START OF THE PROJECT GUTENBERG EBOOK ENGLAND'S CASE AGAINST HOME RULE*** E-text prepared by Jonathan Ingram, Susan Skinner, and the Project Gutenberg Online Distributed Proofreading Team ENGLAND'S CASE AGAINST HOME RULE by A. V. DICEY The Richmond Publishing Co. Ltd. Orchard Road, Richmond, Surrey, England 1886 PREFACE. An author who publishes a book having any reference to Irish affairs may, not unnaturally, be supposed either to possess some special knowledge of Ireland, or else to be the advocate of some new specific for the cure of Irish discontent. Of neither of these suppositions can I claim the benefit. My knowledge of Ireland is merely the knowledge--perhaps it were better to say the ignorance--of an educated Englishman. It is derived from conversation with better informed friends, from careful attention to the discussions on Irish policy which for the last eighteen years have engrossed public attention, and from books accessible to ordinary readers. If I can claim no special acquaintance with Ireland, still less have I the presumption or the folly to come forward as the inventor of any political nostrum. My justification for publishing my thoughts on Home Rule is that the movement in favour of the Parliamentary independence of Ireland constitutes, whether its advocates recognise the fact or not, a demand for fundamental alterations in the whole Constitution of the United Kingdom; and while I may without presumption consider myself moderately acquainted with the principles of Constitutional law, I entertain the firmest conviction that any scheme for Home Rule in Ireland involves dangerous if not fatal innovations on the Constitution of Great Britain. To set forth the reasons for this opinion is the object of this work. The opinion itself, whatever its worth, is not the growth of recent controversy; it has been entertained for years, and has been expressed by me in various publications. This book is much more than a reprint; its contents are, however, in part made up of articles which have already been published. My thanks are due to the owners of the _Contemporary Review_ and of the New York _Nation_ for their permission to make free use of my contributions to the pages of their periodicals; it is a pleasure to acknowledge the exceptional liberality with which my friend, Mr. E.L. Godkin, has allowed me to publish on my own responsibility in the columns of the _Nation_, opinions of which he is himself the strenuous and most able opponent. Nor are my acknowledgments due only to the living. Gustave de Beaumont's '_Irelande sociale et politique_' was placed in my hands by a friend after the plan of my argument was complete, and the writing of this book was in fact begun. From De Beaumont I learnt more than from any other writer on the subject of Ireland with whose works I am acquainted, and I found to my great satisfaction that his speculations curiously confirm the objections I was prepared to urge against the policy of Home Rule. It is a duty to insist upon the debt I owe to De Beaumont, because at the present moment no greater service can be rendered to Englishmen and to Irishmen alike than to press upon them the study of an author whose writings are far better known on the Continent than in England, and whose thoughts, though they may seem a little out of date, are full not only of profound wisdom but of practical guidance. A.V. DICEY. OCTOBER, 1886. CONTENTS CHAPTER I NATURE OF THE ARGUMENT CHAPTER II. MEANING OF HOME RULE CHAPTER III. STRENGTH OF THE HOME RULE MOVEMENT IN ENGLAND CHAPTER IV. ENGLISH ARGUMENTS IN FAVOUR OF HOME RULE. Argument I.--From Foreign Experience " II.--From the Will of the Irish People " III.--From the Lessons of Irish History " IV.--From the Virtues of Self-Government " V.--From the Necessity for Coercion Acts " VI.--From the Inconvenience to England of Refusing Home Rule CHAPTER V. THE MAINTENANCE OF THE UNION CHAPTER VI. SEPARATION CHAPTER VII. HOME RULE--ITS FORMS. I.--Home Rule as Federalism II.--Home Rule as Colonial Independence III.--Home Rule as the Revival of Grattan's Constitution IV.--Home Rule under the Gladstonian Constitution CHAPTER VIII. CONCLUSION APPENDIX CHAPTER I. NATURE OF THE ARGUMENT. [Sidenote: Aim and line of argument] My aim is to criticise from a purely English point of view the policy of Home Rule, or the proposal to create a more or less independent Parliament in Ireland; and as a result of such criticism to establish the truth, and develop the consequences, of this proposition--namely, that any system of Home Rule, whatever be the form it takes, is less beneficial to Great Britain, or (to use popular language) to England, than is the maintenance of the Union, and is at least as much opposed to the vital interests of England as would be the national independence of Ireland. The train of reasoning by which it is sought to establish this principle, and the consequences which the principle involves, consists of the following steps: first, an examination into the causes which give strength to the Home Rule movement in England, and the nature of the arguments in its support used by English Home Rulers; secondly, a statement of the advantages and disadvantages, from an English point of view, on the one hand of maintaining the Union, and on the other of separation from Ireland; thirdly, a criticism of each of the principal forms[1] under which Home Rule has been actually presented to the attention of the public, the aim of such criticism being in each case to determine how far the particular form of Home Rule can compete as regards the interests of England with the alternative policies of Unionism and of Irish independence; and, fourthly, a summary of the conclusions arrived at by this survey of the policy of Home Rule. My endeavour will be to make this survey without any appeal to prejudice, passion, or sentiment, and with the calmness and fairness which a scientific constitutionalist should display in weighing the merits of any other proposed alteration in our form of government, such for example as the introduction of life peers into the House of Lords, or