PROFESSOR DICEY ON THE PARNELL COMMISSION.
IN "England's Case against Home-rule," Professor Dicey did a signal service to the cause of the Union. He exposed beyond the possibility of reply the constitu- tional impostures involved in Mr. Gladstone's Bill for conferring an independent Parliament upon Ireland. Yet, great as were the obligations under which he laid all Unionists by that work, he has struck an even more potent blow in a book published this week by Messrs. Cassell and Co., under the title of "The Verdict." In the present volume, which, owing to its shortness, and the epigrammatic vigour of the style, is exceedingly easy reading, be deals with the results arrived at by the Report of the Special Commission, and with the evidence on which that Report was based, and shows in clear and forcible language the true significance of many points which have hitherto been almost completely missed by the country. Con- fining himself to the sure ground of the findings of the Judges, and refusing to use facts which have not obtained their sanction, and so have become " matters of record," he brings out with extraordinary vividness, and yet always with a perfect measure of justice to his opponents, the momentous conclusions which are necessitated by the verdict of the Commissioners. For the first time, the full meaning, both legal and moral, of their pronouncement is shown to the public, and it is not too much to say that the book becomes at once a document of prime importance in the Home-rule controversy. Many of the social and political, as distinguished from the constitutional aspects of the Unionist case, find here their best and most complete ex- pression, and, unless we are greatly mistaken as to the sincerity of the public desire for light upon the chief political problem of the day, the work is destined to pro- duce an ultimate effect in many ways analogous to that achieved by Burke's Reflections on the French Revolu- tion. If Professor Dicey cannot boast the prophetic inspiration and glowing rhetoric of Burke, he at any rate brings to his task a far larger share of impartiality and self-restraint, and is enabled thereby to enter with a much wider sympathy of compre- hension into his opponents' aims and aspirations. The passion, the exaggeration, and the inability to share and understand popular sentiment, that injured the moral effect of Burke's tract, is not to be found in that of Professor Dicey, who, though he appeals to his fellow-countrymen from the standpoint of a states., man anxious above all things that they should view the situation as he sees it, and as he believes it can only rightly be viewed, maintains throughout the temper of a just and upright Judge. If any Unionist, perplexed by the torrents of sophistry poured forth by Gladstonian writers and speakers, is anxious to review his position and to reconsider the abstract justice of the cause he has espoused, he cannot do better than turn to " The Verdict." Nor will even the most convinced and un- shaken of the opponents of Home-rule be able to read its pages without finding a hundred hitherto un- appreciated grounds for withstanding the Parnellite de- mands. The work brings the foundations of Unionism down to the rock, and establishes beyond all doubt or question not only the political expediency but the moral necessity for resisting the policy of breaking up the Union. That Professor Dicey's book will work visible conversions among his opponents, we do not, of course, suppose for a moment. That is as impossible for literature as for oratory. It will, however, we believe, do something quite as effective. Few really fair-minded and intelligent Glad- stonians will be able to read it without feeling shaken in' many of the vital articles of their faith ; and though for the moment they may nominally turn a deaf ear to 'its warnings and to the irresistible conclusions which it con-. tains, those warnings and conclusions must of necessity come home at last, and serve to paralyse the action ?f-. the Home-rulers when they have most need for persistence and firmness. Men's actions remain unaffected by the dictates of truth and reason as long as they are uncon- that portion of the book which is concerned with the one else. These are his words, used in the House on May Findings of the Commissioners, we do not propose to 24th, 1882 :—" I have a perfect right to deal with one man deal, since, though an enormous amount of fresh light rather than another, and even to tell people that I am is therein thrown upon the real significance of the Report, doing so ; but that has nothing to do with combined intimi- lit is necessarily very difficult to summarise. Instead, we dation exercised for the purpose of inflicting ruin and driving will say something of Professor Dicey's treatment of " the men to do what they do not want to do, and preventing Of the irrelevant arguments which are rapidly die- illegal, and that is the illegality recommended by the missed by Professor Dicey, we will take one specimen. honourable gentleman, and it is plain