The Framework of Home Rule Part 5

Against the policy of the two great political parties in England the little group of Radicals struggled manfully, and in the long run not in vain, although for years they had to submit to insult and contumely in their patriotic efforts to expose the vices of the colonial administration and to avert the rebellion they foresaw in the Canadas.

What they feared, with only too good cause, was that the American and Irish precedents would be followed, and war made for the coercion of the Canadas, to be followed, if successful, by a still more despotic form of government, which would in its turn provoke a new revolt. Rather than that such a catastrophe should take place, they went, rightly, to the extreme point of saying that an "amicable separation" should be arranged, maintaining, what is indisputable, that the claims of humanity should supersede the claims of possession. With Russell himself declaring till the eleventh hour that responsible government was out of the question because it meant "separation," they were quite justified in demanding that separation, if indeed inevitable, should come about by agreement, not as the possible result of a fratricidal war. For such a war, though Russell could not see it until Durham made him see it, was the only alternative to the grant of responsible government. But the Radicals never used this argument unless circ.u.mstances forced them to.

Molesworth, in a debate of March 6, 1838, denounced the prevailing view of the Colonies, insisted that we should be proud of them and study their interests, that reform, not separation, should be our aim. The Radicals were fully aware of the alternatives, and were unwearied in pointing out the justice and policy, in the Imperial interests, of acceding to the colonial popular demands. Grote had expressed the truth in the December debate of 1837, when he implored the House "not to use a tone of triumph at the superior power of England," but to remember that the colonists, "though freemen, like ourselves," desired to remain, "if they could do so with honour, in connection with England as the Mother Country." He was followed by a gentleman named Inglis, who said that "it was in Canada as in Ireland," a faction called itself Canada, and that we must bring "back the colonists," like the Irish, "to subordination."

Roebuck, who led the Radicals in Canadian matters, had some of the faults of Papineau and Mackenzie; yet posterity should give him and his comrades credit for a constructive Imperialism which the great men of his day lacked. It is now known that he and Sir William Molesworth powerfully influenced Durham's policy. In a paper he drew up at Durham's request on the eve of that n.o.bleman's departure for Canada he sketched a plan, imperfect in some details, but wise in broad conception, for pacifying the Canadas, and went further in elaborating a scheme, also defective, for the Confederation of British North America under the Crown on the lines conceived by the despised demagogue, Mackenzie.[27]

But the two men who, by influencing Durham, probably did most to save Canada for the Empire and to lay the foundations of the present Imperial structure, were Charles Buller, the Radical M.P., and Edward Gibbon Wakefield, both of whom accompanied the new Governor-General to Canada, and who are generally believed to have inspired, if they did not actually write, the greater part of the celebrated Report which became the Magna Charta of the self-governing Colonies of the Empire.

A word about the events which ended in the publication of this Report.

Durham reached Canada at the end of May, 1838, and in November was recalled in disgrace for exceeding--strange as it seems!--the almost absolute powers temporarily entrusted to him. He was an extraordinary mixture of a despot and a democrat, an extreme Radical in politics, an autocrat in manners, as vain and tactless as he was generous and sincere, making bitter enemies and warm friends in turn. He began by winning and ended by estranging almost every cla.s.s in both Provinces of Canada, and returned to England to all appearances a spent and extinguished meteor. There is some truth, perhaps, in Greville's observation that, had he been "plain John Lambton," he would never have been chosen for Canada. It is certain that those who sent him there little dreamed of the consequences of their action. Lord Melbourne, the Prime Minister, in a letter to the Queen, charged him with magnifying the Canadian troubles "in order to give greater _eclat_ to his own departure."[28] Still, he did his work of investigation faithfully, and formed his conclusions sanely, and there were plain men of greater ability at his elbow in the persons of Wakefield and Buller, by whose advice he was wise enough to be guided. All opinion was against him when news came of his recall, and even Roebuck was denouncing him in the _Spectator_ for his autocratic excesses; but a brilliant article by John Stuart Mill in the _Westminster Review_, pleading for time and confidence, arrested the tide of obloquy.

Durham's long Report, and the events which followed it, ought to be studied carefully by every voter, however lowly, who has a voice in deciding the fate of Irish Home Rule. After an exhaustive discussion of the causes of disorder in Canada, Durham made two recommendations, the first of incalculable importance, and proved by subsequent experience to be right; the second of minor consequence, and proved by subsequent experience to be wrong.

