England's Case Against Home Rule Part 3

The monstrosity of imposing Anglican Protestantism upon a people who had not reached the stage of development which is essential for even the understanding of Protestant dogma, and who if left to themselves would have adhered to Catholicism, conceals from us the strength of the pleas to be urged in excuse of a policy which to critics of the nineteenth century seems at least as absurd as it was iniquitous. Till towards the close of the seventeenth century all the best and wisest men of the most civilised nations in Europe, believed that the religion of a country was the concern of the Government, and that a king who neglected to enforce the "truth"--that is, his own theological beliefs--failed in his obligations to his subjects and incurred the displeasure of Heaven.

From this point of view the policy of the Tudors must appear to us as natural as to themselves it appeared wise and praiseworthy. That the people of England should have been ripe for Protestantism at a time when the people of Ireland had hardly risen to the level of Roman Catholicism was to each country a grievous misfortune. That English Protestants of the sixteenth and seventeenth centuries should in common with the whole Christian world have believed that the toleration of religious error was a sin, and should have acted on the belief, was a cause of immense calamities. But inevitable ignorance is not the same thing as wickedness.[14]

Fourthly,--To the same source as religious persecution are due the whole crop of difficulties connected with the tenure of land.

When James I. determined that the old Brehon law was to be abolished, and an appeal to the law of England to be brought within the reach of every Irishman, he and his ministers meant to introduce a beneficial reform. They hoped that out of the old tribal customs a regular system of landowning according to the English tenure would be developed. In forcing on this change, English statesmen felt convinced not only that they were reformers, but that they were promoters of justice. To a generation trained under the teaching of lawyers like c.o.ke, and accustomed to regard the tenure which prevailed in England as good in itself, it must have appeared that to pa.s.s from the irregular dominion of uncertain customs to the rule of clear, definite law, was little less than a transition from anarchy and injustice to a condition of order and equity. They acted in precisely the spirit of their descendants, who are absolutely a.s.sured that the extension of English maxims of government throughout India must be a blessing to the population of the country, and shape their Egyptian policy upon their unwavering faith in the benefits which European control must of necessity confer on Egyptian fellahs. If, however, it is probable that King James meant well to his Irish subjects, it is absolutely certain that his policy worked gross wrong. His scheme only provided for the more powerful members of the tribes, and took no account of the inferior members, each of whom in their degree had an undeniable if somewhat indefinite interest in the tribal land. Sir John Davis, who carried out the plan, seems to have thought that he had gone quite far enough in erecting the sub-chiefs into freeholders. It never occurred to him that the humblest member of the tribe should, if strict justice were done, have received his allotment out of the common territory; and the result of his settlement accordingly was that the tribal land was cut up into a number of large freehold estates which were given to the most important personages among the native Irish, and the bulk of the people were reduced to the condition of tenants at will.[15] An intended reform produced injustice, litigation, misery, and discontent. The case is noticeable, for it is a type of a thousand subsequent English attempts to reform and improve Ireland. The rulers of the country were influenced by ideas different from those of their subjects. Ignorance and want of sympathy produced all the evils of cruelty and malignity.

Bad administration, religious persecution, above all a thoroughly vicious system of land tenure, accompanied by such sweeping confiscations as to make it at any rate a plausible a.s.sertion that all the land in Ireland has during the course of Irish history been confiscated at least thrice over,[16] are admittedly some of the causes, if they do not const.i.tute the whole cause, of the one immediate difficulty which perplexes the policy of England. This is nothing else than the admitted disaffection to the law of the land prevailing among large numbers of the Irish people. The existence of this disaffection, whatever be the inference to be drawn from it, is undeniable. A series of so-called Coercion Acts pa.s.sed both before and since the Act of Union give undeniable evidence, if evidence were wanted, of the ceaseless, and as it would appear almost irrepressible, resistance in Ireland offered by the people to the enforcement of the law. I have not the remotest inclination to underrate the lasting and formidable character of this opposition between opinion and law, nor can any jurist who wishes to deal seriously with a serious and infinitely painful topic question for a moment that the ultimate strength of law lies in the sympathy, or at lowest the acquiescence, of the ma.s.s of the population. Judges, constables and troops become almost powerless when the conscience of the people permanently opposes the execution of the law. Severity produces either no effect or bad effects, executed criminals are regarded as heroes or martyrs, and jurymen or witnesses meet with the execration, and often with the fate, of criminals. On such a point it is best to take the judgment of a foreigner unaffected by prejudices or pa.s.sions, from which no Englishman or Irishman has a right to suppose himself free:

