England's Case Against Home RuleDicey, A. V. (Albert Venn)
History
England's Case Against Home Rule
Dicey, A. V. (Albert Venn)
Home rule -- Ireland
[22] See pp. 87-89, _ante._
[23] See 'American Home Rule,' _Nineteenth Century_, June, 1886, pp.
793, 803, 804.
[24] _Nineteenth Century_, June, 1886, p. 801.
[25] Contrast the Coercion Acts of 1881 and 1882 respectively. For list
of Coercion Acts see "Federal Union with Ireland," by R.B. O'Brian,
_Nineteenth Century_, No. 107, p. 35.
[26] In England the Courts can change the venue for the trial of a
criminal. In Scotland the Lord Advocate can always (I am told) bring any
case he chooses to trial before the High Court of Justiciary in
Edinburgh, and the same thing could be done by the Court on the
application of the prisoner. In Scotland, again, any Sheriff or Chief
Magistrate of a Burgh could prohibit a meeting, however lawful, which he
thought likely to endanger the peace. The provisions of the last Irish
Coercion Act, Prevention of Crime (Ireland) Act, 1882, 45 & 46 Vict. c.
25, s. 16, giving power to a magistrate where an offence had been
committed to summon and examine witnesses, even though no person is
charged with the offence, formed, I believe, part of the draft criminal
code for England.
[27] See for an admirable statement of this argument, "Alternative
Policies in Ireland," in the _Nineteenth Century_ for February, 1886.
CHAPTER V.
THE MAINTENANCE OF THE UNION.
[Sidenote: The failure of the Union; its nature.]
Eighty-six years have elapsed since the conclusion of the Treaty of
Union between England and Ireland. The two countries do not yet form an
united nation. The Irish people are, if not more wretched (for the whole
European world has made progress, and Ireland with it), yet more
conscious of wretchedness; and Irish disaffection to England is, if not
deeper, more wide-spread than in 1800. An Act meant by its authors to be
the source of the prosperity and concord which, though slowly, followed
upon the union with Scotland, has not made Ireland rich, has not put an
end to Irish lawlessness, has not terminated the feud between
Protestants and Catholics, has not raised the position of Irish tenants,
has not taken away the causes of Irish discontent, and has therefore not
removed Irish disloyalty. This is the indictment which can fairly be
brought against the Act of Union. It is, however, of importance to
notice that the main charges to which the Act of Union is liable are
negative. It has not removed (its foes, say that it has not mitigated)
great evils; but the mass of ills for which the Union is constantly made
chargeable were in existence before the days of Pitt or Cornwallis.
Destitution, sectarian animosities, harsh evictions, met by savage
outrages, the terror of secret societies, the stern enforcement of law
which to the people represented anything but justice, are phenomena of
Irish society, which, as they existed before the Volunteers established
the Parliamentary independence of the country, and continued to exist
when Ireland was subject to no laws but those passed by an Irish
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