. They were pro¬ nounced, and pronounced all the more confidently the more ignorant of Ireland the speaker was, to be too hypothetical. To many Englishmen the case seemed to be one of two hostile factions contending in Ireland for the last sixty years, and that the gift of self-government might enable one of them to tyrannize over the other. True, that party was the majority, and, according to the principles of democratic government, therefore entitled to prevail. But it is one thing to admit a principle and another to consent to its application. The minority had the sym¬ pathy of the upper classes in England, because the minority contained the landlords. It had the sympathy of a part of the middle class, because it contained the Protestants. And of those Englishmen who were impartial as between the Irish factions, there were some who held that England must in any case remain responsible for the internal peace and the just government of Ireland, and could not grant powers whose possession might tempt the one party to injustice, and the other to resist injustice by violence. There was another anticipation, another forecast of evils to follow, which told most of all upon English opinion. This was the notion that Home Rule was only a stage in the road to the complete separation of the two islands. The argument was conceived as follows; “ The motive passions of the Irish agitation have all along been hatred toward England and a desire to make Ireland a nation, holding her independent place among the nations of the world. This design was proclaimed by the Young Irelanders of 1848 and by the Fenian rebels of 1866; it has been avowed, in inter- PAST AND FUTURE OF THE IRISH QUES 7 I 0 N. 221 vals of candour, by the present Nationalists themselves. The grant of an Irish Parliament will stimulate rather than appease this thirst for separate national existence. The nearer complete independence seems, the more will it be desired. Hatred to England will still be an active force, because the amount of control which England retains will irritate Irish pride, as well as limit Irish action; while all the misfortunes which may befall the new Irish Government will be blamed, not on its own imprudence, but on the English connection. And as the motives for seeking separation will remain, so the prospect of obtaining it will seem better. Agitation will have a better vantage- ground in an Irish Parliament than it formerly had among the Irish members of a British Legislature; and if actual resistance to the Queen’s authority should be attempted, it will be attempted under conditions more favourable than the present, because the rebels will have in their hands the machinery of Irish Government, large financial resources, and a prima facie title to represent the will of the Irish people. As against a rebellious party in Ireland, England has now two advantages—an advantage of theory, an advan¬ tage of fact. The advantage of theory is that she does not admit Ireland to be a distinct nation, but maintains that in the United Kingdom there is but one nation, whereof some inhabit Great Britain and some Ireland. The advantage of fact is that, through her control of the constabulary, the magistrates, the courts of justice, and, in fine, the whole administrative system of Ireland, she can easily quell in¬ surrectionary movements. By creating an Irish Parliament and Government she would strip herself of both these advantages.” I need hardly say that I do not admit the fairness of this statement of the case, because some of the premises are untrue, and because it misrepresents the nature of the Irish Government which Mr. Gladstone’s Bill would have created. 222 FAST AND FUTURE OF THE IRISH QUESTION But I am trying to state the case as it was sedulously and skilfully presented to Englishmen. And it told all the more upon English waverers, because the considerations above mentioned seemed, if well founded, to destroy and cut away the chief ground on which Home Rule had been advocated, viz. that it would relieve England from the constant pressure of Irish discontent and agitation, and bring about a time of tranquillity, permitting good feeling to grow up between the peoples. If Home Rule was, after all, to be nothing more than a half-way house to independence, an Irish Parliament only a means of extorting a more com¬ plete emancipation from imperial control, was it not much better to keep things as they were, and go on enduring evils, the worst of which were known already? Hence the advo¬ cates of the Bill denied not the weight of the argument, but its applicability. Separation, they urged, is impossible, for it is contrary to the nature of things, which indicates that the two islands must go together. It is not desired by the Irish people, for it would injure them far more than it could possibly injure England, since Ireland finds in England the only market for her produce, the only source whence capital flows to her. A small revolutionary party has, no doubt, conspired to obtain it. But the only sympathy they received was due to the fact that the legitimate demand of Ireland for a recognition of her national feeling and for the manage¬ ment of her own local affairs was contemptuously ignored by England. The concession of that demand will banish the notion even from those minds which now entertain it, whereas its continued refusal may perpetuate that alienation of feeling whiclr is at the bottom of all the mischief, the one force that makes for separation. It is no part of my present purpose to examine these arguments and counter arguments, but only to show what were the grounds on which a majority of the English voters refused to pronounce in favour of the Home Rule Bill. The PASr AND FUTURE OF THE IRISH QUESTION. 223 reader will have observed that the issues raised were not only numerous, but full of difficulty. They were issues of fact, involving a knowledge both of the past history of Ireland and of her present state. They were also issues of inference, for even supposing the broad facts to be ascertained, these facts were susceptible of different interpretations, and men might, and did, honestly draw opposite conclusions from them. A more obscure and complicated problem, or rather group of problems, has seldom been presented to a nation for its decision. But the nation did not possess the requisite knowledge. Closely connected as Ireland seems to be with England, long as the Irish question has been a main trouble in English politics, the English and Scottish people know amazingly little about Ireland. Even in the upper class, you meet with comparatively few persons who have set foot on Irish soil, and, of course, far fewer who have ever examined the condition of the island and the sources of her discontent. Irish history, which is, no doubt, dismal read¬ ing, is a blank page to the English. In January, 1886, one found scarce any politicians who had ever heard of the Irish Parliament of 1782. And in that year, 1886, an English¬ man anxious to discover the real state of the country did not know where to go for information. AVhat appeared in the English newspapers, or, rather, in the one English newspaper which keeps a standing “own correspondent” in Dublin, was (as it still is) a grossly and almost avowedly partisan report, in which opinions are skilfully mixed with so-called facts, selected, consciously or uncon¬ sciously, to support the writer’s view. The Nationalist press is, of course, not less strongly partisan on its own side, so that not merely an average Englishman, but even the editor of an English newspaper, who desires to ascertain the true state of matters and place it before his English readers, has had, until within the last few months, when events in Ireland began to be fully reported in Great Britain, 224 FAST AND FUTURE OF THE IRISH QUESTION. no better means at his disposal for understanding Ireland than for understanding Bulgaria. I do not dwell upon this ignorance as an argument for Home Rule, though, of course, it is often so used. I merely wish to explain the bewilder¬ ment in which Englishmen found themselves when required to settle by their votes a question of immense difficulty. Many, on both sides, simply followed their party banners. Tories voted for Lord Salisbury; thorough-going admirers of Mr, Gladstone voted for Mr. Gladstone. But there was on the Liberal side a great mass who were utterly perplexed by the position. Contradictory statements of fact, as well as contradictory arguments, were flung at their heads in dis¬ tracting profusion. They felt themselves unable to determine what was true and who was right. But one thing seemed clear to them. The policy of Home Rule was a new policy. They had been accustomed to censure and oppose it. Only nine months before, the Irish Nationalists had emphasized their hostility to the Liberal party by doing their utmost to defeat Liberal candidates in English constituencies. Hence, when it was proclaimed that Home Rule was the true remedy which the Liberal party must accept, they were startled and discomposed. Now, the English are not a nimble-minded people. They cannot, to use a familiar metaphor, turn round in their own length. Their momentum is such as to carry them on for some distance in the direction wherein they have been moving, even after the order to stop has been given. They need time to appreciate, digest, and compre¬ hend a new proposition. Timid they are not, nor, perhaps, exceptionally cautious, but they do not like to be hurried, and insist on looking at a proposition for a good while before they come to a decision regarding it. It is one of the qualities which make them a great people. As has been observed, this proposition was novel, was most serious, and raised questions which they felt that their knowledge was insuf- FAST AND FUTURE OF THE IRISH QUESTION. 225 ficient to determine. Accordingly, a certain section of the Liberal party refused to accept it. A great number, probably the majority, of these doubtful men abstained from voting. Others voted against the Home Rule Liberal candidates, not necessarily because they condemned the policy, but because, as they were not satisfied that it was right, they deemed delay a less evil than the committal of the nation to a new departure, which might prove irrevocable. It must not, however, be supposed that it was only hesita¬ tion which drove many Liberals into the host arrayed against the Irish Government Bill. I have already said that among the leaders there were some, and those men of great influ¬ ence, who condemned its principles. This was true also of a considerable, though a relatively smaller, section of the rank and file. And it was only what might have been expected. The proposal to undo much of the work done in 1800, to alter fundamentally the system which had for eighty-six years regulated the relations of the two islands, by setting up a Parliament in Ireland, was a proposal which not only had not formed a part of the accepted creed of the Liberal party, but fell outside party lines altogether. It might, no doubt, be argued, as was actually done, and as those who understand the history of the Liberal party have more and more come to see, that Liberal principles recom¬ mended it, since they involve faith in the people, and faith in the curative tendency of local self-government. But this was by no means axiomatic. Taking the whole complicated facts of the case, and taking Liberalism as it had been prac¬ tically understood in England, a man might in July, 1886, deem himself a good Liberal and yet think that the true interests of both peoples would be best served by maintain¬ ing the existing Parliamentary system. Similarly, there was nothing in Toryism or Tory principles to prevent a fair-minded and patriotic Tory from approving the Home Rule scheme. Q 226 FAST ANT FUTURE OF THE IRISH QUESTION. It was a return to the older institutions of the monarchy, and not inconsistent with any of the doctrines which the Tory party had been accustomed to uphold. The question, in short, was one of those which cut across ordinary party lines, creating new divisions among politicians; and there might have been and ought to have been Liberal Home Rulers and Tory Home Rulers, Liberal opponents of Home Rule and Tory opponents of Home Rule. But here comes in a feature, a natural but none the less a regrettable feature, of the English party system. As the object of the party in opposition is to turn out the party in power and seat itself in their place, every Opposition regards with the strongest prejudice the measures proposed by a ruling Ministry. Cases sometimes occur where these measures are so obviously necessary, or so evidently ap¬ proved by the nation, that the Opposition accepts them. But in general it scans them with a hostile eye. Human nature is human nature; and when the defeat of Govern¬ ment can be secured by defeating a Government Bill, the temptation to the Opposition to secure it is irresistible. Now, the Tory party is far more cohesive than the Liberal party, far more obedient to its leaders, far less disposed to break into sections, each of which thinks and acts for itself. Accordingly, that division of opinion in the Tory party which might have been expected, and which would have occurred if those who composed the Tory party had been merely so many reflecting men, and not members of a closely com¬ pacted political organization, did not occur. Liberals were divided, as such a question would naturally divide them. Tories were not divided; they threw their whole strength against the Bill. I am far from suggesting that they did so against their consciences. Whatever may be said as to two or three of the leaders, whose previous language and conduct seemed to indicate that they would themselves, had the election of 1885 gone differently, have been inclined to a FAST AND FUTURE OF THE IRISH QUESTION. 227 Home Rule policy, many of the Tory chiefs, as well as the great mass of the party, honestly disapproved Mr. Gladstone’s measure. But their party motives and party affiliations gave it no chance of an impartial verdict at their hands. They went into the jury-box with an invincible prepossession against the scheme of their opponents. When all these difficulties are duly considered, and especially when regard is had to those which I have last enumerated, the sudden¬ ness with which the new policy was launched, and the fact that as coming from one party it was sure beforehand of the hostility of the other, no surprise can be felt at its fate. Those who, in England, now look back over the spring and summer of 1886 are rather surprised that it should come so near succeeding. To have been rejected by a majority of only thirty in Parliament, and of little over ten per cent, of the total number of electors who voted at the general election, is a defeat far less severe than any one who knew England would have predicted. That the decision of the country is regarded by nobody as a final decision goes without saying. It was not regarded as final, even in the first weeks after it was given. This Avas not because the majority was comparatively small, for a smaller majority the other way would have been conclusive. It is because the country had not time enough for full con¬ sideration and deliberate judgment. The Bill was brought in on April 14th, the elections began on July ist; no one can say what might have been the result of a long discussion, during which the first feelings of alarm (for alarm there was) might have Avorn off. And the decision is Avithout finality, also, because the decision of the country A\’as merely against the particular plan proposed by Mr. Gladstone, and not in favour of any alternative plan for dealing Avith Ireland, most certainly not for the coercive method which has since been adopted. One particular solution of the Irish problem was refused. The problem still stands confronting us, and 228 FAST AND FUTURE OF THE IRISH QUESTION. when other modes of solving it have been in turn rejected, the country may come back to this mode. We may now turn from the past to the future. Yet the account which has been given of the feelings and ideas arrayed against the Bill does not wholly belong to the past. They are the feelings to which the opponents of any plan of self-government for Ireland still appeal, and which will have to be removed or softened down before it can be accepted by the English. In particular, the probability of separation, and the supposed dangers to the Protestants and the land¬ lords from an Irish Parliament, will continue to form the themes of controversy so long as the question remains unsettled. What are the prospects of its settlement ? What is the position which it now occupies ? How has it affected the current politics of England ? It broke up the Liberal party in Parliament. The vast' numerical majority of that party in the country supported, and still supports, Mr. Gladstone and the policy of Irish self- government. But the dissentient minority includes many men of influence, and constitutes in the Plouse of Commons a body of about seventy members, who hold the balance between parties. Eor the present they are leagued with the Tory Ministry to resist Home Rule, and their support insures a parliamentary majority to that Ministry. But it is, of course, necessary for them to rally to Lord Salisbury, not only on Irish questions, but on all questions; for, under our English system, a Ministry defeated on any serious issue is bound to resign, or dissolve Parliament. Now, to maintain an alliance for a special purpose, between members of opposite parties, is a hard matter. Agreement about Ireland does not, of itself, help men to agree about foreign policy, or bimetallism, or free trade, or changes in land laws, or ecclesiastical affairs. When these and other grave questions come up in Parlia¬ ment, the Tory Ministry and their Liberal allies must, on /’AST AND FUTURE OF THE IRISH QUESTION. 229 every occasion, negotiate a species of concordat, whereby the liberty of both is fettered. One party may wish to resist innovation, the other to yield to it, or even to antici¬ pate it. Each is obliged to forego something in order to humour the other ; neither has the pleasure or the credit of taking a bold line on its own responsibility. There is, no doubt, less difference between the respective tenets of the great English parties than there was twenty years ago, when Mr. Disraeli had not yet completed the education of one party, and economic laws were still revered by the other. But, besides its tenets, each party has its tendencies, its sympathies, its moral atmosphere; and these differ so widely as to make the co-operation of Tories and Liberals constrained and cumbrous. Moreover, there are the men to be considered, the leaders on each side, whose jealousies, rivalries, suspicions, personal incompatibilities, neither old habits of joint action nor corporate party feeling exist to soften. On the whole, therefore, it is unlikely that the league of these two parties, united for one question only, and that a question which will pass into new phases, can be durable. Either the league will dissolve, or the smaller party will be absorbed into the larger. In England, as in America, third parties rarely last. The attraction of the larger mass is irresistible, and when the crisis which created a split or generated a new group has passed, or the opinion the new group advocates has been either generally dis¬ credited or generally adopted, the small party melts away, its older members disappearing from public life, its younger ones finding their career in the ranks of one of the two great standing armies of politics. If the dissentient, or anti- Blome Rule, Liberal party lives till the next general election, it cannot live longer, for at that election it will be ground to powder between the upper and nether millstones of the regular Liberals and the regular Tories. I'he Irish struggle of 1886 has had another momentous 230 jPASr AND FUTVRR OF THE IRISH QUESTION. consequence. It has brought the Nationalist or Parnellite party into friendly relations with the mass of English Liberals. _ When the Home Rule party was founded by Mr. Butt, some fifteen years ago, it had more in common with the Liberal than with the Tory party. But as it demanded what both English parties were then resolved to refuse, it was forced into antagonism to both; and from 1877 onward (Mr. Butt being then dead) the antagonism became bitter, and, of course, specially bitter as toward the statesmen in power, because it was they who continued to refuse what the Nationalists sought. Mr. Parnell has always stated, with perfect candour, that he and his friends must fight for their own hand unhampered by English alliances, and getting the most they could for Ireland from the weakness of either English party. This position they still retain. If the Tory party will give them Home Rule, they will help the Tory party. However, as the Tory party has gained office by opposing Home Rule, this contingency may seem not to lie within the immediate future.' On the other hand, the Gladstonian Liberals have lost office for their advocacy of Home Rule, and now stand pledged to maintain the policy they have proclaimed. The Nationalists have, therefore, for the first time since the days immediately following the Union of A.r>. 1800 (a measure which the Whigs of those days resisted), a great English party admitting the justice of their claim, and inviting them to agitate for it by purely constitutional methods. For such an alliance the English Liberals are hotly reproached, both by the Tories and by the dissentients who follow Lord Hartington and Mr. Chamberlain. They are accused of disloyalty to England. The past acts and words of the Nationalists are thrown in their teeth, and they are told that in supporting the Irish claim they condone such acts, they adopt such words. They reply by denying the adoption, and by pointing out that the Tories themselves were from 1881 till 1886 in PAST AND FUTURE OF THE IRISH QUESTION. 231 a practical, and often very close, though unavowed. Parlia¬ mentary alliance with the Nationalists in the House of Commons. The student of history will, however, conceive that the Liberals have a stronger and higher defence than any tu qiioque. Issues that involve the welfare of peoples are far too serious for us to apply to them the same senti¬ ments of personal taste and predilection which we follow in inviting a dinner j^arty, or selecting companions for a vacation tour. If a man has abused your brother, or got drunk in the street, you do not ask him to go with you to the Yellowstone Park. But his social offences do not prevent you from siding with him in a political convention. So, in politics itself, one must distinguish between characters and opinions. If a man has shown himself unscrupulous or headstrong, you may properly refuse to vote him into office, or to sit in the same Cabinet with him, because you think these faults of his dangerous to the country. But if the cause he pleads be a just one, you have no more right to be prejudiced against it by his conduct than a judge has to be swayed by dislike to the counsel who argues a case. There were moderate men in America, who, in the days of the anti-slavery movement, cited against it the intemperate language of many abolitionists. There were aristocrats in England, who, during the struggle for the freedom and unity of Italy, sought to discredit the patriotic party by accusing them of tyrannicide. But the sound sense of both nations refused to be led away by such arguments, because it held those two causes to be in their essence righteous. In all revolutionary movements there are elements of excess and violence, which sober men may regret, but which must not disturb our judgment as to the substantial merits of an issue. The revolutionist of one generation is, like Garibaldi or Mazzini, the hero of the next; and the verdict of posterity applauds those who, even in his own day, were able to discern the justice of the 232 PAST AND FUTURE OF THE IRISH QUESTION. cause, under the errors or faults of its champion. Doubly is it the duty of a great and far-sighted statesman not to be repelled by such errors, when he can, by espousing a revolutionary movement, purify it of its revolutionary character, and turn it into a legitimate constitutional struggle. This is what Mr. Gladstone has done. If his policy be in itself dangerous and disloyal to the true interests of the people of our islands, let it be condemned. But if it be the policy which has the best promise for the peace, the prosperity, and the mutual good will of those peoples, he and those who follow him would be culpable indeed were they to be deterred by the condemnation which they have so often expressed, and which they still express, for some of the past acts of a particular party, from declaring that the aims of that party were substantially right aims, and from now pressing upon the country what their conscience approves. However, as the Home Rule Liberals and Nationalists, taken together, are in a minority (although a minority which obtains recruits at many bye-elections) in the present Par¬ liament, it is not from them that fresh proposals are expected. They will, of course, continue to speak, write, and agitate on behalf of the views they hold. But practical attempt to deal with Irish troubles must for the present come from the Tory Ministry; for in the English system of government those who command a Parliamentary majority are responsible for legislation as well as administration, and are censured not merely if their legislation is bad, but if it is not forthcoming when events call for it. Why, it may be asked, should Lord Salisbury’s Govern¬ ment burn its fingers over Ireland, as so many governments have burnt their fingers before? Why not let Ireland alone, giving to foreign affairs and to English and Scottish reforms all the attention which these too much neglected matters need ? PAST AND FUTURE OF THE IRISH QUESTION. 233 Well would it be for England, as well as for English Ministries, if Ireland could be simply let alone,‘_her maladies left to be healed by the soft, slow hand of nature. But Irish troubles call aloud to be dealt with, and that promptly. They stand in the way of all other reforms, indeed of all other business. Letting alone has been tried, and it has succeeded no better, even in times less urgent than the present, than the usual policy of coercion followed by concession, or concession followed by coercion. There are three aspects of the Irish question, three channels by which the troubles of the “ distressful island ” stream down upon us, forcing whoever now rules or may come to rule in England to attempt some plan for dealing with them. I will take them in succession. The first is the Parliamentary difficulty. In the British Plouse of Commons, with its six hundred and seventy members, there are nearly ninety Irish Nationalists. They are a well-disciplined body, voting as one man, though capable of speaking enough for a thousand. They have no interest in English or Scotch or colonial or Indian affairs, but only in Irish, and look upon the vote which they have the right of giving upon the former solely as a means of furthering their own- Irish aims. They are, therefore, in the British Parliament not merely a foreign body, indifferent to the great British and imperial issues confided to it, but a hostile body, opposed to its present constitution, seeking to discredit it in its authority over Ireland, and to make more and more palpable and incurable the incompetence for Irish business whereof they accuse it. Several modes of doing this are open to them. They may, as some of the more actively bitter among them did in the Parliaments of 1874 and 1880, obstruct business by long and frequent speeches, dilatory motions, and all those devices which in America are called filibustering. The House of Commons may, no doubt, try to check these tactics by more stringent 234 A/i'r AND FUTURE OF THE IRISH QUESTION. rules of procedure, but the attempts already made in this direction have had but slight success, and every restriction of debate, since it trenches on the freedom of English and Scotch no less than of Irish members, injures Parliament as a whole. They may disgust the British people with the House of Commons by keeping it (as they have done in former years) so constantly occupied with Irish business as to leave it little time for English and Scotch measures. They may throw the weight of their collective vote into the scale of one or other British party, according to the amount of concession it udll make to them, or, by always voting against the Ministry of the day, they may cause frequent and sudden changes of Government. This plan also they have followed in time past; for the moment it is not so applicable, because the Tories and dissentient Liberals, taken together, possess a majority in the House of Commons. But at any moment the alliance of those two sections may vanish, or another General Election may leave Tories and Liberals so nearly balanced that the Irish vote could turn the scale. Whoever reflects on the nature of Parliamentary Government will perceive that it is based on the assumption that the members of the ruling assembly, however much they may differ on other subjects, agree in desiring the strength, dignity, and welfare of the assembly itself, and in caring for the main national interests which it controls. He will therefore be prepared to expect count¬ less and multiform difficulties in working such a Govern¬ ment, where a large section of the assembly seeks not to use, but to make useless, its forms and rules—not to preserve, but to lower and destroy, its honour, its credit, its efficiency. In vain are Irish members blamed for these tactics, for they answer that the interests of their own country require them to seek first her welfare, which can in their view be secured only by removing her from the direct control of what they deem a foreign assembly. Now that the demand for Irish PAST AND FUTURE OF THE IRISH QUESTION. 233 self-government has obtained the sympathy of the bulk of English Liberals, they are unlikely forthwith to resume the systematic obstruction of past years. But they will be able, without alienating their English friends, to render the conduct of Parliamentary business so difficult that every English Ministry will be forced either to crush them, if it can, or to appease them by a series of concessions. The second difficulty is that of maintaining social order in Ireland. What that difficulty is, and whence it arises, every one knows. It is chronic, but every second or third winter, when there has been a wet season, or the price of live stock declines, it becomes specially acute. The tenants refuse to pay rents which they declare to be impossible. The landlords, or the harsher among them, try to enforce rents by evictions; evictions are resisted by outrages and boycotting. Popular sentiment supports those who commit outrages, because it considers the tenantry to be engaged in a species of war, a righteous w’ar, against the landlord. Evidence can seldom be obtained, and juries acquit in the teeth of evidence. Thus the enforcement of the law strains all the resources of authority, while a habit of lawlessness and discontent is transmitted from generation to generation. Of the remedies proposed for this chronic evil the most obvious is the strengthening of the criminal law. We have been trying this for more than one hundred years, since Whiteboyism appeared, and trying it in vain. Since the Union, Coercion Acts, of more or less severity, have been almost always in force in Ireland, passed for two or three years, then dropped for a year or two, then renewed in a form slightly varying, but always with the same result of driving the disease in for a time, but not curing it. Mr. Gladstone proposed to buy out the landlords and then leave an Irish Parliament to restore social order, with that authority which it would derive from having the will of the people behind it; because he held that when the 236 PAST AND FUTURE OF THE IRISH QUESTION. peojjle felt the law to be of their own making, and not imposed from without, their sentiment would be enlisted on its side, and the necessity for a firm Government recognized. This plan, has, however, been rejected, so the choice was left of a fresh Coercion Act, or of some scheme, necessarily a costly scheme, for getting rid of the source of trouble by transferring the land of Ireland to the peasantry. The present Government, while guided by Sir M. Hicks-Beach, who had some knowledge of Ireland, did its best to per¬ suade the landlords to accept reduced rents, while the Nationalist leaders, on their side, sought to restrain the people from outrages. But the armistice did not last. The Ministry yielded to the foolish counsels of its more violent supporters, and entrusted Irish affairs to the hands of a Chief Secretary without previous knowledge of the island. An unusually severe Coercion Act has been brought in and passed by the aid of the dissentient Liberals. And we- now see this Act administered with a mixture of virulence and incompetence to which even the dreary annds of Irish misgovernment present few parallels. The feeling of the English people is rising against the policy carried out in their name. So far from being solved, the problem of social order becomes every day more acute. There remains the question of a reform of local govern¬ ment. For many years past, every English Ministry has undertaken to frame a measure creating a new system of popular rural self-government in England. It is the first large task of domestic legislation which we ask from Parlia¬ ment. When such a scheme is proposed, can Ireland be left out of it? Should she be left out, the argument that she is being treated unequally and unfairly, as compared with England, would gain immense force; because the present local government of Ireland is admittedly less popular, less efficient, altogether less defensible, than even that of England which we are going to reform. If, there- FAST AND FUTURE OF THE IRISH QUESTION. 237 fore, the theory that the Imperial Parliament is both anxious and able to do its duty by Ireland is to be maintained, Ireland, too, must have her scheme of local government. And a scheme of local government is a large project, the discussion of which must pass into a discussion of the government of the island as a whole. Since, then, we may conclude that whatever Ministry is in power will be bound to take up the state of Ireland— since Parliament and the nation will be occupied with the subject during the coming sessions fully as much as they have been during those that have recently passed—the next inquiry is. What will the tendency of opinion and legislation be ? Will the reasons and forces described above bring us to Home Rule ? and if so, when, how, and why ? There are grounds for answering these questions in the negative. A majority of the House of Commons, including the present Ministry and such influential Liberals as Mr. Bright, Lord Hartington, Mr. Chamberlain, stand pledged to resist it, and seem—such is the passion which con¬ troversy engenders—more disposed to resist it than they were in 1885. But this ground is less strong than it may appear. We have had too many changes of opinion—ay, and of action too—upon Irish affairs not to be prepared for further changes. A Ministry in power learns much which an Opposition fails to learn. Home [Rule is an' elastic ex¬ pression, and some of those who were loudest in denouncing Mr. Gladstone’s Bill will find it easy to explain, should they bring in a Bill of their own for giving self-government to Ireland, that their measure is a different thing, and free from the objections brought against his. Nor, if such a conversion should come, need it be deemed a dishonest one, for events are potent teachers, and governments now seek rather to follow than to form opinion. Although a decent interval must be allowed, no one will be astonished if the Tory leaders should move ere long in the direction indicated. 23S FAST AND FUTURE OF THE IRISH QUESTION. Toryism itself, as has been remarked already, contains nothing opposed to the idea. Far greater obstacles exist in the aversion which (as already observed) so many Englishmen of both parties have entertained for any scheme which should seem to leave the Protestant minority at the mercy of the peasant and Roman Catholic majority, and to carry us some way toward the ultimate separation of the islands. These alarms are genuine and deep-seated. One who (like the present writer) thinks them, if not baseless, yet immensely overstrained, is, of course, convinced that they may be allayed. But time must first pass, and the plan that is to allay them may have to be framed on somewhat different lines from those of Mr. Gladstone’s measure. It is even possible that a conflict more sharp and painful than any of recent years may intervene before a settlement is reached. Nevertheless, great as are the obstacles in the way, bitter as are the reproaches with which Mr. Gladstone is pursued by the richer classes in England, there is good reason to believe that the current is setting toward his policy. In proceeding to state the grounds for this view, I must frankly own that I am no longer (as in most of the preceding pages) merely setting forth facts on which impartial men in England would agree. The forecast which I seek to give may be tinged by my own belief that the grant of self-government is the best, if not the only method, now open to us of establishing peace between the islands, relieving the English Parliament of work it is ill fitted to discharge, allowing Ireland opportunities to learn those lessons in politics which her people so much need. The future, even the near future, is more than usually dim. Yet, if we examine those three branches of the Irish question which have been enumerated above, we shall see how naturally, in each of them, the con¬ cession of self-government seems to open, I will not say the most direct, but the least dangerous way, out of our troubles. FAST AND FUTURE OF THE IRISH QUESTION. 239 The Parliamentary difficulty arises from the fact that the representatives of Ireland have the feelings of foreigners sitting in a foreign assembly, whose honour [and usefulness they do not desire. While these are their feelings they cannot work properly in it, and it cannot work properly with them. The inconvenience may be endured, but the English will grow tired of it, and be disposed to rid them¬ selves of it, if they see their way to do so without greater mischief. There are but two ways out of the difficulty. One is to get rid of the Irish members altogether; the other is to make them, by the concession of their just demands, contented and loyal members of a truly united Parliament. The experience of the Parliament of 18S0, which was mainly occupied with Irish business, and began, being a strongly Liberal Parliament, with a bias toward the Irish popular party, showed how difficult it is for a House of Commons which is ignorant of Ireland to legislate wisely for it. In the House of Lords there is not a single Nationalist; indeed, up till 1886, that exalted chamber contained only one peer. Lord Dalhousie (formerly member for Liverpool), who had ever said a word in favour of Home Rule. The more that England becomes sensible, as she must become sensible, of the deficiencies of the present machinery for appreciating the needs and giving effect to the wishes of Irishmen, the more disposed will she be to grant them some machinery of their own. As regards social order, I have shown that the choice which lies before the opponents of Home Rule is either to continue the policy of coercing the peasantry by severe special legislation, or to remove the source of friction by buying out the landlords for the benefit of the tenants. The present Ministry have chosen the former alternative, but they dangle before the eyes of their supporters some prospect that they may ultimately revert to the latter. Now, the only way that has yet been pointed out of buying out 240 FAST AND FUTURE OF THE IRISH QUESTION. the landlords, without imposing tremendous liabilities of loss upon the British Treasury, is the creation of a strong Home Rule Government in Dublin. Supposing, however, that some other plan could be discovered, which would avoid the fatal objections to which an extension of the plan of the (Salisbury) Land Purchase Act of 1885 is open, such a plan would remove one of the chief objections to an Irish Parliament, by leaving no estates for such a Parliament to confiscate. As for coercion every day, I might say, every bye-election shows us how it becomes more and more odious to the British democracy. They dislike severity; they dislike the inequality involved in passing harsher laws for Ireland than those that apply to England and Scotland. They find themselves forced to sympathize with acts of violence in Ireland which they would condemn in Great Britain, because these acts seem the only way of resisting harsh and unjust laws. When the recoil comes, it will be more violent than in former days. The wish to discover some other course will be very strong, and the obvious other course will be to leave it to an Irish authority to enforce social order in its own way—probably a more rough-and- ready way than that of British officials. The notion which has possessed most Englishmen, that Irish self-government would be another name for anarchy, is curiously erroneous. Conflicts there may be, but a vigorous rule will emerge. Lastly, as to local government. If a popular system is established in Ireland—one similar to that which it is pro¬ posed to establish in England—the control of its assemblies and officials will, over four-fifths of the island, fall into Nationalist hands. Their power will be enormously in¬ creased, for they will then command the machinery of administration, and the power of taxing. What with taxing landlords, aiding recalcitrant tenants, stopping the wheels of any central authority which may displease or oppose them, they will be in so strong a position that the creation PAST AND FUTURE OF THE IRISH QUESTION. 241 of an Irish Parliament may appear to be a comparatively small further step, may even appear (as the wisest Nationalists now think it would prove) in the light of a check upon the abuse of local powers. These eventualities will unquestion¬ ably, when English opinion has realized them, make such a Parliament as the present pause before it commits rural local government to the Irish democracy. But it could not refuse to do something; and if it tried to restrain popular repre¬ sentative bodies by the veto of a bureaucracy in Dublin, there would arise occasions for quarrel and irritation more serious than now exist.* Those who once begin to repair an old and tottering building are led on, little by little, into changes they did not at starting contemplate. So it will be if once the task is undertaken of reforming the confessedly bad and indefensible system of Irish administration. We may stop at some half-way house on the way, but Home Rule stands at the end of the road. Supposing, then, that the Nationalist party, retaining its present strength and unity, perseveres in its present demands, there is every prospect that these demands will be granted. But will it persevere ? There are among the English Dissentients those who prophesy that it will break up, as such parties have broken up before—will lose hope and wither away. Or the support of the Irish peasantry may be withdrawn—a result which some English politicians expect from a final settlement of the land question in the interest of the tenants. Any of these contingencies is possible, but at present most improbable. The moment when long-cherished aims begin to seem attainable is not that at which men are disposed to abandon them. There are, however, other reasons which suggest the likelihood of a change in English sentiment on the whole * The experience of the last few months, which has shown us rural Boards of Guardians and municipal bodies over four-fifths of Ireland displaying their zeal in the Nationalist cause, has amply confirmed this anticipation, expressed nearly a year ago. R 242 PAST AND FUTURE OF 'THE IRISH QUESTION. matter. The surprise with which the Bill of last April was received has worn off. The alarml is wearing off too. Those who set their teeth at what seemed to them a sur¬ render to the Parnellites and their Irish-American allies, having relieved their temper by an emphatic No, have begun to ponder things more calmly. The English people are listening to the arguments from Irish history that are now addressed to them. They will be moved by the solid grounds of policy which that history suggests; will under¬ stand that what they have deemed insensate hatred is the natural result of long misgovernment, and will disappear with time and the removal of its causes. Many of the best minds of both nations will be at work to discover some method of reconciling Irish self-government with imperial supremacy and union free from the objections brought against the Bills of 1886. It is reasonable to expect that they may greatly improve upon these measures, which were prepared under pressure from a clamorous Oppo¬ sition. What Mr. Disraeli once called the historical conscience of the country will appreciate those great underlying principles to which Mr. Gladstone’s policy appeals. It has been accused of being a policy of despair; and may have commended itself to some who supported it as being simply a means of ridding England of responsibility. But to others it seemed, and more truly, a policy of faith ; not, indeed, of thoughtless optimism, but of faith according to the definition which calls it “ the substance of things hoped for, the evidence of things not seen.” Faith, by which nations as well as men must live, means nothing less than a conviction that great principles, permanent truths of human nature, lie at the bottom of all sound politics, and ought to be boldly and consistently applied, even when temporary difficulties surround their application. Such a principle is the belief in the power of freedom and self-govern¬ ment to cure the faults of a nation, in the tendency of re- FAST ANT FUTURE OF THE IRISH QUESTION. 243 sponsibility to teach wisdom, and to make men see that justice and order are the surest sources of prosperity. Such a principle is the perception that national hatreds do not live on of themselves, but will expire when oppression has ceased, as a fire burns out without fuel. Such a principle is the recognition of the force of national sentiment, and of the duty of allowing it all the satisfaction that is compatible with the maintenance of imperial unity. Such, a.gain, is the appre¬ ciation of those natural economic laws which show that nations, when disturbing passions have ceased, follow their own permanent interests, and that an island which finds its chief market in England and draws its capital from England will prefer a connection with England to the poverty and insignificance of isolation. It is the honour of Mr. Gladstone to have built his policy of conciliation upon principles like these, as upon a rock; and already the good effects are seen in the new friendliness which has arisen between the English masses and the people of Ireland, and in the better temper with which, despite the acrimony of some prominent politicians, the relations of the two peoples are discussed. When one looks round the horizon it is still far from clear; nor can we say from which quarter fair weather will arrive. But the air is fresher, and the clouds are breaking overhead. POSTSCRIPT. What has happened since the above paragraphs wei'e written, ten months ago, has confirmed more quickly and completely than the writer expected the forecasts they contain. Home Rule is no longer a word of terror, even to those English and Scotch voters who were opposed to it in July, 1886. Most sensible men in the Tory and Dissen¬ tient Liberal camps have come to see that it is inevitable; 244 AND FUTURE OF THE IRISH QUESTION. and, while they continue to resist it for the sake of what is called consistency, or because they do not yet see in what form it is to be granted, they are disposed to regard its speedy arrival as the best method of retreat from an indefensible position. The repressive policy which the present Ministry are attempting in Ireland—for in the face of their failures one cannot say that they are carrying out any policy—is render¬ ing Coercion Acts more and more detested by the English people. The actualities of Ireland, the social condition of her peasantry, the unwisdom of the dominant caste, the incompetence of the bureaucracy which affects to rule her, are being, by the full accounts we now receive, brought home to the mind of England and Scotland as they never were before, and produce their appropriate effect upon the heart and conscience of the people. The recogni¬ tion by the Liberal party of the rights of Ireland, the visits of English Liberals to Ireland, the work done by Irishmen in English constituencies, are creating a feeling of unity and reciprocal interest between the masses of the people on both sides of the Channel without example in the seven hundred years that have passed since Strongbow’s landing. This was the thing most needed to make Home Rule safe and full of promise, because it affords a guarantee that in such political contests as may arise in future, the division will not be, as heretofore, between the Irish people on the one side and the power of Britain on the other, but between two parties, each of which will have adherents in both islands. We may now at last hope that national hatreds will vanish; that England will unlearn her arrogance and Ireland her suspicion; that the basis is being laid for a harmonious co-operation of both nations in promoting the welfare and greatness of a common Empire. Many of the Irish patriots of 1798 and 1848 desired Separation, because they thought that Ireland, attached to FAST AND FUTURE OF THE IRISH QUESTION. 245 England, could never be more than the obscure satellite of a greater State. When Ireland has been heartily welcomed by the democracy of Great Britain as an equal partner, the ground for any such desire will have disappeared, and Union 'will rest on a foundation firmer than has ever before existed. Ireland will feel, when those rights of self-government have been secured for which she has pleaded so long, that she owes them, not only to her own tenacity and courage, but to the magnanimity, the justice, and the freely given sympathy of the English and Scottish people. Octobert 18S7. SOAf£ ARGUAIENTS CONSIDERED^ i By John Morley. It is a favourite line of argument to show that we haVe’no choice between the maintenance of the Union and the concession to Ireland of national independence. The evils of Irish independence are universally reckoned by English¬ men to be so intolerable that we shall never agree to it. The evils of Home Rule are even more intolerable still. Therefore, it is said, if we shall never willingly bring the latter upon our heads, a fortiori we ought on no account to invite the former. The business in hand, however, is not a theorem, but a problem ; it is not a thesis to be proved, but a malady to be cured; and the world will thank only the reasoner who winds up, not with Q.E.D., but with Q.E.F. To reason that a patient ought not to take a given medicine because it may possibly cause him more pain than some other medicine which he has no intention of taking, is curiously oblique logic. The question is not oblique; it is direct. Will the operation do more harm to his consti¬ tution than the slow corrosions of a disorder grown invete¬ rate? Are the conditions of the connection between * The following pages, with one or two slight alterations, are extracted, by the kind permission of Mr. James Knowles, from two articles which were published in the N'imteeiith Cetiiury at the begin¬ ning of the present year, in reply to Professor Dicey’s statement of the English case against Home Rule. SOME ARGUMENTS CONSIDERED. 247 England and Ireland, as laid down in the Act of Union, incapable of improvement ? Is the present working of these conditions more prosperous and hopeful, or happier for Irish order and for English institutions, than any practicable proposal that it is within the compass of statesmanship to devise, and of civic sense to accept and to work ? That is the question. Some people contend that the burden of making out a case rests on the advocate of change, and not on those who support things as they are. But who supports things as they are ? Things as they are have become insupport¬ able. If you make any of the constitutional changes that have been proposed, we are told, parliamentary government, as Englishmen now know it, is at an end; and our critic stands amazed at those “ who deem it a slighter danger to innovate on the Act of Union than to remodel the pro¬ cedure of the House of Commons.” As if that were the alternative. Great changes in the rules may do other good things, but no single competent authority believes that in this particular they will do the thing that we want. We cannot avoid constitutional changes. It is made matter of crushing rebuke that the Irish proposals of the late Govern¬ ment were an innovation on the old constitution of the realm. But everybody knows that, while ancient forms have survived, the last hundred years have witnessed a long succession of silent but most profound innovations. It was shortsighted to assume that the redistribution of political power that took place in 1884-5 was the last chapter of the history of constitutional change. It ought to have been foreseen that new possessors of power, both Irish and British, would press for objects the pursuit of which would certainly involve further novelties in the methods and machinery of government. Every given innovation must be rigorously scrutinized, but in the mere change or in the fact of innovation there is no valid reproach. When one of 248 SOME ARGUMENTS CONSIDERED. the plans for the better government of Ireland is described as depriving parliamentary institutions of their elasticity and strength, as weakening th-e Executive at home, and lessening the power of the country to resist foreign attack, no careful observer of the events of the last seven years can fail to see that all this evil has already got its grip upon us. Mr. Dicey himself admits it. “Great Britain,” he says, “if left to herself, could act with all the force, consistency, and energy given by unity of sentiment and community of interests. The obstruction and the uncertainty of our political aims, the feebleness and inconsistency with which they are pur¬ sued, arise in part at least from the connection with Ireland.” So then, after all, it is feebleness and inconsistency, not elasticity and strength, that mark our institutions as they stand; feebleness and inconsistency, distraction and un¬ certainty. The supporter of things as they are is decidedly as much concerned in making out a case as the advocate of change. The strength of the argument from Nationality is great, and full of significance; but Nationality is not the whole essence of either the argument from History or the argu¬ ment from Self-government. Their force lies in considera¬ tions of political expediency as tested by practical experience. The point of the argument from the lessons of History is that for some reason or another the international concern, whose unlucky affairs we are now trying to unravel, has always been carried on at a loss : the point of the argument from Self-government is that the loss would have been avoided if the Irish shareholders had for a certain number of the transactions been more influentially represented on the Board. That is quite apart from the sentiment of pure nationality. The failure has come about, not simply because the laws were not made by Irishmen as such, but because they were not made by the men who knew most about Ireland. The vice of the connection between the two SOME ARGUMENTS CONSIDERED. 249 countries has been the stupidity of governing a country without regard to the interests or customs, the peculiar objects and peculiar experiences, -of the great majority of the people who live in it. It is not enough to say that the failures of England in Ireland have to a great extent flowed from causes too general to be identified with the intentional wrong-doing either of rulers or of subjects. We readily admit that, but it is not the point. It is not enough to insist that James L, in his '’plantations and transplanta¬ tions, probably meant well to his Irish subjects. Probably he did. That is not the question. If it is “absolutely certain that his policy worked gross wrong,” what is the explanation and the defence ? We are quite content with Mr. Dicey’s own answer. “ Ignorance and want of sym¬ pathy produced all the evils of cruelty and malignity. An intended reform produced injustice, litigation, misery, and discontent. The case is noticeable, for it is a type of a thousand subsequent English attempts to reform and im¬ prove Ireland.” This description would apply, with hardly a word altered, to the wrong done by the Encumbered Estates Act in the reign of Queen Victoria. That memor¬ able measure, as Mr. Gladstone said, was due not to the action of a party, but to the action of a Parliament. Sir Robert Peel was hardly less responsible for it than Lord John Russell. “We produced it,” said Mr. Gladstone, “ with a general, lazy, uninformed, and irreflective good intention of taking capital to Ireland. What did we do? We sold the improvements of the tenants” (House of Commons, April 16). It is the same story, from the first chapter to the last, in education, poor law, public works, relief Acts, even in coercion Acts—lazy, uninformed, and irreflective good intention. That is the argument from history. When we are asked what good law an Irish Parliament would make that could not equally well be made by the Parliament at Westminster, this is the answer. 250 SOME ARGUMENTS CONSIDERED. It is not the will, it is the intelligence, that is wanting. We all know what the past has been. Why should the future be different ? “It is an inherent condition of human affairs,” said Mill in a book which, in spite of some chimeras, is a wholesome corrective of the teaching of our new jurists, “that no inten¬ tion, however sincere, of protecting the interests of others can make it safe or salutary to tie up their own hands. Still more obviously true is it, that by their own hands only can any positive and durable improvement of their circum¬ stances in life be worked out” {Repres. Government, p. 57). It is these wise lessons from human experience to which the advocate of Home Rule appeals, and not the wild doctrine that any body of persons claiming to be united by a sense of nationality possesses an inherent and divine right to be treated as an independent communit}'-. It is quite true that circumstances sometimes justify a temporary dictatorship. In that there is nothing at variance with Liberalism. But the Parliamentary dictatorship in Ireland has lasted a great deal too long to be called temporary, and its stupid shambling operations are finally and decisively condemned by their consequences. That is a straightforward utilitarian argu¬ ment, and has nothing whatever to do with inherent and divine rights, or any other form of political moonshine. There are some who believe that an honest centralized administration of impartial officials, and not Local Self- Government, would best meet the real wants of the people. In other words, everything is to be for the people, nothing by the people—which has not hitherto been a Liberal prin¬ ciple. Something, however, may be said for this view, provided that the source of the authority of such an administration be acceptable. Austrian administration in Lombardy was good rather than bad, yet it was hated and resisted because it was Austrian and not Italian. No rational person can hold for an instant that the source of SOME ARGUMENTS CONSIDERED. 251 a scheme of government is immaterial to its prosperity. More than that, when people look for success in the govern¬ ment of Ireland to “honest centralized administration,” we cannot but wonder what fault they find with the administra¬ tion of Ireland to-day in respect of its honesty or its centralization. What administration ever carried either honesty or centralization to a higher pitch than the Irish administration of Mr. Forster ? What could be less success¬ ful ? Those who have been most directly concerned in the government of Ireland, whether English or Irish, even while alive to the perils of any other principle, habitually talk of centralization as the curse of the system. Here, again, why should we expect success in the future from a principle that has so failed in the past ? Again, how are we to get a strong centralized administra¬ tion in the face of a powerful and hostile parliam.entary representation ? It is very easy to talk of the benefits that might have been conferred on Ireland by such humanity and justice as was practised by Turgot in his administration of the Generality of Limoges. But Turgot was not con¬ fronted by eighty-six Limousin members of an active sovereign body, all interested in making his work difficult, and trusted by a large proportion of the people of the province with that as their express commission. It is possible to have an honest centralized administration of great strength and activity in India, but there is no Parlia¬ ment in India. If India, or any province of it, ever gets representative government and our parliamentary system, from that hour, if there be any considerable section of Indian feeling averse from European rule, the present administrative system will be paralyzed, as the preliminary to being revolutionized. It is conceivable, if any one chooses to think so, that a body of impartial officials could manage the national business in Ireland much better with¬ out the guidance of public opinion and common sentiment 252 SOME ARGUMENTS CONSIDERED. than with it. But if you intend to govern the country as you think best—and that is the plain and practical English of centralized administration—why ask the country to send a hundred men to the great tribunal of supervision to inform you how it would like to be governed ? The Executive can¬ not set them aside as if they were a hundred dummies; in refusing to be guided, it cannot escape being harassed, by them. You may amend procedure, but that is no answer, unless you amend the Irish members out of voice and vote. They will still count. You cannot gag and muzzle them effectually, and if you could, they would still be there, and their presence would still n\ake itself incessantly felt. Partly from a natural desire to lessen the common difficulties of government, and partly from a consciousness, due to the prevailing state of the modern political atmosphere, that there is something wrong in this total alienation of an Executive from the possessors of parliamentary power, the officials will incessantly be tempted to make tacks out of their own course; and thus they lose the coherency and continuity of absolutism without gaining the pliant strength of popular government. This is not a presumption of what would be likely to happen, but an account of what does happen, and what justified Mr. Disraeli in adding a weak Executive to the alien Church and the absentee aristocracy, as the three great curses of Ireland. Nothing has occurred since 1844 to render the Executive stronger, but much to the contrary. There is, and there can be, no weaker or less effective Government in the world than a highly centralized system working alongside of a bitterly inimical popular representation. I say nothing of the effect of the fluctua¬ tions of English parties on Irish administration. I say nothing of the tendency in an Irish government, awkwardly alternating with that to which I have just adverted, to look over the heads of the people of Ireland, and to consider mainly what will be thought by the ignorant public in SOME ARGUMENTS CONSIDERED. 253 England. But these sources of incessant perturbation must not be left out. The fault of Irish centralization is not that it is strong, but that it is weak. Weak it must remain until Parliament either approves of the permanent sus¬ pension of the Irish writs, or else devises constitutional means for making Irish .administration responsible to Irish representatives. If experience is decisive against the policy of the past, experience too, all over the modern world, indicates the better direction for the future. I will not use my too scanty space in repeating any of the great wise commonplaces in praise of selfgovernmenL Here they are superfluous. In the case of Ireland they have all been abundantly admitted in a long series of measures, from Catholic Emancipation down to Lord O’Hagan’s Jury Law and the Franchise and Redistribution Acts of a couple of years ago. The principle of self-government has been accepted, ratified, and extended in a hundred ways. It is only a question of the form that self-government shall take. Against the form proposed by the late Ministry a case is built up that rests on a series of prophetic assumptions. These assumptions, from the nature of the case, can only be met by a counter¬ statement of fair and reasonable probabilities. Let us enumerate some of them. I. It is inferred that, because the Irish leaders have used violent language and resorted to objectionable ex¬ pedients against England during the last six years, they would continue in the same frame of mind after the reasons for it had disappeared. In other words, because they have been the enemies of a Government which refused to listen to a constitutional demand, therefore they would continue to be its enemies after the demand had been listened to. On this reasoning, the effect is to last indefinitely and perpetually, notwithstanding the cessation of the cause. Our position is that all the reasonable probabilities of 254 SOME ARGUMENTS CONSIDERED. human conduct point the other way. The surest way of justifying violent language and fostering treasonable designs, is to refuse to listen to the constitutional demand. 2. The Irish, we are told, hate the English with an irreconcilable hatred, and would unquestionably use any Constitution as an instrument for satisfying their raaster passion. Irrational hatred, they say, can be treated by rational men with composure. The Czechs of Bohemia are said to be irreconcilable, yet the South Germans bear with their hatred ; and if we cannot cure we might endure the antipathy of Ireland. Now, as for the illustration, I may remark that the hatred of the Czechs would be much too formidable for German composure, if the Czechs did not happen to possess a provincial charter and a special constitution of their own. If the Irish had the same, their national dislike—so far as it exists—might be expected to become as bearable as the Germans have found the feeling of the Czechs. But how deep does Irish dislike go ? Is it directed against Englishmen, or against an English official system ? The answers of every impartial observer to the whole group of such questions as these favour the con¬ clusion that the imputed hatred of England in Ireland has been enormously exaggerated and overcoloured by Ascen¬ dency politicians for good reasons of their own; that v.'ith the great majority of Irishmen it has no deep roots; that it is not one of those passionate international animosities that blind men to their own interests, or lead them to sacrifice themselves for the sake of injuring their foe ; and, finally, that it would not survive the amendment of the system that has given it birth.* ^ * The late J. E. Cairnes, after describing the clearances after the famine, goes on to say, “I own I cannot wonder that a thirst for revenge should spring from such calamities; that hatred, even undying hatred, for what they could not but regard as the cause and symbol of their misfortunes—English rule in Ireland—should possess the sufferers. , . . The disaffection now so widely diffused throughout Ireland may SOME ARGUMENTS CONSIDERED. 255 3. It is assumed that there is a universal desire for Separation. That there is a strong sentiment of nationality we of course admit; it is part of the case, and not the worst part. But the sentiment of nationality is a totally different thing from a desire for Separation. Scotland might teach our pseudo-Unionists so much as that. No¬ where in the world is the sentiment of nationality stronger, yet there is not a whisper of Separation. That there is a section of Irishmen who desire Separation is notorious, but everything that has happened since the Government of Ireland Bill was introduced, including the remarkable declarations of Mr. Parnell in accepting the Bill (June 7), and including the proceedings at Chicago, shows that the separatist section is a very small one either in Ireland or in America, and that it has become sensibly smaller since, and in consequence of, the proposed concession of a limited statutory constitution. The Irish are quite shrewd enough to know that Separation, if it were attainable— and they are well aware that it is not—would do no good to their markets; and to that knowledge, as well as to many other internal considerations, we may confidently look for the victory of strong centripetal over very weak centrifugal tendencies. Even if we suppose these centrifugal tendencies to be stronger than I would allov/ them to be, how shall we best resist them—by strengthening the hands and using the services of the party which, though nation¬ alist, is also constitutional; or by driving that party also, in despair of a constitutional solution, to swell the ranks of Extremists and Irreconcilables ? possibly in some degree be fed from historical traditions, and have its remote origin in the confiscations of the seventeenth century; but all that gives it energy, all that renders it dangerous, may, I believe, be traced to e.xasperation produced by recent transactions, and more especially to the bitter memories left by that most flagrant abuse of the rights of property and most scandalous disregard of the claims of humanity—the wholesale clearances of the period following the famine .”—Political Essays, p. 19S. SOAf£ ARGUMENTS CONSIDERED. 256 4. Whatever may be the ill-feeling towards England, it is at least undeniable that there are bitter internal animosi¬ ties in Ireland, and a political constitution, our opponents argue, can neither assuage religious bigotry nor remove agrarian discontent. It is true, no doubt, that the old feud between Protestant and Catholic might, perhaps, not instantly die down to the last smouldering embers of it all over Ireland. But we may remark that there is no perceptible bad blood between Protestant and Catholic, outside of one notorious corner. Second, the real bitterness of the feud arose from the fact that Protestantism was associated with an exclusive and hostile ascendency, which would now be brought to an end. Whatever feeling about what is called Ulster exists in the rest of Ireland, arises not from the fact that there are Protestants in Ulster, but that the Protestants are anti- National. Third, the Catholics would no longer be one compact body for persecuting, obscurantist, or any other evil purposes ; the abatement of the national struggle would allow the Catholics to fall into the two natural divisions of Clerical and Liberal. What we may be quite sure of is that the feud will never die so long as sectarian pretensions are taken as good reasons for continuing bad government. It is true, again, that a constitution would not necessarily remove agrarian discontent. But it is just as true that you M'ill never remove agrarian discontent without a constitution. Mr. Dicey, on consideration, will easily see why. Here we come to an illustration, and a very impressive illustration it is, of the impotence of England to do for Ireland the good which Ireland might do for herself. Nobody just now is likely to forget the barbarous condition of the broad frinare of wretchedness on the west coast of Ireland. Of this Lord Dufferin truly said in 1880 that no legislation could touch it, that no alteration in the land lav/s could effectually ameliorate it, and that it must continue until SOJ/E ARGUMENTS CONSIDERED. 257 the world’s end unless something be contrived totally to change the conditions of existence in that desolate region. Parliament lavishly pours water into the sieve in the shape of Relief Acts. Even in my own short tenure of office I was responsible for one of these terribly wasteful and profoundly unsatisfactory measures. Instead of relief, what a statesman must seek is prevention of this great evil and strong root of evil; and prevention means a large, though it cannot be a very swift, displacement of the population. But among the many experts wuth whom I have discussed this dolorous and perplexing subject, I never found one of either political party who did not agree that a removal of the surplus population was only practicable if carried out by an Irish authority, backed by the solid weight of Irish opinion. Any exertion of compulsory power by a British Minister would raise the whole country-side in squalid insurrection, government would become impossible, and the work of transplantation would end in ghastly failure. It is misleading and untrue, then, to say that there is no possible relation between self-government and agrarian discontent, misery, and backwardness; and when Mr. Dicey and others tell us that the British Parliament is able to do all good things for Ireland, I would respectfully ask them how a British Parliament is to deal with the Congested Districts. Nearly as much may be said of the prevention of the mischievous practice of Subdivision. Some contend that the old disposition to subdivide is dying out; others, how¬ ever, assure us that it is making its appearance even among the excellent class who purchased their holdings under the Church Act. That Act did not prohibit subdivision, but it is prohibited in the Act of 1881. Still the prohibition can only be made effective, if operations take place on anything like a great scale, on condition that representative authorities resident on the spot have the power of enforcing s 25S so.vE As:GrMi:xTS coxsidi:i?£d. it, and have an interest in enforcing it. Some of the pseudo- Unionists are even against am* extension of local self- government, and if it be unaccompanied by the creation of a central nadve authority they are right. 'What such people fail to see is that, in resisting political reconstruction, they are at tlie same time resisting the only available remedies for some of tlie worst of agrarian maladies. The ruinous interplay between agr.trian and political forces, each using the other for ends of its own, will never cease so long as the political demand is in ever}- form resisted. That, we are told, is all the fault of the poli¬ ticians. Be it so; then the Government must either suppress the politicians outright, or else it must interest them in getting the terms of its land settlement accepted and respected. Home Rule on our scheme was, among other things, part of an arrangement for “ settling the agrarian feud.” It was a means of interposing between the Irish tenant and the British State an authority interested enough and strong enough to cause the bargain to be kept. It is said that the Irish authority would have had neither interest nor strength enough to resist the forces making for repudiation. "Would those forces be any less irresistible if the whole body of tlie Irish peasantty- stood, as Land Purchase minus Self-Government makes them to stand, directly face to face with the British State ? This is a question that our opponents cannot evade, any more than they can evade that other question, which lies unnoticed at the back of all solutions of the problem by way of peasant ownership—"Whether it is possible to imagine the land of Ireland handed over to Irishmen, and yet the government of Ireland kept exclusively and directly by Englishmen ? Such a divorce is conceivable under a rule like tliat of the British in India ; with popular institutions it is inconceivable and impossible. 5. It is argued that Home Rule on Mr. Gladstone’s ^OME ARGUMENTS CONSIDERED. 259 plan would not work, because it follows in some respects the colonial system, whereas the conditions at the root of the success of the system in the Colonies do not exist in Ireland. They are distant, Ireland is near; they are prosperous, Ireland is poor; they are proud of the con¬ nection with England, Ireland resents it. But the question is not whether the conditions are identical with those of any colony; it is enough if in themselves they seem to promise a certain basis for government It might justly be contended that proximity is a more favourable condition than distance ; without it there could not be that close and constant intercommunication which binds the material interests of Ireland to those of Great Britain, and so provides the surest guarantee for union. If Ireland were suddenly to find herself as far off as Canada, then indeed one might be very sorrj’ to answer for the Union. Again, though Ireland has to bear her share of the prevailing depression in the chief branch of her production, it is a great mistake to suppose that outside of the margin of chronic wretchedness in the west and south-west, the con¬ dition not only of the manufacturing industries of the north, but of the agricultural industry in the richer parts of the middle and south, is so desperately unprosperous as to endanger a political constitution. Under our stupidily centralized system. Irishmen have no doubt acquired the enervating trick of attributing ever)' misfortune, great or small, public or private, to the Government. When they learn the lessons of responsibility, they will unlearn this fatal habit, and not before. I do not see, therefore, that the differences in condition between Ireland and the Colonies make against Home Rule. What I do see is ample material out of which would arise a strong and predominant party of order. The bulk of the nation are sons and daughters of a Church which has been hostile to revolution in every country but Ireland, and 26o some arguments CONSIDERED. which would be hostile to it there from the day that the cause of revolution ceased to be the cause of self-govern¬ ment. If the peasantry were made to realize that at last the land settlement, wisely and equitably made, was what it must inexorably remain, and what no politicians could help them to alter, they would be as conservative as the peasantry under a similar condition in every other spot on the surface of the globe. There is no reason to expect that the manufacturers, merchants, and shopkeepers of Ireland would be less willing or less able to play an active and useful part in the affairs of their country than the same classes in England or Scotland. It will be said that this is mere optimist prophesying. But why is that to be flung aside under the odd name of sentimentalism, while pessimist prophesying is to be taken for gospel ? The only danger is lest we should allot new responsi¬ bilities to Irishmen with a too grudging and restrictive hand. For true responsibility there must be real power. It is easy to say that this power would be misused, and that the conditions both of Irish society and of the proposed Constitution must prevent it from being used for good. It is easy to say that separation would be a better end. Life is too short to discuss that. Separation is not the alternative either to Home Rule or to the status quo. If the people of Ireland are not to be trusted with real power over their own affairs, it would be a hundred times more just to England, and more merciful to Ireland, to take away from her that semblance of free government which torments and paralyzes one country, while it robs the other of national self-respect and of all the strongest motives and best opportunities of self-help. The status quo is drawing very near to its inevitable end. The two courses then open will be Home Rule on the one hand, and some shy bungling underhand imitation of a Crown Colony on the other. We shall have either to listen to the Irish repre* SOME ARGUMENTS CONSIDERED. 261 sentatives or to suppress them. Unless we have lost all nerve and all political faculty we shall, before many months are over, face these alternatives. Liberals are for the first; Tories at present incline to the second. It requires very moderate instinct for the forces at work in modern politics to foresee the path along which we shall move, in the inter¬ ests alike of relief to Great Britain and of a sounder national life for Ireland. The only real question is not Whether we are to grant Home Rule, but How, LESSONS OF IRISH HISTORY IN THE EIGHTEENTH CENTURY. Bv W. E. Gladstone. Ireland for more than seven hundred years has been part of the British territory, and has been with slight exceptions held by English arms, or governed in the last resort from this side the water. Scotland was a foreign country until 1603, and possessed absolute independence until 1707. Yet, whether it was due to the standing barrier of the sea, or whatever may have been the cause, much less was known by Englishmen of Ireland than of Scotland. Witness the works of Shakespeare, whose mind, unless as to book-know¬ ledge, was encyclopedic, and yet who, while he seems at home in Scotland, may be said to tell us nothing of Ireland, unless it is that— “ The uncivil kerns of Ireland are in arms.” * During more recent times, the knowledge of Scotland on this side the border, which before was greatly in advance, has again increased in a far greater degree than the know¬ ledge of Ireland. It is to Mr. Lecky that we owe the first serious effort, both in his Leaders oI Public Opinion and in his History oI England in the Eighteenth Century, to produce a better ** 2 Henry VI., act iii. sc. i. LESSOm OF IRISH HISTORY, 263 state of things. He carefully and completely dovetailed the affairs of Ireland into English History, and the debt is one to be gratefully acknowledged. But such remedies, address- ing themselves in the first instance to the lettered mind of the country, require much time to operate upon the mass, and upon the organs of superficial and transitory opinion, before the final stage, when they enter into our settled and familiar traditions. Meantime, since Ireland threatens to absorb into herself our Parliamentary life, there is a greatly enhanced necessity for becoming acquainted with the true state of the account between the islands that make up the United Kingdom, and with the likelihoods of the future in Ireland, so far as they are to be gathered from her past history. That history, until the eighteenth century begins, has a dismal simplicity about it. Murder, persecution, confiscation too truly describe its general strain; and policy is on the whole subordinated to violence as the standing instrument of government. But after, say, the reign of William HI., the element of representation begins to assert itself. Sim¬ plicity is by degrees exchanged for complexity; the play of human motives, singularly diversified, now becomes visible in the currents of a real public life. It has for a very long time been my habit, when consulted by young political students, to recommend them carefully to study the characters and events of the American Independence. Quite apart from the special and temporary reasons bearing upon the case, I would now add a twin recommendation to examine and ponder the lessons of Irish history during the eighteenth century. The task may not be easy, but the reward will be ample. The mainspring of public life had, from a venerable antiquity, lain de jwe within Ireland herself. The heaviest fetter upon this life was the Law of Poynings ; the most ingenious device upon record for hamstringing legislative 264 ZESSOA’^S OF IRISH HISTORY independence, because it cut off the means of resumption inherent in the nature of Parliaments such as were those of the three countries. But the Law of Poynings was an Irish Law. Its operation effectually aided on the civil side those ruder causes, under the action of which Ireland had lain for four centuries usually passive, and bleeding at every pore. The main factors of her destiny worked, in practice, from this side the water. But from the reign of Anne, or perhaps from the Revolution onwards, “ Novus srecorum nascltur ordo.” Of the three great nostrums so liberally applied by England, extirpation and persecution had entirely failed, but confiscation had done its work. The great Protestant landlordism of Ireland * had been strongly and effectually built up. But, like other human contrivances, while it held Ireland fast, it had also undesigned results. The repressed principle of national life, the struggles of which had thereto¬ fore been extinguished in blood, slowly sprang up anew in a form which, though extremely narrow, and extravagantly imperfect, was armed w’ith constitutional guarantees; and, the regimen of violence once displaced, these guarantees were sure to operate. What had been transacted in England under Plantagenets and Stuarts was, to a large extent, transacted anew by the Parliament of Ireland in the eighteenth century. That Parliament, indeed, deserves almost every imaginable epithet of censure. It was corrupt, servile, selfish, cruel. But when we have said all this, and said it truly, there is more to tell. It was alive, and it was national. Even absenteeism, that obstinately clinging curse, though it enfeebled and distracted, could not, and did not, annihilate nationality. The Irish Legislation was, moreover, compressed and thwarted by a foreign executive j but even * Lecky’s History of England in the Eighteenth Ce 7 ihiry, chap, vii, vol. ii. p. 205. IN THE EIGHTEENTH CENTURY. 