Handbook of Home Rule Part 1

Handbook of Home Rule (1887).

by W. E. Gladstone et al.

PREFACE.

The present seems an excellent moment for bringing forward the arguments in favour of a new policy for Ireland, which are to be found in the articles contained in this volume.

We are realizing the first results of the verdict given at the election of 1886. And this I interpret as saying that the const.i.tuencies were not then ready to depart from the lines of policy which, up to last year, nearly all politicians of both parties in Parliament had laid down for their guidance in Irish affairs.

We have had the Session occupied almost wholly with Lord Salisbury's proposals for strengthening the power of the central Government to maintain law and order in Ireland, and for dealing with the most pressing necessities of the Land question in that country.

It is well, before the policy of the Government is practically tested, that the views of thoughtful men holding different opinions should be clearly set forth, not in the shape of polemical speeches, but in measured articles which specially appeal to those who have not hitherto joined the fighting ranks of either side, and who are sure to intervene with great force at the next election, when the Irish question is again submitted to the const.i.tuencies.

I feel that I can add little or nothing to the weight of the arguments contained in these papers, but I should like to give some reasons why I earnestly hope that they will receive careful consideration.

The writers have endeavoured to approach their work with impartiality, and to free themselves from those prejudices which make it difficult for Englishmen to discuss Irish questions in a fresh and independent train of thought, and realize how widely Irish customs, laws, traditions, and sentiments differ from our own.

We are apt to think that what has worked well here will work well in Ireland; that Irishmen who differ from us are unreasonable; and that their proposals for change must be mistaken. We do not make allowance for the soreness of feeling prevailing among men who have long objected to the system by which Ireland has been governed, and who find that their earnest appeals for reform have been, until recent times, contemptuously disregarded by English politicians. Time after time moderate counsels have been rejected until too late. Acts of an exceptional character intended to secure law and order have been very numerous, and every one of them has caused fresh irritation; while remedial measures have been given in a manner which has not won the sympathy of the people, because they have not been the work of the Irish themselves, and have not been prepared in their own way.

Parliament seems during the past Session to have fallen into the same error. By the power of an English majority, measures have been pa.s.sed which are vehemently opposed by the political leaders and the majority of the Irish nation, and which are only agreeable to a small minority in Ireland. This action can only succeed if the Irish can be persuaded to relinquish the national sentiments of Home Rule; and yet this was never stronger or more vigorous than at the present time. It is supported by millions of Irish settled in America and in Australia; and here I would say that it has often struck me that the strong feeling of dissatisfaction, or, I might say, of disaffection, among the Irish is fed and nurtured by the marked contrast existing between the social condition of large numbers of the Irish in the South and West of Ireland and the views and habits of their numerous relatives in the United States.

The social condition of many parts of Ireland is as backward, or perhaps more backward, than the condition of the rural population of England at the end of last or the beginning of this century. The Irish peasantry still live in poor hovels, often in the same room with animals; they have few modern comforts; and yet they are in close communication with those who live at ease in the cities and farms of the United States.

They are also imbued with all the advanced political notions of the American Republic, and are sufficiently educated to read the latest political doctrines in the Press which circulates among them. Their social condition at home is a hundred years behind their state of political and mental culture. They naturally contrast the misery of many Irish peasants with the position of their relatives in the New World.

This cannot but embitter their views against English rulers, and strengthen their leaning to national sentiments. Their national aspirations have never died out since 1782. They have taken various forms; but if the movements arising from them have been put down, fresh movements have constantly sprung up. The Press has grown into an immense power, and its influences have all been used to strengthen the zeal for Irish nationality, while, at the same time, the success of the national movements in Italy, Hungary, Greece, and Germany have had the same effect. Lastly, the sentiment of Home Rule has gained the sympathy of large bodies of electors in the const.i.tuencies of Great Britain, and, under the circ.u.mstances, it is difficult to suppose that, even if the country remains quiet, const.i.tutional agitation will vanish or the Irish relinquish their most cherished ambition.

