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"(5.) Dignities or titles of honour;
"(6.) Prize or booty of war;
"(7.) Offences against the law of nations; or offences committed in violation of any treaty made, or hereafter to be made, between Her Majesty and any foreign State; or offences committed on the high seas;
"(8.) Treason, alienage, or naturalization;
"(9.) Trade, navigation, or quarantine;
"(10.) The postal and telegraph service, except as hereafter in this Act mentioned with respect to the transmission of letters and telegrams in Ireland;
"(11.) Beacons, lighthouses, or sea-marks;
"(12.) The coinage; the value of foreign money; legal tender; or weights and measures; or
"(13.) Copyright, patent rights, or other exclusive rights to the use or profits of any works or inventions."
Of these exceptions the first four preserve the imperial rights which have been insisted on above, and maintain the position of Ireland as an integral portion of that Empire of which Great Britain is the head. The remaining exceptions are either subsidiary to the first four, or relate, as is the case with exceptions 10 to 13, to matters on which it is desirable that uniformity should exist throughout the whole Empire. The restrictions in clause 4 are:—
"The Irish Legislature shall not make any law—
"(1.) Respecting the establishment or endowment of religion, or prohibiting the free exercise thereof; or
"(2.) Imposing any disability, or conferring any privilege, on account of religious belief; or
"(3.) Abrogating or derogating from the right to establish or maintain any place of denominational education or any denominational institution or charity; or
"(4.) Prejudicially affecting the right of any child to attend a school receiving public money without attending the religious instruction at that school; or
"(5.) Impairing, without either the leave of Her Majesty in Council first obtained on an address presented by the legislative body of Ireland, or the consent of the corporation interested, the rights, property, or privileges of any existing corporation incorporated by royal charter or local and general Act of Parliament; or
"(6.) Imposing or relating to duties of customs and duties of excise, as defined by this Act, or either of such duties, or affecting any Act relating to such duties or either of them; or
"(7.) Affecting this Act, except in so far as it is declared to be alterable by the Irish Legislature."
These restrictions differ from the exceptions, inasmuch as they do not prevent the Legislature of Ireland from dealing with the subjects to which they refer, but merely impose on it an obligation not to handle the specified matters in a manner detrimental to the interests of certain classes of Her Majesty's subjects. For example, restrictions 1 to 4 are practically concerned in securing religious freedom; restriction 5 protects existing charters; restriction 6 is necessary, as will be seen hereinafter, to carrying into effect the financial scheme of the bill; restriction 7 is a consequence of the very framework of the Bill: it provides for the stability of the Irish constitution, by declaring that the Irish Legislature is not competent to alter the constitutional act to which it owes its existence, except on those points on which it is expressly permitted to make alterations.
Clause 5 is an exposition, so to speak, of the consequence which would seem to flow from the fact of the Queen being a constitutional part of the Legislature. It states that the royal prerogatives with respect to the summoning, prorogation, and dissolution of the Irish legislative body are to be the same as the royal prerogatives in relation to the Imperial Parliament. The next clause (6) is comparatively immaterial; it merely provides that the duration of the Irish legislative body is to be quinquennial. As it deals with a matter of detail, it perhaps would have more aptly found a place in a subsequent part of the Bill. Clause 7 passes from the legislative to the executive authority; it declares:—
(1.) The executive government of Ireland shall continue vested in Her Majesty, and shall be carried on by the Lord Lieutenant on behalf of Her Majesty with the aid of such officers and such council as to Her Majesty may from time to time seem fit.
(2.) Subject to any instructions which may from time to time be given by Her Majesty, the Lord Lieutenant shall give or withhold the assent of Her Majesty to bills passed by the Irish legislative body, and shall exercise the prerogatives of Her Majesty in respect of the summoning, proroguing, and dissolving of the Irish legislative body, and any prerogatives the exercise of which may be delegated to him by Her Majesty.
Bearing in mind what has been said in the preliminary observations in respect of the relation between the executive and the legislative authority, it will be at once understood how much this clause implies, according to constitutional maxims, of the dependence on the one hand of the Irish executive in respect of imperial matters, and of its independence in respect of local matters. The clause is practically co-ordinate and correlative with the clause conferring complete local powers on the Irish Legislature, while it preserves all imperial powers to the Imperial Legislature. The governor is an imperial officer, and will be bound to watch over imperial interests with a jealous scrutiny, and to veto any bill which may be injurious to those interests. On the other hand, as respects all local matters, he will act on and be guided by the advice of the Irish executive council. The system is, as has been shown above, self-acting. The governor, for local purposes, must have a council which is in harmony with the legislative body. If a council, supported by the legislative body and the governor do not agree, the governor must give way unless he can, by dismissing his council and dissolving the legislative body, obtain both a council and a legislative body which will support his views. As respects imperial questions, the case is different; here the last word rests with the mother country, and in the last resort a determination of the executive council, backed by the legislative body, to resist imperial rights, must be deemed an act of rebellion on the part of the Irish people, and be dealt with accordingly.
The above clauses contain the pith and marrow of the whole scheme. The exact constitution of the legislative body, and the orders into which it should be divided, the exclusion or non-exclusion of the Irish members from the Imperial Parliament, indeed, the whole of the provisions found in the remainder of this Bill, are matters which might be altered without destroying, or even violently disarranging, the Home-rule scheme as above described.
Clauses 9, 10, and 11 provide for the constitution of the legislative body; it differs materially from the colonial legislative bodies, and from the Legislature of the United States. For the purpose of deliberation it consists of one House only; for the purpose of voting on all questions (except interlocutory applications and questions of order), it is divided into two classes, called in the Bill "Orders," each of which votes separately, with the result that a question on which the two orders disagree is deemed to be decided in the negative. The object of this arrangement is to diminish the chances of collision between the two branches of the Legislature, which have given rise to so much difficulty both in England and the colonies. Each order will have ample opportunity of learning the strength and hearing the arguments of the other order. They will therefore, each of them, proceed to a division with a full sense of the responsibility attaching to their action. A further safeguard is provided against a final conflict between the first and second orders. If the first order negative a proposition, that negative is in force only for a period of three years, unless a dissolution takes place sooner, in which case it is terminated at once; the lost bill or clause may then be submitted to the whole House, and if decided in the affirmative, and assented to by the Queen, becomes law. The first order of the Irish legislative body comprises 103 members. It is intended to consist ultimately wholly of elective members; but for the next immediate period of thirty years the rights of the Irish representative peers are, as will be seen, scrupulously reserved. The plan is this: of the 103 members composing the first order, seventy-five are elective, and twenty-eight peerage members. The qualification of the elective members is an annual income of L200, or the possession of a capital sum of L4000 free from all charges. The elections are to be conducted in the electoral districts set out in the schedule to the Bill. The electors must possess land or tenements within the district of the annual value of L25. The twenty-eight peerage members consist of the existing twenty-eight representative peers, and any vacancies in their body during the next thirty years are to be filled up in the manner at present in use respecting the election of Irish representative peers. The Irish representative peers cease to sit in the English Parliament; but a member of that body is not required to sit in the Irish Parliament without his assent, and the place of any existing peer refusing to sit in the Irish Parliament will be filled up as in the case of an ordinary vacancy. The elective members of the first order sit for ten years; every five years one half their number will retire. The members of the first order do not vacate their seats on a dissolution of the legislative body. At the expiration of thirty years, that is to say, upon the exhaustion of all the existing Irish representative peers, the whole of the upper order will consist of elective members. The second order consists of 204 members, that is to say, of the 103 existing Irish members (who are transferred to the Irish Parliament), and of 101 additional members to be elected by the county districts and the represented towns, in the same manner as that in which the present 101 members for counties and towns are elected—each constituency returning two instead of one member. If an existing member does not assent to his transfer, his seat is vacated.
A power is given to the Legislature of Ireland to enable the Royal University of Ireland to return two members.
The provisions with respect to this second order fall within the class of enactments which are alterable by the Irish Legislature. After the first dissolution of parliament the Irish Legislature may deal with the second order in any manner they think fit, with the important restrictions:—(1) That in the distribution of members they must have due regard to population; (2) that they must not increase or diminish the number of members.
The transfer to the Irish legislative body of the Irish representative peers, and of the Irish members, involves their exclusion under ordinary circumstances from the Imperial Parliament, with this great exception, that whenever an alteration is proposed to be made in the fundamental provisions of the Irish Government Bill, a mode of procedure is devised for recalling both orders of the Irish legislative body to the Imperial Parliament for the purpose of obtaining their consent to such alteration (clause 39).
Further, it is right to state here that Mr. Gladstone in his speech on the second reading of the Bill proposed to provide, "that when any proposal for taxation was made affecting the condition of Ireland, Irish members should have an opportunity of appearing in the House to take a share in the transaction of that business."
Questions arising as to whether the Irish Parliament has or not exceeded its constitutional powers may be determined by the ordinary courts of law in the first instance; the ultimate appeal lies to the Judicial Committee of the Privy Council. An additional safeguard is provided by declaring that before a provision in a Bill becomes law, the Lord Lieutenant may take the opinion of the Judicial Committee of the Privy Council as to its legality, and further, that without subjecting private litigants to the expense of trying the constitutionality of an Act, the Lord Lieutenant may, of his own motion, move the judicial committee to determine the question. With a view to secure absolute impartiality in the committee, Ireland will be represented on that body by persons who are or have been Irish judges (clause 25).
