The Framework of Home Rule

by Erskine Childers

It was in this mood that the measures conferring self-government on the Australasian Colonies, 12,000 miles away from the Mother Country, and exciting proportionately less concern than Canada, were passed a few years later.

From the landing of the first batch of convicts at Botany Bay in 1788, New South Wales, the Mother Colony, was a penal settlement pure and simple, under military Government, for some thirty years. The island Colony, Tasmania, founded under the name of Van Diemen's Land in 1803, was used for the same purpose. Victoria, originally Port Phillip, just escaped a like fate in 1803, and remained uncolonized till 1835, when the free settlers set their faces against the penal system, and in 1845, acting like the Bostonians of 1774 with the famous cargo of tea, refused to allow a cargo of convicts to land. South Australia, first settled in 1829, also escaped; so did New Zealand, which was annexed to the Crown in 1839. Western Australia, dating from 1826, proceeded on the opposite principle to that of Victoria. Free from convicts until 1849, when transportation to other Colonies was checked at their own repeated request, and came to an end in 1852, this Colony, owing to a chronic shortage of labour, actually petitioned the Home Government to divert the stream of criminals to its shores, with the result that in ten years' time nearly half the male adults in the Colony, and more than half in the towns, were, or had been, convicts. It was not until 1865, under strong pressure from the other Colonies, that the system was finally abolished which threw Western Australia forty years behind its sister Colonies in the attainment of Home Rule.

The transportation policy has been unmercifully criticized, and with all the more justice in that Pitt, when the American war closed the traditional dumping-ground for criminals, had the chance of employing the exiled loyalists of America, many of whom were starving in London, as pioneers of the new lands in the Antipodes. "The outcasts of an old society cannot form the foundations of a new one," said a Parliamentary Report of July 28, 1785. But they could do so, and did do so. Ruskin's saying, à propos of Australia, that "under fit conditions the human race does not degenerate, but wins its way to higher levels," comes nearer the truth. In an amazingly short time after the transportation policy was reversed the taint disappeared. We must remember, however, that, sheer refuse as some of the convicts were, especially in the later period, a large number of the earlier convicts were the product of that "stupid severity of our laws" which the Vicar of Wakefield deplored, and to this category belonged many an unhappy Irish peasant, sound in character, but driven into Whiteboyism, or into the rebellions of 1798 and 1803 by some of the worst laws the human brain ever conceived. Hundreds of these men survived the barbarous and brutalizing ordeal of a penal imprisonment to become prosperous and industrious citizens.

It was not until 1825, or thereabouts, that free white settlers, many Irishmen among them, came in any substantial number to the Mother Colony of New South Wales, and not until 1832 that these men began to press claims for the management of their own affairs, under the inspiration of an Irish surgeon's son, William Wentworth, the Hampden of Australia. The later Colonies rapidly came into line, Western Australia, for the reason given above, remaining stationary. The first representative institutions were granted in 1842 to New South Wales, and in 1850 to Victoria, South Australia, and Tasmania. At that date, therefore, these settlements stood in much the same constitutional position as the Canadas had stood in 1791 (although technically their Constitutions were of a different kind), but with this important difference, that the Act of 1850, "for the better Government of Her Majesty's Australian Colonies," gave power to those Colonies to frame new Constitutions for themselves. This they soon proceeded to do, each constructing its own, but all keeping in view the same model, the British Constitution itself, and aiming at the same ideal, responsible Government by a Colonial Cabinet under a Government representing the Crown. Since responsible Government in Great Britain itself was not a matter of legal enactment, but the product of slowly evolved conventions and precedents, to which political scientists had not yet given a scientific form, it is no wonder that the colonial Constitution-makers found great difficulty in expressing exactly what they wanted in legal terms, and, indeed, none of them came near succeeding; but time, their own political instinct, a succession of sensible Governors, and the forbearance of the Home Government solved the problem, and evolved home-ruled States legally subordinate to the Crown, but with a Constitution closely resembling our own. The Constitutions became law by Acts of the Imperial Parliament passed by a Liberal Ministry in 1855. They are of unusual interest because they represent the first rude attempt to put into legal language a small part of the theory of the British Constitution as applied to dependencies of the Crown.