in estimating the value of some foreign constitutional invention, such for example as the Swiss Referendum or the Dual system which links together Hungary and the Austrian Empire. No citizen of the United Kingdom indeed can pretend to be an impartial critic of a policy which divides the whole nation into opposing parties. But during a period of revolutionary excitement it is well to remember that any legislative innovation, however keen the feelings of partisanship which it may arouse, is always in itself capable of being looked at from a logical or abstract point of view, and ought to be so looked at by jurists. To one class indeed among the advocates of Home Rule the fundamental principle contended for in these pages will appear irrelevant to the points at issue between such Home Rulers and their opponents. Nationalists, who still occupy the position held in 1848 by Sir Gavan Duffy and his friends, and who either openly contend for the right of Ireland to be an independent nation, or accept Home Rule (as they may with perfect fairness) simply as a step towards the independence of their country, are naturally and rightly unaffected by reasoning which shows, however conclusively, that Home Rule may be as injurious to England as a complete severance of the political connection between England and Ireland. A Nationalist may say with justice that he is no more bound to consider whether England will or will not be damaged by Ireland's becoming a nation, than an Italian patriot was bound, in 1859, to show that Austria would not suffer by being deprived of Lombardy or of Venetia; he accepts Home Rule on the maxim that half a loaf is better than no bread, but a starving man is not required to refuse the offer of food because the donor cannot make the gift without getting into debt; nor does the acceptance of half a loaf afford the least presumption that the recipient would not prefer a whole loaf if he could get it. Some indeed of the considerations which tell in the eyes of an Englishman against Home Rule may indirectly lead an Irish Nationalist to the belief that the boon of legislative independence, if granted to Ireland, would prove the present of a stone in reply to a prayer for bread. But should a Nationalist be convinced that no form of Home Rule would benefit Ireland, he would cling all the more firmly to the faith that her salvation depends upon her taking her place among independent states. To Nationalists, therefore, even though at present they may be fighting the cause of Irish nationality behind the vizor of Home Rule, these pages are not addressed; the position they occupy is one of which no man has any cause to feel ashamed. The opinion that, considering the misery which has marked the connection between England and Ireland, the happiest thing for the weaker country would be complete separation from the United Kingdom, is one which in common with most Englishmen, and, it may be added, in common with the wisest foreign observers, I do not share; but fairness requires the admission that it is an opinion which a man may hold and may act upon, without incurring the charge either of folly or of wickedness. To Nationalists, however, these pages, as I have said, are not addressed. The persons for whom they are intended are either Home Rulers, whether in Great Britain or in Ireland, who _bonâ fide_ advocate the policy of Home Rule as a policy good and wise in itself and for its own sake; or else Unionists, who firmly believe that the whole State will suffer by any attempt to tear up the Treaty of Union, but yet are unable to give for the faith that is in them as strong grounds of reason as they would desire. To such persons the importance of the principle (if true) which is contended for throughout these pages must appear undeniable; it strikes at the root of more than one half of the arguments by which Home Rulers from the time of Mr. Butt to the days of Mr. Parnell have attempted, fairly enough, and latterly with great success, to win over English opinion to their cause, and it undermines the whole position occupied by Mr. Gladstone and his English followers. They assume with undeniable truth that the English people will not at the present moment, except under compulsion, acquiesce in Irish independence; they further assume, and must from the nature of the case assume, that Home Rule under one shape or another presents a fair prospect at least of advantages not derivable from the maintenance of the Union, and is at the very worst so much less injurious to British interests than would be separation from Ireland, as to offer to England a reasonable compromise between the just claims of Englishmen to secure the prosperity of Great Britain and the greatness of the British Empire, and the legitimate desire of Irishmen for national independence. If the proposition which it is my object to maintain turn out to be sound, all these assumptions fall to the ground, together with a host of fallacies for which these assumptions form the necessary basis. The principle, in short, which it is my object to enforce--that Home Rule in Ireland is more dangerous to England than Irish independence--lies at the bottom of all the rational opposition made by Unionists to the creation of an Irish Parliament, and, together with the arguments by which the principle is maintained, and the conclusions to which it leads, forms the true and just and reasonable case of England against Home Rule. [Sidenote: Possible objections to method.] The whole spirit and method of my argument is open to at least three plausible objections, which deserve examination, both because if left unnoticed they are certain to occur to and perplex any intelligent reader, and because their removal brings into relief the strength of my line of reasoning. [Sidenote: 1. Too abstract.] _First objection._--To deal with a burning controversy in the abstract and logical manner suitable to the discussion of the problems of jurisprudence savours, it may be objected, of theoretic, academic, or pedantic disquisition more fit for a University class-room than for the living