A Leap in the Dark

Ireland, will do well to divert his attention from the numerous details of the Home Rule Bill, important

se

macy of the Impe

the Irish members in the

t, in which term is here included both the

nown as the safeguards) and the obligat

l; everything else, however important i

y of the Imperi

rity of Parliament'; and in clause 33, apparently27 assumes the right of the Imperial Parliament after the

ore maintains the supremacy

upreme authority,' 'supremacy,' or 'sovereign

less this ambiguity is cleared up, the effect of the Home Rule Bill

ture. If this were the meaning of the expression, the Imperial Parliament would, after the passing of the Home Rule Bill, as before, be as truly supreme in Ireland as in England, in Scotland, in the Isle of Man, or in Jersey. The Irish Executive and the Irish Parliament would, of course, be bodies possessing large-and it might be very dangerous-delegated powers, but they would stand in the same relation to the Imperial Parliament as does the London County Council, whic

ally, by the repeal of the New Zealand Constitution Act, 1852, 15 & 16 Vict. c. 72, to abolish the constitution of New Zealand altogether. But these things Parliament will not, and to speak truly cannot, do in New Zealand. The inhabitants of New Zealand possess as regards their internal affairs for practical purposes complete independence. They are governed from Wellington, they are not governed from Westminster. If in short the supremacy of Parliament means under the Home Rule Bill in Ireland what it means under 15 & 16 Vict. c. 72 in New Zealand, the inhabitants of Ireland will, when the Home Rule Bill passes into law, be governed from Dublin, they will not be governed from Westminster. Every Irish Home Ruler, be he Parnellite or Anti-Parnellite,29 believes that the supremacy of Parliament is intended to mean in Ireland what it means in New Zealand, and the Irish Home Rulers are right. Any one will see that this is so who reflects on the meaning of the policy of Home Rule, who studies the authoritative utterances of Gladstonian leaders, such as Mr. Gladstone30 himself, Mr. Asquith,31 or Mr. Bryce.32 Gladstonian statesmen wrap up their meaning in vague generalities; they insist, and in one sense with truth, that the sovereignty of Parliament is reserved. They do not wish to alarm their English followers. It is possible that they conceal even from themselves how completely the Imperial Ministry and Parliament surrender the practical government of Ireland into the han

reservation of sovereign authority means something, but it does not mean much. It does not mean the power or the right to gove

ak.34 This natural supremacy will, if the interests of Great Britain require it, be enforced by armies, by ironclads, by blockades, by hostile tariffs, by all the means through which national predominance can make itself felt. All reference to superior power is, in controversies between citizens, hateful to every man endowed with a sense of humanity or of justice. But in serious discussions facts must be faced, and if, for the sake of argument, I contrast, much against m

ite of the wishes of the Irish people or a large portion thereof, to abolish Home Rule and exercise the right of reserved sovereignty, there is no reason to expect that Irishmen who oppose British policy will admit that her use of sovereign power is morally justifiable. By force, or the threat of force, the controversy will, we must expect, in the last instance, be decided. However this may be, we must now realise what the supr

Ireland which the contracting parties construe from the very beginning in different senses. If by asserting the supreme authority of Parliament English statesmen mean that Parliament reserves the right to supervise and control the government of Ireland, whilst Irishmen understand that Parliament retains nothing more than such a kind of supremacy or sovereignty as it asserts, rather than exercises, in New Zealand, then we are entering into a doubtful contract which lays the sure basis of a quarrel. We are deliberately preparing the ground

t Britain pays a heavy price. For the sake of 'an outward and visible sign of

he Irish Members in t

ssion of Home Rule to Ireland. In 1893 every Gladstonian leader tells us that it is desirable, politic, and just to retain the Irish members at Westminster, and their presence is, for some reason not easy to explain, treated as removing every objection to the concession of Home Rule to Ireland. This astounding variation of opinion in the doctors of the State savours of empiricism, not to say quackery. A surgeon who tells a pa

weighs the matter without reference to considerations of party, one thing will soon become apparent: the retention at Westminster o

