Читать книгу England's Case Against Home Rule - Albert Venn Dicey - Страница 8

"Home Rule" is a term which, like all current and popular phrases, is, though intelligible, wanting in precision. Hence it is well, before we investigate the different forms which schemes of Home Rule may assume, to fix in our minds precisely what Home Rule does mean and what it does not mean.

What Home Rule means.

"Home Rule"—or, to speak more accurately, the policy of Home Rule—means, if we may use language with which we are all familiar in relation to the Colonies, the endowment of Ireland with representative institutions and responsible government.

It means, therefore, the creation of an Irish Parliament which shall have legislative authority in matters of Irish concern, and of an Irish executive responsible (in general) for its acts to the Irish Parliament or the Irish people. Hence every scheme of Home Rule which merits that name is marked by three features—first, the creation of an Irish Parliament; secondly, the right of the Irish Parliament to legislate within its own sphere (however that sphere may be defined) with habitual freedom from the control of the Imperial or British Parliament; and thirdly, the habitual responsibility of the Irish executive for its acts to the Irish people or to their representatives.

These three characteristics, which I do not attempt to define with anything like logical precision, constitute the essence of Home Rule. Other things, however important in themselves, are matters of subordinate detail, and open to discussion or compromise. The limitations to the sphere within which the Irish Parliament is to exert independent authority, the definition of the term "Irish concerns," the constitution of the Irish Parliament, the nature and appointment of the Irish executive (which, though it is no doubt generally assumed to be a Cabinet chosen in effect like the Victorian Ministry, by the local Parliament, might well, and indeed far better, be a President or Council elected, like the Governor of New York, by popular vote), the occasions on which the British Parliament should retain the legal or moral right of legislation for Ireland—these and a score of other subjects which at once suggest themselves to a critic of constitutions are of supreme importance, but in whatever way they may be determined, they do not touch the principle of Home Rule. A scheme, on the other hand, however wise its provisions, which lacked the essential characteristics already enumerated, would not meet the demand for Home Rule; an Act which did not constitute a Parliament for Ireland could not possibly satisfy the sentiment of Irish nationality; an Irish Parliament which did not habitually, at any rate, legislate with independence of the Parliament at Westminster could not divest the law in Ireland of its "foreign garb"; an executive not responsible directly or indirectly to the Irish people could not give full effect to the legislation of an Irish Parliament, and the existence of such an executive would (if the true ground why law is hated in Ireland be its alien character) only divert popular hostility from the law to the government.

What Home Rule does not mean.

Home Rule does not mean Local Self-Government; Home Rule does not mean National Independence.

Local Self-Government means the delegation by the Sovereign, and in England therefore by Parliament, to local bodies, say town councils, county boards, vestries, and the like, of strictly subordinate powers of legislation for definite localities. The authority possessed by such local bodies extends over definite and limited areas, (which themselves are often created by legislation); exists for definite purposes; is directly conferred or tolerated by Parliament; has no capacity of indefinite extension; and neither comes into competition with nor restrains, either legally or morally, the legislative authority of Parliament. Logically, indeed, there may be difficulty in drawing the precise line of demarcation between a plan for conferring on Ireland the minimum of legislative independence which could without absurdity be dignified with the name of Home Rule, and a plan for giving to the boroughs and counties of Ireland the maximum of law-making power which could, without fraud upon the intelligence of the English people, be comprehended within the elastic phrase "extension of Local Self-Government." But this logical puzzle need give us no trouble; it is based on the fact that every non-sovereign law-making body, whether it be the French National Assembly, the American Congress, or the London, Chatham and Dover Railway Co., belongs to one and the same genus.^[2] The casuists of jurisprudence may quibble for ever over the confines between Home Rule and Local Self-Government; men of sense engaged in the consideration of affairs thrust aside such inopportune logomachy, and content themselves with the knowledge that were the Town Council, say, of Birmingham or of Belfast endowed with tenfold its present powers, it would differ essentially from any Irish Parliament which, even though denied the Parliamentary title, should represent the people of Ireland, and should have received the very smallest amount of authority which could by any possibility satisfy Mr. Parnell. Nor are differences which may not admit of easy definition difficult for a candid enquirer to discern. A town council, whatever its powers, does not represent a nation, and derives no prestige from the principle of nationality; the feeblest legislative assembly meeting at Dublin would rightly claim to speak for the Irish people. A town council, whether of Birmingham or of Belfast, springs from and is kept alive by the will of Parliament, and cannot pretend that its powers, however extensive, compete with the authority of its creator. Should a town council use even its strictly legal rights in a way not conducive to the public interest, Parliament would without scruple override the bye-laws of the council by the force of Parliamentary enactment. The authority of an Irish representative assembly would from the necessity of things be, if not a legal, at any rate a moral check, I will not say on Parliamentary sovereignty, but assuredly on Parliamentary legislation. Extended rights of self-government, though given to every local body in Ireland, would not affect the relation between the people of Ireland and the Parliament at Westminster. The very aim of Home Rule, even under its least pretentious form, is to introduce a new relation between the people of Ireland and the Parliament at Westminster. The matter may be summed up in one phrase: Local Self-Government however extended means the delegation, Home Rule however curtailed means the surrender, of Parliamentary authority.