world of contemporary politics. The force of this criticism does not admit of denial. My method of treating the question of Home Rule is necessarily lifeless when compared with the vehement rhetoric or heated eloquence which characterises public or parliamentary discussion; it is also true that the argumentative treatment of matters affecting actual life always bears about it a certain air of unreality. If, however, systematic argument lacks the animation of political discussion or dispute, it possesses its own counterbalancing merits, and the mode of treating Home Rule purposely adopted in these pages has, it is conceived, two not inconsiderable advantages. The first of these advantages is that it diverts the mind from a crowd of personal, temporary, and in themselves trivial considerations, which, though they possess not only an apparent but also a real significance, are at bottom irrelevant to the final decision of the true points at issue. Whether, for example, Mr. Gladstone ought to have proclaimed himself a Home Ruler before the elections of 1885, whether Lord Salisbury's reference, or alleged reference, to twenty years of coercion was or was not judicious, and did or did not receive a fair interpretation from his opponents; whether Lord Carnarvon misled Mr. Parnell, or whether the Irish leader was a dupe to his own astuteness; whether Mr. Chamberlain ought to have joined the late Ministry, or, having gone into the Cabinet, ought never to have left it; what have been the motives consciously or unconsciously affecting Mr. Gladstone's course of action--these and a hundred other enquiries of the like sort, which engage the attention and distract the judgment of the public, possess, in the eyes of any serious thinker occupied in estimating the strength of the arguments for and against Home Rule, no material importance whatever. His concern is the merit or demerit of a legislative enactment. He is not concerned at all with the conduct or the character of legislators. Mr. Gladstone's motives may be the highest which can be ascribed to the Premier by the voice of admiring friendship, or the basest which can be imputed to him by the unfairness of political rancour. In any case they are irrelevant to the matter in hand. An unwise measure will not become a beneficial law because its author is a saint or a patriot; a statesmanlike law will not turn out a curse to the country because its defender is an intriguer or a traitor. We all see that this is so if we carry our view back to the controversies of the last generation; the personalities of fifty or sixty years ago are reduced before our eyes into their real pettiness. The first Reform Bill still retains its importance for as a measure which for good or bad revolutionised the constitution; its beneficial or pernicious effects are still traceable in the England of to-day; but its evils are not lessened by the acknowledged virtues of Lord Althorpe, nor are its good effects marred by the ambition of Brougham or the violence of O'Connell. It is no slight recommendation of any mode of reasoning if it suggests to us the prudence of judging the policy of 1886 in the spirit and by the standards which every man of sense applies to the policy of 1832. Academic disquisition has its faults, but ought to produce academic calmness; a class-room is after all a better place for quiet reflection than the House of Commons or the hustings. The second of the advantages which marks the proposed mode of argument is that a line of thought which fixes a reader's attention all but exclusively upon the probable effects of Home Rule is a preservative against the errors which arise from introducing into a dispute, bitter enough in itself, all the poisonous venom of historical recrimination, and all the delusions which are the offspring of the misleading tendency to personify nations. The massacres of 1641, the sack of Drogheda, the violated treaty of Limerick, the follies strangely mingled with the patriotism of Grattan's Parliament, the outrages which discredited the rebellion of 1798, and the cruelties which disgraced its suppression; the corruption which carried the Union, and the broken pledges which turned political union into a source of fresh sectarian discord; the calamities, the mistakes and the crimes which mark each scene in the tragedy of Irish history, afford to Protestants and to Catholics alike an exhaustless supply of recriminatory invective. But to evoke the spectres of past ages is not the way to assuage the animosities of the present day. The crimes of bygone generations are subjects for curious investigation, but the determination of historical problems, even when conducted in the spirit of the calmest enquiry, never removes the difficulties of practical statesmanship. Apologies, at any rate, or diatribes produced by the necessity for palliating or for denouncing the misdeeds of other times, only add a new element of confusion to the turmoil of political warfare. Whether the insurgents of 1641 massacred every Protestant on whom they could lay their hands, or bear only an indirect responsibility for the death of eight or nine thousand men and women ruthlessly expelled from the lands of which in Irish eyes they were wrongful occupiers, is a question to be settled by Mr. Froude, Mr. Lecky, and Mr. Gardiner; but the barbarities of insurgent Catholics, and the retaliatory severity of Protestant victors, which mark the fury of an internecine conflict removed from us by the lapse of more than two centuries have little to do with the practical question whether it be expedient at the present day that the local affairs of Ulster should be dealt with by a Parliament sitting at Dublin, or whether members from Ireland should have seats at Westminster. Recrimination, while it adds nothing to knowledge, disturbs the judgment of statesmen and of electors; but not even the reckless resuscitation of bitter memories, which ought to be forgotten, adds so much to the confusion of the day as does the habit fostered by the illusions of language, and by the falsely applied historical method, of