inster robs Ireland of the one advantage which Home R

er favourable circumstances be the benefit of Home Rule to Ireland, and next what

ted the genius and the virtues of the French nation. We all know that Ireland abounds in citizens of a very different stamp. She has never lacked among her sons, and does not lack now, men of virtue, of vigour, and of genius. Throughout the length and breadth of the country you will find hundreds of men of merit-landlords whose lives have been honourable to themselves, and a blessing to their tenants; merchants as honest and successful as any in England or in Scotland; small landowners and tenant farmers who have paid their rent and paid their way, who have cultivated their land, who have never insulted or boycotted their neighbours, and have never been driven by intimidation into meanness and fraud. Add to these lawyers, thinkers, writers, and scholars, who rival or excel the best representatives of their class in other parts of the United Kingdom. These good men and true are not peculiar to any one creed or party; they are not confined to any one province, or to any one class; they are scattered through every part of the

se both the interest and the passions of the Irish people. We may take it for granted that the character of the Irish representation at Westminster will govern the character of the Parliament at Dublin.39 Hence arises a third and fatal obstacle to the active participation in Irish public life of Irishmen who are not professional politicians. The Home Rule Bill of 1893 professes to restrain on every side the action of the Irish government and Parliament. These Restrictions are the comfort of English Gladstonians; they are thought to be safeguards, though in reality there is nothing which they make safe. But Restrictions which delight Gladstonians are hateful to Irish Home Rulers. Their watchword is, 'Ireland a nation.' To this cry every Home Ruler will rally, and so too will, if once the Union is broken up, many an ardent loyalist, converted by anger at England's treachery into an extreme Nationalist. Irishmen will wish for an Irish army; they will wish for a protective policy; they will desire that Ireland shall play a part in foreign affairs, and will claim for her at least the independence of such a colony as New Zealand. To all these wishes, and to many more, some of which under a system of Home Rule are quite reasonable, the terms of the Home Rule Bill are opposed. Home Rulers, and probably enough the whole Irish people, will insist that the Bill, which will then have become an Act, must be modified. How is the modification to be obtained? How is Home Rule to be made a reality? By one method only: that is, by the freest use of those

o be it. But in this matter my predictions have a special claim on the attention of the Ministry

embers to Westminster for Imperial purposes to the number of forty-five or to the number of ninety-five, you must mark out a third set of constituencies-you must have a third set of elections. A system of that kind does not strike me at least as being exactly the thing for a country of which we are assured that before everything else its prime want is a profound respite from political turmoil. There are plenty of other objections from the Irish point of view, which I am not now going to dwell upon. Depend upon it that an Irish Legislature will not be up

then, as now, responsible for the government of Ireland. Nothing can add to their gravity; nothing ca

ead of the Irish government, and England, though vitally interested in the character of the Irish Executive, is not to say a word in the matter, eighty Irishmen are to help in determining, and are often actually to determine, whether Lord Salisbury or Mr. Gladstone, Mr. Balfour or Mr. Chamberlain, is t

gislative business, and of the rise and fall of British Administrations. You will have weakened by the withdrawal of able men the Legislature of Dublin, and you will have demoralized the Legislature at Westminster. We know very well what that demoralisation means, for I beg you to mark attentively the use to which the Irish members would inevitably put their votes-inevitably and naturally. Those who make most of the retention of the Irish members at Westminster are also those who make most of there being what they call a real and effective and a freely and constantly exercised veto at Westminster upon the doings at Dublin. You see the position. A legislative body in Dublin passes a Bill. The idea is that that Bill is to lie upon the table of the two Houses of Parliament in London for forty days-forty days in the wilderness. What does that mean? It means this, that every question that had been fought out in Ireland would be fought out over again by the Irish members in our Parliament. I

e address forms part of the Unionist argument against summoning as much as a single Irish member to Westminster. His language is admirable, it cannot be improved. All that any one who agree

ish vote will depend whether Conservatives, Liberals, Radicals, or Socialists shall administer the government of England. It is vain to tell us Irish members will be restrained, whether

