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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..6833f05 --- /dev/null +++ b/.gitattributes @@ -0,0 +1,3 @@ +* text=auto +*.txt text +*.md text diff --git a/15572-8.txt b/15572-8.txt new file mode 100644 index 0000000..6b4e466 --- /dev/null +++ b/15572-8.txt @@ -0,0 +1,7484 @@ +The Project Gutenberg EBook of A Leap in the Dark, by A.V. Dicey + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: A Leap in the Dark + A Criticism of the Principles of Home Rule as Illustrated by the + Bill of 1893 + + +Author: A.V. Dicey + +Release Date: April 6, 2005 [EBook #15572] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK A LEAP IN THE DARK *** + + + + +Produced by Jonathan Ingram, Charlene Taylor and the Online +Distributed Proofreading Team at https://www.pgdp.net. + + + + + + + +FIRST EDITION _June_ 1893 +_Reprinted_ _June_ 1893 +SECOND EDITION _July_ 1911 +THIRD EDITION _January_ 1912 + + + + +A LEAP IN THE DARK + + +A CRITICISM OF THE PRINCIPLES OF +HOME RULE AS ILLUSTRATED BY +THE BILL OF 1893 + + + +By A.V. DICEY +K.C., HON. D.C.L. + +FELLOW OF ALL SOULS COLLEGE; FORMERLY VINERIAN PROFESSOR OF ENGLISH +LAW IN THE UNIVERSITY OF OXFORD; AUTHOR OF 'ENGLAND'S CASE AGAINST +HOME RULE,' 'THE VERDICT,' 'AN INTRODUCTION TO THE STUDY OF THE LAW +OF THE CONSTITUTION' + + +LONDON +JOHN MURRAY, ALBEMARLE STREET, W. +1912 + +TO IRISH UNIONISTS WHOSE NOBLE AND STRENUOUS DEFENCE OF THEIR OWN +RIGHTS AND LIBERTIES AS CITIZENS OF GREAT BRITAIN AND IRELAND WILL I +TRUST PRESERVE THE POLITICAL UNITY OF THE UNITED KINGDOM + + + + +PREFACE TO FIRST EDITION + + +This book is not a disquisition on the details of the Home Rule Bill. It +is an examination into the leading principles of the Bill with a view to +establishing two conclusions. The first is, that the Home Rule Bill, +though nominally a measure for the government of Ireland, contains in +reality a New Constitution for the whole United Kingdom. The second is, +that this New Constitution must work injury both to England and to +Ireland, and instead of 'closing a controversy of seven hundred years, +opens a constitutional revolution. The whole aim, in short, of the book +is by the collection together of arguments which separately have been +constantly used by Unionist statesmen, to warn the people of England +against a leap in the dark. + +A.V. DICEY. + +OXFORD: _May_ 1893. + + + + +CONTENTS + + +CHAPTER I +OLD AND NEW CONSTITUTION + +Home Rule Bill a New Constitution for United Kingdom, p. 1.--The present +constitution, p. 2: 1. Effective authority of Parliament throughout +United Kingdom, p. 2: Distinction between supremacy of Parliament in +United Kingdom and supremacy of Parliament in Colonies, p. 4: 2. Absence +of federalism, p. 6: The New Constitution, p. 8: 1. Abolition in Ireland +of effective authority of Imperial Parliament, ib.: 2. Introduction of +federalism, p. 13.--Features of federalism, p. 15: Restrictions on Irish +(State) Parliament, ib.: Imperial (federal) Parliament, ib.: Means for +enforcement of federal compact, ib.: Recognition of federal spirit, p. +17.--Importance of change in constitution, p. 19.--The New Constitution +an unknown constitution, p. 19. + + +CHAPTER II +THE NEW CONSTITUTION + +The four essential characteristics of the New Constitution, p. +21.--Supremacy of Parliament maintained, p. 22.--What is meaning of +supremacy of Imperial Parliament? p. 23: What it does not mean, ib.: +What it does mean, p. 24.--Real effect of reserved supremacy, p. +28.--Peril arising from ambiguity of supremacy of Parliament, p. +30.--Retention of Irish members at Westminster, p. 32.--Change of +Gladstonian opinion, p. 33.--Presence of the Irish members involves ruin +to Ireland, pp. 33, 34.--Mr. John Morley's opinion, p. 39.--Weakness of +England, p, 41. Mr. Morley's opinion, p. 41.--Manner in which England +weakened, p. 43: 1. Irish vote determines composition of British +Cabinet, ib.: 2. System of Cabinet Government destroyed, p. 45: 3. Irish +members changed into an Irish delegation, p. 46: 4. British Parliament +not freed from Irish questions, p. 47.--Inducements to accept plan, p. +48.--Maintenance of Imperial supremacy, p. 49.--English management of +English affairs, ib.--England does not really obtain management of +English affairs, ib.--Minority tempted to unfairness, p. 51.--Minority, +without intentional unfairness, may be oppressive, p. 52.--Plan of +retaining Irish members for all purposes, p. 53.--Comparison with power +hitherto held by or offered to Great Britain, p. 55.--Authority of +England before 1782, p. 55.--Authority of England under Grattan's +Constitution, p. 56.--Authority of England since the Union, p. +57.--Authority offered to England under Bill of 1886, p. 58.--Why should +England accept in 1893 a worse bargain than was offered her in 1886? p. +59: Two alleged reasons, p. 60: First reason, Retention of Irish members +concession to Unionists, p. 60: Futility of plea, ib.: Second reason, +England will not suffer any greater evil than she does at present, p. +63: Answer. Fallacy of statement, ib.--Explanation of Gladstonian +policy, p. 65.--Powers of Irish Government, p. 66: I. Irish Executive, +ib.: Importance of Executive, p. 68: Powers of Irish Executive, p. 68: +Position of military forces, p. 74: II. The Irish Parliament, p. 73: Its +power to appoint the Irish Government, ib.: Its legislative power, p. +76.--Legislation in opposition to English policy, p 78.--Power to pass +resolutions, p. 79.--The Restrictions, etc, p. 80: I. Their nature, ib.: +1. No restriction on power of Executive, p. 83: 2. No prohibition of +Acts of Indemnity, ib.: 3. No prohibition of _ex post facto_ law, p. 84: +4. No safeguard against violation of contract, p. 85: II. Enforcement of +Restrictions, p. 88.--The Veto, p. 88.--The Privy Council, p. 90.--Power +to nullify Irish Acts, ib.--Power as final Court of Appeal to treat +Irish Acts as void, p. 91.--How arrangement will work, p. +94.--Presumptions on which working of Constitutions depends false, p. +97: 1. Presumption that restrictions do not irritate, p. 98: Its +falsehood, ib.--Financial arrangements certain to cause discontent, p. +100.--The Customs, ib.--Charges in favour of England on Ireland, p. +102.--Irish objection to financial proposals, p. 103.--Presumption that +Ireland cannot nullify Restrictions. Its falsehood, p. 104.--Summary of +criticism, p. 110. + + +CHAPTER III +WHY THE NEW CONSTITUTION WILL NOT BE +A SETTLEMENT OF THE IRISH QUESTION + +New Constitution is intended to be final settlement of Irish Question, +p. 112: But will not settle Irish Question for three reasons, p. 113: I. +New Constitution does not satisfy Ireland or England, ib.: Ireland not +satisfied, ib.: New Constitution detested by influential minority, p. +114: Irish Home Rulers not wholly satisfied, p. 115: New Constitution +will cause discontent of whole Irish people, p. 118: England not +satisfied, p. 119: 2. New Constitution rests on unsound foundation, p. +121: Belfast subjected to Dublin, p. 122: England subjected to Ireland, +p. 123: 3. New Constitution based on ambiguity, p. 125.--The nature of +the ambiguity, ib.--The result of the ambiguity, ib. The New +Constitution cannot last, p. 127.--Irish discontent leading either to +Federation or Separation, p. 128.--English discontent threatens +reaction, p. 130. + + +CHAPTER IV +PLEAS FOR THE NEW CONSTITUTION + +Gladstonian apology, p. 132.--As to general considerations, ib.--General +Gladstonian objections, ib.: I. Strictures are prophecy, p. 133: 2. +Anomalies already exist in English Constitution, p. 135.--As to specific +arguments for Home Rule, p. 138.--Necessity, p. 138.--Argument for +necessity, ib.--Answer: argument invalid, 140.--Premises unsound, p. +141.--Premises do not support conclusion, p. 145.--No necessity for +Home Rule, ib.--True meaning of necessity forgotten, p. 146.--No danger, +p. 148: I. Safeguards, p. 149: Their unreality, ib.: 2. Grattan's +Constitution, ib.: No precedent, p. 150: 3. Success of Home Rule in +other countries, p. 152.--Instances of 'Home Rule' which need not be +considered, ib.--Cases of 'Home Rule' which require consideration, p. +154.--Federal Government, p. 155.--Colonial independence, p. +156.--Neither federal government nor colonial independence compatible +with the authority required in Ireland by Imperial Government, p. +157.--Weakness of law in case of federation, p. 158.--Weakness of law in +case of colonies, pp. 161, 162.--Policy of trust, p. 163.--Trust in +Irish leaders impossible, p. 164.--History of the Irish agitators, p. +164.--Gladstonian guarantee of trustworthiness worthless, p. 167.--Trust +in teaching of power, 169.--Answer. Fallacy exposed by Mr. Bryce, +ib.--Trust in the people and effect of Home Rule, p. 171.--Answer. +Political changes do not ensure content, pp. 171, 172.--Gladstonian +pleas are pleas for policy of Home Rule, but not pleas for new +Constitution, p. 173. + + +CHAPTER V +THE PATH OF SAFETY + +The impending danger, p. 175.--Peril concealed by trust in Mr. +Gladstone, ib.--Peril concealed by peculiar condition of opinion, p. +178.--The path of safety and true policy, p. 180.--Policy of +seriousness, ib.--Seriousness of question at issue, ib.--Danger of civil +war, p. 181.--Policy of simplicity, p. 183.--Strenuous opposition to +Bill, ib.--Cry of obstruction futile, p. 184.--Details not to be made +too prominent, p. 185.--No appearance of concession allowable, p. +186.--Policy of appeal to the nation, p. 187.--House of Lords must +ensure dissolution, ib.--House of Lords may be called upon to enforce +Referendum, p. 188.--Conclusion, p. 191. + + +APPENDIX + PAGES + +GOVERNMENT OF IRELAND BILL 195-223 + ARRANGEMENT OF CLAUSES 195, 196 + + 1. Establishment of Irish Legislature, p. 197--2. Powers of Irish + Legislature, ib.--3. Exceptions from powers of Irish Legislature, + ib.--4. Restrictions on powers of Irish Legislature, p. 198.--5. + Executive power in Ireland, ib.--6. Composition of Irish + Legislative Council, p. 199.--7. Composition of Irish Legislative + Assembly, ib.--8. Disagreement between two Houses, how settled, p. + 200.--9. Representation in Parliament of Irish counties and + boroughs, ib.--10. As to separate Consolidated Fund and Taxes, p. + 201.--11. Hereditary revenues and income tax, p. 202.--12. + Financial arrangements as between United Kingdom and Ireland, p. + 203.--13. Treasury Account (Ireland), ib.--14. Charges on Irish + Consolidated Fund, p. 204.--15. Irish Church Fund, p. 205.--16. + Local loans, ib.--17. Adaptation of Acts as to Local Taxation + Accounts and Probate, etc., duties, ib.--18. Money bills and votes, + p. 206.--19. Exchequer judges for revenue actions, election + petitions, etc., ib.--20. Transfer of post office and postal + telegraphs, p. 207.--21. Transfer of savings banks, p. 208.--22. + Irish appeals, p. 209.--23. Special provision for decision of + constitutional questions, ib.--24. Office of Lord Lieutenant, p. + 210.--25. Use of Crown lands by Irish Government, ib.--26. Tenure + of future judges, ib.--27. As to existing judges and other persons + having salaries charged on the Consolidated Fund, ib.--28. As to + persons holding civil service appointments, p. 211.--29. As to + existing pensions and superannuation allowances, p. 212.--30. As to + Police, ib.--31. Irish Exchequer Consolidated Fund and Audit, p. + 213.--32. Law applicable to both Houses of Irish Legislature, + ib.--33. Supplemental provisions as to powers of Irish + Legislature, ib.--34. Limitation of borrowing by local authorities, + p. 214.--35. Temporary restriction on powers of Irish Legislature + and Executive, ib.--36. Transitory provisions, ib.--37. Continuance + of existing laws, courts, officers, etc., p. 216.--38. Appointed + day, ib.--39. Definitions, ib.--40. Short title, p. 217. + + +SCHEDULES 218-223 + +1. Legislative Council 218 +2. Irish Members in the House of Commons 220 +3. Finance 222 + + + + +INTRODUCTION + + +Irish Unionists have pressed for a republication of _A Leap in the +Dark_. They hold that it will be of some service in their resistance to +the Coalition of Home Rulers, Socialists, and Separatists formed to +force upon the people of England and of Scotland a virtual dissolution +of the Union between Great Britain and Ireland. It would in any case +have been a pleasure to afford aid, however small, to the Irish +Unionists, whether Protestants or Catholics, engaged in the defence at +once of their own birthright and of the political unity of the United +Kingdom. Yet for a moment I doubted whether the republication of a +forgotten criticism of a forgotten Bill would be of essential service to +my friends. On reflection, however, I have come to see that, though the +Unionists of Ireland probably overrate the practical value of my book, +yet their hope of its serving the cause whereof they are the most +valiant defenders is based on sound reasons. + +_A Leap in the Dark_ is a stringent criticism of the Home Rule Bill, +1893.[1] But the book has little to do with the details and intricacies +of that Bill. _A Leap in the Dark_ was published before the Home Rule +Bill of 1893 had reached the House of Lords, or had assumed that final +form, which made patent to the vast majority of British electors that a +measure which purported to give a limited amount of independence to +Ireland, in reality threatened England with political ruin. My criticism +is therefore in truth an attack upon the fundamental principles of Home +Rule, as advocated by Gladstone and his followers eighteen years ago. +These principles, moreover, have never been repudiated by the Home +Rulers of to-day. Some members of the present Cabinet, notably the Prime +Minister and Lord Morley, were the apologists of the Bill of 1893. In +that year _A Leap in the Dark, or Our New Constitution_, was, I venture +to say, accepted by leading Unionists, such as Lord Salisbury, the Duke +of Devonshire, Mr. Balfour, Mr. Chamberlain, Sir Henry James (now Lord +James of Hereford), as, in the main, an adequate representation of the +objections which, in the judgment of such men and thousands of +Unionists, were fatal to the acceptance of any scheme whatever of Home +Rule for Ireland. The battle over Home Rule lasting, as it did for +years, and ending with the complete victory of the Unionists, has been +forgotten by or has never become known to the mass of the present +electors. It is well that they should be reminded of the solid grounds +for the rejection by the Lords of the Home Rule Bill of 1893. It is well +that they should be reminded that this rejection was in 1895 ratified by +the approval of the electorate of the United Kingdom _A Leap in the +Dark_ will assuredly remind my readers that in 1893 the hereditary House +of Lords, and not the newly elected House of Commons, truly represented +the will of the nation. This is a fact never to be forgotten. It is of +special import at the present moment. Another equally undoubted fact +deserves attention. Home Rulers themselves despair of carrying a Home +Rule Bill until they shall have turned the Parliament Bill into the +Parliament Act, 1911, and my readers ought never to forget that the +passing of the Parliament Bill into law destroys, and is meant to +destroy, every security against the passing of any Home Rule Bill +whatever which the present majority of the House of Commons choose to +support. This gives an ominous significance to the obstinate refusal of +the Government to alter or amend any of the material enactments +contained in this ill-starred measure. _A Leap in the Dark_, combined +with a knowledge of the Parliament Bill and the legislative dictatorship +with which it invests the existing Coalition, suggests at least four +conclusions which must at all costs be forced at this moment upon the +attention of the nation. They may be thus summed up: + + _First_.--If the Parliament Bill passes into law the existing + majority of the House of Commons will be able to force, and will + assuredly in fact force, through Parliament any Home Rule Bill + whatever (even were it the Home Rule Bill of 1893), which meets + with the approval of Mr. Redmond, and obtains the acquiescence of + the rest of the Coalition. + + The Coalition need not fear any veto of the House of Lords. There + will be no necessity for an appeal to the electors, or in other + words to the nation. The truth of this statement is indisputable. + The legal right of the majority of the House of Commons to pass any + bill whatever into law, even though the House of Lords refuse its + assent, is absolutely secured by the very terms of the Parliament + Bill. That the leaders of the Coalition, such as Mr. Asquith, the + Chancellor of the Exchequer, and Mr. John Redmond, will press their + legal right to its extreme limits is proved to any man who knows + how to read the teaching of history, by the experience of 1893. Mr. + Gladstone used every power he possessed, and used it + unscrupulously, to drive a Home Rule Bill through the House of + Commons. He was a man trained in the historical traditions of + Parliament. He assuredly did not relish the use of the closure and + the guillotine. He was supported in the Commons by a very narrow + majority, never I think exceeding forty-eight, and often falling + below that number. The power of the party system, or as Americans + say, the "Machine," was admittedly much less in 1893 than it has + become in 1911. Yet Mr. Gladstone used such power as he possessed + to the utmost. He hurried through the House of Commons a Bill + which had not in fact received the assent of the nation. He made + the freest use of every device for curtailing freedom of debate. A + large and most important portion of the Home Rule Bill was not + discussed at all in the Commons. And this Bill contained + provisions, not appearing in its original form, for the retention + of eighty Irish members at Westminster with full authority to take + part in every kind of legislation which might be laid before + Parliament; though Mr. Gladstone himself held the fairness to + England of this provision dubious[2] and Mr. (now Lord) Morley had + in 1886 demonstrated by reasoning which to my mind is absolutely + conclusive that under a system of Home Rule the presence of Irish + representatives in the Imperial Parliament at Westminster would + work fatal injury to Ireland and gross injustice to England.[3] Can + any man able to draw from political precedents their true meaning + believe that Mr. Asquith, and the allies who are his masters, will + be more scrupulous in forcing the next Home Rule Bill through the + House of Lords than was Mr. Gladstone in forcing the Home Rule Bill + of 1893 through the House of Commons? Mr. Asquith is supported by a + large though incongruous majority. His almost avowed aim in pushing + the Parliament Bill, unchanged and unchangeable, through the Houses + of Parliament is to force the Home Rule Bill on the people of Great + Britain against their will. Hesitation to make use of this + dictatorial authority, should he ever obtain it, will to himself + mean political ruin; to his English supporters it will seem + political pusillanimity; by his Irish confederates it will be + denounced as breach of faith and treachery. As certainly as night + follows day the passing of the Parliament Act will be succeeded by + the attempted passing of a Home Rule Act. + + _Secondly_.--Mr. Redmond and the Home Rulers, or Separatists, of + whom he is the leader, will exact under any Home Rule Bill of say + 1912 or 1913, at lowest, every advantage which was demanded by + Irish Nationalists in 1893. + + Why, in the name of common sense, when Irish Nationalists are + absolute masters of the situation, should they demand lower payment + for their support than was offered to them twenty years ago when + the Home Rule majority was every day losing strength, when every + one knew that nothing but the show of moderation gave the slightest + chance of a Home Rule Bill escaping the veto of the House of Lords, + when every one, except perhaps Mr. Gladstone, foresaw that the next + General Election would give to Unionists a crushing majority? Every + advantage conceded in 1893 to Irish Separatists at the expense of + England will assuredly reappear in one form or another in the next + Home Rule Bill. Thus Ireland will, we may anticipate, under the + next Home Rule Bill send to the Parliament at Westminster at least + eighty members armed with the fullest legislative authority, so + that, to revive the language current eighteen years ago, Ireland + will govern and tax England whilst England will retain no right + either to govern or to tax Ireland. + + _Thirdly_.--Every question to which in 1893 Gladstonians could + discover no answer satisfactory to Unionists or to the electorate + of Great Britain requires an answer in 1911 as much as in 1893. The + answer favourable to Home Rule has not as yet been discovered. + + Is it possible to combine the effective supremacy of the Imperial + Parliament with Home Rule or the substantial legislative + independence of Ireland? Can Ireland, close to the shore of Great + Britain, occupy the position of a self-governing colony, such as + New Zealand, divided from Great Britain by thousands of miles of + sea? Is it possible to create, or even to imagine, a Court which + shall decide whether a law passed by the Irish Parliament violates + the provisions of the proposed Home Rule Act? Above all, can the + wit of man devise any scheme of constitution which shall at once + satisfy the aspirations of Irish Nationalism and the patently just + demand of Ulster that Protestants shall retain the freedom and the + rights secured to them as citizens of the United Kingdom? Is there + any form of Home Rule which will satisfy the desire of Irish + Nationalists for something approaching national independence + without the urgent peril of rousing civil war between Ulster and + the Parliament at Dublin? All these inquiries, and others like + them, harassed the Parliament of 1893; they were all answered by + Unionists, that is by the majority of the British electors, with a + decided negative; they will all be raised and will all need an + answer when the leaders of the Coalition condescend to produce + their next Home Rule Bill or even to reveal its fundamental + principles. + + _Fourthly_.--England in the circumstances of to-day is threatened + with two perils which did not exist in 1893, and yet are of + stupendous gravity. + + The first is, that in the case of a measure of Home Rule the + opportunities for discussing its provisions which are contained in + the Parliament Bill may turn out nominal rather than real. It is + not at all certain that for such a Bill, even though it be abhorred + by the electorate of the United Kingdom, the House of Lords will be + practically able to secure the delay and elaborate discussion to + which Mr. Asquith professedly attaches immense importance. + Unionists will believe that the measure passed by a large majority + of the House of Commons is detested by the majority of the British + electors. But how will it be possible to carry on the government of + Ireland, to maintain order, or to save a loyal minority from gross + oppression after a Home Rule Bill applauded by Separatists has been + passed through the House of Commons, and for the first time has + been rejected by the House of Lords? Every official in Ireland, + down from the Lord Lieutenant to the last newly appointed member of + the Irish Constabulary, every Irishman loyal or disloyal, will know + that the Bill will within a year or two become law and that Irish + Nationalists will control the Parliament and the government of + Ireland. Will not the House of Lords be urged by every alleged + consideration of good sense and humanity to close without delay a + period of uncertainty which is threatening to turn into a reign of + anarchy or of terror? The question supplies its own answer. The + second peril is one whereof nobody speaks, but which must occur to + any man who has studied the history of the past eighteen years or + reflects upon the condition of public opinion. The peril, to put + the matter plainly, is that Home Rulers will not stop at attaining + Home Rule for Ireland, and that they may, and probably will, + attempt to undermine the political predominance of England. + Everything points in this direction. The agitation for Home Rule + has fostered in Ireland, and to a very limited extent in certain + other parts of the United Kingdom, a feeling approaching to + jealousy of English power. England or Great Britain is the + predominant partner. England is wealthy, England is prosperous. + England, as the language of common life imports, is the leading + member of the United Kingdom. Lord Rosebery announced with wise + foresight that Home Rule in Ireland could hardly be established + with benefit to the United Kingdom until the assent thereto of the + predominant partner had been obtained by force of argument. The + idea was grounded on common sense. Will it not suggest to Irish + Nationalists that their moment of authority must be used for + obtaining far greater privileges for Ireland than the extravagant + political power offered by Gladstonians in 1893? Is it not natural + for Home Rulers to think that the predominant partner ought to be + deprived of his predominance? The conduct of the Coalition and some + of its leaders points in this direction. They will have obtained + through the Parliament Act temporary, but strictly unlimited and + dictatorial, power. They will have obtained it by intrigue; they + have rejected and treated with scorn the idea of an appeal to the + people. They have claimed, not for Parliament but for the existing + House of Commons, an absolute legislative power superior to that of + the nation, a power which I assert with confidence is not possessed + by the elected Assemblies of the United States, or of the French + Republic, or of the Swiss Confederation: And by a strange + combination of circumstances one method for depriving the + predominant partner of legitimate authority may seem to a Home + Ruler to lie near at hand. Raise the cry of 'Home Rule all round,' + or of 'Federalise the British Empire.' Turn England into one State + of a great federation, let Wales be another, Scotland a third, the + Channel Islands a fourth, and for aught I know the Isle of Man a + fifth. Let the self-governing Colonies, and British India, send + deputies to the Imperial or Federal Parliament. You may thus for a + moment, under the pretence of uniting the Empire, not only divide + the United Kingdom, but deprive England or Great Britain, in form + at least, of that political supremacy and predominance which is the + real bond of union and peace not only throughout the United + Kingdom, but also throughout the length and breadth of the British + Empire. I do not tremble for the power--the lawful and legitimate + power--of England. Political devices, however crafty, break down + whenever they are opposed to the nature of things. I know that + unity is increasing throughout the Empire not through the cunning + or the statecraft of politicians, but through the whole course of + events. One part of our Imperial system becomes daily under the + effect of railways, steamers, telegraphs, and the like, nearer and + nearer to every other part. The sentiment of unity which is more + valuable than any law aiming at formal federation each year gains + strength. What I do fear and insist upon is the danger that a + legislative dictatorship conferred on a party, and therefore + necessarily taken away from the nation, should be employed in the + attempt, vain though it ultimately must be, to deprive the + predominant partner of a predominance requisite for the maintenance + both of the United Kingdom and of the British Empire. + +The four reflections at any rate which may be suggested by _A Leap in +the Dark_ are well worth the consideration of the loyal citizens of the +United Kingdom. + +A.V. DICEY. + +FOOTNOTES: + +[1] Its technical title as given in the Bill is the Irish Government +Act, 1893. + +[2] See _Annual Register_, 1893 (New Series), p. 180. + +[3] See especially pp. 39, 40, 41-43 _post._ + + + + +A LEAP IN THE DARK[4] + +FOOTNOTES: + +[4] My readers are earnestly recommended to study Mr. Cambray's _Irish +Affairs and the Home Rule Question_. It brings the history of the Home +Rule movement well up to date, and strengthens almost every argument +against Home Rule to be found in _A Leap in the Dark._ The notes in +square brackets are new. + + + + +CHAPTER I + +OLD AND NEW CONSTITUTION + + +The Home Rule Bill[5] contains a New Constitution for the whole United +Kingdom.[6] + +The Bill bears on its face that its object is 'to amend the provision +for the Government of Ireland'; it is entitled 'The Irish Government +Act, 1893'; it is in popular language known as the Home Rule Bill. But +all these descriptions are misleading. It is in truth a measure which +affects the government alike of England, of Scotland, and of Ireland. +It changes, to some extent the form, but to a far greater extent the +working, and the spirit of all our institutions. It is a bold attempt to +form a new constitution for the whole United Kingdom; it subverts the +very bases of the existing constitution of England. + +The present constitution of the United Kingdom is marked and has long +been marked by two essential characteristics, the one positive and the +other negative. + +The positive characteristic is the absolute and effective authority of +the Imperial Parliament throughout the length and breadth of the United +Kingdom. + +To this characteristic Englishmen are so accustomed that they hardly +recognise its full importance. A government may make its power felt in +three different ways--by the action of the Executive, including under +that head all the agents of the Executive, such as the judiciary and the +armed forces--by legislation--and by the levying of taxes. Take any of +these tests of authority, and it will be found that the British +Parliament is not only theoretically, but actually and effectively, +supreme throughout the whole of Great Britain and Ireland. The Cabinet +is virtually appointed by the Houses of Parliament; the army, the +judges, the magistracy, all officials who throughout the country +exercise executive power in any form whatever are directly or indirectly +appointed by Parliament, and hold office subject to the will of +Parliament Of the legislative authority of Parliament as regards the +United Kingdom it is scarcely necessary to speak. Any law affecting the +United Kingdom not only lawfully may, but can in fact, be changed by the +Imperial Parliament. Of the unlimited legislative authority ascribed to, +and exercised by, Parliament in the United Kingdom the Home Rule Bill +itself is sufficient evidence; and the Gladstonian Ministry, at any +rate, see no reason why Parliament should not within the course of a few +weeks remodel the fundamental laws of the realm. The right to impose +taxes is historically the source of Parliamentary power, and in all +matters of taxation Parliament has absolute freedom of action from one +end of the United Kingdom to the other; whether the income tax is to be +lowered, raised, or abolished, whether some new duty, such as the cart +and wheel tax, shall be imposed, whether the United Kingdom shall +maintain free trade, or return to protection, how taxes shall be raised +and how they shall be spent--all matters in short connected with revenue +are throughout the United Kingdom determined and determinable in the +last resort by Parliament alone. + +Hence, as things now stand, no kind of governmental action in any part +of Great Britain and Ireland escapes Parliamentary supervision. The +condition of the army, the management of the police, the misconduct of +a judge, the release of a criminal, the omission to arrest a defaulting +bankrupt, the pardon of a convicted dynamiter, the execution of a +murderer, the interference of the police with a public meeting, or the +neglect of the police to check a riot in London, in Skye, or in +Tipperary, any matter, great or small, with which the executive is +directly or indirectly concerned, is, if it takes place in any part of +the United Kingdom, subject to stringent and incessant Parliamentary +supervision, and may, at any moment, give rise to debates on which +depend the fate of ministries and parties. If there be such a thing as +supreme actual and effective authority, such authority is throughout the +whole of the United Kingdom exercised by the Imperial Parliament, not +occasionally and in theory, but every day and in the ordinary course of +affairs. + +This exertion of actual and effective power by the Imperial Parliament +throughout the United Kingdom is a totally different thing from the +supremacy or sovereignty exercised by Parliament throughout the whole +British Empire. As a matter of legal theory Parliament has the right to +legislate for any part of the Crown's dominions. Parliament may lawfully +impose an income tax upon the inhabitants of New South Wales; it may +lawfully abolish the constitution of the Canadian Dominion, just as some +years ago it did actually abolish the ancient constitution of Jamaica. +But though Parliament does in fact exert a certain, or rather a very +uncertain, amount of power throughout the whole Empire, we all know that +the Imperial Parliament neither exercises, nor claims to exercise, in a +self-governing colony such as New Zealand,[7] that kind of effective +authority which Parliament exercises in the United Kingdom. The Cabinet +of New Zealand is not appointed at Westminster; the action of a New +Zealand Ministry as regards the affairs of New Zealand is not controlled +by the English Government. Not a pennyworth of taxation is imposed on +the inhabitants of New Zealand, or of any colony whatever, by the +Imperial Parliament. Even the imposition of customs, though it has an +important bearing on the interest of the Empire, is in a self-governing +colony determined by the colonial, and not by the British, Parliament. +It is the Parliament of New Zealand, and not the Parliament of England, +which governs New Zealand. The Imperial Parliament, though for Imperial +purposes it may retain an indefinite supremacy throughout the British +Empire, has, as regards self-governing colonies, renounced, for all +other than Imperial purposes, executive and legislative functions. To +labour this point may savour of pedantry. But the distinction insisted +upon, whilst often overlooked, is of extreme importance. We risk being +deceived by words. The Imperial Parliament is supreme in the United +Kingdom, it is also supreme in New Zealand. But the supremacy of the +Imperial Parliament is a misleading expression; it means one thing in +the United Kingdom, and another thing in New Zealand or in Canada. In +the United Kingdom it means the exercise of real, actual, effective and +absolute authority. In New Zealand it means little more than the claim +to regulate matters of a distinctly and exclusively Imperial character. +The distinction is vital. The essential feature of the English +constitution is the actual and direct government of the whole United +Kingdom by the Parliament at Westminster. No change could be more +fundamental than a change which, in England, Scotland, or Ireland, +reduced this actual authority to the ultimate or reserved sovereignty +exercised, or rather claimed, by Parliament in Canada or in New Zealand. + +The negative characteristic of the English constitution is the absence +of federalism or of the federal spirit. + +The spirit of institutions is as important as their form, and the spirit +of English Parliamentary government has always been a spirit of unity. + +The fundamental conditions of federal government are well known. They +are first the existence of States such as the Cantons of Switzerland or +the States of Germany, which are capable of bearing in the eyes of their +inhabitants an impress of common nationality, and next the existence +among the inhabitants of the federalised country of a very peculiar +sentiment, which may be described as the desire for political union +without the desire for political unity.[8] This condition of opinion +leads to a division of powers between the federal or national government +and the States. Whatever concerns the nation as a whole is placed under +the control of the federal power. + +All matters which are not primarily of common interest remain in the +hands of the States. Now each of these conditions upon which federalism +rests has, as a matter of history, been absolutely unknown to the people +of England. In uniting other countries to England they have +instinctively aimed at an incorporative not at a federal union. This +absence of the federal spirit is seen in two matters which may appear of +subordinate, but are in reality of primary, consequence. Every member of +Parliament has always stood on a perfect equality with his fellows; the +representatives of a county or of a borough, English members, Scottish +members, Irish members, have hitherto possessed precisely equal rights, +and have been subject to precisely the same duties. They have been sent +to Parliament by different places, but, when in Parliament, they have +not been the delegates of special localities; they have not been English +members, or Scottish members, or Irish members, they have been simply +members of Parliament; their acknowledged duty has been to consult for +the interest of the whole nation; it has not been their duty to +safeguard the interests of particular localities or countries. Hence +until quite recent years English parties have not been formed according +to sectional divisions. There has never been such a thing as an English +party or a Scottish party. Up to 1832 the Scottish members were almost +without exception Tories; since 1832 they have been for the most part +Liberals or Radicals; they have kept a sharp eye upon Scottish affairs, +but they have never formed a Scottish party. The same thing has, to a +great extent, held good of the Irish members. The notion of an Irish +party is a novelty, and in so far as it has existed is foreign to the +spirit of our institutions. Hence further, the Cabinet has been neither +in form nor in spirit a federal executive. No Premier has attempted to +constitute a Ministry in which a given proportion of Irishmen or +Scotchmen should balance a certain proportion of Englishmen. English +politicians have as yet hardly formed the conception of an English +party. Not a single Prime Minister has claimed the confidence of the +country on the ground that his colleagues were, or were not, English, +Scottish, or Irish. That a Premier should glory in his pure Scottish +descent is an innovation; it is an innovation ominous of revolution; it +betrays a spirit of disintegration. If at the moment it flatters +Scottish pride, Scotchmen and Irishmen would do well to recollect that +it is a certain presage of a time when some Englishman will rise to +power and obtain popular support on the ground of his staunch English +sympathies and of his unadulterated English blood. + +Now place the new constitution side by side with the old. Assume, as I +do assume throughout this chapter, that our new Gladstonian policy works +in accordance with the intentions of its authors. + +The new constitution abolishes in Ireland the actual and effective +control and authority of the Imperial Parliament. + +The government of Ireland is under the Home Rule Bill[9] placed in the +hands of an executive authority, or, in plain terms, a Cabinet, +undoubtedly to be appointed by the Irish Legislature, in the same sense in +which an English Cabinet is appointed by the British Parliament, or a +New Zealand Cabinet is appointed by the Parliament of New Zealand.[10] +For the first time in the whole course of history the administration of +Irish affairs is placed in the hands of an Irish Ministry, in the +selection of which the Imperial Parliament has no hand or concern +whatever. Mr. McCarthy, Mr. Healy, Mr. Redmond, Mr. Davitt, any leader, +known or unknown, loyal or disloyal, who commands the confidence of the +Irish Legislature, or, as I will venture to term it, the Irish +Parliament,[11] will naturally become the Premier of Ireland, and, +together with his colleagues, will possess all the authority which +belongs to a Parliamentary Executive. On the action of this Irish +Cabinet the Bill places, with rare exceptions, either no restrictions at +all or restrictions which are only transitory.[12] Speaking generally, +we may lay down that, except as to the control of the army, if that be +an exception, the Irish Cabinet will, when the constitution gets into +full working order, occupy in Ireland the position now occupied by the +British Cabinet in regard to the whole United Kingdom. The appointment +of officials, the conduct of Irish affairs, all the ordinary functions +of government will, with certain exceptions meant for the most part to +protect the rights of the Imperial Parliament, be exercised by Irish +Ministers responsible to the Irish Parliament; and the British or +Imperial Parliament will, in the ordinary course of things, have no more +to do with the administration of affairs in Ireland than it has to do +with the administration of affairs in New Zealand. The Irish, not the +British, Cabinet will decide what are the steps to be taken for the +protection throughout Ireland of the rights of property or of personal +liberty; the Irish and not the English Cabinet will determine by what +means the payment of rent is to be enforced; the Irish and not the +English Cabinet will decide what persons are to be prosecuted for crime; +the Irish and not the English Cabinet will determine whether the means +for enforcing the punishment of crime are adequate, and whether +Ireland, or some part of Ireland, say Belfast, requires to be governed +by means of a Coercion Act; the Irish and not the English Cabinet will +decide with what severity wrong-doers are to be punished, and whether, +and under what circumstances, convicted criminals deserve either pardon +or mitigation of punishment. + +It is patent that under the new constitution the Irish Parliament and, +under ordinary circumstances, the Irish Parliament alone will legislate +for Ireland. For the Irish Parliament can, subject to certain +Restrictions,[13] pass any law whatever 'for the peace, order and good +government of Ireland, in respect of matters exclusively relating to +Ireland or some part thereof'[14]; and, subject to the same +Restrictions, may repeal any law which, before the Home Rule Bill +becomes law, is in force in Ireland. Under the new constitution the +Irish Parliament and not the Imperial Parliament will, it is clear, as a +rule legislate for Ireland. Under the new constitution the Irish +Parliament may enact a Coercion Act, applying say to Ulster, or may +repeal the existing Crimes Act. It may abolish trial by jury[15] +altogether, put any restraints it sees fit on the liberty of the press, +or introduce a system of administrative law like that which exists in +France, but is totally foreign to English notions of jurisprudence. + +Under the new constitution, again, the financial relations of Great +Britain and Ireland are made the subject of an elaborate arrangement +which may fairly be called a contract[16]. Ireland takes over certain +charges[17], and speaking very generally, whilst all the duties of +customs levied in Ireland are collected by and paid over to the +Exchequer of the United Kingdom, as Ireland's contribution to Imperial +expenditure, all the other taxes are, as a general rule, paid over to +the Irish Exchequer. The justice or the policy of these financial +arrangements is for my present purpose immaterial. All that need be +observed is that the ordinary taxation of Ireland passes from the hands +of the Imperial Parliament into the hands of the Irish Parliament, and +that under the new constitution this arrangement is a settlement which +the Imperial Parliament is morally bound to respect for a period of at +least fifteen years[18]. + +In Ireland therefore the new constitution abolishes the effective +exercise of authority by the Imperial Parliament in matters of +administration, in matters of legislation, in matters of finance; every +concern which affects the daily life of Irishmen will be under the +control of the Irish Cabinet and the Irish Parliament. The relation of +the Imperial Parliament towards Ireland will not be the relation which +it now occupies towards the whole United Kingdom, and which under the +new constitution it will still occupy towards Great Britain. The +Imperial Parliament, it is true, retains considerable reserved powers; +what are the effect and nature of these powers shall be considered in +its due place. The matter upon which I now insist is simply this: the +new constitution does in any case transfer the effective government of +Ireland from the Imperial Parliament to the Irish Parliament. The +authority reserved to the Imperial Parliament may be termed supremacy, +or sovereignty, or may be described by any other fine-sounding name +which we are pleased to use, but the fact remains unaltered that, as +long as the new constitution stands and works, the Imperial Parliament +will not govern Ireland in the sense in which it governs England and +Scotland, and that such authority as it exerts in Ireland will be +analogous not to the power which it now exercises there, but to the +influence which it possesses in Canada or in New Zealand.[19] + +The new constitution is at bottom a federalist or semi-federalist +constitution; it introduces into English institutions many of the forms +of federalism and still more of its spirit. + +The Parliament sitting at Westminster becomes for the first time a +Federal Congress. + +Of its members, 567 will represent Great Britain; 80 will represent +Ireland. The exact numbers are for the present purpose insignificant. +The serious matter is that the Imperial Parliament undergoes an +essential change of character. The British members will have, or are +intended to have, no concern with the government of Ireland. The Irish +members ought to have nothing to do with the government of Great +Britain. On Imperial subjects the Imperial Parliament, or, to call it by +its proper name, the Federal Congress, votes as a whole; on Irish +subjects it does not vote at all; on British topics its British members +only vote. The British and the Irish members, in short, alike represent, +though in a very clumsy fashion, the States of a Confederacy. Though the +fact be artfully concealed, we have under the new constitution already, +in germ at least, a British State and an Irish State, a British +Parliament and an Irish Parliament, and a third body consisting of these +two Parliaments, which is the Imperial or Federal Parliament.[20] + +The different features of federalism make their appearance though under +strange forms. + +The constitution imposes Restrictions on the powers of the State +Governments and of the Federal Government. + +This appears unmistakably in the limitations placed upon the authority +of the Irish Parliament. + +These Restrictions, be they wise or unwise, politic or impolitic, are +perfectly in keeping with the constitutional arrangements of a Federal +Government, but are absolutely unknown to the theory and practice of +English parliamentary government. + +The powers of the Imperial Parliament, it may be said, are under the new +constitution subject to no limitations. In words this assertion is true, +in substance it is false. If the constitution works properly the +Imperial Parliament will clearly be subject to the terms of the +Government of Ireland Act, 1893, or, in other words, of the Federal +Constitution. This subjection is not absolute; it is moral, not legal, +still it exists. A breach of the federal compact will be no light +matter. + +The constitution again, as one would expect under a federal scheme, +provides for the enforcement of the compact. + +In the case of Ireland this is manifest. The royal veto,[21] the power +of the Courts, and ultimately of the Privy Council, to pronounce on the +constitutionality of any Irish Act, and treat it as void if it is in +excess of the authority bestowed upon the Irish legislature, the +provisions for the legal determination of constitutional questions,[22] +the arrangements as to the payment of the Irish customs into the +Imperial Exchequer, the special and very anomalous position of the +Exchequer Judges, are all attempts, whatever be their worth, to restrain +the Irish legislature and government, or in effect the Irish people, +from the undue assertion of State rights. + +Restraints again are placed on the unconstitutional action of the +Imperial or Federal Parliament. They are less obvious, but at least as +real and effectual as the safeguards against the breach of the +constitution by the Irish government or legislature. They are all summed +up in the presence of the Irish representatives at Westminster. The only +legitimate reason, if legitimate reason there be, for their presence is +the guardianship of Irish rights under the constitution. It is for them +to see that these rights are held sacred. No diminution thereof can take +place without either the assent of the Irish members or else the +existence of such a majority in the Parliament at Westminster as may +override the protests of Ireland.[23] No doubt this is not an absolute +security. But whoever considers the habits of English political life +will conclude that, except in the event of the Imperial Parliament being +resolved to suspend or destroy the constitution, there exists the +highest improbability that any inroad should be made upon the privileges +conferred under the new constitution upon Ireland. The security, though +not absolute, is a good deal better than any safeguard given by the Bill +that the State rights of Great Britain shall be duly respected by the +representatives from Ireland. Assume, however, that the constitution +works properly, and that all parties respect the spirit of its +provisions. The result is that the new constitution forms a fundamental +law, fixing the respective rights of Ireland, of Great Britain, of the +Irish Parliament, and of the Imperial Parliament.