speaking and thinking of England and Ireland as though they were two human beings, who, on closing a life-long quarrel, might be expected to entertain towards one another those sentiments of regret, generosity, or gratitude which are proper to men and women, but can only by the boldest of fictions be supposed to enter into the relations between classes or nations. To this delusion of personification is due the notion that Englishmen of to-day ought to make compensation and feel personal shame for the cruelties of Cromwell, or for Pitt's corruption of Irish patriots; that we are in some way liable and should feel compunction for crimes committed by (possibly) the ancestors of the very men to whom we are now supposed to owe reparation. To the same cause is to be attributed the absurd demand that the Irish Catholics should put on ashes and sackcloth for the massacres of 1641, or that living Irishmen should be grateful for the well-meant though most unsuccessful efforts made by the Parliament of the United Kingdom to govern one-third of the United Kingdom on sound principles of justice. A Sovereign's plainest duty is to rule his subjects for their good according to the best of his power and of his knowledge, and the mere discharge of duty does not entitle a ruler to gratitude from the persons who are benefited by his justice. A Parliamentary Sovereign being the representative and agent of its (so-called) subjects, is _à fortiori_ if there can be degrees in such matters--bound to govern for the benefit of the people whom it represents and ought to serve; and there is something strictly preposterous in the idea that Irish electors, who in common with the rest of the United Kingdom send representatives to Westminster, should glow with gratitude when the Parliament of the United Kingdom so far performs its duty as to enact laws from which Ireland derives benefit No one suggests that Englishmen or Scotchmen should feel grateful either to Parliament or to their Irish fellow-citizens for the maintenance of good government throughout England and Scotland. And it would puzzle the wit of man to show why one-third of the United Kingdom should be expected to entertain feelings never demanded from the other two-thirds thereof. [Sidenote: 2. Too much reference to interest.] _Second objection_.--The habitual reference made throughout these pages to national interest as the test or standard of national policy has (it may be suggested) a touch of sordidness and selfishness, and implies that statesmanship has nothing to do with morality. This impression may it is possible be conveyed to a careless reader by the form in which the case against Home Rule is stated; but no suggestion can in reality be more unfounded. It will be seen to be unfounded by any one who notes for a moment the meaning of the term "interest" as applied to matters of national policy. The interest or the welfare of a nation comprises many things which have nothing to do with trade or with wealth, and the value of which does not admit of being measured in money. The interest, welfare, or prosperity of England includes the maintenance of her honour, the performance of all her obligations, and, above all, the strict discharge of every engagement which she has undertaken towards countries or to individuals. The protection, for example, of law-abiding citizens in the enjoyment of rights secured to them by law; the maintenance of peace throughout the length and breadth of the Empire; the suppression of lawlessness; the strict performance of every promise which the State has made to every man or body of men, whether poor or rich, whether belonging to the class of labourers, of farmers, or even of landlords--the rendering, in short, to every man of his due--are things which without any improper extension of the term interest fall under the head of national interests. Utilitarianism, in truth, being a body of principles applicable primarily to legislation and only secondarily to ethics, its doctrines hold far more obviously true in the field of politics than in the field of morals. On any wide view of large public questions expediency will be found to be only another name for justice. It can be neither the interest nor the duty of any nation to legislate in a way which produces more of suffering than of happiness. A policy opposed to the interests or the welfare of the United Kingdom as a whole, even though it may appear for a moment to favour some particular portion of the State, is, we may be well assured, a policy opposed not only to wisdom, but to justice. [Sidenote: 3. Exclusively English point of view.] _Third objection._--To look at Home Rule mainly from an English point of view, to criticise it because of its bearing on the interests or welfare of England, is, it may perhaps be thought, to treat the whole matter from the wrong side, and to betray an indifference to the welfare of Ireland. Home Rule, the objector may say, is a scheme for the government of Ireland. It therefore concerns the people of Ireland alone, it should be subjected to examination from an Irish, not from an English point of view, and to consider it in any other light is to exhibit in a new form that callous disregard by England of Ireland's claims which has prevented the two countries from blending into one community. It is of primary importance that this objection should be stated with all the force which can be given to it, for were it valid it would assuredly be, in the judgment of all just persons, fatal to the line of reasoning which my readers are invited to pursue. The objection is, however, so far from being valid as to present my whole method of reasoning in a false light. A main reason why an Englishman does well to look at Home Rule from an English point of view is, that this mode of dealing with the adjustment of the possibly opposed interests of England and Ireland is (paradoxical though the assertion may sound) both the least irritating and in itself the fairest method of meeting the demands of Irish Home Rulers; though--and this is the one certainly good result which has arisen from