The first was that responsible government should be inaugurated both in Canada and in the Maritime Provinces of North America, whose const.i.tutional troubles Durham also discussed. His proposal was that the Governor should govern in accordance with advice given by Colonial Ministers in whom the popular a.s.sembly reposed confidence, and who, through that a.s.sembly, were in touch with popular opinion; for it was to the strangulation of popular opinion that Durham attributed all the disorders and disasters of the past. This recommendation was eventually adopted, not in the Act subsequently pa.s.sed, but by instructions to the Governors concerned; instructions which were first interpreted in the full liberal spirit by Lord Elgin in 1847. The Maritime Provinces at various dates and under various Governors received full responsible government by 1854. Responsible government proved the salvation of Canada and the Empire, as it would have proved, if given the chance, the salvation of Ireland and a source of immensely enhanced strength to the Empire.

The second and less important recommendation, afterwards embodied in the Act of 1840, was the Union of the two Provinces of Upper and Lower Canada. Here Lord Durham, misled unhappily by the Irish precedent, fell into an error. During his visit to Canada he came near to accepting that higher conception of a Federal Union with local Home Rule for each Province, outlined by Roebuck and Mackenzie, and eventually consummated thirty years later. When he came home to London he made a _volte face_, rejecting the Federal idea and accepting its ant.i.type, that Legislative and Administrative Union of the two Provinces which had been rejected by Pitt in 1791. There were, of course, economic arguments for Union apart from the racial factor; but they do not seem to have been decisive with Durham. At the last moment he gave way to a dread of predominant French influence in Lower Canada, similar at bottom to his dread of the unchecked influence of the British minority. While he feared that the latter, if let alone, would inaugurate a reign of terror, he added also: "Never again will the present generation of French-Canadians yield a loyal submission to a British Government." The argument is inconsistent with the whole spirit of the Report, which attributes the friction in both Provinces to bad political inst.i.tutions. It is probable that Durham was really more influenced by the quite reasonable recognition that the French were relatively backward in civilization and ideas. He sought, therefore, both to disarm them politically and to anglicize them socially, by amalgamating their political system with that of wholly British Upper Canada. His calculation was that in a joint a.s.sembly the British would have a small but sufficient majority. The estimated population of Lower Canada was 550,000, of whom 450,000 were French, and 100,000 British and Irish; that of Upper Canada 400,000, all British and Irish. That is to say, that in both Provinces together there was a British and Irish majority of 100,000. The calculation over-estimated the British element, but in the event this mistake proved to be immaterial. Though Durham himself appears to have intended representation to be in strict accordance with population, the Union Act, pa.s.sed in 1840, allotted an equal number of representatives in the Joint a.s.sembly to each of the old Provinces. The a.s.sumption here was that the British Members from Upper Canada would unite with those of old Lower Canada to vote down the French, just as the Ulster Protestants voted with English members to vote down the Irish majority.

In practice the Union, after lasting twenty-six years, eventually broke down. Durham's fear of French disloyalty proved to be as groundless as his ideal of complete anglicization was futile. It was neither necessary, sensible, nor possible to extinguish French sentiment, and human nature triumphed over this half-hearted effort to apply in dilution the medicine of Fitzgibbonism to the Colonies. Little harm was done, because the introduction of responsible government, far transcending the Union in importance, worked irresistibly for good.

Parties did not run wholly on racial lines, but racialism was encouraged by the equal representation of the two Provinces in the a.s.sembly, in spite of the greater growth of population in the Upper Province. The system was unhealthy, and at last produced a state of deadlock, in which two exactly equal parties were balanced, and a stable Government impossible. When that point was reached, men began to observe the strong and supple Const.i.tution of the adjacent United States, and to recognize that a politically feeble Canada was courting an absorption from that quarter which all Canadians disliked. The Legislative Union was dissolved by the mutual consent of the Provinces with the approval of the Mother Country, and in 1867, under the British North America Act, the Federal Union was formed which exists in such strength and stability to-day. Fear of French disloyalty or tyranny was a night-mare of the past, even with the British minority in Lower Canada. It was realized that French national sentiment was perfectly consistent with racial harmony under the British flag. Upper Canada became Ontario, Lower Canada Quebec. Each Province reserved a local autonomy for itself, and each at the same moment voluntarily surrendered certain high powers to a supreme centralized Government, in which both had confidence. Such a political system is capable of indefinite expansion. Nova Scotia and New Brunswick joined the Federation at the outset, Prince Edward Island and British Columbia a little later, and were followed in turn by the successively developed Provinces which now form the united and powerful Dominion of Canada.