the Irish delegation is that the English Government should be weak, and represent the minority of English electors. That this is so is obvious. The weaker the British Government, the greater the weight of the Irish representatives. But if the English Cabinet represents a minority of the British people, and are kept in office only by the votes of their Irish allies, then the influence of the Irish representatives and the weakness of the English Government will have reac

constitution of two majorities, and it is more than possible that the one majority may belong to one party and the other majority to another. Look at the effect on the transaction of public affairs. The Irish members and the English Liberals combined may put in office a Liberal Cabinet. On English matters, e.g. the question of Disestablishment, or of Home Rule for Wales, the British majority consisting of British members of Parliame

ted Kingdom, represents the country as a whole. Our Premier may be a Scotsman, but we know of no such thing as a Scottish Premier. Englishmen may form the majority of the Cabinet, but we have never had an English Cabinet as contrasted with a Scottish or an Irish Cabinet. It has never been contended, hardly has it been hinte

mong his supporters without reference to the now irrelevant question whether they represent English, Scottish, or Irish constituencies. The character of the Executive will be lowered because the Cabinet itself will represent rival interests. It may seem that I am advocating the special claims of England. This is not so. I am arguing on behalf of the efficiency of the government of the United Kingdom. My argument is one to which Scotsmen and Irishmen should give special h

Westminster the English Parliament will nev

ing to resist the Irish government, if Irish landlords, rightly or not, fear unfair treatment at the hands of the Irish Ministry or the Irish Parliament, none of these things will be heard of at Westminster? The supposition is incredible. Let Irish members sit at Westminster and Irish affairs will be debated at Westminster, and will often be debated when, under a system of Home Rule, it were much better they should be passed over in silence. Admit, what is not certain, that Home Rule in Ireland will occasionally withdraw a few Irish questions from discussion in England, it must be remembe

s whereof were so patent in 1886 that it then could not, if we are to beli

ishmen will on consideration think it worth while to dislocate all our system of government in order that the British Parliament may retain in Ireland the kind of sovereignty which it retains in New Zealand. W

t Britain will be allowed the excl

urns out however to be as illusory a blessing

upon any subject debated in the Parliament at Westminster which involves the fate of a British Cabinet. Let it be granted that, if the provisions of the Home Rule Bill be observed, no Irish representative can vote 'on any Bill, or motion in relation thereto, the operation of which Bill or motion is confined to Great Britain.'49 But then when is the operation of a Bill confined to Great Britain, or, to use popular language, what is a British Bill? This is an inquiry in the decision whereof the Irish members will take part. The Irish members, therefore, at Westminster will be judges of their own rights, and in the only cases in which it is of practical importance to Great Britain that the Irish representatives

assions. It often unites the self-sacrificing zealotry of religious fanaticism with the recklessness of the gambling table. Let an assailant of the Contagious Diseases Act, a fanatic for temperance, a protectionist who believes that free trade is the ruin of the country, an anti-vivisectionist who holds that any painful experiment on live animals is the most heinous of sins; let any man who has come to believe that his own credit, no less than the salvation of the country, depends on the succe

meaning. Let a Bill be brought forward for establishing Home Rule in Wales. Is the operation of the Bill confined to Great Britain? An English member, unless he is a Home Ruler, will answer with an undoubted affirmative. An English, or Irish, or Welsh Home Ruler will with equal certainty, and equal honesty, give a negative answer. The question admits of fair debate, but we know already how the debate will be decided. If the Unionists constitute a majority of the House, the Irish vote will be excluded. But in this case its exclusion is of no practical importance. If the Unionists constitute indeed a majority of British representatives, b

his modified half-and-half Home

It is a cure in that sense only in which a traveller may be said to be relieved from the fear of robbery by a highwayman shooting him dead. The irregular interference of the Irish delegation in the formation of the British Cabinet, and other matters which indirectly concern England, is to be regularised (if I may use the term) by allowing to Irish members permanent despotism over England in matters which, on a system of Home Rule, concern England alone. Irish members may disestablish the Church of England, though England is to have no voice in the pettiest of Irish affairs. Irish members are to be allowed to impose taxes on England, say to double the income tax, though of these taxes no inhabitant of Ireland will pay a penny; the Irish delegation-and this is the worst grie