The question of finance forms a separate portion of the Bill, the provisions of which are contained in clauses twelve to twenty, while the machinery for carrying those enactments into effect will be found in Part III. of the Land Bill. The first point to be determined was the amount to be contributed by Ireland to imperial expenses. Under the Act of Union it was intended that Ireland should pay 2/17ths, or in the proportion of 1 to 7-1/2 of the total expenditure of the United Kingdom. This amount being found exorbitant, it was gradually reduced, until at the present moment it amounts to something under the proportion of 1 to 11-1/2. The bill fixes the proportion at 1/15th, or 1 to 14, this sum being arrived at by a comparison between the amount of the income-tax, death-duties, and valuation of property in Great Britain, and the amount of the same particulars in Ireland. The amount to be contributed by Ireland to the imperial expenditure being thus ascertained, the more difficult part of the problem remained to provide the fund out of which the contribution should be payable, and the mode in which its payment should be secured. The plan which commended itself to the framers of the Bill, as combining the advantage of insuring the fiscal unity of Great Britain and Ireland, with absolute security to the British exchequer, was to continue the customs and excise duties under imperial control, and to pay them into the hands of an imperial officer. This plan is carried into effect by the conjoint operation of the clauses of the Irish Government Bill and the Irish Land Bill above referred to. The customs and excise duties are directed to be levied as heretofore in pursuance of the enactments of the Imperial Parliament, and are excepted from the control of the Irish Legislature, which may, with that exception, impose any taxes in Ireland it may think expedient. The imperial officer who is appointed under the Land Bill bears the title of Receiver-General, and into his hands not only the imperial taxes (the customs and excise duties), but also all local taxes imposed by the Irish Parliament are in the first instance paid. (See Clauses 25-27 of the Land Bill.) The Receiver-General having thus in his hands all imperial and local funds levied in Ireland, his duty is to satisfy all imperial claims before paying over any moneys to the Irish Exchequer. Further, an Imperial Court of Exchequer is established in Ireland to watch over the interests of the Receiver-General, and all revenue cases are to be tried, and all defaults punished in that court. Any neglect of the local authorities to carry into effect the decrees of the Imperial Court will amount to treason, and it will be the duty of the Imperial Government to deal with it accordingly.
Supposing the Bill to have passed, the account of the Exchequer in Ireland would have stood thus:—
RECEIPTS.
1. Imperial Taxes: (1) Customs . . . . . . . . . . L1,880,000 (2) Excise . . . . . . . . . . 4,300,000 ————- L6,180,000
2. Local Taxes: (1) Stamps . . . . . . . . . . . L600,000 (2) Income-Tax at 6d. in L . . 550,000 ————- L1,150,000
3. Non-Tax Revenue: (Post Office, Telegraph, etc.) . . . . . L1,020,000 ————— L8,350,000
EXPENDITURE.
1. Contribution to Imperial Exchequer on basis of 1/15th of Imperial Expenditure, viz.: (1) Debt Charge . . . . . . . . L1,466,000 (2) Army and Navy . . . . . . . 1,666,000 (3) Civil Charges . . . . . . . 110,000 ————- L3,242,000 2. Sinking Fund on 1/15th of Capital of Debt . . . . . . . . . . . . . 360,000 3. Charge for Constabulary[14] . . . . . . . 1,000,000 4. Local Civil Charges other than Constabulary . . . . . . . . . 2,510,000 5. Collection of Revenue: (1) Imperial Taxes . . . . . . L170,000 (2) Local Taxes . . . . . . . . 60,000 (3) Non-Tax Revenue . . . . . . 604,000 ———- 834,000 6. Balance or Surplus . . . . . . . . . . . . 404,000 ———— L8,350,000
The Imperial contribution payable by Ireland to Great Britain cannot be increased for thirty years, though it may be diminished if the charges for the army and navy and Imperial civil expenditure for any year be less than fifteen times the contribution paid by Ireland, in which case 1/15th of the diminution will be deducted from the annual Imperial contribution. Apart from the Imperial charges there are other charges strictly Irish, for the security of the payment of which the Bill provides. This it does by imposing an obligation on the Irish legislative body to enact sufficient taxes to meet such charges, and by directing them to be paid by the Imperial Receiver-General, who is required to keep an imperial and an Irish account, carrying the customs and excise duties, in the first instance, to the imperial account, and the local taxes to the Irish account, transferring to the Irish account the surplus remaining after paying the imperial charges on the imperial account. On this Irish account are charged debts due from the Government of Ireland, pensions, and other sums due to the civil servants, and the salaries of the judges of the supreme courts in Ireland.
Some provisions of importance remain to be noticed. Judges of the superior and county courts in Ireland are to be removable from office only on address to the Crown, presented by both orders of the Legislative body voting separately. Existing Civil servants are retained in their offices at their existing salaries; if the Irish Government desire their retirement, they will be entitled to pensions; on the other hand, if at the end of two years the officers themselves wish to retire, they can do so, and will be entitled to the same pensions as if their office had been abolished. The pensions are payable by the Receiver-General out of the Irish account above mentioned.
The supremacy of the Imperial Parliament over all parts of the Empire is an inherent quality of which Parliament cannot divest itself, inasmuch as it cannot bind its successors or prevent them from repealing any prior Act. In order, however, to prevent any misapprehension on this point clause 37 was inserted, the efficacy of which, owing in great measure to a misprint, has been doubted. It is enough to state here that it was intended by express legislation to reserve all powers to the Imperial Parliament, and had the Bill gone into Committee the question would have been placed beyond the reach of cavil by a slight alteration in the wording of the clause. This summary may be concluded by the statement that the appellate jurisdiction of the House of Lords over actions and suits arising in Ireland (except in respect of constitutional questions reserved for the determination of the Judicial Committee of the Privy Council as explained above), and with respect to claims for Irish Peerages, is preserved intact.
The object of the Land Bill was a political one: to promote the contentment of the people, and the cause of good government in Ireland, by settling once and for ever the vexed question relating to land. To do this effectually it was necessary to devise a system under which the tenants, as a class, should become interested in the maintenance of social order, and be furnished with substantial inducements to rally round the institutions of their country. On the other hand, it was just and right that the landlords should participate in the benefits of any measure proposed for remedying the evils attendant upon the tenure of land in Ireland; and should be enabled to rid themselves, on fair terms, of their estates in cases where, from apprehension of impending changes, or for pecuniary reasons, they were desirous of relieving themselves from the responsibilities of ownership. Further, it was felt by the framers of the Bill that a moral obligation rested on the Imperial Government to remove, if possible, "the fearful exasperations attending the agrarian relations in Ireland," rather than leave a question so fraught with danger, and so involved in difficulty, to be determined by the Irish Government on its first entry on official existence. Such were the governing motives for bringing in the Land Bill.
To understand an Irish Land Bill it is necessary to dismiss at once all ideas of the ordinary relations between landlord and tenant in England, and to grasp a true conception of the condition of an Irish tenanted estate. In England the relation between the landlord and tenant of a farm resembles, with a difference in the subject-matter, the relation between the landlord and tenant of a furnished house. In the case of the house, the landlord keeps it in a state fit for habitation, and the tenant pays rent for the privilege of living in another man's house. In the case of the farm, the landlord provides the farm with house, farm-buildings, gates, and other permanent improvements required to fit it for cultivation by the tenant, and the tenant pays rent for the privilege of cultivating the farm, receiving the proceeds of that cultivation. The characters of owner and tenant, however long the connection between them may subsist, are quite distinct. The tenant does no acts of ownership, and never regards the land as belonging to himself, quitting it without hesitation if he can make more money by taking another farm. In Ireland the whole situation is different: instead of a farm of some one hundred or two hundred acres, the tenant has a holding varying, say, from five to fifty acres, for which he pays an annual rent-charge to the landlord. He, or his ancestors have, in the opinion of the tenant, acquired a quasi-ownership in the land by making all the improvements, and he is only removable on non-payment of the fixed rent, or non-fulfilment of certain specified conditions. In short, in Ireland the ownership is dual: the landlord is merely the lord of a quasi-copyhold manor, consisting of numerous small tenements held by quasi-copyholders who, so long as they pay what may be called the manorial rents, and fulfil the manorial conditions, regard themselves as independent owners of their holdings. An Irish Land Bill, then, dealing with tenanted estates, is, in fact, merely a Bill for converting the small holders of tenements held at a fixed rent into fee-simple owners by redemption of the rent due to the landlord and a transfer of the land to the holders. Every scheme, therefore, for settling the Land question in Ireland resolves itself into an inquiry as to the best mode of paying off the rent-charges due to the landlord. The tenant cannot, of course, raise the capital sufficient for paying off the redemption money; some State authority must, therefore, intervene and advance the whole or the greater part of that money, and recoup itself for the advance by the creation in its own favour of an annual charge on the holding sufficient to repay in a certain number of years both the principal and interest due in respect of the advance.