263 to this tremendous agent the vital principle was too strong eventually to succumb. Mr. Lecky well observes that the Irish case supplied “one of the most striking examples upon record”* of an unconquerable efficacy in even the most defective Parlia¬ ment. I am, however, doubtful whether in this proposition we have before us the whole case. This efficacy is not invariably found even in tolerably constructed Parliaments. Why do we find it in a Parliament of which the constitution and the environment were alike intolerable? My answer is, because that Parliament found itself faced by a British influence which was entirely anti-national, and was thus constrained to seek for strength in the principle of nation¬ ality. Selfishness is a rooted principle of action in nations not less than in single persons. It seems to draw a certain perfume from the virtue of patriotism, which lies upon its borders. It stalks abroad with a semblance of decency, nay, even of excellence. And under this cover a paramount community readily embraces the notion, that a dependent community may be made to exist not for its own sake, but for the sake of an extraneous society of men. With this idea, the European nations, utterly benighted in comparison with the ancient Greeks, founded their transmarine depen¬ dencies. But a vast maritime distance, perhaps aided by some filtration of sound ideas, prevented the application of this theory in its nakedness and rigour to the American Colonies of England. In Ireland we had not even the title of founders to allege. Nay, we were, in point of indigenous civilization, the junior people. But the maritime severance, sufficient to prevent accurate and familiar knowledge, was not enough to bar the effective exercise of overmastering power. And power was exercised, at first from without, to * Lecky’s History of En^iastd in the Eighteenth Century, vol. ii. p. 227. 266 Z£SSOjVS of IRISH HISTORY support the Pale, to enlarge it, to make it include Ireland. When this had been done, power began, in the seventeenth century, to be exercised from within Ireland, within the precinct of its government and its institutions. These were carefully corrupted, from the multiplication of the Boroughs by James I. onwards, for the purpose. The struggle became civil, instead of martial; and it was mainly waged by agencies on the spot, not from beyond the Channel. When the rule of England passed over from the old violence into legal forms and doctrines, the Irish reaction against it followed the example. And the legal idea of Irish nationality took its rise in very humble surroundings ; if the expression may be allowed, it was born in the slums of politics. Ireland reached the nadir of political depression when, at and after the Boyne, she had been conquered not merely by an English force, but by continental mercenaries. The ascendant Protestantism of the island had never stood so low in the aspect it presented to this country; inasmuch as the Irish Parliament, for the first time, I believe, de¬ clared itself dependent upon England,* and either did not desire, or did not dare, to support its champion Molyneux, when his work asserting Irish independence was burned in London. It petitioned for representation in the English Parliament, not in order to uplift the Irish people, but in order to keep them down. In its sympathies and in its aims the overwhelming mass of the population had no share. It was Swift who, by the DrapieRs Letters^ for the first time called into existence a public opinion flowing from and representing Ireland as a whole. He reasserted the doctrine of Molyneux, and denounced Wood’s halfpence not only as a foul robbery, but as a constitutional and as a national insult. The patience of the Irish Protestants was tried very hard, and they were forced, as Sir Charles Duffy states in his vivid book, to purchase the power of oppress- * Duffy’s Bird's-Eye View, p. 164. IN THE EIGHTEENTH CENTURY. 267 ing their Roman Catholic fellow-countrymen at a great price.* * * § Their pension list was made to provide the grants too degrading to be tolerated in England. The Presby¬ terians had to sit down under the Episcopal monopoly; but the enjoyment of that monopoly was not left to the Irish Episcopalians. In the time of Henry VIII. it had been necessary to import an English Archbishop Browne f and an English Bishop Bale, or there might not have been a single Protestant in Ireland. It was well to enrich the rolls of the Church of Ireland with the piety and learning of Ussher, and to give her in Bedell one name, at least, which carries the double crown of the hero and the saint. But, after the Restoration, by degrees the practice degene¬ rated, and Englishmen were appointed in numbers to the Irish Episcopate in order to fortify and develop by nume¬ rical force what came to be familiarly known as the English interest. So that the Primate Boulter, during his govern¬ ment of Ireland, complains t that Englishmen are still less than one-half the whole body of Bishops, although the most important sees were to a large extent in their hands. The same practice was followed in the higher judicial offices. Fitzgibbon was the first Irishman who became Lord Chancellor. § The Viceroy, commonly absent, was represented by Lords Justices, who again were commonly English; and Primate Boulter, a most acute and able man, jealous of an Irish Speaker in that character, recommends that the commander of the forces should take his place. || When, later on, the Viceroy resided, it was a rule that the Chief Secretary should be an Englishman. On the occasion when Lord Castlereagh was by way of exception admitted * Bird's-Eye Vieiv, p. 166. t See Ball’-s History of the Church of Ireland, a valuable work, deserving of more attention than it seems to have received. J Boulter’s Letters, i. 138, et alibi. § Lecky’s History of Euiiland in the Eighteenth Century, ii. 11 Boulter’s Letters, vol. ii. 268 Z£SSOA^S OF IRISH HISTORY to that office, an apology was found for it in his entire devotion to English policy and purposes. “ His appoint¬ ment,” says Lord Cornwallis, “gives me great satisfaction, as he is so very unlike an Irishman ! ” * Resources were also found in the military profession, and among the voters for the Union we find the names of eight f English generals. The arrangements under Poynings’s Law, and the com¬ mercial proscription, drove the iron ever deeper and deeper into the souls of Irishmen. It is but small merit in the Irish Parliament of George I. and George IL, if under these circumstances a temper was gradually formed in, and transmitted by, them, which might one day achieve the honours of patriotism. It was in dread of this most health¬ ful process, that the English Government set sedulously to work for its repression. The odious policy was maintained by a variety of agencies; by the misuse of Irish revenue, a large portion of which was unhappily under their control; by maintaining the duration of the Irish House of Commons for the life of the Sovereign j and, worst of all, by extending the range of corruption within the walls, through the constant multiplication of paid offices tenable by members of Parliament without even the check of re-election on acceptance. Thus by degrees those who sat in the Irish Houses came to feel both that they had a country, and that their country had claims upon them. The growth of a com¬ mercial interest in the Roman Catholic body must have accelerated the growth of this idea, as that interest naturally fell into line with the resistance to the English proscriptive laws. But the rate of progress was fearfully slow. It was hemmed in on every side by the obstinate unyielding pressure of selfish interests: the interest of the Established Church against the Presbyterians; the interest of the * Cornwallis’s Correspondence, ii. 441. t Grattan’s Life and Times, v. 173. IN THE EIGHTEENTH CENTURY. 269 frotestant laity, or tithe-payers, against the clergy; the bold unscruptilous interest of a landlords’ Parliament against the occupier of the soil; which, together with the grievance of the system of tithe-proctors, established in Ireland through the Whiteboys the fatal alliance between resistance to wrong and resistance to law, and supplied there the yet more disastrous facility of sustaining and enforcing wrong under the name of giving support to public tranquillity. Yet, forcing on its way amidst all these difficulties by a natural law, in a strange haphazard and disjointed method, and by a zigzag movement, there came into existence, and by degrees into steady operation, a sentiment native to Ireland and having Ireland for its vital basis, and yet not deserving the name of Irish patriotism, because its care was not for a nation, but for a sect. For a sect, in a stricter sense than may at first sight be supposed. The battle was not between Popery and a generalized Protestantism, though, even if it had been so, it would have been between a small minority and the vast majority of the Irish people. It was not a party of ascendency, but a party of monopoly, that ruled. It must always be borne in mind that the Roman Catholic aristocracy had been emasculated, and reduced to the lowest point of numerical and moral force by the odious action of the penal laws, and that the mass of the Roman Catholic population, clerical and lay, remained under the grinding force of many-sided oppression, and until long after the accession of George III. had scarcely a con¬ sciousness of political existence. As long as the great bulk of the nation could be equated to zero, the F.piscopal monopolists had no motive for cultivating the good-will of the Presbyterians, who like the Roman Catholics main¬ tained their religion, with the trivial exception of the Regium Do 7 iuin, by their own resources, and who differed from them in being not persecuted, but only disabled. And this monopoly, which drew from the sacred name of religion r;o LESSONS OF IRISH HISTORV its title to exist, offered through centuries an example of religious sterility to which a parallel can hardly be found among the communions of the Christian world. The sentiment, then, which animated the earlier efforts of the Parliament might be Iricism, but did not become patriotism until it had outgrown, and had learned to forswear or to forget, the conditions of its infancy. Neither did it for a long time acquire the courage of its opinions; for, when Lucas, in the middle of the century, reasserted the doctrine of INIolyneux and of Swift, the Grand Jury of Dublin took part against him, and burned his book.* And the Parlia¬ ment,! prompted by the Government, drove him into exile. And yet the smoke showed that there was fire. The infant, that confronted the British Government in the Parliament House, had something of the young Hercules about him. In the first exercises of strength he acquired more strength, and in acquiring more strength he burst the bonds that had confined him. “ Es machte mir zu eng, icli niusste fort.” J The reign of George IV. began with resolute efforts of the Parliament not to lengthen, as in England under his grandfather, but to shorten its own commission, and to become septennial. Surely this was a noble effort. It meant the greatness of their country, and it meant also personal self-sacrifice. The Parliament which then existed, elected under a youth of twenty-two, had every likelihood of giving to the bulk of its members a seat for life. This they asked to change for a maximum term of seven years. This from session to session, in spite of rejection after rejection in England, they resolutely fought to obtain. It was an English amendment which, on a doubtful pretext, changed seven years to eight. Without question some acted under the pressure of constituents; but only a minority of the members * Lccky, ii. 430. t Duffy, p. 177. % Schiller’s Wallenstein, IN THE EIGHTEENTH CENTURY. 271 had constituents, and popular exigencies from such a quarter might have been bought off by an occasional vote, and could not have induced a war with the Executive and with England so steadily continued, unless a higher principle had been at work. The triumph came at last; and from 1768 onwards the Commons never wholly relapsed into their former quiescence. True, this was for a Protestant House, constituency, and nation; but ere long they began to enlarge their definition of nationality. Flood and Lucas, the commanders in the real battle, did not dream of giving the Roman Catholics a political existence, but to their own constituents they performed an honourable service and gave a great boon. Those, who had insincerely supported the measure, became the dupes of their own insincerity. In the very year of this victory, a Bill for a slight relaxation of the penal laws was passed, but met its death in England.* Other Bills followed, and one of them became an Act in 1771. A beginning had thus been made on behalf of religious liberty, as a corollary to political emancipation. It was like a little ray of light piercing its way through the rocks into a cavern and supply¬ ing the prisoner at once with guidance and with hope. Resolute action, in withholding or shortening supply, con¬ vinced the Executive in Dublin, and the Ministry in London, that serious business was intended. And it appeared, even in this early stage, how necessary it was for a fruitful campaign on their own behalf to enlarge their basis, and enlist the sympathies of hitherto excluded fellow-subjects. It may seem strange that the first beginnings of suc¬ cessful endeavour should have been made on behalf not of the “ common Protestantism,” but of Roman Catholics. But, as Mr. Lecky has shown, the Presbyterians had been greatly depressed and distracted, while the Roman Catholics had now a strong position in the commerce of the country, '' Lecky, iv. 4891 272 LESSONS OF IF/SJL IflSTOEY and in Dublin knocked, as it were, at the very doors of the Parliament. There may also have been an apprehension of republican sentiments among the Protestants of the north, from which the Roman Catholics were known to be free. Not many years, however, passed before the softening and harmonizing effects, which naturally flow from a struggle for liberty, warmed the sentiment of the House in favour of the Presbyterians. A Bill was passed by the Irish Parliament in 1778, which greatly mitigated the stringency of the penal laws. Moreover, in its preamble was recited, as a ground for this legislation, that for “a long series of years” the Roman Catholics had exhibited an “ uniform peaceable behaviour.” In doing and saying so much, the Irish Parliament virtually bound itself to do more.* In this Bill was contained a clause which repealed the Sacramental Test, and thereby liberated the Presbyterians from disqualification. But the Bill had to pass the ordeal of a review in England, and there the clause was struck out. The Bill itself, though mutilated, was wisely passed by a majority of 127 to 89. Even in this form it excited the enthusiastic admiration of Burke.t Nor were the Presbyterians forgotten at the epoch when, in 1779-80, England, under the pressure of her growing difficulties, made large commercial concessions to Ireland. The Dublin Parliament renewed the Bill for the removal of the Sacramental Test. And it was carried by the Irish Parliament in the very year which witnessed in London the disgraceful riots of Lord George Gordon, and forty-eight years before the Imperial Parliament conceded, on this side the Channel, any similar relief. Other contemporary signs bore witness to the growth of toleration ; for the Volun¬ teers, founded in 1778, and originally a Protestant body, after a time received Roman Catholics into their ranks. * Lecky, iv. 477-479 ; Brown, Laivs against Catholics, pp. 329-332. t Lecky, pp. 499-501. IN THE EIGHTEENTH CENTURY. 273 These impartial proceedings are all the more honourable to Irish sentiment in general, because Lord Charlemont, its champion out of doors, and Flood, long the leader of the Independent party in the Parliament, were neither of them prepared to surrender the system of Protestant ascendency. In order to measure the space which had at this period been covered by the forward movement of liberality and patriotism, it is necessary to look back to the early years of the Georgian period, when Whiggism had acquired a de¬ cisive ascendency, and the spirits of the great deep were let loose against Popery. But the temper of proscription in the two countries exhibited specific differences. Extravagant in both, it became in Ireland vulgar and indecent. In England, it was Tilburina,* gone mad in white satin; in Ireland it was d’ilburina’s maid, gone mad in white linen. The Lords Justices of Ireland, in 1715, recommended the Parliament to put an end to all other distinctions in Ireland “ but that of Protestant and Papist.” f And the years that followed seem to mark the lowest point of constitutional depression for the Roman Catholic population in par¬ ticular, as well as for Ireland at large. The Commons, in 1715, prayed for measures to discover any Papist enlisting in the King’s service, in order that he might be expelled “ and punished with the utmost severity of the law.” J When an oath of abjuration had been imposed which pre¬ vented nearly all priests from registering, a Bill was passed by the Commons in 1719 for branding the letter P on the cheek of all priests, who were unregistered, with a red- hot iron. The Privy Council “ disliked ” this punishment, and substituted for it the loathsome measure by which safe guardians are secured for Eastern harems. The English Government could not stomach this beastly proposal; and, says Mr. Lecky,§ unanimously restored the punishment of * Sbei'idan’s Critic, act iii. »c. l. t Plowden’s History (1S09), ii. 70. t Brown, Laws against CathcEcs, p. 289. § Lecky, i. 297. 1 ' 274 LESSOJVS OF IRISH HISTORY branding. The Bill was finally lost in Ireland, but only owing to a clause concerning leases. It had gone to England winged with a prayer from the Commons that it might be recommended “ in the most effectual manner to his Majesty,” and by the assurance of the Viceroy in reply that they might depend on his due regard to what was desired.* In the same-year passed the Act which declared the title of the British Parliament to make laws for the government of Ireland. On the accession of George II., a considerable body of Roman Catholics offered an address of congratulation. It was received by the Lords Justices with silent contempt, and no one knows whether it ever reached its destination. Finally, the acute state-craft of Primate Boulter resisted habitually the creation of an “ Irish interest,” and above all any capacity of the Roman Catholics to contribute to its formation ; and in the first year of George II. a clause was introduced in committee into a harmless Bill * for the regulation of elections, which disfran¬ chised at a single stroke all the Roman Catholic voters in Ireland who up to that period had always enjoyed the franchise. It is painful to record the fact that the remarkable pro¬ gress gradually achieved was in no way due to British influence. For nearly forty years from the arrival of Arch¬ bishop Boulter in Ireland, the government of Ireland was in the hands of the Primates. The harshness of administration was gradually tempered, especially in the brief viceroyalty of Lord Chesterfield; but the British policy was steadily opposed to the enlargement of Parliamentary privilege, or the creation of any Irish interest, however narrow its basis, while the political extinction of the mass of the people was complete. The pecuniary wants, however, of the Govern¬ ment, extending beyond the hereditary revenue, required a resort to the national purse. The demands which were * Plowden, i. 297. * i Geo. II. c. ix. sect. 7. IN THE EIGHTEENTH CENTURY. 275 accordingly made, and these alone, supplied the Parliament with a vantage-ground, and a principle of life. The action of this principle brought with it civilizing and humanizing influences, which had become clearly visible in the early years of George III., and which were cherished by the war of American Indejrendence, as by a strong current of fresh air in a close and murky dungeon. The force of principles, and the significance of political achievements, is to be estimated in no small degree by the slenderness of the means available to those who promote them. And the progress brought about in the Irish Parlia¬ ment is among the most remarkable on record, because it was effected against the joint resistance of a hostile Executive and of an intolerable constitution. Of the three hundred members, about two-thirds were nominated by individual patrons and by close corporations. What was still worse, the action of the Executive was increasingly directed, as the pulse of the national life came to beat more vigorously, to the systematic corruption of the Parliament borough pensions and paid offices. In the latter part of the century, more than one-third of the members of Parlia¬ ment were dismissible at pleasure from public emoluments. If the base influence of the Executive allied itself with the patriotic party, everything might be hoped. For we must bear in mind not only the direct influence of this expendi¬ ture on those who were in possession, but the enormous power of expectancy on those who were not. Conversely, when the Government were determined to do WTong, there were no means commonly available of forcing it to do right, in any matter that touched either religious bigotry or selfish interest With so miserable an apparatus, anc^ in the face of the ever-wakeful Executive sustained by British power, it is rather wonderful how much than how little was effected. I am not aware of a single case in which a measure on behalf of freedom was proposed by British agency, and 276 ZESSOJVS OF IRISH HISTORY rejected by the Irish Parliament. On the other hand, we have a long list of the achievements of that Parliament due to a courage and perseverance which faced and over¬ came a persistent English opposition. Among other ex¬ ploits, it established periodical elections, obtained the writ of Habeas Corpus, carried the independence of the Judges, repealed the Test Act, limited the abominable expenditure on pensions, subjected the acceptance of office from the crown to the condition of re-election, and achieved, doubt¬ less with the powerful aid of the volunteers, freedom of trade with England, and the repeal of Poynings’s Act, and of the British Act of 1719.* All this it did without the manifestation, either within the walls or among the Roman Catholic population, of any disposition to weaken the ties which bound Ireland to the empire. All this it did; and what had the British Parlia¬ ment been about during the same period, with its vastly greater means both of self-defence and of action ? It had been building up the atrocious criminal code, tampering in the case of Wilkes with liberty of election, and tampering with many other liberties; driving, too, the American Colonies into rebellion, while, as to good legislation, the century is almost absolutely blank, until between 1782 and 1793 we have the establishment of Irish freedom, the economical reform of Mr. Burke, the financial reforms of Mr. Pitt, the new libel law of Mr. Fox, and the legislative constitution of Canada, in which both these great statesmen concurred. But we have not yet reached the climax of Irish advance¬ ment. When, in 1782 and 1783, the legislative relations of the two countries were fundamentally rectified by the formal acknowledgment of Irish nationality, the beginning of a great work was accomplished ; but its final consummation, though rendered practicable and even easy, depended wholly on the continuing good intention of the British Cabinet. * See Lecky, vi. 521. IN THE EIGHTEENTH CENTURY. 277 The Acts of 1782 and 1783 required a supplemental arrange¬ ment, to obviate those secondary difficulties in the working of the two Legislatures, which supplied Mr. Pitt with his main parliamentary plea for the Union. What was yet more important was the completion of the scheme in Ireland itself. And this under three great heads: (i) The purification of Parliament by a large measure of reform ; (2) the abolition of all Roman Catholic disabilities; (3) the establishment of a proper relation between the Legis¬ lative and the Executive powers. It is often urged, with cynical disregard to justice and reason, that with the Grattan Parliament we had corruption, coercion, discontent, and finally rebellion. But the political mischiefs, which disfigure the brief life of the Grattan Parliament, and the failure to obtain the two first of the three great purposes I have named, were all in the main due to the third grand flaw in the Irish case after 1782. I mean the false position, and usually mischievous character, of the Irish Executive, which, with its army of placemen and expectants in Parlia¬ ment, was commonly absolute master of the situation. Well does Mr. Swift MacNeill,* in his very useful work, quote the words of Mr. Fox in 1797: “ The advantages, which the form of a free Government seemed to promise, have been counter¬ acted by the influence of the Executive Government, and of the British Cabinet.” 'Phere were five Viceroys between 1782 and 1790. Then came a sixth. Lord Westmoreland, the worst of them all, whose political judgment was on a par with his know¬ ledge of the English language.t The great settlement of 1782-3 was in the main worked by men who were radically adverse to its spirit and intention. But they were omnipotent in their control of the unreformed Parliament of Ireland, more and more drenched, under their unceasing and pesti- * The Irish Tarliamnit, p. 64. Cassell: 1885. t See Lecky, vi. 492, 493. 278 LESSONS OF IRISH HISTORY lent activity, with fresh doses of corruption. Westmoreland and his myrmidons actually persuaded Pitt, in 1792, that Irish Protestantism and its Parliament were unconquerably adverse to the admission of Roman Catholics to the fran¬ chise ; but when the proposal was made from the Throne in 1793, notwithstanding the latent hostility of the Castle, the Parliament passed the Bill with little delay, and “ without any serious opposition.” * The votes against it were one and three on two divisions f respectively. A minority of sixty-nine supported, against the Government, a clause for extending the measure to seats in Parliament. That clause, lost by a majority of ninety-four, might apparently have been carried, but for “ Dublin Castle,” by an even larger majority. I shall not here examine the interesting question, whether the mission of Lord Fitzwilliam was wholly due to the action of those Whig statesmen who were friendly to the war, but disinclined to a junction with Mr. Pitt except on condition of a fundamental change in the administration of Ireland. Nor shall I dwell upon his sudden, swift, and disastrous recall. But I purpose here to invite attention to the most remarkable fact in the whole history of the Irish Parliament. When the Viceroy’s doom was known, when the return to the policy and party of ascenden'cy lay darkly lowering in the immediate future, this diminutive and tainted Irish Parliament, with a chivalry rare even in the noblest histories, made what can hardly be called less than a bold attempt to arrest the policy of retrogression adopted by the Government in London. Lord Fitzwilliam was the declared friend of Roman Catholic Emancipation, which was certain to be followed by reform; and he had struck a death-blow jat bigotry and monopoly in the person of their heads, Mr. Beresford and Mr. Cooke. The Bill of Emancipation was introduced on the 12th of February,! with only three dissentient voices. On the 14th, when the * Lecky, vi. 567. t Plowden’s Historical Review, ii. 335. t Ibid., ii. 353. IN THE EIGHTEENTH CENTURY. 279 London Cabinet had declared dissent from the proceedings of their Viceroy without recalling him, Sir L. Parsons at once moved an address, imploring him to continue among them, and only postponed it at the friendly request of Mr. Ponsonby.* On the 2nd of March, when the recall was a fact, the House voted that Lord Fitzwilliam merited “ the thanks of that House, and the confidence of the people.” f On the 5th the Duke of Leinster moved, and the House of Peers carried, a similar resolution. J At this epoch I pause. Here there" opens a new and disastrous drama of disgrace to England and misery to Ireland. This is the point at which we may best learn the second and the greatest lesson taught by the history of Ireland in the eighteenth century. It is this, that, awful as is the force of bigotry, hidden under the mask of religion, but fighting for plunder and for power with all the advan¬ tages of possession, of prescription, and of extraneous support, there is a David that can kill this Goliath. That conquering force lies in the principle of nationality. It was the growing sense of nationality that prompted the Irish Parliament to develop its earlier struggles for privilege on the narrow ground into a genuine contest for freedom, civil and religious, on a ground as broad as Ireland, nay, as humanity at large. If there be such things as contradictions in the world of politics, they are to be found in nationality on the one side, and bigotry of all kinds on the other, but especially religious bigotry, which is of all the most baneful. Whatever is given to the first of these two is lost to the second. I speak of a reasonable and reasoning, not of a blind and headstrong nationality; of a nationality which has regard to circumstances and to traditions, and which only requires that all relations, of incorporation or of independence, shall be adjusted to them according to the laws of Nature’s own enactment. Such a nationality * Plowden’s Historical Review, ii. 498. t ibid., ii. 357. . J Ibid., ii. 505. 28 o LESSOm OF IRISH HISTORY. was the growth of the last century in Ireland. As each Irishman began to feel that he had a country, to which he belonged, and which belonged to him, he was, by a true process of nature, drawn more and more into brother¬ hood, and into the sense of brotherhood, with those who shared the allegiance and the property, the obligation and the heritage. And this idea of country, once well con¬ ceived, presents itself as a very large idea, and as a frame¬ work for most other ideas, so as to supply the basis of a common life. Hence it was that, on the coming of Lord Fitzwilliam, the whole generous emotion of the country leapt up with one consent, and went forth to meet him. Hence it was that religious bigotry was no longer an appreciable factor in the public life of Ireland. Hence it was that on his recall, and in order to induce acquiescence in his recall, it became necessary to divide again the host that had welcomed him—to put one part of it in array as Orangemen, who were to be pampered and inflamed; and to quicken the self consciousness of another and larger mass by repulsion and proscription, by stripping Roman Catholics of arms in the face of licence and of cruelty, and, finally, by clothing the extreme of lawlessness with the forms of law. Within the last twelve months we have seen, in the streets of Belfast, the painful proof that the work of Beresford and of Castlereagh has been found capable for the moment of revival. To aggravate or sustain Irish disunion, religious bigotry has been again evoked in Ireland. If the curse be an old one, there is also an old cure, recorded in the grand pharmacopoeia of history; and if the abstract force of policy and prudence are insufficient for the work, we may yet find that the evil spirit will be effectually laid by the gentle influence of a living and working Irish nationality. Quod faxit Deus. PRINTED BY WILLIAM CLOWES AND SONS, LIMITED, LONDON AND BECCLES, < - ' r - '.O. ■■ V L RECENTLY PUBLISHED. BY THE Right Hon. G. SHAVV-LEFEVRE, M.P. PEEL AND O’CONNELL A REVIEW OF THE IRISH POLICY OF PARLIAMENT FROM THE ACT OF UNION TO THE DEATH OF SIR ROBERT PEEL. Demy Sz>o, cloth, i05'. 6d. By R. BARRY O’BRIEN. IRISH WRONGS AND ENGLISH REMEDIES WITH OTHER ESSAYS. Crown %vo, cloth, 5 ^. LONDON; KEGAN PAUL, TRENCH & CO. Price Is.; or bound in doth Ump, Is. 6d. r. THE Home-Rulers Manual BY E. BARRY O’BRIEN (of the middle temple, barrister-at-law) AUTHOR OF “FIFTY YEARS OP COXCESSIONS TO IRELAND “THOMAS DRUMMOND’S LIFE AND LETTERS,” ETC. LONDON KEG AX PAUL, TRENCH, TRUBNER & CO., Lt'.’ 1890 THE HOME-EULEE’S MANUAL R. BARRY O’BRIEN (of the middle temple, barrister-at-law) AUTHOR OF “FIFTY YEARS OF CONCESSIONS TO IRELAND” “THOMAS DRUMMOND’S LIFE AND LETTERS,” ETC. LONDON KEGAN PAUL, TRENCH, TRUBNER & CO., Lt'.' 1800 (77ie rights of trcmslalion and of reproduction are reserved.') PREFATORY. The object of this little book is to place some facts and figures on the Irish Question before English readers, and to do so in a spirit of fair play. Whatever side we take in this great controversy, let us, at least, observe the golden rule : inquire and tolerate. R. Barry O’Briex. Lincoln’s Inn, CONTENTS. PAKT I. HOME EULE. I. I'AliK WlIAT IS MEANT BY HoME ItULE ?. I Definition of Homo Kule . . .. .. .. . . 1 Irish Affairs .. .. .. .. .. . . .. 1 Imperial Affairs .. .. .. .. .. .. 2 Irish Eepresciitativcs at Westminster .. .. .. 2 Mr. Gladstone on the Retention of Irish Members .. h Mr. Parnell on the Irish Demand .. .. .. 1! II. Do THE Masses op the Ihish People want Home Rule ? .. 4 Irish Parliamentary Representation .. .. .. 4 Lord Spencer on Irish Elections .. .. .. .. o-T General Election, 1885 .. .. .. .. .. 7-9 Irish Representative Bodies for Home Rule .. .. 9 Irish Census, 1881 . . .. .. .. .. .. 10 The Masses of tlie People in favour of Home Rule .. 11 III. Why the Ikish want Home Rule .. .. .. .. 11 Mr. Goldwiu Smith on the Irish Question .. 11-13 Mr. Carlile on National Government .. .. . 13 Character of the Irish Government since 1801 .. . . 14 Lords-Lioutenant since 1801 .. .. .. 14, 15 Chief Secretaries since 1801 .. .. .. 15-17 Vlll CONTENTS. PAGE Mr. Clifford Lloyd on “ the Castle ” .. . ., 17 Imperial Legislation for Ireland .. .. , . .. 18 Catholic Emancipation .. ,. .. .. 18-21 Disfranchisement of Forty-shilling Freeholders .. 21 “ National ” Education .. .. . . . . 21-23 Parliamentary Reform .. .. .. .. 24-20 County Electors of Ireland, 1832-1889 .. .. .. 26 Total Irish Electorate, 1889 .. .. .. .. 26 Tithe Reform .. .. . . ,. .. 26, 27 Poor Law .. .. .. .. . . . . .. 27 Municipal Refoi ni .. . . . . . . . . .. 27 Disestablishment .. , . . . .. .. 27, 28 Land Question .. .. .. .. .. .. 28 Lord Derby and Mr. Bright on Tenants’ Improvements 28, 29 Devon Commission .. .. .. .. .. .. 29 Encumbered Estates Act .. .. .. .. .. 30 Deasy’s Act .. .. .. .. .. . . .. 31 The Bessborough Commission on Deasy’s Act.. .. 32 Land Bills and Land Acts from 1829 to 1870 .. 32, 33 Land Act of 1870 .. .. .. .. .. .. 33 Land Act of 1881 . .34-36 Arrears Act, 1882 .. .. .. .. .. .. 36 Land Purchase Act, 1885 .. .. . . .. 36, 37 Land Act of 1887 .. .. .. .. .. .. 38 The Spectator on the Concessions of 1881-1887 and the Land League .. .. .. .. .. .. 38 The Tories and the Land Legislation of 1881-1887 39, 40 The Failure of Imperial Legislation .. . . 40, 41 Coercion Acts since the Union .. .. .. 41,42 Mr. Chamberlain on British Rule in Ireland . . .. 42 PART II. OBJECTIONS TO HOME EULE. I. Home Rule will lead lo Separation . .. 44 Irish Political Movements in the Past .. .. .. 44 The Volunteers, 1779-1782 .. .. .. . . 44 The United Irishmen .. .. .. .. 44,45 CONTENTS. ix TAGE Eobert Emmett .. .. .. . . . . . . 45 O’Connell .. .. .. .. .. .. .. 45 Young Ireland .. . . . . . . .. .. 45 The Fenians .. . . .. .. .. 45, 4G Mr. Parnell on Home Rule and Separation . . 46, 47 II. Home Rule aot) Religious Persecution .. .. .. 47 Mr. Lecky on Irish Tolerance .. .. .. 47, 48 Lord Redesdale on the Absence of Religious Feeling in Irish Politics .... .. .. .. .. 48 The Irish Question is not Catholic and Protestant .. 49 O’Connell on the Irish Question . . . . . . . , -lO Popular Heroes—Protestants .49 Irish Rebels—Protestants.50 Constitutional Agitators — Catliolics . . .. .. 50 Lord Dufferin on the Fenians . . .. . . .. 50 Rebel Belfast .. .. .. .. . . .. 51 Republican Feeling of Ulster in the Eighteenth Century 51 Public ]\Ien in Ireland since the Union .. .. .. 52 Mr. Lecky on the Rebellion of 1641 and the Parliament of 1689 52-69 PART HI. ARGUMENTS AGAINST HOME EULE. 1 . Irish Nationality .. .. .70 What is a Nation? .. .. .. .. .. .. yp The Factors of Nationality . . .. .. .. 70 Race .. .. .. .. .. .. .. 71 Religion .. .. .. .. .. .. 72 Language .. .. .. . . .. .. 72 Geography .. .. .. .. .. .. 72 Population .. .. .. .. .. .. 72 History .. .. .. . . ., .. .. 72 Irish History .. .. .. .. .. 73-93 X CONTENTS. I'AGE II. Ulstisi!. ,. . . .. .. 93 The Plantation of Ulster . . .. . . . . .. 93 The Colony and the Nation . . .. . . . . 93 Ulster Census, 1881 . . . . . . . . 91,95 Catholic.s and Protestants .. .. . . . . 91, 95 Ulster in Parliament .. . . .. .. .. 95 Tory County of Ulster .. .. .. . . . . 95 Home Eule Counties . . .. . . . . .. 90 Divided Ulster—Counties . . .. . . .. 90 Tory Boroughs .. .. .. . . .. . . 90 Home Eule Boroughs .. . . . . .. .. 90 Divided Ulster—Boroughs .. . . .. .. 90 Political Boundary of‘‘Unionist” Ulster .. .. 90 The Imperial Parliament and Ulster .. .. 97, 98 The Tranquillity of Ulster .. .. .. .. 99 Ulster Tenant-right .. .. .. . . 100, 101 Cause of Agrarian Outrages .. .. .. .. 101 Mr. Gladstone, Mr. Bright, and Mr. Froude on Agrarian Outrages .. .. .. . . .. .. 101-103 Evictions and Outrages between 1819 and 1881 .. 104 Evictions in Ireland and Elsewhere .. .. 105, 106 Occupations of the Irish People .. .. .. .. 100 Occirpations of the British People .. .. 106,107 Lord Dutferiii on the Destruction of Irish Manufac¬ tures .. .. .. .. .. .. 107-109 The Ulster Case summed up .. .. .. .. 109 III. Home Eule and Eemedial Measuhes . 110-111 IV. The “ Eespectable ” Membei-ts of the Community and Home Eule .. .. . .. .. .. .. 112 The TMire.s and O’Connell.. .. .. .. 113-118 The Times and Drummond .. . . . . 118, 119 Mr. Cobden on the Times .. .. .. .. .. 120 “ Eespectable ” Ulster and Irish Eeforms .. 120,121 The House of Lords and Irish Eeforms .. .. 121-125 CONTENTS. XI r AO E The Part played by tlie “ Respectable ’ ’ Classes generally in the History of Reform .. .. .. 125,120 V. The PnosPERTTY op Ireland since the Union.. .. .. 120 The Condition of the Irish Peasantry sinee the Union 120 Authorities cited— Newenham .. .. . . .. .. . . 120 ATakefield .. .. .. . . .. . . 127 Gongh .. .. .. .. .. . . .. 127 Select Committee, House of Commons, 1810 .. 127 Wiggins (agent to Lord Headfort) .. .. .. 127 Annual Register, 1822 .. .. .. . . 127 Select Committee, House of Commons, 1823 127, 128 Mr. Ninimo .. .. .. .. .. .. 128 Poor Law Commissioners, 1830 .. . . .. 128 Sir George Cornewall Lewis . . .. .. .. 128 Thomas Drummond .. .. .. .. ..129 Gustave de Beaumont . . .. . . .. 129 The Devon Commission .. .. .. . . 129 Sir Gavan Duffy .. .. .. .. .. 130 Joseph Kay. 130-132 liord Dufferhi .. .. .. .. .. • .. 132 General Gordon .. . . .. . . 132, 133 Decline of Population since 1847 .. . . . . .. 133 Emigration since 18.51 .. .. .. .. .. 1.34 Money sent from America by Irish Emigrants .. 1.34, 13.5 PART IV. MR. BALFOUR, IRELAND, AND THE LEAGUE I. Mr. Balpol'r and the Tranquillity of Ireland .. .. 137 Agrarian Crime and Political Discontent .. . . 137 Agrarian Crime during the Fenian Movement . . 138-140 Mr. Balfour and Home Ride . . . . . . . . 140 Bye-elections in Great Britain . . 140 Mr. Balfour and Agrarian Crime .. .. . . .. 141 Dr. Doyle on Coercion .. .. .. .. ..142 XU CONTENTS. II. Irish Agrarian Societies and the Land League The Land War in Ireland .. Whiteboys, 1761-1762 Hearts of Steel, 1771 Whiteboys, 177.5 Rightboys, 1785 Thrashers, 1806 Whiteboys, 1807 Whitefeet Blackfeet Terry Alts Lady Clares Molly Maguires Rookites Ribbonism, 1835-1889 Lord Hartington on the Ribbon Society in 1871 Agrarian Crime and Landlordism Witnesses against Landlordism, 1718-1881 .. 145, III. The ViOLigNCE op the Land League The Land Question in Parliament prior to the Estab¬ lishment of the Land League .. The Land Question in Parliament after the Establish¬ ment of the Land League The Violence of Irish Agitators generally—O’Connell.. The Story of the Clare Election .. .. .. 147- Lord Anglesey’s Reasons for favouring Catholic Eman¬ cipation Sir Robert Peel’s Reasons for granting Catholic Eman¬ cipation .. .. .. .. .. .. 150, Lord Derby on Irish Violence and English Concessions 151- PART V. LEGISLATIVE SYSTEMS IN IRELAND. Irish Paeliajibnts .. Section I., 1171-1495 Hallam on the Early Institutions of Ireland .. |> 1830-1835 PAGE 143 143 143 143 143 143 144 144 144 144 145 146 146 146 147 147 •150 150 151 ■153 154 154 154 CONTENTS. Xlll PAGE Leading Dates .. .. .. .. .. •. 155 1171-1172 .155 1295 .. 155, 156 1310.156 1316.156 1341.156 1359 156 1367 157 1459 157 Summary of Section I. .. .. . . .. 157, 158 Section II., 1495-1782 .. . . .. .. .. 158 Leading Dates—1495 (Poynings’ Law) .. .. 158, 159 1537 .. .. ’.159 1560 159 1569 160 1576 160 1613. 161,162 1640 162 1654 162 1661 162,163 1689 163 1692 163 1695-1714 163, 164 1719.164 1719-1774 164 1774-1781 164, 165 Summary of Section II. .. .. .. . . .. 165 Section III., 1782-1800 .. . . . . . . .. 165 Leading Dates — 1782 . . . . . . . . 165,166 1783 167 1792 167 1793 168 1795 168 1800 . 168 Summary of Section III. .. .. .. .. 168, 169 Mr. Leckyou the Last Years of the Iriah Parliament 169, 170 The Irish Debt before and after the Union .. .. 170 The Catholic Question in the Irish and in the Imperial Parliament .. .. .. .. .. 170,171 XIV CONTENTS. r.\fiE ir. The Stohy of the Uniox .. .171 The Unbribed Intellect of Ireland against the Union .. 172 Plnnket’s Speech .. .. .. .. .. 172,171! Sanrin .. . . .. .. .. . . .. 17;! Burrowes .. . . .. . . . . .. .. 173 Unparalleled “ Corruption ” .. .. . . .. 171 Lord Cornivallis’s Opinion of his Duties .. . . 175 Irish Opinion against the Union. . . . .. 175, 17G Ireland and Poland .. .. .. .. .. 17() The Union “ a Crime of the Deepest Turpitude ” 17G, 177 The Effect of the Union .. .. . . . . 177,178 “ A Great Crime and a Great Blunder ”. . . . .. 178 III. Conclusion. .. .. .. 178 Summary of the Whole Case .. .. .. 178-181 Progress of Home Eule in Ulster .. .. .. 181-184 THE HOME-EULER’S MANUAL. PAET I. HOME RULE. I. WHAT IS MEANT BY HOME RULE ? The Irish mean by Home Rule the government of Ireland by men possessing the confidence of the masses of the Irish people. This is the sum total of their demand. But how is such a government to be obtained ? By the establishment of an Irish Parliament, and an Irish Executive for the control and management of purely Irish affairs, reserving to the Imperial Parliament the control and management of Imperial affairs. But what are Irish, what Imperial affairs ? Irish Affairs. The Irish Parliament sitting in Dublin should deal with the following subjects;—Education, land, justice, commerce, customs, police. B 2 THE HOME-EULEE’S MANUAL. Imperial Affairs. The Imperial Parliament at Westminster should continue to deal with the graver questions affecting foreign policy, peace or war, the army and navy, mattei’s relating to the Crown (including, if the occasion should arise, the appointment of Regent), the currency, the post office. The Irish Lord-Lieutenant should be api)ointed by the Crown; the Irish judges, by the Irish Executive; the police should be regulated on the same principle as they are now regulated in English municipalities. The Lord-Lieutenant should have a veto on Irish legislation. The Irish Parliament should have no voice in ques¬ tions affecting the empire at large; no control over the army or navy, no vote on peace or war. Irish Representatives at Westminster. But Ii’ish representatives should (if the English people so wish it) sit at Westminster, to vote on Im¬ perial questions. How many Irish membei'S should sit at Westminster, and whether they should be permitted to vote on Imperial questions only, taking no part in the discussion of British affairs, are matters which the Irish people are willing to leave entirely in the hands of their British fellow-citizens; their chief aim being the management of their own affairs, and the building up of their own nation, consistently with the integrity and welfare of the Empire. KETENTION OF IKISH MEMBERS. 8 Mr. Gladstone on the Retention of Irish Memhers. On the subject of the retention of Irish meniber.s ]\Ir. Gladstone said in July, 1888— “ It [the retention of Irish members] is a matter on which I never had the slightest intention or disposi¬ tion to interpose an objection. As to the mode of doing it, it is obvious that there are many—there may be a score—of modes of doing it. You may retain the present number of Irish representatives, or you may reduce it; you may elect Irish members to Westminster directly, or you may elect them indirectly—that is, have them chosen by an intermediate body such as the Irish representatives. You may allow them to sit in Parliament with the right to vote on all subjects, or you may give them a limited right to sit with power to vote on certain subjects. As to the practica¬ bility of making a plan, there is no question at all about it.” * ilfr. Parnell on the Irish Demand. Speaking of the disposition of the Irish to consider the interests of the empire in putting forward their own claims, Mr. Parnell said in March, 1889— “ It is possible to arrange such a system as will permit Ireland to have the power of dealing with all those matters which concern herself, and herself alone, without the slightest shadow of danger or risk to the interests of the empire. All I ask is that you on your side should be willing to consider and deal with this * Bailij News, July 20, 1888. 4 THE HOME-KULER’S MANUAL. question as if it were an open question; that you should consider how far you can give to Ireland the right to legislate for herself with safety to your own greater, and undoubtedly more overpowering interests. It is legitimate and right that we, being the smaller country, should endeavour to conciliate you in every possible manner, and yield to you, and agree to such safeguai’ds as you may think necessary or desirable for the security of your own interests. We have always been anxious for this, and we are still.” * 11 . DO THE MASSES OF THE IRISH PEOPLE WANT HOME RULE ? This question may be answered in alleged Irish fashion by asking another. What is the test of public opinion in constitutional countries ? Unquestionably the Parliamentary representation, when based on popu¬ lar suffrage. Taking this test, how does the case stand ? The Parliamentary Representation. By the Reform Act of 1884 the Parliamentary suf¬ frage was extended to the masses of the people in Ire¬ land. In 1885 a general election took place. Result-— Home Rulers .. .. .. .. .. .. 85 Auti-Home Rulers .. .. .. .. .. 18 lost * House of Commons, March 1, 1889. f At the Union the number of Irish members was fixed at 105. In 1870 two boroughs (Sligo and Cashel) were disfranchised. The number of members was thus reduced to 103. IRISH PARLIAMENTARY REPRESENTATION. 5 In 1886 another general election took place. Result— Home Rulers .. .. .. .. .. . • Anti-Home Rulers—Conservatives, 17 ; Dissentient Liberals, 2 .. .. .. .. .. .. 19 * 103 In three provinces—Leinster, Munster, and Con¬ naught—no county or borough returned a “Unionist” candidate in 1885 or 1886.f Wherever “Unionists” appeared in these provinces in 1885, they were defeated by overwhelming majori¬ ties in 1886 they scarcely attempted any serious opposition at all. In Ulster, where alone the “ Unionists ” have a stronghold, they only gained six¬ teen seats in 1885, against seventeen gained by Home Rulers, In 1886 the position of the parties remained the same. In a word, three and a half provinces out of four have declared by their Parliamentary repre¬ sentatives in favour of Home Rule. Lord Spencer has dealt ably and fairly with this subject of Parliamentary elections in the “ Handbook of Home Rule.” He says— “ In Parliamentary elections we also find clear evi¬ dence of the strength of the Nationalists, and the extreme weakness of their opponents. This is a test which those who accept popular representative govern¬ ment cannot disregard, particularly at an election when for the first time the new constituencies were * One Unionist was unseated, and the seat was given to a Home Ruler, thus reducing the Unionist number to 18. t The University of Dublin returned two Conservatives. J Dublin University, of course, excepted. 6 THE HOME-RULEK’S MANUAL. called upon to exercise the privileges entrusted to them by Parliament. Such was the election of 1885, followed in 1886 by another General Election. In 1885 contests took place in, most of the Irish con¬ stituencies. They were between Liberals allied with Conservatives, and Parnellites. In 1886 the contests were between those who called themselves Unionists •and Parnellites, and the Irish policy of Mr. Gladstone was specially referred to the electors. “ In regard to the number of members returned on the two sides, the result of each election was almost identical, but in 1886 there were fewer contests. We may, then, assume that the relative forces of Parnellites and Unionists were accurately represented at the election of 1885. If we take the votes at the election of 1885 for candidates standing as Nationalists, we •shall find, roughly speaking, that they obtained in round numbers about 300,000 votes, and candidates who stood either as Liberals or Conservatives, about 143,000. But the case is really stronger than these figures represent it, because in some constituencies the conte.sts were between Liberals and Conservatives, and there can be no doubt that in those constituencies a number of Nationalist votes were given for one or both of such candidates—votes which, therefore, would have to be deducted from the 143,000, leaving a still heavier majority on the Nationalist side.* “ If we look at individual constituencies, we find that in South Kerry only 133 person.s voted for the * “There wns one case—North Louth—in -which two Nationalists opposed one another, and I have left that case out of the calculation.” GENEEAL ELECTION, 1885. 7 ‘ Unionist ’ candidate, while 2742 voted for the Nationalist. “ In six out of seven constituencies in Cork where contests took place, 27,692 votes were given for the Nationalists, and only 1703 for their opponents. In Dublin, in the division which may be considered the West-end constituency of the Irish metropolis, the most successful man of commerce in Ireland, a leader of society, whose liberality towards those in his employment is only equalled by his munificence in all public works, was defeated by over 1900 votes. He did not stand in 1886, but his successor was defeated by a still larger majority. These elections show the numbers in Ireland on which the Govern¬ ment and those who oppose Mr. Parnell’s policy can count for support.” * This statement may be supplemented by the follow¬ ing figures :— O O General Election, 1885. Constituencies. Nationalist Vote. Anti-Home Rule Vote. Nationalist Majority. Carlow County 4801 751 4050 Cavan, West 642.5 1779 4646 Clare, East 6224 289 59,35 „ West 6763 289 6474 Cork, East .. 4314 266 4048 „ Mid. 5033 106 4927 „ North 4982 102 4880 „ South 4823 195 4628 „ South-East .. 4620 661 3959 ■„ West . . 3920 373 3547 * “ Handbook of Home Rule ” (Kegan Paul, Trench, Triibner am) Co.), Preface, pp. xvi., xvii. THE HOME-RULER’S MANUAL. 8 Constituencies. Nationalist Vote. Anti-JIome Rule Vote. Nationalist Majority. Cork City (uudivided) (6682 ^6497 1456 1392 5226 5105 Donegal, North 4597 952 3645 „ South 5055 1369 3686 Dublin County, North .. 7560 1425 6135 „ City, College Green 6548 1518 5030 „ „ Harbour Division .. 6717 1628 5089 „ „ St. Patrick’s 5330 1162 4168 Galway County, East 4866 352 4514 „ City . 1335 164 1171 Kerry, West 2607 262 2345 „ South 2742 133 2609 „ East 3169 30 3139 Kildare, North 3168 467 2701 Kilkenny, North .. 4084 174 3910 „ South .. 4088 . 222 3166 King’s County, Tullamore 3700 323 3377 „ Birr 3408 760 2648 Leitrim, North 4686 541 4145 „ South 4525 489 4286 Limerick City 3098 635 2463 Longford, North .. 2549 163 2386 „ South .. 3046 321 2725 Mayo, West 4790 131 4659 „ South 4953 75 4878 Monaghan, South .. 4375 963 3412 Queen’s County, Leix 3750 507 3243 „ Ossory .. 3959 293 3666 Roscommon, North 6102 366 5736 „ South 6033 338 5695 Sligo, North 5216 772 4444 „ South 5151 541 4610 Tipperary, North .. 4789 252 4537 „ Mid. 3804 255 3549 „ South .. 3572 122 3450 „ East .. 4064 196 3868 Waterford County, West .. 3746 359 3387 „ „ East .. 3291 314 2977 „ City Westmeath, North 2420 276 2144 3648 255 3393 „ South 3618 200 3418 • Wexford, North 6531 917 5614 Wicklow, West 3721 871 2850 „ East 3385 1000 2385 ULSTER CONSTITUENCIES. 9 Taking Ulster constituencies, we find— O Constituencies. Nationalist Vote. Anti-Home Rule Vote. Nationalist Majority. Donegal, East 4089 2992 1097 Fermanagh, North 3255 2822 483 „ South 3574 2181 1393 Londonderry, South 4723 41.58 565 Monaghan, North. . 4055 2685 1370 Tyrone, Mid 4299 2657 1642 „ East 3919 3361 558 „ South 3435 3382 53 We have seen that in four of the divisions of Dublin the Nationalists were retui’ned by overwhelm¬ ing majorities. In the two following divisions the majorities were smaller. Constituencies. Nationalist 1 Vote. Anti-Home Rule Vote. Nationalist Majority. Dublin County, South 5114 3736 1378 „ City, Stephen's Green . ! 5277 3334 1943* The Munic^yal Corporations. But the Home Rulers are not only in a majority in Parliament; they are in a majority in almost every representative body in the country. Says Lord Spencer— “ It would be difficult, perhaps impossible, to find any Municipal Council, Boards of Guardians, or local Boards, in Leinster, Munster, or Connaught, whose members do not consist of a majority of Nationalists. * Parliamentary (election) return 1885. See also Sir Charles Russell, Speech before the Special Commission. ro THE HOME-EULER’S MANUAL. At nearly all such assemblies, whenever any important political movement takes place in the country, or when the Irish Government take any action which is displeasing to the Nationalists, resolutions are dis¬ cussed, and carried in a spirit of sharp hostility to the Gov^ernment.” * The Popular Church. It may be added that the bishops and priests of the Catholic Church, to which three-fourths of the people belong, are, almost to a man, zealous supporters of Home Rule. The Irish Question is not a religious question, as will appear more clearly later on;t but it is correct to say that, in the main. Catholics are Home Rulers, Protestants are not. This being the case, what is the proportion of Catholics to Protestants in the country ? According to the census of 1881, the figures stand :— Catholics.. . . 3,951,888 Protestant Episcopalians 635,670 Presbyterians 485,503 Methodists 47,669 Independents 6,014 Baptists .. 4,894 Society of Friends 3,696 Jews 453 Thus it will be seen that, of the total population in 1881, about 76‘6 per cent, were Catholics, 12‘4 per cent. Protestant Episcopalians, 9T per cent. Presbyterians, and 1 per cent. Methodists, Of course, there are some Catholics against Home Rule, as there are some * ■* Handbook of Home Rule,” Preface, pp. x v., xvi. t Post, pp. 47,69. MR. GOLDWIN SMITH ON IRISH LEGISLATION. 11 Protestants in favour of it; though it may be said that the national line is, upon the whole, coincident with the religious line. This is so because the masses of the people belong to one particular religion ; and it must be remembered that some of the best of Irish Nationalists have belonged to the religions of the minority. Then, judging by every fair test that can be taken, the fact is clear that the masses of the Irish people are in favour of Home Rule. III. WHY THE IRISH WANT HOME RULE. The Irish have been driven to demand Home Rule by the incompetence of the Imperial Parliament to redress material grievances, or to satisfy national aspirations. No one has stated the case better than Mr. Goldwin Smith. He says — “ The Irish legislation of the last foi’ty years,* not¬ withstanding the adoption of some remedial measures, has failed through the indifference of Parliament to the sentiments of Irishmen; and the harshness of English public opinion has embittered the effects on Irish feeling of the indifference of Parliament. Occa¬ sionally a serious effort has been made by an English statesman to induce Parliament to approach Irish questions in that spirit of sympathy, and with that anxious desire to be just, without which a Parliament * Written in 18C8. THE HOME-RULEK’S MANUAL. ]2 in London cannot legislate wisely for Ireland. Such efforts have hitherto met with no response.” * Again : “ The real I’oot of the disaffection, which it exhibits itself at present in the guise of Fenianism, and which has been suddenly kindled into flame by the arming of the Irish in the American civil war, but which existed before in a nameless and smouldering state, is, as I believe, the want of national institutions, of a national capital, of any objects of national refer¬ ence and attachment, and, consequently, of anything deserving to be called national life. The English Crown and Parliament the Irish have never learnt, nor have they any chance of learning, to love, or to regard as national, notwithstanding the share that was given them, too late, in the representation. “ The greatness of England is nothing to them. Her history is nothing or worse. The success of Irishmen in London consoles the Irish in Ireland no more than the success of Italian adventurers in foreign countries (which was very remarkable) consoled the Italian people. The drawing off of Irish talent, in fact, turns to an additional grievance in their mind. Dublin is a modern Tara, a metropolis from which the glory has departed ; and the viceroyalty, though it pleases some of the tradesmen, fails altogether to satisfy the people. ‘ In Ireland we can make no appeal to patriotism; we can have no patriotic sentiments in our school-books, no patriotic emblems in our schools, because in Ireland everything patriotic is rebellious.’ These were the words uttered in my hearing, not by a complaining * “ The Irish Question,” Preface, pp. iii., iv. MR. CARLILE ON NATIONAL GOVERNMENT. 13 demagogue, but by a desponding statesman. They seemed to me pregnant with fatal truths.” * Mr. Garble, a Scotch Presbyterian and the able organizer of the National Schools of Ireland, said in 1833— “The Government of any nation must necessarily partake of the character, particularly of the religious character, of the nation. We do not expect to find a Christian Government in _^a heathen country, nor a heathen Government in a Christian country; a Roman Catholic Government in a Protestant country, nor a Protestant Government in a Roman Catholic country. This is more obviously true as it respects free countries, in which the governing power is constituted by a direct representation of the principles and feel¬ ings of the people; for, as all classes naturally desire, for their own interest, to obtain as great a share in the making and executing of laws as possible, each class will, in exact proportion to its influence in society, obtain its share of representation in the legis¬ lative and executive departments of Government. “If the people be Protestant, the Government will be so also; if the people be Roman Catholics, such will be the Government; if the people be both de¬ nominations, so also will the Government. . . . Pre¬ cisely as is the people, so Avill the governors be.” f Taking these words as our text, let us see if the Government of Ireland since the Union has “partaken of the character of the nation.” * “ The Irish Question,” pp. 7, 9. t Carlile, “Thoughts on the Mixed Character of Government Insti¬ tutions in Ireland,” etc., pp. 3, 4. li THE HOME-RULEE’S MANUAL. Character of the Irish Executive since the Ur ion. The Governors o£ Ireland have been, practically, the lords-lieutenant and chief secretaries. How many of these have been Irish; how many Catholics ; hovv many, whether Irish or British, Protestant or Catholic, have been in touch with the masses of the people ? Lords-Lieutenant. The names in italics are Irish ; those with an asterisk were Catholics ; those with an obelisk were in harmony with Irish opinion and feeling. 1801. Earl Hardwicke. 1806. Duke of Bedford. 1807. Duke of Richmond. 1813. Earl Whitworth. 1817. Earl Talbot. 1821. Marquis of Wellesley. 1828. Marquis of Anglesey.! 1829. Duke of Northumberland. 1830. Marquis of Anglesey.^ 1833. Marquis of Wellesley I 1834). Earl of Haddington. 1835. Earl of Mulgrave.f 1839. Lord Ebrington. 1841. Earl de Grey. 1844. Lord Heytesbury. 1846. Earl of Besshorough. 1847. Earl of Clarendon. 1852. Earl of Eglinton. ’ The Marquis of Anglesey was recalled while he was popular, and sent back after he had ceased to be popular. ^ Came to administer a Coercion Act, and ceased to be popular. THE IRISH EXECUTIVE SINCE 1801. 15 1853. Earl of St. Germains. 1855. Earl of Carlisle. 1858. Earl of Eglinton. 1859. Earl of Carlisle. 1864. Earl of Kimberley. 1866. Duke of Abercorn. 1868 Eai’l Spencer. 1874. Duke of Abercorn. 1876. Duke of Marlborough. 1880. Earl Cowper. 1882. Earl Spencer. 1885. Lord Carnarvon. 1886. Lord Aberdeen, f Marquis of Londondevrij. Chief Secretaries. 1801. Lord Castlereagh. Mr. Abbot (afterwards Loi’d Colchester). 1802. Mr. Wickham. 1804. Sir E. Nepean. 1805. Mr. Vansittart (afterwards Lord Bexley). 1806. Mr. Elliot. 1807. Sir Arthur Wellesley. 1809. Mr. Dundas (afterwards Lord Melville). Mr. Wellesley Pole (afterwards Earl of Morn- ington). 1813. Sir R. Peel. 1818. Mr. Grant (afterwards Lord Glenelg). 1821. Mr. Goulburn. 1827. Mr. Lamb (afterwards Lord Melbourne). 1828. Lord F. L. Gower. 16 THE HOME-EULEK’S MANUAL. 1830. Sir H. Hardinge. 1831. Mr. (afterwards Lord) Stanley. 1833. Sir J. C. Hobhouse. Mr. Littleton (afterwards Lord Hatherton). Sir. H. Hardinge. 1835. Viscount Morpeth.f 1841. Lord Elliot. 1845. Sir T. Freemantle. 1846. Earl of Lincoln. Mr. Labouchere. 1847. Sir William Somerville. 1852. Lord Naas. 1853. Sir John Young. 1855. Mr. Horsman. 1857. Mr. Herbert. 1858. Lord Naas. 1859. Mr. Cardwell. 1861. Sir E. Peel. 1865. Mr. Chichester Fortescue (Lord Carlingford). 1866. Lord Naas. 1868. Colonel John Wilson Patten. Mr. Chichester Fortescue. 1870. Marquis of Hartington. 1874. Sir M. Hicks Beach. 1878. Mr. Lowther. 1880. Mr. Forster. 1882. Lord Frederick Cavendish. Mr. Trevelyan. 1884. Mr. Campbell-Bannerman. 1886. Sir W. Hart-Dyke. Mr. John Morley. t MR. CLIFFORD LLOYD ON THE “CASTLE.' 17 1886. Sir M. Hicks Beach. 1887. Mr. Balfour. Thus it will be seen that, out of twenty-six different Lords-Lieutenant, there was not a single Catholic,* there were only three Irishmen, and only four who possessed the confidence of the people—the Marquis of Wellesley, the Marquis of Anglesey, the Earl of Mulgrave, and Loi'd Aberdeen. Out of forty-two different Chief Secretaries there was not a single Catholic, there were only eight Irish¬ men, and only two men who possessed the popular confidence—Lord Morpeth and Mr. John Morley. But the character of the Irish Executive has recently been summed up by Mr. Clifford Lloyd, himself a re¬ markable Irish official. He says— “ As to the ' Castle,’ it represents a system impos¬ sible to please even the best disposed. Unsympathetic and irritating in times of peace, it is inefficient in the hour of trouble. The institution will die unmourned and unregretted, except by a few Dublin tradesmen.” f Let Englishmen picture to themselves what might have been the fate of their country if the Spanish Armada had not been scattered to the winds three hundred years ago; let them think of England con¬ quered by Spain, and governed from Madrid by Spanish grandees, or Englishmen wholly out of .sym¬ pathy with the feelings and aspirations of the English people; then they will have some idea of what the government of Ireland has been, and is. * It is still contrary to law that there should be. t Times, March 18,1889. C IS THE HOME-EULER’S MANUAL. Imperial Legislation. The character of English legislation for Ireland since the Union may be inferred from the character of the Executive Government. The Executive disre¬ garded Irish opinion. So did the Legislature. “ The complaints [of the Irish],” says Mr. Bright, “have been met—-complaints of their sufferings have been met— often by denial, often by insult, often by contempt.” * This sentence sums up the case, as an examination of details will show. Catholic Emancipation, 1829. At the Union the population of Ireland was— Catholics . 5,395,436 Protestants .. .. .. .. .. 1,080,000 1 The one million Protestants alone enjoyed the rights and privileges of a free people. The five million Catholics were excluded by law or in practice from all positions of emolument and power in the State. By law they were excluded from Parliament, from the Bench, from the highest rank at the Bar,t from the Lord-Lieutenancy and many minor posts; in practice they were excluded from almost all the * House of Commons, October 17, 1866. + Newenham, “A View of the Natural, Political, and Commercial Circumstances of Ireland,” p. 242; and, by the same author, “A Statis¬ tical and Historical Inquiry into the Progress and Magnitude of the Population of Ireland,” pp. 307, 320. % Attorney or Solicitor General, King’s Counsel. CATHOLIC EMANCIPATION. ]9 municipalities, from the magistracy, the grand juries, and some three thousand other important offices.* Between 1801 and 1829 constant efforts were made for Catholic Emancipation — for the admission of Catholics to Parliament, to the Bench, to the highest rank at the Bar, and to other civil rights enjoyed by the Protestant minority—but in vain. The Legisla¬ ture turned a deaf ear to the demands of the vast masses of the Irish people. At length (1829) Eman¬ cipation was granted under circumstances which Sir George Cornewall Lewis has described. “ The Catholic Association [formed by O’Connell] had brought matters to a pass which rendered it necessary for Eng¬ land to choose between the concession of the Catholic claims and the reconquest of Ireland. ‘ Such is the extraordinary power of the association,’ wrote the Lord-Lieutenant in 1828,‘or rather of the agitators, of whom there are many of high ability, of ardent mind, of great daring—that I am quite certain they could lead on the people to open rebellion at a moment’s notice, and their organization is such that, in the hands of desperate and intelligent leaders, they would be extremely formidable.’ ‘ I have little doubt,’ said the Chief Secretary, ‘ that the peasantry of the South at present look forward to the period of O’Connell’s expulsion from the House of Commons [after being elected for Clare in July, 1828] as the time * See Parnell, “Penal Laws,” pp. 116 and 120, note; Hansard, 3rd Series, vol. xxxi. p. 1020. The Francliise Act passed by the Irish Parliament in 1793 admitted Catholics to the municipal corporatiou.s, bnt they were practically excluded until 1840. 20 THE HOME-RULEE’S MANUAL. of rising, but any occurrence in the interval which should appear to be adverse to the Roman Catholic body might precipitate the result.’ ” Sir George Cornewall Lewis adds: “ Catholic Emancipation was carried because the Catholic Association and the Clare election had convinced Sir Robert Peel and the Duke of Wellington that Ireland had become ungovernable, and that the choice lay between concession and civil war.” * “I have for years,” said Sir R. Peel in 1829, “attempted to maintain the exclusion of the Roman Catholics. I resign the struggle because it can no longer be advantageously maintained.” f “ Concession from Mr. Canning,” said Sir Robert Inglis in 1829, “would have been alms from the merciful—a debt from the just. Concession from the right honourable gentleman [Peel] is his purse surrendered to a foot¬ pad. This surrender to the Roman Catholics is a direct premium to intimidation.” J My readers will judge from these extracts whether the Irish people owed Emancipation to the justice or the fears of the English Parliament; whether it was a boon graciously given, or a surrender reluctantly made. Catholic Emancipation, passed in 1829, remained practically a dead letter until 1835. § Between 1835 and 1840—during the Irish administration of Thomas Drummond ||—it became a reality. But from 1840 * Cornewall Lewis, “ Administrations of Great Britain,” pp. 454, 455, 467. t “ Two Centuries of Irish History,” p. 311. X House of Commons, May 30, 1829. § Lecky, “ Leaders of Public Opinion in Ireland,” p. 260. 11 During the ministry of Lord Melbourne, Drummond (then filling DISFKANCHISEMENT OF FREEHOLDERS. 21 onward it has been but fitfully carried out. No Catholic could be Lord Chancellor in Ireland till 1867. To this day no Catholic can be Lord-Lieutenant. Disfranchisement of the Forty-Shilling Freeholders, 1829. Catholic Emancipation was accompanied by an act which deprived it of all grace—the disfranchisement of the forty-shilling freeholders. In 1793 the Irish Parliament conferred the Parliamentary franchise on all forty-shilling freeholders, Catholic and Protestant alike. This Act was allowed to remain in force as long as these freeholders voted at the bidding of the landlords. But in 1828 they as.serted their independ¬ ence by returning O’Connell for Clare, and were, in consequence, disfranchised. “ The forty-shilling freeholders,” said Lord Anglesey, “ were first created for electioneering purposes. As long as they allowed themselves to be driven to the hustings like sheep to the shambles without a will of their own, all was well; not a murmur was heard. But the moment these poor people found out the value of their tenure, the moment they exercised their power constitutionally, that instant they were swept out of political existence.” * “ National ” Education. Up to 1831 Protestant schools were supported by the State in Ireland. But not a shilling of the public the post of Under-Secretary at the Castle) was practically the ruler of Ireland. ♦ Spencer Walpole, “History of England,” vol. ii. p. 519. 09 THE HOME-RULEE’S MANUAL. money was given to any Catholic school. In 1831 a system of “ national ” education was established by the State for Protestants and Catholics, and maintained by Parliamentary grants. The Irish people—Catholics, Protestant Episcopalians, and Presbyterians—wanted denominational education. Parliament gave them mixed schools. According to the new system, four days in the week were to be devoted to moral and literary, and one or two days to separate religious instruction. A Board, composed partly of Catholics and partly of Protestants, was to have the entire management and control of the schools. The Catholics acquiesced in the new system as an improvement on former methods. But the Presby¬ terians and Protestant Episcopalians opposed it. The latter practically held aloof from the schools, while the former tried to convert them into sectarian establishments: and they succeeded. Gradually, the safeguards which Parliament had set up to keep the schools non-sectarian were removed, and many of the Ulster schools became practically Presbyterian.* The Presbyterians having commenced the conflict in the north, it was carried on by the Catholics and Protestant Episcopalians throughout the rest of the country, where the schools Anally became Catholic or Protestant Episcopalian. Thus the determination of the people defeated the * For details, see “Fifty Years of Concessions to Ireland,” vol. i. p. 214. The Presbyterians {inter alia) objected to the rule by which one day in the week was given to separate religious instruction. The rule, with many other.s, was abolished. THE “NATIONAL” SCHOOLS. 23 designs of Parliament, and denominational education was practically established in spite of the Legislature. These “ national ” schools have done much good. But it is to be regretted that the “ concession ” was marred by the unwillingness of Parliament to consult Irish opinion on the subject of Irish education, and by the efforts long sustained to make the schools anti-national. The original Board consisted of four Protestants and two Catholics, in a country where C’atholics were to Protestants as five to one. A Scotch l^resbyterian practically managed the system. The books, with one exception, were prepared by Eng¬ lishmen or Scotchmen. Irish history and national ])oetry were boycotted. Patriotic songs Avere sup¬ pressed. Even Scott’s “ Breathes there a man,” was replaced in one of the books by these lines— “ I thank the goodness and the grace That on my birth liave smiled. And made me in these Christian days A happy English child.” It has only been since 18G0 that the schools have been conducted on fair and rational lines. But the authorities are even yet afraid to teach national history in the “ National Schools ” of Ireland. A significant commentary on the government of the country.* * The character of the “National” Schools may be gathered from the following statistics, collected in 1870 :— Mixed Schools ender Catholic Teachers exclusively. Schools .. .. .. .. .. .. 2707 Catholic pupils, per cent. .. .. .. .. 377'4 I’rotestant pupils, per cent. .. .. .. 22'0 24: THE HOME-EULER’S MANUAL. Parliamentary Reforri, 1832-1884 The Irish Reform Act of 1832 was narrow and inadequate. The franchises proposed by ■ the Irish members were— 40s. freeholders. £5 leaseholders. £10 leaseholders. The franchises passed by ministers— £10 freeholders. £20 leaseholders. £10 leaseholders. O’Connell declared that the Act would be a failure; that it would leave the people practically unenfran¬ chised. He was right. In 1844 Sir W. Somerville, subsequently Chief Secretary for Ireland, said— “ The House well remembered that by the Reform Act a £10 franchise was conferred on Ireland, and the Mixed Schools undeu Protestant Teachers exclusively. Schools .1269 Catholic pupils, per cent. .. .. .. .. 84 5 Protestant pupils, per cent. .. .. .. 315'5 Mixed Schools under Catholic and Protestant Teachers CONJOINTLY. Schools .. .. . .. .. .. .. 102 Catholic pupils, per cent. .. .. .. .. 181 Protestant pupils, per cent. .. .. .. .. 219 Unmixed Schools attended exclusively by Protestants or Catholics. Schools .. .. .. .. .. .. 3300 Catholic pupils .. .. .. .. .. 422,900 Protestant pupils .. .. .. .. .. 60,165 —Bevan Statistical Atlas, p. 18. PARLIAMENTARY REFORM. 25 general opinion at the time of passing the measure was that under that franchise a very extensive con¬ stituency would be created in Ireland. This expecta¬ tion has entirely failed.” In the same year the Marquis of Normanby said— Your lordships are not aware of the extent of the inequality which prevails between the franchise in Ireland and England. If you take the population of Great Britain, including Wales, in round numbers at 18,000,000, and the population of Ireland in round numbers at 8,000,000, you will find the proportion of the population between the two countries as 2^ to 1 ; but the number of electors in England is 820,000, while the number of electors in Ireland is only 100,000; there is, therefore, a proportion of 8J electors to 1 be¬ tween the two countries, with a population of 2J to 1.” In 1850, when Mr. Bright declared that “ the repre¬ sentation of Ireland was virtually extinguished,” the proposal made by O’Connell in 1832 was accepted, and the £10 franchise was reduced to £5. By the Irish Reform Bill of 1868, the principle of “ equality ” between the franchise in both countries was still maintained, and while household suffrage was estab¬ lished in English boroughs, the right to vote in Irish boroughs was limited to £4 ratepayers. It was not until 1884 that the English and Irish franchises were assimilated and household suffrage established in both countries.* Prior to the disfranchisement of the forty-shilling freeholders the county constituency of Ireland con- * Vote by ballot was given to Ireland in 1872. 26 THE HOME-KULEK’S MANUAL. sisted of 200,000 voters. Since that time the numbers Iiave been— Registered coutfty electors. 1832 .. 1847 .. 1848 .. 1850 .. 1866 -1868 * 1881 .. 1888 .. about 52,000 .. 61,000 .. 34,000 .. 27,000 .. 174,000 .. 165,997 .. 654,095t Tithe Beform, 1838. The Tithe Commutation Act (1838) was only passed after a fierce “ war,” in which peasants were mercilessly shot and bayoneted. And what did the tithe system mean ? It meant that 6,000,000 Catholics should, in opposition to their religious convictions, support the Church of 800,000 Protestant Episcopalians. Even the reform of 1838 was but half-hearted and incomplete. The Whigs, who came into office in 1835 by the help of the Irish members, were pledged to convert tithes into a rent-charge at £68 per cent, of the tithe, and to appropriate the surplus revenues of the then Established Church .to purposes of general edu¬ cation in Ireland. But they were unable to keep their pledge, owing to the opposition of the House of Lords, where Bill after Bill (passed in the Commons) was thrown out. Finally, in 1838, a measure was carried converting tithe into a rent-charge at £75 per cent, of the tithe, and containing no clause for appropriating * Irish Eeform Act passed. t The total Irish electorate is now about 763,145 (Statesman’s Year Book, 1889). MUNICIPAL EEFORM. 27 the surplus revenues of the Church to educational purposes. Poor Law, 1838. There was no Poor Law in Ireland until 1838, though there had been a Poor Law in England since the time of Queen Elizabeth. The Legislature, in passing the Irish Poor Law, ignored Irish public opinion (though a Commission of Irishmen had been appointed to inquire on the sub¬ ject), and acted on the report of a Scotch gentleman, Mr. Nicholls, who was a stranger to the country. When e.stablished, the S 3 'stem was worked by men who were not in touch with Irish popular opinion. Municipal Reform, 1840. Sir Eiiskine May has described the Irish Municipal Keform Act as “ virtually a scheme of municipal dis¬ franchisement.” The facts justify the description. Prior to 1840, there were sixt}'-eight municipal cor¬ porations in Ireland. By the Act of 1840 fifty-eight of these were disfranchised, and a restricted franchise was given to the remaining ten. By the English Municipal Reform Act all the English municipalities were preserved, and all were given an enlarged franchise. The Disestablishment of the State Church in Ireland, 1869. This was the only complete measure of justice passed for Ireland since Catholic Emancipation. But it took sixty-nine years of “Union,” forty years of agitation. •28 THE HOME-RULER’S MANUAL. and, at tlie end of all, a formidable insurrectionary conspiracy, to bring it about. Says Lord Dufferin-— “ I entirely agree with the noble earl (Granville), and with the late Lord-Lieutenant of Ireland, that the attention of this country and the conscience of Eng¬ land with respect to this question [the disestablish¬ ment of the Church] were much stimulated, if not altogether awakened, by the fact of Fenianism.” * Land Legislation, 1849-1887. The Land question, perhaps, affords the fairest test of the capacity of the Imperial Parliament to legislate for Ireland. There has been a land war in Ireland since the Union, f The Imperial Parliament has been power¬ less to end it. Over and over again it was proved before Royal Commissions and Pai'liamentary Com¬ mittees that the system of land tenure was a source of evil, and even danger; but Parliament did nothing to remove the evil, to avert the danger. What was the system of land tenure ? The land¬ lord let “ land.” The tenant improved it—built, drained, fenced, made the land a “ farm.” J The land- * Lord Dufferin, “ Addresses and Speeches,” p. 83. ■f Sir G. Cornewall Lewis, “ Irish Disturbances.” t Lord Dououghmore said that the difference between the practice of landlordism in England and Ireland was, “ In England the landlord let farms, in Ireland he let land.” The late Lord Derby pointed out tlie difference between English and Irish tenants in 1845: “ The relative circumstances of landlord and tenant are not the same in Ireland as in England. Every tenant- farmer on talring a farm in England, and, I believe, in Scotlaml, looks, as a matter of course, to the landlord to place the farm, before he LAND LEGISLATION. 29 lord raised the rent to the enhanced value. The tenant, who had exhausted his resources in bringing the land under cultivation, was unable to pay. The landlord evicted him, and appropriated his improve¬ ments without allowing him one shilling’s compensa¬ tion for them. In 1845 the Devon Commission—a Commission of landlords—condemned this system and recommended legislation, in order to secure to the evicted tenant compensation for his improvements. But Parliament did nothing to carry out these recom¬ mendations until 1870, when Mr. Gladstone’s first Land Bill became law. enters, in tenantable repair—that is, in regard to the fences, the drains, the dwelling-houses and buildings, and, in short, in regard to all those things which, in England, are considered as the necessary accompaniments of a farm. But in Ireland the case is not only dis¬ similar, but exactly the reverse.” On the second reading of the Land Bill of 1881, Mr. Bright said, “ Hon. members assume that we are giving a great deal to the tenant, and that we are taking all this without any compensation from the landlord. ... If you complain that the Bill gives too much to the tenants, and takes all that it does give from the landlords, I should make this answer :—If, at this moment, all that the tenants have done were gone, and all that the landlords have done were left, that is the sort of map I should very much like to see, for its publication would finish this discussion in five minutes. Well, if that'were to take place, if all that the tenants have done were swept off the soil, and all that the landlords have done were left upon it, the land would bo as bare of house and barn, fences and cultivation, as it was in pre-historic times. It would be as bare as an American prairie where the Indian now roams, and where the white man has never trod. ... I believe, and I think I am within the mark, that nine-tenths, excluding the towns, of course, of all that is to be seen on the farm land in Ireland— the houses, barns, fences, and whatever you call cultivation, or freeing land from the wilderness—have been placed there by the labour of the tenantry of Ireland, and not at the expense of the landlord.” See also an able article on the position of the Irish tenant, by Mr. Clancy, M.P., in the Contemporary Review, July, 1889. 