he 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 unlimited. Ten years ago three British subjects arrived at
Melbourne and were about to land. Popular sentiment, or in other words
the will of the mob, had decreed that they should not enter the