Chapter VIII: Part 8

"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 was 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 present, 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 allowances 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."[35]

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 unmitigated 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 reformed, but it would have soon found its situation intolerable. 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 demanded 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 subjects, while an Imperial Parliament, in which Irish representatives sat, would have directed the policy of the empire."[36]

MR. GOLDWIN SMITH.

None of the recent opponents of Home Rule have written against that policy with more brilliance and epigrammatic keenness than Mr. Goldwin Smith. But no one 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'oeil_ remains the most pointed indictment ever drawn from the historical 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 study 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, disaffection, and agrarian crime."[37] 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 industrial 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 improvident, 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 which connects the drunkenness of the Irish people with their misery. Drunkenness is, generally speaking, 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 circumstances favourable to industry."[38] 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 barbarism to civilization. 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 returning 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."[39]

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."[40]

Of the "training" through which 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."[41]

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. Fortunately, their recklessness was sure, in the end, to work, to a certain extent, its own cure; and in the background of their swinish and uproarious drinking-bouts, the Encumbered Estates Act rises to our view."[42]

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 suppose 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 submission of the people to their jurisdiction, implied the presence of much violence, but not of much depravity, considering 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.'[43] 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 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?"[44] "A people cannot be expected to love and reverence oppression because it is consigned to the statute-book, and called law."[45]

These extracts are taken from _Irish History and Irish Character_, which was published in 1861. 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 statesmanlike 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, notwithstanding 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?"[46]

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--

"There can be no doubt, I apprehend, that the Irish difficulty has entered on a new phase, and that Irish disaffection has, to repeat an expression which I heard used in Ireland, come fairly into a line with the other discontented nationalities 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 Irish 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 Transatlantic 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 contrary, the farmers are rather prosperous, and wages, even when allowance is made for the rise in the price of provisions, 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 element), but national, and the remedy for it must be one which cures national discontent. This is the great truth which the English people have to lay to heart."[47]

Mr. Goldwin Smith then dispels the notion that the Irish question is a religious one.

"When Fenianism 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."[48]

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 fundamental."

He then states what is "fundamental."[49]

"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 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 disaffection 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."[50]

And all this was written sixty-seven years after the Union of 1800.

Mr. 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 successful. 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 unhappily 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. We 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 international hatred, and there will be hope of real union in the future."[51]

Mr. Goldwin Smith finally proposes a "plan" by which the "deadly international hatred" might be got rid of, and a "real union" brought about. Here it is.

"1. 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 circumstances of Ireland are likely to be, for some time at least, really peculiar, and the personal acquaintance of our legislators with them is the only sufficient security for good Irish 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 not 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 Parliament) on all matters not essential to the political and legal unity of the empire, in which I would include local education. The 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 particular 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 committing 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."[52]

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 no man has fired more effective shots into Mr. 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 indictment which can fairly be brought against the Act of Union."[53]

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) all men, of whatever party or of whatever nation, who have seriously studied the annals of Ireland are agreed--the history is a record of incessant failure on the part of the Government, and of incessant misery on the part of the people. On this matter, if on no other, De Beaumont, Froude, and Lecky are at one. As to the guilt of the failure or the cause of the misery, men may and do differ; that England, whether from her own fault or the fault of the Irish people, or from perversity of circumstances, has failed in Ireland of achieving the elementary results of good government is as certain as any fact of history or of experience. Every scheme has been tried in turn, and no scheme has succeeded or has even, it may be suggested, produced its natural effects. Oppression of the Catholics has increased the adherents and strengthened the hold of Catholicism. Protestant supremacy, while it lasted, did not lead even to Protestant contentment, and the one successful act of resistance to 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 appeared 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 movement 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 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 diminishing poverty; why the disestablishment of the Anglican Church has increased rather than diminished the hostility to England of the Catholic priesthood; or why two Land Acts have not contented Irish farmers. It is easy enough, in short, and this without having 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. Failure, however, is none the less failure because its causes admit of analysis. It is no defence to bankruptcy that an insolvent can, when brought before the Court, lucidly explain the errors which resulted in disastrous speculations. The failure of English statesmanship, explain it as you will, has produced the one last and greatest evil which misgovernment can cause. It has created hostility to the law in the minds of the people. The law cannot work in Ireland because the classes whose opinion in other countries supports the actions of the courts, are in Ireland, even when not law-breakers, in full sympathy with law-breakers."[54]

No Home Ruler has described the evils of English misrule in Ireland with such vigour as this.

"Bad administration, religious persecution, above all, a thoroughly vicious land tenure, accompanied by such sweeping 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 unaffected by prejudices or passions from which no Englishman or Irishman has a right to suppose himself free.