We hear, from men who ought to know something of Ireland, that if the Land question is once settled, and dual ownership practically abolished, the tenants will be satisfied, and the movement for Home Rule will no longer find active support in Ireland. Without going into the whole of this argument, I should like to say two things: first, that I do not know how a large scheme of Land Purchase can be carried through Parliament with safety to Imperial interests without establishing, at the same time, some strong Irish Government in Dublin to act between the Imperial Government and the tenants of Ireland; and, second, that the feeling for Home Rule has a vitality of its own which will survive the Land question, even if independently settled.

Home Rule is an expression of national feeling which cannot be extinguished in Ireland, and the only safe method of dealing with it is to turn its force and power to the support of an Irish Government established for the management of local Irish affairs. There are those who think that this must lead to separation. I cannot believe in this fear, for I know of no English statesman who looks upon complete separation of Ireland from Great Britain as possible. The geographical position of Ireland, the social and commercial connection between the two peoples, renders such a thing impossible. The Irish know this, and they are not so foolish as to think that they could gain their independence by force of arms; but I do not believe that they desire it.

They are satisfied to obtain the management of their own local affairs under the _aegis_ of the flag of England. The papers in this volume show how this can be done with due regard to Imperial interests and the rights of minorities.

I shall not enlarge on this part of the subject, but I wish to draw attention to the working of the Irish Government, and the position which it holds in the country, for it is through its administration that the policy of the Cabinet will be carried out. At the outset I feel bound to deprecate the exaggerated condemnation which the "Castle" receives from its opponents. It has its defects. Notwithstanding efforts of various ministers to enlarge the circle from which its officials are drawn, it is still too narrow for the modern development of Irish society, and it has from time to time been recruited from partisans without sufficient regard to the efficiency and requirements of the public service. But, on the whole, its members, taken as individuals, can well bear comparison with those of other branches of the Civil Service. They are diligent; they desire to do their duty with impartiality, and to hold an even balance between many opposing interests in Ireland. Whatever party is in office, they loyally carry out the policy of their chiefs. They are, probably, more plastic to the leadership of the heads of departments than members of some English offices, and they are more quickly moved by the influences around them. Sometimes they may relapse into an att.i.tude of indifference and inertness if their chiefs are not active; but, on the other hand, they will act with vigour and decision if they are led by men who know their own minds and desire to be firm in the government of the country.

When speaking of the chiefs of the Irish Civil Service, who change according to the political party in office, we must not overlook the legal officers, who exercise a most powerful influence on Irish administration. They consist of the Lord Chancellor, the Attorney and Solicitor General, and, until 1883, there was also an officer called the Law Adviser, who was the maid-of-all-work of Castle administration. In England, those who hold similar legal offices take no part in the daily administration of public affairs. The Lord Chancellor, as a member of the Cabinet, takes his share in responsibility for the policy of the Government. The law officers are consulted in special cases, and take their part from time to time in debates in the House of Commons. In Ireland, however, the Chancellor is constantly consulted by the Lord-Lieutenant on any difficult matter of administration, and the Attorney and Solicitor General are in constant communication with the Lord-Lieutenant, if he carries out the daily work of administration, and with the Chief and the Under Secretary.

Governments differ as to the use they make of these officials. Some Governments have endeavoured to confine their work to cases where a mere legal opinion has to be obtained; but, when the country is in a disturbed state, even these limited references become very frequent, and questions of policy as well as of law are often discussed with the law officers. It is needless to say that, with their knowledge of Ireland and the traditions of Castle government (it is rare that all the law officers are new to office, and, consequently, they carry on the traditions from one Government to another), they often exercise a paramount influence over the policy of the Irish Government, and practically control it.

They are connected with the closest and most influential order in Irish society--the legal order, consisting of the judges and Bar of Ireland.

This adds to the general weight of their advice, but it has a special bearing when cases of legal reform or administration are under consideration; it then requires unwonted courage and independence for the law officers of the Crown to support changes which the lay members of the Government deem necessary.

