2. Inclusion in full numbers (say 70) for limited purposes. This (with the figure of 80) was Mr. Gladstone's original proposal of 1893, and it took the form of a clause known as the "In and Out Clause," which purported to divide all Parliamentary business into Imperial, Irish, and non-Irish business, and to give Irish Members the right to vote only on Imperial and Irish subjects. Mr. Gladstone never disguised his view that a sound classification was impracticable, and put forward the clause, frankly, as a tentative scheme for the discussion of the House. Like its successor, the "Omnes omnia" Clause, it was riddled with criticism, and it was eventually withdrawn. Without investigating details, the reader will perceive at once the hopeless confusion arising from an attempt to inject a tincture of Federalism into a unitary Parliament, forming part of an unwritten Constitution of great age and infinite delicacy. It is not merely that it is absolutely impossible to distinguish rigidly between Imperial, Irish, and British business. The great objection is that there would be two alternating majorities in an Assembly which is, and must be, absolutely governed by a party majority, and which, through that majority, controls the Executive. It "passed the wit of man," said Mr. Gladstone, to separate in practice the Legislative and Executive functions in the British Constitution. At present a hostile vote in the House of Commons overturns the Ministry of the day and changes the whole British and Imperial administration. A hostile vote, therefore, determined by the Irish Members, on a question affecting Ireland, such as the application to Ireland of a British Bill, would seriously embarrass the Ministry, if it did not overturn it. The log-rolling and illicit pressure which this state of things would encourage may be easily imagined. A Ministry might find itself after a General Election in the position of having a majority for some purposes and not for others. That was actually the case in 1893, when Mr. Gladstone, with a majority, including the Irish Nationalists, of only 40, was carrying his Bill through Parliament. It is actually the case now, in the sense that if the Irish Nationalists voted with the Opposition, the Ministry would be defeated. Any change for the better in Irish sentiment towards Great Britain would pro tanto mitigate the difficulty, but would not remove it, and might, as I suggested above, increase it, by the creation of a solid Irish vote. If Great Britain resents the present system, she alone is to blame. As long as she insists on keeping the Irish Members out of Ireland, where they ought to be, she thoroughly deserves their tyranny, and would be wise to get rid of it by the means they suggest. Until they are given Home Rule, they are not only justified in using their power, but are bound, in duty and honour, to use it. To reproduce in the Home Rule Bill, albeit in a modified form, conditions which might lead to the same results as before would surely be a gratuitous act of unwisdom.
3. Inclusion in reduced numbers for all purposes. By "reduced numbers" is meant numbers less than the population of Ireland warrants. For the sake of argument we may assume the number to be 35, that is, approximately half the proper proportion; but directly we desert a scientific principle of allocation, the exact figure we adopt is a matter of arbitrary choice.
Mr. Gladstone appears to have contemplated this plan for a brief period in 1889; but he dropped it. Clearly it cannot be defended on any logical grounds, but only as a compromise designed, as it avowedly was, to conciliate British opinion. It would minimize but not remove the difficulties inherent in No. 1; and so far as it did lessen these difficulties, the representation given would be impotent and superfluous. That is why I have taken it last in order of the three possible methods of inclusion. It raises in the sharpest and clearest form the important question underlying the whole of the discussion we have just been through—namely, what are to be the powers delegated to the Irish Parliament and Executive, and what are to be the powers reserved to the Imperial Parliament and Executive?
If the powers reserved are small, it will be possible to justify not merely a small Irish representation in the House of Commons, but even under certain conditions the total exclusion of Irish members. Indeed, if the figure 35 corresponded to the facts of the case, one might as well abandon these painful efforts to "conciliate British opinion," accept total exclusion, and substitute Conference for representation. If the powers reserved are large, full representation in spite of all the crushing objections to it, will be absolutely necessary, in order to safeguard Irish interests. Here is the grand dilemma, and it says little for our common sense as a nation that we should submit to be puzzled and worried by it any longer. Half the worry arises from the old and infinitely pernicious habit of regarding Ireland as outside the pale of political science, of ignoring in her case what Lord Morley has called the "fundamental probabilities of civil society." Let us break this habit once and for all and take the logical and politic course of total exclusion, with its logical and politic accompaniment, a measure of Home Rule wide enough to justify the absence of Irish representation at Westminster. That will be found to be the path both of duty and of safety.
Let it be clearly understood that lapse of time has not diminished appreciably the power of the arguments against the inclusion of Irish Members in the House of Commons. On their merits, these arguments are still unanswerable, and we had better recognize the fact. Mr. Balfour said, in 1893, "Those questions" (of representation at Westminster) "are not capable of solution, and the very fact that they are incapable of solution affords, in our opinion, a conclusive argument against the whole scheme, of which one or other of the plans in question must form a part." Speaking as a Unionist, Mr. Balfour was right, and, as Home Rulers, we should be wise to remember it.
Lastly, even if the question of inclusion in the House of Commons were "capable of solution," as it is not, there would remain the problem raised by the House of Lords. It is idle to ignore the fact that the bulk of the Irish peerage, and the Assembly of which it forms part, has been for a century in consistent and resolute opposition to the views of the vast majority of Irishmen. The recent curtailment of its powers, whether a right or a wrong measure in itself, does not make it any the more suitable as an Upper Chamber, under a Home Rule scheme, for the decision of important Irish questions reserved for settlement at Westminster; indeed, the bare proposal is the best imaginable example of the extraordinary complications which would ensue from the introduction of a quasi-Federal element into a unitary Constitution.
Federal Upper Chambers, so far from being hostile to State rights, are almost invariably framed on the principle of giving disproportionately large representation to the smaller States. In the United States and Australia, for example, every State, however small, has an equal number of Senators.
It will be clear now that there are two distinct ways of approaching the question of the framework of Home Rule. One may begin with the nature and extent of the powers reserved or delegated, and proceed from them to the inclusion and exclusion of Irish representation at Westminster, or one may begin with the topic of inclusion or exclusion and proceed from it to the nature and extent of powers. While premising that we must trust Ireland and evoke her sense of responsibility, I chose the latter of the two courses, because I believe it to be on the whole the most illuminating and trustworthy course. It is also the more logical course, though I should not have adopted it for that reason alone; and I have already given, I hope, some good reasons to show that in this matter logic and policy coincide. Englishmen pride themselves on the lack of logic which characterizes their slowly evolved institutions, but they may easily carry that pride to preposterous extremes. Faced now with the necessity of making a written Constitution which will stand the test of daily use they would commit the last of innumerable errors in Irish policy if, with full warning from experience elsewhere, they were to frame a measure whose unprecedented and unworkable provisions were the outcome of a distrust of Ireland which it was the ostensible object of the measure itself to remove.