A Leap in the Dark

s far to understate the peril of the moment. We are asked to leave an arduous but well-known road, and

starred avoidance of discussion. Hence the ultimate framing of a scheme which is made to pass, but is not made to work, and which probably enough does not represent the real wishes or convictions of any one statesman. Where is the Minister who will tell us that this particular Government of Ireland Bill is according to his judgment-I will not say in its details, but in each and all of its leading principles-the best constitution which can be framed for determining the relations between England and Ireland? This Minister has not appeared-I doubt whether he exists. The Bill may be a model of artful provision for conciliating the prejudices or soothing the fears of English electors, but it is not a well-digested constitution. It is inferior to the Home Rule Bill of 1886. Another consequence of the circumstances under which the Bill has been framed is that its authors themselves have never had the benefit to be derived from the mature discussion of its principles. Mr. Gladstone himself cannot say what are and what are not the fundamental ideas of his scheme. He obviously held, at any rate when the Bill was introduced, that the presence of the Irish members at Westminster was a detail, whereas it is i

owledged by England. Yet the Confederation by the vices of its constitution filled the colonies with discord, and made them both weak at home and contemptible abroad, whilst the creation of the United States restored them to peace and opened for them the road to greatness. The predominance for more than fifty years of the Slave Power in the politics of the American Union, the struggle measured by centuries through which at last the Protestant and progressive Cantons of Switzerland asserted their rightful supremacy over the Catholic and unprogressive Cantons of Switzerland, the weakness of Prussia when, not much more than forty135 years back, she could hardly maintain her rights and her dignit

ill, when it shall occur, be justifiable. Englishmen's ideas of good faith are strict, but they are narrow. One main reason for dreading the new constitution is that it may try beyond measure the patience and the honesty of England. If, for instance, Ulster should resist the legal authority of the Parliament at Dublin, there may arise one of those te

any exercise of subtlety or of extraordinary acuteness, but by obeying the plain dictates of common sense and sound public

ess is e

neral election about the weaknesses and the inconsistencies of the Gladstonians, and far too little about the causes of their stren

ow plain, as has been shown throughout these pages, that the measure of so-called Home Rule is a new constitution for the whole United Kingdom. In 1886 the Gladstonians bona fide intended to close the period of agitation. In 1893 many Gladstonians see in Home Rule for Ireland only the first step towards an extended scheme of federalism. In 1886 no Gladstonian had palliated crime or oppression, no Gladstonian statesman had discovered that boycotting was nothing but exclusive dealing, no Gladstonian Chancellor had made light of conspiracy. All this is changed. Alliance with revolutionists or conspirators has imbued respectable Englis

stitutionally unlimited sovereignty, or at what point legal oppression justifies armed resistance. Two considerations must at this crisis be kept in mind. The one is that, until oppression is actually committed, the maintenance of order is the duty of every citizen, and, like most political duties, is also a matter of the most obvious expediency; the other is that the compulsion of loyal citizens to forgo the direct protection of the government whose sovereignty they admit, and to accept the rule of a government whose moral claim to their allegiance they deny, is a proceeding of the grossest injustice. Let the people of England also be solemnly warned that the Gladstonian policy of 1893 repeats the essential error of the cond

nism should be mar

delusion that it is amendable. And any success in debate would be dearly purchased if it led the electors to suppose that the Government of Ireland Bill, which in fact embodies a policy, so fundamentally perverse that no alteration of details can render it tolerable, is a measure which, though faulty in its execution, is sound in principle. The Unionists leaders, however, whom we can absolutely trust, have

he meaning of the new Fundamental Law. When, in short, a constitution for the country is being drawn up, no discussion which is rational can be obstructive. If a week or a fortnight of parliamentary time is expended in defining the meaning of the supreme authority of Parliament, or in deciding whether the Irish delegacy is or is not to be retained at Westminster, not a moment too much is devoted to points of such transcendent importance. 'But the debate,' it is urged, 'will at this rate last for months.' Why not? 'No other Bills,' it is added, 'can be passed.' What Bills, I answer, ought to be passed whilst the constitution of England is undergoing fundamental alteration? 'But the principles of the measure,' it is objected, 'might have been discussed and settled during the last seve

of the nation well fixed upon these principles. The surrender by the British Parliament and the British Government of all effective part in the government of Ireland, the ambiguities of such a term as 'Imperial supremacy' and all that these ambiguities involve, the inadequacy and the futility of the Restrictions, the errors and impolicy of the financial arrangements, abo

nionism. The concession to Ireland of a petty, paltry, peddling legislature, which dare hardly call itself a Parliament, and is officially designated say as a national council, combined with some faint imitation of a Cabinet, called say a committee, would disappoint and irritate Home Rulers; it would cheat their hopes, but it would afford them the means of gaining their end. It would not give assurance to Unionists, it would not be a triumph of Unionist policy, i

has always relied on

has been to keep Home Rule in the background whilst making its meaning indefinite, and to mix up all the multifarious issues raised by the Ne

