Handbook of Home Rule: Being Articles on the Irish Question
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Handbook of Home Rule: Being Articles on the Irish Question
Home rule -- Ireland; Ireland -- Politics and government -- 1837-1901; Irish question
The question to what extent a minority shall rely on the federation for
protection, and to what extent on its own State, is a matter settled by
the contract which has created the federation. The settlement of this
is, in fact, the great object of a Constitution. Until it is settled
somehow, either by writing or by understanding, there is, and can be, no
federation. If I, as a citizen of the State of New York, could call on
the United States Government to protect me under all circumstances and
against all wrongs, it would show that I was not living under a
federation at all, but under a centralized republic. The reason why I
have to rely on the United States for protection against some things and
not against others is that it was so stipulated when the State of New
York entered the Union. There is nothing in the nature of the federal
system to prevent the United States Government from protecting my
freedom of speech. Nor is there anything in the federal system which
forbids its protecting me against the establishment of a State Church,
which, as a matter of fact, it does not do. Nor is there anything in the
federal system compelling the Government to protect me against the
establishment of an order of nobility, which, as a matter of fact, it
does do. The reason why it does not do one of these things and does the
other is simply and solely that it was so stipulated, after much
discussion, in the contract. Most thinking men are to-day of opinion
that the United States ought to have exclusive jurisdiction of marriage,
so that the law of marriage might be uniform in all parts of the Union.
The reason why they do not possess such jurisdiction is not that
Congress is not fully competent to pass such a law or the federal courts
to execute it, but that no such jurisdiction is conferred by the
Constitution. In fact it seems to me just as reasonable to cite the ease
of divorce in various States of the Union as a defect in the federal
system, as to cite the oppression of local minorities in matters not
placed under federal authority by the organic law.
Public-domain text, read in full here on John Shaqi.
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