Chapter II—The New Constitution

A critic of the new constitution, intent on ascertaining how it affects the relation of Great Britain and Ireland, will do well to divert his attention from the numerous details of the Home Rule Bill, important as many of them are,25 and fix his mind almost exclusively upon the four leading features of the measure.

These are:—

First. The supremacy of the Imperial Parliament.

Secondly. The retention of the Irish members in the Parliament at Westminster.

Thirdly. The powers of the Irish Government, in which term is here included both the Irish Executive and the Irish Parliament.

Fourthly. The Restrictions (popularly known as the safeguards) and the obligations imposed upon the Irish Government.

These features are primary and essential; everything else, however important in itself, is subsidiary and accidental.

A. The Supremacy of the Imperial Parliament26

The Home Rule Bill asserts in its preamble the inexpediency of 'impairing or restricting the supreme authority of Parliament'; and in clause 33, apparently27 assumes the right of the Imperial Parliament after the passing of the Home Rule Bill to enact for Ireland laws which cannot be repealed by the Irish Parliament.

The new constitution therefore maintains the supremacy of the Imperial Parliament.

What, however, is the true meaning of this 'supreme authority,' 'supremacy,' or 'sovereignty,' if you like, of the Imperial Parliament?

The term, as already pointed out,28 is distinctly ambiguous, and unless this ambiguity is cleared up, the effect of the Home Rule Bill, and the nature of our new constitution, will never be understood.

The supremacy of the Imperial Parliament may mean the right and power of Parliament to govern Ireland in the same sense in which it now governs England, that is, to exercise effective control over the whole administration of affairs in Ireland, and for this purpose, through the action of the English Government, or, when necessary, by legislation, to direct, supervise and control the acts of every authority in Ireland, including the Irish Executive and the Irish Legislature. If this were the meaning of the expression, the Imperial Parliament would, after the passing of the Home Rule Bill, as before, be as truly supreme in Ireland as in England, in Scotland, in the Isle of Man, or in Jersey. The Irish Executive and the Irish Parliament would, of course, be bodies possessing large—and it might be very dangerous—delegated powers, but they would stand in the same relation to the Imperial Parliament as does the London County Council, which also possesses large delegated powers, which administers the affairs of a population as large as that of Scotland and which, very possibly, may receive from Parliament as time goes on larger and more extended authority than the Council now possesses. This is the sense which many Gladstonians, and some Unionists, attribute to the term 'supremacy of Parliament.' It is not the sense in which the expression 'supreme authority of Parliament' is used in the Home Rule Bill.

The supremacy of Parliament may bear quite another sense; it may mean that Parliament, whilst completely giving up the management of Irish affairs (subject of course to the Restrictions contained in the Home Rule Bill) to the Irish Executive and the Irish Legislature, retains in Ireland, as elsewhere throughout the Empire, reserved sovereignty, or the theoretical right (which exceptionally though rarely may be put into practice) of passing laws for Ireland and of course, among other laws, an Act modifying or repealing the terms of the Home Rule Bill itself. If this is the meaning of the expression 'supreme authority of Parliament,' the Imperial Parliament will, after the passing of the Home Rule Bill, stand in substance in the relation to Ireland which Parliament occupies towards any important self-governing colony, such as is the Canadian Dominion or New Zealand. The Irish Executive and the Irish Parliament will on this view constitute the real substantial government of Ireland, just as the Ministry and the Parliament of New Zealand constitute the real and substantial government of New Zealand. No doubt the Imperial Parliament will retain the theoretical right to legislate for Ireland, e.g. to pass an Irish Coercion Act, just as Parliament retains the theoretical right to legislate for New Zealand or Canada. So the Imperial Parliament has the legal right to repeal or override any law passed by the New Zealand Parliament, to tax the inhabitants of New Zealand, or finally, by the repeal of the New Zealand Constitution Act, 1852, 15 & 16 Vict. c. 72, to abolish the constitution of New Zealand altogether. But these things Parliament will not, and to speak truly cannot, do in New Zealand. The inhabitants of New Zealand possess as regards their internal affairs for practical purposes complete independence. They are governed from Wellington, they are not governed from Westminster. If in short the supremacy of Parliament means under the Home Rule Bill in Ireland what it means under 15 & 16 Vict. c. 72 in New Zealand, the inhabitants of Ireland will, when the Home Rule Bill passes into law, be governed from Dublin, they will not be governed from Westminster. Every Irish Home Ruler, be he Parnellite or Anti-Parnellite,29 believes that the supremacy of Parliament is intended to mean in Ireland what it means in New Zealand, and the Irish Home Rulers are right. Any one will see that this is so who reflects on the meaning of the policy of Home Rule, who studies the authoritative utterances of Gladstonian leaders, such as Mr. Gladstone30 himself, Mr. Asquith,31 or Mr. Bryce.32 Gladstonian statesmen wrap up their meaning in vague generalities; they insist, and in one sense with truth, that the sovereignty of Parliament is reserved. They do not wish to alarm their English followers. It is possible that they conceal even from themselves how completely the Imperial Ministry and Parliament surrender the practical government of Ireland into the hands of the Irish Parliament and its leaders. But for all this, their own language and the Bill itself prove that the supreme authority of Parliament is under the new constitution to be taken in its limited, and what for the sake of distinction we may call its 'colonial' sense. This is proved, if evidence were wanting, by the provision33 that after fifteen years from the time when the Bill passes into law the financial relations between England and Ireland may be revised in pursuance of an Address to the Crown from the House of Commons or from the Irish legislative assembly. If the Imperial Parliament retains an effective or practically unlimited supremacy, the provision is futile and needless. What necessity is there for enacting that a sovereign Parliament, which institutes, may alter a scheme of taxation? But the provision is intelligible enough on one supposition, and on one supposition only. It is both intelligible and in place if Parliament gives up the real right of governing Ireland and occupies towards what is now a part of the United Kingdom the position, or something very like the position, which Parliament occupies towards a self-governing colony. It then embodies a compact between England and Ireland, and institutes a regular method for revising their financial relations. But this very compact proves that as regards Ireland the Imperial Parliament, if it reserves to itself ultimate sovereignty, has for practical purposes surrendered the reality of control.