"_Quand vous en etes arrives a ce point, croyez bien que dans cette voie de rigueurs tous vos efforts pour retablir l'ordre et la paix seront inutiles. En vain, pour reprimer des crimes atroces, vous appellerez a votre aide toutes les severites du code de Dracon; en vain vous ferez des lois cruelles pour arreter le cours de revoltantes cruautes; vainement vous frapperez de mort le moindre delit se rattachant a ces grands crimes; vainement, dans l'effroi de votre impuissance, vous suspendrez le cours des lois ordinaires, proclamerez des comtes entiers en etat de suspicion legale, violerez le principe de la liberte individuelle, creerez des cours martiales, des commissions extraordinaires, et pour produire de salutaires impressions de terreur, multiplierez a l'exces les executions captiales._"[17]

No advocate of Home Rule can find a clearer statement of the condition of things with which on his view the Imperial Parliament is morally incompetent to deal than in these words of De Beaumont's; but before we hastily draw any inference from an undoubted fact, let us examine into the exact nature of the fact. The opposition of Irish opinion to the law of the land is undoubted, but the opposition is not now, and if we appeal (as under the present argument we are appealing) to the teaching of history never has been general opposition to law, or even general opposition to English law. The statistics of ordinary crime are (it is said) no higher in Ireland than in other parts of the United Kingdom. A pickpocket or a burglar is as easily convicted in Ireland as elsewhere; the persons who lamentably enough are either left unpunished, or if punished may count on popular sympathy, are criminals whose offences, atrocious and cruel as they constantly are, are connected in popular opinion with political, and at bottom, it must be added, with agrarian questions. For more than a century there has existed an hereditary conspiracy against the rights of the landowners. The White Boys of 1760, the Steel Boys of 1772, the Right Boys of 1785, the Rockites of a few years later, the Thrashers of 1806, the White Boys who re-appear in 1811, 1815, 1820, the Terralts of 1831, the White Feet of 1833, the Black Feet of 1837;[18] later Ribbon men under different names, the Boycotters or the a.s.sa.s.sins who have added a terrible sanction to the commands of the Land League or of the National League, have each and all been, in most cases avowedly and in every case in fact, the vindicators or a.s.serters of the just or unjust popular aversion to the rights of landlords given by the law and enforced by the courts of the land. It would be folly to a.s.sert that all popular opposition to the law in Ireland had been connected with agrarian questions. But if we look either to the experience of past generations, or to the transactions pa.s.sing before our eyes, we can hardly be mistaken in holding that the main causes of disaffection have been either questions connected with religion, or rather with the position of Roman Catholics, or disputes connected with the possession of land.

The feeling of nationality has played a very subordinate part in fomenting or keeping alive Irish discontent. The Repeal agitation, in spite of O'Connell's legitimate influence, collapsed. No one can read Sir Gavan Duffy's most interesting account of the Young Ireland movement without perceiving that just because it was strictly a nationalist movement it took very little hold upon the people. The Home Rule movement never showed great strength till it became avowedly a Land League, of which the ultimate result should be, by whatever means, to make the tenants of Ireland owners of their land. To this add that in the judgment of foreign critics, and of thinkers like Mill, the popular protest against the maintenance in Ireland of a tenure combining the evils both of large estates and of minute subdivision of farms is founded upon justice. De Beaumont at any rate teaches that to transform Irish tenants into peasant proprietors would be the salvation of the country:--

_"Plus on considere l'Irlande, ses besoins et ses difficultes de toutes sortes, et plus on est porte a penser que ce changement dans l'etat de sa population agricole serait le vrai remede a ses maux....

"J'aurais mille autres raisons pour appuyer cette opinion; je m'arrete cependant. Un lecteur anglais trouvera mes arguments incomplets. Tout autre qu'un Anglais les jugera peut-etre surabondants."_[19]

This opinion may be well-founded or ill-founded; but no wise statesman will reject it without the maturest consideration.