The first problem, then, in an Irish Land Bill, is to settle the conditions of this annuity in such a manner as to satisfy the landlord and tenant; the first, as to the price of his estate; the second, as to the amount of the annuity to be paid by him, at the same time to provide the State authority with adequate security for the repayment of the advance, or, in other words, for the punctual payments of the annuity which is to discharge the advance. Next in importance to the financial question of the adjustment of the annuity comes the administrative difficulty of investigating the title, and thus securing to the tenant the possession of the fee simple, and to the State authority the position of a mortgagee. Under ordinary circumstances the investigation of the title to an estate involves the examination of every document relating thereto for a period of forty years, and the distribution of the purchase-money amongst the head renters, mortgagees, and other encumbrancers, who, in addition to the landlord, are found to be interested in the ownership of almost every Irish estate. Such a process is costly, even in the case of large estates, and involves an expense almost, and, indeed, speaking generally, absolutely prohibitory in the case of small properties. Some mode, then, must be devised for reducing this expense within manageable limits, or any scheme for dealing with Irish land, however well devised from a financial point of view, will sink under the burden imposed by the expense attending the transfer of the land to the new proprietors. Having thus stated the two principal difficulties attending the Land question in Ireland, it may be well before entering on the details of the Sale and Purchase of Land (Ireland) Bill, to mention the efforts which have been made during the last fifteen years to surmount those difficulties. The Acts having this object in view are the Land Acts of 1870, 1872, and 1881, brought in by Mr. Gladstone, and the Land Purchase Act of 1885, brought in by the Conservative Lord Chancellor of Ireland (Lord Ashbourne). The Act of 1870, as amended by the Act of 1872, provided that the State authority might advance two-thirds of the purchase-money. An attempt was made to get over the difficulties of title by providing that the Landed Estates Court or Board of Works shall undertake the investigation of the title and the transfer and distribution of the purchase-money at a fixed price. The Act of 1881 increased the advance to three-quarters, leaving the same machinery to deal with the title. Both under the Acts of 1870 and 1881 the advance was secured by an annuity of 5 per cent., payable for the period of thirty-five years, and based on the loan of the money by the English Exchequer at 3-1/2 per cent. interest. These Acts produced very little effect. The expense of dealing with the titles in the Landed Estates Court proved overwhelming, and neither the Board of Works, under the Act of 1872, nor the Land Commission, under the Act of 1881, found themselves equal to the task of completing inexpensively the transfer of the land; further, the tenants had no means of providing even the quarter of the purchase-money required by the Act of 1881. In 1885 Lord Ashbourne determined to remove all obstacles at the expense of the English Exchequer. By the Land Act of that year he authorized the whole of the purchase-money to be advanced by the State, with a guarantee by the landlord, to be carried into effect by his allowing one-fifth of the purchase-money to remain in the hands of the agents of the State Authority until one-fifth of the purchase-money had been repaid by the annual payments of the tenants. The principal was to be recouped by an annuity of 4 per cent., extending over a period of forty-nine years, instead of an annuity of 5 per cent. extending over a period of thirty-five years. The English Exchequer was to advance the money on the basis of interest at 3-1/8 per cent., instead of at 3-1/2 per cent. Though sufficient time has not yet elapsed to show whether the great bribe offered by the Act of 1885, at the expense of the British taxpayer, will succeed in overcoming the apathy of the tenants, it cannot escape notice that if the Act of 1885 succeeds better than the previous Acts, it will owe that success solely to the greater amount of risk which it imposes on the English Exchequer, and not to any improvement in the scheme in respect of securing greater certainty of sale to the Irish landlord, or of diminishing the danger of loss to the English taxpayer.
Such being the state of legislation, and such the circumstances of the land question in Ireland in the year 1886, the Irish Government Bill afforded Mr. Gladstone the means and the opportunity of bringing in a Land Bill which would secure to the Irish landlord the certainty of selling his land at a fair price, without imposing any practical liability on the English Exchequer, and would, at the same time, diminish the annual sums payable by the tenant; while it also conferred a benefit on the Irish Exchequer. These advantages were, as will be seen, gained, firstly, by the pledge of English credit on good security, instead of advancing money on a mere mortgage on Irish holdings, made directly to the English Government; and, secondly, by the interposition of the Irish Government, as the immediate creditor of the Irish tenant. The scheme of the Land Purchase Bill is as follows:—The landlord of an agricultural estate occupied by tenants may apply to a department of the new Irish Government to purchase his estate. The tenants need not be consulted, as the purchase, if completed, will necessarily better their condition, and thus at the very outset the difficulty of procuring the assent of the tenants, which has hitherto proved so formidable an obstacle to all Irish land schemes, disappears. The landlord may require the department to which he applies (called in the Bill the State Authority) to pay him the statutory price of his estate, not in cash, but in consols valued at par. This price, except in certain unusual cases of great goodness or of great badness of the land, is twenty years' purchase of the net rental. The net rental is the gross rental after deducting from that rent tithe rent-charge, the average percentage for expenses in respect of bad debts, any rates paid by the landlord, and any like outgoings. The gross rental of an estate is the gross rent of all the holdings on the estate, payable in the year ending in November, 1885. Where a judicial rent has been fixed, it is the judicial rent; where no judicial rent has been fixed, it is the rent to be determined in the manner provided by the Bill.
To state this shortly, the Bill provides that an Irish landlord may require the State Authority to pay him for his estate, in consols valued at par, a capital sum equal to twenty times the amount of the annual sum which he has actually put into his pocket out of the proceeds of the estate. The determination of the statutory price is, so far as the landlord is concerned, the cardinal point of the Bill, and in order that no injustice may be done the landlord, an Imperial Commission—called the Land Commission—is appointed by the Bill, whose duty it is to fix the statutory price, and, where there is no judicial rent, to determine the amount of rent which, in the character of gross rental, is to form the basis of the statutory price. The Commission also pay the purchase-money to the landlord, or distribute it amongst the parties entitled, and generally the Commission act as intermediaries between the landlord and the Irish State Authority, which has no power of varying the terms to which the landlord is entitled under the Bill, or of judging of the conditions which affect the statutory price. If the landlord thinks the price fixed by the Land Commission, as the statutory price inequitable, he may reject their offer and keep his estate.
Supposing, however, the landlord to be satisfied with the statutory price offered by the Land Commission, the sale is concluded, and the Land Commission make an order carrying the required sum of consols (which is for convenience hereinafter called the purchase-money, although it consists of stock and not of cash) to the account of the estate in their books after deducting 1 per cent. for the cost of investigation of title and distribution of the purchase-money, and upon the purchase-money being thus credited to the estate, the landlord ceases to have any interest in the estate, and the tenants, by virtue of the order of the Land Commission, become owners in fee simple of their holdings, subject to the payment to the Irish State Authority of an annuity. The amount of the annuity is stated in the Bill. It is a sum equal to L4 per cent. on a capital sum equal to twenty times the amount of the gross rental of the holding. The illustration given by Mr. Gladstone in his speech will at once explain these apparently intricate matters of finance. A landlord is entitled to the Hendon estate, producing L1200 a year gross rental; to find the net rental, the Land Commission deduct from this gross rental outgoings estimated at about 20 per cent., or L240 a year. This makes the net rental L960 a year, and the price payable to the landlord is L19,200 (twenty years' purchase of L960, or L960 multiplied by 20), which, as above stated, will be paid in consols. The tenants will pay, as the maximum amount for their holdings, L4 per cent. for forty-nine years on the capitalized value of twenty years' purchase of the gross rent. This will amount to L960 instead of L1,200, which they have hitherto paid; a saving of L240 a year will thus be effected, from which, however, must be deducted the half rates to which they will become liable, formerly paid by the landlord. This L4 per cent. charge payable by the tenants will continue for forty-nine years, but at the end of that time each tenant will become a free owner of his estate without any annual payment. Next, as to the position of the State Authority. The State Authority receives L960 from the tenants; it pays out of that sum L4 per cent., not upon the gross rental, but upon the net rental capitalized, that is to say, L768 to the Imperial Exchequer. The State Authority, therefore, receives,L960, and assuming that the charge of collecting the rental is 2 per cent., that is to say, L19 4s., the State Authority will, out of L960, have to disburse only L787 4s., leaving it a gainer of L172 16s., or nearly 18 per cent. The result then between the several parties is, the landlord receives L19,200; the tenantry pay L240 a year less than they have hitherto paid, and at the end of forty-nine years are exempt altogether from payment; the gain of Irish State Authority is L172 16s. a year. Another mode of putting the case shortly is as follows: The English Exchequer lends the money to the Irish State Authority at 3-1/8 per cent. and an annuity of 4 per cent. paid during forty-nine years will, as has been stated above, repay both principal and interest for every L100 lent at 3-1/8 per cent. On the sale of an estate under the Bill, the landlord receives twenty years' purchase; the tenant pays L4 per cent. on twenty years' purchase of the gross rental; the Irish State Authority receives L4 per cent. on the gross rental; the English Exchequer receives 4 per cent. on the net rental only. The repayment of the interest due by the Irish Authority to the English Exchequer is in no wise dependent on the punctual payment of their annuities by the Irish tenants, nor does the English Government in any way figure as the landlord or creditor of the Irish tenants. The annuities payable by the tenants are due to the Irish Government, and collected by them, while the interest due to the English Government is a charge on the whole of the Irish Government funds; and further, these funds themselves are paid into the hands of the Imperial officer, whose duty it is to liquidate the debt due to his master, the Imperial Exchequer, before a sixpence can be touched by the Irish Government. It is not, then, any exaggeration to say that the Land Purchase Bill of 1886 provides for the settlement of the Irish Land question without any appreciable risk to the English Exchequer, and with the advantage of securing a fair price for the landlord, a diminution of annual payments to the tenant with the ultimate acquisition of the fee simple, also a gain of no inconsiderable sum to the Irish Exchequer. In order to obviate the difficulties attending the investigation of title and transfer of the property, the Bill provides, as stated above, that on the completion of the agreement for the sale between the landlord and the Commission, the holding shall vest at once in the tenants: it then proceeds to declare that the claims of all persons interested in the land shall attach to the purchase-money in the same manner as though it were land. The duty of ascertaining these claims and distributing the purchase-money is vested in the Land Commission, who undertake the task in exchange for the 1 per cent. which they have, as above stated, deducted from the purchase-money as the cost of conducting the complete transfer of the estate from the landlord to the tenants. The difficulty of the process of dealing with the purchase-money depends, of course, on the intricacy of the title. If the vendor is the sole unencumbered owner, he is put in immediate possession of the stock constituting the price of the estate. If there are encumbrances, as is usually the case, they are paid off by the Land Commission. Capital sums are paid in full; jointures and other life charges are valued according to the usual tables. Drainage and other temporary charges are estimated at their present value, permanent rent-charges are valued by agreement, or in case of disagreement, by the Land Commission; a certain minimum number of years' purchase being assigned by the Bill to any permanent rent-charge which amounts only to one-fifth part of the rental of the estate on which it is charged, this provision being made to prevent injustice being done to the holders of rent-charges which are amply secured.