e United Kingdom into two States, it is as essential as it is painful to weigh well what is the gain of Great Britain in the new scheme of political partnership. If the matter be looked at from this point of view, it is easy to see how

he Irish Executive. The British Parliament, whenever it thought fit, legislated for Ireland; the British Parliament controlled the whole course of Irish legislation; every Act which passed the Parliament of Ireland was inspected, amended, and, if the English Ministry saw fit, vetoed in England

e British Parliament renounced all rights to legislate for Ireland52; the British Parliament technically possessed no representatives in the Parliament at Dublin. But any one who judges of institutions not by words but by facts will perceive that in one way or another the influence and the wishes of the British Government were represented more than sufficiently in the Irish Houses of Parliament. Grattan's constitution, in short, left the British P

nt shared the principles or the prejudices of English landowners. Since the granting of Catholic emancipation Roman Catholic or Irish ideas or interests have undoubtedly perplexed or encumbered the working of British politics. But the representatives of Ireland have been for the most part divided between the two great English parties, and it was not till Mr. Parnell's influence united the m

nd and Ireland. Under the constitution of 1886 Great Britain surrendered to Ireland about the same amount of independence as is offered

Great Britain was offered a pos

ish, colonial, Imperial, and foreign affairs. Perfect unity was restored to the spirit of her government, and predominance in the British, or, to use ordinary language, in the English, Parliament was

ent of the Empire, and the further dismemberment of Great Britain without the assent of the British people became difficult, if not impossible. It does not lie in the mouth of Gladstonians to say that the measure of 1886 was unjust. It was laid before the country as a compromise which was just to England and to Ireland. The Irish leaders, we were told, accept

h as she has never occupied during the whole course of her history. What is the meaning or justification o

Gladstonians assi

t Westminster is, it is said, a con

t turn upon the neatness of a tu quoque; retorts are not reasons, and had every Unionist, down from the Duke of Devonshire to the present writer, pressed in 1886 for the retention of the Irish members at Westminster, the controversial inexpertness of the Unionists seven year

, I doubt not, delivered in which the argument that you could not, as the Bill stood, remove the Irish members from Westminster and keep the British Parliament supreme in Ireland, was driven so far as to sound like an argument in favour of, at all costs, allowing members from Ireland to sit in the English Parliament. Those who appeared to fall into this error were, it must be noted, but a fraction of the Unionist Party, and their mistake was little more than verbal. When the Ministry maintained that the removal of the Irish members from Westminster was a main feature of their Home Rule policy, opponents naturally insisted upon the defects of the scheme laid before them, and did not insist on the equal or greater defects of a plan which the Government did not advocate. Mr. Gladstone, we are now told, has changed his position, and assents to the principle that Ireland must be represented in the British Parliament. If this assent be represented as a concession to the demands of Unionists, my reply is that it is no such thing. It is merely the acc

o Gladstonian, except Mr. Gladstone (if indeed he were an exception), knew whether the retention in the Parliament at Westm

aused by the Irish vote at Westminster; and she may well, under a system of Hom

dministration and directs the course of political promotion in Ireland. The sentiment and the interest of the Irish members will be changed. Whether they come from North or South they will be representatives of Ireland, and will naturally and rightly consider themselves agents bound in every case to make the best bargain they can for Ireland as against the United Kingdom, or, in plain language, as against England. They will no longer feel it their interest to keep in power the English party which they think will best govern Ireland, for with the government of Ireland the Imperial Parliament will, as long as the new constitution stands, have no practical concern. No honest Home Ruler supposes that, if the Home Rule Bill passes into law, the Imperial Parliament will, even should the tragedy of the Phoenix Park be repeated in some more terrible form, pass a Crimes Act for Ireland; to the Irish Government will belong the punishment of Irish crime. No interest will therefore restrain the Irish delegation from swaying backwards and forwards between the two English parties, in