[24] + +The federal arrangements which, utterly unknown as they are to our +institutions, form the foundation of the new constitution, are as +nothing compared with the recognition and fostering of the federal +spirit. + +Great Britain and Ireland constitute for the first time in history a +confederation. The difference or opposition of their interests receives +legislative acknowledgment: each country is to possess in reality, +though not in name, State rights; each must rely upon the constitution +for the protection of these rights; each may suffer from the +encroachments of the Imperial or central power. Ireland may complain +that the Imperial Parliament by legislation, or the Privy Council by +judicial interpretation, encroaches on her guaranteed rights. Great +Britain may complain either that Irish members intermeddle in British +affairs, and thus British rights are violated, or that the Privy Council +so interprets the constitution that the prerogatives of the Central +Government (which be it remembered must in practice be identified with +the power of England) are unduly diminished. To imagine such complaints +is not to assume that the constitution works badly. They are of +necessity inherent in the federal system. There exists no federal +government throughout the world where such complaints do not arise, and +where they do not at times give rise to heart-burnings. It is well +indeed, judging from the lessons of history, if they do not produce +bitter conflicts, or even civil war. Let us take, however, the most +sanguine view possible. Let us grant that both in England and in Ireland +every minister, every legislator, every judge, is inspired with a spirit +of perfect disinterestedness and absolute fairness. This concession, +immense though it be, does not exclude vital differences of opinion. In +our new confederacy, as in every other, there will arise the contest +between State rights and federal rights, between the authority of the +Central Government and of the State Government. In any case, a whole +class of new difficulties and questions of a totally new description +will make their appearance in the field of English politics, and call +for the exercise on the part both of English and of Irish statesmen of +extraordinary wisdom and extraordinary self-control. The new +constitution in short, in virtue of its federal tendencies, will +revolutionise the public life of the United Kingdom. + +From whatever side the matter be considered we arrive at the same +result. The Home Rule Bill is a new constitution; it subverts the bases +of the English constitution as we now know it, for it destroys +throughout Ireland the effective authority of the Imperial Parliament, +and turns the United Kingdom into a federal government of a new and +untried form. + +The change may be necessary or needless, wise or unwise. The first and +most pressing necessity of the moment is that every elector throughout +the United Kingdom should, realise the immense import of the innovation. +It is a revolution far more searching than would be the abolition of the +House of Lords or the transformation of our constitutional monarchy into +a presidential republic. + +The next point to which the attention of every man throughout the land +should be directed is, that the new constitution offered to us for +acceptance is unknown to any other civilised country. Parts of it are +borrowed from the United States; some of its provisions are imported +from the British colonies, whilst others are apparently the inventions +of the unknown and irresponsible Abbé Siéyès, who is the ingenious +constitution-maker of the Cabinet. But the new polity as a whole +resembles in its essence neither the American Commonwealth nor the +Canadian Dominion, nor the Government either of New Zealand or of any +other self-governing colony. It is an attempt--its admirers may think an +original and ingenious attempt--to combine the sovereignty of an +Imperial Parliament with the elaborate limitation and distribution of +powers which distinguish federal government. The whole thing is an +experiment and an experiment without precedent. Its novelty is not its +necessary condemnation, but neither on the other hand is innovation of +necessity the same thing as reform. The institutions of an ancient realm +are not exactly the _corpus vile_ on which theorists hard pressed by the +practical difficulties of the political situation can be allowed to try +unlimited experiments. We are bound to scrutinise with care every +provision of this brand-new polity. We are bound to consider what will +be their effect according to the known laws of human nature and under +the actual circumstances of the time. It is vain to tell us that many of +our institutions remain untouched. The introduction of new elements into +an old political system may revolutionise the whole; the addition of new +cloth to an old garment may, we all know, rend the whole asunder. There +is no need for panic; there is the utmost need for prudence. + +FOOTNOTES: + +[5] References made in this treatise to the Home Rule Bill are, unless +otherwise stated, made to the Bill as ordered to be printed by the House +of Commons, February 17, 1893. _A Leap in the Dark_ was published months +before the Bill was sent up as amended to the House of Lords. + +[6] This is true of both of Mr. Gladstone's Home Rule Bills, and must +necessarily be true of any Bill which satisfies even for a time the +wishes of Home Rulers. + +[7] I have substituted New Zealand for Victoria as the example of a +typical self-governing colony; the position of Victoria has since 1900 +been complicated by the country having become a State of the Australian +Commonwealth or Confederation. + +[8] See Dicey, _Law of Constitution_ (7th ed.), ch. iii. pp. 136-140. +Compare Mill, _Rep. Government_, ch. xvii. + +[9] For the sake of convenience I throughout this treatise refer to the +'Bill to amend the provision for the government of Ireland' under its +popular name of the Home Rule Bill, 1893, or simply the Bill. See the +Bill in Appendix. + +[10] Bill, clause 5. + +[11] (The constitutional history of Victoria affords a curious +illustration of what will certainly happen in Ireland.) In Victoria the +Legislature, though not termed a Parliament in the Constitution Act, 18 +& 19 Vict, c. 54, has assumed, under a Victorian Act, the title of the +Parliament 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 more absurd and more noteworthy than the deliberate refusal +of English Gladstonians to call the Irish Parliament by its right name. +They are willing to create an Irish Parliament; they are not willing to +admit that they have created it. See debates of May 9, in _The Times_, +May 10, 1893. + +[12] See Bill, clauses 19, 27, 28, 30. + +[13] Bill, clauses 3, 4. + +[14] Bill, clause 2. + +[15] This will perhaps be disputed. Trial by jury, it will be said, is +saved by the expression 'due process of law,' in clause 4, sub-clause +(5). But this contention is, in my judgment, unfounded, and its validity +must in any case be held open to extreme doubt. + +[16] See Bill, clauses 10-19, and note especially clause 12, sub-clause +(I). + +[17] _Ibid_, clauses 14-16. + +[18] _Ibid_, clause 12, sub-clause (3). + +[19] I am aware that to this statement moderate Gladstonians may take +exception. What may be the effect of the preamble which reserves the +supreme authority of Parliament or of Bill, clause 33, which recognises +the right of the Imperial Parliament 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 Government of +Ireland, including in that expression both the Cabinet and the +Parliament, keeps within the terms of the Act, it is not intended that +the British Cabinet or Parliament shall, except in certain excepted +cases, intervene in Irish affairs. + +[20] All the provisions which under clause 9 of the Home Rule Bill, +1893, in its earliest form, were intended to restrain Irish Peers, or +members representing Irish constituencies, from deliberating or voting +on any Bill or motion the operation of which should 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 same time retaining eighty Irish members at +Westminster with full power to legislate on all English and Scottish +affairs, secured in 1895 the enthusiastic approval by the British +electorate of the rejection of the Home Rule Bill of 1893 by the House +of Lords. + +[21] See Bill, clause 5 (1). + +[22] Bill, clauses 22, 23. + +[23] 'The Imperial Parliament was supreme, but he held the passing of +the Home Rule Bill, reserving certain subjects to the Imperial +Parliament and committing others to the Parliament of Ireland, as +amounting to a compact which would be observed by 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 eighty Irish members--a number which had been found to be +sufficient to initiate an Irish constitution--would be found sufficient +to protect an Irish constitution when it was given.'--Mr. Sexton, Feb. +13, 1893, _Times Parliamentary Debates,_ p. 318. + +[24] For evidence that the power of the Imperial Parliament is intended +under the new constitution to be subjected to at any rate a moral limit, +the reader should note particularly the terms of the Home Rule Bill, +clause 12, sub-clause (3). + + + + +CHAPTER II + +THE NEW CONSTITUTION + + +A critic of the new constitution, intent on ascertaining how it affects +the relation of Great Britain and Ireland, will do well to divert his +attention from the numerous details of the Home Rule Bill, important as +many of them are,[25] and fix his mind almost exclusively upon the four +leading features of the measure. + +These are:-- + + _First_. The supremacy of the Imperial Parliament. + + _Secondly_. The retention of the Irish members in the Parliament + at Westminster. + + _Thirdly_. The powers of the Irish Government, in which term is + here included both the Irish Executive and the Irish Parliament. + + _Fourthly_. The Restrictions (popularly known as the safeguards) + and the obligations imposed upon the Irish Government. + +These features are primary and essential; everything else, however +important in itself, is subsidiary and accidental. + + +A. _The Supremacy of the Imperial Parliament_[26] + +The Home Rule Bill asserts in its preamble the inexpediency of +'impairing or restricting the supreme authority of Parliament'; and in +clause 33, apparently[27] assumes the right of the Imperial Parliament +after the passing of the Home Rule Bill to enact for Ireland laws which +cannot be repealed by the Irish Parliament. + +The new constitution therefore maintains the supremacy of the Imperial +Parliament. + +What, however, is the true meaning of this 'supreme authority,' +'supremacy,' or 'sovereignty,' if you like, of the Imperial Parliament? + +The term, as already pointed out,[28] is distinctly ambiguous, and +unless this ambiguity is cleared up, the effect of the Home Rule Bill, +and the nature of our new constitution, will never be understood. + +The supremacy of the Imperial Parliament may mean the right and power of +Parliament to govern Ireland in the same sense in which it now governs +England, that is, to exercise effective control over the whole +administration of affairs in Ireland, and for this purpose, through the +action of the English Government, or, when necessary, by legislation, to +direct, supervise and control the acts of every authority in Ireland, +including the Irish Executive and the Irish Legislature. If this were +the meaning of the expression, the Imperial Parliament would, after the +passing of the Home Rule Bill, as before, be as truly supreme in Ireland +as in England, in Scotland, in the Isle of Man, or in Jersey. The Irish +Executive and the Irish Parliament would, of course, be bodies +possessing large--and it might be very dangerous--delegated powers, but +they would stand in the same relation to the Imperial Parliament as does +the London County Council, which also possesses large delegated powers, +which administers the affairs of a population as large as that of +Scotland and which, very possibly, may receive from Parliament as time +goes on larger and more extended authority than the Council now +possesses. This is the sense which many Gladstonians, and some +Unionists, attribute to the term 'supremacy of Parliament.' It is not +the sense in which the expression 'supreme authority of Parliament' is +used in the Home Rule Bill. + +The supremacy of Parliament may bear quite another sense; it may mean +that Parliament, whilst completely giving up the management of Irish +affairs (subject of course to the Restrictions contained in the Home +Rule Bill) to the Irish Executive and the Irish Legislature, retains in +Ireland, as elsewhere throughout the Empire, reserved sovereignty, or +the theoretical right (which exceptionally though rarely may be put into +practice) of passing laws for Ireland and of course, among other laws, +an Act modifying or repealing the terms of the Home Rule Bill itself. If +this is the meaning of the expression 'supreme authority of Parliament,' +the Imperial Parliament will, after the passing of the Home Rule Bill, +stand in substance in the relation to Ireland which Parliament occupies +towards any important self-governing colony, such as is the Canadian +Dominion or New Zealand. The Irish Executive and the Irish Parliament +will on this view constitute the real substantial government of Ireland, +just as the Ministry and the Parliament of New Zealand constitute the +real and substantial government of New Zealand. No doubt the Imperial +Parliament will retain the theoretical right to legislate for Ireland, +_e.g._ to pass an Irish Coercion Act, just as Parliament retains the +theoretical right to legislate for New Zealand or Canada. So the +Imperial Parliament has the legal right to repeal or override any law +passed by the New Zealand Parliament, to tax the inhabitants of New +Zealand, or finally, by the repeal of the New Zealand Constitution Act, +1852, 15 & 16 Vict. c. 72, to abolish the constitution of New Zealand +altogether. But these things Parliament will not, and to speak truly +cannot, do in New Zealand. The inhabitants of New Zealand possess as +regards their internal affairs for practical purposes complete +independence. They are governed from Wellington, they are not governed +from Westminster. If in short the supremacy of Parliament means under +the Home Rule Bill in Ireland what it means under 15 & 16 Vict. c. 72 in +New Zealand, the inhabitants of Ireland will, when the Home Rule Bill +passes into law, be governed from Dublin, they will not be governed from +Westminster. Every Irish Home Ruler, be he Parnellite or +Anti-Parnellite,[29] believes that the supremacy of Parliament is +intended to mean in Ireland what it means in New Zealand, and the Irish +Home Rulers are right. Any one will see that this is so who reflects on +the meaning of the policy of Home Rule, who studies the authoritative +utterances of Gladstonian leaders, such as Mr. Gladstone[30] himself, +Mr. Asquith,[31] or Mr. Bryce.[32] Gladstonian statesmen wrap up their +meaning in vague generalities; they insist, and in one sense with truth, +that the sovereignty of Parliament is reserved. They do not wish to +alarm their English followers. It is possible that they conceal even +from themselves how completely the Imperial Ministry and Parliament +surrender the practical government of Ireland into the hands of the +Irish Parliament and its leaders. But for all this, their own language +and the Bill itself prove that the supreme authority of Parliament is +under the new constitution to be taken in its limited, and what for the +sake of distinction we may call its 'colonial' sense. This is proved, if +evidence were wanting, by the provision[33] that after fifteen years from +the time when the Bill passes into law the financial relations between +England and Ireland may be revised in pursuance of an Address to the +Crown from the House of Commons or from the Irish legislative assembly. +If the Imperial Parliament retains an effective or practically unlimited +supremacy, the provision is futile and needless. What necessity is there +for enacting that a sovereign Parliament, which institutes, may alter a +scheme of taxation? But the provision is intelligible enough on one +supposition, and on one supposition only. It is both intelligible and in +place if Parliament gives up the real right of governing Ireland and +occupies towards what is now a part of the United Kingdom the position, +or something very like the position, which Parliament occupies towards a +self-governing colony. It then embodies a compact between England and +Ireland, and institutes a regular method for revising their financial +relations. But this very compact proves that as regards Ireland the +Imperial Parliament, if it reserves to itself ultimate sovereignty, has +for practical purposes surrendered the reality of control. + +There is no need to assert that this supremacy of the Imperial +Parliament means nothing. The assertion would not be true. The +reservation of sovereign authority means something, but it does not mean +much. It does not mean the power or the right to govern Ireland; it +means at most the legal and moral right to modify, or put an end to, the +new constitution if ever it works badly. + +The power, indeed, to abolish the constitution can neither be given nor +taken away by Acts of Parliament, by the declarations of English +statesmen, or the concessions of Irish leaders, whether authorised or +not to pledge the Irish people. It is given to Great Britain, not by +enactments, but by nature; it arises from the inherent capacity of a +strong, a flourishing, a populous, and a wealthy country to control or +coerce a neighbouring island which is poor, divided, and weak.[34] This +natural supremacy will, if the interests of Great Britain require it, be +enforced by armies, by ironclads, by blockades, by hostile tariffs, by +all the means through which national predominance can make itself felt. +All reference to superior power is, in controversies between citizens, +hateful to every man endowed with a sense of humanity or of justice. But +in serious discussions facts must be faced, and if, for the sake of +argument, I contrast, much against my will, the power of Great Britain +with the weakness of Ireland, let it be remembered that the conception +of a rivalry or conflict is forced upon Unionists by the mere proposal +of Home Rule. As long as we remain a United Kingdom, there is no more +need to think even of hypothetical or argumentative opposition between +the resources or interest of England and of Ireland than there is to +consider what in case of a contest may be the relative force of London +and of the Orkneys. + +What, then, the new constitution secures is not the power, but the legal +right to abolish the new constitution. It is a right to carry through a +fundamental change by lawful means. The Bill legalises revolution. This +is well, for it is desirable that in a civilised State every change of +institutions should be effected by constitutional methods. But should +the circumstances ever arise under which Great Britain is resolved, in +spite of the wishes of the Irish people or a large portion thereof, to +abolish Home Rule and exercise the right of reserved sovereignty, there +is no reason to expect that Irishmen who oppose British policy will +admit that her use of sovereign power is morally justifiable. By force, +or the threat of force, the controversy will, we must expect, in the +last instance, be decided. However this may be, we must now realise what +the supremacy of Parliament, at any rate to the Irish leaders who accept +it, really means. It means nothing but the right of the Imperial +Parliament of its own authority to repeal the Home Rule Bill and destroy +the new constitution. The right may be worth having. But it is not the +right to govern Ireland or to control the Irish Government; it is not a +means of government at all: it is a method of constitutional revolution, +or reaction. + +Some critic will object that this supremacy of Parliament means to him +a good deal more than the mere right to abolish the constitution. So be +it. Let the objector then tell us in precise language what it does mean. +If his reply is that the term is ambiguous, that its meaning must be +construed in accordance with events, and may, according to +circumstances, be restricted or extended, then he suggests that +Parliamentary supremacy is not only an empty right, but an urgent peril. +Nothing can be more dangerous than a compact between England and Ireland +which the contracting parties construe from the very beginning in +different senses. If by asserting the supreme authority of Parliament +English statesmen mean that Parliament reserves the right to supervise +and control the government of Ireland, whilst Irishmen understand that +Parliament retains nothing more than such a kind of supremacy or +sovereignty as it asserts, rather than exercises, in New Zealand, then +we are entering into a doubtful contract which lays the sure basis of a +quarrel. We are deliberately preparing the ground for disappointment, +for imputations of bad faith, for recriminations, for bitter animosity, +it may be for civil war. If there be, as is certainly the case, a fair +doubt as to what is meant by the supremacy of Parliament, let the doubt +be cleared up. This is required by the dictates both of expediency and +of honour. Meanwhile we may assume that the supremacy of Parliament, or +the 'supreme authority of Parliament,' means in substance the kind of +sovereignty which Parliament exercises, or claims to exercise, in every +part of the British Empire. + +For the maintenance of such supremacy, be it valuable or be it +worthless, Great Britain pays a heavy price. For the sake of 'an +outward and visible sign of Imperial supremacy' we retain eighty Irish +members in the Imperial Parliament.[35] + + +B. _The Retention of the Irish Members in the Imperial Parliament_ + +This is now[36] an essential, or at least a most important part of the +ministerial policy for Ireland, yet it is a proposal which even its +advocates must find difficult of defence. In 1886 every Gladstonian +leader told us that it was desirable, politic, and just to exclude Irish +members from the Parliament at Westminster; this exclusion was pressed +upon England (plausibly enough) as a main advantage to be derived from +the concession of Home Rule to Ireland. In 1893 every Gladstonian leader +tells us that it is desirable, politic, and just to retain the Irish +members at Westminster, and their presence is, for some reason not easy +to explain, treated as removing every objection to the concession of +Home Rule to Ireland. This astounding variation of opinion in the +doctors of the State savours of empiricism, not to say quackery. A +surgeon who tells a patient that he will not live unless his leg is +amputated may be right, and may be worthy of trust; another surgeon who +asserts that amputation is unnecessary may be right, and worthy of +trust. But the surgeon who one moment insists that amputation is +necessary to the preservation of his patient's life, and the next moment +that it is unnecessary and may be fatal, is not the kind of adviser who +inspires confidence in his wisdom. + +Let the ingenuity of Gladstonians reconcile, as best it can, the +doctrine of 1886 with the doctrine of 1893. To a man of sense who weighs +the matter without reference to considerations of party, one thing will +soon become apparent: the retention at Westminster of eighty, or indeed +of any Irish members at all, means under a scheme of Home Rule the ruin +of Ireland and the weakness of England. + +As to Ireland.--The presence of Irish members at Westminster robs +Ireland of the one advantage which Home Rule might by any possibility +confer upon that country. + +Any man in order to see that this is so has only to consider, first, +what may under favourable circumstances be the benefit of Home Rule to +Ireland, and next what is the natural result of summoning Irish members +to the Parliament at Westminster. + +The best conceivable result of Home Rule is that it may detach Irishmen +from interest in English politics, and induce the most respected and +respectable men in Ireland to take matters into their own hands and +manage for themselves all strictly Irish affairs. For the last twenty +years, at least, Ireland has been represented, or misrepresented, by +eighty and more politicians, nominated in the main by Mr. Parnell. No +one supposes for a moment that the Nationalist leaders who appeared +before and were condemned by the Special Commission are fair samples of +the Irish people. They are, take them at their best, reckless agitators. +They were chosen by their patron, Mr. Parnell, not on account of their +worth or talent, but because they were apt instruments for carrying out +a policy of parliamentary intrigue, reinforced by a system of lawless +oppression.[37] These men are the product of a revolutionary era; they +no more represent the virtues and the genius of the Irish people than +the demagogues or fanatics of the Jacobin Club represented the genius +and the virtues of the French nation. We all know that Ireland abounds +in citizens of a very different stamp. She has never lacked among her +sons, and does not lack now, men of virtue, of vigour, and of genius. +Throughout the length and breadth of the country you will find hundreds +of men of merit--landlords whose lives have been honourable to +themselves, and a blessing to their tenants; merchants as honest and +successful as any in England or in Scotland; small landowners and tenant +farmers who have paid their rent and paid their way, who have cultivated +their land, who have never insulted or boycotted their neighbours, and +have never been driven by intimidation into meanness and fraud. Add to +these lawyers, thinkers, writers, and scholars, who rival or excel the +best representatives of their class in other parts of the United +Kingdom. These good men and true are not peculiar to any one creed or +party; they are not confined to any one province, or to any one class; +they are scattered through every part of the land; they are the true +backbone of Ireland; they have saved her from utter ruin; they may still +by their energy raise her to prosperity. But they have been thrust out +of politics by the talkers, the adventurers, the conspirators. It is +possible that if Home Rule compels Irishmen to turn their whole minds +to Irish affairs, the so-called representatives who misrepresent their +country may be dismissed from the world of politics, and the Parliament +at Dublin be filled with members who, whether they come from the North +or from the South, whether Unionists or Home Rulers, whether Roman +Catholics or Protestants, whether landowners, tenant farmers, ministers +of religion, merchants, or tradesmen, represent the real worth and +strength of the country. If this should happen, Home Rule would still +entail great evils on the whole United Kingdom. But even zealous +Unionists might hope that for these evils Ireland at least will obtain +some compensation. This hope, if the Irish members are retained at +Westminster, will never be fulfilled. + +For even the occasional presence[38]--which will in practice be the +frequent presence--of the Irish members at Westminster destroys every +hope that Ireland will be governed by her best citizens. The reasons why +this is so are various; some of them may be shortly stated. The system, +in the first place, of double representation, under which members of the +Irish Parliament must flit to and fro between Ireland and England, and +debate one day about Irish matters in Dublin, and the next about +Imperial, or in truth British, matters in England, makes it impossible +for quiet hard-working Irishmen, who carry on the real business of +Ireland, to take part in politics. The political centre of interest, in +the second place, will after, as before, the passing of the Home Rule +Bill, be placed in London and not in Dublin. The humdrum local business +which under a system of Home Rule ought to be discussed in the Irish +Parliament, may vitally concern the prosperity of every inhabitant of +Ireland, but it will not in general lend itself to oratory, or arouse +popular excitement. The questions, on the other hand, to be discussed in +the Imperial Parliament at Westminster, as, for example, whether Mr. +Gladstone or Lord Salisbury shall be head of the British Cabinet, +whether the royal veto on Irish legislation shall be exercised on the +advice of the English or of the Irish Ministry, are matters which do not +in reality greatly affect the happiness of ordinary Irishmen. But they +give room for management, for diplomacy, for rhetoric, and are certain +on occasions to arouse both the interest and the passions of the Irish +people. We may take it for granted that the character of the Irish +representation at Westminster will govern the character of the +Parliament at Dublin.[39] Hence arises a third and fatal obstacle to the +active participation in Irish public life of Irishmen who are not +professional politicians. The Home Rule Bill of 1893 professes to +restrain on every side the action of the Irish government and +Parliament. These Restrictions are the comfort of English Gladstonians; +they are thought to be safeguards, though in reality there is nothing +which they make safe. But Restrictions which delight Gladstonians are +hateful to Irish Home Rulers. Their watchword is, 'Ireland a nation.' To +this cry every Home Ruler will rally, and so too will, if once the +Union is broken up, many an ardent loyalist, converted by anger at +England's treachery into an extreme Nationalist. Irishmen will wish for +an Irish army; they will wish for a protective policy; they will desire +that Ireland shall play a part in foreign affairs, and will claim for +her at least the independence of such a colony as New Zealand. To all +these wishes, and to many more, some of which under a system of Home +Rule are quite reasonable, the terms of the Home Rule Bill are opposed. +Home Rulers, and probably enough the whole Irish people, will insist +that the Bill, which will then have become an Act, must be modified. How +is the modification to be obtained? How is Home Rule to be made a +reality? By one method only: that is, by the freest use of those arts Of +intrigue and obstruction by which Home Rule will have been gained. But +for the carrying out of such a policy the agitators and intriguers who +for the last twenty years have weakened and degraded the Imperial +Parliament are the proper agents. For this work they, and they alone, +are fit. The quiet, industrious, stay-at-home merchants or lawyers, who +might be sent to Dublin for a month or two in the year to manage Irish +business on business-like principles, will not be sent to Westminster to +hold the balance between English parties. They cannot leave their +every-day work; were they willing to forsake their own business, they +are not the men to conduct with success the parliamentary game of brag, +obstruction, and finesse. Keep, in short, the Irish members at +Westminster, and you ensure the supremacy in Ireland of professional +politicians. By a curious fatality the Gladstonian policy which weakens +England ruins Ireland. Let no one fancy that this is the delusion of an +English Unionist. Sir Gavan Duffy is an Irish Nationalist of a far +higher type than the men who have drawn money from the Clan-na-Gael. In +'48 he was a rebel, but if he was disloyal to England, he was always +careful of the honour and character of Ireland. He, at least, perceives +the danger to his country of retaining Irish members in a Parliament +where they had ceased to have any proper place. 'For my own part,' he +says, 'I should not care if they did not attend [the Imperial +Parliament] for a generation, which will be needed for the manipulation +of their own affairs.' + +All this, I shall be told, is prophecy; Gladstonian hopes are as +reasonable as Unionist fears. So be it. But in this matter my +predictions have a special claim on the attention of the Ministry, they +coincide with the forecast, or the foresight, of the present[40] Chief +Secretary for Ireland. + +'Let us suppose that these Irish representatives for Imperial purposes +are not chosen by the legislative body, but are chosen directly by Irish +constituencies. You have already, according to our plan, two sets of +constituencies. You have the 103 constituencies that return the popular +branch of the legislative body, and you have those other constituencies +up to seventy-five which return the elective members of the other branch +of the legislative body. You have, therefore, got already on our plan +two sets of constituencies. Now, if you are going to send members to +Westminster for Imperial purposes to the number of forty-five or to the +number of ninety-five, you must mark out a third set of +constituencies--you must have a third set of elections. A system of that +kind does not strike me at least as being exactly the thing for a +country of which we are assured that before everything else its prime +want is a profound respite from political turmoil. There are plenty of +other objections from the Irish point of view, which I am not now going +to dwell upon. Depend upon it that an Irish Legislature will not be up +to the magnitude of the enormous business that is going to be cast upon +it unless you leave all the brains that Irish public men have got to do +Irish work in Ireland. Depend upon this, too, that if you have one set +of Irish members in London it is a moral certainty that disturbing +rivalries, disturbing intrigues would spring up, and that the natural +and wholesome play of forces and parties and leaders in the Irish +Assembly would be complicated and confused and thrown out of gear by the +separate representatives of the country. All this is bad enough.'[41] + +These are the words of my friend Mr. Morley.[42] They were spoken at +Newcastle on April 21, 1886. He was then, as now, responsible for the +government of Ireland. Nothing can add to their gravity; nothing can add +to their force; they were true in 1886, they remain as true to-day as +they were seven years ago.[43] + +As to England.--The presence of the Irish members at Westminster is on +the face of it a gross and patent injustice to Great Britain. It is +absurd, it is monstrous, that while the Irish Parliament and the Irish +Parliament alone settle whether Mr. Healy, Mr. M'Carthy, Mr. Redmond, or +Mr. Davitt is to be head of the Irish government, and England, though +vitally interested in the character of the Irish Executive, is not to +say a word in the matter, eighty Irishmen are to help in determining, +and are often actually to determine, whether Lord Salisbury or Mr. +Gladstone, Mr. Balfour or Mr. Chamberlain, is to be Prime Minister and +direct the policy of England. Here again 1 can rely on the invaluable +aid of Mr. Morley. He has denounced the effect on England of retaining +Irish members at Westminster with a strength of language and a weight of +authority to which it is impossible for me to make any pretension. + +'But there is a word to be said about the effect on our own Parliament, +and I think the effect of such an arrangement--and I cannot help +thinking so till I hear of better arrangements--upon our own Parliament +would be worse still. It is very easy to talk about reducing the number +of the Irish members; perhaps it would not be so easy to do. It is very +easy to talk about letting them take part in some questions and not in +others, but it will be very difficult when you come to draw the line in +theory between the questions in which they shall take a part and those +in which they shall not take a part. But I do not care what precautions +you take; I do not care where you draw the line in theory; but you may +depend upon it--I predict--that there is no power on the earth that can +prevent the Irish members in such circumstances from being in the future +Parliament what they were in the past, and what to some extent they are +in the present, the arbiters and the masters of English policy, of +English legislative business, and of the rise and fall of British +Administrations. You will have weakened by the withdrawal of able men +the Legislature of Dublin, and you will have demoralized the Legislature +at Westminster. We know very well what that demoralisation means, for I +beg you to mark attentively the use to which the Irish members would +inevitably put their votes--inevitably and naturally. Those who make +most of the retention of the Irish members at Westminster are also those +who make most of there being what they call a real and effective and a +freely and constantly exercised veto at Westminster upon the doings at +Dublin. You see the position. A legislative body in Dublin passes a +Bill. The idea is that that Bill is to lie upon the table of the two +Houses of Parliament in London for forty days--forty days in the +wilderness. What does that mean? It means this, that every question that +had been fought out in Ireland would be fought out over again by the +Irish members in our Parliament. It means that the House of Lords here +would throw out pretty nearly every Bill that was passed at Dublin. What +would be the result of that? You would have the present block of our +business. You would have all the present irritation and exasperation. +English work would not be done; Irish feeling would not be conciliated, +but would be exasperated. The whole efforts of the Irish members would +be devoted to throwing their weight--I do not blame them for this--first +to one party and then to another until they had compelled the removal of +these provoking barriers, restrictions, and limitations which ought +never to have been set up. I cannot think, for my part I cannot see, how +an arrangement of that sort promises well either for the condition of +Ireland or for our Parliament. If anybody, in my opinion, were to move +an amendment to our Bill in the House of Commons in such a direction as +this, with all these consequences foreseen, I do not believe such an +amendment would find twenty supporters.'[44] + +This was the opinion of Mr. John Morley in 1886. A word in it here or +there is inapplicable to the details of the present Bill; but in +principle every syllable cited by me from his Newcastle address forms +part of the Unionist argument against summoning as much as a single +Irish member to Westminster. His language is admirable, it cannot be +improved. All that any one who agrees with Mr. Morley can do in order to +force his argument home is to point out in a summary manner the ways in +which the Irish delegation at Westminster will enfeeble the Imperial +Government. + +_First_. The Irish members, or rather the Irish delegation, will have a +voice and often a decisive voice in determining who are the men that +shall constitute the English Cabinet; on the Irish vote will depend +whether Conservatives, Liberals, Radicals, or Socialists shall +administer the government of England. It is vain to tell us Irish +members will be restrained, whether by law or custom, from voting on +British affairs when they will vote on the most important of all British +affairs, the composition and the character of the body which is to +govern England. + +That the Irish members will thus vote on a matter of special and vital +importance to England is admitted. But things stand far worse than this. +The vote of the Irish delegation will and must be swayed by an interest +adverse to the welfare of Great Britain; for the interest of Great +Britain, or, to use ordinary language of England, is that the English +Government should be strong, and should represent the majority of the +English or British electors. The direct interest of the Irish delegation +is that the English Government should be weak, and represent the +minority of English electors. That this is so is obvious. The weaker the +British Government, the greater the weight of the Irish representatives. +But if the English Cabinet represents a minority of the British people, +and are kept in office only by the votes of their Irish allies, then the +influence of the Irish representatives and the weakness of the English +Government will have reached its extreme point. The effect therefore of +the arrangement which brings Irish members to Westminster is to place +the administration of English affairs in the hands of the party, +whichever it be, that does not represent the wishes of the English +people. This master stroke of Gladstonian astuteness ensures that +Radicals shall be in office when the opinion of England is Conservative, +and that Conservatives shall be in power when English opinion tends +towards Radicalism. + +_Secondly_. The retention of the Irish members breaks up our whole +system of Cabinet government. This system has some inherent defects, but +it cannot work at all with any benefit to the country unless the Cabinet +can depend on the support of a permanent majority. The result of what +has happily been described as the 'in-and-out plan,' that is the scheme +for allowing Irish members to vote on some subjects and not on others, +will be the constitution of two majorities, and it is more than possible +that the one majority may belong to one party and the other majority to +another. Look at the effect on the transaction of public affairs. The +Irish members and the English Liberals combined may put in office a +Liberal Cabinet. On English matters, _e.g._ the question of +Disestablishment, or of Home Rule for Wales, the British majority +consisting of British members of Parliament only may constantly defeat +the Gladstonian Cabinet, and thus force into office a Conservative +Cabinet which could command a majority on all subjects of purely British +interest, but would always be in a minority on all matters of Imperial +policy, _e.g._ on the conduct of foreign affairs. Which Cabinet would +have a right to retain power? The sole answer is--neither. The proposed +plan, in short, undermines our whole scheme of government. + +_Thirdly_. The Irish members who are now simply Irish members of the +Imperial Parliament will be transformed into a very different thing--an +Irish delegation. The importance of this change cannot be over-rated. +The essential merit of our present system of government is that the +Executive, no less than the Parliament of the United Kingdom, represents +the country as a whole. Our Premier may be a Scotsman, but we know of no +such thing as a Scottish Premier. Englishmen may form the majority of +the Cabinet, but we have never had an English Cabinet as contrasted with +a Scottish or an Irish Cabinet. It has never been contended, hardly has +it been hinted, that a Ministry ought to be made up of members taken in +certain proportions from each division of the kingdom. But from the +moment that sectional representation, and with it open advocacy of +sectional interests, is introduced into the House of Commons, there will +arise the necessity for the formation of sectional Cabinets. + +The demand will be made, and the demand will be granted, that in the +administration no less than in the House there shall be a system of +representation; that England, that Scotland, that Ireland shall each +have their due share in the Ministry. But this state of things must be +fatal both to the capacity and to the fairness of the government. The +talent of the Cabinet will be diminished, because the Prime Minister +will no longer be able to choose as colleagues the ablest among his +supporters without reference to the now irrelevant question whether they +represent English, Scottish, or Irish constituencies. The character of +the Executive will be lowered because the Cabinet itself will represent +rival interests. It may seem that I am advocating the special claims of +England. This is not so. I am arguing on behalf of the efficiency of the +government of the United Kingdom. My argument is one to which Scotsmen +and Irishmen should give special heed. If once we have cabinets and +parties based upon sectional divisions, if we have English ministries +and English parties as opposed to Scottish ministries or Irish +ministries, and Scottish parties and Irish parties, it is not in the +long run the most powerful and wealthy portion of what is now the United +Kingdom which will suffer. It is hardly the interest of Scotsmen or +Irishmen to pursue a policy which suggests the odious but inevitable cry +'England for Englishmen.' + +_Fourthly_, as long as Irish members remain at Westminster the English +Parliament will never be freed from debates about Irish affairs. + +This is a point there is no need to labour. Unless (what no honest man +can openly propose) the 80 or 103 members from Ireland are to be taken +from one Irish party only, they must represent different interests and +different opinions. Some few at least will represent the wishes, the +complaints, or the wrongs of Ulster. But if this be so, it is certain +that the controversies which divide Ireland will make themselves heard +at Westminster. Can any sane man fancy that if the Dublin Parliament +passes an Act for the maintenance of order at Belfast, if the people of +Belfast are suspected of intending to resist the Irish government, if +Irish landlords, rightly or not, fear unfair treatment at the hands of +the Irish Ministry or the Irish Parliament, none of these things will be +heard of at Westminster? The supposition is incredible. Let Irish +members sit at Westminster and Irish affairs will be debated at +Westminster, and will often be debated when, under a system of Home +Rule, it were much better they should be passed over in silence. Admit, +what is not certain, that Home Rule in Ireland will occasionally +withdraw a few Irish questions from discussion in England, it must be +remembered that a new crop of Irish questions will arise. The federal +character of the new constitution must produce in one form or another +disputes and discussions as to the limits which bound the respective +authority of the Imperial and of the Irish Governments. The Imperial +Parliament will, for the first time, be harassed by the question of +State rights. Add to this that at every great political crisis the House +of Commons will have before it an inquiry which must produce +interminable debates, namely whether a given bill is or is not a measure +which concerns only the interest of Great Britain. + +Two inducements are offered to England for the adoption of a plan the +evils whereof were so patent in 1886 that it then could not, if we are +to believe Mr. Morley,[45] have commanded twenty supporters in the House +of Commons. + +The first inducement is that the presence of eighty Irish members at +Westminster is an outward and visible sign of the supremacy of the +Imperial Parliament.[46] On this point it is needless to say much; few +Englishmen will on consideration think it worth while to dislocate all +our system of government in order that the British Parliament may retain +in Ireland the kind of sovereignty which it retains in New Zealand. We +are rightly proud of our connection with our colonies, but no one would +seriously propose to retain nominal sovereignty in Canada at the price +of a perilous and injurious change in the constitution of England. + +The second inducement is that Great Britain will be allowed the +exclusive management of British affairs. + +This sort of spurious Home Rule for England turns out however to be as +illusory a blessing as the maintenance of parliamentary supremacy. + +Great Britain is, under the new constitution, not allowed to appoint the +British Cabinet. Great Britain is forbidden to determine for herself any +matter of legislation or administration which, however deeply it +concerns British interests, trenches in the least degree on any Irish or +Imperial interest. Any matter of finance, which comes within the wide +head of Imperial liabilities, expenditure, and miscellaneous +revenue,[47] falls within the competence of the Irish members. Questions +of peace or war, our foreign relations, every diplomatic transaction, is +a matter on which the Irish delegation may pronounce a decision. The +conjecture is at least plausible[48] that Irish members will have a +right to discuss and vote upon any subject debated in the Parliament at +Westminster which involves the fate of a British Cabinet. Let it be +granted that, if the provisions of the Home Rule Bill be observed, no +Irish representative can vote 'on any Bill, or motion in relation +thereto, the operation of which Bill or motion is confined to Great +Britain.'[49] But then when is the operation of a Bill confined to Great +Britain, or, to use popular language, what is a British Bill? This is an +inquiry in the decision whereof the Irish members will take part. The +Irish members, therefore, at Westminster will be judges of their own +rights, and in the only cases in which it is of practical importance to +Great Britain that the Irish representatives should not vote, will be +able with the aid of a British minority to fix the limits of their own +jurisdiction.[50] Let the Irish members and a British minority boldly +vote that the operation of a Bill, say for the Disestablishment of the +English Church, is not confined to Great Britain, and they can boldly +vote that the Bill do pass, and no Court in Great Britain or the British +Empire can question the validity of a law enacted in open defiance of +the spirit or even the words of the Constitution.[51] The right of +British members to the management of even exclusively British affairs +will depend not upon the law of the land, but upon the moderation and +sense of equity which may restrain the unfairness of partisanship. + +For a parliamentary minority will, if only it throw scruples to the +winds, be constantly able to transform itself into a majority by the +unconstitutional admission of the Irish vote. This is not a power which +any party, be it Conservative or Radical, English, Scottish, or Irish, +ought to possess. Partisanship knows nothing of moderation. And the +reason of this blindness to the claims of justice is that the spirit of +party combines within itself some of the best and some of the worst of +human passions. It often unites the self-sacrificing zealotry of +religious fanaticism with the recklessness of the gambling table. Let an +assailant of the Contagious Diseases Act, a fanatic for temperance, a +protectionist who believes that free trade is the ruin of the country, +an anti-vivisectionist who holds that any painful experiment on live +animals is the most heinous of sins; let any man who has come to believe +that his own credit, no less than the salvation of the country, depends +on the success of a particular party, know that the triumph of his cause +depends upon his voting that a particular measure operates beyond Great +Britain, and we know well enough in which way he will vote. He will vote +what he knows to be untrue rather than sacrifice a cause which he +believes to be sacred. He will think himself both a fool and a traitor +if he sacrifices the victory which is within his grasp to the +maintenance of technical legality, or rather to respect for a rule of +constitutional procedure. + +Suppose, however, that I have underrated the equity of human nature, and +that no faction in the House of Commons ever attempts to violate the +spirit of the Constitution. The supposition is bold, not to say absurd; +but even if its reasonableness be granted, this does not suffice for the +protection of England's rights. The question whether a given Bill does +or does not operate exclusively in Great Britain may often give rise to +fair dispute, and (what should be noted) this dispute will always be +decided against Great Britain in the only instances in which its +decision is to Great Britain of any importance whatever. An example best +shows my meaning. Let a Bill be brought forward for establishing Home +Rule in Wales. Is the operation of the Bill confined to Great Britain? +An English member, unless he is a Home Ruler, will answer with an +undoubted affirmative. An English, or Irish, or Welsh Home Ruler will +with equal certainty, and equal honesty, give a negative answer. The +question admits of fair debate, but we know already how the debate will +be decided. If the Unionists constitute a majority of the House, the +Irish vote will be excluded. But in this case its exclusion is of no +practical importance. If the Unionists constitute indeed a majority of +British representatives, but do not constitute a majority of the House, +the Irish vote will be included. The Irish representatives will decide +whether Wales shall constitute a separate State, and the right of Great +Britain to manage British affairs will not prevent the dismemberment of +England. Home Rule, such as it is for England, means at best a totally +different thing from Home Rule for Ireland. In the case of England it +means a limited and precarious control of legislation for Great Britain +by British members of Parliament. In the case of Ireland it means the +real and substantial and exclusive government of Ireland by an Irish +Ministry and an Irish Parliament. + +But will the advantage of even this modified half-and-half Home Rule be +really offered to England? + +Gladstonians, it is rumoured (and before these pages are in print the +rumour may turn out to be a fact), have their own remedy for some of the +only too-patent absurdities of the 'in-and-out system' embodied in +clause 9 of the Home Rule Bill. A suggestion is made which would be +amusing for its irony, were it not revolting for its cynicism, that the +difficulty of the double majority should be removed by the allowing +members not only to remain at Westminster in their full number, but also +to vote there on all matters whatever, including those affairs which +exclusively concern the interests of Great Britain. This is no doubt a +remedy for some of the evils of an unworkable proposal. It is a cure +which to any Englishman of sense or spirit will seem tenfold worse than +the disease. It is a cure in that sense only in which a traveller may be +said to be relieved from the fear of robbery by a highwayman shooting +him dead. The irregular interference of the Irish delegation in the +formation of the British Cabinet, and other matters which indirectly +concern England, is to be regularised (if I may use the term) by +allowing to Irish members permanent despotism over England in matters +which, on a system of Home Rule, concern England alone. Irish members +may disestablish the Church of England, though England is to have no +voice in the pettiest of Irish affairs. Irish members are to be allowed +to impose taxes on England, say to double the income tax, though of +these taxes no inhabitant of Ireland will pay a penny; the Irish +delegation--and this is the worst grievance of all--is to be enabled, in +combination with a British minority, to detach Wales from England, or to +vote Home Rule for Scotland, or to federalise still further the United +Kingdom by voting that Man, Jersey, and Guernsey shall send members to +the Imperial Parliament. Note that all this may be done by the Irish +delegation, though, under the new Constitution, England will not have a +word to say on such questions as whether the right of electing members +for the Parliament at Dublin shall or shall not be extended to every +adult, or whether Ulster shall, or shall not, be allowed Home Rule of +its own. The absurdity of this policy ought to prevent its ever being +adopted; but in these days absurdity seems to tell as little against +wild schemes of legislation as their injustice. + +All this consideration of haggling and trafficking between Great Britain +and Ireland is loathsome to every true Unionist who considers Englishmen +and Irishmen as still citizens of one nation. But, when Gladstonians +propose to divide the United Kingdom into two States, it is as essential +as it is painful to weigh well what is the gain of Great Britain in the +new scheme of political partnership. If the matter be looked at from +this point of view, it is easy to see how miserable are the offers +tendered to England. Compare for a moment the authority to be given her +under the new constitution with the authority she has hitherto +possessed or the authority tendered to her under the Home Rule Bill of +1886. + +Up to 1782 the British Parliament held in its own hands the absolute +control not only of every British affair, but every matter of policy +affecting either Ireland or the British Empire. The British Parliament, +in which sat not a single representative of any Irish county or borough, +appointed the Irish Executive. The British Parliament, whenever it +thought fit, legislated for Ireland; the British Parliament controlled +the whole course of Irish legislation; every Act which passed the +Parliament of Ireland was inspected, amended, and, if the English +Ministry saw fit, vetoed in England. The system was a bad system and an +unjust system. It is well that it ended. But as regarded the control of +the British Empire it corresponded roughly with facts. The Empire was in +the main the outcome of British energy and British strength, and the +British Empire was governed by Great Britain. + +The constitution of 1782 gave legislative independence to Ireland, but +did not degrade the British Parliament to the position which will be +occupied by the Imperial Parliament under the constitution of 1893. The +British Parliament remained supreme in Great Britain; the British +Parliament controlled the Imperial policy both of England and of +Ireland. The British Parliament, or rather the British Ministry, +virtually appointed the Irish Executive. The British Parliament +renounced all rights to legislate for Ireland[52]; the British +Parliament technically possessed no representatives in the Parliament +at Dublin. But any one who judges of institutions not by words but by +facts will perceive that in one way or another the influence and the +wishes of the British Government were represented more than sufficiently +in the Irish Houses of Parliament. Grattan's constitution, in short, +left the British Parliament absolutely supreme in all British and +Imperial affairs, and gave to the British Ministry predominating weight +in the government of Ireland. This is a very different thing from the +shadowy sovereignty which the English Parliament retains, but abstains +from exercising, in our self-governing colonies. It is a very different +thing from the nominal power to legislate for Ireland which the new +constitution confers upon the Imperial Parliament. + +Since the Union England and Ireland have been politically one nation. +The Imperial or British Government has controlled, and the Imperial +Parliament has passed laws for, the whole country. Nor has the presence +of the Irish members till recent days substantially limited the +authority of Great Britain. Till 1829 the Protestant landlords of +Ireland who were represented in the Imperial Parliament shared the +principles or the prejudices of English landowners. Since the granting +of Catholic emancipation Roman Catholic or Irish ideas or interests have +undoubtedly perplexed or encumbered the working of British politics. +But the representatives of Ireland have been for the most part divided +between the two great English parties, and it was not till Mr. Parnell's +influence united the majority of Irish representatives into a party +hostile to Great Britain that any essential evil or inconvenience +resulted from their presence at Westminster. This inconvenience, +whatever its extent, has been the price of the Union. The gain has been +worth the payment: the action of Parliament has been hampered, but its +essential and effective authority throughout the realm has been +maintained. + +In 1886 Mr. Gladstone framed a constitution which was meant to be a +final and a just settlement of the questions at issue between England +and Ireland. Under the constitution of 1886 Great Britain surrendered to +Ireland about the same amount of independence as is offered her under +the proposed constitution of 1893. But the difference in the position of +Great Britain under the two constitutions is immense. + +Under the constitution of 1886 Great Britain was offered a position of +the highest authority. + +To the British Parliament (in which was to sit not a single Irish +member) was to fall the appointment of the British or Imperial Ministry. +The British Parliament received absolute control of all British, +colonial, Imperial, and foreign affairs. Perfect unity was restored to +the spirit of her government, and predominance in the British, or, to +use ordinary language, in the English, Parliament was given to the +conservative elements of English society. Great Britain became mistress +in her own home; she became much more than this; she was enthroned as +undisputed sovereign of the British Empire.