There is no need to assert that this supremacy of the Imperial Parliament means nothing. The assertion would not be true. The reservation of sovereign authority means something, but it does not mean much. It does not mean the power or the right to govern Ireland; it means at most the legal and moral right to modify, or put an end to, the new constitution if ever it works badly.

The power, indeed, to abolish the constitution can neither be given nor taken away by Acts of Parliament, by the declarations of English statesmen, or the concessions of Irish leaders, whether authorised or not to pledge the Irish people. It is given to Great Britain, not by enactments, but by nature; it arises from the inherent capacity of a strong, a flourishing, a populous, and a wealthy country to control or coerce a neighbouring island which is poor, divided, and weak.34 This natural supremacy will, if the interests of Great Britain require it, be enforced by armies, by ironclads, by blockades, by hostile tariffs, by all the means through which national predominance can make itself felt. All reference to superior power is, in controversies between citizens, hateful to every man endowed with a sense of humanity or of justice. But in serious discussions facts must be faced, and if, for the sake of argument, I contrast, much against my will, the power of Great Britain with the weakness of Ireland, let it be remembered that the conception of a rivalry or conflict is forced upon Unionists by the mere proposal of Home Rule. As long as we remain a United Kingdom, there is no more need to think even of hypothetical or argumentative opposition between the resources or interest of England and of Ireland than there is to consider what in case of a contest may be the relative force of London and of the Orkneys.

What, then, the new constitution secures is not the power, but the legal right to abolish the new constitution. It is a right to carry through a fundamental change by lawful means. The Bill legalises revolution. This is well, for it is desirable that in a civilised State every change of institutions should be effected by constitutional methods. But should the circumstances ever arise under which Great Britain is resolved, in spite of the wishes of the Irish people or a large portion thereof, to abolish Home Rule and exercise the right of reserved sovereignty, there is no reason to expect that Irishmen who oppose British policy will admit that her use of sovereign power is morally justifiable. By force, or the threat of force, the controversy will, we must expect, in the last instance, be decided. However this may be, we must now realise what the supremacy of Parliament, at any rate to the Irish leaders who accept it, really means. It means nothing but the right of the Imperial Parliament of its own authority to repeal the Home Rule Bill and destroy the new constitution. The right may be worth having. But it is not the right to govern Ireland or to control the Irish Government; it is not a means of government at all: it is a method of constitutional revolution, or reaction.

Some critic will object that this supremacy of Parliament means to him a good deal more than the mere right to abolish the constitution. So be it. Let the objector then tell us in precise language what it does mean. If his reply is that the term is ambiguous, that its meaning must be construed in accordance with events, and may, according to circumstances, be restricted or extended, then he suggests that Parliamentary supremacy is not only an empty right, but an urgent peril. Nothing can be more dangerous than a compact between England and Ireland which the contracting parties construe from the very beginning in different senses. If by asserting the supreme authority of Parliament English statesmen mean that Parliament reserves the right to supervise and control the government of Ireland, whilst Irishmen understand that Parliament retains nothing more than such a kind of supremacy or sovereignty as it asserts, rather than exercises, in New Zealand, then we are entering into a doubtful contract which lays the sure basis of a quarrel. We are deliberately preparing the ground for disappointment, for imputations of bad faith, for recriminations, for bitter animosity, it may be for civil war. If there be, as is certainly the case, a fair doubt as to what is meant by the supremacy of Parliament, let the doubt be cleared up. This is required by the dictates both of expediency and of honour. Meanwhile we may assume that the supremacy of Parliament, or the 'supreme authority of Parliament,' means in substance the kind of sovereignty which Parliament exercises, or claims to exercise, in every part of the British Empire.

For the maintenance of such supremacy, be it valuable or be it worthless, Great Britain pays a heavy price. For the sake of 'an outward and visible sign of Imperial supremacy' we retain eighty Irish members in the Imperial Parliament.35

B. The Retention of the Irish Members in the Imperial Parliament

This is now36 an essential, or at least a most important part of the ministerial policy for Ireland, yet it is a proposal which even its advocates must find difficult of defence. In 1886 every Gladstonian leader told us that it was desirable, politic, and just to exclude Irish members from the Parliament at Westminster; this exclusion was pressed upon England (plausibly enough) as a main advantage to be derived from the concession of Home Rule to Ireland. In 1893 every Gladstonian leader tells us that it is desirable, politic, and just to retain the Irish members at Westminster, and their presence is, for some reason not easy to explain, treated as removing every objection to the concession of Home Rule to Ireland. This astounding variation of opinion in the doctors of the State savours of empiricism, not to say quackery. A surgeon who tells a patient that he will not live unless his leg is amputated may be right, and may be worthy of trust; another surgeon who asserts that amputation is unnecessary may be right, and worthy of trust. But the surgeon who one moment insists that amputation is necessary to the preservation of his patient's life, and the next moment that it is unnecessary and may be fatal, is not the kind of adviser who inspires confidence in his wisdom.

Let the ingenuity of Gladstonians reconcile, as best it can, the doctrine of 1886 with the doctrine of 1893. To a man of sense who weighs the matter without reference to considerations of party, one thing will soon become apparent: the retention at Westminster of eighty, or indeed of any Irish members at all, means under a scheme of Home Rule the ruin of Ireland and the weakness of England.

As to Ireland.—The presence of Irish members at Westminster robs Ireland of the one advantage which Home Rule might by any possibility confer upon that country.

Any man in order to see that this is so has only to consider, first, what may under favourable circumstances be the benefit of Home Rule to Ireland, and next what is the natural result of summoning Irish members to the Parliament at Westminster.

