Handbook of Home Rule: Being Articles on the Irish Question

by Unknown

government. They meant to set up a government which should represent the nation worthily in all its relations with foreigners, which should carry on war effectively, protect life and property on the high seas, furnish a proper currency, put down all resistance to its lawful authority, and secure each State against domestic violence on the demand of its Legislature.

There is no common form for federal contracts, and no rules describing what such a contract must contain in order that the Government may be federal and not unitarian. There is no hard and fast line which must, under the federal system, divide the jurisdiction of the central Government from the jurisdiction of each State Government. The way in which the power is divided between the two must necessarily depend on the traditions, manners, aims, and needs of the people of the various localities. The federal system is not a system manufactured on a regulation model, which can be sent over the world like iron huts or steam launches, in detached pieces, to be put together when the scene of operation is reached. Therefore I am unable to see the force of the argument that, as the conditions under which all existing federations were established differ in some respects from those under which the proposed federal union between England and Ireland would have to be established, therefore the success of these confederations, such as it is, gives them no value as precedents. A system which might have worked very well for the New England States would not have worked well for a combination which included also the middle and southern States. And the framers of the American Constitution were not so simple-minded as to inquire, either before beginning their labours or before ending them—as Mr. Dicey would apparently have the English and Irish do—whether this or that style of constitution was "the correct thing" in federalism. Assuming that the people desired to form a nation as regarded the

world outside, they addressed themselves to the task of discovering how much power the various States were willing to surrender for this purpose. That was ascertained, as far as it could be ascertained, by assembling their delegates in convention, and discussing the wishes and fears and suggestions of the different localities in a friendly and conciliatory spirit. They had no precedents to guide them. There had not existed a federal government, either in ancient or modern times, whose working afforded an example by which the imagination or the understanding of the American people was likely to be affected in the smallest degree. They, therefore, had to strike out an entirely new path for themselves, and they ended by producing an absolutely new kind of federation, which was half Unitarian, that is, in some respects a union of states, and in others a centralized government; and it was provided for a Territory one end of which was more than a month's distance from the other.

It is not in its details, therefore, but in the manner of its construction, that the American Constitution furnishes anything in the way of guidance or suggestion to those who are now engaged in trying to find a modus vivendi between England and Ireland. The same thing may be said of the Swiss Constitution and of the Austro-Hungarian Constitution. Both of them contain many anomalies—that is, things that are not set down in the books as among the essentials of federalism. But both are adapted to the special wants of the people who live under them, and were framed in reference to those wants.

The Austro-Hungarian Delegations are another exception to the rule. These Delegations undoubtedly control the ministry of the Empire, or at all events do in practice displace it by their votes. It is made formally responsible to them by the Constitution. All that Mr. Dicey can say to this is that "the real responsibility of the Ministry to the Delegations admits of a good deal of doubt," and that,

at all events, it is not like the responsibility of Mr. Gladstone or Lord Salisbury to the British Parliament. This may be true, but the more mysterious or peculiar it is the better it illustrates the danger of speaking of any particular piece of machinery or of any particular division of power as an essential feature of a federal constitution.

We are told by the critics of the Gladstonian scheme that federalism is not "a plan for disuniting the parts of a united state." But whether it is or not once more depends on circumstances. Federalism, like the British or French Constitution, is an arrangement intended to satisfy the people who set it up by gratifying some desire or removing some cause of discontent. If that discontent be due to unity, federalism disunites; if it be due to disunion, federalism unites. In the case of the Austro-Hungarian Empire, for instance, it clearly is a "plan for disuniting the parts of a united state." Austria and Hungary were united in the sense in which the opponents of Home Rule use the word for many years before 1867, but the union did not work, that is, did not produce moral as well as legal unity. A constitution was therefore invented which disunites the two countries for the purposes of domestic legislation, but leaves them united for the purposes of foreign relations. This may be a queer arrangement. Although it has worked well enough thus far, it may not continue to work well, but it does work well now. It has succeeded in converting Hungary from a discontented and rebellious province and a source of great weakness to Austria into a loyal and satisfied portion of the Empire. In other words, it has accomplished its purpose. It was not intended to furnish a symmetrical piece of federalism. It was intended to conciliate the Hungarian people. When therefore the professional federal architects make their tour of inspection and point out to the Home Ruler what flagrant departures from the correct federal model the

Austro-Hungarian Constitution contains, how improbable it is that so enormous a structure can endure, and how, after all, the Hungarians have not got rid of the Emperor, who commands the army and represents the brute force of the old régime, I do not think he need feel greatly concerned. This may be all true, and yet the Austro-Hungarian federalism is a valuable thing. It has proved that the federal remedy is good for more than one disease, that it can cure both too much unity and too little. The truth is that there are only two essentials of a federal government. One is an agreement between the various communities who are to live under it as to the manner in which the power is to be divided between the general and local governments; the other is an honest desire on the part of all concerned to make it succeed. As a general rule, whatever the parties agree on and desire to make work is likely to work, just as a Unitarian government is sure to succeed if the people who live under it determine that it shall succeed. If a federal plan be settled in the only right way, by amicable and mutually respectful discussion between representative men, all the more serious obstacles are certain to be revealed and removed. Those which are not brought to light by such discussions are pretty sure to be comparatively trifling, and to disappear before the general success of arrangement. But by a "mutually respectful discussion" I mean discussion in which good faith and intelligence of all concerned are acknowledged on both sides.

In what I have said by way of criticism of a book which may be taken as a particularly full exposition of the legal criticism that may be levelled at Mr. Gladstone's scheme, I have not touched on the arguments against Home Rule which Mr. Dicey draws from the amount of disturbance it would cause in English political habits and arrangements. I freely admit the weight of these arguments. The task of

any English statesman who gives Home Rule to Ireland in the only way in which it can be given—with the assent of the British people—will be a very arduous one. But this portion of Mr. Dicey's book, producing, as it does, the distinctively English objections to Home rule, is to me much the most instructive, because it shows the difficulty there would be in creating the state of mind in England about any federal relation to Ireland which would be necessary to make it succeed. I do not think it an exaggeration to say that two-thirds of the English objections to Home Rule as federalism are unconscious expressions of distrust of Irish sincerity or intelligence thrown into the form of prophecy, and prophets, as we all know, cannot be refuted. For instance, "the changes necessitated by federalism would all tend to weaken the power of Great Britain" (Dicey, p. 173). The question of the command of the army could not be arranged; the Irish army could not be depended on by the Crown (p. 174); the central Government would be feeble against foreign aggression, and the Irish Parliament would give aid to a foreign enemy (pp. 176-7). Federalism would aggravate or increase instead of diminishing the actual Irish disloyalty to the Crown (pp. 179-80); the Irish expectations of material prosperity from Home Rule are baseless or grossly exaggerated (p. 182); the probability is, it would produce increased poverty and hardship; there would be frequent quarrels between the two countries over questions of nullification, secession, and federal taxation (p. 184); neither side would acquiesce in the decision either of the Privy Council or of any other tribunal on these questions; Home Rulers would be the first to resist these decisions (p. 185). Irish federation "would soon generate a demand that the whole British Empire should be turned into a Confederacy" (p. 188). Finally, as "the one prediction which may be made with absolute confidence," "federalism would not generate the goodwill between England and Ireland