"'Quand vous en êtes arroês à ce point, croyez bien que dans cette voie de regueurs tous vos efforts pour rétabler l'ordre et la paix seront inutiles. En vain, pour réprimer des crimes atroces, vous appellerez à votre aide toutes les sévérités du code de Dracon; en vain vous ferez des lois cruelles pour arrêter le cours de révoltantes cruautés; vainement vous frapperez de mort le moindre délit se rattachant à ces grands crimes; vainement, dans l'effroi de votre impuissance, vous suspendrez le cours des lois ordinaries proclamerez des comtés entiers en état de suspicion légale, voilerez le principe de la liberté individuelle, créerez des cours martiales, des commissions extraordinaires, et pour produire de salutaires impressions de terreur, multiplierez à l'excès les exécutions capitales.'"[55]

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 the 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 uncertainty 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 Irishmen are to blame for the fact that it is difficult for communities 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 lengthy and more than half factitious agitation met by equally factitious resistance, have been fostered and increased by the interaction of Irish and English politics. No one can believe that the inveterate habit of ruling one part of the United 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_."[56]

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." Nevertheless, Mr. Dicey 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."[57]

I shall not discuss the question of Home Rule with the eminent writers whose works I have cited. It is enough that they demonstrate the failure of the Union. So convinced was Mr. Lecky, in 1871, of its failure, that he suggested a readjustment of the relations of the two countries on a federal basis;[58] and Mr. Goldwin Smith, in 1868, contended that the Irish difficulty could only be settled by the establishment of Provincial Councils, and an occasional 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 Irishmen believe, with Grattan, that the ocean protests against separation as the sea protests against such a union as was attempted in 1800.[59]

FOOTNOTES:

[Footnote 26: 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.]

[Footnote 27: Lecky, _Leaders of Public Opinion in Ireland_, new edit. (1871), Introduction, pp. viii., xiv.]

[Footnote 28: Lecky, _Leaders of Public Opinion in Ireland_, new edit. (1871), Introduction, pp. xiv., xv.]

[Footnote 29: Lecky, _History of England in the Eighteenth Century_, vol. ii. pp. 59, 60.]

[Footnote 30: _Leaders of Public Opinion_, pp. 33, 34.]

[Footnote 31: _Leaders of Public Opinion_, pp. 120-123.]

[Footnote 32: _Leaders of Public Opinion_, pp. 125, 126.]

[Footnote 33: _Leaders of Public Opinion_, pp. 34-37.]

[Footnote 34: _Leaders of Public Opinion_, pp. 134-137.]

[Footnote 35: _Leaders of Public Opinion_, pp. 192-195.]

[Footnote 36: _Leaders of Public Opinion_, pp. 195, 196.]

[Footnote 37: Goldwin Smith, _Three English Statesmen_, p. 274.]

[Footnote 38: _Irish History and Irish Character_, pp. 13, 14.]

[Footnote 39: Ibid., p. 194.]

[Footnote 40: Ibid., p. 142.]

[Footnote 41: _Irish History and Irish Character_, p. 101.]

[Footnote 42: _Irish History and Irish Character_, pp. 139, 140.]

[Footnote 43: Sir George Cornewall Lewis, _Irish Disturbances_, p. 97.]

[Footnote 44: _Irish History and Irish Character_, pp. 153-157.]

[Footnote 45: Ibid., pp. 70, 71]

[Footnote 46: _The Irish Question_, Preface, pp. iii., iv.]

[Footnote 47: _The Irish Question_, pp. 3-5.]

[Footnote 48: Ibid., p. 6.]

[Footnote 49: Ibid., p. 7.]

[Footnote 50: _The Irish Question_, pp. 7-9.]

[Footnote 51: _Irish Question_, p. 10.]

[Footnote 52: _The Irish Question_, pp. 16-18.]

[Footnote 53: Dicey, _England's Case against Home Rule_, p. 128.]

[Footnote 54: Dicey, _England's Case against Home Rule_, pp. 72-74.]

[Footnote 55: Dicey, _England's Case against Home Rule_, pp. 92-94.--The foreigner is De Beaumont.]

[Footnote 56: Dicey, _England's Case against Home Rule_, pp. 151, 152.]

[Footnote 57: Ibid., p. 288.]

[Footnote 58: 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.]

[Footnote 59: Irish House of Commons, January 15th, 1800.]

IRELAND'S ALTERNATIVES.

BY LORD THRING.[60]

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 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 Government having communities only for its subjects, and incapable 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.[61] All that 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 1848 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[62] 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 having at their head a president and vice-president, who are the first magistrates of the republic. There is also a federal tribunal, 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 hereditary emperor as its head. It comprises twenty-six States, who have "formed an eternal union for the protection of the realm, and the care of the welfare of the German people."[63] 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 House. The legislative body of the empire consists of two Houses--the Upper, called the Bundesrath, 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 constituent States in unequal numbers, regard being had to the population and circumstances of each State.

The Austro-Hungarian Empire is a federal union, differing 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."[64] Again, in the next chapter, commenting on the period between 1740 and 1786: "Hungary, in fact the 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 the insurrection of 1849, which Austria suppressed with the assistance of Russia, and as a penalty declared the Hungarian Constitution to be forfeited, and thereupon Hungary was incorporated with Austria, as Ireland was incorporated with Great Britain in 1800. Both events were the consequences 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[65] felt that unless some resolute effort was made to meet the views of the constitutional party in Hungary, 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.[66] Ordinarily the delegates sit and vote 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.[67]

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,[68] "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 themselves 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 community 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 nationality 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 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 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 independence, except in so far as a veto on legislation and the presence of a Governor named by the Crown mark the dependence of the colony on the mother country.

It is to be remembered, moreover, that 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 the general principles of colonial government, but one colony requires special mention, from the circumstance 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 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, without weakening the supremacy of the empire or of the central local power, it admits of considerable 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 proverbial second marriage.