[53] + +Under the constitution, in short, of 1886, if Great Britain was weakened +on one side she was strengthened on another. Her Parliament obtained an +immense accession of authority, and was all but entirely freed both from +the necessity for considering Irish questions and from the damage of +Irish obstruction. Ireland surrendered to England all share in the +government of the Empire, and the further dismemberment of Great Britain +without the assent of the British people became difficult, if not +impossible. It does not lie in the mouth of Gladstonians to say that the +measure of 1886 was unjust. It was laid before the country as a +compromise which was just to England and to Ireland. The Irish leaders, +we were told, accepted the proposal, just as we are told that they +accept the proposed constitution of 1893. If the acceptance was honest, +then in 1886 they agreed to a bargain far more favourable to England +than the contract now pressed on our acceptance. If their acquiescence +was a mere pretence, what trust can we place in the assertion that they +accept the arrangement of 1893? + +However this may be, it is clear that England is now offered a position +of weakness and of inferiority such as she has never occupied during the +whole course of her history. What is the meaning or justification of the +proposed surrender by England of every compensation for Irish Home Rule +which was offered her in 1886? + +For this surrender Gladstonians assign but two reasons. + +The presence of the Irish members at Westminster is, it is said, a +concession to the wishes of Unionists. + +This plea, even were it supported by the facts of the case, would be +futile. It might pass muster with disputants in search of a verbal +triumph, but to any man seriously concerned for the welfare of the +nation must appear childishly irrelevant. The welfare of the State +cannot turn upon the neatness of a _tu quoque_; retorts are not reasons, +and had every Unionist, down from the Duke of Devonshire to the present +writer, pressed in 1886 for the retention of the Irish members at +Westminster, the controversial inexpertness of the Unionists seven years +ago would not diminish the dangers with which, under a system of Home +Rule, the presence of the Irish members at Westminster actually +threatens England. But the plea, futile as it is, is not supported by +fact. It rests on a misrepresentation of the Unionist position in 1886. + +'The case in truth stands thus:--Mr. Gladstone was [in 1886] placed in +effect in this dilemma: "If you do not," said his opponents, "retain the +Irish representatives at Westminster, the sovereignty of the British +Parliament will be, under the terms of your Bill, no more than a name; +if you do retain them, Great Britain will lose the only material +advantage offered her in exchange for the local independence of +Ireland." Gladstonians, in substance, replied that the devices embodied +in the Government of Ireland Bill at once freed the British Parliament +from the presence of the Parnellites and safeguarded the sovereignty of +the British, or (for in this matter there was some confusion) of the +Imperial Parliament. On the latter point issue was joined. The other +horn of the dilemma fell out of sight, and some Unionists, rightly +believing that the Bill as it stood did not preserve the supremacy of +the British Parliament, pressed the Ministry hard with all the +difficulties involved in the removal of the Irish members. In the heat +of debate speeches were, I doubt not, delivered in which the argument +that you could not, as the Bill stood, remove the Irish members from +Westminster and keep the British Parliament supreme in Ireland, was +driven so far as to sound like an argument in favour of, at all costs, +allowing members from Ireland to sit in the English Parliament. Those +who appeared to fall into this error were, it must be noted, but a +fraction of the Unionist Party, and their mistake was little more than +verbal. When the Ministry maintained that the removal of the Irish +members from Westminster was a main feature of their Home Rule policy, +opponents naturally insisted upon the defects of the scheme laid before +them, and did not insist on the equal or greater defects of a plan which +the Government did not advocate. Mr. Gladstone, we are now told, has +changed his position, and assents to the principle that Ireland must be +represented in the British Parliament. If this assent be represented as +a concession to the demands of Unionists, my reply is that it is no such +thing. It is merely the acceptance of a different horn of an +argumentative dilemma. Grant for the sake of argument (what is by no +means certain) that the supremacy of the Imperial Parliament is really +saved. The advantage offered to England in exchange for Home Rule is +assuredly gone. My friend, Mr. John Morley, used to argue in favour of +Home Rule from the necessity of freeing the English Parliament from +Parnellite obstruction. As a matter of curiosity, I should like to know +what he thinks of a concession which strikes his strongest argumentative +weapon out of his hands. My curiosity will be satisfied on the same day +which tells us Lord Spencer's reflections on the surrender of the policy +represented by the Land Purchase Bill. Meanwhile, I know well enough the +thoughts of every Unionist who is not tied by the exigencies of his +political antecedents or utterances. To say that in the eyes of such a +man the proposed concession is worthless, is to say far too little. It +is not a concession which he rates at a low price; it is a proposal +which he heart and soul condemns.'[54] + +These words were not written to meet the present condition of the +controversy; they were published in 1887 at a time when no Gladstonian, +except Mr. Gladstone (if indeed he were an exception), knew whether the +retention in the Parliament at Westminster, or the exclusion from the +Parliament at Westminster, of the Irish members, was an essential +principle of Home Rule. + +England again, it is alleged, suffers without murmuring all the +inconvenience caused by the Irish vote at Westminster; and she may well, +under a system of Home Rule, bear without complaint evils which she has +tolerated for near a century. + +The answer to this reasoning is plain. It is a sorry plea indeed for a +desperate innovation that it leaves the evils of the existing state of +things no worse than they now are. For the sake of the maintenance of +the Union, which Unionists hold of inestimable value, England has borne +the inconvenience caused to her by the Irish vote. It argues simplicity, +or impudence, to urge that England should continue to bear the +inconvenience when the national unity is sacrificed for the sake of +which it was endured. But the reply does not stop here. The presence of +Irish members at Westminster under the new constitution increases and +stereotypes the evils, whatever their extent, now resulting from the +existence of 103 Irish members in the House of Commons. The evils are +increased because the Irish members are turned into a delegation from +the Irish State, and their action ceases to be influenced, as it now is, +by the consideration--a very important one--that the Imperial Parliament +not only in theory but in fact legislates for Ireland, and that the +English Cabinet controls the Irish administration and directs the course +of political promotion in Ireland. The sentiment and the interest of the +Irish members will be changed. Whether they come from North or South +they will be representatives of Ireland, and will naturally and rightly +consider themselves agents bound in every case to make the best bargain +they can for Ireland as against the United Kingdom, or, in plain +language, as against England. They will no longer feel it their interest +to keep in power the English party which they think will best govern +Ireland, for with the government of Ireland the Imperial Parliament +will, as long as the new constitution stands, have no practical concern. +No honest Home Ruler supposes that, if the Home Rule Bill passes into +law, the Imperial Parliament will, even should the tragedy of the +Phoenix Park be repeated in some more terrible form, pass a Crimes Act +for Ireland; to the Irish Government will belong the punishment of Irish +crime. No interest will therefore restrain the Irish delegation from +swaying backwards and forwards between the two English parties, in +order to obtain from the one or the other some momentary advantage, or +some lucrative concession, to the Irish people. Intrigue will be +pardonable, diplomatic finesse will become a duty. This evil no doubt in +some degree exists, but under the present state of things it admits of +diminution. A just redistribution of the franchise will undoubtedly +lessen the number of Ireland's representatives, whilst it will increase +the relative importance, if not the actual numbers, of loyalists in the +representation of Ireland. The gradual settlement of the land question, +as Unionists believe, will further strike at the true root of Irish +discontent, and in removing the true grievance of the Irish tenants will +diminish the strength of the party which depends for its power on the +revolutionary elements in Irish society. But all chance of mitigating +the inconvenience inflicted upon England by the presence of the Irish +members vanishes for ever when they are changed into an Irish +delegation, and are compelled by their position to be the mere +mouthpiece of Ireland's claims against England. + +The alleged reasons for the weakening of England are untenable, and, +were they tenfold stronger than they are, could not remove the flagrant +contradiction between the Gladstonian policy of 1886 and the Gladstonian +policy of 1893. + +But a contradiction which cannot be removed may be explained. + +The withdrawal of the Irish members from Westminster might give Ireland +the chance of obtaining some of the benefits, and compensate England for +some of the evils, of Home Rule. But however this may be, one result it +would produce with certainty; it would dash the Gladstonian party to +pieces. The friends of Disestablishment, the Welsh, or the Scottish, +Home Rulers, the London Socialists, all the revolutionists throughout +the country, know that with the departure of the Irish representatives +from Westminster their own hopes of triumph must be indefinitely +postponed. England is the stronghold of British conservatism, and an +arrangement which leaves the fate of England in the hands of Englishmen +may be favourable to reform, but is fatal to revolution. Has this fact +arrested the attention of Gladstonians? I know not. It is an unfortunate +coincidence that the least defensible portion of an indefensible policy +should, while it threatens ruin to England, offer temporary salvation to +the party who rally round Mr. Gladstone.[55] + + +C. _The Powers of the Irish Government_ + +I. _The Irish Executive_. At the head of the Irish Executive will +nominally stand the Lord Lieutenant; he will however in reality occupy +the position of a colonial Governor, and be, for most purposes, little +more than the ornamental figure-head of the Irish Administration. The +real executive government of Ireland[56] must be a parliamentary +Ministry or Cabinet[57] chosen in effect, though not in name, by the +Irish Parliament, or rather by the Irish Legislative Assembly, or House +of Commons, just as the English Cabinet is appointed in effect by the +English House of Commons. Allowing then for the occasional intervention +of the Lord Lieutenant as the representative of the Imperial Parliament +to protect either the interests of the Empire or the special rights of +the United Kingdom,[58] the Irish Ministry is to occupy in Ireland the +position which the New Zealand Ministry occupies in New Zealand, and +will for most purposes as truly govern Ireland as the New Zealand +Ministry governs New Zealand, or as Mr. Gladstone's Ministry governs +England. The Irish Ministry will be the true Government of Ireland. + +This is a fact to which the attention of the English public ought to be +sedulously directed. The creation of an independent Irish Parliament +strikes the imagination; it is seen to be an innovation of primary +importance. The creation of an independent Irish Cabinet or Ministry is +taken as a matter of course, and neither Unionists nor Gladstonians see +its full import. Yet in Ireland, as elsewhere, the character of the +Executive is of more practical consequence than the character of the +Legislature. A country may dispense, for a long time, with legislation; +no country can dispense with good government. + +This principle holds good even in an orderly country such as England, +where the sphere of the administration is far less extended than it is +in most States. We might get on for a good while prosperously enough +without a Parliament, or without new laws, but if anything deprived us +even for a week of an Executive, or if, for any reason, the whole spirit +of the public administration were changed, every Englishman would feel +this portentous revolution in every concern of his daily life. The +protection of the Government, of the army, of the police, of the law +courts, are with us so much matters of course, that we never realise how +much the comfort and prosperity of our existence hang upon it, nor do we +reflect that the aid we derive from the Courts is in the last instance +dependent upon the decisions of the judges being actively supported by +the forces at the command of the executive power. Again, we are so used +to the preservation on the part of the Executive and the Courts of an +attitude of perfect impartiality and to the extension of their aid to +all citizens alike, that we can hardly even in imagination conceive what +would be the condition of things if the public administration favoured +particular classes and looked askance on the rights of one class, whilst +it enforced with rigour the rights of another. Yet events which have +been passing before our eyes may show any one how absolutely dependent +we may be, at any moment, for our enjoyment of life, property, or +freedom upon the authority and the equity of the Executive. Consider the +strike at Hull. Practically the legal rights and personal freedom of +every inhabitant of the city depend upon the action of the Government. +It is as plain as day that if the Government had taken actively and +unfairly the side of one party or the other to the contest, the party +which the Government favoured would at once have won. Suppose, though +the supposition is a very improbable one, that the Home Secretary had +directed the police to put down every form of picketing and to arrest +every one who counselled the free labourers to desert their employment, +the strike would come at once to an end. Suppose on the other hand--the +supposition is also a wild one--that the Home Secretary had declined to +protect the rights of the free labourers, that the troops had been +withdrawn, and that the police had been inactive; suppose, in short, +that the Government had been careless to maintain order. The Trade +Unionists would at once have become supreme, and freedom of contract, as +well as liberty of person, would have been at once abolished. Even in +England then the power to exercise our rights as citizens has its source +in the constant, though unobserved, intervention of the executive power. +What is true of England is truer still of countries where the sphere of +the administration is more widely extended than with us, and what is +true of every civilised country is truest of all of Ireland. Ireland is +a country where the sphere of the administration is large, and where it +will probably be increased. Ireland is divided by hostile factions not +too much prone to respect the law. Even as things stand, the Irish +Executive finds it hard enough to hold a perfectly even and level +course, and the whole state of the country depends upon the spirit in +which the law is enforced. One of the very gravest defects of our +present system is that in Ireland a change of government means, to a +certain extent, a change in the administration of the law. Yet both Mr. +Balfour and Mr. Morley have enforced the law, and have meant, according +to their lights, to act towards all citizens with equitable +impartiality. And Mr. Balfour, Mr. Morley, or any statesman appointed by +the Imperial Parliament, is likely to act with more fairness than at the +present moment would any Executive chosen by any Irish Parliament. One +thing, at any rate, is certain. An independent Irish Executive will +possess immense power. It will be able by mere administrative action or +inaction, without passing a single law which infringes any Restriction +to be imposed by the Irish Government Act, 1893, to effect a revolution. +Let us consider for a moment a few of the things which the Irish Cabinet +might do if it chose. It might confine all political, administrative, or +judicial appointments to Nationalists, and thus exclude Loyalists from +all positions of public trust. It might place the Bench,[59] the +magistracy, the police wholly in the hands of Catholics; it might, by +encouragement of athletic clubs where the Catholic population were +trained to the use of arms, combined with the rigorous suppression of +every Protestant association suspected, rightly or not, of preparing +resistance to the Parliament at Dublin, bring about the arming of +Catholic and the disarming of Protestant Ireland, and, at the same time, +raise a force as formidable to England as an openly enrolled Irish army. +But the mere inaction of the Executive might in many spheres produce +greater results than active unfairness. The refusal of the police for +the enforcement of evictions would abolish rent throughout the country. +And the same result might be attained by a more moderate course. Irish +Ministers might in practice draw a distinction between 'good' landlords +and 'bad' landlords, and might grant the aid of the police for the +collection of reasonable, though refusing it for the collection of +excessive rents, and might at last magnanimously recognise the virtues +of Mr. Smith-Barry, whilst passing a practical sentence of outlawry on +Lord Clanricarde. Is there anything absurd or unreasonable in the +supposition that a Ministry of Land Leaguers chosen by a Parliament of +Nationalists should attempt to enforce the unwritten law of the Land +League? A Gladstonian who answers this question in the affirmative +entertains a far lower opinion than can any candid Unionist of Mr. +Gladstone's Irish allies. It would be the grossest unfairness to suggest +that every man convicted of conspiracy by the Special Commission added +to criminality and recklessness a monstrous form of hypocrisy, and that, +whilst urging Irish peasants to boycott evictors and land-grabbers, he +felt no genuine moral abhorrence of evictions and land-grabbing. But if, +as is certainly the case, the founders of the Land League really +detested the existing system of land tenure, and considered a landlord +who exacted rent a criminal, and a tenant who paid it a caitiff, it is +as certain as anything can be that they will be under the greatest +temptation, not to say, in their own eyes, under a stringent moral +obligation, to strain the power of an Irish Executive for the purpose of +abolishing the payment of rent. Nothing, at any rate, will seem to an +Irish Ministry more desirable than that within three years[60] from the +passing of the Bill landlords and tenants should come to an arrangement, +and nothing is more likely to produce this result than the withdrawal +from the landlords of the aid, if not the protection, of the law. My +argument, however, at the present point does not require the assertion +or the belief that an Irish Ministry will be guilty of every act of +oppression which it can legally commit. All that I insist upon is that +an Irish Ministry will exercise immense power, and that without +violating a letter of the constitution, and without passing a single act +which any Court whatever could treat as void, the Ministry will be able +to change the social condition of Ireland. The Irish Cabinet, remember, +will not be checked by any Irish House of Commons, for it will represent +the majority of that House. It will not need to fear the interposition +of the Imperial Ministry or the Imperial Parliament, for if the +authorities in England are to supervise and correct the conduct of the +Irish Cabinet, Home Rule is at an end. Mr. Asquith has repudiated all +idea of creating two Executives in Ireland[61] for the ordinary purposes +of government, and from his own point of view he is right. The notion of +a dual control is preposterous; the attempt to carry it out must involve +anarchy or revolution. The Irish Ministry must in ordinary matters be at +least as free as the Ministry of a self-governing colony. The +independence of the Irish Executive is indeed a totally new phenomenon +in Irish history, and is, as I have said, a far more important matter +than the independence of the Irish Parliament, but it is an essential +feature of Home Rule, and every elector throughout England should try to +realise its import. + +One check, indeed, is placed upon the power of the Irish Cabinet. The +military forces of the Crown, and the Royal Irish Constabulary and +Dublin Metropolitan Police (as long as they exist[62]), are subject to +the control of the Imperial or English Ministry.[63] The result is that +the English Cabinet will have the means of using force in Ireland for +the maintenance of order, for the execution of the law, or for the +maintenance of the authority of the Imperial Parliament. But this +advantage is after all purchased at the price of placing the country +under the rule of something very like two Executives. If the policy of +the Irish Cabinet, _e.g._ as to suppressing a riot at Dublin or Belfast, +should differ from the policy of the English Cabinet, the ordinary +police may be called into action whilst the army or the royal +constabulary stand by inactive, or the army may disperse a meeting which +the Irish Ministry hold to be a lawful assembly. + +II. _The Irish Parliament._ The authority of the Irish Parliament, +whilst acting within the limits of the constitution, is extremely +wide.[64] + +The Parliament appoints the Irish Government of the day; it will +determine whether Mr. M'Carthy or Mr. Redmond, Mr. Healy or Mr. Davitt, +directs the Irish Administration. In this matter the British Government +will have no voice. The English Ministry are under the new constitution +expected in many ways to co-operate with the Irish Ministry, yet it is +quite conceivable that the Ministers of the Crown at Dublin may be men +whose whole ideas of expediency, of policy, of political morality, may +be opposed to the ideas of the Ministers of the Crown at Westminster. + +The Irish Parliament, again, even if every Restriction on its powers +inserted in the Home Rule Bill should pass into law, will be found to +have ample scope for legislative action.[65] + +It can repeal[66] any Act affecting Ireland which was enacted before the +passing of the Home Rule Bill. Thus it can do away with the right to the +writ of _habeas corpus_; it can abolish the whole system of trial by +jury; it can by wide rules as to the change of venue expose any +inhabitant of Belfast, charged with any offence against the Irish +Government, to the certainty of being tried in Dublin or in Cork. If an +Irish law cannot touch the law of treason or of treason-felony, the +leaders of the Irish Parliament may easily invent new offences not +called by these names, and the Parliament may impose severe penalties on +any one who attempts by act or by speech to bring the Irish Government +into contempt. A new law of sacrilege may be passed which would make +criticism of the Irish priesthood, or attacks on the Roman Catholic +religion, or the public advocacy of Protestantism, practically +impossible. The Irish House of Commons may take the decision of election +petitions into its own hands, and members nominated by the priests may +determine the proper limits of spiritual influence. Thus the party +dominant at Dublin can, if they see fit, abolish all freedom of +election; nor is this all that the Irish Parliament can accomplish in +the way of ensuring the supremacy of an Irish party. After six years +from the passing of the Home Rule Bill--let us say in the year 1900--the +Irish Parliament can alter the qualification of the electors and the +distribution of the members among the constituencies. Parliament can in +fact introduce at once universal suffrage, and do everything which the +ingenuity of partisanship can suggest for diminishing the +representation of property and of Protestantism. If, further, in any +part of Ireland there be reason to fear opposition to the laws of the +Irish Parliament, a severer Coercion Act may be passed than any which +has as yet found its way on to the pages of the English or the Irish +Statute Book. Worse than all this, the Irish Parliament has the right to +legislate with regard to transactions which have taken place before the +passing of the Home Rule Bill. An Act inflicting penalties on +magistrates who have been zealous in the enforcement of the Crimes Act, +an Act abolishing the right to recover debts incurred before 1893, an +Act for compensation to tenants who had suffered from obedience to the +behests of the Land League, are all Acts which, however monstrous, the +Irish Parliament is, under the new constitution, competent to pass. + +My assertion is, be it noted, not that all or any of such laws would be +passed, but that the passing of them would, under the new constitution, +be legal. The Irish Parliament could further by its legislation pursue +lines of policy opposed to the moral feeling and political judgment of +Great Britain, and this too where Irish legislation practically affects +Great Britain. State lotteries might be re-established, gambling tables +might be re-opened at Dublin. If the imposition of protective duties on +imported goods is forbidden, there is nothing apparently to prevent the +reintroduction of Protection into Ireland by the payment of bounties; +there is certainly nothing to prohibit the repeal or suspension of the +Factory Acts, so that English manufacturers might be compelled to +compete with Irish rivals who are freed from the limits imposed upon +excessive labour by the humanity or the wisdom of England. The power of +the Irish Parliament to pass laws which in the eyes of Englishmen are +unwise or inequitable, is, it will be urged, an essential part of the +policy of Home Rule. I admit that this is so. But this makes it the more +necessary that English electors should realise what this essential +characteristic of Home Rule means, or may mean. The Nonconformist +conscience exposed Irish Home Rulers to painful humiliation and possible +ruin by forbidding them to follow the political leader of their choice +to whom they had deliberately renewed their allegiance. Is it certain +that Englishmen who could not tolerate the official authority of Mr. +Parnell will bear the official leadership, say of Mr. Healy, if employed +to carry out the economical principles of Mr. Davitt? + +The legislative powers, ample as they are, of the Irish Parliament are +in some respects restricted, but what the Parliament cannot accomplish +by law it could accomplish by resolution. The expressed opinion of a +legislature entitled to speak in the name of the people of Ireland must +always command attention, and may exert decisive influence. Suppose that +the Irish House of Commons asserts in respectful, but firm, language, +the right of the Irish people to establish a protective tariff; suppose +that when England is engaged in a diplomatic, or an armed, contest with +France, the Irish House of Commons resolves that Ireland sympathises +with France, that Ireland disapproves of all alliance with Germany, that +she has no interest in war, and wishes to stand neutral; or suppose +that, taking another line, the Irish Parliament at the approach of +hostilities resolves that the people of Ireland assert their inherent +right to arm volunteers, or raise an army in their own defence. No +English Minister can allege with truth that these resolutions or a score +more of the same kind are a breach of the constitution; yet such +resolutions will not be without their effect in England; they cannot be +without their effect abroad; in many parts of Ireland they will have +more than the authority of an Act of Parliament. + +Assume, for the purpose of my argument, that the Irish Parliament always +acts absolutely within the limits or the letter of the constitution, +though to make this assumption is to substitute unreasonable hopes for +rational expectations. What Englishmen should note, because they do not +yet understand it, is that within the limits of the constitution the +Irish Cabinet and the Irish Parliament possess and must possess the most +extensive powers, and that these powers may be used in ways which would +surprise and shock the British public, and impede and weaken the action +of the Imperial, or English, Government. + + +D. _The Restrictions (or Safeguards) and the Obligations_ + +I. _Their Nature_. The limitations on the power of the Irish Legislature +are of a twofold character. + +The Restrictions contained in clause 3 of the Bill are intended to +restrain the Irish Parliament from acting as the representative body of +an independent nation. This clause invalidates for example acts with +respect to the Crown or the succession to the Crown, with respect to +peace or war, with respect to the naval or military forces of the realm, +with respect to treaties or other relations with foreign states, and +with respect to trade with any place out of Ireland, which apparently +includes the imposition of a protective tariff. + +The Restrictions[67] contained in clause 4 may be roughly divided into +three heads; first, prohibitions intended to ensure the maintenance of +absolute religious equality[68]; secondly, prohibitions intended to +prevent injustice to individuals, such as deprivation of life, liberty, +or property without due process of law, denial of equal protection of +the law, the taxing of private property without due compensation, or the +unfair treatment of any existing corporation; thirdly, a provision +prohibiting any law which deprives any inhabitant of the United Kingdom +of equal rights to public sea fisheries.[69] + +On these Restrictions it were easy to write an elaborate treatise. +Should our new constitution ever come into force, they will give rise to +a whole series of judgments, and to lengthy books explanatory thereof. +The language in which the Restrictions are expressed is in many cases +exceptionable. No lawyer will venture to predict what for instance may +be the interpretation placed by the Courts on such expressions as 'due +process of law,' 'just compensation,' and the like, and it is more than +doubtful whether the so-called safeguards are so expressed as to carry +out the intention of their authors, or, even in words, adequately to +protect either the authority of the Imperial Parliament or the rights of +individuals. But it is not my purpose to criticise the Restrictions, or +the Bill itself, in detail. The drafting of the Government of Ireland +Bill needs much amendment, but at the present juncture it is waste of +time to criticise defects removable by better draftmanship or by slight +changes in the substance of the measure. My object is to dwell on such +points relating to the Restrictions as show their bearing on the +character of the new constitution.[70] + +_First._ The Restrictions are one and all of them limits upon the +powers of the Irish Parliament; they are none of them limits upon the +powers of the Irish Executive. The new constitution does not +contain--from its nature it hardly could contain--a single safeguard +against abuse of power by the Irish Ministry or its servants. Yet in all +countries there is far more reason to dread executive than parliamentary +oppression, and this is emphatically true of Ireland. + +_Secondly._ The Restrictions contain no prohibition against the passing +of an Act of Indemnity. + +Yet of all the laws which a Legislature can pass an Act of Indemnity is +the most likely to produce injustice. It is on the face of it the +legislation of illegality; the hope of it encourages acts of vigour, but +it also encourages violations of law and of humanity. The tale of +Flogging Fitzgerald in Ireland, or the history of Governor Eyre in +Jamaica, is sufficient to remind us of the deeds of lawlessness and +cruelty which in a period of civil conflict may be inspired by +recklessness or panic, and may be pardoned by the retrospective sympathy +or partisanship of a terror-stricken or vindictive Legislature. +Circumstances no doubt may arise in Ireland, as in other countries, +under which the maintenance of order or the protection of life may +excuse or require deviation from the strict rules of legality. But the +question, whether these circumstances have arisen, will always be +decided far more justly by the Parliament at Westminster than it can be +decided by the Parliament at Dublin. Can any one really maintain that a +Parliament in which Mr. Healy, or, for that matter, Col. Saunderson, +might be leader, would be as fair a tribunal as a Parliament under the +guidance of Mr. Gladstone or Lord Salisbury for determining whether an +officer who, acting under the direction of the Irish Government and with +a view to maintain order at Belfast or at Dublin, should have put an +agitator or conspirator to death without due trial, had or had not done +his duty. + +_Thirdly._ There is among the Restrictions no prohibition against the +passing of an _ex post facto_ law. Yet an _ex post facto_ law is the +instrument which a legislature is most apt to use for punishing the +unpopular use of legal rights. There is not a landlord, there is not a +magistrate, there is not a constable in Ireland, who may not tremble in +fear of _ex post facto_ legislation. There is no reason, as far as the +Home Rule Bill goes, why the gaoler who kept Mr. William O'Brien in +prison or the warders who attempted to pull off his breeches, should not +be rendered legally liable to punishment for their offences against the +unwritten law of Irish sedition. No such monstrosity of legal inequity +will, it may be said, be produced. I admit this. But the very object of +prohibitions is the prevention of outrageous injustice. The wise +founders of the United States prohibited both to Congress and to every +State legislature the passing of _ex post facto_ legislation. If any man +hint that it be an insult to Ireland to anticipate the possible +injustice of an Irish Parliament, my reply is simple. No Irishman need +resent as an insult prohibitions which were not felt to be insulting +either by the citizens of America or the citizens of Massachusetts. + +_Fourthly._ The Restrictions on the powers of the Irish Parliament do +not contain any safeguard against legislation which sets aside +contracts. + +This is remarkable, not to say ominous. The Gladstonian constitution has +been drawn up by legislators who profess to profit by the experience of +America. Under the Constitution of the United States[71] no State can +pass any law 'impairing the obligation of a contract.' This provision +has kept alive throughout the Union the belief in the sacredness of +legal promises. It embodies a principle which lies at the bottom of all +progressive legislation. It gives the best guarantee which a +constitution can give against the most insidious form of legislative +unfairness; it embodies a doctrine which all legislatures are likely to +neglect and which an Irish Parliament is more likely to neglect than any +other legislature, for in Ireland there exist contracts which do not +command popular approval, and the Imperial legislation of twenty years +and more has taught the Irish people that agreements which do not +command popular approval may, without breach of good faith, be set aside +by legislative enactment. We all know further that reforms, or +innovations, are desired by thousands of Irishmen which cannot be +carried into effect unless the obligation of contracts be impaired. Why, +then, have statesmen who borrow freely from the Constitution of the +United States omitted the most salutary of its provisions from our new +constitution? + +The official reply is at any rate singular; it is apparently[72] that +the section of the United States Constitution which invalidates any law +impairing the obligation of a contract has given much occupation to the +Courts of America. This answer is on the face of it futile; it urges the +proved utility of a law as a reason for its not being enacted; as well +suggest that because the criminal courts are mainly occupied with the +trial of thieves there ought to be no law against petty larceny, or that +because the labours of the Divorce Court increase year by year, the law +ought not to permit divorce. The absurdity of the official reply +suggests the existence of some reason which the defenders of this +strange omission are unwilling clearly to allege. The true reason why +the founders of the new constitution have omitted in this instance to +copy a polity which they profess to admire is not hard to discover. An +enactment which enjoined an Irish Parliament to respect the sanctity of +a contract would be fatal to any remodelling of the Irish land law which +tended towards the spoliation of landowners. Yet this very fact makes +the matter all the more serious. That British statesmen should under +these circumstances deliberately decline to insert an injunction to +respect the sanctity of plighted good faith is much more than an +omission. It amounts to the suggestion, almost to the approval, of +legislative robbery; it is a proclamation that as against landlords, as +against creditors, as against any unpopular class, the Imperial +Parliament sanctions the violation of good faith. To the Irish +Parliament the authors of the new constitution in effect say: 'You may +raise no soldiers, you may not yourselves summon volunteers for the +defence of your country, you shall not impose customs on foreign goods, +and are therefore forbidden to follow a policy of protection approved of +by every civilised State except England; you shall neither establish nor +endow a church, you shall not by providing salaries for your priesthood +at once lighten the burdens of the flock, and improve the position of +the pastor; these things, not to speak of many others, you are forbidden +to do, though there are many wise statesmen who deem that the courses of +action from which you are debarred would conduce to the dignity and the +prosperity of Ireland; but there is one thing which you may do, you may +sanction breach of faith, you may encourage dishonesty, you may enjoin +fraud, you may continue to teach the worst lesson which the vacillation +of English government has as yet taught the Irish people, you may drive +home the conviction that no man need keep a covenant when the keeping +thereof is to his own damage.' This is the message of political morality +which the last true Parliament of the United Kingdom hands over to the +first new Parliament of Ireland. + +II. _Their Enforcement._ The nature of the Restrictions imposed upon +the Parliament, and indirectly upon the Government of Ireland, is of far +less importance than are the means provided for their enforcement. A law +which is not enforceable is a nullity; it has in strictness no +existence. + +The methods provided by the Home Rule Bill for keeping the Irish +Parliament within its proper sphere of legislative activity are two in +number--the veto of the Lord Lieutenant, and the action of the Courts. + +_The Veto._ This is little more than an empty sham, for it must in +general be exercised on the advice of the Irish Cabinet; in other words +it will never be exercised at all.[73] Were the matter not so serious +there would be something highly amusing in the conduct of +constitution-makers who, intending to provide against unconstitutional +legislation on the part of the Irish Parliament, provide that the Irish +Cabinet, who are practically appointed by the Irish Parliament, and who +direct its legislation, shall have power to veto Bills passed by the +Irish Parliament presumably on the advice of the Irish Cabinet. + +The English Ministry no doubt may, if they see fit, instruct the Lord +Lieutenant to veto a given Bill. So also the Imperial Parliament has +authority to repeal or override any Act, constitutional or +unconstitutional, passed by the Irish Parliament. Each power stands on +the same footing, neither is meant for ordinary use; either is a means +of legal revolution. The veto of the Crown means little in New Zealand; +it will at best mean no more in Ireland; but in truth it will mean a +good deal less. New Zealand sends no member to Westminster to stay the +hand of the Imperial Government whenever it attempts by way of veto or +otherwise to put in force the reserved powers of the Imperial +Parliament.[74] + +_The Privy Council and the Courts_. The English Privy Council[75] may +nullify the effect of Irish legislation in two ways. + +It may as an administrative body give a decision that an Act is +void.[76] This power can by exercised only upon the application of the +Lord Lieutenant or a Secretary of State, and it is a power which we may +expect will be but rarely employed, for its use would at once give rise +to a direct conflict between the Irish Parliament and the English Privy +Council. Let it be noted in passing that this provision for the decision +of constitutional questions is foreign to the habits and traditions of +English Courts; no judge throughout the United Kingdom ever pronounces +a speculative opinion upon the extent, operation, or validity of an Act +of Parliament. It is the inveterate habit of our judges to deal with +particular cases as they come before them, and with particular cases +alone. They will find themselves greatly perplexed when they come to +pronounce judgment upon abstract questions of law. This is not all. The +proposed arrangement is as foreign to the spirit of American Federalism +as it is to the spirit of English law. The Supreme Court of the United +States never in strictness pronounces an Act either of Congress or of a +State Legislature void. What the Court does is to treat it as void in +the decision of a particular case. Tocqueville and other critics have +directed special attention to the care with which the Federal tribunals, +by dealing only with given cases as they arise, avoid as far as possible +coming into conflict with any State. They determine the rights of +individuals; they do not determine directly what may be the legislative +competence of the State, or for that matter of the Federal, +Legislature.[77] The extraordinary power given to the Privy Council +violates a fundamental principle of federalism, which by the way is +violated in other parts of the Home Rule Bill. It brings, or tends to +bring, the central power, represented in this case by the Privy Council, +into direct conflict with one of the States of the Federation.[78] + +The English Privy Council, or, in strictness, the Judicial Committee of +the Privy Council, is under the new constitution constituted a Final +Court of Appeal from every Court in Ireland.[79] + +The Privy Council also is the Court of Appeal from a new kind of +Imperial, or as one may say 'Federal,' judiciary, specially formed for +the determination of matters having relation to the competence of the +Irish Parliament. + +This Imperial or Federal judiciary consists of the two Exchequer Judges +of the Supreme Court in Ireland; they are appointed under the Great Seal +of the United Kingdom, and therefore by the English Ministry. Their +salaries are charged on the Consolidated Fund of the United Kingdom, and +they are removable only on an address to the Houses of the Imperial +Parliament. They constitute therefore an Imperial not an Irish Court. +Before this Court may be brought on the application of any party thereto +any legal proceedings in Ireland which _inter alia_ 'touch any matter +not within the power of the Irish Legislature, or touch any matter +affected by a law which the Irish Legislature has not power to repeal or +alter.'[80] With the details of these arrangements I need not trouble my +readers; the point to notice is that, whenever in any proceeding in +Ireland the validity or constitutionality of an Irish Act can come into +question, the matter may, at the wish of any party concerned, and in +many cases apparently must be, brought before an Imperial or in effect +British Court--the Exchequer Judges--and be determined by them subject +to an appeal to another Imperial or British Court, viz. the Privy +Council. Note further that to the Exchequer Judges are given special +powers for the enforcement of any judgment of their Court. If the +Sheriff does not give effect to their judgment, they may appoint any +other officer with the full rights of a Sheriff to enforce it.[81] + +Here then we have the machinery of the Imperial, or Federal, Judicature. +To put the matter simply, the Restrictions imposed on the Irish +Parliament depend for their effectiveness on judgments of the Privy +Council enforced by the Exchequer Judges. + +Consider how the whole arrangement will work.[82] The theoretical +operation of the scheme is clear enough. _A_ sues _X_ in an Irish Court, +say, to simplify matters, before the Exchequer Judges, for £1,000 due to +_A_ for rent. _X_ bases his defence on an Act of the Irish Parliament, +drawn by Irish statesmen, and approved presumably by Irish electors. _A_ +questions the constitutionality of the Act. The Exchequer Judges are +divided in opinion. The matter at last comes before the Privy Council. +The Privy Council pronounce the Act void, and give judgment in _A's_ +favour. He has a right to recover the £1,000 from _X_. The whole +question in theory is settled. The law is unconstitutional, the law is +void; _A_ has obtained judgment. But can the judgment be enforced? This +is the essential question; for the object of a plaintiff is to obtain +not judgment but payment or execution. What then are the means for +enforcing the judgment of the Privy Council when it is not supported by +Irish opinion, when it sets aside an Act of the Irish Parliament, and +when it may possibly be opposed to the decision, in a similar case, of +an Irish Court? The means are the action of the Sheriff. What if the +Sheriff is a strong Nationalist, and makes default? The only thing to be +done is to appoint an officer empowered to carry out the decree of the +Court. Of course if the Irish Ministry are bent on enforcing the +judgment, if the Exchequer Court, whose judgment, it may be, has been +overruled, is zealous in supporting the authority of the Privy Council, +if the Irish people are filled with reverence for tribunals which are +really English Courts, all will go well. But Mr. Gladstone himself +cannot anticipate that novel constitutional machinery will work with +ease, or that on the passing of the Home Rule Bill the disposition, the +traditional feelings, and the sympathies of the Irish populace will be +changed. Suppose that _A_ is Lord Clanricarde; suppose that _X_ is an +evicted tenant. It is not common sense to believe that the judgment in +his lordship's favour will as a matter of course take effect. At the +present moment the Irish Courts, backed by the whole authority of the +Imperial Government and the Irish Executive, often find a difficulty in +enforcing their judgments. Will English Courts find it easy to give +effect to a judgment in Ireland if the Irish Executive and its servants +stand neutral or hostile? What if the Irish House of Commons turn out as +unwilling that force should be used for enforcing the decree of the +Privy Council as are some English Radicals that force shall be employed +for the protection of free labourers against Trades Unionists? What if +the officer of the Court is in fact some bailiff trembling for his own +life? He may, I am told, call in the military. Of his authority to do +this I am not quite sure. He must, I suppose, in the first instance +apply to the Irish Home Secretary. The Irish Minister pressed by the +opposition turns a deaf ear to the appeal of the bailiff. Application +must then be made in some form or other to the English Ministry. The +Imperial Cabinet will think more than once before horse, foot, and +artillery are, against the wish of the Irish Government, put in movement +to enforce the judgment of a British Court, and to obtain £1,000 for +Lord Clanricarde. The matter will have become serious; the dignity of +the Irish nation will be at stake; the complaints of the plaintiff will +be drowned by the indignant clamours of eighty members at Westminster. +The essential principle of the new constitution is that there shall be +but one Executive in Ireland. The moment that the British Government +intervenes to support the judgment of British Courts, we have in Ireland +two hostile Executives. We tremble on the verge either of legal +revolution or of civil war. An English Cabinet, I suspect, will hardly +enforce the unpopular rights of a hated plaintiff by use of arms. + +Why, it will be said, assume that the Irish Government and the Irish +people will not enforce the law? The assumption, I answer, is justified +not only by the history of Ireland, but by general experience. In all +federations, even the best ordered, difficulties constantly arise as to +the sphere of the Federal Government and the State Governments, and as +to the enforcement of judgments delivered by Federal Courts. The +authority of the federal tribunals has not always been easily enforced +even in the United States. Serious difficulties hamper the action of the +Swiss federal authorities. Even in England enthusiasm or conviction +occasionally triumphs over legality. English clergymen are at least as +reasonable as excited politicians, yet Ritualists have not invariably +submitted to the authority of the Privy Council. Why should Irishmen be +more reasonable than other men? In Ireland we are trying an entirely +novel and dangerous experiment; we are fostering the spirit of +nationality under the forms of federation. The Privy Council, hide the +matter as you will, represents British power. If Ireland is a nation, +the Government of Great Britain is an alien Government; the judgments of +the Privy Council are the judgments of an alien Court, and reason +forbids us to expect more submission to the decisions of an alien +tribunal than to the laws of an alien legislature. + +Suppose, however, that British judgments are enforced by the British +army. Is this a result in which any Englishman or Irishman could +rejoice? Can we say that the new constitution works well when its real +and visible sanction is the use of British soldiers? The plain truth is +that arrangements for legally restraining the Irish Parliament within +the due limits of its powers must be ineffective and unreal and, if the +principle of Home Rule be once admitted, the widest must be the wisest +form of it. Colonial independence is better for Ireland and safer for +England than sham federalism.