History, then, if fairly interrogated, gives this result: Historical causes have generated in Ireland a condition of opinion which in all matters regarding the land impedes that enforcement of law which is the primary duty of every civilized government.

From this fact Home Rulers draw the inference that the law is hated because it is foreign, and that England should surrender to Irishmen the effort to enforce legal rights, since this duty is one which can be performed by a native and cannot be performed by any English or foreign authority.

This conclusion is clearly not supported by the premises. If the source of popular discontent be agrarian, then the right course is to amend the land laws while improving the administrative system, and enforcing justice between man and man.

A Home Ruler may, however, if hard driven, say that my interpretation of history is erroneous, and that a hatred to English law, and to all things English, and not a special dislike to the land law, is the sentiment which prevails over every other feeling of the Irish people.

It is difficult to me to see how this view can be seriously maintained.

Let us grant however for a moment that Home Rulers are right, and that millions of Irishmen are inspired with the pa.s.sion of nationality. Even on this supposition the Home Rule doctrine stands in a bad way. If the demand of the Irish people be like that of the Italian people--a demand for recognised nationality--then the demand must be satisfied, if at all, not by Home Rule, but by independence. The most eminent among English Home Rulers believes that the law is hated in Ireland because it comes before the Irish people in a foreign garb. Mr. Froude in substance agrees in this matter with Mr. Gladstone, since he holds that "the real grievance is our presence in Ireland at all." But the eminent statesman and the distinguished historian draw a different inference from the same premises. Mr. Gladstone infers that Ireland can be satisfied by semi-independence. Mr. Froude infers that if we are to meet Irish wishes we must let Ireland be free. Mr. Froude's logic will be to most persons far more intelligible than the logic of the Liberal leader. Here, at any rate, we come to the true issue suggested by the phenomena of Irish history. Is Irish discontent due in the main to agrarian or to political causes? On the answer to this enquiry depends, as far as the argument we have in hand goes, the line of right policy in Ireland. But neither answer favours the contention of Home Rulers.[20]

The argument from Irish history gives rise to, or, more properly speaking, contains in itself two further distinct lines of reasoning in favour of Home Rule, each of which supplements the other. The first of these aims at showing that to leave Ireland to herself is the only method by which to restore order throughout the country. This I have termed "the argument from the good effects of self-government," the other deduces from the necessity for Coercion Acts the conclusion that England cannot maintain order in Ireland: this I have termed "the argument from the necessity for Coercion Acts." These two lines of reasoning are simply an amplification of points suggested by the Home Rule argument from Irish history, and are of necessity therefore open to the same criticisms to which that argument is obnoxious. They have, however, each a certain value of their own, and have made an impression on the English public: they can each also be met by more or less special replies. The argument, therefore, from the good effects of self-government and the argument from the necessity for Coercion Acts each deserve separate statement and consideration.

[Sidenote: 4. Argument from self-government.]

_The argument from the virtues of self-government._--Self-dependence is the source of self-reliance and of self-help. Leave Ireland to herself, and Ireland will (it is argued) develop the sense of responsibility and the power of self-government. Mr. Parnell or Mr. Davitt as Irish Prime Minister will be able to perform with ease feats beyond the reach of any English Cabinets. He will dare to be strong because he knows he is popular: he will punish conspirators with a severity unknown to modern English governments; he will feel that anarchy is the bane of his country, and he will not tolerate disorder. Boycotters, Moonlighters, Dynamiters or a.s.sa.s.sins will find that they are called upon to meet a force of which they have had before no experience. They will discover that they are engaged in a contest with the will of the people, and deprived, as they will be, of the moral sympathy which has. .h.i.therto given them comfort and encouragement, will yield obedience to a law which is the expression of the national will. Self-government in Ireland means strong government, and strong government is the one cure for Irish misery.

This train of reflection has, unless I am mistaken, convinced many English Radicals that the installation of an Irish Ministry at Dublin will be the dissolution of every secret society throughout Ireland, and thus gained over to the cause of Home Rule men who detest anarchy even more than they love liberty.