ther dissolution might be necessary. The majority for Home Rule might be much reduced. I doubt whether Mr. Gladstone himself would maintain that with a majority say of ten or twenty, a Minister would be morally justified in attempting a fundamental change in the constitution. As to such speculative matters there is no need to say anything. It is worth while, however, to repeat a statement which cannot be too often insisted upon, that the most i

jority of the electors of the United Kingdom. And in the particular case of the Home Rule Bill it is fair, for reasons already stated,137 that the Bill before becoming law should receive the assent of a majority of the electors both of Great Britain and of Ireland. This course, it may be said, is unconstitutional. This word has no terrors for me; it means no more than unusual, and the institution of a Referendum would simply mean the formal acknowledgment of the doctrine which lies at the basis of English democracy-that a law depends at bottom for its enactment on the assent of the nation as represented by the electors. At a time when the true danger is that sections or classes should arrogate to themselves authority which belongs to the State, it is an advantage to bring into prominence the sovereignty of the nation. The present is exactly a crisis at which we may override the practices to save the principles of the constitution. The most forcible objection which can be made is that you ought not for the sake of avoiding a particular evil to introduce an innovation of dubious expediency. The objection itself is valid, but it is in the present instance inapplicable. My conviction is that the introduction of the Referendum, in one shape or another in respect of large constitutional changes, would be a distinct benefit to the countr

rather of the policy of which it is the outcome. The proposed change in our form of government touches the very foundations of the State, and deeply, though indirectly, threatens the unity of the whole Empire. Never surely sin

ange moreover in the whole scheme of French government was an admitted necessity. France might be uncertain as to the working of the new constitution, but France was absolutely certain that the ancien régime was detestable. Individuals or nations may wisely risk much when they are escap

f Ireland is denied its proper title; the supremacy of the Imperial Parliament is nominally saved, and is really destroyed; and the very statesmen who proclaim the supremacy of the Imperial Parliament refuse to assert the subordination of the Irish Parliament. The authors of the constitution are at sea as to its leading principles, and its most essential provision they deem an organic detail, which may at any moment be modified or removed. The whole thing is an incongruous patchwork affair, made up of shreds and tatters torn from the institutions of other lands. It is as inconsistent with the proposed and rejected Constitution of 1886 as with the existing Constitution of England. While however our constitution-makers tender for the acceptance of the nation a scheme

pe

nt Of Ir

MENT OF

tive Au

au

ment of Iris

of Irish L

rom powers of I

on powers of I

ive Au

ve power i

ion of Le

of Irish Legi

of Irish Legisl

between two Hous

ntation in Ho

Parliament of Irish c

na

ate Consolidate

y revenues an

ments as between Unit

ry Account

n Irish Conso

sh Chur

ocal

to Local Taxation Accounts

y bills

or revenue actions, el

tal Telegraphs

post office and

er of savi

Decision of Consti

ish ap

for decision of cons

enant and

of Lord L

wn lands by Ir

nd Civil

e of futu

ther persons having salaries ch

holding civil se

pensions and supera

li

s to

ella

uer Consolidated

to both Houses of

visions as to powers

n borrowing by l

ory Pro

on on powers of Irish L

sitory p

existing laws, co

pointe

efini

hort

EDU

Provision For The Go

e supreme authority of Parliament, an Irish Legislature should b

e advice and consent of the Lords Spiritual and Temporal, and Commons, in thi

tive Au

a Legislature consisting of Her Majesty the Queen and of two

e granted to the Irish Legislature power to make laws for the peace, order, and good govern

ve power to make laws in respect of t

Crown, or a Regency; or the Lord Lieut

or war or matters arisin

y forces, or the def

relations between different parts of Her Majesty's dominio

s or titles

-felony, alienage, o

ntine, or navigation (except as respects inland w

hey can consistently with any general Act of Parliament be

er; or the standard of

chandise marks, copyr

ravention of this se

Legislature shall not exten

r endowment of religion, or prohib

r conferring any privilege, on

establish or maintain any place of denominational edu

o attend a school receiving public money, without at

hout due process of law, or may be denied the equal protection of the la

public purposes taxes, rates, cess, dues, or tolls, or administering funds so raised) may, unless it consents, or the leave of Her Majesty is first

ed Kingdom may be deprived of equal ri

ravention of this se

ive Au

lf of Her Majesty, shall exercise any prerogatives or other executive power of the Queen the exercise of which may be

advise in the government of Ireland, being of such numbers, and comprising persons ho

hold the assent of Her Majesty to Bills passed by the two Houses of the Irish Legislature,

ion of Le

ve Council shall consist o

st Schedule to this Act shall return the number of

an twenty pounds, subject to the like conditions as a man is entitled at the passing of this Act to be registered and vote as a parliamentary elector in respect of an ownership qualification or of the qualification specified in section

not be affected by a dissolution; and one half of the councillors shall ret

by the existing parliamentary constituencies in Ireland, or the existing divisions thereof, and

