A Leap in the Dark eBook

A. V. Dicey
This eBook from the Gutenberg Project consists of approximately 233 pages of information about A Leap in the Dark.

A Leap in the Dark eBook

A. V. Dicey
This eBook from the Gutenberg Project consists of approximately 233 pages of information about A Leap in the Dark.
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

Copyrights
Project Gutenberg
A Leap in the Dark from Project Gutenberg. Public domain.