This belief in the virtues of self-government is confirmed by the teaching of American critics, who hold that the recent experience of the United States presents a clue by which Englishmen may find a path out of the labyrinth of their present perplexities. Transactions known to every citizen of the States show conclusively that the hatred of law which in Ireland fills Englishmen with amazement has arisen among a people who, whatever their faults, cannot be charged with those inherited vices which English opinion freely and gratuitously imputes to Irish nature.

In Connecticut, in New York, in Georgia, throughout all the Southern States, open or secret combinations, supported by public opinion and enforcing its decrees by violence and murder, have with success defied the law courts. Social conditions, and not the perversities of Irish character, are seen to be the true cause of phenomena which, if they are now a feature of Irish life, have appeared in countries where not an Irishman was to be found, and where the Irish had no appreciable influence. To this fact, which appears to me not to admit of question, Americans add the consideration that lawlessness when supported by public opinion has in America been successfully met, not by coercion, but by yielding to public sentiment. Hence they draw the conclusion that the proper mode of terminating the conflict between law and widespread sentiment is to yield to opinion, and, by conceding something of the nature of Home Rule, to turn law-breakers into law-makers. The application of this dogma to Ireland is obvious: the crucial instance by which its truth is supposed to be established is the treatment of the conquered South by the victorious North. From the termination of the War of Secession up to 1876 the fixed policy of the Northern Republicans was to maintain order in the South by the use of Federal troops. This policy began and ended in failure: in 1876 the troops were withdrawn; the endeavour to enforce law by means of the Federal armies was given up--as if by magic chaos gave place to order. Local self-government has given peace to the United States, why should it not restore concord to the United Kingdom?[21]

[Sidenote: Criticism.]

It has been freely admitted in the foregoing pages[22] that the historical connection between England and Ireland has brought upon the weaker country the evils involved in the suppression of internal revolution by external force. This admission contains the main ground for the argument in favour of Home Rule drawn from the good effects of self-government, but is not in reality a sound foundation on which to place the suggested conclusion.

For the argument under consideration, even after the concession that Ireland has suffered from not having been left to herself, is vitiated by more than one flaw.

Home Rule, as it is again and again necessary to point out, is not national independence, nor anything like independence. Home Rule gives Ireland at most semi-independence--that is to say, it leaves Ireland at least half dependent upon England. It is vain to argue that the position of the member of a confederacy or of a colonial dependency will give to Irishmen the sense of independence and responsibility which belongs to a self-governing nation.

Grant, however (though the a.s.sumption is a hazardous one), that the creation of an Irish government and an Irish Parliament would of itself give to Ireland, even though she were still in many respects dependent on England, such a new sense of power and of responsibility as would enable her to create for herself a strong executive. This concession is not enough to make out the argument in favour of Home Rule. Laws ought to be not only strong but just, and Englishmen must consider whether rulers who had come to the head of affairs solely because they represented the strongest among many Irish factions or parties would he able to rule with justice. The "Jacobin Conquest" installed a strong executive in power, but England could not be an accomplice in inaugurating a reign of terror. The connection which under any form of Home Rule would bind together the parts of the present United Kingdom would be, it may be suggested, a guarantee against the supremacy of an Irish Robespierre or Danton. Granted: but if so, Home Rule would restrain an Irish revolution. The strongest, in other words the most reckless leaders, would be prevented from coming to the front. Ireland would not follow her own course, and since she would not be in truth self-governed, she would not reap the good fruits of self-government.

Nor in truth does the American version of our argument give much help to Home Rulers.

