government means weak government. Ticino is a
small Canton, but from the days of Athenian greatness
small States have been the instructors of the world,
and Englishmen, hesitating over a political leap in
the dark, would do well to study the Ticinese revolution
of September 11, 1890. The Radicals of the Canton
rose in insurrection, and deposed the lawful government
by violence; as Englishmen may remember, the contest
though short involved at least one murder. The
Swiss Executive (called the Federal Council) forthwith
took steps to restore order and to reinstate the lawful
Cantonal government. Their own commissioner, a
military officer, in effect declined to put the overthrown
government back in power. Order was restored,
but the law was never vindicated. A strange set
of negotiations, transactions, or intrigues took place.
In the Federal Assembly at Berne, the Conservatives,
a minority, urged the rights of the lawful government
of Ticino. The Liberals defended or palliated
the revolutionists. On the whole the advantage
seems to have rested with the latter. A trial
before a Federal Court took place, but the accused
were acquitted. No one, if I am rightly informed,
was punished for an act of manifest treason.
It is even more noticeable that Professor Hilty, a
distinguished and respected Swiss publicist, vindicates
or palliates the admitted breach of law, in deference
to the principle or sentiment, which if true has wide
application, that ’human nature is not revolutionary,
and that no revolution ever arises without a heavy
share of guilt (Mitschuld) on the part of the government
against which the revolution is directed.’[120]
The instructiveness of this passage in Swiss history
as regards the working of our new constitution is obvious;
Englishmen should specially note the interconnection
between lawlessness in Ticino and the balance of parties
at Berne; it is easy to foresee an analogous connection
between revolution, say in Dublin or Belfast, and
the balance of parties at Westminster. But this
is not my immediate point; my point is that the Federal
Government at Berne cannot enforce obedience to law
in Ticino in the way in which Englishmen expect that
the Imperial Government shall, under any circumstances,
enforce or cause the law to be enforced in Ireland.
But Ireland, it will be said, is to occupy a position
like that of a self-governing colony. In British
colonies the Imperial power and the rule of law are
respected; both therefore will be respected in Ireland.
The plain answer to this suggestion is that in a British
self-governing colony, no law is enforceable which
is opposed to colonial sentiment and which the colonial
Ministry refuse to put into execution. One well-ascertained
fact is enough to dispose of a hundred platitudes about
Imperial supremacy and the loyal obedience of our colonies.
Victoria is as loyal to the Crown as any colony which
England possesses, yet the submission to law of the
Victorian Government and people is not by any means