BY R. BARRY O'BRIEN.
I am often asked, What are the best books to read on the
Irish question? and I never fail to mention Mr. Lecky's
Leaders of Public Opinion in Ireland and the History
of England in the Eighteenth Century; Mr. Goldwin
Smith's Irish History and Irish Character, Three English
Statesmen, The Irish Question, and Professor Dicey's admirable
work, England's Case against Home Rule.
Indeed, the case for Home Rule, as stated in these
books, is unanswerable; and it redounds to the credit of
Mr. Lecky, Mr. Goldwin Smith, and Mr. Dicey that their
narrative of facts should in no wise be prejudiced by their
political opinions.
That their facts are upon one side and their opinions
on the other is a minor matter. Their facts, I venture
to assert, have made more Home Rulers than their opinions
can unmake.
To put this assertion to the test I propose to quote
some extracts from the works above mentioned. These
extracts shall be full and fair. Nothing shall be left out
that can in the slightest degree qualify any statement of
fact in the context. Arguments will be omitted, for I wish
to place facts mainly before my readers. From these facts
they can draw their own conclusions. Neither shall I take
up space with comments of my own. I shall call my
witnesses and let them speak for themselves.
I.—MR. LECKY.
In the introduction to the new edition of the Leaders
of Public Opinion in Ireland, published in 1871—seventy-one
years after Mr. Pitt's Union, which was to make
England and Ireland one nation—we find the following
"contrast" between "national life" in the two countries:—
"There is, perhaps, no Government in the world which
succeeds more admirably in the functions of eliciting,
sustaining, and directing public opinion than that of
England. It does not, it is true, escape its full share of
hostile criticism, and, indeed, rather signally illustrates the
saying of Bacon, that 'the best Governments are always
subject to be like the finest crystals, in which every icicle
and grain is seen which in a fouler stone is never perceived;'
but whatever charges may be brought against the
balance of its powers, or against its legislative efficiency,
few men will question its eminent success as an organ of
public opinion. In England an even disproportionate
amount of the national talent takes the direction of politics.
The pulse of an energetic national life is felt in every
quarter of the land. The debates of Parliament are
followed with a warm, constant, and intelligent interest by
all sections of the community. It draws all classes within
the circle of political interests, and is the centre of a strong
and steady patriotism, equally removed from the apathy of
many Continental nations in time of calm, and from their
feverish and spasmodic energy in time of excitement. Its
decisions, if not instantly accepted, never fail to have a
profound and calming influence on the public mind. It
is the safety-valve of the nation. The discontents, the
suspicions, the peccant humours that agitate the people,
find there their vent, their resolution, and their end.
"It is impossible, I think, not to be struck by the contrast
which, in this respect, Ireland presents to England.
If the one country furnishes us with an admirable example
of the action of a healthy public opinion, the other supplies
us with the most unequivocal signs of its disease. The
Imperial Parliament exercises for Ireland legislative functions,
but it is almost powerless upon opinion—it allays no discontent,
and attracts no affection. Political talent, which
for many years was at least as abundant among Irishmen
as in any equally numerous section of the people, has been
steadily declining, and marked decadence in this respect
among the representatives of the nation reflects but too
truly the absence of public spirit in their constituents.
"The upper classes have lost their sympathy with and
their moral ascendency over their tenants, and are thrown
for the most part into a policy of mere obstruction. The
genuine national enthusiasm never flows in the channel of
imperial politics. With great multitudes sectarian considerations
have entirely superseded national ones, and their
representatives are accustomed systematically to subordinate
all party and all political questions to ecclesiastical interests;
and while calling themselves Liberals, they make it the
main object of their home politics to separate the different
classes of their fellow-countrymen during the period of their
education, and the main object of their foreign policy to
support the temporal power of the Pope. With another
and a still larger class the prevailing feeling seems to be
an indifference to all Parliamentary proceedings; an utter
scepticism about constitutional means of realizing their
ends; a blind, persistent hatred of England. Every cause
is taken up with an enthusiasm exactly proportioned to
the degree in which it is supposed to be injurious to English
interests. An amount of energy and enthusiasm which if
rightly directed would suffice for the political regeneration
of Ireland is wasted in the most insane projects of disloyalty;
while the diversion of so much public feeling
from Parliamentary politics leaves the Parliamentary arena
more and more open to corruption, to place-hunting, and
to imposture.
"This picture is in itself a very melancholy one, but there
are other circumstances which greatly heighten the effect.
In a very ignorant or a very wretched population it is
natural that there should be much vague, unreasoning discontent;
but the Irish people are at present neither
wretched nor ignorant. Their economical condition before
the famine was, indeed, such that it might well have made
reasonable men despair. With the land divided into almost
microscopic farms, with a population multiplying rapidly
to the extreme limits of subsistence, accustomed to the
very lowest standard of comfort, and marrying earlier than
in any other northern country in Europe, it was idle to look
for habits of independence or self-reliance, or for the culture
which follows in the train of leisure and comfort. But all
this has been changed. A fearful famine and the long-continued
strain of emigration have reduced the nation
from eight millions to less than five, and have effected, at
the price of almost intolerable suffering, a complete
economical revolution. The population is now in no
degree in excess of the means of subsistence. The rise of
wages and prices has diffused comfort through all classes.
... Probably no country in Europe has advanced so
rapidly as Ireland within the last ten years, and the tone of
cheerfulness, the improvement of the houses, the dress, and
the general condition of the people must have struck every
observer.[26] ... If industrial improvement, if the rapid
increase of material comforts among the poor, could allay
political discontent, Ireland should never have been so
loyal as at present.
"Nor can it be said that ignorance is at the root of the
discontent. The Irish people have always, even in the darkest
period of the penal laws, been greedy for knowledge, and
few races show more quickness in acquiring it. The
admirable system of national education established in the
present century is beginning to bear abundant fruit, and,
among the younger generation at least, the level of knowledge
is quite as high as in England. Indeed, one of the
most alarming features of Irish disloyalty is its close and
evident connection with education. It is sustained by a
cheap literature, written often with no mean literary skill,
which penetrates into every village, gives the people their first
political impressions, forms and directs their enthusiasm, and
seems likely in the long leisure of the pastoral life to exercise
an increasing power. Close observers of the Irish character
will hardly have failed to notice the great change which since
the famine has passed over the amusements of the people.
The old love of boisterous out-of-door sports has almost
disappeared, and those who would have once sought their
pleasures in the market or the fair now gather in groups in
the public-house, where one of their number reads out a
Fenian newspaper. Whatever else this change may portend,
it is certainly of no good omen for the future loyalty of the
people.