the changed attitude towards Home Rule of Mr. Gladstone and his followers--these demands may now happily be dealt with as claims put forward not specially by Irishmen, but by a political party which includes large numbers of Scotchmen and Englishmen. The assertion, however, that to look at Home Rule from an English point of view is the way to minimise irritation, and to deal fairly with a topic specially requiring fair treatment, requires some explanation. Experience of the world teaches every man that in complicated affairs of private life, involving questions, say, both of money and of sentiment, nothing so surely prevents quarrels as to separate in the clearest manner possible matters of business from matters of feeling. In determining a dispute between _A._ and _B._, a great step is gained when a friend induces each of the parties first to state clearly his exact legal rights and his exact pecuniary interest, and only when these facts are made clear to consider what are the concessions fairly to be demanded from him as a matter, not of right, but of liberality. Nothing, again, is plainer in the conduct of controversies between man and man, than that if _A._ intends to exact his full legal rights from _B._, the most irritating defence of _A.'s_ conduct is his pretence of acting solely with a view to _B.'s_ own good; and that, on the other hand, no manner of enforcing _A.'s_ claims against _B._ causes so little unnecessary vexation to _B._ as for _A._ to say openly that he demands his rights because they are his rights, and because to demand them is his interest. Here, if nowhere else, the rules which apply to private disputes apply also to political controversies. If millions of Englishmen refuse a request made by millions of Irishmen, by far the least irritating form of refusal is open avowal that the reason for denying a separate Parliament to Ireland is the irreparable injury which Home Rule will work both to Great Britain and to the British Empire. This assertion has the merit, which even in politics is not small, of truth. If the Parliamentary independence of Ireland threatened as little damage to England as the Parliamentary independence of Victoria, an Irish legislature would meet in Dublin before the end of the year. Englishmen, it is true, do not believe that Ireland would in the long run gain by the possession of legislative independence. It is not, however, the doubt as to the reality of the blessing to be conferred on Ireland, but the certainty as to the injury to be done to England, which causes their opposition to Home Rule. To base this opposition upon the probable inconsistency between a Home Rule policy and the true interests of Ireland, involves the assumption that Englishmen are better judges of what makes for the true interest of Ireland than are the majority of Irishmen. The soundness of this assumption must seem to any man, who either recalls the most obvious facts of Irish history, or notes the depth of ignorance as to all things Irish which prevails even among our educated classes, to be open to reasonable question. What is not questionable is that the assertion, in whatever form it be made, that three millions of Irishmen do not understand what is good for themselves must arouse in their hearts deep and natural anger. If indeed the claim of Great Britain to look in this matter of Home Rule solely to the effect of Home Rule on British interests, were equivalent to the assertion that because England is strong she ought wherever her own interests are at stake to reck nothing of justice, such cynical scorn for all considerations except the possession of superior power would kindle just resentment in the soul of every man, whether in Ireland or in England, who believes that national morality is more than a mere phrase, though even in this case the open cynicism might excite less disgust than cynicism veiling itself under the mask of benevolence. Happily, however, there is in the present instance no opposition between truth and justice. Home Rule is no doubt primarily a scheme for the government of Ireland, but it is also much more than this: it is a plan for revolutionising the constitution of the whole United Kingdom. There is no unfairness, therefore, in insisting that the proposed change must not take place if it be adverse to the interests of Great Britain. This is merely to assert that the welfare of thirty millions of citizens must, if a conflict of interest arise, be preferred to the interest of five millions of citizens. Home Rulers, it must again and again be repeated, demand not the national independence of Ireland, but the maintenance of the connection between England and Ireland on terms different from the conditions contained in the Act of Union. To keep one's mind clear on this point is of importance, because the result follows that, as already intimated, a whole series of arguments or claims which may fairly be put forward by a Nationalist are not available to a Home Ruler. A Nationalist, for example, may urge that the will of the Irish people to be independent is decisive of their moral right to independence, and that the perils which a free Ireland may bring upon England need not in any way concern him or his country. Whether indeed the principle of "nationality," or the contention that any portion of a State which deems itself conscious of distinct national sentiment may, as a matter of absolute right, claim to become a separate nation, can be maintained, is an enquiry not so easily answered in the affirmative as is often assumed by modern democrats. What, however, is here insisted upon is not that the principle of nationality is unsound, but that this principle does not cover the demand for Home Rule. A Home Ruler asks not for the political separation, but for the political partnership of England and Ireland. He wishes not that the firm should be dissolved, but that the Articles of Association should be revised. There is not then the least unfairness in the answer that no modification can be allowed which in the judgment of his associates is fatal to the prosperity of