Turn back to Ireland and weigh well the a.n.a.logy. _Mutatis mutandis_, almost every paragraph of the Durham Report applied with greater force to the Ireland of his day. The ascendancy of a caste and creed minority in Upper Canada; of a race minority in Lower Canada; "the conflict of races, not of principles"; the consequent obliteration of natural political divisions, and the subst.i.tution of unnatural and vindictive antagonisms demoralizing both sides to every quarrel; the universal disgust with and distrust of the British Government, though for reasons diametrically opposite; the hopelessness of true reforms; the perpetuation of abuses; the stagnation of trade and agriculture; the re-emigration to America, and the abuses of a Church Establishment with endowments from sources by right public--all these phenomena and many others had their counterpart in Ireland. Some have disappeared. The Church is disestablished. The land question is on the way to settlement.

The old ascendancy is mitigated. But many of the political, and all the psychological, features of the situation which Durham described do, alas! exist to-day in Ireland. Ireland, like the Canada of 1838, is a land of bewildering paradox. There is a similarly unwholesome arrest of free political life, the same unnatural division of parties, the same suppression of moderate opinion, and the same inevitable maintenance of a Home Rule agitation, harmful in itself, because it r.e.t.a.r.ds the country and accentuates for the time being the very divisions it seeks to cure, but absolutely necessary for the final salvation of Ireland. Durham, in the case of Canada, saw the truth, and swept into the limbo of discredited bogies the old figments of the coercionists. In a singularly n.o.ble and profound pa.s.sage (p. 229), revealing the ethical basis on which his philosophy rested, he declared that even if the political freedom of the Colony were to lead in the distant future to her separation from the Empire, she nevertheless had an indefeasible moral right to the blessings of freedom; but he prophesied correctly that the connection with the Empire "would only become more durable and advantageous by having more of equality, of freedom, and of local administration."

If only Irish and British Unionists would realize that these words came from a profound knowledge of human nature in the ma.s.s, and are applicable to Irishmen in Ireland just as much as to Irish, British, French, and Dutch in the Colonies!

The tenacity of the old superst.i.tion is extraordinary, and we can see it in the case of Canada. It remains a wonder to this day how responsible government was ever introduced. There can be no question that the Act of 1840 only secured a smooth pa.s.sage because, in providing for the Union of the French and British Provinces, it represented a superficial a.n.a.logy to that Union of Britain and Ireland which had paralyzed Irish aspirations. Durham himself had actually quoted both the Irish and Scotch Unions as successful expedients for "compelling the obedience of a refractory population," and thus arrived at the outstanding and solitary defect of his otherwise n.o.ble scheme. And O'Connell, in a debate upon the Report on June 3, 1839, opposed the Canadian Union for Irish reasons, and in language which after-experience proved to be perfectly correct. Happily, as we have seen, the defect was small and curable, because the a.n.a.logy with Ireland, where there was no responsible, but, on the contrary, a separate and wholly irresponsible Executive Government, and whose interests were upheld by only 100 Members in a House of 670, was exceedingly remote. On responsible government itself the Canadian Act of 1840 was entirely silent. We may thank Providence for the fact. Durham's cardinal proposals had received unbridled vituperation as sentimental rubbish where they were not treasonable poison, the whole controversy taking precisely the same form as in 1886 and 1893 over Mr. Gladstone's Home Rule Bills for Ireland.

The _Quarterly Review_ spoke of "this rank and infectious Report,"

though it is fair to say that Peel and Wellington did not join in such wild language. Five months after the issue of Lord Durham's Report, Lord John Russell, in the debate of June 3, was denying, with the approval of all but the Radicals, the possibility of responsible government as emphatically as ever. Durham seems to have partially converted him in the summer, for in introducing the Act itself in 1840 he cautiously committed himself to the plan of instructing the Canadian Governor to include in his Executive Council, or Cabinet, men expressly chosen because they possessed the confidence of the a.s.sembly. But the Act as it stood, ignoring this vital change, was impeccably Conservative, and on that account went through. In some points it seemed, without good reason, to be even reactionary, and was regarded in that light with displeasure by the Radicals, with satisfaction by Whigs and Tories.