"It was long customary in England to underrate this
disaffection by ascribing it to very transitory causes. The
quarter of a century that followed the Union was marked
by almost perpetual disturbance; but this it was said was
merely the natural ground swell of agitation which followed
a great reform. It was then the popular theory that it was
the work of O'Connell, who was described during many years
as the one obstacle to the peace of Ireland, and whose death
was made the subject of no little congratulation, as though
Irish discontent had perished with its organ. It was as if,
the Æolian harp being shattered, men wrote an epitaph
upon the wind. Experience has abundantly proved the
folly of such theories. Measured by mere chronology, a
little more than seventy years have passed since the Union,
but famine and emigration have compressed into these years
the work of centuries. The character, feelings, and conditions
of the people have been profoundly altered. A long
course of remedial legislation has been carried, and during
many years the national party has been without a leader
and without a stimulus. Yet, so far from subsiding, disloyalty
in Ireland is probably as extensive, and is certainly
as malignant, as at the death of O'Connell, only in many
respects the public opinion of the country has palpably
deteriorated. O'Connell taught an attachment to the connection,
a loyalty to the crown, a respect for the rights of
property, a consistency of Liberalism, which we look for in
vain among his successors; and that faith in moral force
and constitutional agitation which he made it one of his
greatest objects to instil into the people has almost vanished
with the failure of his agitation."[27]
Few Irish Nationalists have drawn a weightier indictment
against the Union than this. After a trial of seventy years,
Mr. Lecky sums up the case against the Union in these
pregnant sentences:—
"The Imperial Parliament allays no discontent, and
attracts no affection;" "The genuine national enthusiasm
never flows in the channel of imperial politics;"
the people have "an utter scepticism about constitutional
means of realizing their ends," and are imbued with "a
blind, persistent hatred of England." Worse still, neither
the material progress of the country, nor the education of
the people, has reconciled them to the Imperial Parliament.
Indeed, their disloyalty has increased with their prosperity
and enlightenment. This is the story which Mr. Lecky has
to tell. But why are the Irish disloyal? Mr. Lecky shall
answer the question.
"The causes of this deep-seated disaffection I have
endeavoured in some degree to investigate in the following
essays. To the merely dramatic historian the history of
Ireland will probably appear less attractive than that of most
other countries, for it is somewhat deficient in great characters
and in splendid episodes; but to a philosophic student
of history it presents an interest of the very highest order.
In no other history can we trace more clearly the chain of
causes and effects, the influence of past legislation, not only
upon the material condition, but also upon the character of
a nation. In no other history especially can we investigate
more fully the evil consequences which must ensue from
disregarding that sentiment of nationality which, whether it
be wise or foolish, whether it be desirable or the reverse,
is at least one of the strongest and most enduring of
human passions. This, as I conceive, lies at the root of
Irish discontent. It is a question of nationality as truly
as in Hungary or in Poland. Special grievances or
anomalies may aggravate, but do not cause it, and they
become formidable only in as far as they are connected
with it. What discontent was felt against the Protestant
Established Church was felt chiefly because it was regarded
as an English garrison sustaining an anti-national system;
and the agrarian difficulty never assumed its full intensity
till by the repeal agitation the landlords had been politically
alienated from the people."[28]
Let those who imagine that the Irish question can be
completely settled by the redress of material grievances
take those words to heart.
But, it is said, Scotch national sentiment is as strong as
Irish, why should not a legislative union be as acceptable
to Ireland as to Scotland? Mr. Lecky shall answer this
question too.
"It is hardly possible to advert to the Scotch Union,
without pausing for a moment to examine why its influence
on the loyalty of the people should have ultimately been so
much happier than that of the legislative union which,
nearly a century later, was enacted between England and
Ireland. A very slight attention to the circumstances of
the case will explain the mystery, and will at the same time
show the extreme shallowness of those theorists who can
only account for it by reference to original peculiarities of
national character. The sacrifice of a nationality is a
measure which naturally produces such intense and such
enduring discontent that it never should be exacted unless
it can be accompanied by some political or material
advantages to the lesser country that are so great and
at the same time so evident as to prove a corrective. Such
a corrective in the case of Scotland, was furnished by the
commercial clauses. The Scotch Parliament was very
arbitrary and corrupt, and by no means a faithful representation
of the people. The majority of the nation were
certainly opposed to the Union, and, directly or indirectly,
it is probable that much corruption was employed to effect
it; but still the fact remains that by it one of the most
ardent wishes of all Scottish patriots was attained, that there
had been for many years a powerful and intelligent minority
who were prepared to purchase commercial freedom even
at the expense of the fusion of legislatures, and that in
consequence of the establishment of free trade the next
generation of Scotchmen witnessed an increase of material
well-being that was utterly unprecedented in the history of
their country. Nothing equivalent took place in Ireland.
The gradual abolition of duties between England and
Ireland was, no doubt, an advantage to the lesser country,
but the whole trade to America and the other English
colonies had been thrown open to Irishmen between 1775
and 1779. Irish commerce had taken this direction; the
years between 1779 and the rebellion of 1798 were
probably the most prosperous in Irish history, and the
generation that followed the Union was one of the most
miserable. The sacrifice of nationality was extorted by
the most enormous corruption in the history of representative
institutions. It was demanded by no considerable
section of the Irish people. It was accompanied by no signal
political or material benefit that could mitigate or counteract
its unpopularity, and it was effected without a dissolution,
in opposition to the votes of the immense majority
of the representatives of the counties and considerable
towns, and to innumerable addresses from every part of the
country. Can any impartial man be surprised that such
a measure, carried in such a manner, should have proved
unsuccessful?"[29]
In the Leaders of Public Opinion in Ireland Mr. Lecky
traces the current of events which have led to the present
situation. He shows how the Treaty of Limerick was shamelessly
violated, and how the native population was oppressed
and degraded.
"The position of Ireland was at this time [1727] one
of the most deplorable that can be conceived.... The
Roman Catholics had been completely prostrated by the
battle of the Boyne and by the surrender of Limerick.
They had stipulated indeed for religious liberty, but the
Treaty of Limerick was soon shamelessly violated, and it
found no avengers. Sarsfield and his brave companions
had abandoned a country where defeat left no opening for
their talents, and had joined the Irish Brigade which had
been formed in the service of France.... But while the
Irish Roman Catholics abroad found free scope for their
ambition in the service of France, those who remained at
home had sunk into a condition of utter degradation. All
Catholic energy and talent had emigrated to foreign lands,
and penal laws of atrocious severity crushed the Catholics
who remained."[30]
Mr. Lecky's account of these "penal laws" is upon
the whole, I think, the best that has been written.
"The last great Protestant ruler of England was
William III., who is identified in Ireland with the humiliation
of the Boyne, with the destruction of Irish trade, and
with the broken Treaty of Limerick. The ceaseless exertions
of the extreme Protestant party have made him more odious
in the eyes of the people than he deserves to be; for he was
personally far more tolerant than the great majority of his
contemporaries, and the penal code was chiefly enacted
under his successors. It required, indeed, four or five
reigns to elaborate a system so ingeniously contrived to
demoralize, to degrade, and to impoverish the people of
Ireland. By this code the Roman Catholics were absolutely
excluded from the Parliament, from the magistracy, from
the corporations, from the bench, and from the bar. They
could not vote at Parliamentary elections or at vestries;
they could not act as constables, or sheriffs, or jurymen, or
serve in the army or navy, or become solicitors, or even
hold the positions of gamekeeper or watchman. Schools
were established to bring up their children as Protestants;
and if they refused to avail themselves of these, they were
deliberately assigned to hopeless ignorance, being excluded
from the university, and debarred, under crushing penalties,
from acting as schoolmasters, as ushers, or as private
tutors, or from sending their children abroad to obtain the
instruction they were refused at home. They could not
marry Protestants, and if such a marriage were celebrated
it was annulled by law, and the priest who officiated might
be hung. They could not buy land, or inherit or receive
it as a gift from Protestants, or hold life-annuities, or leases
for more than thirty-one years, or any lease on such terms
that the profits of the land exceeded one-third of the rent.