s sooner dissolved, have continuance for five years from th

n of the electors, and the constituencies, and the distribution of the members among the constitue

ch Bill, or a Bill for enacting the said provision, is again adopted by the Legislative Assembly and fails within three months afterwards to be adopted by the Legislative Council, the same shall forthwith be su

ntation in Ho

therwise determines, the followi

this Act shall return to serve in Parliament the number of members named opposite there

constituencies shall, save as prov

and a member of the House of Commons for an Irish const

he operation of which Bill or motion is confi

ating solely to some tax not rai

de exclusively for some service not menti

ng Great Britain or some part thereof or some lo

her is last mentioned, or relates solely to some tax not raised or to be raised

ction shall not be questioned otherwise than

this enactment shall not prevent the Irish Legislature from dealing with any officers concerned with the issue of writs of election, and if any officers are so dealt with, it shall be lawful fo

na

shall be an Irish Exchequer and Consolidated

Act of Parliament, but subject to the provisions of this Act the Irish Legislature

ion and management thereof shall be regulated by Irish Act, and the same shall be collected and

, collected, managed, and paid into the Exch

so far as regards articles sent out of Ireland, all matters rela

at Britain shall be paid in Great Britain or to a

d shall be paid into the Irish Exchequer and form a Consolidated Fun

e thousand eight hundred and ninety-three, the net proceeds in Ireland of the duties in excess

in consequence less than the net proceeds of the duties before the reduction, a sum equal to the deficiency shall, unless it is oth

y those Commissioners, and the net amount payable by them to the Exchequer on account of those revenues, after deducting all expenses (but including an allowance for interest on such proc

ty situate or business carried on in Ireland, and a person shall not be required to pay in

lected in Ireland from Irish securities held by residents in Great Britain, there shall be made to Ireland out of the income tax collected in Great Britain, an allowance of such amount as may be from time to time determi

not apply to any excess of the rate of income tax in Great Britain above the rate

Kingdom to which Ireland may claim to be entitled, whether specified in the Third Schedule to this Act or not, shall be carried to the Co

eland shall, subject as in this Act mentioned

Imperial liabilities and expenditure, and otherwise for the financial relations between the United Kingdom and Ireland,

rection of the Treasury an account (in this Act

e Exchequer of the United Kingdom, or from the latter to the former Exchequer, and all su

e first instance be payable out of the said account so far as the money standing on the account is sufficient; and for the purpose of meeting such sums, the Treasury out of the customs rev

t times be paid into that Exchequer, and where any sum so payable into the Exchequer of the United Kingdom is required by law to be

hequer of the United Kingdom or Ireland, as the case may be, within the meaning of this Act, and all sums by this Act made payable from t

ated Fund in favour of the Exchequer of the United K

hat Exchequer from t

m sums issued to meet the dividends or sinking fund on guarante

uer of the United Kingdom in consequence of the non-payment thereof

h certificate to the Lord Lieutenant, who shall thereupon by order, without any counter-signature, direct the payment of the amount from the Irish Exchequer to the Exchequer of the Uni

the Irish Consolidated Fund ne

nder the Purchase of Land (Ireland) Act, 1891, which the Land Purchase

urred by the Government of Ireland, whether

ds for the expenses of the household an

of the United Kingdom in respect of Irish services

or court in Ireland or of any county or other like court, who are appointed afte

dated Fund and for the time being due are paid, no money shall b

to the Irish Land Commission by the Irish Church Amendment Act, 1881-shall so far as not paid out of the said property be charged on the Irish Consol

h property shall belong to the Irish Government, and be man

day on security in Ireland, or otherwise in respect of such loan, which but for this Act would be paid to the National Debt Commissioners,

ars, at the rate of four per cent, on the principal of the said loans, exclusive of any sums written off before the appointed day from the account of assets of the Local Loans Fund, and such annui

nd shall cease to be advanced either by the Public Wo

ether with any enactment amending the same, be repealed as from the appointed day without prejudice to the adjustment of balances after that day; but the like amounts shall continue to be paid t

in the case of administration granted in Ireland be chargeable in respect of any personalty situate in Great Britain; and any administration granted in Great Britain shall not, if re-sealed in Ireland, be exemp

d as respects Scotland, confirmation inclusive of the inventory required under the Acts relating t

the public revenue or for imposing any tax

he appropriation for any purpose of any part of the public revenue of Ireland, or of any tax, except in pursuance of

shall be appointed under the great seal of the United Kingdom; and their salaries and p

wise provided by Parliament, receive the same salary and be entitled to the same pension as is at the time of his appointment fixed for the puisne judg

his section shall not be made except with the approval of Her Majesty the Queen in Coun

uch any matter affected by a law which the Irish Legislature have not power to repeal or alter, shall, if so required by any party to such proceedings, be heard and determined before the Exchequer judges or (except where the case requires to be determined by two judges) before one of th

officer whose duty it is to enforce the same, such judge shall appoint some officer whose duty it shall be to enforce the judgment or decree; and for that purpose

above in this section mentioned, shall perform such of the duties ordinarily performed by othe

rs, or recovered under any Act relating to duties of customs, shall, notwithstanding anything

tal Telegraphs

d shall be transferred to the Irish Government, and may be regulated by Iris

r delivery of postal packets and telegrams a

ne telegraphs or through lin

raph business in connection with

ted matters shall, save as may be otherwise arranged with

red in Great Britain, and the Irish Post Office shall retain the revenue collected and defray the expenses incurred in Ireland, subject to the provisions of the Fou

pursuance of this Act shall, if not paid out of the Post Office moneys, be paid from the E

t amending the same, shall apply to all telegraphic lines of the Irish Government