ey tenfold stronger than they are, could not remove the flagrant contradicti

which cannot be remo

Scottish, Home Rulers, the London Socialists, all the revolutionists throughout the country, know that with the departure of the Irish representatives from Westminster their own hopes of triumph must be indefinitely postponed. England is the stronghold of British conservatism, and an arrangement which leaves the fate of England in the hands

s of the Iri

Irish E

gh not in name, by the Irish Parliament, or rather by the Irish Legislative Assembly, or House of Commons, just as the English Cabinet is appointed in effect by the English House of Commons. Allowing then for the occasional intervention of the Lord Lieutenant as the representative of the Imperial Parliament to protect either the interests of the Empire or t

imary importance. The creation of an independent Irish Cabinet or Ministry is taken as a matter of course, and neither Unionists nor Gladstonians see its full import. Yet in Ireland, as elsewhere, the c

ation is more widely extended than with us, and what is true of every civilised country is truest of all of Ireland. Ireland is a country where the sphere of the administration is large, and where it will probably be increased. Ireland is divided by hostile factions not too much prone to respect the law. Even as things stand, the Irish Executive finds it hard enough to hold a perfectly even and level course, and the whole state of the country depends upon the spirit in which the law is enforced. One of the very gravest defects of our present system is that in Ireland a change of government means, to a certain extent, a change in the administration of the law. Yet both Mr. Balfour and Mr. Morley have enforced the law, and have meant, according to their lights, to act towards all citizens with equitable impartiality. And Mr. Balfour, Mr. Morley, or any statesman appointed by the Imperial Parliament, is likely to act with more fairness than at the present moment would any Executive chosen by any Irish Parliament. One thing, at any rate, is certain. An independent Irish Executive will possess immense power. It will be able by mere administrative action or inaction, without passing a single law which infringes any Restriction to be imposed by the Irish Government Act, 1893, to effect a revolution. Let us consider for a moment a few of the things which the Irish Cabinet might do if it chose. It might confine all political, administrative, or judicial appointments to Nationalists, and thus exclude Loyalists from all positions of public trust. It might place the Bench,59 the magistracy, the police wholly in the hands of Catholics; it might, by encouragement f athletic clubs where the Catholic population were trained to the use of arms, combined with the rigorous suppression of every Protestant association suspected, rightly or not, of preparing resistance to the Parliament at Dublin, bring about the arming of Catholic and the disarming of Protestant Ireland, and, at the same time, raise a force as formidable to England as an openly enrolled Irish army. But the mere inaction of the Executive might in many spheres produce greater results than active unfairness. The refusal of the police for the enforcement of evictions would abolish rent throughout the country. And the same result might be attained by a more moderate course. Irish Ministers might in practice draw a distinction between 'good' landlords and 'bad' landlords, and might grant the aid of the police for the collection of reasonable, though refusing it for the collection of excessive rents, and might at last magnanimously recognise the virtues of Mr. Smith-Barry, whilst passing a practical sentence of outlawry on Lord Clanricarde. Is there anything absurd or unreasonable in the supposition that a Ministry of Land Leaguers chosen by a Pa

ns of using force in Ireland for the maintenance of order, for the execution of the law, or for the maintenance of the authority of the Imperial Parliament. But this advantage is after all purchased at the price of placing the country under the rule of something very like two Executives. If the policy of the Iri

Irish Pa

, whilst acting within the limits of

he British Government will have no voice. The English Ministry are under the new constitution expected in many ways to co-operate with the Irish Ministry, yet it is quite conceivable that

s powers inserted in the Home Rule Bill should pass into law

c religion, or the public advocacy of Protestantism, practically impossible. The Irish House of Commons may take the decision of election petitions into its own hands, and members nominated by the priests may determine the proper limits of spiritual influence. Thus the party dominant at Dublin can, if they see fit, abolish all freedom of election; nor is this all that the Irish Parliament can accomplish in the way of ensuring the supremacy of an Irish party. After six years from the passing of the Home Rule Bill-let us say in the year 1900-the Irish Parliament can alter the qualification of the electors and the distribution of the members among the constituencies. Parliament can in fact introduce at once universal suffrage, and do everything which the ingenuity of partisanship can suggest for diminishing the represe