If any Catholic leaseholder by his industry so increased
his profits that they exceeded this proportion, and did not
immediately make a corresponding increase in his payments,
any Protestant who gave the information could enter into
possession of his farm. If any Catholic had secretly purchased
either his old forfeited estate, or any other land, any
Protestant who informed against him might become the
proprietor. The few Catholic landowners who remained
were deprived of the right which all other classes possessed
of bequeathing their lands as they pleased. If their sons
continued Catholics, it was divided equally between them.
If, however, the eldest son consented to apostatize, the
estate was settled upon him, the father from that hour
became only a life-tenant, and lost all power of selling,
mortgaging, or otherwise disposing of it. If the wife of
a Catholic abandoned the religion of her husband, she was
immediately free from his control, and the Chancellor
was empowered to assign to her a certain proportion of her
husband's property. If any child, however young, professed
itself a Protestant, it was at once taken from the father's
care, and the Chancellor could oblige the father to declare
upon oath the value of his property, both real and personal,
and could assign for the present maintenance and future
portion of the converted child such proportion of that
property as the court might decree. No Catholic could be
guardian either to his own children or to those of another
person; and therefore a Catholic who died while his
children were minors had the bitterness of reflecting upon
his death-bed that they must pass into the care of Protestants.
An annuity of from twenty to forty pounds was
provided as a bribe for every priest who would become
a Protestant. To convert a Protestant to Catholicism was
a capital offence. In every walk of life the Catholic was
pursued by persecution or restriction. Except in the linen
trade, he could not have more than two apprentices. He
could not possess a horse of the value of more than five
pounds, and any Protestant, on giving him five pounds, could
take his horse. He was compelled to pay double to the
militia. He was forbidden, except under particular conditions,
to live in Galway or Limerick. In case of war with
a Catholic power, the Catholics were obliged to reimburse
the damage done by the enemy's privateers. The Legislature,
it is true, did not venture absolutely to suppress their
worship, but it existed only by a doubtful connivance—stigmatized
as if it were a species of licensed prostitution,
and subject to conditions which, if they had been enforced,
would have rendered its continuance impossible. An old
law which prohibited it, and another which enjoined
attendance at the Anglican worship, remained unrepealed,
and might at any time be revived; and the former was, in
fact, enforced during the Scotch rebellion of 1715. The
parish priests, who alone were allowed to officiate, were
compelled to be registered, and were forbidden to keep
curates or to officiate anywhere except in their own parishes.
The chapels might not have bells or steeples. No crosses
might be publicly erected. Pilgrimages to the holy wells
were forbidden. Not only all monks and friars, but also
all Catholic archbishops, bishops, deacons, and other dignitaries,
were ordered by a certain day to leave the country;
and if after that date they were found in Ireland they were
liable to be first imprisoned and then banished; and if after
that banishment they returned to discharge their duty in
their dioceses, they were liable to the punishment of death.
To facilitate the discovery of offences against the code, two
justices of the peace might at any time compel any Catholic
of eighteen years of age to declare when and where he last
heard Mass, what persons were present, and who officiated;
and if he refused to give evidence they might imprison him
for twelve months, or until he paid a fine of twenty pounds.
Any one who harboured ecclesiastics from beyond the seas
was subject to fines which for the third offence amounted
to confiscation of all his goods. A graduated scale of
rewards was offered for the discovery of Catholic bishops,
priests, and schoolmasters; and a resolution of the House
of Commons pronounced 'the prosecuting and informing
against Papists' 'an honourable service to the Government.'
"Such were the principal articles of this famous code—a
code which Burke truly described as 'well digested and
well disposed in all its parts; a machine of wise and elaborate
contrivance, and as well fitted for the oppression, impoverishment,
and degradation of a people, and the debasement
in them of human nature itself, as ever proceeded
from the perverted ingenuity of man.'"[31]
The effects of these laws Mr. Lecky has described thus:
"The economical and moral effects of the penal laws
were, however, profoundly disastrous. The productive
energies of the nation were fatally diminished. Almost all
Catholics of energy and talent who refused to abandon their
faith emigrated to foreign lands. The relation of classes
was permanently vitiated; for almost all the proprietary of
the country belonged to one religion, while the great majority
of their tenants were of another. The Catholics, excluded
from almost every possibility of eminence, deprived of their
natural leaders, and consigned by the Legislature to utter
ignorance, soon sank into the condition of broken and
dispirited helots. A total absence of industrial virtues, a
cowering and abject deference to authority, a recklessness
about the future, a love of secret illegal combinations,
became general among them. Above all, they learned
to regard law as merely the expression of force, and its
moral weight was utterly destroyed. For the greater part
of a century, the main object of the Legislature was to
extirpate a religion by the encouragement of the worst, and
the punishment of some of the best qualities of our
nature. Its rewards were reserved for the informer, for the
hypocrite, for the undutiful son, or for the faithless wife.
Its penalties were directed against religious constancy and
the honest discharge of ecclesiastical duty.
"It would, indeed, be scarcely possible to conceive a more
infamous system of legal tyranny than that which in the
middle of the eighteenth century crushed every class and
almost every interest in Ireland."[32]
But laws were not only passed against the native race
and the national religion. Measures were taken to destroy
the industries of the country, and to involve natives and
colonists, Protestants and Catholics, in common ruin.
Mr. Lecky shall tell the story.
"The commercial and industrial condition of the
country was, if possible, more deplorable than its political
condition, and was the result of a series of English measures
which for deliberate and selfish tyranny could hardly be
surpassed. Until the reign of Charles II. the Irish shared
the commercial privileges of the English; but as the island
had not been really conquered till the reign of Elizabeth,
and as its people were till then scarcely removed from
barbarism, the progress was necessarily slow. In the early
Stuart reigns, however, comparative repose and good
government were followed by a sudden rush of prosperity.
The land was chiefly pasture, for which it was admirably
adapted; the export of live cattle to England was carried on
upon a large scale, and it became a chief source of Irish
wealth. The English landowners, however, took the alarm.
They complained that Irish rivalry in the cattle market was
reducing English rents; and accordingly, by an Act which
was first passed in 1663, and was made perpetual in 1666,
the importation of cattle into England was forbidden.
"The effect of a measure of this kind, levelled at the
principal article of the commerce of the nation, was necessarily
most disastrous. The profound modification which it
introduced into the course of Irish industry was sufficiently
shown by the estimate of Sir W. Petty, who declares that
before the statute three-fourths of the trade of Ireland was
with England, but not one-fourth of it since that time. In
the very year when this Bill was passed another measure
was taken not less fatal to the interest of the country. In
the first Navigation Act, Ireland was placed on the same
terms as England; but in the Act as amended in 1663 she
was omitted, and was thus deprived of the whole Colonial
trade. With the exception of a very few specified articles
no European merchandise could be imported into the
British Colonies except directly from England, in ships built
in England, and manned chiefly by English sailors. No
articles, with a few exceptions, could be brought from the
Colonies to Europe without being first unladen in England.
In 1670 this exclusion of Ireland was confirmed, and in
1696 it was rendered more stringent, for it was enacted that
no goods of any sort could be imported directly from the
Colonies to Ireland. It will be remembered that at this
time the chief British Colonies were those of America, and
that Ireland, by her geographical position, was naturally of
all countries most fitted for the American trade.