While confirming the control of revenue by the a.s.sembly, in return for a fixed civil list, it took away from the a.s.sembly, and vested in the Executive, the power of recommending money votes, and it also retained the Legislative Council or Upper Chamber as a nominated, not as an elective, body. Provided that the Executive had the confidence of the representative a.s.sembly or Lower House, the first point was perfectly sound, and the second was not vital; but there was no security for the condition precedent other than Russell's vague outline of subsequent policy. While the supreme power of the King, acting with or without the Governor, was reaffirmed in the most vigorous terms, there was not a word in the Act about the composition of the Executive Council or its relation to the a.s.sembly.

In Canada much the same misconceptions prevailed, and promoted the acceptance of the Act by the supporters of the old ascendancies. The question of the Union and the question of responsible government, both raised by Lord Durham's Report, became inextricably confused, and the various pet.i.tions and resolutions of the time reflect this confusion.

The French opposed the Union and supported responsible government on the same grounds, and in almost identical terms, as the Irish opposed, and still oppose, their Union with Great Britain, and ask for responsible government in Ireland. Moderate Britishers supported both proposals, but the extremists of the old ascendancy bitterly denounced the whole theory of responsible government, Union or no Union. Their views are ably and incisively set forth by a Committee of the old Legislative Council of Upper Canada, that is, by the members of the "family compact," in a protest signed and transmitted to London, where it was quoted with approval by Lord John Russell. It may be found, together with other pet.i.tions of the time, in the "Canadian Const.i.tutional Development" of Messrs. Grant and Egerton. With a few unessential changes and modifications, the whole doc.u.ment might be signed to-day by a Committee of Ulster Unionists, and I heartily wish that every Ulsterman would read it in a spirit of reason and generosity, and observe how every line of it was falsified by history, before he declares that the situation of Ulster is peculiar, and sets his hand or gives his adhesion to a similar doc.u.ment. The signatories, who, it must be remembered, were a small ruling minority of the colonists, whose power was artificially sustained by the British Governor, claim that they alone, in glorifying and in battling for "colonial dependence," are the true Imperialists.

They hold dear the "unity of the Empire." Responsible government within their own Colony would lead to the "overthrowal" of that Empire, and the reduction of Britain to a "second-rate Power." A colonial Cabinet is absurd; the local and sectional interests are too strong; the British Government must remain as "umpire" to keep the parties from flying at one another's throats. The majority, who are themselves a prey to divisions (and one thinks of Nationalist splits), are seeking only for illegitimate power; the minority are for "justice and protection, and impartial government." Yet in the same breath we are told that all is happy and peaceable as it is. Why subject the Colony to the dissensions of party? Why foster a spirit of undying enmity among a people disposed to dwell together in harmony? The signatories argue from the history of Ireland and Scotland, "which never had responsible government, yet government became impracticable the moment it approached to equal rights." Hence a Union, because "government must be conducted with a view to some supreme ruling power, which is not practicable with several independent Legislatures." Finally, Loyalists and Imperialists as they are, they are not going to stand an attempt to "force independence" on them. They will take the matter into their own hands, and, if necessary, call in the United States to "replace the British influence needlessly overthrown."

I do not quote this sort of thing in order to add any tinge of bitterness to present controversies. The signatories lived to see their errors and to be ashamed of what they wrote. They, like the Irish Unionist leaders of to-day, were able and sincere men, unconscious, we may a.s.sume, that their pessimism about the tendencies of their fellow-citizens was really due to the defective inst.i.tutions which they themselves were upholding, and to the forcible suppression of the finer attributes of human nature; unconscious, we may also a.s.sume, of identifying loyalty with privilege, and "the supreme ruling power" with their own ruling power; unconscious that what they called "Imperial Unity" was in reality on the verge of producing Imperial disruption; and wholly unconscious, certainly, of the ghastly irony of their a.n.a.logy drawn from the brutally misgoverned, job-ridden, t.i.the-ridden, rack-rented Ireland of their day, living, for no fault of its own, under a condition of intermittent martial law, and hurrying at that moment towards the agony of the famine years. Less severe in degree, a.n.a.logous abuses perpetuated in their own interest existed in their own Colony, and were only abolished under the new regime which they attacked with such vehemence before it came, and which, because it transformed and elevated their own character and that of their fellow-citizens, while drawing them closer to the old country, they afterwards learned to regard with pride and thankfulness.