Ireland and all such powers and duties of any department or officer in Great Britain as are connected with post offi

less than six months' previous noti

ransferred to a post office savings bank in Great Britain, and after the said date the depositors in a post office savings bank in Ireland shall cease to have any clai

paid and the savings bank closed, or those sums shall be paid to the Irish Government, and after the said date the trustees shall cease to have any claim against t

of insurance which has before the above-mentioned notice been granted through a post office or trustee saving

Decision of Consti

eland to the House of Lords, such person shall have the like right to appeal to Her Majesty the Queen in Council; and the right so to appeal shall not be affected by

e present not less than four Lords of Appeal, within the meaning of the Appellate Jurisdiction

lly by Her Majesty in Council, and the privy councillors, or some of them, on that rota shall sit to

e jurisdiction of the House of Lords to

whether any Irish Act or any provision thereof is beyond the powers of the Irish Legislature, he may represent the same to Her Majesty in Council, and thereupon the said q

ppear and be heard as parties to the case, and the decision of the Judicial Committee shall be given in like manner as i

esty in Council to refer any question to the Judicial Committee or

enant and

subject of the Queen shall be qualified to hold the office of Lor

ointment. 25. Her Majesty the Queen in Council may place under the control of the Irish Government, for the purposes of that government, such of the la

nd Civil

d, appointed after the passing of this Act, shall not be removed from his office except in pursuance of an address from the two Houses of the

from both Houses of Parliament, continue to be removeable only upon such address, and if removeable in any other manner shall continue to be removeable only in the same manner as heretofore; and shall continue to receive the same salaries, gratuities, and pensions, and to be liable to perform the same duties as heretofore

pletion of the period of service entitling him to a pension, Her Majesty may, if she thinks fit, grant to him such pe

enure and to receive the same salaries, gratuities, and pensions, and to be liable to perform the same duties as heretofore or such duties as the Treasury may declare to be analogous; and the said gratuities and pensions,

during those three years, if required by the Irish Government, retire from office, and on any such retirement may

therwise agreed, be given either by the said officer

time and at such intervals of time as the Treasury,

id three years a pension in accordance with the Fifth Schedule to this Act which sh

the Fifth Schedule to this Act shall be paid by the Treasur

ted Kingdom in pursuance of this section shall be

officers retained in the service of

r judicial position, or as an officer in the permanent civil service of the Crown other than in an office the holder of which is after the appointed day retained in the service of the Go

li

me to time established in Ireland in accordance with the Sixth Schedule to this Act, be gradually reduced and ultimately cease to ex

this Act shall require the Lord Lieutenant to cause either of the said forces to ce

hereof shall continue to receive the same salaries, gratuities, and pensions, and hold their appointments on the same tenure as heretofore, and tho

rovisions of the Sixth Schedule to this Act, the Treasury may aw

ble in respect of service in either force, shall be paid by the

this section out of the Exchequer of the United Kingdom s

ella

e otherwise provi

pply with the necessary modifications to the Exchequer and Consolidated Fund of Ireland, and an of

appropriation accounts in manner provided by the Exchequer and Aud

ll existing election laws relating to the House of Commons and the members thereof shall, so far as applicable, extend to each of the t

rs thereof shall be such as may be defined by Irish Act, but so that the same shall never exc

xcept such as either relate to matters beyond the powers of the Irish Legislature, or being enacted by Parliament after the passing of this Act may be expressly extended to Ireland. An Iris

or having the force of, an Act of Parliament, shall be de

r marriage of individuals, and any such Bill shall be introduced and

unty or borough or other area shal

rity from the Iri

e proper department of

hout such special

hich together with the then outstanding debt of the local authority, will exceed twic

th the then outstanding debt of the local authority, will exceed one-ten

s without a local inquiry held in the county, borough, or area

ory Pro

all not pass an Act respecting the relations of landlord and tenant, or the sale, purchase, or letting of land generally: Provided that nothing in this section

preme Court or other superior courts in Ireland (other than one of the Exchequer judges

ake or direct such arrangements as seem necessary or proper for setting in motion th

d eight hundred and ninety-four, and the first election of members of the two Houses of the Irish

embers for Dublin University, shall vacate their seats, and writs shall, as soon as conveniently may be, be issued by the Lord Chancellor of I