"As far, then, as the Colonial trade was concerned,
Ireland at this time gained nothing whatever by her connection
with England. To other countries, however, her
ports were still open, and in time of peace a foreign
commerce was unrestricted. When forbidden to export
their cattle to England, the Irish turned their land chiefly
into sheep-walks, and proceeded energetically to manufacture
the wool. Some faint traces of this manufacture may be
detected from an early period, and Lord Strafford, when
governing Ireland, had mentioned it with a characteristic
comment. Speaking of the Irish he says, 'There was little
or no manufactures amongst them, but some small beginnings
towards a cloth trade, which I had and so should still discourage
all I could, unless otherwise directed by His
Majesty and their Lordships. It might be feared that they
would beat us out of the trade itself by underselling us,
which they were able to do.' With the exception, however, of
an abortive effort by this governor, the Irish wool manufacture
was in no degree impeded, and was indeed mentioned
with special favour in many Acts of Parliament; and it was
in a great degree on the faith of this long-continued legislative
sanction that it was so greatly expanded. The
poverty of Ireland, the low state of civilization of a large
proportion of its inhabitants, the effects of the civil wars
which had so recently convulsed it, and the exclusion of its
products from the English Colonies, were doubtless great
obstacles to manufacturing enterprise; but, on the other
hand, Irish wool was very good, living was cheaper, taxes
were lighter than in England, a spirit of real industrial
energy began to pervade the country, and a considerable
number of English manufacturers came over to colonize it.
There appeared for a time every probability that the Irish
would become an industrial nation, and, had manufactures
arisen, their whole social, political, and economical condition
would have been changed. But English jealousy again
interposed. By an Act of crushing and unprecedented
severity, which was introduced in 1698 and carried in 1699,
the export of the Irish woollen manufactures, not only to
England, but also to all other countries, was absolutely
forbidden.
"The effects of this measure were terrible almost beyond
conception. The main industry of the country was at a
blow completely and irretrievably annihilated. A vast
population was thrown into a condition of utter destitution.
Several thousands of manufacturers left the country, and
carried their skill and enterprise to Germany, France, and
Spain. The western and southern districts of Ireland are
said to have been nearly depopulated. Emigration to
America began on a large scale, and the blow was so severe
that long after, a kind of chronic famine prevailed."[33]
Mr. Lecky relates with pride how the penal code was
relaxed, and the commercial restrictions were removed,
while the Irish Parliament, essentially a Protestant and
landlord body, still existed, and shows how the cause of
Catholic Emancipation was retarded by the Union.
"The Relief Bill of '93 naturally suggests a consideration
of the question so often agitated in Ireland, whether the
Union was really a benefit to the Roman Catholic cause.
It has been argued that Catholic Emancipation was an impossibility
as long as the Irish Parliament lasted; for in a
country where the great majority were Roman Catholics, it
would be folly to expect the members of the dominant
creed to surrender a monopoly on which their ascendency
depended. The arguments against this view are, I believe,
overwhelming. The injustice of the disqualification was
far more striking before the Union than after it. In the
one case, the Roman Catholics were excluded from the
Parliament of a nation of which they were the great majority;
in the other, they were excluded from the Parliament of an
empire in which they were a small minority. Grattan, Plunket,
Curran, Burrowes, and Ponsonby were the great supporters of
Catholic Emancipation, and the great opponents of the Union.
Clare and Duigenan were the two great opponents of
emancipation, and the great supporters of the Union. At
a time when scarcely any public opinion existed in Ireland,
when the Roman Catholics were nearly quiescent, and
when the leaning of Government was generally liberal, the
Irish Protestants admitted their fellow-subjects to the
magistracy, to the jury-box, and to the franchise. By
this last measure they gave them an amount of political
power which necessarily implied complete emancipation.
Even if no leader of genius had arisen in the Roman
Catholic ranks, and if no spirit of enthusiasm had animated
their councils, the influence possessed by a body who
formed three fourths of the population, who were rapidly
rising in wealth, and who could send their representatives
to Parliament, would have been sufficient to ensure their
triumph. If the Irish Legislature had continued, it would
have been found impossible to resist the demand for reform;
and every reform, by diminishing the overgrown power of a
few Protestant landholders, would have increased that of the
Roman Catholics. The concession accorded in 1793 was,
in fact, far greater and more important than that accorded
in 1829, and it placed the Roman Catholics, in a great
measure, above the mercy of Protestants. But this was not
all. The sympathies of the Protestants were being rapidly
enlisted in their behalf. The generation to which Charlemont
and Flood belonged had passed away, and all the
leading intellects of the country, almost all the Opposition,
and several conspicuous members of the Government, were
warmly in favour of emancipation. The rancour which at
present exists between the members of the two creeds
appears then to have been almost unknown, and the real
obstacle to emancipation was not the feelings of the people,
but the policy of the Government. The Bar may be considered
on most subjects a very fair exponent of the educated
opinion of the nation; and Wolf Tone observed, in 1792,
that it was almost unanimous in favour of the Catholics;
and it is not without importance, as showing the tendencies
of the rising generation, that a large body of the
students of Dublin University in 1795 presented an address
to Grattan, thanking him for his labours in the cause. The
Roman Catholics were rapidly gaining the public opinion
of Ireland, when the Union arrayed against them another
public opinion which was deeply prejudiced against their
faith, and almost entirely removed from their influence.
Compare the twenty years before the Union with the
twenty years that followed it, and the change is sufficiently
manifest. There can scarcely be a question that if Lord
Fitzwilliam had remained in office the Irish Parliament would
readily have given emancipation. In the United Parliament
for many years it was obstinately rejected, and if O'Connell
had never arisen it would probably never have been granted
unqualified by the veto. In 1828 when the question was
brought forward in Parliament, sixty-one out of ninety-three
Irish members, forty-five out of sixty-one Irish county
members, voted in its favour. Year after year Grattan and
Plunket brought forward the case of their fellow-countrymen
with an eloquence and a perseverance worthy of their
great cause; but year after year they were defeated. It was
not till the great tribune had arisen, till he had moulded
his co-religionists into one compact and threatening mass,
and had brought the country to the verge of revolution,
that the tardy boon was conceded. Eloquence and argument
proved alike unavailing when unaccompanied by
menace, and Catholic Emancipation was confessedly granted
because to withhold it would be to produce a rebellion."[34]
Many people will think that this is a sufficiently weighty
condemnation of the Union, but what follows is a still
graver reflection on that untoward measure.
"In truth the harmonious co-operation of Ireland with
England depends much less upon the framework of the
institutions of the former country than upon the dispositions
of its people and upon the classes who guide its
political life. With a warm and loyal attachment to the
connection pervading the nation, the largest amount of self-government
might be safely conceded, and the most defective
political arrangement might prove innocuous. This is the
true cement of nations, and no change, however plausible
in theory, can be really advantageous which contributes to
diminish it. Theorists may argue that it would be better for
Ireland to become in every respect a province of England;
they may contend that a union of Legislatures, accompanied
by a corresponding fusion of characters and identification
of hopes, interests, and desires, would strengthen
the empire; but as a matter of fact this was not what was
effected in 1800. The measure of Pitt centralized, but it
did not unite, or rather, by uniting the Legislatures it
divided the nations. In a country where the sentiment
of nationality was as intense as in any part of Europe, it
destroyed the national Legislature contrary to the manifest
wish of the people, and by means so corrupt, treacherous,
and shameful that they are never likely to be forgotten.
