A Leap in the Dark: A Criticism of the Principles of Home Rule as Illustrated by the; Bill of 1893Dicey, A. V. (Albert Venn)
History
A Leap in the Dark: A Criticism of the Principles of Home Rule as Illustrated by the; Bill of 1893
Dicey, A. V. (Albert Venn)
Home rule -- Ireland
But Ireland, it will be said, is to occupy a position like that of a
self-governing colony. In British colonies the Imperial power and the
rule of law are respected; both therefore will be respected in Ireland.
The plain answer to this suggestion is that in a British self-governing
colony, no law is enforceable which is opposed to colonial sentiment and
which the colonial Ministry refuse to put into execution. One
well-ascertained fact is enough to dispose of a hundred platitudes about
Imperial supremacy and the loyal obedience of our colonies. Victoria is
as loyal to the Crown as any colony which England possesses, yet the
submission to law of the Victorian Government and people is not by any
means unlimited. Ten years ago three British subjects arrived at
Melbourne and were about to land. Popular sentiment, or in other words
the will of the mob, had decreed that they should not enter the colony.
The Victorian Premier (Mr. Service) announced in Parliament that their
landing should be hindered. The police, acting under the orders of the
Ministry, boarded the ship which brought the strangers, went near to
assaulting the captain, and forcibly prevented the hated travellers from
setting foot on shore. By arrangement between the Melbourne Government,
the captain, and the three men, who were by this time in terror of their
lives, the victims of lawlessness were carried back to England. That the
law had been grossly violated no one can really dispute. The violation
was the more serious because it excited no notice. No appeal was
apparently made to the Courts. The Governor--the representative of
Imperial power and Imperial justice--knew presumably what was going on,
yet he uttered not one word of remonstrance. The Agent-General for
Victoria, when at last a private person in England called attention to
the outrage at Melbourne, pleaded in effect the plea of necessity, and
described the act of tyranny, whereby British citizens were in a British
colony turned into outlaws, as 'an act of executive authority.' The
Imperial Government did I believe--what was perhaps the wisest thing it
could do--nothing. Imperial supremacy in the colonies was, as regards
the protection of unpopular individuals, admitted to be a farce. What,
however, rendered the three travellers unpopular? They were Irish
informers who had aided, unless I am mistaken, in the conviction of the
Phoenix Park murderers. Let us now in imagination conceive our new
constitution to have come into being, and transfer the transactions at
Melbourne in 1883 to Dublin in 1894. Will the Imperial supremacy which
is supposed to be so effective in the colonies be of any more worth in
Ireland than in Victoria?[121]
Public-domain text, read in full here on John Shaqi.
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