that those who re- The Parnellite leaders were found guilty of criminal commend and sanction such illegality are responsible for 'conspiracy. Ah ! but that is nothing,' say the Glad- other illegalities, even though they do not directly sanction stonians, and among them is an ex-Lord Chancellor, them." who gaily admits that he himself has been a con- With Professor Dicey's treatment of the arguments from spirator." " We are all of us [we are quoting from " the nature of political crime," from " the nature of Professor Dicey's summary of his opponents' argu- political movements," and from "the Union of Hearts," silent], in fact, daily conspiring ; just as at every we have no space to deal. We can only find room to 'moment of our lives we imbibe microbes, so, according to point out that the last is specially impressive, and de- -our teachers, it would seem there are few men who have molishes to the last stone that fabric of shams and not at some time or other been criminal conspirators." sophistries which, unless its unreality is understood, The answer to all this talk is plain enough. " Grant, since naturally exercises a considerable influence upon men's -eminent lawyers say it, that trifles for which no human minds. Home-rule could no more produce a Union of being ever has been or will be indicted are, in the eye of Hearts, than would the establishment of Prince Charlie as a the law, criminal conspiracies. The argument, backed sub-Bing at Edinburgh have reconciled the Jacobites to up by this concession, then stands thus : some trifles Hanoverian overlordship, or the allowance of Secession have are conspiracies, therefore a conspiracy which has pro- made friends of the North and South. It is the maintenance -d.uced dishonesty, oppression, and misery throughout of the Union that has made the men of New England and of Ireland is a trifle." When the Gladstonians talk about Virginia contented fellow-citizens ; and the maintenance of criminal conspiracies being matters of no importance, they the Union will alone suffice to render Englishmen, Scotch- are, in fact, simply playing with words. Among " the rele- men, and Irishmen at heart one people. The " political -rant" Home-rule arguments, we will deal with that drawn results" dwelt on by Professor Dicey must also be left un- tfrom the prevalence of boycotting. Here is ProfessorDicey's commented upon by us, except to point out his exposition of 'exceedingly fair summary of the position assumed by the the fact that the Report proves the two main assumptions Oladstonians :—" Boycotting, and still more the spirit of on which the Unionists rest their policy to be sound and boycotting, is, it is admitted, an evil which, wherever it unshakeable. They are,—(1), " That the movement which -exists, just men of all parties detest and deplore. But for the last eleven years and more has disturbed Irish the thing, under whatever name, flourishes, it is urged, in society to its depth, is in its essence agrarian rather than England as well as in Ireland ; it is known to all parts of national ;" and (2), "That Mr. Parnell and his associates are the United Kingdom ; it is practised by Tory Squires or among the most untrustworthy of politicians, and possess Primrose Dames, as well as by Parnellite politicians or neither the will nor, if they had the will, the power, per- members of the Land League ; it is therefore grossly un- manently to govern the movement which, as Gladstonians just to treat as criminal in Ireland conduct which we deem hold, will be terminated by the concession to Ireland of a at worst only blameworthy in England ; we ought all to more or less independent Parliament." condemn the spirit of boycotting, but our denuncia- It is not difficult to imagine the reception which Pro- tions lack justice if they are directed only against fessor Dicey's book will meet with among many Glad- * party whose political aims we happen to detest." stonians. We can easily imagine how they will comfort In meeting this contention, Mr. Dicey, of course, admits themselves for the qualms of doubt and distrust sure to at once that " the spirit of boycotting," if we mean thereby be inspired by many of its passages. They will take --" the tendency to grasp political advantage by appealing heart with the thought : After all, this is all mere to the interest or the fears of electors, exists throughout logical hair-splitting ; and, as ever wise man knows, the -the United Kingdom as it exists throughout the world." world was never governed by logic.' But will not the 'Then, too, views as to legitimate influence vary, and the Gladstonians who find encouragement in this thought, • -zeal of party often outruns the sense of justice. " That be in reality deceiving themselves ? Is not to argue this should be so is deplorable, and every sensible man so, to confound logic and pure reason ? Pure reason, ibopes, as most sensible men believe, that in Great Britain, we are perfectly willing to admit, is generally, if :under the influence of enlightened opinion and of effective not indeed