In a country where, owing to the religious difference, it was
peculiarly necessary that a vigorous lay public opinion
should be fostered to dilute or restrain the sectarian spirit,
it suppressed the centre and organ of political life, directed
the energies of the community into the channels of sectarianism,
drove its humours inwards, and thus began a
perversion of public opinion which has almost destroyed
the elements of political progress. In a country where the
people have always been singularly destitute of self-reliance,
and at the same time eminently faithful to their leaders, it
withdrew the guidance of affairs from the hands of the
resident gentry, and, by breaking their power, prepared the
ascendency of the demagogue or the rebel. In two plain
ways it was dangerous to the connection: it incalculably
increased the aggregate disloyalty of the people, and it
destroyed the political supremacy of the class that is
most attached to the connection. The Irish Parliament,
with all its faults, was an eminently loyal body. The Irish
people through the eighteenth century, in spite of great
provocations, were on the whole a loyal people till the recall
of Lord Fitzwilliam, and even then a few very moderate
measures of reform might have reclaimed them. Burke,
in his Letters on a Regicide Peace, when reviewing the
elements of strength on which England could confide in her
struggle with revolutionary France, placed in the very first
rank the co-operation of Ireland. At the present day, it
is to be feared that most impartial men would regard
Ireland, in the event of a great European war, rather as
a source of weakness than of strength. More than seventy
years have passed since the boasted measure of Pitt, and
it is unfortunately incontestable that the lower orders in
Ireland are as hostile to the system of government under
which they live as the Hungarian people have ever been to
Austrian, or the Roman to Papal rule; that Irish disloyalty is
multiplying enemies of England wherever the English tongue
is spoken; and that the national sentiment runs so strongly
that multitudes of Irish Catholics look back with deep
affection to the Irish Parliament, although no Catholic could
sit within its walls, and although it was only during the last
seven years of its independent existence that Catholics
could vote for its members. Among the opponents of the
Union were many of the most loyal, as well as nearly all
the ablest men in Ireland; and Lord Charlemont, who died
shortly before the measure was consummated, summed up
the feelings of many in the emphatic sentence with which
he protested against it. 'It would more than any other
measure,' he said, 'contribute to the separation of two
countries the perpetual connection of which is one of the
warmest wishes of my heart.'
"In fact, the Union of 1800 was not only a great crime,
but was also, like most crimes, a great blunder. The manner
in which it was carried was not only morally scandalous;
it also entirely vitiated it as a work of statesmanship. No
great political measure can be rationally judged upon its
abstract merits, and without considering the character and
the wishes of the people for whom it is intended. It is now
idle to discuss what might have been the effect of a Union
if it had been carried before 1782, when the Parliament
was still unemancipated; if it had been the result of a
spontaneous movement of public opinion; if it had been
accompanied by the emancipation of the Catholics. Carried
as it was prematurely, in defiance of the national sentiment
of the people and of the protests of the unbribed talent
of the country, it has deranged the whole course of political
development, driven a large proportion of the people into
sullen disloyalty, and almost destroyed healthy public
opinion. In comparing the abundance of political talent
in Ireland during the last century with the striking absence
of it at present, something no doubt may be attributed to
the absence of protection for literary property in Ireland
in the former period, which may have directed an unusual
portion of the national talent to politics, and something
to the Colonial and Indian careers which have of late years
been thrown open to competition; but when all due allowances
have been made for these, the contrast is sufficiently
impressive. Few impartial men can doubt that the tone
of political life and the standard of political talent have been
lowered, while sectarian animosity has been greatly increased,
and the extent to which Fenian principles have permeated
the people is a melancholy comment upon the prophesies
that the Union would put an end to disloyalty in Ireland."[35]
Mr. Lecky's views as to what ought to have been
done in 1800 deserve to be set forth.
"While, however, the Irish policy of Pitt appears to
be both morally and politically deserving of almost unmitigated
condemnation, I cannot agree with those who believe
that the arrangement of 1782 could have been permanent.
The Irish Parliament would doubtless have been in time reformed,
but it would have soon found its situation intolerable.
Imperial policy must necessarily have been settled by
the Imperial Parliament, in which Ireland had no voice; and,
unlike Canada or Australia, Ireland is profoundly affected by
every change of Imperial policy. Connection with England
was of overwhelming importance to the lesser country, while
the tie uniting them would have been found degrading by
one nation and inconvenient to the other. Under such
circumstances a Union of some kind was inevitable. It
was simply a question of time, and must have been demanded
by Irish opinion. At the same time, it would not,
I think, have been such a Union as that of 1800. The
conditions of Irish and English politics are so extremely
different, and the reasons for preserving in Ireland a local
centre of political life are so powerful, that it is probable
a Federal Union would have been preferred. Under such
a system the Irish Parliament would have continued to
exist, but would have been restricted to purely local subjects,
while an Imperial Parliament, in which Irish representatives
sat, would have directed the policy of the
empire."[36]
MR. GOLDWIN SMITH.
None of the recent opponents of Home Rule have
written against that policy with more brilliance and epigrammatic
keenness than Mr. Goldwin Smith. But no one
has stated with more force the facts and considerations
which, operating on men's mind for years past, have made
the Liberal party Home Rulers now. His coup d'oeil
remains the most pointed indictment ever drawn from the
historical annals of Ireland against the English methods
of governing that country. Twenty years ago he anticipated
the advice recently given by Mr. Gladstone. In 1867 he
wrote:—
"I have myself sought and found in the study of Irish
history the explanation of the paradox, that a people with so
many gifts, so amiable, naturally so submissive to rulers, and
everywhere but in their own country industrious, are in
their own country bywords of idleness, lawlessness, disaffection,
and agrarian crime."[37] He explains the paradox thus:
"But it is difficult to distinguish the faults of the Irish from
their misfortunes. It has been well said of their past industrial
character and history,—'We were reckless, ignorant,
improvident, drunken, and idle. We were idle, for we had
nothing to do; we were reckless, for we had no hope; we
were ignorant, for learning was denied us; we were improvident,
for we had no future; we were drunken, for we
sought to forget our misery. That time has passed away
for ever.' No part of this defence is probably more true
than that which connects the drunkenness of the Irish
people with their misery. Drunkenness is, generally speaking,
the vice of despair; and it springs from the despair of
the Irish peasant as rankly as from that of his English fellow.