As an effective contrast to the mistaken views of the Upper Canadian statesmen, the reader cannot do better than study the letters of Joseph Howe, the brilliant Nova Scotia "agitator," to Lord John Russell, in answer to that statesman's speech of June 3, 1839, when he argued against responsible government, and quoted the Upper Canadian manifesto as his text. These letters make a wonderful piece of sustained and humorous satire, of which every word was true and every word applicable to Ireland. Howe's portrait, for example, of the average Colonial Governor applies line for line to the average Chief Secretary, coming at an hour's notice to a country he has never seen, and knows nothing of, vested with absolute powers of patronage, and often pledged to carry out a policy in direct conflict with the wishes of the vast majority of the people whose interests he is supposed to guard.

The Act of 1840 went through, but it had little to do with the regeneration and reconciliation of Canada. Poulett Thompson, the first Governor, peremptorily declined to admit the principle of Ministerial responsibility. Some good reforms were, indeed, made in the early years, but the Act was on the verge of breaking down when Lord Elgin, Durham's son-in-law, came to Canada as Governor-General in 1847. After many party changes and combinations, French influence was temporarily in the ascendant, and in 1849 a Bill was on the stocks for compensating French as well as British subjects for losses in the rebellion of 1837. Elgin, following the advice of his Ministers, of whom Baldwin was one, Lafontaine another, gave the Royal a.s.sent to the Bill. The British, with the old cry of "loyalism," and with Orangemen in the van, rioted, mobbed the Governor, and burnt down the Parliament House at Montreal. Elgin, expostulating with Lord John Russell, who was as pessimistic as ever, and threatened with recall, stuck to his guns under fierce obloquy, and the principle of responsible government was definitely established. It was applied at about the same period to the other British Provinces of North America, with the ulterior results I have described, and in a few years to Australia.

The great year, then, was 1847, the year of the Irish famine, and the year before the pitiful rebellion of Smith O'Brien, surrendering in the historic cabbage-garden. Our thoughts go back sixty-four years to 1783, when the American War of Independence ended; when, as a result of that war, British Canada and Australia were founded, and when, at the crisis--premature, alas!--of Ireland's fortunes, the Volunteers in vain demanded the Reform which might have saved their country. Look into historical details, read contemporary debates, and watch the contrast.

Within five years of responsible government Canada solved all the great questions which had been convulsing society for so long, and turned her liberated energies towards economic development. In Ireland the abuses of ages lingered to a point which seems incredible. The Church was not disestablished, amid outcries of imminent ruin and threats of a Protestant rebellion, till 1869, when Canada had already become a Federated Dominion. The Irish land question, dating from the seventeenth century, was not seriously tackled until 1881, not drastically and on the right lines till 1903. Education languishes at the present day.

Canada started an excellent system of munic.i.p.al and local government in the forties. In Ireland, while the minority, in Greville's words, were "bellowing spoliation and revolution," an Act was pa.s.sed in 1840 with the utmost difficulty, removing an infinitesimal part of the gross abuses of munic.i.p.al government under the ascendancy system, and it was not till 1898 that the people at large are admitted to a full share in county and town government. Even this step inverted the natural order of things, for the new authorities are hampered in their work by the incessant political agitation for the Home Rule which should have preceded their establishment, as it preceded it in Great Britain and Canada. Home Rule, the tried specific, was resisted, as those who read the debates of 1886 and 1893 will recognize, on the same grounds as Canadian Home Rule, in the same spirit, and often in terms absolutely identical.

Was it because Ireland, unlike Canada, was "so near"? Let us reflect.

Did Durham advocate Canadian Home Rule because Canada was "so far"? On the contrary, it was a superficial inference, drawn not merely from Ireland, but from Scotland, and since proved to be false both in Canada and South Africa, that made him shrink from the full application of a philosophy which was already far in advance of the political thought and morality of his day. Is it to be conceived that if he had lived to see the Canadian Federation, the domestic and Imperial results of South African Home Rule, and the consequences of seventy more years of coercive government in Ireland, he would still have regarded the United Kingdom in the light of a successful expedient for "compelling the obedience of refractory populations"? In truth, Durham, like ninety-nine out of a hundred Englishmen of his day, knew nothing of Ireland, not even that her political system differed, as it still differs, _toto coelo_ from that of Scotland, and came into being under circ.u.mstances which had not the smallest a.n.a.logy in Scotland. So far as his knowledge went, he was a student of human nature as affected by political inst.i.tutions. Wakefield, who advised him, was a doctrinaire theorist who put his preconceived principles into highly successful practice both in Australia and Canada. They said: "Your coercive system degrades and estranges your own fellow-citizens. Change it, and you will make them friendly, manly, and prosperous." They were right, and one reflects once more on the terrible significance of Mr. Chamberlain's admission in 1893, that "if Ireland had been a thousand miles away, she would have what Canada had had for fifty years."