Division of the Supreme Court, or if they or either of them are or is dead or unable or unwilling to act, s

one year after the appointed day, that any existing enactment respecting matters

utive Government in Ireland, for Her Majesty in Council, a Secretary of State, the Treasury, the Postm

eys provided by the Irish Legislature for the Consolidated Fu

t to be done by or to, the Irish Legislature for confir

Her Majesty, by Order in Coun

ts, and liabilities, and the doing of such other things as may appear to Her Majesty nec

or provide for a transfer either unconditionally or subject to s

it is made, and such Order when made shall, subject as respects Ireland to the provisions of an Irish Act, have full effect, but shall not i

ative, or ministerial, and all existing taxes in Ireland shall continue as if this Act had not passed, but with the modifications necessary for

not more than seven months earlier or later as may be fixed by order of Her Majesty in Council either generally or with reference to any particular provision of thi

wise requires-The expression 'existing'

embers to serve in either House of the Irish Legislature, as the case requires, and the expression 'parliamenta

means a person entitled to be registere

lection' means the election of

d fees, and the expression 'duties of e

United Kingdom and sent to a place out of the United Kingdom, or posted in a place out of the United Kingdom and se

e' has the same meaning as in t

eable for or in respect of postal packets, money orders, or telegram

ct' means a law made by

tion of electors, and includes all the laws respecting the registration of electors, the issue and execution of writs, the creation of polling distr

means the annual rateable valu

includes remuneration, a

sion' includes supe

cited as the Irish G

edu

t Sc

ative

s And Number

encies C

count

h cou

t boro

w cou

coun

coun

cou

Ridin

Ridin

borou

l coun

count

count

borou

agh co

y cou

coun

e coun

ny cou

s cou

d Sligo co

ck cou

erry co

rd cou

coun

count

coun

an cou

s coun

mon co

ary co

e cou

ord co

ath co

d coun

w coun

ty-

this Schedule means an exi

h the county at large in which they are included for parliamentary elections,

l not for the purposes of this Schedu

d Sch

s In The Hou

mber of Members f

count

h cou

n divisions as men

w cou

coun

coun

divisions as men

borou

l coun

count

n cou

n divisions as me

agh co

count

borou

county

e coun

ny cou

ny bor

s cou

m coun

ck cou

ck bor

erry co

erry bo

rd cou

coun

count

coun

an cou

boro

s coun

mon co

coun

ry coun

count

ord co

rd boro

ath co

d coun

w coun

gh

ression 'borough' means an e

e returned by each of the existing parliamentary divisions of those borough

West Riding, and three members shall be elected by the East Riding, and two members shall be elect

d Sc

na

, Expenditure, And M

bil

his Act 'Imperial lia

t annual charge for the National Debt, and inclusive of the cost of the management of the said funded and unfunded

und of the United Kingdom for the repayment

end

ial expenditure consists of expen

expenditure (includi

penditure, t

list and R

s, allowances, and in

ieutenant

uer judges

sions, printing, stationery, allow

arlia

al Debt Com

nsular service, including secret service,

cluding special services

ivy Co

arine Fund, Patent Office, Railway Commission,

i)

eorologica

ve trade

phic communication with place

ve

a portion of which Ireland may claim to be entitl

res or payments o

dvances to for

ents by Britis

ived by departments, the expenses of whi

f the hereditary re

ores

nd Seventh Schedules are for

n

alth, by Rt. Hon.

Critical Period

Justice, a Un

Irish Govern

H., on the policy of

Hon. Arthur,

, Gustav

hn, on Fre

es, 26, American Co

ections on the Revo

Affairs and the Home

elf-governing

under Irish Gov

the financial clauses o

nd Free

n Act,

rning, see New Zeal

f, by Professor Dic

islature under Iris

, old and ne

21 et s

the Irish quest

d foundation and c

or, 132

s, decision of, under I

, laws as

der Irish Gove

nd the New Constit

, Law of the Constitu

n, Irish Nation

edicti

nt constitutio

Members at Westmins

00, 21

ments

ome Rule to,

ing Portugal a

o Home Rule,

constitu

f safety,

gainst Home Rule

138 n, 15

ty under Irish Go

oncord in

rali

le, 13 et s

on to Eng

n other countr

overnment Act, 27, 100

Period of Amer

Patric

and It

f Conco

itution o

Home Rule and Its A

federal

on the French

Home Rule, 26, 113,

ish Members at Westmin

nt, see

reland Bill, se

nstitution,

ssor, Swiss

stitution for the Un

he old constitu

ing featu

the Imperial Pa

sh Members in the Imperi

3, 200,

Government, 66 et

Veto

-103, 201-20

f the Irish quest

eralis

for, 132

ity fo

feguar

constitu

of, 152

of trust, 1

nary moveme

e Parliament Ireland, t

nstitution

Members in the Imperial

3, 200,

f Home Ru

overnment under Home

et s

h Parlia

and obligatio

Veto

il and the Cour

ment of the Irish q

e new constituti

parliamentary i

e Home Rule Question

ry under Home Ru

Execut

ent Act, see

its Analysis, by E.A

Parlia

n the House of Commons

218

nd Fran

President of the

er Home Ru

, Mr.