to prevent the reintroduction of Protection into Ireland by the payment of bounties; there is certainly nothing to prohibit the repeal or suspension of the Factory Acts, so that English manufacturers might be compelled to compete with Irish rivals who are freed from the limits imposed upon excessive labour by the humanity or the wisdom of England. The power of the Irish Parliament to pass laws which in the eyes of Englishmen are unwise or inequitable, is, it will be urged, an essential part of the policy of Home Rule. I admit that this is so. But this m

f the Irish people to establish a protective tariff; suppose that when England is engaged in a diplomatic, or an armed, contest with France, the Irish House of Commons resolves that Ireland sympathises with France, that Ireland disapproves of all alliance with Germany, that she has no interest in war, and wishes to stand neutral; or suppose that, taking another line, the Irish Parliament at the approach of hostilities resolves that t

hopes for rational expectations. What Englishmen should note, because they do not yet understand it, is that within the limits of the constitution the Irish Cabinet and the Irish Parliament possess and m

s (or Safeguards)

eir N

r of the Irish Legislature

lidates for example acts with respect to the Crown or the succession to the Crown, with respect to peace or war, with respect to the naval or military forces of the realm, with r

ed to prevent injustice to individuals, such as deprivation of life, liberty, or property without due process of law, denial of equal protection of the law, the taxing of private property without due

Courts on such expressions as 'due process of law,' 'just compensation,' and the like, and it is more than doubtful whether the so-called safeguards are so expressed as to carry out the intention of their authors, or, even in words, adequately to protect either the authority of the Imperial Parliament or the rights of individuals. But it is not my purpose to criticise the Restrictions,

Executive. The new constitution does not contain-from its nature it hardly could contain-a single safeguard against abuse of power by the Irish Ministry

ain no prohibition against the

or panic, and may be pardoned by the retrospective sympathy or partisanship of a terror-stricken or vindictive Legislature. Circumstances no doubt may arise in Ireland, as in other countries, under which the maintenance of order or the protection of life may excuse or require deviation from the strict rules of legality. But the question, whether these circumstances have arisen, will always be decided far more justly by the Parliament at Westminster than it can be decided by the Par

me Rule Bill goes, why the gaoler who kept Mr. William O'Brien in prison or the warders who attempted to pull off his breeches, should not be rendered legally liable to punishment for their offences against the unwritten law of Irish sedition. No such monstrosity of legal inequity will, it may be said, be produced. I admit this. But the very object of prohibitions is the prevention of outrageous injustice. The w

Irish Parliament do not contain any safeguard

ion. It gives the best guarantee which a constitution can give against the most insidious form of legislative unfairness; it embodies a doctrine which all legislatures are likely to neglect and which an Irish Parliament is more likely to neglect than any other legislature, for in Ireland there exist contracts which do not command popular approval, and the Imperial legislation of twenty years and more has taught the Irish people that agreem

arliament to respect the sanctity of a contract would be fatal to any remodelling of the Irish land law which tended towards the spoliation of landowners. Yet this very fact makes the matter all the more serious. That British statesmen should under these circumstances deliberately decline to insert an injunction to respect the sanctity of plighted good faith is much more than an omission. It amounts to the suggestion, almost to the approval, of legislative robbery; it is a proclamation that as against landlords, as against creditors, as against any unpopular class, the Imperial Parliament sanctions the violation of good faith. To the Irish Parliament the authors of the new constitution in effect say: 'You may raise no soldiers, you may not yourselves summon volunteers for the defence of your country, you shall not impose customs on foreign goods, and are therefore forbidden to follow a policy of protection approved of by every civilis

ir Enfo

ernment of Ireland, is of far less importance than are the means provided for their enf

liament within its proper sphere of legislative activity are two in

s there would be something highly amusing in the conduct of constitution-makers who, intending to provide against unconstitutional legislation on the part of the Irish Parliament, provide that the Irish