I have known conspicuous instances of the exercise of these high qualities by law officers enabling reforms to be carried, but as a rule, particularly when the initiative of legal reform is left to them, the Irish law officers do not care to move against the feeling of the legal world in Dublin. The lawyers, like other bodies, oppose the diminution of offices and honours belonging to them, or of the funds which, in the way of fees and salaries, are distributed among members of the bar; and they become bitterly hostile to any permanent official who is known to be a firm legal reformer. It would be impossible for me not to acknowledge the great service often done to the Government by the able men who have filled the law offices, yet I feel that under certain circ.u.mstances, when their influence has been allowed too strongly to prevail, it has tended to narrow the views of the Irish Government, and to keep it within a circle too narrow for the altered circ.u.mstances of modern life.

The chief peculiarity of the Irish Administration is its extreme centralization. In this two departments may be mentioned as typical of the whole--the police and administration of local justice.

The police in Dublin and throughout Ireland are under the control of the Lord-Lieutenant, and both these forces are admirable of their kind. They are almost wholly maintained by Imperial funds. The Dublin force costs about 150,000 a year. The Royal Irish Constabulary costs over a million in quiet, and a million and a half in disturbed times. Local authorities have nothing to do with their action or management. Local justice is administered by unpaid magistrates as in England, but they have been a.s.sisted, and gradually are being supplanted, by magistrates appointed by the Lord-Lieutenant and paid by the State.

This state of things arose many years ago from the want of confidence between resident landlords and the bulk of the people. When agrarian or religious differences disturbed a locality the people distrusted the local magistrates, and by degrees the system of stipendiary, or, as they are called, resident magistrates, spread over the country. To maintain the judicial independence and impartiality of these magistrates is of the highest importance. At one time this was in some danger, for the resident magistrates not only heard cases at petty sessions, but, as executive peace officers, to a very great extent took the control of the police in their district, not only at riots, but in following up and discovering offenders. Their position as judicial and executive officers was thus very unfortunately mixed up. Between 1882 and 1883 the Irish Government did their utmost to separate and distinguish between these two functions, and it is to be hoped that the same policy has been and will be now continued, otherwise grave mischief in the administration of justice will arise. The existence of this staff of stipendiary magistrates could not fail to weaken the influence of the gentry in local affairs, and, at the same time, other causes were at work to undermine still further their power. The spread of education, the ballot, the extension of the franchise, communication with America, all tended to strengthen the political leaning of the tenants towards the National party in Ireland, and to widen the political differences between the richer and poorer cla.s.ses in the country. The result of this has been, that not only have even the best landlords gradually lost their power in Parliamentary elections and on elective boards, but the Government, which greatly relied on them for support, has become isolated.

The system of centralization is felt all over the country. It was the cause of weakness in the disturbed years of 1880 and 1881, and, although the Irish Executive strengthened themselves by placing officers over several counties, on whom they devolved a great deal of responsibility, they did not by these steps meet the real difficulty, which was that everything that went wrong, whether as to police or magisterial decisions, was attributed to the management of the Castle.

In this country, local authorities and benches of magistrates, quite independent of the Home Office, are held responsible for mistakes in police action or irregularities in local justice. The consequence is that there is a strong buffer to protect the character and power of the Home Office.

The absence of such protection in Ireland obviously has a very prejudicial effect on the permanent influence and popularity of the Irish Government. But as long as our system of government from England exists, this centralization cannot be avoided, for it would not be possible to transfer the responsibility of the police to local representative bodies, as they are too much opposed to the landlords and the Government to be trusted when strong party differences arise; nor, for the same reason, would it be possible to fall back on local men to administer justice. The fact is, that, out of the Protestant part of Ulster, the Irish Government receives the cordial support of only the landed proprietors, and a part of the upper middle cla.s.ses in the towns.

The feeling of the ma.s.s of the people has been so long against them that no change in the direction of trust in any centralized government of anti-national character can be expected.

It would be difficult, perhaps impossible, to find any Munic.i.p.al Council, Boards of Guardians, or Local Boards, in Leinster, Munster, or Connaught, whose members do not consist of a majority of Nationalists.