always, at fault in worldly affairs, and scions of their application to the course they desire to legislation, the use of undue pressure—of exclusive deal- !pursue. When, however, these have once been clearly ing—year by year diminishes." But granted that " the brought home to their minds—it little matters how un- spirit of boycotting," which in Ireland culminates in willingly—no determination to remain blind is really boycotting, is world-wide, the fact " affords no ground effectual. Those Gladstonians, then, who have resolved whatever for not punishing proved acts of extreme -to follow Mr. Gladstone at all costs, if they value their cruelty and intimidation." " The spirit of theft, of own peace of mind had better not read " The Verdict." lust, and of murder exists everywhere, for covetousness, If they do read it, no amount of resolute scoffing at its sensuality, uncharitableness, and malice flourish wherever conclusions will protect them from the weakening effects human beings associate together. But that is not generally it is certain to produce. thought any reason against the denunciation and punish- Professor Dicey's Tract on " The Political Significance of ment of burglary, rape, and murder." The manner in 'the Report of the Parnell Commission," to quote the sub- which Professor Dicey deals with the sophistical die- title of his book, is divided into three parts. The first tinctions sought to be made between " boycotting " and deals with the findings of the Commission, and shows in " boycotting without intimidation," is masterly. " This re- clear and simple language exactly what the Judges finement could never have been made intelligible to Irish did or did not find, and what is the meaning that farmers, and this for the best of reasons. It is nonsense, ought to be attached to their words. The second deals and ' nonsense never can be understood.' The proposed with " the Gladstonian apology," showing how certain distinction is self-contradictory." It is impossible to of their arguments are essentially irrelevant, and how take a specific case of boycotting without seeing this others, though nominally relevant, are either based on at once. " In the existing condition of Ireland, boy- false premisses or involve false deductions. The third cotting as practised in Ireland involves the fear of :shows " the political results " that have flowed, and must outrage, ruin, or death ; and such fear, when used to continue to flow, from the Report of the Commission, and influence a man's conduct, is intimidation. Boycotting .how they affect the Parnellites, the Gladstonians, and the without intimidation will never become possible or -Unionists. In an appendix there have been placed the find- conceivable till there exists robbery without theft and ings of the Commissioners, in which the declarations of murder without killing " Exclusive dealing may exist in ." Not guilty " are printed in italics, of " Guilty " in black England, but that, as Mr. Gladstone has himself told us, is type, and of " Not proven " in " larger type than ordinary," " a totally different thing." The distinction between the in order to secure easiness and rapidity of reference. With two has been better drawn by Mr. Gladstone than by any that portion of the book which is concerned with the one else. These are his words, used in the House on May Findings of the Commissioners, we do not propose to 24th, 1882 :—" I have a perfect right to deal with one man deal, since, though an enormous amount of fresh light rather than another, and even to tell people that I am is therein thrown upon the real significance of the Report, doing so ; but that has nothing to do with combined intimi- lit is necessarily very difficult to summarise. Instead, we dation exercised for the purpose of inflicting ruin and driving will say something of Professor Dicey's treatment of " the men to do what they do not want to do, and preventing Gladstonian apology." them from doing what they have a right to do. That is Of the irrelevant arguments which are rapidly die- illegal, and that is the illegality recommended by the missed by Professor Dicey, we will take one specimen. honourable gentleman, and it is plain that those who re- the most apparently unreasonable arrangements will often work well in practice. Professor Dicey, however, does not arrive at his conclusions by any reference to abstract theories or appeals to political perfectionism. His logic is used, not to spin cobwebs, but to show the hard core of essential truth that underlies a series of compli- cated facts. Reasoning of this kind is inevitable—irre- sistible, and cannot be dismissed off-hand as mere un- -practical theorising. Anomalies and inconsistencies may not matter in constitution-making. In the province of morals and conduct they cannot be overlooked, or, if they are, they will surely bring their revenge. This fact the Gladstonians are at present resolved to ignore, but some day or other it will come home to them with disastrous force.
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