of England in the Ei

ity under Home Rul

ill compared with

nant, offic

effect of the Home Ru

Independent on the re

tice of the Supreme Court

informers' rece

Representative Gove

etary for Ireland, on re

ster, 39-4

administr

legislation setting

f-governing colony,

with Ir

n Catholic Bisho

l, compared with

Imperial, authority of

t s

lonies, 4

y of, 22

rish Members i

p to 17

Union, 5

ell,

Rule, 139

Park mur

Home Rule B

l telegraphs under Ho

cil and th

tion,

M.P., Home Ru

soned dynamit

, Dicey on

restrict

ernment, by John S

ligations in Home R

198

Members in House of

, 200,

Lord Jo

under Home Rul

n Home Rule Bill,

s, Ab

mple of successful

ght to im

rrection in,

entary Debate

n executive a

islation to set as

ladstone on Home Rule

113 n

the policy of

de, and the French

he polic

e policy for

Delusio

merica, division o

mpair the obligatio

e Legislature

the, 1

elessn

self-governi

ernment of, b

o

ven in the Bill is the Ir

ster, 1893 (New

ly pp. 39, 4

on. It brings the history of the Home Rule movement well up to date, and strengthens almost every

to the Bill as ordered to be printed by the House of Commons, February 17, 1893. A Leap in

lls, and must necessarily be true of any Bill which

verning colony; the position of Victoria has since 1900 been complicated by the

h ed.), ch. iii. pp. 136-140. Comp

o amend the provision for the government of Ireland' under its popular name

0

clau

1

t of Victoria. See Jenks, Government of Victoria, p. 236. Who can doubt that the Irish Legislature will, by an Irish Act, give itself the title of the Parliament of Ireland? I have therefore throughout these pages called the Irish Legislature the Irish Parliament. Few things are mo

2

lauses 19,

3

clause

4

clau

5

sion 'due process of law,' in clause 4, sub-clause (5). But this contention is, in my

6

, and note especially c

7

clause

8

se 12, sub

9

to legislate for Ireland will be most conveniently considered in the next chapter. In this chapter, be it noted, I am concerned only with the constitution as it is intended to work, and most Gladstonians will admit that as long as the Govern

0

be confined to Great Britain, were swept away by the Gladstonian majority before the Home Rule Bill was sent up to the House of Lords. The unfairness of giving to Ireland a Parliament intended to legislate on all, or nearly all, Irish affairs, and at the s

1

l, clau

2

lauses

3

men of common sense that there would be no capricious or vexatious interference by this Parliament with an action within the appointed sphere of the Parliament of Ireland. If such interference were attempted, the presence in this Parliament of

4

ew constitution to be subjected to at any rate a moral limit, the reader shoul

5

the main by experts. My remarks upon these arrangements refer almost exclusively to the way in which they may affect the working of the constitution. The inclusion of Ulster within the operation of the Bill and the refusal to give weight to the demand of Ulster that the Act of Union should not be touched, are of course matters of primary importance. They

6

reamble, and

7

hich are expressly extended to Ireland. Thus the Irish Parliament might, it is submitted, on the Home Rule Bill passing into law repeal the Criminal Law and Procedure (Ireland) Act, 1887, 50 & 51 Vict. c. 20. But if, after the Home Rule Bill passed into law, the Criminal Law and Procedure (Ireland) Act, 1887, were continued, or after its repeal by the Irish Parliament were re-enacted, by the Imperial Parliam

8

l be exerted in Ireland by the Imperial Parliament at Westminster. Irish Home Rulers, when addressing English electors, or the Imperial Parliament, often use language which resembles the phrases of their English allies. But assuredly Irish Home Rulers, when addressing Irishmen, or when collecting subscriptions fro

9

nguage of Mr. Redmond, Irish Independent, Feb. 17, and note that all the arguments for Home Rule drawn from its success or alleged success in the British Colonies im

0

mes Parliamentary

1

893, ibid.

2

, ibid. pp. 3

3

se 12, sub

4

n lay down his power, and so also can a Parliament. To argue or imply that because sovereignty is not limitable (which is true) it cannot be surrendered (which is palpably untrue) involves the confusion of two distinct ideas. It is like arguing that because no man can while he lives give up, do what he will, his freedom of volition, so no man can commit suicide. A sovereign power can divest itself of authority in two ways. It may put an end to its own existence or abdicate. It may transfer sovereign authority to another person, or body

5

elf-governing colony with all the immunities and disadvantages thereof, and should cease to be represented at Westminster, whilst the British Parliament retained the right to abolish, or modify, the Irish constitution. Such an arrangement would, however, make it perfectly plain that the sovereignty of the British Parliament meant in Ireland what the sovereignty of the Imperial Parliament now means in New Zealand. But 'the