The best conceivable result of Home Rule is that it may detach Irishmen from interest in English politics, and induce the most respected and respectable men in Ireland to take matters into their own hands and manage for themselves all strictly Irish affairs. For the last twenty years, at least, Ireland has been represented, or misrepresented, by eighty and more politicians, nominated in the main by Mr. Parnell. No one supposes for a moment that the Nationalist leaders who appeared before and were condemned by the Special Commission are fair samples of the Irish people. They are, take them at their best, reckless agitators. They were chosen by their patron, Mr. Parnell, not on account of their worth or talent, but because they were apt instruments for carrying out a policy of parliamentary intrigue, reinforced by a system of lawless oppression.37 These men are the product of a revolutionary era; they no more represent the virtues and the genius of the Irish people than the demagogues or fanatics of the Jacobin Club represented the genius and the virtues of the French nation. We all know that Ireland abounds in citizens of a very different stamp. She has never lacked among her sons, and does not lack now, men of virtue, of vigour, and of genius. Throughout the length and breadth of the country you will find hundreds of men of merit—landlords whose lives have been honourable to themselves, and a blessing to their tenants; merchants as honest and successful as any in England or in Scotland; small landowners and tenant farmers who have paid their rent and paid their way, who have cultivated their land, who have never insulted or boycotted their neighbours, and have never been driven by intimidation into meanness and fraud. Add to these lawyers, thinkers, writers, and scholars, who rival or excel the best representatives of their class in other parts of the United Kingdom. These good men and true are not peculiar to any one creed or party; they are not confined to any one province, or to any one class; they are scattered through every part of the land; they are the true backbone of Ireland; they have saved her from utter ruin; they may still by their energy raise her to prosperity. But they have been thrust out of politics by the talkers, the adventurers, the conspirators. It is possible that if Home Rule compels Irishmen to turn their whole minds to Irish affairs, the so-called representatives who misrepresent their country may be dismissed from the world of politics, and the Parliament at Dublin be filled with members who, whether they come from the North or from the South, whether Unionists or Home Rulers, whether Roman Catholics or Protestants, whether landowners, tenant farmers, ministers of religion, merchants, or tradesmen, represent the real worth and strength of the country. If this should happen, Home Rule would still entail great evils on the whole United Kingdom. But even zealous Unionists might hope that for these evils Ireland at least will obtain some compensation. This hope, if the Irish members are retained at Westminster, will never be fulfilled.

For even the occasional presence38—which will in practice be the frequent presence—of the Irish members at Westminster destroys every hope that Ireland will be governed by her best citizens. The reasons why this is so are various; some of them may be shortly stated. The system, in the first place, of double representation, under which members of the Irish Parliament must flit to and fro between Ireland and England, and debate one day about Irish matters in Dublin, and the next about Imperial, or in truth British, matters in England, makes it impossible for quiet hard-working Irishmen, who carry on the real business of Ireland, to take part in politics. The political centre of interest, in the second place, will after, as before, the passing of the Home Rule Bill, be placed in London and not in Dublin. The humdrum local business which under a system of Home Rule ought to be discussed in the Irish Parliament, may vitally concern the prosperity of every inhabitant of Ireland, but it will not in general lend itself to oratory, or arouse popular excitement. The questions, on the other hand, to be discussed in the Imperial Parliament at Westminster, as, for example, whether Mr. Gladstone or Lord Salisbury shall be head of the British Cabinet, whether the royal veto on Irish legislation shall be exercised on the advice of the English or of the Irish Ministry, are matters which do not in reality greatly affect the happiness of ordinary Irishmen. But they give room for management, for diplomacy, for rhetoric, and are certain on occasions to arouse both the interest and the passions of the Irish people. We may take it for granted that the character of the Irish representation at Westminster will govern the character of the Parliament at Dublin.39 Hence arises a third and fatal obstacle to the active participation in Irish public life of Irishmen who are not professional politicians. The Home Rule Bill of 1893 professes to restrain on every side the action of the Irish government and Parliament. These Restrictions are the comfort of English Gladstonians; they are thought to be safeguards, though in reality there is nothing which they make safe. But Restrictions which delight Gladstonians are hateful to Irish Home Rulers. Their watchword is, 'Ireland a nation.' To this cry every Home Ruler will rally, and so too will, if once the Union is broken up, many an ardent loyalist, converted by anger at England's treachery into an extreme Nationalist. Irishmen will wish for an Irish army; they will wish for a protective policy; they will desire that Ireland shall play a part in foreign affairs, and will claim for her at least the independence of such a colony as New Zealand. To all these wishes, and to many more, some of which under a system of Home Rule are quite reasonable, the terms of the Home Rule Bill are opposed. Home Rulers, and probably enough the whole Irish people, will insist that the Bill, which will then have become an Act, must be modified. How is the modification to be obtained? How is Home Rule to be made a reality? By one method only: that is, by the freest use of those arts Of intrigue and obstruction by which Home Rule will have been gained. But for the carrying out of such a policy the agitators and intriguers who for the last twenty years have weakened and degraded the Imperial Parliament are the proper agents. For this work they, and they alone, are fit. The quiet, industrious, stay-at-home merchants or lawyers, who might be sent to Dublin for a month or two in the year to manage Irish business on business-like principles, will not be sent to Westminster to hold the balance between English parties. They cannot leave their every-day work; were they willing to forsake their own business, they are not the men to conduct with success the parliamentary game of brag, obstruction, and finesse. Keep, in short, the Irish members at Westminster, and you ensure the supremacy in Ireland of professional politicians. By a curious fatality the Gladstonian policy which weakens England ruins Ireland. Let no one fancy that this is the delusion of an English Unionist. Sir Gavan Duffy is an Irish Nationalist of a far higher type than the men who have drawn money from the Clan-na-Gael. In '48 he was a rebel, but if he was disloyal to England, he was always careful of the honour and character of Ireland. He, at least, perceives the danger to his country of retaining Irish members in a Parliament where they had ceased to have any proper place. 'For my own part,' he says, 'I should not care if they did not attend [the Imperial Parliament] for a generation, which will be needed for the manipulation of their own affairs.'