The sums of money which have lately been transmitted by
Irish emigrants to their friends in Ireland seem a conclusive
answer to much loose denunciation of the national character,
both in a moral and an industrial point of view.... There
seems no good reason for believing that the Irish Kelts are
averse to labour, provided they be placed, as people of all
races require to be placed, for two or three generations in
circumstances favourable to industry."[38] He shows that
the Irish have not been so placed. "Still more does
justice require that allowance should be made on historical
grounds for the failings of the Irish people. If they are
wanting in industry, in regard for the rights of property, in
reverence for the law, history furnishes a full explanation
of their defects, without supposing in them any inherent
depravity, or even any inherent weakness. They have
never had the advantage of the training through which
other nations have passed in their gradual rise from barbarism
to civilization. The progress of the Irish people
was arrested at almost a primitive stage, and a series of
calamities, following close upon each other, have prevented
it from ever fairly resuming its course. The pressure of
overwhelming misery has now been reduced; government
has become mild and just; the civilizing agency of education
has been introduced; the upper classes are rapidly returning
to their duty, and the natural effect is at once seen
in the improved character of the people. Statesmen are
bound to be well acquainted with the historical sources
of the evil with which they have to deal, especially when
those evils are of such a nature as, at first aspect, to imply
depravity in a nation. There are still speakers and writers
who seem to think that the Irish are incurably vicious,
because the accumulated effects of so many centuries
cannot be removed at once by a wave of the legislator's
wand. Some still believe, or affect to believe, that the
very air of the island is destructive of the characters and
understandings of all who breathe it."[39]
Elsewhere he adds, referring to the land system:
"How many centuries of a widely different training
have the English people gone through in order to acquire
their boasted love of law."[40]
Of the "training" through which the Irish went, he
says—
"The existing settlement of land in Ireland, whether
dating from the confiscations of the Stuarts, or from
those of Cromwell, rests on a proscription three or four
times as long as that on which the settlement of land
rests over a considerable part of France. It may, therefore,
be considered as placed upon discussion in the estimation
of all sane men; and, this being the case, it is safe to
observe that no inherent want of respect for property is
shown by the Irish people if a proprietorship which had its
origin within historical memory in flagrant wrong is less
sacred in their eyes than it would be if it had its origin in
immemorial right."[41]
The character which he gives of Irish landlordism
deserves to be quoted:
"The Cromwellian landowners soon lost their religious
character, while they retained all the hardness of the fanatic
and the feelings of Puritan conquerors towards a conquered
Catholic people. 'I have eaten with them,' said one, 'drunk
with them, fought with them; but I never prayed with them.'
Their descendants became, probably, the very worst upper
class with which a country was ever afflicted. The habits of
the Irish gentry grew beyond measure brutal and reckless, and
the coarseness of their debaucheries would have disgusted
the crew of Comus. Their drunkenness, their blasphemy,
their ferocious duelling, left the squires of England far
behind. If there was a grotesque side to their vices which
mingles laughter with our reprobation, this did not render
their influence less pestilent to the community of which the
motive of destiny had made them social chiefs. Fortunately,
their recklessness was sure, in the end, to work, to
a certain extent, its own cure; and in the background of
their swinish and uproarious drinking-bouts, the Encumbered
Estates Act rises to our view."[42]
Mr. Goldwin Smith deals with agrarian crime thus:
"The atrocities perpetrated by the Whiteboys, especially
in the earlier period of agrarianism (for they afterwards grew
somewhat less inhuman), are such as to make the flesh creep.
No language can be too strong in speaking of the horrors of
such a state of society. But it would be unjust to confound
these agrarian conspiracies with ordinary crime, or to suppose
that they imply a propensity to ordinary crime either
on the part of those who commit them, or on the part of the
people who connive at and favour their commission. In
the districts where agrarian conspiracy and outrage were
most rife, the number of ordinary crimes was very small.
In Munster, in 1833, out of 973 crimes, 627 were Whiteboy,
or agrarian, and even of the remainder, many, being crimes
of violence, were probably committed from the same motive.
"In plain truth, the secret tribunals which administered
the Whiteboy code were to the people the organs of a wild
law of social morality by which, on the whole, the interest
of the peasant was protected. They were not regular
tribunals; neither were the secret tribunals of Germany in
the Middle Ages, the existence of which, and the submission
of the people to their jurisdiction, implied the
presence of much violence, but not of much depravity, considering
the wildness of the times. The Whiteboys 'found
in their favour already existing a general and settled hatred
of the law among the great body of the peasantry.'[43] We
have seen how much the law, and the ministers of the law,
had done to deserve the peasant's love. We have seen,
too, in what successive guises property had presented itself
to his mind: first as open rapine; then as robbery carried
on through the roguish technicalities of an alien code; finally
as legalized and systematic oppression. Was it possible
that he should have formed so affectionate a reverence
either for law or property as would be proof against the
pressure of starvation?"[44] "A people cannot be expected
to love and reverence oppression because it is consigned to
the statute-book, and called law."[45]
These extracts are taken from Irish History and Irish
Character, which was published in 1861. But in 1867 Mr.
Goldwin Smith wrote a series of letters to the Daily News,
which were republished in 1868 under the title of The Irish
Question; and these letters form, perhaps, the most statesmanlike
and far-seeing pronouncement that has ever been
made on the Irish difficulty.
In the preface Mr. Goldwin Smith begins:
"The Irish legislation of the last forty years, notwithstanding
the adoption of some remedial measures, has failed
through the indifference of Parliament to the sentiments
of Irishmen; and the harshness of English public opinion
has embittered the effects on Irish feeling of the indifference
of Parliament. Occasionally a serious effort has been made
by an English statesman to induce Parliament to approach
Irish questions in that spirit of sympathy, and with that
anxious desire to be just, without which a Parliament in
London cannot legislate wisely for Ireland. Such efforts
have hitherto met with no response; is it too much to hope
that it will be otherwise in the year now opening?"[46]
The only comment I shall make on these words is: they
were penned more than half a century after Mr. Pitt's
Union, which was to shower down blessings on the Irish
people.
Mr. Goldwin Smith's first letter was written on the 23rd of
November, 1867, the day of the execution of the Fenians
Allen, Larkin, and O'Brien. He says—
"There can be no doubt, I apprehend, that the Irish
difficulty has entered on a new phase, and that Irish disaffection
has, to repeat an expression which I heard used in Ireland,
come fairly into a line with the other discontented nationalities
of Europe. Active Fenianism probably pervades only
the lowest class; passive sympathy, which the success of the
movement would at once convert into active co-operation,
extends, it is to be feared, a good deal higher.
"England has ruin before her, unless she can hit on a
remedy, and overcome any obstacles of class interest or of
national pride which would prevent its application, the part
of Russia in Poland, or of Austria in Italy—a part cruel,
hateful, demoralizing, contrary to all our high principles and
professions, and fraught with dangers to our own freedom.
Our position will be worse than that of Russia in this
respect, that, while her Poland is only a province, our
Fenianism is an element pervading every city of the United
Kingdom in which Irish abound, and allying itself with
kindred misery, discontent, and disorder. Wretchedness,
the result of misgovernment, has caused the Irish people to
multiply with the recklessness of despair, and now here are
their avenging hosts in the midst of us, here is the poison of
their disaffection running through every member of our
social frame. Not only so, but the same wretchedness has
sent millions of emigrants to form an Irish nation in the
United States, where the Irish are a great political power,
swaying by their votes the councils of the American
Republic, and in immediate contact with those Transatlantic
possessions of England, the retention of which
it is now patriotic to applaud, and will one day be patriotic
to have dissuaded.
" ... That Ireland is not at this moment, materially
speaking, in a particularly suffering state, but, on the contrary,
the farmers are rather prosperous, and wages, even
when allowance is made for the rise in the price of provisions,
considerably higher than they were, only adds to the
significance of this widespread disaffection.