In more than one instance popular sentiment has in the United States defied the law of the land. Nothing can be a better example of such defiance than the anti-rent war which raged in New York between 1839 and 1846.[23] The struggle exhibited all the recklessness of a no-rent agitation in Ireland with none of the excuses which can be urged in palliation of outrage by half-starving tenants; it produced a "reign of terror which for ten years practically suspended the operations of law and the payment of rent throughout the district" which was the field of the anti-rent movement; it ended in a nominal compromise which was a real victory for the anti-renters. In this instance, be it remarked, no sentiment of nationality or State right came into play. The law was hated, not because it was "foreign," but because it enforced the obligation of an unpopular contract. Landlords, it is now all but admitted, are not ent.i.tled to the full rights of citizens. The triumph therefore of the anti-renters at New York may command a certain amount of sympathy. The popular sentiment which in 1833 induced the people of Connecticut to boycott Miss Prudence Crandall cannot be brought under the sanction of any "higher law." Her crime was that she chose, obeying the dictates of her conscience, to open a school for negro girls in Connecticut. She was subjected to every annoyance and insult which the most reckless boycotter could invent. Legislation itself was turned against her, and the State failed utterly in the duty of protecting one of the most meritorious, and now, one is happy to think, one of the most honoured among the women of America. The Lyman Riots at Boston, as indeed every stage in the n.o.ble struggle of the American Abolitionists against popular injustice, tell the same tale, namely, that law in the United States has once and again failed to a.s.sert its due supremacy over injustice backed by public approval. This melancholy failure may possibly support the proposition that England cannot enforce the law in Ireland. It far more conclusively shows that even in countries deeply imbued with the spirit of legality self-government has no necessary tendency to produce just government or just legislation.

Let us, however, examine with care the lessons to be drawn from the treatment of the Southern States of America by the North.

The natural and most obvious moral of modern American history is that the majority of a nation have both the right and power to coerce a minority who claim to break up the unity of the State. The most distinguished English Liberals, such as Bright and Mill, held, and as I conceive on sound grounds of reason and justice, that the Southern States were neither legally nor morally justified in their claim to secede from the Union; but no fair-minded man can deny that a plausible const.i.tutional case could be made out in favour of Secession, nor that the citizens of the Southern confederacy demonstrated their wish and determination to secede by far more cogent evidence than the return of eighty-six Secessionists to Congress. The prima facie arguments which may be alleged in favour of Secession were tenfold stronger--unfounded as I hold them to have been--than the prima facie arguments in favour of Ireland's right to Home Rule. Moreover, in studying the history of the United States, an Englishman is at the present moment more concerned with the results than with the justification of the suppression of the Southern rebellion. The policy of the North attained its object: the Union was restored, and its existence is now placed beyond the reach of peril. The abolition of slavery took away the source of disagreement between the Northern and Southern States, and the tremendous exhibition of the power of the Republic has finally, it is supposed, destroyed the very idea of Secession. There is certainly nothing in all this which discourages the attempt to maintain the political unity of Great Britain and Ireland. We are told, however, to forget the force employed to suppress Secession, and to recollect only the policy of the Republicans after the close of the Civil War. That policy was a failure as long as it involved the denial to the Southern States of their State autonomy, and became a success from the moment when it recognised to the full the sacredness of State rights. This, or some statement like this, represents the mode in which the annals of the Union must be read if they are to be interpreted in favour of Home Rule. The reading is a strained interpretation of events which are known to every one. The North, once and for all, settled that the matters which lay at the bottom of the Civil War should be settled in the manner which conform to Northern notions of justice and of expediency. The abolition of slavery, and the final disposal of the alleged right to Secession, gave to the North, all the requisite securities against attacks on the unity of the Republic. The Republicans, influenced in part by considerations of party, but partly (it must in fairness be admitted) by the feeling that it was a duty to secure for Negro citizens the full enjoyment of the civil and political rights given them, under the const.i.tutional amendments supported for years the so-called Carpet Bag Governments, that is to say, the rule of Northern adventurers who were kept in office throughout the South by the Negro vote. The Federal Government, in short, up to 1876 gave by its arms authority in the South to the unscrupulosity of Northern scoundrelism supported by the votes of Negro ignorance. Such a policy naturally produced bitter irritation among the Southern Whites. Its reversal as naturally restored to the Whites at once power and contentment. Whether this reversal was as satisfactory to the Blacks is less clear. In any case it is hard to see how the restoration of the Southern States to their natural place in the Union tells in favour of giving Ireland a position quite inconsistent with the existing const.i.tution of the United Kingdom. The case stands thus: Northern Republicans insisted that every State in the South should submit to the supremacy of the United States on every point which directly or indirectly concerned the national and political unity of the American people. Having secured this submission the Republican party restored to the Southern States the reality as well as the name of State rights; and allowed the same and no more than the same independence to South Carolina as is allowed to New York. No doubt something was sacrificed; this "something" was a matter which did not greatly concern the citizens of the North. It was the attempt to secure to the Black citizens of the South the political rights given them by the const.i.tution. The sacrifice may have been necessary; many of the wisest Americans hold that it was so. But we may suspect that even amongst those who, as a matter of policy, approve the course pursued by the Federal Government in the South since 1876, qualms are occasionally felt as to some of its results. The able writer who sets American Home Rule before Englishmen as an example for imitation says with the candour which marks his writings: "I do not propose to defend or explain the way in which" the Native Whites "have since then" (1876) kept the Government "in their hands by suppressing or controlling the Negro vote. This is not necessary to my purpose."[24] It is however necessary for the purpose of weighing the effect of American experience to bear this "suppression" constantly in mind; it has deprived the Negroes of political rights which possibly they had better never have received, and has falsified the result of Presidential elections. When we are told that the South votes solid for a Democratic President, we must remember that in the Southern States the Negro vote is "controlled"; and that in reckoning the number of votes to which a State is ent.i.tled in virtue of its population, the Negro voters of the South are counted for as much as the uncontrolled White voters of the North. Whether this state of things will always be contentedly borne by the Northern States is a matter on which a foreigner can form no opinion. It is a condition of affairs which does not conduce to respect for law, and the satisfaction with which thoughtful Americans regard a policy founded on the tolerance of illegality confirms the belief suggested by other circ.u.mstances, that deference to opinion tends in the United States to undermine respect for law; it certainly does not tend to show that self-government has much connection with justice.

