an older philosopher than Butler has warned us that
to demand demonstrative proof in the sphere of contingent
matter is the same kind of absurdity as to demand
probable reasoning in mathematics. You cannot
confute a prophet before the event; you can only disbelieve
him. The advocates of Home Rule believe that
their policy would in general have an exactly contrary
effect to that predicted by their opponents. In
truth, every act of legislation is, before experience,
amenable to such destructive criticism as these critics
urge against Home Rule. I have not a doubt that
they could have made out an unanswerable “case”
against the Great Charter at Runnymede; and they would
find it easy to prove on a priori grounds that
the British Constitution is one of the most absurd,
mischievous, and unworkable instruments that ever issued
from human brains or from the evolution of events.
By their method of reasoning the Great Charter and
other fundamental portions of the Constitution ought
to have brought the Government of the British Empire
to a deadlock long ago. Every suspension of the
Habeas Corpus Act, every Act of Attainder, every statute
for summary trial and conviction before justices of
the peace, is a violation of the fundamental article
of the Constitution, which requires that no man shall
be imprisoned or otherwise punished except after lawful
trial by his peers.[20] Consider also the magazines
of explosive materials which lie hidden in the constitutional
prerogatives of the Crown, if they could only be ignited
by the match of an ingenious theorist. The Crown,
as Lord Sherbrooke once somewhat irreverently expressed
it, “can turn every cobbler in the land into
a peer,” and could thus put an end, as the Duke
of Wellington declared, to “the Constitution
of this country."[21] “The Crown is not bound
by Act of Parliament unless named therein by special
and particular words."[22] The Crown can make peace
or war without consulting Parliament, can by secret
treaty saddle the nation with the most perilous obligations,
and give away all such portions of the empire as do
not rest on Statute. The prerogative of mercy,
too, would enable an eccentric Sovereign, aided by
an obsequious Minister, to open the jails and let all
the convicted criminals in the land loose upon society.[22]
But criticism which proves too much in effect proves
nothing.
In short, every stage in the progress of constitutional reform has, in matter of fact, been marked by similar predictions falsified by results, and the prophets who condemn Home Rule have no better credentials; indeed, much worse, for they proclaim the miserable failure of “things as they are,” whereas their predecessors were in their day satisfied with things as they were.[23]