Local Self-Government.

The distinction here insisted upon is of practical importance, for it is connected with a question so pressing as to excuse an apparent, though not more than an apparent, digression.

English Radicals, and many politicians who are not Radicals, hold, whether rightly or not, that the sphere of Local Self-Government may with benefit to the nation be greatly extended in England. The soundness of this view in no way concerns us, and it is a matter upon which there is no reason, for our present purpose, to form or express an opinion; they also hope that by a similar extension of Local Self-Government to Ireland they may satisfy the demand for Home Rule. They conceive, in short, that it is possible to confer a substantial benefit upon the Irish people, and to close a dangerous agitation, by giving to Belfast and to Cork the same municipal privileges which they wish to extend to Birmingham or to Liverpool. The reasons for this belief are threefold: that Local Self-Government is itself a benefit; that Ireland ought, as of right, to have the same institutions as England; that Local or Municipal Self-Government will meet the real if not the nominal wish of the Irish people. This hope I believe to be delusive. The reasons on which it is grounded are—one of them probably, and two of them certainly—unsound.

Local Self-Government is one of those arrangements which, like most political institutions, cannot be called absolutely good or bad. It is a good thing, I suppose, at Birmingham, and was some fifty years ago a good thing in Massachusetts, and it may prove (though this is speculation) a good thing in an English county. Local Self-Government is not admirable at New York; it works less well than it once did in New England; it does not produce very happy effects in London parishes; we may well doubt whether it be really suited for modern France. Local Self-Government where it flourishes is quite as much a result as a cause of a happy social condition; the eulogies bestowed upon it contain a curious mixture of truth and falsehood. What is true is, that where self-government flourishes, society is in a sound state; what is false is, that Local Self-Government produces a sound state of society. The primary condition necessary for the success of self-government is harmony between different classes. The rich must be the guides of the poor, the poor must put trust in the rich. Men who are placed above corruption must interest themselves in the laborious but important details of local administration; men who might be corrupted themselves, must desire to place power in the hands of leaders who are as a class incorruptible. High public spirit, a detestation of jobbery, trust and goodwill between rich and poor, are the feelings which make good local or municipal government possible. There are certain parts of England, there are larger parts of the United States, where these admirable and rare conditions exist. Do they exist in Ireland? I need not answer the question, for if they existed our difficulties in Ireland would be at an end. If, indeed, there were a genuine desire for Local Self-Government, expressed by Irishmen themselves, every sensible man would at once surrender à priori theories in favour of the conclusions drawn by practical experience. But no such wish has been expressed, and until it is expressed, a thoughtful observer may fairly believe that Local Self-Government will not flourish in a country where are presented none of the conditions on which its prosperity depends, and he may conjecture that in Ireland, as in France, an honest centralised administration of impartial officials, and not Local Self-Government, would best meet the real wants of the people.^[3]