the concern. To crowds excited by pictures of past greatness or of past struggles, by the hope of future prosperity to be brought about by miracles wrought by substituting the rule of love for the rule of law, there may appear to be something prosaic, not to say repulsive, in the comparison of the relation between Great Britain and Ireland to the relation between shareholders in a trading company. But at a period when a fundamental change in the constitution is advocated on grounds of faith, benevolence, or generosity, a good deal is gained by bringing into relief the business aspect of constitutional reforms. It can never be amiss to be reminded that, in the words of one of the most thoughtful among the advocates of Home Rule, "Government is a very practical business, and that those succeed best in it who bring least of sentiment or enthusiasm to the conduct of their affairs." It is at moments of revolutionary fervour, when men measure proposed policies rather by their wishes than by their experience, that every citizen needs to have impressed upon his mind that government and legislation are matters of reason and judgment, and not of inclination. Nor let any one imagine that the expression of the belief constantly avowed or implied throughout these pages, that Home Rule would be as great an evil to England as Irish independence, shows a reckless and most unbusinesslike indifference to the perils and losses of separation. My conviction is unalterable that separation would be to England, as also to Ireland, a gigantic evil. This position is fully compatible with the belief that there are other evils as great, or greater. If a man says that he prefers the loss of his right hand to the loss of his life, he cannot reasonably be charged with making light of amputation. It is however perfectly true that the line of argument pursued in this work must, if it be sound, drive those to whom it is addressed to a choice between the maintenance of the Union and the concession to Ireland of national independence. FOOTNOTES: [1] These are-- i. Home Rule as Federalism. ii. Home Rule as Colonial Independence. iii. Home Rule as the Restoration of Grattan's Constitution. iv. Home Rule under the Government of Ireland Bill, or, to use a convenient name, under the Gladstonian constitution. Chap. vii. CHAPTER II. MEANING OF HOME RULE. "Home Rule" is a term which, like all current and popular phrases, is, though intelligible, wanting in precision. Hence it is well, before we investigate the different forms which schemes of Home Rule may assume, to fix in our minds precisely what Home Rule does mean and what it does not mean. [Sidenote: What Home Rule means.] "Home Rule"--or, to speak more accurately, the policy of Home Rule--means, if we may use language with which we are all familiar in relation to the Colonies, the endowment of Ireland with representative institutions and responsible government. It means, therefore, the creation of an Irish Parliament which shall have legislative authority in matters of Irish concern, and of an Irish executive responsible (in general) for its acts to the Irish Parliament or the Irish people. Hence every scheme of Home Rule which merits that name is marked by three features--_first_, the creation of an Irish Parliament; _secondly_, the right of the Irish Parliament to legislate within its own sphere (however that sphere may be defined) with habitual freedom from the control of the Imperial or British Parliament; and _thirdly_, the habitual responsibility of the Irish executive for its acts to the Irish people or to their representatives. These three characteristics, which I do not attempt to define with anything like logical precision, constitute the essence of Home Rule. Other things, however important in themselves, are matters of subordinate detail, and open to discussion or compromise. The limitations to the sphere within which the Irish Parliament is to exert independent authority, the definition of the term "Irish concerns," the constitution of the Irish Parliament, the nature and appointment of the Irish executive (which, though it is no doubt generally assumed to be a Cabinet chosen in effect like the Victorian Ministry, by the local Parliament, might well, and indeed far better, be a President or Council elected, like the Governor of New York, by popular vote), the occasions on which the British Parliament should retain the legal or moral right of legislation for Ireland--these and a score of other subjects which at once suggest themselves to a critic of constitutions are of supreme importance, but in whatever way they may be determined, they do not touch the principle of Home Rule. A scheme, on the other hand, however wise its provisions, which lacked the essential characteristics already enumerated, would not meet the demand for Home Rule; an Act which did not constitute a Parliament for Ireland could not possibly satisfy the sentiment of Irish nationality; an Irish Parliament which did not habitually, at any rate, legislate with independence of the Parliament at Westminster could not divest the law in Ireland of its "foreign garb"; an executive not responsible directly or indirectly to the Irish people could not give full effect to the legislation of an Irish Parliament, and the existence of such an executive would (if the true ground why law is hated in Ireland be its alien character) only divert popular hostility from the law to the government. [Sidenote: What Home Rule does not mean.] Home Rule does not mean Local Self-Government; Home Rule does not mean National Independence. Local Self-Government means the delegation by the Sovereign, and in England therefore by Parliament, to local bodies, say town councils, county boards, vestries, and the like, of strictly subordinate powers of legislation for definite localities. The authority possessed by such local bodies extends over definite and limited areas, (which themselves are often created by legislation); exists for definite purposes; is directly conferred or tolerated by Parliament; has no capacity of indefinite extension; and neither comes into competition with nor restrains, either legally or morally, the legislative authority of Parliament. Logically, indeed, there may be difficulty in drawing the precise line of demarcation between a plan for conferring on Ireland the minimum of legislative independence which could without absurdity be dignified with the name of Home Rule, and a plan for giving to the boroughs and counties of Ireland the maximum of law-making power which could, without fraud upon the intelligence of the English people, be comprehended within the elastic phrase "extension of Local Self-Government." But this logical puzzle need give us no trouble; it is based on the fact that every non-sovereign law-making body, whether it be the French National Assembly, the American Congress, or the London, Chatham and Dover Railway Co., belongs to one and the same genus.