[83] + +Grant, however, that the judgments of the Privy Council can be enforced +more easily than I suppose, still even Gladstonians would admit that the +proper working of the new constitution depends on two presumptions. The +one is that the Irish people are under no strong temptation to oppose +the Restrictions or to throw off the obligations imposed upon the Irish +Parliament or Government. The other that they possess no ready means for +nullifying these Restrictions or obligations. + +Each of these assumptions is false. + +Restraints ineffective for the protection either of British interests or +of individual freedom may be intensely irritating to national sentiment. + +The limitations imposed on the powers of the Irish Parliament, or, in +other words, of the Irish people, are opposed to the spirit of +nationality and independence which Home Rule, it is hoped, will appease +or satisfy. They will be hateful therefore not only to that multitude +whom Gladstonians call the Irish people, but to every Irishman who is +bidden by Gladstonians to consider himself a member of the Irish nation. + +The Irish are a martial race; they excel in the practice, and delight in +the pageantry, of warfare, but they are forbidden to raise a regiment or +man a gunboat. They cannot legally raise a regiment of volunteers, they +cannot save their country from invasion. Will they permanently acquiesce +in restraints not imposed on the Channel Islands? Irishmen, Unionists no +less than Home Rulers, are mostly Protectionists, and believe that +tariffs may give to Ireland, not indeed a 'plethora of wealth,' for of +this no man out of Bedlam except Mr. Gladstone dreams, but reasonable +prosperity. Vain to argue that Protection is folly. Englishmen think so, +and Englishmen are right. But English doctrine is not accepted in +Germany, in France, in the United States, or in the British Colonies; +why should Irishmen be wiser than the inhabitants of every civilised +country, except England? The fact, in any case, cannot be altered that +most Home Rulers are Protectionists, and that many of them desire Home +Rule mainly because they desire Protection for Ireland. Yet Protection, +at any rate in the form of a tariff, they cannot have.[84] Take again +the Restrictions imposed on the endowment of religion. All English +Nonconformists, and many English Churchmen, hold these Restrictions to +be in themselves politic and just. But the one strong reason for the +concession of Home Rule is that Irishmen disagree with English notions +of policy and of justice. No one can assign any reason why Irish +statesmen, Catholics or Protestants, might not feel it a matter of duty +or of policy to endow the priesthood, to level up instead of levelling +down, to enter into some sort of concordat with Rome. It is a policy +which is distasteful to English Nonconformists and to most Irish +Protestants. But under a system of Home Rule, at any rate, English +Nonconformists have no right to dictate the policy of Ireland. There is +not the remotest reason why Restrictions on the endowments of religion +and the like should not be hateful to Irishmen. + +The limitations, in short, on the competence of the Irish Parliament are +inconsistent with the fundamental principle of Gladstonian statecraft. +It is a policy we are told of trust in the people, the limitations are +dictated by distrust of the Irish people; Home Rule is to be granted in +order that Irishmen may give effect to Irish ideas; the Restrictions are +enacted to check the development of Irish ideas, and to impose English +ideas upon the policy of Ireland. + +As though, however, the Restraints were not enough to cause first +irritation and then agitation, the financial provisions contemplated by +the Bill are in themselves certain to generate, not future, but +immediate discord. + +Of the financial arrangements instituted under the new constitution, my +purpose is to say very little. My object is not to show that Mr. +Gladstone's financial calculations are wrong, or that they are ruinous +to Ireland or unfair to England. All this is for my present purpose +immaterial. My aim is to insist that, in their very nature, they are a +cause of conflict; and that they bring the interest, and, even more, +the sentiment, of Ireland into direct opposition with the power of +England.[85] + +All the customs payable at every Irish port are to be regulated, +collected, and managed by, and to be paid into, the Exchequer of the +United Kingdom. Not a penny of these customs benefits Ireland; they are +all--and this is certainly the light in which they will appear to most +Irishmen--a contribution to the revenue of the United Kingdom, that is, +of England. If every taxable article were smuggled into Ireland, so that +not one pound of Irish customs were paid to the English treasury, the +Imperial power would lose, but the Irish State would gain. Ireland would +be delivered from a tax which will soon be called a tribute. If, +moreover, Ireland continues to be treated as financially a part of the +United Kingdom, then free smuggling, which is free trade, would make +Ireland a free port, where might be landed untaxed the goods required by +the whole United Kingdom. It is easy to see how the English revenue +would suffer, but it is equally easy to see that Irish commerce might +flourish. If I am told that the ruin of the British revenue may be +averted by the examination of goods brought from Ireland to Great +Britain--this, of course, is so. But then freedom of trade within the +United Kingdom is at an end. We are compelled, in substance, to raise an +internal line of custom houses; we abolish at one stroke one great +benefit of the Treaty of Union. + +The mode, again, in which the customs are levied outrages every kind of +national sentiment. Coast-guards, custom-house officers, and gaugers are +never popular among a population of smugglers; they will not be the more +beloved when every custom-house officer or coastguard is the +representative of an alien power, and is employed to levy tribute from +Ireland. + +Another leading feature of the financial arrangements is the charging +upon the Irish Consolidated Fund of various sums rightly due and payable +to the Exchequer of the United Kingdom.[86] They are made a first charge +upon the revenue of Ireland. They are to be paid in the last resort upon +the order of the Lord Lieutenant, acting as an Imperial officer. The +necessity for some arrangement of this kind is clear. Millions have been +lent to Ireland, and these millions must be repaid. But if the need for +some such arrangement be certain, its desperate impolicy is no less +certain. England and Ireland, the English Government and the Irish +Government, are brought into direct hostile collision. The rich English +Government appears in the light of an imperious creditor the Irish +Government stands in the position of a poverty-stricken debtor. Note, +and this is the point which should be pressed home, that in all +confederations the difficulty of exacting the money needed by the +federal government from any state of the confederacy has been found all +but insuperable. Study the history of the thirteen American colonies +between the time of the acknowledgment of their independence by England +and the formation of the United States. This has been termed 'the +critical period' of American history. The colonies were united by +recollections of common suffering and of common triumph, they were not +divided by race or religion; no State aspired to separate nationality, +yet they drifted rapidly towards anarchy; they were discontented at +home, they were powerless abroad, above all, they nearly made shipwreck +on the financial arrangements. Congress was never able, for the +satisfaction either of national needs or of national honour, to obtain +fair contributions from the different States.[87] + +Already, further, before the Home Rule Bill has passed from the hands of +the House of Commons Mr. Gladstone's very moderate demands, as they seem +to Englishmen, are held by some Irish Nationalists to be outrageous.[88] +The difference, moreover, is not a matter of calculation, to be settled +by accounts and balances, or disposed of by auditors. No one can read +the statements of Nationalists such as Mr. Redmond or Mr. Clancy without +seeing that the real difference of view lies very deep. These typical +Nationalists do not regard the United Kingdom as a nation. Ireland is +the nation. They doubt what is her interest in the British Empire; they +believe, and already hint, that the financial arrangements between the +two countries cannot be treated as a mere pecuniary transaction. Ireland +has been overtaxed and overburdened. She has claims for compensation. +All the feelings or convictions which inspired hatred of Irish landlords +are already being aroused with regard to the Imperial power. A campaign +against tribute may become as popular as a campaign against rent. The +two campaigns indeed have a close affinity; a large portion of the +tribute is in reality payment in respect of rent, and the instalments +which an Irish farmer pays to buy his land will, to him at any rate, +appear rent or tribute payable to Great Britain. The rent or tribute +will be collected under the new constitution by the Irish +Government.[89] No Irish Ministry will relish the position of collector. +It would have been difficult for a landlord to collect rent after his +agent had publicly announced that it was excessive and unjust. Yet a +landlord could dismiss his agent; the English Cabinet cannot dismiss the +Irish Government. It is certain too that the Irish Ministry will not +find the collection of rent easy. Should the Irish Government state that +the rent is iniquitously high, and refuse to collect it, what will be +the position of the British Ministry? It must either set the +constitution aside or undertake for itself the collection of rent in +opposition to, or, at any rate, unaided by, the Irish Executive and the +Irish Parliament. No more odious task was ever undertaken by a +government. Suppose, however, that things do not come to the worst, the +financial arrangements of the Bill ensure that Ireland will soon demand +modifications of its provisions. Opposition is a probability, discontent +is a certainty. + +Ireland is provided under the new constitution with the readiest means +of nullifying the Restrictions. The Irish Cabinet and its servants can +at any moment reduce an unpopular law to a nullity. Even in England a +resolution of the House of Commons may be enough to turn a law into a +dead letter. The Imperial Cabinet at this moment could go very near +making the Vaccination Acts of no effect, and by declining to have +troops sent to Hull could, as I have already pointed out, give victory +to the Trades Unionists. Nor is it necessary that the Cabinet should +decline sending forces to Hull for the support of the law. An intimation +that persons accused of intimidation would either not be prosecuted at +all, or if prosecuted and convicted, would be pardoned, would be +sufficient of itself to make the strike successful. In no country could +the Executive do more to render laws ineffectual than in Ireland. The +Irish Cabinet might by mere inaction render the collection of rent +impossible; they might, as I have already pointed out, give tacit +encouragement to smuggling. If the people regarded a coastguard as an +enemy, if he and his family were left severely alone, if he were often +maltreated and occasionally shot, his position might be a difficult one, +even if supported by the whole force of the state. But if smuggling were +regarded as no crime, if the smuggler were looked upon as the patriot +who deprived an alien power of a revenue to which England had no right, +it is clear that nothing but the energetic support of all the central +and local authorities in the country could give a revenue officer the +remotest chance of victory in his contest with smugglers. But suppose +the national government were apathetic, suppose that the Irish Ministry +looked with favourable eye on the diminution of English revenue; suppose +that no Irish official gave any aid to a custom-house officer; suppose +that, if a British coastguardsman were murdered, Irish detectives made +no effort to discover the wrong-doer; and that when the culprit was +discovered the Irish law officers hesitated to prosecute; suppose that +when a prosecution took place the Attorney-General showed that his heart +was not in the matter, and that the jury acquitted a ruffian clearly +guilty of murder, is it not as clear as day that smuggling would +flourish and no customs be collected? In the same way the Irish Ministry +might by mere apathy, by the very easy process of doing nothing, nullify +the effect of judgments delivered by the Exchequer judges, and the Irish +Ministry would show very little ingenuity if they could not without any +open breach of the law impede the carrying out of executions against the +goods of persons whom popular feeling treated as patriots. + +The Irish Executive might, as already pointed out,[90] easily raise an +Irish army. Drilling countenanced or winked at by the Irish Ministry +could never be stopped by the British Government. Prussia at the period +of her extreme weakness, and under the jealous eye of Napoleon, sent +every Prussian through the ranks. Bulgaria raised an army while +pretending to encourage athletic sports. The value of the precedent is +not likely to escape an Irish Premier. + +The Irish Parliament cannot legally repeal a single provision of the +constitution, but an Irish Parliament might render much of the +constitution a nullity. The Parliament might pass Acts which trenched +upon the Restrictions limiting its authority. Till treated as void such +statutes would be the law of the land. Such voidable Acts, and even +parliamentary resolutions,[91] would go like a watchword through the +country and encourage throughout Ireland popular resistance to Imperial +law. A profound observer has remarked that people do not reckon highly +enough the importance at a revolutionary crisis of any show or +appearance of legality.[92] Revolution acquires new force when masked +under the form of law. This is a point which Englishmen constantly +overlook. They know the moral influence of leagues and combinations; +they do not reflect that a Parliament or House of Commons in sympathy +with resistance to Imperial demands would possess tenfold the moral +authority of any National League. Note too that the Irish Ministry and +the Irish Parliament would play into one another's hands, and would +further be strengthened by their Irish allies at Westminster, as also by +the Irish electoral vote in England. + +For the true stronghold of the Irish Government lies, under the new +constitution, at Westminster.[93] + +There they would command at least eighty votes: the Irish members could +still, as now, and far more effectively than now, coerce under ordinary +circumstances any Ministry disposed to enforce the rights of the +Imperial Government, or, in other words, of England. + +Take a concrete case to which I have already referred.[94] Irish farmers +who have purchased under the Ashbourne Act grow weary of paying +instalments which are equivalent to rent. The Irish Cabinet refuses to +collect the rent; it urges its absolute inability to pay the sums due to +the Imperial Exchequer and asks for remission. Meanwhile the Irish House +of Commons passes a resolution supporting the conduct of the Irish +Government. The British Ministers are stern, and reject the request of +the Irish Cabinet. The Cabinet at Dublin retire from office. No +successors can be appointed who command the support of the Irish +Parliament. The Lord Lieutenant advises the Government at home that +things have come to a deadlock and that a dissolution will change +nothing. Thereupon the Irish members at Westminster begin to move; they +threaten general hostility to the British Ministry. + +They proffer their support to the Opposition. It may of course happen +that the British Ministry can, like the Unionist Government of 1886, +defy the Opposition and the Irish members combined. If so the English +Cabinet can risk a constitutional conflict in Ireland, though it is a +conflict likely to end in disturbance or civil war. But judging the +future by the past the eighty members will hold the balance of power. If +so their course is clear. They expel from office the Ministers who have +protected the rights of the Imperial Government. A weak Ministry +depending on Irish votes rules, or rather is ruled, at Downing Street. +Every one knows how, under the supposed conditions, the affair will +end. There will be a transaction of some sort, and we may be certain +that such a transaction will be to the advantage of the Irish +Government, and will weaken or discredit Imperial or English authority. +We come round here to the root of the whole matter. Were the +Restrictions on the power of the Irish Parliament real and easily +enforceable, were the obligations imposed upon or undertaken by the +Irish people obligations of which an English Ministry could at once +compel the fulfilment, Restrictions and obligations alike would be +rendered futile and unreal by the presence of the Irish members at +Westminster. Every Home Rule scheme which can be proposed is impolitic +and is as dangerous as Separation; but the most impolitic of all +possible forms of Home Rule is the scheme embodied in the Bill of 1893. +Its special and irremediable flaw is the retention of the Irish members +at Westminster. This governs and vitiates all the leading provisions of +the new constitution. Under its influence every conceivable safeguard, +the supreme authority of Parliament, the veto, the legal restrictions on +the competence of the Irish legislature melt away into nothing. + +They are some of them capable of doing harm, they are none of them +capable of doing good. + +Cast a glance back at the leading features of the new constitution. + +The Imperial Parliament remains in form unchanged, and retains the +attribute of nominal sovereignty. But in Ireland the Imperial Parliament +surrenders all, or nearly all, the characteristics of true and effective +power; it retains in fact in Ireland nothing more than the right to +effect under the semblance of a legal proceeding a revolution which +after all must be carried out by force. For practical purposes it has no +more power at Dublin than it has at Melbourne, _i.e._ it retains at +Dublin scarcely any real power whatever. + +For the sake of this nominal and shadowy authority the Imperial +Parliament is itself transformed into a strange cross between a British +Parliament and the Congress of an Anglo-Irish Federation. + +The Irish Executive and the Irish Parliament become under the new +constitution the true and real Government of Ireland. But the Irish +Government and the Irish people are fettered by Restrictions which would +not be borne by the Government or the people of a self-governing colony. +These Restrictions are ineffective to bind, but they are certain to +gall, and if taken together with onerous financial obligations to Great +Britain, which whether just or not must have an air of hardness, and +with the habitual presence in Ireland of a British army under the +direction of the British Executive, lay an ample foundation for the most +irritating of conflicts. + +The new constitution, lastly, places in the hands of the Irish people +ample means for constitutional or extra-constitutional resistance to +Imperial, or in fact to English, power, and almost ensures the success +of Ireland in any constitutional conflict. The presence of the Irish +members at Westminster saves, or proclaims, the nominal sovereignty of +the Imperial Parliament; but their presence in truth makes this +sovereignty unexercisable, and therefore worthless, and while increasing +the apparent power ensures the real weakness of England. + +FOOTNOTES: + +[25] Thus little, if anything, is said in these pages on the +constitution of the Irish Legislature, though it is in several points, +and especially in the character of the Legislative Council, open to +grave criticism. Little, again, is said of the financial arrangements in +their fiscal character. The topic is of the highest importance, but it +must be debated in 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 ought never to be distant from the +thoughts of any one concerned with the policy or impolicy of Home Rule; +they dominate, so to speak, the whole political situation; they are +constantly referred to in these pages; but they do not form part of the +new constitution so much as conditions which affect the prudence or +justice of creating the new constitution. + +[26] Bill, 1893, Preamble, and clauses 33, 37. + +[27] The language of clause 33 is vague, but, according to the best +interpretation I can put upon it, its effect as to laws made for Ireland +after the Home Rule Bill becomes law will be this: The Imperial +Parliament will be able to pass enactments of any description whatever +with regard to Ireland, and the Irish Legislature will not be able to +repeal or alter any enactments so enacted by the Imperial Parliament +which 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 Parliament, then +the Irish Parliament could not repeal the Act or any part of it. Still +clause 33 of the Home Rule Bill is much too vaguely expressed. What, for +example, is the effect of an Act of the Imperial Parliament which is +'impliedly' extended to Ireland? If my interpretation of the clause is +the right one, the meaning of the clause ought to be made perfectly +clear; ambiguity in such a matter is unpardonable. + +[28] See pp. 4-6 _ante_. This ambiguity underlies and vitiates almost +every argument used by Home Rulers, whether English or Irish, in favour +of Home Rule. English Home Rulers emphasise and exaggerate the extent of +the control, or the so-called supremacy, which, after the establishment +of an Irish Parliament, can and will 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 from +American citizens of Irish descent, speak the language of Irish +Nationalists and cut down the effective supremacy of the Imperial +Parliament after the granting of Home Rule so as to make it consistent +with the war cry of 'Ireland a Nation.' (Compare Cambray's _Irish +Affairs and the Home Rule Question_, pp. 48-65.) + +[29] Mr. Sexton, Feb. 13, 1893, _Times Parliamentary Debates_, p. 319; +Mr. Redmond, Feb. 14, 1893, _ibid_. pp. 350-52; and April 13, 1893, +_ibid_. p. 414. Compare especially language 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 imply +that the relation of the Imperial Parliament to Ireland shall resemble +its relation to the Colonies. See generally, debate of May 16 in _The +Times,_ May 17, pp. 6-8. + +[30] Feb. 13, 1893, _Times Parliamentary Debates_, p. 303. + +[31] April 14, 1893, _ibid_. pp. 439, 440. + +[32] Feb. 14, 1893, _ibid_. pp. 340, 341, 343. + +[33] Bill, clause 12, sub-clause (3). + +[34] This is the only sense in which the sovereignty of the Imperial +Parliament is inalienable. This should be noted, because a strange and +absurd dogma is sometimes propounded that a sovereign power such as the +Parliament of the United Kingdom, can never by its own act divest itself +of sovereignty, and it is thence inferred or hinted that there is no +need for the Imperial Parliament to take measures for the preservation +of its supremacy. The dogma is both logically and historically +untenable. A sovereign of any kind can abdicate. A Czar can 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 of persons, of which body it may, +or may not, form part. The Parliaments both of England and of Scotland +did at the time of the Union each transfer sovereign power to a new +sovereign body, namely the Parliament of Great Britain. The British +Parliament did in 1782 surrender its sovereignty in Ireland to the Irish +Parliament. In 1800 both the British Parliament and the Irish Parliament +alienated or surrendered their sovereign powers to the Parliament of the +United Kingdom. Compare Dicey, _Law of the Constitution_ (7th ed.), note +3, p. 65. + +[35] It may, I am quite aware, be argued that the presence of Irish +representatives is not requisite for the maintenance of parliamentary +supremacy. In theory it is not. An arrangement might quite conceivably +be made (which if Home Rule were to be conceded might be the least +objectionable method of carrying out a radically vicious policy) under +which it should be distinctly agreed that Ireland should occupy the +position of a self-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 retention of the Irish +members is a matter of great public importance' (at any rate in the +opinion of Mr. Gladstone) 'because it visibly exhibits that supremacy' +(_i.e._ the supremacy of Parliament) 'in a manner intelligible to the +people.'--Mr. Gladstone, Feb. 13, 1893, _Times Parliamentary Debates_, +p. 306. See as to Home Rule in the character of colonial independence, +_England's Case against Home Rule_ (3rd ed.), pp. 197-218. + +[36] _i.e._ at the moment when these pages are written. What parts of +the Government of Ireland Bill may or may not be officially deemed +essential by the time these pages appear in print, no sensible man will +undertake to predict. Mr. Gladstone's own language is most +extraordinary. On the retention of the Irish members, which in the eyes +of any ordinary man affects the whole character of the new constitution, +and essentially distinguishes the 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 detail which cuts rather +deep in some respects into the composition of the Bill.'--Mr. Gladstone, +Feb. 13, 1893, _Times Parliamentary Debates_, pp. 305, 306. This +statement, with the whole passage of which it forms part, is as +astounding as would have been a statement by Lord John Russell on +introducing the great Reform Bill, that he could not say whether the +disfranchisement of rotten boroughs did or did not form a principle of +the measure. + +[37] Compare Report of Special Commission, pp. 18, 19. + +[38] Under the Home Rule Bill of 1893 as sent up to the House of Lords, +it would have been the 'constant presence.' + +[39] The division of parties in an American State is governed not by +questions concerning the internal affairs of the State, but by the +questions which divide parties at Washington. State politics depend upon +federal politics. 'The national parties have engulfed the State parties. +The latter have disappeared absolutely as independent bodies, and +survive merely as branches of the national parties, working each in its +own State for the tenets and purposes which a national party professes +and seeks to attain.' See Bryce, _American Commonwealth_, ii. p. 194. + +[40] _i.e._ in 1893. + +[41] Mr. Morley at Newcastle, _The Times_, April 22, 1886. + +[42] Now Lord Morley of Blackburn. + +[43] _i.e._ in 1893, and as they continue to be in 1911. + +[44] Mr. Morley at Newcastle, _The Times_, April 22, 1886. [Morley's +argument applied primarily, no doubt, to the Home Rule Bill of 1886; its +force, however, was infinitely strengthened as applied to the 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 Home Rule Bill which +shall propose to give Ireland a real Irish Parliament led by an Irish +Cabinet, and at the same time to retain representatives of Ireland as +members of the British Parliament.] + +[45] See p. 43, _ante_. + +[46] See Motley's speech, _Times_, April _22_, 1886. + +[47] See Bill, Third Schedule. + +[48] This is at any rate the opinion of Mr. Redmond expressed in the +_Nineteenth Century_, Oct. 1892. + +[49] Bill, clause 9, sub-clause (3). + +[50] The authors of the Home Rule Bill foresee the possibility of such +an erroneous decision. They have carefully provided that such an error +shall have no legal effect. Clause 9, sub-clause (4), 'Compliance with +the provisions of this section shall not 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, +good law, in spite of its having been passed in violation of the +constitutional rule laid down in clause 9, sub-clause (3), that an Irish +member shall not be entitled to deliberate or vote on any Bill the +operation of which is confined to Great Britain. + +[51] Compare Bill, clause 9, sub-clause (3), and sub-clause (4), which +provides that 'compliance with the provisions of this section shall not +be questioned otherwise than in each House in manner provided by the +House.' + +[52] 23 Geo. III. c. 28. + +[53] The reader, in order to understand this account of the proposed +constitution of 1886, should remember that under that constitution there +were in effect, though not in name, constituted three different +Parliaments, which must be carefully distinguished. + + 1. The British Parliament at Westminster, containing no Irish + members, which was to legislate for Great Britain and for the whole + British Empire except Ireland. + + 2. The Irish Parliament at Dublin, containing no British + representatives, which was to legislate for Ireland, but which was + not to legislate for England, Scotland, or for any other part of + the British Empire, and was not to have any voice whatever in the + general policy of the Empire. + + 3. The Imperial Parliament also sitting at Westminster, and + comprising both the British and the Irish Parliament. This body + would have corresponded nearly, if not exactly, 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 or the alteration of the Gladstonian constitution. For the + fuller explanation of the whole of this subject see _England's Case + against Home Rule_ (3rd ed.), pp. 234, 238 + +Note that England gains little or nothing (as compared with what was +offered to her under the Home Rule Bill of 1886) by the Imperial +Parliament retaining the power to legislate for Ireland, for even under +that Bill the Imperial Parliament (_i.e._ the Parliament at Westminster +when consisting both of British and of Irish members) could legislate +for Ireland. + +[54] _Unionist Delusions_, pp. 6-9. + +[55] The following passage from the writings of a man whose words, +whilst he was yet amongst us, Unionists and Gladstonians alike always +heard with the respect due to sense, to ability, to knowledge, and to +fairness, deserves attention:-- + + 'In Mr. Gladstone's proposed measure of Home Rule' _[i.e._ the Bill + of 1886]' the Parliament sitting at Westminster was no longer to + contain Irish members. I hold this to be an essential feature of + the scheme, an essential feature of any scheme of Home Rule. By Mr. + Gladstone's scheme, Ireland was formally to exchange a nominal + voice, both in its own affairs and in common affairs, for the real + management of its own affairs and no voice at all in common + affairs. This is the true relation of Home Rule. As dependent + Canada has no representatives in the Parliament of the United + Kingdom, so neither 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 on British affairs, while the British members do not vote on + Irish affairs, surely too great a privilege is given to Ireland; it + is Great Britain which will become the dependency. If they are to + vote on "Imperial" affairs only, to say nothing of the difficulty + of defining such affairs, it will be something very strange, very + novel, very hard to work, to have members of Parliament who are + only half-members, who must walk out of the House whenever certain + classes of subjects are discussed.' (E.A. Freeman, 'Irish Home + Rule and its Analogies,' _The New Princeton Review_, vi. pp. 194, + 195.) + +Mr. Freeman's language proves that I have not overrated the essential +difference or opposition between the Home Rule policy of 1886 and the +Home Rule policy of 1893. + +[56] It is styled in the Home Rule Bill 'an Executive Committee of the +Privy Council of Ireland.' + +[57] If there were reason to expect (which there is not) that the Home +Rule Bill would pass into law, it would be worth while to consider +carefully a question which has not yet engaged the attention of English +statesmen: Is it desirable that under a system of Home Rule the Irish +Executive should be a Parliamentry Ministry? The answer to this question +is by no means clear. Both in the United 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 be +suggested in favour of creating for Ireland an Executive whose tenure of +office might be independent of the will of the Irish Parliament. +Ireland, in short, like many other countries, might gain by the +possession of a non-parliamentary Executive. See as to the distinction +between a parliamentary and a non-parliamentary Executive, _Law of the +Constitution_ (7th ed.), App. p. 480. + +[58] See Bill, clause 14. + +[59] This would apparently approve itself to Dr. Nulty, Roman Catholic +Bishop of Meath. Of Mr. Justice Andrews he seems to have written that +'this Judge is a Unitarian,' and that it appears to the Bishop that 'the +man who denies the divinity of our Lord is as incompetent to form clear, +correct, and reliable conceptions 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 suppose, with a +view to Mr. Justice Andrews' opinions as to priestly influence at +elections, but the Bishop's words suggest the inference that the +government of a Catholic country ought to appoint Catholic Judges. Why +should we be surprised at this? Religious toleration is not a doctrine +of the Roman Catholic Church. + +[60] See Home Rule Bill, 1893, clause 35, p. 214, _post_. + +[61] 'I am not suggesting for a moment that we are going to set up in +Ireland two independent and separate Executives. I think the granting of +Home Rule in any intelligible sense would be entirely incomplete if it +were not supplemented by the granting of executive 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 government of the United Kingdom, as it provided +in this Bill such executive authority as is necessary for the execution +of the Imperial laws' (sic). Mr. Asquith, April 14, 1893, _Times +Parliamentary Debates_, p. 440. Compare _Hansard_, vol. xi. same date, +p. 348. + +[62] Bill, clause 30. + +[63] This is technically expressed in the Bill by the provision that +'the two forces [viz. the Royal Irish Constabulary and the Dublin +Metropolitan Police] shall, while they continue, be subject 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, be doubted that they will remain subject +to the Imperial Government, and, except with the sanction of the +Imperial Government, will not be subject to the control of the Irish +Executive. + +[64] See Bill, clauses 1-5, and as to the Restrictions on its +legislative power, see pp. 80-110, _post_. + +[65] See two excellent articles in the _Spectator_ of February 25 and +March 4, 1893. + +[66] Of course all these statements are to be taken subject to the +Restrictions placed on the powers of the Irish Legislature by Bill, +clauses 3, 4, pp. 197, 198 _post_. + +[67] These Restrictions, or safeguards, deprive Ireland of powers in +fact possessed by the Legislature of any self-governing colony, and I +believe by the Isle of Man or Jersey. [Compare the Home Rule Bill 1893, +clause 3, sub-clause (3) (p. 197, _post_,) as it appears in the original +Bill, with the same clause as amended by the House of Commons and sent +up to the House of Lords. The original 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 +camps, magazines, arsenals, dockyards, and other needful buildings, or +any places purchased for the erection thereof.' + +In 1893, Unionists and Gladstonians alike were determined that on no +pretence whatever should an Irish Parliament be allowed to raise an +Irish army, even of volunteers. The very name of 'volunteers,' and the +history of 1780-82, explain and justify their prudence. + +[68] Clause 4, sub-clause (1) to (4). + +[69] For the details of the Restrictions contained in clauses 3 and 4 +the reader should study carefully the terms of the Bill itself. See +Bill, in Appendix. + +[70] In more than one case it is pretty clear that the Restrictions are +in themselves ineffective. Take these instances:-- + + 1. The Restrictions do not really prevent the drilling of an armed + force. The Act which makes drilling illegal is a statute of 1819, + 60 Geo. III. 1 Geo. IV. c. 1. This Act applies to Ireland and + cannot (it is submitted) be repealed 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, appoint + plenty of justices who were willing to allow training and drilling. + The men thus trained and drilled could not, I conceive, technically + be made a volunteer force, but they might, for all that, be a very + dangerous armed body. + + 2. It is not certain what is the real effect of the provisions + whereby no 'person may be deprived of life, liberty or property + without due process of law.' Does it, for example, preserve a right + to trial by jury? I doubt whether it does. American judgments on + the same words 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 not a 'due' process, for which a parallel could be + found in the legislation of the Imperial Parliament. But the + Prevention of Crime (Ireland) Act, 1882, sec. 1, to instance no + other enactment, took away the right to trial by jury in cases of + trial for treason, murder, etc. + + 3. Private property might still in fact be taken without just + compensation. The Privy Council would not apparently have to + consider whether in any given case property was taken without just + compensation, but whether a particular law was a law whereby it + might be taken without just 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 compensation must + be given. It is very doubtful how far the Privy Council could treat + the Act as invalid, or could in any way enter upon the question + whether just compensation had been given. Yet it is plain that such + a Court might give very far from just compensation, say to Lord + Clanricarde. + + +[71] Constitution, art. i sect. 10. + +[72] See Mr. J. Morley, April 18, 1893, _Times Parl. Deb._, p. 500. + +[73] See Bill, clause 5, sub-clause (3). The language of this clause +disposes of the contention put forward by at least one Gladstonian +candidate 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 arrangement too futile for an ardent Gladstonian to contemplate as +possible is therefore actually enacted in the Government of Ireland +Bill. + +[74] It is to be presumed that the Crown, or in effect the British +Cabinet, does not in the case of Ireland retain the power of +'disallowance' under which the Crown occasionally annuls colonial Acts +which have received the assent of a colonial Governor. The power to +disallow an Irish Act which, though not unconstitutional, 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 +disallowance of Acts see Rules and Regulations published for the use of +the Colonial Office, chap. iii.; Legislative Councils and Assemblies, +Rules 48-54; British North America Act, 1868, sections 55-57; _England's +Case against Home Rule_ (3rd ed.), p. 33. [Compare Dicey, _Law of +Constitution_ (7th ed.), pp. 111-114.] + +[75] The appeal to the English Privy Council, both under clauses 19, +_22_, and 23 of the Bill, appears to be in each case an appeal to the +Judicial Committee of the Privy Council. [The particular provisions +contained 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 satisfactory +body for acting as a Court called upon to decide the numerous +constitutional questions, as to the legislative power of an Irish +Parliament, which must be raised under any Home Rule Act whatever.] + +[76] See Bill, clause 23. + +[77] See Tocqueville, _Démocratie en Amérique_, i. chap. viii. pp. +231-250; Bryce, _American Commonwealth_, ii. (1st ed.) p. 45; _ibid._ i. +ch. 23. + +[78] Compare _England's Case against Home Rule_ (3rd ed.), pp. 257, 258. + +[79] Compare Bill, clauses 19, 22, pp. 206, 209, _post._ + +[80] Bill, clause 19, sub-clause(4). + +[81] Clause 19, sub-clause (5). The whole of the provisions as to the +Exchequer Judges are extremely obscure. The jurisdiction and the powers +of the Court, should it ever be formed, 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 Switzerland. +As the matter at present stands the jurisdiction of the Exchequer Judges +and of the Privy Council as a Court of Appeal from them may apparently +be thus described. + +It extends to all legal proceedings in Ireland which + + (i) are instituted at the instance of or against the Treasury or + Commissioners of Customs, or any of their officers, or + + (ii) relate to the election of members to serve in [the Imperial] + Parliament, or + + (iii) touch any matter not within the powers of the Irish + Legislature, or + + (iv) touch any matter affected by a law which the Irish Legislature + have not power to repeal or alter. + +It is possible that sub-clause (4) gives the Exchequer Judges a much +wider jurisdiction than is intended by the authors of the Home Rule +Bill, and the strictures which have been made on this sub-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 Unionist, unsound, and the Bill +itself therefore unamendable. My object is simply to describe and +criticise the general constitutional provisions of the Bill and to show +their bearing and effect. + +[82] Compare _England's Case_ (3rd ed.), pp. 258, 259. + +[83] See _England's Case_ (3rd ed.), pp. 214-218. + +[84] See Home Rule Bill, clause 3, sub-clause (7) (p. 198, _post_), and +compare same clause slightly amended, in Bill, as sent up to the House +of Lords, sub-clause (8). + +[85] These strictures on the financial arrangements which were to exist +between England and Ireland apply directly to the Home Rule Bill as +introduced 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 sent up to the House of Lords. Compare clause 10 of the original +Bill with clause 11 of the Bill as amended and brought up to the House +of Lords. + +[86] Bill, clauses 14, 15, and 16. [Compare with these clauses of the +original Bill clauses 13, 14, 15, and 16 of the Bill as amended before +being sent to the House of Lords.] + +[87] See Fiske, _Critical Period of American History_, chs. iii. and iv. + +[88] See, _e.g._, letter of Mr. Clancy, M.P., on the Financial Clauses of +the Home Rule Bill, _Manchester Guardian_, April 4, 1893. + +[89] Bill, clause 15. + +[90] See pp. 72 and 82, _ante_. + +[91] See pp. 79, 80, _ante_. + +[92] _Souvenirs de Alexis de Tocqueville_, p. 63. + +[93] The reader should note the history of the insurrection in Ticino +during 1891. It is quite clear that the Liberals of Ticino who had +distinctly broken the law were more or less comforted or protected by +the Liberal party in the Swiss Federal Assembly. Compare Hilty, +_Separatabdruck aus dem Politischen Jahrbuch der Schweizerischen +Eidgenossenschaft_ (_Jahrgang_ 1891). + +[94] See p. 103, _ante_. [The force of this illustration has been +increased by every Land Act passed since 1893. 'The Imperial Exchequer +[_i.e._ in effect Great Britain] has made a free 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 £35,000,000 has already been raised. The Imperial Exchequer +looks to the Irish tenant purchaser for the interest and sinking fund on +that loan.'--Cambray, _Irish Affairs_, p. 214.] + + + + +CHAPTER III + +WHY THE NEW CONSTITUTION WILL NOT BE A +SETTLEMENT OF THE IRISH QUESTION + + +'_We believe that this measure [the Home Rule Bill] when improved in +Committee will be, at all events in our time, a final settlement of the +Irish question_.'[95] + +'Five speeches were made from the Irish benches ... there was not one of +those speeches which fell short of what we have declared to be in our +opinion necessary for the acceptance of this Bill. That is where we +look for a durable and solid statement as to finality. We find the word +_finality_ not even eschewed by the generous unreserve of the honourable +member for North Longford[96] who attached the character of finality to +the Bill.... What said the honourable member for Kerry[97] last night? +He said, "_This is a Bill that will end the feud of ages_" This is +exactly what we want to do. That is what I call acceptance by the Irish +members of this Bill.... _What we mean by this Bill is to close and bury +a controversy of seven hundred years.'_[98] + +This hope of ending the feud of ages has been for years dangled by +Gladstonians before the English electorate. It has gained thousands of +votes for Home Rule. But it is doomed to disappointment. The new +constitution will never be a settlement of the Irish question: and this +for three reasons, which can be definitely stated and easily understood. + +_First._ The new constitution satisfies neither Ireland nor England. + +It does not satisfy Ireland. + +Ulster, Protestant Ireland, and indeed, speaking generally, all men of +property in Ireland, whether Protestant or Catholic, detest Home Rule. +They hate the new constitution, they protest against the new +constitution, they assert that they will to the utmost of their ability +resist the introduction and impede the working of the new constitution. +Their abhorrence of Home Rule may be groundless, their threats may be +baseless; their power to give effect to their menaces may have no +existence. All that I now contend is that the strongest, and the most +energetic, part of Irish society is in fact and in truth bitterly +opposed, not only to the details, but to the fundamental principle, of +the new polity. It avails nothing to urge that the Protestants and the +educated Catholics are in a minority. This plea shows that in Parliament +they can be outvoted; it does not show that they will, or can, be +pacified by a policy which runs counter to their traditions, their +interests, and their sentiment. You cannot vote men into content, you +cannot coerce them into satisfaction. Let us look facts in the face. The +measure which is supposed to gratify Ireland satisfies at most a +majority of Irishmen. This may be enough for a Parliamentary tactician, +it is not enough for a far-seeing statesman or a man of plain common +sense. When we are told a minority are filled with discontent, we must +ask who constitute the minority. When we find that the minority consists +of men of all descriptions and of all creeds, that they represent the +education, the respectability, the worth, and the wealth of Ireland, we +must be filled with alarm. Wealth, no doubt, is no certain sign of +virtue, any more than poverty can be identified with vice; a rich man +may be a scoundrel, and a poor man may be an honour to the human race, +but the world would be much worse constituted than it is, if the +possession of a competence were not connected with honesty, energy, +adherence to duty, and every other civic virtue. When it is said or +admitted by Gladstonians that the propertied classes of Ireland are +against Home Rule we know what this means; it means that the energy of +Ireland is against Home Rule, that the honesty of Ireland is against +Home Rule, that the learning of Ireland is against Home Rule, that all +that makes a nation great is against Home Rule, and that the Irishmen +most entitled to our respect and honour implore us not to force upon +them the curse of Home Rule. This is no trifle. Let us at any rate have +done with phrases; let us admit that the satisfaction of Ireland means +merely the satisfaction of a class, though it may be the most numerous +class of Irishmen, and that it also means the bitter discontent of the +one class of Irishmen who are specially loyal to Great Britain. If we +are closing one feud we are assuredly opening another feud which it may +at least be as hard to heal. + +But is it true that even the Home Rulers of Ireland are satisfied? Their +representatives indeed accept the new constitution. Their acceptance may +well, as far as intention goes, be honest. Mr. Davitt, I dare say, when +he sentimentalises in the House of Commons about his affection for the +English democracy, is nearly, though not quite, as sincere as when he +used to express passionate hatred of England.[99] But acquiescence is +one thing, satisfaction is another. There is every reason why the Irish +members should acquiesce in the new constitution. They obtain much, and +they gain the means of getting more. Quite possibly they feel grateful. +But their gratitude is not the gratitude of Ireland, and gratitude is +hardly a sentiment possible, or indeed becoming, to a nation. + +England saved Portugal and Spain from the domination of France. Do we +find that Portuguese and Spaniards gladly subordinate their interests to +the welfare of England? France delivered Italy from thraldom to Austria; +French blood paid the price of Italian freedom. Yet France is detested +from one end of Italy to the other, whilst Italians rejoice in the +alliance with Austria. In all this there is nothing unreasonable and +nothing to blame. Policy is not sentimentality, and the relations of +peoples cannot be regulated in the same manner as the relations of +individuals. Thirty, twenty, ten, five years hence all the sentiment of +the year 1893 will have vanished. Irish content and satisfaction must, +if it is to exist at all, rest on a far more solid basis than the hopes, +the words, the pledges, or the intentions of Mr. M'Carthy, Mr. Sexton, +or Mr. Davitt. Note that their satisfaction is even now of a limited +kind. It absolutely depends on the new constitution being worked exactly +in the way which they desire. The use of the veto, legislation for +Ireland by the Imperial Parliament, any conflict between the wish of +England and the wish, I do not say of Ireland, but of the Irish +Nationalists, must from the nature of things put an end to all gratitude +or content. But we may go further than this: the new constitution +contains elements of discord. It denies to Ireland the rights of a +nation; it does not concede to her the full privileges of colonial +independence. No genuine Nationalist can really acquiesce in the +prohibition of Ireland's arming even in self-defence. Where, again, is +the Nationalist who is prepared to say that he will not if the Bill is +passed demand that every conspirator and every dynamiter, who is +suffering for the cause of Ireland, shall be released from prison? Is it +credible that the Land Leaguers have forgotten what is due to the +wounded soldiers of their cause? Are they prepared to forget the +imperative claims of evicted tenants or imprisoned zealots?[100] I +cannot believe it. + +But if they are so base as to forget what is due to their friends and +victims, what trust could England place in the permanence of any +sentiment expressed by such men with however much temporary fervour and +however much apparent honesty? If, as I am convinced, the Irish leaders +are not prepared to betray the fanatics or ruffians who have trusted and +served them, then with what content does England look on the prospect of +a general amnesty for criminals or of lavish rewards for breach of +contract and the defiance of law? + +But in truth the new constitution provides for the general discontent, +not of one class of Irishmen, but of the whole Irish people. + +Home Rule is at bottom federalism, and the successful working of a +federal government depends on the observation by its founders of two +principles. The first is that no one State should be so much more +powerful than the rest as to be capable of vying in strength with the +whole, or even with many of them combined.[101] The second is that the +federal power should never if possible come into direct conflict with +the authority of any State. Each of these well-known principles has, +partly from necessity and partly from want of skill, been violated by +the constructors of the spurious federation which is to be miscalled the +United Kingdom. The confederacy will consist of two States; the one, +England, to use popular but highly significant language, in wealth, in +population, and in prestige immensely outweighs the other, Ireland. And +by an error less excusable because it might have been avoided, the power +of the central government will be brought into direct conflict with the +authority of the Irish State. Read the Bill as it should be read by any +one who wishes to understand the working of the new constitution, and +throughout substitute 'England' for the term 'United Kingdom.' Note then +what must be the operation of the constitution in the eyes of an +Irishman. The federal power is the power of England. An English Viceroy +instructed by an English Ministry will veto Bills passed by an Irish +Parliament and approved by the Irish people. An English court will annul +Irish Acts; English revenue officers will collect Irish customs, and +every penny of the Irish customs will pass into the English Exchequer. +An English army commanded by English officers, acting under the orders +of English ministers, will be quartered up and down Ireland, and, in the +last resort, English soldiers will be employed to wring money from the +Irish Exchequer for the rigorous payment of debts due from Ireland to +England. Will any Irishman of spirit bear this? Will not Irishmen of all +creeds and parties come to hate the constitution which subjects Ireland +to English rule when England shall have in truth been turned into an +alien power? + +The new constitution does not in any case satisfy England. + +That England is opposed to Home Rule is admitted on all hands; that +England has good reason to oppose the new form of Home Rule with very +special bitterness is apparent to every Unionist, and must soon become +apparent to any candid man, whether Gladstonian or Unionist, who +carefully studies the provisions of the new constitution, and meditates +on the effect of retaining Irish representatives in the Parliament at +Westminster. For my present purpose there is no need to establish that +English discontent is reasonable; enough to note its existence. + +A consideration must be here noticed which as the controversy over Home +Rule goes on will come into more and more prominence. We are engaged in +rearranging new terms of union between England and Ireland; this is the +real effect of the Home Rule Bill; but for such a rearrangement Great +Britain and Ireland must in fairness, no less than in logic, be treated +as independent parties. Whether you make a Union or remodel a Union +between two countries the satisfaction of both parties to the treaty is +essential. Till England is satisfied the new constitution lacks moral +sanction. That the Act of Union could not have been carried without, at +any rate, the technical assent both of Great Britain and Ireland is +admitted, and yet the moral validity of the Treaty of Union is, whether +rightly or not, after the lapse of ninety-three years assailed, on the +ground that the assent of Ireland was obtained by fraud and undue +influence. But if the separate assent of both parties was required for +the making of the treaty, so the free assent of both must be required +for its revision, and the politicians who force on Great Britain the +terms of a political partnership which Great Britain rejects, repeat in +1893 and in an aggravated form the error or crime of 1800.