30 THE HOME-RULER’S MANUAL. No doubt the Encumbered Estates Act was passed in 1848-1849, and “Deasy’s Act” was passed in 1860. But what was the effect of these Acts ? Sir Charles Bussell shall answer. The Encumbered Estates Act. “ It is hardly conceivable that a Legislature in Avhich Ireland was represented—imperfectly, it is true—that a Legislature purporting to deal with Ireland should have so misconceived the position as to have passed that Act. For what did it do ? It sold the estates of the bankrupt landlords to men with capital, who were mainly jobbers in land, with the accumulated improvements and interests of the tenants, and without the slightest protection against the forfeiture and confiscation of these improvements and interests, at the hands of the proprietor newly acquiring the estate. It was intended, I doubt not, to effect good. It proved a cause of the gravest evil, for it is literally true to say that amongst the worst cases of landlord-oppression in Ireland have been the cases of men who, with their fresh capital, came in and bought these estates, looking to the percentage of return which they could get for their money—jobbers in land, who were not restrained by any feelings— and such feelings did, to a certain extent, exist—of kindness, because of ancient connection between an ancient peasantry and an ancient proprietary house. And I have seen, as my learned friends have all seen, rental after rental of property sold in the Encumbered Estates Court, in which, as an inducement to the DEASY’S ACT.’ 31 intending buyer, were held forth the alleged low rentals at which the property was then let, and the possibility held out to the expected purchaser that he might, by another turn of the screw, raise the rent and increase his percentage return for the land he was buying. My lords, it is a sad, pitiable, remarkable proof of the utter ignorance which prevailed—I say it broadly and boldly—even among men well intentioned, as to what the needs of the Irish question in this regard demanded.” * “ Deaf^y’s Act,” 1860. “ This was an Act passed to help the landlords, and not one passed for the protection of the tenants. It turned the relation between landlord and tenant from relation by tenure into relation by contract; f it gave certain facilities in the matter of proceedings in eject¬ ment ; it recognized and formulated what had been an existing law in Ireland—going back for a long period—a state of law unknown in this country. I mean the right of ejectment, pure and simple, for non-payment of rent. There is no such thing known to our law. Our law is, that you can recover as for condition broken, if you have a clause of re¬ entry in your contract; but upon a letting pure and simple of land without that clause (which is the state * Speech before Special Commission. t And this when there was no freedom of contract between land¬ lord and tenant in Ireland I “ In Ireland,” said Lord Normanby, “ the landlord has the monopoly of the means of existence, and has a power of enforcing his bargains which does not exist anywhere—the power of starvation.” This was said in the House of Lords in 1844, sixteen years before Deasy’s Act was passed. THE HOME-EULER’S MANUAL. of things in Ireland), you could not maintain the action of ejectment merely for non-payment of rent.” Sir Charles Russell then quotes the opinion of the Besshorough Commission (1881) on this Act:— “ This enactment has produced little or no effect. It may be said to have given utterance to the wishes of the Legislature, that the traditional rights of tenants should cease to exist, rather than to have seriously affected the conditions of their existence.” The Devon Commission had recommended legisla¬ tion for the protection of the tenants. Parliament had legislated in the interests of the landlords, and of the landlords alone. Well might Mr. Bright have asked, in reviewing the action of Parliament with respect to this very subject of Irish land, “ The ques¬ tion is. Can you expect the cats to legislate well and judiciously for the mice ? ” The following list will show that the “ cats ” took care of themselves only:— Land Bills and Land Acts prior to 1870. 1829. Brownlow Bill for the reclamation of waste lands .. Lost. 1830. Grattan Bill „ „ „ .. „ 1835. Sharman Crawford Bill for giving compensation for improvements .. .. .. .. .. .. „ 1836. Sharman Crawford Bill .. .. .. .. .. „ 1845. Lord Stanley Bill for compensation for improvements.. „ 1845. Sharman Crawford Bill .. .. .. .. .. „ 1846. Sharman Crawford Bill .. .. .. .. .. „ 1846. Lord Lincoln (Irish Secretary) Bill for compensation for improvements .. .. .. .. .. „ 1847. Sharman Crawford Bill .. .. .. . . .. „ 1848. Sir W. Somerville (Irish Secretary) Bill for compensa¬ tion for improvements . . .. .. .. .. „ THE LAND ACT OF 1870. 33 1848. Slianuan Crawford Bill .. .. .. .. .. Lost. 1849. Encumbered Estates Act (for the relief of the landlords) Passed 18r)0. Sir W. Somerville Bill .. .. .. .. . • Lost. 1850. Sharman Crawford Bill .. .. .. .. .. „ 1851. Sharman Crawford Bill .. .. .. .. .. „ 1852. Sharman Crawford Bill .. .. .. .. .. „ 1853. Napier (Irish Solicitor-General) Bill for compensation for improvements .. .. .. .. •. „ 1853. Serjeant Shee Bill for compensation for improvements „ 1855. Serjeant Shee Bill .. .. .. .. • • •. 1S5G. G. H. Moore Bill for compensation for improvements.. „ 18.57. G. 11. Moore Bill.. 1858. J. F. Maguire Bill for compensation for improvements „ 18(50. Deasy Land Act in the interest of landlords .. .. Passed, 18(50. Fortescue Bill to amend Act of 1800 in the interest of the tenants .. .. .. .. .. .. Lost. 1807. Fortescue Bill . » The Land Act of 1870. Finally, in 1870, Mr. Gladstone’s Land Act became law. It provided that tenants, when evicted, should receive compensation for improvements, and in certain eases for disturbance. It also contained clauses for the creation of a peasant proprietary, and “ recognized and legalized ” the Ulster custom of tenant-right. But the Act was a failure. The peasant-proprietary clauses did not work ; rack-renting continued, evictions increased, and the general discontent remained the same as ever.* * Mr. Edward William O’Brien, a landlord, said that “ security under the Act for the tenant’s improvements totally broke down, and that the Act provided no guarantee, direct or indirect, that the rent should not bo screwed up until the tenant was reduced to tljo verge of ruin, and the value of his improvements became the property of the landlord.”—Mr. O’Brien, as quoted by Mr. Butt (Hansard, 3rd Series, vol. 230, p. 711). Mr. Chamberlain : “ The Land Act of 1870 has been a failure iu most districts .”—Annncil Brgister, 1881, p. 102. D 34 THE HOME-EULET’S MANUAL. In these circumstances the Irish members introduced several Bills, between 1876 and 1881, to amend the law and to afibrd the tenant the protection which the Act of 1870 had failed to give. These Bills were all rejected by overwhelming majorities. The Land Act of 1881. At length, in 1881, a new Land Act was passed under the pressure of famine and revolution.* “ The pivot of this measure,” to use the language of Mr. Forster,! was “the Land Court,” established to stand between landlords and tenants, to fix “ fair ” or judicial rents. Previously, the landlord was master of the situation. The competition for land placed the tenant at his mercy, and he accordingly fixed the rent at his own pleasure. But henceforth rent was to be * The state of distress may be gathered from the following facts and figures:— Potato Crop. Value. 1876 .. Tons. 4,154,784 £12,464,382 1877 .. 1,7.57,274 5,271,822 1878 .. 2,526,504 7,579,512 1879 .. 1,113,676 3,341,028 General Crop. ' Value. 1870 .. ... .. .. £36,000,000 1877 28,000,000 1878 .32,000,000 1879 22,000,000 —Sir C. Bussell’s Speech before the Special Commission, Macmillan & Co. Popular edition, Is. t Annual Register, 1881, p. 93, THE LAND ACT OF 1881. 35 fixed by legal tribunals; and while the tenant paid the rent so fixed, he could not be disturbed in his holding for a period of fifteen yeai’s.* Eoughly speak¬ ing, the Act changed Irish tenancies from tenancies at will to leaseholds, renewable every fifteen years, subject to revision of rent by the Land Courts. It also recognized the tenant’s right to sell his holding, and provided facilities for the creation of a peasant propi’ietary. The working of this measure fully justified the position taken up by the tenants prior to its enact¬ ment. They had demanded a reduction of rent. The landlords refused to grant it, contending that the rents were not excessive. Tlien the Act came into operation, and rents were at once reduced nearly twenty per cent. Nevertheless the measure did not settle the Land Question ; in fact, it only irritated the landlords with¬ out satisfying the tenants. The one complained of the reductions in rent as “ confiscation,” the other as inadequate. The tenants also objected — (1) That leaseholders were not admitted to the benefits of the Act. (2) That the question of arrears was not adequately dealt with.t (3) That the Land Purchase clauses were useless. Under the pressure of these objections, the Govern- * There were certain statutory conditions to be observed by tlio tenant; for instance, he could not commit iJersistent waste, could not .sublet without the landlord’s consent, etc., etc. t The Act contained a clause dealing with arrears, but it did not work. 30 THE HOME-EULER’F! MANUAL. ment consented to legislate on the question of arrears, but refused to admit the leaseholders to the benefit of the Act, or to amend the Land Purchase clauses.* The Arrears Act, 1882. By this Act the tenants’ arrears were to be cancelled on these conditions :— 1. That the tenant should pay the rent due in 1881. 2. That of the antecedent arrears he should pay one year’s rent; the State another. 3. That the tenant should satisfy a legal tribunal f of his inability to pay the whole of the arrears. The Act applied only to tenancies under £30 a 5 mar, and the payments made by the State Avere taken from the Surplus Fund of the Disestablished Church. About two millions of arrears were wiped out under this Act. $ The Land Purchase {Lord Ashhourne’s) Act, 1885. Mr. Gladstone having taken up the question of arrears in 1882, Lord Salisbury took up the Land * Mr. Parnell took no responsibility on himself for the Land Act of 1881. He described the Bill as “ a miserable dole ” (^Annual Begister, p. 99). Twenty-four Horae Piulers voted for the second reading; 8 against; 35, with Mr. Parnell at their head, abstained (Ibid.). In committee the Home Eulers took an active part in resisting prejudicial amendments. The bulk of the Irish members voted for the third reading, but Mr. Parnell, with about half a dozen followers, abstained {Ibid., p. 110). t Land Court or County Court. X Mr. Parnell’s evidence before the Special Commission, q. 58,843. THE LAND PUKCHASE ACT OF 1885. 37 Purchase question in 1885, when Lord Ashbourne’s Act was passed. By this measure the State was empowered to advance a part or the whole of the purchase-money to tenants who had agreed with their landlords to purchase their holdings; forty-nine years were allowed for repayment of the jiurchase money, at the rate of four per cent, per annum. £5,000,000, also taken from the Surplus Fund of the Disestablished Church, Avere at once set aside for the purposes of the Act. The whole of this sum has, I believe, now been applied. But the Land Purchase Act of 1885 no more settled the Land Question than the Land Law Act of 1881. In the latter year the Irish members demanded that leaseholders should be admitted to the benefit of the Land Act. In 1883 Mr. Parnell declared that the rents “ now being fixed are rack-rents, and cannot be paid ” owing to the fall in prices.* But the Legislature heeded neither the demands of 1881 nor the Avarning of 1883. In 1886 Lord Salis¬ bury said, “I am not at all sure that the judicial rents were not fixed Avith a perfect cognizance of the fall in prices. The fall has been going on for many years, and it is highly improbable that the courts, in assigning judicial rents, have not taken that into consideration.” Again: “We do not con¬ template any revision of judicial rents. We do not think it Avould be honest, in the first place, and we think it Avould be exceedingly inexpedient.” * Annual Recjhter, 1884, jip. 7, 8. 38 THE IIOME-EULEE’.S MANUAL. Twelve niontlis after this speech, Lord Salisbury- passed a measure authorizing “the revision of judicial rents.” TIlg Land Act of 1887. This measure admitted leaseholders to the benefits of the Act of 1881, and authorized the revision of the judicial rents fixed during the years 1881, 1882, 1883, 188d, and 1885, “in accordance with the difference in prices between those years and the years 1887, 1888, and 1889.” “ In other words,” says a recent Unionist publication, “it was alleged, and alleged with truth, that some ‘ fair rents ’ fixed between 1881-85 had since become too high in consequence of the continued fall in prices.” Just so. The thing which, in 1883, Mr. Parnell said ought to have been done, but which, in 1886, Lord Salisbury said it would not be “honest” to do, was done in 1887, and done by Lord Salisbury, Such, in the main, have been the “ concessions ” to Ireland during the past sixty years. Irish agitation from 1829 to 1881 tells its own tale. But to whom are the Irish people indebted for the “ concessions ” passed between 1881 and 1889 ? Let the Spectator answer. Writing on June 8, 1889, the lead¬ ing Unionist organ said, “Mr. Balfour [speech at Portsmouth], though he dwelt with a good deal of pride on the measures of relief which he had brought in for Ireland, did not dwell, as he might have dwelt, upon the pressure which had been put on the Adminis¬ trations both of Mr. Gladstone and Lord Salisbury, THE LAND ACT OF 1887. 39 by the mere existence of the Land and the National Leagues, to propose remedial measures which, but for that pressure, no one believes that they would have had the power to force through.” It is notorious that Lord Salisbury denounced the Land Bill of 1S81, but he did not oppose it for the same reason that Sir Robert Peel did not oppose Catholic Emancipation in 1829. “In view of the prevailing agitation, and having regard to the state of anarchy [in Ii’elandJ, I cannot recommend my fol¬ lowers to vote against the second reading of the Bill.” * So said Lord Salisbury in 1881. The Tory party opposed the Arrears Bill. Mr. Sclater Booth, representing the Opposition in the Commons, described the measure as “demoralizing, and destined to teach the Irish people a lesson full of evil for the future.” He divided the House on the second reading,t with the result: for, 2G9; against, loT.t In the Lords, Lord Salisbury denounced the Bill. “ I believe it to be a pernicious Bill; an act of simple robbery, which will bear the gravest fruits in the legislature of the future. If I had the power, I would have thrown out the Bill. I find myself, however, in a small minority, and therefore I shall not divide the House.” § In 1884 Lord Salisbury protested against the exten¬ sion of the franchise to Ireland, and Mr, W. H. Smith said the measure would entail “ confiscation of pro- * Annual Eegister, 1881, p. 111. t Tins was practically the effect of his amendment. X Annual liegMer, 1882, pp. 81, 82. § Ihul., 1882, p. 124. 40 THE IIOME-RULEE’S MANUAL. perfcy, vuiu of industry, withdrawal of capital, misery, wretchedness, and war.” But the best commentary on British remedial legis¬ lation for Ireland during the past sixty years will he found in the Times of March 28, 1889. The leading journal quoted these words, used hy Mr. Bright in the House of Commons in 1848 : “You have toiled at this Irish difficulty session after session, and some of you have grown almost from boyhood to grey-headed old men since it first met you in your legislative career; and yet there is not in ancient or modern history a picture so humiliating as that which Ireland presents to the world at this moment.” The Times added: “ This was Mr. Bright’s language just after the potato famine; and it is, unhappiljq language which is not wholly inapplicable in 1889.” The fact remains undisputed and indisputable, that the efforts of the Imperial Parliament to conciliate the Irish people have signally failed. No one has made this point more clear than the dis¬ tinguished “Unionist” writer, Mr. Dicey. He says— “ Eighty-six years have elapsed since the conclusion of the Treaty of Union between England and Ireland. The two countries do not yet form an united nation. The Irish people are, if not more wretched (for the whole European world has made progress, and Ireland with it), yet more conscious of wretchedness, and Irish disaffection to England is, if not deeper, more wide¬ spread than in 1800. An Act meant by its authors to be a source of the prosperity and concord which, though slowly, followed upon the Union of Scotland, COEUCION ACTS. 41 has not made Ireland rich, has not put an end to Irish lawlessness, has not terminated the feud between Protestants and Catholics, has not raised the position of Irish tenants, has not taken away the causes of Irish discontent, and has, therefore, not removed Irish disloyalty. This is the indictment which can fairly be brought against the Act of Union.” * O O This statement of Mr. Dicey may be supplemented by a list of the principal Coercion Acts passed during the last eighty-nine years. They, too, bear witness to the failure of Imperial legislation. They prove that Ireland has not been conciliated, has not been made a willing partner in the “ Union ” of 1800. Cuci'cion Acts since the “ Union.” ISOO, 1801. Insurrection Act, Habeas Corpus Suspension Act, and martial law. 1803-1804. Insurrection Act, Habeas Corpus Suspension Act. 1807-1810. Insurrection Act, martial law. 1814-1817. Imsurrection Act, martial law. 1822-1824. Insurrection Act. 182G-182!). Act for the Suppression of Catholic Association. 1831, 1832. Stanley’s Arms Act. 1833, 1834. Grey’s Coercion Act. 1834, 1835. Grey’s Coercion (Continuance) Act. (April) 1835-1841. A “ Public Peace Act ” and other measures of exceptional legi.slation were enacted, * Uicc}‘, “England’s Case against Home Eulc,” p. 128. 42 THE HOME-EULEE’S MANUAL. but no coercion was enforced. Thomas Drummond governed. (Aug.) 1843-1845. Arms Act. (Dec.) 1847. Crime and Outrage Act. 1848, 1849. Habeas Corpus Suspension Act, Crime and Outrage Act, Removal of Aliens Act. 1850-1855. Crime and Outrage (Continuance) Act. 1856, 1857. Peace Preservation Act. 1858-1864. Peace Preservation (Continuance) Act. 1865. Peace Preservation (Continuance) Act. 1866-(part) 1869. Habeas Corpus Suspension Act. 1870, 1871. Peace Preservation Act. 1873-1880. Peace Preservation Act, or Protection of Life and Property Act. 1881, 1882. Mr. Foster’s Coercion Act. 1883-1886. The Crimes Act. 1887-1889. Mr. Balfour’s Coercion Act. Well might Mr. Chamberlain have said, in 1885— “ I do not believe that the great majority of English¬ men have the slightest conception of the system under which this free nation attempts to rule a sister country. It is a system which is founded on the bayonets of thirty thousand soldiers encamped perma¬ nently as in a hostile country. It is a system as completely centralized and bureaucratic as that with which Russia governs Poland, or as that which was common in Venice under Austrian rule.” * These sentences sum up the case against the Imperial Parliament. As the government of Russia is in Poland, as the government of Austria was in Venice, so * Speech at Islington, June, 1885. THE CASE AGAINST HOME EULE. 43 we learn, upon the authority of a leading “ Unionist ” statesman, has the g'overnment of the Imperial Par¬ liament been in Ireland. Assuredly the force of condemnation can no further go. But it is said there arc grave objections, strong arguments against Home Rule. Objections. 1. It would lead to separation ; 2. To religious persecution. Arguments. 1. It is but an ejdiemeral cry, not founded in national sentiment; because Ireland is not a nation, and never was, and never can be. 2. Ulster is against Home Rule; Ulster has always been loyal, peaceable, Protestant, and English; Ulster must not be deserted. 3. The Irish only want the removal of material grievances; these removed, the cry for Home Rule will die away. 4. The respectable classes of the community are against Home Rule. 5. Ireland has been prosperous since the Union. I shall deal with these objections and arguments in detail. PART II. OBJECTIONS TO HOME RULE. I. HOME KULE WILL LEAD TO SEPARATION. We can only forecast the future, if at all, by our knowledge of the past. In the past, Irish national sentiment has not tended to separation. Take the principal political movements since the Revolution. The Volunteers, 1779-1782, The volunteers demanded a free Parliament. In lieu of it they were prepared to fight. With it they were prepared to be loyal, and were loyal. The United Irishmen, 1791-1798. The United Irishmen at first demanded constitu¬ tional reforms, chiefly the reform of Parliament and Catholic Emancipation. These demands were refused, and they became Separatists. It is probable that Wolfe Tone (one of the founders of the society) was, almost from the start, a Separatist. He certainly showed a strong feeling of hostility to England from HOME RTH.E AND SEPARATION. 45 an early date. But we know from himself that he was in a minority in the councils of his colleagues until 1794-1795. Then, when constitutional redress seemed hopeless, he gained the ascendency, and the movement became avowedly rebellious. In 1795 also, when Catholic Emancipation had been refused, the Catholics joined the organization. Of course, there was from the beginning a spirit of repub¬ licanism in Ulster. But that spirit was unknown in the south. The whole country rallied to the move¬ ment of the volunteers ; but only a despairing multi¬ tude joined the United Irishmen. Robert Emmett, ISOo. Emmett’s " rising ” in Dublin was a flicker of the ’98 movement. He had scarcely any followers. O’Connell, 1800-1847. It is unnecessary to say that O’Connell was not a Separatist. He lived and died a Repealer. Millions followed him during the agitation for Repeal in 1842-184G, not because he preached separation, hut because he promised legislative independence. Youvg Ireland, 1842-1848. The Young Irelanders joined O’Connell in the demand for Repeal. When Repeal seemed hopeless, they became Separatists. They were x’ebels, not from conviction, but in despair. Tlie Fenians, 1858-18G7. The Fenians alone were Separatists from the start. They never had faith in the British Parliament. 46 THE IIOME-RULER’S MANUAL, They believed that legislative independence could only be obtained by fighting, and they said, in effect, “ If we fight at all, we shall fight for complete separation.” The Young Irelanders may fairly be described as the political descendants of the volunteers. The Fenians were the political descendants of Wolfe Tone. O’Connell stood alone. He was “ the son of Marengo.” Averse to separation, the champion of legislative independence, he, above all men, embodied the sentiments of the nation. He was, as has well been said, “ the incarnation of the whole people.” But what says Mr. Parnell on the subject of Home Rule and Separation ? This Mr. Parnell on Home Rule and Separation. “ Have you not still all the power of the empire, supposing Irishmen were so mad as to abuse, to wilfully throw away and spurn the important advan¬ tages that you would confer upon them—have you not still the power to protect yourselves in your imperial might, just as you have it now ? In what way do we make you weaker ? In what way are we stronger to injure you ? What soldiers should we have, what armed police should we have, what single means should we have behind the Constitution that we have not now, to work you injury? We should have none. But your strength would be greater to resist injustice for weak and little Ireland against great and powerful Britain if we tried it. HOME RULE AND RELIGIOUS RERSECUTION. 47 Your strength would be greater, because you would have the moral power to put doAvn rebellion before the world that you have not now got in Ireland.” * The “ strength ” of Glreat Britain consists in 30,000,000 of people, with the military and naval resources of a great empire at their back ; the strength of Ireland in 5,000,000, with no naval or military resources at all. “ Eleven men well armed,” says Swift, “ will certainly subdue one single man in his shirt.” 11 . HOME RULE AND RELIGIOUS PERSECUTION. No one has described the religious character of the Irish people so well as Mr. Lccky. He says— The Irish not Intolerant. “ The Irish have not generally been an intolerant or persecuting people. The early history of the intro¬ duction of Christianity into Ireland, though not, as has been said, absolutely bloodless, was at least un¬ usually pacific, and it was an old reproach against Irishmen that their country, which had produced innumerable saints, had produced no martyr. During the atrocious persecutions of Mary, the English Pro¬ testants were perfectly unmolested in Ireland. The massacre of Protestants in 1G41-42 was .so little due to religious causes, that the only Englishman of * Jlr. Parnell in Edinburgli, .July 21, 18S9. 48 THE nOBIE-RULER’S IMANUAL. eminence who was treated by the rebels with rever¬ ence and care was Bishop Bedell, who was one of the most energetic Protestants of his age, and the first Irish bishop who attempted to proselytize among the Catholics. The Irish people have always been more superstitious than the English, and perhaps than the Scotch, but their superstitions have usually taken a milder form. Many hundreds of unhappy women have perished on the charge of witchcraft both in England and Scotland since the Reforma- tion, but I am not aware of the witch mania having ever raged in Ireland to a degree at all comparable to that in England under James I. and the Puritans, and in Scotland during a great part of the seventeenth century. Whatever animosity the penal laws pro¬ duced had in a great measure subsided towards the end of the eighteenth century, and it would be diffi¬ cult to find in any country more moderate or liberal members of their respective faiths than Kirwan, the greatest preacher among the Irish Protestants, and O’Leary, the greatest writer among the Irish Catho¬ lics.” * No Religious Feeling in Politics. To show how little religious feeling enters into Irish politics, the words of Lord Redesdale (Lord Chancellor of Ireland, 1802-180G) may be quoted. He said, “ ‘ If a revolution were to happ.en in Ireland, it would in the end be an Irish revolution, and no Catholic of English blood would fare better than a * “Leaders of Public Opinion.” THE IIHSH POrULAR HEROES. 49 Protestant of Eno-lisli blood.’ So said Lord Castle- O haven, an Irish Catholic of English blood, one hun¬ dred and seventy years ago, and so said a Roman Catholic of Irish blood to me confidentially twenty years ago.” * Again: “ The question is not simply Protestant and Catholic, but English and Irish.” f These words were written in 1824. Nearly a century and a half before (1685), Lord Clarendon, then Lord- Lieutenant of Ireland, wrote to Rochester: “ The contest here is not about religion, but between English and Irish, and that is the truth.” J In 1829 O’Connell addressed a meeting of Irish Catholics in Clarendon Street Catholic Church, Dublin. He said, “ We want political excitement in order that we may insist upon our rights as Irishmen, biit not as Catholics.” This sentence of O’Connell strikes tlie keynote of Irish agitation. Irishmen have always struggled for their rights as Irishmen, not as Catholics, The fact is notorious that the Irish people have no hostility to Protestants as such. Almost all the popular heroes have been Protestants—Molyneux, Swift, Flood, Grattan, Charlemont, Curran, Wolfe Tone, Hamilton Rowan, Lord Edward FitzGerald, Robert Emmett, Thomas Davis, John Mitchel, Smith O’Brien, Isaac Butt, Mr, Parnell. The volunteers were Protestants; so were the founders of the United Irishmen. The Young Ireland movement was Protestant in spirit, and so was the Fenian move- * Martineau, “ History of the Peace,” i. p. 385. t Lord Redesdale to Lord Eldou (Twiss, “ Life of Eldou,” ii. p. 530}. f Liugaid, “ History of England,” x. p. 235. K 50 THE HOME-EULER’S MANUAL. luent.* The Catholic Church in Ireland was opposed to both movements. The Fenians were denounced by it, and the Young Irelanders scarcely possessed its confidence. To show horv little religious sympathy has affected political movements, it may be stated that the greatest rebels have been Protestants, the most loyal agitators Catholics. Thus— Irish Rebels — Protestants. Wolfe Tone, Parson Jackson (who was, I believe, the first man indicted for high treason in Ireland since the Revolution), Thomas Russell, Hamilton Rowan, Samuel Neilson, Henry Joy McCracken, Lord Edward FitzGerald, Robert Emmett, Thomas Addis Emmett, Arthur O’Connor, John and Henry Sheares, Thomas Davis,f John Mitchel, Smith O’Brien, T. C. Luby. Irish Loyal Agitators — Catholics. Curry, Wyse, O’Connor, John Keogh, Daniel O’Connell. To this day, when Englishmen Avant to point to a model Irish agitator, they must name a Catholic— Daniel O’Connell. They cannot name Grattan, for Grattan was a volunteer, and the volunteers were pos¬ sible rebels. $ Mi'. Lecky says that, if ever there were a time when Ireland could have been wrested from the grasp of England, it was in the time of the volunteers— a time of complete Protestant Ascendency, Loi'tl Dufferin said of the Fenians in 1869, “ The designs of the Fenians are directed as much against the moral suijremacy of the Catholic priesthood, as against the material emoluments of the Estab¬ lished Church.”—“ Speeches and Addresses,” jj. 62. f A possible rebel, whose poems have made actual rebels. t To what extent the volunteers were rebels, see antej p, 15. KEBEL BELFAST. 51 Rebel Belfast. Next to Dublin, when Dublin was under Protestant influence, the only town in Ireland that can fairly be said to have a rebellious record is Belfast.^ The United Irishmen organization Avas founded in Belfast. Belfast was, in fact, a hotbed of treason a hundred years ago. Says Mr. Froude; “ The most dangerous and the best organized of the United Irishmen were O the Ulster republicans.” Again : " Belfast was going- fast and far.” Lord Camden “ chiefly dreaded Ulster.”! We read in a State paper (1793), “At Belfast, bodies of men in arms are drilled and exercised for several hours almost every night by candle-light; and attempts have been made to secure the soldiery.” J Says Mr. Lecky: “ [The adherents of the French Revolution] in Ireland were at first chiefly Protestants. What little Republicanism existed in Ireland was mainly among the Presbyterians of Ulster. Wexford Avas the only county Avhere the rebellion Avas distinctly Roman Catholic, and even there Bagenal Harvey, its leader, Avas a Protestant.” Again, he says; “ The mass of the Catholics Avere, no doubt, considerably and most naturally discontented, but their leaning Avas strongly toAvards authority, and the contagion of the disloyal spirit that was agitating the Presbyterians of the north did not seriously aflect them till the recall of Lord FitzWilliam. On this point we ha\"e the evidence * Cork is uow ciillccl “ Rebel Cork;” with what justice or injustice I am uuable to say. t “English ill irelaiid.” Record Office. 52 THE HOME-EULEE’S MANUAL. of the most competent of witnesses, the three leaders of the United Irishmen. . . . ‘ Whatever progress this United system had made among the Presbyterians of the north,’ they say, ‘ it had, as we apprehend, made but little way amongst the Catholics until the recall of Lord FitzWilliam.’ ” * Piihlic Men since the Union. Amongst the prominent public men in Ireland since the Union have been Henry Grattan, Sir Henry Parnell, Daniel O’Connell,, Shell, Sharman Crawford, Gavan Duffy, Thomas Davis, John Mitch el, John Martin, Smith O’Brien, G. H, Moore, J. F. Maguire, A. M. Sullivan, Sir John Gray, James Stephens, Thomas Clarke Luby, John O’Leary, Isaac Butt, Mr. Parnell— nineteen. Of these eleven have been Protestants— Grattan, Sir H. Parnell, Sharman Crawford, Thomas Davis, John Mitchel, John Martin, Smith O’Brien, Luby, Sir John Gray, Isaac Butt, Mr. Parnell; eight have been rebels—Gavan Duffy, Thomas Davis, John Mitchel, John Martin, Smith O’Brien, James Stephens, Luby, O’Leary; and of the eight rebels, five have been Protestants—Davis, Mitchel, Martin, O’Brien, and Luby. But two events of Irish history are fastened upon to prove the “ religious bigotry ” of the Irish people-^ the Rebellion of 1641, and the legislation of 1689. Mr. Lecky has dealt with these subjects, and I shall briefly summarize what he says; my object being, not to justify the conduct of the “rebels” of 1641, or the legislators * “ Leaders of Public Opinion.” ELIZABETHAN WARS. 53 of 1689, but to show that their acts (good or bad) were uninfluenced by religious feeling. It is rio-ht, at the outset, to deal with the events which preceded the Rebellion and the Parliament, viz. the wars of Elizabeth preceding the one, the war of Cromwell preceding the other. I shall take the four events in order. (1) The Elizabethan war; (2) the Rebellion; (3) the Cromwellian war; (4) the Par¬ liament. Elizabethan Wars. This story is told by Mr. Lecky as, perhaps, no one but he could tell it. “It was not until the reign of Henry VIII. that the royal authority became in any degree a reality over the whole island, but its complete ascendency dates only from the great wars of Elizabeth, which broke the force of the semi-independent chieftains, crushed the native population to the dust, and established the complete ascendency of English law. The suppression of the native I’ace, in the wars against Shane O’Neil, Desmond, and Tyrone, was carried on with a ferocity which surpassed that of Alva in the Netherlands, and was hardly exceeded by any page in the blood¬ stained annals of the Turks. Thus a delibei’ate attempt was made by a servant of the British Government to assassinate in time of peace the great Irish leader Shane O’Neil, by a present of poisoned wine; and although the attempt failed, and the assassin was detected and arrested, he was at once liberated by the Government. Essex accepted the hospitality of Sir Brien O’Neil. After a banquet, 54 THE HOME-RULEB’S MANUAL. when the Irish chief had retired unsuspiciously to rest, the English general surrounded the house with soldiers, captured his host, with his wife and brother, sent them all to Dublin for execution, and massacred the Avhole body of his friends and retainers. An English officer, a friend of the Viceroy, invited seventeen Irish gentlemen to supper, and when they rose from the table had them all stabbed. A Catholic arch¬ bishop named Hurley fell into the hands of the English authorities, and before they sent him to the gallows they tortured him to extort confession of treason by one of the most horrible torments human nature can endure—by roasting his feet with fire. But these isolated episodes, by diverting the mind from the broad features of the war, serve rather to diminish than to enhance its atrocity. The war, as conducted by Carew, by Gilbert, by Pelham, by Mountjoy, was literally a war of extermination. The slaughter of Irishmen was looked upon as literally the slaughter of wild beasts. Not only the men, but even the women and children who fell into the hands of the English, were deliberately and systematically butchered. Bands of soldiers traversed great tracts of country, slaying every living thing they met. The sword • was not found sufficiently expeditious, but another method proved much more efficacious. Year after year, over a great part of Ireland, all means of human subsistence was destroyed, no quarter was given to prisoners who surrendered, and the whole population was skilfully and steadily starved to death. The pictures of the condition of Ireland at ELIZABETHAN WABS. 55 this time are as terrible as anything in human history. Tlius Spenser, describing what he had seen in Munster, tells how, ‘out of every corner of the woods and glens, they came creeping forth upon their hands, for their legs could not bear them. They looked like anato¬ mies of death; they spoke like ghosts ciying out of their graves; they did eat the dead carrion, happy when they could find them; yea, and one another soon after, inasmuch as. the very carcases they spared not to scrape out of their graves.’ The people, in the words of Holinshed, ‘ were not only driven to eat horses, dogs, and dead carions, but also did devour the carcases of dead men, whereof there be sundry examples. . . . The land itself, which before these wars was populous, well inhabited, and rich in all the good blessings of God—being plenteous of corn, full of cattle, well stored with fish and other good commodi¬ ties—is now become ... so barren, both of man and beast, that whoever did travel from the one end of all Munster, even from Waterford to the head of Smeere- weeke, which is about six score miles, he would not meet any man, woman, or child, saving in towns and cities; nor yet see any beasts, but the very wolves, foxes, and other like ravening beasts, many of them laie dead, being famished, and the residue gone else¬ where.’ ‘ From Dingle to the Rock of Cashel,’ said an Irish annalist, ‘ not the lowing of a cow nor the voice of the ploughman was that year to be heard.’ The troops of Sir Richard Percie ‘ left neither come, nor horse, nor house unburnt between Kinsale and Ross.’ The troops of Captain Harvie ‘ did the like between 56 THE HOME-RULER’S MANUAL. Ross and Bantry.’ The troops of Sir Charles Wilmot entered without resistance an Irish camp, where they ‘found nothing hut hurt and sick men, whose pains and lives by the soldiers were both determined.’ The Lord President, he himself assures us, having heard that the Munster fugitives were harboured in certain parts of that province, diverted his forces thither, ‘ burnt all the houses and corn, taking great preys, . . . and, harassing the country, killed all mankind that were found therein.’ From thence he went to other parts, where ‘ he did the like, not leaving behind him man or beast, corn or cattle, except such as had been conveyed into castles.’ Long before the war had terminated, Elizabeth was assured that , she had little left to reis'n over but ashes and carcases. It was O boasted that in all the wide territory of Desmond not a town, castle, village, or farmhouse was unburnt; and a high English official, writing in 1582, computed that in six months, more than thirty thousand people had been starved to death in Munster, besides those who were hung or who perished by the sword. Arch¬ bishop Usher afterwards described how women were accustomed to lie in wait for a passing rider, and to rush out like famished wolves to kill and to devour his horse. The slaughter of women as well as of men, of unresisting peasants as well as of armed rebels, was openly avowed by the English commanders. The Irish annalists told, with horrible detail, how the bands of Pelham and Ormond ‘ killed blind and feeble men, women, boys and girls, sick persons, idiots, and old people;’ how in Desmond’s country, even after REBELLION OF IGIl. 57 all resistance had ceased, soldiers forced men and women into old barns, which were set on fire, and if any attempted to escape they were shot or stabbed; how soldiers were seen ‘ to take up infants on the point of their spears, and to whirl them about in their agony; ’ how women were found ‘ hanging on trees with their children at their breasts, strangled with their mother’s hair.’ ” * The war of Elizabeth was followed by the confis¬ cation of Ulster, and the confiscation of Ulster by the Rebellion of 1641. The Rebellion of 1641, Mr. Lecky states the causes :—“ The rebellion was not, however, due to any single cause, but represented the accumulated wrongs and animosities of two gene- rations. The influence of the ejected proprietors, who were wandering impoverished among the people, or who returned from military service in Spain; the rage of the septs, Avho had been deprived of their pro¬ prietary rights and outraged in their most cherished customs; the animosity Avhich very naturally had grown up between the native population and the alien colonists planted in their old dominions; the new fanaticism which was rising under the preaching of priests and friars; all the long train of agrarian wrongs, from the massacre of IMullaghamast f to the latest inquisitions of Wentworth; all the long suc- * Lccky, “ History of England in the Eighteenth Century,” vol. i. pp. 94-97. t The massacre of natives by Euglisli. 58 THE HOME-RULER’S MANUAL. cession of religious wrongs, from the Act of Uni¬ formity of Elizabeth to the confiscation of the Ii'ish College under Charles — all these things, together with the opportunity caused by the difficulties of England, contributed to the results. Behind the people lay the maddening recollections of the wars of Elizabeth, when their parents had been starved by thousands to death, when unresisting peasants, when women, when children, had been deliberately massacred, and when no quarter had been given to the prisoners. Before them lay the gloomy and almost certain prospect of banishment from the land which remained to them, of the extirpation of the religion Avhich Avas fast becoming’ the passion as AAmll as the consolation of their lives; of the sentence of death directed against any priest who dared to pray beside their bed of death. To the most sober and unimpassioned judgment, these fears Avere reason¬ able ; but the Irish Avere at this time as far as possible from being sober and unimpassioned. The air Avas hot, feverish, charged with rumours. In this case there was no safety in quiet, and there Avas no power on Avhich they could rely.” The rebellion broke out in Ulster, in the recently confiscated counties, on October 22, 1641. “ [It] Avas speedily disgraced by crimes Avhich, though they have been gros.sly, absurdly, and mendaciously exagge¬ rated, were both numerous and horrible. Hardly any page of history has been more misrepresented than that which we are noAV describing, and it is BISHOP BEDELL. 59 extremely difficult to distinguish truth from fiction. . . . It has been asserted by numerous Avriters, and still generally believed, that the Ulster rebellion began with a general and indiscriminate massacre of the Protestants, who were living without suspicion among the Catholics, resembling the massacre of the Danes by the English, the massacre of the French in the Sicilian Vespers, or the massacre of the Huguenots at St, Bartholomew, Clarendon has asserted that there Avere ‘40,000 or .50,000 of the English Protestants murdered before they .suspected themselves to be in any danger, or could provide for their defence,’ and other Avriters have estimated the victims Avithin the first tAvo months of the rebellion at 150,000, at 200,000, and even at 300,000. It may be boldly asserted that this statement of a sudden surprise, immediately folloAved by a general organized massacre, is utterly and absolutely untrue. As is almost alAA’ays the case in a great popular rising, there were, in the first outbreak of the rebellion, some murders, but they AA^ere very fcAv; and there Avas at this time nothing Avhatever of the nature of a massacre.” Later on, hoAvevei-, “ the English Avere eA'eryAvhere driven from their homes, and their expulsion Avas soon accompanied by horrible barbarities,” Bkhop Bedell. In the midst of these barbaritie.s, the person of one prominent Englishman Avas sacred to the rebels—the Protestant Bishop Bedell —“ the first Irish bishop who engaged actiA^ely in proselytisni,” and Avho Avas “ one GO THE liOME-RULER’S MANUAL, of the most conspicuous and uncompromising oppo¬ nents then living of the Catholic faith.” “ When the whole county [of Cavan] was in the hands of the rebels, [he] was sufiered to receive and shelter multitudes of poor Protestants. The fugitives were, indeed, after a time, obliged to leave him; but, though they passed through the midst of the rebels, not one miscarried, and not a thread of their garments was touched. After living for eight months in a country wholly occupied by the rebels, the family of Bedell, and among its members his biographer [Clogy], was escorted, together with about twelve hundred English, who had been compelled by want of provisions to surrendei’, to the English garrison at Drogheda. The escort consisted of two thousand rebels. The journey lasted seven days. “ The rebels,” says Clogy, “ offered us no violence— save in the night, when our men were weary with continual watching, they would steal away a good horse, and run off—but were very civil to us all the way, and many of them wept at our parting from them, that had lived so long and peacefully amongst them, as if we had been one people with them.” Bedell “was afterwards subjected for about three weeks to an easy confinement in a castle on Lough Erne. [But] he ended his days in almost absolute liberty. During the short period of his captivity, as his biographer informs us, he and his companions had perfect liberty ‘ to use Divine exercises of God’s worship, as to pray, read, preach, and sing the songs of Zion in a strange Imid, as the three children; though CllOMWELLIAN WAU. 01 in the next room the priest was acting the Baby¬ lonian Mass.’ He died in February, 1642, while his diocese was still in the full possession of the rebels, and his dying wish to be buried beside his wife in the churchyard of a cathedral, was conceded by the Catholic bishop. A guard of honour attended his body to the grave. The Irish fired a volley over it, crying, as they lowered the coffin into the tomb, ‘ Recjuiescat in pace ultinius anglorum.’ ” This episode, which is related with the fullest detail by an eye-witness who was animated by a furious hostility to Catholicism, took place in Ulster in the midst of a rebellion which is constantly compared to the massacre of St. Bartholomew. * So much for the religious character of the rebellion of 1041. The rebellion was followed by the Cromwellian war. Cromwellian War. Mr. Becky, in a single paragraph, tells, with graphic power, the result of Cromwell’s conquest of Ireland. “ Famine and the sword had so done their work that in some districts the traveller rode twenty or thirty miles without seeing one trace of human life, and fierce wolves—rendered doubly savage by feeding on human flesh—multiplied with startling rapidity through the deserted land, and might be seen prowl¬ ing in numbers within a few miles of Dublin. Liberty * Lccky, “ History of England in the Eighteenth Century,” vol, ii. 1)1). 123-169. 02 THE HOME-EULER’S MANUAL. was given to able-bodied men to abandon the country and enlist in foreign service, and from thirty to fort}'' thousand availed themselves of the permission. Slave-dealers were let loose upon the land, and many hundreds of boys and of marriageable girls, guilty of no offence Avhatever, were torn away from their country, shipped to Barbadoes, and sold as slaves to the planters. Merchants from Bristol entered keenly into the traffic. The victims appear to have been for the most part the children or the young widows of those who were killed or starved; but the dealers began at length to decoy even Englishmen to their ships, and the abuses became such that the Puritan Government, which had for some time cordially supported the system, made vain efforts to stop it. How many of the unhappy captives became the prey of the sharks, how many became the victims of the planters’ lusts, it is impossible to say. The worship which was that of almost the whole native population was absolutely suppressed. Priests continued, it is true, with an admirable courage, to move disguised among the mud cottages of the jDOor, and to hold up the crucifix before their dying eyes; but a large reward was offered for their apprehension, and those who were taken were usually transported to Barbadoes or confined in one of the Arran Isles. Above all, the great end at which the English adven¬ turers had been steadily aiming since the reign of Elizabeth, was accomplished. All the land of the Irish in the three largest and richest provinces was confiscated, and divided among those adventurers PAULIAMENT OF 1689. 63 who had lent money to the Parliament, and among the Puritan soldiers, whose pay was greatly in arreai’, ‘ Innocent papists,’ who could prove that they had taken no part whatever in the struggle, were assigned land in Connaught, and that province, which rock and morass have doomed to a perpetual poverty, and which was at this time almost desolated by famine and by massacre, rvas assigned as the home of the Irish race. The ploughmen and labourers who were necessary for the cultivation of the soil were suffered to remain, but all the old proprietors, all the best and greatest names in Ireland, were compelled to abandon their old possessions, to seek a home in Connaught, or in some happier land beyond the sea. A very large pro¬ portion of them had committed no crime whatever; and it is probable that not a sword would have been drawn in Ireland in rebellion if those who ruled it had suffered the natives to enjoy their lands and their religion in peace.” * The Cromwellian war and confiscations were fol¬ lowed by the Parliament of 1689. The Parliament of 1689. It is, perhap.s, scarcely exaggeration to say that the true history of this Parliament is only to be found in the pages of Mr. Lecky. I shall summarize what the eminent historian says. Prior to the rebellion of 1611, two-thirds of “ffood * Lecky, “History of England in the Eiglileeiith Century,” vol. ii. pp. 173, 171. 6J: THE riOl^rE-EULER’S MANUx^L. ground, capable of cultivation,” was, according to Petty, possessed by Catholics. After the rebellion, after the confiscations of Cromwell as adjusted by the Act of Settlement and Explanation in the reign of Charles II., four-fifths of the whole kingdom was, according to Lawrence, possessed by the Protestants.* Of the Protestant landowners in 1689, two-thirds, according to Archbishop King, held their estates under the Act of Settlement. “ Upwards of three thousand old proprietors were, without trial, excluded for ever from the inheritance of their fathers.” In May, 1689, the Parliament met. It proceeded at once to restore the balance of property which had been upset by Cromwell and Charles. “ The members of the House of Commons were almost all new men, completely inexperienced in public business, and animated by the resentment of the bit¬ terest wrongs. Many of them were sons of some of the three thousand proprietors who, without trial and without compensation, had been deprived by the Act of Settlement of the estates of their ancestors. To all of them the confiscations of Ulster, the fraud of Strafford, the long train of calamities that followed were recent and vivid events. Old men were still living who might have remembered them all, and there was, probably, scarcely a man in the Irish Parliament of 1689 who had not been deeply injured by them in his fortunes or his family.” Parliament began its work “ by an Act which was far in advance of its age.” It “established perfect * Rather more than two-thirds of the good land, according to Petty. PAKLIAMENT OP 1689. 65 religious liberty in Ireland.” “ By another Act, re¬ pealing Poynings’ Law, and asserting its own legisla¬ tive independence, it anticipated the doctrine of Moly- neux. Swift, and Grattan, and claimed a position which, if it could have been maintained, would have saved Ireland from at least a portion of those com¬ mercial restrictions which a few years later reduced it to a condition of most abject wretchedness.” A third measure abolished payments to Protestant clergy in the corporate towns; a fourth ordered Catholics to pay tithes to their own priests, and not to the Protestant clergy. But “ Protestants were still to pay their tithes to their own clergy.” The transfer of the tithes from the Protestant to the Catholic clei'gy—that is to say, from the clergy of a small minority to the clergy of the nation—was made with¬ out compensation. But “the principle of compensation was as yet wholly unknown. . . . No compensation had been granted in any of the transfers of Church property in England. The really distinctive feature of the Irish legislation on this subject was that the spoliated clergy were not reduced to the category of criminals, but were guaranteed full liberty of professing, prac¬ tising, and teaching their religion.” Se'veral measures were passed for developing the resources of the country —(1) for encouraging strangers to plant in Ireland; (2) for the relief of distressed debtors; (3) for the x’emoval of the incapacities of the native Irish ; (4) for the recovery of waste lands ; (o) for the improve¬ ment of trade, shipping, and navigation; and (6) for the establishment of free schools. F G(i THE HOME-EULEE’S MANUAL. These Acts were accompanied by a measure for the repeal of the Act of Settlement; that is, by a measure for declaring null and void the confiscations of Cromwell, which had been confirmed and settled by Charles II. The Act of Settlement had been passed only twenty-four years before, and the Irish legislators declared that these twenty-four years had not annulled the rights of the old proprietors or their descendants. They accordingly enacted that “ the heirs of all pei’sons who had possessed landed property in Ireland on October 22, 1641, and who had been deprived of their inheritance by the Act of Settlement, should enter at once into posses.sion of their old properties.” This Act was, of course, a great hardship on the new proprietors, some of whom held by purchase, and not as military adventurers. But those who held by purchase were to be given compensation. _ “ The statute notices that some persons who were strangers to those to whom some of the confiscated lands were distributed had come into possession of the same after the Act of Settlement, ‘ for good and valuable consideration, and not considera¬ tions of blood, affinity, or marriage,’ and it declares that these persons ' are hereby intended to be reprised for such their purchases in the manner hereafter to be ex¬ pressed.’ ” But how ? “ In 1689 the great bulk of the English proprietors of Irish soil were in actual corre¬ spondence with William, and were therefore legally guilty of high treason. The Irish legislators now proceeded to follow the example of the British Govern¬ ments, and by a clause of extreme severity they pro¬ nounced the real estates of all Irish proprietors PAKLIAMENT OF 1689. 67 who dwelt in any part of the three kingdoms which did not acknowledge King James, and who aided, abetted, or corresponded with the rebels, to be forfeited and vested in the Crown, and from this source they pro¬ posed to compensate the purchasers under the Act of Settlement.” Mr. Lccky comments on this Act: “ The Act must be judged in the light of the antecedent events of Irish history, and with a due allowance for the passions of a civil war, for the peculiar position of the legislators, and for the extreme difficulty of all legislation on this subject.” But this Act was followed by a much more sweep¬ ing and violent injustice ”—an Act of attainder which aimed at the complete overthrow of the existing land system of Ireland. By this measure two thousand landowners were to be attainted of high treason. Mr. Lccky comments— “ Few persons will question the tyranny of an Act which in this manner made a very large propor¬ tion of the Irish landlords liable to the penalties of high treason, unless they could prove their inno¬ cence, even though the only crime that could be alleged against them was that of living out of Ii-eland at a time of civil war. ... Its injustice, however, cannot reasonably be denied, and it forms the great blot on the reputation of the short Parliament of 1689, though a few things may be truly said to pal¬ liate it and explain it.” 68 THE HOME-RULER’S MANUAL. “ There is no ground for the assertion that it was of the nature of a religious proscription. It was in¬ evitable that Protestant landlords should have usually taken the side of William, and .Catholic landlords the side of James; but religion is not even mentioned in the Act, and among the attainted persons a few were Catholics. Nor is it probable that it was ever intended to put in force the more sanguinaiy part of the sentence. It is not alleged that a single person was executed under the Act. . . . Real Aim of the Act. “ The real aim of the Act was con6scation; and in this resjject, at least, it was by no means un¬ exampled. Every political trouble in Ireland had long been followed by a confiscation of Irish soil. . , . If more than two thousand persons were conditionally attainted by the Irish Parliament in 1689, more than three thousand had been absolutely deprived of their possessions without trial by the Parliament in 1665 ; and the Parliament which committed the one injustice consisted mainly of the sons of the men who had suffered by the other,” * Such is the story of the rebellion of 1641, and of the Parliament of 1689. In conclusion, let me repeat that my object is, not to discuss the question whether the “rebels” of 1641 and the legislators of 1689 were or were not * Lecky, “History of England in the Eighteenth Century,” vol. ii, jip. 178-190. NO DANGEK OF RELIGIOUS PERSECUTION. 69 guilty of faults or crimes, but to show that, whether right or wrong, their conduct was not influenced by religious feeling. I may, perhaps, close this subject of religious “ per¬ secution and Home Rule ” by quoting an extract from the able and outspoken organ of the Tory party in Ireland—the Dublin Evening Mail. Writing on December 30, 1885, and commenting on a proposal that a new Irish Constitution should con¬ tain a clause declaring that no system of education should be endowed by the State to the exclusion of any other, the Mail said ; “ If this be meant as a protection of Irish Protestants against religious per¬ secution, we think it is superfluous. There is no danger that Protestants will be persecuted as such. It is their worldly goods and chattels that are coveted, not the salvation of their souls, and they will be not a bit worse off than the Catholics, who possess the like plunderable commodities.” It may be natural for the Mail to object to Home Rule, and to think the worst of Home Rulers. But it is important to bear in mind that this representative organ of Protestant opinion should hold that religious feeling does not enter into Irish politics. PART III. ARGUMENTS AGAINST HOME RULE. I. miSH NATIONALITY. Fifty years ago it was said to Mazzini, “ Italy is not a nation.” Mazzini replied, “ Italy strives for nation¬ hood.” * It is often said now, “ Ireland is not a nation.” Irishmen may reply, “ Ireland strives, and has ever striven, for nationhood.” “ The sentiment of nationality,” says Mr. Lecky, “ lies at the root of Irish discontent.” What is a nation ? A people bound together by historical associations. Of course there are other factors ; e.g. race, religion, language, geography, popu¬ lation (taken in connection with geography); never¬ theless history is the determining factor. Many,in¬ stances can be given of peoples separated by race, religion, language, who are, nevertheless, held together * Metternicli’s saying is well known: “ Italy is a geograjjliical expression.” IRISH NATIONALITY. 71 by a common history.* But lei, us take all the factors into account in dealing with Ireland. 1. Race .—The majority of the Irish people are Celts, but there is a Teutonic element, the result mainly of Danish and Anglo-Norman conquest. Despite dif¬ ferences in blood, the Irish are, almost as a whole united by common historical bonds. Foremost among Irish popular heroes have been Hibernicized Teu¬ tons. “ Hibernis Hiberniores ” is the fond saying by which Celtic Irish peasants to this day recall the memory of the Norman, “ Geraldines.” f It is needless to say that the Irish patriots and rebels of the eighteenth century were chiefly men of Teutonic origin, e.g. the volunteers and the United L-ishmen. The greatest of Irish rebels and the purest of Irish patriots were both men of English blood—Wolfe Tone and Henry Grattan. J The old Irish Parliament, to which Irish Celts look back with pride, was in the main an assembly of Irish Teutons. But Celt and Teuton, though separated by race, have, as a whole, been united by the memory of common wrongs and common struggles. England not only failed to Angli¬ cize the Irish, but she could not prevent the Irish from Hibernicizing the settlers. However, one part of Ire¬ land, though Hibernian enough in temperament, is still, to some extent, separated from the rest not only by * Community of race, language, and religion did not prevent tlio revolt of England’s American colonies. Difference of race, religion, and language have not broken up the Swiss Republic. t Tlie popular name for the great Anglo-Norman family, tlic Fitz¬ Geralds, famous as Earls of Kildare. To this family the pojnilar hero and rebel. Lord Edward FitzGerahl, belonged. ^ On bis mother’s side, Grattan was of French extraction. 72 THE HOME-EULEE’S MANUAL. race, but by feeling and history; e.g. the unnationalized colonists in the north-east corner of Ulster.* The case of these colonists will be fully dealt with later on; but, leaving them for a moment out of account, it may be generally affirmed that the different races of Ireland have, like the different races of England, mingled in the stream of common historical association. 2. Religion. —The percentage of the various religious denominations in Ireland are— Per cent. i Catholics .. .. .. .. .. 76'6 Protestant Episcopalians .. .. .. 12’4: Presbyterians .. .. .. .. 91 Methodists .. .. .. .. .. 1-0 f 3. Language. —English, it is known, is the common language of the country. 4. Geography. —Geographically Ireland has the most distinct of national boundaries—the sea. 5. Population. —The area of Ireland is 32,531 square miles ; the population, 5,174,836. How does she com¬ pare in these respects with some other European nationalities ? Area. Square Miles. Population. Belgium 11,.373 5,520,009 Netherlands 12,648 4,012,693 Switzerland .. 15,992 2,846,102 Denmark 13,784 1,969,039 Greece 19,941 1,679,775 6. History .—From the earliest period of her history, * Post, pp. 92, 93. t Ante, ji. 10. IRISH HISTORY. 73 Ireland has struggled to preserve political existence, fii’st threatened by the Danes, then by England; and it is the memory of this struggle which binds the Irish people together as a nation. A brief sketch of the outlines of Irish history is necessary to make this point clear. Irish Historij. Early Irish History .—The Irish, like all early European communities, were divided into tribes. Provincial kings reigned in Munster, Leinster, Ulster, and Connaught. A supreme king, whose seat was at Tara, and whose special domain was Meath, reigned over all. After the establishment of Christianity (about A.D. 450) Ireland took her place in the van of civilization, and Irish missionaries spread the light of the gospel over Europe. In 908-1014 the greatest of Irish kings, Brian—the “ Egbert of Ireland ”—tried to break up the tribal system and consolidate the nation. His death at the battle of Clontarf (1014), where Ireland, almost as a nation, rallied around him, and where the power of the Danish invaders was for ever broken, checked the work of national consolidation which he had begun. He had no worthy successors, and Ireland, once more distracted by tribal divisions, fell an easy prey to the Anglo-Norman adventurers. A'aylo-Normam. —InllG9-1172 the Anglo-Normans settled in Ireland. They were too weak to conquer the country, and the Irish were too disorganized to 74 THE HOME-EULER’S MANUAL. drive them out. In such circumstances there was but one hope for Ireland—the amalgamation of the Irish and Anglo-Norman races, the union of the two peoples as one political power. This amalgamation, this union England used all her resources to prevent, lest Ireland might become a strong nation at her door. The Irish and Anglo-Norman races to some extent mingled; Norman settlers in some instances became “more Irish than the Irish themselves; ” * but no lasting political union took place. England was too strong for this. She sowed seeds of discord between Norman and Irish; urged the former to “root out” the latter, and in the end subdued both. Sir John Davis says, “ It is manifest that such as had the government of Ireland under the Crown of England did intend to make perpetual separation and enmity between the English [Anglo-Norjnans] and Irish; pretending no doubt that the English should in the end root out the Irish, which the English not being able'to do, did cause perpetual war between the nations.” t Mr. Lecky: “ The English rule as a living reality was confined and concentrated in the narrow limits * “ The Anglo-Normans became Irish; they exchanged their feudal titles of earl and baron for patronymic surnames; the Du-Bomrgs called themselves MacWilliam-Bourg; the Be Veres, hlacSwine; the De- langles, MaoOostilagh; the EitzUrses, MacMahon; and the Fitz- Geraalds, MacGheroit. They acquired a taste for Irish song and poetry; they invited the bards to their tables, and entrusted their children to women of tlie country. The Normans of England, so haughty towards the Saxons, termed this degeneration.”—Thierry, “ Norman Conquest,” i. p. 320. t “ Discovery of the True Causes why Ireland was never Subdued. THE ANGLO-NORMANS. 75 of the Pale. * The hostile power planted in the heart of the nation destroyed all possibility of central government, while it was itself incapable of fulfilling that function. Like a spear-point embedded in a living- body, it inflamed all around it, and deranged every vital function. It prevented the gradual reduction of the island by some native Clovis, which would neces¬ sarily have taken place if the Anglo-Normans had not ai’rived; and instead of that peaceful and almost silent amalgamation of races, customs, laws, and languages which took place in England, and which is the source of many of the best elements in English life and character, the two nations remained in Ireland for centuries in hostility.” f Sir Henry Maine: “The Anglo-Norman settlement acted like a running sore on the east coast of Ireland, constantly irritating the Celtic regions beyond the Pale, and deepening the confusion which prevailed there. If the country had been left to itself, one of the great Irish tribes would almost certainly have conquered the rest.” f Hallam: “We may be led by the analogy of other ^ countries to think it probable that if Ireland had not tempted the cupidity of her neighbours, there would have arisen in the course of time some Egbert or Harold Harfager to consolidate the provincial kingdoms into one hei’editary monai’chy. ...” § t In the reign of King John, the English possessions in Ireland were 'paleil oif, hence the phrase. These possessions were confined to Dublin, Meath, Louth, and Kildare. t “ History of England in the Eighteenth Century,” ii. j). h.3. t “ History of Early Institutions,” p. 55. § “ Constitutional History,” iii. p. 4G3. 76 THE HOME-RULEE’S MANUAL. If it be said that Ireland is a country with an arrested national development, the question may be asked, Wlio is responsible ? The authorities we have cited answer—England. The Tudors. — On the accession of Henry VII. (1485) the English possessions in Ireland were still limited to the Pale; * on the death of Elizabeth (1603) all Ireland was conquered. The conflict was flerce and brutal. Norman and Celt combined against the common foe. The Geraldines in the south, the O’Neils in the north, fought for their common country and common faith; for the Irish had rejected the Reformation, and remained true to the old creed. The struggle was national and religious. It ended in the defeat of the Irish, and the subjugation of the island by the most ruthless of wars; f but the catas¬ trophe was not brought about until the inhabitants had been welded together as one people by community of the strongest feelings and interests—love of country, fidelity to creed, attachment to property. Norman and Celt had defended all, and lost almost all. The national faith alone survived the national wreck. Confiscation and religious persecution followed con- • quest. In the reign of Mary the territories of the ' * “The real supremacy of the English laws was not probably estabhshed beyond [the counties of Dublin and Louth], from Dublin to Dundalk on the coast, and for about thirty miles inland.”—Hallam, “Constitutional History,” iii. p. 478. t “ Whoever did travel from the one end to the other all Munster would not meet any man, woman, or child, saving in towns or cities; nor yet see any beast. So the generals of Elizabeth left Ireland.”— Holinshed, “ Chronicle of England, Holland, and Leland,” Anno 1577. TUDOES AND STUAKTS. 77 Celtic O’Moores and O’Connors in Leinster were forfeited; in the reign of Elizabeth the vast estates of the Norman Desmond in Munster shared the same fate.* A new colony from England took the forfeited possessions. They came to exterminate the old races and the old religion. “ The iron ago of Ireland ” f had commenced. The Stuarts . — Confiscation followed confiscation. Elizabeth had filched 574,000 acres! from Normans and Celts in Leinster; James I. filched 2,836,837 acres from Celts in Ulster. Another new set of colonists were introduced from England and Scotland, and the old proprietors were driven from their homes. In the reio-n of Charles I. fresh schemes of confiscation were o laid in Connaught by Wentworth, but rebellion in Ire¬ land and civil war in England arrested this policy of “public plunder” in full career. Forty years (1641) after James I. had stripped the Celts of Ulster of their lands, and sent them forth to wander and starve in mountain, wood, and morass, the sons of these Celts rose in arms to recover the inherit¬ ance of their fathers. Fearful was this war of ven¬ geance. “The pent-up fury of a people brutalized by long oppression broke out at last. They fought as men will fight who had been despoiled of their property, whose religion was under the ban of the law, who expected no quarter from their adversaries, * 7'liese estates nunibereSouth Derry in 1885; the scat which Mr. I.ea now holds by a majority of 128. 1.10 THE HOME-KULER’S MANUAL. III. .HOME RULE AND REMEDIAL MEASURES. It is said that the concession of remedial measures will put an end to the demand for Home Rule. Does history encourage this hope ? Let us follow the course of the concessions of the past sixty years and see. In 1829 Catholic Emancipation was granted; in 1831 the National Schools were established; in 1832 the Irish Reform Bill was passed. What happened ? There was a general election in 1832, and forty-five Repealers were returned. There was another general election in 1834, and the same number were again returned. Between 1835 and 1841 the Poor Laws were inti’o- duced, the corporations were reformed, and the Tithe Commutation Act was passed. What happened ? In 1842 the great agitation for Repeal began—a move¬ ment, be it remembered, which was not complicated by social or economical questions, which was purely national, and which took deep root in the hearts of the people. The Repeal movement was stopped by the famine (1846-1847) and the death of O’Connell (1847). In 1849 the “ concessions ” began again. The En¬ cumbered Estates Court Act was passed. In 1850 the second Irish Reform Act Avas passed; in 1868 a third Irish Reform Act was passed; in 1869 the HOME RULE AND REMEDIAL MEASURES. Ill Protestant Episcopalian Church was disestablished; in 1870 the Land Act was passed; in 1872 vote by ballot was introduced. What hap^iened ? In 1874 there was a general election, and fifty-one Home Rulers were I'eturned. In 1878 the Intermediate Education Act was passed ; in 1879 the Royal University was established. What happened ? In 1880 there was a general election, and sixty-one Home Rulers were returned. In 1881 the second great Land Act was passed; in 1882 the Arrears Act was passed; in 1884 the fran¬ chise was again lowered; in 1885 Lord Ashbourne’s Act was passed. What happened ? There was a general election in 1885, and eighty-five Home Rulers were returned. In 1886 another general election took place, and Ireland again returned eighty-five Home Rulers. Anti-Home Rulers may say that the Irisli are “ ungrateful,” that they have a “ double dose of original sin,” that they are “ Hottentots.” But can it be said that Irish history encourages the hope that remedial measures will ever put an end to the Home Rule movement ? It may be urged that the “concessions” were granted under circumstances which made it impossible for the Irish to be "grateful.” But what assurance have we that the Imperial Parliament Avill ever grant “concessions” under circumstances calculated to make the Irish people grateful and loyal ? 112 THE HOME-RULER’S MANUAL. IV. THE “ RESPECTABLE ” MEMBERS OF THE COMMUNITY AND HOME RULE. It is said that the “ respectable ” members of the community are against Home Rule. But was it not said that the respectable members of the community were against O’Connell ? Who voted for the great agitator at the Clare election of 1828—the turning-point in the struggle for Catholic Emancipation ? “ I have/’ wrote Mr. Vesey FitzGerald, a former opponent, to Sir R. Peel, “ polled all the gentry and all the fifty-pound freeholders—the gentry to a man.” Whom did O’Connell poll ? The forty-shilling free¬ holders—wretched peasants who had scarcely a rag to cover them. “ The terror,” wrote Lord Anglesey during the election to Sir Robert Peel, “ which these assemblies [of O’Connell] have produced among the peaceable and well disposed of the Catholics, as well as the Protestants, is very great.” But turning from the Clare election to the general career of O’Connell, what were the relations which existed between him and that great organ of the “ respectable ” classes in the country—the Times f THE TIMES AND O’CONNELL. 113 The “ Times ” and O’Connell. The Times wrote of O’Connell: January 2, 1835— “ We ask the people of Ireland, will they submit to an inquisitorial and revengeful tyranny like this [O’Connell’s authority] ? If from the dread of mur¬ der or famine, they dare not raise a cry against such brutal degradation — if they will vote thus with the knife at their throats for the Parliamen¬ tary tools of such a miscreant [as O’Connell]—we appeal to the people of England, and to the minis¬ ters, whether they will suffer their fellow-subjects of the sister island to be tormented by this system of organized ruffianism avowed by an Irish Catholic lawyer, and furtively promoted by confederates in priestly garb. ... We hope there will be no truck¬ ling to O’Connell or his gang; there will be no bullying by O’Connell, there will be no stupid and puerile attempt to govern Ireland through the co¬ operation or instrumentality of men who profess the first object of their lives to be the sepai’ation of the two countries, and the breaking-up of the empire.” February 13, 1835—“We have already pointed out the desperate condition of any English party which first leans for support on the Irish repeal rebel and his gang, and next has to pay them the wages of their service by taking them into partnership. But the embarrassments of the Whigs are thickening by every post. . . . They dui'st not refuse [^this unprin¬ cipled ruffian [O’Connell] whatever office he chose to lay his hand on. They could not carry on the Govern¬ ment without the aid of O’Connell and his crew.” I 114 THE HOME-EULER’S MANUAL Novemher 26, 1835— “ THE WHIG MISSIONARY OF 1835. “ Scum condensed of Irish bog! Ruffian.—coward—demagogue ! Boundless liar—base detractor ! Nurse of murders—treason’s factor ! Of Pope and priest the crouching slave, While thy lips of freedom rave ; Of England’s fame the vigorous hater, Yet wanting courage for a traitor, Ireland’s peasants feed thy purse. Still thou art her bane and curse. Tho’ thou liv’st an empire’s scorn, Lift on high thy brazen horn— Every dog shall have his day. This is thine of brutish sway. Mounted on a premier’s back, Lash the ministerial pack; As they nod they hold their places. Crack their sinews—grind their faces. Tho’ thy hand had stabbed their mother. They would fawn and call thee brother. By their leave pursue thy calling. Rend thy patriot lungs with bawling, Spout thy filth—effuse thy slime; Slander is in thee no crime. Safe from challenge—safe from law. What can curb thy callous jaw ? Who would sue a convict liar ? On a poltroon who would fire ? Thou may’st walk in open light, Few will kick thee—none can fight. Then grant the monster leave to roam. Let him slaver out his foam, Only give him length of string. He’ll contrive himself to swing.” January 19, 1837—“At length the huge Irish impostor is thoroughly detected—the political knave THE TIMES AND O’CONNELL. 115 is universally despised—the lying mountebank is hooted and scouted on all sides.” Januarij 9, 1837—“ It has long been the well-known practice of O’Connell to assume for himself and his immediate followers that they are the whole people of Ireland.” January 13, 1837—“ The man, O’Connell, is the grievance which now calls most loudly to be abated. . . Let it be well noted, that Mr. Oi’ator Shell descends the other day from the political platform to meet Lord Morpeth at an ofhcial dinner given by Mr. Drummond, the Under-Secretary for Ireland.” January 23, 1837—“ The speech of Lord Morpeth is just what might have been expected from his pure and enviable reputation. It has quite as much truth, as much reason, as much honesty, and as much moral dignity as have long characterized this subaltern of a subaltern, this understrapper to a nominal Viceroy of Ireland, who is himself the menial servant of him [O’Connell] who lives by disturbing the peace of Ireland.” Febraary 13, 1837—“ Who was the chief guest ? [at Dublin Castle]—Daniel O’Connell, reeking from the barbarous orgies of Carlow.” A23ril 1, 1837—“ Her Royal Highness the Princess Victoria will not be fairly dealt Avith by those around her, if the character and conduct of O’Connell, and of his catspaws, the rest of the rebellion repeal agitators, be not faithfully and truly depicted to her. And if the description of the agitator and his gang be truly given, let us see how it would run. Your 116 THE HOME-EULER’S MANUAL. Royal Highness must understand that this Daniel O’Connell is an able-bodied elderly person, who, having been bred to a calling by which he might have earned his own livelihood, has abandoned his craft, and subsists by asking alms of those who will give them, and by getting the Papist priests of Ireland to extort what they can for him, even from the poorest of the most needy peasantry in the world. Like other lusty beggars, he is false and filthily foul-mouthed. . . . The leisure which is afforded him by the alms he begs or extorts from a homeless, a half-naked, and a half-famished peasantry, has been employed by him in an endeavour to rob your Royal Highness of one of the brightest jewels in the crown, the kingdom of Ireland, which he insists shall be withdrawn from the sceptre of Great Britain, and be governed by a Parliament of its own. In the prosecution of this traitorous project, he has by inflammatory harangues so worked upon an ignorant and easily excited populace, that the mis¬ guided men have frequently broken out into outrages and insurrections which have caused so great a loss of life either in actual conflict with the military and armed police or upon the scaffold, that, were the history of his life appropriately written, if would be recorded in characters of blood—the blood of these victims of his accursed [agitation. . . . These unblush¬ ing quibblers take the oath of allegiance, but what security has your Royal Highness that they will not seize upon the royal palaces, and rob you of the Crown lands, withhold the civil list, and turn jmur Royal Highness barefoot into the streets, insist before THE TIMES AND O’CONNELL. 117 God and man that they have not violated the obliga¬ tions of that oath, for that mercy is not the monarchy, nor Crown lands the Crown, nor palaces the preroga¬ tives thereby ? ” July 17, 1837—“Deducting the respectable portion of the Catholics of England and Ireland, we do not believe that the bog-trotting serfs, men, women, and children, who obey the orders of O’Connell and his Papist priests, amount to 5,000,000. This phalanx is no match for the 17,000,000 of the inhabitants of Great Britain.” July 19, 1837—“ Hurrah for Queen Victoria ! is the cry with which that ruffian, Daniel O’Connell, inflames the barbarous multitude to shake off the dominion of the sovereign, thus mocked and insulted. Hurrah for Queen Victoria! is the watchword of the English Radicals whose aim has been the establishment of a republic on the ruins of the throne. Hurrah for Queen Victoria ! in feebler accents, echo the lickplates of Downing Street.” June 30, 1838—“All who know anything of the matter were long ago satisfied that the most generally loathed and detested being in this country was no other than Daniel O’Connell.” August 25, 1838—“The dog returns to his vomit, and the sow that is washed to her Avallowing in the mire. O’Connell, after ejaculating a loathsome mass of blasphemous and seditious filth in Dublin, pro¬ ceeded to a Trappist monastery, partly with the superstitious hope of wiping off his atrocious offences against social order and religious duty, and partly to 118 THE HOME-EULER’S MANUAL. delude the poor, ignorant, priest-ridden Irish, who require from time to time the priestly influence to stimulate them to political violence. The half bigot, the half hypocrite, and entire nuisance, has, it seems, spent his penance in planning sins anew. He is about to issue from his retirement to renew his work of mischievous agitation. Such is the result of religious meditation on a base and profligate spirit. . . . He bursts from the baneful place dedicated to devotion with a demoniacal yell, which may be the prelude of mutiny and murder, of agitation, agitation, agitation.” The “ Times ” and Thomas Drummond. Thomas Drummond was the best British ruler ever sent to Ireland. He startled the “ respectable classes ” by the now-famous aphorism, “ Property has its duties as well as its rights.” How did the Times, as the organ of “ respectability,” treat him ? January 15, 18.39—“A meeting of the Lord-Lieu¬ tenant and magistrates of the King’s County has been held to pass resolutions expressive of the sense enter¬ tained by the magistracy of the horrible crime which has been committed [the murder of Lord Nor bury], declaratory of their anxious willingness to co-operate with the Executive Government in whatever efforts it might be induced to make for detecting the mur¬ derers, and bring them fo condign punishment— acknowledging, however, their strong reprobation of the insolence displayed by Mr. Drummond, Under¬ secretary, at the Castle, in his treatment on a former THE TIMES AND DRUMMOND. 119 occasion of the Tipperary magistrates, when, instead of heartily assisting them to discover and punish the authors of murderous atrocities perpetrated within their county, and to preserve the peace thereof, this Jack¬ in-office had taken upon himself to lecture the vast body of its landed proprietors in the discharge of their duties as landlords, and to more than insinuate that all the evils they complained of had been caused by their own misconduct.” January 25, 1839 —“ Mr. Drummond’s famous letter to the magistrates of the county Tipperary had the merit of holding up [the landlords] to the popish multitude as offenders against the most important obligations of society, and as justly amenable to whatever punishment or persecution the vengeance of that multitude might dictate. Whatever acts of violence or outrage — whatever attacks on life or dwelling:—whatever robberies or ferocious murders have been perpetrated since the publication of that letter, it is not too much to say, have been abetted, encouraged, and stimulated by its abuse of the country gentlemen, under the eyes of the peasantry, who were thus vindicated ex cathedra in their lawless conduct, as being no more than a righteous retaliation for the wrongs inflicted on them. It remains to be seen whether Mr. Drummond’s letter may not have had its influence in the propagation throughout the Queen’s County of that diabolical spirit out of which arose Lord Norbury’s lamentable murder.” 120 THE HOME-KULEE’S MANUAL. Mr. Cobden on the “ Times.” The Times, we have said, is the organ of “ respecta¬ bility ; ” but what is the character of the Times ? Let Richard Cobden answer. “By its truculent—I had almost said ruffianly— attack on every movement while in the weakness of infancy, it has aroused to increased efforts the energies of those it has assailed; while, at the same time, it has awakened the attention of a languid public, and attracted the sympathy of fair and manly minds. It is thus that such public measures as the abolition of the corn laws, the repeal of the taxes on knowledge, the negotiation of the treaty of commerce with France, triumphed in spite of these virulent, pernicious, and unscrupulous attacks, until at last I am tending to the conviction that there are three conditions only requisite for the success of any great project of reform —namely, a good cause, persevering advocates, and the hostility of the Times.” “ Respectable ” Ulster. The Ulster colony is eminently the most “ respect¬ able ” part of Ireland. But has not this colony been almost for eighty-nine years in the van of opposition to nearly every measure introduced for the welfare and freedom of the country ? Catholic Emancipation, Parliamentary reform, tithe reform, municipal reform, Church reform, land reform, all found among the “respectable” classes of Ulster bitter and persistent THE HOUSE OF LOEDS AND IRELAND. 121 foes.