All this, I shall be told, is prophecy; Gladstonian hopes are as reasonable as Unionist fears. So be it. But in this matter my predictions have a special claim on the attention of the Ministry, they coincide with the forecast, or the foresight, of the present40 Chief Secretary for Ireland.

'Let us suppose that these Irish representatives for Imperial purposes are not chosen by the legislative body, but are chosen directly by Irish constituencies. You have already, according to our plan, two sets of constituencies. You have the 103 constituencies that return the popular branch of the legislative body, and you have those other constituencies up to seventy-five which return the elective members of the other branch of the legislative body. You have, therefore, got already on our plan two sets of constituencies. Now, if you are going to send members to Westminster for Imperial purposes to the number of forty-five or to the number of ninety-five, you must mark out a third set of constituencies—you must have a third set of elections. A system of that kind does not strike me at least as being exactly the thing for a country of which we are assured that before everything else its prime want is a profound respite from political turmoil. There are plenty of other objections from the Irish point of view, which I am not now going to dwell upon. Depend upon it that an Irish Legislature will not be up to the magnitude of the enormous business that is going to be cast upon it unless you leave all the brains that Irish public men have got to do Irish work in Ireland. Depend upon this, too, that if you have one set of Irish members in London it is a moral certainty that disturbing rivalries, disturbing intrigues would spring up, and that the natural and wholesome play of forces and parties and leaders in the Irish Assembly would be complicated and confused and thrown out of gear by the separate representatives of the country. All this is bad enough.'41

These are the words of my friend Mr. Morley.42 They were spoken at Newcastle on April 21, 1886. He was then, as now, responsible for the government of Ireland. Nothing can add to their gravity; nothing can add to their force; they were true in 1886, they remain as true to-day as they were seven years ago.43

As to England.—The presence of the Irish members at Westminster is on the face of it a gross and patent injustice to Great Britain. It is absurd, it is monstrous, that while the Irish Parliament and the Irish Parliament alone settle whether Mr. Healy, Mr. M'Carthy, Mr. Redmond, or Mr. Davitt is to be head of the Irish government, and England, though vitally interested in the character of the Irish Executive, is not to say a word in the matter, eighty Irishmen are to help in determining, and are often actually to determine, whether Lord Salisbury or Mr. Gladstone, Mr. Balfour or Mr. Chamberlain, is to be Prime Minister and direct the policy of England. Here again I can rely on the invaluable aid of Mr. Morley. He has denounced the effect on England of retaining Irish members at Westminster with a strength of language and a weight of authority to which it is impossible for me to make any pretension.

'But there is a word to be said about the effect on our own Parliament, and I think the effect of such an arrangement—and I cannot help thinking so till I hear of better arrangements—upon our own Parliament would be worse still. It is very easy to talk about reducing the number of the Irish members; perhaps it would not be so easy to do. It is very easy to talk about letting them take part in some questions and not in others, but it will be very difficult when you come to draw the line in theory between the questions in which they shall take a part and those in which they shall not take a part. But I do not care what precautions you take; I do not care where you draw the line in theory; but you may depend upon it—I predict—that there is no power on the earth that can prevent the Irish members in such circumstances from being in the future Parliament what they were in the past, and what to some extent they are in the present, the arbiters and the masters of English policy, of English legislative business, and of the rise and fall of British Administrations. You will have weakened by the withdrawal of able men the Legislature of Dublin, and you will have demoralized the Legislature at Westminster. We know very well what that demoralisation means, for I beg you to mark attentively the use to which the Irish members would inevitably put their votes—inevitably and naturally. Those who make most of the retention of the Irish members at Westminster are also those who make most of there being what they call a real and effective and a freely and constantly exercised veto at Westminster upon the doings at Dublin. You see the position. A legislative body in Dublin passes a Bill. The idea is that that Bill is to lie upon the table of the two Houses of Parliament in London for forty days—forty days in the wilderness. What does that mean? It means this, that every question that had been fought out in Ireland would be fought out over again by the Irish members in our Parliament. It means that the House of Lords here would throw out pretty nearly every Bill that was passed at Dublin. What would be the result of that? You would have the present block of our business. You would have all the present irritation and exasperation. English work would not be done; Irish feeling would not be conciliated, but would be exasperated. The whole efforts of the Irish members would be devoted to throwing their weight—I do not blame them for this—first to one party and then to another until they had compelled the removal of these provoking barriers, restrictions, and limitations which ought never to have been set up. I cannot think, for my part I cannot see, how an arrangement of that sort promises well either for the condition of Ireland or for our Parliament. If anybody, in my opinion, were to move an amendment to our Bill in the House of Commons in such a direction as this, with all these consequences foreseen, I do not believe such an amendment would find twenty supporters.'44

This was the opinion of Mr. John Morley in 1886. A word in it here or there is inapplicable to the details of the present Bill; but in principle every syllable cited by me from his Newcastle address forms part of the Unionist argument against summoning as much as a single Irish member to Westminster. His language is admirable, it cannot be improved. All that any one who agrees with Mr. Morley can do in order to force his argument home is to point out in a summary manner the ways in which the Irish delegation at Westminster will enfeeble the Imperial Government.

First. The Irish members, or rather the Irish delegation, will have a voice and often a decisive voice in determining who are the men that shall constitute the English Cabinet; on the Irish vote will depend whether Conservatives, Liberals, Radicals, or Socialists shall administer the government of England. It is vain to tell us Irish members will be restrained, whether by law or custom, from voting on British affairs when they will vote on the most important of all British affairs, the composition and the character of the body which is to govern England.

That the Irish members will thus vote on a matter of special and vital importance to England is admitted. But things stand far worse than this. The vote of the Irish delegation will and must be swayed by an interest adverse to the welfare of Great Britain; for the interest of Great Britain, or, to use ordinary language of England, is that the English Government should be strong, and should represent the majority of the English or British electors. The direct interest of the Irish delegation is that the English Government should be weak, and represent the minority of English electors. That this is so is obvious. The weaker the British Government, the greater the weight of the Irish representatives. But if the English Cabinet represents a minority of the British people, and are kept in office only by the votes of their Irish allies, then the influence of the Irish representatives and the weakness of the English Government will have reached its extreme point. The effect therefore of the arrangement which brings Irish members to Westminster is to place the administration of English affairs in the hands of the party, whichever it be, that does not represent the wishes of the English people. This master stroke of Gladstonian astuteness ensures that Radicals shall be in office when the opinion of England is Conservative, and that Conservatives shall be in power when English opinion tends towards Radicalism.