In the most vital point of all, the relation of the dependency to the Home Government (as distinguished from questions of internal political structure), they are almost as reserved as the Canadian Act of 1840, which, as we have seen, did not recognize by a word the duty of the Governor to govern through a Colonial Cabinet. In certain clauses they hint, by distant implication, at the existence of such a Cabinet, responsible to the colonial popular Legislature—the Canadian Act did not assume even that—but they do not anywhere imply that the Governor is bound normally to place himself in the hands of that Cabinet, while they expressly and rightly reaffirm the supreme power of the Crown, whether acting through the Governor or not, over colonial legislation.

How far this reticence about responsible Government facilitated the passage of the Australian Acts in the British Parliament, as it certainly facilitated the Canadian Act of 1840, it is difficult to decide. It was probably a factor of some importance. At any rate, it is true to say that Home Rule, as in Canada, was mainly a result of practice rather than of statutory enactment. The case of New Zealand is a striking example of this. In 1852 New Zealand obtained from a Tory Government a Constitutional Act, which resembles the Canadian Act of 1840 in abstaining from any expression, direct or indirect which implies the existence of a Colonial Cabinet, and it is probable that the framers of the Act intended no such development, but on the contrary contemplated a permanent, irremovable Executive. But the Act was no sooner passed than an agitation began for responsible government, under the leadership of Edward Gibbon Wakefield, part-author of the Durham Report, and at that time a member of the New Zealand Assembly. By 1855, when the Australian Acts were passed, New Zealand, without further legislation, had obtained what she wanted.

To complete the story, Queensland, carved out of New South Wales in 1859, entered upon full responsible government at once, and Western Australia, retarded for so long by the servile system of convict-labour, gained the same rights in 1890.

Reading the debates of the middle of the nineteenth century, one is left with the impression that the Australasian Colonies obtained Home Rule by virtue of their distance, and because most politicians at home could not be bothered to fight hard against a principle which at bottom they disliked as heartily for the Colonies as for Ireland. The views of the various parties were not much changed since the days of the crisis in Canada. There were some able Colonial Secretaries who thoroughly understood and believed in the principle of responsible government. On the other hand, some Liberals were not yet converted, though Liberal Governments fathered the Constitutional Acts of 1850 and 1855. Disraeli's well-known saying in 1852 that "these wretched Colonies will all be independent, too, in a few years, and are a mill-stone round our necks," was typical of the Tory attitude.[29] Lord John Russell, in the same year, 1852, was complaining, as Lord Morley tells us,[30] that we were "throwing the shields of our authority away," and leaving "the monarchy exposed in the Colonies to the assaults of democracy." A group of Radicals, headed by Sir William Molesworth and Hume in Parliament, and by Wakefield from outside, still pushed the policy of emancipation energetically and persistently on the principle which they had urged in the case of Canada, that freedom was better both for the Colonies and the Mother Country.