* Take a test question, the Established Church in Ireland. On the 30th of March, 1868, Mr. Glad¬ stone moved his famous resolutions in favour of dis¬ establishment. How did Ulster vote ? How did the non-“ respectable ” provinces of Leinster, Munster, and Connaught vote ? Thus :— Leinster .. .. 23 members voted for Mr. Gladstone’s motion. 12 „ against Munster .. 22 5) for 1 ?? against Connaught .. .. 10 for 3 „ against Ulster .. .. 29 (the full representation) against. The House of Lords and Ireland. But the most “ respectable ” institution in the land is the House of Lords. Has the House of Lords been remarkable for the part it has played in promoting reform, and ameliorating the condition of the masses of the people ? It is not too much to say that this most respectable institution is largely responsible for the condition of things which exists in Ireland to-day. Between 1835 and 1841—during the administration of Lord Melbourne—O’Connell suspended the demand for repeal to give the Union a last trial, to see if it were possible for the British Parliament to legislate beneficially for Ireland. The ministry of Lord Mel¬ bourne promised to reform the Iri.sh municipal cor- * It must not be forgotten that, in 1850-18.52, a number of Ulster Presbyterians joined with Gavan Duffy and Frederic Lucas in fight¬ ing the battle of the tenant-farmers throughout Ireland (see Sir Gavan Duffy, “ League of North and South ”). 122 THE HOME-RULEE’S MANUAL. porations—then in the hands of the Protestant Ascendency—and to relieve the Catholic peasantry from the burden of tithes. In 1836 a Municipal Keform Bill passed the Com¬ mons by 260 to 199 votes. It was rejected in the Lords by 203 to 119 votes. The Government then expressed its willingness to accept a compromise—to agree to the disfranchisement of all the corporations except thirteen, if the House of Lords would consent to grant these a ten-pound household franchise; * the disfranchised bodies were to be governed by commis¬ sioners, and given a five-pormd household franchise. This compromise scheme passed the Commons by 384 to 232 votes. It was rejected in the Lords by 220 to 123 votes. In 1837 the Bill again passed the Commons by 302 to 247 votes. It was rejected in the Lords by 205 to 119 votes. In 1838 the Bill once more passed the Commons by 169 to 134 votes. It was once more rejected in the Lords by 144 to 67 votes. In 1839 the Bill again passed the Commons, and was again rejected in the Lords. Finally, in 1840, the House of Lords consented to a Bill abolishing fifty-eight of the Irish municipalities, and granting a ten-pound rateable franchise to the remaining ten. Sir Erskine May, as Ave have already said, has described this measure as “ virtually a scheme of municipal disfran¬ chisement.” So much for the House of Lords and municipal reform in Ireland. But how did their loi’d ships deal with the tithe question ? * There were at the time sixty-eight corporations in Ireland. THE HOUSE OP LORDS AND IRELAND. I’^o In 1835 the Government introduced a Bill convert¬ ing tithes into a rent-charge of £68 per cent..of tithes, and containing a clause for appropriating the surplus revenues of the Church to purposes of general educa¬ tion in Ireland. The Bill passed the Commons by 319 to 282 votes. It was rejected in the Lords by 138 to 41 votes. In 1836 the same Bill passed the Commons by 300 to 261. It was rejected in the Lords by 138 to 47 votes. Finally, in 1838, the Lords consented to a Bill converting tithes into a rent-charge of £75 per cent, of the tithe, and omitting the most important part of the original Bill—the appropriation clause. But this was not all. The Government sent Thomas Drummond to Ireland to govern on popular principles—to govei-ii without coercion—to govern by putting himself, as Shell said, “ in contact, and not in collision with the people.” No one did more to win over the Irish people to the English connection, and even, if it were possible, to the Union, than Drummond. Yet from the moment he put foot in the country, until he died at his post in 1840, the Lords pursued him with implacable hostility. In 1839 their lordships passed what was practically a vote of censure on his administration by 63 to 58 votes. But this vote was quickly reversed in the Commons by 318 to 226. Finally, on the important question of the land, the Lords proved a stumbling-block on two critical occasions. In 1845 Lord Stanley introduced a Bill to carry out tlie recommendations of the Devon 124 THE HOME-RULER’S MANUAL. Commissioners to give to tlie Irish tenants com- pensatioR for improvements on evictions. Lord Stanley has told us himself that this Bill had to be abandoned in consequence of the opposition of the Lords. In 1852 the Tory Irish Attorney-General of the day—Mr. Napier—introduced a Bill practically on the same lines as Lord Stanley’s Bill of 1845. It passed the Commons, hut had to be abandoned owing to the hostility of the Lords. “ It is notorious,” said Mr. Napier in 1855, “that the House of Lords will pass no such measure, and that for a Government to propose it to them, or to pretend to support it, is an imposture and a .sham.” One more case. In 1880 Mr. Forster (then Irish Secretary) intro¬ duced a Bill to stay evictions in Ireland. He proposed that the County Court judges should, in certain cases, order the landlord to compensate the tenant on evict¬ ing him even for non-payment of rent. But the tenant was bound to prove four things to the satisfaction of the court: 1. That he was unable to pay the rent. 2. That he was unable to pay it, not from thriftless¬ ness or idleness, but on account of the bad harvest of the preceding year. 3. That he was willing to continue the tenancy on just and reasonable terms as to rent and otherwise. 4. That these terms were unreasonably refused by the landlords. Mr. Forster said that this Bill would stop violent THE HOUSE OP LOEDS AND IRELAND. 125 agitation in Ireland. “ The fire,” he said, “ has begun to burn, but if you pass this Bill it .will put it out.” The Bill (called the “ Compensation for Disturbance Bill ”) passed the Commons by 304 to 237 votes. It was rejected in the Lords by 282 to 51 votes and lost. In 1881 Mr. Forster wi’ote, “ It is no use crying over spilt milk, but I believe that the passage of my ‘ Compensation for Disturbance Bill ’ last year would have stayed the strike against rent.” * But is it necessary to say that, if Parliament had been wholly influenced by the “ respectable ” classes in legislating for Ireland during the past sixty years, not a single one of the conces.sions which have been passed within that time, in the interests of the masses of the people, would have found its way to the Statute Book? Assuredly’', the history of the world shows that great movements tending to the well-being of mankind have, in the main, come, not from above, but from below— not from the cultured and leisured few, but from the untutored and toiling millions. Who fought the battle of freedom and progress in these islands for half a century ? Where did O’Connell find supporters in the struggle for Catholic Emancipation ? Where did Lord Grey find supporters in the struggle for Parliamentary reform ? Where did Bright and Cobden find'supporters in the struggle for Free Trade ? * Wcmyss Eciil, “ Life of Forster.” 126 THE HOME-RULER’S MANUAL. All that is generous, all that is just, all that is self- devoted in human action, has ever found sjmipathy and support, not in the castle, but in the cabin; not among the proud and wealthy, but among the lowly and the poor. Y. THE PROSPERITY OF IRELAND SINCE THE UNION. It is said that Ireland has progressed materially since the Union. That is perfectl}’ true. The whole world has progressed materially during the past eighty-nine years, and Ireland has to some extent joined in the general movement. But the difference between the prosperity of Great Britain and the prosperity of Ireland is this : while all classes of Great Britain have benefited, more or less, by the general advance, the peasantry of Ireland—constituting an important, if not the most important, portion of the community—have remained sunk iu the deepest poverty and degradation.* This statement admits of easy proof. The Condition of the Irish Peasantry since the Union. Newenham, 1807—“The habitations of the Irish peasantry, it must be admitted, are, for the most part, little better than the huts of savages. The accommo¬ dations of the former in few respects only surpass those of the latter.” * See Mr. Dioey, ante, p. 40. THE IRISH PEASANTRY SINCE THE UNION. 127 Wakefield, 1809-1812—“ Those who wish to become acquainted with the real state of the country will lament to see human nature degraded to the lowest misery.” John Gough, 1813-1814—“ The general condition of the labouring poor in Tipperary and the neighbouring counties is certainly very wretched; seldom treated by their employers with that humanity and attention their useful labours so justly merit.” Report of Select Committee of the House of Com¬ mons, 1819—“ The general distress and deficiency of employment are so notorious as to render the pro¬ duction of any particular evidence to establish the extent and variety of the evil unnecessary.” John Wiggins (agent to the Marquis of Headfort), 1822—“ Poverty and misery have in manj;" instances goaded [the Irish peasantry] to become bad Christians, bad subjects, and bad tenants.” Annual Register, 1822—“ The whole provinces of Connaught and Munster are in a state of actual starvation. In the month of June there were in the county Clare alone (the whole population of which is little more than 200,000) 99,639 persons subsisting on charity from hour to hour; in Cork there were 122,000 individuals in the same situation ; and in the city of Limerick, out of a population of 67,000, there were 20,000 who had not a morsel to eat save what pity gave.” Report of Select Committee of the House of Com¬ mons on the employment of the poor of Ireland, 1823 —“One-half of the population of the distressed dis- 128 THE HOME-RULER’S MANUAL. tricts [which contained 2,907,000 souls and 5,544,000 acres of land] depended upon charitable assistance for support. “ The cabins [of the peasantry] scarcely contain an article that can be called furniture; in some fami¬ lies there are no such things as bed-clothes, and the greater part [of the peasantry] drink nothing but water.” Mr. Nimmo (civil engineer engaged on works in Ire¬ land), 1825—“I conceive the peasantry of Ireland to be in general in the lowest possible state of existence. Their cabins are in the most miserable condition, and their food potatoes without water, and without even salt.” Poor Law Commissioners, 1836 — “ Their [the Irish peasants’] habitations are wretched hovels; several of a family sleep together upon straw, or upon the bare ground, sometimes with a blanket, sometimes without even so much, to cover them ; their food commonly consists of dry potatoes, and with these they are at times so scantily supplied as to be obliged to stint themselves to one spare meal a day. There are even instances of persons being driven by hunger to seek subsistence on wild herbs.” o Sir George Cornewall Lewis, 1837 — “Arthur Young describes the physical state of the Irish peasant in 1776-1778, which might with scarcely an altera- . tion be applied to them at the present time (1837). The engraving of an Irish cabin contained in his work is an exact representation of the hovels in which the Irish peasants still live.” CONDITION OF THE PEASANTEY. 129 Thomas Drummond, 1838—“Their [the peasants of the Western districts] food consists of the potato alone, without meal, and in most cases without milk. Their cabins are wretched hovels, their beds straw. The wages of labour are reduced to the lowest point, on an average not more than sixpence a day. Poverty and misery have deprived them of energy, labour brings no adequate reward, and every motive to exer¬ tion is destroyed.” Gustave de Beaumont, 1838—“To see Ireland happy you must carefully select your point of view, look for some narrow, isolated spot, and shut your eyes to all the objects that surround it; but wretched Ireland, on the contrary, bursts upon your view every¬ where. ... I have seen the Indian in his forests and the negro in his chains, and thought, as I contem¬ plated their miserable condition, that I saw the very extreme of human wretchedness, but I did not then know the condition of unfortunate Ireland.” The Devon Commission, 1845 —“ A reference to the evidence of most of the witnesses will show that the agricultural labourer of Ireland continues to suffer the greatest privations and hardships; that he con¬ tinues to depend upon casual and precarious employ¬ ment for subsistence ; that he is badly housed, badly fed, badly clothed, and badly paid for his labour. Our personal experience and observations during our in¬ quiry have afforded us a melancholy confirmation of these statements, and we cannot forbear expressing our strong sense of the patient endurance which the labouring classes have generally exhibited under K 180 THE HOME-RULER’S MANUAL sufterings greater, we believe, than the people of any country in Europe have to sustain.” Sir Gavan Duffy, 1847—•“ The condition of Ireland at the opening of the year 1847 is one of the most painful chapters in the annals of mankind. An in- dusti'ious and hospitable race were now in the fangs of a devouring famine. Deaths of individuals, of husband and wife, of entire families, were becoming- common. The potato blight had spread from the Atlantic to the Caspian, but there was more suffering in one parish in county Mayo than in all the rest of Europe. From Connaught, where distress was greatest, there came batches of inquests, with the horrible verdict, ‘ Died of starvation.’ In some cases the victims were buried wrapt in a coarse coverlet, a coffin being too costly a luxury. The living awaited death with a listlessness which Avas at once tragic and revolting. Women, Avith dead children in their arms, Avere seeking for a coffin to bury them.” Mr. Joseph Kay, Q.C. (the son-in-laAV of Thomas Drummond), 1850—“ Let us end'eavour to describe the present state of Ireland in as few words as possible. Ireland itself is splendidly situated, in a commercial point of view, commanding the direct route betAveen Northern Europe and America, with some of the finest harboin-s in the world. Its soil is proverbially rich and beautiful, and has won for it throughout the world the appellation of the ‘ Emerald Isle.’ Its rivers are numerous, large, and well adapted for internal commerce. Its people are physically and intellectually considered one of CONDITION OF THE PEASANTEY. 131 the most active and restless in the world. In every colony of our empire, and among the motley multitude of the United States, the Irish are dis¬ tinguished by their energy, their industry, and their success. They make as good soldier.s, colonists, and railway constructors as anj”^ other people. They are industrious and successful everywhere but in Ireland. Nearly one-third of this rich island is wholly uncul¬ tivated, and is nothing more than bogs, moors, and waste lands; the cultivation of the remaining parts is generally of the most miserable kind. Most of the great proprietors have no capital to invest in the improvement of their estates, or in bringing any of their waste lands into cultivation. Few even of those who have capital are energetic enough or in¬ telligent enough to extend it in so rational a manner. . . . Nor is cultivation in Ireland merely stationary. It is actually going backwards. In the last few years hundreds of thousands of acres have actually been thrown out of cultivation, owing, on the part of the landlords, to inability to sell, and to want of capital and activity; and, on the part of the farmers, to want of security, and to being prevented purchasing any part of the strictly entailed estates. Many of the great landlords know little or nothing of the state of the peasantry or farming on their estates; they receive as much of their rentals as po.ssible, in England * or abroad, and leave their agents to enrich themselves, too often, at the expense of the poor * Jolm Mitchell described an Irish landlord as “ a sponge filled in Ireland and squeezed in England.” 132 THE HOME-RULEE’S MANUAL. tenantry. The condition of the peasantry is some¬ thing which none but those Avho have actually wit¬ nessed it for themselves can possibly realize. At the mercy of sub-agents of the agents of the landlords-— with no interest in the soil—liable to be evicted from their holdings by the agents—totally uneducated for the most part—they live more wretchedly than any other people on the face of the earth. ...” “ The miserable tenants are subject to the tender mercies of a bailiff, without any remedy or appeal except to HeaAmn. . . . More than fifty thousand such evictions took place in 1849. More than fifty thousand families were in that year turned out from their wretched dwellings, without pity and without a refuge! Is it a wonder that fathers, and husbands, and brothers, should often be driven to madness, desperation, and revenge ? ” Lord Dufferin, 18G7—“Some human agency must be accountable for the perennial desolation of a lovely and fertile island, watered by the fairest streams, caressed by a clement atmosphere, held in the em¬ brace of a sea whose affluence fills the richest har¬ bours of the world, and inhabited by a race valiant, tender, generous, gifted beyond measure with the power of physical endurance, and graced with the liveliest intelligence.” General Gordon, 1880 — “I must say from all accounts, and from my own observation, that the state of our fellow-countrymen in the parts [of Ireland] I have named is worse than that of any people in the world, let alone Europe. I believe that these people are CONDITION OF THE PEASANTRY. 133 made as we are, that they are patient beyond belief,— loyal, but at the same time broken-spirited and desperate, living on the verge of starvation in places in which we would not keep our cattle. The Bul¬ garians, Anatolians, Chinese, and Indians are better off" than many of them are. ... I am not well off, but I would offer-or his agent £1000 if either of them would live one week in one of these poor devils’ places, and feed as these people do.” The perennial distress thus described has been attributed by all competent authorities to the system of land tenure in Ireland. Yet Parliament did nothing to reform this system'until 1870—seventy years after the Union. But the Act of 1870 was a failure. Another Act was passed in 1881. But the Irish Land question still occupies the attention of the Legislature. Seventy years of neglect, followed by nineteen years of inadequate effort. What a com¬ mentary on the “Union!” Decline of the Population of Ireland since the Famine. The decline of the population of Ireland within the past forty years is a fact not to be lost sight of in considering the condition of the country. Year. 1841 1851 1861 1871 1881 Population. 8,175,124 6,574,278 5,798,967 5,412,377 5,174,836 134 THE HOME-EULER’S MANUAL. Emigration. The statistics of emigration ave of equal importance. Total Number of Kmigrants. 1851-1885 . .. 3,051,361 * Taking the annual averages, we find this result:— Average Annual Number. 1852-1855 . . 148,985 '1856-1865 .. 88,272 1866-1875 .. 74,607 Taking the years 1876, 1880, 1882, 1883, 1884, and 1885, we find this result:— ■ Number of Emigrants. 1876 37,587 1880 95,517 1882 89,506 1883 108,724 1884 75,803 1885 62,064 t One bright gleam, throwing light on the Irish character, relieves' the gloom of this dark picture. Between 1848 and 1864 the Iri.sh emigrants in America sent £13,000,000 to their fellow-countrymen at home.. Lord Dulferin gives the figures year by year:— Amount. Year. £ 1848 460,000 1849 540,000 1850 957,000 1851 990,000 * Thom's Almanac, 1887, p. 629. t The Statesman’s Year Booh, 1884-1887. miSH EMIGRATION. 135 Year. 1852 1853 185-1 1855 18.56 1857 1858 1859 1860 1861 1862 1863 1864 Amount. £ 1,404,000 1,439,000 1,730,000 873,000 951,000 593,165 472,610 575,378 576,932 [426,285 381,901 412,053 416,605 Besides these amounts sent from Irish emigrants in America, the following amounts were sent from Australia" :— Year. 1859 1860 1861 1862 1863 1864 Amount. £ 45,798 66,713 78,095 81,123 48,058 44,631* Well might Mr. Joseph Kay have said, “In every colony of our empire, and among the motley mul¬ titude of the United States, the Irish are distin¬ guished by their energy, their industry, and their success. They make as good soldiers, colonists, and railway constructors as any other people. They are industrious and successful everywhere but in Ireland.” Why ? Because everywhere but in Ireland they have had fair play. * Lord Duffcrin, “ Irish Emigration and Irish Land,” p. 36. 136 THE HOME-EULER’S MANUAL. But the question is, not only whether Ireland has been prosperous or the reverse since the Union, but whether that measure satisfies, or ever can satisfy^ the national aspii’ations of the people ? PART IV^ MR. BALFOUR, IRELAND, AND THE LEAGUE. I. MR. BALFOUR AND THE TRANQUILLITY OF IRELAND. Mr. Balfour says that Ireland is becoming tran¬ quil, and points to the fact that, in 1888, the number of agrarian outrages was 660, as against 944 in 188.5, and 883 in 1887. But agrarian outrages are only a test of social disorder. They are not a test of political discontent — a feature of graver import. There may, in fact, be little social disturbance and much political disaffection, and vice versa. A few figures will make this point clear. In 1850 and 1851 Ireland was comparatively free from political movements. The number of agrarian outrages was— 1850 . 1362 1851 .1013 Between 1863 and 1866 inclusive, the greatest political movement which had existed since the death of O’Connell was^at its height—the Fenian organiza- 138 THE HOBIE-RTJLER’S MANUAL. tion. The number of agrarian outrages during those years was— 1863 . 349 1864 . 304 1865 . 178 1866 . 87 But this is not all. The number of ao-rarian crimes O was not only smaller than in most other years, but the character of the crime was less heinous, as the followino; table will show o Agrarian Outrages between 1844 and 1880. Analysis showing Character of Crime. Y’ear. 1 Total Agrarian I Outrages. Homicide (Murder and Manslaughter). ' Firing at the Person. Incendiary Fires. | 1 Maiming Cattle. Firing into Dwellings. Threatening Letters and Notices. 1844 1,001 18 26 121 54 31 417 1845 1,920 18 46 113 87 55 970 1846 1,303 16 33 73 60 54 541 1847 620 16 35 108 46 39 202 1848 795 7 16 201 52 25 267 1849 957 15 20 238 54 24 271 1850 1,362 18 18 311 69 20 517 1851 1,013 12 13 185 56 18 395 1852 913 6 15 222 50 26 370 1853 469 1 9 97 34 17 170 1854 334 5 4 72 38 8 *114 1855 255 6 5 56 28 7 66 1856 287 6 6 51 32 7 99 1857 194 4 5 27 18 3 78 AGRAKIAN CRIME AND FENIANISM. 139 Year. Total Agrarian I Outrages. Homicide I (Mui'der and 1 Manslaughter). Firing at the Person. 1 Incendiary i Fires. 1 Maiming Cattle. Firing into Dwellings. Threatening Letters and Notices. 1858 235 6 1 35 16 3 98 1859 221 ' 0 1 22 23 3 91 18G0 232 4 6 25 12 2 87 1861 229 4 4 46 17 8 105 1862 363 8 3 61 17 9 211 1863 349 2 6 63 19 3 166 1864 1865 •s'S 1.-S 304 178 2 4 8 2 48 29 13 11 7 145 72 1866 87 3 31 6 1 30 1867 123 2 3 30 12 50 1868 160 4 1 18 9 1 65 1869' 767 10 16 38 11 6 397 1870 1,329 7 11 20 15 21 493 1871 o a • • 373 6 6 28 10 6 173 1872 > 256 5 6 25 15 7 125 1873 o •5 • ‘ 254 5 ,4 26 15 13 112 1874 fl .. ► o a •• 213 5 4 10 22 8 78 1875 136 11 2 35 3 4 54 1876 212 5 7 20 12 1 86 1877 ’3 • • 236 5 4 40 10 7 81 1878 . . 301 8 3 60 22 7 125 1879 863 10 8 210 25 13 473. 1880 .. 2590 8 24 43 101 67 1337 In 1866 agrarian outrages reached the lowest figure on record. That was the very year before the Fenian rising. The rising took place in March, 1867, and was quickly put down. Between 1867 and 1870 in¬ clusive, the number of agrarian outrages was— 140 THE HOME-EULER’S MANUAL. 1867 . .123 1868 . .160 1869 . .767 1870 . .1329 These figures certainly prove that there may he acute political discontent though comparatively little agrarian crime, and vice versa. But the main question is—Has Mr. Balfour won over the Irish people to the Union ? Is Mr. Parnell less popular in Ireland now than he was in 1886 ? Has Mr. Balfour gained any bye-elections in Ireland ? Has anything happened to show that the Irish people are less eager in their demand for Home Rule than they were when Mr. Balfour took office ? All these questions must be answered in the negative. So far as bye-elections—the only test of opinion we can take —Mr. Balfour has not only made no way in Ireland, but he has lost way in Great Britain. Bye-Elections in Great Britain since 1886. Anti-Home Rule Gains. Doncaster .. .. 1 Home Rule Gains. Ayr .. 1 Burnley .. .. 1 Coventry ,. .. 1 Edinburgh .. 1 Govan .. 1 Kennington .. 1 North Bucks . , 1 North wich .. 1 Peterhorough . . 1 Rochester . . 1 Spalding .. , , 1 Southampton .. 1 12 MR. BALFOUR AND AGRARIAN CRIME. 141 Besides these gains at the bye-elections, three members of Parliament, who were returned as Unionists in 1886, have, I believe, since become Home Rulers— Mr. Winterbotham, Mr. Hingley, Sir Thomas Grove. Tried by any test, there is not a particle of evidence to show that Ireland is becoming Unionist. And if this be so, what avails a reduction in the number of agrarian crimes, so far as the main question—the maintenance of the Union—is concerned ? A reduction in the number of agrarian crimes—the maintenance of social order—is, however, a good thing in itself, apart altogether from the question of the Union. But— (1) How much credit does Mr. Balfour really deserve for this reduction ? (2) What is its precise value as an indication of popular goodwill ? (1) The reduction may have been brought about by causes independently of Mr. Balfour’s government, viz., less distress; more prosperity; belief in the coming of Home Rule; fear to injure Mr. Gladstone and the Liberal party in England by the commission of outrages in Ireland; a desire to place the Liberal party in a position to say to the English nation, “ See, the Irish people are peaceful, because they have hope in you! ” (2) But if these are not the causes; if outrages are only kept down—if order is only maintained— by the Crimes Act, by the imprisonment of popular members of Parliament, and the partial suspension of trial by jury, then it is quite clear that the reduction 14-2 THE HOME-RITLERVS MANUAL. in the number of agrarian crimes is of no value as an indication of popular goodwill. And the suc¬ cess of a constitutional minister, who maintains law and order by putting himself in collision instead of in contact with the masses of the people, is as¬ suredly a Pyrrhien victory. When, my lord,” wrote Dr. Doyle, the Catholic Bishop of Kildare, to Lord Anglesey when he was governing Ireland as Mr. Balfour governs now—“ when, my lord, the dervish was asked by Alexander the Great what he thought of the conquest of India by that warrior, he took the dried sheepskin from off his shoulders, spread it on the floor of Alexander’s tent, and, having walked upon it—the skin yielding to the pressure of the foot, and rising when the foot was removed—he said, ‘ Such will be your conquest of India.’ The allegory may be instructive to your Excellency.” And it may be instructive to Mr. Balfour. In brief, order may be maintained in Ireland by perpetual coercion, but perpetual coercion is impossible under constitutional government. Mr. Balfour feels this himself, and has been obliged to concede as well as coerce—to adopt the old policy of “alternating kicks and kindness”—a policy which has been tried for more than half a century, and which has signally failed. IKISH AGRAEIAN SOCIETIES. 143 II. IRISH AGRARIAN SOCIETIES AND THE LAND LEAGUE. People sometimes write and speak as if agrarian out- rao-es were unknown in Ireland until the Land League began operations. The fact, unhappily, is otherwise. For more than a century there has been war between landlord and tenant in Ireland—“war as fierce and relentless as if it were carried on by force of arms.” * In 17G1-1762 this war began. The Whiteboys rose in Tipperary to prevent the enclosure of commons, and, generally, to regulate the relation between landlord and tenant in the interest of the latter. This insur¬ rection lasted for nearly ten years. Then there was a truce in the south. But in 1771 the “Hearts of Steel ” rebelled in Ulster, because a landlord refused to renew leases without exacting heavy fines from the tenants. In 1775 the Whiteboys were again “up” in Leinster and Munster, protesting against tithes as well as rents. This time they kept the field again for several years, and were followed, in 1785, by the Rightboys, who carried on operations until 1787. From 1787 to the Union there was a truce more or less. Then the war again broke out with renewed fierceness. In 1806 the Thrashers rose in Connaught, and spread to Cavan and Longford. So formidable were these insurgents, that “the king’s judges, on special commission, could not move through the country except under military escort.”! The Thrashers * Mr. Bright. f i^ii' G. C. Lewis, “Irish Disturbances.” 144 THE HOME-RULEE’S MANUAL. were followed by the Whiteboys, who, from 1807 to 1821, terrorized almost the whole province of Munster. In 1822 there was a truce. In 1823 hostilities were renewed. From 1829 to 1830 there was another truce. From 1830 to 1835 the war was carried on with more fierceness than ever—Whitefeet, Blackfeet, Terry Alts, Lady Clares, Molly Maguires, and Rockites overran the land. About 1835 Ribbonism absorbed all other agrarian societies, and there has scarcely been a truce in the deadly struggle from that time to the present. In 1871, eight years before the establishment of the Land League, Lord Hartington, speaking of Irish disturbances, said: “ All these acts of violence are, we have reason to believe, the work of the Ribbon Society. The reports which we receive show that such a state of terrorism prevails that the society has only to issue an edict to secure obedience. Nor has it even to issue its edict; its laws are so well known, an infringement of them is followed so regularly by murderous outrage, that few indeed can treat them with defiance. Ribbon law, and not the law of the land, appears to be that which is obeyed. It exercises such power that no landlord dares to exercise the commonest rights of property. No farmer or other occupier dare exercise his own judgment and discre¬ tion as to whom he shall employ. In fine, so far does the infiuence of the society extend, that a man scarcely dares to enter into open competition in fairs or markets with any one known to belong to the society.”. WITNESSES AGAINST LANDLOEDISM. 145 Who is to blame for this unfortunate condition of things—landlord or tenant ? The evidence against the landlord is overwhelming, and the witnesses are unimpeachable. Here is a list of them, beginning with the Protestant Bishop N icholson in 1718, and ending with Mi-. Bright in our own day. Ante-Union Period. Bishop Nicholson (1718), Archbishop King (1719), Archbishop Synge (1719), Swift (1720-1727), the Lord Primate Boulter (1727), Prior (1729), Arthur Dobbs (1729-31), Bishop Berkeley (1735), Madden (1738), Skelton (1741), John Wesley (1760-17G2), Lord Charle- mont (1770), Arthur Young (1776-1778), and Lord Clare (1787). Union Period. Lady Morgan (1807), Wakefield (1808-1810), Judge Fletcher (1814), Mr. Wiggins (agent to the Marquis of Headfort) (1822), Sir Frankland Lewis (1825), Mr. Nimmo (1825), Daniel O’Connell (1825-1843), Mr, Becheno (1829), Poulett Scrope (1834-1846), Sir George Cornewall Lewis (1836), the Marquis of Normanby (1837), the Times, Lord Morpeth (1837), Lord John Russell (1837-1844), Thomas Drummond (1838), Mr. Nassau Senior (1843-1858), Lord Palmerston (1844), Sir Matthew Barrington (1844), the Devon Commis¬ sion (1845), Lord Derby (1845), Lord John Manners (1847), Mr. Bright (1848-1881), Joseph Kay (1850), Lord Dufterin (1867), Mr. Gladstone (1870); and every Parliamentary Committee appointed to inquire L 146 THE HOME-EULER’S MANUAL. into the state of Ireland and the condition of the poor,* Yet one more witness must be named—^Parliament itself. The Acts passed by Parliament for the protection of the Irish tenant testify abundantly to the wrong¬ doing of the Irish landlord. No such Acts have been found necessary to protect British tenants from British landlords. In Ireland alone the Legislature was forced to step in and strike at the “ lights ” of the landlord in order to save society. III. THE VIOLENCE OF THE LAND LEAGUE. It is said that the Land League agitation was violent and rebellious. Unfortunately, moderation and purely constitutional action have never been successful in obtaining reforms for Ireland. Take what happened prior to the passing of the Land Act of 1881. In 1876 Mr. Butt (the leader of a moderate party) introduced a Bill practically on the same lines as Mr. Gladstone’s Bill of 1881. How was it received ? It was rejected in the Commons by 290 to 56 votes. In 1877 Mr. Crawford (an Ulster member) introduced a Bill to extend the Ulster custom of tenant-right to the rest of Ireland. It was talked out. In 1878 * The opinions of these antliorities are given in “ Fifty Years of Concessions to Ireland.” IRISH AGITATION AND o’CONNELL. 147 Mr. Crawford’s Bill was rejected by 85 to 60 votes, and Mr. Butt’s (reintroduced by Mi'. McCarthy Down¬ ing) by 286 to 86 votes. In 1879 Mr. Butt’s Bill (reintroduced by Mr. Shaw) was rejected by 263 to 91 votes. Then came the Land League, and the Land Act of 1881. “ What does not happen at the right time,” says Prince Albert, “ is, by force of circum¬ stances, sooner or later brought about, and then with a crash.” The Example of O'Connell. When Irish agitators are censured for their violence they point to O’Connell, and ask. How was Catholic Emancipation carried ? The story of the Clare election—" the turning-point in the Catholic ques¬ tion”*—is not an edifying one. Here it is as told in the memoirs of Sir Robert Peel. Mr. Vesey FitzGerald was sent, in June, 1828, by the Government of the Duke of Wellington, to contest the county Clare. He was opposed by O’Connell. Sir R. Peel said of Mr. FitzGerald ; “ He was supposed to have an influence in the county Clare, from pro¬ perty, station, and past services to his constituents.” The narrative may be given in the words of the Government candidate and his friends— Mr. FitzGerald to Sir R. Peel (June 17): “ I am sorry to tell you that I have every reason to fear a violent and exasperated contest. There is a great schism [in the Catholic Association, but] O’Connell and the violent ones have carried it all their own way.” * Sir R. Peel. 148 THE HOME-EULEE’S MANUAL. Sir R. Peel to Mr. FitzGerald (June 21): “ I shall be glad to hear from you when you have had some little experience of the county of Clare. Disregard entirely all personalities, whether proceeding from O’Connell or others of his stamp. It is really quite unnecessary for a gentleman and a minister of the Crown to notice the low slang of a county election. It gives a vast advantage over the gentlemen of a county if they are to place themselves on a level with every blackguard who wantonly attempts to provoke them.” Mr. FitzGerald to Sir R. Peel (no date): “Nothing- can equal the violence here. The proceedings of yesterday were those of madmen, but the county is mad, and they have been allowed to proceed in the career of revolution. It will not, cannot end well. An ineffectual attempt was made to resist Mr, O’Connell, but all were borne down by the violence of the meeting. I only hope that some man whom I can notice without dishonour may repeat the calum¬ nies and the language which Mr. O’Connell, in the impunity which he enjoys, has dared to address to me.” Mr. Gregory (Under-Secretary at the Castle) to Sir R. Peel (June 29): “ O’Connell [has] excited the Roman Catholic population to madness. , . . The accounts from Clare and Limerick are filled v/ith great alarm. . . . [All the gentlemen support Fitz¬ Gerald.] . . , The long-suspended threat of numerical strength against property will be carried into effect.” Lord Anglesey to Sir R. Peel (July 1): “I have had [a] letter from Mr. Fitzgerald this morning; he THE CLAKE ELECTION. 149 appears to think that he is not sufficiently protected by a military force. I think he could not be aware of that by which he is surrounded. There are at Ennis near 300 constabulary At Clare Castle, close at hand— 47 artillery with 2 six-pounders 120 cavalry 415 infantry Within a few hours— 183 cavalry 1313 infantry Within thirty-six hours— 28 cavalry 1367 infantry 2 six-pounder.s At a further distance— 1 regiment of cavalry 800 infantry.” Mr. FitzGerald to Sir R. Peel (July 5): “ The elec¬ tion, thank God, is over. I have polled all the gentry and all the fifty-pound freeholders—the gentry to a man. All the great interests broke down, and the desertion has been univer.sal. Such a scene as we have had. Such a tremendous prospect as it opens to us. For the degradation of the county I feel deeply, and the organization exhibited is so complete and so formidable, that no man can contemplate without alarm what is to follow in this wretched country.” 150 THli HOME-KULEE’S MANUAL. Sir R. Peel’s comment on this letter reads curiously enough sixty years after the event; “ The Clare elec¬ tion supplied the manifest proof of an abnormal and unhealthy condition of the public mind in Ireland.” The reasons given by Lord Anglesey and Sir Robert Peel for granting Catholic Emancipation have taught Irish agitators a lesson which has never been forgotten. Are the agitators to blame ? Lord Anglesey’s Beasons for favouring Catholic Emancipation. “ Such is the extraordinary power of the Associa¬ tion, or rather of the agitators, that I am quite certain they could lead on the people to open re¬ bellion at a moment’s notice; and their organiza¬ tion is such, that, in the hands of desperate and intelligent leaders, they would be extremely formid¬ able. There may be rebellion, you may put to death thousands, you may suppress it, but it will only be to put off the day of compromise ; and in the mean time the country is still more impoverished, and the minds of the people are, if possible, still more alienated, and ruinous expense is entailed on the empire.” Sir K. Peel’s Reasons for granting Catholic Emancipation. Wliitelaall, February 8, 1829. “ In the course of the last six months England, being at peace with the whole world, has had five- sixths of the infantry force of the United Kingdom LORD DERBY ON ENGLISH CONCESSIONS. 151 occupied in maintaining the peace, and in police duties in Ireland. I consider the state of things which requires such an application of militaiy force much worse than open rebellion. ... If this be the state of things at present, what would he the condition of England in the event of war ? Would an English Parliament tolerate for one moment a state of things in Ireland which would compel the appropriation of half her militaiy force to protect, or rather to control, that exposed part of the empire ? “ Can we forget, in reviewing the history of Ireland, what happened in 1782 [and] 1793 ? It is easy to blame the concessions that were then made, but they were not made without an intimate conviction of their ab.solute necessity in order to prevent greater dangers.” But what happened in the struggle for Catholic Emancipation has happened in every struggle for justice between Ireland and England. Lord Derby has summed up the case. Lord Derby on Irish Violence and English Concessions. “It is by no means clear to the unprejudiced observer that any gratitude has been earned [on the part of the Irish to England]. Why have we altered the land laws ? To put an end to Irish agitation. Why have we cared to put an end to Irish agitation ? Because it was not only discreditable to England as a ruling power, but a practical obstruction to the trans¬ action of English business. Fixity of tenure has been the direct result of two causes—Irish outrage and 152 THE HOME-KULER’S MANUAL. Parliamentary obstruction. The Irish know it as well as we, Not all the influence and eloquence of Mr. Gladstone would have prevailed on the English House of Commons to do what has been done in the matter of Irish tenant-right if the answer to all objections had not been ready, ‘ How else are we to govern Ii-eland ? ’ . . . In the history of English relations with Ireland it has always been the same. By an unfortunate fatality every concession made to the weaker State has been under pressure. Take as a sample the creation of the almost wholly independent Irish Parliament in 1780-1782. Was that a sponta¬ neous gift ? Notoriously it was the reverse. English resources were exhausted by the unsuccessful war Avith America ; the Irish volunteers mustered stronger than any force which could have been brought together at short notice to oppose them; the alternative was to yield to the Irish demands or to engage in a san¬ guinary civil war, exactly resembling that which had ended so disastrously on the other side of the Atlantic; and the decision taken, probably a wise one, was to let Ireland have her own way. Not very dissimilar was the history of Catholic Emancipation, except that at that date it was a humane and rational aversion to civil war, not an actual disability to carry it on, which determined the issue. Sir R. Peel and the Duke of Wellington did not rest their cause on the alleged justice of the Catholic claims; they could not well do so, having for many years opposed these claims as unfounded. But they could and did say that the mischief of yielding to them was less than the mischief LOED DERBY ON ENGLISH CONCESSIONS. 153 of having to put down an Irish insurrection. The same argument that had prevailed in 1782 prevailed in 1828-1829. A third example of the same mode of procedure is in the memory of everybody. The Fenian movement agitated Ireland from 1864 to 1867, pro¬ ducing among other results the Clerkenwell explosion. Mr. Gladstone’s statement as to the effect of this and similar attempts on the public mind of England, though too significant to be ignored, is too familiar to be repeated. I have too often heard that speech cen¬ sured as unwise; to me it has always seemed a gain that the exact and naked truth should be spoken, though at the cost of some unpleasant criticism. A few desperate men, applauded by the whole body of the Irish people for their daring, showed England what Irish feeling really was; made plain to us the depth of a discontent whose existence we had scarcely suspected; and the rest followed of course. Few persons will now regret the Disendowment of the Irish Church or the passing of the Land Act of 1870; but it is regrettable that, for the third time in less than a century, agitation, accompanied with violence, should have been shown to be the most effective instrument for redressing whatever Irishmen may be pleased to consider their wrongs.” * * Nineteenth Century, October, 1881. PART V. LEGISLATIVE SYSTEMS IN IRELAND. I. IRISH PARLIAMENTS. Section I.—1171-1495. “ [Ireland] was divided into five provincial kingdoms, Leinster, Munster, Ulster, Connaught, and Meath; one of whose sovereigns was chosen King of Ireland in some general meeting, probably of the nobility, or smaller chieftains, and of the prelates. But there seems to be no clear tradition as to the character of this national assembly, though some maintain it to have been triennially held.” So writes Hallam of pre-Norman Ireland.* Whether the “ national assembly ” mentioned by the English historian would in time have developed into a Parliament in the sense in which the word is now used, I shall not stop to inquire. I shall take it that Parliaments, as we now understand them, were intro¬ duced into Ireland by the Norman settlers. The complaint of the Irish people is, not that they owe the institution of Parliament to Norman settlers, hut that they were deprived of that institution by English statesmen. * Hallam, “ Constitutional History of England,” iii. pp. 456, 457. IRISH PARLIAMENTS. 155 It is beyond, the scope of this book to enter at any length into the history of the Parliaments of Ireland, but I shall give a few leading dates, which may be helpful to the reader desirous of going more fully into the subject. 1171-1172 {Hennj II.). The councils or conventions summoned by Henry II. cannot be called Parliaments, any more than the councils of the Irish kings could be called Parlia¬ ments ; perhaps much less. Henry is said to have held a council—some writers called it a Paidiament —at Lismore in 1172. We learn that “Rotherick, king of all Irishmen, with all the princes *and men of value of the land, of their own good wills,” were summoned. Monck Mason says that this “ Parliament ” ex¬ tended beyond the Pale.* Probably it did, so far as it was a Parliament. But I think it would be more accurate to describe it as a convention of chieftains, brought together by Henry to consider the condition of the country, and perhaps the probability of making terms with the Irish. 1295 (Edtvarcl I.). The Lord Deputy Wogan held what Hallam calls a “ Parliament.” “ The sheriff of each county and liberty ” was directed to return two knights. There were no burgesses summoned. Perhaps this may * Matthew Paris in Monck Mason, “Antiquity of Irish Parlia¬ ment.” 156 THE HOME-EULER’S MANUAL. fairly be spoken of as the first Irish or Norman Parliament.* 1310 {Edward II.). “ The earliest [Irish] statutes on record are of the year 1310; and from that year they are lost until 1429, though we know many Parliaments to have been held in the mean time, and are acquainted with their provisions.” f 1316 {Edvjard II.). “De Clare went to the session of Parliament held at Dublin: . . . and Murtagh O’Brien also, under the protection of Butler, went to the same session, to counteract De Clare’s intention, and left his kingdom under the regency of his brother.” ]: 1341 {Edivard III.). Burgesses appeared in this Parliament. § 1359 {Edward III.). “ The Commons are mentioned as an essential part of Parliament in an ordinance of 1359; before which time, in the opinion of Lord Coke, ‘ the conventions in Ireland were not so much Parliaments as assemblies of great men.’ This, as appears, is not strictly correct; but in substance they were, perhaps, little else long afterwards.” || * The counties named were Dublin, Louth, Kildare, Waterford, Tipperary, Cork, Limerick, Roscommon; the liberties, Meath, Wexford, Kilkenny, Ulster (Ball, “ L’ish Legislative Systems ”). f Hallam. % Monck Mason. § Hallam. II “ An Irish Parliament originally, like an English one, was but a more numerous council, to which the more distant as well as the IRISH PARLIAMENTS. 157 1367 {Edward III.). The Duke of Clarence held a Parliament at Kilkenny. The famous “ Statute of Kilkenny ” was passed to prevent the fusion of English and Irish. Having recited that the English of the realm of Ireland were become mere Irish in their language, names, and apparel, and manner of living; that they had rejected the English laws and allied themselves by inter¬ marriage with the Irish; it prohibited, under the penalties of high treason, or at least of forfeiture of lands, all these approximations to the native inhabit¬ ants.* 1459 {Henry VI.). The Irish Parliament, acting independently of Eng¬ land, appointed Richard Duke of York Viceroy, assert¬ ing its right to be bound only by its own laws, and declared that writs could issue only under the Great Seal of Ireland, t Summary of Section I. 1295 may, perhaps, be fairly fixed as the date of the first Irish Parliament. From that time until 1485 Irish Parliaments were free from English control, though not from English influence. The statutes passed to prevent the political fusion of English and neighbouring barons were summoned, whose consent, though dispensed with in ordinary acts of state, was both the pledge and the condition of tlieir obedience to legislative provisions” (Hallam, iii. 473). # Hallam. t Walpole, “ Kingdom of Ireland,” p. 74 ; 37 Henry VI., Irish Statutes. 158 THE HOME-EULEE’S MANUAL. Irish were, probably, inspired by England, but Parliament was constitutionally free to pass these statutes or not. No law made in England was bind¬ ing in Ireland; and the consent or supervision ol the English Parliament was in no wise necessary to ratify Irish statutes.* How were these early Parliaments composed—of settlers or natives ? Almost entirely of settlers; but the natives, who accepted the English connection, do not seem to have been excluded. Section II.—1495-1782. 1495 {Henry VII). From about 1295 to 1495, the Irish Parliament was free. That freedom was now to be destroyed. In 1495 the deputy, Poynings, summoned a Parliament at Drogheda, and “Poynings’ Law” was passed. It provided (1) that all Acts hitherto passed in England should thenceforth be binding in Ireland; (2) that no Parliament should in future be summoned in Ireland until the viceroy had obtained the king’s licence for its being held; (3) that the heads of Bills to be intro¬ duced in the Irish Parliament should first be submitted to the English Privy Council; (4) that the consent of * Ill the reign of Eichard III. the English judges “are reported to have pronounced their opinion that the Irish were not bound by the statutes of England, ‘because the land of Ireland had a Parliament and all other courts of its own as in England, and did not send repre¬ sentatives to the English Parliament.’ A distinction, however, seems to have been drawn between statutes relating to lands and affairs in Ireland, and statutes relating to matters done out of it” (Ball, pp. 20, 21, and generally). IKISH PARf-IAMENTS. 159 the king and Privy Council should be obtained before such Bills were introduced. These were the chief provisions of the important enactment which practically made the Irish Parlia¬ ment a court for registering the decrees of the English Privy Council. 1537 {Henry VIII.). Lord Leonard Grey summoned a Parliament in Dublin to pass the Act of Supremacy. “ In a nation so ill predisposed, it was difficult to bring about a compliance with the king’s demand of abjuring their religion; ignorant, but not indifferent, the clergy, with Cromer, the primate, at their head, and most of the Lords and Commons, resisted the Act of Supremacy, which was nevertheless ultimately carried by the force of Government.” * 1560 {Elizabeth). The Earl of Sussex summoned a Parliament to establish the Protestant religion. “ In the House of Commons pains had been taken to secure a majority; ten only out of twenty counties, which had at that time been formed, received the writ of summons, and the number of seventy-six representatives of the Anglo-Irish people was made up by the towns, many of them under the influence of the Crown, some, per¬ haps, containing a mixture of Protestant population.” f The laws of supremacy and uniformity were enacted, and the Book of Common Prayer appointed to be read t Ihnl, p. 488. * ITallam, iii. 487. THE HOME-KULER’S MANUAL. 3 60 (in Latin where the minister did not know English) instead of Mass. 1569 (Elizabeth). Sir Henry Sidney summoned a Parliament—“ the first after that which had reluctantly established the Protestant Church.” * In this Parliament “ a strong country party,” opposed to the Crown, sprang up. They complained, with much justice, that the elections had been tampered with, that the franchise had been given to towns not incorporated, and that mere English strangers had been returned for places they had never seen. They opposed Bills brought in by ministers, and generally resisted the royal prerogative. The prerogative was defended by Hooker, “ an Eng¬ lishman chosen for Athenry.” He said, in effect, that the queen might do what she liked without the aid of Parliament, which, in fact, had only been summoned as a matter of courtesy. This speech raised such a storm that Hooker had to fly from the House under the protection of a guard, and the ministerial Bills were laid aside. 1576 (Elizabeth). Sidney summoned another Parliament, which was more stormy even than the last. The deputy attempted to impose taxes “ by order of the Council.” The Com¬ mons resisted resolutely, and the deputy was forced to give way. * Hallam. IRISH PARLIAMENTS. 161 1613 {James I.). Sir John Davis summoned one of the most impor¬ tant of the Irish Parliaments. An extract from his speech in opening it will best describe its character:— “ And now, by way of comparison, it may easily appear unto your lordships how much of this first Parliament, now begun under the blessed government of our most gracious King James, is like to excel all former Parliaments, as well in respect of the cause and time of calling it, as of the persons that are called unto it. For this Parliament is not called to repel invasion, or to suppress a rebellion, or to reduce [dis¬ affected] subjects to their obedience. It is not sum¬ moned to pass private Bills only, or to serve private leaders, or for any special service of the Crown, though such have been the occasions and causes of calling- most part of the former Parliaments. But now, since God both blessed the whole island with an universal peace, together with plenty, civility, and other feli¬ cities more than it ever enjoyed in any former age, this General Council of the whole realm is called now principally to consider and establish these blessings unto us, and to make them perpetual to our posterity. ... It is not called in such time as when the four shix’es of the Pale only did send their barons, knights, and burgesses to the Parliament, when they alone took upon themselves to bind the whole kingdom. . . . But it is called in such time when all Ulster and Con¬ naught, as well as Leinster and Munster, have voices in Parliament by their knights and burgesses, when M 162 THE HOME-KULEK’S MANUAL all the inhabitants of the kingdom, English of birth, English of blood, the new British colony, and the old Irish natives, do all meet together to make laws for the common good of themselves and their posterity.” The number of the Commons in this Parliament was 226, of which 125 were Protestants and 101 Catholics.* 1640 {Charles I.). In a Parliament summoned by Strafford the Catho¬ lics were in a majority.! On the fall of Straffoi’d, and the meeting of the Long Parliament, “ Catholics and Protestants united ” in demanding from the king cer¬ tain “ graces ” which he had promised, but not given, in return for a grant of money made soon after his accession to the throne.J The king again (1641) pro¬ mised ; but the civil war came, and the promise was never carried into law. 1654. Cromwell summoned the Irish and Scotch members to Westminster: Irish members, 30 ; Scotch, 21.§ 1661 {Charles II.). A Parliament met in Chichester House, College Green, Dublin, to consider the settlement of the coun¬ try. There was but one Catholic returned to this Parliament. A question arose as to whether the settle¬ ment should be carried out by the English or Irish * See Hansard, 3rd Series, vol. xiii. p. 125. t Gardiner’s “ Fall of the Monarchy of Charles I„” ii. 286. J Hallam. § Whiteside, “ Irish Parliament,” p. 67. IRISH PARLIAMENTS. 163 Parliament. Finch, the Irish chancellor, said the latter, as an Act passed in England would not be binding in Ireland.* The country was “ settled ” (1662-1665) by this Par¬ liament in the interest of the English Protestant colony. 1689 {James II.). In May, a Parliament met to undo the work of the Parliament of 1661-1665, and to settle the country in the interests of the native and Catholic population; that is, in the interest of the masses of the people. There was but one Catholic returned to the Parlia¬ ment of 1661; thei’e were only six Protestants returned to the Parliament of 1689. The work of that Parliament was interrupted by civil war. 1692 {William and Mary). At the end of the war, and in violation of the Treaty of Limerick, by which civil and religious liberty was secured to the Catholics, Parliament nfet to take up the work of penal legislation commenced by England. “ The beginning of the Irish penal code,” says Mr. Lecky, “ was a law passed in 1691 by the English Parliament for excluding all Catholics from the Irish one.” t 1695-1714; {William III.; Anne.) The penal code was passed. “ The victorious party saw no security but in a system of oppression, contained * Whiteside, “ Irish Parliament,” p. 69. t “ Leaders of Public Opinion,” p. 124. 164 THE HOME-RULEE’S MANUAL. in a sei'ies of laws during the reigns of William and Anne, which have scarcely a parallel in European his¬ tory, unless it he that of the Protestants in France after the revocation of the Edict of Nantes, who yet were but a feeble minority of the whole people.” * 1719 {George I.). The G George I. passed in England, declaring “ that the king’s majestj'-, by and with the advice of the Lords spiritual and temporal and Commons of Great Britain, had, hath, and of right ought to have, full power and authority to make laws and statutes of sufficient force and ability to bind the people and kingdom of Ireland.” t 1719-1774. From 1693 to 1774 the penal code remained wholly unrepealed. ^1774-1781 {George III.). In 1774 the work of repealing the penal code began, and other beneficial legislation followed. 1774. Catholics were allowed to take the oath of allegiance. 1778. Catholics were allowed to hold landed pro¬ perty on lease of 999 years. 1779. Free Trade was obtained. 1780 (April 19). Grattan moved: “That his most excellent Majesty, by and with the consent of the Lords and Commons of Ireland, is the only power * Hallam, iii., 532. t Hallam; 6 Geo. I. cap. 5. lEISH PARLIAMENTS. 165 competent to enact laws to bind Ireland.” On the suggestion of Flood a division was not taken. 1781. Catholics were allowed to keep a school on condition of obtaining the licence of the Protestant bishop of the diocese. Summary of Section II. From the passing of Poynings’ Act to 1781, the Irish Parliament was under the control of the English Privj'^ Council. This was, practically, the procedure:—“ Heads ” of Bills originated in either House. On being read a second time and committed, the proposals embodied in these “ heads ” wei’e sent by the Irish Privy Council to England. They were then submitted to the English attorney-general, and returned by him to the Irish Privy Council. The “heads” were then converted into a Bill, and the Bill was sent back to the House from which it had emanated. It was then read three times in both Houses. The Lord-Lieutenant gave the royal assent, but the Bill did not finally become law until it had passed the Great Seal of England. Section III.—1782-1800. 1782 {George III.). February .—Habeas Corpus Act extended to Ireland. April (16).—Grattan moved and carried, with the consent of the whole House, the Declaration of Inde¬ pendence, declaring that no body of men, save the king. Lords, and Commons of Ireland, could make laws to bind the people of Ireland.* * Grattan’s “ Memoirs,” ii. pp. 204, 23G. 166 THE HOME-KULEE’S MANUAL. Mr. Lecky has described the scene : “ On that day a large body of the Volunteers were drawn up in front of the old Parliament House of Ireland. Far as the eye could stretch the morning sun glanced upon their weapons and upon their flags; and it was through their parted ranks that Grattan passed to move the emancipation of his country. Never had a great orator a nobler or a more pleasing task. It was to proclaim that the strife of six centuries had termi¬ nated; that the cause for which so much blood had been shed, and so much genius expended in vain, had at last triumphed; and that a new era had dawned upon Ireland. Doubtless on that day many minds reverted to the long night of oppression and crime through which Ireland had struggled towards that conception which had been as the pillar of fire on her path. But now at last the promised land seemed reached. The dream of Swift and of Molyneux was realized. The blessings of independence were recon¬ ciled with the blessings of connection; and in an emancipated Parliament the patriot saw the guarantee of the future prosperity of his country, and the Shekinah of liberty in the land.” * May .—Repeal of Acts against hearing or celebrating Mass; t against Catholics having a horse above the value of £5, or dwelling in the cities of Limerick or Galway; repeal also of Act empowering grand juries to levy on Catholics the amount of any losses sus¬ tained by privateers, robbers, and rebels; repeal of * Lecky, “Leaders of Public Opinion,” pp. 112, 113. t Prohibited by Queen Elizabeth. See Lecky, “ Leaders of Public Opinion,” p. 125; Bryce, “ Two Centuries of Irish History,” p. 89. IRISH PARLIAMENTS. 167 Poynings’ Act; marriages of Presbyterians made valid in law. June .—The English Parliament passed an Act repealing the 6 Geo. I. July .—National Bank established ; appointment of judges on good behaviour instead of during the pleasure of the Crown ; Mutiny Act made biennial. 1783. January .—The legislative independence of Ireland was acknowledged by the English Parliament. The 23 Geo. III. cap. 28 was passed. It contained this clause;— “ Be it enacted that the right claimed by the people of Ireland to be bound only by laws enacted by his Majesty and the Parliament of that kingdom, in all cases whatever; and to have all actions and suits at law, or in equity, which may be instituted in that kingdom, decided in his Majesty’s courts therein, finally and without appeal from thence, shall be, and is hereby, declared to be established and ascertained for ever, and shall at no time hereafter be questioned or questionable.” 1792. Catholics admitted to the bar to the rank of King’s Counsel; allowed to be attorpeys, to keep a school without obtaining the licence of the Protestant bi.shop of the diocese, and to intermarry with Pro¬ testants, provided the service was performed by a clergyman of the Established Church. 1G8 THE HOME-RULEE’S MANUAL. 1793. Catholics admitted by law to the elective franchise, to tlie magistracy, to the grand jury, to the municipal corporations, to the Dublin University, to almost all civil and military offices, and allowed to carry arms when possessed of certain property. 1795. A Bill to admit Catholics to Parliament was read a first time in the House of Commons with scarcely a dissentient voice. But the Lord-Lieutenant (Lord Fitz- William) who favoured this policy was recalled by Mr. Pitt, and the work of emancipation was stopped. Well has Mr. Lecky said: “ The time when the Irish Parliament was most persecuting, and the Irish Protestants were most fanatical, was the time when the first was absolutely subservient to foreign control, and when the latter considered themselves merely as a garrison in an enemy’s country. No sooner had a national spirit arisen among the Protestants, than the spirit of sectarianism declined.” 1800. Mr. Pitt’s “ Union,” “ uniting the legislatures and dividing the nations,” was carried. Summary of Section III. From 1782 to 1800 the Irish Parliament was free We have seen what the Parliamentary procedure was * Lecky, “ Leaders of Public Opinion,” p. 125. ME. LECKY ON “ GKATTAN’S PAKLIAMENT.” 169 between 1495 and 1782. Between 1782 and 1800 it was this :— “ A Bill, instead of heads of a Bill, might be intro¬ duced in either House, and passed irrespective of the interference of the Privy Council. When the Bill had passed through both Houses it was deposited in the Lords’ Office (Ireland). A copy of the Bill was then made on parchment, and the copy was attested by the Great Seal of Ireland on the left side of the instru¬ ment ; so attested, it was sent to England by the Irish Privy Council, and there submitted to the royal approval. If approved, it was returned with the Great Seal of England affixed to the right side, and then the Lord-Lieutenant gave the royal assent, and the Bill became law.” The Irish Constitution of 1782 had, howevei’, one great defect. The executive was not subject to the control of Parliament. It was appointed and con¬ trolled by the Crown and Parliament of England, with scarcely any regard to Irish opinion. The friction thus caused between the legislative body, which was in touch with Irish opinion, and the governing body, which was hostile to it, proved fatal to the well-being, and finally to the existence, of the national assembly. Mr. Leclcy on the “ Last Years of the Irish Parliament.” “ In the last years of the Irish Parliament, or at all events from the concession of Free Trade in 1779 to 170 TPIE HOME-RUT.ER’S MANUAL. the Rebellion of 1798, the material progress of Ireland was rapid and uninterrupted. In ten years, from 1782, the exports more than trebled. Lord Sheffield, who wrote upon Irish commerce in 1785, said, 'At present, perhaps, the improvement of Ireland is as rapid as any country ever experienced; ’ and Lord Clare, in a pamphlet which appeared in 1798, made a similar assertion with much greater emphasis. Speak¬ ing of the period that had elapsed since 1782, he said, ‘There is not a nation in the habitable globe which has advanced in cultivation and commerce, in agriculture and manufactures, with the same rapidity in the same period.’ ” * The Irish Parliament of 1782 was not faultless. It was a Protestant Ascendancy Parliament, and Pro¬ testant Ascendancy meant the exclusion of the masses of the people from all places of emolument and power, And yet this Parliament did more for Irish Catholic.s in eleven years than the Imperial Parliament did in * Lecky, “ Leaders of Public Opinion,” p. 188. Dr. Bridges, in his admirable essay in “ Two Centuries of Irish History,” has this note on the subject of the Irish debt between 1782 and 1798, and after¬ wards:—“It was arranged by the Act of Union that each nation should be charged with its own aute-Union debt. This would have been just to Ireland as to England, but for one consideration, viz. that by far the greater portion of the aute-Union debt of Ireland was the result of the fooling of the English Government subsequent to the recall of Lord Fitzwilliam. In 1793 the debt of Ireland (unredeemed funded and unfunded) was only £2,253,000. In 1798 it had risen to £10,130,000 ; in 1801 to £28,541,000. By a strange perversion, this rapid increase of debt has been attributed to the extravagance of Grattan’s Parliament. If so, why was no such extravagance exhibited prior to 1795?”—“Two Centuries of Irish History,” p. 271. 171 THE “UNION.” nearly thirty years. This statement is easy of proof. Between 1782 and 1793, the Catholics were granted the right of religious worship and relieved from the restraints on education; were admitted to the Bar, to the electoral franchise, to the municipal corporations, to the magistracy, to the grand juries, to the uni¬ versity; and in 1795 an attempt was made to admit them to Parliament, when England interposed and stopped the work of emancipation. Accordingly, when the Imperial Legislature met, the Catholics were still excluded from Parliament, from the rank of King’s counsel, from the bench; from the lord chancellorship, from the viceroyalty. How long did the Imperial Parliament take to carry out the work of emancipation which the Irish Parlia¬ ment had so well begun, and which a British minister had interrupted ? Twenty-eight years passed before Catholics were admitted to Parliament, to the bench ; even to the rank of King’s counsel. Sixty-six years passed before a Catholic could be lord chancellor, and to this day no Catholic can be Viceroy of Ireland; viceroy of a countiy where the Catholics form seventy-six per cent, of the whole population. II. THE STORY OF THE “ UNION.” What Mr. Lecky has said about the “ Union ” is of infinitely greater importance than anything I could say. I .shall, therefore, tell the story briefly in his words. 172 THE HOME-RULER’S BIANUAL. The luliole Unhrihed Intellect of Ireland against the Union. “It is scarcely an exaggeration to say that the whole unhrihed. intellect of Ireland was opposed to [the Union]. ... It was certain, heyond all reasonable douht, that the overwhelming majority of the people of Ireland were opposed to the destruction of their national Parliament. The conduct of the Irish lawyers at this time was on the whole eminently nohle. In spite of the lavish corruption of the ministers, the great hody remained firm to the anti-ministerial side; and both in public meetings and in Parliament they were the most ardent opponents of the Union. Nor does there appear, in this respect, to have been any considerable difference between Whigs and Tories, or between Protestants and Catholics. When the measure was first propounded, a great meeting was held under the presidency of Saurin, one of the ablest of the Tory lawyers, and was attended by all the leading lawyers of all sides, and at this meeting a resolution condemning the proposed Union was carried by 166 to 32. At the end of 1803 there were only five members of the minority who had not received ap¬ pointments from the Government. In Parliament the speeches of Plunket and of some of his legal colleagues were masterpieces of powerful reasoning, and should be studied by all who desire to know the light in which the measure appeared to some of the most disciplined intellects in the community. “ [Plunket said]; ‘At the moment when our country THE “UNION.’ 170 is filled with British troops—when the loyal men of Ireland are fatigued and exhausted by their efforts to subdue the rebellion—whilst the Habeas Corpus Act is suspended—whilst trials by court-martial are carrying on in many parts of the kingdom—whilst the people are taught to think they have no right to meet or deliberate, and whilst the great body of them are so palsied by their fears or worn down by their exertions that even this vital question is scarcely able to rouse them from their lethargy—at a moment when we are distracted by domestic dissensions—dissensions art¬ fully kept alive as the pretext of present subjugation, and the instrument of our future thraldom, [this measure is brought forward].’ “ Saurin—‘ If a Legislative Union should be forced upon this country against the will of its inhabitants it would be a nullity, and resistance to it would be a struggle against usurpation, and not a resistance against law. You may make it binding as a law; but you cannot make it obligatory on conscience. It will be obeyed as long as England is strong, but resistance to it will be in the abstx’act a duty, and the exhibition of that resistance will be a mere question of prudence.’ “ Burrowes—‘ When I take into account the hostile feelings generated by this foul attempt by bribery, by treason, and by force to plunder a nation of its liberties in the hour of its distress, I do not hesitate to pronounce that every sentiment of affection for Great Britain will perish if this measure pass, and that, instead of uniting the nations, it will be the com¬ mencement of an era of inextinguishable animosity.’ ” 174 THE HOME-RULEE’S MANUAL. Unparalleled “ Corruption.” “The combined exertions of almost all the men of talent and of almost all the men of pure patriotism in the Parliament were successful in 1799. The Government Bill was defeated by 109 to 104, and the illumination of Dublin attested the feeling of the people. ... It is, I believe, a simple unexaggerated statement of the truth to say that, in the entire history of representative goveimment, there is no instance of corruption having been applied on so large a scale, and Avith so audacious an effrontery, as by the ministers in Ireland. The trustees of the patronage of the nation, their one object was, by the abuse of their trust, to bribe the representatives to sacrifice their constituents. The constitution of Parliament, in Avhich more than one-third of the seats were nomination boroughs, and a large proportion of these boroughs in four or five hands, gave them fatal facilities, and a long course of adverse influences had made the political classes in Ireland profoundly corrupt. Lord Corn¬ wallis, the Lord-Lieutenant—a brave, frank, and humane soldier, who was sincerely anxious to benefit the empire, and who retained his honourable instincts while discharging a most dishonourable office—felt acutely the task that was confided to him, and in one of his letters applied to himself, with remarkable candour, the lines of Swift—• ‘ From hell a Viceroy devil ascends. His budget with corruption cramme l, The contributions of the damned, Which with unsparing hand he strows Through Courts and Senate as he goes.' ” THE “union; 175 The Landlords opposed to the '‘Union.” “ The majority of the landlord class, in whose hands the county representation remained, were strongly opposed to the Union, and Castlereagh, in 1799, complained bitterly of the warmth of the country gentlemen, who spoke in great numbers and with much energy against the question; but the county scats were immensely outnumbered by the boroughs, and to purchase these was soon found to be necessary. . . . A million and a quarter of money was expended chiefly in this manner. . . . By these means the majority was formed which sold the Constitution of Ireland. Lord Cornwallis, in a private letter, described its character with perfect frankness. ‘ The nearer the great event approaches, the more are the needy and interested senators alarmed at the effects it may possibly have on their interests and the provision for their families, and I believe that half our majority would be at heart as much delighted as any of our opponents if the measure could be defeated.’ Grattan, who had unusual opportunities of judging, afterwards ex])ressed his opinion that of the members who voted for the Union only seven were unbribed. . . . Not¬ withstanding all this, 28 counties, 20 of them being unanimous, petitioned against the Union, and the petitions against it are said to have had more than 700,000 signatures, while those in its fayour had only 7000. ... Of the Irish Parliament itself, Mr. Gray, in the English House of Commons, gave the following- analysis :— 176 THE HOME-EULEE’S MANUAL. “‘There are 300 members in all, and 120 of these strenuously opposed the measure, among whom were two-thirds of the county members, the representatives of the city of Dublin, and almost all the towns which it is proposed shall send members to the Imperial Parliament; 162 voted in favour of the Union; of these, 116 were placemen. Some of them were English generals on the staff, without a foot of ground in Ireland, and completely dependent upon the Government.’ ” Ireland and Polar d. “ In the case of Ireland, as truly as in the case of Poland, a national constitution was destroyed by a foreign power, contrary to the wishes of the people. In the one case the deed was a crime of violence; in the other, it was a case of treachery and corruption. In both cases a legacy of enduring bitterness was the result.” “ A Crime of the Deepest Turpitude! “There are, indeed, few things more discreditable to English political literature than the tone of pallia¬ tion, or even of eulogy, that is usually adopted towards the authors of this transaction. Scarcely any element or aggravation of political immoi’ality was wanting, and the term honour, if it be applied to such men as Castlereagh or Pitt, ceases to have any real mean¬ ing in politics. Whatever may be thought of the abstract merits of the arrangement, the Union as it was carried was a crime of the deepest turpitude— THE “UNION/ 177 a crime which, by imposing, with every circumstance of infam}', a new form of government on a reluctant and protesting nation, has vitiated the whole course of Irish opinion.” TJlc Efect of the Un ion. “ Theorists may argue that it would be better for Ireland to become in every respect a mere province of England; they may contend that a union of Legisla¬ tures, accompanied by a corresponding fusion of charac¬ ters, and identification of hopes, interests, and desires, would strengthen the empire; but as a matter of fact this was not what was effected in 1800. The measure of Pitt centralized, but it did not unite ; or, rather, by uniting the Legislatures it divided the nations. In a country where the sentiment of nationality was as intense as in any part of Europe, it destroyed the national Legislature, contrary to the manifest wish of the people, and by means so corrupt, treacherous, and shameful that they are never likely to be forgotten. . . . The Irish Parliament, with all its faults, was an eminently loyal body. The Irish people through the eighteenth century, in spite of great provocations, Avere, on the Avhole, a loyal people till the recall of Lord Fitzwilliam. . . . At the present time it is to be feai’ed that most impartial men would regard Ireland, in the event of a great European war, rather as a source of weakness than of strength. More than seventy years have passed since the boasted measure of Pitt, and it is, unfortunately, incontestable that the loAver orders in Ireland are as hostile to the system 17 « THE HOME-EFLEE’S MANUAL. of government under which they live as the Hun¬ garian people have ever been to Austrian or the Koman people to papal rule; that Irish disloyalty is multiplying enemies of England wherever the English tongue is spoken, and that the national sentiment runs so strongly that multitudes of Irish Catholics look back with deep affection to the Irish Parlia.ment, although no Catholic could sit within its walls, and although it was only during the last seven years of its independent existence that Catholics could vote for its members. Among the opponents of the Union were many of the most loyal, as well as nearly all the ablest men in Ireland; and Lord Charlemont, who died shortly before the measure was consummated, summed up the feelings of many in the emphatic sentence with which he protested against it: ‘ It would more than any other measure contribute to the sepa¬ ration of two countries, the perpetual connection of which is one of the warmest wishes of my heart.’ In fact, the Union of 1800 was not only a great crime, but was also, like most crimes, a great blunder.”* HI. CONCLUSION. To sum up the whole case ; 1. Three-fourths of the representatives of Ireland in Parliament are Home Eulers, and they have, in almost every case, been returned by overwhelming majorities. * Leek}', “Leaders of Public Opinion.” COJ^CLUSIOX. 179 2. Ulster returns seventeen Home Rulers out of a total of thirty-three members. .‘1. The Home Rule representation of Ireland has steadily increased. Thus— Home Hulen General election, 1874 electorate .. .11 „ 1880 15 • • . . 01 „ 1885 55 .. 8.1 1880 55 . . 8.1 •i. At the general election of 1886, England and Wales returned 1.71 Home Rulers; Scotland,43. o. Since the general election the English Liberal Home Rule party have gained twelve seats, and three members returned as “Unionists” have become Home Rulers. 6. Since the general election the “Unionists ” have gained l)ut one seat. 7. Almost all of the representative bodies in Ireland are in favour of Home Rule. 8. The Catholic Chiu’ch, constituting the Church of the vast masses of the people, is in favour of it. 9. The north-east corner of Ulster is against it. 10. But that corner has steadily opposed every Liberal measure introduced for Ireland since the “Union”—Catholic Emancipation, Parliamentary re¬ form, tithe reform, municipal reform. Church reform, land reform. 11. The Imperial Parliament has been obliged to ignore Ulster over and over again in carrying out a policy of conciliation and justice in Ireland. 12. Ulster returns only two Dissentient Libei'als. 180 THE HOME-EULEE’S MANUAL. 13. The Unionist representation of Ulster is essen¬ tially Tory, and reactionary. 14. “Loyal” Ireland is in truth Orange Ireland ; but Orange Ireland cannot be trusted. An extract from a letter written by the late Mr. Forster when Irish Secretary throws light on this subject: “[October, 1881.] Special constables are impossible. In the south and west we cannot get them; in the north Orangemen would offer themselves, and we should probably have to put a policeman by the side of every special to keep him in order.” * 15. The authority of the Imperial Parliament in Ireland is maintained by an absolutist government. Says Mr. Forster—“They talk of the Czar of Kussia; but the czar is not more of a personal and absolute ruler than I was.” This was written in 1882. Says Mr. Chambei'lain—“ [The English government in Ireland] is a system which is founded on the bayonets of 30,000 soldiers encamped permanently as in a hostile country.” This in 1885. To-day Mr. Balfour main¬ tains “ order ” by imprisoning the constitutionally chosen representatives of the people, and partially suspending trial by jury. 16. An absolute government cannot be permanently maintained while any constitutional rights are allowed. Household suffrage and absolute govern¬ ment are impossible. 17. An absolute government is bad for Ireland, bad for England. Says Mr. Forster—“ The best course for Ireland would be my replacement by some one not tarred by the coercion brush.” * Wemyss Eeid, “ Life of Forstev.” CONCLUSION. 181 18. Mr. Balfour is “ tarred by the coercion brush.” 19. Home Rule cannot be put off by a policy of concessions. The concessions of sixty years have ended in the Home Rule movement. In 183.5 Ireland, with a county electorate of 50,000, returned forty-five Home Rulers ; in 1886 Ireland, Avith a county elector¬ ate of 600,000, returned eighty Home Rulers. 20. An experience of nearly a century shows that Ireland cannot be goveimed by the Imperial Parliament according to the wishes of the Irish ])eople. Since* the Union no Irishman possessing the confidence of the Irish people has ever sat in an English Cabinet. Out of twenty-six Lords-Lieutenant there have been only four, and out of forty-two Chief Secretaries there have been only two, who represented Irish public opinion. 21. Since the Union no Irish leader has possessed the confidence of the Imperial Parliament. During nearly a century Irish and English public opinion have almost constantly been antagonistic. 22. Irishmen want Home Rule to reverse this condition of things—to place the government of their country in the hands of men possessing the confidence of the masses of the people. Says Swift—“ All govern¬ ment without the consent of the governed is the very definition of slavery.” The government of Ireland to-day does not rest on the consent of the governed. This, in a word, is the Irish Question. Lord Salisbury has, I believe, lately said something to the effect that the Irish Parliamentary majority was an accident of the moment. Let us test this N 3 182 THE HOME-KULEE’S MANUAL. statement by electoral facts relating to Ulster, where alone Lord Salisbury can fix his hopes. Up to 1868 the representation of Ulster was Tory almost to a man. In 1868 the third, and in 1884 the fourth, Irish Reform Act was passed. What has happened in Ulster since ? Let us see, taking the province county by county. Donegal returned in— 1868 1874 1876 (bye) 1879 1880 1885 * .. 1886 2 Tories. 1 Liberal Conservative, replacing a Tory. 1 Liberal, replacing the Liberal Conservative. 2 Liberals. 4 Home-Eulers. Cavan returned in— 1868 1874 1880 1885 1886 1 Tory and 1 Liberal. 2 Home-Rulers. Monaghan returned in— 1868 2 Tories. 1874 • • )» 1880 .. 2 Liberals. 1885 .. 2 Home-Rulers. 1886 • » )> Fermanagh returned in— 1868 . 2 Tories. 1874 • • 1880 • • •*» 1885 . 2 Home-Rulers. 1886 • • )> * Given four members by Reform Act of 1884. CONCLUSION. 183 Londonderry returned in— 1808 1874 1880 1885 1880 1 Liberal Conservative and 1 Tory. 2 Liberals. 1 Tory and 1 Home-Ruler. 1 Tory and 1 Dissentient Liberal. Tyrone returned in— 1808 1874 1880 1885* 1880 2 Tories. 1 Tory and 1 Liberal Conservative. 1 Tory and 1 Liberal. 1 Tory and 3 Home-Rulers. 1 Tory, 1 Dissentient Liberal, and 2 Home- Rulers. 2 Tories. Armagh returned in— 1808 1874 1880 1885 1880 Down returned in— 1808 1874 1878 1880 1885 1886 . Antrim returned in— 1808 1874 1880 1885 • .. 1886 J? 1 Tory and 1 Liberal. 2 Tories and 1 Home-Ruler. 2 Tories. 1 Tory and 1 Liberal. 1 Torj', replacing a Liberal. 2 Tories. 3 Tories and 1 Home-Ruler. 2 Tories. >* »» 4 Tories. Here we h^ve Donegal gliding from Toryism into Liberal Conservatism, from Liberal Conservatism into Liberalism, and from Liberalism into Home Rule. * Given four members by Reform Act of 1884. 184 THE HOME-RULEE’S MANUAL. Cavan fluctuates between Liberalism and Toryism, and then becomes Home Rule. Monaghan glides from Toryism into Liberalism, and then into Home Rule. Fermanagh passes directly from Toryism to Home Rule. Londonderry fluctuates between Toryism and Liberal Conservatism, next passes to Liberalism, then fluctuates between Home Rule and Toryism, and now fluctuates between Toryism and Dissentient Liberalism. Tyrone at first fluctuates between Toryism and Liberal Conservatism, then between Toiyism and Liberalism, then between Toryism and Home Rule, and now between Home Rule, Toryism, and Dissentient Liberalism. Armagh at first fluctuates between Toryism and Liberalism, then between Toryism and Home Rule. Down at first fluctuates between Toryism and Liberalism, now between Toryism and Home Rule. Antrim, alone of all Ulster, remains staunchly Tory. Do these facts and figures give hope to Lord Salisbury ? Do they show that Toryism is holding its ground, or that Home Rule is advancing ? Victory cannot be won in a day. There may be yet in store for Ireland many struggles, and some reverses. In her conflict of ninety years with the Imperial Parliament, she has been beaten again and again ; but has she not triumphed in the end ? Bitter and protracted was the struggle over Cai?holic Emanci¬ pation, over Disestablishment, over Land Reform. But Emancipation came at length, the State Church fell, the land laws were reformed. The principles of COXCLUSIONT. 