[102] + +_Secondly_. The new constitution rests on an unsound foundation. + +It is a topsy-turvy constitution, it aims at giving weakness supremacy +over strength. + +The main, though not the sole, object of a well-constituted polity is to +place political power (whilst guarding against its abuse) in the hands +of the men, or body of men, who from the nature of things, _i.e._ by +wealth, education, position, numbers, or otherwise, form the most +powerful portion of a given state. The varying forms of the English +Constitution have, on the whole, possessed the immense merit of giving +at each period of our history political authority into the hands of the +class, or classes, who made up the true strength of the nation. Right +has in a rough way been combined with might. Wherever this is not the +case, and genuine power is not endowed with political authority, there +exists a sure cause of revolution; for sooner or later the natural +forces of any society must assert their predominance. No institution +will stand which does not correspond with the nature of things. Vain +were all the efforts of party interest or of philanthropic enthusiasm to +give to the Blacks political predominance in the Southern States. Votes, +ballot boxes, laws, federal arms, all were in vain. By methods which no +man will justify, but which no power could resist, the Whites have +re-acquired political authority. The nature of things could not be made +obedient to the dogmas of democratic equality. Now the gravest flaw of +the new constitution, the disease from which it is certain to perish, is +that, in opposition to the forces which ultimately must determine the +destiny of the United Kingdom, it renders the strong elements of the +community subordinate to the weak. + +In Ireland Dublin is made supreme over Belfast, the South is made not +the equal, but in effect the master of the North; ignorance is given +dominion over education, poverty is allowed to dispose of wealth. If +Ireland were an independent state, or even a self-governed British +colony, things would right themselves. But the politicians who are to +rule in Dublin will not depend upon their own resources or be checked by +a sense of their own feebleness. They will be constitutionally and +legally entitled to the support of the British army; they will +constitute the worst form of government of which the world has had +experience, a government which relying for its existence on the aid of +an external power finds in its very feebleness support for tyranny. +Murmurs are already heard of armed resistance. These mutterings, we are +told, are nothing but bluster. It is at any rate that sort of "bluster" +at which the justice and humanity of a loyal Englishman must take alarm. +I have not yet learnt to look without horror on the possibility of civil +war, nor to picture to myself without emotion the situation of brave men +compelled by the British army to obey rulers whose moral claim to +allegiance they justly deny and whose power unaided by British arms they +contemn. Civil warfare created by English policy and despotism +maintained by English arms must surely be to any Englishman objects of +equal abhorrence. + +But in England no less than in Ireland our new constitution gives +artificial power to weakness. At Westminster the Irish members, be they +80 or 103, will have no legitimate place. Mr. Gladstone on this point +is, for aught I know, at one with the Unionists. In 1886 he without +scruple, and therefore no doubt without any sense of injustice, expelled +the representatives of Ireland from the British Parliament. In 1893 he +brings them back to Westminster. But his words betray his hesitation. He +expects, may we not say he hopes, that they will remain in Ireland and +on their occasional visits to London have the good sense and good taste +not to interfere in British affairs. Few are the persons who share these +anticipations. If they are to be realised they must be embodied in the +constitution; the Premier might at this moment without shame, and +without regret, revert to the better policy of 1886. On his present +policy we all know that his expectations will not be fulfilled. The +voluntary absence of the Irish members from Westminster is as vain a +dream as the fancy that Ireland under Home Rule may suffer from a +plethora of money. To Westminster the Irish members will come. If they +do not come of their own accord they will be fetched by allies who need +their help. At Westminster they will hold the balance of parties, and +will while the constitution lasts rule the destiny of England with a +sole regard at best to the immediate interest of Ireland, at worst to +the interests of an Irish faction. To Ireland will be given power +without responsibility, to England will belong responsibility without +power. Nor will the unnatural subjection of a great, a flourishing, a +wealthy, and a proud country to a weaker and poorer neighbour be +rendered the more bearable by the knowledge that the ill-starred +supremacy of Ireland means, in England, the equally unnatural and +equally ominous predominance of an English faction, which, since it +needs Irish aid, does not command England's confidence. Radicals or +revolutionists will in the long run have bitter cause to regret an +arrangement which identifies their political triumph with England's +humiliation. + +_Thirdly_. The new constitution is based on a play of words which +conceals two contradictory interpretations of its character.[103] + +The supremacy of the Imperial Parliament means to Irish Home Rulers and +to most Gladstonians that Ireland shall possess colonial +independence.[104] It means to Unionists and to many electors who can +hardly be called either Unionists or Gladstonians, that the British +Parliament, or, in other words, England, shall retain the real, +effective, and even habitual control of Irish affairs. In the one sense +it means only that Ireland shall remain part of the British Empire, in +the other that Ireland shall still be part of the United Kingdom. And, +what is of great importance, the mass of Englishmen waver between these +two interpretations of Imperial supremacy. When they think of Home Rule +as satisfying Ireland, they hold that it gives Irishmen everything which +they can possibly ask. When they think of Home Rule as not dismembering +the United Kingdom, they fancy that it leaves to the British Parliament +all the real authority which Parliament can possibly require. + +This difference of interpretation lays the foundation of +misunderstanding, but it does far more harm than this. It must keep +Irish Nationalists alarmed, and not without reason, for the permanence +of the independence which they may have obtained. A change of feeling or +a change of party may cause the Imperial Parliament to assert its +reserved authority. England keeps her pledges.[105] Yes, but here it is +not a mere question of good faith. When two contractors each from the +beginning put _bona fide_ a different interpretation upon their +contract, neither of them is chargeable with dishonesty for acting in +accordance with his own view of the agreement. The spirit of Unionism +and the spirit of Separation will survive the creation of the new +constitution. Under one form or another Unionists will be opposed to +Federalists and it is more than possible, should the Bill pass, that the +division of English parties may turn upon their reading of the Irish +Government Act, 1893. + +The possibility, again, that the Parliament at Westminster may assert +its reserved authority, if it raises the fears of Irishman, may excite +the hopes of English politicians. If at any time the supremacy of +Ireland becomes unbearable to British national sentiment, or if the +condition of Ireland menaces or is thought to menace English interests, +the new constitution places in the hands of a British majority a +ready-made weapon for the restoration of British power. The result might +be attained without the necessity for passing any Act of Parliament, or +of repealing a single section of the Irish Government Act, 1893. A +strong Viceroy might be sent to Ireland; he might be instructed not to +convoke the Irish Parliament at all; or, having convoked, at once to +prorogue it. He might thereupon form any Ministry he chose out of the +members of the Irish Privy Council. The Imperial Parliament would at +once resume its present position and could pass laws for Ireland. This +might be called revolution or reaction. For my argument it matters not +two straws by what name this policy be designated. The scheme sketched +out is not a policy which I recommend. My contention is not that it +will be expedient--this is a matter depending upon circumstances which +no man can foresee--but that it will be strictly and absolutely legal. + +The supremacy of the Imperial Parliament, combined with the presence of +the Irish members at Westminster, will thus by a curious fatality turn +out a source at once of permanent disquietude to Ireland and of +immediate, if not of permanent, weakness to England. + +Our New Constitution is not made to last Home Rule does not close a +controversy; it opens a revolution. + +No one in truth expects that the new constitution will stand. Its very +builders hesitate when they speak of its permanence,[106] and are +grateful for the generous credulity of a friend who believes in its +finality. Nor is it hard to conjecture (and in such a matter nothing but +conjecture is possible) what are the forces or tendencies which threaten +its destruction. + +If Ireland is discontented Irishmen will demand either the extension of +federalism or separation. In every federal government the tendency of +the States is to diminish as far as possible the authority of the +federal power. But this tendency will be specially strong in the +grotesque Anglo-Irish federation, since the federal power will be +nothing but the predominance of England. The mode of weakening the +federal authority is only too obvious. 'The more there is of the more,' +says a profound Spanish proverb, 'the less there is of the less.' The +more the number of separate States in the confederacy, the less will be +the weight of England, and the greater the relative authority of +Ireland. Let England, Scotland, and Wales become separate States, let +the Channel Islands and Man, and, if possible, some colonies, be added +to the federation, and as the greatness of England dwindles so the +independence of Ireland will grow. + +Some seven years ago Sir Gavan Duffy predicted that before ten years had +elapsed there would be a federation of the Empire.[107] Like other +prophets he may have antedated the fulfilment of his prediction, but his +dictum is the forecast of an experienced politician--it points to a +pressing danger. Home Rule for Ireland menaces the dissolution of the +United Kingdom, and the unity of the United Kingdom is the necessary +condition for maintaining the existence of the British Empire. Home Rule +is the first stage to federalism. + +But Irish discontent, should it not find satisfaction in a movement for +federalism, will naturally take the form of the demand for colonial or +for national independence. You cannot play with the spirit of political +nationality. The semi-independence of Ireland from England, combined +with the undue influence of Ireland in English politics, is certain to +produce both unreasonable and reasonable grounds for still further +loosening the tie which binds together the two islands. The cry 'Ireland +a nation' is one of which no Irishman need be ashamed, and to which +North and South alike, irritated by the vexations of a makeshift +constitution, are, as I have already insisted, likely enough to rally. + +Nor is it certain that Irish Federalists or Irish Nationalists will not +obtain allies in England. The politicians who are content with a light +heart to destroy the work of Pitt may, for aught I know, with equal +levity, annul the Union with Scotland and undo the work of Somers, or by +severing Wales from the rest of England render futile the achievement of +the greatest of the Plantagenets. Enthusiasts for 'Home Rule all round' +would appear to regard their capacity for destroying the United Kingdom +as a proof of their ability to build up a new fabric of Imperial power, +and to fulfil their vain dreams of a federated Empire. Sensible men may +doubt whether a turn for revolutionary destruction is any evidence that +politicians possess the rare gift of constructive statesmanship. And +should the working of the new constitution confirm these doubts, persons +of prudence will begin to perceive that Irish independence is for both +England and Ireland a less evil than the extension of federalism. + +The natural expression however of English discontent or disappointment +is reactionary opposition. Reaction, or the attempt of one party in a +state to reverse a fundamental policy deliberately adopted by the +nation, is one of the worst among the offspring of revolution, and is +almost, though not entirely, unknown to the history of England. Yet +there is more than one reason why if the Home Rule Bill be carried, +reaction should make its ill-omened appearance in the field of English +public life. The policy of Home Rule, even should it be for the moment +successful, lacks the moral sanctions which have compelled English +statesmen to accept accomplished facts. The methods of agitation in its +favour have outraged the moral sense of the community. Mr. Gladstone's +victory is the victory of Mr. Parnell, and the triumph of Parnellism is +the triumph of conspiracy, and of conspiracy rendered the more base +because it was masked under the appearance of a constitutional movement. +Neither the numbers nor the composition of the ministerial majority are +impressive. The tactics of silence, evasion, and ambiguity may aid in +gaining a parliamentary victory, but deprive the victory of that respect +for the victors on the part of the vanquished which, in civil contests +at any rate, alone secures permanent peace. But the pleas and +justifications for reaction are rarely its causes. If Englishmen attempt +to bring about the legal destruction of the new constitution, their +action will be produced by a sense of the false position assigned to +England. No device of statesmanship can stand which is condemned by the +nature of things. The predominance of England in the affairs of the +United Kingdom is secured by sanctions which in the long run can neither +be defied nor set aside; the constitution which does not recognise this +predominance is doomed to ruin. That its overthrow would be just no one +dare predict; the future is as uncertain as it is dark. A main reason +why a wise man must deprecate the weak surrender by Englishmen of +rightful power is the dread that, if in a moment of irritation they +reassert their strength, they may exhibit neither their good faith nor +their justice. + +FOOTNOTES: + +[95] J. M'Carthy, April 10, 1893, _Times Parliamentary Debates_, p. 354. +No part of these quotations is italicised in the report. + +[96] J. M'Carthy. + +[97] Mr. Sexton. + +[98] Mr. Gladstone, April 21, 1893, _Times Parliamentary Debates_, p. +565. + +[99] At Bodyke, June 2, 1887, Mr. M. Davitt said:--'Our people, however, +who so leave Ireland are not lost in the Irish cause, for they will join +the ranks of the Ireland of retribution beyond the Atlantic; 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 the enemy for its +crimes in Ireland.'--_Freeman's Journal_, June 3, 1887. See 'Notes on +the Bill,' published by the Irish Unionist Alliance, p. 368. These +expressions were used after the union of hearts. + +[100] 'But all these matters are, as it were, minor details. They all +sink into comparative insignificance before the one great demand--and I +almost apologise for mentioning them--because I want you to concentrate +your attention on the one great demand which we make, and the one +unalterable statement we intend to adhere to, that whether guilty or +innocent, these men, according to their lights and their consciences, +were trying to serve Ireland; that any of them who were guilty were +driven into this course by the misgovernment of Ireland, and the +oppression of Ireland by an outside power, and that if we are asked to +settle this 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 the next few +months, we would succeed in getting our brethren out of prison. I don't +believe we will; ... but I am convinced of this, that there is not a man +amongst them who will ever be called upon to serve anything like the +remainder of his sentence. I am convinced that in a short time--and the +extent of its duration depends upon other circumstances--every one of +these men will be restored to liberty if only we conduct this agitation +with determination, with resolution, and I would say above all with +moderation and with wisdom.'--Mr. John Redmond, M.P., _Dublin Irish +Independent_, April 5. See 'Notes on the Bill,' p. 424. + +[101] See Mill, _Representative Government_, 1st ed. p. 300. + +[102] Of course I do not for a moment dispute the legal right of +Parliament to repeal all or any of the articles of the Treaty of Union +with Ireland. I am writing now not upon the law, but upon the ethics of +the constitution. My contention is, that, as things stand, the undoubted +assent of Great Britain (or even perhaps of England, in the narrower +sense) is morally requisite for the repeal or at any 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 retire, but certainly +he cannot have a moral, and would hardly under any system of law have a +legal, right to say, 'I do not want to leave the firm, but I insist that +the terms of partnership be remodelled wholly in my favour.' Nor again +is it conceivable that _B_ and _C_ by uniting together could in fairness +claim to impose upon _A_ disadvantages the burden of which he had never +intended to accept. + +[103] See pp. 22-31, _ante_. + +[104] 'But who proposed that Ireland should be anything else than an +integral part of the United Kingdom (Ministerial cheers), or rather of +the Empire?' (Opposition cheers).--Mr. Sexton, April 20, 1893, _Times +Parliamentary Debates_, p. 522. The confusion of ideas and the +hesitation implied in Mr. Sexton's expressions are noteworthy. + +[105] England adhered with absolute fidelity to her renunciation of the +right to legislate for Ireland. Whatever were the other flaws in the +Treaty of Union, it was no violation either of 22 Geo. III. c. 63, or of +23 Geo. III. c. 28. 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 and of the Irish Legislature. This is +elementary but has escaped the attention of Mr. Sexton (see _Times +Parliamentary Debates_, Feb. 13, 1893, p. 319), whose investigations +into the history of his country are apparently recent. + +[106] "The plan that was to be proposed was to be such as, at least in +the judgment of its promoters, presented the necessary +characteristics--I will not say of finality, because it is a discredited +word--but of a real and continuing settlement."--Mr. Gladstone, Feb. 13, +1893, _Times Parliamentary Debates_, p. 303. + +[107] See Mr. Gladstone's Irish Constitution, _Contemporary Review_, +May, 1886, p. 616. + + + + +CHAPTER IV + +PLEAS FOR THE NEW CONSTITUTION + + +Gladstonians when pressed with the manifest objections to which the new +constitution is open rely for its defence either upon general +considerations intended to show that the criticisms on the new +constitution are in themselves futile, or upon certain more or less +specific arguments, of which the main object is to establish that the +policy of Home Rule is either necessary or at least free from danger, +and that, therefore, this policy and the new constitution in which it is +to be embodied deserve a trial. + +My object in this chapter is to examine with fairness the value both of +these general considerations and of these specific arguments. + +The general considerations are based upon the alleged prophetic +character of the criticisms on the new constitution or upon the +anomalies to be found in the existing English constitution. + +Ministerialists try to invalidate strictures on the Home Rule Bill, such +as those set forth in the foregoing pages, by the assertion that the +objections are mere prophecy and therefore not worth attention. + +This line of defence may, as against Home Rulers, be disposed of at once +by an _argumentum ad hominem_. No politicians have made freer use of +prediction. Every Gladstonian speech is in effect a statement that is a +prophecy of the benefits which Home Rule will confer on the United +Kingdom. Gladstonian anticipations no doubt are prophecies of future +blessings; but whoever foretells the future is equally a prophet, +whether he announces the end of the world or foretells the dawn of a +millennium. And history affords no presumption in favour of the prophet +who prophesies smooth things. The prognostics of a pessimist may be as +much belied by the event as the hopes of an optimist. But for one +prophet to decry the predictions of another simply as prophecies is a +downright absurdity. Even among rival soothsayers some regard must be +had to fairness and common sense; when Zedekiah, the son of Chenaanah, +smote Micaiah on the cheek, he struck him not on the ground that he +prophesied but that his gloomy predictions were false. Zedekiah was an +imposter, he was not a fool, and after all Micaiah, who prophesied evil +and not good, turned out the true prophet. + +But an _argumentum ad hominem_ is never a satisfactory form of +reasoning, and it is worth while considering for a moment what is the +value of prophecy or foresight in politics. Candour compels the +admission that anticipations of the future are at best most uncertain. +Cobden and Bright foretold that Free Trade would benefit England; they +also foretold that the civilised world would, influenced by England's +example, reject protective tariffs. Neither anticipation was +unreasonable, but the one was justified whilst the other was confuted by +events. All that can be said is that on such anticipations, +untrustworthy though they may be, the conduct no less of public than of +private life depends. Criticism on anything that is new and untried, +whether it be a new-built bridge or a new-made constitution, is of +necessity predictive. But there is an essential difference between +foresight and guessing. The prevision of a philosophic statesman is +grounded on the knowledge of the past and on the analysis of existing +tendencies. It deals with principles. Such, for example, was the +foresight of Burke when he dogmatically foretold that the French +Constitution of 1791 could not stand.[108] Guessing is at best based on +acute observation of the current events of the day, that is of things +which are in their nature uncertain. On January 29, 1848, Tocqueville +analysed the condition of French society, and in the Chamber of Deputies +foretold the approach of revolution. + +On February 21, 1848, Girardin said that the monarchy of July would not +last three days longer. February 24 verified the insight and foresight +of the statesman, and proved that the journalist was an acute observer. +The difference is worth consideration. Tocqueville's prophecy would in +all probability have been substantially realised had Louis Philippe +shown as much energy in 1848 as in 1832, and had the Orleanist dynasty +reigned till after his death. Girardin's guess would not have been even +a happy hit if one of a thousand accidents had averted the catastrophe +of February 24. The worth of the arguments against or for the new +constitution depends upon the extent to which they are based upon a +mastery of general principles and upon a sound analysis of the +conditions of the time, and in these conditions are included the +character of the English and of the Irish people. But to object to +criticisms simply as prophecies is to reject foresight and to forbid +politicians who are creating a constitution for the future to consider +what will be its future working. + +Another Gladstonian argument is that because the English constitution +itself is full of paradoxes, peculiarities, and anomalies, therefore the +contradictions or anomalies which are patent in the new constitution +(such for example as the retention of the Irish members at Westminster) +are of no importance. + +The fact asserted is past dispute. Our institutions are based upon +fictions. The Prime Minister, the real head of the English Executive, is +an official unknown to the law. The Queen, who is the only +constitutional head of the Executive, is not the real head of the +Government. The Crown possesses a veto on all legislation and never +exercises it; the House of Lords might, if the House pleased, reject +year by year every Bill sent up to it by the House of Commons; yet such +a course of action is never actually pursued and could not be dreamt of +except by a madman. There is no advantage in exemplifying further a +condition of things which must be known to every person who has the +slightest acquaintance with either the law, or the custom, of the +constitution. But the inference which Gladstonian apologists draw from +the existence of anomalies is, in the strict sense of the word, +preposterous. On the face of the matter it is a strange way of reasoning +to say that because the constitution is filled with odd arrangements +which no man can justify in theory, you therefore, when designing a new +constitution, should take no care to make your arrangements consistent +and harmonious. But the Gladstonian error goes a good deal deeper than +is at first sight apparent. The anomalies or the fictions of the +constitution are in reality adaptations, often awkward enough in +themselves, of some old institution, and are preserved because, though +they look strange, they are found to work well. Thus the King of England +was at one time the actual sovereign of the State, or at any rate the +most important member of the sovereign power, and the Ministers were in +reality, what they are still in name, the King's servants. The powers of +the Crown have been greatly diminished, and have been transferred in +effect to the Houses of Parliament, or rather to the House of Commons, +and the Ministers taken from the Houses are in fact, though not in name, +servants of Parliament. This arrangement leaves an undefined and +undefinable amount of authority to the Crown. It is not an arrangement +which any man would have planned beforehand; but it is kept up, not +because it is an anomaly, but because it has, as a matter of +experience, turned out convenient. What even plausible argument can +thence be drawn to show that a new constitutional arrangement, on the +face of it awkward and inconvenient, will for some unknown reason turn +out workable and beneficial? He who reasons thus, if reasoning it can be +called, might as well argue that because an old shoe which has gradually +been worn to the form of the foot is comfortable, therefore a shoemaker +need not care to make a new shoe fit. + +These two general replies to strictures on the new constitution are in +themselves of no worth whatever. They deserve examination for two +reasons only. They are, in various shapes, put forward by politicians of +eminence, they exhibit further in a clear form a defect which mars a +good deal of Gladstonian reasoning. Ministerialists seem to think that +arguments good for the purpose of conservatism are available for the +purpose of innovation. This is an error. A conservative reasoner may +urge the uncertainty of all prevision, or the fact that the actual +constitution, though theoretically absurd or imperfect, works well, as +reasons of some weight, though not of overwhelming weight, for leaving +things as they are, but it must puzzle any sensible man to see how +either the uncertainty of prevision or the fair working of existing +institutions can be twisted into reasons for taking a political leap in +the dark. + +Let us dismiss then objections which as they are fatal to all criticism +are in reality ineffective against any criticism of our new +constitution. When this is done it will be found that the Gladstonian +pleas in favour of Home Rule, for such are in reality their apologies +for the new constitution, may be brought under two heads. They are +intended to show, first, that the concession of parliamentary +independence to Ireland is a necessity, and, secondly, that at worst it +involves no danger.[109] + + +A. _Necessity for Home Rule_. That the concession of Home Rule to +Ireland is a necessity, forms the implied, if not always the asserted, +foundation of the case in favour of Gladstonian policy. + +Ireland, it is argued, has for generations been discontented and +disloyal. Every sort of remedy has been tried. The rule of the ordinary +law, coercion, Protestant supremacy, Catholic relief, the +disestablishment of the Anglican Church, the maintenance of the English +land tenure and English landlordism, the introduction of a new system of +land tenure unknown to any other country in the world and more +favourable to tenants than the land law of any other State in Europe, +the removal of every grievance which could be made patent to the +Imperial Parliament, every plan or experiment which could approve itself +to the judgment of English politicians has been tried, and no scheme, +however plausible, has ended in success. Concession has proved as +useless as severity, and the existence in the Statute Book of a +permanent Coercion Act is a standing proof of failure. He who asserts +that Irish disloyalty or discontent has not declined understates the +case. It has increased. Grattan was a statesman of a more exalted type +than O'Connell, and Grattan was more zealous for connection with England +than was the Roman Catholic tribune. And though in Grattan's time the +grievances of Ireland were in every man's judgment far more intolerable +than, even on the showing of Home Rulers, are the wrongs which Ireland +now endures, the Ireland of Grattan was loyal to England. O'Connell was +a nobler leader than Parnell, and it would be absurd to suppose that any +Parnellite or Anti-Parnellite exerted a tenth of O'Connell's influence. +Yet Parnell and Parnell's followers have achieved a feat which the hero +of Catholic emancipation could never accomplish; O'Connell never +obtained for Repeal more than half the votes of Ireland's parliamentary +representatives; Parnell and his followers have rallied the vast +majority of Irish members in support of Home Rule. Meanwhile year by +year the government of England is weakened, and (though the argument +comes awkwardly from the mouth of English constitutionalists who are +allies and friends of conspirators and boycotters) the morality of +English public life has been undermined, by the presence at Westminster +of Irish members who, regarding the English Parliament as an alien +power, weaken its action, despise its traditions, and degrade its +character. One remedy for Irish miseries and for English dangers has not +been tried. No English statesman before Mr. Gladstone (it is urged) has +offered to Ireland the one thing which Ireland desires--the boon or +right of parliamentary independence. Be the desire for Home Rule +reasonable or not, it is Home Rule for which Ireland longs. Ireland +feels herself a nation. Satisfy then Ireland's wish, meet the feeling of +nationality, and Ireland will be at rest. This experiment must at least +be tried; its perils must be risked. The present situation is +intolerable, the concession of Home Rule to Ireland is a necessity. + +This, to the best of my apprehension, is the Gladstonian argument. My +aim has certainly been to state it fairly and in its full force. + +Is the argument valid? Is the plea of necessity made out? The answer may +be given without hesitation. It is not. The allegations on which the +whole train of reasoning rests are tainted by exaggeration or +misapprehension, and the allegations, even if taken as true, do not +establish the required inference; the premises are unsound, and the +premises do not support the conclusion. + +The premises are unsound. + +The Gladstonians are far too much of parliamentary formalists. Their +imagination and their reason are impressed by the strength in the House +of Commons of the Irish party. The eighty votes from Ireland daunt them. +But wise men must look behind votes at facts. The eighty Irish Home +Rulers are, it is true, no light matter, even when allowance is made +for the way in which corruption and intimidation vitiate the vote of +Ireland. But their voice is not the voice of the Irish people; it is at +most the mutter or the clamour of a predominant Irish faction. It is the +voice of Ireland in the same sense in which a century ago the shouts or +yells of the Jacobin Club were the voice of France. To any one who looks +behind the forms of the constitution to the realities of life, the voice +of Irish wealth, of Irish intelligence, and of Irish loyalty is at least +as important as the voice of Irish sedition or discontent. The eighty +votes must in any case be reckoned morally at not more than sixty, for +to this number they would be reduced by any fair and democratic scheme +of representation. No one can be less tempted than myself to make light +of Irish turbulence and Irish misery. But it must not be exaggerated. +The discontent of 1893 is nothing to the rebellion, sedition, or +disloyalty of 1782, of 1798, of 1829, or of 1848. If Irishmen of one +class are discontented, Irishmen of another class are contented, +prosperous, and loyal. The protest of Irish Protestants--the grandsons +of the men who detested the Union--against the dissolution of the Union, +is the reward and triumph of Pitt's policy of Union. The eighty Irish +members ask for Home Rule, but the tenant farmers of Ireland ask not for +Home Rule but for the ownership of the land; and the Irish tenant +farmers will and may under a Unionist Government become owners of their +land, and, what is no slight matter, may become owners by honest means. +Vain for Mr. M'Carthy[110] to assert that Irish farmers would not have +accepted even from Mr. Parnell the most favourable of land laws in +exchange for Home Rule. Mr. M'Carthy believes what he says, but it is +impossible for any student of Irish history or of Irish politics to +believe Mr. M'Carthy. Facts are too strong for him. Mr. Lalor showed a +prevision denied to our amiable novelist. Gustave de Beaumont understood +political philosophy better than the lively recorder of the superficial +aspects of recent English history. Mr. Parnell and Mr. Davitt, and the +whole line of witnesses before the Special Commission, tell a different +tale. The very name of the _Land_ League is significant. Home Rule was a +mere theme for academic discussion in the mouth of Mr. Butt. Repeal +itself never touched the strongest passions of Irish nature, though +advocated by the most eloquent and popular of Irish orators. Not an +independent Parliament, but independent ownership of land, has always +been the desire of Irish cultivators. It was a cry for the land which +gave force to the demand for Home Rule; and an Irish agitator, if his +strength fails, renews it by touching the earth. But why confine our +observation to Ireland? We here come upon the passions, not of Irish +nature, but of human nature. There is not a landowner in France who does +not care tenfold more for the security of his land than for the form of +the government. If peasants trembled for their property the Republic +would fall to-morrow. This is no mere conjecture; the peasantry were +Jacobins as long as the Jacobins gave them the land, they were +Imperialists whilst Napoleon was their security against a restoration +which to them meant confiscation of land purchased or seized during the +Revolution. The country population of France heard with indifference of +the fall of Louis Philippe, and possibly approved the proclamation of +the second Republic. But the communism of 1848 roused every landowner +against Paris. The peasant proprietors filled the benches of the +National Assembly with Conservatives or Reactionists who would save them +from plunder; fear became for once the cause of courage, and dread of +loss of property sent thousands of peasant proprietors to Paris, that +they might crush by force of arms the socialist insurrection of June. +Perjury, fraud, and cruelty disgraced the _coup d'état_ of 1851. But, as +Liberals now see, the second Empire, hateful though it was to every man +who loved freedom or cared for integrity, did not owe the permanence of +its power to cunning or to violence. It was the dread of the Red Spectre +which drove the landowners of France into Imperialism; they may have +liked parliamentary liberty, it was a pleasant luxury, but they loved +their land and property, it was their life-blood, and by Socialism their +land and property was they believed menaced. + +As to the Coercion Act, no sensible man, be he Radical or Tory, need +trouble himself. The Criminal Law and Procedure (Ireland) Act, 1887, is +neither a disgrace to England nor an injury to Ireland. Its permanence, +which is the cause of its mildness, is its merit. Well would it have +been had the Act been extended to the whole United Kingdom. Local laws +are open to some of the same objections as temporary laws. The +enactment contains some improvements in our criminal procedure. There is +no more idle superstition than the belief that criminal procedure does +not, like other human arrangements, require change. If incendiarism +should become an element in the conduct of trade disputes, if dynamite +is to be recognised as a legitimate arm in political conflicts, the +criminal law of the United Kingdom will, we may be sure, need and +receive several alterations and improvements. + +By far the strongest portion of the Gladstonian argument is the stress +that can be laid on the demoralisation of Parliament, produced partly, +though not wholly, by the Irish vote. This is a consideration which, as +far as it goes, tells in favour of Home Rule. It is, however, a +consideration of which the Gladstonian apologist for the new +constitution of 1893 [can] make no use. His reasoning of necessity +stands thus: + +The presence of 80 Irish members at Westminster has demoralised +Parliament, therefore we must above all things retain 80 or possibly 103 +Irish members at Westminster. He is placed in a hopeless dilemma; he +dare not draw the only conclusion to which his argument points, namely, +that the Irish members must be excluded from the Parliament at +Westminster. By a strange fatality, the policy of 1823 retrospectively +condemns the policy of 1886, whilst the very strongest argument in +favour of the policy of 1886 condemns the policy of 1893. + +The premises, were they sound, do not support the conclusion. + +There exists undoubtedly such a thing in politics as necessity. + +When England acknowledged the independence of the Thirteen Colonies, or +when France surrendered Metz and Strasburg, no one could talk of +imprudence of impolicy. The will of Englishmen and of Frenchmen was +coerced by the force of events. When all Protestant Ireland was in arms, +when the whole Irish nation demanded parliamentary independence, when +England had been defeated in America, when France and Spain were allied +against her, then the acceptance of Grattan's declaration of right was +in truth a necessity. When Wellington became the supporter of Catholic +Emancipation because he would not face civil war, when famine was at our +gates and Peel repealed the corn laws--then again politicians could +plead the excuse of necessity. In these and like crises the wisest men +and the bravest men are forced to recognise the logic of facts; and +necessity rather than prudence dictates the course of statesmanship. But +no such crisis has now arisen. England and Ireland were as safe under +the government of Lord Salisbury as under the government of Mr. +Gladstone--perhaps safer. No one except an extremely excited and very +rhetorical politician will venture to assert that, if Lord Salisbury +instead of Mr. Gladstone had last summer gained a majority of forty, any +man or woman throughout the United Kingdom would have trembled for the +safety of the country. The sky is far less dark than on that fearful day +eleven years back[111] when England stood aghast at the assassinations +of the Phoenix Park. Irish discontent is an immense evil, of which every +just man must deplore the existence; its removal would be the greatest +benefit which statesmanship could by any possibility confer upon +England. But the immediate dealing with it in a particular way is not a +necessity. Were the Home Rule Bill, and every Home Rule Bill, rejected +by Parliament, the United Kingdom would be as safe as it has been at any +time for the last ninety years and more. + +In plain truth we have all of us forgotten the meaning of necessity. +Gladstonians have come honestly to confuse the needs of a party with the +necessities of the country. This is a delusion that at all times and in +all lands affects great political connections which, having once +rendered high services to the nation, have outlived the valid reasons +for their existence. The Republicans saved the United States from +disruption. Hence in 1888, when Secession was an historical memory, many +of the most to be respected among Americans believed that the rule of an +honest Democrat was a worse evil than the rule of a corrupt Republican. +Thousands of Frenchmen, amidst the moral bankruptcy of Republican +politicians, still hold that, because Republicans years ago saved France +from ruin, even reconciled Conservatives cannot in the year 1893 be +placed in office without danger to the commonwealth. So it is abroad; so +it has been in England. In 1760 the best and wisest of English statesmen +deemed it impossible that England should be rightly governed by any +politicians but the representatives of the Revolution Families. In 1829 +honest citizens trembled at the thought of power passing into the hands +of the Whigs; for the Tories had ruled for nearly sixty years, and the +Tories had preserved England from revolution and invasion. So at this +moment to many well-meaning Liberals the long predominance of the +Liberal party makes the possibility of a Cabinet containing politicians +who may in any sense be called Tories seem a monstrous calamity, which +it is a necessity to avert. Vain to point out that Lord Salisbury and +Mr. Balfour are such Tories as Eldon would have called Jacobins and Lord +Melbourne Radicals, and that, they are allied with the best and most +trustworthy of living Liberal leaders. Their is no arguing with +sentiment; it is necessary to keep the Gladstonian Liberals in office, +and the constitution must be sacrificed in order that Lord Salisbury may +not resume the Premiership. But there is a deeper cause than all this +for our strange ideas of necessity. Habitual ease and unvarying +prosperity have for a moment lowered the national spirit. Englishmen +confuse inconveniences with dangers; they have forgotten what real peril +is; they cannot understand the calmness with which, not a century ago, +their fathers resisted at once insurrection in Ireland and the most +powerful foreign enemy who has ever challenged the power of England, and +this too at a time when the population of Great Britain was not above +nine millions and the people of Ireland numbered more than four +millions, when France was the leading military power of the world, and +Ireland might at any moment receive the aid of a French army led by one +of the best French generals. The men of 1798 or 1800 would mock at our +ideas of necessity. Ireland has not an eighth of the population of the +United Kingdom; our Home Rulers are not Ireland; they are a very +different thing--the Irish populace. Let us yield everything which ought +to be yielded to justice; let us obey the dictates of expediency, which +is only justice looked at from another side; let us concede much to +generosity; but in the name of common sense, of honesty, and of +manliness, let us hear no more of necessity. Once in an age necessity +may be the defence of statesmanship forced to confess its own blindness, +but it is far more often the plea of tyranny, of ambition, of cowardice, +or despair. + + +B. _No danger in Home Rule_. The arguments which are employed to show +that the policy of Home Rule and the new constitution which embodies it +involve no danger for England are in the main drawn from the +'Safeguards' or Restrictions contained in the Bill--from the alleged +precedent of Grattan's Constitution--from the success of Home Rule in +other parts of the world--and, generally, from the expediency of +trustfulness. + +i. _The Safeguards_. The Restrictions on the power of the Irish +Parliament are, it is asserted, sufficient and more than sufficient to +reassure Unionists, and an intimation is sometimes added that, if +further security is wanted, further safeguards may be provided. + +This ground of confidence may be briefly dismissed; its answer is in +effect supplied by the foregoing pages. + +On the action of the Irish Executive the Restrictions place, and from +the nature of things can place, no restraint whatever, and yet both +England and the Irish Loyalists have far more reason to dread the abuse +of executive than of legislative authority. On the legal action of the +Irish Parliament the Restrictions do place a certain restraint, but the +Restrictions are, as already shown, not in reality enforceable. They are +for good purposes a nullity; they are effective, if at all, almost +wholly for evil; they exhibit the radical and fatal inconsistency of +Gladstonian policy. The policy of Home Rule is a policy of absolute and +unrestricted trust; the safeguards are based on distrust. There is +something to be said for generous confidence, and something also for +distrustful prudence; there is nothing to be said for ineffective +suspicion. + +ii. _Grattan's Constitution_. From the asserted harmony between England +and Ireland from 1782 to 1800 under Grattan's Constitution, the +inference is drawn that there is no reason to fear discord between +England and Ireland under the Gladstonian constitution of 1893. + +The fallacy underlying the appeal to this precedent has been, to use +words of Mr. Lecky, 'so frequently exposed that I can only wonder at its +repetition.'[112] Under Grattan's Constitution the Irish Executive was +appointed, not by the Irish Parliament, but by the English Ministry; the +Irish Parliament consisted solely of Protestants; it represented the +miscalled 'English garrison,' and was in sympathy with the governing +classes of England. With all this to promote harmony, the concord +between the governing powers in England and in Ireland was dubious. The +rejection of England's proposals as to trade, and the exaction of the +Renunciation Act, betray a condition of opinion which at any moment +might have produced open discord. When at last the parliamentary +independence of Ireland had led up to a savage rebellion, suppressed I +fear with savage severity, English statesmen knew that an independent +Irish Parliament threatened the existence of England. I may be allowed, +even by Gladstonians, to place the genius and patriotism of Pitt on at +least a level with the genius and patriotism of the present Premier. I +may be allowed to doubt whether Mr. Gladstone's studies, however +profound, in the history of Ireland, can, in 1893, render his +acquaintance with the circumstances and the dangers of 1800 equal to the +knowledge of the Minister who, in 1800, carried the Act of Union. And +Pitt then held that the Union with Ireland was necessary for the +preservation of England. If moreover Grattan's Constitution be a +precedent for our guidance, let us see to what the precedent points. The +leading principles or features of Grattan's Constitution are well known. +They are the absolute sovereignty of the Irish Parliament, and its +independence of and equality with the Parliament of Great Britain; the +renunciation by the British Parliament of any claim whatever to +legislate for Ireland, and of any jurisdiction on the part of any +British court to entertain appeals from Ireland; and, lastly, the +absence of all representation of Ireland in the Parliament at +Westminster. Each of these principles or features is denied or reversed +by our new Gladstonian constitution. The Irish Parliament is to be, not +a sovereign legislature, but a subordinate legislature created by +statute, and a legislature of such restricted and inferior authority as +to be unworthy of the name of a parliament. The Imperial Parliament, +with its vast majority of British members, asserts its absolute +supremacy in Ireland, and the right at its discretion to legislate for +Ireland on any matter whatever; in Ireland there is to be founded an +Imperial or British Court appointed by the Imperial Ministry, having +jurisdiction on all matters affecting Imperial rights, and the final +Court of Appeal from every tribunal in Ireland is to be the British +Privy Council. Add to this that Irish members are to sit in the +Parliament of Westminster as the 'outward and visible sign' of the +Imperial Parliament's supremacy. But if every principle of Grattan's +Constitution be contradicted by the Gladstonian constitution, if every +principle which Grattan detested is a principle which Mr. Gladstone +asserts, with what show of reason can the success, uncertain though it +be, of the Constitution of 1782 be pleaded as evidence of the probable +success of the Gladstonian constitution of 1893? That two arrangements +are unlike is to ordinary minds no proof that they will have similar +results; a parliamentary majority of forty-two may repeal the Act of +Union, but it cannot repeal the laws of logic.[113] + +iii. _Success of Home Rule_. All over the world, we are told, Home Rule +has succeeded; there are, under the government of the British Crown, at +least twenty countries enjoying Home Rule, and their local independence +causes no inconvenience to the United Kingdom or to the British Empire. +It follows therefore that Home Rule in Ireland will be a success and +will in no way disturb the peace or prosperity of the United Kingdom. + +The sole difficulty in meeting this argument is the extreme vagueness of +its principal term. The words 'Home Rule' are in their signification so +vague, at any rate as employed by Ministerialists, that they cover +governments of totally different descriptions. Hungary, Norway, a State +of the American Union, a Province of the Canadian Dominion, the Dominion +itself, Man, Jersey, and Guernsey, every English colony with +representative institutions, are each described, by one Gladstonian +reasoner or another, as happy and prosperous under Home Rule. But there +is no one who will deny that the dissimilarities between the governments +existing in each of the countries referred to are at least as striking +as are their similarities; that the contrast, for example, between the +relation of Hungary to the Austro-Hungarian Empire and the relation of +New York to the United States is at least as obvious as its likeness. +The analogy, moreover, between Home Rule in any of these countries and +Home Rule in Ireland is at best distant and shadowy.[114] + +The crisis is too serious to permit us to waste words in examining the +curiosities of the Home Rule controversy. Of Hungary, and its relation +to the Empire of which it forms part, nothing at all will here be said. +There is nothing in that relation analogous to Irish Home Rule. Nor need +we trouble ourselves with the 'Home Rule' of Rhodes, of Samos, or of the +Lebanon. Of these and any other States, if such there be, which enjoy +'Home Rule' under the supremacy of the Sultan, all that need be said is +that it is satisfactory to learn on the authority of Mr. Gladstone that +any part whatever of the Turkish Empire is well governed and happy. If +any one can seriously suppose that the prosperity of Man and the Channel +Islands, which reap all the benefits and bear none of the burdens of +connection with Great Britain, and moreover have at no time been +discontented, affords any reason for supposing that the secular +miseries and discontent of Ireland will be cured by a system of +government totally different from that which prevails either in Man, or +Guernsey, or in Jersey, let him refer to these interesting islands.[115] +For myself I shall leave them out of account. Of the cordial relations +between Sweden and Norway we hear nothing; the goodwill generated by a +system of Home Rule is bringing these countries to the brink of civil +war.[116] + +There are two analogous cases or precedents on which serious reasoners +rely in support of a policy of Home Rule for Ireland. The success of +federal government in other countries, and especially in the United +States, and the success of colonial independence throughout the British +Empire, are adduced as presumptions that Home Rule would knit together +Great Britain and Ireland, or, as the cant of the day goes, transform a +paper union into a union of hearts. If New York be loyal to the United +States, if New Zealand be loyal to the British Crown, why should not +Ireland, when endowed with local independence resembling the +independence of an American State or of a self-governing British colony, +be a loyal member of the United Kingdom?[117] + +This is the suggested argument--let us consider its validity. + +As to federalism.