The argument, in short, from the good effects of self-government appears, when examined, either to be an argument which tells far more strongly in favour of Separation than of Home Rule, or else to be an argument which shows only that England might gain some immediate advantage from shutting her eyes to injustice committed by an Irish government.

[Sidenote: 5. Argument from Coercion Acts.]

_The argument from the necessity for Coercion Acts_.--Coercion Acts are (according to popular apprehension) enactments suspending the operation of the ordinary law, and conflicting therefore with the principles of the English Const.i.tution. Order has been maintained in Ireland since the Union (we are told) mainly by means of Coercion Acts. The English democracy, it is argued, cannot acquiesce any longer in these violations of the Const.i.tution; but since order must somehow be maintained in Ireland, and Coercion Acts must no longer be pa.s.sed, the English democracy must surrender the duty of maintaining the law into the hands of the Irish people, who, as is a.s.sumed by Home Rulers, can exact obedience to the law of Ireland without the use of exceptional legislation.

[Sidenote: Criticism.]

A lawyer irritated by the folly of popular declamation is tempted to dismiss all objections to Coercion Acts, together with all arguments founded upon such objections, with one peremptory remark--namely, that since a law is merely a rule which men are compelled to obey by the power of the State, and Coercion is but another name for compulsory obedience to the law, to object to Coercion is in reality 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 meet, and, if need be, dispel the antipathy to Coercion Acts, must try to understand what is the meaning which sensible men attach to the word "Coercion," what is the conviction represented by the dislike to Coercion Acts, how this dislike may be lessened, and, for the purpose with which these pages are written, how far the disapproval of Coercion Acts provides a reason in favour of Home Rule.

Of all the terms which at the present moment confuse public judgment, none is more vague and misleading than the word "Coercion" when applied to every stringent attempt to enforce in Ireland obedience to the law of the land.

Coercion means and includes two different though closely connected ideas which the laxity of popular thought fails to distinguish.

_First_.--Coercion means any attempt to enforce a law among people whose moral sympathies are at variance with the law itself. In this sense Coercion is opposed to that enforcement of ordinary law with which we are all familiar. Thus, to punish a Ritualist for not conforming to the judgment of the Privy Council, to enforce vaccination at Leicester, to compel a Quaker to pay t.i.thes, to eject an Irish tenant from the farm he has occupied, to drag him into Court and seize his goods if he does not pay his rent, to punish severely resistance to the Sheriff's officer, or to the bailiff 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 belongs holds that the law-breaker is maintaining a moral right against an immoral law. The anti-vaccinator is deemed a martyr at Leicester, the farmer who will not pay his rent is thought a patriot at Cork. Where the enforcement of the law is not popularly deemed coercion the law-breaker does not suppose himself to be in the right, and still less do his a.s.sociates think him morally praiseworthy. A thief does not in general hold any theory about the rightness of larceny, and there is no society in the United Kingdom at least who deny the moral validity of the Eighth Commandment.