185 justice prevailed against the prerogatives of power. And as it has been in the past, so will it be in the future. “ There is,” said Mr. Bright, speaking on Ireland in the House of Commons in 18G8, “much shower and much sunshine between the sowing of the seed and the reaping of the harvest, ])ut the harvest is reaped after all;” THE END. FKINTEL) BY WILLIAM CLOWES AND SONS, LIMITED, LONDON AND BECCLES. RECENTLY PUBLISHED. THOMAS DRUMMOND, Under-Secretary in Ireland, 1835-40. Life and Letters. By R. Barry O’Brien. With Portrait. 14.s. IRISH WRONGS AND ENGLISH REMEDIES, with other Essays. By R. Barry O’Brien. 5s. TWO CENTURIES OP IRISH HISTORY, 1691-1870. By W. K. Sullivan, George Sigerson, J. H. Bridges, Lord Edmund Fitzmaurice, James R. Thursfield, and G. P. Mac- Donell. With Introduction by James Bryce, M.P. Demy 8vo. 16s. HANDBOOK OF HOME RULE. By the Eigcht Hon. W. E. GLADSTONE, M.P., the Right Hon. JOHN MORLEY, M.P., Lord Thring, Jajies Bryce, M.P., the Rev. Canon MacColl, E. L. Godkin, and R. Barry O’Brien. Edited by James Bryce, M.P., with Preface by the Right Hon. Earl Spencer, K.G. Third Edition. Is. THE T/ilfHN-PARNELL COMMISSION. MICHAEL DAVITT’S SPEECH IN DEFENCE OP THE LAND LEAGUE. 5s. IRISH MEMBERS AND ENGLISH GAOLERS: The Treatment of Political Offenders. By the Right Hon. G. Shaw-Lefevre, M.P. Second Edition. Is. INCIDENTS OP COERCION ; a Journal of Visits to Ireland in 1882 and 1888. By the Right Hon. G. Shaw-Lefevre, M.P. Third Edition. Is. POLITICAL PRISONERS AT HOME AND ABROAD. With Appendix on Dietaries. By George Sigerson, M.D., M.Ch., &c., Member of the Royal Commission on Prisons, 1884. "With Introductory Letter by.„JAMES Bryce, M. P. 2s. Qd. A KEY TO THE IRISH QUESTION. Mainly compiled from the Speeches and Writings of Eminent British Statesmen and Publicists, past and present. With some Chapters on the Reign of Eviction in England and Scotland. By J. A. Fox. 7s. 6f/. LONDON: KEGAN PAUL, TRENCH, TRUBNER & CO., Lt?? I HE UNION IST HANDBOOK ■tvvX'i' ■ WILLIAM BLACKWOOD AND SONS ! EDINBURGH AND LONDON , lICE ONE SHILLING _ SIXTH THOUSAND THE TEUTH ABOUT HOME RULE THE TRUTH ABOUT HOME RULE l( PAPERS ON THE IRISH QUESTION BY THE DUKE OF ARGYLL THE EARL OF DERBY THE LORD BRAMWELL PROFESSOR VAMBERY MR FREDERICK POLLOCK MR PENROSE FITZGERALD, M.P. THE MARQUIS OP HARTINGTON THE EARL OF SELBORNE / THE LORD BASING MR W. E. H. LECKY GEORGE BADEN-POWELL, K.C.M.G., M.P. EDITED BY GEORGU: ^DEX-i>o\VELL K.C.M.G., JI.P. SECOND EDITION WILLIAM BLACKAVOOD AND SONS EDINBURGH AND LONDON MDCCCLXXXVIII ' ' ' lO to .o ^ 5 PREFACE TO SECOND EDITION. The object of this volume of Essays and Articles is to provide a text-book for those speakers, writers, and electors who wish to take a dispassionate and correct view of the novel dogma of Gladstoniaii Home Piule. Each author is responsible only for the opinions con¬ tained in his owm contribution. G. B-P. Hocsk of Commons, CONTENTS. PAGE Introduction, by the Editor, .... 1 THE DUKE OF ARGYLL— SOME INCONSISTENCIES OP GLADSTONIAN HOME RULE, 19 THE EARL OF DERBY— PLAIN PRINCIPLES OF LIBERAL UNIONISTS, . . 37 THE LORD BRAMWELL— WHAT HOME RULE MEANS, . . . .48 PROFESSOR YAMBERY— FAILURE OF HOME RULE IN CROATIA, . . 61 MR FREDERICK POLLOCK— HOME RULE AND IMPERIAL SOVEREIGNTY, . . 79 MR R. U. PENROSE FITZGERALD, M.P.— HOME RULE AND THE FORCES BEHIND IT, . . 105 THE MARQUIS OF HARTINGTON— SEPARATIST DEMANDS AND UNIONIST REMEDIES, 128 Contents, viii THE EARL OF SELBOENE— THE CONTROL OF THE IRISH LAW COURTS AND POLICE, 144 THE LORD BASING— A SEPARATE EXECUTIVE FOR IRELAND IMPRACTICABLE, 155 MR W. E. H. LECKY— WHY I AM NOT A HOME RULER, . . . 163 GEORGE BADEN-POWELL, K.C.M.G., M.P.— COLONIAL SELF-GOVERNMENT, .... 188 INTEODUCTORY. “ Tins controversy, and even the recollection of it, will gradually die away with the certain triumph of Home Kule,” — so writes Mr Gladstone in November 1887. At the same time he also exhorts the remnant of the Eighty Club, that “ it will be highly useful to inform the country as to the history and circumstances of Ire¬ land, as the most effectual means of promoting the Home Fade policy.” But Mr Gladstone steadily refuses to give any definition of the term Home Eule as he would have it interpreted now. It is true that the only defini¬ tion ever reduced to black and white is that which the uncontrolled genius of Mr Gladstone placed before Parliament in the twin Bills of 1886. But there is nothing to prove whether or no that scheme is or is not definitively repudiated or abandoned. All that is cer¬ tain is, that no other scheme has as yet been substituted for it, and that therefore it holds the field as the only scheme as yet devised by the wit of any responsible statesman which is supposed to satisfy the Parnellite section of the Gladstonite party. It is true IMr Gladstone has, somewhat querulously, A 2 Introductory. asserted that these Bills are dead; hut then, almost in the same breath, we are invited to the conclusion that the only alternative is Coercion. But these Bills en¬ joyed his ardent advocacy in 1886 just as Coercion Bills had in 1884; and it is therefore somewhat diffi¬ cult to anticipate precisely which of the two alterna¬ tives will have his support in 1888. Six months of reflection in the shades of Opposition caused Mr Glad¬ stone fully and finally to discard his old and well-tried servant. Coercion; may not sixteen months of the same chilling shade as easily lead him to discard his new and ruinous ally. Home Eule ? At all events, if he is con¬ strained to meet Parliament in 1888 still under the whip-hand of his Parnellite taskmasters, he must per¬ force devise and perfect some new scheme so far em¬ bodying that “ Home Eule which is certain to triumph,” as to satisfy the Parnellite section in the House of Commons. There is indeed the alternative that Mr Gladstone should suddenly discover that England “blocks the way,” and that “nothing can be done for Ireland until England’s just grievances are remedied,” and that, on this plea of postponement, he can shunt Ireland into a convenient siding, and again attach himself to the old and trusted principles of the Liberal and Eadical par¬ ties. In so doing he will have virtually to sever his Parnellite alliance; and he may therefore be pleased to learn in the pages of this volume that the highest authorities in the land are rapidly convincing the people of the fatal errors into which any so-called Home Eule policy must land the entire nation. It is well to remember that the “saving common- sense” of the nation, as represented in Parliament, rudely awakened by Mr Gladstone’s sudden and crude Introductory. scheme of Home Eule, at once and forcibly asserted an independent but vigorous repudiation of so novel, so futile, and so obviously fantastic a proposal. The short breathing-space between the defeat of the Bills in the House of Commons by a majority of oO and a general Election, fought out on this very subject, served only to increase the majority against such pro¬ posals to 120. Since then, and in spite of the serious but always unpopular necessity for greater stringency in the maintenance of law and order in Ireland, intelli¬ gent public opinion has steadily and surely rallied to the side of those who see nothing but evil in the crude dogma of Gladstonian Home Eule. But in spite of the undenied growth of Unionist principles, there are many politicians who still believe in the Home Eule cry; and some of their number have been astute enough to sow broadcast the seeds of the pernicious fallacy that Home Eule means self-govern¬ ment, and that self-government means Home Eule— seed that may likely enough germinate in the hearts, if not in the brains, of that section of the British elector¬ ate whose generous sympathies are not always under the control of adequate knowledge. Consequently there arises the pressing necessity of showing, on the highest authority, that Gladstonian Home Eule is the very reverse and negative of self-government—a necessity all the more pressing the more we give credence to the rumours that Mr Gladstone is more than ever deter¬ mined to raise the banner of his Home Eule scheme at the earliest opportunity in the coming session. On the very threshold of the problem stands the necessity for some definition of Gladstonian Home Eule. Happily we can go to the fountainhead at once. Lord Thring, who has been named the wet- 4 Introductory. nurse of tlie scheme, thus describes Mr Gladstone’s twin Bills (page 204 of the ‘ Handbook of Home Eule ’) : “ Absolute local autonomy was conferred on Ireland. . . . The Bill provided that, after a certain day, the representative Irish peers should cease to sit in the House of Lords, and the Irish members vacate their places in the House of Commons. . . . The legisla¬ tive supremacy of the British Parliament was main¬ tained, by an express provision excepting from any interference on the part of the Irish Legislature all imperial powers, and declaring void any enactment which infringed that provision; further, an enactment was inserted for the purpose of securing to the English Legislature in the last resource the absolute power to make any law for the government of Ireland, and there¬ fore to repeal, or suspend, the Irish Constitution.” Place ^ this most authoritative description side by side with Mr Parnell’s persistently declared policy, “ to secure for Ireland, free of outside control, the right to direct her own course among the peoples of the world.” It is at once evident how far it is true that the Parnel- lite party support Mr Gladstone’s scheme, shrewdly re¬ garding it as a stepping-stone to other things. They see that “ as a practical scheme it is hopelessly imprac¬ ticable” ; they well know it would simply kill the ex¬ isting body politic; and that citizens must pin their faith on the belief that out of their dead selves they may make stepping-stones to lead to higher things. On the political side, Ireland is coolly asked to take a back seat, and to surrender all privilege of represen¬ tation in that Imperial Parliament, which is to remain 1 What follows I take, by the kind permission of the Editor, from my article entitled “Self-Government versus Home Eule,” in ‘ Black¬ wood’s Magazine ’ for December 1887. Introductory. ‘o more supreme than ever. But whether we give heed to the principles involved, or to the declared wishes of the Parnellite leaders, it is indeed difficult to see how, with Lord Thring, we can confer “ absolute local autonomy ” on Ireland, and yet retain for the Imperial Government, as Mr Gladstone’s scheme retains, all control over the police, and, therefore, all responsibility for law and order. In this, as in the control of the land policy and many another matter, the self-contra¬ dictory rule is to prevail, that the Imperial Parlia¬ ment, in which Ireland is not to be represented, is to remain supreme in a country wliich nevertheless enjoys “ absolute local autonomy ” ; and Mr Gladstone very properly tells us that “ the unity of the empire rests upon the supremacy of Parliament.” Again, in the matter of taxation, this same Parlia¬ ment is to have full and free control over customs and excise, and thus, with a vengeance, to deprive Ireland of what Liberals were used to deem a cardinal principle —“ No taxation without representation.” Politically, then, Mr Gladstone’s Home Rule scheme reduces Ire¬ land to vassalage, by a grudging gift of a certain measure of local autonomy in return for an absolute surrender of national freedom, and of the highest prerogatives and rights of self-government, notably those of a voice and share in imperial counsels and control. Mr Gladstone is proverbially blind to expressions of opinion that militate against the cause he may happen to advocate. Mr Gladstone remains in pitiable igno¬ rance of what the “ Parnellite paymasters ” resolutely and consistently demand. It would be well if Mr Glad¬ stone could be induced to read the following resolu¬ tions, accepted with enthusiasm last August at a great gathering of these “ paymasters ” in Chicago : “ That 6 Introdiidory. any measure of self-government proposed by the British Parliament, which refuses to recognise the independence from foreign control and dictation of the projected Irish Legislature, would be inadequate for the relief of Ire¬ land, and ought to be rejected by the leaders of the Irish people. That we will cheerfully sustain by every means within our reach the struggle of the Irish people for liberty and independence, so long as the Irish people remain true to the cardinal principle of Ireland’s right to be a free nation.” Another resolution recorded the conviction that, “ The weak compromise of so-called Home Eule, pro¬ posed by Sir G. 0. Trevelyan and apparently accepted by the Liberal leaders, . . . would lower the dignity of the Irish nation, and work great injury to the cause of Irish liberty.” Mr Gladstone has yet to learn that it is not only the wicked Unionist legislators but the good Clan-na-Gael paymasters who scout his pet Home Eule scheme, as insulting to Ireland, and as being impracticable, and, in its nature, an impossible compromise. And yet this strange policy has attracted and con¬ tinues to attract a large measure of purely adventitious support. Its impracticabilities have been proved to demonstration over and over again, and yet even reason¬ ing men continue to support the scheme. Eadical Gladstonites, who pin their faith on representative government, not less than philanthropic Liberals, who abominate all forms of political tyranny or autocracy, nevertheless support this scheme for the disfranchise¬ ment of Ireland. And the causa motiva is not far to seek. Gherchez le nom, and you have the whole story. It is all in a name. The phrase “ Home Eule ” bears upon the surface the meaning of local autonomy, of Introchictory. 7 local self-governmeut; and the heedless world, forget¬ ting the important limitation implied in the word “ local,” accepts without further question or query the creed that Home Eule means autonomy or self-gov¬ ernment, and that self-government means Home Eule. So wholesale a fallacy gives to Mr Gladstone’s scheme its chief strength and all the real power it wields. Mr Gladstone was indeed in luck’s way when he, hap¬ pened upon, or, as his enemies wickedly say, purloined from Mr Parnell’s vocabulary, a sounding title that in original intention contains another and a deeper meaning. The phrase “ Home Eule ” means ruling your own domestic affairs. This may be a form of self-govern¬ ment, or it may he the very reverse. All depends upon whether or no there e.xists above you an Executive and Legislature in which you are not represented, but which none the less legislates and administers for you. If so, then your Home Eule means that you are a mere de¬ pendency, a subject community, inferior to, and governed by, some other community. If we summarise Mr Gladstone’s Home Eule, we find it involves that Irishmen are deprived of all voice in imperial affairs; taxed by a Parliament in which they are not represented ; and their laws, in such mat¬ ters as they have liberty to legislate upon, made liable to disallowance by an entirely external Legislature. Mr Gladstone would fain place Ireland in a status of vassalage and subordination such as no free people has ever willingly endured, and no dependent nation ever willingly accepted. In a word, Gladstonian Home Eule means the political degradation, the fiscal slavery, and the legislative subordination of Ireland to the Imperial ParEament. 8 Introductorjj. Bui ;i generous public, mistakiug Home Eule for self-government and self-government for Home Rule, for the moment ignores all logical and practical alterna¬ tives ; and this illogical confusion of ideas still holds sway even in high places. In one single sentence, for instance, Mr John Morley explains the grounds of his Irish creed—a creed which has painfully puzzled the many who admire his genuine and brilliant literary abilities. He writes, on page 246 of the ‘ Handbook of Home Eule ’: “ The business in hand is not a theorem but a problem; it is uot a thesis to be proved, but a malady to be cured; and the world will thank only the reasoner who winds up, not with Q.E.D., but with Q.E.F. To reason that a patient ought not to take a given medicine because it may possibly cause him more pain than some other medicine which he has no inten¬ tion of taking, is curiously oblique logic. The question is uot oblique, it is direct. Will the operation ” (of Home Eule) “ do more harm to the constitution than the slow corrosions of a disorder grown inveterate ? ” Possibly ere this Mr Morley has seen that, as it stands, this reasoning of his contains a fallacy well known to the schoolmen and even to schoolboys. Some of us have before now heard of cases of “ undistributed middle; ” and we naturally ask—Is there no third medicine which the patient may be willing to take in place of one of two given medicines ? Is there no other operation besides that of Home Eule, which, doing not harm but good to the constitution, will stay and eradicate the “ slow corrosions of a disorder grown inveterate ” ? To argue without this completed syl¬ logism is to bring the reasoner perilously near to a conclusion that would in Euclid wind up, not with Q.E.D. or Q.E.E., but with Q.E.A. rntrodmtorij. 9 As a matter of fact, there is an alternative. Just as Air Gladsto)ie’s shibboleth is Home Ride, so is Self- Government the watchword of the Unionist statesmen. Self-government means that the residents in any and all parts of a nation’s territory shall enjoy all the rights and prerogatives, perform all the duties, and bear all the self-imposed burdens which free citizens enjoy, per¬ form, or bear. Among the most cherished and most essential of the rights and prerogatives is a voice in imposing and adjusting the necessary burdens; and among the highest and most necessary duties is the preserving intact these rights and prerogatives. Coun¬ sel, Control, and Contribution are the three C’s of a free State. Mr Gladstone offers Ireland one only of the tlp-ee, and reserves the other two for a Parliament in which Ireland is not represented. But self-govern¬ ment, which all Unionists would ensure, implies that Irish representatives shall retain full equitable voice in Imperial Counsel and Control, and especially in the adjustment of all Imperial Contributions. In regard to purely local affairs, the Imperial Parliament is nowa¬ days only too willing to shift from its own shoulders the vexatious burden of local administration. Lord Thring and others have written learnedly on the dis¬ tinctions between federal, confederate, and imperial forms of political union ; but in one and all—whatever the liberties or prerogatives of localities—all localities must be equitably represented in the sovereign councils of the nation. This is the great feature that is lacking in Mr Gladstone’s idea of Home liule, and it is the leading feature in the Unionist idea of self-government. Mr Gladstone’s scheme is one for the despotic rule of Ireland by another country ; and Mr Gladstone has gained the siqiport of a majority of the representatives 10 Introductory. of Ireland. But the reasons are not far to seek. Mr Gladstone, like many capable men, lives, moves, and has his being in office. Opposition to him is an atmo¬ sphere of suspended animation, and an atmosphere in which he breathes with difficulty. The general election in 1885 proved to Mr Gladstone that the Liberals were powerless against the Conservatives and the Parnellites combined. Accordingly he determined to engineer a split, and by attaching to himself the Parnellites, again to succeed to power. But in order to achieve this, he had, perforce, to steer between the perplexing Charyb- dis of Liberal secession and the obstructive Scylla of Parnellite refusal. He escaped Scylla, but became en¬ gulfed in Charybdis. Stanch Liberals sided with Con¬ servatives to withstand this degradation of Ireland. Weak Liberals thought there must be something good behind this apparent degradation, or the Parnellites would not accept it. There was indeed something be¬ hind ; but was it good ? The Parnellite idea is supported by three among other classes of persons, each class honest and deter¬ mined in its own policy. One class has high-flown ideas as to Irish independence; the second seeks to discredit and damage the British Empire ; and the third seeks, if we speak bluntly, an easy livelihood. Each class leads honest dupes in its train ; and the three may be known by the titles—Separatists, Eenians, and, for want of a better word, Dollarites. Separatists regard Home Pule as a stepping - stone to independence; Fenians and Dollarites unite in rejoicing at the politi¬ cal degradation for Ireland involved in Mr Gladstone’s scheme, for the common reason that there is thus created a new and great grievance for Ireland. The Dollarites are shrewdly clear on the point that the Introductory. 11 political agitation, which alone brings them dollars, can only thrive on some tangible grievance. The old griev¬ ance of religious tyranny has been disestablished, and there is serious prospect that the wicked landlord will soon cease to trouble. “ Kackrenting ” and “ evictions ” have for long been the “ open sesame ” to the hoarded earnings of the farmers in Ireland and of the servant- girls in America. Mr Gladstone speedily devised a system of dual ownership of the soil in Ireland, where¬ by that growth of freedom, “ private property,” which permits a man to own land and even to allow others to use it, was to be declared null and void. Mr Glad¬ stone persuaded Parliament to enact that in Ireland those who were allowed by the owners to use other people’s property were to become part owners of that property. This created turmoil and trouble, specially gratifying to the grievance-mongers. But now Parlia¬ ment seeks, so far as may be possible, to make amends for its misdeeds and put an end to this dual ownership; and it needs no prophet to show that in so far as this task succeeds, in so far an end is put to “ rackrenting ” and “ evictions.” But the Dollarite must live, and he can only live by sowing some fresh crop of grievances. The Dollarites and Fenians at once saw that Mr Gladstone’s specific, even in its treatment of customs taxation alone, offered to Ireland all the right of re¬ bellion and separation, once asserted with success by the United States. It was equally evident that in its treatment of police and defence questions, the scheme would absolve Ireland from all responsibility in repel¬ ling foreign invasion ; and, in its denial to Ireland of any voice in the control of imperial affairs, it would jus¬ tify Ireland in sullenly standing aloof in grave national 12 Introdmtory. difficulties, and holding that, with no constitutional part in treaties or declarations of war, she had a right to reinaiir neutral, even if not to become the active friend of an enemy. In addition, at every turn of the tide of material prosperity Ireland would with force throw all blame on her exacting mistress. In brief, Ireland would have a stock of material and well- founded grievances sufficient to win the sympathy of all civilised nations, and to fill the pockets of the Dollar- ites for centuries to come. How soon such a system would bring Ireland to industrial and commercial ruin, or lead to political separation, it is not my present purpose to determine. But, taking it at its best, it is obvious that Gladstonian Home Kule, being the very antithesis and negation of self - government, would be the greatest curse with which Ireland could be saddled. There is another point too often overlooked. Mr Gladstone, frequently defeated as to details of his Home Eule scheme, at once seeks to cover his retreat ill the confusing assertion that all he requires is that “ the Irish should manage Irish affairs in Ireland.” This is a well-rounded period; but if we analyse its terms we shall find ourselves at a loss as to its mean¬ ing. Before such a problem can be brought into the arena of practical politics it is necessary to define what Irish affairs can be managed by the Irish in Ireland. As a matter of fact, the most important Irish affairs are inextricably mixed up with English affairs, and can be best managed by common action between English and Irish in some one common Parliament and Government. In foreign policy, defence, taxation, maintenance of law and order, loans, credit, and other leading political matters, it is obvious that Irish affairs Introductory. 1 ?. cannot be successfully separated from English. These are matters in their very essence common to the two islands, and they must accordingly be dealt with by some common authority. And as in political, so in commercial affairs—iir trade, investments, land legislation, railway control, harbours, fisheries, and so forth—there is a close net¬ work of mutual action and advantage which ties Eng¬ land to Ireland and Ireland to England, and which can only be cut away to the abundant injury of both. It is a network which has become more than ever possible and essential, in consequence of the more intimate and closer intercourse that follows as steam and electricity disestablish distance and time. There remains, indeed, a residuum of purely Irish and a residuum of purely English affairs, which can best be controlled and man¬ aged by Irish and English in Ireland and England respectively. But this is a phase of the local govern¬ ment question which is to be dealt with next session, and which does not involve either the degradation or the separation of Ireland, but merely the reform of existing administrative machinery. It is useful to remember what manner of self-aovern- ment Ireland at the present enjoys. To state the case briefly: Ireland has, in the first place, even more than her fair share of representation in the sovereign Parlia¬ ment of the nation. In the second place, the Irish in Ireland to a large degree manage local Irish affairs in Ireland. The cities and towns and harbours, and the county poor-law affairs, are managed by elected bodies; while, ill other matters of county government, the nomi¬ nated county cess system is the successful counterpart in Ireland of the quarter-sessions system in England. In Ireland there is, indeed, more centralisation in 14 Introductory. regard to control of local administration than there is in England ; and the control of the police and responsi¬ bility for the maintenance of law and order rests essen¬ tially with the central authorities. Thus the problem fines itself down into possible improvements of Castle control and police management. We will not here discuss either reform; but they will, no doubt, receive adequate and full consideration ill that general Local Government Bill for the whole United Kingdom, which is to he a main work for Par¬ liament. It is probable that much may be done by throwing on localities a more direct and full responsi¬ bility for the local maintenance of law and order. But it may not be forgotten that much of the Castle control of local administration arises out of the fact that Gov¬ ernment financial assistance, by way of loans and ad¬ vances on the imperial credit, is far more general in Ireland than it is in England. Eor instance, to the five million inhabitants of Ireland fifty-two millions sterling have been advanced in local loans, whereas to the thirty million inhabitants of Great Britain there have only been advanced fifty-five millions. It is also to be borne in mind that whereas eleven millions of these loans have been remitted to the five million Irish, only one and a half million have been remitted to the thirty million inhabitants of Great Britain; so that the Irish owe a debt of gratitude of, at the least, some eight or nine millions sterling to the taxpayers of the United Kingdom. Ireland always has been, is now, and, we fear, will continue to be, the battening-ground of agitators, who can only batten on grievances. But the agitators com¬ mit a great error in forcibly withstanding the law, though probably their error is less suicidal than that of Introductory. 15 Mr Gladstone in indorsing such conduct. The British people retain an ineradicable pride in their system of representative government, that is now so many cen¬ turies old; and the backbone of this system is the hitherto unchallenged rule, that all laws made in Parliament by the representatives of the people must be obeyed. It is strange to have to restate so ele¬ mentary a truism. But it is one quietly ignored by Mr Gladstone in his latest phase of faith, and yet it is one tliat lies at the very root and foundation of parlia¬ mentary representative government, and it is one which the British nation will never abandon. The Blunts and O’Briens and Grahams may determine that the great majority is wrong, and that the law, being ob¬ noxious to their superior intelligence, must and may be broken. But the majority, tliinking otherwise, deal with them as with all law-breakers, and the will of the great majority of the people is a power not to be lightly interfered with. Thoughtless people have asked how it is that Mr Gladstone, an ex-Prime Minister of England, continues to agitate and declaim just as though the elected representatives of the people had not decisively de¬ clared against his Home Eule scheme,—a decision emphatically indorsed by the electorate at a consequent general election. The real reply is that ]\Ir Gladstone had, just before, emphatically laid down the law on the subject: “We have no right to question for a moment in this free country, under a representative system, that the vast majority of the representatives speak the mind of a decided majority of the people.” The time liad therefore arrived, in due course of his guiding “ policy of reversals,” for Mr Gladstone to act in diametrical opposition to the principle he had him- IG Introductory. self enunciated. Vast majorities in Parliament, speak¬ ing the mind of a decided majority of the people, cannot for one moment be allowed to block the way to the hasty ideas of one man. The cherished sanctity of the union of Church and State, or the authority of political economy, are conveniently forgotten or ban¬ ished to remote spheres if they obstruct the views of one man; and under the same provocation a similar fate awaits that corner-stone of the Constitution— representative government. Traditions, experience, polity,—-all must yield to the political whims and exigencies of one individual citizen, if only the nation would allow. Happily for the nation, although it can forgive and forget a great deal, it cannot forgive and forget all; and the time arrives, and indeed is now come, when the nation is alive to the dangers that threaten, and will boldly decline to abandon its Con¬ stitution or again to intrust its destinies to one who would, without compunction, substitute for representa¬ tive government one-man rule. At bottom, the British nation is true to itself and to its brightest traditions; and the poet of the British nation, in portraying the best British type, paints the true character of the nation;— “ Self-reverence, self-knowledge, self-control; These three alone lead life to sovereign power : Yet not for power (power of herself Would come uncalled for), hut to live by law. Acting the law we live by, without fear.” Thus we see clearly that the Unionist cause, re¬ garded, and rightly regarded, as the full contrary of Gladstonian Home Buie, means complete as opposed to emasculated self-government. As sucli, the Unionist Introductory. 17 cause will commend itself without fail to the robust citizenship of the British nation. It is true that to the weak-kneed, — to those who lack moral fibre—to those w’ho seek in politics some high priest on whom they may lean with as much emotional fervour and as little intellectual conviction as a Southern sefiora on her father-confessor, or an American Indian on his gyrat¬ ing medicine-man,—to these the emasculated form of self - government, perfected by Mr Gladstone’s self- deceiving ingenuity, may well commend itself. But, unless it has reached its dotage, the British public, as a wdiole, is morally too robust and politically too vigorous to bend the knee to any such degrading idolatry; and in the long-run it will burst all bonds of misrepresentation and hero-worship, and declining to abandon those political traditions and principles that have enabled it to attain its present condition of well- ordered freedom and widespread prosperity, the nation will assert with increasing force the rights and powers of its representative institutions, and its unalterable determination to repel wdth consistent and triumphant vigour all proposals that assail or endanger the integrity and unity of its great empire. GEORGE r.ADEN-POWELL, P. SOME INCONSISTENCIES OF GLADSTONIAN HOME RULE.' BY THE D U K E OF A E G Y L L. The whole Anglo-Parnellite alliance has been cautious, because disunited, on the subject of the inclusion or exclusion of the Irish members in the Imperial Par¬ liament. They have pretended to treat this question as one of detail. Yet nothing can be more clear than that almost everything turns and depends upon it. If the Irish members are to be kept as and where they are, then their so-called separate Parliament can be nothing but some provincial body possessing little more than the powers of a great town council or a great county board. This is absolutely inconsistent with the whole tone and language of the demand made by the Parnellite party, and seconded with fervour by their new Anglican ally. If, on the other hand, the * An extract from ‘Tlie New British Constitution and its Master Builders.’ By the Duke of Argyll. David Douglas: Edinburgh. 1888. 20 Sovie Inconsistencies of Irish members, being kept as they are in numbers, are to be restrained and limited as regards the subjects on which they are to be allowed to vote, then the whole scheme must be reconstructed from top to bottom, and a task must be undertaken which Mr Gladstone had declared to be beyond the wit of man. If, again, as a third alternative, Ireland is to be represented at West¬ minster by a limited number of representatives, sent as a delegation from its own separate Parliament, or from its separate constituencies—then we are landed in a federal constitution which is absolutely different in its nature from the proposal actually made, and as widely different from the ancient constitution of the United Kingdoms. Is it possible to retain any respect for the political judgment and knowledge of a group of men who play fast and loose with us upon such a subject as this— and who, manifestly, are not agreed among themselves on the fundamental principles on which the new British constitution is to be framed ? One prominent member of the party (the Earl of Eosebery) has lately spoken with ridicule and contempt of the very notion that the Irish members can be retained in the Im¬ perial Parliament after they have been established in a separate Parliament of their own, and asks whether they are to be summoned like waiters by the ringing of a bell when some question arises on which they are allowed to vote. Another member of the party, again, treats this kind of difficulty as a mere invention of the enemy, and intimates that the problem which passes the wit of Mr Gladstone is quite easily to be solved by the genius of Mr Childers. Such exhibitions as these cut deeply into any trace of confidence which might have been left in the know- Gladstonian Ifome Rule. 21 ledge and capacity of those who assume to guide us through a tremendous experiment. But there are other facts affecting quite as deeply our trust in them touching matters which, to us, are matters of honour and of conscience. For many years we have been con¬ sentient with them in recognising as a fact that the Irish party did not seem to be bound by the accepted doctrines of civilised societies in respect to property and personal freedom in the transactions of ordinary life. This was the only meaning and the only defence of such speeches as those delivered by our then leader in 1882. It was the only meaning and the only justi¬ fication of the Bills he then brought in for the repres¬ sion of crime and the protection of liberty; of the repeated testimony he bore to the urgent necessity which demanded them ; and of the strong action which, during three years, he took in the exercise of their powers. It was in continuous support and illustration of this fact, and of the terrible evidence which proved its truth, that Sir George Trevelyan and his successor in the Irish office were engaged night after night in the House of Commons, down to the very close of Mr Gladstone’s Government in 1885, in exposing the tyr¬ annies and crimes of the Irish Land League, and in exposing also the close connection between the politi¬ cal action of Irish members and the more conspicuous outbursts of crime. It was our absolute duty to remember these, among other facts, when the same Ministers come to present us with a new constitution, breaking up the Imperial Barliament, and setting up a separate Parliament and Executive for Ireland. It is always open to all men to change their opinions. But it is not open to any man to suppress facts when he undertakes a public 22 Some Inconsistencies of duty on which these facts have a direct and imme¬ diate bearing. We looked, therefore, for some features in the new constitution which might recognise the special facts so long acknowledged and so long proved by indisputable evidence. We found one such feature of it in the Land Bill. The danger to property was acknowledged there. No¬ thing else could justify or account for so formidable a proposal. The owners of land in Ireland—ranging from those who had bought property quite recently, under the direct guarantee and authority of courts appointed for the purpose, up to families whicli have been settled in Ireland for seven hundred years, and have been “ more Irish than the Irish,”—all these were offered the option of selling their property and clearing out of their native country if they were afraid to live in it under the new constitution. I am not under¬ valuing this offer. It was at least an honest one to make; but it involved a tremendous confession. It was absolutely demanded by honour if—but only if— all property in Ireland was to be handed over to a government which could not be trusted to respect it. There are some political proposals which speak for themselves. Their meaning cannot be misunderstood. No forms of language, more ingenious than ingenuous, on the part of a Minister in proposing them, can affect their significance. And this proposal was one of these. I fully admit that it was hardly and even unjustly treated ; but the man who treated it most unjustly was the Minister himself. Nothing could carry such a measure except the strongest sentiment of duty and of honour, and nothing could establish a case of duty and of honour except a frank confession that the new British constitution was to hand over all the holders Glachtonian Home Rule. 23 of property in Ireland to a government animated by the morality of the Land League. But this was ex¬ actly what it did not suit the rest of the Minister’s plan that he should acknowledge too distinctly. To this, and to another circumstance, we doubtless owe the extraordinary speech which ushered in the proposal. There was an interval of eight days between the introduction of the new Irish Government Bill and that of the Irish Land Purchase Bill. This interval had been long enough to show that Irish landowners generally were not disposed to be “ bought out ”—to desert their country, or to live in their old houses reduced to villas, and connected with nothing but some covers, some pleasure-grounds, and a garden. They could not be brought to believe so suddenly that this was really the only alternative left to their choice. The homes they loved and had lived in for generations, the property they had inherited, and all the associations connected with them, they clung to still. Every con¬ sideration of justice and generosity demanded that this feeling should be recognised and respected. It was at least natural, if indeed not actually meritorious. The obvious policy of any Minister, too, if he had a single eye to the success of his proposal, was to argue in the same spirit—to point out how much had been done to deprive ownership of land in Ireland of all that could operate hardly on the tenant-class, and that a high and honourable obligation lay on I’arliament to pro¬ tect owners in the enjoyment of what remained. In¬ stead of this, the speech of the Minister was little more than one long raking up of all old sores against Irish landowners, just as if every alleged grievance were still as operative as ever—just as if he himself had never introduced and carried any Land Bill, com- 24 Some Inconsistencies of pletely removing them, wliatever else it did. Formally indeed, and in words, the proposal was fonirded on “ serious convictions both of honour and of duty; ” but no argument was used to make clear wherein that obligation consisted, or whence it flowed, except, indeed, the offensive argument that the Imperial Legislature was 2 ^(^Tticeps criminis in all the alleged evils of Irish landed property, and that Irish landowners were to be regarded as “ our garrison ” in a foreign country. Yet some better argument than this was imperatively demanded to overcome the natural and inevitable objections which rose up from many sides against a pro¬ posal so large in itself and so revolutionary in the con¬ fessions it involved. If the speech had been specially directed to rouse a spirit hostile to the measure instead of favourable to it, no argument more ingenious could have been devised. And in addition to this tendency of the speech as regards its whole texture and direction, Irish members connected with property could not help feeling that the speech was delivered in a tone of great bitterness against those who refused to sacrifice their country and their homes. Then there was another feature in the handling of this matter, against which we protest firmly, as involv¬ ing assumptions of power and of right on the part of political leaders, in which it would be absolutely incon¬ sistent with our honour to have any share. I refer to the passage in an address to the electors of Mid- Lothian, issued May 1, 1886, in which the owners of property in Ireland were warned that “ the sands Avere running in the hour-glass.” Prophecy may be legiti¬ mate to political leaders, but not prophecy of the kind Avhich involves a threat. A mountaineer may warn a traveller in the valley beneath him that rocks or Gladstonian Home Rule. 25 avalanches are on the move. But if that mountaineer is a man who stands with cartridges and levers in his hands to loosen the stones and bring down the snow, then his prophecy becomes a threat. This is and nu;st be the position of a political leader who tells the own¬ ers of property that unless they do something that he bids them they will be ruined and despoiled. Some of us were consentient with Mr Gladstone in proposing, and we are all now in the position of having acquiesced with him in carrying, the most fundamental changes in landed property in Ireland. He did, indeed, just passingly, allude to these measures in his speech ; but he alluded to them as a subject on which he would not dwell, as “ it was beside his argument.” That, indeed, was true. It was beside his particular argument. But it was not beside the question to which that argument applied. It was strictly rele¬ vant to that question, and it condemned the relevancy of the argument he did employ, and the justice of the reproaches he levelled at the victims of his new policy. Nothing could induce us to be parties to the use of language implying such threats under the guise of prophecies. We do not assume the right to accuse others of any anxious violation of justice or duty. But we are firm in declaring that for ourselves, and in our own consciences, we never could be parties to the use of such language, or to the policy which it implies. We deem it contraiy to our duty to propose or to vote for any constitution which exposes private persons to plunder, and the loss of all individual freedom, with no other escape than the acceptance of evils and of commutation in money. All the dexterities of language by which the nakedness of such a proposal 26 Sovic Inconsistencies of was disguised, are devices with which we could not be associated even in the smallest measure. But if we protest against the manner in which this proposal was made, we protest, if possible, even more strongly against the manner in which it was withdrawn. If it was a proposal, once, or ever, made “ under serious convictions both of honour and of ‘ duty,’ ” it must remain an obligation in spite of any amount of reluc¬ tance or opposition on the part, either of those to whom the offer was made, or on the part of Parlia¬ ment. There is always one single and obvious alterna¬ tive open to a leader and a party who makes a proposal of this acknowledged character, and find themselves unable to carry it. They may relinquish a scheme which is thus deprived of a condition essential to its justice and its honourable character; or they may themselves cease to strive for office, or for the retention of office, when it can no longer be held except on the terms of abandoning such an obligation. But neither of these courses was the one actually taken. In making the proposal, words were used which seemed to proclaim that it was an inseparable part of the whole scheme. But this meaning was hedged by other words which reserved an outlet of retreat. The inseparability was cautiously declared to be “ in our own minds, and for the existing juncture.” Such, at least, is the account given of it since. But this is no inseparability at all. Such words conveyed no pledge whatever; and accord¬ ingly, the moment it became clear that Irishmen, such as the Pitzgeralds, and the Butlers, and the Hamiltons, and a thousand others, were loyal to the Union, and were not prepared to abandon their ancient position in their native country, the proposal of purchase was Gladstonian Home Rule. 27 ostentatiously withdrawn, as if with the exultation of men to whom an opportunity has been happily opened of shaking themselves free from an acknowledged but inconvenient obligation. It is now declared to have been “ swept ruthlessly off the held of present action.” “ The twinship ” of the two Bills is denounced as “ hav¬ ing been for the time disastrous to the hopes of Ireland,” which means disastrous to the hopes of the Parnellite alliance. Therefore, it is added eniphati- cally, that this twinship “ exists no longer.” But a new bargain is advertised. The twinship of the two Bills being dissolved, the author of them is free to make another twinship, more close and intimate —the twinship, namely, between his own party and the party of Mr rarnell. Let Home llule be granted without any such clog on its operations. Let the owners of property who have opposed the Purchase Bill look out in future for themselves. It will, Mr Gladstone confesses, need all their vigilance for the purpose of preventing the adoption of schemes of land purchase founded on principles very different from, and indeed opposite to, those of the Bill lately con¬ signed to the limbo of abortions. What can this mean ? Who are the men from whom this danger is to come? Is it from the proposed separate Parliament in Ireland ? Then are we to understand it to be now confessed that property in Ireland is to be left to the doctrine of spoliation ? And how is this warning threat to be reconciled with the declaration that the safeguards for minorities which had been proposed were not provided in consequence of any mistrust entertained by IMr Gladstone, but only “ in consequence of mistrust entertained by others ” ? 28 Some Inconsistencies of What are we to believe? Is there, or is there not, just cause for apprehension to the owners of property if they be left to be dealt with by a separate Irish Parlia¬ ment ? Is it true, or is it not true, that danger to them would be so real that our honour and our obligation demanded the most onerous, the most unusual pre¬ cautions 1 Or is it true, on the contrary, that all such precautions were merely “ contributions to disarm hon¬ est, though unfounded, jealousies”? Or, lastly, is it true that one at least of these unfortunate minorities is only too probably to be exposed to the obscurely worded but darkly foreboded dangers shadowed forth in this angry passage ? We dare not follow any leader who leads us thus. We dare not dissever the duty of devising special measures for protecting individual freedom and pro¬ perty, and all the privileges of British subjects, when we are devising other measures which, as we know and confess, will expose them to special dangers. We have a right to know what is meant by all this language of menace against men whom, along with all other men, it is the absolute duty of responsible statesmen to protect in all their just and legal interests; and we ask whether it has indeed become part of the creed of the reorganised Liberal party that, when any class of men exercises its right to judge and act freely on great con¬ stitutional proposals, they are to be thus threatened, and, if possible, bullied into acquiescence. Then there is another feature of the conduct and language of the new Parnellite alliance on this subject, which is indeed less offensive, but is very little more worthy of respect. They do not openly deny, or pre¬ tend to deny, that an Irish Home Kule Parliament would so act, or would probably so act, as to endanger Glnilstonian Home Rule. 29 property and attack the fundamental principles on which it rests. Yet they do not like—it does not suit their game—to say so openly. They fall back upon the device of representing the whole land question as one too heavy to be thrown on the shoulders of the new Irish Parliament. In pure charity and kindness we ought to take it off their hands before we start them on their way. This is one of the methods of expres¬ sion adopted in Mr Gladstone’s first speeches on the subject, and it is one by which Lord Spencer has been frequently of late escaping from inconvenient avowals. But here, again, we cannot ourselves consent to employ these evasions. If the new Irish Parliament cannot be trusted to deal with this subject, it must be because they are not expected to be bound by the ordinary laws of civilised society. And if this be true of this par¬ ticular subject, what confidence can we have that it may not be equally true of their probable attitude on many other subjects ? Moreover, as agrarian questions are the main questions affecting Irish society in all its phases, what guarantee can be given—what reasonable hope can be held out to us—that the new Irish nation¬ ality, with its new Parliament and its new Executive, will acquiesce—except for some purpose of their own, and for the moment—in its exclusion from powers of “ Home Paile ” over that very branch of legislation which interests and excites them most? Not only, therefore, the proposal of the Land Purchase Bill, but all the circumstances attending it, and espe¬ cially the language attending its withdrawal, prove to demonstration that our former leaders who undertook to draw up a new British constitution in sixty-six days, have not only completely broken down in tlie attempt, but that they have exhibited a character in 30 Some Incmisistencies of respect to the most solemn public obligations which must inspire us with profound distrust. In seeking to probe these questions to the bottom— as it is our absolute duty to do—there is one considera¬ tion which we cannot forget. The Irish members of the Parnellite party had agreed to the plan by which they were to be excluded from the Imperial Parliament and all its concerns, and were to be relegated to a subordinate Parliament in Ireland, limited to affairs “ exclusively Irish.” They had thus “ sold their country,” in a sense which can never be applied, even by the most rabid opponent of Mr Pitt’s Union, to the Irish members who voted for that measure in 1800. It cannot be asserted that they divorced their country from imperial concerns. On the contrary, for them at least, it must be owned that if they gave up something for Ireland as regarded a separate legislature, they gained for Ireland, on the other hand, and for the first time, the splendid privilege of an equal proportionate share in the government and legislation of the noblest empire in the world. But these Parnellite members were sacrificing that position after it had been attained ; they were sinking their country again to a position distinctly lower, subordinate, and tributary. And for what ? What was the price they were to get for this great surrender ? Nothing was said, but much might be suspected. Was it the opportunity for that which Mr Gladstone had himself denounced as plunder ? What proof had he given, or even suggested, that there was any fundamental change in the aims and objects of the Irish party ? Did he not himself point out, in the very speech in which he expounded his new plan, that crime was rife in Ireland, and the law was Gladstonian Home Rule. 31 not maintained ? The pretext that this arose from the “ foreign character ” of the law, was a pretext which suggested changes in that law to suit ideas which, by contrast, might be native. And what were these ? The ideas of the Land League ? Let the ghastly spec¬ tacle reply of that old man in the wilds of Kerry, who was lately nursing a small farm for his daughter’s husband, and who for this crime has been murdered in the most cruel and brutal manner,—his limb shat¬ tered by repeated shots, left in agony where neither doctor could reach him to relieve his body, nor priest have access to soothe his soul, until death put an end to his misery with his life. Such deeds as these are deeds that have a significance far beyond what is called “ ordinary crime.” Irishmen are accustomed to boast sometimes that in Ireland “ ordinary crime ” is small. But the crime which is common is precisely that which affects the character of large portions of the people, because of its indicating either a wide prevalence of popular sympathy, or else a wide submission to tyranny and terror. But both of these are precisely the con¬ ditions which sound the most warning of all notes against the safety of intrusting to the rulers in such a community the lives, liberty, and property of their fellow-subjects. And this brings me to one feature in Mr Gladstone’s course which may well inspire us witli special distrust. We have seen that when he proposed his own Pre¬ vention of Crimes Bill, he emphatically declared that it was less the murders and outrages perpetrated on the wealthier classes, than the sufferings of the humble and the poor under the tyranny of the Land League, which had induced him and his colleagues to apply for special legislation. This description of the facts Some Inconsistencies of was true, whatever we may think of the value and the virtue of the distinction drawn. And this fact continued to be true in 1886, as it continues to he true, at the present moment. Nothing in the conduct and language of the Anglo-Paruellites is more unjustifiable than the new pretence that Irish crime is chiefly con¬ nected with exorbitant rents and unjust evictions. They know perfectly well that crime is most rife against and amongst the poor, as a means of enforcing the tyranny of the League upon thousands who would gladly escape from it if they could or dared. They know perfectly well that in a large part of Ireland the organisation is so complete that there is no sort of independence among the mass of the people. They know that this tyranny enters into the field of politics, and is specially directed to securing an exclusive sup¬ port to the leader of the organisation. Yet it is under these conditions that our former leader has called on us to break up the Parliament of the United Kingdom, on the plea that Ireland as a nation has finally and unequivocally declared that she seeks Home Pule by an overwhelming majority of her representatives. On general grounds, and without circumstances very special, we might fairly demur to accepting such a necessity as that of rebuilding the British constitution on the strength of sudden general elections on a new franchise, and the result of which is, after all, far from unanimous. Fundamental changes going, by admission, down to the very roots of the constitution, both civil and political, are not changes which can be safely determined by plebiscites. Probably the Avorst Govern¬ ment which has ever been set up in modern Europe— that of Napoleon III.—was founded on a plebiscite which, I believe, was perfectly genuine, and quite as Gladstonian Home Rule. 33 ndependent as any sucli vote can be said to be. The impulses under which the masses can be got to vote away the liberties of others, and their own, are im¬ pulses as numerous as they are unsafe. But in this particular case of Ireland there are a multitude of very special circumstances which detract from the value and significance of the popular vote. In the first place, a very large part of the voters are extremely ignorant, and had only just been admitted to the franchise. The exercise of such a power for the first time by a people wholly unaccustomed to, and unfitted for, de¬ liberate thought upon the deepest questions affecting society, must be an exercise peculiarly liable to error. In no country in the world, perhaps, certainly in none of the old countries of Europe, would it be reasonably safe to be guided by such a vote in such matters. But in Ireland, we know as a fact that this class is now widely under terror—dominated by secret societies which visit all who are honest and independent with violence, outrage, and persecution. We know that a very large percentage were so ignorant that they even belong to the class formally declaring themselves to he “ illiterate,” and unable to sign their names. We know that the votes of all these men were under the direct control of agents of the Land League, who attended at the polls to keep them in obedience. Under such conditions, even if the vote had been much larger and much more unanimous than it was, it would be absurd in any rational statesman to quote it or describe it as a deliberate decision of the people of Ireland, on the strength of which we are to unsay all that we have been saying, touching questions of duty and morality, or to enter into a conspiracy of silence on facts which we had all been quoting as equally in- c 34 Some Inconsistencies of disputable and important. Yet this is the course taken by the Anglo-Parnellites. There is something specially suspicious in the vehemence with which Mr Gladstone, from the first moment that the elections were over, began to reiterate that Ireland had declared its mind in a manner that could not and ought not to be even for a moment questioned. Politicians are very apt to be thus specially dogmatic and enthusiastic on some point which their inner conscience tells them is dangerously weak. It is instructive to observe the very different spirit in which Mr Gladstone has treated the verdict of the people of Great Britain at the polls. He falls upon that verdict fiercely with all the resources of his arith¬ metical faculty, and absolutely refuses to accept it as justifying even a momentary suspension of his efforts to reverse it. There is nothing even tolerable—far less anything so sacred as to be above criticism—in the verdict of the people of Great Britain. But the Irish populace — to a large extent poor, ignorant, League- ridden, cowed, and systematically intimidated — are to be taken at their first word, and without a murmur. Setting aside altogether the notorious fact, that the commercial and generally the educated classes in Ire¬ land are on the side of the Union,—setting aside the argument that in such questions as the framing of a new constitution for a whole people, those classes ought to have special weight,—we cannot admit such an overwhelming preponderance, even of the ignorant, as has been assumed. The facts and figures connected with the Irish elections in 1885 are in glaring con¬ tradiction to this assumption. There were 78 contested constituencies. The total number of electors in these was 585,715; of this total only 295,269 voted for the Parnellite candidates, which is a very small majority Gladstonian Hovie Rule. 35 indeed on such a total. The remaining number is made up of more than 145,000 votes given for the Unionist candidates, and the enormous number of 145,361 votes not given at all—owing to the intimida¬ tion exercised on the voters. The total majority over the Unionists, and over those who did not dare to vote, has been stated on good airthority at the quite trifling amount of 4823. Nothing but the most reckless passion and fanaticism could represent such a vote as this—given under such conditions, and amongst such a population—as one which we must instantly accept as expressing the deliberate decision of the whole Irish people, and as compelling us to break up our Parliament and to rebuild our constitution. This wilful and passionate determination not to look, even for a moment, behind the polls in the Irish elections, when it is notorious that undue influences were powerfully exerted there, stands out in marked contrast with the equally passionate determination to analyse in the most hostile spirit the electoral returns from Great Britain, which were at least immeasurably more honest and more independent. And this is all the more significant for us when we note the purpose or intention wuth which these contrasted modes of dealing stand in very clear connection. The return of some forty-five Parnellite members more than had been returned before is the ostensible ground, and the only one, upon which our invertebrate leaders defend their great change in the recognition both of duties and of facts. We do not deny that the existence of such a large party in the House of Commons, which is bent on breaking up our Imperial Parliament, is a serious and dangerous evil. But we do deny that it throws any new light whatever on the ultimate aims of that party. 36 Some Inconsistencies of Gladstonian Home Buie. or on the methods which it employs. On the contrary, all the circumstances connected with its operations confirm our former estimates of that character and of those methods. Superior force or insuperable diffi¬ culties may compel us to change a policy, but it cannot justify us in following men who, without one particle of evidence, retract all that they and we have been saying for years on matters of fact and on principles of moral obligation. It is quite intolerable alike to our perceptions of truth and to our sense of duty, that on the mere fact of some forty-five men being returned by a very ignorant population, under the most violent pressure and the most immoral guidance, we should not only cease to fight, as we have long done, against the breaking up of Parliament, but that we should pretend to absolute conversion, and become the close associates and intimate allies of those whom we have so justly and so constantly denounced. ARGYLL. PLAIN PPINCIPLES OF LIBERAL UNIONISTS. BY THE EARL OF DERBY. Whether we look at it from the point of view of numbers, of the variety of classes and sections which it represents, or of the determination and unanimity which has prevailed and now prevails among the mem¬ bers of the Liberal Unionist party, it is itself an answer to the often-repeated fiction that the defenders of the Union are growing fewer in numbers and feebler in conviction. Exactly the contrary, in my view, in this case. In the constituencies, especially in Scotland, there is an undoubted gain. There has been no ap¬ preciable loss of parliamentary power, and that is something, for the well recognised tendency of parlia¬ mentary majorities, on whichever side they may be, is to diminish as time goes on until a new election brings a fresh shuffle of the cards. The constituencies were ^ Extracts from a speech delivered in London at the Liberal Union¬ ist Conference, December 1887. 38 Plain Principles of Liberal Unionists. appealed to last year, they gave a decisive answer, and there is absolutely nothing to show that when they are appealed to again, their answer will not be in the same sense. There is only one real danger ahead as far as I can see. It is that the public may become so utterly wearied and disgusted with the subject that they will say, “ Settle the Irish question anyhow—only settle it somehow, that we may hear of it no more, and have leisure to mind our own affairs.” Well, I think that is not a purely imaginary risk. And I see only one way of meeting it. That is, to make people clearly understand that the simple concession of an Irish Par¬ liament would be no settlement at all, but only the beginning of a fresh agitation quite as troublesome as that which we now have to deal with. Is there to be an Irish Parliament subject to the control of the Im¬ perial authorities ? Why, that is exactly the state of things which even in the last century Irishmen rebelled against as intolerable. Is it to deal with legislation only—that is one proposal—and not have the Execu¬ tive responsible to it ? Why, that is exactly the system which formerly prevailed in all our leading colonies, and which was the subject of constant complaint till it got itself abolished. If you want to satisfy the feeling of Irish nationality, you must at least put Ireland on the footing of Canada or Australia. Those are the lowest terms. You cannot buy Irish content at a cheaper price. But that is going far beyond Mr Glad¬ stone’s proposals of 1886, and unless you mean to go that length, which, as far as I can see, nobody does, what do you gain by a change ? I do not believe that the existing discontent will be perpetual. People very soon cease to cry out for what they know to be out of Plain Principles of Liberal Unionists. 39 their reach. Look at the Southern States of the Ameri¬ can Union. They are pacified ; they do not mean to break out again. Were they pacified by getting all they wanted ? No, but by finding out that they could not get it, and that they must go without it. Why should the Irish be harder to convince, if—and there is the question—only we in England are equally sure of our own minds ? I will not rehearse at length the commonplaces of this question. If majorities have any rights, it needs no argument to prove that thirty-three millions have a right to overrule three millions in a matter which con¬ cerns them all. If local feelings are to be considered, Ulster has as good a claim to protest against being gov¬ erned from Dublin as Dublin has to protest against being governed from London. If we have been right in thinking, as we have thought for two hundred years, that parliamentary government was the best guarantee for freedom, it surely cannot be wise to weaken the House of Commons by practically taking from it the control of the Executive in Ireland. And more, remember that what you do for Ireland you may be called upon to do, probably for Scotland, certainly for Wales. Are you prepared for that ? Are you prepared to have four local Parliaments instead of the one we know, with perhaps a Federal Council over all ? That seems to me the most extraordinary and the most suicidal idea that Liberals can possibly take up, I do not suppose there are many absolutists left among us. I mean by absolutists people who think that the Crown ought to be the dominant and supreme power in the Constitution; but that is exactly what our Home Pule friends are leading us to. Destroy the present House of Commons, turn it into a body dealing merely 40 Plain Principles of Liberal Unionists. with federal affairs, and what becomes of Ministerial responsibility ? To whom are Ministers to be respon¬ sible ? Given one Supreme Executive for federal pur¬ poses, four Executives for the separate countries, and four local Parliaments, is it not perfectly clear that in all this chaos of conflicting jurisdictions there would be nowhere any body of men capable of directing and controlling national policy as the House of Commons does now ? I can only hint at that difficulty, but I think that in all this controversy it has scarcely re¬ ceived as much attention as it deserves. But then we are told, “ Nobody wants to meddle with the House of Commons ; the local Irish Parliament which we propose is intended to be in strict subordination to it,”—and the precedent of the colonies is quoted. Now I am almost ashamed of repeating what has been said so often be¬ fore—but what possible resemblance has the case of the colonies to that of Ireland ? Parliament has a right, it is said, to overrule the decision of a Canadian or an Australian legislature. Certainly it has—on paper— and it might do so once; but it assuredly would not have a chance of doing so twice. Our great colonies are separated from us, one group by 3000 miles of sea, one by 6000 miles, one by more than 10,000 miles. Is that the case with Ireland ? Notoriously, if Canada or Australia wished to leave us — I am very glad they do not, but if they did—we should not dream of re¬ taining them by force. Will any man, even Mr Glad¬ stone, say the same as to Ireland ? Notoriously, the colonial feeling is one, notwithstanding occasional and passing differences, in the main of warm attachment to England. Can any man contend that that is the general feeling of the Irish people ? And if all these points of difference be admitted — denied they can- Plain Principles of Liberal Unionists. 41 not be—what is the value of this colonial precedent or parallel? Look at it another way. Our friends say they are going to give the Irish a Parliament which is to be strictly subordinate to that which sits at Westminster. Do they mean that or not? If they do mean it, can they—can any one who reads Irish papers and listens to Irish speeches—suppose that a big vestry of that kind will be accepted by the Irish people as a s’ettle- ment of their claim ? And if they do not mean it—if they perfectly well know that the restrictions, the limi¬ tations of power, the appeal to the House of Commons, would all vanish into air when their reality came to be tested—is it quite fair to ask us to accept a scheme which will not and cannot work; to offer it as a settle¬ ment when they must be well assured in their own minds that it is no settlement at all—that it is only a device to induce England to make concessions which, once made, cannot be withdrawn, and which necessarily involve larger concessions in the immediate future ? I do not know what others may think, but I at least will speak plainly. I believe that if you allow any set of men calling themselves, or being called, a Parliament, to meet in Dublin, no matter how restricted you may intend their functions to be, that body will be accepted as the only body capable of making laws that shall be binding on Ireland, and then all control from this side of the water is gone. Now, we do not mean that that shall happen if we can help it; at any rate, we can make sure that it shall not happen without the English people understanding thoroughly what is proposed. The decision rests with them; but they might j ustly reproach us if they came to a decision without full knowledge of what they were doing, and under the 42 Plain Principles of Liberal Unionists. influence of misrepresentations, whether intentional or not. Now, let me say one word on a part of the question with which English Home Eulers are very fond of dealing. They tell us, “ You have no right to govern a people except by its own consent: you are governing Ireland by coercion, and not by consent.” Well, I suppose we should all agree that it is very desirable that government should carry with it the good-will of the largest number possible of the governed. But when our friends lay it down as a general and indisputable law that every people, or fraction of a people, shall have the form of government it prefers, I think they are proving too much for their own purpose. Look at it in this way. They disclaim, very vehemently, the name of Separatists. They are indignant at the idea that they favour separation. But suppose the majority of the Irish people desire separation ? It is not at all clear to me that they do not. At all events, I should be very sorry to test it by a. pUhiscite. Would our friends defer in that case to the wish of the majority, or would they not ? If they would, what becomes of their assurances to us ? If they would not—they say so, and we are bound to take their word for it—what becomes of their principle ? They are not fighting, by their own admis¬ sion, for whatever the Irish people may think best, but for what they think best for the Irish people. Well, so are we. The principle of action is the same in both cases ; the difference is in the application. They would not yield to an Irish demand for a separate army, a separate navy, a separate diplomacy. We think a sep¬ arate Legislature just as dangerous, and that in the end it will lead to all of these. Then we come to the old plea, “ Irish opinion is all Plain Principles of Liberal Unionists. 43 but unanimous against you.” Well, I admit that the state of Irish opinion is the strong point of the Home Rulers. They have not many strong points, and we can afford to give them one. But there are two considera¬ tions which we ought to bear in mind. One is this— even in these democratic days you cannot assume an absolute equality of importance among all voters. We admit that Irish Home Rulers have on their side a numerical majority; but it is far less than it appears from the parliamentary representation, because our system ignores the local minority in each constituency. I believe the real numerical proportion to be under, certainly not to be above, two to one. But I cannot ignore the fact that among the minority are to be found nearly all the elements, except simple numbers, that make the greatness of a country. Lord Hartington, with his recent Dublin experiences, can tell you more about that than I can; but, after all, when you have three-fourths of the capital, of the intelligence, of the culture, of the industrial enterprise of a country on your side, that is at least something to set off against a hostile majority in the least instructed and most preju¬ diced class. But there is another way to look at it. Why are we to assume that what is now the case must always be the case ? Why are we to give rip even the Irish peasantry as irreconcilable ? Why, the changes of the last twenty years amount to a social revolution. No man, whatever he thinks of their merits, can treat them as slight or unimportant. The ascendancy of the Church was com¬ plained of, and it has been swept away; the land system was complained of, and it has been dealt with in a spirit more favourable to the tenant than would have been shown by any Legislature in Europe,—and are we to 44 Plain Principles of Liberal Unionists. suppose that these changes will produce no effect on popular feeling? You may ask, “Why have they pro¬ duced none as yet?” I answer, partly because they are lost sight of in the prospect of much larger changes; partly because, as we all know, it takes time for a popu¬ lation to realise a large alteration in their condition. The sea continues to run high long after the wind which raised it has gone down, but we know that if no fresh storm springs up it will calm in time; and, for my part, I refuse to believe that when every tangible grievance has been removed, the dream of a separate nationality which has no historical existence will continue to influ¬ ence Irish minds. We do not in England allow enough for the worship of force and success—the desire to be on the winning side, which exists, I suppose, wherever human beings are found, but which is stronger in Ire¬ land than in most parts of the world. English support has made many Irishmen believe that Home Eule is winning, and they have rushed over to what seemed the strongest party. Let them see that they were mis¬ taken in their belief, and they will fall back, the great majority of them (I do not say all; I admit that there are among them many sincere fanatics), as quickly as they came on. There is one other point which I cannot pass over. We hear a great deal of the wickedness of coercion, by which, of course, is meant the exceptional legislation of last session. Well, I do not care to argue a merely personal question, and it is hardly worth while to point out—because it has been done so often—that the coer¬ cive measures of 1882 were a good deal more stringent than those of 1887. That is only by the way. But when I hear coercion denounced, I am reminded of the man who, when the question of capital punishment was Plain Principles of lAheral Unionists. 45 discussed, said, “ I am all for doing away with the death penalty; but let the murderers set the example.” I suppose we all dislike needless coercion, though coer¬ cion in some form is only another name for civilisation; but is there no other coercion than that of the law ? What about the coercion of the League ? I believe that to the bulk of the quiet and peaceable inhabitants of Ireland what is called coercive legislation has brought, and is bringing, not restraint, but freedom—freedom from the daily and nightly fear of violence ; freedom to sell to whom they please, and associate with whom they please ; freedom to dismiss a workman or a servant, or to enforce the payment of a just debt, without danger of secret and savage revenge. Of this I am sure—no Government can allow a system of anarchy to go on, and the Government of a popular and democratic State less than any other. We are accustomed to quote the United States as the typical democracy of the world; but if in New York or New England disturbances like those of Ireland had been attempted, depend upon it they would have been put down far more roughly and summarily than they have been here. I do not wish to weary you, and I will not add more than one word on that difficult and important question of land purchase. We have not as yet formulated any policy in regard to it, and I hope we shall not be in a hurry. The difficulties are immense. You cannot pledge English credit, because Parliament will not let you. You will not easily find an Irish security on which so large an amount of money will be advanced. And even if you succeed, it is a questionable experi¬ ment to have the State for sole landlord or sole creditor, whichever you call it, and the whole body of the ten¬ antry for debtors. Personally, I lean rather to the 46 Plain Principles of Liberal Unionists. opinion lately expressed by Mr Bright, and I should like to see, before trying such a gigantic operation as buy¬ ing out all the landlords, whether less costly and ambi¬ tious measures may not answer as well. My belief is, that the facilities given by Lord Ashbourne’s Act are likely to be taken advantage of much more than they have been, if once you can drive out of the mind of the tenant the idea which is now fixed there—that he can get the land without paying for it. Of course, till that delusion is dispelled no Act will be of any use. They will not pay for that which they expect to get for noth¬ ing. When they realise the fact that we do not mean to commit robbery, or to allow it, they will come forward as buyers, and then it will be time enough, in my mind, to see what larger facilities they require. There are parts of Ireland which may require special treatment —what are called the congested districts. Well, treat them specially; give your medicine to the sick, but do not force those who are not sick to take it too. It is often said by Home Eulers that urn are not en¬ titled to the name of Liberals, because we hold the opinions which the whole party held up to 1885. Well, it seems eccentric, to say the least, to deny the name of Liberals to Mr Bright and to Mr Chamberlain, not to mention our friend Lord Hartington. But I do not believe our Home Eule friends, whatever they may say, will try to read us out of the party. They would lose too much. They would be cutting off their noses to spite their faces. We remain what we have been from the first—an independent section, prepared to defend the Union, but abandoning no principle which we have professed. We are for free trade, for peace, for economy. We support the present Government as against Home Eule, but we support them as allies, not as colleagues. Plain Principles of Liberal Unionists. 47 I end as I began. Our destiny is in our own hands. Once let the English public really master this question, and we are safe. It is not an accident that, in a matter which does not specially concern any class, the over¬ whelming majority of educated Englishmen are on our side. The masses will be so too when they know the truth. It will be a sharp struggle, but it will not be a long one. We have a leader whom we trust; we have zealous friends; we have a good cause: and if with these advantages we do not win, the fault will be our own. DERBY. WHAT HOME RULE MEANS. BY LOED BEAMWELL. Bewaee of phrases. They are dangerous. In this age of inspectors it might be well that no phrase should be allowed currency till it had undergone in¬ spection, and been certified to be fit for use. “ Home Eule ” is an instance. Home Eule ;—why, a kind- hearted and generous disposition naturally says at first, “ Oh, certainly, we must have rule. Eule is trouble¬ some. It prevents people doing as they like, but that is necessary, because otherwise some people would do what other people disliked. But let us have the rule made and done at home, and it will be made and done in a way most agreeable to us. Well, but the Irish have not this home rule: the law and its execution are not made and done in Ireland, but else¬ where. Therefore give them Home Eule.” This is all very good-natured and plausible, but it is necessary to examine a little into this phrase. First, let us What Home Buie Means. 49 have the facts. The first and most important to bear in mind is, that England no more rules Ireland than Ireland rules England. Neither England, Scotland, Ireland, nor Wales, nor any two or three of them, rules or rule the others or other, but all rule the whole— just as much as England, without Yorkshire, and the other three countries do not rule Yorkshire, The rule is by the whole of each of the four countries. Now of this there is no doubt. And not merely is it true as stated, but it is true that the voters in Ireland have a larger share in the constitution of the legislature of the four countries which make up the United King¬ dom, and therefore in its rule, than the voters in the other three countries. The members returned by Ire¬ land are out of proportion to its population, wealth, and every other matter with which they might be reasonably compared, and in excess of Ireland’s share. But it will be said that if the size of Ireland and the number of its representatives is compared with those of Great Britain or England alone, that it is overwhelmed, that there are five times its number of representatives from the other parts of the United Kingdom, so that its voice cannot be heard. Rather a strange complaint after the last session ! It is true, however, that if the other parts of the United Kingdom chose to unite against Ireland, they could have their way against its unanimous voice. But if that is a reason for a separate rule for Ireland, see what are the consequences; follow out the argu¬ ment. It is equally an argument for Home Rule in Ulster. I am not supposing Ulster people want it; but I say if they did, the argument is as good for them. Ulster might be outvoted in an Irish Parliament by Leinster, hlunster, and Connaught — therefore Home Rule for Ulster. But further, Donegal, on this reason- 50 What Home Rule Means. ing, might claim Home Evile for Donegal. And I sup¬ pose there may be some district in Donegal that would want a Home Eule for itself separate from the rest of the county. Yorkshire might claim Home Eule from the rest of England. So also the Isle of Wight. I am by no means sure that that little island might not do very well apart, except that some foreign nation would snap it up. Ehode Island, in the United States, may, with one or two others, outvote New York; but New York does not want a separation. In brief, this is then an argument which forbids a nation— an argument which would isolate every village in a country and every home in every village. But it may he asked. Has the small country no remedy, if its laws are ill made by its associates which can outvote it ? Must Ireland have bad laws made for it by those who do not know or even care for its wants ? To this there are two answers. If the case is that the interests of part of a State are wilfully disregarded by the other parts, then it is idle for the first part to ask the others for an alteration. Of course they will refuse it. The same despotism which makes the bad laws will oppose the remedy. The only remedy, whether it is in Ire¬ land, Yorkshire, or the Isle of Wight, is rebellion, which should only be undertaken when sure to be successful. But there is another and a much better and more agreeable answer. We are dealing not with an aca¬ demic but a practical question. The other parts of the United Kingdom do not ioin in a conspiracy to outvote Ireland. They never have, they never will; and for this most cogent reason, they have no motive for doing so. They have nothing to gain by it. It is not a high- minded reason, it is a selfish one—but not wrong, and What Home Rule Means. 