ish Parliament. Each power stands on the same footing, neither is meant for ordinary use; either is a means of legal revolution. The veto of the Crown means little in New Zealand; it will at best mean no more in Ireland; but in trut

nglish Privy Council75 may nullify the

It is the inveterate habit of our judges to deal with particular cases as they come before them, and with particular cases alone. They will find themselves greatly perplexed when they come to pronounce judgment upon abstract questions of law. This is not all. The proposed arrangement is as foreign to the spirit of American Federalism as it is to the spirit of English law. The Supreme Court of the United States never in strictness pronounces an Act either of Congress or of a State Legislature void. What the Court does is to treat it as void in the decision of a particular case. Tocqueville and other critics have directed special attention to th

mittee of the Privy Council, is under the new constitution con

or as one may say 'Federal,' judiciary, specially formed for the determin

ty thereto any legal proceedings in Ireland which inter alia 'touch any matter not within the power of the Irish Legislature, or touch any matter affected by a law which the Irish Legislature has not power to repeal or alter.'80 With the details of these arrangements I need not trouble my readers; the point to notice is that, whenever in any proceeding in Ireland the validity or constitutionality of an Irish Act can come into question, the matter may, at the wish of any party conce

e matter simply, the Restrictions imposed on the Irish Parliament depend for their

the decree of the Court. Of course if the Irish Ministry are bent on enforcing the judgment, if the Exchequer Court, whose judgment, it may be, has been overruled, is zealous in supporting the authority of the Privy Council, if the Irish people are filled with reverence for tribunals which are really English Courts, all will go well. But Mr. Gladstone himself cannot anticipate that novel constitutional machinery will work with ease, or that on the passing of the Home Rule Bill the disposition, the traditional feelings, and the sympathies of the Irish populace will be changed. Suppose that A is Lord Clanricarde; suppose that X is an evicted tenant. It is not common sense to believe that the judgment in his lordship's favour will as a matter of course take effect. At the present moment the Irish Courts, backed by the whole authority of the Imperial Government and the Irish Executive, often find a difficulty in enforcing their judgments. Will English Courts find it easy to give effect to a judgment in Ireland if the Irish Executive and its servants stand neutral or hostile? What if the Irish House of Commons turn out as unwilling that force should be used for enforcing the decree of the Privy Council as are some English Radicals that force shall be employed for the protection of f

not always been easily enforced even in the United States. Serious difficulties hamper the action of the Swiss federal authorities. Even in England enthusiasm or conviction occasionally triumphs over legality. English clergymen are at least as reasonable as excited politicians, yet Ritualists have not invariably submitted to the authority of the Privy Council. Why should Irishmen be more reasonable than other men? In Ireland we are trying an entirely n

ts real and visible sanction is the use of British soldiers? The plain truth is that arrangements for legally restraining the Irish Parliament within the due limits of its powers must be ineffectiv

of the new constitution depends on two presumptions. The one is that the Irish people are under no strong temptation to oppose the Restrictions or to throw of

se assumpti

of British interests or of individual freedom m

ality and independence which Home Rule, it is hoped, will appease or satisfy. They will be hateful therefore not only to that multitude who

. But English doctrine is not accepted in Germany, in France, in the United States, or in the British Colonies; why should Irishmen be wiser than the inhabitants of every civilised country, except England? The fact, in any case, cannot be altered that most Home Rulers are Protectionists, and that many of them desire Home Rule mainly because they desire Protection for Ireland. Yet Protection, at any rate in the form of a tariff, they cannot have.84 Take again the Restrictions imposed on the endowment of religion. All English Nonconformists, and many English Churchmen, hold these Restrictions to be in themselves politic and just. But the one strong reason for the

licy we are told of trust in the people, the limitations are dictated by distrust of the Irish people; Home Rule is to be granted in order that Irishmen m

ion and then agitation, the financial provisions contemplated by the Bill

lations are wrong, or that they are ruinous to Ireland or unfair to England. All this is for my present purpose immaterial. My aim is to insist that, in their very