--All the conditions which make a federal constitution +work successfully in the United States, in Switzerland, and possibly in +Germany, are wanting in England and Ireland. No man till the last five +or six years has even suggested that Englishmen or Scotsmen desire a +federal government for its own sake. Whether Mr. Gladstone himself has +any wish to federalise the whole United Kingdom is at least open to +doubt. Where federalism has succeeded, it has succeeded as a means of +uniting separate communities into a nation; it has not been used as a +means of disuniting one State into separate nationalities. The United +States, it has been well said, is a nation under the form of a federal +government. Gladstonians apparently wish to bind together two, or shall +we say three or four, nations, or nationalities, under the reality of a +federation and the name of a United Kingdom. While all the powerful +countries of the world are increasing their strength by union, the +advocates of the new constitution pretend to increase the moral strength +of the United Kingdom by loosening the ties of its political unity. If +any one ask why federalism which has succeeded in America should not +succeed in the United Kingdom, the true answer is best suggested by +another question: Why would not the constitutional monarchy of England +suit the United States? The answer in each case is the same. The +circumstances and wants of the two countries are essentially different; +and if this be not a sufficient reply, the reflection is worth making +that in the three great Confederacies of the world unity has been +achieved, or enforced by armed conflict. + +As to colonial independence.--The plain and decisive reason why the +loyalty of New Zealand to the Empire affords no presumption of the +loyalty under our new constitution of Ireland to the United Kingdom is +this: The whole condition of New Zealand is different from the condition +of Ireland, and our new constitution is not intended to give Ireland the +position of New Zealand. Thousands of miles separate New Zealand from +Great Britain. Ireland is separated from us by not much more than twelve +miles. New Zealand has never been hostile to England; her people are +loyal to the British Crown. Ireland, or part of the Irish people, has +been divided from England by a feud of centuries; it would be difficult +among Irish Nationalists to obtain even the show of loyalty to the +Crown. New Zealand is wealthy, and New Zealand pays not a single tax +into the Exchequer of the United Kingdom. Ireland is poor, and, if her +taxation is lightened by Home Rule, the tribute which will be paid to +England will be heavy, and far more galling than the taxes she now pays +in common with the rest of the United Kingdom. The new constitution, +again, is utterly unlike a colonial constitution. Its burdens would not +be tolerated by any one of our independent colonies. The rights it +gives, no less than the obligations it imposes, are foreign to our +colonial system. The presence of the Irish representation at Westminster +forbids all comparison between Ireland under Home Rule and New Zealand +under a system of colonial independence. + +But the matter must be pressed further. Even were it possible to place +Ireland in the position either of an American State or Swiss Canton, or +of an independent colony, the arrangement would not meet the needs of +the United Kingdom. This is a point which has not as yet arrested +attention. For the safety of the United Kingdom it is absolutely +necessary that the authority of the Imperial Government, or, in other +words, the law of the land, should be enforced in Ireland in a sense in +which the law of the land is rarely enforced in federations, and in +which it is certainly not enforced by the Imperial Government in +self-governing colonies. + +In federations the law of the land is nearly powerless when opposed to +the will of a particular State. President Jackson's reported dictum, +'John Marshall[118] has delivered his judgment, let him now enforce it +if he can,' and the fact that the judgment was never enforced,[119] are +things not to be forgotten. They are worth a thousand disquisitions on +the admirable working of federalism. But there is no need to rely on a +traditional story, which, however, is an embodiment of an undoubted +transaction. The plainest facts of American history all tell the same +tale. No Abolitionist could in 1850 without peril to his life have +preached abolition in South Carolina; difficult indeed was the +enforcement of the Fugitive Slave Law and small the practical respect +paid in Massachusetts to the doctrine of the Dred Scott Case. Unless all +reports are false, the Negro vote throughout the Southern States is at +this moment practically falsified, and little do the Constitutional +Amendments benefit a Negro in any case where his conduct offends +Southern principle or prejudice. For my present argument it matters +nothing whether the oppression of individuals or the defiance of law was +or was not, in all these cases, as it certainly was in some instances, a +violation to the supreme law of the land. If the law was violated then, +why should we expect Imperial law to be of more force in Ireland than +federal law in South Carolina, or in Massachusetts? If the rights of +individuals were not adequately protected by federal law against the +injustice of a particular State, then why expect that the provisions of +our new constitution, far less stringent as they are than the protective +provisions of the United States Constitution, should avail to protect +unpopular persons in Ireland against the legal tyranny of the Irish +Executive or the Irish Parliament? + +Experience of federalism is not confined to the United States. The Swiss +Confederation is in Europe the most successful both of democratic and of +federal polities. The Swiss Executive exercises powers common to all +continental governments but of a description which no English Cabinet +could claim, and the Swiss Executive is made up of statesmen skilful +beyond measure in what may be called the diplomacy of federalism. Yet in +Switzerland, as in the United States, federal 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 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 colony. +The Victorian Premier (Mr. Service) announced in Parliament that their +landing should be hindered. The police, acting under the orders of the +Ministry, boarded the ship which brought the strangers, went near to +assaulting the captain, and forcibly prevented the hated travellers from +setting foot on shore. By arrangement between the Melbourne Government, +the captain, and the three men, who were by this time in terror of their +lives, the victims of lawlessness were carried back to England. That the +law had been grossly violated no one can really dispute. The violation +was the more serious because it excited no notice. No appeal was +apparently made to the Courts. The Governor--the representative of +Imperial power and Imperial justice--knew presumably what was going on, +yet he uttered not one word of remonstrance. The Agent-General for +Victoria, when at last a private person in England called attention to +the outrage at Melbourne, pleaded in effect the plea of necessity, and +described the act of tyranny, whereby British citizens were in a British +colony turned into outlaws, as 'an act of executive authority.' The +Imperial Government did I believe--what was perhaps the wisest thing it +could do--nothing. Imperial supremacy in the colonies was, as regards +the protection of unpopular individuals, admitted to be a farce. What, +however, rendered the three travellers unpopular? They were Irish +informers who had aided, unless I am mistaken, in the conviction of the +Phoenix Park murderers. Let us now in imagination conceive our new +constitution to have come into being, and transfer the transactions at +Melbourne in 1883 to Dublin in 1894. Will the Imperial supremacy which +is supposed to be so effective in the colonies be of any more worth in +Ireland than in Victoria?[121] + +Were it true, then, which it certainly is not, that the conditions exist +in Ireland which conduce to the maintenance of federal power in the +State of a well-arranged federation, and to the maintenance of Imperial +power in a self-governing British colony, this would not be enough to +support the argument in favour of the new constitution. For the Imperial +Government needs that the law should be maintained, and the rights of +individuals be protected, in Ireland with greater stringency than the +law is enforced or the rights of individuals are protected either under +a federal government or in a British colony. Miserable indeed would be +the position of England were she forced in Ireland to wink at +lawlessness such as but the other day disgraced New Orleans, or at mob +law countenanced by the 'Executive,' such as in 1883 ruled supreme at +Melbourne. Foreign powers at any rate would rightly decline to let the +defects of our constitution excuse the neglect of international duties. +If England cannot shuffle off her responsibilities, England is bound in +prudence to maintain her power. + +iv. _The Policy of Trust_. 'I believe myself that suspicion is the +besetting vice of politicians and that trust is often the truest +wisdom.'[122] + +This sentiment is followed by curious and ambiguous qualifications. It +is not cited for the sake of fixing Mr. Gladstone with any doctrine +whatever; it is quoted because it neatly expresses the sentiment which, +in one form or another, underlies most of the arguments in favour of +Home Rule or of our new constitution. The right attitude for a +politician, it is urged, is trust; he should trust the Irish leaders and +their assurances or professions; he should trust in the training +conferred upon men by the exercise of power; he should trust in the +healing effects of a policy of conciliation, or, to put the matter +shortly, he should trust in the goodness and reasonableness of human +nature. Exercise only a little trustfulness and the policy of Home Rule, +it is suggested, may be seen to be a wise and prudent policy.[123] + +How far, then, is trust in any of the three forms, which it may on this +occasion take, a reasonable sentiment? + +We are told to trust the Irish leaders. + +My answer to this advice is plain and decided. Confidence is not a +matter of choice. You cannot give your trust simply because you wish to +give it. Men are trusted because they are trustworthy. The Irish Home +Rule leaders as a body cannot inspire trust, for the simple reason that +their whole policy and conduct prove them untrustworthy. Politicians, +strange as the fact may appear to them, cannot get quit of their past. + +Look for a moment at the history--the patent, acknowledged history--of +the agitators or the patriots (and I doubt not that many of them are, +from their own point of view, patriotic) in whom we are asked to +confide, and whose assurances are to form the basis on which to rest a +dubious policy. They have been till recently the foes of England. This +in itself is not much; many a rebel has been the enemy of England, and +yet has been entitled to the respect of Englishmen. But there are deeds +which neither hatred to England nor love of Ireland can justify. Even +sedition has its moral code, and like war itself is subject to +obligations which no man can neglect without infamy. The conspirators +condemned by the Special Commission--and among them are to be found the +most prominent of the Irish leaders[124]--have been guilty of conduct +which no wise man ought to forget and no good man ought to palliate. +They have for years excited Irish ignorance against England and against +English officials by a system of gross incessant slander; witness the +pages of _United Ireland_ when Lord Spencer and Sir George Trevelyan +were in power at Dublin. The men whom we are told to trust are men who +did enter into a criminal conspiracy by a system of coercion and +intimidation to promote an agrarian agitation against the payment of +agricultural rents, for the purpose of impoverishing and expelling from +the country the English landlords[125]; they are men found guilty of not +denouncing intimidation which led to crime and outrage, but of +persisting in it with a knowledge of its effect.[126] They are proved to +have made payments to compensate persons injured in the commission of +crime[127]; they are men who have solicited and taken the money of +Patrick Ford, the advocate of dynamite; and have invited and obtained +the co-operation of the Clan-na-Gael.[128] Their whole system of +agitation has been utterly unlike that of honourable agitators, +conspirators, or rebels; it would have excited the horror of O'Connell; +it would have been repudiated with disgust by Davis, by Gavan Duffy, by +Smith O'Brien, and the other Irish leaders of 1848. The men who now ask +for our confidence have in their attack upon England forgotten what was +due to Ireland; they have deliberately taught Irish peasants lessons of +dishonesty, oppression, and cruelty, which the farmers of Ireland may +take years to unlearn. Of the degradation which they have gradually +inflicted upon the English Parliament one is glad to say little. It is, +however, well that the House of Commons should recollect that +parliamentary debates are open to all the world and that Englishmen and +Englishwomen see no reason why brutalities of expression should be +tolerated in the oldest representative Assembly of Europe which would be +reproved in any respectable English meeting. But you can sometimes trust +men's capacity where you cannot trust their moral feeling. Unfortunately +the Irish Parliamentary party have given us examples of their ability in +matters of government which are not reassuring. The scenes of Committee +Room No. 15[129] are a rehearsal of parliamentary life under Home Rule +at Dublin. + +But the Gladstonians, we shall be told, guarantee the good faith of +their associates. Unfortunately, as judges of character the Gladstonians +are out of court. The leader who first obtained their confidence was Mr. +Parnell. If the Home Rule Bill of 1886 had become law Mr. Parnell would +have become Premier of Ireland, and we should have been bidden to put +trust in his loyalty and his integrity. There are no Gladstonians now +who think Mr. Parnell trustworthy. Why should they be better judges of +the trustworthiness of Mr. Dillon, Mr. M'Carthy, or Mr. Davitt, than +they were of the character of the statesman who was the leader, friend +or patron of the whole Irish Parliamentary party? Note, however--for in +this matter it is essential to make one's meaning perfectly clear--I do +not allege, or suppose, that the assurances of the Irish leaders are +mendacious. They believe, I doubt not, what they say at the moment; but +their words mean very little. In a sense they believed, or did not +disbelieve, the slanderous accusations which filled the pages of _United +Ireland_. In a sense they now believe that the Home Rule Bill is a +satisfactory compromise. But the belief in each case must be considered +essentially superficial. Men are the victims of their own career: it is +absolutely impossible that leaders many of whom have indulged in +virulence, in slanders, in cruelty, in oppression, should be suddenly +credited with strict truthfulness, with sobriety, with respect for the +rights of others. Even as it is, landlords are, in Mr. Sexton's eyes, +criminals,[130] and he therefore cannot be trusted to act with fairness +towards Irish landowners. Mr. Redmond holds that imprisoned dynamiters +and other criminals should be released, whether guilty or not, and it is +therefore reasonable not to put Mr. Redmond in a position where he can +insist upon an amnesty for dynamiters and conspirators. Nor is it at all +clear that as regards amnesty any Anti-Parnellite dare dissent from the +doctrine of Mr. Redmond. It is odious, it will be said, to dwell on +faults or crimes which, were it possible, every man would wish +forgotten. But when we are asked to trust politicians who are +untrustworthy, it is a duty to say why we must refuse to them every kind +of confidence. Of the penalty for such plain speaking I am well aware. +It will be said that to attack the Irish leaders is to slander the Irish +people. This is untrue. In times of revolution men perpetually come to +the front unworthy of the nation whom they lead. To treat distrust of +the leaders of the Land League as dislike or distrust of the Irish +people is as unfair as to say that the censor of Robespierre, of Marat, +or of Barère denies that during the Revolution Frenchmen displayed high +genius and rare virtues. There are thousands of Irishmen who will +endorse every word I have written about the Irish leaders. Add to this +that I am not called upon to pronounce any further condemnation upon the +party than was pronounced upon the chief among them by the Special +Commission. All I assert is that from the nature of things the men found +guilty by the Commission cannot inspire trust. + +Power, it is often intimated, teaches its own lessons. Trust Irishmen +with the government of their own country, and you may feel confident +that experience will teach them how to govern justly. + +To this argument I need not myself provide a reply: it has been +admirably given by my friend Mr. Bryce. Every word which in the +following passage refers to the State legislatures of the United States +applies in principle to the future Parliament at Dublin:-- + + 'The chief lesson which a study of the more vicious among the State + legislatures teaches, is that power does not necessarily bring + responsibility in its train. I should be ashamed to write down so + bald a platitude were it not that it is one of those platitudes + which are constantly forgotten or ignored. People who know well + enough that, in private life, wealth or rank or any other kind of + power is as likely to mar a man as to make him, to lower as to + raise his sense of duty, have nevertheless contracted the habit of + talking as if human nature changed when it entered public life, as + if the mere possession of public functions, whether of voting or of + legislating, tended of itself to secure their proper exercise. We + know that power does not purify men in despotic governments, but we + talk as if it did so in free governments. Every one would of course + admit, if the point were put flatly to him, that power alone is not + enough, but that there must be added to power, in the case of the + voter, a direct interest in the choice of good men, in the case of + the legislator, responsibility to the voters, in the case of both, + a measure of enlightenment and honour. What the legislatures of the + worst States show is not merely the need for the existence of a + sound public opinion, for such a public opinion exists, but the + need for methods by which it can be brought into efficient action + upon representatives who, if they are left to themselves, and are + not individually persons with a sense of honour and a character to + lose, will be at least as bad in public life as they could be in + private. The greatness of the scale on which they act, and of the + material interests they control, will do little to inspire them. + New York and Pennsylvania are by far the largest and wealthiest + States in the Union. Their legislatures are confessedly the + worst.'[131] + +The passage is the more impressive just because it is not written with a +view to Ireland. No one doubts that the people of the United States, +both in morality and in talent, equal if they do not excel the people of +any other country in the world. But the warmest eulogist of America +seeks throughout his work for the explanation of the fact which is +really past dispute, that the political morality of the United States +sinks below the general morality of the nation.[132] There is not the +least reason why under a vicious constitution the government at Dublin +should not reflect or exaggerate the vices, rather than represent the +noble qualities and the gifts, of the Irish people. + +But the doctrine of trust takes another and more general form. You may +place confidence, it is alleged, in the goodness of human nature, and +should believe that the concession of Home Rule, just because it meets +the wishes of the Irish people, will take away every source of +discontent, and thereby remove any difficulty in making even an +imperfect constitution work well. + +To this the answer may fairly be made, which I have made in the +preceding pages, that Home Rule does not meet the wish of the most +important part of the Irish people, but in truth arouses their +abhorrence, and that even Home Rulers care much less than Gladstonians +suppose about constitutional changes. To give a man a vote for a +Parliament at Dublin when he is demanding an acre or two of land, comes +very near giving him a stone when he asks for bread. But I assume for a +moment that the Irishmen, who express no great enthusiasm for the Home +Rule Bill, desire the new constitution as ardently as sixty years or so +ago our fathers desired parliamentary reform. Yet even on this +assumption the belief in Home Rule as a panacea for Irish ills is +childish, and belongs to a bygone stage of opinion. We now know that +changes in political machinery, however important, do not of themselves +produce content. A poverty-stricken peasant in Connaught will not be +made happy because a Parliament meets at Dublin. We now further know +that the difficulty of satisfying popular aspirations often arises from +the fundamental faults of human nature. Trust in the people may often be +wiser than distrust, but to suppose that masses of men are wiser, more +reasonable, or more virtuous than the individuals of which they consist, +is as idle a political delusion as the corresponding ecclesiastical +delusion that a church has virtues denied to the believers who make up +the church. On this point an anecdote makes my meaning clearer than an +argument. On May 15, 1848, the French National Assembly was invaded by +an armed mob, who shouted and yelled for three hours and more, and +threatened at any moment to slaughter the representatives of France. +From June 22-26, 1848, there raged the most terrible of the +insurrections which Paris has seen. For the first time in modern history +the workmen of the capital rose against the body of the more or less +well-to-do citizens. There was not a man in Paris who did not tremble +for his property and his life. Householders feared the very servants in +their homes. Between these days of ferocity intervened a day of +sentiment. On May 21, 1848, the Assembly attended a Feast of Concord. +There were carts filled with allegorical figures, there were +processions, there were embraces; the whole town, soldiers, national +guards, gardes mobiles, armed workmen, a million of men or more, passed +in array before the deputies. The feast was a feast of concord, but +every deputy had provided himself with pistols or some weapon of +defence. This was the occasion when we are told by the reporter of the +scene, 'Carnot said to me with a touch of that silliness (_niaiserie_) +which is always to be found mixed up with the virtues of honest +democrats, "Believe me, my dear colleague, you must always trust the +people." I remember I answered him rather rudely, "Ah! why didn't you +remind me of that on the day before May 15?"' The anecdote is told by +the greatest political thinker whom France has produced since the days +of Montesquieu. 'Trust in the people' did not appear the last word of +political wisdom to Alexis de Tocqueville.[133] + +The Gladstonian pleas to which answer has been made are, it will be +said, arguments not in favour of our new constitution, but in support of +Home Rule. The remark is just; it points to a curious weakness in the +reasoning of Gladstonians. They adduce many reasons of more or less +weight for conceding some kind of Home Rule to Ireland. But few indeed +are the reasons put forward, either in the House of Commons or +elsewhere, in favour of the actual Home Rule Bill of 1893. As to the +merits of this definite measure Ministerialists show a singular +reticence. It may be that they wish to save time and hold that the +measure commends itself without any recommendation by force of its own +inherent merits. But to a critic of the new constitution another +explanation suggests itself. Can it be possible that Ministerialists +themselves are not certain what are the fixed principles of the new +policy? Everything about it is indefinite, vague, uncertain. Who can say +with assurance what Gladstonians understand by Imperial supremacy? Is +there or is there not any idea of excluding Ulster from the operation of +the Bill? Is it or is it not a principle that members from Ireland shall +be summoned to Westminster? Are the Irish members, if summoned, to vote +on all matters, or on some only? To each of these questions the only +answer that can be given is--nobody knows. But in this state of +ignorance it is natural and excusable that apologists should confine +themselves to general lines of defence. No politician who respects +himself would willingly risk a vigorous apology for the special +provisions of a particular measure, when, for aught he knows, the +provision which he thinks essential turns out to be an unimportant +detail, and is liable to sudden variation. + +FOOTNOTES: + +[108] 'I have told you candidly my sentiments. I think they are not +likely to alter yours.... But hereafter they may be of some use to you, +in some future form which your commonwealth 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 of untried +being," and in all its transmigrations to be purified by fire and +blood.'--_Burke's Works_, ii. (ed. 1872), p. 517, 'Reflections on the +Revolution in France.' + +[109] As to the general causes of the strength of the Home Rule movement +in England, and the general considerations in its favour, see _England's +Case against Home Rule_ (3rd ed.), ch. iii. and iv. pp. 34-127. From the +opinions expressed in these chapters I see no reason for receding. + +[110] Mr. M'Carthy, April 10, 1893, _Times Parliamentary Debate_, 353. + +[111] [May 6, 1882. Now twenty-nine years back.] + +[112] Every one should read Mr. Lecky's letter of April 4, 1893, +addressed to the Belfast Chamber of Commerce, and printed in the +_Chamber's Reply_ to Mr. Gladstone's speech. It deals immediately not +with the relations between England and Ireland, 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_ which +refers to Grattan's Parliament bears out the contention, that no +inference can be drawn from it as to the successful working, as regards +either England or Ireland, of the legislature to be constituted under +the Home Rule Bill. + +[113] Add also that steamboats and railways have practically, since the +time of Grattan, brought Ireland nearer to England, and Dublin nearer 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 crossing from +Holyhead to Dublin. Mr. Morley can attend a Cabinet Council at +Westminster one afternoon and breakfast next morning in Dublin. + +[114] With the conclusions as to Home Rule of my lamented friend Mr. +Freeman it is impossible for me to agree. But for that very reason I can +the more freely insist upon the merit of his paper on _Irish 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 relation of Home Rule and +afford no analogy to the relation which Home Rulers propose to establish +between Great Britain and Ireland. See _The New Princeton Review_ for +1888, vol. vi. pp. 172, 190. + +[115] A Gladstonian who thinks the case of the Channel Islands in point, +would do well to get up the facts of their history. They were no more +'given' a constitution by England than, as most Frenchmen believe, they +were conquered from France. See Mr. Haldane, April 7, 1893, _Times +Parliamentary Debates_, p. 333. + +[116] They have now (1911) led to political separation, happily without +the need for civil war. + +[117] See further on this point, Home Rule as Federalism, _England's +Case against Home Rule_ (3rd ed.), pp. 160-197, and for Home Rule as +Colonial Independence, _ib_. pp. 197-218. + +[118] Then the Chief Justice of the Supreme Court of the United States. + +[119] See 'Andrew Jackson,' _American Statesmen Series_, p. 182. + +[120] Hilty, _Separatabdruck aus dem Politischen Jahrbuch der +Schweizerischen Eidgenossenschaft_ (_Jahrgang_ 1891), p. 377. + +[121] For the story of Kavanagh, Hanlon, and Smith, and their attempted +landing at Melbourne, see _England's Case_ (3rd ed.), p. 207. + +[122] Mr. Gladstone, February 13, 1893, _Times Parliamentary Debates_, +p. 307. + +[123] An eminent and very able Gladstonian M.P. once said in my +presence, in effect, for I cannot cite his actual words, that the +difference between Gladstonians and Unionists was a difference in their +judgment of character or of human nature. He touched I believe far more +nearly than do most politicians the root of the differences which divide +the authors and the critics of our new constitution. + +[124] Report of Special Commission, pp. 54, 55. + +[125] _Ibid_. pp. 53, 119. + +[126] _Ibid_. pp. 119, 120. + +[127] Report of Special Commission, p. 120. + +[128] _Ibid_. + +[129] This Committee Room was the scene of the desertion of Parnell by +the majority of his former followers. + +[130] 'The crime of the Land League was a trifle compared to the crime +of the landlords.'--Mr. Sexton, April 20, 1893, _Times Parliamentary +Debates_, p. 525. + +[131] Bryce, _American Commonwealth_ (1st ed.), ii. pp. 190, 191. + +[132] Compare _ibid_. ii. p. 618. + +[133] 'Carnot me dit avec cette niaiserie que les démocrates honnêtes ne +manquent guère de mêler à leur vertu: "Croyez-moi, mon cher collègue, il +faut toujours se fier au peuple." Je me rappelle que je lui répondis +assez brusquement: "Eh! que ne me disiez-vous cela la veille du 15 +mai?"'--_Souvenirs de Alexis de Tocqueville_, p. 196. + + + + +CHAPTER V + +THE PATH OF SAFETY + + +We stand on the brink of a precipice.[134] To say that Englishmen are +asked to take a leap in the dark is far to understate the peril of the +moment. We are asked to leave an arduous but well-known road, and to +spring down an unfathomed ravine filled with rocks, on any one of which +we may be dashed to pieces. + +The very excess of the peril hides its existence from ordinary citizens. +Mr. Gladstone, they argue, is a wise man and a good man, his colleagues +are partisans, they are not conspirators; it is incredible that they +should recommend a measure fraught with ruin to England. But the matter +is intelligible enough. Mr. Gladstone's weakness, no less than his +strength, has always lain in his temporary but exclusive preoccupation +with some one dominant idea. The one notion which possesses his mind--to +judge from his public conduct and speeches--is that at any cost Home +Rule, that is, an Irish Executive and an Irish Parliament, must be +conceded to Ireland. Enthusiasm, pride, ambition, all the motives, good +and bad, which can influence a statesman, urge him to achieve this one +object. If he succeeds his political career is crowned with victory, if +not with final triumph; if he fails his whole course during the last +seven years turns out an error. But it has long been manifest that only +with the greatest difficulty can English electors be persuaded to accept +Home Rule. Hence it has been found essential that the principles of the +measure should not be known before the time for passing it into law. +Hence the ill-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 in reality the fact +which governs the character of the new constitution. To imply that such +a matter can be treated as subsidiary is, in the eyes of any student of +constitutions, as ridiculous as it would seem to Mr. Gladstone for a +Chancellor of the Exchequer, on introducing his budget, to assert that, +whether he maintained or did not maintain the income tax, was an organic +detail which did not fundamentally affect his financial proposals. The +Ministry are as much at sea as their chief; nor is this wonderful. There +are two things of which English statesmen have had little experience. +The one is a revolutionary movement, the other is the construction of a +constitution. But the Home Rule Bill is at once the effect and the sign +of a revolutionary movement, and the task in which the Gladstonians are +engaged is the formation of a new constitution. Blind leaders are +leading a blind people, and our blind leaders, some of whom care more +for Radical supremacy in England than for Imperial supremacy in Ireland, +are like many other men of our time, the slaves of phrases, such as +'trust in the people,' which pass muster for principles. If the blind +lead the blind, what wonder if they stumble over a precipice? + +The peril in which the country stands is concealed from us by a curious +reaction of opinion. Good political institutions, it was at one time +held, were the cause of a nation's happiness, and England, it was firmly +believed, owed her prosperity wholly to her constitution. A century of +revolutions has taught us all that a good form of government cannot of +itself save a state from ruin, and many of us have come to think that +forms of government are nothing, and that no constitutional changes can +impair the strength of England. No delusion however is more patent or +more noxious. Never was a country richer in the elements of strength +than were the Thirteen Colonies when their independence was acknowledged +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 forty[135] years back, she could hardly maintain her +rights and her dignity against Austria, the classical instance of +Germany, which though possessed of every source of power lay for +generations at the mercy of France, mainly on account of vicious +political institutions, are proofs, if evidence were wanting, of the +capacity of ill-designed constitutions to hamper the action and threaten +the prosperity of great nations. A constitution in truth is a national +garb. A good constitution will not make a weak country strong, but an +unsuitable constitution may reduce a strong country to feebleness. A +weakling does not become a strong man by putting on armour, but a giant +can derive no advantage from his strength if once he be got by fraud or +force into a strait waistcoat. + +Strength, it is true, will in the long run assert itself. The artificial +supremacy of Ireland, or of a faction supported by Irish votes, will not +last for ever; probably it will not last long. If the new constitution +prove unbearable by England it will not be borne; it will be overthrown +or evaded. Far am I from asserting that the breach or evasion will, 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 +terrible periods in which the observation of pledged faith seems +inconsistent with the natural dictates of honour and humanity, and weak +concession at the present moment will, at such a crisis, be found to +have contained among its other perils the danger lest England, when at +last she re-asserts her power in Ireland, should not re-establish her +justice. + +Where then lies the path of safety? The road is difficult, but it is +clearly marked; it is at any rate to be found, not by any exercise of +subtlety or of extraordinary acuteness, but by obeying the plain +dictates of common sense and sound public morality. The characteristics +of Unionist policy must be seriousness, simplicity, and reliance upon +an appeal to the nation. + +Seriousness is essential. + +The need of the time is to impress on the mass of the people the intense +gravity of the crisis. Far too much was said before the general election +about the weaknesses and the inconsistencies of the Gladstonians, and +far too little about the causes of their strength and the absolute +necessity for arduous efforts to defeat the Separatists at the +polling-booths. The error must not be repeated. + +The people must be told, as they may be told with absolute truth, that +the fate of England is in question, and that nothing but the efforts of +every Unionist throughout the land can save the country from +destruction. The contest has, without either party being aware of the +change, shifted its character since 1886. Then the names of Unionists +and Separatists expressed the whole difference between the opponents and +supporters of the Home Rule Bill. The Gladstonians for the most part +meant the Bill to affect, as far as possible, the condition of Ireland +alone. They did not mean to change the constitution of the United +Kingdom. It is now 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 English statesmen with revolutionary +doctrines and revolutionary sentiment. The difference between Unionist +and Separatist remains, but it is merged in the wider difference between +Constitutionalists and Revolutionists. The question at issue is not +merely, though this is serious enough, whether the Act of Union shall be +repealed or relaxed, but whether the United Kingdom is morally a nation, +and whether as a nation it has a right to insist upon the supreme +authority belonging to the majority of its citizens. A similar question +was some thirty-two years ago put to the people of the United States; it +was decided by the arbitrament of battle. + +The terrible calamity of an appeal to the test of force Englishmen may +avoid, but if it is to be avoided the national rights of the whole +people of the United Kingdom must be asserted as strenuously by their +votes as the rights of the citizens of the United States were vindicated +by their arms. The people of England again must be solemnly warned that +errors in policy or acts of injustice may snatch from us the power of +determining a political controversy at the ballot-box instead of on the +battle-field. It is folly to raise cases on the constitution; it is +always of the most doubtful prudence to handle the casuistry of +politics. Nothing will tempt me to discuss in these pages what are the +ethical limits to the exercise of constitutionally 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 condemned policy of Protestant ascendency. +Gladstonians hold that the democracy of England may ally itself with the +democracy of Ireland, and may treat lightly the rights and the wishes of +a Protestant and Conservative minority. In bygone times the aristocratic +and Protestant government of England allied itself with the Protestant +and aristocratic government of Ireland, and held light the rights and +the wishes of the Catholic majority. Each policy labours under the same +defect. The enforced supremacy of a class, be it a minority or a +majority, is opposed to the equitable principle of the supremacy of the +whole nation. There is no reason to suppose that Catholic ascendency +will be found more tolerable than was Protestant ascendency. + +The policy of Unionism should be marked by simplicity. + +The Unionist leaders have a clear though a difficult duty to perform. +Their one immediate function is resistance to a dangerous revolution. +Logically and politically, there was a good deal to be said for the +deliberate refusal to discuss, or to vote upon, any of the details of +the Home Rule Bill. There is always a danger lest the attempt to amend a +radically and essentially vicious measure should promote the 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 decided +that abstention from debate would be an error. As far as the matter is +to be looked at from a parliamentary point of view their judgment is +decisive, and since the policy of combating the Bill point by point has +been adopted it should be carried out, as it is being carried out, with +the utmost stringency. Minute discussion of the clauses of the Bill is +elaborate instruction for the mass of the nation. + +To the cry of obstruction no heed whatever need be paid. As long as +there is real discussion obstruction becomes, when the matter in debate +is the formation of a new constitution for the United Kingdom, an +impossibility. The business needs the most careful consideration. +Ministers themselves are uncertain as to what are the essential +principles of their own scheme. Every detail involves a principle, and +in a Bill where clearness is of vital importance, every clause involves +an ambiguity. Each part moreover of the new constitution must be +considered with regard to the rest, and the expression of different +views as to the meaning of the Bill is of itself of utility, when it is +of the greatest importance that Englishmen and Irishmen, Conservatives +and Radicals, should be agreed as to the 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 seven +years.' So, I reply, they might, if it had pleased the Gladstonians +either to produce their Bill or to announce its general principles. +Their silence was politic; it won them a majority at the general +election, but you cannot from the nature of things combine the +advantages both of reticence and of outspokenness. Silence may have been +justified as a piece of clever party tactics; it is a very different +question whether the concealment of seven years has turned out high +statesmanship. Gladstonians, like other men, cannot, as the saying goes, +have their cake and eat it. They have had the advantages, they are now +paying the inevitable price of reserve. Unionists in any case are bound +to turn this invaluable time to account. Discussion of the constitution +is the education of the people. + +In order, however, that this political training may be effective, our +parliamentary teachers must take care that the public are not confused +by the prominence necessarily given to details. Minute criticism of the +Bill is important, but at the present moment it is important only as +enforcing the radical vice of its main principles. No effort must be +spared to keep the mind 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, above all the injustice to +England and the injury to Ireland of retaining, under a system of Home +Rule, even a single Irish representative at Westminster, these broad +considerations are the things which should be pressed, and pressed home, +upon the electors. Minor matters are good topics for parliamentary +discussion, but should not receive a confusing and illusory prominence. + +The electors again must be made to feel that it is the essential +principle of Home Rule, the setting up of an Irish Government and an +Irish Parliament, to which Unionists are opposed. The least appearance +of concession to Home Rulers, or any action which gives increased +currency to the delusion, certainly cherished by some moderate +Gladstonians, that Home Rule can be identified with or cut down to +extended local self-government,[136] will be fatal to the cause of +Unionism. 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, it would +rather be the destruction of Unionism. The one course of safety is to +take care that at the next general election the country has laid before +it for determination a clear and unmistakable issue. The question for +every elector to answer must be reducible to the form Aye or No; will +you, or will you not, repeal the Union and establish an Irish Executive +and an Irish Parliament in Dublin? If the question be so raised +Unionists have no reason to fear an answer. + +The policy of Unionism has always relied on an appeal to the nation. + +The one desire of Unionists has always been to fight their opponents on +the clear unmistakable issue of Home Rule. The policy of Separatists 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 +Newcastle programme, as well as many others, with the one essential +question whether we should or should not repeal or modify the Act of +Union. + +To their policy of appeal to the people the Unionists will, of course, +adhere. The House of Lords will, it may be presumed, as a matter not so +much of right as of obvious duty, reject the present Home Rule Bill, so +as to refer to the electors of the United Kingdom the question whether +we shall, or shall not, have a new constitution. Even if such a +reference to the electors should result in a Gladstonian majority, it is +still possible that a further 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 +important function of the House of Lords at the present day is to take +care that no fundamental change in the constitution takes place which +has not received the undoubted assent of the nation. The peers are more +and more clearly awakening to the knowledge that under the circumstances +of modern public life this protection of the rights of the nation, which +is in complete conformity with democratic principle, is the supreme duty +of the Upper House. + +The question, however, to be considered at the moment is whether for the +performance of this duty something more may not be required than the +compelling of a dissolution. This something more is a direct appeal to +the electors in the nature of a Referendum. The question is still a +theoretical one; it cannot (unfortunately as it will appear to many +persons) be raised during the debates on the Bill in the House of +Commons. When the Bill reaches the House of Lords, it will, we may +suppose, be rejected, and all that a Unionist can wish for is, first, +that before actual rejection its general principles should be subjected +to complete discussion, and what is in this case the same thing, +exposure, and next that the House of Lords should, if necessary, take +steps which can easily be imagined, for providing that the rejection of +the Bill shall entail a dissolution. If, however, the dissolution should +result in a Gladstonian majority, and should lead to another Home Rule +Bill being sent up to their lordships, the question then arises as to +the Referendum. My own conviction, which has been before laid before the +public, is that the Lords would do well if they appended to any Home +Rule Bill which they were prepared to accept a clause which might make +its coming into force depend upon its, within a limited time, receiving +the approval of the majority 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 country. It affords the one available +check on the recklessness of party leaders; for the check is at once +effective and in perfect conformity with democratic principle and +sentiment. A second objection is that a Referendum renders any law which +obtains the approval of the electors more difficult of alteration than +an ordinary Act of Parliament. The allegation is true, but it really +tells greatly in favour of an ultimate reference to the people of any +Home Rule Bill passed in a Parliament. If such a Bill becomes law, it +ought to be a law not admitting of easy repeal. No doubt reaction may be +justifiable, but reaction is a great evil, and the Referendum puts a +check as well on reaction as on hasty innovation. In any case the time +has arrived when Unionist statesmen should consider the expediency of +announcing that no Home Rule Bill will finally be accepted until it has +undergone a reference to and received the approval of the electors. On +no better issue could battle be joined with revolutionists than on the +question whether the people of the United Kingdom should or should not +be allowed to express their will. Unionists have every reason to feel +confidence in their cause; their only policy, their one path of safety +is to make it, as they can do, absolutely plain that they rely upon +justice, and that they appeal from parties to the nation. + +We have now before us the essential features of the new constitution +framed by Gladstonians for the whole United Kingdom. We know its +inherent defects and inconsistencies; we have considered what may be +said on its behalf, or 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 since the day when the National +Assembly of France drew up that Constitution of 1791, which built to be +eternal endured for not quite a year, has an ancient nation been so +strangely invited to accept an untried and unknown polity. + +The position indeed of the French constitution-makers was in some +respects stronger and more defensible than the position of our English +innovators. The members of the National Assembly knew precisely what +they were doing. They meant to alter the fundamental institutions of +France. A change 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 escaping from a social condition which they detest, they may +know that an innovation is in itself of doubtful expediency, yet may +consider any alleged reform worth a trial when no change can be a change +for the worse. In the France of 1791 confidence in the future meant +abhorrence of the past. + +The authors of our new constitution can hardly be called the designers +of their own handiwork; they have been the sport of accident. Their +intention, or rather the intention of their leader, was in 1886 merely +to grant some sort of Parliamentary independence to Ireland. The +resolution to concede Home Rule was sudden; it may have been taken up +without due weighing of its consequences. It has assuredly led to +unexpected results. The statesmen who meant merely to give Home Rule to +Ireland have stumbled into the making of a new constitution for the +United Kingdom. What wonder that their workmanship betrays its +accidental origin. It has no coherence, no consistency; nothing is +called by its right name, and words are throughout substituted for +facts; the new Parliament of 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 of fundamental change, whereof +the effect is uncertain, conjectural, and perilous, and the permanence +is not guaranteed by its authors, Englishmen are well satisfied with +their old constitution; they may desire its partial modification or +expansion, they have never even contemplated its overthrow. Politicians, +in short, who meant to initiate a moderate reform, are pressing a +revolutionary change on a country which neither needs nor desires a +revolution; they propose to get rid of grave, though temporary, +inconveniences by a permanent alteration of which no man can calculate +the results in our whole system of government. Never before was a nation +so strangely advised by such bewildered counsellors to take for so +little apparent reason so desperate a leap in the dark. + +FOOTNOTES: + +[134] The whole gist of this chapter applies to the state of England in +1911 with greater force than even to its condition in 1893. Home Rule +will be carried, if at all, only by a House of Commons freed from the +authority of the House of Lords, and from the need of an appeal to the +people. + +[135] Now sixty-one years. + +[136] If any one wishes to see the difference between local +self-government and Home Rule, let him compare the Bill for the +extension of self-government in Ireland, brought in by the late +Ministry, with the Home Rule Bill. 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 Rule. The most extended Local Government +Bill and the most restricted Home Rule Bill differ fundamentally in +principle. The one in effect denies, the other in effect concedes, a +separate national government to Ireland. + +[137] See pp. 119-121, _ante_. + + + + +APPENDIX + + +GOVERNMENT OF IRELAND BILL + +ARRANGEMENT OF CLAUSES + +_Legislative Authority_ +Clause. +1. Establishment of Irish Legislature. +2. Powers of Irish Legislature. +3. Exceptions from powers of Irish Legislature. +4. Restrictions on powers of Irish Legislature. + +_Executive Authority_ +5. Executive power in Ireland. + +_Constitution of Legislature_ +6. Composition of Irish Legislative Council. +7. Composition of Irish Legislative Assembly. +8. Disagreement between two Houses, how settled. + +_Irish Representation in House of Commons_ +9. Representation in Parliament of Irish counties and boroughs. + +_Finance_ +10. As to separate Consolidated Fund and taxes. +11. Hereditary revenues and income tax. +12. Financial arrangements as between United Kingdom and +Ireland. +13. Treasury Account (Ireland). +14. Charges on Irish Consolidated Fund. +15. Irish Church Fund. +16. Local loans. +17. Adaptation of Acts as to Local Taxation Accounts and probate, etc., +duties. +18. Money bills and votes. +19. Exchequer judges for revenue actions, election petitions, etc. + +_Post Office Postal Telegraphs and Savings Banks_ +20. Transfer of post office and postal telegraphs. +21. Transfer of savings banks. + +_Irish Appeals and Decision of Constitutional Questions_ +22. Irish appeals. +23. Special provision for decision of constitutional questions. + +_Lord Lieutenant and Crown Lands_ +24. Office of Lord Lieutenant. +25. Use of Crown lands by Irish Government. + +_Judges and Civil Servants_ +26. Tenure of future judges. +27. As to existing judges and other persons having salaries charged on +the Consolidated Fund. +28. As to persons holding civil service appointments. +29. As to existing pensions and superannuation allowances. + +_Police_ +30. As to Police. + +_Miscellaneous_ +31. Irish Exchequer Consolidated Fund and Audit. +32. Law applicable to both Houses of Irish Legislature. +33. Supplemental provisions as to powers of Irish Legislature. +34. Limitation on borrowing by local authorities. + +_Transitory Provisions_ +35. Temporary restriction on powers of Irish Legislature and Executive. +36. Transitory provisions. +37. Continuance of existing laws, courts, officers, etc. +38. Appointed day. +39. Definitions. +40. Short title. + + + + +SCHEDULES + +A BILL TO AMEND THE PROVISION FOR +THE GOVERNMENT OF IRELAND[138] + + +Whereas it is expedient that without impairing or restricting the +supreme authority of Parliament, an Irish Legislature should be created +for such purposes in Ireland as in this Act mentioned: + +Be it therefore enacted by the Queen's most Excellent Majesty, by and +with the advice and consent of the Lords Spiritual and Temporal, and +Commons, in this present Parliament assembled, and by the authority of +the same, as follows: + + +_Legislative Authority_ + +1. _On and after the appointed day_ there shall be in Ireland a +Legislature consisting of Her Majesty the Queen and of two Houses, the +Legislative Council and the Legislative Assembly. + +2. With the exceptions and subject to the restrictions in this Act +mentioned, there shall be granted to the Irish Legislature power to +make laws for the peace, order, and good government of Ireland in +respect of matters exclusively relating to Ireland or some part thereof. + +3. The Irish Legislature shall not have power to make laws in respect of +the following matters or any of them:-- + + (1) The Crown, or the succession to the Crown, or a Regency; or the + Lord Lieutenant as representative of the Crown; or + + (2) The making of peace or war or matters arising from a state of + war; or + + (3) Naval or military forces, or the defence of the realm; or + + (4) Treaties and other relations with foreign States or the + relations between different parts of Her Majesty's dominions or + offences connected with such treaties or relations; or + + (5) Dignities or titles of honour; or + + (6) Treason, treason-felony, alienage, or naturalisation; or + + (7) Trade with any place out of Ireland; or quarantine, or + navigation (except as respects inland waters and local health or + harbour regulations); or + + (8) Beacons, lighthouses, or sea marks (except so far as they can + consistently with any general Act of Parliament be constructed or + maintained by a local harbour authority); or + + (9) Coinage; legal tender; or the standard of weights and measures; + or + + (10) Trade marks, merchandise marks, copyright, or patent rights. + +Any law made in contravention of this section shall be void. + +4. The powers of the Irish Legislature shall not extend to the making of +any law-- + + (1) Respecting the establishment or endowment of religion, or + prohibiting the free exercise thereof; or + + (2) Imposing any disability, or conferring any privilege, on + account of religious belief; or + + (3) Abrogating or prejudicially affecting the right to establish or + maintain any place of denominational education or any + denominational institution or charity; or + + (4) Prejudicially affecting the right of any child to attend a + school receiving public money, without attending the religious + instruction at that school; or + + (5) Whereby any person may be deprived of life, liberty, or + property without due process of law, or may be denied the equal + protection of the laws, or whereby private property may be taken + without just compensation; or + + (6) Whereby any existing corporation incorporated by Royal Charter + or by any local or general Act of Parliament (not being a + corporation raising for 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 obtained on address + from the two Houses of the Irish Legislature, be deprived of its + rights, privileges, or property without due process of law; or + + (7) Whereby any inhabitant of the United Kingdom may be deprived of + equal rights as respects public sea fisheries. + +Any law made in contravention of this section shall be void. + + +_Executive Authority_ + +5.