51 therefore may be relied on. The rest of the United Kingdom is interested in the prosperity of Ireland as much as in the prosperity of Yorkshire or Kent. Look at the number of members of the House of Commons at present supporting Irisli notions. Look at the legis¬ lation since the Union. I defy any one to point out a measure passed in relation to Ireland that was meant for the benefit of the rest of the kingdom to the hurt of Ireland—one that was not meant for her good. If proof were needed, it would be found in this,—those who call out for Home Eule can point to no wrong that requires a remedy; no grievance, unless as to the land, —which I will deal with presently,—to be redressed! When a reason for Home Eule was wanted, all that could be suggested was, that the law for Ireland should have an Irish garb. What was meant no one knows — probably not the speaker. Probably the words represented no definite idea. I say no practical grievance is brought forward. But the law—well, I ad¬ mit, I agree—I think if there was Home Eule the law would be changed. The landowners would be robbed of their property. I think that is the Home Eule ques¬ tion. That there are other reasons influencing some of those who wish for Home Eule I admit. There is that irrational hatred of tlie English—not a hatred of the present generation for what that has done, but a hatred for what past generations have done, or been charged with. There is also the desire for power, position, and the profit thereof in Parnell and his gang. But the main desire—the desire of the multitude—for Home Eule, is the plunder of tlie landlords,—that is, the transference of landed property from those who own to those who occupy it. This is the object of the great bulk of the Home Eulers. Little woidd they care for Home Eule, 52 IVliat Home Buie Means. or the garb of their laws, if they could get their land rent free. Probably they would be only the more anxious for a closer union with Great Britain as a market for their produce. Let there be no mistake about this. The object of the Irish farmer is to get the land free of rent—to get it at prairie value, and to get it for himself—not for the people at large, but for the particular present occupier, and for no reason. I do not deny that there is distress in Ireland; but it is a distress Home Rule could not cure. I doubt not that the small tenants in the West, with holdings under three acres, are distressed—many of them at least—but so they would be if they had their holdings rent free. The remedy, the remedy that was operating till Mr Gladstone’s wretched Land Laws, was the natural one. Five men were starving on five small holdings; four left, and the fifth got a living. Not so now. The operation of the new Land Laws and of the National League Laws is that all five continue to try to live there. No plunder of the landlord will remedy this. An Irish landlord said to me, speaking of some of these small holders, “ I get no rent, I ask for no rent, though I am not sure I am right. If I got my rent, they would starve at Christmas ; as it is, they starve a month later. To be sure, that is a month less of starvation.” But there are occupiers of larger farms who call for a reduction of rent. I do not say that these men have not suffered from the low prices of agricultural produce —many of them have. But I wholly disbelieve the great outcry that is made as to their cases. It cannot be true. It cannot be that the tenant’s interest in farms would fetch that price they do, if the holding of them were as ruinous as is alleged; it cannot be. Men What Home Rule Means. 53 do not give premiums to be ruined. Besides that, it is not true, as is shown in other ways. Deposits in hanks and in savings-banks, commodities consumed, and other signs, all show an increase in wealth. But it is need¬ less to go into these matters. Farms are at a premium, therefore worth having, therefore not ruinous. I ask, then, should Home Rule be created that the landlords may be plundered ? There are some persons who would care hut little if they were. This is a great mistake. I will not discuss the question now. I will refer to the speeches of the Duke of Argyll, and his work, ‘ Scot¬ land as it was and as it is.’ But I will ask any one of those who love the landlords but little, whether it would he endurable that when two men have saved a small competence for old age, the man who has bought railway stock should be protected and the other who has bought land should be plundered. For myself, I believe it would be most disastrous that the present set of landlords should be extirpated. For them would be substituted the present occupiers, an inferior race in every particular, and they would be the landlords—I say they would be the landlords. Infinite nonsense has been talked about landlordism. Rent exists in the nature of things, and cannot be got rid of. If a farm produces with the same capital and labour £10 a-year more than another farm, that £10 a-year is rent for the first farm in excess of any rent that may be right for the second. Give the farm to the occupier, he is his own landlord, and keeps the £10, not as a reward for his labour and capital, but as rent. I say, then, that Home Rule should not be created to get rid of the present landlords. Does any one think it would be right for the Imperial Parliament to pass such a law ? AVould any one, does any one, advocate 54 JVliat Home Ride Means. it ? Has even Mr Gladstone, witli his “ undeveloped conscience,” persuaded himself it would he right ? Far from it! When he brought forward his unhappy pro¬ ject of Home Eule he foresaw the danger, and guarded against it by his second Bill. Whether the Bills are dead or alive is doubtful. I think them dead enough to forget their details; but I believe that the United Kingdom at first was to find £150,000,000 (not in the Bill), then much less, with a power of increase, to be applied in preventing the plunder of the landlords. Well, but is Ireland to have no exclusive part in its own government ? Is it to go to London to the Impe¬ rial Parliament for the regulations of the streets of each town, and the support of its poor, and similar matters ? Certainly not. Ireland—its counties, towns, and par¬ ishes—should have the same Home Eule, the same local government, as to their affairs as exists in Eng¬ land and Scotland as to their counties, towns, and par¬ ishes, as far as it can be trusted. I put in this qualifi¬ cation, because it is certain that as to some matters of local government Ireland cannot be trusted. There can be no doubt that its elected poor-law guardians, and other elected boards, have deliberately violated their duties, and done what they knew was contrary to law. Nay, if asked, they probably avow and glory in it. The demoralisation of the country is such that the people have come to the conclusion that violation of the law is meritorious ; that those who, obeying the law of the land, perform their contracts, but disobey the law of the League in their neighbourhood, may properly be put to death. They have somehow got over the sixth commandment, as well as other considerations to the contrary. Their parents do not correct them. The three men hung at Manchester for the murder the most What Home Rule Means. 55 cruel murder, of a policeman, doing his duty in taking them to prison, are called martyrs by an archbishop. It is well to talk of trusting these men with power. They would misuse it. They would use it, not to suppress but to commit the crimes it should be used against. With this qualification, every man must be desirous to give Ireland the same self-rule, the same local govern¬ ment, that exists in other parts of the empire. But is this what would content them ? Would they be satis¬ fied with what satisfies England and Scotland ? Cer¬ tainly not. It is not easy to know what is asked for by them. It is a wonderful thing that the ringleader, Mr Gladstone, will not say. He says the question put to him is a trap. His proposal is that we should agree with him—that is, with his plan—without knowing what that plan is. Is not that a trap ?—a trap to catch all silly enough to trust him, however they might differ from each other. Is there any one of his followers who knows what he would have to agree to ? Is there any one who is satisfied that Mr Gladstone himself knows ? Is it the scheme in his two Bills ? Are they dead or alive ? If that is the scheme, I say that the Irish can only accept it as a stepping-stone to something else. The first Bill, that relating to legislation and govern¬ ment, was of so ofiensive a character that no Irishman of ordinary spirit could have submitted, could have agreed, to its passing, except as a step to something else. It would have justified rebellion ; it would have put Ireland in the condition of a conquered and subor¬ dinate country. But there are some simple-minded, credulous people who say. Agree to the general prin¬ ciple of Home Buie; vote for the bill on hearing its title; never mind about details — they must be settled afterwards; no harm is meant—nothing like 56 Home Rule Means. separation: see how moderate Mr Parnell is! how he accepted Mr Gladstone’s moderate proposals! &c. Whether Mr Gladstone believes this, I cannot tell. If he says he does, we ought in charity to believe him, however silly his belief may he. No one can believe that Mr Parnell believes it. He knows well that if he did his best honestly to work any plan of Home Pule short of separation, he would fail—not only because it is not what he wants, but because it is not what his associates, his paymasters, want. Has he not said, though he has denied it, that he could not rest till the last link was broken that united the two countries ? Is it not natural that he should wish to be King of Ireland, or President of an Irish Republic 1 Have not his asso¬ ciates said the same thing ? protested their undying and unextinguishahle hatred of this country and its people ? I say, a measure of Home Rule is either separation or a step to it. Ay, and not merely a separation of the two countries in other respects, but also in the sovereignty. The Queen of this country is not to be Queen of Ireland. Can this be doubted ? The Glad- stone-Parnell men refuse the decent civility of receiv¬ ing the Queen’s name with respect. “ God save Ire¬ land ” is substituted for “ God save the Queen.” One of the last things said in America by a National¬ ist is, “Allegiance lasts only till it can be thrown off.” But it is needless to argue about it. Separation must follow Home Rule. The Irish will never be content to be inferiors to the rest of the empire. I cannot blame them for this. But if there are two Parliaments, with equal powers in their separate jurisdictions, separation must follow. The executive is responsible to Parlia¬ ment, though nominated by the Crown. Parliament, therefore, is sovereign. Agreement between two sover- 'Wliat Home Rule Means. 57 eign Parliaments is as hopeless as between two sover¬ eign men. In time, more or less short, there will be a difference, which is separation. Take the possibility of war between Germany, Austria, and Italy united, and France. English sympathies might he witli the former, Iiisli probably would be with the latter. Where, then, is the union ? Oh, but it is said that is not what Home llulers, Mr Gladstone or Parnell, mean. I should he glad to be sure of that. But whether they mean it or not, others do, and would, as I have said, accept any measure of Home Eule only as a step to separation. Unless, then, we are prepared for an entire separa¬ tion of the two countries, we must refuse Home Eule, and every measure that would strengthen those who desire it. The question, then, is—Are we prepared for separation ? I say no—a thousand times no. We must look at the present and future. The past is past and gone. Mr Gladstone says the Union was brought about by all sorts of shameful means. But it was brought about nearly a century ago. It cannot be un¬ done, so as to place the two countries as they were be¬ fore it. If it works injustice, show it; and if that can¬ not be cured, dissolve the Union. It is idle to talk of the means by which it was brought about. The thing that strikes me on reading Mr Gladstone’s efforts to show that the legislative bodies and others in Ireland at the time of the Union were bribed and corrupted, as he would have it they were, is that it is a good thing they were got rid of anyhow. Shall we consent to separation ? I say no. In self- defence, in self - preservation, no ! Whether right or wrong on any other ground, it would be wrong simply as a matter of self-defence and preservation. See what the condition of things would be. Within a few hours 58 What Home Rule Means. of us, opposite to some of our principal ports—the Clyde, the ]\Iersey, and the Bristol Channel—within short distance of our arsenals at Milford Haven and Plymouth, would be a hostile nation. It is idle to deny it. They loudly proclaim their hatred of us. Why should we doubt them 1 Now, I do not argue that this would be the ruin of Great Britain. We are too strong and great. AVe should subdue them, and treat them as a conquered country, a Crown colony,—perhaps the best thing for both countries. It would involve hor¬ rible expense and bloodshed. But it would have to be, and would be done. AVe could not, with two-thirds of our breadstuff coming from foreign countries, permit a hostile Ireland to exist and prey on our commerce. Besides, if one can fancy anything so shocking as a war with any maritime power, Ireland would be an ally for it, which would add greatly to its power. Self- preservation, then, must make us forbid a separation, and everything which is a step to it. But there is another consideration—I own to my mind, or, perhaps, I should say feelings, which is stronger. Autonomous Ireland means the plunder and oppression of the minority now in favour of the Union. The well-to-do, the orderly, the educated, the Protestant. It is in vain to deny it. Whether meant by the leaders or not, this would follow separation. Subject indeed to one proviso—viz., that the majority was strong enough—which I doubt. I doubt very much whether, if it came to blows, that side would not win which has on it all that is best in the country —- wealth, position, education, intelligence, against mere numbers, headed by a set of men with no qualification but a power of lasting talk, who, but for this agitation, would remain in the obscurity from which it has drawn them. What Home Rule Means, 59 One word more. I have spoken of separation as it would affect Great Britain, and as it would affect our loyal friends in Ireland. One word as to the other part: I believe a separation would be most disastrous for Ireland. I believe that if it took place, if landlord and rent were abolished by murder, confiscation, or other means,—if the present occupiers became owners,—it would be the worst thing that could happen to Ireland. She would lose those most capable of setting an example; fittest to carry on local government. She would lose those who now have an interest in keeping the land in order. The consequence would be an infinite division of the holdings, and an enormous increase of a pauper population. Each small holder would consider his own case only, and marry early, and divide his holding among all his offspring. But I can¬ not do better on this head than refer to the letter of jNIr Bright to Lord Kilmorey. Why is this Home Buie to be conceded ? What good is it to do ? I declare I have a difficulty in be¬ lieving that those who advocate it are serious. They talk about bygone wrongs and grievances, and demand justice. But what present wrong or grievance do they show? None. A noble earl, one of the ablest of Mr Gladstone’s followers, who could make the best of a decent case, can only larigh and joke over a question which his chief formerly called an attempt at the disintegration of the empire. In a report of one of his speeches in the ‘Times,’ I counted twenty-three “ laughters ” in a half column. Are they in earnest ? Is this real ? That Parnell and his Irish and American followers and masters are in earnest, I believe. I do not believe the English Home Bulers are. Not one wishes Home Eule as a good thing. They are only for 60 What Home Rule Means. it becaiise they think it unavoidable, or because it may help them to office. I say, then, Home Eule means separation, and must be resisted,—in the interest of Great Britain for self- preservation and defence; in the interest of the loyal minority, which desires the continuance of the connec¬ tion ; and, as I most firmly believe, in the interest of all Ireland. BRAMWELL. FAILURE OF HOME RULE IN CROATIA. BY PEOFESSOE VAMBEEY. Within the past two or three years Hungary has been frequently complimented by England upon her political connection with Croatia, referring to it as a contrivance of exalted wisdom. In the meantime Hungary herself is by no means proud of this lier political creation, the experience of but a brief space of time having suffi¬ ciently shown that in spite of the great sacrifices made by her in establishing the present political organisation, it failed to secure peaceable political development and permanence to lier national existence. In February 1848 Lamartine told a Hungarian depu¬ tation calling upon him to pay its respects, “ Gentlemen, I do not understand your constitution.” No wonder that circumstances in Hungary are understood abroad as little now as they were then. Nearly fifty years have since elapsed, and by the side of the changes wrought during this period these circumstances are 62 Failure, of Home Rule in Croatia. even more complicated—sinning against all accepted political theories, without being accompanied by ade¬ quate practical benefits. How came the territory between the Drave and Save under the dominion of Hungary ? This country owned already King Stephen (St Stephen) as its master, but some portions of it were temporarily occupied by the Greek. The victorious arms of King (St) Ladislas resumed the conquest of that country, and the final subjection of Croatia and Dalmatia was completed by the genius of his energetic successor. King Coloman, who, as a mark of his glorious rule, had himself crowned as King of Croatia and Dalmatia at Zaravecchia in 1102. Never since did any Hungarian king cause himself to be crowned King of Croatia, the crown of Hungary being looked upon as the emblem expressive of the power of the King of Hungary in all the countries belonging to it. It is therefore by the right of conquest that the Hungarian nation acquired its title to Croatia. In our own age this title may smack of illiberality. But in times of old no other title was ever acknowledged; and it may be predicted that in future, too, title by con¬ quest will always leave the deepest traces in history. Of late the Croatians have taken pains to prove that their country has passed under the sceptre of the Kings of Hungary by treaty of succession, but the sources from which they draw their assertions are apocryphal. For the matter of that, however, William the Conqueror and his brave Normans occupied also England under a claim of hereditary right, and after the battle of Hastings he had himself crowned King of England. Most wars of conquest were carried on under the cover of some hereditary claim; but after all, conquest was the outcome. Faihire of Home Rule in Croatia. 63 Croatia never had any cause for regretting its annex¬ ation to Hungary. From the very first, and during all the succeeding centuries, it shared fully, equally, and unimpaired all the liberties and rights enjoyed by the Hungarian nation—nay, in some respects it may be said to have been specially favoured. Thus, in con¬ sideration of the inferiority of the Croatian soil, a much more lenient standard of taxation was applied to Croatia than to Hungary. In another instance the Hungarians made allowance for the aversion of the Croatians to Protestantism, in suffering the Protestants living in Croatia to be deprived of the right of acquiring land, of holding offices, and of building Protestant churches. Politically the constitution of the country was com¬ mon alike to Hungarians and Croatians, and therefore also identical and uniform in its application to the country beyond the JJrave. The Croatians contributed to the development of the constitution, and shared in its benefits. The country beyond the Drave, now mis¬ called Croatia, was divided territorially into counties like the rest of Hungary, and both were subject to a common legislative body. Up to 1848, when the ancient order of the estates gave way to a represen¬ tative Parliament, each of the counties took part in the legislation by two deputies. The Croatian counties, if I may use this expression, just like the Hungarian counties, sent each two deputies to the Hungarian Diet. A deviation from this practice occurred at the time wlien IMoslem conquest spread more and more, especially in the southern portions of the country. Owing to this Turkish occupation, only fragments of the territory of some of the southern counties remained subject to the lawful government; and these alone were in a position to continue their intercourse with 64 Failure of Home Rule in Croatia. the mother country. But this fragmentary portion could lay no claim to participation in the work of legislation. As a consequence, the (Croatian) counties beyond the Drave which had been thus territorially reduced by the foreign conqueror sent altogether two deputies to the Hungarian Diet, this practice con¬ tinuing, however, long after the Moslem rule had passed away and the country had been purged of all its invaders. In more recent times, however, the Croatian Opposi¬ tion prefers to ignore altogether this historical course of development, and boldly asserts that the Croatians are represented in the Hungarian Parliament nationally only, and not by counties,—the meaning of such asser¬ tion being that the territory beyond the Drave is not Hungarian soil divided into a certain number of counties, but a country which as such alone is repre¬ sented in the Hungarian Parliament. As to the constitution of the Upper House, its members were composed of the bishops, the magnates, the highest dignitaries of the State, and of the lords lieutenant of the counties. The nobility was com¬ posed—in a political, and not in a national sense—of Hungarian nobles alone, no other nobles being known to the constitution. The bishops were Hungarian bishops, even though their dioceses were lying beyond the Drave. The King of Hungary—as such, and not in his capacity of King of Croatia—appointed them to fill the high ecclesiastical dignities; their patents of appointment bore the seal used by the sovereign as King of Hungary. In conferring the highest dignities of the State, no one ever thought of discriminating between Hungarians and Croatians. The exalted dignity of the Palatine Faihwc of Home Rule in Croatia. 65 was filled by Croatians, and Hungarians were appointed to the office of the Banns beyond the Drave, neither party cavilling at this arrangement. All of them felt they were citizens of the Hungarian state. How does it happen, nevertheless, that such a con¬ spicuous current of sei^aration has taken hold of the Hungarian territory beyond the Drave 1 One of the first causes of this tendency may be traced to the dynastic policy of the House of Arpads (1000-1301), which habitually appointed one of the sons of the reigning king to rule over one-third of the country, a policy which was warranted neither by the constitution nor by law. In most cases, but not in¬ variably, the country between the Drave and Save was selected for this purpose, and it became, as it were, the training-place and the great school of public life for the future king. Certain privileges which attached to the person of the royal duke reigning in these lower parts of the country were calculated to enhance his dignity, and in the course of centuries the people began to look upon the establishment of a separate princely court in their midst as an emblem of a separate kingdom. The territory between the Drave and Save, whenever a royal duke stood at the head of its government, was styled a “ducatus” or dukedom, otherwise it was styled a “ banatus ” or banate, for its government then passed into the hands of the Banus. This system ceased with the occupation of the Hungarian throne liy the kings descended from the Hapsburg dynasty, no Austrian archduke having ever assumed the government of Croatia on the one-third system, as had been done by the Hungarian royal dukes. The formula of the designation of one-third of the country, as occurring in the royal diplomas, must E 66 Failure of Home Rule in Croatia. not be taken literally. The area of the countries be¬ longing at this time to the Hungarian crown comprises a territory of 5600.44 Austrian square miles. Of this, Croatia-Slavonia, including the former military fron¬ tier, covers an area of 717.85 Austrian square miles. This proportion has been stated by the Hungarian State Commission of 1886 in the following manner: “The territory of Hungary proper contains 279,800 square kilometres, with a population of 13,749,000; that of Croatia-Slavonia 42,516 square kilometres, with a population of 1,893,000. Towards the end of the last century the Hungarians began to discard the Latin language, then generally used in public life, and to introduce in its place their own national language, which they also cultivated in their literature. In Vienna this national awakening was interpreted as aiming against the German language and government, and was therefore opposed in every possible way. The Croatians stood up in defence of the Latin language. This gave, so to say, the first impulse to the splitting of the Hungarians and Croatians into two parties, and the intestine feud caused thereby continued up to the end of the first half of the present century, at which time the Croatian opposition was openly and secretly countenanced and sustained by the Austrian Govern¬ ment and the Court circles. Hungary was not the mistress of her own destiny. All she could do was to stand up for her virtual rights against the encroachments of Austria, but she was in no position to restore harmony amongst her citizens of different nationalities—a harmony which, besides, was distasteful to the policy then prevailing in Vienna. The events following in 1848 found the Croatians en- Failure of Home Hide in Croatia. 67 listed in the service of the Viennese reaction. Jella- chich, their sad hero, was a ready tool for the subju¬ gation of the people. Free institutions, the national language, the independence of his country, inspired him with no enthusiasm — he was only an Austrian general. After a heroic struggle the Hungarian revolution was put down by the combined armies of Austria and Itussia. The nation was bleeding at every pore, and could only secretly nurse the liope of a better time coming. But Hungary, even in its very prostration, had to be taken into account. Its impotence crippled Austria. The Austro-Prussian war, fought on Bohemian soil, signally proved this. The conviction of the necessity of a reconciliation between the dynasty and the Hungarian nation was ripened by disastrous experience, and gained ground in the highest circles. The nation, too, felt that a veil must be drawn over the past. In 1861, after an intermission of twelve years, Parliament was convened again for this purpose. The most influential voice in that assembly was Francis Deak’s voice. If there ever was a man predestined for acting a great historical part, and capable of bringing about a reconciliation, it was Francis Deak, witli his classical repose of mind, his rigorous sense of right, and his unselfishness. Subse¬ quent events showed that it was beyond the power and means of the Emperor Francis-Joseph to reward Francis Heak for his pre-eminent services—for the great man steadily refused to accept any distinction or recom¬ pense. In the diet of 1861, Francis Heak stood up for [the principle of legal continuity, maintaining that existing laws, unless modified by other valid laws, 68 Failure of Home Bide in Croatia. continued in force. He therefore urged that the laws of 1848—although suspended for the time being— should be acknowledged by King Francis - Joseph. Not until this was done would the Lemslature agree to enter upon the revision of the constitution with due regard to the changed circumstances. Owing to the tenacity with which Parliament defended this principle, the Diet was dissolved. It may be said in truth that “ victrix causa diis placuit, sed vieta Catoni!' The principle of legal con¬ tinuity, penetrating into the lowest strata of the people, became the universal watchword, and there was not a man in the country willing to give it up. The Parliament convened in 1865 found the ground well prepared for its conciliatory work, and its labours resulted in the arrangement brought about between the nation and the dynasty. On the 8th of June 1867 Francis - Joseph was crowned as the constitutional King of Hungary. Croatia was neither represented in, nor summoned to, the Parliaments convened in 1861 and 1865, an omission which the Hungarians complained of as a grievance requiring to be remedied. But this cir¬ cumstance, as well as the attitude maintained by the Croatian press, show that the Croatians have not in any manner co - operated in bringing about the restoration of the constitution, kept in abeyance since the revolution, and the arrangement between the dynasty and the Hungarian nation. Indeed the re¬ sults achieved were more than once jeopardised by the exaggerated demands of the Croatians. This circumstance does not prevent, however, the Croatians from calmly sharing in the benefits secured without their assistance. They even went so far as to Failure of Home Fade in Croatia. G9 advance the interesting doctrine, that any new consti¬ tutional rights acquired by Hungary under the arrange¬ ment belonged also co ipso to Croatia. The constitutional sense of the Croatians shone out in a much brighter light in the beginning of the present century. Austria being threatened in her very exist¬ ence by the victorious armies of Napoleon I., the Aus¬ trian Emperor was compelled to cede to France, under the terms of the Peace of Vienna (1809), those portions of Croatia which were lying towards the sea, together with Istria and Carniola. Austria succeeded, however, in recovering these ceded territories in the beginning of 1814; but the Croatian portions belonging to the Hun¬ garian crown were not restored to Hungary, but incor¬ porated into Istria, and governed from Laibach. The Croatians felt this very sorely. They applied to the King in remonstrances and addresses, declaring that they did not want to be subjected to German laws, but wished to live and die under the constitution of the Hungarian crown. In spite of all their efforts, it was as late as 1825 only that the wish of the Croatians was gratified, and their joy knew no bounds when Count Ignatius Gyulai, the then Banns of Hungarian nationality, communi¬ cated to them the royal decree by which they became again Hungarian citizens. It was on this memorable occasion that the statues of the Hungarian kings were crowned by the Croatians, and that Jellachich, the future Banus, then only a lieutenant, wrote his i)oem entitled “ Croatien’s Jubel” (Croatia’s rejoicings). For about fifteen years after the revolution Hungary had to stand aloof from Croatian affairs, which were administered directly by the Viennese authorities. This era was characterised by the following phrase then in vogue: “Croatia got as a reward what Hungary got as 70 Failure of Home Rule in Croatia. a puuishment ”—namely, the absolute administration of Vienna. It may be asked, Why did not Croatia, after the treatment it had experienced, hasten to reoccupy its ancient historical place in the Hungarian constitution as a country belonging to the Hungarian crown. It certainly did not omit to do so because the Hungarian constitution is not sufficiently liberal—for its free in¬ stitutions can abundantly satisfy the claims of a nation standing even on a high level of culture, and still more amply those of a people which so readily enlisted in the service of reaction, and raised no protest against the domination of Austrian absolutism, or of the Ger¬ man language. But times seem to have changed: the Croatians, who, in the first quarter of this century, zealously and enthusiastically exerted themselves to return under the protection of the Hungarian constitu¬ tion, have become in the last quarter of this century a prey to the hobby of exaggerated national chauvinism and conceitedness. Thus it happened that the Hun¬ garian nation succeeded with less difficulty in effecting an arrangement with the Austrian dynasty in 1867 than with the Croatians in 1868. The Hungarians were always ready to make the utmost concessions compatible with the constitution and the unimpaired integrity and unity of the State : they were particularly solicitous that every citizen of the country should feel that he is a free man. In the Parliament of 1861, Paul Somsich, one of its most pro¬ minent members, declared on the 18th of May, in the course of the debates on the address, “ We wish to effect a new arrangement with Croatia, and to reserve for it a ivhite leaf in our constitution.” It was only a phrase, to be sure, but it is truly won- Failure of Home Rule in Croatia. 71 derful that whilst so mauy other phrases have sunk into oblivion, this one was doomed to tenaciously sur¬ vive, and to rise almost to the dignity of a law. It is curious, too, that for the last two decades the authorship of these winged words was attributed not to Somsich but to Francis Deak. On this and the other side of the Drave, and on this and the other side of the Leitha, the idea that Francis Deak had promised the Croatians a white leaf, was the theme of continual dis¬ cussion. The phrase did not occur in the constitution, nor could it be found in the laws, and yet it became the leading thought of many a statesman, who imagined to be able to prove by it the practical turn of his mind. But what was the meaning of the white leaf in rela¬ tion to the constitution ? It meant nothing else but to make tabula rasa of the existing laws—the very reverse of that principle of legal continuity, the manly defence of which, coupled with his wonderful logic, has done so much to render the name of Francis Deak famous. Legal continuity came out victorious from the nego¬ tiations which led to the arrangement with the dynasty, but it was discarded in the course of those transactions which brought the Croatians back within the trenches of the constitution. It is a fact which cannot be con¬ templated without a feeling of melancholy. Finally, the arrangement, as embodied in the law of 1868, was also concluded with the Croatians. Previous to this arrangement, the Hungarians and Croatians frequently met for the purpose of preliminary discussions. Francis Deak was the soul of these delib¬ erations. The Croatians came forward with demands which dumfounded everybody. They behaved as if every one of them were a Brennus, who had but to cast his heavy sword into the scale, and exclaim, “ Fb; 72 Failure of Home Rule in Croatia. victis!” Francis Strossmayer, Bishop of Diakovar, went furthest in these intemperate demands. His provoking language disturbed even the philosophical equanimity of Francis Deak, so that, on one occasion, irritated beyond measure, he burst from his seat, and pushing aside his chair, prepared to leave the meeting, and wanted to put an end to all further discussions. It was only at the instance of several of his friends and admirers that he finally calmed down, and consented to resume the deliberations. The arrangement which has been ushered into the world with such throes is in every respect a most thankless contrivance. It works incalculable political mischief to the Hungarians, and is apt to exasperate any man with a well-ordered mind. It is true that the law embodying the arrangement declares Hungary and Croatia to be an indivisible State constituting a political commiinity which can be neither dissolved nor divided ; but it concedes at the same time a ministry of internal affairs, of justice, and of educa¬ tion to the Croatians. Accordingly, the Croatian Diet has the right of legislating as to all matters relating to these branches of public life. The ministries of national defence, of finance, of commerce, and of communication are styled in the law as common ministries, and the Hungarian Parliament, to which the Croatians also are to send representatives, is equally styled the common Parliament. The word “ common ” is repeated through¬ out ad nausea7n, aping in this the political connection subsisting between Austria and Hungary. The law provides that 45 per cent of the revenues of Croatia shall be applied first of all to meet the expenditure of its internal administration, the balance to be applied to the expenses incurred about the common affairs. If Failure of Home Fiule in Croatia. 73 45 per ceut of the entire revenue proves insufficient to cover the expenses of the internal administration of Croatia, Hungary agrees to supply the deficiency. The practical result of this is, that since 1868 Hungary, in the matter of postal revenue alone, had to make up the deficiency of the Croatian postal revenue to the amount of 2,077,552 florins. Accordingly Croatia can never be in the position of being saddled with a public debt. A Croatian ministry, where Croatians only can be em¬ ployed, which is at the side of the Hungarian central Government, is being organised. Hiingarian officials are not employed in Croatia. The official correspondence of the Croatian Government and authorities is carried on in the Croatian language, and the answers given by the Hungarian Government are not given in Hun¬ garian but in Croatian. The Croatian representatives may use the Croatian language in the Hungarian Par¬ liament, or in its delegation. One of the sections of the law declares that the people of Croatia-Slavonia are a political nation, possessing a separate territory. In conclusion, it is declared that the present arrangement is exempt from the jurisdiction of the respective Leg¬ islatures of the contracting countries, and can only be changed by the mutual consent of both parties to the agreement. The absurdity of the last provision has been already proved with regard to Fiume. This seaport city and its district stand only temporarily under the Hungarian Government, and this temporary state may last for ever, for Croatia will certainly never consent to Flume’s being annexed to Hungary, notwithstanding that Fiume itself desires the annexation. If the Croatians joined the ranks of the reactionaries because they did not want the liberal and constitutional 74 Faihirc of Home Rule in Croatia. Hungarian laws, then the logical inference would be, that no matter how they had managed to shake off these laws, they would, once freed from them, wish to revive the former status quo. This would he the logical con¬ clusion. But the Croatians had other views. The arrangement of 1868, which lacks every historical foundation, and represents no development from the past, is to the Croatians only a preparatory step towards the contemplated future separation. Prior to 1848 Croatia had no separate Legislature, not even with regard to special matters, but it had statutory rights like any other Hungarian county. That is, it could provide detailed regulations in conformity with the Hungarian laws, but these regulations had to keep strictly within the spirit of those laws. Their provincial assemblies at Zagrab (Agram) could appoint provincial officials, but chiefly county officials ; they had the right of properly apportioning among the counties beyond the Drave the taxes imposed by the Hungarian Diet; they could give instructions to the deputies sent to the Hungarian Diet; but they could enact no legislation, for the Hungarian laws were in force in every country belonging to the Hungarian crown. One might imagine, however, that a law of this kind, which has no warrant in history, and deeply offends against the principle of State-unity, would at least be hailed with unalloyed satisfaction by the Croatians. But this was not the case. The Croatians always looked upon the arrangement with Hungary as a pay¬ ment on account only, and as a starting-point for fresh claims. The Hungarians could hardly imagine that there was anything left yet for the Croatians to ask of them, but they were mistaken. The Croatians were not long in coming forward with new grievances, and well Faihcre of Home Buie in Croatia. 75 might the Hungarians look about in bewilderment in search of something to satisfy the insatiable Croatian Moloch, after they had given to it all they could possibly give. Thus the Croatians asked for the revision of the law relating to the arrangement. The pretext for this re- cpiest was that the Hungarian Government had infringed upon several of its provisions, but their real reason was that they hoped thereby to render the connecting State ties more lax. The Hungarians, deeming it proper that the complaints should be heard, agreed to the revision. On the 5th of March 1885, Minister President Coloman Tisza introduced a resolution in the Hungarian Parlia¬ ment to the effect that it should send out a Commission for the purpose of communicating with the Croatians on this subject. Both parties nominated their commis¬ sioners, and their discussions soon brought to light the Croatian aspirations. They wished that complete parity should be established between Hungary and Croatia, that the Croatians should be represented in the foreign missions, and that, out of consideration for Croatia, the diplomatic title of the monarchy, which is now “ Au,stria - Hungary,” should be changed to that of “ Austria - Hungary-Croatia-Slavonia-Dalmatia.” In addition, they asked that in every Hungarian Ministry there should be established a Croatian department, and that the Hungarian Government should spend more on the Croatian roads of communication, and on the regu¬ lation of the rivers in Croatia. The last demand was made in the face of the fact that, with the exception of the Croatian share of the expenditure for common affairs, the whole of the Croatian revenue remained at the disposal of the Croatians. In the course of the discussion of these new demands 7 G Failure of Home Rule in Croatia. not a single voice was heard among the Croatians in¬ dicating their sense of solidarity with Hnngary, or that they had any obligations with regard to Hungary. But at that very time a Croatian representative gave vent to the following declamation in the provincial diet at Zagrab : “ Croatia will never be free until the clatter of the horse-hoofs of the first Cossack will be heard along the streets of Vienna.” This, then, would seem to be the unavowed pro¬ gramme. I am fully convinced that there are men in Croatia who entertain constitutional sentiments, are law- abiding, and feel friendly to the Hungarians, but I can¬ not help being astonished that there should be any class of men who had ever enjoyed the sweets of constitutional liberty, and yet would long for a Russian state of things. The labours of the two Commissions led to no re¬ sults. Already, on the 12th of October 1886, the Hungarian Commission replied with a polite but firm “ No” to the Croatian demands—the first instance of a Croatian rebuff in the history of the last years. It was the best thing the Hungarian Commission could have done. The event showed that, by declining to accede to Croatian pretensions, the equilibrium of the world has been by no means disturbed. The Commission felt convinced, and managed to convince others, too, that the famous ivliite leaf had been long ago fully filled up by the Croatians with all sorts of propositions in¬ compatible with the preservation of State-unity. It made clear another thing, that Hungary was always the one that gave, and Croatia always the one that received, and that it has never been the other way. The elucidation of this one fact proved conclusively that there can be no parity between Hungary and Croatia. In conclusion, let me add a few words as to the Failure of Home Bale in Croatia. 77 effect j)roduced at home and abroad by the example set by Hungai’}^ in agreeing to the Hungaro-Croatian arrangement. It has become the fashion in Europe to regard Hungary, next to England, as the home of con¬ stitutional life. Hence the great sympathy shown to the Hungarians in their struggle against absolutism in 1848-49, and the friendly interest which continued after they had been struck down on the battlefield by overwhelming forces. They again attracted attention while struggling in the political arena to regain their independence, and people then already began to speak admiringly of the political virtues of the Hungarian nation. History will record it in golden letters, that the Hungarians claimed not only the restoration of their constitution, but also stipulated that Austria, too, should receive a constitution. The arrangement with Austria was praised as an act of wise moderation. But the arrangement effected with Croatia is hardly known abroad, and if known, it is not likely to be praised. Yet in many parts of Austria the latter arrangement became almost an object of envy. In Bohemia espe¬ cially, utterances were not unfrequent that the Czechs would be happy if they could enter into the same re¬ lations with Austria as the Croatians with Hungary. But this wish of theirs cannot be fulfilled. Whatever is conceded to the Czechs will have to be also conceded to the Galicians, with whom the sentiment of nationality is quite as strong. Wliere is the movement to stop ? There is no doubt that dualism is the last conservative stage ; departing from it must lead sooner or latet to fed¬ eration, and federation is nothing else but dissolution. The Czechs, who thought so highly of the Croatian arrangement as to declare it to be the ne 2 )lus ultra of their own political wishes with regard to Austria, encour- 78 Failure of Home Rale in Croatia. aged, nevertheless, the Croatians in their opposition to Hungary. In doing so, they committed a political mistake. Bohemia is a rich and cultured country, and, consequently, deserves a much greater measure of in¬ dependence than Croatia, which cannot maintain itself by its own strength. If the Austrian Government has, nevertheless, declined to reproduce there a copy of the Croatian state of affairs, the refusal had been dictated most likely by the fear of federal consequences, which might have placed a powerful monarchy in such a position as to be swallowed up piecemeal by one of its neighbouring States, which is in the habit of appealing to the arbitrament of brute force. Or there might be a repetition of the incident related by Jules Verne, in one of his novels, of a traveller who, anxious to get to the moon, placed himself into a pro¬ jectile, and caused it to be projected from a huge cannon, calculating that beyond a certain distance the moon would begin to exert its attraction upon the projectile. Eussian sympathies are not wanting in Bohemia, and if the influential Viennese circles will allow Bohemia to enter into as lax a political connection with Austria as the one subsisting between Croatia and Hungary, there can be hardly any question as to which moon Bohemia is likely to gravitate to.^ It is in the nature of things that autonomy extended beyond certain limits, so far from engendering affection for the mother country, only tends to increase the incentive to complete separation. A. VAMBEEY, Professor Buda-Pesth University. 1 li’or the data contained in the above paper I am indebted to M. Frederic Pesti, the learned secretary of the historical section of the Hungarian Academy of Sciences. HOME RULE AND IMRERIAL SOVEREIGNTY. BY FKEDEEICK POLLOCK. In the following remarks I shall endeavour to show how and why the question of Home Itule for Ireland is not ail ordinary question of domestic policy, nor even a domestic question of constitutional policy, such as Parliamentary Eeforni, hut one involving by its nature much wider issues and consequences. And in so doing I shall at the same time show the grounds on which I think that any serious and effective working out of the idea of Home Rule would import not only a new constitution for Ireland, but a new constitution for the Ih'itish Empire, and a revolution in the existing relations between the Britisli colonies and possessions and the Imperial Parliament. I do not profess to dis¬ close new facts or urge new arguments. It appears to me that we are in far greater danger of neglecting plain facts and broad principles in this matter than of over¬ looking any facts not generally known, or reasons not 80 Home Hide and Imperial Sovercigtity. of general validity which are likely to be material to a sound decision. Our business at this juncture is to insist on essentials, and to insist on them with repeti¬ tion even to weariness rather than let them fall out of sight. My aim will be to make use of facts which are notorious, and inferences from them which are simple. I. The territories collectively known as the British Em- j)ire are not only scattered over the world, but are sub¬ ject to the ultimate dominion of the Imperial Parliament in many different ways. We have in the first place the United Kingdom of Great Britain and Ireland, whose people are directly represented in Parliament. We have a few possessions of the Crown which are geographically adjacent to Great Britain, but are extra - parliamentary (if one may use the word) for historical reasons. They enjoy their ancient local laws and privileges, which are practically guaranteed by the Imperial Parliament. Only the trifling area and popu¬ lation of the Channel Islands and the Isle of Man as compared with the United Kingdom have made the continuance of this state of things practicable. Then we have the colonies founded by English settlers who carried with them the law of England and the rights of British subjects. Lastly, there are the colonies and dependencies acquired at various times by conquest or by cession, or partly in one way and partly in the other, sometimes from native rulers, but more often from princes or rulers who, whether European or not, were themselves conquerors or represented some previous conqueror. Among this class of dependencies there are many and important differences of laws, institu- lloilic Huh and Iiivparial tdovcrcvjnl[f. 81 lions, and government, but the details of these do not concern us here. What does concern us is that directly or indirectly the Queen, with the advice and consent of the estates of the realm—in other words, tlie Imperial Parliament^—has admitted and unlimited authority over all these dominions. The legal origin and theory of that authority are not the same in all cases, but that again does not now concern us. No one disputes its existence. It is exercised in various forms and degrees. In some cases it is manifested by direct and frequent interference. In many it has been exercised by framing or sanctioning a constitution, under which government is carried on by persons and bodies who may be said to be delegates of the Crown or of Parliament; the direct interference of Parliament remains possible, but is exceptional. In some cases not formally distin¬ guishable from the rest — I mean, those of the self- governing English colonies — there is an effectual though undefined understanding by which such in¬ terference is limited to matters toucliing Imperial and not merely local interests. Now the local institutions through which, outside the United Kingdom, government and the administra¬ tion of justice are regulated (subject always to the ultimate control of Parliament) may be classified as follows :— 1 Some British subjects may be in strictness under the government of the Crown merely by virtue of its general prerogative ; I say may he, because it would be at least rash to assume that there is any part of the British dominions of which the government has not been affected at some time by some Act of the Imperial Tarliament. But the Crown can of course do in Parliament whatever it could do with¬ out Parliament ; and inasmuch as it can do nothing save througli Ministers responsible to Parliament, the control and supremacy of Parliament are for practical purposes the same. F 82 Home Buie and ImiJcrial Sovereignty. They iDay be institutions imported from England, and more or less modified to suit local circumstances. They may be institutions imported from some other civilised country, and preserved for one or another reason under British supremacy. Thus we have held ourselves bound, ever since the period of military oc¬ cupation immediately following the conquest, to main¬ tain the laws and customs which the French population of Lower Canada had derived from their mother country. Or they may be native institutions—that is, non- European ; for we need not now attend to the distinc¬ tion between such as are truly indigenous, and such as may have been imposed or imported by non-European conquerors before the commencement of English or European dominion. And these likewise may be maintained as a matter of express promise, of general good faith and equity, or of simple expediency. These different elements do not always exist simply or separately. On the contrary, they are found in various and more or less complex combinations. In India the same courts administer for different purposes English law to Europeans, different systems of native law to different races and classes of Asiatics, and English law, modified by special legislation, to Asiatics and Europeans alike. Again, the maintenance of the French institutions of Lower Canada, side by side with the English institutions imported by the English settlers of Upper Canada, led to very grave politi¬ cal troubles. After the failure of other methods, in¬ cluding that of a single autonomous government, Canada was endowed by the British North America Act of 1867 with an elaborate federal constitution, the invention of Canadian statesmen. Considered as a compromise this has worked well, but it must not be Home Rule and Imperial Sovereignty. 83 siipposed that it works without frictiond In other colonies, such as Mauritius, the competition of Eng¬ lish with non-English institutions and customs has been a source of difficulties which only the rela¬ tively small scale of the whole affair prevents from being seriously felt in England. The relations to the mother country are simplest in the case of the Australian colonies, where English population and institutions have taken an undisputed possession. Even there, however, they are less simple than they look, for there enter into them in fact, though not in law, the tacit understandings which have been already mentioned. n. Ireland is at present a part of the United Kingdom. The advocates of Home Rule say it ought to be some¬ thing else, but still a part of the British Empire, and they say that the principles of such an arrangement are easily laid down, and the execution in detail not more difficult than that of any other considerable politi¬ cal reform. So much, I think, they have undertaken (and must undertake) to make good—unless, indeed, they will admit that Home Rule does carry with it known and unknown dangers of grave extent, but, admitting this, nevertheless will support Home Rule on the ground that even a desperate remedy cannot be worse than the present disease. This, the argument of despair, is not of the kind that rouses a cheerful courage in a man’s constituents and political friends, nor can it be agreeable to the better sort of Irish Home Rulers. We therelore hear little of it in public, yet we may ’ A conference of delegates from the Provinces of Canada has lately recommended material amendments in the Confederation Act. 84 Home, Rule and Imjierinl Sovereic/nty. suspect that, with the more thoughtful English Home Eulers, it has weight—more, perhaps, than they acknow¬ ledge even to themselves. To return, however, to ideas and plans of an Irish constitution, whether proposed as a good thing in itself or as relatively tolerable. In one direction the choice is clearly limited. Ireland has not any native form of government or political institu¬ tions which can at this day be preserved or restored. There is no possible form of Irish constitution outside the variation and development of elements which are English in substance and in fact. Irish Nationalists complain that their lawful liberties are violated by the executive authority in Ireland. Those liberties — the rights of free speech, of public meeting, of political association, of trial by jury—are of English name and growth. They are the liberties of Irishmen, not be¬ cause they are Irish, but because they are British subjects. Even if we regard these liberties, or some of them, as deducible from universal principles of natural justice, England has come very much nearer to the supposed ideal of natural right than any other part of the civilised world, and Ireland has derived from British thinkers her share in the ideal, and from the laws of England her share of practical approximation to it. I say nothing here of the merits of any par¬ ticular controversy, or of any method of controversy. I merely note an evident fact. Csesar is denounced as a tyrant, but it is to Caesar’s laws and Ctesar’s courts that Brutus and Cassius appeal against Caesar. Still less do I wish to go hack upon historical specu¬ lation. It is likely enough that the troubles of Ire¬ land are due, in large measure, not to the introduc¬ tion of English institutions in itself, but to that intro¬ duction having taken place without due regard to fit Home Rule and Imperial Sovereignty. 85 causes and occasions, and without any settled purpose or continuous policy. It is merely idle to discuss whether the English conquest of Ireland were more or less justified than the English conquest of Britain, or the j^rehistoric conquests of both Britain and Ireland from tribes of long-forgotten name and speech, them¬ selves perhaps the supplanters of a still earlier race. Perhaps it would have been well if Edward I. had given his strength to a real conquest of Ireland, instead of an illusory conquest of Scotland. Perhaps it would have been better if some Elizabethan statesman could have had the genius and perseverance to deal with Ireland as the East India Company dealt with province after province, and kingdom after kingdom. But it is too late now to regret that Ireland was not settled like Wales or like the Punjab. It is also too late to regret the extinction of whatever distinctively Irish civilisa¬ tion existed at any time. So far as the desire for Home Rule includes a longing for the real or apparent restoration in Ireland of political institutions not of English mould, it is a desire which cannot he satisfied by any political or legislative measures whatever. Sentimental grievances, as they are called, can be dealt with only by remedies of the same kind. I use the term because it is convenient and understood, and not with any meaning of disparagement, for senti¬ ment is the moving force of human action. Men are moved by things as they appear, and they act on their emotions. It is one of our national defects to under¬ rate the value of the first impression of things, and to spoil even good deeds by an ill manner of doing them. That we have paid and are paying dearly for this fault in Ireland I have no doubt. It has been committed even in our recent dealings with the land question. I 8G Home Ttnle and Imperial Sovereignty. will give another example of what I mean, though at the risk of being thought to trifle. I verily believe that if there had been a regiment of Irish Guards at Waterloo and in the Crimea, there would be several regiments the fewer at this day in Ireland. It is not my province to inquire how far the mischief done in this kind can at this day be undone by public or private exertions. One thing is clear, that it will not be mended by the clauses and provisos of a Home Eule Bill, be they drafted never so skilfully. There is a harder thing than to make and execute good laws : it is to revive and foster that spirit of trust and affection in the people which executes the law without an officer. The law must be a terror to evil-doers first, but we shall not be content with that. If I believed that the people of England would rest with no higher aim ■, that they were devoid of justice, of generosity, of patience (for the task will need firm and even justice, abundant generosity, and unfailing patience); that they would renounce the noblest and most arduous duties of government, declaring themselves, and thereby proving themselves, unfit for empire ;—then I should accept the argument from despair, and acquiesce in Home Eule for Ireland if I could not support it. But I should acquiesce in it as a fatal symptom that English political supremacy had outlived the English genius for politics, and must ere long follow it to extinction, to be revived (if at all) in some younger and happier branch of our stock. III. At present we cannot say in any definite terms what the relation of Irish Home Eule to the Imperial suprem¬ acy of Parliament is intended by its advocates to be, Home Rule and Imperial Sovereignty. 87 for there is not any authentic definition. Home Eulers, including Mr Gladstone, profess themselves not bound by the proposals which Mr Gladstone’s Ministry intro¬ duced (we must presume, after the consideration befit¬ ting a measure of such importance) in 188G. It is true that we are not thereby deprived of much guidance, for among the many omissions and ambiguities of the Government of Ireland Bill, not the least striking was its extreme obscurity as to the position of the new Irish Executive, as between the Irish “ Legislative Body ” on the one hand and the responsible Ministers of the Crown on the other.^ If Lord Thring’s lately published interpretation may be accepted, the general intention was to assimilate Ireland, with certain exceptions, to a self-governing colony of the Australian type. I shall not stop to consider whether the exceptions were not really such as to frustrate that intention. The time for minute criticism has been, and we Unionists hope it may not be again. It is enough for us now that any scheme of Home Eule must aim at satisfying the de¬ mands of Irish Home Eulers. Home Eule means at least the power of local legislation for Irish affairs, as distinguished from those which touch Imperial inter¬ ests ; and that, as I shall show, a practically uncon¬ trolled power. The lines of distinction must be laid down in the Act of Parliament establishing the new Irish constitution, and worked out as occasion requires by some judicial authority of imperial character and dignity. Now all this machinery would be of no value if the Imperial Parliament were habitually, or on any ^ This statement is made from careful reading ot the accual text of tlie Bill, notwithstanding Lord Thring’s sweeping assertion that “Bills are never read by their accusers.” — (‘Handbook of Home Rule,’ p. 71.) 88 Home Rule and Imperial Sovereignty. common occasion, to interfere in anything outside the departments which had been expressly reserved. As matter of law, Parliament could interfere when it thought fit, or could alter or revoke the constitution it had given—or, at any rate, it is a matter of skilled workmanship to prevent legal doubts from arising on this head; though even so, to leave no room for reason¬ able doubt is not the same thing as to prevent doubts from being raised, or from leading to grave trouble, when judgment is obscured by interest and passion. As matter of practice. Parliament would be expected not to interfere; such is the case with the self-govern¬ ing colonies, and Ireland would expect no less. Habit¬ ual interference for the purpose of overriding the local legislature would not be acquiesced in. It would be resented on more plausible grounds than exceptional legislation for Ireland is resented now, with at least equal determination, and with much better hope of success. But the thing would never be attempted. Not only the Irish legislative body and the Irish ex¬ ecutive would expect to be left alone within their com¬ petence, but the British House of Commons would expect Ministers not to trouble it with Irish affairs. We must take it that nothing short of overwhelming- necessity would induce Ministers to do so. Not that Unionists are concerned to deny that such necessity might occur, and sooner rather than later. But I now try to conceive the case as it would stand if Home Kule were decided upon, and all English parties, being bound by that final decision, were content to give it a fair start. Habitual non-intervention of the Imperial Parlia¬ ment, and of the Crown as advised by its Ministers responsible to Parliament, must therefore be the rule. Home Mule and Imperial Sovereignty. 89 We are told that in the Australasian colonies and in Canada this is found to answer, and no prejudice ensues to the supremacy of the Crown and of Parlianient. Why should it not be the same in Ireland ? One must not be afraid of repeating simple things ; and I shall repeat here what has been already well said, and may have to be said many times again. Why should not two and two make five ? Because two is not three. Why should not colonial self-government flourish in Ireland as in New Zealand or Victoria? Because Ire¬ land is not New Zealand or Victoria, and St George’s Channel is not two oceans and a continent. Let us see what are the conditions that make the relation of colonial dependence permanently compat¬ ible with the habitual non-intervention of the supreme power. Two seem to me of the first importance. First, the dependent community, and every consider¬ able part of it, must frankly accept self-government with all its consequences. It must be plainly under¬ stood that a defeated party is not to appeal to the mother country for relief against anything done within the powers of the local constitution. Moreover, dis¬ putes as to what is within constitutional powers must be decided in the regular course of justice, either by the local tribunals, or, at need, by regular appeal to the Crown in its judicial capacity. All such communities are provinces of one empire, and may call upon Caesar to protect them against foreign enemies. But in their own matters they shall appeal to Caesar according to tlie terms of their own covenant, and not otherwise. Their covenanted liberty of self-government implies an equally binding duty of settling internal disputes with their own resonrees, and not throwing them back on the mother country. 90 Home Rule and Imperial Sovereignty. Secondly, the dependent community must be content to preserve its connection with the Empire of which it is part—nay, it must be more than content; there must be active willingness to suffer some particular incon¬ venience on some occasions for the sake of maintainins the connection. The occasional sacrifice of apparent local interest to the interest of the Empire as a whole is demanded as the price of Imperial citizenship. The demand is not great, nor is it often made, but when made it must be satisfied. A colony which did not set a positive value on the Imperial connection would soon go to work to convert its autonomy into formal inde¬ pendence, if not restrained by fears of revolution or foreign conquest. The value which our colonies in fact set on their connection with the mother country is happily a very high one; it is perhaps higher in the present generation than it has been at any former time, —it is certainly better understood and appreciated at home. In part it depends on considerations of material convenience and security, but in some part—I think in no small part—it is a matter of sentiment. Are these conditions present in Ireland ? It is fairly certain that the first of them is not, and the best we can say of the second is that it is doubtful. As to the first, Ireland is divided by bitterly hostile parties, and each of them has vehement partisans in this country. Any Home Eule constitution settled by the Imperial Parlia¬ ment would, by the nature of the case, aim at com¬ promise between parties of whom neither has shown much of the spirit of compromise, and each of them would find matter of offence in some part of it. There is no reason to suppose that either Nationalists or Orangemen would abstain from working on public opinion in England to procure modifications of such Home Rule and Ivipcrial Sovereignty. 91 parts of the new Irish Constitntion as were offensive to them, or even interferences by special exercise of the ultimate supreme power of Parliament. As to the second point, it is at least unproved that the local governors of Ireland, under a scheme of colonial autonomy, would take any trouble to preserve the connection with England. So far as we can trust the evidence of piiblic utterances—of nearly all public utterances at times and places where there is not an English audience to be conciliated — the prevailing sentiment of active Irish Nationalists is the other way. Either many prominent Nationalists have been using strong words without any meaning at all, or they have been obtaining the support, both moral and material, of their Irish and Irish-Ainerican hearers under something very like false pretences, or they would not stir a finger to prevent Home Eule from being made a stepping- stone to entire separation. They have declared them¬ selves enemies not only of this or that principle, this or that individual concerned in English government of Ireland, but of the English government and connection altogether. Such is not the language of political con¬ troversy among fellow-citizens ; it is the language of men who put themselves outside the ties of common citizenship, who lack not the will but the power to be rebels, and who meanwhile use their rights as citizens only for a weapon against the commonwealth itself. If any one thinks I exaggerate, let him look to France, where the division of parties is far more deep and bitter than in England. Let him ask himself whether he can imagine a French Monarchist, of however extreme opinions, speaking of Eepublican France as a foreign and hostile nation, and rejoicing in her difficulties and misfortunes. It cannot be imagined. A Eonapartist 92 Home Rule and Imijcrird Sovereignty. who dared to express good wishes for insurgents against French authority in Algeria or Tonquin would be hooted down by any Bonapartist audience. But this thing which, to the credit of Frenchmen, is impossible in France, would be no more than Irish Nationalists have done. Notwithstanding that many valiant Irishmen share in whatever good or ill befalls British arms, men professing to speak in the name of Ireland have rejoiced in our real or imagined defeats. They have exulted in our real or imagined troubles in every part of the world. They have spoken of England as an enemy, and of the enemies of England as the friends and allies of their own cause. Not all Nationalists, I am aware, have done this. But some, and those not the least active and conspicuous, have done it; and I am not aware that those of their colleagues who pass for moderate have uttered any woi’d of protest. Moderation, or more than moderation, has been conspicuous in the attitude of the leaders towards these over-zealous followers. All this may be, for anything that affects the present argument, legitimate and even laudable from the Nation¬ alist point of view. I care not whether the persons who have uttered such sentiments in speech and writing were or were not members of Parliament bound by a voluntary oath of allegiance to the Sovereign of the British Empire, or, if they were, with what conscience or sense of honour they regarded the obligation of that oath. I simply point out that the temper of these utterances is not the temper by which either the express or the tacit conditions of Imperial union between Great Britain and an autonomous colony can be successfully observed. And I further point out that we must look not only to the temper of the speakers and writers of the Nationalist party, but to the temper likely to be Home Rule and Inipcrial Sovereignty. 93 begotten in their hearers and readers by a continued course of such matter. Say that this violence were but an imprudent ornament of Irish rhetoric, or the un¬ skilled outpouring of a loyal desire for Home Ilule, and nothing but Home llule: the mischief wrought upon an ignorant multitude remains exactly the same. Besides, the maintenance of good relations under any scheme of Home Kule will need discretion as well as good faith on both sides. If this be the loyalty of Home Kule leaders, who shall answer to us for good faith ? If it be their prudence, who shall answer to us for discretion ? It is true that some of the Nationalist orators have taken, late in the day and in a coarse fashion, to flatter¬ ing the English democracy, or rather a minority of all conditions of the people of England which they choose to call the English democracy. There is no reason from their point of view why they should scruple to foment revolution, or fears of revolution, in England, if they may thereby further their ends in Ireland; and to that extent I can very well believe that these flatteries are sincere. They are perfectly consistent with that ill-will to the commonweal of England as a whole which is still abundantly expressed when it is thought to be agreeable to the audience. But we are told that these things are of no account, for an autonomous Ireland would be too prudent to seek for independence ; the superior power of England is too obvious. Why, is the power of England to main¬ tain the Union, if England be resolved to maintain it, less obvious now ? And has it prevented an agitation for Home Kule from being planned, matured, estab¬ lished in the heart of English politics, and seeming for a time to be within sight of triumph ? Twenty years ago Home Kule was as far from the practical con- 94 Ho Hid Rule and Imperial Sovereignty. sideration of English statesmen as separation is at this moment. Irish Nationalists may not suppose that England can he compelled by force of arms to grant independence, unless it were in some great conjuncture of foreign trouble such as none of them have openly deprecated and some of them have openly desired. But if England cannot be compelled, English constituencies may be cajoled and English Ministers worried. The means which procured Home Eule would be effectual to procure separation also in good time. Home Eule could not have a more solemn appearance of finality than the Union had ; why should it have more of the substance? So it might plausibly seem, at any rate, to a thorough¬ going Nationalist. And a movement towards separation in Ireland would be a wholly diflerent thing from a movement towards separation in any of our English colonies. In the latter case an inevitable separation, however much to be regretted, might conceivably be accomplished with decency and dignity, and without bloodshed. In Ireland such a movement would be born in internal dissension; it would probably ripen in civil war, and the ultimate result would be a mili¬ tary reconquest. But let us suppose the resolution of England not to grant independence to be under¬ stood, and her power respected — what then ? Why, for the result of all our elaborate devices of Home Eule we should have Ireland still attached to the British Empire by coercion but one degree removed — still a source not of strength, but of weakness, in our troubles abroad—still not a credit, but a re¬ proach, to English capacity for government. We should be in no better position than we now are, or may be, by a firm and just administration of the exist¬ ing plan. Home Eule, not frankly accepted for its Home Huh and fnqKrial Sovereignty. 95 own sake, would make things worse for England and no better for Ireland. Prove to us that Home Pule will content the people of Ireland, and that is one material point made good. Put if you tell us that, whether they are content or not, we shall always have the strong hand, then we say that, if it must come to the strong hand, we prefer using it to maintain the Union. IV. The truth is, that the difficulties—the insuperable difficulties—of maintaining a just equilibrium between Irish Home Pule and the supremacy of the Imperial Parliament, arise from the peculiar conditions of Ire¬ land. They are not disposed of by telling us that under other and different conditions other arrange¬ ments of a more or less similar kind have been found practicable. If Ireland were, like Hungary,^ an ancient sovereign state, with ancient national institutions; or if it were, like Victoria or New Zealand, a colony settled by a uniform and like-minded population,—the problem of Irish government would be a much simpler one to deal with, or rather would not have arisen in its present form. But Ireland has neither a stock of ancient institutions nor such internal unity as will suffice for the peaceful development of new ones. It * The relations of Ireland to England have never been at all like those of Hungary to Austria. If Charles I. had first made himself absolute in Scotland, and then subdued English liberties by a com¬ bination of Scottish and Irish troops with aid from France (a plan of which all the elements existed, at one time or another, in the counsels of the Stuart dynasty), there would have been something like a par¬ allel to the subjection of Hungary in 1849, but with Scotland in the place of Austria, England in the place of Hungary, not of Austria, and Ireland in that of Croatia. 96 Home Ixule and Imperial Sovcrcicinty. is useless to pretend that conditions exist which notori¬ ously do not exist. Not one of the usual attributes of a commonwealth capable of single and uncontrolled self-government can be truly applied to Ireland. There is no substantial unity in religion, in breeding, in man¬ ners, or in allegiance to any one person or institution. The one thing certain about any scheme of Home Eule turning on the establishment of a single Irish Legis¬ lature at Dublin is that it would be strongly disliked and opposed by a minority of the people of Ireland con¬ siderable in numbers alone, and considerable beyond the proportion of their numbers in wealth, industry, and general ability. It is time we should plainly understand that com¬ monwealths are founded, and institutions established, not with pens and ink but with men. The Constitution of the United States has been often and justly praised. And I would abate no whit of the praise given to the men who framed that Constitution, and procured its adoption in the face of the utmost difficulties. But there is praise to be given elsewhere too. The work of the founders would long since have come to naught without the good will, good faith, and good sense applied by the people of the United States to the handling of it in practice. We have there seen a powerful and zealous party submit to a decision which they felt to be unjust, and believed to be illegal, I’ather than endanger the stability of the federal compact. Tlmre party contests run high, and decisions, however authoritative, are freely criticised; but all parties agree that the law declared and expounded by the proper au¬ thority must in every case be obeyed. A much less skilfully framed constitution woidd become a good working instrument of government in the hands of Homr Rule and hmperial Sovereignty. 97 such men as have made the Constitution of the United States a document of universal importance to students of politics. A much more skilful and elaborate one would fail in a community wanting the elements of political training, and the conditions of harmonious political action. South America is strewn with the wrecks of republican constitutions, which inquiry would probably show to look on paper full as well as the Constitution of the United States. Learning, reflec¬ tion, and skilled expression must all go to the framing of a good constitution ; hut if it is to be born alive, the first things needful are good faith and good will. Eng¬ lish supporters of Home Eule believe, no doubt, that a sufficient majority of good citizens would be found in Ireland to apply good faith and good will to the work¬ ing out of a Home Eule constitution under the imperial sovereignty. But they believe it on evidence which appears to Unionists not only to be insufficient, but to point strongly the other way. This, however, is not all. In a scheme of this kind minorities have to be thought of. Minorities also are composed of human beings capable of action and passion, and are not to be disposed of by a sum in subtraction. One thing which we may learn from our own colonial history is the power of a compact party, working on sentiments of race ^ and religion, which go deeper than ordinary party divisions, to paralyse the working of a scheme of autonomous government which fails to secure their rights, or what they consider to be such, against a disliked and distrusted rule. This was shown in Can- I Sentiments of race may exist, ami may even be artificially created, wlietlier there is much real distinction or not. For politics the ques¬ tion is not one of actual ethnology. What people believe about them¬ selves is often more important than what they are. t: 98 Home Rule and Imperial Sovereignty. ada during the generation beginning approximately with the Queen’s accession, wliich came between the insurrection of 1837 and the federal constitution of 1867. The French Canadians failed in armed resist¬ ance, but under the constitution of 1840 they succeeded in making it impossible for the English party, at first barely equal to them in numbers, but afterwards the majority, to work a centralised form of Home Eule. Ultimately, by the British North America Act of 1867, they obtained legislative autonomy for the Province of Quebec, and they have ever since exercised an influence in the affairs of the Dominion, and en¬ joyed a practical power of getting their own way, which many English Canadians regard as excessive. Now the position of Ulster in Ireland is by no means irnlike that of the Province of Quebec in Canada. There is a Protestant and Teutonic minority face to face with a Catholic and Celtic majority, while in Canada the numbers are the other wmy. In other respects the scale and proportions of the two cases are fairly comparable. If the Unionist minority in Ireland be less numerous and compact than the French minority in Canada, we must bear in mind that it is they who lean on the English connection, whereas in Canada that advantage was on the side of the English majority. The minority is in both cases a thriving and vigorous one.^ I do not see why Ulster can be expected to sit ^ Lower Canada is not a rich country, hut French Canadians have the art of thriving on little. As to the numbers, Ulster has in round numbers 1,743,000, out of 6,174,000. If there are non-Unionists in Ulster, there are Unionists elsewhere in Ireland. The Province of Quebec has 1,460,000, out of a total of about 5,000,000, of which 1,925,000 belong to the Province of Ontario, formerly Upper Canada. The addition of the other English provinces to the Dominion seems not to have weakened the position of the French Canadians. Home Tilde and Imferial Sovereignty. 