_Secondly_.--Coercion means the enforcement of law by arbitrary and exceptional methods which tend to diminish the securities for freedom possessed by ordinary citizens. Thus the suspension of the Habeas Corpus Act, the abolition of trial by jury, the introduction of peculiar rules of evidence to facilitate convictions for a particular cla.s.s of crimes, a suspension (speaking generally) of what would be called in foreign countries "const.i.tutional guarantees," in order to secure obedience to particular laws, would be called coercion.

An enactment, then, which in ordinary language is called a Coercion Act, has one or both of the two following characteristics.[25] It is an Act which either enforces some rule of law (e.g., the law that tenants must pay their rent, or that trades unionists must not molest artisans who accept lower wages than the scale prescribed by the union), which does not command the moral a.s.sent of the society or people among whom it is enforced, or else constrains obedience to law by some exceptional and arbitrary mode of procedure. Now the general prejudice against an Act which has either or both of these characteristics is within certain limits justifiable on grounds of good sense. Laws derive three-fourths of their force not from the fears of law-breakers, but from the a.s.sent 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 suspension of the Habeas Corpus Act is on the face of it an evil. If it is not desirable that officers of the army should suddenly and without legal training exercise the power of judges, the establishment of martial law is in itself a great, though it may be a necessary calamity. Legislation, which has received the odious name of coercion, has frequently (though not always) exhibited one or both of the characteristics which render it fairly obnoxious to that designation. The objection, therefore, to Coercion Acts is on the face of it not unreasonable. What are the inferences which the objection supports is, of course, quite a different matter, and shall be considered in its due place.

It is most important, however, to note that the valid opposition to so-called Coercion Acts may and ought to be greatly mitigated by careful adherence to two maxims which are obvious, but are often neglected.

A Coercion Act in the first place, should be aimed, not at the direct enforcement of rules opposed to popular opinion, but at the punishment of offences which, though they may be indirectly connected with dislike of an unpopular law or with opposition to rights (for instance, of landowners) not sanctioned by popular opinion, are 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 agrarian code; but one may feel certain that the man who breaks his word, who tortures or murders his neighbour or who huffs cattle, knows himself to be not only a criminal, but a sinner, and that the law, which condemns him to punishment, though it may excite temporary outcry, can rely on the ultimate sanction of the popular conscience.

A Coercion Act, in the second place, should as far as possible be neither a temporary nor an exceptional piece of legislation.

An Act which increases the efficiency of the criminal law should, like other statutes, be a permanent enactment. The temporary character of Coercion Acts has needlessly increased their severity, for members of Parliament have justified to themselves carelessness in fixing the limits of powers conferred upon the executive under the insufficient plea that these powers were intended to last but for a short time. It has also deprived them of moral weight. An Act which is a law in 1881, but will cease to be a law in 1882, has neither the impressiveness nor the certainty which gives dignity to the ordinary law of the land.

Coercion Acts, again, should be general--that is, should apply, not to one part, but to the whole, of the United Kingdom. Powers needed by the Government for constant use in Ireland must occasionally be wanted in England, or, if they do not exist there, in Scotland. 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 Vict. c. 25. They were each denounced as Coercion Acts: the earlier enactment was in many ways the more lenient of the two; yet in principle the Act of 1881 was thoroughly vicious, whilst in principle the Act of 1882 was, as regards its most effective sections, thoroughly sound. The Act of 1881 in effect gave the Irish executive an unlimited power of arrest: it established in theory despotic government. The Act of 1882 was in principle an Act for increasing the stringency of criminal procedure. The one could not be made permanent, and applied to the whole United Kingdom, without depriving every citizen of security for his personal freedom. The main enactments of the other might extend through the whole of Great Britain and Ireland, and produce only the not undesirable effect of making the whole United Kingdom a less pleasant residence than at present for criminals or conspirators.