It remains to notice certain other points of some importance. The landlord entitled to require the State to purchase his property is the immediate landlord, that is to say, the person entitled to the receipt of the rent of the estate; no encumbrancer can avail himself of the privilege, the reason being that the Bill is intended to assist solvent landlords, and not to create a new Encumbered Estates Court. The landlord may sell this privilege, and possibly by means of this power of sale may be able to put pressure on his encumbrancers to reduce their claims in order to obtain immediate payment. The Land Commission, in their character of quasi-arbitrators between the landlord and the Irish State Authority, have ample powers given to enable them to do justice. If the statutory price, as settled according to the Act, is too low, they may raise it to twenty-two years' purchase instead of twenty years' purchase. If it is too high, they may refuse to buy unless the landlord will reduce it to a proper price. In the congested districts scheduled in the Bill the land, on a sale, passes to the Irish State Authority, as landlords, and not to the tenants; the reason being that it is considered that the tenants would be worsened, rather than bettered, by having their small plots vested in them in fee simple. For the same cause it is provided that in any part of Ireland tenants of holdings under L4 a year may object to become the owners of their holdings, which will thereupon vest, on a sale, in the Irish State Authority. Lastly, the opportunity is taken of establishing a registry of title in respect of all property dealt with under the Bill. The result of such a registry would be that any property entered therein would ever thereafter be capable of being transferred with the same facility, and at as little expense, as stock in the public funds.
FOOTNOTES:
[Footnote 14: Any charge in excess of one million was to be borne by Imperial Exchequer.]
THE "UNIONIST" POSITION.
BY CANON MACCOLL
Is it not time that the opponents of Home Rule for Ireland should define their position? They defeated Mr. Gladstone's scheme last year in Parliament and in the constituencies; and they defeated it by the promise of a counter policy which was to consist, in brief, of placing Ireland on the same footing as Great Britain in respect to Local Government; or, if there was to be any difference, it was to be in the direction of a larger and more generous measure for Ireland than for the rest of the United Kingdom. This certainly was the policy propounded by the distinguished leader of the Liberal Unionists in his speech at Belfast, in November, 1885, and repeated in his electoral speeches last year. In the Belfast speech Lord Hartington said: "My opinion is that it is desirable for Irishmen that institutions of local self-government such as are possessed by England and Scotland, and such as we hope to give in the next session in greater extent to England and Scotland, should also be extended to Ireland." But this extension of local self-government to Ireland would require, in Lord Hartington's opinion, a fundamental change in the fabric of Irish Government. "I would not shrink," he says, "from a great and bold reconstruction of the Irish Government," a reconstruction leading up gradually to some real and substantial form of Home Rule. His Lordship's words are: "I submit with some confidence to you these principles, which I have endeavoured to lay down, and upon which, I think, the extension of Local Government in Ireland must proceed. First, you must have some adequate guarantees both for the maintenance of the essential unity of the Empire and for the protection of the minority in Ireland. And, secondly, you must also admit this principle: the work of complete self-government of Ireland, the grant of full control over the management of its own affairs, is not a grant that can be made by any Parliament of this country in a day. It must be the work of continuous and careful effort." Elsewhere in the same speech Lord Hartington says: "Certainly I am of opinion that nothing can be done in the direction of giving Ireland anything like complete control over her own affairs either in a day, or a session, or probably in a Parliament." "Complete control over her own affairs," "the work of complete self-government of Ireland, the grant of full control over the management of its own affairs:" this is the policy which Lord Hartington proclaimed in Ulster, the promise which he, the proximate Liberal leader, held out to Ireland on the eve of the General Election of 1885. It was a policy to be begun "in the next session," though not likely to be completed "in a day, or a session, or probably in a Parliament."
Next to Mr. Gladstone and Lord Hartington the most important member of the Liberal party at that time was undoubtedly Mr. Chamberlain, and Mr. Chamberlain's Irish policy was proclaimed in the _Radical Programme, which was published before the General Election as the Radical leader's manifesto to the constituencies. This scheme, which Mr. Chamberlain had submitted as a responsible minister to the Cabinet of Mr. Gladstone in June, 1885, culminated in a National Council which was to control a series of local bodies and govern the whole of Ireland. "His National Council was to consist of two orders; one-third of its members were to be elected by the owners of property, and two-thirds by ratepayers. The National Council also was to be a single one, and Ulster was not to have a separate Council. As the Council was to be charged with the supervision and legislation about education, which is the burning question between Catholics and Protestants, it is clear that Mr. Chamberlain at that time contemplated no special protection for Ulster."[15] Moreover, in a letter dated April 23rd, 1886, and published in the _Daily News_ of May 17th, 1886, Mr. Chamberlain declared that he "had not changed his opinion in the least" since his first public declaration on Irish policy in 1874. "I then said that I was in favour of the principles of Home Rule, as defined by Mr. Butt, but that I would do nothing which would weaken in any way Imperial unity, and that I did not agree with all the details of his plan.... Mr. Butt's proposals were in the nature of a federal scheme, and differ entirely from Mr. Gladstone's, which are on the lines of Colonial independence. Mr. Butt did not propose to give up Irish representation at Westminster." It is true that Mr. Butt did not propose to give up Irish representation at Westminster; but it is also true that he proposed to give it up in the sense in which Mr. Chamberlain wishes to retain it. Mr. Butt's words, in the debate to which Mr. Chamberlain refers, are, "that the House should meet _without Irish members_ for the discussion of English and Scotch business; and when there was any question affecting the Empire at large, Irish members might be summoned to attend. He saw no difficulty in the matter."[16]
There is no need to quote Mr. Gladstone's declarations on the Irish question at the General Election of 1885, and previously. He has been accused of springing a surprise on the country when he proposed Home Rule in the beginning of 1886. That is not, at all events, the opinion of Lord Hartington. In a speech delivered at the Eighty Club in March, 1886, his Lordship, with his usual manly candour, declared as follows: "I am not going to say one word of complaint or charge against Mr. Gladstone for the attitude which he has taken on this question. I think no one who has read or heard, during a long series of years, the declarations of Mr. Gladstone on the question of self-government for Ireland, can be surprised at the tone of his present declarations.... When I look back to those declarations that Mr. Gladstone made in Parliament, which have not been unfrequent; when I look back to the increased definiteness given to those declarations in his address to the electors of Midlothian, and in his Midlothian speeches; I say, when I consider all these things, I feel that I have not, and that no one has, any right to complain of the tone of the declarations which Mr. Gladstone has recently made upon this subject."
So much as to the state of Liberal opinion on the Irish question at the General Election of 1885. The leaders of all sections of the party put the Irish question in the foreground of their programme for the session of 1886. We all remember Sir Charles Dilke's public announcement that he and Mr. Chamberlain were going to visit Ireland in the autumn of 1885, to study the Irish question on the spot, with a view to maturing a plan for the first session of the new Parliament.