--(1) The executive power in Ireland shall continue vested in Her +Majesty the Queen, and the Lord Lieutenant, on behalf of Her Majesty, +shall exercise any prerogatives or other executive power of the Queen +the exercise of which may be delegated to him by Her Majesty, and shall, +in Her Majesty's name, summon, prorogue, and dissolve the Irish +Legislature. (2) There shall be an Executive Committee of the Privy +Council of Ireland to aid and advise in the government of Ireland, being +of such numbers, and comprising persons holding such offices, as Her +Majesty may think fit, or as may be directed by Irish Act. (3) The Lord +Lieutenant shall, on the advice of the said Executive Committee, give or +withhold the assent of Her Majesty to Bills passed by the two Houses of +the Irish Legislature, subject nevertheless to any instructions given by +Her Majesty in respect of any such Bill. + + +_Constitution of Legislature_ + +6.--(1) The Irish Legislative Council shall consist of _forty-eight_ +councillors. (2) Each of the constituencies mentioned in the First +Schedule to this Act shall return the number of councillors named +opposite thereto in the schedule. (3) Every man shall be entitled to be +registered as an elector, and when registered to vote at an election, of +a councillor for a constituency, who owns or occupies any land or +tenement in the constituency of a rateable value of more than _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 five of the Representation of the People Act, 1884, +as the case may be: Provided that a man shall not be entitled to be +registered, nor if registered to vote, at an election of a councillor in +more than one constituency in the same year. (4) The term of office of +every councillor shall be _eight_ years, and shall not be affected by a +dissolution; and one _half_ of the councillors shall retire in every +_fourth_ year, and their seats shall be filled by a new election. + +7.--(1) The Irish Legislative Assembly shall consist of _one hundred and +three_ members, returned by the existing parliamentary constituencies in +Ireland, or the existing divisions thereof, and elected by the +parliamentary electors for the time being in those constituencies or +divisions. (2) The Irish Legislative Assembly when summoned may, unless +sooner dissolved, have continuance _for five_ years from the day on +which the summons directs it to meet and no longer. (3) After _six_ +years from the passing of this Act, the Irish Legislature may alter the +qualification of the electors, and the constituencies, and the +distribution of the members among the constituencies, provided that in +such distribution due regard is had to the population of the +constituencies. + +8. If a Bill or any provision of a Bill adopted by the Legislative +Assembly is lost by the disagreement of the Legislative Council, and +after a dissolution, or the period of _two years_ from such +disagreement, such 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 submitted to the members of the two Houses deliberating and +voting together thereon, and shall be adopted or rejected according to +the decision of the majority of those members present and voting on the +question. + + +_Irish Representation in House of Commons_ + +9. Unless and until Parliament otherwise determines, the following +provisions shall have effect-- + + (1) After _the appointed day_ each of the constituencies named in + the Second Schedule to this Act shall return to serve in Parliament + the number of members named opposite thereto in that schedule, and + no more, and Dublin University shall cease to return any member. + + (2) The existing divisions of the constituencies shall, save as + provided in that schedule, be abolished. + + (3) An Irish representative peer in the House of Lords and a member + of the House of Commons for an Irish constituency shall not be + entitled to deliberate or vote on-- + + (_a_) any Bill or motion in relation thereto, the operation of + which Bill or motion is confined to Great Britain or some part + thereof; or + + (_b_) any motion or resolution relating solely to some tax not + raised or to be raised in Ireland; or + + (_c_) any vote or appropriation of money made exclusively for some + service not mentioned in the Third Schedule to this Act; or + + (_d_) any motion or resolution exclusively affecting Great Britain + or some part thereof or some local authority or some person or + thing therein; or + + (_e_) any motion or resolution, incidental to any such motion or + resolution as either is last mentioned, or relates solely to some + tax not raised or to be raised in Ireland, or incidental to any + such vote or appropriation of money as aforesaid. + + (4) Compliance with the provisions of this section shall not be + questioned otherwise than in each House in manner provided by the + House. + + (5) The election laws and the laws relating to the qualification + of parliamentary electors shall not, so far as they relate to + parliamentary elections, be altered by the Irish Legislature, but + 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 for Her Majesty by Order in Council to arrange for the + issue of such writs, and the writs issued in pursuance of such + Order shall be of the same effect as if issued in manner + heretofore accustomed. + + +_Finance_ + +10.--(1) _On and after the appointed day_ there shall be an Irish +Exchequer and Consolidated Fund separate from those of the United +Kingdom. (2) The duties of customs and excise and the duties on postage +shall be imposed by Act of Parliament, but subject to the provisions of +this Act the Irish Legislature may, in order to provide for the public +service of Ireland, impose any other taxes. (3) Save as in this Act +mentioned, all matters relating to the taxes in Ireland and the +collection and management thereof shall be regulated by Irish Act, and +the same shall be collected and managed by the Irish Government and form +part of the public revenues of Ireland: Provided that-- + + (_a_) the duties of customs shall be regulated, collected, managed, + and paid into the Exchequer of the United Kingdom as heretofore; + and + + (_b_) all prohibitions in connection with the duties of excise, and + so far as regards articles sent out of Ireland, all matters + relating to those duties, shall be regulated by Act of Parliament; + and + + (_c_) the excise duties on articles consumed in Great Britain shall + be paid in Great Britain or to an officer of the Government of the + United Kingdom. + +(4) Save as in this Act mentioned, all the public revenues of Ireland +shall be paid into the Irish Exchequer and form a Consolidated Fund, and +be appropriated to the public service of Ireland by Irish Act. (5) If +the duties of excise are increased above the rates in force on _the +first day of March one thousand eight hundred and ninety-three_, the net +proceeds in Ireland of the duties in excess of the said rates shall be +paid from the Irish Exchequer to the Exchequer of the United Kingdom. +(6) _If the duties of excise are reduced below the rates in force on the +said day, and the net proceeds of such duties in Ireland are in +consequence less than the net proceeds of the duties before the +reduction, a sum equal to the deficiency shall, unless it is otherwise +agreed between the Treasury and the Irish Government, be paid from the +Exchequer of the United Kingdom to the Irish Exchequer_. + +11.--(1) The hereditary revenues of the Crown in Ireland which are +managed by the Commissioners of Woods shall continue during the life of +Her present Majesty to be managed and collected by 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 proceeds of the sale of those revenues as have not been +re-invested in Ireland), shall be paid into the Treasury Account +(Ireland) hereinafter mentioned, for the benefit of the Irish Exchequer. +(2) A person shall not be required to pay income tax in Great Britain in +respect of property situate or business carried on in Ireland, and a +person shall not be required to pay income tax in Ireland in respect of +property situate or business carried on in Great Britain. (3) _For the +purpose of giving to Ireland the benefit of the difference between the +income tax collected in Great Britain from British, Colonial, and +foreign securities held by residents in Ireland, and the income tax +collected 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 determined by the Treasury, in accordance with a minute of the +Treasury laid before Parliament before the appointed day, and such +allowance shall be paid into the Treasury Account (Ireland) for the +benefit of the Irish Exchequer_. (4) Provided that the provisions of +this section with respect to income tax shall not apply to any excess of +the rate of income tax in Great Britain above the rate in Ireland or of +the rate of income tax in Ireland above the rate in Great Britain. + +12.--(1) The duties of customs contributed by Ireland and, save as +provided by this Act, that portion of any public revenue of the United +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 +Consolidated Fund of the United Kingdom, as the contribution of Ireland +to Imperial liabilities and expenditure as defined in that Schedule. (2) +The civil charges of the Government in Ireland shall, subject as in this +Act mentioned, be borne after the appointed day by Ireland. (3) After +_fifteen_ years from the passing of this Act the arrangements made by +this Act for the contribution of Ireland to Imperial liabilities and +expenditure, and otherwise for the financial relations between the +United Kingdom and Ireland, may be revised in pursuance of an address to +Her Majesty from the House of Commons, or from the Irish Legislative +Assembly. + +13.--(1) There shall be established under the direction of the Treasury +an account (in this Act referred to as the Treasury Account (Ireland)). +(2) There shall be paid into such account all sums payable from the +Irish Exchequer to the Exchequer of the United Kingdom, or from the +latter to the former Exchequer, and all sums directed to be paid into +the account for the benefit of either of the said Exchequers. (3) All +sums which are payable from either of the said Exchequers to the other +of them, or being payable out of one of the said Exchequers are +repayable by the other Exchequer, shall in the 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 revenue collected in Ireland, and the Irish Government +out of any of the public revenues in Ireland, may direct money to be +paid to the Treasury Account (Ireland) instead of into the Exchequer. +(4) Any surplus standing on the account to the credit of either +Exchequer, and not required for meeting payments, shall at convenient +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 forthwith paid +to the National Debt Commissioners, that sum may be paid to those +Commissioners without being paid into the Exchequer. (5) All sums +payable by virtue of this Act out of the Consolidated Fund of the United +Kingdom or of Ireland shall be payable from the Exchequer 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 the Exchequer of the United +Kingdom shall, if not otherwise paid, be charged on and paid out of the +Consolidated Fund of the United Kingdom. + +14.--(1) There shall be charged on the Irish Consolidated Fund in favour +of the Exchequer of the United Kingdom as a first charge on that fund +all sums which-- + + (_a_) are payable to that Exchequer from the Irish Exchequer; or + (_b_) are required to repay to the Exchequer of the United Kingdom + sums issued to meet the dividends or sinking fund on guaranteed + land stock under the Purchase of Land (Ireland) Act, 1891, or (_c_) + otherwise have been or are required to be paid out of the Exchequer + of the United Kingdom in consequence of the non-payment thereof out + of the Exchequer of Ireland or otherwise by the Irish Government. + +(2) If at any time the Controller and Auditor-General of the United +Kingdom is satisfied that any such charge is due, he shall certify the +amount of it, and the Treasury shall send such 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 United Kingdom, and such order shall be duly obeyed by +all persons, and until the amount is wholly paid no other payment shall +be made out of the Irish Exchequer for any purpose whatever. + +(3) There shall be charged on the Irish Consolidated Fund next after the +foregoing charge: + + (_a_) all sums, for dividends or sinking fund on guaranteed land + stock under the Purchase of Land (Ireland) Act, 1891, which the + Land Purchase Account and the Guarantee Fund under that Act are + insufficient to pay; (_b_) all sums due in respect of any debt + incurred by the Government of Ireland, whether for interest, + management, or sinking fund; (_c_) an annual sum of _five thousand_ + pounds for the expenses of the household and establishment of the + Lord Lieutenant; (_d_) all existing charges on the Consolidated + Fund of the United Kingdom in respect of Irish services other than + the salary of the Lord Lieutenant; and (_e_) the salaries and + pensions of all judges of the Supreme Court or other superior court + in Ireland or of any county or other like court, who are appointed + after the passing of this Act, and are not the Exchequer judges + hereafter mentioned. + +(4) Until all charges created by this Act upon the Irish Consolidated +Fund and for the time being due are paid, no money shall be issued from +the Irish Exchequer for any other purpose whatever. + +15.--(1) All existing charges on the Church property in Ireland--that is +to say, all property accruing under the Irish Church Act, 1869, and +transferred 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 Consolidated Fund, and any of those charges guaranteed by +the Treasury, if and so far as not paid, shall be paid out of the +Exchequer of the United Kingdom. + +(2) Subject to the existing charges thereon, the said Church property +shall belong to the Irish Government, and be managed, administered, and +disposed of as directed by Irish Act. + +16.--(1) All sums paid or applicable in or towards the discharge of the +interest or principal of any local loan advanced before the appointed +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, and +carried to the Local Loans Fund, shall, after the appointed day, be +paid, until otherwise provided by Irish Act, to the Irish Exchequer. + +(2) For the payment to the Local Loans Fund of the principal and +interest of such loans, the Irish Government shall after the appointed +day pay by half-yearly payments an annuity for _forty-nine_ years, 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 annuity shall be +paid from the Irish Exchequer to the Exchequer of the United Kingdom, +and when so paid shall be forthwith paid to the National Debt +Commissioners for the credit of the Local Loans Fund. + +(3) After the appointed day, money for loans in Ireland shall cease to +be advanced either by the Public Works Loan Commissioners or out of the +Local Loans Fund. + +17.--(1) So much of any Act as directs payment to the Local Taxation +(Ireland) Account of any share of probate, excise, or customs duties +payable to the Exchequer of the United Kingdom shall, together 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 to the Local Taxation Accounts in +England and Scotland as would have been paid if this Act had not passed, +and any residue of the said share shall be paid into the Exchequer of +the United Kingdom. + +(2) The stamp duty chargeable in respect of the personalty of a deceased +person shall not in the case of administration granted in Great Britain +be chargeable in respect of any personalty situate in Ireland, nor 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 exempt +from stamp duty on administration granted in Ireland, and any +administration granted in Ireland shall not, when re-sealed in Great +Britain, be exempt from stamp duty on administration granted in Great +Britain. + +(3) In this section the expression "administration" means probate or +letters of administration, and as respects Scotland, confirmation +inclusive of the inventory required under the Acts relating to the said +stamp duty, and the expression "personalty" means personal or movable +estate and effects. + +18.--(1) Bills for appropriating any part of the public revenue or for +imposing any tax shall originate in the Legislative Assembly. + +(2) It shall not be lawful for the Legislative Assembly to adopt or pass +any vote, resolution, address, or Bill for the appropriation for any +purpose of any part of the public revenue of Ireland, or of any tax, +except in pursuance of a recommendation from the Lord Lieutenant in the +session in which such vote, resolution, address, or Bill is proposed. + +19.--(1) Two of the judges of the Supreme Court in Ireland shall be +Exchequer judges, and shall be appointed under the great seal of the +United Kingdom; and their salaries and pensions shall be charged on and +paid out of the Consolidated Fund of the United Kingdom. + +(2) The Exchequer judges shall be removeable only by Her Majesty on +address from the two Houses of Parliament, and each such judge shall, +save as otherwise 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 judges of the Supreme Court, and during his continuance +in office his salary shall not be diminished, nor his right to pension +altered, without his consent. + +(3) An alteration of any rules relating to such legal proceedings as are +mentioned in this section shall not be made except with the approval of +Her Majesty the Queen in Council; and the sittings of the Exchequer +judges shall be regulated with the like approval. + +(4) All legal proceedings in Ireland, which are instituted at the +instance of or against the Treasury or Commissioners of Customs, or any +of their officers, or relate to the election of members to serve in +Parliament, or touch any matter within the powers of the Irish +Legislature, or touch 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 them, and in any such legal proceeding an +appeal shall, if any party so requires, lie from any court of first +instance in Ireland to the Exchequer judges, and the decision of the +Exchequer judges shall be subject to appeal to Her Majesty the Queen in +Council and not to any other tribunal. + +(5) If it is made to appear to an Exchequer judge that any decree or +judgment in any such proceeding as aforesaid has not been duly enforced +by the sheriff or other 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 such officer and all +persons employed by him shall be entitled to the same privileges, +immunities, and powers as are by law conferred on a sheriff and his +officers. + +(6) The Exchequer judges, when not engaged in hearing and determining +such legal proceedings as above in this section mentioned, shall perform +such of the duties ordinarily performed by other judges of the Supreme +Court in Ireland as may be assigned by Her Majesty the Queen in Council. + +(7) All sums recovered by the Treasury or the Commissioners of Customs +or any of their officers, or recovered under any Act relating to duties +of customs, shall, notwithstanding anything in any other Act, be paid to +such public account as the Treasury or the Commissioners direct. + + +_Post Office Postal Telegraphs and Savings Banks_ + +20.--(1) As from _the appointed day_ the postal and telegraph service in +Ireland shall be transferred to the Irish Government, and may be +regulated by Irish Act, except as in this Act mentioned and except as +regards matters relating-- + + (_a_) to such conditions of the transmission or delivery of postal + packets and telegrams as are incidental to the duties on postage; + or + + (_b_) foreign mails or submarine telegraphs or through lines in + connection therewith; or (_c_) to any other postal or telegraph + business in connection with places out of the United Kingdom. + +(2) The administration of or incidental to the said excepted matters +shall, save as may be otherwise arranged with the Irish Post Office, +remain with the Postmaster-General. + +(3) As regards the revenue and expenses of the postal and telegraph +service, the Postmaster-General shall retain the revenue collected and +defray the expenses incurred 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 Fourth Schedule to this Act; +which schedule shall have full effect, but may be varied or added to by +agreement between the Postmaster-General and the Irish Post Office. + +(4) _The sums payable by the Postmaster-General or Irish Post Office to +the other of them in pursuance of this Act shall, if not paid out of the +Post Office moneys, be paid from the Exchequer of the United Kingdom or +of Ireland, as the case requires, to the other Exchequer_. + +(5) Sections forty-eight to fifty-two of the Telegraph Act 1863, and any +enactment amending the same, shall apply to all telegraphic lines of the +Irish Government in like manner as to the telegraphs of a company within +the meaning of that Act. + +21.--(1) As from _the appointed day_ there shall be transferred to the +Irish Government the post office savings banks in Ireland and all such +powers and duties of any department or officer in Great Britain as are +connected with post office savings banks, trustee savings banks or +friendly societies in Ireland, and the same may be regulated by Irish +Act. + +(2) The Treasury shall publish not less than six months' previous notice +of the transfer of savings banks. + +(3) If before the date of the transfer any depositor in a post office +savings bank so requests, his deposit shall, according to his request, +either be paid to him or transferred 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 claim against the +Postmaster-General or the Consolidated Fund of the United Kingdom, but +shall have the like claim against the Government and Consolidated Fund +of Ireland. + +(4) If before the date of the transfer the trustees of any trustee +savings bank so request, then, according to the request, either all sums +due to them shall be repaid 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 the National Debt +Commissioners or the Consolidated Fund of the United Kingdom, but shall +have the like claim against the Government and Consolidated Fund of +Ireland. + +(5) Notwithstanding the foregoing provisions of this section, if a sum +due on account of any annuity or policy of insurance which has before +the above-mentioned notice been granted through a post office or trustee +savings bank is not paid by the Irish Government, that sum shall be paid +out of the Exchequer of the United Kingdom. + + +_Irish Appeals and Decision of Constitutional Questions_ + +22.--(1) The appeal from courts in Ireland to the House of Lords shall +cease; and where any person would, but for this Act, have a right to +appeal from any court in Ireland 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 any Irish Act; and +all enactments relating to appeals to Her Majesty the Queen in Council, +and to the Judicial Committee of the Privy Council, shall apply +accordingly. + +(2) When the Judicial Committee sit for hearing appeals from a court in +Ireland, there shall be present not less than four Lords of Appeal, +within the meaning of the Appellate Jurisdiction Act, 1876, and at least +one member who is or has been a judge of the Supreme Court in Ireland. + +(3) A rota of privy councillors to sit for hearing appeals from courts +in Ireland shall be made annually by Her Majesty in Council, and the +privy councillors, or some of them, on that rota shall sit to hear the +said appeals. A casual vacancy in such rota during the year may be +filled by Order in Council. + +(4) Nothing in this Act shall affect the jurisdiction of the House of +Lords to determine the claims to Irish peerages. + +23.--(1) If it appears to the Lord Lieutenant or a Secretary of State +expedient in the public interest that steps shall be taken for the +speedy determination of the question 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 +question shall be forthwith referred to and heard and determined by the +Judicial Committee of the Privy Council, constituted as if hearing an +appeal from a court in Ireland. + +(2) Upon the hearing of the question such persons as seem to the +Judicial Committee to be interested may be allowed to appear and be +heard as parties to the case, and the decision of the Judicial Committee +shall be given in like manner as if it were the decision of an appeal, +the nature of the report or recommendation to Her Majesty being stated +in open court. + +(3) Nothing in this Act shall prejudice any other power of Her Majesty +in Council to refer any question to the Judicial Committee or the right +of any person to petition Her Majesty for such reference. + + +_Lord Lieutenant and Crown Lands_ + +24.--(1) Notwithstanding anything to the contrary in any Act, every +subject of the Queen shall be qualified to hold the office of Lord +Lieutenant of Ireland, without reference to his religious belief. + +(2) The term of office of the Lord Lieutenant shall be _six years_, +without prejudice to the power of Her Majesty the Queen at any time to +revoke the appointment. 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 lands and buildings in Ireland vested in or held +in trust for Her Majesty, and subject to such conditions or restrictions +(if any) as may seem expedient. + + +_Judges and Civil Servants_ + +26. A judge of the Supreme Court or other superior court in Ireland, or +of any county court or other court with a like jurisdiction in Ireland, +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 +Legislature of Ireland, nor during his continuance in office shall his +salary be diminished or right to pension altered without his consent. + +27.--(1) All existing judges of the Supreme Court, county court judges, +and Land Commissioners in Ireland and all existing officers serving in +Ireland in the permanent civil service of the Crown and receiving +salaries charged on the Consolidated Fund of the United Kingdom, shall, +if they are removeable at present on address 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, or such duties as Her Majesty may declare to be +analogous, and their salaries and pensions, if and so far as not paid +out of the Irish Consolidated Fund, shall be paid out of the Exchequer +of the United Kingdom: Provided that this section shall be subject to +the provisions of this Act with respect to the Exchequer judges. + +(2) _If any of the said judges, commissioners, or officers retires from +office with the Queen's approbation before completion of the period of +service entitling him to a pension, Her Majesty may, if she thinks fit, +grant to him such pension, not exceeding the pension to which he would +on that completion have been entitled, as to Her Majesty seems meet_. + +28.--(1) All existing officers in the permanent civil service of the +Crown, who are not above provided for, and are at the appointed day +serving in Ireland, shall after that day continue to hold their offices +by the same tenure 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, and until three years after the passing of this +Act, the salaries due to any of the said officers if remaining in his +existing office, shall be paid to the payees by the Treasury out of the +Exchequer of the United Kingdom_. + +(2) Any such officer may after _three years_ from the passing of this +Act retire from office, and shall, at any time during those three years, +if required by the Irish Government, retire from office, and on any such +retirement may be awarded by the Treasury a gratuity or pension in +accordance with the Fifth Schedule to this Act; Provided that-- + + (_a_) six months' written notice shall, unless it is otherwise + agreed, be given either by the said officer or by the Irish + Government as the case requires; and + + (_b_) such number of officers only shall retire at one time and at + such intervals of time as the Treasury, in communication with the + Irish Government, sanction. + +(3) If any such officer does not so retire, the Treasury may award him +after the said three years a pension in accordance with the Fifth +Schedule to this Act which shall become payable to him on his ultimate +retirement from the service of the Crown. + +(4) _The gratuities and pensions awarded in accordance with the Fifth +Schedule to this Act shall be paid by the Treasury to the payees out of +the Exchequer of the United Kingdom._ + +(5) All sums paid out of the Exchequer of the United Kingdom in +pursuance of this section shall be repaid to that Exchequer from the +Irish Exchequer. + +(6) This section shall not apply to officers retained in the service of +the Government of the United Kingdom. + +29. Any existing pension granted on account of service in Ireland as a +judge of the Supreme Court or of any court consolidated into that court, +or as a county court judge, or in any other 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 Government of the United Kingdom, shall be charged on the +Irish Consolidated Fund, and if and so far as not paid out of that fund, +shall be paid out of the Exchequer of the United Kingdom. + + +_Police_ + +30.--(1) The forces of the Royal Irish Constabulary and Dublin +Metropolitan Police shall, when and as local police forces are from time +to time established in Ireland in accordance with the Sixth Schedule to +this Act, be gradually reduced and ultimately cease to exist as +mentioned in that Schedule; and after the passing of this Act, no +officer or man shall be appointed to either of those forces; + +Provided that until the expiration of _six_ years from the appointed +day, nothing in this Act shall require the Lord Lieutenant to cause +either of the said forces to cease to exist, if as representing Her +Majesty the Queen he considers it inexpedient. + +(2) The said two forces shall, while they continue, be subject to the +control of the Lord Lieutenant as representing Her Majesty, and the +members thereof shall continue to receive the same salaries, gratuities, +and pensions, and hold their appointments on the same tenure as +heretofore, _and those salaries, gratuities, and pensions, and all the +expenditure incidental to either force, shall be paid out of the +Exchequer of the United Kingdom_. + +(3) When any existing member of either force retires under the +provisions of the Sixth Schedule to this Act, the Treasury may award to +him a gratuity or pension in accordance with that Schedule. + +(4) _Those gratuities and pensions and all existing pensions payable in +respect of service in either force, shall be paid by the Treasury to the +payees out of the Exchequer of the United Kingdom_. + +(5) _Two-thirds of the net amount payable in pursuance of this section +out of the Exchequer of the United Kingdom shall be repaid to that +Exchequer from the Irish Exchequer_. + + +_Miscellaneous_ + +31. Save as may be otherwise provided by Irish Act-- + + (_a_) The existing law relating to the Exchequer and Consolidated + Fund of the United Kingdom shall apply with the necessary + modifications to the Exchequer and Consolidated Fund of Ireland, + and an officer shall be appointed by the Lord Lieutenant to be the + Irish Comptroller and Auditor General; and + + (_b_) The accounts of the Irish Consolidated Fund shall be audited + as appropriation accounts in manner provided by the Exchequer and + Audit Departments Act, 1866, by or under the direction of such + officer. + +32.--(1) Subject as in this Act mentioned and particularly to the +Seventh Schedule to this Act (which Schedule shall have full effect) all +existing election laws relating to the House of Commons and the members +thereof shall, so far as applicable, extend to each of the two Houses of +the Irish Legislature and the members thereof, but such election laws so +far as hereby extended may be altered by Irish Act. + +(2) The privileges, rights, and immunities to be held and enjoyed by +each House and the members thereof shall be such as may be defined by +Irish Act, but so that the same shall never exceed those for the time +being held and enjoyed by the House of Commons, and the members thereof. + +33.--(i) The Irish Legislature may repeal or alter any provision of this +Act which is by this Act expressly made alterable by that Legislature, +and also any enactments in force in Ireland, except 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 Irish Act, notwithstanding it is in any respect +repugnant to any enactment excepted as aforesaid, shall, though read +subject to that enactment, be, except to the extent of that repugnancy, +valid. + +(2) An order, rule, or regulation, made in pursuance of, or having the +force of, an Act of Parliament, shall be deemed to be an enactment +within the meaning of this section. + +(3) Nothing in this Act shall affect Bills relating to the divorce or +marriage of individuals, and any such Bill shall be introduced and +proceed in Parliament in like manner as if this Act had not passed. + + +34. The local authority for any county or borough or other area shall +not borrow money without either-- + + (_a_) special authority from the Irish Legislature, or + + (_b_) the sanction of the proper department of the Irish + Government: + +and shall not, without such special authority, borrow; + + (i) in the case of a municipal borough or town or area less than a + county, any loan which together with the then outstanding debt of + the local authority, will exceed twice the annual rateable value of + the property in the municipal borough, town, or area; or + + (ii) in the case of a country or larger area, any loan which + together with the then outstanding debt of the local authority, + will exceed one-tenth of the annual rateable value of the property + in the county or area; or + + (iii) in any case a loan exceeding one-half of the above limits + without a local inquiry held in the county, borough, or area by a + person appointed for the purpose by the said department. + + +_Transitory Provisions_ + +35.--(1) During _three_ years from the passing of this Act, and if +Parliament is then sitting until the end of that session of Parliament, +the Irish Legislature shall 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 shall prevent the +passing of any Irish Act with a view to the purchase of land for +railways, harbours, waterworks, town improvements, or other local +undertakings. + +(2) During _six_ years from the passing of this Act, the appointment of +a judge of the Supreme Court or other superior courts in Ireland (other +than one of the Exchequer judges) shall be made in pursuance of a +warrant from Her Majesty countersigned as heretofore. + +36.--(1) Subject to the provisions of this Act Her Majesty the Queen in +Council may make or direct such arrangements as seem necessary or proper +for setting in motion the Irish Legislature and Government and for +otherwise bringing this Act into operation. (2) The Irish Legislature +shall be summoned to meet on the _first Tuesday in September, one +thousand eight hundred and ninety-four_, and the first election of +members of the two Houses of the Irish Legislature shall be held at such +time before that day, as may be fixed by Her Majesty in Council. (3) +Upon the first meeting of the Irish Legislature the members of the House +of Commons then sitting for Irish constituencies, including the members +for Dublin University, shall vacate their seats, and writs shall, as +soon as conveniently may be, be issued by the Lord Chancellor of Ireland +for the purpose of holding an election of members to serve in +Parliament for the constituencies named in the Second Schedule of this +Act. (4) The existing Chief Baron of the Exchequer, and the senior of +the existing puisne judges of the Exchequer Division of the Supreme +Court, or if they or either of them are or is dead or unable or +unwilling to act, such other of the judges of the Supreme Court as Her +Majesty may appoint, shall be the first Exchequer judges. (5) Where it +appears to Her Majesty the Queen in Council, before the expiration of +_one year_ after the appointed day, that any existing enactment +respecting matters within the powers of the Irish Legislature requires +adaptation to Ireland, whether-- + + (_a_) by the substitution of the Lord Lieutenant in Council, or of + any department or officer of the executive Government in Ireland, + for Her Majesty in Council, a Secretary of State, the Treasury, the + Postmaster-General, the Board of Inland Revenue, or other public + department or officer in Great Britain; or (_b_) by the + substitution of the Irish Consolidated Fund or moneys provided by + the Irish Legislature for the Consolidated Fund of the United + Kingdom, or moneys provided by Parliament; or (_c_) by the + substitution or confirmation by, or other act to be done by or to, + the Irish Legislature for confirmation by or other act to be done + by or to Parliament; or (_d_) by any other adaptation; Her Majesty, + by Order in Council, may make that adaptation. + +(6) Her Majesty the Queen in Council may provide for the transfer of +such property, rights, and liabilities, and the doing of such other +things as may appear to Her Majesty necessary or proper for carrying +into effect this Act or any Order in Council under this Act. + +(7) An Order in Council under this section may make an adaptation or +provide for a transfer either unconditionally or subject to such +exceptions, conditions, and restrictions as may seem expedient. + +(8) The draft of every Order in Council under this section shall be laid +before both Houses of Parliament for not less than two months before 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 +interfere with the continued application to any place, authority, +person, or thing, not in Ireland, of the enactment to which the Order +relates. + +37. Except as otherwise provided by this Act, all existing laws, +institutions, authorities, and officers in Ireland, whether judicial, +administrative, or ministerial, and all existing taxes in Ireland shall +continue as if this Act had not passed, but with the modifications +necessary for adapting the same to this Act, and subject to be +repealed, abolished, altered, and adapted in the manner and to the +extent authorised by this Act. + +38. Subject as in this Act mentioned the appointed day for the purposes +of this Act shall be the day of the first meeting of the Irish +Legislature, or such other day 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 this Act, and +different days may be appointed for different purposes and different +provisions of this Act, whether contained in the same section or in +different sections. + +39. In this Act unless the context otherwise requires--The expression +'existing' means existing at the passing of this Act. + +The expression 'constituency' means a parliamentary constituency or a +county or borough returning a member or members to serve in either House +of the Irish Legislature, as the case requires, and the expression +'parliamentary constituency' means any county, borough, or university +returning a member or members to serve in Parliament. + +The expression 'parliamentary elector' means a person entitled to be +registered as a voter at a parliamentary election. + +The expression 'parliamentary election' means the election of a member +to serve in Parliament. + +The expression 'tax' includes duties and fees, and the expression +'duties of excise' does not include licence duties. + +The expression 'foreign mails' means all postal packets, whether +letters, parcels, or other packets, posted in the United Kingdom and +sent to a place out of the United Kingdom, or posted in a place out of +the United Kingdom and sent to a place in the United Kingdom, or in +transit through the United Kingdom to a place out of the United Kingdom. + +The expression 'telegraphic line' has the same meaning as in the +Telegraph Acts, 1863 to 1892. + +The expression 'duties on postage' includes all rates and sums +chargeable for or in respect of postal packets, money orders, or +telegrams, or otherwise under the Post Office Acts or the Telegraph Act, +1892. + +The expression 'Irish Act' means a law made by the Irish Legislature. + +The expression 'election laws' means the laws relating to the election +of members to serve in Parliament, other than those relating to the +qualification of electors, and includes all the laws respecting the +registration of electors, the issue and execution of writs, the creation +of polling districts, the taking of the poll, the questioning of +elections, corrupt and illegal practices, the disqualification of +members and the vacating of seats. + +The expression 'rateable value' means the annual rateable value under +the Irish Valuation Acts. + +The expression 'salary' includes remuneration, allowances, and +emoluments. + +The expression 'pension' includes superannuation allowance. + + +40. This Act may be cited as the Irish Government Act, 1893. + + + + +SCHEDULES + + +FIRST SCHEDULE + +LEGISLATIVE COUNCIL + +CONSTITUENCIES AND NUMBER OF COUNCILLORS + + Constituencies Councillors. + -------------- ----------- + Antrim county Three + Armagh county One + Belfast borough Two + Carlow county One + Cavan county One + Clare county One + Cork county-- + East Riding Three + West Riding One + Cork borough One + Donegal county One + Down county Three + Dublin county Three + Dublin borough Two + Fermanagh county One + Galway county Two + Kerry county One + Kildare county One + Kilkenny county One + King's county One + Leitrim and Sligo counties One + Limerick county Two + Londonderry county One + Longford county One + Louth county One + Mayo county One + Meath county One + Monaghan county One + Queen's county One + Roscommon county One + Tipperary county Two + Tyrone county One + Waterford county One + Westmeath county One + Wexford county One + Wicklow county One + ----------- + Forty-eight + + +The expression 'borough' in this Schedule means an existing +parliamentary borough. + +Counties of cities and towns not named in this Schedule +shall be combined with the county at large in which they are +included for parliamentary elections, and, if not so included, +then with the county at large bearing the same name. + +A borough named in this Schedule shall not for the purposes +of this Schedule form part of any other constituency. + + + + +SECOND SCHEDULE + +IRISH MEMBERS IN THE HOUSE OF COMMONS + +Constituencies. Number of Members for House of Commons + +Antrim county Three +Armagh county Two +Belfast borough (in divisions + as mentioned below) Four +Carlow county One +Cavan county Two +Clare county Two +Cork county (in divisions as + mentioned below) Five +Cork borough Two +Donegal county Three +Down county Three +Dublin county Two +Dublin borough (in divisions + as mentioned below) Four +Fermanagh county One +Galway county Three +Galway borough One +Kerry county Three +Kildare county One +Kilkenny county One +Kilkenny borough One +King's county One +Leitrim county Two +Limerick county Two +Limerick borough One +Londonderry county Two +Londonderry borough One +Longford county One +Louth county One +Mayo county Three +Meath county Two +Monaghan county Two +Newry borough One +Queen's county One +Roscommon county Two +Sligo county Two +Tipperary county Three +Tyrone county Three +Waterford county One +Waterford borough One +Westmeath county One +Wexford county Two +Wicklow county One + -------- + Eighty + +(1) In this Schedule the expression 'borough' means an +existing parliamentary borough. + +(2) In the parliamentary boroughs of Belfast and Dublin, one +member shall be returned by each of the existing parliamentary +divisions of those boroughs, and the law relating to the divisions +of boroughs shall apply accordingly. + +(3) The county of Cork shall be divided into two divisions, +consisting of the East Riding and the West Riding, and three +members shall be elected by the East Riding, and two members +shall be elected by the West Riding; and the law relating to +divisions of counties shall apply to those divisions. + + + + +THIRD SCHEDULE + +FINANCE + +IMPERIAL LIABILITIES, EXPENDITURE, AND MISCELLANEOUS +REVENUE + + +_Liabilities_ + +For the purposes of this Act 'Imperial liabilities' consist of:-- + + (1) The funded and unfunded debt of the United Kingdom, inclusive + of terminable annuities paid out of the permanent annual charge for + the National Debt, and inclusive of the cost of the management of + the said funded and unfunded debt, but exclusive of the Local Loans + stock and Guaranteed Land stock and the cost of the management + thereof; and + + (2) All other charges on the Consolidated Fund of the United Kingdom + for the repayment of borrowed money, or to fulfil a guarantee. + + +_Expenditure_ + +For the purpose of this Act Imperial expenditure consists of +expenditure for the following services:-- + + I. Naval and military expenditure (including Greenwich Hospital). + II. Civil expenditure, that is to say-- + + (_a_) Civil list and Royal family. + (_b_) Salaries, pensions, allowances, and incidental expenses of-- + + (i) Lord Lieutenant of Ireland; + (ii) Exchequer judges in Ireland. + + (_c_) Building, works, salaries, pensions, printing, stationery, + allowances, and incidental expenses of-- + + (i) Parliament; + (ii) National Debt Commissioners; + (iii) Foreign Office and diplomatic and consular service, + including secret service, special services, and telegraph + subsidies; + (iv) Colonial Office, including special services and telegraph + subsidies; + (v) Privy Council; + (vi) Board of Trade, including the Mercantile Marine Fund, Patent + Office, Railway Commission, and Wreck Commission, but + excluding Bankruptcy; (vii) Mint; (viii) Meteorological Society; + (ix) Slave trade service. + + (_d_) Foreign mails and telegraphic communication with places + outside the United Kingdom. + + +_Revenue_ + +For the purposes of this Act the public revenue to a portion +of which Ireland may claim to be entitled consists of revenue +from the following sources:-- + + 1. Suez Canal shares or payments on account thereof. + + 2. Loans and advances to foreign countries. + + 3. Annual payments by British possessions. + + 4. Fees, stamps, and extra receipts received by departments, the + expenses of which are part of the Imperial expenditure. + + 5. Small branches of the hereditary revenues of the Crown. + + 6. Foreshores. + +[The Fourth, Fifth, Sixth, and Seventh Schedules are for the +saving of space omitted.] + +FOOTNOTES: + +[138] The Bill is printed as it was originally presented to the House of +Commons. + + + + +INDEX + + +_American Commonwealth_, by Rt. Hon. James Bryce, 37 _n_ +_American History, Critical Period of_, by Fiske, 103 +Andrews, Mr. Justice, a Unitarian, 71 _n_ +Appeals under Irish Government Act, 209 +Asquith, Rt. Hon. H.H., on the policy of Home Rule, 26, 74 _n_ + +Balfour, Rt. Hon. Arthur, on Ireland, 71 +Beaumont, Gustave de, 142 +Bright, John, on Free Trade, 134 +Bryce, Rt. Hon. James, 26, _American Commonwealth_, 37, 169 +Burke, Edmund, _Reflections on the Revolution in France_, 134 + +Cambray, Mr., _Irish Affairs and the Home Rule Question_, 1, 23 +Canada as a self-governing colony, 20, 25 +Civil servants under Irish Government Act, 210 +Clancy, Mr., M.P., and the financial clauses of the Home Rule Bill, 103 +Cobden and Free Trade, 134 +Coercion Act, the, 144 +Colonies, self-governing, _see_ New Zealand, Canada, Victoria +_Constitution, Law of_, by Professor Dicey, 6 _n_, 29 _n_, 67 _n_ +Constitution of Legislature under Irish Government Act, 199 +Constitution, old and new, 1-20, 56; + the new, 21 _et seq_., 191; + no settlement of the Irish question, 112 _et seq_.; + rests on an unsound foundation and contradictory, 125; + pleas for, 132 _et seq._ +Constitutional questions, decision of, under Irish Government Act, 209 +Contracts, laws as to, 85, 86 +Crown Lands under Irish Government Act, 210 + +Davitt, Michael, and the New Constitution, 115, 142, 167 +Dicey, Professor A.V., _Law of the Constitution,_ 6 _n_, 29 _n_, 67 _n_ +Duffy, Sir Gavan, Irish Nationalist, 39, 166; + his prediction, 128 + +England, present constitution of, 2 _et seq_.; + retention of Irish Members at Westminster, 32 _et seq_., 66, + 123, 200, 218, 221; + inducements to, 48; + meaning of Home Rule to, 53 _et seq_.; + result of helping Portugal and Spain, 116; + opposition to Home Rule, 119 _et seq_.; + Grattan's constitution, 149; + the path of safety, 175 _et seq._ +_England's Case against Home Rule_, 59 _n_, 91 _n_, 94 + _n_, 97 _n_, 138 _n_, 155 _n_, 162 _n_ +Executive authority under Irish Government Act, 198 + +Feast of Concord in France, 172 +Federalism, 6; + and Home Rule, 13 _et seq_., 96, 118; + application to England, 155; + how it works in other countries, 153 _et seq._ +Finance, under Irish Government Act, 27, 100, 102, 201-207, 222, 223 +Fiske, _Critical Period of American History_, 103 +Ford, Patrick, 166 +France, and Italy, 116; + Feast of Concord, 172; + the constitution of 1791, 191 +Freeman, E.A., _Irish Home Rule and Its Analogies_, 67 _n_, 153 _n_ + +Germany, federalism in, 6 +Girardin, M., on the French Revolution, 135 +Gladstone, W.E., and Home Rule, 26, 113, 128 _n_, 140, 163, 175; + on the retention of Irish Members at Westminster, 32 _n_, 39, 66, 123 +Government, _see_ Parliament +Government of Ireland Bill, _see_ Home Rule Bill +Grattan's constitution, 139, 149-152 + +Hilty, Professor, Swiss publicist, 160 +Home Rule, a new constitution for the United Kingdom, 1, 19; + compared with the old constitution, 8 _et seq_.; + four leading features of, 22; + the supremacy of the Imperial Parliament, 22-31; + the retention of the Irish Members in the Imperial Parliament, 32 _et + seq_., 66 _n_, 123, 200, 218-221; + powers of the Irish Government, 66 _et seq_., 197 _et seq _.; + the Veto, 88; + Finance, 100-103, 201-207, 222, 223; + as a settlement of the Irish question, 112 _et seq_.; + is federalism, 118; + reasons for, 132 _et seq_.; + necessity for, 138; + the safeguards, 149; + Grattan's constitution, 149; + success of, 152 _et seq_.; + the policy of trust, 163 _et seq_.; + a revolutionary movement, 177, 191 + +Imperial Parliament, _see_ Parliament Ireland, the old constitution, 1-8; + the new constitution, 8 _et seq_.; + the retention of Irish Members in the Imperial Parliament, 32 _et seq_., + 66 _n_, 123, 200, 218-221; + meaning of Home Rule to, 53; + powers of the Irish Government under Home Rule Bill, 66 _et seq_., + 197 _et seq_.; + the Irish Parliament, 75; + restrictions and obligations, 80 _et seq_.; + the Veto, 88; + the Privy Council and the Courts, 90 _et seq_.; + Home Rule no settlement of the Irish question, 112 _et seq_.; + arguments for the new constitution, 132 _et seq_.; + her desire for parliamentary independence, 140 +_Irish Affairs and the Home Rule Question_, by Cambray, 1, 23 _n_ +Irish Constabulary under Home Rule Bill, 75 _n_, 212 +Irish Executive, 66 +Irish Government Act, _see_ Home Rule Bill +_Irish Home Rule and its Analysis_, by E.A. Freeman, 67 _n_, 153 _n_ +Irish Parliament, 75 +Irish representation in the House of Commons, 32 _et seq_., 66, 123, + 200, 218-221 +Italy and France, 116 + +Jackson, Andrew, President of the United States, 158 +Judges under Home Rule Bill, 210 + +Lalor, Mr., 142 +Lecky, Mr., _History of England in the Eighteenth Century_, 150 +Legislative authority under Home Rule Bill, 197 _et seq_. +Local Government Bill compared with Home Rule Bill, 186 +Lord Lieutenant, office of, 66, 210 + +McCarthy, J., on the effect of the Home Rule Bill, 112, 142, 167 +Mahoney, Pierce, _Irish Independent_ on the release of prisoners, 117 +Marshall, John, Chief Justice of the Supreme Court of the United States, + 158 +Melbourne, Irish informers' reception at, 161, 162 +Mill, John Stuart, _Representative Government_, 6 _n_, 118 _n_. +Morley, John, Chief Secretary for Ireland, on retention of Irish Members + at Westminster, 39-43, 49, 62; + changes in administration, 71; + safeguards against legislation setting aside contracts, 86 + +New Zealand as a self-governing colony, 4, 5, 9, 20, 25, 31; + compared with Ireland, 156 +Nulty, Dr., Roman Catholic Bishop of Meath, 71 _n_. + +O'Connell, Daniel, compared with Parnell, 139; 166 + +Parliament, British and Imperial, authority of, in the United Kingdom, + 2 _et seq_.; + in the Colonies, 4 _et seq_.; + supremacy of, 22 _et seq_.; + retention of Irish Members in, 32 _et seq_.; + power up to 1782, 55; + since the Union, 56 _et seq._ +Parnell, 34; + and Home Rule, 139, 142, 167 +Phoenix Park murders, 146 +Police under Home Rule Bill, 75 _n_, 212 +Post Office and postal telegraphs under Home Rule Bill, 207, 208 +Privy Council and the Courts, 90 +Protection, 99, 198 + +Redmond, John, M.P., Home Rule, 26, 50, 103; + and the imprisoned dynamiters, 117 _n_, 168 +Referendum, Dicey on, 189, 190 +Religion, restrictions on, 99 +_Representative Government_, by John Stuart Mill, 118 _n._ +Restrictions and obligations in Home Rule Bill, 80 _et seq_., + 197, 198, 214 +Retention of Irish Members in House of Commons, 32 _et seq_., + 66, 123, 200, 218-221 +Russell, Lord John, 32 _n_ + +Savings banks under Home Rule Bill, 207, 208 +Sexton, Thomas, on Home Rule Bill, 16 _n_, 26, 112, 126 +Siéyès, Abbé, 19 +Switzerland an example of successful federalism, 6, 159 + +Taxes, right to impose, 2, 3 +Ticino, insurrection in, 107, 160, 161 +_Times Parliamentary Debates, 26 _n_, 32 _n_; + Mr. Asquith on executive authority, 74 _n_; + John Morley on legislation to set aside contracts, 86 _n_; + J. McCarthy and W.E. Gladstone on Home Rule as a final settlement, + 112 _n_, 113 _n_, 142 _n_; + Gladstone on the policy of trust, 163 _n_. + +Tocqueville, Alexis de, and the French Revolution, 134, 173 +Trust, the policy of, 163 + +Unionism, the policy for, 183 _et seq._ +_Unionist Delusions, _62 _n_. +United States of America, division of parties in, 37 _n_; + no law allowed to impair the obligation of a contract, 85; + Bryce on State Legislatures in, 169, 170 + +Veto, the, 15, 199; + its uselessness, 88 +Victoria as a self-governing colony, 4 _n_. +_Victoria, Government of_, by Jenks, 9 _n_. + + + + + +End of the Project Gutenberg EBook of A Leap in the Dark, by A.V. 