Secondly. The retention of the Irish members breaks up our whole system of Cabinet government. This system has some inherent defects, but it cannot work at all with any benefit to the country unless the Cabinet can depend on the support of a permanent majority. The result of what has happily been described as the 'in-and-out plan,' that is the scheme for allowing Irish members to vote on some subjects and not on others, will be the constitution of two majorities, and it is more than possible that the one majority may belong to one party and the other majority to another. Look at the effect on the transaction of public affairs. The Irish members and the English Liberals combined may put in office a Liberal Cabinet. On English matters, e.g. the question of Disestablishment, or of Home Rule for Wales, the British majority consisting of British members of Parliament only may constantly defeat the Gladstonian Cabinet, and thus force into office a Conservative Cabinet which could command a majority on all subjects of purely British interest, but would always be in a minority on all matters of Imperial policy, e.g. on the conduct of foreign affairs. Which Cabinet would have a right to retain power? The sole answer is—neither. The proposed plan, in short, undermines our whole scheme of government.

Thirdly. The Irish members who are now simply Irish members of the Imperial Parliament will be transformed into a very different thing—an Irish delegation. The importance of this change cannot be over-rated. The essential merit of our present system of government is that the Executive, no less than the Parliament of the United Kingdom, represents the country as a whole. Our Premier may be a Scotsman, but we know of no such thing as a Scottish Premier. Englishmen may form the majority of the Cabinet, but we have never had an English Cabinet as contrasted with a Scottish or an Irish Cabinet. It has never been contended, hardly has it been hinted, that a Ministry ought to be made up of members taken in certain proportions from each division of the kingdom. But from the moment that sectional representation, and with it open advocacy of sectional interests, is introduced into the House of Commons, there will arise the necessity for the formation of sectional Cabinets.

The demand will be made, and the demand will be granted, that in the administration no less than in the House there shall be a system of representation; that England, that Scotland, that Ireland shall each have their due share in the Ministry. But this state of things must be fatal both to the capacity and to the fairness of the government. The talent of the Cabinet will be diminished, because the Prime Minister will no longer be able to choose as colleagues the ablest among his supporters without reference to the now irrelevant question whether they represent English, Scottish, or Irish constituencies. The character of the Executive will be lowered because the Cabinet itself will represent rival interests. It may seem that I am advocating the special claims of England. This is not so. I am arguing on behalf of the efficiency of the government of the United Kingdom. My argument is one to which Scotsmen and Irishmen should give special heed. If once we have cabinets and parties based upon sectional divisions, if we have English ministries and English parties as opposed to Scottish ministries or Irish ministries, and Scottish parties and Irish parties, it is not in the long run the most powerful and wealthy portion of what is now the United Kingdom which will suffer. It is hardly the interest of Scotsmen or Irishmen to pursue a policy which suggests the odious but inevitable cry 'England for Englishmen.'

Fourthly, as long as Irish members remain at Westminster the English Parliament will never be freed from debates about Irish affairs.

This is a point there is no need to labour. Unless (what no honest man can openly propose) the 80 or 103 members from Ireland are to be taken from one Irish party only, they must represent different interests and different opinions. Some few at least will represent the wishes, the complaints, or the wrongs of Ulster. But if this be so, it is certain that the controversies which divide Ireland will make themselves heard at Westminster. Can any sane man fancy that if the Dublin Parliament passes an Act for the maintenance of order at Belfast, if the people of Belfast are suspected of intending to resist the Irish government, if Irish landlords, rightly or not, fear unfair treatment at the hands of the Irish Ministry or the Irish Parliament, none of these things will be heard of at Westminster? The supposition is incredible. Let Irish members sit at Westminster and Irish affairs will be debated at Westminster, and will often be debated when, under a system of Home Rule, it were much better they should be passed over in silence. Admit, what is not certain, that Home Rule in Ireland will occasionally withdraw a few Irish questions from discussion in England, it must be remembered that a new crop of Irish questions will arise. The federal character of the new constitution must produce in one form or another disputes and discussions as to the limits which bound the respective authority of the Imperial and of the Irish Governments. The Imperial Parliament will, for the first time, be harassed by the question of State rights. Add to this that at every great political crisis the House of Commons will have before it an inquiry which must produce interminable debates, namely whether a given bill is or is not a measure which concerns only the interest of Great Britain.

Two inducements are offered to England for the adoption of a plan the evils whereof were so patent in 1886 that it then could not, if we are to believe Mr. Morley,45 have commanded twenty supporters in the House of Commons.

The first inducement is that the presence of eighty Irish members at Westminster is an outward and visible sign of the supremacy of the Imperial Parliament.46 On this point it is needless to say much; few Englishmen will on consideration think it worth while to dislocate all our system of government in order that the British Parliament may retain in Ireland the kind of sovereignty which it retains in New Zealand. We are rightly proud of our connection with our colonies, but no one would seriously propose to retain nominal sovereignty in Canada at the price of a perilous and injurious change in the constitution of England.

The second inducement is that Great Britain will be allowed the exclusive management of British affairs.

This sort of spurious Home Rule for England turns out however to be as illusory a blessing as the maintenance of parliamentary supremacy.