FOOTNOTES:

[20] "The Irishman in Canada" (N.F. Davin), a book to which the author is indebted for much information of the same character.

[21] "William Pitt and the National Revival."

[22] Canadian Archives, 1905; "History of Prince Edward Island," D.

Campbell; "History of Canada," C.D.G. Roberts. In 1875, after a long period of agitation and discontent, the Land Purchase Act was pa.s.sed, and the Dominion Government asked Mr. Hugh Childers to adjudicate on the land-sale expressly on the ground that he had been a.s.sociated with the Irish Land Act of 1870 ("Life of Mr. Childers," by Lieut.-Col. Spencer Childers, vol. i., p. 232).

[23] Canadian Archives, 1900. Note B. Emigration (1831-1834). Irish immigrants in 1829, 9,614; in 1830, 18,300; in 1831, 34,155; in 1832, 28,024; in 1833, 12,013; in 1834, 19,206: about double the immigration of English and Scottish together in the same period.

[24] "Self-government in Canada," F. Bradshaw, p. 96 _et seq_.

[25] "Durham Report," p. 130.

[26] Hansard, January 23.

[27] "Self-government in Canada," F. Bradshaw, p. 17.

[28] "Letters of Queen Victoria," vol. i., November 22, 1838.

CHAPTER VI

AUSTRALIA AND IRELAND

I have described the Canadian crisis at considerable length because it was the turning-point in Imperial policy. Yet policy is scarcely the right word. The Colonists themselves wrenched the right to self-government from a reluctant Mother Country, and the Mother Country herself was hardly conscious of the loss of her prerogatives until it was too late to regret or recall them. The men who on principle believed in and laboured for Home Rule for Canada were a mere unconsidered handful in the country, while most of those who voted for the Act of 1840 thought that it killed Home Rule. No general election was held to obtain the "verdict of the predominant partner" on the real question at issue, with the cry of "American dollars" (which had, in fact, been paid); with lurid portraits of Papineau and Mackenzie levying black-mail on the Prime Minister, and quotations from their old speeches to show that they were traitors to the Empire; with jeremiads about the terrors of Rome, the abandonment of the loyal minority, and the dismemberment of the Empire, to shake the nerves and stimulate the slothful conscience of an ignorant electorate. Had there been any such opportunity we know it would have been used, and we can guess what the result would have been; for nothing is easier, alas! than to spur on a democracy with such cries as these to the exercise of the one function it should refrain from--interference with another democracy, be it in Ireland or anywhere else. As it was, a merciful veil fell over Canada; Lord Elgin's action in 1849 pa.s.sed with little notice, and a mood of weary indifference to colonial affairs, for which, in default of any Imperial idealism, we cannot be too thankful, took possession of Parliament and the nation.

It was in this mood that the measures conferring self-government on the Australasian Colonies, 12,000 miles away from the Mother Country, and exciting proportionately less concern than Canada, were pa.s.sed a few years later.

From the landing of the first batch of convicts at Botany Bay in 1788, New South Wales, the Mother Colony, was a penal settlement pure and simple, under military Government, for some thirty years. The island Colony, Tasmania, founded under the name of Van Diemen's Land in 1803, was used for the same purpose. Victoria, originally Port Phillip, just escaped a like fate in 1803, and remained uncolonized till 1835, when the free settlers set their faces against the penal system, and in 1845, acting like the Bostonians of 1774 with the famous cargo of tea, refused to allow a cargo of convicts to land. South Australia, first settled in 1829, also escaped; so did New Zealand, which was annexed to the Crown in 1839. Western Australia, dating from 1826, proceeded on the opposite principle to that of Victoria. Free from convicts until 1849, when transportation to other Colonies was checked at their own repeated request, and came to an end in 1852, this Colony, owing to a chronic shortage of labour, actually pet.i.tioned the Home Government to divert the stream of criminals to its sh.o.r.es, with the result that in ten years' time nearly half the male adults in the Colony, and more than half in the towns, were, or had been, convicts. It was not until 1865, under strong pressure from the other Colonies, that the system was finally abolished which threw Western Australia forty years behind its sister Colonies in the attainment of Home Rule.