What about the Conservative party? Lord Salisbury's Newport speech was avowedly the programme of his Cabinet. It was the Conservative answer to Mr. Gladstone's Midlothian manifesto. He dealt with the Irish question in guarded language; but it was language which plainly showed that he recognized, not less clearly than the Liberal leaders, the crucial change which the assimilation of the Irish franchise to that of Great Britain had wrought in Irish policy. His keen eye saw at once the important bearing which that enfranchisement had on the traditional policy of coercion: "You had passed an Act of Parliament, giving in unexampled abundance, and with unexampled freedom, supreme power to the great mass of the Irish people—supreme power as regards their own locality.... To my mind the renewal of exceptional legislation against a population whom you had treated legislatively to this marked confidence was so gross in its inconsistency that you could not possibly hope, during the few remaining months that were at your disposal before the present Parliament expired, to renew any legislation which expressed on one side a distrust of what on the other side your former legislation had so strongly emphasized. The only result of your doing it would have been, not that you would have passed the Act, but that you would have promoted by the very inconsistency of the position that you were occupying—by the untenable character of the arguments that you were advancing—you would have produced so intense an exasperation amongst the Irish people, that you would have caused ten times more evil, ten times more resistance to law than your Crimes Act, even if it had been renewed, would possibly have been able to check." Lord Salisbury went on to say that "the effect of the Crimes Act had been very much exaggerated," and that "boycotting is of that character which legislation has very great difficulty in reaching." "Boycotting does not operate through outrage. Boycotting is the act of a large majority of a community resolving to do a number of things which are themselves legal, and which are only illegal by the intention with which they are done."
Next to Lord Salisbury the most prominent member of the Conservative party at that date was Lord Randolph Churchill. On the 3rd of January, 1885, when it was rumoured that Mr. Gladstone's Government, then in office, intended to renew a few of the clauses of the Crimes Act, Lord Randolph Churchill made a speech at Bow against any such policy. The following quotation will suffice as a specimen of his opinion: "It comes to this, that the policy of the Government in Ireland is to declare on the one hand, by the passing of the Reform Bill, that the Irish people are perfectly capable of exercising for the advantage of the Empire the highest rights and privileges of citizenship; and by the proposal to renew the Crimes Act they simultaneously declare, on the other hand, that the Irish people are perfectly incapable of performing for the advantage of society the lowest and most ordinary duties of citizenship.... All I can say is that, if such an incoherent, such a ridiculous, such a dangerously ridiculous combination of acts can be called a policy, then, thank God, the Conservative party have no policy."
Within a few months of the delivery of that speech a Conservative Government was in office, with Lord Randolph Churchill as its leader in the House of Commons; and one of the first acts of the new leader was to separate himself ostentatiously from the Irish policy of Lord Spencer and from the policy of coercion in general. Lord Randolph Churchill, as the organ of the Government in the House of Commons, repudiated in scornful language any atom of sympathy with the policy pursued by Lord Spencer in Ireland; and Lord Carnarvon, the new Viceroy, declared that "the era of coercion" was past, and that the Conservative Government intended to govern Ireland by the ordinary law. Lord Carnarvon, in addition, and very much to his credit, sought and obtained an interview with Mr. Parnell, and discussed with him, in sympathetic language, the question of Home Rule. In his own explanation of this interview Lord Carnarvon admitted that he desired to see established in Ireland some form of self-government which would satisfy "the national sentiment."
It is idle, therefore, to assert that the question of Home Rule for Ireland, in some form or other, was sprung on the country as a surprise by Mr. Gladstone in the beginning of 1886. The question was brought prominently before the public in the General Election of 1885 as one that must be faced in the new Parliament. All parties were committed to that policy, and the only difference was as to the character and limits of the measure of self-government to be granted to Ireland; whether it was to be large enough to satisfy "the national sentiment," as Lord Carnarvon, Mr. Chamberlain, Mr. Gladstone, and others desired; or whether it was to consist only of a system of county boards under the control of a reformed Dublin Castle. There was a general agreement that the grant to Ireland of electoral equality with England necessitated equality of political treatment, and that, above all things, there was to be no renewal of the stale policy of Coercion until the Irish people had got an opportunity of proving or disproving their fitness for self-government, unless, indeed, there should happen to be a recrudescence of crime which would render exceptional legislation necessary. The election of 1886 turned almost entirely on the question of Irish government, and it is not too much to say that Conservatives and Liberal Unionists vied with Home Rulers in repudiating a return to the policy of coercion until the effect of some kind of self-government had been tried. Of course, there were the usual platitudes about the necessity of maintaining law and order; but there was a consensus of profession that coercion should not be resorted to unless there was a fresh outbreak of crime and disorder in Ireland.
Such were the professions of the opponents of Home Rule in 1885 and in 1886. They have now been in office for eighteen months, and what do we behold? They have passed a perpetual Coercion Bill for Ireland, and the question of any kind of self-government has been relegated to an uncertain future. In his recent speech at Birmingham (Sept. 29), Mr. Chamberlain has declared that the question is not ripe for solution, and that the question of disestablishment, in Wales, Scotland, and England successively, as well as the questions of Local Option, local government for Great Britain, and of the safety of life at sea, must take precedence of it. That means the postponement of the reform of Irish Government to the Greek Kalends. What justification can be made for this change of front? No valid justification has been offered. So far from there having been any increase of crime in the interval, there has been a very marked decrease. When the Coercion Bill received the royal assent last August, Ireland was more free from crime than it had been for many years past. Nothing had happened to account for the return to the policy of coercion in violation of the promise to try the experiment of conciliation. The National League was in full vigour in 1885-1886, when the policy of coercion was abandoned; boycotting was just as prevalent, and outrages were much more numerous.
Under these circumstances it is the opponents of Home Rule, not its advocates, who owe an explanation to the public. They defeated Mr. Gladstone's Bill, but promised a Bill of their own. Where is their Bill? We hear nothing of it. They have made a complete change of front. They now tell us that the grievance of Ireland is entirely economic, and that the true solution of the Irish question is the abolition of dual ownership in land combined with a firm administration of the existing law. England and Scotland are to have a large measure of local government next year; but Ireland is to wait till a more convenient season. A more complete reversal of the policy proclaimed last summer by the so-called Unionists cannot be imagined.
Still, however, the "Unionists" hope to be able some day to offer some form of self-government to Ireland. For party purposes they are wise in postponing that day to the latest possible period, for its advent will probably dissolve the union of the "Unionists." Lord Salisbury, Lord Hartington, Mr. Bright, and Mr. Chamberlain cannot agree upon any scheme which all can accept without a public recantation of previous professions. Mr. Bright is opposed to Home Rule "in any shape or form." Mr. Chamberlain, on the other hand, is in favour of a great National Council, on Mr. Butt's lines or on the lines of the Canadian plan; either of which would give the National Council control over education and the maintenance of law and order. Latterly, indeed, Mr. Chamberlain has advocated a separate treatment for Ulster. But the first act of an Ulster Provincial Assembly would probably be to declare the union of that Province with the rest of Ireland. Ulster, be it remembered, returns a majority of Nationalists to the Imperial Parliament. To exclude Ulster from any share in the settlement offered to the other three Provinces would therefore be impracticable; and Mr. Bright has lately expressed his opinion emphatically in that sense. In any case, Lord Hartington could be no party to any scheme so advanced as Mr. Chamberlain's. For although he declared, in his Belfast speech, that "complete self-government" was the goal of his policy for Ireland, he was careful to explain that "the extension of Irish management over Irish affairs must be a growth from small beginnings." But this "growth from small beginnings" would be, in Lord Salisbury's opinion, a very dangerous and mischievous policy. The establishment of self-government in Ireland, as distinct from what is commonly known as Home Rule, he pronounced in his Newport speech to be "a very difficult question;" and in the following passage he placed his finger upon the kernel of the difficulty:—"A local authority is more exposed to the temptation, and has more of the facility for enabling a majority to be unjust to the minority, than is the case when the authority derives its sanction and extends its jurisdiction over a wide area. That is one of the weaknesses of local authorities. In a large central authority the wisdom of several parts of the country will correct the folly or the mistakes of one. In a local authority that correction to a much greater extent is wanting; and it would be impossible to leave that out of sight in the extension of any such local authority to Ireland."
This seems to me a much wiser and more statesmanlike view than a system of elective boards scattered broadcast over Ireland. A multitude of local boards all over Ireland, without a recognized central authority to control them, would inevitably become facile instruments in the hands of the emissaries of disorder and sedition. And, even apart from any such sinister influences, they would be almost certain to yield to the temptation of being oppressive, extravagant, and corrupt, if there were no executive power to command their confidence and enforce obedience. Without the previous creation of some authority of that kind it would be sheer madness to offer Ireland the fatal boon of local self-government. It would enormously increase without conciliating the power of the Nationalists, and would make the administration of Ireland by constitutional means simply impossible. The policy of the Liberal Unionists is thus much too large or much too small. It is too small to conciliate, and therefore too large to be given with safety. All these proposed concessions are liable to one insuperable objection; they would each and all enable the Irish to extort Home Rule, but under circumstances which would rob it of its grace and repel gratitude. Mill has some admirable observations bearing on this subject, and I venture to quote the following passage: "The greatest imperfection of popular local institutions, and the chief cause of the failure which so often attends them, is the low calibre of the men by whom they are almost always carried on. That these should be of a very miscellaneous character is, indeed, part of the usefulness of the institution; it is that circumstance chiefly which renders it a school of political capacity and general intelligence. But a school supposes teachers as well as scholars; the utility of the instruction greatly depends on its bringing inferior minds into contact with superior, a contact which in the ordinary course of life is altogether exceptional, and the want of which contributes more than anything else to keep the generality of mankind on one level of contented ignorance.... It is quite hopeless to induce persons of a high class, either socially or intellectually, to take a share of local administration in a corner by piecemeal as members of a Paving Board or a Drainage Commission."[17]
Mr. Mill goes on to argue that it is essential to the safe working of any scheme of local self-government that it should be under the control of a central authority in harmony with public opinion.