were paid to the English treasury, the Imperial power would lose, but the Irish State would gain. Ireland would be delivered from a tax which will soon be called a tribute. If, moreover, Ireland continues to be treated as financially a part of the United Kingdom, then free smuggling, which is free trade, would make Ireland a free port, where might be landed untaxed the goods required by the whole United Kingdom. It is easy to see how the English

officers, and gaugers are never popular among a population of smugglers; they will not be the more beloved when every c

and, the English Government and the Irish Government, are brought into direct hostile collision. The rich English Government appears in the light of an imperious creditor the Irish Government stands in the position of a poverty-stricken debtor. Note, and this is the point which should be pressed home, that in all confederations the difficulty of exacting the money needed by the federal government from any state of the confederacy has been found all but insuperable. Study the history of the thirteen American colonies between the time of the acknowledgment of their independence by England

ertaxed and overburdened. She has claims for compensation. All the feelings or convictions which inspired hatred of Irish landlords are already being aroused with regard to the Imperial power. A campaign against tribute may become as popular as a campaign against rent. The two campaigns indeed have a close affinity; a large portion of the tribute is in reality payment in respect of rent, and the instalments which an Irish farmer pays to buy his land will, to him at any rate, appear rent or tribute payable to Great Britain. The rent or tribute will be collected under the new constitution by the Irish Government.89 No Irish Ministry will relish the position of collector. It would have been difficult for a landlord to collect rent after his agent had publicly announced that it was excessive

sh Cabinet might by mere inaction render the collection of rent impossible; they might, as I have already pointed out, give tacit encouragement to smuggling. If the people regarded a coastguard as an enemy, if he and his family were left severely alone, if he were often maltreated and occasionally shot, his position might be a difficult one, even if supported by the whole force of the state. But if smuggling were regarded as no crime, if the smuggler were looked upon as the patriot who deprived an alien power of a revenue to which England had no right, it is clear that nothing but the energetic support of all the central and local authorities in the country could give a revenue officer the remotest chance of victory in his contest with smugglers. But suppose the national government were apathetic, suppose that the Irish Ministry looked with favourable eye on the diminution of English revenue; suppo

be stopped by the British Government. Prussia at the period of her extreme weakness, and under the jealous eye of Napoleon, sent every Prussian throug

ugh the country and encourage throughout Ireland popular resistance to Imperial law. A profound observer has remarked that people do not reckon highly enough the importance at a revolutionary crisis of any show or appearance of legality.92 Revolution acquires new force when masked under the form of law. This is a point which Englishmen constantly overlook. They know the moral influence of leagues a

ish Government lies, under the ne

and far more effectively than now, coerce under ordinary circumstances any Ministry dis

Exchequer and asks for remission. Meanwhile the Irish House of Commons passes a resolution supporting the conduct of the Irish Government. The British Ministers are stern, and reject the request of the Irish Cabinet. The Cabinet at Dublin retire from office. No successors can be appointed wh

g Street. Every one knows how, under the supposed conditions, the affair will end. There will be a transaction of some sort, and we may be certain that such a transaction will be to the advantage of the Irish Government, and will weaken or discredit Imperial or English authority. We come round here to the root of the whole matter. Were the Restrictions on the power of the Irish Parliament real and easily enforceable, were the obligations imposed upon or undertaken by the Irish people obligations of which an English Ministry could at once compel the fulfilment, Restrictions and obligations alike would be rendere

of doing harm, they are none

the leading features o

haracteristics of true and effective power; it retains in fact in Ireland nothing more than the right to effect under the semblance of a legal proceeding a revolution which aft

Parliament is itself transformed into a strange cross between a

ne by the Government or the people of a self-governing colony. These Restrictions are ineffective to bind, but they are certain to gall, and if taken together with onerous financial obligations to Great Britain, which

d almost ensures the success of Ireland in any constitutional conflict. The presence of the Irish members at Westminster saves, or proclaims, the nominal sovereignty of the Imperial