The transportation policy has been unmercifully criticized, and with all the more justice in that Pitt, when the American war closed the traditional dumping-ground for criminals, had the chance of employing the exiled loyalists of America, many of whom were starving in London, as pioneers of the new lands in the Antipodes. "The outcasts of an old society cannot form the foundations of a new one," said a Parliamentary Report of July 28, 1785. But they could do so, and did do so. Ruskin's saying, _a propos_ of Australia, that "under fit conditions the human race does not degenerate, but wins its way to higher levels," comes nearer the truth. In an amazingly short time after the transportation policy was reversed the taint disappeared. We must remember, however, that, sheer refuse as some of the convicts were, especially in the later period, a large number of the earlier convicts were the product of that "stupid severity of our laws" which the Vicar of Wakefield deplored, and to this category belonged many an unhappy Irish peasant, sound in character, but driven into Whiteboyism, or into the rebellions of 1798 and 1803 by some of the worst laws the human brain ever conceived.

Hundreds of these men survived the barbarous and brutalizing ordeal of a penal imprisonment to become prosperous and industrious citizens.

It was not until 1825, or thereabouts, that free white settlers, many Irishmen among them, came in any substantial number to the Mother Colony of New South Wales, and not until 1832 that these men began to press claims for the management of their own affairs, under the inspiration of an Irish surgeon's son, William Wentworth, the Hampden of Australia. The later Colonies rapidly came into line, Western Australia, for the reason given above, remaining stationary. The first representative inst.i.tutions were granted in 1842 to New South Wales, and in 1850 to Victoria, South Australia, and Tasmania. At that date, therefore, these settlements stood in much the same const.i.tutional position as the Canadas had stood in 1791 (although technically their Const.i.tutions were of a different kind), but with this important difference, that the Act of 1850, "for the better Government of Her Majesty's Australian Colonies," gave power to those Colonies to frame new Const.i.tutions for themselves. This they soon proceeded to do, each constructing its own, but all keeping in view the same model, the British Const.i.tution itself, and aiming at the same ideal, responsible Government by a Colonial Cabinet under a Government representing the Crown. Since responsible Government in Great Britain itself was not a matter of legal enactment, but the product of slowly evolved conventions and precedents, to which political scientists had not yet given a scientific form, it is no wonder that the colonial Const.i.tution-makers found great difficulty in expressing exactly what they wanted in legal terms, and, indeed, none of them came near succeeding; but time, their own political instinct, a succession of sensible Governors, and the forbearance of the Home Government solved the problem, and evolved home-ruled States legally subordinate to the Crown, but with a Const.i.tution closely resembling our own. The Const.i.tutions became law by Acts of the Imperial Parliament pa.s.sed by a Liberal Ministry in 1855. They are of unusual interest because they represent the first rude attempt to put into legal language a small part of the theory of the British Const.i.tution as applied to dependencies of the Crown.

In the most vital point of all, the relation of the dependency to the Home Government (as distinguished from questions of internal political structure), they are almost as reserved as the Canadian Act of 1840, which, as we have seen, did not recognize by a word the duty of the Governor to govern through a Colonial Cabinet. In certain clauses they hint, by distant implication, at the existence of such a Cabinet, responsible to the colonial popular Legislature--the Canadian Act did not a.s.sume even that--but they do not anywhere imply that the Governor is bound normally to place himself in the hands of that Cabinet, while they expressly and rightly reaffirm the supreme power of the Crown, whether acting through the Governor or not, over colonial legislation.

How far this reticence about responsible Government facilitated the pa.s.sage of the Australian Acts in the British Parliament, as it certainly facilitated the Canadian Act of 1840, it is difficult to decide. It was probably a factor of some importance. At any rate, it is true to say that Home Rule, as in Canada, was mainly a result of practice rather than of statutory enactment. The case of New Zealand is a striking example of this. In 1852 New Zealand obtained from a Tory Government a Const.i.tutional Act, which resembles the Canadian Act of 1840 in abstaining from any expression, direct or indirect which implies the existence of a Colonial Cabinet, and it is probable that the framers of the Act intended no such development, but on the contrary contemplated a permanent, irremovable Executive. But the Act was no sooner pa.s.sed than an agitation began for responsible government, under the leaders.h.i.+p of Edward Gibbon Wakefield, part-author of the Durham Report, and at that time a member of the New Zealand a.s.sembly. By 1855, when the Australian Acts were pa.s.sed, New Zealand, without further legislation, had obtained what she wanted.