Great Britain is, under the new constitution, not allowed to appoint the British Cabinet. Great Britain is forbidden to determine for herself any matter of legislation or administration which, however deeply it concerns British interests, trenches in the least degree on any Irish or Imperial interest. Any matter of finance, which comes within the wide head of Imperial liabilities, expenditure, and miscellaneous revenue,47 falls within the competence of the Irish members. Questions of peace or war, our foreign relations, every diplomatic transaction, is a matter on which the Irish delegation may pronounce a decision. The conjecture is at least plausible48 that Irish members will have a right to discuss and vote upon any subject debated in the Parliament at Westminster which involves the fate of a British Cabinet. Let it be granted that, if the provisions of the Home Rule Bill be observed, no Irish representative can vote 'on any Bill, or motion in relation thereto, the operation of which Bill or motion is confined to Great Britain.'49 But then when is the operation of a Bill confined to Great Britain, or, to use popular language, what is a British Bill? This is an inquiry in the decision whereof the Irish members will take part. The Irish members, therefore, at Westminster will be judges of their own rights, and in the only cases in which it is of practical importance to Great Britain that the Irish representatives should not vote, will be able with the aid of a British minority to fix the limits of their own jurisdiction.50 Let the Irish members and a British minority boldly vote that the operation of a Bill, say for the Disestablishment of the English Church, is not confined to Great Britain, and they can boldly vote that the Bill do pass, and no Court in Great Britain or the British Empire can question the validity of a law enacted in open defiance of the spirit or even the words of the Constitution.51 The right of British members to the management of even exclusively British affairs will depend not upon the law of the land, but upon the moderation and sense of equity which may restrain the unfairness of partisanship.

For a parliamentary minority will, if only it throw scruples to the winds, be constantly able to transform itself into a majority by the unconstitutional admission of the Irish vote. This is not a power which any party, be it Conservative or Radical, English, Scottish, or Irish, ought to possess. Partisanship knows nothing of moderation. And the reason of this blindness to the claims of justice is that the spirit of party combines within itself some of the best and some of the worst of human passions. It often unites the self-sacrificing zealotry of religious fanaticism with the recklessness of the gambling table. Let an assailant of the Contagious Diseases Act, a fanatic for temperance, a protectionist who believes that free trade is the ruin of the country, an anti-vivisectionist who holds that any painful experiment on live animals is the most heinous of sins; let any man who has come to believe that his own credit, no less than the salvation of the country, depends on the success of a particular party, know that the triumph of his cause depends upon his voting that a particular measure operates beyond Great Britain, and we know well enough in which way he will vote. He will vote what he knows to be untrue rather than sacrifice a cause which he believes to be sacred. He will think himself both a fool and a traitor if he sacrifices the victory which is within his grasp to the maintenance of technical legality, or rather to respect for a rule of constitutional procedure.

Suppose, however, that I have underrated the equity of human nature, and that no faction in the House of Commons ever attempts to violate the spirit of the Constitution. The supposition is bold, not to say absurd; but even if its reasonableness be granted, this does not suffice for the protection of England's rights. The question whether a given Bill does or does not operate exclusively in Great Britain may often give rise to fair dispute, and (what should be noted) this dispute will always be decided against Great Britain in the only instances in which its decision is to Great Britain of any importance whatever. An example best shows my meaning. Let a Bill be brought forward for establishing Home Rule in Wales. Is the operation of the Bill confined to Great Britain? An English member, unless he is a Home Ruler, will answer with an undoubted affirmative. An English, or Irish, or Welsh Home Ruler will with equal certainty, and equal honesty, give a negative answer. The question admits of fair debate, but we know already how the debate will be decided. If the Unionists constitute a majority of the House, the Irish vote will be excluded. But in this case its exclusion is of no practical importance. If the Unionists constitute indeed a majority of British representatives, but do not constitute a majority of the House, the Irish vote will be included. The Irish representatives will decide whether Wales shall constitute a separate State, and the right of Great Britain to manage British affairs will not prevent the dismemberment of England. Home Rule, such as it is for England, means at best a totally different thing from Home Rule for Ireland. In the case of England it means a limited and precarious control of legislation for Great Britain by British members of Parliament. In the case of Ireland it means the real and substantial and exclusive government of Ireland by an Irish Ministry and an Irish Parliament.

But will the advantage of even this modified half-and-half Home Rule be really offered to England?

Gladstonians, it is rumoured (and before these pages are in print the rumour may turn out to be a fact), have their own remedy for some of the only too-patent absurdities of the 'in-and-out system' embodied in clause 9 of the Home Rule Bill. A suggestion is made which would be amusing for its irony, were it not revolting for its cynicism, that the difficulty of the double majority should be removed by the allowing members not only to remain at Westminster in their full number, but also to vote there on all matters whatever, including those affairs which exclusively concern the interests of Great Britain. This is no doubt a remedy for some of the evils of an unworkable proposal. It is a cure which to any Englishman of sense or spirit will seem tenfold worse than the disease. It is a cure in that sense only in which a traveller may be said to be relieved from the fear of robbery by a highwayman shooting him dead. The irregular interference of the Irish delegation in the formation of the British Cabinet, and other matters which indirectly concern England, is to be regularised (if I may use the term) by allowing to Irish members permanent despotism over England in matters which, on a system of Home Rule, concern England alone. Irish members may disestablish the Church of England, though England is to have no voice in the pettiest of Irish affairs. Irish members are to be allowed to impose taxes on England, say to double the income tax, though of these taxes no inhabitant of Ireland will pay a penny; the Irish delegation—and this is the worst grievance of all—is to be enabled, in combination with a British minority, to detach Wales from England, or to vote Home Rule for Scotland, or to federalise still further the United Kingdom by voting that Man, Jersey, and Guernsey shall send members to the Imperial Parliament. Note that all this may be done by the Irish delegation, though, under the new Constitution, England will not have a word to say on such questions as whether the right of electing members for the Parliament at Dublin shall or shall not be extended to every adult, or whether Ulster shall, or shall not, be allowed Home Rule of its own. The absurdity of this policy ought to prevent its ever being adopted; but in these days absurdity seems to tell as little against wild schemes of legislation as their injustice.

All this consideration of haggling and trafficking between Great Britain and Ireland is loathsome to every true Unionist who considers Englishmen and Irishmen as still citizens of one nation. But, when Gladstonians propose to divide the United Kingdom into two States, it is as essential as it is painful to weigh well what is the gain of Great Britain in the new scheme of political partnership. If the matter be looked at from this point of view, it is easy to see how miserable are the offers tendered to England. Compare for a moment the authority to be given her under the new constitution with the authority she has hitherto possessed or the authority tendered to her under the Home Rule Bill of 1886.