[2] The casuists of jurisprudence may quibble for ever over the confines between Home Rule and Local Self-Government; men of sense engaged in the consideration of affairs thrust aside such inopportune logomachy, and content themselves with the knowledge that were the Town Council, say, of Birmingham or of Belfast endowed with tenfold its present powers, it would differ essentially from any Irish Parliament which, even though denied the Parliamentary title, should represent the people of Ireland, and should have received the very smallest amount of authority which could by any possibility satisfy Mr. Parnell. Nor are differences which may not admit of easy definition difficult for a candid enquirer to discern. A town council, whatever its powers, does not represent a nation, and derives no prestige from the principle of nationality; the feeblest legislative assembly meeting at Dublin would rightly claim to speak for the Irish people. A town council, whether of Birmingham or of Belfast, springs from and is kept alive by the will of Parliament, and cannot pretend that its powers, however extensive, compete with the authority of its creator. Should a town council use even its strictly legal rights in a way not conducive to the public interest, Parliament would without scruple override the bye-laws of the council by the force of Parliamentary enactment. The authority of an Irish representative assembly would from the necessity of things be, if not a legal, at any rate a moral check, I will not say on Parliamentary sovereignty, but assuredly on Parliamentary legislation. Extended rights of self-government, though given to every local body in Ireland, would not affect the relation between the people of Ireland and the Parliament at Westminster. The very aim of Home Rule, even under its least pretentious form, is to introduce a new relation between the people of Ireland and the Parliament at Westminster. The matter may be summed up in one phrase: Local Self-Government however extended means the delegation, Home Rule however curtailed means the surrender, of Parliamentary authority. [Sidenote: Local Self-Government.] The distinction here insisted upon is of practical importance, for it is connected with a question so pressing as to excuse an apparent, though not more than an apparent, digression. English Radicals, and many politicians who are not Radicals, hold, whether rightly or not, that the sphere of Local Self-Government may with benefit to the nation be greatly extended in England. The soundness of this view in no way concerns us, and it is a matter upon which there is no reason, for our present purpose, to form or express an opinion; they also hope that by a similar extension of Local Self-Government to Ireland they may satisfy the demand for Home Rule. They conceive, in short, that it is possible to confer a substantial benefit upon the Irish people, and to close a dangerous agitation, by giving to Belfast and to Cork the same municipal privileges which they wish to extend to Birmingham or to Liverpool. The reasons for this belief are threefold: that Local Self-Government is itself a benefit; that Ireland ought, as of right, to have the same institutions as England; that Local or Municipal Self-Government will meet the real if not the nominal wish of the Irish people. This hope I believe to be delusive. The reasons on which it is grounded are--one of them probably, and two of them certainly--unsound. Local Self-Government is one of those arrangements which, like most political institutions, cannot be called absolutely good or bad. It is a good thing, I suppose, at Birmingham, and was some fifty years ago a good thing in Massachusetts, and it may prove (though this is speculation) a good thing in an English county. Local Self-Government is not admirable at New York; it works less well than it once did in New England; it does not produce very happy effects in London parishes; we may well doubt whether it be really suited for modern France. Local Self-Government where it flourishes is quite as much a result as a cause of a happy social condition; the eulogies bestowed upon it contain a curious mixture of truth and falsehood. What is true is, that where self-government flourishes, society is in a sound state; what is false is, that Local Self-Government produces a sound state of society. The primary condition necessary for the success of self-government is harmony between different classes. The rich must be the guides of the poor, the poor must put trust in the rich. Men who are placed above corruption must interest themselves in the laborious but important details of local administration; men who might be corrupted themselves, must desire to place power in the hands of leaders who are as a class incorruptible. High public spirit, a detestation of jobbery, trust and goodwill between rich and poor, are the feelings which make good local or municipal government possible. There are certain parts of England, there are larger parts of the United States, where these admirable and rare conditions exist. Do they exist in Ireland? I need not answer the question, for if they existed our difficulties in Ireland would be at an end. If, indeed, there were a genuine desire for Local Self-Government, expressed by Irishmen themselves, every sensible man would at once surrender _à priori_ theories in favour of the conclusions drawn by practical experience. But no such wish has been expressed, and until it is expressed, a thoughtful observer may fairly believe that Local Self-Government will not flourish in a country where are presented none of the conditions on which its prosperity depends, and he may conjecture that in Ireland, as in France, an honest centralised administration of impartial officials, and not Local Self-Government, would best meet the real wants of the people.