6

e Home Rule policy of 1886 from the Home Rule policy of 1893, he uses (inter alia) these words: 'On the important subject of the retention of the Irish members I do not regard it, and I never have regarded it, as touching what may be called the principles of the Bill. It is not included in one of them. But whether it be a principle of the Bill or not, there is no question that it is a very weighty and, if I may say so, an organic deta

7

f Special Commis

8

sent up to the House of Lords, it wo

9

olitics depend upon federal politics. 'The national parties have engulfed the State parties. The latter have disappeared absolutely as independent bodies, and survive merely as branche

0

in

1

castle, The Times

2

Morley of

3

d as they contin

4

Home Rule Bill of 1893 by the change which retained eighty Irish members at Westminster with unrestricted powers of legislation. The tenor of his argument applies, I contend with confidence, to any

5

. 43,

6

peech, Times,

7

, Third

8

of Mr. Redmond expressed in th

9

se 9, sub-

0

be questioned otherwise than in each House in manner provided by the House,' is in reality a provision sanctioning the grossest unfairness. Its effect is that a British Bill passed solely by virtue of the Irish vote is, on its becoming an Act, goo

1

des that 'compliance with the provisions of this section shall not be q

2

. III.

3

, should remember that under that constitution there were in effect, though not in n

no Irish members, which was to legislate for Great Br

te for Ireland, but which was not to legislate for England, Scotland, or for any other part of

ctly, with the existing Parliament of the United Kingdom, and was intended to come together only on special occasions and for a special purpose, namely the revision o

y the Imperial Parliament retaining the power to legislate for Ireland, for even under that Bill the Imperial Parliamen

4

Delusions

5

et amongst us, Unionists and Gladstonians alike always heard with the respect

ither would dependent Ireland have representatives in the Parliament of Great Britain. I am unable to understand why this provision, which seemed so naturally to follow from the rest of the scheme, awakened so powerful an opposition among Mr. Gladstone's own supporters. I believe the Irish have no wish to appear in the British Parliament. They wish to manage their own affairs, and are ready to leave Great Britain to manage its own affairs and those of the "Empire" to boot. It is very hard to see in what character the Irish members are to show themselves at Westminster. If they may vote

the essential difference or opposition between the Hom

6

Bill 'an Executive Committee o

7

nited States, and in every State of the Union, the executive power is lodged in the hands of an official who is neither appointed nor removable by the Legislature. The same remark applies to the Executive of the German Empire. In Switzerland the Ministry, or Council of State, is indeed appointed, but is not removable by the Federal Assembly or Parliament. Arguments certainly might

8

ll, cl

9

ons of the feelings, the instincts, the opinions, and the religious convictions of an intensely Irish population as if they were inhabitants of another planet.' See The Times, April 3, 1893, p. 8, where a correspondent from Ireland purports to give the effect of a pamphlet by Dr. Nulty. The Bishop wrote, I supp

0

ll, 1893, clause

1

ecutive power, and in my judgment the Executive in Ireland is intended to be and must be dependent upon and responsible to the Irish Legislature in Irish affairs. But that does not in the least prevent the retention in the Crown of the executive govern

2

clau

3

ject to the control of the Lord Lieutenant as representing Her Majesty.' As to the military or naval forces of the Crown, the Bill contains no provision, but it cannot, it is submitted,

4

the Restrictions on its legisla

5

s in the Spectator of Feb

6

to the Restrictions placed on the powers of the Irish

7

iginal clause forbids the Irish Parliament to make any law in respect (inter alia) of 'naval or military forces or the defence of the realm.' The clause as amended by the House of Commons forbids the Irish Parliament to make any law in respect of '(3.) Navy, Army, Militia, Volunteers, and any other military forces, or the defence of the realm, or forts, or permanent military ca

8

sub-clause

9

lauses 3 and 4 the reader should study carefully t

0

ar that the Restrictions are in themse

aled by the Irish Parliament. But this statute of 1819 might easily be evaded, for by sec. 1 meetings for training and drilling may be allowed by any two Justices of the Peace. The Irish Executive might, and probably would, app

ords in United States Constitution, Amendments, art. 14, would of course have no legal authority in the United Kingdom, and there is a special reason why they often could not be followed. No process would (it is submitted) be considered in an Irish or British Court as n

compensation. Suppose, for example, Sir James Mathew and the commissioners who sat with him were constituted by an Irish Act a Court for determining what compensation should be given for the taking of certain property for public use, and the Act itself provided that just compensati

1

on, art. i

2

pril 18, 1893, Times

3

te at the last general election [i.e. of 1892], that the veto must of necessity be exercised under the control of the British Cabinet; an

4

utional, has worked injustice, might be of advantage. But in truth the parliamentary methods for enforcing the Restrictions or safeguards are utterly unreal; they do not repay examination; whether there be two sham modes of enforcement, or one, must be to a sensible man a matter of indifference. As to the disa