Up to 1782 the British Parliament held in its own hands the absolute control not only of every British affair, but every matter of policy affecting either Ireland or the British Empire. The British Parliament, in which sat not a single representative of any Irish county or borough, appointed the Irish Executive. The British Parliament, whenever it thought fit, legislated for Ireland; the British Parliament controlled the whole course of Irish legislation; every Act which passed the Parliament of Ireland was inspected, amended, and, if the English Ministry saw fit, vetoed in England. The system was a bad system and an unjust system. It is well that it ended. But as regarded the control of the British Empire it corresponded roughly with facts. The Empire was in the main the outcome of British energy and British strength, and the British Empire was governed by Great Britain.

The constitution of 1782 gave legislative independence to Ireland, but did not degrade the British Parliament to the position which will be occupied by the Imperial Parliament under the constitution of 1893. The British Parliament remained supreme in Great Britain; the British Parliament controlled the Imperial policy both of England and of Ireland. The British Parliament, or rather the British Ministry, virtually appointed the Irish Executive. The British Parliament renounced all rights to legislate for Ireland52; the British Parliament technically possessed no representatives in the Parliament at Dublin. But any one who judges of institutions not by words but by facts will perceive that in one way or another the influence and the wishes of the British Government were represented more than sufficiently in the Irish Houses of Parliament. Grattan's constitution, in short, left the British Parliament absolutely supreme in all British and Imperial affairs, and gave to the British Ministry predominating weight in the government of Ireland. This is a very different thing from the shadowy sovereignty which the English Parliament retains, but abstains from exercising, in our self-governing colonies. It is a very different thing from the nominal power to legislate for Ireland which the new constitution confers upon the Imperial Parliament.

Since the Union England and Ireland have been politically one nation. The Imperial or British Government has controlled, and the Imperial Parliament has passed laws for, the whole country. Nor has the presence of the Irish members till recent days substantially limited the authority of Great Britain. Till 1829 the Protestant landlords of Ireland who were represented in the Imperial Parliament shared the principles or the prejudices of English landowners. Since the granting of Catholic emancipation Roman Catholic or Irish ideas or interests have undoubtedly perplexed or encumbered the working of British politics. But the representatives of Ireland have been for the most part divided between the two great English parties, and it was not till Mr. Parnell's influence united the majority of Irish representatives into a party hostile to Great Britain that any essential evil or inconvenience resulted from their presence at Westminster. This inconvenience, whatever its extent, has been the price of the Union. The gain has been worth the payment: the action of Parliament has been hampered, but its essential and effective authority throughout the realm has been maintained.

In 1886 Mr. Gladstone framed a constitution which was meant to be a final and a just settlement of the questions at issue between England and Ireland. Under the constitution of 1886 Great Britain surrendered to Ireland about the same amount of independence as is offered her under the proposed constitution of 1893. But the difference in the position of Great Britain under the two constitutions is immense.

Under the constitution of 1886 Great Britain was offered a position of the highest authority.

To the British Parliament (in which was to sit not a single Irish member) was to fall the appointment of the British or Imperial Ministry. The British Parliament received absolute control of all British, colonial, Imperial, and foreign affairs. Perfect unity was restored to the spirit of her government, and predominance in the British, or, to use ordinary language, in the English, Parliament was given to the conservative elements of English society. Great Britain became mistress in her own home; she became much more than this; she was enthroned as undisputed sovereign of the British Empire.53

Under the constitution, in short, of 1886, if Great Britain was weakened on one side she was strengthened on another. Her Parliament obtained an immense accession of authority, and was all but entirely freed both from the necessity for considering Irish questions and from the damage of Irish obstruction. Ireland surrendered to England all share in the government of the Empire, and the further dismemberment of Great Britain without the assent of the British people became difficult, if not impossible. It does not lie in the mouth of Gladstonians to say that the measure of 1886 was unjust. It was laid before the country as a compromise which was just to England and to Ireland. The Irish leaders, we were told, accepted the proposal, just as we are told that they accept the proposed constitution of 1893. If the acceptance was honest, then in 1886 they agreed to a bargain far more favourable to England than the contract now pressed on our acceptance. If their acquiescence was a mere pretence, what trust can we place in the assertion that they accept the arrangement of 1893?

However this may be, it is clear that England is now offered a position of weakness and of inferiority such as she has never occupied during the whole course of her history. What is the meaning or justification of the proposed surrender by England of every compensation for Irish Home Rule which was offered her in 1886?

For this surrender Gladstonians assign but two reasons.

The presence of the Irish members at Westminster is, it is said, a concession to the wishes of Unionists.

This plea, even were it supported by the facts of the case, would be futile. It might pass muster with disputants in search of a verbal triumph, but to any man seriously concerned for the welfare of the nation must appear childishly irrelevant. The welfare of the State cannot turn upon the neatness of a tu quoque; retorts are not reasons, and had every Unionist, down from the Duke of Devonshire to the present writer, pressed in 1886 for the retention of the Irish members at Westminster, the controversial inexpertness of the Unionists seven years ago would not diminish the dangers with which, under a system of Home Rule, the presence of the Irish members at Westminster actually threatens England. But the plea, futile as it is, is not supported by fact. It rests on a misrepresentation of the Unionist position in 1886.

