England's Case Against Home Rule by Albert Venn Dicey
page 86 of 286 (30%)
page 86 of 286 (30%)
|
defied the law of the land. Nothing can be a better example of such
defiance than the anti-rent war which raged in New York between 1839 and 1846.[23] The struggle exhibited all the recklessness of a no-rent agitation in Ireland with none of the excuses which can be urged in palliation of outrage by half-starving tenants; it produced a "reign of terror which for ten years practically suspended the operations of law and the payment of rent throughout the district" which was the field of the anti-rent movement; it ended in a nominal compromise which was a real victory for the anti-renters. In this instance, be it remarked, no sentiment of nationality or State right came into play. The law was hated, not because it was "foreign," but because it enforced the obligation of an unpopular contract. Landlords, it is now all but admitted, are not entitled to the full rights of citizens. The triumph therefore of the anti-renters at New York may command a certain amount of sympathy. The popular sentiment which in 1833 induced the people of Connecticut to boycott Miss Prudence Crandall cannot be brought under the sanction of any "higher law." Her crime was that she chose, obeying the dictates of her conscience, to open a school for negro girls in Connecticut. She was subjected to every annoyance and insult which the most reckless boycotter could invent. Legislation itself was turned against her, and the State failed utterly in the duty of protecting one of the most meritorious, and now, one is happy to think, one of the most honoured among the women of America. The Lyman Riots at Boston, as indeed every stage in the noble struggle of the American Abolitionists against popular injustice, tell the same tale, namely, that law in the United States has once and again failed to assert its due supremacy over injustice backed by public approval. This melancholy failure may possibly support the proposition that England cannot enforce the law in Ireland. It far more conclusively shows that even in countries deeply imbued with the spirit of legality self-government has no necessary |
|