It is the more important to bear these considerations in mind, because of the existence of a widely spread but erroneous idea in regard to the United States Constitution, to the effect that the Federal Government has very numerous and extensive powers in internal affairs assured to it by the jurisdiction of the Federal Court. This Court, it is said, can intervene, under the terms of the Constitution, to arrest the action of the State Governments, and therefore, once given a Federal Court, the success of the Federal experiment is assured.
But it is necessary to realize that it is only because the powers of the Federal Government are very strictly limited, and that the Federal Court is not overweighted with the assertion of rights, the exercise of which the public opinion of the States might not support, that its jurisdiction, when asserted, is as a rule respected, while over the State Legislatures as such it has no power at all, by way of injunction or prohibition. Nor have cases been wanting from which the precarious character of its powers, and its occasional lack of any sufficient sanction to enforce its decrees, may be gathered, when it has happened that those decrees have not been in accord with the prevailing opinion of the State within which execution has had to be carried out. In 1812, when a state of war existed with Great Britain, the States of Massachusetts and Connecticut refused obedience to the orders of the Federal Government for the concentration of the militias of all the Northern States on the frontier, giving as their reason that the Constitution only empowered the Federal Government to call out the militia in the case of “insurrection or actual invasion,” and that neither of these two eventualities had arisen. These doctrines met with general approval in the two States in question, and were endorsed by their Governors, their Legislatures, and their tribunals, nor were the Federal Courts able to enforce obedience to the commands of the Government at Washington. By a strict limitation of the powers of the National Government to what is absolutely necessary in order to secure the existence of the United States as a nation, the framers of the Constitution of 1787 did as much as it was possible to do, in order to render their work permanent; but they were not able, as De Tocqueville pointed out, even before the war of Secession had come to confirm the foresight of his views, altogether to [pg 284] avoid the dangers which are the natural inheritance of all Federal forms of Government.
The possibility, then, of establishing a Federal connection of any kind between Great Britain and Ireland—that is to say, an arrangement under which certain powers would be vested in an Irish Legislature and Executive, and certain others in a Parliament and Executive common to both countries—depends entirely on whether it is believed not only that such a division of power can be successfully made upon paper—a feat which any constitution-monger can accomplish—but also that public opinion in Ireland will not interpose hopeless obstacles to the assertion of the reserved rights and powers of the Imperial Legislature and Executive.
That under a Federal arrangement there would be any real possibility of frequent interference from London in Irish internal affairs is not probable, even were such interference legal. The attempt could only end in failure. Much has been said about the supremacy of the British or Imperial Parliament; and some of those who have used this expression apparently mean that every Act of the Irish Legislature and Executive is in some way or another to be reviewed by the British Parliament and Executive; or that in defiance of the plain teaching of history there is to be no responsible Irish Executive. The certain result of this would be to destroy the sense of responsibility in the Irish Legislature, to create endless differences of opinion between the two countries, and to make Great Britain the “whipping-boy” of Ireland, whenever Ireland had done anything foolish, and the British Parliament had not stepped in to prevent it. Reasonable men will continue to differ about the grant of Home Rule; but whatever is granted to Ireland in the way of legislative [pg 285] or executive right must be given fully and frankly, without looking backward. We must allow ourselves in this matter to listen to the voice of the statesmen of 1782. On the other hand, whatever is reserved must be clearly reserved, with ample guarantees for the arm of the Imperial Executive being long enough and strong enough to put down resistance. But that the power of the Imperial Parliament and Executive could, under any circumstances, be exerted frequently and in many matters, is a dangerous and impotent delusion. That power can only be maintained by carefully selecting and limiting the objects to which it is to relate; and by admitting Irish representatives to their full share—neither more nor less—of the control of Imperial questions in the Imperial Parliament, and securing adequate machinery for the execution of the decrees of the Imperial Government in Ireland when necessary. The arguments against any petty and irritating interference with the internal affairs of Ireland would be just as strong now as those which Lord Chatham used in 1774 against the proposed interference of the British House of Commons with the Absentee tax which the Irish Parliament was in that year supposed to be about to pass:
“The justice or policy of the tax,” he said, “is not the question; and on these two, endless arguments may be maintained pro and con. The simple question is, have the Commons of Ireland exceeded the powers lodged with them by the essential constitution of Parliament? I answer, they have not, and the interference of the British Parliament would in this case be unjust, and the measure destructive of all fair correspondence between England and Ireland for ever.”[145]
In what way would the British Parliament be more able to interfere in such a case than it was in 1774?