To complete the story, Queensland, carved out of New South Wales in 1859, entered upon full responsible government at once, and Western Australia, r.e.t.a.r.ded for so long by the servile system of convict-labour, gained the same rights in 1890.

Reading the debates of the middle of the nineteenth century, one is left with the impression that the Australasian Colonies obtained Home Rule by virtue of their distance, and because most politicians at home could not be bothered to fight hard against a principle which at bottom they disliked as heartily for the Colonies as for Ireland. The views of the various parties were not much changed since the days of the crisis in Canada. There were some able Colonial Secretaries who thoroughly understood and believed in the principle of responsible government. On the other hand, some Liberals were not yet converted, though Liberal Governments fathered the Const.i.tutional Acts of 1850 and 1855.

Disraeli's well-known saying in 1852 that "these wretched Colonies will all be independent, too, in a few years, and are a mill-stone round our necks," was typical of the Tory att.i.tude.[29] Lord John Russell, in the same year, 1852, was complaining, as Lord Morley tells us,[30] that we were "throwing the s.h.i.+elds of our authority away," and leaving "the monarchy exposed in the Colonies to the a.s.saults of democracy." A group of Radicals, headed by Sir William Molesworth and Hume in Parliament, and by Wakefield from outside, still pushed the policy of emanc.i.p.ation energetically and persistently on the principle which they had urged in the case of Canada, that freedom was better both for the Colonies and the Mother Country.

But Molesworth and Wakefield gained one ill.u.s.trious convert and coadjutor in the person of Mr. Gladstone, whose speeches on the Colonies at this period, 1849 to 1855, placed him, in regard to that topic, in the Radical ranks, and in veiled opposition to the Whig leaders. Lord Morley quotes a minute from his hand, written in 1852 in answer to the view of Lord John Russell, referred to above, where he says "that the nominated Council and independent Executive were not 's.h.i.+elds of authority,' but sources of weakness, disorder, disunion, and disloyalty." His Parliamentary and platform speeches, pa.s.sing with little notice at the time, nevertheless remain the most eloquent and exalted expression of wise colonial policy that is to be found in our language. If it was not till a generation later that he applied the same arguments to the case of Ireland, the arguments nevertheless did apply to Ireland almost word for word. Proximity to the Mother Country does not affect them. Mr. Gladstone attacks the problem on its human side, showing that coercive government is always and everywhere bad for those who administer it, and bad for those who live under it, expensive, inefficient, demoralizing, and that the longer it is maintained the more difficult it is to remove. He condemns the fallacy of preparing men by slow degrees for freedom, and the "miserable jargon about fitting them for the privileges thus conferred, while in point of fact every year and every month during which they are retained under the administration of a despotic Government renders them less fit for free inst.i.tutions." As to cost, "no consideration of money ought to induce Parliament to sever the connection between any one of the Colonies and the Mother Country," but the greater part of the cost, he urged, was due to the despotic system itself. His words are more applicable to the Ireland of to-day than the Ireland of the middle of the nineteenth century, for it is one of the many painful anomalies of Irish history that that country, at the lowest point of its economic misery, was paying a relatively enormous contribution to Imperial funds, and, incidentally, to the colonial vote, while the Colonies were maintained at a loss correspondingly large, and at times even larger.[31] But cost is, after all, a very small matter.

The first consideration is the character and happiness of human beings, and here Gladstone's words, like Durham's, have a universal application.

If the reader cannot study them at length in Hansard, he should read the great speech on the New Zealand Bill in 1852, and Lord Morley's masterly summary of others. I conclude with a pa.s.sage quoted by him from a platform speech at Chester in 1855, the year when the Australian Const.i.tutions were sanctioned. "Experience has proved that if you want to strengthen the connection between the Colonies and this country, if you want to see British law held in respect, and British inst.i.tutions adopted and beloved in the Colonies, never a.s.sociate with them the hated name of force and coercion exercised by us at a distance over their rising fortunes. Govern them upon a principle of freedom." At that moment, after half a century of coercion and neglect under what was called the "Union," Ireland was bleeding, as it seemed, to death.

Scarcely recovered from the stunning blow of the famine, she was undergoing in a fresh dose of clearances and evictions the result of that masterpiece of legislative unwisdom, the Enc.u.mbered Estates Act.