England's Case Against Home Rule

nts suspending the operation of the ordinary law, and conflicting therefore with the principles of the English C

ained in Ireland, and Coercion Acts must no longer be passed, the English democracy must surrender the duty of maintaining the law into the han

tic

ality to object to law itself, or in effect to the existence of political society. The temptation to cut down a popular delusion by some such summary criticism as this is great, but it is a temptation which at all costs must be resisted. Vague ideas, which have obtained general currency, are, in spite of their inaccuracy, the outgrowth for the most part of reasonable feeling. Whoever wishes to

is more vague and misleading than the word "Coercion" when applied to eve

hough closely connected ideas which the lax

f who gives effect to the rights of an Irish landlord, are in popular estimation proceedings which according to the nature of the law put in force are stigmatised as persecution or Coercion. They certainly differ from the compulsion by which common debtors are compelled to pay their debts, or thieves are prevented from picking pockets or breaking into houses. The difference lies in this. Where the enforcement of the law is called "Coercion," not only does the criminal think himself in the right, or at any rate think the law a wrongful law, but also the society to which he bel

spension of the Habeas Corpus Act, the abolition of trial by jury, the introduction of peculiar rules of evidence to facilitate convictions for a particular class of crimes, a su

ive three-fourths of their force not from the fears of law-breakers, but from the assent of law-keepers; and legislation should, as a rule, correspond with the moral sentiment of the people. The maxim quid leges sine moribus, though it should always be balanced by the equally important maxim quid mores sine legibus, is one which no legislator dares neglect with impunity, and a law permanently at variance with wide moral feeling needs repeal or modification. It is also true that exceptional and arbitrary legislation is, simply because it is exceptional and arbitrary, open to suspicion. If it be desirable that personal liberty should be protected by the writ of Habeas Corpus, a susp

o-called Coercion Acts may and ought to be greatly mitigated by caref

deeds in themselves condemned by the human conscience. Deliberate breaches of contract, insults to women and children, the murder or torture of witnesses who have given truthful evidence in support of a conviction for crime, brutal cruelty to cattle, may be methods of popular vengeance, or the sanctions which enforce an agraria

d as far as possible be neither a temporar

It were the strangest anomaly for the law to sanction a mode of procedure which convicts a dynamiter in Dublin, and not to give the Government the same means for the conviction of the same criminal for the same offence if he has crossed to Liverpool. The principle forbidding exceptional or extraordinary legislation suggests that Coercion Acts should in the main give new stringency to the criminal procedure, and should not invade the liberties of ordinary citizens. The object of a Coercion Act is to facilitate the punishment of wrongdoers, not to restrict the liberty of citizens who have not broken the law. This is a point legislators are apt to neglect. The distinction insisted upon will be understood by any one who compares the Act for the Better Protection of Person and Property in Ireland, 44 Vict. c. 4, of 1881, with the Prevention of Crime (Ireland) Act, 1882, 45 & 46 Vic

in circumstances of trying criminals without the intervention of a jury; to organise much more thoroughly than it is organised at present in England the whole system of criminal prosecutions; to enable the executive to prohibit public meetings which might provoke a breach of the peace, would in many cases be an improvement on the criminal law of England itself, and would in several instances be simply an extension to the whole United Kingdom of laws which exist without exciting any disapproval in some one division of it.[26] Without special experience it would be presumptuous to assert that these or similar changes in criminal procedure would suffice for the enforcement of the law in

o reason for not punishing smugglers, though the existence of smuggling gave good ground for considering whether the customs law did not require revision. There seems to the thoughtless crowd-whether rich or poor, and all men are thoughtless about most things, and many men about all things-to be a certain inconsistency between reform and coercion; there is something absurd in the policy of "cuffs and kisses." But the inconsistency or absurdity is only apparent. The necessity for carrying through by legal means an agrarian revolution-and the passing of the Irish Land Act was in effect an admission by the English Parliament, that this necessity exists-is a solid reason for the strict enforcement of justice. Reform tends, as its immediate result, to produce lawlessness. A wise drive