That Great Britain, if she chooses, is strong enough to [pg 286] govern Ireland for a prolonged period against the wishes of the majority of the people of Ireland, is indeed true; and under a strong and consistent Administration, strict and even justice might no doubt produce quiet and a considerable degree of material prosperity, without the constitutional question being touched. But the existence of outward calm and material prosperity has always been a favourite plea with the opponents of political reform. And it is the most subtle and dangerous of all possible pleas, so soothing in character, and making apparently so winning an appeal to plain common sense and to self-evident facts. “Now, after all this,” says Lord Clarendon, when describing the period in which England was administered, judged, and legislated for by the Privy Council, “I must be so just as to say that during the whole time that these measures were exercised, and these new and extraordinary ways were run, this kingdom enjoyed the greatest calm and the fullest measure of felicity that any people in any age for so long a time together (for the above-mentioned eleven or twelve years) have been blessed with, to the wonder and envy of all the other parts of Christendom.” But a few years after the happy period described in such glowing terms by the great historian the Civil War broke out.
If the necessity for a political change exists, sooner or later it forces its way to the front, notwithstanding outward calm. It has been so before, and there is no reason to doubt that it will be so again, because the claim made by Ireland depends on permanent facts which statesmen cannot alter notwithstanding occasional periods of material prosperity and outward calm. As the ultimate solution of existing difficulties it is indicated by the geography and by the history of the island; and these are the two conditions of every [pg 287] political problem, which it is difficult to surmount or evade. Time may indeed slowly soften the asperities produced by past errors and the crimes of bygone generations; but the geographical conditions of a problem remain fixed and unalterable, and in the long run will be found to be the permanent factor which governs the situation. Not by empty formulas, such as “governing Ireland according to Irish ideas,” or, “extending all the liberties enjoyed by the subjects of Great Britain to those of the sister island,” shall we advance one yard on our way, or indeed do aught but make it clear to friend and foe alike, that we are cultivating contradictory ideas without even being apparently aware that we are doing so. What we have to do is to resolve to take our stand on the few firm bits of fact which emerge like stepping-stones traversing a quaking bog; and then we may get over, and some day perhaps climb the distant hills which are on the other side. Otherwise we shall go on “filling our belly with the east wind” to the end of time; we shall fish all night and take nothing. These few firm bits of fact are those provided by history and geography. Open the map and look at the situation of Great Britain and of Ireland relatively to each other; observe how they lie near, yet apart; how they are separated by intervening seas, but seas so narrow as to be a bond quite as much as a bar; how they are inhabited by races speaking the same language but professing different religions; and bear in mind that these are the features of the picture which cannot be altered. This being so, let us next suppose that some stranger ignorant of all the trivial details of the Irish question, on his arrival amongst us, were asked to state what, in his opinion, with the above conditions placed before him, the institutions of two such islands relatively to [pg 288] one another were likely to be, judging from his experience of other countries. Would he not probably reply that the wise statesmen of Great Britain, of whose fame he had heard in foreign lands, had doubtless long ago come to the conclusion that their separation for some purposes, and their union for others, was stamped on the map as the certain and inevitable condition of any satisfactory settlement of their mutual relations, and that, alike to their complete separation and to their complete union, there was one and the same answer: Opposuit natura.
But, further, let us suppose him in his turn to inquire what the experience of the past had been in this particular case; and whether the two countries at the present time were entirely united or entirely separate, or were linked by some intermediate arrangement adapted to their relative needs and springing out of them; and suppose that the answer was, as it would have to be, that after several centuries of aggravated strife, they had first tried entire legislative separation, and had then abandoned it for an absolute incorporate union. Would he in that case be astonished if he was informed that history had vindicated geography, and that under neither of these two relations had peace, goodwill, and amity, been the distinguishing characteristics of the relations of Great Britain and Ireland?
To such a traveller it might perhaps be explained as an unexampled portent, that although constitutional liberty, limited only by the right of every Government to suppress crime and repress disorder, had been extended by the larger to the smaller country; that although an equal representation, a wide suffrage and vote by ballot had also been given, and no alien Church any longer vexed the conscientious scruples of the majority, and the land system of the country had also [pg 289] been reformed, yet so unreasonable were the minds of the Irish people that they refused to be contented, and were now asking for a modification of the fundamental articles of the existing incorporate union, and that a constant agitation in consequence prevailed.