The notion that Ireland or any one part of the United Kingdom ought, or has a claim, to have the same institutions as every other part rests on a confusion of ideas, and is a false deduction from democratic principles. It is founded on the feeling which has caused half the errors of democracy, that a fraction of a nation has a right to speak with the authority of the whole, and that the right of each portion of the people to make its wishes heard involves the right to have them granted. This delusion has once and again made Paris the ruler of France, and the Parisian mob the master of Paris. The sound principle of democratic government—and England must, under the present state of things, be ruled on democratic principles—is, that all parts of the country must be governed in the way which the whole of the State as represented by the majority thereof deems expedient for each part, and that while every part should be allowed a voice to make known its wants, the decision how these wants are to be met must be given by the whole State, that is (in the particular instance) by the majority of the electors of Great Britain and Ireland. From this principle it does not follow either that every part of the kingdom should have those institutions which that part prefers, (though in so far as this end can be attained its attainment is desirable,) or, still less, that every part of the kingdom should have the same institutions as every other part. That this is so everybody in a general way admits. No one supposes that because the people of Leicester abominate vaccination the Vaccination Acts are not to be extended to that borough, or that the wish of the people of Birmingham in favour of free schools is decisive in favour of making education in Birmingham gratuitous. The will of a locality is admitted not to be the expression of the will of the nation. No one, again, fancies that the legal institutions of England ought of necessity to be extended to Scotland, or the law of Scotland to England. In Ireland recent legislation has, and with general approval, established institutions which no one alleges must, because they exist in Ireland, be applied of necessity or as a matter of justice to England. English tenants might in many cases, it is likely enough, think the provisions of the Irish Land Acts a boon, but no one would listen to the argument that simply because under the special circumstances of Ireland special privileges are given to Irish tenants, similar privileges ought to be conferred upon every English tenant farmer. The idea therefore that because English boroughs or counties receive an increased measure of self-government the same measure ought to be extended to Ireland, though it sounds plausible, is neither conformable to democratic principle nor to our habitual practice, grounded as that practice is on considerations of common sense and expediency. The true watchwords which should guide English democrats in their dealings with Ireland, as in truth with every other part of the United Kingdom, are not "equality," "similarity," and "simultaneity," but "unity of government," "equality of political rights," "diversity of institutions." Unless English democrats see this they will commit a double fault: they will not in reality deal with Ireland as with England, for to deal with societies in essentially different conditions in the same manner is in truth to treat them differently; they will not—and this is of even more importance—perform the true function of the democracy, which is to remove by special legislation, mainly in a democratic direction, the peculiar evils which are the result of Ireland's peculiar and calamitous history.

Once realise that Local Self-Government is essentially different from Home Rule, and it becomes patent that the idea of satisfying the wish for Home Rule by increasing the municipal franchises of every township in Ireland is a dangerous delusion. Local Self-Government may be an excellent thing in its way—it is possibly (though I do not say it is) the thing which the inhabitants of Ireland ought to wish for; but it is not the thing which they do wish for, and it has not the qualities which, if Home Rule be really desired by the Irish people, make Home Rule desirable. It does not meet the feeling of nationality; it does not give the popular leaders authority to settle the land question; it does not free the law from its alien aspect. The very reasons which make English reformers favour the extension of Local Self-Government in Ireland prove that Local Self-Government, whatever its merits, is no substitute for Parliamentary independence. Englishmen recommend Local Self-Government because it does not check on the authority of the Imperial Parliament; Home Rulers desire Home Rule because it does check Imperial legislation. Brandy is good, and water is good; but when a neighbour asks for a glass of spirits, it is mockery to tender a glass of water on the ground that both spirits and water are drink. The benevolent person who makes the offer must not wonder if he receives no thanks.