When the "Unionists" begin, if they ever do begin, seriously to deliberate on the question of self-government for Ireland, they will find that they have only two practicable alternatives—the maintenance of the present system, or some scheme of Home Rule on the lines of Mr. Gladstone's much misunderstood Bill. And the ablest men among the "Unionists" are beginning to perceive this. The Spectator has in a recent article implored Mr. Chamberlain to desist from any further proposal in favour of self-government for Ireland, because the inevitable result would be to split up the Unionist party; and Mr. Chamberlain, as we have seen, has accepted the advice. Another very able and very logical opponent of Home Rule has candidly avowed that the only alternative to Home Rule is the perpetuation of "things as they are." Ireland, he thinks, "possesses none of the conditions necessary for local self-government." His own view, therefore, is "that in Ireland, as in France, an honest, centralized administration of impartial officials, and not local self-government, would best meet the real wants of the people."
"The name of 'Self-government' has a natural fascination for Englishmen; but a policy which cannot satisfy the wishes of Home Rulers, which may—it is likely enough—be of no benefit to the Irish people, which will certainly weaken the Government in its contest with lawlessness and oppression, is not a policy which obviously commends itself to English good sense."[18]
Well may this distinguished "Supporter of things as they are" declare: "The maintenance of the Union [on such terms] must necessarily turn out as severe a task as ever taxed a nation's energies; for to maintain the Union with any good effect, means that, while refusing to accede to the wishes of millions of Irishmen, we must sedulously do justice to every fair demand from Ireland; must strenuously, and without fear or favour, assert the equal rights of landlords and tenants, of Protestants and Catholics; and must, at the same time, put down every outrage and reform every abuse."
What hope is there of this? Our only guide to the probabilities of the future is our experience of the past And what has that been in Ireland? In every year since the Legislative Union there have been multitudes of men in England as upright, as enlightened, as well-intentioned towards Ireland, as Professor Dicey, and with better opportunities of translating their thoughts into acts. Yet what has been the result? Si monumenlum requiris circumspice. Behold Ireland at this moment, and examine every year of its history since the Union. Do the annals of any constitutional Government in the world present so portentous a monument of Parliamentary failure, so vivid an example of a moral and material ruin "paved with good intentions"? Therein lies the pathos of it. Not from malice, not from cruelty, not from wanton injustice, not even from callous indifference to suffering and wrong, does our misgovernment of Ireland come. If the evil had its root in deliberate wrong-doing on the part of England it would probably have been cured long ago. But each generation, while freely confessing the sins of its fathers, has protested its own innocence and boasted of its own achievements, and then, with a pharisaic sense of rectitude, has complacently pointed to some inscrutable flaw in the Irish character as the key to the Irish problem. The generation which passed the Act of Union, oblivious of British pledges solemnly given and lightly broken, wondered what had become of the prosperity and contentment which the promoters of the Union had promised to Ireland. The next generation made vicarious penance, and preferred the enactment of Catholic emancipation to the alternative of civil war; and then wondered in its turn that Ireland still remained unpacified. Then came a terrible famine, followed by evictions on a scale so vast and cruel that the late Sir Robert Peel declared that no parallel could be found for such a tale of inhumanity in "the records of any country, civilized or barbarous." Another generation, pluming itself on its enlightened views and kind intentions, passed the Encumbered Estates Act, which delivered the Irish tenants over to the tender mercies of speculators and money-lenders; and then Parliament for a time closed its eyes and ears, and relied upon force alone to keep Ireland quiet. It rejected every suggestion of reform in the Land laws; and a great Minister, himself an Irish landlord, dismissed the whole subject in the flippant epigram that "tenant-right was landlord-wrong." Since then the Irish Church has been disestablished, and two Land Acts have been passed; yet we seem to be as far as ever from the pacification of Ireland. Surely it is time to inquire whether the evil is not inherent in our system of governing Ireland, and whether there is any other cure than that which De Beaumont suggested, namely, the destruction of the system. It is probable that there is not in all London a more humane or a more kind-hearted man than Lord Salisbury. Yet Lord Salisbury's Government will do some harsh and inequitable things in Ireland this winter, just as Liberal Governments have done during their term of office. The fault is not in the men, but in the system which they have to administer. I see no reason to doubt that Sir M. Hicks-Beach did the best he could under the circumstances; but, unfortunately, bad is the best. In a conversation which I had with Dr. Doellinger while he was in full communion with his Church, I ventured to ask him whether he thought that a new Pope, of Liberal ideas, force of character, and commanding ability, would make any great difference in the Papal system. "No," he replied, "the Curial system is the growth of centuries, and there can be no change of any consequence while it lasts. Many a Pope has begun with brave projects of reform; but the struggle has been brief, and the end has been invariably the same: the Pope has been forced to succumb. His entourage has been too much for him. He has found himself enclosed in a system which was too strong for him, wheel within wheel; and while the system lasts the most enlightened ideas and the best intentions are in the long run unavailing." This criticism applies, mutatis mutandis, to what may be called the Curial system of Dublin Castle. It is a species of political Ultramontanism, exercising supreme power behind the screen of an official infallibility on which there is practically no check, since Parliament has never hitherto refused to grant it any power which it demanded for enforcing its decrees.
There is, moreover, another consideration which must convince any dispassionate mind which ponders it, that the British Parliament is incompetent to manage Irish affairs, and must become increasingly incompetent year by year. In ordinary circumstances Parliament sits about twenty-seven weeks out of the fifty-two. Five out of the twenty-seven may safely be subtracted for holidays, debates on the Address, and other debates apart from ordinary business. That leaves twenty-two weeks, and out of these two nights a week are at the disposal of the Government and three at the disposal of private members; leaving in all forty-four days for the Government and sixty-six for private members. Into those forty-four nights Government must compress all its yearly programme of legislation for the whole of the British Empire, from the settlement of some petty dispute about land in the Hebrides, to some question of high policy in Egypt, India, or other portions of the Queen's world-wide empire; and all this amidst endless distractions, enforced attendance through dreary debates and vapid talk, and a running fire of cross-examination from any volunteer questioner out of the six hundred odd members who sit outside the Government circle. The consequence is, that Parliament is getting less able every year to overtake the mass of business which comes before it. Each year contributes its quota of inevitable arrears to the accumulated mass of previous Sessions, and the process will go on multiplying in increasing ratio as the complex and multiform needs of modern life increase. The large addition recently made to the electorate of the United Kingdom is already forcing a crop of fresh subjects on the attention of Parliament, as well as presenting old ones from new points of view. Plans of devolution and Grand Committees will fail to cope with this evil. To overcome it we need some organic change in our present Parliamentary system, some form of decentralization, which shall leave the Imperial Parliament supreme over all subordinate bodies, yet relegate to the historic and geographical divisions of the United Kingdom the management severally of their own local affairs.
I should have better hope from governing Ireland (if it were possible) as we govern India, than from the present Unionist method of leaving "things as they are." A Viceroy surrounded by a Council of trained officials, and in semi-independence of Parliament, would have settled the Irish question, land and all, long ago. But imagine India governed on the model of Ireland: the Viceroy and the most important member of his Government changing with every change of Administration at Westminster;[19] his Council and the official class in general consisting almost exclusively of native Mussulmans, deeply prejudiced by religious and traditional enmity against the great mass of the population; himself generally subordinate to his Chief Secretary, and exposed to the daily criticism of an ignorant Parliament and to the determined hostility of eighty-six Hindoos, holding seats in Parliament as the representatives of the vast majority of the people of India, and resenting bitterly the domination of the hereditary oppressors of their race. How long could the Government of India be carried on under such conditions?
Viewing it all round, then, it must be admitted that the problem of governing Ireland while leaving things as they are is a sufficiently formidable one. Read the remarkable admissions which the facts have forced from intelligent opponents of Home Rule like Mr. Dicey, and add to them all the other evils which are rooted in our existing system of Irish government, and then consider what hope there is, under "things as they are," of "sedulously doing justice to every demand from Ireland," "strenuously, and without fear or favour, asserting the equal rights of landlords and tenants, Protestants and Catholics," "putting down every outrage, and reforming every abuse;" and all the "while refusing to accede to the wishes of millions of Irishmen" for a fundamental change in a political arrangement that has for centuries produced all the mischief which the so-called Unionist party are forced to admit, and much more besides, while it has at the same time frustrated every serious endeavour to bring about the better state of things which they expect from—what? From "things as they are!" As well expect grapes from thorns, or figs from thistles. While the tree remains the same, no amount of weeding, or pruning, or manuring, or change of culture, will make it bring forth different fruit. Mr. Dicey, among others, has demolished what Lord Beaconsfield used to call the "bit-by-bit" reformers of Irish Government—those who would administer homoeopathic doses of local self-government, but always under protest that the supply was to stop short of what would satisfy the hunger of the patient. But a continuance of "things as they are," gilded with a thin tissue of benevolent hopes and aspirations, is scarcely a more promising remedy for the ills of Ireland. Is it not time to try some new treatment—one which has been tried in similar cases, and always with success? One only policy has never been tried in Ireland—honest Home Rule.