At nearly all such a.s.semblies, whenever any important political movement takes place in the country, or when the Irish Government take any action which is displeasing to the Nationalists, resolutions are discussed and carried in a spirit of sharp hostility to the Government.

In Parliamentary elections we also find clear evidence of the strength of the Nationalists, and the extreme weakness of their opponents. This is a test which those who accept popular representative government cannot disregard, particularly at an election when for the first time the new const.i.tuencies were called upon to exercise the privileges entrusted to them by Parliament. Such was the election of 1885, followed in 1886 by another General Election. In 1885 contests took place in most of the Irish const.i.tuencies. They were between Liberals allied with Conservatives, and Parnellites. In 1886 the contests were between those who called themselves Unionists and Parnellites, and the Irish policy of Mr. Gladstone was specially referred to the electors.

In regard to the number of members returned on the two sides, the result of each election was almost identical, but in 1886 there were fewer contests. We may, then, a.s.sume that the relative forces of Parnellites and Unionists were accurately represented at the election of 1885. If we take the votes at the election of 1885 for candidates standing as Nationalists, we shall find, roughly speaking, that they obtained in round numbers about 300,000 votes, and candidates who stood either as Liberals or Conservatives about 143,000. But the case is really stronger than these figures represent it, because in some const.i.tuencies the contests were between Liberals and Conservatives, and there can be no doubt that in those const.i.tuencies a number of Nationalist votes were given for one or both of such candidates--votes which, therefore, would have to be deducted from the 143,000, leaving a still heavier majority on the Nationalist side.[1]

If we look at individual const.i.tuencies, we find that in South Kerry only 133 persons voted for the "Unionist" candidate, while 2742 voted for the Nationalist. In six out of seven const.i.tuencies in Cork where contests took place 27,692 votes were given for the Nationalists, and only 1703 for their opponents. In Dublin, in the division which may be considered the West End const.i.tuency of the Irish metropolis, the most successful man of commerce in Ireland, a leader of society, whose liberality towards those in his employment is only equalled by his munificence in all public works, was defeated by over 1900 votes. He did not stand in 1886, but his successor was defeated by a still larger majority. These elections show the numbers in Ireland on which the Government and those who oppose Mr. Parnell's policy can count for support.

It is absurd to say that these results are caused by terrorism exercised over the minds of the electors by the agitators in Ireland; the same results occurred in every part of three provinces, and in part of Ulster, and the universality of the feeling proves the dominant feeling of the Irish electors. They show the extreme difficulty, the impossibility, of gaining that support and confidence which a Government needs in a free country. As it is, the Irish Government stands isolated in Ireland, and relies for support solely on England. Is a policy opposed to national feeling, which has been often, and by different Ministers, tried in Ireland, likely to succeed in the hands of a Government such as I have described, and isolated, as I think few will deny it to be? It is impossible in the long run to maintain it. The roots of strength are wanting.

If we turn from Dublin to London, we do not find greater prospects of success. Twice within fourteen months Lord Salisbury has formed a Government. In 1885 his Cabinet, on taking office, deliberately decided to rule Ireland without exceptional laws; after a few months, they announced that they must ask Parliament for fresh powers. They resigned before they had defined their measures. But within six months Lord Salisbury was once more Prime Minister, and again commenced his administration by governing Ireland under the ordinary law. This attempt did not continue longer than the first, for when Parliament met in 1887, preparations were at once made to carry the Criminal Law Amendment Act, which occupied so large a portion of the late Session.

This is not the action of men who have strong faith in their principles.

Nor can it be shown that the continuous support so necessary for success will be given to this policy. No doubt it may be urged that the operation of the Act is not limited in duration; but, notwithstanding that, few politicians believe that the const.i.tuencies of Great Britain will long support the application of exceptional criminal laws to any part of the United Kingdom.

This would be wholly inconsistent with past experience In relation to these measures, which points entirely the other way; and the publication in English newspapers and constant discussion on English platforms of the painful incidents which seem, unfortunately, inseparable from a rigid administration of the law in Ireland, together with the prolonged debates, such incidents give rise to, in Parliament, aggravate the difficulties of administration, and lead the Irish people to believe that exceptional legislation will be as short-lived in the future as it has been in the past.