"The Fenian movement is not religious, nor radically
economical (though no doubt it has in it a socialistic
element), but national, and the remedy for it must be one
which cures national discontent. This is the great truth
which the English people have to lay to heart."[47]
Mr. Goldwin Smith then dispels the notion that the Irish
question is a religious one.
"When Fenianism first appeared, the Orangemen, in
accordance with their fixed idea, ascribed it to the priests.
They were undeceived, I was told, by seeing a priest run
away from the Fenians in fear of his life."[48]
Neither was it a question of the land.
"The land question, no doubt, lies nearer to the heart
of the matter, and it is the great key to Irish history in
the past; but I do not believe that even this is fundamental."
He then states what is "fundamental."[49]
"The real root of the disaffection which exhibits itself at
present in the guise of Fenianism, and which has been
suddenly kindled into flame by the arming of the Irish in
the American civil war, but which existed before in a
nameless and smouldering state, is, as I believe, the want of
national institutions, of a national capital, of any objects
of national reverence and attachment, and consequently of
anything deserving to be called national life. The English
Crown and Parliament the Irish have never learnt, nor have
they had any chance of learning, to love, or to regard as
national, notwithstanding the share which was given them,
too late, in the representation. The greatness of England
is nothing to them. Her history is nothing, or worse. The
success of Irishmen in London consoles the Irish in
Ireland no more than the success of Italian adventurers in
foreign countries (which was very remarkable) consoled the
Italian people. The drawing off of Irish talent, in fact,
turns to an additional grievance in their minds. Dublin is
a modern Tara, a metropolis from which the glory has
departed; and the viceroyalty, though it pleases some of
the tradesmen, fails altogether to satisfy the people. 'In
Ireland we can make no appeal to patriotism, we can have
no patriotic sentiments in our schoolbooks, no patriotic
emblems in our schools, because in Ireland everything
patriotic is rebellious.' These were the words uttered in
my hearing, not by a complaining demagogue, but by a
desponding statesman. They seemed to me pregnant with
fatal truths.
"If the craving for national institutions, and the disaffection
bred in this void of the Irish people's heart, seem to us
irrational and even insane, in the absence of any more
substantial grievance, we ought to ask ourselves what
would become of our own patriotism if we had no national
institutions, no objects of national loyalty and reverence,
even though we might be pretty well governed, at least in
intention, by a neighbouring people whom we regarded as
aliens, and who, in fact, regarded us pretty much in the
same light. Let us first judge ourselves fairly, and then
judge the Irish, remembering always that they are more
imaginative and sentimental, and need some centre of
national feeling and affection more than ourselves."[50]
And all this was written sixty-seven years after the
Union of 1800.
Mr. Goldwin Smith then deals with the subject of the
Irish and Scotch unions much in the same way as Mr.
Lecky.
"The incorporation of the Scotch nation with the
English, being conducted on the right principles by the
great Whig statesman of Anne, has been perfectly successful.
The attempt to incorporate the Irish nation with the
English and Scotch, the success of which would have been,
if possible, a still greater blessing, being conducted by very
different people and on very different principles, has unhappily
failed. What might have been the result if even the
Hanoverian sovereigns had done the personal duty to their
Irish kingdom which they have unfortunately neglected, it
is now too late to inquire. The Irish Union has missed its
port, and, in order to reach it, will have to tack again. We
may hold down a dependency, of course, by force, in
Russian and Austrian fashion; but force will never make
the hearts of two nations one, especially when they are
divided by the sea. Once get rid of this deadly international
hatred, and there will be hope of real union in
the future."[51]
Mr. Goldwin Smith finally proposes a "plan" by which
the "deadly international hatred" might be got rid of, and
a "real union" brought about. Here it is.
"1. The residence of the Court at Dublin, not merely
to gratify the popular love of royalty and its pageantries,
which no man of sense desires to stimulate, but to assure
the Irish people, in the only way possible as regards the
mass of them, that the sovereign of the United Kingdom is
really their sovereign, and that they are equally cared for
and honoured with the other subjects of the realm. This
would also tend to make Dublin a real capital, and to
gather and retain there a portion of the Irish talent which
now seeks its fortune elsewhere.
"2. An occasional session (say once in every three years)
of the Imperial Parliament in Dublin, partly for the same
purposes as the last proposal, but also because the circumstances
of Ireland are likely to be, for some time at least,
really peculiar, and the personal acquaintance of our legislators
with them is the only sufficient security for good Irish
legislation. There could be no serious difficulty in holding
a short session in the Irish capital, where there is plenty of
accommodation for both Houses.
"3. A liberal measure of local self-government for
Ireland. I would not vest the power in any single assembly
for all Ireland, because Ulster is really a different country
from the other provinces. I would give each province a
council of its own, and empower that council to legislate
(subject, of course, to the supremacy of the Imperial Parliament)
on all matters not essential to the political and
legal unity of the empire, in which I would include local
education. The provincial councils should of course be
elective, and the register of electors might be the same as
that of electors to the Imperial Parliament. In England
itself the extension of local institutions, as political training
schools for the masses, as checks upon the sweeping action
of the great central assembly, and as the best organs of
legislation in all matters requiring (as popular education,
among others, does) adaptation to the circumstances of particular
districts, would, I think, have formed a part of any
statesmanlike revision of our political system. Here, also,
much good might be done, and much evil averted, by committing
the present business of quarter sessions, other than
the judicial business, together with such other matters as
the central legislative might think fit to vest in local hands,
to an assembly elected by the county."[52]
Thus it will be seen that twenty years ago Mr. Goldwin
Smith anticipated Mr. Chamberlain's scheme of provincial
councils, and got a good way on the road to an Irish
Parliament.
MR. DICEY.
A fairer controversalist, or an abler supporter of the
"paper Union," than Mr. Dicey there is not; nevertheless
no man has fired more effective shots into Mr. Pitt's
unfortunate arrangement of 1800.
How well has the "failure" of that arrangement been
described in these pithy sentences—"Eighty-six years have
elapsed since the conclusion of the Treaty of Union between
England and Ireland. The two countries do not yet form
an united nation. The Irish people are, if not more
wretched (for the whole European world has made progress,
and Ireland with it), yet more conscious of wretchedness,
and Irish disaffection to England is, if not deeper, more
widespread than in 1800. An Act meant by its authors to
be a source of the prosperity and concord which, though
slowly, followed upon the Union with Scotland, has not
made Ireland rich, has not put an end to Irish lawlessness,
has not terminated the feud between Protestants and
Catholics, has not raised the position of Irish tenants, has
not taken away the causes of Irish discontent, and has,
therefore, not removed Irish disloyalty. This is the indictment
which can fairly be brought against the Act of
Union."[53]
What follows reflects honour on Mr. Dicey as an honest
opponent who does not shrink from facts; but what
a wholesale condemnation of the policy of the Imperial
Parliament!