Certainly, if Home Rule is to be refused till all the prophets of evil are refuted, Ireland must go without Home Rule for ever. "If the sky fall, we shall catch larks." But he would be a foolish bird-catcher who waited for that contingency. And not less foolish is the statesman who sits still till every conceivable objection to his policy has been mathematically refuted in advance, and every wild prediction falsified by the event; for that would ensure his never moving at all. Sedet aeternumque sedebit. A proper enough attitude, perhaps, on the part of an eristic philosopher speculating on politics in the silent shade of academic groves, but hardly suitable for a practical politician who has to take action on one of the most burning questions of our time. Human affairs are not governed by mathematical reasoning. You cannot demonstrate the precise results of any legislative measure beforehand as you can demonstrate the course of a planet in the solar system. "Probability," as Bishop Butler says, "is the guide of life;" and an older philosopher than Butler has warned us that to demand demonstrative proof in the sphere of contingent matter is the same kind of absurdity as to demand probable reasoning in mathematics. You cannot confute a prophet before the event; you can only disbelieve him. The advocates of Home Rule believe that their policy would in general have an exactly contrary effect to that predicted by their opponents. In truth, every act of legislation is, before experience, amenable to such destructive criticism as these critics urge against Home Rule. I have not a doubt that they could have made out an unanswerable "case" against the Great Charter at Runnymede; and they would find it easy to prove on a priori grounds that the British Constitution is one of the most absurd, mischievous, and unworkable instruments that ever issued from human brains or from the evolution of events. By their method of reasoning the Great Charter and other fundamental portions of the Constitution ought to have brought the Government of the British Empire to a deadlock long ago. Every suspension of the Habeas Corpus Act, every Act of Attainder, every statute for summary trial and conviction before justices of the peace, is a violation of the fundamental article of the Constitution, which requires that no man shall be imprisoned or otherwise punished except after lawful trial by his peers.[20] Consider also the magazines of explosive materials which lie hidden in the constitutional prerogatives of the Crown, if they could only be ignited by the match of an ingenious theorist. The Crown, as Lord Sherbrooke once somewhat irreverently expressed it, "can turn every cobbler in the land into a peer," and could thus put an end, as the Duke of Wellington declared, to "the Constitution of this country."[21] "The Crown is not bound by Act of Parliament unless named therein by special and particular words."[22] The Crown can make peace or war without consulting Parliament, can by secret treaty saddle the nation with the most perilous obligations, and give away all such portions of the empire as do not rest on Statute. The prerogative of mercy, too, would enable an eccentric Sovereign, aided by an obsequious Minister, to open the jails and let all the convicted criminals in the land loose upon society.[22] But criticism which proves too much in effect proves nothing.
In short, every stage in the progress of constitutional reform has, in matter of fact, been marked by similar predictions falsified by results, and the prophets who condemn Home Rule have no better credentials; indeed, much worse, for they proclaim the miserable failure of "things as they are," whereas their predecessors were in their day satisfied with things as they were.[23]
It is, high time, therefore, to call upon the opponents of Home Rule to tell us plainly where they stand. They claim a mandate from the country for their policy. They neither asked nor received a mandate to support the system of Government which prevailed in Ireland at the last election, and still less the policy of coercion which they have substituted for that system. Do they mean to go back or forward? They cannot stand still. They have already discovered that one act of repression leads to another, and they will find ere long that they have no alternative except Home Rule or the suppression of Parliamentary Government in Ireland. Men may talk lightly of the ease with which eighty-six Irish members may be kept in order in Parliament. They forget that the Irish people are behind the Irish members. How is Ireland to be governed on Parliamentary principles if the voice of her representatives is to be forcibly silenced or disregarded? Could even Yorkshire or Lancashire be governed permanently in that way? Let it be observed that we have now reached this pass, namely, that the opponents of Home Rule are opposed to the Irish members, not on any particular form of self-government for Ireland, but on any form; in other words, they resist the all but unanimous demand of Ireland for what "Unionists" of all parties declared a year ago to be a reasonable demand. No candidate at the last election ventured to ask the suffrages of any constituency as "a supporter of things as they are." Yet that is practically the attitude now assumed by the Ministerial party, both Conservatives and Liberal Unionists. It is an attitude of which the country is getting weary, as the bye-elections have shown. But the "Unionists," it must be admitted, are in a sore dilemma. Their strength, such as it is, lies in doing nothing for the reform of Irish Government. Their bond of union consists of nothing else but opposition to Mr. Gladstone's policy. They dare not attempt to formulate any policy of their own, knowing well that they would go to pieces in the process. Their hope and speculation is that something may happen to remove Mr. Gladstone from the political arena before the next dissolution. But, after all, Mr. Gladstone did not create the Irish difficulty. It preceded him and will survive him, unless it is settled to the satisfaction of the Irish people before his departure. And the difficulty of the final settlement will increase with every year of delay. Nor will the difficulty be confined to Ireland. The Irish question is already reacting upon kindred, though not identical, problems in England and Scotland, and the longer it is kept open, so much the worse will it be for what are generally regarded as Conservative interests. It is not the Moderate Liberals or Conservatives who are gaining ground by the prolongation of the controversy, and the disappearance of Mr. Gladstone from the scene would have the effect of removing from the forces of extreme Radicalism a conservative influence, which his political opponents will discover when it is too late to restore it. Their regret will then be as unavailing as the lament of William of Deloraine over his fallen foe—
"I'd give the lands of Deloraine Dark Musgrave were alive again."
The Irish landlords have already begun to realize the mistake they made when they rejected Mr. Gladstone's policy of Home Rule and Land Purchase. It is the old story of the Sibyl's books. No British Government will ever again offer such terms to the Irish landlords as they refused to accept from Mr. Gladstone. On the other hand, Home Rule is inevitable. Can any reflective person really suppose that the democracy of Great Britain will consent to refuse to share with the Irish people the boon of self-government which will be offered to themselves next year? Any attempt to exclude the Irish from the benefits of such a scheme, after all the promises of the last general election, would almost certainly wreck the government; for constituencies have ways and means of impressing their wills on their representatives in Parliament even without a dissolution. If, on the other hand, Ireland should be included in a general scheme of local Government, the question of who shall control the police will arise. In Great Britain the police, of course, will be under local control. To refuse this to Ireland would be to offer a boon with a stigma attached to it. The Irish members agreed to let the control of the constabulary remain, under Mr. Gladstone's scheme, for some years in the hands of the British Government; but they would not agree to this while Dublin Castle ruled the country. Moreover, the formidable difficulty suggested by Lord Salisbury and Mr. John Stuart Mill (see pp. 115, 116) would appear the moment men began seriously to consider the question of local government for Ireland. The government of Dublin Castle would have to go, but something would have to be put in its place; and when that point has been reached it will probably be seen that nothing much better or safer can be found than some plan on the main lines of Mr. Gladstone's Bill.
FOOTNOTES:
[Footnote 15: Speech at Manchester, May 7, 1886, by Mr. Shaw-Lefevre, who was a member of the Cabinet to which Mr. Chamberlain's scheme was submitted.]
[Footnote 16: Hansard, vol. 220, pp. 708, 715.]
[Footnote 17: Considerations on Representative Government, p. 281.]
[Footnote 18: Dicey's England's Case against Home Rule, pp. 25-31, and Letter in Spectator of September 17th, 1887.]
[Footnote 19: From the beginning of 1880 till now there have been six Viceroys and ten Chief Secretaries in Dublin—namely, Duke of Marlborough, Earls Cowper and Spencer, Earls of Carnarvon and Aberdeen, and the Marquis of Londonderry; Mr. Lowther, Mr. Forster, Lord F. Cavendish, Mr. Trevelyan, Mr. Campbell Bannerman, Sir W. Hart Dyke, Mr. W.H. Smith, Mr. J. Morley, Sir M. Hicks-Beach, and Mr. A. Balfour. A fine example, truly, of stable government and continuous policy!]
[Footnote 20: Creasy's Imperial and Colonial Constitutions of the Britannic Empire, p. 155.]
[Footnote 21: May's Const. Hist., i. 313.]
[Footnote 22: Blackstone's Commentaries, by Stephen, ii. 491, 492, 497, 507.]