5

ontained in the Home Rule Bill, 1893, as to an appeal to the Privy Council, etc., are now of little direct importance, but they are worth study as showing the extreme difficulty of providing any satisf

6

ll, cl

7

hap. viii. pp. 231-250; Bryce, American Commo

8

e against Home Rule (

9

auses 19, 22, pp

0

se 19, sub

1

ormed, will need to be defined by a special Act of Parliament. There are special laws regulating the action of the Federal Judiciary both in the United States and in Swit

legal proceeding

r against the Treasury or Commissioners

n of members to serve in [

ot within the powers of

a law which the Irish Legislature

ub-clause deserve attention. My purpose, however, is not to criticise the details of the Home Rule Bill or to suggest amendments thereto. Its fundamental principle is, in the eyes of every Uni

2

's Case (3rd ed

3

Case (3rd ed.)

4

post), and compare same clause slightly amended, in

5

ced into the House of Commons, but they are less applicable to the Bill as amended, more or less in favour of Ireland, before the Bill was sen

6

s of the original Bill clauses 13, 14, 15, and 16 of the

7

eriod of American His

8

n the Financial Clauses of the Home Rule

9

clau

0

72 and 8

1

79, 80

2

lexis de Tocqu

3

no who had distinctly broken the law were more or less comforted or protected by the Liberal party in the Swiss Federal A

4

grant of ￡17,000,000 towards furthering land purchase; moreover to that end it has expressed its willingness to pledge its credit to the amount of ￡183,000,000 of which over ￡

5

amentary Debates, p. 354. No part of the

6

'Car

7

Se

8

1, 1893, Times Parliam

9

and when the day shall again come that we have a right to manage our own affairs, the sun may some day shine down upon England when we here in Ireland will have the opportunity of having vengeance upon

0

s Irish question, if we are asked to let peace reign where discord and hatred reign at present, there must be no victims-that if there is to be peace there must also be amnesty. I don't discuss the question of guilt or innocence. For the sake of argument I will say that there are some men in jail who are guilty. They must come out as well as the innocent, because their guilt is due to misgovernment in the past.'-Mr. Pierce Mahony, Irish Independent, April 5. See 'Notes on the Bill,' p. 423. 'There is no use in deceiving ourselves upon this matter; we would be fools if we thought that in the next few weeks, or within t

0

ntative Governmen

0

rate for the remodelling of the Treaty of Union. Note that Ireland would stand morally and logically in a stronger position if demanding Separation than when demanding a revision of the Act of Union. An example shows my meaning. A, B, and C form a partnership. A is by far the richest, and C by far the poorest of the firm. C finds the terms of partnership onerous. He may have a moral right to

0

. 22-3

0

ial cheers), or rather of the Empire?' (Opposition cheers).-Mr. Sexton, April 20, 1893, Times Parliamentary

0

8. The worst features of the method by which the Act of Union was carried would have been avoided had the English Parliament resumed the right to legislate for Ireland. The Treaty of Union depends on Acts both of the British

0

nted the necessary characteristics-I will not say of finality, because it is a discredited word-but o

0

Constitution, Contemporary

0

mmonwealth may take. In the present it can hardly remain; but before its final settlement it may be obliged to pass, as one of our poets says, "through great varieties

0

al considerations in its favour, see England's Case against Home Rule (3rd ed.), ch. iii. an

1

10, 1893, Times Parl

1

Now twenty-nin

1

eland, but with the alleged prosperity of Ireland under Grattan's Constitution. But in principle it applies to the point here discussed, and I venture to say that every page of Mr. Lecky's History of England in the Eighteenth Century

1

to London. At the end of the last or the beginning of this century a Lord Lieutenant was for weeks prevented by adverse winds from cro

1

Home Rule and its Analogies as an attempt to clear up our ideas as to the meaning of Home Rule. He, for instance, points out that the relations between Hungary and Austria do not constitute the

1

of their history. They were no more 'given' a constitution by England than, as most Frenchmen believe

1

olitical separation, happily

1

and's Case against Home Rule (3rd ed.), pp. 160-197, and

1

e of the Supreme Cour

1

n,' American State

2

chen Jahrbuch der Schweizerischen Eid

2

ith, and their attempted landing at Melbo

2

13, 1893, Times Parlia

2

nce between Gladstonians and Unionists was a difference in their judgment of character or of human nature. He touched I believe far

2

cial Commissi

2

pp. 53

2

pp. 11

2

ecial Commis

2

b

2

of the desertion of Parnell by the

3

ed to the crime of the landlords.'-Mr. Sexton, Ap

3

monwealth (1st ed.)

3

ibid. ii

3

oyez-moi, mon cher collègue, il faut toujours se fier au peuple." Je me rappelle que je lui répondis assez b

3

even to its condition in 1893. Home Rule will be carried, if at all, only by a House of Commo

3

xty-on

3

l. The Local Government Bill went very far, some persons may even maintain dangerously far, in creating and in extending the authority of local bodies in Ireland. But it was not Home Rule, or anything like Home Rul

3

119-12

3

was originally presented