99 down under Home Eule in the hands of a Catholic and anti-English majority, any more than Lower Canada was willing to sit down under the government of an English and Protestant party, or the English settlers, on the other hand, were willing to tolerate Erench Can¬ adian ascendancy. The chances of success would be at least as good for Ulster as for the Province of Quebec. I say nothing here of the claims which the men of Ulster, and others settled in Ireland on the faith of English laws, may urge, on grounds of morality and political justice, to be provided with safeguards for their religion and usages as effectual as those which the Imperial Parliament has provided for the people of Lower Canada. Eight or wrong, the French Canadians have gotten tlieir own way; right or wrong, Ulstermen would surely endeavour to get theirs. I believe they would succeed in the long run, but at a cost both to Ireland and to England which it is the duty of the Imperial Parliament not to suffer. These last considerations may be thought to point to the endowment of Ireland with some sort of a federal constitution analogous to that of the Dominion of Canada, by which the rights and usages of Ulster might be seciired through provincial autonomy, somewhat like those of the Province of Queljec. And I am indeed apt to think that in such an arrangement might be found the least bad form of Home Eule. Put we are now considering what is practicable, not what is imagin¬ able : and we are met with the fact that no party in Ireland has expressed a desire for anything of the kind, or even a relative willingness to accpiiesce in it. This makes it needless to show at length that such a plan would need far more delicate adjustment than any¬ thing yet proposed, or to dwell on the doubt, which TOO Home Jitile and Imperial Sovercic/nty. seems grave, whether a majority not strongly attached to the English connection would evince the same patience and loyalty as the English population of Canada with regard to the guaranteed rights of the minority. v. Thus are we confronted in every direction with diffi¬ culties fully as great as those of maintaining the Union. Home Eule might put off for a season the day of grappling with those difficulties. Like a spend¬ thrift’s note of hand, it might purchase a little pres¬ ent ease and accommodation upon usurious terms. On the other hand, it is more than possible that it would not procure us even that. Whatever scheme were adopted, there would be a new constitution for Ireland, creating a new set of relations between Ireland and the Imperial Parliament. If Ireland, having an autono¬ mous legislature at Dublin, continued to be represented at Westminster, these new relations would be quite unlike those now existing between Parliament and any British colony or possession. In any case there would be need of interpretation and development. We are expected to assume that this process would be quietly carried on in a civil and j udicial manner, through the means appointed for that purpose by the new constitu¬ tion, and that the subject would be excluded by com¬ mon consent from English parliamentary debate and political controversy. We should have lightly cast off our imperial duties, and Ireland and Irish questions, in the cynical phrase of certain Home Eule advocates, would be out of the way. Having regard to the course of affairs in the past, from which alone we can reason¬ ably foretell the future, I see no reason whatever why Home Huh and Imperial Sovereignty. 101 the expectation should be fulfilled. I have already indicated to some extent the reasons for which I think it would not. Instead of troublesome questions of executive government and special legislation in Ire¬ land, we should have questions of constitutional com¬ petence and imperial discretion which might or might not be debated with greater decency, but which would hardly require less time and attention. Parliament could not refuse to entertain them, and politicians would certainly not abstain from making use of them. There is one way, and it would seem only one, by which a fair chance of growing and taking firm root could be secured for any plan of Home Pule. This would be to make the new Anglo-Irish constitution as difficult to alter as the federal constitution of the United States or of Switzerland. But to do this would be to introduce a wholly new element in our institu¬ tions. We know nothing of statutes which the Queen and the estates of the realm cannot repeal or amend in the ordinary form of an Act of Parliament. The suc¬ cession to the Crown, the government of our Indian Empire, the constitutions of our self-governing colonies, all depend on Acts of Parliament indistinguishable in manner and form from the Margarine Act, or the last Act which may have been passed to remove doubts as to the validity of three or four marriages celebrated in some remote British consulate. To make a formal dis¬ tinction between organic or constitutional and ordinary legislation is to destroy the supremacy of the Imperial Parliament, as it at present exists and is understood.^ 1 It is possible that the framers of one or both of the Acts of Union with Scotland and Ireland .supposed themselves to be framing un¬ changeable organic law’s. Whether they supposed this or not, no competent constitutional lawyer would now maintain that such was the legal effect in either case. 102 Home Buie and Imperial Sovereignty. And therefore (which is more) it is to make a new constitution not only for Ireland and Great Britain in their mutiial relations, but for the British Empire. Canada, Victoria, Hew Zealand, would not submit, and could not be expected to submit, to the supremacy of a Parliament that had made itself incompetent to legislate for Ireland. Some kind of new Imperial Parliament or Council would have to be formed for dealing with affairs of common concern. The Parliament at West¬ minster would become a local legislature for Great Britain, or perhaps for England alone. England herself would cease to be an imperial state, and would be one among many federated states—the first among equals, but nothing more. It is not necessary to assume, nor do I assume, that this is in itself an impossible or absurd result. We cannot tell what the state of the British Empire may be a century hence, and the possibility of some kind of federal constitution being found practicable by our children is fair matter of speculation. It may be pointed out, for instance, that sooner or later the pres¬ ent constant apprehensions of European war must come to an end, either by a settlement following on a warlike trial of strength, or by some peaceable means as yet un¬ certain. Whenever this happens, one grave objection to a federal system for the British Empire—the execu¬ tive weakness of such a system in foreign policy—will become of much less importance. But though it be rash to predict absolutely what a later generation may or may not find expedient, there is no rashness in hold¬ ing that, if the British Empire does ever become a federal union, this will be a transformation greater and more arduous than has yet been accomplished in the history of political societies. An achievement of such Home, Rule and Imferial Sovereirjntij. 103 scope must be the product of ripe occasion and experi¬ ence. No good can come of attempting to force it on before its time. And it is certain that the problem of imperial federation, whenever it is taken up seriously, will for more than one or two years leave us but scant leisure for domestic reform. There are a few thinking persons, I believe, who accept Home Eule for Ireland because they find in it a stepping-stone to imperial federation. It seems to me that, on their own prin¬ ciples, they are beginning at the wrong end. They would embark on a vast enterprise under conditions not only unfavourable but perverse. Tlie British Em¬ pire does not exist for the sake of Ireland, still less for the sake of one party in Ireland. Home Eule must be Irish and Nationalist, or it is nothing; federation must be imperial aud impartial, or it is nothing. Given a federal system, it might be possible to admit Ireland as a constituent without danger; but to work out a federal system by starting with the single and excep¬ tional case of Ireland is a notion exceedingly remote, for both external and internal causes, from any reason¬ able expectation of success. It all comes round to the same issue. By whatever ideas known to politicians or lawyers we test the shadowy presentment of Home Eule which seems to beckon us to a land of peace and concord, we find nothing but a fool’s paradise, with an infinite wilderness beyond it. The Parliament of the United Kingdom is called on to abdicate the sovereign power aud responsi¬ bility in these realms, not in any clear and settled view of good to come, but in sheer weariness and despair. The British Empire was not so made, and it cannot be so maintained. If we do not know how to govern Ireland, we must learn. It is a duty we cannot shuffle 104 Home Ride and Imperial Suvereigidy. off. Eemissness in this duty gives the demand for Home Eule its only real strength. The cry is, “ You cannot, or you will not, perform the office of rulers in Ireland; you have only perplexed matters with legis¬ lation, and instead of being firm and gentle in adminis¬ tration, you are violent and feeble by turns. Let an Irish Parliament make what it can of the task you have failed in. If it does no better, it can do no worse.” A just and high-minded nation, a nation that has achieved what England has achieved in the most various undertakings of government, will not be so abject as to give way to such a cry. We cannot in honour abandon our office if we would. Our worst faults, in their effects, have been those of indifference and ignorance. There has been indifference—perhaps culpable indifference—in the public, and ignorance— perhaps culpable ignorance — where knowledge was to be looked for. But these faults are not invin¬ cible. Englishmen have overcome them before, and can do so again ; the first of them is overcome already. Our people have a mind to be just; and the will to be informed, that they may do judgment with knowledge, is not lacking. To delegate the whole burden would be a strange, and, methinks, no worthy way of repairing what is amiss. I have tried to show that such a course would fail even of its own half-hearted purpose. The way of strenuous and patient justice, turned aside neither by evil nor by good report, will seem the more arduous, as it is the worthier. But the truth of things will not be escaped, and the nobler way is the only safe one at the last. FREDERICK POLLOCK. PIOME RULE AND THE FORCES BEHIND IT. BY K. U. PENROSE FITZGERALD, M.P. It is proposed to demonstrate in this article—(1) That Gladstonian Home Rule is not self-government, but the absolute negation of all self-government; (2) That the force or motive power behind, which has given to the present movement a strength and popularity never attained by similar movements in the past, has been the tempting offer to the present occupier of land in Ireland—that if this attempt was successful, the pro¬ perty of the landlord should be confiscated, and the land given rent-free, or nearly so, to the present occu¬ pier ; and (3) That most of the Parnellite party at home, and all those in America, who have accepted Mr Gladstone’s Home Rule, have done so only because they believe it to be a step towards the attainment of ultimate and total separation. It is possible that there are some Irishmen who hold that the absolute, complete, and total separation of 106 Home Rule and the Forces behind it. their country from England is the best, if not the only, remedy for all the ills of Ireland, arid yet who are and have been unable either to sanction the doings, approve the methods, or countenance the associates of some of the present parliamentary representatives of the coun¬ try. But there can be no doubt that there are hun¬ dreds of other Irishmen loyally devoted to the wel¬ fare and prosperity of their country, who hold that total separation would be a heaven-sent boon as com¬ pared with the political degradation, the fiscal slavery, and the legislative subordination which was offered to Ireland by the Government of Ireland Bill of Mr Gladstone. Strong words these last, but true : for that Bill would have left Ireland with no voice in the Im¬ perial Parliament; it left her without a Foreign Office, with no right to make treaties or alliances with other nations, without control over her police or execu¬ tive, without an army and without a navy; but with an obligation to pay a heavy annual subsidy for ever to the Imperial Parliament, in which she was not to be represented. Taxation without representation with a vengeance ! Why, what was it brought about the Declaration of Independence by America ? What was the chief grievance the American States had against Britain ? Was it not that they were taxed by a Parlia¬ ment in which they were not represented ? And what was the very essence of Mr Gladstone’s Bill ? Was it not that Ireland, both as regards customs and excise and tribute, was to be taxed by a Parliament in which she was not to be represented ? And if Britain was forced to yield to the justice of the claim of the American colonies, by what right and with what justice will she be able to refuse to Ireland the same measure of •absolute and total independence when once she has Home Hide and the Forces behind it. 107 placed her by a law made in the Imperial Parliament in a precisely similar position ? Shall it be said that it was not justice but force that made Britain submit to the independence of America, and that, though Ire¬ land, under the same circumstances, would have the same claim for justice, she would not have the necessary force ? If this be so, then we may fairly ask. Was it justice that made Parliament, at the dictation of the professional Irishmen of to-day, agree to measures for the ruin and spoliation of one class of natural Irish¬ men in Ireland, and that the class that was known to be hostile to the political degradation of Ireland—a degradation which woiild certainly be caused by any such measure as the late Home Rule Bill ? The pro¬ posed Bill, in fact, robbed Ireland of all that is most essential and most dear to free citizens of a free country. It was a scheme for the despotic rule of Ireland by the free Parliament of the rest of Great Britain. “ No community which is not primarily charged with the ordinary business of its own defence, is really, or can be, in the full sense of the word, a free community.”—(Mr Gladstone.) Surely, if anything can, this state of things would have given to Ireland the right to rebel— possibly the reason why the Bill was accepted by some of her representatives. And what said the United Irish National Societies of Chicago to the late Home Rule Bill ? Did they accept it as final ? Did they express themselves satisfied witli its provisions ? And, after all, he who pays the piper has a right to call the tune. In their Address, read at Chicago on the 14th August 1886, are the following words : “ We distinctly declare, that until a majority of the people of Ireland shall have clearly announced that such an infinitesimal measure of justice or redress as was lately proposed by 108 Home Hde and the Forces hcMnd it. Mr Gladstone’s Bill will be acceptable to them as a final settlement of the great debt of justice which is due from the British Crown to the Irish nation, we shall regard the offer or pledge of any parliamentary representative of Ireland to accept such an inadequate grant or concession in full satisfaction and final settle¬ ment of her just demand as unauthorised, and a viola¬ tion of his sacred trust.” And in the ‘ Irish World ’ of November 12, 1887, is the following:— “ This talk about finalities is the more foolish as the past history of the Irish question shows it to be futile. . . . Finality as a plea has two uses. One is to extort pledges of content from a people surprised into grati¬ tude by half a loaf where they expected nothing. The other is to bring people to do justice from policy, where they should do it because it is justice. In either aspect it is unworthy of Mr Gladstone and the English Liberals. And in neither should it receive any countenance from any friend of Ireland. There is no finality except jus¬ tice, and Mr Gladstone’s Home Eule plan is but a small instalment of justice to Ireland. ... A proposal to give them a Parliament, which shall have not a tithe of the power of that which they were robbed of, and to keep this Parliament permanently under the step¬ motherly oversight of England. . . . The original pro¬ posal which Mr Gladstone made was meagre enough. It debarred the Irish nation from dealing with ques¬ tions of religion and land, with diplomatic and military matters, and with excise, taxes, and duties on imports. It bound them for ever to the throne of the dynasty reigning in Great Britain. It made them an appendage to the military and diplomatic policy of the British Empire. It forbade them to create an army of their own, while it left their country a recruiting-ground for Hortu BiiU and the Forces behind it. 109 the British army. It debarred them from fostering any Irish industry by the indirect method of taxation on imports.” The second-mentioned class of Irishmen, to whom reference has been made (well knowing that it is im¬ possible to have two Parliaments in any one State co¬ equal and co-ordinate—for one must be sovereign and the other subordinate—and holding, as has been said, that total separation, however strongly they may object to it, would he better than the state of vassalage and subordination which the late Bill would have imposed upon Ireland) hold, and hold emphatically and con¬ sistently, that the only other alternative is the main¬ tenance and strengthening of the Union on equal terms between Great Britain and Ireland. And for holding this opinion they have been condemned by the laws of the League to bankruptcy and ruin—a sentence which appears likely to be, if it has not already been, carried out with the assistance of some recent laws of Parliament. Iir this paper we shall have but little to say of either of the above classes, not because they are not deserving of attention, or, indeed, of respect, but because they are not the classes who have given any support to the Parnellite or Home Pule movement of the present day. Our object is to inquire by what means the majority of the electors of the three southern provinces—men chiefly of the farming classes—have been persuaded to return as their representatives men who, as a rule, are not agriculturists, and who in many cases do not hail from the district they represent, but who are pledged to vote for Home Pule for Ireland, and who, while in their speeches in the House of Commons and their meetings and speeches in England, declare that they 110 Home Bnle and the Forces behind it. neither ask for nor desire absolute separation, but are satisfied with an alteration in the constitation on the lines of the late Bill, for the purpose, as they say, of causing “ a union of hearts,” and binding Ireland more firmly to Great Britain, declare with no less certain voice on every platform in Ireland and America, that nothing will satisfy them short of total separation from Great Britain. Was it the spontaneous, unan¬ imous and deep - reaching sentiment in favour of Home Eule that animated those provinces ? or were there some other forces behind that were used either to seduce or to terrorise them into acquiescence with that sentiment 1 In other words. Is it true that Irish unrest is due far more to a desire for change in the land laws than to passionate longing for national in¬ dependence, or for that which was supposed to be a stepping-stone to national independence ? It is a most remarkable circumstance that all previous attempts to get up agitation for the repeal of the Union have, after short and turbulent lives, died a natural death of inanition from want of support and vitality; instance the movements of Mr O’Connell, Mr Smith O’Brien— and later, of the Fenians and Mr Butt. Now it is neces¬ sary to show, in the first place, that the attack on the landowners in Ireland is part of a deep-laid scheme for rousing the enthusiasm of the tenant-class by an appeal to the worst sentiments of x^Uvate greed and public plunder, and, by linking that cry with the de¬ mand for repeal, either total or partial, to cripple or beggar the owners of land, as a means for facilitating the ultimate and real object—namely, sejiaration-—the landowning class being regarded, rightly or wrongly, as the first or main barrier to separation. We find so far back as 1848 the force necessary to have behind a Homo, Ride and the Forces behind it. Ill movement for repeal, in order to make such a move¬ ment strong, as far as numbers are concerned, was discovered and explained by Mr Fintan Lalor in a newspaper published by him in that year, named ‘ The Irish Felon.’ In the numbers of this paper of June 24, July 1, and July 8, 1848, is to be found fully and clearly stated the whole programme of the Land and National Leagues of 1879 and 1887; and though this programme practically lay dormant between 1848 and 1879, it was precisely the same means ad¬ vocated by Mr Fintan Lalor in 1848 that were adopted in 1879 by the leaders of the Land League movement. Ill the ‘Irish Felon’ of June 24, 1848, Mr Lalor in¬ dicated the means by which the doctrine of “ the land for the people ” might be made to bring about or assist the movement for Irish national independence. In this declaration, Mr Lalor says: “ The entire owner¬ ship of Ireland, moral and material, up to the sun and down to the centre of the earth, is vested as of right in the people of Ireland. The soil of the country be¬ longs as of right to the entire people of that country —not to any one class, but the nation,—one condition being essential, that the tenant shall bear true and undivided allegiance to the nation whose land he holds, and owes no allegiance whatever to any other prince, power, or people, or any obligation of obedience or respect to their will, their orders, or their laws. No one has a higher respect for the rights of property than I have, but I do not class among them the robber rights by which the lands of this country are held in the grasp of Irish landlordism.” This declaration was afterwards quoted by Mr Davitt on 23d January 1887, in a speech at New York as reported in ‘ The Irish World’ of 29th January of the same year. Mr Davitt 112 Home Rule and the Forces hchind it. then added: “ These, ladies and gentlemen, are the principles, these the convictions and this the resolu¬ tion, which presided over the birth of the Land League movement.” On referring to the paper from which Mr Davitt quoted, and to the two following numbers, these pas¬ sages are found: “ I mean to assert this, that the land question contains, and the legislative question does not contain, the materials from which victory is manufac¬ tured ; it is on the former question, and not on the latter, that we must take our stand, and hurl down to England our gage of battle. This island is ours, and have it we will.” In the second number of the ‘ Irish Felon’ Mr Lalor further develops the scheme. He denounces repeal of the Union as impracticable and absurd, and points out that the operations against England must be defensive. “ The force of England,” he says, “ is intrenched and fortified. You cannot or¬ ganise or train or discipline your own force to any point of efficiency. You must therefore disorganise and untrain and undiscipline that of the enemy. You must make the hostile army a mob, as your own will be; force it to act on the offensive, and oblige it to undertake operations for which it never was con¬ structed. Nothing of all this could you do on repeal.” “ There is yet another class of means and mode of force, better founded in moral right, and more efficient in action, than either agitation or military insurrection. Its theory may be briefly stated as founded on the theory of natural law—that every distinct community or nation of men is owner of itself, and can never of right be bound to submit to be governed by another people. The practical assertion of the right consists of two parts— Home Rule and the Forces behind it. 11?. “ 1. Abolition of British government. “ 2. Formation of a national one. The mode of action which this country might have recourse to, consists— “ 1. In refusal of obedience to usurped authority. “ 2. In maintaining and defending such refusal of obedience. “ 3. In resisting every attempt to exercise such usurped authority and every proceeding adopted to enforce obedience. “ 4. In taking quiet and peaceable possession of all the rights and powers of government, and in proceeding quietly to exercise them. “ 5. In maintaining and defending the exercise of such riglits and powers should it be attacked. . . . Strip, then, and bid Ireland strip. Now or never—if, indeed, it be not yet too late to achieve independence. There is, I am convinced, but one way alone, and that is, link repeal to some other question, like a railway carriage to the engine—some question strong enough to carry both itself and repeal to¬ gether. And such a question there is in the land —one ready prepared. Ages have been preparing it. An engine ready made; one, too, that will generate its own steam with¬ out cost or care—a self-acting engine, if once the fire be kindled. Repeal had always to he drayged. This I speak of will carry itself as the cannon-ball carries itself down the hill.” AVith regard to No. 4—“ taking quiet and peaceable possession of all the rights and powers of government,” &c.—any one who lias studied the proceedings of Irish 11 114 Home Rule and the Forces behind it. boards of poor-law guardians, or of municipal corpo¬ rations, dl^ring the last few years, will know with what care and determination this advice has been carried out, though it has not unfrequently ended in the insolvency and bankruptcy of the boards, lu the third and last number of the ‘ Irish Felon,’ July 8, 1848, Mr Lalor concludes his essay, under the heading “ The Faith of a Felon,” and lays down in dis¬ tinct terms the No-Kent policy, which was destined to be put into operation after a lapse of thirty years. “ Years ago,” he says, “ I perceived that the English conquest consisted of two parts, combined into one whole—the conquest of our liberties and the conquest of our lands. I saw clearly the reconquest of our liber¬ ties would be incomplete and worthless without the re¬ conquest of our lands, and could not, on its own means, be possibly achieved; while the reconquest of our lands would involve the other, and could possibly, if not easily, be achieved. The lands were owned by the con¬ quering race or by traitors of the conquered race. They were occupied by the native people, or by settlers who had mingled or merged. I selected as the mode of re¬ conquest to refuse payment of rent and resist process of ejectment.” Then, after regretting the rejection of his method of revolution by the Young Ireland party, Mr Lalor goes on to enumerate his opinions, and the methods by which he considered it possible to effect a successful insurrec¬ tion. Amongst them we find these (the first two repre¬ sent practically the Plan of Campaign) : “ (3) That the occupying tenants ought further, on principle, to refuse all rent to the present usurping proprietors, until they have, in national congress or convention, decided what rents they are to pay, and to whom they are to pay Home Rule and the Forces behind it. 115 tlieni. (4) And that the people, on grounds of policy and economy, ought to decide that those rents shall be paid to themselves, the people, for public purposes and for the behalf and benefit of them, the entire general people. These are the principles,” he continues, “which I advise Ireland to adopt at once, and at once to aim for. Should the people accept and adhere to them, the English Government will then have to choose whether to surrender the Irish landlords or to support them with the armed power of the empire. If it refuse to incur the odium and expense, and to peril the safety of England in a social war of extermination, then the landlords are nobody, the 'people are lords of the land, a mifjhty social revolution is accomplished, and the foundation of a na¬ tional revolution surely laid. If it should, on the other hand, determine to come to the rescue and relief of its garrison, elect to force their rents and enforce their rights by infantry, cavalry, and cannon, and attempt to lift and carry the whole harvest of Ireland—a some¬ what heavy undertaking, which might become a hot one, too—then I, at least, for one, am prepared to bow with a humble resignation to the dispensations of Prov¬ idence. Welcome be the will of God ! We must only try to keep our harvest, to offer a peaceful passive re¬ sistance, to barricade the island, to break up the roads, to break down the bridges, and, should need be, and favourable occasion occur, surely ive may venture to try the steel. It has been said to me that such a war, on the principles I propose, would be looked on with detestation by Europe. I assert the contrary. I say such a war would propagate itself throughout Europe. Mark the words of this prophecy: the principle I proposed goes to the foundations of Europe, and sooner or later will cause Europe to uprise.” no Home Rule and the Forces behind' it. The failure of Mr O’Connell, of Mr Butt, and of the Fenians to arouse any real enthusiasm on the question of national independence or Home Eule, demonstrated to perfection that the national movement could not stand by itself—to use the straightforward language of Mr Lalor himself, “ it had to be dragged,” and the ques¬ tion of the land was the engine to which the truck which was supposed to bear the national aspirations of Ireland must of necessity be linked. Is it necessary, is it possible, to establish more clearly the identity of the two schemes and the methods of operation 1 The means foreseen by Mr Lalor in 1848, by which alone enthu¬ siasm in the cause of national independence could be excited, was “ the land ”—the means adopted by the Land and National Leagues were the “ No-Eent ” and “ Plan of Campaign” manifestoes. And now let us look for a moment at what are the true sentiments and opinions of the leaders of the Home Eule party, when they openly speak their minds to a sympathetic audience other than the House of Com¬ mons. Have they ever accepted as final Mr Gladstone’s measure ? have they ever failed to acknowledge and to express the opinion that the land is the motive foioer, the ruin of the landlords the means, and total separation the end at which they aim. In this, the means, the ruin of the landlords, they have been assisted by a well-meaning but certainly ill-advised Legislature, who, with all the intention to do justice, have, at the dictation and threats of the party of separation, done the most desperate in¬ justice. The end and the means the Parnellites have expressed in language far more easy of comprehension, and less ambiguous, than Mr Gladstone’s. They have consistently preached in Ireland and America a doc¬ trine which can best be understood by a careful study Home Hide and the Forces behind it. 117 of their speeches, of which the following paragraphs are extracts:— Mr Farnell, President of the Irish National League .— “ Deprive them ” (the landlords) “ of the position of an English garrison in Ireland, and then the last knell of English power and government in Ireland would have sounded. . . . Let us see, as in 1782, one hundred thousand swords, both Catholic and Protestant, leaping from their scabbards, and ... it will not be a ques¬ tion of chicanery or of Acts of Parliament, or of any¬ thing that can possibly interfere with the rights of our own people to make their own laws on the soil of Ireland.”—Speech at Liverpool, November 30, 1879; ‘ Irishman,’ December 6, 1879. “ If they ” (the Government) “ prosecute the leaders in this movement, it will not be because they wish to preserve the lives of one or two landlords—much the English Government care about the lives of one or two landlords—but it will be because they see that behind this movement there is a more dangerous movement to have a hold over Ireland; because they know that if they fail in upholding landlordism here—and they will fail—they have no chance of maintaining it in Ireland, because they know that if they fail in upholding land¬ lordism in Ireland, their power to misrule Ireland will go too. ... I would not have taken off my coat and gone to this work if I had not known that we were laying the foundations by this movement for the re¬ covery of our legislative independence.” — Sj)eech at Galway, October 24, 1880; Official Eeport, Queen v. Parnell, &c., p. 165. “ Organise yourselves against the landlord system; and, believe me, the day is dawning when we shall have taken the first great step to strike down British misrule. 118 Home llulc and the Forces behind it. and the uoble dreams of Grattan, Emmett, and Lord Edward Fitzgerald, and of every Irish patriot, ought at all times to be brought to a triumph and realisation.”— Speech at Beaufort, May 16, 1880; Official Eeport, Queen v. Parnell, &c., p. 435. Mr John Dillon, ALP. —“In the county of Mayo, where the organisation is pretty strong, we have many a farm lying idle, from which no rent can be drawn, and there they shall lie ; and if the landlord shall put cattle on them, the cattle won’t prosper very much.”— Speech at Kildare, August 15, 1880; Official Eeport, Queen v. Parnell, &c., p. 287. “ This is a cause which the Irish Natioiralist can go into, because its object is to break down and defeat the English garrison which holds this country for Eng¬ land. Its object is to clear the path for Irish nation¬ ality by emancipating all the people of Ireland from the control of English landlordism.”—Speech at Hollyford, October 17,1880; Official Eeport, Queen v. Parnell, &c., p. 493. Mr T. AI. Healy, M.P. —“ We believe that landlordism is the prop of English rule, and we are working to take that prop away. To drive out British rule from Ireland we must strike at the foundation, and that foundation is landlordism. We seek no bargain with England. As the Master said unto the tempter when he offered Him the kingdoms of heaven, ‘ Begone, Satan ! ’ so we will say unto them, ‘ Begone, Saxon ! ”’ •— Speech at Boston; ‘Irishman,’ December 24, 1881. Mr A. O'Connor, M.P.' —“ The land agitation was only a means to an end, and that end was the re-establish¬ ment of the people as an independent nation, with the destinies of the country in their hands; so that they should be able to say to England, or to any other power Home, Hide and the Foi'ces behind it. 119 that attempted to dominate the country, ‘ Hands off! we can manage our own affairs ! ’ ”—Speech at Mary¬ borough, October 7, 1883; ‘Freeman’s Journal,’ Oc¬ tober 8, 1883. Can anything show clearer than the above that total separation is the real object, and that the speakers, having arrived at the same conclusion as Mr Lalor did ill 1848—namely, “ that the land question contains, and the legislative question does not contain, the materials from which victory is manufactured ”—have used the engine of the land temptation to drag the truck of total separation, the truck being labelled “ Home Eule ” ? We are examining as to what force or forces there were behind the movement for Home Eule. The land was one ; was there no other? Was the elector allowed to vote and act according to his own views and ideas, or was he terrorised by the very real fear of pains and penalties and outrages to life, limb, or property 1 Earl Spencer says in his preface to the ‘ Handbook of Home Eule,’ page 17: “ It is absurd to say that these results are caused by terrorism exercised over the minds of the electors by the agitators in Ireland” (alluding to the number of votes accorded to the said agitators at the last elections). On what grounds Lord Spencer, who in 1881 (a period when he may fairly be supposed to have had an intimate knowledge of the doings of the O O agitators) used these words :— “ There exists a body of men who have not for their object, or at all events for their principal object, the advantage of the Irish tenant, but who are pursuing schemes of political revolution. The land agitation in their hands is not merely a constitutional agitation to redress land grievances, which is perfectly justifiable; it is an agitation whose object is to destroy the Union 120 Home Rule and the Forces behind it. of the empire, and to overthrow the established govern¬ ment of the United Kingdom. Mr Parnell admits now that what he wants is not ‘ fair rent,’ he wants no rent at all; he wants to get rid of the landlords in order that he may get rid of the English Government, and for this object every kind of intimidation has been em¬ ployed to deter honest men from doing their duty and fulfilling their obligations.”—12th November 1881. And again these words: “ The deeds of those men to whom I have referred will, however, be as futile as they are dastardl}^ They will not terrify the English nation. The statesmen of the nation and the nation itself will face their enemy with a determination not to be beaten, and they will not give up one point or idea which they consider necessary to maintain the United Parliament of England and the sovereignty of the Queen. I say this not only to the English and Scotch nation, but I say it to the Irish nation.” On what grounds he now says that it is absurd to think that terror existed over the minds of the electors, we know not, and would much like to know. Eor one thing is quite certain—namely, that for years before the elections of both 1885 and 1886 the terror of the laws of the League was complete. The sentences for disobedience to those laws were severe and their execu¬ tion certain. What were all the murders, leg-shatter- ings, maimings, and mutilations that took place be¬ tween 1879 and 1886? They were not murders of police or landlords or bailiffs, they were the execution of sentences passed against members of the tenant-class, who had disobeyed the law of the League, and the very number of these murders, the severity and frequence of these sentences, shows how hard it was to drive the masses of the people into dishonest courses and obedience Home Rule and the Forces hchind it. 121 to the unwritten law. “ Absurd to say that the results were caused by terrorism”? Why, for years the coun¬ try had been under the heel of the most tremendous despotism, which had long been able to show that its word was law, and that to break that law was to incur certain, swift, and severe punishment. In an article such as this there is not space for all the quotations from judges’ charges, newspapers, &c., which go to prove this statement; but surely Sir George Trevelyan knew something of the country in 1885, and what is his evidence ? “ The poor, the helpless, the uninfluential, the farmers and labourers throughout the south and west of Ireland who, at a terrible risk to life and limb, insisted on ful¬ filling their legal obligations ; the smaller and humbler officers of the law, who did their duty through the bad times, will now be left to the mercy of those who have not concealed their intention of paying them out when¬ ever they can get a chance.” “ It is not only landlords and red-hot Orangemen who feel apprehensive, it is every one who has asserted his legal right to work for whom he likes; every one who takes any part in bringing to justice those whom the organs of the new administration and party regard as victims and martyrs, every quiet citizen and every member of that minority, which would not be a min¬ ority if both parties would join in determining that law and order should no longer be trifled with any more than it is trifled with in Yorkshire and Somersetshire.” “The inquisition into the conduct of jurymen at an Irish trial has always been most searching. One very well-known gentleman in the south of Ireland sat on a jury on an agrarian crime. He was among those who were for a conviction. The jury disagreed ; the prisoner 122 Home Rule and the Forces behind it. was not punished; but this gentleman was none the less a marked man, and he was murdered.”—Sir George Trevelyan at Hawick, May 5, 1886. From the nature of the case it is evident that to get witnesses to give their names in such times is an im¬ possibility ; and to any one who knows Ireland, and whose mind is not warped by party or political motives, it is notorious that the elections were obtained by widespread and perfectly organised terrorism, by undue influence, and other flagrant violations of the Ballot Act, and, when they did vote without intimidation, it was, as Professor Goldwin Smith has said, “ because the people were simply voting for freedom from imperial restraint to complete the spoliation of the landlords.” The following evidence of unsuccessful candidates, collected just after the elections of 1885 and 1886, shows how right Sir George Trevelyan was in saying that the people considered that it was at a “terrible risk to life and limb that they fulfilled their legal ob¬ ligations.” A candidate for one of the divisions of Munster writes: “ Many said they would be afraid to vote for me, and would not vote against me, and this was borne out by the fact that nearly 2000 did not vote at all.” Another candidate writes : “ Personally I was treated with great respect, and not a word was said against me ; but the National League had its ramifica¬ tions in every townland, and the organisation is perfect, as the dread of being boycotted has completely cowed the people.” The candidate for one of the divisions of Connaught writes : “ Shopkeepers said to me when can¬ vassing, ‘ Go away; I will vote for you, but don’t be seen talking to me.’ Such a state of abject fear was never before known in a civilised country. The organ¬ isation is now simply perfect, and is as cruel, as relent- Home Jlule and the Forces hchind it. 123 less, as far-seeing as the old Inquisition.” A candidate for one of the boroughs in the south writes : “ The most remarkable feature in the contest was the absten¬ tion of 2240 voters, notwithstanding the greatest pres¬ sure of the Koman Catholic clergy and organised canvassers. I attribute this to a general want of con¬ fidence in the secrecy of the ballot, and the dread of separation from England in the minds of comfortable farmers and independent small shopkeepers.” A can¬ didate for a division of Leinster writes: “ As far as I can judge, the respectable farmers are getting very tired of the National League, and I got many letters promis¬ ing support from lioinan Catholic farmers, but I was not to tell any one, as they were afraid of being boy¬ cotted.” The agent of a Roman Catholic candidate for one of the divisions of a midland county writes : “ Over a thousand votes were not recorded. Tliese were prin¬ cipally loyalists, who were prevented, I believe, from going to the poll for fear of consequences which might ensue to them. Nearly every voter on the other side was polled.” Since the time the above was written, it is quite true that Mr Gladstone has changed his opinion of the mode of action of the Separatist party; for, speaking at Derby on the 20th of October 1887, he is reported to have said: “It is commonly said, gentlemen, that I am now engaged in co-operating with those who, on a former occasion, I denounced as propounders of plans that signified rapine and meant the dismemberment of the empire. It is quite true that in the year 1881 I did describe in that strong language the policy which the Nationalist leaders of Ireland seemed to me at that time pursuing. . . . My belief . . . was that the intention of that party was not simply to seek equita- 124 Home Mule (Did the Forces heliiml it. ble adjustment between the tenants and the landlords o" Ireland, but to destroy the essence of lauded property in that country, and thereby to break up social order and the essential conditions on which the empire is united. ... I find no such purpose entertained by the Nationalists of Ireland. As they have obtained greater power their moderation has become conspicu¬ ous. As they now command an overwhelming majority, so all grounds of suspicion for a desire to destroy the lauded property of Ireland has disappeared.”—‘ Times,’ 21st October 1887. Let us see what the evidence of this “ conspicuous moderation” is. Mr Justice O’Brien, at the opening of the Kerry Assizes in March 1887, used these words : “ . . . The law is defied—perhaps I should rather say has ceased to exist. Houses are attacked by night and day, even the midnight terror yielding to the noonday audacity of crime. Person and life are assailed. The terrified inmates are wholly unable to do anything to protect themselves, and a state of terror and lawlessness prevails everywhere. . . . And to all those evils we have to add another, and perhaps the worst of all— that of which you are all conscious, and of which ex¬ perience and observation reaches you every day in all forms of social life, a system of unseen terrorism, a system of terror and tyranny that the well-disposed classes of the community ought to detest and abhor, and of which, on all sides, I have heard, in this country and other countries, one universal expression and de¬ sire in reference to it—that some means should be found to put an end to it.” And Mr Justice Johnson, at the Cork Assizes of March 1887, spoke thus in his charge : “ ... Is it possible, then, that people living in isolated houses, subjected to attacks of that kind, can TTomr Rule and thr Forces hehind it. 125 be expected to do any duty in the interests of the public ? can they discharge their duty as ratepayers, as poor-law guardians, or as jurors ? As long as the law is not maintained, as long as the law of violence and midnight marauding is allowed to exist, there can be no peace or security in the country.” And the same judge at Limerick, at the March Assizes, 1887, says: “ . . . I found here that in no less than nine cases parties of armed men, frequently disguised and under other circumstances which have enabled them to avoid detection and be made amenable, have gone deliberately roaming through the country for the purpose of wreak¬ ing vengeance on the unfortunate inmates of peaceable homes, sometimes in the number of thirty, sometimes in the smaller number of from two to thirty ; some¬ times accompanied by cases of brutal violence. I have a case before me in which a peaceable family were dragged from their beds at night, and even the woman of the house was dragged from her bed and brutally beaten. There is another case where a son, because he had the courage to stand up for his father, was shot through the thigh.” Yet all this was in 1887, after they “ commanded an overwhelming majority.” And Mr Dillon, one of the most outspoken of the party, in a speech at Dublin on the 23d August 1887, showed his “conspicuous modera¬ tion ” in these words : “ I am alluding now to combina¬ tion amongst tenants, known as the ‘ Plan of Campaign.’ Now let me siiy this, that, if there be a man in Ireland, and I do not believe there is, if there is a man in Ire¬ land base enough to back down, to turn his back on the fight now that Coercion has passed, I pledge myself in the face of this meeting that I will denounce him from piiblic platforms by name, and 1 pledge myself 126 Home Itulo and the Forces behind it. to the Government that, let that man he whom he may, his life will not be a happy one either in Ireland or across the seas. And I say this with the intention of carrying out what I say.”—(‘Freeman’s Journal,’ August 24, 1887.) And the same speaker at Castle- reagh. County Eoscommon, on December 5, 1886, is reported as follows in the ‘Freeman’s Journal’ of December 6, 1886: “And I warn the men to-day, who take their stand by the side of landlordism and signalise themselves as the enemies of the people, that in the time of our power we will remember them. And I warn you that in the day of struggle you are going into this winter, your enemies have a day of reckoning at hand.” And again the same speaker at Dublin, on the 23d August 1887 (‘Freeman’s Journal,’ 24th August), said: “ I want to say plainly that, so far as I go, I intend to practise the same form of intimida¬ tion in spite of all proclamations or persecutions they can enforce. If the operations of the League in the past can be correctly described by intimidation, then I say I intend to practise them and preach them.” And previous to the above date, but after they had com¬ manded their overwhelming majority, Mr Dillon is reported in the ‘Freeman’s Journal’ of Monday, 24th January, speaking to a meeting at Glenbeigh, as fol¬ lows : “ I will show Mr Koe, if he has any stomach for such work, men who can pay and won’t pay, because I tell them not to pay. I will show him men who avow that they can pay and refuse to pay, because they are in the Plan of Campaign. I challenge Mr Eoe to come and face me in Mayo, Tipperary, or North Kerry, and I will teach him a lesson there that will last him his life.” Can any one reconcile these statements with that Home Rule and the Forces hehind it. 127 “ conspicuous moderation ” which Mr Gladstone has found in the Separatist party since the last election ? and can any one deny in the face of this evidence that, in the first place, Home Kule, as offered by Mr Glad¬ stone, is not self-government; in the second, that the motive power behind the demand for Home Eule was the greed to possess the land of others ; and, thirdly, that the Home Eule party have simply used that cry as a stepping-stone to total separation? Was Mr Gladstone right when, in 1882, he spoke of Mr Dillon in the House of Commons thus : “ The lion, gentleman comes here as the apostle of a creed, which is a creed of force, which is a creed of oppression, which is a creed of the destruction of all liberty and of the erec¬ tion of a despotism against it and on its ruins, differ¬ ent from every other despotism only in this that it is more absolutely detached from all law, from all tradi¬ tion, and from all restraint ” ? And, if so, where are the evidences of Mr Dillon’s conversion to “ conspicu¬ ous moderation”? And was Sir William Harcourt right when he used these words of Mr Dillon in the House of Commons on March 3, 1881 ? “ We have heard the doctrine of the Land League expounded by a man who is an authority to explain it. The doctrine so expounded is a doctrine of treason and assassina¬ tion. . . . To-morrow it will be in the hearing of the civilised world, which will pronounce its judgment on this vile conspiracy. I knew that these were the ob¬ jects of the Land League.” K. U. PENROSE FITZGERALD. SEPAEATIST DEMANDS AND UNIONIST REMEDIES.' BY THE MAEQITIS OF HAETmGTOK. NOVEMBER 1887. I SHALL attempt to enlist your attention for the short time during which I can be permitted to address you on that greater subject which underlies all these tem¬ porary phases of the Irish question, on that question which, though it may for a moment be slumbering, will undoubtedly at some not distant period be revived, which appears in all probability to be the question which will be the dividing line between parties in the Parliament of Great Britain, and which, for Ireland and for Irishmen, has larger and wider and greater and deeper issues at stake than any which can belong to merely political or party issues. Therefore, in what I shall say to you to-night, I propose to speak on the ^ Extracts from speeches delivered in Dublin, November and De¬ cember 1887. Separatist Demands and Unionist Remedies. 129 subject of the future of the government of Ireland, on that question which is known to us as the Home Kule question; and I propose to examine as shortly, and, I hope, as calmly and temperately as I can, some of the bearings on that question, and to consider what portion of the Irish people it is that desires to support the Home Rule measures of the late Government, and why they support them, and also what portion of the Irish people are opposed to and dread that policy, and on what grounds they dread it. This is a question which comes home to Irishmen in a sense different from that in which it presents itself to us in England. For us it is a question affecting the continued greatness of the empire. For us it is a question how it will work upon the position of Great Britain in the world, on its esti¬ mation in Europe, on the opinion of foreign nations, what effect it will have upon the allegiance and respect of our colonies, and what effect it may have upon our great Indian empire. For us it is a question of the maintenance of our Constitution as it at present exists. For us it is a question whether parliamentary govern¬ ment, the supremacy of Parliament, as we have hitherto known it, can survive the blow which is sought to be inflicted upon it; whether our parliamentary institu¬ tions and our parliamentary system of government can survive this commencement and introduction into our system of the principle of disintegration. For us it is a question of honour whether it is competent to us— the Parliament of Great Britain—to abandon engage¬ ments on which we have deliberately entered, and to intrust to others the fulfilment of engagements to which the honour and the credit of Parliament is pledged. For us it is a question of duty whether we are entitled to abandon to the care of any other or inferior assembly I 130 Separatist Demands the lives, the liberties, and the property of subjects of the Queen who have obeyed the laws of Parliament, and who have shown themselves as loyal and devoted citizens of the British empire as any who are to be found in the remainder of the United Kingdom. To us all these questions present themselves, and you also in Ireland who are proud of the title of British citizens, who are not willing to surrender any of the rights which you possess as British citizens, you, no doubt, will also look on these questions from the same im¬ perial point of view as we strive to do it. But Irish¬ men would be something more than human if they were to neglect all consideration of the manner in which the decision of this question will affect their own in¬ terests, their own security, their own prospects in life ; and I think I might add that Irishmen would be want¬ ing in their duty to Ireland if they were not to look at this subject first, foremost, and mainly from the point of view in which it will affect in the future the pros¬ perity and the progress of Ireland. . . . Suppose we acknowledge that at the present moment there is a majority in Ireland which has expressed its adhesion to the Separatist policy which was proposed in the last Parliament. I ask, gentlemen, whether the fact is conclusive in the minds even of English Home Eulers ? Are they prepared to say that they are ready to grant anything which the Irish majority will ask for ? They have distinctly repudiated any such ad¬ mission. They tell you in every speech they make that if Ireland, if a majority of the Irish people, were to ask for separation or for absolute independence, they would never grant it. They tell you they would not grant Home Eule unless Home Eule were surrounded by safeguards and by checks which would adequately and Unionist Remedies. 131 secure the continued supremacy of Parliament, and which would secure the protection of minorities in Ireland. And therefore, by their admissions, they are not willing to grant everything which the Irish majority may demand, but only that which commends itself to their own judgment. And that being the state of the case, I maintain that it devolves upon them to prove that which they have never yet attempted, or at least attempted successfully — to prove, namely, that the Horae Eule which they are willing to grant to Ireland is the thing which the majority of the Irish people are asking for, or that they will satisfy the real desire of the Irish majority by the concession of this limited Home Eule. I should say that all the indications are entirely in the contrary direction. If we look at the speeches and declarations of the leaders of the Separatist party in Ireland before the proposals which were made by Mr Gladstone, if we look at the speeches which even now are made by members of Mr Parnell’s party in America, if we look at the declarations and the opinions of the Irish party in America, which exercises so great an influence on the counsels of the Home Eule party in Ireland, we shall come, I think, to the conclusion that the real object for which they have been striving, the real object for which they are striving now, is not for any limited system of Home Eule, not for any limited and subordinate parliamentary government such as is offered to them, but for national independence and for complete separation from Great Britain. And again, gentlemen, if we look at the course of the struggle which is taking place in Ireland itself, if we look at the causes of the resistance to the law which is now going on, we shall find that the struggle partakes far more of an agrarian struggle for the possession of the land than 132 Separatist Demands for any reform or change in the system of the govern¬ ment of Ireland. Well, gentlemen, we shall perhaps be able to obtain some better insight into what is the real nature of the demand of the Irish majority if we at¬ tempt to examine for a moment what are the objects for which it appears to be made. We used to hear, and we heard very justly, of Irish grievances ; but Mr Glad¬ stone himself declared not very long ago that Irish grievances had been removed, and it is true. Eoman Catholic disabilities no longer exist. The Irish Church, which was considered to be an insult to the faith of the great majority of the inhabitants of Ireland, no longer possesses a position of pre-eminence and power. The land laws have been reformed—perhaps not to the extent which all Irishmen would desire, but at all events to a great extent in the direction of popular Irish demand. I can myself recollect when Irish patriots in the House of Commons, pointing to the grievances of the Irish Church and to the inequitable character of the Irish land laws, have promised to the House of Commons that when these grievances were redressed, Irish dis¬ content would cease; and they made those promises with just as much confidence as the Irish patriots who are now promising that Irish discontent will be ap¬ peased, and Irish contentment will begin to prevail, as soon as a limited form of Home Eule and national self- government is granted to them. But perhaps it may be said that Irishmen are asking for Home Eule in order to conclude the not yet settled question of the land. Is the question of the Irish land, in the opinion of the English Home Eule party, a ques¬ tion which is to be left to the arbitrament of an Irish Parliament 1 On the contrary, it has been declared that the Irish land is a question which cannot be left and Unionist Remedies. 133 to be settled by an Irish Parliament, but which must be preliminarily settled by the Parliament of Great Britain. In that position the Irish Home Eule party have acquiesced by their acceptance of the Government Bills of last year; and I ask you, gentlemen, whether the English Home Eule party and the Irish Home Eule party were not right in that contention, and whether any Irishman honestly believes that the vexed and difficult question of the Irish land can be brought to a satisfactory or a just settlement by the interven¬ tion of an Irish Parliament alone ? What else, then, is there? What are the subjects which Parliament is unwilling or unable to deal with, and which are to be settled for the benefit of Ireland by an Irish Parlia¬ ment ? We may be told that the agricultural interest in Ireland is depressed ; but I ask whether the agricul¬ tural interest in Ireland is more depressed than the agricultural interest in England, or, in fact, in every country in Europe ? We may be told that the condition of a portion of the west and south of Ireland is deplor¬ able, and I fully admit it. But again I ask. Is there any remedy that has been proposed to Parliament by Irish members, and which Parliament is unwilling to consider ? Do you suppose, gentlemen, that there is any remedy for either the agricultural depression which pervades the whole of Ireland, or for its more inten¬ sified form which prevails in certain portions of Ire¬ land, which the Parliament of the United Kingdom would not be ready to take up and grapple with if any suggestion of a reasonable character could be made? Are we to suppose, gentlemen, that Mr Parnell and his followers have got some specific remedy for the evils and grievances that prevail, which specific they will not disclose save in an Irish Parliament? No; I be- 134 Separatist Demands lieve that it is doing the people of Ireland the greatest injury, and anything but good service, to induce them to believe that evils which are of a purely economic character can be redressed by the action of any political changes. Whatever may have been the case in the past, I believe that the present democratic Parliament of Great Britain is ready and only too anxious to listen to any proposals which may be made which will have the effect of improving the material con¬ dition of Ireland or any part of Ireland; and it is idle for the Separatist Irish members to attempt to persuade the people of Ireland or the people of Great Britain that they have remedies which could be adopted by an Irish Parliament which a British Parliament is unwilling to consider. I think that before we are asked to assent to so great a change we ought to be told something more definite as to the grounds upon which the majority of the Irish people are desiring this change. I could understand a people asking for absolute independence, but that is the very thing we are told the Irish people are not now asking for. I could understand a majority of the people of Ireland asking for an agrarian revolution, but that is the very thing which the English Home Eulers are telling us they will not grant. I can understand that there may be a number of extremely able and distin¬ guished politicians who are seeking for places and for power who think that a change in the system of govern¬ ment might open the Civil Service, the Bar, and the professions to their abilities, and that there are many offices that can be discharged more fitly than by those who now occupy them. All these suppositions I could understand; but what I feel a difficulty and an impos¬ sibility in understanding is, that a whole people should and Unionist Remedies. 135 be supposed to be enthusiastic in the support of some¬ thing which is not national independence, which is not agrarian revolution, and which is only a small modifica¬ tion of the system of government under which they at present live. I proceed to ask how far this majority of the Irish people has a claim to speak in the name of Ireland? If this majority were really representative of the whole people of Ireland—if it were representative not of any one class alone, but of all classes—if it were really representative of the intelligence, the education and industry, the conscience, and the deliberate opinion of Ireland, the demand which that majority makes would present itself in a very different way to us. It might be our duty to imperial considerations, it might he our duty as British citizens, even then to refuse a demand which we believe to be dangerous to the interests of the empire as a whole. But as regards Ireland itself, the demand would come before us in a very different form from that in which it now presents itself. At all events, in such a case we should be able to say to a nation which as a nation really demands self-govern¬ ment, “Upon you and upon your children, in whose name you speak, be the responsibility. You have asked for this thing, foreseeing, foreknownng all the conse¬ quences of it; and if it fails, upon you will rest the responsibility.” But, gentlemen, are we in a posi¬ tion to say anything of the kind at the present time ? Can we point to a demand that is made in the name of Ireland as a nation ? And if the policy should fail, can we say that it will have been done without protest from Ireland, without resistance worthy of consideration from Ireland itself? Gentlemen, I would rather say that if this demand should now be conceded, it would be conceded in deference to the pressure of one class of 136 Separatist Demands the community, and in opposition to the wishes of, and in defiance of the protest of, every other class which has authority to speak in the name of Irish interests. It is perfectly true, as I have admitted before, that the class which is asking for this change is probably the most numerous; but if we look at Ireland as we are asked to look at her, as a nation, are we going to look at the interest of one class alone ? Is any Irishman content to look forward to an Irish future which shall be that of Ireland as a purely agri¬ cultural country, dependent solely upon the agricultural produce, dependent on her competition with the world on what she may be able^to produce from a soil not more fertile than the soils of many other countries, and a climate which is certainly inferior to many climates in other parts of the world ? If Ireland is going to remain for ever a purely agricultural country, you may settle the land question as you like; you may expel the landlords from Ireland if you please; you may hope whatever you like from the stimulus to agricul¬ tural industry which, not very reasonably, you expect to follow the process of an act of confiscation; you may hope what you like from agricultural changes and agrarian changes. But I maintain that if Ireland would remain for ever dependent upon her agricultural industry alone, Ireland must remain for ever a poor country. If her population is maintained at its pres¬ ent level, she must remain a discontented, disaffected country ; and if her population is reduced in proportion to the means of subsistence, she must remain for ever a weak, an insignificant country. No patriotic Irishman is satisfied with such a prospect as this; and if every patriotic Irishman desires, as he does, to see Ireland no longer dependent on one industry alone, to see her and Unionist Bemedies. 137 population increasing instead of diminishing, to see her means of subsistence for that population increasing more than in proportion to the population itself; if he expects and desires'to see the quick brains and the undoubted industry of the Irish people taking their proper place in the future competitions of the world— what is he to look to, what is he to hope for, except that Ireland shall cease to be purely dependent upon agriculture, and that she shall include within her bor¬ ders the manufactures and the industries which have raised the neighbouring countries of the world? If you want to see Irish indiastrial enterprise and manu¬ factures and commerce deyeloped in Ireland, have not manufacturers, have not capitalists, have not traders and merchants, have not the leaders of your great in¬ dustrial enterprises something to say to it ? If you are going altogether to neglect the opinions of these men, if you are going to ridicule their fears, perhaps to cast them out from among you, to deprive them of any share of influence in the government of your country, do you think that that will be an inducement to them to em¬ ploy their capital, their intellect, and their labour in the service of the country which treats their advice and their fears in this manner ? I maintain that the min¬ ority which is opposed to this policy largely includes those classes upon which the future prosperity of Ire¬ land mainly depends. . . . I believe, then, that you are perfectly justified not only in resisting the measures which were introduced last year, but in refusing your assent to any supposi¬ tion that any partial modification or changes of those measures can render them at once acceptable to the majority of the Irish people and at the same time con¬ sistent with the benefits of the maintenance of the 138 Separatist Demands British connection. I have on other platforms taken up and maintained that position. I have been accused of ignoring, discarding, and insulting Irish national sentiment. I have been accused of going back from what I have said upon the question of the extension of local self-government in Ireland. On the question of local self-government in Ireland I will not detain you to-night, but I say that those who accuse me of ignoring or insulting Irish national opinion, have either not taken the trouble of listening to what I have said or have wilfully misrepresented it. National aspira¬ tions, national sentiment, national patriotism, do not necessarily require a separate Parliament or an inferior and subordinate system of parliamentary government in order to give expression to them. We have an in¬ stance of this within the limits of the United Kingdom. No one can deny the existence of national feeling and national aspirations in the kingdom of Scotland. No one can say that the love of Scotland and the pride in Scottish traditions and Scottish history burn less strongly in the hearts of Scotchmen than the love of Ireland does in the hearts of Irish patriots. But Scotch national sentiment does not require a separate Parlia¬ ment or Government in order to give effect to its aspi¬ rations. In the case of Scotland, one Parliament and one Executive Government has been found to be com¬ patible with the existence of a totally independent system of law, with an independent and separate na¬ tional Church, with an independent and distinct sys¬ tem of national education, and with the administration of all Scotch offices by Scotchmen; and the only con¬ dition which has been attached to this recognition of national feeling and national sentiment, even, it may be, of national prejudice of Scotland, is that Scotchmen and Unionist Remedies. 139 should acknowledge one Parliament as the supreme legislative authority, and one Government as the su¬ preme Executive. If the case has been very different in Ireland, if less deference has been paid in the case of Ireland to the opinions and the feelings of Irishmen, and if they have had less influence in the councils of the Imperial Parliament, if they have less influence in the administration of their own affairs, that has arisen mainly, I believe, from the fact that Irishmen have in times past, as they are, unfortunately, doing now, shown their unwillingness to conform to the law of Parlia¬ ment, even when it is a just law, or to respect the authority of the Imperial Executive Government. But, gentlemen, whatever may have been the case in times past, I believe that now—when the democracy of Great Britain is fully and fairly represented in the Imperial Parliament, when no other desire exists in the mind of any subject of Great Britain than to do fair and equal justice to Ireland—it is in the power of Ireland and of the leaders of the Irish people to obtain for themselves and for their constituencies equal deference to their opinions and an equal share in the government of their own country, equal attention to their own grievances, equal attention to every representation which they may make, not by means of rebellion, not by means of forc¬ ible resistance to the law, not by obstruction in Parlia¬ ment, but by simply acknowledging the existence of facts which have taken place and which are irrevocable, and by reposing in the people of the sister island that full measure of confidence which we, on our part, are only too willing and too ready to extend in a full measure to the people of Ireland. . . , 140 Separatist Demands DECEMBER 1887 . It seems in the opinion of some that are opposed to ns that the Unionist party love coercion for itself, and take an absolute pleasure in the suppression of free speech and in the suppression of a free press, and that it is one of their greatest enjoyments if they are able to place a trusted leader of any portion of the people in prison on account of his political opinions. I may say on behalf of the Unionist party, and I believe I may say it as truly on behalf of the Conservative sec¬ tion of that party as on the part of the Liberal Unionists, that we hate—we detest—any unnecessary interference with the ordinary law of the country, and that there is nothing we desire more than that Ireland should be governed by the same system of law and should possess to a full degree equal rights and equal liberties to those which are enjoyed by the people of the rest of the United Empire. But if we detest coercion, there is one thing which we detest still more, and that is the impunity of crime, the suppression of private lib¬ erty, of the right of individuals to conduct their own business and to carry on their own affairs according to their own wish without tyrannical interference by any secret and irresponsible association. We deny altogether that we, the Unionist party, are responsible for the necessity of the Coercion Act. We say that the true responsibility for these Acts rests, in the first place, upon the Separatist party, who have made them a necessity; and in the second place, and in scarcely an inferior degree, rrpon those statesmen who have, as we think, weakly surrendered to the policy which has been forced upon them by the Irish Separatists. For some years past the policy of the Irish Separatist and Unionist Remedies. 141 party has not been concealed. It has been a policy of forcing upon the British Legislature by compulsion a measure which they could not persuade the British Legislature to adopt by argument, by means of the obstruction in Parliament of which, I believe, the leader of the Irish Home Pule party, Mr Parnell, was the first chief inventor. Obstruction in Parliament is part of precisely the same policy as resistance to the law in Ireland and the tyranny of boycotting. These are all arms of the League and of the Separatist party used to the one end of endeavouring to prove that the government of Ireland under the law of the Imperial Parliament and by the Imperial Govern¬ ment is an impossibility. And I say, gentlemen, that the policy has not been concealed, but has with cynical frankness been admitted by the leaders of the Separatist party. . . . The policy of proving the government of Ireland to be impossible had already had the effect of converting the leaders and the great proportion of the Liberal party, and it remained to be seen whether the persist¬ ence in that policy might not still have the effect of converting the whole people of the British Islands. The policy was announced at once without delay of proving to demonstration that that government was impossible; and hence we had a renewal, a fresh out¬ break, of resistance to the law, a fresh outbreak of ob¬ struction in I’aiiiament, a fresh outbreak of persecu¬ tion of every individual in Ireland who was willing to obey or to respect the law. Gentlemen, it is against an organised policy such as this that Bills which are stigmatised as Coercion Bills are necessary. Our ordi¬ nary law is sufficient and is competent to deal with the ordinary cases of scattered, isolated, and individual 142 Separatist Demands crime; but it need not be a matter of surprise to any one of us that the ordinary law, which is intended for a peaceful and law-abiding country, should be insuf¬ ficient to cope with a conspiracy which is directly in¬ tended to prove that a portion of the United Kingdom should be ungovernable by the ordinary law of the country. And I say that the task of creating and promoting this resistance to the law was not so difficult or so arduous as it might appear. We have the author¬ ity of Mr Gladstone himself for the statement. But a very short time ago, in a great speech which Mr Gladstone made upon the Irish question, he declared that if you wanted to demoralise a people and to preach the doctrines of public plunder, it did not require superhuman ability to obtain a considerable number of adherents for such a policy. And it is under ex¬ actly the same circumstances as those which were denounced by Mr Gladstone in 1881 that we are called upon to contend to-day, and the same necessity has arisen in 1887 to deal with what are called measures of coercion as in 1881. But, gentlemen, the respon¬ sibility for bringing Coercion Acts on our country is not the only one which rests on Mr Parnell and the Home Eule party. It is they also, as has been ex¬ plained in the able speech of the Chancellor of the Exchequer, who are responsible if the extension of larger powers of local self-government should be de¬ layed beyond the time when that extension might pro¬ perly take place. The task is a difficult one for any Government to undertake when it meets with no sup¬ porters among those who profess to lead, and do, indeed, exercise a large influence on a large portion of the population. The task of bringing forward a measure of local self-government is a difficult one for a Govern- and Unionist Remedies. 143 ment in the position of the present Government, en¬ gaged as it is in the first duty of any Government, in an endeavour to enforce the law. But apart from these difficulties, I believe it to be the desire of every Unionist that equal privileges and equal facilities for self-government should be extended to the whole of the empire. The difficulties, as I have said, are great, and the temptation may be great to rely for the mainten¬ ance of the Union solely upon force and solely upon exceptional law. But I believe that the sooner the Unionist party finds itself in a position to deal in terms of perfect equality with the people of Ireland, as com¬ pared with those of Great Britain, the easier will our task become, and the more firmly shall we secure the maintenance of the Union between Great Britain and Ireland. Gentlemen, in both those tasks, both in the preservation of the legislative union that now exists, and in the extension of equal liberties to Ireland as compared with those of Great Britain, we in England cannot act alone. We are powerless without the co¬ operation of the loyal party in Ireland. To you we look for support. We trust to you to enable us to show our fellow-countrymen in Great Britain that there is another party in Ireland as deeply attached to our institutions and our laws as any of them are ourselves. To you we look to prove to them that you are equally willing to trust your fellow-countrymen and to extend to them equal liberties and equal laws. HARTINGTON. THE CONTROL OF THE IRISH LAW COURTS AND POLICE. BY LOED SELBOENE. It was proposed, in 1886, to place the whole judicature (except the Court of Exchequer) and the whole police force of Ireland under the control of the Irish Legis¬ lature and the Irish Executive, which the Bill of that year would have created—not indeed immediately, but after an interval of two years. The interposition of that interval may have been proposed under the idea that the transition would so be made easier, but there was more reason for apprehending from it the con¬ trary effect. It may safely he said, in view of the tone adopted by the organs of the Nationalist movement towards the police, that a paralysis must have at once fallen upon the efficacy of that force for its proper purpose. And although the holders of judicial office might have done their duty without fear or favour, it is impossible that a sentence of condemnation, practically The Control of the Irish Laio Courts and Poliee. 145 passed upon them, and upon the system of law and government which they were bound to administer, could, during that two years’ respite, have left their authority unimpaired. Upon this point, however, it is unnecessary to dwell. Whether, in any new measure of the same kind, the transfer of power over the judicature and the police force from imperial to Irish hands might be immediate or postponed, its effect, when it came into operation, would be substantially the same. And it may be re¬ garded as certain, that this transfer itself will form part of every scheme for establishing an Irish Parliament, with an Irish Executive responsible to the Irish Parlia¬ ment and not to the Parliament of the United Kingdom. Upon the supposition of a complete and acknow¬ ledged separation between Great Britain and Ireland, such as would take place if the legislative power of the Irish Parliament, with an Irish Executive responsible to it, were as absolute and unlimited as that conceded to Grattan’s Parliament by the Act of 1783, Ireland would be (so far as an Act of the Imperial Parliament could make it) an independent nation. The authority of the Crown could not be used so as practically to qualify that independence, without a departure from the principles of constitutional government; and this could not take place without an indirect resumption, by the Imperial Legislature, of the practice of interfer¬ ence in the internal affairs of Ireland, which would have been in principle renounced. But the scheme of 1886 gave not an absolute but a qualified and con¬ ditional independence, with important exceptions and reservations ; and I assume that, in any future scheme which its authors might again propose, there would be exceptions and reservations more or less similar. K 146 The Control of the There is no possible way of securing public and private liberty in any State, and especially in a State where factions run high (as in Ireland has always been the case, and is always likely to be), without an inde¬ pendent, impartial, and sufficiently strong administra¬ tion of the law. For this purpose it is essential that the judicature should be free from control or interfer¬ ence by the Executive, either direct or through any legislative body in which the power of the persons administering the Executive Government is generally predominant; and also, that the police force (in itself forming part of the Executive) should be assistant and subsidiary to the judicature, enforcing and executing its decrees, and acting, under legal responsibility, for the prevention and repression of lawlessness and crime. It ought not to be in the power of the Executive authorities, without incurring the responsibility, public and private, of Avrong-doers, to AA-ithhold the assistance of the police when necessary for the execution of the judgments of the Courts, or to make use of that force for purposes not warranted by law. Behind the police, in cases of emergency rendering the use of extraordi¬ nary force necessary, there must stand the military power; which, again, ought to be subject to civil responsibility when acting without warrant of law. In the United States this balance of forces is secured, partly by the universal limitation of all legislative powers —both those of the Federal Congress and those of the States—and partly by making the judgments of the Supreme Court of the United States conclusive as to the transgression of those limitations by any legisla¬ ture. That Court has to judge, not merely of the con¬ struction and application, but also of the validity of all legislative acts, whether of Congress or of any State Irish Laio Courts and Police. 147 legislature. And there is present everywhere, not only a police force subject to the law and Executive Govern¬ ment of each particular State, but a force subject to the direct authority of the Federal Government, capable of executing, and bound in due course of law to execute, the judgments of tlie Supreme Court. In the United Kingdom of Great Britain and Ireland the independence of the judicature, and the assistance and subordination of the police and the military force to law, are secured by other means. The judges of the different Courts hold their offices on terms defined by law, and during good behaviour—those of the higher Courts can only be removed by a concurrent vote of both Houses of Parliament. There is one final Court of appeal—to the House of Lords—from all the higher Courts of the United Kingdom, and this ultimate tri¬ bunal is itself independent of the Executive power. Any Minister of State who might interfere to prevent the police from giving to the judgments of the Courts in favour of private litigants the assistance necessary for their execution in the course of law, would incur civil liability, and might be exposed to the penalties of contempt against the Courts. If any Minister were to employ the police force or the military for unlawful purposes, he might (according to the nature of the case) incur criminal responsibilities also. Of these safeguards for law, freedom, and justice, none can be altered with¬ out new legislation, in which both Houses of Parliament must concur. Let it now be considered how these matters would stand under a new constitution for Ireland, transferriiur to ail Irish Parliament, with an Irish Executive respon¬ sible to it, the whole control over the judicature and the police force, and at the same time placing some 148 The Control of the limitations and restrictions upon the powers of the Irish Parliament. Let it also be assumed that the Irish Parliament would not have any military force placed directly at its disposal, but that the control of the army would remain with the British Government, responsible to an Imperial Parliament, by whatever name called, or however constituted. The very existence of restrictions and limitations upon the legislative powers of the new Irish Parliament would naturally lead to such an exercise of those powers, within their assigned limits (I do not now enter into the question how long or how far those limits would be ostensibly observed), as to fortify them, and to strengthen the hands of the Irish Executive, against the checks upon the popular will contemplated by those limitations. And there could be no more obvious way of doing this than by keeping the judicature and the police in a position of greater dependence upon the popular will than is consistent with the guarantees necessary in a well-ordered State for the supremacy of law, for private rights, and for individual freedom. Against those who, as judges, had honestly and fear¬ lessly administered laws unpopular with, or which had been actively resisted by, the new ruling powers, and against those who, as members of the police force, had incurred the animosity of the same powers by do¬ ing their duty in obedience to law, the question would be approached with feelings not favourable to the main¬ tenance of their authority and independence. Powers which had been won by a successful crusade against private rights of property, carried on by the pressure of organised combinations, to compel the unwilling as well as the willing to attack those rights, and join in the crusade, and to resist both Courts and police when Irish Law Courts and Police. 