It was this evidence of want of continuity of policy in 1885, and the startling disclosure of the weakness of the anti-national party in Ireland at the election in the autumn of that year, which finally convinced me that the time had come when we could no longer turn to a mixed policy of remedial and exceptional criminal legislation as the means of winning the const.i.tuencies of that country in support of our old system of governing Ireland. That system has failed for eighty-six years, and obviously cannot succeed when worked with representative inst.i.tutions. As the people of Great Britain will not for a moment tolerate the withdrawal of representative government from Ireland, we must adopt some new plan. What I have here written deals with but a fragment of the arguments for Home Rule, some of which are admirably set forth by the able men who have written the articles to which this is the preface. I earnestly wish that they may arrest the attention of many excellent Irishmen who still cling to the old traditions of English rule, and cause them to realize that the only way of relieving their country from the intolerable uncertainty which hangs over her commercial, social, and political interests and paralyzes all efforts for the improvement of her people, will be to form a Const.i.tution supported by all cla.s.ses of the community. I trust that they will join in this work before it is too late, for they may yet exercise a powerful and salutary influence in the settlement of this great question.

FOOTNOTES:

[Footnote 1: There was one case--North Louth--in which two Nationalists opposed one another, and I have left that case out of the calculation.]

AMERICAN HOME RULE

BY E.L. G.o.dKIN

American experience has been frequently cited, in the course of the controversy now raging in England over the Irish question, both by way of warning and of example. For instance, I have found in the _Times_ as well as in other journals--the _Spectator_, I think, among the number--very contemptuous dismissals of the plan of offering Ireland a government like that of an American State, on the ground that the Americans are loyal to the central authority, while in Ireland there is a strong feeling of hostility to it, which would probably increase under Home Rule. The Queen's writ, it has been remarked, cannot be said to run in large parts of Ireland, while in every part of the United States the Federal writ is implicitly obeyed, and the ministers of Federal authority find ready aid and sympathy from the people. If I remember rightly, the Duke of Argyll has been very emphatic in pointing out the difference between giving local self-government to a community in which the tendencies of popular feeling are "centrifugal," and giving it to one in which these tendencies are "centripetal." The inference to be drawn was, of course, that as long as Ireland disliked the Imperial government the concession of Home Rule would be unsafe, and would only become safe when the Irish people showed somewhat the same sort of affection for the English connection which the people of the State of New York now feel for the Const.i.tution of the United States.

Among the mult.i.tude of those who have taken part in the controversy on one side or the other, no one has, so far as I have observed, pointed out that the state of feeling in America toward the central government with which the state of feeling in Ireland towards the British Government is now compared, did not exist when the American Const.i.tution was set up; that the political tendencies in America at that time were centrifugal, not centripetal, and that the extraordinary love and admiration with which Americans now regard the Federal government are the result of eighty years' experience of its working. The first Confederation was as much as the people could bear in the way of surrendering local powers when the War of Independence came to an end.

It was its hopeless failure to provide peace and security which led to the framing of the present Const.i.tution. But even with this experience still fresh, the adoption of the Const.i.tution was no easy matter. I shall not burden this article with historical citations showing the very great difficulty which the framers of the Const.i.tution had in inducing the various States to adopt it, or the magnitude and variety of the fears and suspicions with which, many of the most influential men in all parts of the country regarded it. Any one who wishes to know how numerous and diversified these fears and suspicions were, cannot do better than read the series of papers known as "The Federalist," written mainly by Hamilton and Madison, to commend the new plan to the various States. It was adopted almost as a matter of necessity, that is, as the only way out of the Slough of Despond in which the Confederation had plunged the union of the States; but the objections to it which were felt at the beginning were only removed by actual trial. Hamilton's two colleagues, as delegates from New York, Yates and Lansing, withdrew in disgust from the Convention, as soon as the Const.i.tution was outlined, and did not return. The notion that the Const.i.tution was produced by the craving of the American people for something of that sort to love and revere, and that it was not bestowed on them until they had given ample a.s.surance that they would lavish affection on it, has no foundation whatever in fact. The devotion of Americans to the Union is, indeed, as clear a case of cause and effect as is to be found in political history.