"On one point alone (it may be urged) all men, of whatever
party or of whatever nation, who have seriously studied the
annals of Ireland are agreed—the history is a record of incessant
failure on the part of the Government, and of incessant
misery on the part of the people. On this matter, if on no
other, De Beaumont, Froude, and Lecky are at one. As to
the guilt of the failure or the cause of the misery, men may
and do differ; that England, whether from her own fault
or the fault of the Irish people, or from perversity of circumstances,
has failed in Ireland of achieving the elementary
results of good government is as certain as any fact of
history or of experience. Every scheme has been tried in
turn, and no scheme has succeeded or has even, it may be
suggested, produced its natural effects. Oppression of the
Catholics has increased the adherents and strengthened the
hold of Catholicism. Protestant supremacy, while it lasted,
did not lead even to Protestant contentment, and the one
successful act of resistance to the English dominion was
effected by a Protestant Parliament supported by an army
of volunteers, led by a body of Protestant officers. The
independence gained by a Protestant Parliament led, after
eighteen years, to a rebellion so reckless and savage that it
caused, if it did not justify, the destruction of the Parliament
and the carrying of the Union. The Act of Union did not
lead to national unity, and a measure which appeared on
the face of it (though the appearance, it must be admitted,
was delusive) to be a copy of the law which bound England
and Scotland into a common country inspired by common
patriotism, produced conspiracy and agitation, and at last
placed England and Ireland further apart, morally, than
they stood at the beginning of the century. The Treaty of
Union, it was supposed, missed its mark because it was not
combined with Catholic Emancipation. The Catholics were
emancipated, but emancipation, instead of producing
loyalty, brought forth the cry for repeal. The Repeal movement
ended in failure, but its death gave birth to the
attempted rebellion in 1848. Suppressed rebellion begot
Fenianism, to be followed in its turn by the agitation for
Home Rule. The movement relies, it is said, and there is
truth in the assertion, on constitutional methods for obtaining
redress. But constitutional measures are supplemented by
boycotting, by obstruction, by the use of dynamite. A
century of reform has given us Mr. Parnell instead of
Grattan, and it is more than possible that Mr. Parnell may
be succeeded by leaders in whose eyes Mr. Davitt's policy
may appear to be tainted with moderation. No doubt, in
each case the failure of good measures admits, like every
calamity in public or private life, of explanation, and after
the event it is easy to see why, for example, the Poor Law,
when extended to Ireland, did not produce even the good
effects such as they are which in England are to be set against
its numerous evils; or why an emigration of unparalleled
proportions has diminished population without much diminishing
poverty; why the disestablishment of the Anglican
Church has increased rather than diminished the hostility to
England of the Catholic priesthood; or why two Land Acts
have not contented Irish farmers. It is easy enough, in
short, and this without having any recourse to theory of
race, and without attributing to Ireland either more or less
of original sin than falls to the lot of humanity, to see how
it is that imperfect statesmanship—and all statesmanship, it
should be remembered, is imperfect—has failed in obtaining
good results at all commensurate with its generally good
intentions. Failure, however, is none the less failure because
its causes admit of analysis. It is no defence to
bankruptcy that an insolvent can, when brought before the
Court, lucidly explain the errors which resulted in disastrous
speculations. The failure of English statesmanship, explain
it as you will, has produced the one last and greatest evil
which misgovernment can cause. It has created hostility to
the law in the minds of the people. The law cannot work
in Ireland because the classes whose opinion in other
countries supports the actions of the courts, are in Ireland,
even when not law-breakers, in full sympathy with law-breakers."[54]
No Home Ruler has described the evils of English misrule
in Ireland with such vigour as this.
"Bad administration, religious persecution, above all, a
thoroughly vicious land tenure, accompanied by such sweeping
confiscations as to make it, at any rate, a plausible assertion
that all land in Ireland has during the course of Irish history
been confiscated at least thrice over, are admittedly some of
the causes, if they do not constitute 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 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, passed 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 the
lowest the acquiescence, of the mass 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 and witnesses meet with the
execration and often with the fate of criminals. On such
a point it is best to take the opinion of a foreigner unaffected
by prejudices or passions from which no Englishman
or Irishman has a right to suppose himself free.
"'Quand vous en êtes arroês à ce point, croyez bien que
dans cette voie de regueurs tous vos efforts pour rétabler
l'ordre et la paix seront inutiles. En vain, pour réprimer
des crimes atroces, vous appellerez à votre aide toutes les
sévérités du code de Dracon; en vain vous ferez des lois
cruelles pour arrêter le cours de révoltantes cruautés; vainement
vous frapperez de mort le moindre délit se rattachant
à ces grands crimes; vainement, dans l'effroi de votre
impuissance, vous suspendrez le cours des lois ordinaries
proclamerez des comtés entiers en état de suspicion légale,
voilerez le principe de la liberté individuelle, créerez des
cours martiales, des commissions extraordinaires, et pour
produire de salutaires impressions de terreur, multiplierez à
l'excès les exécutions capitales.'"[55]
The next passage is a trenchant condemnation of the
"Union."
"There exists in Europe no country so completely at
unity with itself as Great Britain. Fifty years of reform
have done their work, and have removed the discontents,
the divisions, the disaffection, and the conspiracies which
marked the first quarter, or the first half of this century.
Great Britain, if left to herself, could act with all the force,
consistency, and energy given by unity of sentiment and
community of interests. The distraction and the uncertainty
of our political aims, the feebleness and inconsistency
with which they are pursued, arise, in part at least, from
the connection with Ireland. Neither Englishmen nor Irishmen
are to blame for the fact that it is difficult for communities
differing in historical associations and in political
conceptions to keep step together in the path of progress.
For other evils arising from the connection the blame must
rest on English Statesmen. All the inherent vices of party
government, all the weaknesses of the parliamentary system,
all the evils arising from the perverse notion that reform
ought always to be preceded by a period of lengthy and
more than half factitious agitation met by equally factitious
resistance, have been fostered and increased by the interaction
of Irish and English politics. No one can believe
that the inveterate habit of ruling one part of the United
Kingdom on principles which no one would venture to
apply to the government of any other part of it, can have
produced anything but the most injurious effect on the
stability of our Government and the character of our public
men. The advocates of Home Rule find by far their
strongest arguments for influencing English opinion, in the
proofs which they produce that England, no less than
Ireland, has suffered from a political arrangement under
which legal union has failed to secure moral union.
These arguments, whatever their strength, are, however, it
must be noted, more available to a Nationalist than to an
advocate of federalism."[56]
The words which I have italicised are an expression of
opinion; but nothing can alter the damning statement of
fact—"legal union has failed to secure moral union." Nevertheless,
Mr. Dicey advocates the maintenance of this legal
union as it stands.
"On the whole, then, it appears that, whatever changes
or calamities the future may have in store, the maintenance
of the Union is at this day the one sound policy for England
to pursue. It is sound because it is expedient; it is sound
because it is just."[57]
I shall not discuss the question of Home Rule with the
eminent writers whose works I have cited. It is enough
that they demonstrate the failure of the Union. So convinced
was Mr. Lecky, in 1871, of its failure, that he
suggested a readjustment of the relations of the two countries
on a federal basis;[58] and Mr. Goldwin Smith, in 1868, contended
that the Irish difficulty could only be settled by the
establishment of Provincial Councils, and an occasional
session of the Imperial Parliament in Dublin. Mr. Dicey
clings to the existing Union while demonstrating its failure,
because he has persuaded himself that the only alternative
is separation.
Irishmen may be pardoned for acting on Mr. Dicey's
facts, and disregarding his prophecies. The mass of Irishmen
believe, with Grattan, that the ocean protests against
separation as the sea protests against such a union as was
attempted in 1800.[59]