'The case in truth stands thus:—Mr. Gladstone was [in 1886] placed in effect in this dilemma: "If you do not," said his opponents, "retain the Irish representatives at Westminster, the sovereignty of the British Parliament will be, under the terms of your Bill, no more than a name; if you do retain them, Great Britain will lose the only material advantage offered her in exchange for the local independence of Ireland." Gladstonians, in substance, replied that the devices embodied in the Government of Ireland Bill at once freed the British Parliament from the presence of the Parnellites and safeguarded the sovereignty of the British, or (for in this matter there was some confusion) of the Imperial Parliament. On the latter point issue was joined. The other horn of the dilemma fell out of sight, and some Unionists, rightly believing that the Bill as it stood did not preserve the supremacy of the British Parliament, pressed the Ministry hard with all the difficulties involved in the removal of the Irish members. In the heat of debate speeches were, I doubt not, delivered in which the argument that you could not, as the Bill stood, remove the Irish members from Westminster and keep the British Parliament supreme in Ireland, was driven so far as to sound like an argument in favour of, at all costs, allowing members from Ireland to sit in the English Parliament. Those who appeared to fall into this error were, it must be noted, but a fraction of the Unionist Party, and their mistake was little more than verbal. When the Ministry maintained that the removal of the Irish members from Westminster was a main feature of their Home Rule policy, opponents naturally insisted upon the defects of the scheme laid before them, and did not insist on the equal or greater defects of a plan which the Government did not advocate. Mr. Gladstone, we are now told, has changed his position, and assents to the principle that Ireland must be represented in the British Parliament. If this assent be represented as a concession to the demands of Unionists, my reply is that it is no such thing. It is merely the acceptance of a different horn of an argumentative dilemma. Grant for the sake of argument (what is by no means certain) that the supremacy of the Imperial Parliament is really saved. The advantage offered to England in exchange for Home Rule is assuredly gone. My friend, Mr. John Morley, used to argue in favour of Home Rule from the necessity of freeing the English Parliament from Parnellite obstruction. As a matter of curiosity, I should like to know what he thinks of a concession which strikes his strongest argumentative weapon out of his hands. My curiosity will be satisfied on the same day which tells us Lord Spencer's reflections on the surrender of the policy represented by the Land Purchase Bill. Meanwhile, I know well enough the thoughts of every Unionist who is not tied by the exigencies of his political antecedents or utterances. To say that in the eyes of such a man the proposed concession is worthless, is to say far too little. It is not a concession which he rates at a low price; it is a proposal which he heart and soul condemns.'54

These words were not written to meet the present condition of the controversy; they were published in 1887 at a time when no Gladstonian, except Mr. Gladstone (if indeed he were an exception), knew whether the retention in the Parliament at Westminster, or the exclusion from the Parliament at Westminster, of the Irish members, was an essential principle of Home Rule.

England again, it is alleged, suffers without murmuring all the inconvenience caused by the Irish vote at Westminster; and she may well, under a system of Home Rule, bear without complaint evils which she has tolerated for near a century.

The answer to this reasoning is plain. It is a sorry plea indeed for a desperate innovation that it leaves the evils of the existing state of things no worse than they now are. For the sake of the maintenance of the Union, which Unionists hold of inestimable value, England has borne the inconvenience caused to her by the Irish vote. It argues simplicity, or impudence, to urge that England should continue to bear the inconvenience when the national unity is sacrificed for the sake of which it was endured. But the reply does not stop here. The presence of Irish members at Westminster under the new constitution increases and stereotypes the evils, whatever their extent, now resulting from the existence of 103 Irish members in the House of Commons. The evils are increased because the Irish members are turned into a delegation from the Irish State, and their action ceases to be influenced, as it now is, by the consideration—a very important one—that the Imperial Parliament not only in theory but in fact legislates for Ireland, and that the English Cabinet controls the Irish administration and directs the course of political promotion in Ireland. The sentiment and the interest of the Irish members will be changed. Whether they come from North or South they will be representatives of Ireland, and will naturally and rightly consider themselves agents bound in every case to make the best bargain they can for Ireland as against the United Kingdom, or, in plain language, as against England. They will no longer feel it their interest to keep in power the English party which they think will best govern Ireland, for with the government of Ireland the Imperial Parliament will, as long as the new constitution stands, have no practical concern. No honest Home Ruler supposes that, if the Home Rule Bill passes into law, the Imperial Parliament will, even should the tragedy of the Phoenix Park be repeated in some more terrible form, pass a Crimes Act for Ireland; to the Irish Government will belong the punishment of Irish crime. No interest will therefore restrain the Irish delegation from swaying backwards and forwards between the two English parties, in order to obtain from the one or the other some momentary advantage, or some lucrative concession, to the Irish people. Intrigue will be pardonable, diplomatic finesse will become a duty. This evil no doubt in some degree exists, but under the present state of things it admits of diminution. A just redistribution of the franchise will undoubtedly lessen the number of Ireland's representatives, whilst it will increase the relative importance, if not the actual numbers, of loyalists in the representation of Ireland. The gradual settlement of the land question, as Unionists believe, will further strike at the true root of Irish discontent, and in removing the true grievance of the Irish tenants will diminish the strength of the party which depends for its power on the revolutionary elements in Irish society. But all chance of mitigating the inconvenience inflicted upon England by the presence of the Irish members vanishes for ever when they are changed into an Irish delegation, and are compelled by their position to be the mere mouthpiece of Ireland's claims against England.

The alleged reasons for the weakening of England are untenable, and, were they tenfold stronger than they are, could not remove the flagrant contradiction between the Gladstonian policy of 1886 and the Gladstonian policy of 1893.

But a contradiction which cannot be removed may be explained.

The withdrawal of the Irish members from Westminster might give Ireland the chance of obtaining some of the benefits, and compensate England for some of the evils, of Home Rule. But however this may be, one result it would produce with certainty; it would dash the Gladstonian party to pieces. The friends of Disestablishment, the Welsh, or the Scottish, Home Rulers, the London Socialists, all the revolutionists throughout the country, know that with the departure of the Irish representatives from Westminster their own hopes of triumph must be indefinitely postponed. England is the stronghold of British conservatism, and an arrangement which leaves the fate of England in the hands of Englishmen may be favourable to reform, but is fatal to revolution. Has this fact arrested the attention of Gladstonians? I know not. It is an unfortunate coincidence that the least defensible portion of an indefensible policy should, while it threatens ruin to England, offer temporary salvation to the party who rally round Mr. Gladstone.55