149 opposing those combinations, would certainly not be used so as to condemn and suppress the methods which had been employed to obtain them; at all events, they would not be so used until those private rights which were the subject of attack had been destroyed. It would be almost a necessity of the position, that when the Courts of law and the police were put absolutely under the control of the new Government—that control should be used to weaken and not strengthen the au¬ thority of the law and the independence of its admin¬ istration on all points on which it had been previously resisted. And this might be done, not only by reserv¬ ing discretionary powers, more or less indefinite, to the Executive, and by altering the conditions and tenure of the higher judicial offices, but also by manipulating the personnel, the jurisdiction, the mode of appointment, and the tenure of office of the inferior judges and magistracy throughout Ireland. By such means any reservation of powers to collect customs duties, or rents and annual payments reserved under a general scheme of land redemption or purchase, might also (at the pleasure of the new rulers) be impeded or practically defeated. The new form of parliamentary government could not reproduce the guarantees afforded by the present constitution of the United Kingdom for the independ¬ ence of the judicature. Even if two Houses of Parlia¬ ment were set up in Ireland (which was proposed in 1886, though in a manner so weak as to make it toler¬ ably certain that the proposal will not be repeated in the same form), both would rest entirely upon the basis of popular election; and in case of any difference, even upon such a question as that of the removal of judges, or of a change by law in the conditions and tenure of judicial offices, the voice of the more popular assembly 150 The Control of the would be sure to prevail. Neither assembly would have any judicial habits or traditions. The first ques¬ tion must be, Whether those superior judges who are now removable only upon a joint address from both branches of the Imperial Legislature to the Crown should, in Ireland, be removable by the Executive Government at its pleasure, or by the Executive Government with the assent, or subject to the veto, of the more popular assembly (supposing there to be two branches) of the Irish Legislature ? The power of removal in either of those forms would practically destroy the independence of the judicature. Even if (which is not probable) the concurrence of both Houses were required, it is unlikely that a senate popularly elected would oppose the will of the more powerful assembly. There would not be in Ireland under its new constitution any power or influ¬ ence, either of property or of station, sufficiently strong to furnish a constituency which would return a senate representing interests, opinions, or desires substantially distinct from those represented by the more powerful body elected under the wider suffrage. For an indefinite time all the forces of influence, combination, and intim¬ idation, which had succeeded in obtaining the control of the government of Ireland, would be still under the command of the same leaders, and would practically govern both the electoral bodies. Their operation at this moment is to place in the hands of those leaders —I might probably say with truth in the hands of a single man—the nomination of all the representatives of the Nationalist party in Ireland; and if anything in the world is certain, it is that so vast a power would not be soon or willingly relinquished when the govern¬ ment of all Ireland was in those hands. The total want of experience in legislation or government would be a Irish Law Courts and Police. 151 reason for not surrendering it, the plausibility of which no man could deny. Even if the autocrat of the mo¬ ment were willing to lay it down, it could only be to give place to some bolder successor or rival. That the British House of Lords would not, under such an Irish constitution, continue to be the Court of final appeal, or retain any judicial power in Irish cases, civil or criminal, may be assumed as certain. How would it be replaced ? If by an appeal to a senate elected in Ireland by popular suffrage, or to an Irish Privy Council, nominated upon the advice of the new Executive Government, there would be an end of all security for the firmness, consistency, or impartiality of the administration of justice. Whatever laws might be passed by the new Legis¬ lature—however subversive of the rights of property, however unjust or oppressive towards classes or indi¬ viduals, however odious to those who had been loyal¬ ists and opposed to the policy of the new rulers (for example, to the great majority of the people of Ulster) —the police, under the command of the new Executive Government, would be as much bound to enforce them as they are now to enforce the laws enacted by the Imperial Parliament; and unless all ordinary constitu¬ tional principles were departed from, the whole mili¬ tary force of the Crown stationed in Ireland (notwith¬ standing the formal exception of military matters from the control of the Irish Parliament) must be disposable for the same purpose, when the power of the police is found insufficient. Every coercive power now wielded by the Parliament of the United Kingdom would be available to compel the obedience of the hitherto loyal minority to any laws which the new Irish Parliament might enact. 152 The Control of the So far I have been proceeding upon the supposition that the new Irish Parliament would confine itself within the limits prescribed by the law of its crea¬ tion. But the opposite contingency must also be con¬ sidered. Those limits must, from the necessity of the case, be defined in general terms; the line cannot be so sharply and clearly drawn as to exclude, on the one side or the other, debatable ground; and it may be assumed as certain, that all such debatable ground would be treated, practically, by the Irish Parliament as within its powers. With the judicature and all the forces of Executive Government, except the direct com¬ mand of troops, under their control, the laws passed by that Parliament, whether intra vires or not, could be put in force in Ireland; and the Imperial Parliament and Government could do nothing to prevent it, except by war. Nothing can be more futile than the notion that decisions of a British Privy Council would be ac¬ cepted or acquiesced in as settling such questions, or that the royal assent could in such cases always be withheld, without bringing everything to a dead-lock. With all the powers of government locally available in Ireland in the hands of the leaders of the parliamentary party there, the British Government would be under difficulties practically insiq^erable without wax; and the Irish Government would have the strongest pos¬ sible vantage-ground for getting rid of all obnoxious restraints. If any device could be imagined to aggra¬ vate the difficulty, it would be that of putting some of the judges, over whom the Irish Executive or Legisla¬ ture would have power, in the position of taking part, as members of the British Privy Council, in the deci¬ sion of such questions. Either they would concur or they would not. If they did, it would be thought in- Irish Law Courts and Police. 153 tolerable that a small minority of Irish judges, sit¬ ting in England, should have power to nullify Acts of the Irish Legislature. If they did not, it would be thought more intolerable still, that, in spite of the dis¬ sent of the only members of the Irish judicature who were allowed any voice in the matter, the opinions of British Privy Councillors should prevail. The case would be altogether unlike that of appeals from the Colonies, involving questions as to the validity of Acts passed by Colonial Legislatures with limited powers. From those Colonies, the Judicial Committee of the British Privy Council (or, to speak with more technical precision, her Majesty in Council) is the ordinary Court of final appeal in all cases civil and criminal; and it is only in the exercise of that general appellate juris¬ diction that any questions incidentally arising as to the validity of the Acts of Colonial Legislatures can be determined by that tribunal. But the Judicial Committee and the Queen in Council would have no general appellate jurisdiction over any decisions of the Irish Courts. Nor would there be any executive power capable of enforcing decisions of the British Privy Council in Ireland against the whole force of Govern¬ ment, judicature, and police, in the hands of those asserting the competency of the Irish Legislature and the validity of its Acts. In a colony such as Canada, where the legislative power is distributed between the Dominion Parliament and Provincial Parliaments, a de¬ cision that one legislature is incompetent affirms the competency of another, and both have their own means of enforcing, upon the spot, by proper judicial and ad¬ ministrative authority, decisions practically in their power. But no such conditions would exist in Ireland under the contemplated new constitution. 154 The Control of the Irish Law Courts and Police. It follows that, to hand over the whole judicature and executive to a Government responsible only to a local Parliament with limited powers, and having any in¬ ducement to abuse or to exceed those powers, would be to arm it with the means of employing all the machinery of law against law, and of forcing the hand of the Impe¬ rial Parliament, whenever it might be desired to make a serious attempt to get rid of unpopular limitations, or to take a further stage in the road towards absolute independence. SELBORNE. A SEPARATE EXECUTIYE FOR IRELAND IMPRACTICABLE. BY LORD BASING. There is, it must be admitted, something plausible and attractive in the name and idea of Home Rule, and even, to put the matter more closely, in the suggestion that the Irish people should have, if they desire it, an Irish Parliament for the discussion and settlement of their own affairs. No one, moreover, who has been in the habit of attending or taking part in public meetings of a political character during the last two years while the great controversy has been raging, can have failed to experience some embarrassment in con¬ tending against that proposition; especially before a simple and uncultivated audience, who are apt to take things literally, and who would feel in no way injured by the concession of such a boon—if boon it be considered —to people with whom they have little in common, and no natural ground of quarrel or occasion for jealousy. 156 A Separate Executive for Politicians, in arguing this question from the Union¬ ist point of view, are naturally conscious of this diffi¬ culty, and seem inclined to meet it, for the most part, by an expression of their eagerness to concede, or even to advocate, any amount of local self-government in Ireland, such as they would he prepared for in Scot¬ land or in England. But it must be evident to those who use such arguments that they are, as it were, heating the air; while their listeners are instinctively sensible that little, if anything, is contributed by them towards a solution of the problem at issue; that they have, in fact, no practical bearing on the subject. Trained and experienced politicians, by which term is meant not merely members of the Legislature, but all who habitually read, write, speak, or think on the public questions of the day, appreciate more keenly how this is, and can measure the immense difference which really exists between any such concessions as local self-government, and the Home Buie of Mr Glad¬ stone and Mr Parnell, but few perhaps stop to inquire, and certainly few trouble themselves to expound to others, the real underlying principle which separates so widely propositions and descriptions which are, primd facie, so nearly akin. It seems easier to fly off at once to a denunciation of the evils of separation and repeal, than to examine more closely the constitutional reasons why a separate legislature, carrying with it, as it must (and as is intended), a separate Executive Government, is altogether inadmissible. It may be useful, therefore, even at this late period, to set out some of the reasons why such an innovation would be not only mischievous in itself and intolerable in its results, but would be founded upon a false analogy with our existing system of parliamentary control. Ireland Impracticahle. 157 Every one, indeed, can see, when they have been once pointed out and considered, the gross absurdities which are involved in the plan of a separate Executive Government for Ireland, created by and responsible to the Parliament of that country under the provisions of the Home Kule Bill of 1886. That the Queen should have ministers on this and on the other side of the Irish Channel entertaining the most divergent, or even incompatible, views on matters of high policy, is ob¬ viously inconvenient, but that an English Prime Minis¬ ter, supported by majorities in the English Parliament, representing fairly the prevailing opinion and senti¬ ment of the British Empire, carrying with him the favour of the Crown and the goodwill of the people at large, should find himself thwarted by the action of the same Queen’s Government in Ireland, and be unable to advise the Queen to dismiss such a Government or to dissolve such a Parliament, presents a picture almost impossible to realise, whether the conflict were to have arisen on great subjects of transcendent importance— such as questions of peace and war—or whether upon matters of internal administration, such as commercial freedom or religious equality. Let it not be said that by careful drafting of the Act of Parliament irnder which Home Rule is to be conceded all such subjects of possible conflict may be eliminated, expressly or under general definitions. Attempts to this effect were made in the Home Rule Bill, and others might conceivably be at¬ tempted, but all would be in vain. We know the ability, the ingenirity, and the resources of the Irish race ; we know also the impossibility—such a conces¬ sion as Home Rule once made—of repressing free speech in that country or in any representative body of that country. Assuming, for a moment (as was 158 A Separate Executive for proposed), that it would be practicable to preclude the Irish Parliament from dealing legislatively with any given subject, such as the coinage, religious liberty, or the like, what could prevent motions being made or resolutions being proposed, debated, and adopted as to the expediency of changes or alterations in this or that direction in respect of such subject-matters ? Or again, take the more burning question of our foreign rela¬ tions, with the issues of peace or war hanging, as it were, in the balance, what more conceivable than vio¬ lent and almost unanimous expressions of opinion taking place in the Irish Parliament directly challeng¬ ing the conduct of the British Government, to the comfort and support of the declared enemies of the empire? Such a state of things is not only not im¬ possible, but the likelihood of it might be illustrated by numberless speeches and public utterances made in the House of Commons and elsewhere even during the comparatively insignificant war-time which the country lately experienced in Egypt. But a Cabinet in Ireland—for that is what was meant and provided for, sub rosd, in Mr Gladstone’s Bill—would not, and could not, be constituted in any but the most superficial manner on the model or ac¬ cording to the analogy of the English Cabinet. Hot to mention the immense difference involved in the fact that there are, according to our existing constitution, two legislative bodies in England as compared with one to be set up in Ireland, out of which the Cabinet for Great Britain must be constructed, we have likewise here the important function of the Sovereign as regards its composition, and especially as regards selection of the First Minister,—a function to the exercise of which on a very recent occasion all parties looked with satis- Ireland Impracticahlc. 159 faction, and in which they thankfully acquiesced. Be it observed, however, that there was a remarkable omission in the Home Eule Bill to provide in detail how the Government or Cabinet should be put to¬ gether, and of what elements it should consist, or how the public service should be departmeutally organised. These matters, of the first interest and importance to the inhabitants of Ireland, were almost ostentatiously ignored, on the plea that they were to be settled by the wisdom of the Irish Parliament itself. But the conse¬ quence of this omission would be that the Irish Parlia¬ ment, on meeting after its election, would find itself unable to enter on the exercise of its practical work as a legislative body, and must of necessity be charged in the first instance wdth the duties and functions of a “ Constituent assembly,” with power, practically unre¬ strained, to mould and manipulate the constitution of the Government and of the public service in the man¬ ner most agreeable to the will, and in the interests, of the majority—that is, of the disloyal and Separatist majority of the representatives of Ireland in the pres¬ ent House of Commons. The constitution, as we know it, in this country grew up in a very different way. Modified—largely and fundamentally, no doubt, but gradually—during three centuries, by the accumulated wisdom and experience of public men, acting with and supported by public opinion, it is open to no imputation of having been concocted by a party with a view to special or exclusive interests. If we proceed to criticise more closely, we might point to the swamping of the Irish peerage as a j)roceeding without justification or precedent as regards any supposed or pretended analogy between the British system of the past and the Irish system of the future. 160 A Separate Executive for Again, the majority of the Irish Parliament being what we know it would he, and the Executive Government being (by the hypothesis) not only its creature, but the exponent of its will and the agent of its policy, wdiat sort of judicial machinery or civil service establishment could be brought into existence which would bear the faintest resemblance to the sober, steady, and uniform administration with which we are familiar in this country, and which exercises its wholesome and dis¬ passionate agency unaffected for the most part by the changes which from time to time occur in the political supervision of affairs ? Can it be conceived that such a service would be created under the proposed Home Eule arrangements ? On the contrary, we have almost for¬ mal notice that the public departments, which have been for years covered with obloquy as savouring of the “Castle,” would be disestablished, the judiciary re¬ moved or reduced to dependence on the will of the majority, the police broken up, and a new order of things introduced and administered by the substitution of partisans for trained officials. What a prospect for the minorities!—the minority, that is, of the land- owners, who have been vilified and despoiled; of the capitalists who have developed such industries as are yet to be found in Dublin and Belfast; and of the loyal farmers and peasants of Ulster. On the other hand, greatly as all these developments would differ from existing institutions, there need be little fear but that the vices and extravagances of our public life, in the development of which the Irish mem¬ bers have borne so conspicuous a part, would survive and flourish without let or hindrance. The party manoeuvres, the wire-pulling, the arts of obstruction, the prolixities of debate, the encroachments by the legis- Ireland Impracticahle. IGl lature on the executive function,—from all of which evils we have so grievously suffered,—would be greedily copied, and would find a congenial home in the Irish assembly; but what steadying power, whether of his¬ torical tradition through hereditary rank or status, of re¬ spect for property, landed or commercial, could be found as a makeweight against the overwhelming influences of popularis astral No one will dispute that these make¬ weights still exist, and have value for us in England, highly democratised though we be; nor that they still control our tendencies to excess, and give confidence to our minorities in the justice of our imperial administra¬ tion. What shall we say, then, of the recklessness of a solemn proposal by the foremost politician of his time to let all such securities and safeguards go by the board, leaving the fortunes—nay, the future existence—of Ire¬ land as a nation, to be manipulated at will by those who have shown such intolerance of all that law-abid¬ ing citizens should respect and cherish ? There was, indeed, in the Home Eule Bill the fan¬ tastic and far-fetched expedient of a double system of election to the legislative body, for the workability of which no one had a word to say, but which was accept¬ ed by the Irish members at the time in a manner highly significant of their real opinion of its worthlessness. But the Davitts and Fords have quite recently rejected and openly pronounced against any such contrivances as wholly unnecessary and uncalled for; while the phan¬ tom of the Viceroyalty, which was nominally pre¬ served as a connecting link between the Governments of the two countries, could not really have been main¬ tained, so great and universal is the discredit which has been cast upon that institution, without a complete change in its position and attitude. In other words, L 1G2 A Separate Executive for Ireland ImpracMcaUc. the Lord Lieutenant, if he were to enter on his task with any prospect of success, or hope of popularity, must surrender his position as nominee of the sov¬ ereign for that of an official designated if not elected by the popular vote. In all these points, and in man}" more which might he particularised, a thoughtful ex¬ amination into the probable working of the Home Eule Bill, the only programme which has been yet put for¬ ward with any pretence to authority, will surely con¬ vince the impartial inquirer that the term inadmissible is not too strong for application to the project of a separate Executive for Ireland, dependent on a separate Parliament. All parties in the State are perhaps responsible, in greater or less degree, for the weakness and want of perception which has brought oiar common country into this great complication of trouble and difficulty. Peo¬ ple in these days are apt to let things drift, where statesmen of old would have acted with foresight, cour¬ age, and decision. But, however that may be, it can¬ not but be useful to have inquired, even briefly and superficially, into the probable working out of schemes which, however flimsy and shadowy as they are thus found to be, are, nevertheless, the only ones which have been seriously propounded for the establishment of Home Eule in Ireland. BASING. WHY I AM NOT A HOME RULER.^ BY W. E. II. LECKY. I HAVE often wondered whether those gentlemen who assure us that Ireland will be satisfied with nothing less than Grattan’s Parliament have ever seriously reflected what Grattan’s Parliament under the Con¬ stitution of 1782 really was. It consisted, of course, of two Houses—a House of Lords as well as a House of Commons. It was altogether Protestant. It was elected exclusively by Protestants, though, towards the close of its career, it, with signal liberality, admitted the Catholics to the franchise. It was drawn entirely from the section of the community which was indis¬ putably loyal, and it was probably more eminently and specially the representative of property than any legislature that is now existing in the world. Put in order still further to secure a constant concurrence 1 A portion of this article appeared orif'inally in the ‘ Nineteentli Centniy,’ and is reprinted by the permission of tlie Editor. 1G4 Why I am not a Home Euler. between this Legislature and the Legislature of Great Britain, the Government steadily upheld a system of representation under which about two-thirds of the members of the Irish Parliament sat for nomination boroughs, a great proportion of which were at the ab¬ solute disposal of the Government. Yet, in spite of all these securities, the task of making the two Legislatures work in harmony was not found to be an easy one, and it was on the great danger that might result from their collision that Pitt chiefly based his argument for the Union. The Constitution of 1782, he said, had estab¬ lished no “ solid, permanent system of connection be¬ tween the two countries.” Experience had shown “ how inadequate it was to the great object of cement¬ ing the connection and placing it beyond the danger of being dissolved.” Grattan, it is true, desired to introduce considerable changes into this Parliament. He wished to diminish the corrupt influence exercised by the Crown in the shape of excessive patronage and rotten boroughs; and he wished to admit into the two Houses that small body of Catholic gentry who were then, as they are now, among the most loyal and useful elements of Irish national life. But it is a perfect delusion to suppose that he ever contemplated or desired an Irish Parliament which was not essentially under the guid¬ ance of the lauded gentry of the country. A purely democratic Parliament was, it is true, the ideal of the United Irishmen who represented the ideas of the French Eevolution, but their scheme of “ personal rep¬ resentation ” found in Grattan the most unflinching opponent. It was a scheme, he said, which would “ destroy the influence of landed property,” and thus give up “the vital and fundamental articles of the Why I am vot a Home litder. 165 British Constitution; ” and he painted in vivid colours what in the conditions of Irish life a democratic Par¬ liament was likely to be. “ This plan of personal representation,” he said, “ from a revolution of power would speedily lead to a revolution of property, and become a plan of plunder as well as a scene of con¬ fusion. For, if you transfer the power of the State to those who have nothing in the country, they will afterwards transfer the property. ... Of such a representation, the first ordinance would be robbery, accompanied with the circumstance incidental to robbery, murder.” “ The shout of whisky,” he said on another occasion, “ will return the members of the senate, and elect a felonious reju'esentation.” It is sufficiently evident from this sketch that no Parliament even remotely resembling that which was abolished in 1800, or that which was contemplated by Grattan, could now by any possibility be established in Ireland; and that arguments from the merits or demerits of the Parliament of the eighteentli century can have very little bearing on modern controversies. It is equally evident tliat, while the old Parliament was essentially the Parliament of the Irish loyalists, the Parliament which is now desired would be essen¬ tially a Parliament of the disaffected. It would be, in all probability, a single democratic chamber, elected chiefly by an anti-English peasantry, completely sun¬ dered from the great interests of property in the country, and consisting mainly of nominees of the National League. The relation of the different classes in Ii’oland to the Home Pule scheme is perfectly unambiguous. The whole body of tlie Protestants, with scarcely an exception, have declared themselves against it. They form nearly a million and a quarter 16G Why I am not a Home Ruhr. of the population, and contain far more than their numerical proportion of its wealth, intelligence, and energy. They comprise not only more than ninety per cent of the proprietors of the soil, but also the flower of the industrial population. It is they who have mainly made Belfast one of the greatest and most prosperous cities in the empire; who have made the linen manu¬ facture the one flourishing industry of Ireland; who have raised a great part of Ulster to a level of civil¬ isation, order, and prosperity worthy of any portion of the empire. Anglicans, Presbyterians, and Methodists, differing in creed and differing in English party politics, they have declared, with a unanimity and emphasis which it is impossible to mistake, that any Irish Par¬ liament which could now be set up would be ruinous to the country, the precursor of anarchy, and probably of civil war. They are not, however, more opposed to it than the Catholic gentry. This class, who in a healthy state of society would occupy a conspicuous if not a dominant place in Irish politics, have, by the action of the National League, been driven almost absolutely out of public life; and if it had not been that a few of their number sit in the House of Lords, they would be re¬ duced to the most complete impotence. The over¬ whelming majority of the leaders of industry, whether Protestant or Catholic, are on the same side. It is only necessary to examine the list of Mr Parnell’s members of Parliament to perceive how entirely the represent¬ ative names in Irish industry are excluded from it. The bankers, the large merchants and shopkeepers, the directors of railways, the men who have risen to emi¬ nence in the professions, the great employers of labour, the great organisers of industry, are conspicuously ab¬ sent. The few men of this kind who were connected Wluj I am not a Home Ruler. 167 with the movement when it was guided by Mr Butt, have almost all fallen away since it has passed under the control of Mr Parnell, and they look upon Home Pule with undisguised alarm. All those classes in Ire¬ land who are indisputably loyal to the English connec¬ tion are as indisputably opposed to an Irish Parliament. It is this profound division of classes in Ireland that makes all arguments derived from the example of federal governments, either in Europe or America, so utterly fallacious. The first question to be asked before setting up a local legislature is. Who are the men who are likely to control it ? On this point there is no real difi'erence of opinion in Ireland. No argument of the smallest weight has ever been brought forward to show that the men who now predominate in the Irish repre¬ sentation in the Imperial Parliament, would not equally predominate in an Irish Parliament. They would be elected by the same classes. They would come to the poll with the prestige of a great victory. The simple effect of Home Rule would be to confer legislative powers upon the National League. And what are the sentiments of these men towards Great Britain? To do them justice they have never concealed them. They are men at whose public ban¬ quets the toast of the Queen is systematically sup¬ pressed. At their great demonstrations the American fiag is everywhere flaunted, and cheers are given for every real or supposed enemy of England. The harp without the crown is their favourite symbol. One of their most conspicuous members organised the dem¬ onstration on the platform of Mallow to insult the Prince of Wales. Another—a Lord Mayor of Dublin —distinguished himself by refusing to allow British soldiers at his inaugural procession. More than one 168 Why I am not a Home Ruhr. have been deeply mixed in the Eenian conspiracy, and Fenian heroes have again and again been made the subjects of popular demonstrations of enthusiasm. The leader himself assured an American audience that he would not be satisfied till his party had destroyed “ the last link which keeps Ireland hound to England.” The newspapers and the popular literature which support and represent the party have for years been educating the Irish people in the most inveterate, unqualified hatred of the British Empire, and have looked on every event in Europe with favour just in proportion as it was supposed to be injurious to British power. Every one who has given any real attention to that press will admit that this statement is the simple, unex¬ aggerated truth. It is not, however, the whole truth. The National League is a tree of which the root is in America, where an avowed and savage conspiracy against the British Empire exists, directed by men who have abundantly shown, both by their words and by their acts, that they would shrink from no crime to attain their ends. It is from America that the parlia¬ mentary fund of the National League mainly comes. Its members in Parliament are as literally paid from the exchequer of a foreign anti-English conspiracy as the British Ministers are from the Consolidated Fund. Considered also in their domestic policy, the case is not less strong. The conduct of the leaders of the party in Parliament, in the law courts, in every local body in which they have obtained an ascendancy, is sufficiently evident. It is an incontestable truth that for many years their habitual methods of political action have been systematic defiance and violation of the law ; systematic abuse of those who are engaged in adminis- Why I am not a Home Ruler. 169 tering it; systematic repudiation of the obligations of contract. They are the authors of the naked dishonesty of the “ No-Rent Manifesto ” and the “ Plan of Campaign”; and scarcely a week passes in which some of their conspicuous members do not advocate the repudiation of private debts as a means of attaining political ends. Appeals to dishonesty and cupidity have been their favourite weapons, and they have taught great masses of the Irish people to look upon politics mainly as a means of breaking contracts, evading pecuniary obli¬ gations, and obtaining personal advantages. They have also, under the name of boycotting, organised a system of tyranny perhaps as merciless and crushing as any that now exists upon the globe. The first and most elementary form of liberty, and the most essential con¬ dition of national prosperity, is that peaceful and law- abiding men should be able to live in their own coun¬ try unmolested and unintimidated — to choose their friends, to pursue their business, to make, fulfil, and enforce their contracts. Where such a state of society does not exist, there can be no real progress and no settled industry. Through the action of the National League there is less of this kind of liberty in some counties of Ireland than in the most barbarous pro¬ vinces of Russia and Turkey. It must be added that most of the leaders of the movement are professional agitators — men who live by agitation, and whose whole occupation would cease if they did not succeed in stimulating an appetite for it among the people. These are the men with whom English Ministers have to do ; and what is the demand which they make ? It is that the whole internal government of Ireland should be placed in their hands, not only in times of peace and prosperity, but also in times of difficulty, 170 Why I am not a Home liulcr. danger, and war; that they should he given the com¬ mand of that noble army of more than 12,000 constabu¬ lary, who have displayed during the last terrible years such an admirable fidelity and loyalty; that they should be authorised to arm volunteers; that they should be intrusted with the protection of industry and property, and of the loyal subjects of the Crown, with the power of taxation, and with all the influences of patronage and control that belong to a legislative body. That such a surrender to such men should be seriously contemplated, not on the morrow of some crushing military disaster like Jena or Sedan, but by men who have been Ministers of a great and powerful empire, is surely a shameful illustration of how recklessly and unscrupulously the game of party and of place has of late been played, and how seriously the character of English public men has been impaired. There are three millions of disaffected in a population of about thirty-six millions; eighty-six disaffected members in a Parliament of six hundred and seventy. It is under these conditions that resistance is said to be impossi¬ ble, and the dismemberment of the empire inevitable! Parliamentary government, the Prince Consort once said, is now on its trial. If this be the end of British government of Ireland, the historian will have little hesitation in pronouncing that it has not only been tried but condemned. The case against Home Eule has, as it appears to me, been argued too much upon mere grounds of machinery or legal technicalities. It is, as I under¬ stand it, before all things a question of confidence and character. Every Englishman who advocates it on a platform should be asked this simple question—Are you prepared to declare on your honour that you be- Why I am not a Hoaic Ruler. 171 lieve tlie men into whose hands you propose to sur¬ render the government of Ireland to be men to whom such a trust can be safely and righteously conceded ? There is no greater crime that a public man can commit than to attempt to place the government of a nation in the hands of dishonest and disloyal men, and every legislative change which has the effect of placing it in such hands is necessarily an evil. It is difficult to describe in too strong terms either the absurdity or the wickedness of the contention that, because England in a remote past committed many injustices in Ireland, she oucht now to hand over the administration of that country to the tender mercies of the National League, It is no doubt true that limitations might be imposed by law upon an Irish Parliament, but it is difficult to see how they could be enforced except by war; and it needs little sagacity to predict that the immediate sequel to the establishment of Home Rule would be a move¬ ment to abolish them. Upon the first conflict with England they would be abrogated by a declaration of rights. The precedents of 1641, of 1689, and of 1782 are there to justify such a course. The Irish question, instead of being settled, would be immensely aggravated by the enormously increased power given to the dis¬ loyal, The strain on the connection, and the anarchy in Ireland would both become intolerable. It would soon be found necessary to go forwards to complete separation or to go backwards, probably to the abolition of all representation, and whichever course was taken, it would almost certainly be accompanied with blood¬ shed. To govern Ireland as a part of the empire by a democratic Parliament formed of the elements which are now predominating in tliat country, is the most hopeless of impossibilities. 172 Why I am not a. Home Ruler. And of all solutions that could be conceived, none could be more evidently destitute of the element of permanence than that of Mr Gladstone. One of its leading features was that Ireland was to be ex¬ cluded from all part and lot in the administration of the empire, and was at the same time to be re¬ duced to a tributary State, burdened with a heavy subsidy for imperial purposes. Can any one who has the smallest knowledge of the kind of influences that are now dominant in Ireland doubt for a moment that a great popular agitation against this tribute would immediately follow ? Until near the close of the eigh¬ teenth centui’y the national debt of Ireland was extreme¬ ly small, and the taxation of the country was, in con¬ sequence, very low. One of the strongest arguments against the Union was the fear that it would raise Irish taxation to the English level. Under Mr Gladstone’s scheme taxation would be much heavier than at pres¬ ent ; and as Home Rule would certainly be followed by a rapid emigration of the richer classes and of capital, and probably by great repressive measures in Ulster, the pressure would soon be overwhelming. One other prediction may be safely made. It is that the effects of a surrender such as has been proposed would not be confined to the relations between England and Ireland. The most distinguished men who are, or have lately been connected with the government of India, have been watching with keen anxiety the progress of Irish disaffection, on account of the in¬ fluence it is likely to have on that country. It will be felt there, and in every other part of the Queen’s dominions, and it will be felt in every country in Europe in the changed estimate of England. Great empires cannot humiliate themselves with impunity. I know Why I am not a Home Unler. 173 uo clearer sign of a declining nation than that its statesmen are unable or unwilling to protect peaceful subjects within a few hours of the metropolis, and are prepared to carry on government by compacts with fomenters of outrage. Anarchy is the most contagious of all political diseases, and if it triumphs in one part of the empire it will assuredly spread to others. If the surrender of Ireland to the disloyal be ever accomplished, it will be known throughout Europe that the old govern¬ ing and imperial spirit which made England what it is has departed; that the days of the empire are num¬ bered ; and that the handwriting is already on the wall. I have spoken of the extreme absurdity of comparing any Parliament that could now be established, with the old Parliament of the gentlemen of Ireland—a Parlia¬ ment to which I am not ashamed to say I look back with a feeling of very considerable sympathy and respect. I may add that the present movement differs widely from that of O’Connell. The Pepeal agitation of O’Connell was not supported by the subsidies of foreign conspirators, and it was not accompanied to any great extent by that class warfare, and especially by that war against property, which has given its distinctive char¬ acter and its special danger to the present movement. O’Connell was himself a considerable landlord. There was in his day no anti-rent agitation, and one of the most creditable incidents in his life was the courage with which he risked his popularity in ojiposing trade outrages. O’Connell was also frankly loyal to the Crown. His early experieiice of the horrors of the French Ilevolution had given him a strong bias in favour of monarchy ; cheers for the Queen were con¬ stantly given at the Eepeal meetings, and he even pushed his view of the prerogative so far as to maintain 174 Why I mn not a Home Ruler. that it was in the power of the sovereign, without the intervention of the Imperial Parliament, to convene a parliament in Dublin. But although the Kepeal movement of O’Connell was much less dangerous than the present one, it is well known how it was regarded by the greatest English statesmen of every party. Few English public men have known Ireland better than the Duke of Welling-- O ton, and he wrote that “ Eepeal must occasion the dis¬ solution of the connection with Great Britain,” and he predicted that its inevitable issue in Ireland would be a religious war. Sir E. Peel, who had served as Chief Secretary for Ireland, and was thoroughly acquainted with the conditions of Irish life, was even more em¬ phatic. “Eepeal of the Union,” he said, “must lead to the dismemberment of this great empire, and must render Great Britain a fourth-rate power in Europe.” Lord Althorp, who then led the Whigs in the House of Commons, echoed the argument of Peel, that in the existing state of Ireland a distinct Parliament mus-t necessarily lead to separation; and Lord Grey, the leader of the party, who had in his youth been a strenu¬ ous opponent of the Union, declared that “ the effect of its repeal would be ruin to both countries.” That Home Eule in any form in which it is now likely to be attained would be ruinous to Ireland is not difficult to prove. The policy of Mr Gladstone and the agitation of Mr Parnell have together so completely shattered the social type which had existed for gener¬ ations; they have so effectually destroyed all the old relations of classes and all the more healthy forms of influence and reverence by which Irish society cohered ; and they have diffused so widely through three pro¬ vinces the belief that outrage and violence are the MHiy I am not a Home Ruler. 175 natural means of attaining political ends,—that Ireland is at present probably less fitted for prosperous self- government than at any period within the memory of man. Mr Gladstone and his colleagues have, indeed, achieved with a mirious completeness the end which more than fifty years ago Sir Eobert Peel foresaw and dreaded as “ a great, perhaps an irreparable misfortune ” —the total “ severance of the connection between the constituent body of Ireland and the natural aristocracy of the country.” If Irish public opinion moved under the direction of men who had the responsibility of pro¬ perty, who were sincerely attached to the connection, and who were animated by a genuine love of individual liberty and a genuine respect for law, a large meas¬ ure of self-government might, I believe, be profitably granted. But no reasonable man can fail to see how lamentably these essential conditions are now wanting, and it would be difficult to conceive a worse fate that could befall a nation than to be governed by the kind of men who form the present majority of the Irish representatives. That such men, supported by the votes of an ignorant and priest-driven peasantry, could govern the great Protestant population of the North is, to me at least, absolutely incredible. The experiment could only lead to prolonged and acute anarchy—probably to civil war ; certainly to a fierce revival of those relig¬ ious passions which have of late years been happily subsiding. In the meantime industrial ruin is rapidly advancing. If you crown Anarchy for your king, whatever else you may have you will certainly not have industrial pros¬ perity under his sceptre. If the ruling power in Ire¬ land is given to men whose whole political action has consisted of a series of attacks upon property and upon 17G Why I am not a Home Buler. the principles on which property is based, capital will most certainly not visit the country. The expropria¬ tion of landlords may perhaps settle on a permanent basis the Land question; but it is a strange comment on the character of the legislature which English states¬ men propose to create, that it is believed, probably with excellent reason, that such a measure is necessary to prevent that legislature from beginning its career by a course of wholesale plunder. But the contagion of anarchy is no longer confined to land. We have seen attacks upon the Bank of Ireland; attacks upon an Irish Steam Company because it performed services which it was not only authorised but bound by law to perform; violent resistance to the payment of rates; constant interference between employers and labourers ; constant boycotting of shopkeepers who have for any reason incurred the animosity of the League; a con¬ stantly increasing difficulty in collecting ordinary trade debts. The House League for breaking contracts be¬ tween house-owners and lodgers is another illustration of the same spirit, and the conflict between farmers and landlords will probably soon be reproduced in the con¬ flict between labourers and farmers. The result of all this is inevitable. Every banker knows that capital has of late years been steadily passing out of the country. Who would found a manufacture in Ireland ? Who would invest money in the improvement of land ? Who would engage in any industrial enterprise which de¬ pended for its success on the fulfilment of contracts in a distant future ? Insurance offices no longer lend on Irish property. Wholesale dealers restrict their Irish orders. At the first intimation of Mr Gladstone’s pro¬ bable conversion to Home Eule there was a great fall in Irish investments. In Ulster the elements of order Why I am not a Home Ruler. 177 are so strong that the evil may be arrested, but in the other provinces this impoverishment has been steadily continuing. Shopkeepers on the verge of ruin, labourers unemployed, industrial enterprises withering rapidly away, are the natural and evident results of lawless and protracted agitation. One inestimable advantage it is true Ireland still has. She shares, and largely shares, in the credit of the empire—the best credit in the world. It is not difficult to foresee what would be the credit of a Government composed of men who had made the repudiation of contracts and the systematic practice of fraudulent bankruptcy one of their chief methods of political action. And what advantage can Home Kule offer to counter¬ act these evils ? It is supposed by some that it would check absenteeism. A larger proportion of wealthy Irish gentlemen are said to have lived in Ireland in the days of the old Parliament when the whole govern¬ ment of the country was in their hands than at present. Is it likely that a larger proportion would live there when they were expropriated from their properties, driven out of every form of public life, and placed under a Govern¬ ment which they detested ? One form of absenteeism might indeed be diminished, for a flight of Irish-Ameri¬ can conspirators would no doubt speedily come over to share the spoils. I know that the notion has been long and deeply rooted in the Irish mind that a native legislature might foster native industries by protective laws. It is pro¬ bable that if Home Pule were established, the first conflict with England would be on this ground. But whatever justice there maybe in the doctrine that in the early stage of manufactures protective laws are of real advantage, a war of tariffs with England in the M 178 Wliy I am not a Home Ruler. existing circumstances of Ireland seems to me the most Iropeless of policies. A poor country, with very little capital, and that capital rapidly disappearing, per¬ meated with agitations and subversive principles ut¬ terly incompatible with industrial prosperity, Ireland is placed by nature in such a geographical position that England is her only market. America will take noth¬ ing from her hut men. With the continent of Europe her commercial relations are wholly insignificant. Eng¬ land could at any moment reduce her farming industry to absolute ruin by simply excluding Irish cattle from her market. There was a time when such a measure would have been impossible, for England depended very largely on Ireland for her supply of meat. But the extension of pasture in England, and the immense importation of cattle from America and Australia, have now made it perfectly easy for England to dispense with the Irish supply. With separate and hostile legisla¬ tures, and with a desire for protection rising among the British farmers, such a measure would be not only possible but probable. Much has of late been said about the necessity of conceding Home Eule in order to satisfy the national aspirations of Ireland. On this subject I may perhaps write with some measure of authority, for long before Mr Parnell became a leader or Mr Gladstone a Home Euler, I dwelt upon the force and the reality of that feeling. In a book which appeared as early as 1871,^ I pointed out clearly the evils that would result from any attempt to establish an Irish Parliament; but I at the same time urged the importance of “calling into 1 ‘The Leaders of Public Opinion in Ireland.’ This little book first appeared in 1861, when the author was very young ; but I quote from the introduction to the edition of 1871. ^^^y I am.' not a Home Rider. 179 being a strong local political feeling, directed by men who have the responsibility of property, who are attached to the connection, and who, at the same time, possess the confidence of the Irisli people.” “ To call into active political life the upper class of Irishmen,” I then wrote, “and to enlarge the sphere of their political power—to give, in a word, to Ireland the greatest amount of self-government that is compatible with the unity and the security of the empire—should be the aim of every statesman.” “ It is only,” I continued, “ hy slow, cautious, and gradual steps that self-government can he in some degree restored. By steadily opposing the tendency to centralisation, ... by transferring private business from the overworked Parliament of the empire to cheaper and perhaps more competent tribunals, by gradually enlarging the sphere of local government, and by encouraging and bringing into activity the political talent of the country, a sound political opinion may be slowly formed.” Looking back on these words after the lapse of seventeen years, they do not appear to me to have been untruly or unwisely written; but the policy of establishing local institutions is obviously si;bordinate to the necessity of securing the elementary conditions of good government and national prosperity. These essential conditions are, the unity of the empire, the seci;rity of property, the due observance of law, the protection of peaceable and law-abiding subjects, the reasonable probability that the administration of affairs will be in the hands of loyal, trustworthy, honest, and competent men. Every extension of local government which is consistent with these conditions will, 1 believe, be a benefit; every step in that direction which is likely to be incompatible with them wdll prove an evil. 180 IMiy I am not a Home Ruler. I said in the book to Avhich I have referred, that “ the three great requisites of good government for Ireland are, that it should be strong, that it should be just, and that it should he national,” and these words have been strangely quoted as a justification of the Home Kule scheme. As if a Government was likely to be “ just ” which was composed of the leaders of the National League and the other chief authors of boycotting and intimidation ! As if a Government was likely to be “strong’’whose credit would probably be on a level with that of Mexico and Honduras, and which would be in violent opposition to Protestant Ulster and to the most powerful industrial energies of the nation ! As if a Government could even be called in the true sense “ national ” which could only be established at the imminent risk of civil war, and which, though it might be supported by a majority of ignorant peasantry, would be alienated from all the elements that, in every healthy nationality, are the guiding influences of national life! It is impossible also to deny that the last seventeen years have witnessed a complete change in the char¬ acter of Irish national movements. The Home Eule agitation is not now, essentially or mainly, a question of nationality. It has taken much more the character of a war against property and contract. The leaders of the movement having signally failed to enlist the Irish farmers in a struggle on national grounds, resolved to appeal to their personal interest, by making the move¬ ment an agrarian one, aiming at the abolition or great reduction of rents. A period of keen agricultural de¬ pression and the land legislation of Mr Gladstone assisted them, and they had the double object of winning the support of a great class who were very indifferent to Home Eule, and of breaking the power Why I am nut a Home Ruhr. 181 of another great class who were firmly devoted to the Union. With the bulk of the farmer class the land has always been the real question, and if that question were finally settled they would probably become very passive. There are evident signs that the Nationalist leaders foresee and dread the effects of such a settlement, while the larger and more prosperous farmers are be¬ ginning to look on the prospect of Home Rule with a well-founded alarm, and the great grass farmers have been made the objects of more than one significant menace. At the same time American Renianism has changed the character of Irish Nationalism. There has long, indeed, been in Ireland among large classes an instinctive, passionate, unreasoning hatred of England, formed in the national character by influences which have been in operation for centuries, and are much too strong to be effaced by any mere constitutional changes. Feuianism has given it a new power and organisation and guiding influence, which is not the less real because the leaders are for a time content to co-operate in a struggle for a local legislature as a stepping-stone to their ultimate end. Take from tlie present movement the agrarian element, which may be settled without Home Rule, and the Fenian element, which will never be satisfied without separation, and those who know Ire¬ land best believe that the residuum would be very small. Much of the movement, however, is of a more super¬ ficial character, and without the timidity and vacillation of successive Governments, it would never have reached its present height. American subsidies have made professional agitation a lucrative trade, on which, in many different ways and forms, great numbers of clever, needy, and unscrupulous men subsist. Like most trades, it will continue while it is profitable—so long 182 Why 1 am not a Home Ruler. and no longer. Intimidation, skilfully and unscrup¬ ulously exercised, has driven into the League multi¬ tudes of inoffensive men who have no more real sym¬ pathy for outrage and spoliation than the Sicilian proprietor who secures his property by paying black¬ mail to the bandit chief. “ It is all very well for your honour to talk,” said an Irish farmer, when remonstrated with for subscribing to a League which he detested; “ but when things become very bad, you can go to England —I must remain here.” Peaceful men will naturally seek a quiet life by paying tribute to the government de facto, and it is a shameful truth that in many parts of Ireland this government has not of late been the Government of the Queen. The conduct of the priests has been governed by other motives, and the attitude of the majority of them towards Great Britain imme¬ diately after the Imperial Parliament had abolished the last vestige of Protestant ascendancy is one of the most instructive and significant facts in the agitation. It is, however, very explicable. Many share the passions and sentiments of the peasant class from which they spring; others look forward to the probable extinction of Protestantism in great districts, and to the subjuga¬ tion of the whole education of Ireland to sacerdotal control, and whether they look for money or popularity or influence, the strongest motives of personal interest draw this class to the side of their congregations. At the same time, the longing for change, which grows up in periods of poverty and depression, the constant preaching of incendiary newspapers, a large amount of a vague and not very powerful poetic sentiment, class animosities and jealousies, and many petty questions of patronage and place, have all in their different ways borne their part in swelling the torrent. JVliy I am not a Home Ruler. 183 But, in addition to these things, the present agitation owes its power to long-continued and unexpected suc¬ cess; to the encouragement of Irish disloyalty by English politicians; to the manifest bargaining on both sides for the Irish vote ; to the signal failure of the Land Act of 1881; to such speeches as that in which Mr Gladstone attributed the disestablishment of the Irish Church to the Clerkenwell outrage; to recent trans¬ formation scenes which have profoundly shaken all confidence in the stability of English politics, and in the character of English statesmen. It is not surprising that it should have been so, for no more astonishing spectacle has been exhibited in modern politics. We have seen a great party leader going to the country at a general election without giv¬ ing the faintest intimation, either to his colleagues or to the electors, that he contemplated a policy of Home Eule; asking for a large majority in order that he might be independent of the Parnellite vote ; and then when he found that vote required to give him a clear majority, entering into alliance with men whom he had him¬ self described as aiming at “ public plunder ” and “ the disintegration of the empire ”; proposing to hand over to them the administration of justice and the govern¬ ment of Ireland ; attempting by his individual action to reverse the uniform tradition of English policy for more than eighty years, and subordinating to this end every other question of imperial policy. We have seen him, in the pursuit of this enterprise, descending to all the arts of the most unscrupulous and transparent demagogism; trying to sow in the newly enfranchised democracy the seeds of class warfare by setting the poor against the rich, and to rekindle smouldering pro¬ vincial jealousies between England and other portions 184 Why I am not a Home, Ruler. of the island; attacking Irish judges and the Irish police; making speeches which every plain man must see were deliberately intended, in a time of great diffi¬ culty and danger, to strengthen Irish anarchy and to discredit English law; putting up questions of the utmost intrinsic importance, such as the Church establishments in Wales and Scotland, to a kind of auction, by intimating not obscurely that their solution depended on the number of Home Kulers Wales and Scotland would send into Parliament to support him. And in the pursuit of this policy Mr Gladstone has carried with him the bulk of the machinery of a great English party, and men who have held high offices un¬ der the Crown, and among them one who only a few months before bad, as Lord Lieutenant of Ireland, been rallying the Irish loyalists against the very men to whose government he is now endeavouring to consign them. English history for many generations has had no such shameful page, and the evil consequences that flow from it will not speedily be exhausted. The effects of a degradation of the standard of political morality will be felt in every part of the empire, but they will be nowhere felt so powerfully as in those parts which are most disturbed and disorganised. Nothing could be more fatal to the prospect of good government in Ireland than the conviction that English statesmanship was passing permanently into a lower plane of charac¬ ter and honour. It would be idle to deny how seriously these things have aggravated the Irish difficulty, but in England as in Ireland the signs of the time are far from being alto¬ gether discouraging. The ablest and most trusted of Mr Gladstone’s former colleagues have taken the course which might have been expected from their characters Why I am nut a Home Ruler. 185 and from their past, and at the sacrifice of many things that men hold most dear, have refused to take any part in the policy of dismemberment, while the country has condemned it with a voice that cannot be mistaken. No one wdio realises the immense power which party ties and names exercise in England can be blind to the deep significance of the election of 1886. Mr Glad¬ stone was very lately incomparably the most popular statesman in England, and even apart from his popu¬ larity the Liberal party was by far the strongest in the State. But although Mr Gladstone has secured the votes of eighty-six detached members, who are ostenta¬ tiously indifferent both to imperial interests and to the interests of English parties, and also the Irish vote in the great towns, he is now defeated by majorities of nearly 100 in the House of Commons. So great a dis¬ placement of the balance of power could only be due to a genuine, earnest, and widespread condemnation of his policy, and although it could hardly be expected that so wide a deviation from the normal division of parties should remain entirely unmodified—although it is not surprising that some voters, and even a few con¬ stituencies, should have relapsed into their accustomed grooves — there is, I believe, no reason to fear that the deliberate conviction of the country has been in any degree shaken. It has become evident that Eng¬ land must for some time be governed either by an alliance of Conservatives and Liberal Unionists, or by an alliance of Gladstonians and Parnellites. Unless the former commit some egregious mistake, it seems hardly doubtful which alternative she will prefer. “ In England,” as Mr Dicey truly says, “ the party of morality and of conduct has always in the long- run been the possessor of popularity and of power.” 186 Wliu I am not a Home Ruler. Declamation and strategy, bids for the support of many interests, and unscrupulous appeals to subversive passions, may, no doubt, do much in democracies, but there has hitherto always been, and I trust there still is, in the constituencies of Great Britain a controlling element of moderate men who place patriotism above party, and who desire beyond all things sober, temper¬ ate, and consistent statesmanship, conducted by Minis¬ ters whose characters and judgments they can respect. Many things must happen before these electors are likely to wish for a Government directed by Mr Glad¬ stone, and with Sir William Harcourt and Sir George Trevelyan among its leading luminaries. It would be difficult to conceive a policy more opposed than the Home Eule policy to the best ten¬ dencies of the time. In the lifetime of those who have attained middle age three great works have been accom¬ plished in the world which far transcend all others in importance, and of which it is probably no exaggera¬ tion to say that the memory can never pass while the human race remains upon this planet. One of them, which is connected with the great name of Cavour, was the movement of unification by which the old and illustrious, but weak because divided. States of Italy were drawn together and fused into one great and prosperous kingdom. Another, which is chiefly con¬ nected with the name of Bismarck, was that movement of unification which has made Germany the most powerful nation upon the Continent. The third, which may, I believe, one day be thought the most important of the three, was due much less to the genius of any statesman than to the patriotism and courage of a great democracy. It was the contest of America with the spirit of secession which had arisen within its border ; Why I am not a Uoync Itukr. 187 and although that spirit was spread over a far larger area than Ireland, although it existed over that area in a far larger proportion of the population than in Ire¬ land, and was supported by an immeasurably greater amount of earnestness and self-sacrifice, it has now dis¬ appeared, and the present generation of Americans have in all human probability secured for centuries the unity of the great liepublic of the West. These great works of consolidation have been the contributions of other nations to the history of the nineteenth century. Shall it be said of English statesmen that their most prolific and most characteristic work has been to intro¬ duce the principle of dissolution into the very heart of their empire ? W. E. 11. LECKY. COLONIAL SELF-GOVERNMENT.' BY GEOEGE BADEN-POWELL, K.C.M.G., M.P. One of Mr Gladstone’s trump cards, that he has played in his endeavour to win the Home Eule game, is “the successful experience of granting self-govern¬ ment to our colonies ”; and this lead of his has been persistently taken up by his lieutenants. But this argument he has introduced is altogether fallacious, inapplicable, and misleading. On a previous occasion, when he sought to recom¬ mend dohore, on the plea that it had been “ adopted in our colonies, which value freedom not less than we value it,” Mr Gladstone was speedily convicted, not only of ignorance, but of what some did not hesitate to call culpable ignorance. And it is pertinent to the present occasion to remind the public of this previous instance in which the late Prime Minister advocated a ^ Eepublished, by the kind permission of the Editor, from the ‘National Review’ for July 1886. Colonial Self-Government. 189 thoroughly un-English measure, on the special plea of appealing to the successful experience of our colonies, when such an appeal was fallacious and misleading, because absolutely unfounded in fact. This precedent may be briefly stated. On February 14, 1882, Mr Gladstone rose in the House of Commons to propose a rule of cloture, specially advocating it on the plea that our colonies had adopted it. But in the previous November he had addressed a circular de¬ spatch to all our colonies, asking for specific informa¬ tion as to cloture. The replies were all to hand in the following January, and were printed and circulated by February 2. From these it was conclusively evident that only in one out of all the Colonial Legislative Assemblies was there in existence any form of cloture whatever. Precisely similar ignorance has Mr Gladstone ex¬ hibited in urging his Home Eule Bill for acceptance, by appealing to the successful experience of our colonies. It is true he commenced his appeal by reminding the House that his experience of colonial affairs w'as great, and dated from fifty-one years ago; and he described that at that date the relations between mother country and colonies were much strained, but that all had been set right by grants of self-government. Unfortunately for this glib argument, it so happens that fifty-one years ago, on the one hand, out of the nine colonies that now have responsible government, only one—Canada—had emerged into the position of a colony, or was, as 28 & 29 Viet. c. C3 phrases it, one of “her hlajesty’s possessions in which there ex¬ ists a Legislature.” Queensland, New Zealand, Vic¬ toria, and South Australia were not in existence as 190 Colonial Self-Government. separate communities. New South Wales, Tasmania, Newfoundland, and Cape Colony were small struggling settlements, of which little was hoped or expected. On the other hand, there were many colonies, among our more important in those days but small by com¬ parison now, chiefly in the West Indies, which have since that time, and for their own good, surrendered their self-contained Legislatures. It is perfectly true that since that day large powers of self-government have been delegated to our colonies outside the tropics, as they successively sprang into existence; and it is perfectly true that enormous suc¬ cess has attended this policy. But, in the first place, the reasons for such grants, and, in the second, the condi¬ tion and circumstances of these settlements, differ so radically from the motive and the environments of the Irish case, as to render it logically true that what suited them will not suit Ireland. One word as to the precedent afforded by Canada. Mr Gladstone tells us that Canada affords a case, “ not parallel but analogous,” and one “ embracing the whole controversy.” It is a great pity Mr Gladstone, before applying this precedent, did not make himself acquaint¬ ed with its leading details. He expected the House of Commons to believe that Canada was governed from Downing Street until the year 1838, and that all things by then had come to a hopeless dead-lock, which was happily solved by the grant of Home Kule. That is Mr Gladstone’s story; but it is one not less inconsis¬ tent with actual fact than the story he told three years ago as to the clohire. In reality, Canada had its elected representative Legislature from 1791 up to 1838; the executive being mostly in the hands of representa¬ tives of the Crown—as was the case at the time in Colonial Self-Government. 191 England itself. “ Government from Downing Street,” as we now understand it, was not possible, seeing that in those days there was no telegraph, and sailing vessels occupied weeks in crossing to the other side of the Atlantic. There were local troubles in the Canadas, and these assumed an acute phase over the local ques¬ tion of State endowments for the Church. These troubles culminated in the rebellion of ’38. The Legislature ivas in local hands and the executive in the charge of officials appointed from the mother country. Lord Durham succinctly suggested — “ Let them not only make their own laws but execute them and to carry out this idea he saw at once that the provinces could not be left to their own independent devices. The two Canadas were united in 1840 under one Government and Legislature; and responsible government was instituted. But in a few years this ill-assorted combination of two antagonistic provinces —the one Protestant by faith and English and Scotch in race, and the other Catholic and French—proved unworkable, and the two provinces were again sep¬ arated. Have we not in Ireland a somewhat close parallel ? In the north - east is there not a province Protestant by faith and Scotch in race ? And are there not, in the south and west, two provinces Catholic by faith and Celtic in race ? Does not Canadian experi¬ ence only prove that the amalgamation in a separate constitution and administration of the two incongruous provinces of Ireland merely promises to result in similar failure ? No lasting settlement was arrived at until, in 1867, all our various provinces on the North Ameri¬ can continent were locally federated into one united Dominion—one great Union. In this policy was found a satisfactory remedy for 192 Colonial Self-Government. years of trouble. But the cardinal principle was not the grant of Home Rule, but the uniting together of the different provinces under one supreme Legislature and Executive. It was comprehensive and intimate union, and not division and subdivision, which inaug¬ urated in Canada that grand era of prosperity which set in as a result of Lord Durham’s wise statesmanship. Very similar troubles occurred in New Zealand, al¬ though it enjoyed a representative constitution, before ^ the six provincial governments were amalgamated (1875) into one general Legislature and Executive. But as with Canada and New Zealand, so with the Australasian and Cape colonies, the circumstances and conditions are the very reverse of those of Ireland. In their case we have distant, young, and rapidly grow¬ ing colonies, proud of their common nationality, eager to absorb the surplus capital and population of the mother country, and wisely bent on maintaining as close a union as possible with an empire that is the pledge of their security and their liberties. Also, as I have already pointed out, in those days there were no telegraphs, and communication was as a rule by sailing- ships, which occupied weeks, and to Australia, months, in the voyage, to and fro. But there is another vital and essential difference which is strangely ignored by Mr Gladstone and all his lieutenants—ignored, indeed, by all the speakers who have introduced the colonial analogy. It is a difference which overshadows all the others. It is the funda¬ mental fact that these colonies were at the time not represented in the Imperial Parliament; whereas Ire¬ land is. The instances taken from European, not less than from colonial history, all lack this one vital feature. Ireland is already as fully represented in the Colonia I Self- Goveriimen t. 193 Parliament and Government of the country as any other part of the United Kingdom. To the British colonial communities, thus differing, and diametrically differing, in every essential attribute from Ireland, there was conceded that form of consti¬ tution known as responsible government. But with self-government was conceded full responsibility and full control. The constitution granted in each case, as may be seen in any of the Acts, was assimilated as closely as circumstances allowed to that of the United Kingdom. The supremacy of the Crown, two Houses of Legislature, full power over the purse, full respon¬ sibility for internal law and order, and for defence against external aggression : these were the five funda¬ mental principles of the new colonial constitutions, and only the first of these five enters into Mr Glad¬ stone’s scheme for Ireland. And the reasons for granting these Home Eule constitutions were the physical obstacles of distance, and the fact that the colonies were not represented in the Imperial Parlia¬ ment, two reasons which do not exist in the case of Ireland. And yet this is the case which Mr Gladstone brings forward as his great precedent for granting Home Eule to Ireland, to a country close to Great Britain, and populated and civilised for ages, and de¬ caying and not growing^—-at least so the Parnellites tell us. Mr Gladstone will also, perhaps, remember the motive avowed by the leading men of one great party, at all events, in granting this colonial Home Eule. These concessions were avowedly made because they “ paved the way to eventual separation,” because they opened the door to a breaking up of the empire. In this respect, also, the present offer of Home Eule to Ireland is, we must hope, distinct and different from 194 Colonial Self-Government. the grant of Home Eule to the colonies. Or does Mr Gladstone in this respect also see a close analogy and precedent? In ‘Oceana,’ Mr Fronde well sums up this “ policy of separation ” in the words,—“ They were in¬ formed that they were as birds in nests, whose parents would be charged with them only till they could provide for themselves.” But the colonies, with that practical statesmanship (and I speak from a not inconsiderable personal ex¬ perience) which has been their special product, and a product that will be of incalculable advantage to the whole nation, have replied with no uncertain sound: “ It is best for us, it is best for you, it is best for all, that we continually draw closer and closer the bonds of union, the ties of communion—social, intellectual, commercial, and political, that now so happily subsist.” The reply of the colonies to the disintegrating grant of self-government is a request that will, and must be, acceded to, for a reuniting of the powers and forces of the empire in some closer union. To sum up, colonial Home Eule differs from any possible Irish Home Eule, in the following among other points :— 1. It was granted to pave the way to separation. 2. It has resulted in creating a warm demand for closer union. 3. The colonies were not represented in the Imperial Parliament. 4. The colonies were separated by weeks or months of sea-voyage from London, and there was no telegraph. 5. The colonies were partially unpopulated, young, and rapidly progressive countries. 6. The colonies never tired of asserting their pride 195 Colonial Self-Government. in their common nationality, and their deter¬ mination to remain integral portions of the British Empire. 7. The colonies have the common-sense to see, and the practical statesmanship to act up to the wise conviction, that the closest union means for the whole empire enhanced credit and absolute security against all internal or external danger to liberties or rights. 8. The colonies have a vivid conception of their duties and obligations as citizens of a great empire. In addition to all this, Mr Gladstone, as I have shown, appealing to the successful experience of our colonies, proceeds to offer Ireland precisely what was not offered to the colonies. He asks Ireland to accept Home Eule, and then he defines Home Eule in his Bill, from the main lines and purport of which he will not depart even one hair’s-breadth. In brief, this Bill says to Ireland, “ You may have Home Eule ; you may have a I’arliament in Dublin; but you must have no permanent representatives in the Imperial Parliament; no control over customs and excise—the two great items of purse; no control over your own defence; no full responsibility for law and order ; no command over the liberties of your people or industries.” In short, Ireland, according to the principle of Mr Gladstone’s Bill, is to be deprived of all present share in the Imperial Government, and of most of the powers of self-government. The English taxpayer is to take all the ultimate responsibility and control. Ireland is merely to contribute a fixed sum, to be forcibly collected by England. Even the pro¬ posed Irish Legislature is to be on an entirely new 196 Colonial Self-Government. model—viz., a single chamber—in which the repre¬ sentatives of education and property are merely to have the right to be always in the minority, and with less powers in many respects than the councils even in Crown colonies, “ ruled by the paternal despotism of Downing Street.” Indeed, this new and strange Legislature would not enjoy even the rights or powers possessed by the subordinate Legislatures of the pro¬ vinces of Canada, and there would be no permanent representation in the Imperial Parliament. Ireland would thus have inferior powers and rights to any other province of any nation of European stock. This is what Mr Gladstone offers to Ireland, and what the Parnellite lieutenants assert will be accepted as final by Ireland. To others in Ireland, this proposal comes in the light of an insult and a degradation—as a proposal which would settle nothing, but which would open the door to endless complications, and make possible every manner of dispute or difficulty. In conclusion, I will add that this Union, which has proved good and useful and vital to Great Britain and to Greater Britain, to the thirty millions in England and Wales and Scotland, to the two million Ulster men and commercial men in Ireland, and to the ten million British citizens of European stock in the North American, South African, Australian, and other pro¬ vinces of the nation, is not lightly to be cast to the winds because an ephemeral majority of three million of the less educated and less substantial of the inhabit¬ ants of Ireland have been misled into supposing that, “ to direct their course by themselves among the na¬ tions of the world,” will freely give to some Irishmen the land now belonging to others. This demand for Home Eule, as a stepping-stone Colonial Self-Government. 197 towards separation, is a passing craze, on which agita¬ tors may batten, and by whicli true patriots may be blinded and misled; but it is opposed, even in this the hour of its zenith, by the good sense and successful experience of at least forty-two out of the forty-five millions of British citizens of European stock. Mr Gladstone’s peculiar scheme has been sprung upon the public by the latest pervert to this strange dogma; and the country has not yet had time to become familiar with the question ; but as it gradually does so, there will grow up an overpowering conviction that Mr Gladstone’s proposals, even if they were practi¬ cable, which they are not, would undoubtedly threaten the prosperity and integrity of the whole empire, and certainly compass the ruin of Ireland. GEORGE BADEN-POWELL. E'RINTEL) BY WILLIAM BLACKWOOD AND SONS. 1 i I ‘1 ! '■i ■j A 4 FOURTEENTH THOUSAND. Popular Edition. Price One Shilling. MB GLADSTONE: A STUDY. By L. J. JENNINGS, M,P, With Important Additions, including an entirely New Chapter on ‘Later Developments of Mr Gladstone’s Irish Policy.’ a “ The most remarkable volume that has appeared for a long time in the way of political literature.”— Public Opinion. “ This is the most powerful and effectual, because the most calm, unimpassioned, unassailable indictment of Mr Gladstone yet laid before the public.”— Vanity Fair. “ Brilliant and scathing analysis of the many parts which have been played by Mr Gladstone in his long occupancy of the political stage.”— Manchester Courier. FORTIETH THOUSAND. With Fifteen Illustrations. Price Sixpence. THE IRISH GREEN BOOK. By the Joint-Compiler and Artist of ‘THE GLADSTONE ALMANACK,’ ‘EGYPTIAN RED BOOK,’ &c. “ A trenchant attack on the Gladstone-Parnellite alliance, and should be read by all who wish to know the truth.”— Morning’ Post. \VILLIAM BLACKWOOD AND SONS, Edinburgh and London. r ri -f . 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