[Footnote 23: We need not go far afield for illustrations. A few samples will suffice. "It was natural," says Mill (Rep. Gov., p. 311), "to feel strong doubts before trial had been made how such a provision [as the Supreme Court of the United States] would work; whether the tribunal would have the courage to exercise its constitutional power; if it did, whether it would exercise it wisely, and whether the Government would consent peaceably to its decision. The discussions on the American Constitution, before its final adoption, give evidence that these natural apprehensions were strongly felt; but they are now entirely quieted, since, during the two generations and more which have subsequently elapsed, nothing has occurred to verify them, though there have at times been disputes of considerable acrimony, and which became the badges of parties respecting the limits of the authority of the Federal and State Governments." The Austrian opponents of Home Rule in Hungary predicted that it would lead straight to separation. The opponents of the Canadian Constitution prophesied that Canada would in a few years be annexed to the United States; and Home Rule in Australia was believed by able statesmen to involve independence at an early date. Mr. Dicey himself tells us "that the wisest thinkers of the eighteenth century (including Burke) held that the independence of the American Colonies meant the irreparable ruin of Great Britain. There were apparently solid reasons for this belief: experience has proved it to be without foundation." The various changes in our own Constitution, and even in our Criminal Code, were believed by "men of light and leading" at the time to portend national ruin. All the judges in the land, all the bankers, and the professions generally, petitioned against alteration in the law which sent children of ten to the gallows for the theft of a pocket-handkerchief. The great Lord Ellenborough declared in the House of Lords that "the learned judges were unanimously agreed" that any mitigation in that law would imperil "the public security." "My Lords," he exclaimed, "if we suffer this Bill to pass we shall not know where we stand; we shall not know whether we are on our heads or on our feet." Mr. Perceval, when leader of the House of Commons in 1807, declared that "he could not conceive a time or change of circumstances which would render further concessions to the Catholics consistent with the safety of the State." (Croker Papers, i. 12.) Croker was a very astute man; but here is his forecast of the Reform Act of 1832: "No kings, no lords, no inequalities in the social system; all will be levelled to the plane of the petty shopkeepers and small farmers: this, perhaps, not without bloodshed, but certainly by confiscations and persecutions." "There can be no longer any doubt that the Reform Bill is a stepping-stone in England to a Republic, and in Ireland to separation." Croker met the Queen in 1832, considered her very good-looking, but thought it not unlikely that "she may live to be plain Miss Guelph." Even Sir Robert Peel wrote: "If I am to be believed, I foresee revolution as the consequence of this Bill;" and he "felt that it had ceased to be an object of ambition to any man of equable and consistent mind to enter into the service of the Crown." And as late as 1839, so robust a character as Sir James Graham thought the world was coming to an end because the young Queen gave her confidence to a Whig Minister. "I begin to share all your apprehensions and forebodings," he writes to Croker, "with regard to the probable issue of the present struggle. The Crown in alliance with Democracy baffles every calculation on the balance of power in our mixed form of Government. Aristocracy and Church cannot contend against Queen and people mixed; they must yield in the first instance, when the Crown, unprotected, will meet its fate, and the accustomed round of anarchy and despotism will run its course." And he prays that he may "lie cold before that dreadful day." (Ibid., ii. 113, 140, 176, 181, 356.) Free Trade created a similar panic. "Good God!" Croker exclaimed, "what a chaos of anarchy and misery do I foresee in every direction, from so comparatively small a beginning as changing an average duty of 8s. into a fixed duty of 8s., the fact being that the fixed duty means no duty at all; and no duty at all will be the overthrow of the existing social and political system of our country!" (Ibid., iii. 13.) And what have become of Mr. Lowe's gloomy vaticinations as to the terrible consequences of the very moderate Reform Bill of 1866, followed as it was by a much more democratic measure?]
A LAWYER'S OBJECTIONS TO HOME RULE.
BY E.L. GODKIN.
Mr. Dicey in his Case against Home Rule does me the honour to refer to an article which I wrote a year ago on "American Home Rule,"[24] expressing in one place "disagreement in the general conclusion to which the article is intended to lead," and in another "inability to follow the inference" which he supposes me to draw "against all attempts to enforce an unpopular law." Now the object of that article, I may be permitted to explain, was twofold. I desired, in the first place, to combat the notion which, it seemed to me, if I might judge from a great many of the speeches and articles on the Irish question, was widely diffused even among thoughtful Englishmen that the manner in which the Irish have expressed their discontent—that is, through outrage and disorder—was indicative of incapacity for self-government, and even imposed upon the Englishmen the duty, in the interest of morality (I think it was the Spectator who took this view), and as a disciplinary measure, of refusing to such a people the privilege of managing their own affairs. I tried to show by several noted examples occurring in this country that prolonged displays of lawlessness, and violence, and even cruelty, such as the anti-rent movement in the State of New York, the Ku-Klux outrages in the South, and the persecution of Miss Prudence Crandall in Connecticut, were not inconsistent with the possession of marked political capacity. I suggested that it was hardly adult politics to take such things into consideration in passing on the expediency of conceding local self-government to a subject community. There was to me something almost childish in the arguments drawn from Irish lawlessness in the discussion of Home Rule, and in the moral importance attached by some Englishmen to the refusal to such wicked men as the Irish of the things they most desire. It is only in kindergartens, I said, that rulers are able to do equal and exact justice, and see that the naughty are brought to grief and the good made comfortable. Statesmen occupy themselves with the more serious business of curing discontent. They concern themselves but little, if at all, with the question whether it might not be manifested by less objectionable methods.
The Irish methods of manifesting it, I endeavoured to show, were not exceptional, and did not prove either inability to make laws or unwillingness to obey them. I illustrated this by examples drawn from the United States. I might, had I had more time and space, have made these examples still more numerous and striking. I might have given very good reasons for believing that, were Ireland a state in the American Union, there probably would not have been any rent paid in the island within the last fifty years, and that the armed resistance of the tenants would have had the open or secret sympathy of the great bulk of the American people. In truth, the importance of Irish crime as a political symptom is grossly exaggerated by English writers. I venture to assert that more murders unconnected with robbery are committed in the State of Kentucky in one year than in Ireland in ten, and the condition of some other Southern and Western States is nearly as bad. All good Americans lament this and are ashamed of it, but it never enters into the heads of even the most lugubrious American moralists that Kentucky or any other State should be disfranchised and remanded to the condition of a Territory, because the offences against the person committed in it are so numerous, and the punishment of them, owing to popular sympathy or apathy, so difficult.
There are a great many Englishmen who think that when they show that Grattan's Parliament was a venal and somewhat disorderly body, which occasionally indulged in mixed metaphor, they have proved the impossibility of giving Ireland a Parliament now. But then, as they are obliged to admit, Walpole's Parliament was very corrupt, and no one would say that for that reason it would have been wise to suspend constitutional government in England in the eighteenth century. It is only through the pernicious habit of thinking of Irishmen as exceptions to all political rules that Grattan's Parliament is considered likely, had it lasted, to have come down to our time unreformed and unimproved.
Those have misunderstood me who suppose that I draw from the success of the anti-rent movement in this State between 1839 and 1846 an inference against "all attempts to enforce an unpopular law." Such was not by any means my object. What I sought to show by the history of this movement was that there was nothing peculiar or inexplicable in the hostility to rent-paying in Ireland. The rights of the New York landlords were as good in law and morals as the rights of the Irish landlords, and their mode of asserting them far superior. Moreover, those who resisted them were not men of a different race, religion, or nationality, and had, as Mr. Dicey says, "none of the excuses that can be urged in extenuation of half-starved tenants." Their mode of setting the law at defiance was exactly similar to that adopted by the Irish, and it was persisted in for a period of ten years, or until they had secured a substantial victory. The history of the anti-rent agitation in New York also illustrates strikingly, as it seems to me, the perspicacity of a remark made, in substance, long ago by Mr. Disraeli, which, in my eyes at least, threw a great deal of light on the Irish problem, namely, that Ireland was suffering from suppressed revolution. As Mr. Dicey says, "The crises called revolutions are the ultimate and desperate cures for the fundamental disorganization of society. The issue of a revolutionary struggle shows what is the true sovereign power in the revolutionized state. So strong is the interest of mankind, at least in any European country, in favour of some sort of settled rule, that civil disturbance will, if left to itself, in general end in the supremacy of some power which by securing the safety at last gains the attachment of the people. The Reign of Terror begets the Empire; even wars of religion at last produce peace, albeit peace may be nothing better than the iron uniformity of despotism. Could Ireland have been left for any lengthened period to herself, some form of rule adapted to the needs of the country would in all probability have been established. Whether Protestants or Catholics would have been the predominant element in the State; whether the landlords would have held their own, or whether the English system of tenure would long ago have made way for one more in conformity with native traditions; whether hostile classes and races would at last have established some modus vivendi favourable to individual freedom, or whether despotism under some of its various forms would have been sanctioned by the acquiescence of its subjects, are matters of uncertain speculation. A conclusion which, though speculative, is far less uncertain, is that Ireland, if left absolutely to herself, would have arrived, like every other country, at some lasting settlement of her difficulties" (p. 87). That is to say, that in Ireland as in New York the attempt to enforce unpopular land laws would have been abandoned, had local self-government existed. For "revolution" is, after all, only a fine name for the failure or refusal of the rulers of a country to persist in executing laws which the bulk of the population find obnoxious. When the popular hostility to the law is strong enough to make its execution impossible, as it was in New York in the rent affair, it is accepted as the respectable solution of a very troublesome problem. When, as in Ireland, it is strong enough to produce turbulence and disorder, but not strong enough to tire out and overcome the authorities, it simply ruins the political manners of the people. If the Irish landlords had had from the beginning to face the tenants single-handed and either hold them down by superior physical force, or come to terms with them as the New York landlords had to do, conditions of peace and good will would have assuredly been discovered long ago. The land question, in other words, would have been adjusted in accordance with "Irish ideas," that is, in some way satisfactory to the tenants. The very memory of the conflict would probably by this time have died out, and the two classes would be living in harmony on the common soil. If in New York, on the other hand, the Van Rensselaers and Livingstons had been able to secure the aid of martial law and of the Federal troops in asserting their claims, and in preventing local opinion having any influence whatever on the settlement of the dispute, there can be no doubt that a large portion of this State would to-day be as poor and as savage, and apparently as little fitted for the serious business of government, as the greater part of Ireland is. |
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