They have learned to like the Const.i.tution because the country has prospered under it, and because it has given them all the benefits of national life without interference with local liberties. If they had not set up a central government until the centrifugal sentiment had disappeared from the States, and the feeling of loyalty for a central authority had fully shown itself, they would a.s.suredly never have set it up at all.

Moreover, it has to be borne in mind that the adoption of the Const.i.tution did not involve the surrender of any local franchises, by which the people of the various States set great store. The States preserved fully four-fifths of their autonomy, or in fact nearly all of it which closely concerned the daily lives of individuals. Set aside the post-office, and a citizen of the State of New York, not engaged in foreign trade, might, down to the outbreak of the Civil War, have pa.s.sed a long and busy life without once coming in contact with a United States official, and without being made aware in any of his doings, by any restriction or regulation, that he was living under any government but that of his own State. If he went abroad he had to apply for a United States pa.s.sport. If he quarrelled with a foreigner, or with the citizen of another State, he might be sued in the Federal Court. If he imported foreign goods he had to pay duties to the collector of a Federal Custom-house. If he invented something, or wrote a book, he had to apply to the Department of the Interior for a patent or a copyright. But how few there were in the first seventy years of American history who had any of these experiences! No one supposes, or has ever supposed, that had the Federalists demanded any very large sacrifice of local franchises, or attempted to set up even a close approach to a centralized Government, the adoption of the Const.i.tution would have been possible. If, for instance, such a transfer of both administration and legislation to the central authority as took place in Ireland after the Union had been proposed, it would have been rejected with derision. You will get no American to argue with you on this point. If you ask him whether he thinks it likely that a highly centralized government could have been created in 1879--such a one, for example, as Ireland has been under since 1800--or whether if created it would by this time have won the affection of the people, or filled them with centripetal tendencies, he will answer you with a smile.

The truth is that nowhere, any more than in Ireland, do people love their Government from a sense of duty or because they crave an object of political affection, or even because it exalts them in the eyes of foreigners. They love it because they are happy or prosperous under it; because it supplies security in the form best suited to their tastes and habits, or in some manner ministers to their self-love. Loyalty to the king as the Lord's anointed, without any sense either of favours received or expected, has played a great part in European politics, I admit; but, for reasons which I will not here take up s.p.a.ce in stating, a political arrangement, whether it be an elected monarch or a const.i.tution, cannot be made, in our day, to reign in men's hearts except as the result of benefits so palpable that common people, as well as political philosophers, can see them and count them.

Many of the opponents of Home Rule, too, point to the vigour with which the United States Government put down the attempt made by the South to break up the Union as an example of the American love of "imperial unity," and of the spirit in which England should now meet the Irish demands for local autonomy. This again is rather surprising, because you will find no one in America who will maintain for one moment that troops could have been raised in 1860 to undertake the conquest of the South for the purpose of setting up a centralized administration, or, in other words, for the purpose of wiping out State lines, or diminishing State authority. No man or party proposed anything of this kind at the outbreak of the war, or would have dared to propose it. The object for which the North rose in arms, and which Lincoln had in view when he called for troops, was the restoration of the Union just as it was when South Carolina seceded, barring the extension of slavery into the territories. During the first year of the war, certainly, the revolted States might at any time have had peace on the _status quo_ basis, that is, without the smallest diminution of their rights and immunities under the Const.i.tution. It was only when it became evident that the war would have to be fought out to a finish, as the pugilists say--that is, that it would have to end in a complete conquest of the Southern territory--that the question, what would become of the States as a political organization after the struggle was over, began to be debated at all. What did become of them? How did Americans deal with Home Rule, after it had been used to set on foot against the central authority what the newspapers used to delight in calling "the greatest rebellion the world ever saw"? The answer to these questions is, it seems to me, a contribution of some value to the discussion of the Irish problem in its present stage, if American precedents can throw any light whatever on it.