But Molesworth and Wakefield gained one illustrious convert and coadjutor in the person of Mr. Gladstone, whose speeches on the Colonies at this period, 1849 to 1855, placed him, in regard to that topic, in the Radical ranks, and in veiled opposition to the Whig leaders. Lord Morley quotes a minute from his hand, written in 1852 in answer to the view of Lord John Russell, referred to above, where he says "that the nominated Council and independent Executive were not 'shields of authority,' but sources of weakness, disorder, disunion, and disloyalty." His Parliamentary and platform speeches, passing with little notice at the time, nevertheless remain the most eloquent and exalted expression of wise colonial policy that is to be found in our language. If it was not till a generation later that he applied the same arguments to the case of Ireland, the arguments nevertheless did apply to Ireland almost word for word. Proximity to the Mother Country does not affect them. Mr. Gladstone attacks the problem on its human side, showing that coercive government is always and everywhere bad for those who administer it, and bad for those who live under it, expensive, inefficient, demoralizing, and that the longer it is maintained the more difficult it is to remove. He condemns the fallacy of preparing men by slow degrees for freedom, and the "miserable jargon about fitting them for the privileges thus conferred, while in point of fact every year and every month during which they are retained under the administration of a despotic Government renders them less fit for free institutions." As to cost, "no consideration of money ought to induce Parliament to sever the connection between any one of the Colonies and the Mother Country," but the greater part of the cost, he urged, was due to the despotic system itself. His words are more applicable to the Ireland of to-day than the Ireland of the middle of the nineteenth century, for it is one of the many painful anomalies of Irish history that that country, at the lowest point of its economic misery, was paying a relatively enormous contribution to Imperial funds, and, incidentally, to the colonial vote, while the Colonies were maintained at a loss correspondingly large, and at times even larger.[31] But cost is, after all, a very small matter. The first consideration is the character and happiness of human beings, and here Gladstone's words, like Durham's, have a universal application. If the reader cannot study them at length in Hansard, he should read the great speech on the New Zealand Bill in 1852, and Lord Morley's masterly summary of others. I conclude with a passage quoted by him from a platform speech at Chester in 1855, the year when the Australian Constitutions were sanctioned. "Experience has proved that if you want to strengthen the connection between the Colonies and this country, if you want to see British law held in respect, and British institutions adopted and beloved in the Colonies, never associate with them the hated name of force and coercion exercised by us at a distance over their rising fortunes. Govern them upon a principle of freedom." At that moment, after half a century of coercion and neglect under what was called the "Union," Ireland was bleeding, as it seemed, to death. Scarcely recovered from the stunning blow of the famine, she was undergoing in a fresh dose of clearances and evictions the result of that masterpiece of legislative unwisdom, the Encumbered Estates Act. Her people were leaving her by hundreds of thousands, cursing the name of England as bitterly as the evicted Ulster farmers and the ruined weavers of the eighteenth century had cursed it, and bearing their wrongs and hatred to the same friendly shore, America. For the main stream of emigration, which before the Union had set towards the American States, and from the Union until the famine towards Canada, reverted after the famine towards the United States, impregnating that nation with an hostility to Great Britain which in subsequent years became a grave international danger, and which, though greatly diminished, still remains an obstacle to the closer union of the English-speaking races. On the other hand, it is interesting to observe that among the Irish emigrants to countries within the Empire, and a very important part of this emigration was to Australasia, the anti-British sentiment was far less tenacious, though the affection for their own native country was no less passionate.

Whatever we may conclude about the motives behind the concession of Home Rule to Australia and New Zealand, we may regard it as fortunate that they lay too far away for any close criticism from statesmen at home, whether before or after the attainment of self-government. Most of these statesmen would have been scandalized by the manner in which these vigorous young democracies, destitute of the patrician element, shaped their own political destiny by the light of nature and in the teeth of great difficulties. Almost to a man their leaders in this great work would have been regarded as "turbulent demagogues and dangerous agitators," and often were so regarded, when the rumour of their activities penetrated to far-off London. The old catchwords of revolution, spoliation and treason, consecrated to the case of Ireland, would have been applied here with equal vehemence, and were in fact applied by the official classes in the Colonies themselves, round whom small anti-democratic groups, calling themselves "loyal," crystallized, as in the Provinces of Upper Canada and in Ireland, and with whom the ruling classes at home were in instinctive sympathy. There were stormy, agitated times, there were illegal movements against the reception of convicts, struggles over land questions, religious questions, financial questions, the emancipation of ex-convicts, and the many difficult problems raised by the discovery of gold and the mushroom growth of digger communities in remote places. There was in the air more genuine lawlessness—irrespective, I mean, of revolt against bad laws—than ever existed in Ireland, though there was never at any time any practical grievance approaching in magnitude to the practical grievances of Ireland at the same period. But, could the spirit of English statesmanship towards analogous problems in Ireland have been maintained in Australasia, systematically translated into law and enforced with the help of coercion acts by soldiers and police, communities would have been artificially produced presenting all the lawless and retrograde features of Ireland.