An Act which should be permanent, which should apply to the whole United Kingdom, which should deal, not indeed exclusively but in the main, with criminal procedure, could hardly contain injudicious, harsh or tyrannical provisions. The pa.s.sing of one such good Criminal Law Amendment Act would, though its discussion occupied a whole Session, save our representatives in Parliament an infinite waste of time, and would make unnecessary half-a-dozen Coercion Acts for Ireland. To enlarge the power of examining persons suspected of connection with a crime, even though no man is put upon his trial; to get rid of every difficulty in changing the venue; to give the Courts the right under certain circ.u.mstances 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 a.s.sert that these or similar changes in criminal procedure would suffice for the enforcement of the law in Ireland during a period of disturbance. That such improvements in procedure would go a good way to make special Coercion Acts unnecessary, is in the highest degree probable. There is, moreover, nothing objectionable or anomalous in increasing as time goes on the stringency of criminal procedure. The law against crimes is the protection of men who are not criminals. Civilisation raises our estimate of the protection which good citizens ought to receive from the State; it also places new means of attack in the hands of cheats and ruffians. An elaborate criminal code is as necessary for a civilised society as are elaborately trained armies and scientific arms both of defence and offence.

No adherence, however, to sound maxims of criminal jurisprudence would, it must be frankly admitted, entirely take away, though it might greatly mitigate, the justifiable distaste for Coercion Acts. The necessity for these Acts points to discord in Ireland between the law of the land and the law of the people; they are the outward and visible sign of internal discontent and disloyalty; they give good ground for supposing that the law or some part of it requires amendment, and to many persons laws which admit the existence of a bad social condition will appear to be themselves odious. But the necessity for amending bad laws or vicious inst.i.tutions is no reason why just laws, or any law which cannot rightly be repealed, should not be enforced. The fallacies of protection afforded no 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 pa.s.sing 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 driver holds his reins all the tighter because he is compelled to drive along the brink of a precipice. Whether Coercion Acts, which it must be remembered have been known before now in England, and were known in Ireland during the era of her Parliamentary independence, and which are the sign of the difficulty of enforcing the law, are or are not to be tolerated as a necessary evil, depends on the answer to the inquiry, whether the Government of the United Kingdom can by just administration, and by just legislation, remove the source of Irish opposition to the law? Answer the question affirmatively, and the outcry against coercion becomes unmeaning; answer the question negatively, and you produce an argument which tells with crushing power in favour not of Home Rule, but of Separation.

[Sidenote: 6. The argument from inconvenience.]

_The argument from the inconvenience to England._[27]--Apologies for Home Rule drawn from foreign experience, deference due to the popular will, from the historical failure of England to govern Ireland with success and the like, have about them when employed by English members of Parliament a touch of unreality; they are reasons meant to satisfy the hearer, but do not convince the speaker. When however we come to the argument for Home Rule drawn from the inconvenience of the present state of things to England generally, and to English members of Parliament in particular, we know at once that we are at any rate dealing with a real tangible serious plea which has (if anything) only too much weight with the person who employs it. There is nothing in the whole relation of England to Ireland about which politicians are so well a.s.sured, as that the presence of a body of Parnellites at Westminster is an unutterable nuisance, and works intolerable evil. Of the reality of their conviction we have the strongest proof. The sufferings of Irish tenants, the difficulties or the wrongs of Irish landlords, the evils of coercion, the terror of a.s.sa.s.sination, but slightly ruffled the composure with which English statesmen faced the perplexities of the Irish problem.

They first began to think that the demand for Home Rule might have something in it when the refusal to erect a Parliament at Dublin meant the continuance of obstruction in the Parliament at Westminster. The terror of obstruction has to speak the plain truth, done more to effect the _bona fide_ conversion of English M.P.'s into advocates of Home Rule than any other single influence.

What then is the harm which a body of eighty or ninety Irish members can work in Parliament? This is the answer. They may (it is said) in the first place delay, obstruct, and render impossible the carrying through of important measures; London may go without a munic.i.p.ality; widowers may wait for years without being able to marry their deceased wives'