[3] The notion that Ireland or any one part of the United Kingdom ought, or has a claim, to have the same institutions as every other part rests on a confusion of ideas, and is a false deduction from democratic principles. It is founded on the feeling which has caused half the errors of democracy, that a fraction of a nation has a right to speak with the authority of the whole, and that the right of each portion of the people to make its wishes heard involves the right to have them granted. This delusion has once and again made Paris the ruler of France, and the Parisian mob the master of Paris. The sound principle of democratic government--and England must, under the present state of things, be ruled on democratic principles--is, that all parts of the country must be governed in the way which the whole of the State as represented by the majority thereof deems expedient for each part, and that while every part should be allowed a voice to make known its wants, the decision how these wants are to be met must be given by the whole State, that is (in the particular instance) by the majority of the electors of Great Britain and Ireland. From this principle it does not follow either that every part of the kingdom should have those institutions which that part prefers, (though in so far as this end can be attained its attainment is desirable,) or, still less, that every part of the kingdom should have the same institutions as every other part. That this is so everybody in a general way admits. No one supposes that because the people of Leicester abominate vaccination the Vaccination Acts are not to be extended to that borough, or that the wish of the people of Birmingham in favour of free schools is decisive in favour of making education in Birmingham gratuitous. The will of a locality is admitted not to be the expression of the will of the nation. No one, again, fancies that the legal institutions of England ought of necessity to be extended to Scotland, or the law of Scotland to England. In Ireland recent legislation has, and with general approval, established institutions which no one alleges must, because they exist in Ireland, be applied of necessity or as a matter of justice to England. English tenants might in many cases, it is likely enough, think the provisions of the Irish Land Acts a boon, but no one would listen to the argument that simply because under the special circumstances of Ireland special privileges are given to Irish tenants, similar privileges ought to be conferred upon every English tenant farmer. The idea therefore that because English boroughs or counties receive an increased measure of self-government the same measure ought to be extended to Ireland, though it sounds plausible, is neither conformable to democratic principle nor to our habitual practice, grounded as that practice is on considerations of common sense and expediency. The true watchwords which should guide English democrats in their dealings with Ireland, as in truth with every other part of the United Kingdom, are not "equality," "similarity," and "simultaneity," but "unity of government," "equality of political rights," "diversity of institutions." Unless English democrats see this they will commit a double fault: they will not in reality deal with Ireland as with England, for to deal with societies in essentially different conditions in the same manner is in truth to treat them differently; they will not--and this is of even more importance--perform the true function of the democracy, which is to remove by special legislation, mainly in a democratic direction, the peculiar evils which are the result of Ireland's peculiar and calamitous history. Once realise that Local Self-Government is essentially different from Home Rule, and it becomes patent that the idea of satisfying the wish for Home Rule by increasing the municipal franchises of every township in Ireland is a dangerous delusion. Local Self-Government may be an excellent thing in its way--it is possibly (though I do not say it is) the thing which the inhabitants of Ireland ought to wish for; but it is not the thing which they do wish for, and it has not the qualities which, if Home Rule be really desired by the Irish people, make Home Rule desirable. It does not meet the feeling of nationality; it does not give the popular leaders authority to settle the land question; it does not free the law from its alien aspect. The very reasons which make English reformers favour the extension of Local Self-Government in Ireland prove that Local Self-Government, whatever its merits, is no substitute for Parliamentary independence. Englishmen recommend Local Self-Government because it does not check on the authority of the Imperial Parliament; Home Rulers desire Home Rule because it does check Imperial legislation. Brandy is good, and water is good; but when a neighbour asks for a glass of spirits, it is mockery to tender a glass of water on the ground that both spirits and water are drink. The benevolent person who makes the offer must not wonder if he receives no thanks. [Sidenote: National Independence.] Home Rule does not mean National Independence. This proposition needs no elaboration. Any plan of Home Rule whatever implies that there are spheres of national life in which Ireland is not to act with the freedom of an independent State. Mr. Parnell and his followers accept in principle Mr.
{'title': "England's Case Against Home Rule by A. V. Dicey", 'source': 'Project Gutenberg', 'lang': 'en'}