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Dicey + K.C., Hon. D.C.L. + </title> + </head> + <body> + + +<pre> + +The Project Gutenberg EBook of A Leap in the Dark, by A.V. Dicey + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: A Leap in the Dark + A Criticism of the Principles of Home Rule as Illustrated by the + Bill of 1893 + + +Author: A.V. Dicey + +Release Date: April 6, 2005 [EBook #15572] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK A LEAP IN THE DARK *** + + + + +Produced by Jonathan Ingram, Charlene Taylor and the Online +Distributed Proofreading Team at https://www.pgdp.net. + + + + + + +</pre> + + <div class="text"> + <div class="front"> + <div> + <h2> + A Leap in the Dark + </h2> + <p> + A Criticism Of The Principles Of Home Rule As Illustrated + By The Bill Of 1893 + </p> + <p> + By A.V. Dicey K.C., Hon. D.C.L. + </p> + <p> + Fellow Of All Souls College; Formerly Vinerian Professor Of + English Law In The University Of Oxford; Author Of + 'England's Case Against Home Rule,' 'The Verdict,' 'An + Introduction To The Study Of The Law Of The Constitution' + </p> + </div> + <hr class="page" /> + <div> + <p> + FIRST EDITION <span class="hi" style= + "font-style: italic;">June</span> 1893 + </p> + <p> + <span class="hi" style= + "font-style: italic;">Reprinted</span> <span class="hi" + style="font-style: italic;">June</span> 1893 + </p> + <p> + SECOND EDITION <span class="hi" style= + "font-style: italic;">July</span> 1911 + </p> + <p> + THIRD EDITION <span class="hi" style= + "font-style: italic;">January</span> 1912 + </p> + <p> + London + </p> + <p> + John Murray, Albemarle Street, W. + </p> + <p> + 1912 + </p> + </div> + <hr class="page" /> + <div> + <p> + TO + </p> + <p> + Irish Unionists Whose Noble And Strenuous Defence Of Their + Own Rights And Liberties As Citizens Of Great Britain And + Ireland Will I Trust Preserve The Political Unity Of The + United Kingdom + </p> + </div> + <hr class="page" /> + <div class="div" id="toc"> + <a name="toc_1" id="toc_1"></a> + <h2> + Contents + </h2> + <ul class="toc"> + <li style="margin: 0em 0em;"> + <a href="#toc_1">Contents</a> + </li> + <li style="margin: 0em 0em;"> + <a href="#toc_2">Preface To First Edition</a> + </li> + <li style="margin: 0em 0em;"> + <a href="#toc_3">Introduction</a> + </li> + <li style="margin: 0em 0em;"> + <a href="#toc_4">Chapter I—Old And New + Constitution</a> + </li> + <li style="margin: 0em 2em;"> + <a href="#toc_5">Home Rule Bill a New Constitution for + United Kingdom</a> + </li> + <li style="margin: 0em 2em;"> + <a href="#toc_6">The Present Constitution</a> + </li> + <li style="margin: 0em 2em;"> + <a href="#toc_7">Effective Authority Of Parliament + Throughout United Kingdom</a> + </li> + <li style="margin: 0em 2em;"> + <a href="#toc_8">Distinction Between Supremacy Of + Parliament In United Kingdom And Supremacy Of Parliament + In Colonies</a> + </li> + <li style="margin: 0em 2em;"> + <a href="#toc_9">Absence of Federalism</a> + </li> + <li style="margin: 0em 2em;"> + <a href="#toc_10">The New Constitution</a> + </li> + <li style="margin: 0em 2em;"> + <a href="#toc_11">Abolition In Ireland Of Effective + Authority Of Imperial Parliament</a> + </li> + <li style="margin: 0em 2em;"> + <a href="#toc_12">Introduction Of Federalism</a> + </li> + <li style="margin: 0em 2em;"> + <a href="#toc_13">Features Of Federalism</a> + </li> + <li style="margin: 0em 2em;"> + <a href="#toc_14">Restrictions on Irish (State) + Parliament</a> + </li> + <li style="margin: 0em 2em;"> + <a href="#toc_15">Imperial (Federal) Parliament</a> + </li> + <li style="margin: 0em 2em;"> + <a href="#toc_16">Means For Enforcement Of Federal + Compact</a> + </li> + <li style="margin: 0em 2em;"> + <a href="#toc_17">Recognition Of Federal Spirit</a> + </li> + <li style="margin: 0em 2em;"> + <a href="#toc_18">Importance Of Change In + Constitution</a> + </li> + <li style="margin: 0em 2em;"> + <a href="#toc_19">The New Constitution An Unknown + Constitution</a> + </li> + <li style="margin: 0em 0em;"> + <a href="#toc_20">Chapter II—The New + Constitution</a> + </li> + <li style="margin: 0em 2em;"> + <a href="#toc_21">The Four Essential Characteristics Of + The New Constitution</a> + </li> + <li style="margin: 0em 2em;"> + <a href="#toc_22">A. The Supremacy of the Imperial + Parliament26</a> + </li> + <li style="margin: 0em 4em;"> + <a href="#toc_23">What Is Meaning Of Supremacy Of + Imperial Parliament?</a> + </li> + <li style="margin: 0em 4em;"> + <a href="#toc_24">What It Does Not Mean</a> + </li> + <li style="margin: 0em 4em;"> + <a href="#toc_25">What It Does Mean</a> + </li> + <li style="margin: 0em 4em;"> + <a href="#toc_26">Real Effect Of Reserved Supremacy</a> + </li> + <li style="margin: 0em 4em;"> + <a href="#toc_27">Peril Arising From Ambiguity Of + Supremacy Of Parliament</a> + </li> + <li style="margin: 0em 2em;"> + <a href="#toc_28">B. The Retention of the Irish Members + in the Imperial Parliament</a> + </li> + <li style="margin: 0em 4em;"> + <a href="#toc_29">Change Of Gladstonian Opinion</a> + </li> + <li style="margin: 0em 4em;"> + <a href="#toc_30">Presence Of The Irish Members Involves + Ruin To Ireland</a> + </li> + <li style="margin: 0em 4em;"> + <a href="#toc_31">Mr. John Morley's Opinion</a> + </li> + <li style="margin: 0em 4em;"> + <a href="#toc_32">Weakness of England</a> + </li> + <li style="margin: 0em 4em;"> + <a href="#toc_33">Mr. Morley's Opinion</a> + </li> + <li style="margin: 0em 4em;"> + <a href="#toc_34">Manner In Which England Weakened</a> + </li> + <li style="margin: 0em 4em;"> + <a href="#toc_35">Irish Vote Determines Composition Of + British Cabinet</a> + </li> + <li style="margin: 0em 2em;"> + <a href="#toc_36">C. The Powers of the Irish + Government</a> + </li> + <li style="margin: 0em 4em;"> + <a href="#toc_37">I. The Irish Executive.</a> + </li> + <li style="margin: 0em 4em;"> + <a href="#toc_38">II. The Irish Parliament.</a> + </li> + <li style="margin: 0em 2em;"> + <a href="#toc_39">D. The Restrictions (or Safeguards) and + the Obligations</a> + </li> + <li style="margin: 0em 4em;"> + <a href="#toc_40">I. Their Nature.</a> + </li> + <li style="margin: 0em 4em;"> + <a href="#toc_41">II. Their Enforcement.</a> + </li> + <li style="margin: 0em 0em;"> + <a href="#toc_42">Chapter III—Why The New + Constitution Will Not Be A Settlement Of The Irish + Question</a> + </li> + <li style="margin: 0em 0em;"> + <a href="#toc_43">Chapter IV—Pleas For The New + Constitution</a> + </li> + <li style="margin: 0em 2em;"> + <a href="#toc_44">A. Necessity for Home Rule.</a> + </li> + <li style="margin: 0em 2em;"> + <a href="#toc_45">B. No danger in Home Rule.</a> + </li> + <li style="margin: 0em 4em;"> + <a href="#toc_46">i. The Safeguards.</a> + </li> + <li style="margin: 0em 4em;"> + <a href="#toc_47">ii. Grattan's Constitution.</a> + </li> + <li style="margin: 0em 4em;"> + <a href="#toc_48">iii. Success of Home Rule.</a> + </li> + <li style="margin: 0em 4em;"> + <a href="#toc_49">iv. The Policy of Trust.</a> + </li> + <li style="margin: 0em 0em;"> + <a href="#toc_50">Chapter V—The Path Of Safety</a> + </li> + <li style="margin: 0em 0em;"> + <a href="#toc_51">Appendix</a> + </li> + <li style="margin: 0em 2em;"> + <a href="#toc_52">Government Of Ireland Bill</a> + </li> + <li style="margin: 0em 2em;"> + <a href="#toc_53">A Bill To Amend The Provision For The + Government Of Ireland138</a> + </li> + <li style="margin: 0em 2em;"> + <a href="#toc_54">Schedules</a> + </li> + <li style="margin: 0em 4em;"> + <a href="#toc_55">First Schedule</a> + </li> + <li style="margin: 0em 4em;"> + <a href="#toc_56">Second Schedule</a> + </li> + <li style="margin: 0em 4em;"> + <a href="#toc_57">Third Schedule</a> + </li> + <li style="margin: 0em 0em;"> + <a href="#toc_58">Index</a> + </li> + <li style="margin: 0em 0em;"> + <a href="#toc_59">Notes</a> + </li> + </ul> + </div><a name="pgvii" id="pgvii"></a> + <hr class="page" /> + <div> + <a name="toc_2" id="toc_2"></a> + <h2> + Preface To First Edition + </h2> + <p> + This book is not a disquisition on the details of the Home + Rule Bill. It is an examination into the leading principles + of the Bill with a view to establishing two conclusions. + The first is, that the Home Rule Bill, though nominally a + measure for the government of Ireland, contains in reality + a New Constitution for the whole United Kingdom. The second + is, that this New Constitution must work injury both to + England and to Ireland, and instead of 'closing a + controversy of seven hundred years, opens a constitutional + revolution. The whole aim, in short, of the book is by the + collection together of arguments which separately have been + constantly used by Unionist statesmen, to warn the people + of England against a leap in the dark. + </p> + <p> + A.V. DICEY. + </p> + <p> + OXFORD: <span class="hi" style= + "font-style: italic;">May</span> 1893. + </p> + </div><a name="pgxv" id="pgxv"></a> + <hr class="page" /> + <div> + <a name="toc_3" id="toc_3"></a> + <h2> + Introduction + </h2> + <p> + Irish Unionists have pressed for a republication of + <span class="hi" style="font-style: italic;">A Leap in the + Dark</span>. They hold that it will be of some service in + their resistance to the Coalition of Home Rulers, + Socialists, and Separatists formed to force upon the people + of England and of Scotland a virtual dissolution of the + Union between Great Britain and Ireland. It would in any + case have been a pleasure to afford aid, however small, to + the Irish Unionists, whether Protestants or Catholics, + engaged in the defence at once of their own birthright and + of the political unity of the United Kingdom. Yet for a + moment I doubted whether the republication of a forgotten + criticism of a forgotten Bill would be of essential service + to my friends. On reflection, however, I have come to see + that, though the Unionists of Ireland probably overrate the + practical value of my book, yet their hope of its serving + the cause whereof they are the most valiant defenders is + based on sound reasons. + </p> + <p> + <span class="hi" style="font-style: italic;">A Leap in the + Dark</span> is a stringent criticism of the Home Rule Bill, + 1893.<a href="#note_1"><span class= + "footnoteref">1</span></a> But the book has little to do + with the details and intricacies of that Bill. <span class= + "hi" style="font-style: italic;">A Leap <a name="pgxvi" id= + "pgxvi"></a> in the Dark</span> was published before the + Home Rule Bill of 1893 had reached the House of Lords, or + had assumed that final form, which made patent to the vast + majority of British electors that a measure which purported + to give a limited amount of independence to Ireland, in + reality threatened England with political ruin. My + criticism is therefore in truth an attack upon the + fundamental principles of Home Rule, as advocated by + Gladstone and his followers eighteen years ago. These + principles, moreover, have never been repudiated by the + Home Rulers of to-day. Some members of the present Cabinet, + notably the Prime Minister and Lord Morley, were the + apologists of the Bill of 1893. In that year <span class= + "hi" style="font-style: italic;">A Leap in the Dark, or Our + New Constitution</span>, was, I venture to say, accepted by + leading Unionists, such as Lord Salisbury, the Duke of + Devonshire, Mr. Balfour, Mr. Chamberlain, Sir Henry James + (now Lord James of Hereford), as, in the main, an adequate + representation of the objections which, in the judgment of + such men and thousands of Unionists, were fatal to the + acceptance of any scheme whatever of Home Rule for Ireland. + The battle over Home Rule lasting, as it did for years, and + ending with the complete victory of the Unionists, has been + forgotten by or has never become known to the mass of the + present electors. It is well that they should be reminded + of the solid grounds for the rejection by the Lords of the + Home Rule Bill of 1893. It is well that they should be + reminded that this rejection was in 1895 ratified by the + approval of the electorate of the United Kingdom <a name= + "pgxvii" id="pgxvii"></a> <span class="hi" style= + "font-style: italic;">A Leap in the Dark</span> will + assuredly remind my readers that in 1893 the hereditary + House of Lords, and not the newly elected House of Commons, + truly represented the will of the nation. This is a fact + never to be forgotten. It is of special import at the + present moment. Another equally undoubted fact deserves + attention. Home Rulers themselves despair of carrying a + Home Rule Bill until they shall have turned the Parliament + Bill into the Parliament Act, 1911, and my readers ought + never to forget that the passing of the Parliament Bill + into law destroys, and is meant to destroy, every security + against the passing of any Home Rule Bill whatever which + the present majority of the House of Commons choose to + support. This gives an ominous significance to the + obstinate refusal of the Government to alter or amend any + of the material enactments contained in this ill-starred + measure. <span class="hi" style="font-style: italic;">A + Leap in the Dark</span>, combined with a knowledge of the + Parliament Bill and the legislative dictatorship with which + it invests the existing Coalition, suggests at least four + conclusions which must at all costs be forced at this + moment upon the attention of the nation. They may be thus + summed up: + </p> + <p> + <span class="hi" style= + "font-style: italic;">First</span>.—If the Parliament + Bill passes into law the existing majority of the House of + Commons will be able to force, and will assuredly in fact + force, through Parliament any Home Rule Bill whatever (even + were it the Home Rule Bill of 1893), which meets with the + approval of Mr. Redmond, and obtains the acquiescence of + the rest of the Coalition. + </p><a name="pgxviii" id="pgxviii"></a> + <p> + The Coalition need not fear any veto of the House of Lords. + There will be no necessity for an appeal to the electors, + or in other words to the nation. The truth of this + statement is indisputable. The legal right of the majority + of the House of Commons to pass any bill whatever into law, + even though the House of Lords refuse its assent, is + absolutely secured by the very terms of the Parliament + Bill. That the leaders of the Coalition, such as Mr. + Asquith, the Chancellor of the Exchequer, and Mr. John + Redmond, will press their legal right to its extreme limits + is proved to any man who knows how to read the teaching of + history, by the experience of 1893. Mr. Gladstone used + every power he possessed, and used it unscrupulously, to + drive a Home Rule Bill through the House of Commons. He was + a man trained in the historical traditions of Parliament. + He assuredly did not relish the use of the closure and the + guillotine. He was supported in the Commons by a very + narrow majority, never I think exceeding forty-eight, and + often falling below that number. The power of the party + system, or as Americans say, the "Machine," was admittedly + much less in 1893 than it has become in 1911. Yet Mr. + Gladstone used such power as he possessed to the utmost. He + hurried through the House of Commons a Bill which had not + in fact received the assent of the nation. He made the + freest use of every device for curtailing freedom of + debate. A large and most important portion of the Home Rule + Bill was not discussed at all in the Commons. And <a name= + "pgxix" id="pgxix"></a> this Bill contained provisions, not + appearing in its original form, for the retention of eighty + Irish members at Westminster with full authority to take + part in every kind of legislation which might be laid + before Parliament; though Mr. Gladstone himself held the + fairness to England of this provision dubious<a href= + "#note_2"><span class="footnoteref">2</span></a> and Mr. + (now Lord) Morley had in 1886 demonstrated by reasoning + which to my mind is absolutely conclusive that under a + system of Home Rule the presence of Irish representatives + in the Imperial Parliament at Westminster would work fatal + injury to Ireland and gross injustice to England.<a href= + "#note_3"><span class="footnoteref">3</span></a> Can any + man able to draw from political precedents their true + meaning believe that Mr. Asquith, and the allies who are + his masters, will be more scrupulous in forcing the next + Home Rule Bill through the House of Lords than was Mr. + Gladstone in forcing the Home Rule Bill of 1893 through the + House of Commons? Mr. Asquith is supported by a large + though incongruous majority. His almost avowed aim in + pushing the Parliament Bill, unchanged and unchangeable, + through the Houses of Parliament is to force the Home Rule + Bill on the people of Great Britain against their will. + Hesitation to make use of this dictatorial authority, + should he ever obtain it, will to himself mean political + ruin; to his English supporters it will seem political + pusillanimity; by his Irish confederates it will be + denounced as breach of faith and treachery. As certainly as + night follows <a name="pgxx" id="pgxx"></a> day the passing + of the Parliament Act will be succeeded by the attempted + passing of a Home Rule Act. + </p> + <p> + <span class="hi" style= + "font-style: italic;">Secondly</span>.—Mr. Redmond + and the Home Rulers, or Separatists, of whom he is the + leader, will exact under any Home Rule Bill of say 1912 or + 1913, at lowest, every advantage which was demanded by + Irish Nationalists in 1893. + </p> + <p> + Why, in the name of common sense, when Irish Nationalists + are absolute masters of the situation, should they demand + lower payment for their support than was offered to them + twenty years ago when the Home Rule majority was every day + losing strength, when every one knew that nothing but the + show of moderation gave the slightest chance of a Home Rule + Bill escaping the veto of the House of Lords, when every + one, except perhaps Mr. Gladstone, foresaw that the next + General Election would give to Unionists a crushing + majority? Every advantage conceded in 1893 to Irish + Separatists at the expense of England will assuredly + reappear in one form or another in the next Home Rule Bill. + Thus Ireland will, we may anticipate, under the next Home + Rule Bill send to the Parliament at Westminster at least + eighty members armed with the fullest legislative + authority, so that, to revive the language current eighteen + years ago, Ireland will govern and tax England whilst + England will retain no right either to govern or to tax + Ireland. + </p> + <p> + <span class="hi" style= + "font-style: italic;">Thirdly</span>.—Every question + to which in 1893 Gladstonians could discover no answer + satisfactory to Unionists or to the electorate of Great + Britain <a name="pgxxi" id="pgxxi"></a> requires an answer + in 1911 as much as in 1893. The answer favourable to Home + Rule has not as yet been discovered. + </p> + <p> + Is it possible to combine the effective supremacy of the + Imperial Parliament with Home Rule or the substantial + legislative independence of Ireland? Can Ireland, close to + the shore of Great Britain, occupy the position of a + self-governing colony, such as New Zealand, divided from + Great Britain by thousands of miles of sea? Is it possible + to create, or even to imagine, a Court which shall decide + whether a law passed by the Irish Parliament violates the + provisions of the proposed Home Rule Act? Above all, can + the wit of man devise any scheme of constitution which + shall at once satisfy the aspirations of Irish Nationalism + and the patently just demand of Ulster that Protestants + shall retain the freedom and the rights secured to them as + citizens of the United Kingdom? Is there any form of Home + Rule which will satisfy the desire of Irish Nationalists + for something approaching national independence without the + urgent peril of rousing civil war between Ulster and the + Parliament at Dublin? All these inquiries, and others like + them, harassed the Parliament of 1893; they were all + answered by Unionists, that is by the majority of the + British electors, with a decided negative; they will all be + raised and will all need an answer when the leaders of the + Coalition condescend to produce their next Home Rule Bill + or even to reveal its fundamental principles. + </p> + <p> + <span class="hi" style= + "font-style: italic;">Fourthly</span>.—England in the + circumstances of to-day <a name="pgxxii" id="pgxxii"></a> + is threatened with two perils which did not exist in 1893, + and yet are of stupendous gravity. + </p> + <p> + The first is, that in the case of a measure of Home Rule + the opportunities for discussing its provisions which are + contained in the Parliament Bill may turn out nominal + rather than real. It is not at all certain that for such a + Bill, even though it be abhorred by the electorate of the + United Kingdom, the House of Lords will be practically able + to secure the delay and elaborate discussion to which Mr. + Asquith professedly attaches immense importance. Unionists + will believe that the measure passed by a large majority of + the House of Commons is detested by the majority of the + British electors. But how will it be possible to carry on + the government of Ireland, to maintain order, or to save a + loyal minority from gross oppression after a Home Rule Bill + applauded by Separatists has been passed through the House + of Commons, and for the first time has been rejected by the + House of Lords? Every official in Ireland, down from the + Lord Lieutenant to the last newly appointed member of the + Irish Constabulary, every Irishman loyal or disloyal, will + know that the Bill will within a year or two become law and + that Irish Nationalists will control the Parliament and the + government of Ireland. Will not the House of Lords be urged + by every alleged consideration of good sense and humanity + to close without delay a period of uncertainty which is + threatening to turn into a reign of anarchy or of terror? + The question supplies its own <a name="pgxxiii" id= + "pgxxiii"></a> answer. The second peril is one whereof + nobody speaks, but which must occur to any man who has + studied the history of the past eighteen years or reflects + upon the condition of public opinion. The peril, to put the + matter plainly, is that Home Rulers will not stop at + attaining Home Rule for Ireland, and that they may, and + probably will, attempt to undermine the political + predominance of England. Everything points in this + direction. The agitation for Home Rule has fostered in + Ireland, and to a very limited extent in certain other + parts of the United Kingdom, a feeling approaching to + jealousy of English power. England or Great Britain is the + predominant partner. England is wealthy, England is + prosperous. England, as the language of common life + imports, is the leading member of the United Kingdom. Lord + Rosebery announced with wise foresight that Home Rule in + Ireland could hardly be established with benefit to the + United Kingdom until the assent thereto of the predominant + partner had been obtained by force of argument. The idea + was grounded on common sense. Will it not suggest to Irish + Nationalists that their moment of authority must be used + for obtaining far greater privileges for Ireland than the + extravagant political power offered by Gladstonians in + 1893? Is it not natural for Home Rulers to think that the + predominant partner ought to be deprived of his + predominance? The conduct of the Coalition and some of its + leaders points in this direction. They will have obtained + through the Parliament Act <a name="pgxxiv" id= + "pgxxiv"></a> temporary, but strictly unlimited and + dictatorial, power. They will have obtained it by intrigue; + they have rejected and treated with scorn the idea of an + appeal to the people. They have claimed, not for Parliament + but for the existing House of Commons, an absolute + legislative power superior to that of the nation, a power + which I assert with confidence is not possessed by the + elected Assemblies of the United States, or of the French + Republic, or of the Swiss Confederation: And by a strange + combination of circumstances one method for depriving the + predominant partner of legitimate authority may seem to a + Home Ruler to lie near at hand. Raise the cry of 'Home Rule + all round,' or of 'Federalise the British Empire.' Turn + England into one State of a great federation, let Wales be + another, Scotland a third, the Channel Islands a fourth, + and for aught I know the Isle of Man a fifth. Let the + self-governing Colonies, and British India, send deputies + to the Imperial or Federal Parliament. You may thus for a + moment, under the pretence of uniting the Empire, not only + divide the United Kingdom, but deprive England or Great + Britain, in form at least, of that political supremacy and + predominance which is the real bond of union and peace not + only throughout the United Kingdom, but also throughout the + length and breadth of the British Empire. I do not tremble + for the power—the lawful and legitimate + power—of England. Political devices, however crafty, + break down whenever they are opposed to the nature of + things. I know <a name="pgxxv" id="pgxxv"></a> that unity + is increasing throughout the Empire not through the cunning + or the statecraft of politicians, but through the whole + course of events. One part of our Imperial system becomes + daily under the effect of railways, steamers, telegraphs, + and the like, nearer and nearer to every other part. The + sentiment of unity which is more valuable than any law + aiming at formal federation each year gains strength. What + I do fear and insist upon is the danger that a legislative + dictatorship conferred on a party, and therefore + necessarily taken away from the nation, should be employed + in the attempt, vain though it ultimately must be, to + deprive the predominant partner of a predominance requisite + for the maintenance both of the United Kingdom and of the + British Empire. + </p> + <p> + The four reflections at any rate which may be suggested by + <span class="hi" style="font-style: italic;">A Leap in the + Dark</span> are well worth the consideration of the loyal + citizens of the United Kingdom. + </p> + <p style="text-align: right"> + A.V. Dicey. + </p> + </div> + </div> + <div class="body"> + <a name="pg1" id="pg1"></a> + <hr class="doublepage" /> + <div> + <h2> + A Leap In The Dark<a href="#note_4"><span class= + "footnoteref">4</span></a> + </h2> + <p> + + </p> + </div> + <div> + <a name="toc_4" id="toc_4"></a> + <h2> + Chapter I—Old And New Constitution + </h2> + <div> + <a name="toc_5" id="toc_5"></a> + <p> + + </p> + </div> + <p> + The Home Rule Bill<a href="#note_5"><span class= + "footnoteref">5</span></a> contains a New Constitution for + the whole United Kingdom.<a href="#note_6"><span class= + "footnoteref">6</span></a> + </p> + <p> + The Bill bears on its face that its object is 'to amend the + provision for the Government of Ireland'; it is entitled + 'The Irish Government Act, 1893'; it is in popular language + known as the Home Rule Bill. But all these descriptions are + misleading. It is in truth a measure which affects the + government alike <a name="pg2" id="pg2"></a> of England, of + Scotland, and of Ireland. It changes, to some extent the + form, but to a far greater extent the working, and the + spirit of all our institutions. It is a bold attempt to + form a new constitution for the whole United Kingdom; it + subverts the very bases of the existing constitution of + England. + </p> + <div> + <a name="toc_6" id="toc_6"></a> + </div> + <p> + The present constitution of the United Kingdom is marked + and has long been marked by two essential characteristics, + the one positive and the other negative. + </p> + <p> + The positive characteristic is the absolute and effective + authority of the Imperial Parliament throughout the length + and breadth of the United Kingdom. + </p> + <div> + <a name="toc_7" id="toc_7"></a> + </div> + <p> + To this characteristic Englishmen are so accustomed that + they hardly recognise its full importance. A government may + make its power felt in three different ways—by the + action of the Executive, including under that head all the + agents of the Executive, such as the judiciary and the + armed forces—by legislation—and by the levying + of taxes. Take any of these tests of authority, and it will + be found that the British Parliament is not only + theoretically, but actually and effectively, supreme + throughout the whole of Great Britain and Ireland. The + Cabinet is virtually appointed by the Houses of Parliament; + the army, the judges, the magistracy, all officials who + throughout the country exercise executive power in any form + whatever are directly or indirectly appointed by + Parliament, and hold office subject to the will of + Parliament. Of the legislative authority of Parliament + <a name="pg3" id="pg3"></a> as regards the United Kingdom + it is scarcely necessary to speak. Any law affecting the + United Kingdom not only lawfully may, but can in fact, be + changed by the Imperial Parliament. Of the unlimited + legislative authority ascribed to, and exercised by, + Parliament in the United Kingdom the Home Rule Bill itself + is sufficient evidence; and the Gladstonian Ministry, at + any rate, see no reason why Parliament should not within + the course of a few weeks remodel the fundamental laws of + the realm. The right to impose taxes is historically the + source of Parliamentary power, and in all matters of + taxation Parliament has absolute freedom of action from one + end of the United Kingdom to the other; whether the income + tax is to be lowered, raised, or abolished, whether some + new duty, such as the cart and wheel tax, shall be imposed, + whether the United Kingdom shall maintain free trade, or + return to protection, how taxes shall be raised and how + they shall be spent—all matters in short connected + with revenue are throughout the United Kingdom determined + and determinable in the last resort by Parliament alone. + </p> + <p> + Hence, as things now stand, no kind of governmental action + in any part of Great Britain and Ireland escapes + Parliamentary supervision. The condition of the army, the + management of the police, the misconduct of a judge, the + release of a criminal, the omission to arrest a defaulting + bankrupt, the pardon of a convicted dynamiter, the + execution of a murderer, the interference of the police + with a public meeting, or the neglect of the police to + check a riot in <a name="pg4" id="pg4"></a> London, in + Skye, or in Tipperary, any matter, great or small, with + which the executive is directly or indirectly concerned, + is, if it takes place in any part of the United Kingdom, + subject to stringent and incessant Parliamentary + supervision, and may, at any moment, give rise to debates + on which depend the fate of ministries and parties. If + there be such a thing as supreme actual and effective + authority, such authority is throughout the whole of the + United Kingdom exercised by the Imperial Parliament, not + occasionally and in theory, but every day and in the + ordinary course of affairs. + </p> + <div> + <a name="toc_8" id="toc_8"></a> + </div> + <p> + This exertion of actual and effective power by the Imperial + Parliament throughout the United Kingdom is a totally + different thing from the supremacy or sovereignty exercised + by Parliament throughout the whole British Empire. As a + matter of legal theory Parliament has the right to + legislate for any part of the Crown's dominions. Parliament + may lawfully impose an income tax upon the inhabitants of + New South Wales; it may lawfully abolish the constitution + of the Canadian Dominion, just as some years ago it did + actually abolish the ancient constitution of Jamaica. But + though Parliament does in fact exert a certain, or rather a + very uncertain, amount of power throughout the whole + Empire, we all know that the Imperial Parliament neither + exercises, nor claims to exercise, in a self-governing + colony such as New Zealand,<a href="#note_7"><span class= + "footnoteref">7</span></a> that kind of effective authority + which <a name="pg5" id="pg5"></a> Parliament exercises in + the United Kingdom. The Cabinet of New Zealand is not + appointed at Westminster; the action of a New Zealand + Ministry as regards the affairs of New Zealand is not + controlled by the English Government. Not a pennyworth of + taxation is imposed on the inhabitants of New Zealand, or + of any colony whatever, by the Imperial Parliament. Even + the imposition of customs, though it has an important + bearing on the interest of the Empire, is in a + self-governing colony determined by the colonial, and not + by the British, Parliament. It is the Parliament of New + Zealand, and not the Parliament of England, which governs + New Zealand. The Imperial Parliament, though for Imperial + purposes it may retain an indefinite supremacy throughout + the British Empire, has, as regards self-governing + colonies, renounced, for all other than Imperial purposes, + executive and legislative functions. To labour this point + may savour of pedantry. But the distinction insisted upon, + whilst often overlooked, is of extreme importance. We risk + being deceived by words. The Imperial Parliament is supreme + in the United Kingdom, it is also supreme in New Zealand. + But the supremacy of the Imperial Parliament is a + misleading expression; it means one thing in the United + Kingdom, and another thing in New Zealand or in Canada. In + the United Kingdom it means the exercise of real, actual, + effective and absolute authority. In New Zealand it means + little more than <a name="pg6" id="pg6"></a> the claim to + regulate matters of a distinctly and exclusively Imperial + character. The distinction is vital. The essential feature + of the English constitution is the actual and direct + government of the whole United Kingdom by the Parliament at + Westminster. No change could be more fundamental than a + change which, in England, Scotland, or Ireland, reduced + this actual authority to the ultimate or reserved + sovereignty exercised, or rather claimed, by Parliament in + Canada or in New Zealand. + </p> + <div> + <a name="toc_9" id="toc_9"></a> + </div> + <p> + The negative characteristic of the English constitution is + the absence of federalism or of the federal spirit. + </p> + <p> + The spirit of institutions is as important as their form, + and the spirit of English Parliamentary government has + always been a spirit of unity. + </p> + <p> + The fundamental conditions of federal government are well + known. They are first the existence of States such as the + Cantons of Switzerland or the States of Germany, which are + capable of bearing in the eyes of their inhabitants an + impress of common nationality, and next the existence among + the inhabitants of the federalised country of a very + peculiar sentiment, which may be described as the desire + for political union without the desire for political + unity.<a href="#note_8"><span class= + "footnoteref">8</span></a> This condition of opinion leads + to a division of powers between the federal or national + government and the States. Whatever concerns the nation as + a whole is placed under the control of the federal power. + <a name="pg7" id="pg7"></a> All matters which are not + primarily of common interest remain in the hands of the + States. Now each of these conditions upon which federalism + rests has, as a matter of history, been absolutely unknown + to the people of England. In uniting other countries to + England they have instinctively aimed at an incorporative + not at a federal union. This absence of the federal spirit + is seen in two matters which may appear of subordinate, but + are in reality of primary, consequence. Every member of + Parliament has always stood on a perfect equality with his + fellows; the representatives of a county or of a borough, + English members, Scottish members, Irish members, have + hitherto possessed precisely equal rights, and have been + subject to precisely the same duties. They have been sent + to Parliament by different places, but, when in Parliament, + they have not been the delegates of special localities; + they have not been English members, or Scottish members, or + Irish members, they have been simply members of Parliament; + their acknowledged duty has been to consult for the + interest of the whole nation; it has not been their duty to + safeguard the interests of particular localities or + countries. Hence until quite recent years English parties + have not been formed according to sectional divisions. + There has never been such a thing as an English party or a + Scottish party. Up to 1832 the Scottish members were almost + without exception Tories; since 1832 they have been for the + most part Liberals or Radicals; they have kept a sharp eye + upon Scottish affairs, but they have never <a name="pg8" + id="pg8"></a> formed a Scottish party. The same thing has, + to a great extent, held good of the Irish members. The + notion of an Irish party is a novelty, and in so far as it + has existed is foreign to the spirit of our institutions. + Hence further, the Cabinet has been neither in form nor in + spirit a federal executive. No Premier has attempted to + constitute a Ministry in which a given proportion of + Irishmen or Scotchmen should balance a certain proportion + of Englishmen. English politicians have as yet hardly + formed the conception of an English party. Not a single + Prime Minister has claimed the confidence of the country on + the ground that his colleagues were, or were not, English, + Scottish, or Irish. That a Premier should glory in his pure + Scottish descent is an innovation; it is an innovation + ominous of revolution; it betrays a spirit of + disintegration. If at the moment it flatters Scottish + pride, Scotchmen and Irishmen would do well to recollect + that it is a certain presage of a time when some Englishman + will rise to power and obtain popular support on the ground + of his staunch English sympathies and of his unadulterated + English blood. + </p> + <div> + <a name="toc_10" id="toc_10"></a> + </div> + <p> + Now place the new constitution side by side with the old. + Assume, as I do assume throughout this chapter, that our + new Gladstonian policy works in accordance with the + intentions of its authors. + </p> + <p> + The new constitution abolishes in Ireland the actual and + effective control and authority of the Imperial Parliament. + </p> + <div> + <a name="toc_11" id="toc_11"></a> + </div> + <p> + The government of Ireland is under the Home <a name="pg9" + id="pg9"></a> Rule Bill<a href="#note_9"><span class= + "footnoteref">9</span></a> placed in the hands of an + executive authority, or, in plain terms, a Cabinet, + undoubtedly to be appointed by the Irish Legislature, in + the same sense in which an English Cabinet is appointed by + the British Parliament, or a New Zealand Cabinet is + appointed by the Parliament of New Zealand.<a href= + "#note_10"><span class="footnoteref">10</span></a> For the + first time in the whole course of history the + administration of Irish affairs is placed in the hands of + an Irish Ministry, in the selection of which the Imperial + Parliament has no hand or concern whatever. Mr. McCarthy, + Mr. Healy, Mr. Redmond, Mr. Davitt, any leader, known or + unknown, loyal or disloyal, who commands the confidence of + the Irish Legislature, or, as I will venture to term it, + the Irish Parliament,<a href="#note_11"><span class= + "footnoteref">11</span></a> will naturally become the + Premier of Ireland, and, together with his colleagues, will + possess all the authority which belongs to a Parliamentary + <a name="pg10" id="pg10"></a> Executive. On the action of + this Irish Cabinet the Bill places, with rare exceptions, + either no restrictions at all or restrictions which are + only transitory.<a href="#note_12"><span class= + "footnoteref">12</span></a> Speaking generally, we may lay + down that, except as to the control of the army, if that be + an exception, the Irish Cabinet will, when the constitution + gets into full working order, occupy in Ireland the + position now occupied by the British Cabinet in regard to + the whole United Kingdom. The appointment of officials, the + conduct of Irish affairs, all the ordinary functions of + government will, with certain exceptions meant for the most + part to protect the rights of the Imperial Parliament, be + exercised by Irish Ministers responsible to the Irish + Parliament; and the British or Imperial Parliament will, in + the ordinary course of things, have no more to do with the + administration of affairs in Ireland than it has to do with + the administration of affairs in New Zealand. The Irish, + not the British, Cabinet will decide what are the steps to + be taken for the protection throughout Ireland of the + rights of property or of personal liberty; the Irish and + not the English Cabinet <a name="pg11" id="pg11"></a> will + determine by what means the payment of rent is to be + enforced; the Irish and not the English Cabinet will decide + what persons are to be prosecuted for crime; the Irish and + not the English Cabinet will determine whether the means + for enforcing the punishment of crime are adequate, and + whether Ireland, or some part of Ireland, say Belfast, + requires to be governed by means of a Coercion Act; the + Irish and not the English Cabinet will decide with what + severity wrong-doers are to be punished, and whether, and + under what circumstances, convicted criminals deserve + either pardon or mitigation of punishment. + </p> + <p> + It is patent that under the new constitution the Irish + Parliament and, under ordinary circumstances, the Irish + Parliament alone will legislate for Ireland. For the Irish + Parliament can, subject to certain Restrictions,<a href= + "#note_13"><span class="footnoteref">13</span></a> pass any + law whatever 'for the peace, order and good government of + Ireland, in respect of matters exclusively relating to + Ireland or some part thereof'<a href= + "#note_14"><span class="footnoteref">14</span></a>; and, + subject to the same Restrictions, may repeal any law which, + before the Home Rule Bill becomes law, is in force in + Ireland. Under the new constitution the Irish Parliament + and not the Imperial Parliament will, it is clear, as a + rule legislate for Ireland. Under the new constitution the + Irish Parliament may enact a Coercion Act, applying say to + Ulster, or may repeal the existing Crimes Act. It may + abolish trial by jury<a href="#note_15"><span class= + "footnoteref">15</span></a> altogether, put any restraints + it sees fit on the liberty of the press, or introduce a + system of administrative law like that which exists in + France, but is totally foreign to English notions of + jurisprudence. + </p> + <p> + Under the new constitution, again, the financial relations + of Great Britain and Ireland are made the subject of an + elaborate arrangement which may fairly <a name="pg12" id= + "pg12"></a> be called a contract<a href= + "#note_16"><span class="footnoteref">16</span></a>. Ireland + takes over certain charges<a href="#note_17"><span class= + "footnoteref">17</span></a>, and speaking very generally, + whilst all the duties of customs levied in Ireland are + collected by and paid over to the Exchequer of the United + Kingdom, as Ireland's contribution to Imperial expenditure, + all the other taxes are, as a general rule, paid over to + the Irish Exchequer. The justice or the policy of these + financial arrangements is for my present purpose + immaterial. All that need be observed is that the ordinary + taxation of Ireland passes from the hands of the Imperial + Parliament into the hands of the Irish Parliament, and that + under the new constitution this arrangement is a settlement + which the Imperial Parliament is morally bound to respect + for a period of at least fifteen years<a href= + "#note_18"><span class="footnoteref">18</span></a>. + </p> + <p> + In Ireland therefore the new constitution abolishes the + effective exercise of authority by the Imperial Parliament + in matters of administration, in matters of legislation, in + matters of finance; every concern which affects the daily + life of Irishmen will be under the control of the Irish + Cabinet and the Irish Parliament. The relation of the + Imperial Parliament towards Ireland will not be the + relation which it now occupies towards the whole United + Kingdom, and which under the new constitution it will still + occupy towards Great Britain. The Imperial Parliament, it + is true, retains considerable reserved powers; what are the + effect and nature of these powers shall be <a name="pg13" + id="pg13"></a> considered in its due place. The matter upon + which I now insist is simply this: the new constitution + does in any case transfer the effective government of + Ireland from the Imperial Parliament to the Irish + Parliament. The authority reserved to the Imperial + Parliament may be termed supremacy, or sovereignty, or may + be described by any other fine-sounding name which we are + pleased to use, but the fact remains unaltered that, as + long as the new constitution stands and works, the Imperial + Parliament will not govern Ireland in the sense in which it + governs England and Scotland, and that such authority as it + exerts in Ireland will be analogous not to the power which + it now exercises there, but to the influence which it + possesses in Canada or in New Zealand.<a href= + "#note_19"><span class="footnoteref">19</span></a> + </p> + <div> + <a name="toc_12" id="toc_12"></a> + </div> + <p> + The new constitution is at bottom a federalist or + semi-federalist constitution; it introduces into English + institutions many of the forms of federalism and still more + of its spirit. + </p> + <p> + The Parliament sitting at Westminster becomes for the first + time a Federal Congress. + </p><a name="pg14" id="pg14"></a> + <p> + Of its members, 567 will represent Great Britain; 80 will + represent Ireland. The exact numbers are for the present + purpose insignificant. The serious matter is that the + Imperial Parliament undergoes an essential change of + character. The British members will have, or are intended + to have, no concern with the government of Ireland. The + Irish members ought to have nothing to do with the + government of Great Britain. On Imperial subjects the + Imperial Parliament, or, to call it by its proper name, the + Federal Congress, votes as a whole; on Irish subjects it + does not vote at all; on British topics its British members + only vote. The British and the Irish members, in short, + alike represent, though in a very clumsy fashion, the + States of a Confederacy. Though the fact be artfully + concealed, we have under the new constitution already, in + germ at least, a British State and an Irish State, a + British Parliament and an Irish Parliament, and a third + body consisting of these two Parliaments, which is the + Imperial or Federal Parliament.<a href= + "#note_20"><span class="footnoteref">20</span></a> + </p><a name="pg15" id="pg15"></a> + <div> + <a name="toc_13" id="toc_13"></a> + </div> + <p> + The different features of federalism make their appearance + though under strange forms. + </p> + <p> + The constitution imposes Restrictions on the powers of the + State Governments and of the Federal Government. + </p> + <div> + <a name="toc_14" id="toc_14"></a> + </div> + <p> + This appears unmistakably in the limitations placed upon + the authority of the Irish Parliament. + </p> + <div> + <a name="toc_15" id="toc_15"></a> + </div> + <p> + These Restrictions, be they wise or unwise, politic or + impolitic, are perfectly in keeping with the constitutional + arrangements of a Federal Government, but are absolutely + unknown to the theory and practice of English parliamentary + government. + </p> + <p> + The powers of the Imperial Parliament, it may be said, are + under the new constitution subject to no limitations. In + words this assertion is true, in substance it is false. If + the constitution works properly the Imperial Parliament + will clearly be subject to the terms of the Government of + Ireland Act, 1893, or, in other words, of the Federal + Constitution. This subjection is not absolute; it is moral, + not legal, still it exists. A breach of the federal compact + will be no light matter. + </p> + <p> + The constitution again, as one would expect under a federal + scheme, provides for the enforcement of the compact. + </p> + <p> + In the case of Ireland this is manifest. The royal + veto,<a href="#note_21"><span class= + "footnoteref">21</span></a> the power of the Courts, and + ultimately of the Privy Council, to pronounce on the + constitutionality of any Irish Act, and treat it as void if + it is in excess of the authority bestowed upon the Irish + legislature, the <a name="pg16" id="pg16"></a> provisions + for the legal determination of constitutional + questions,<a href="#note_22"><span class= + "footnoteref">22</span></a> the arrangements as to the + payment of the Irish customs into the Imperial Exchequer, + the special and very anomalous position of the Exchequer + Judges, are all attempts, whatever be their worth, to + restrain the Irish legislature and government, or in effect + the Irish people, from the undue assertion of State rights. + </p> + <p> + Restraints again are placed on the unconstitutional action + of the Imperial or Federal Parliament. They are less + obvious, but at least as real and effectual as the + safeguards against the breach of the constitution by the + Irish government or legislature. They are all summed up in + the presence of the Irish representatives at Westminster. + The only legitimate reason, if legitimate reason there be, + for their presence is the guardianship of Irish rights + under the constitution. It is for them to see that these + rights are held sacred. No diminution thereof can take + place without either the assent of the Irish members or + else the existence of such a majority in the Parliament at + Westminster as may override the protests of + Ireland.<a href="#note_23"><span class= + "footnoteref">23</span></a> No doubt <a name="pg17" id= + "pg17"></a> this is not an absolute security. But whoever + considers the habits of English political life will + conclude that, except in the event of the Imperial + Parliament being resolved to suspend or destroy the + constitution, there exists the highest improbability that + any inroad should be made upon the privileges conferred + under the new constitution upon Ireland. The security, + though not absolute, is a good deal better than any + safeguard given by the Bill that the State rights of Great + Britain shall be duly respected by the representatives from + Ireland. Assume, however, that the constitution works + properly, and that all parties respect the spirit of its + provisions. The result is that the new constitution forms a + fundamental law, fixing the respective rights of Ireland, + of Great Britain, of the Irish Parliament, and of the + Imperial Parliament.<a href="#note_24"><span class= + "footnoteref">24</span></a> + </p> + <div> + <a name="toc_16" id="toc_16"></a> + </div> + <p> + The federal arrangements which, utterly unknown as they are + to our institutions, form the foundation of the new + constitution, are as nothing compared with the recognition + and fostering of the federal spirit. + </p> + <div> + <a name="toc_17" id="toc_17"></a> + </div> + <p> + Great Britain and Ireland constitute for the first time in + history a confederation. The difference or opposition of + their interests receives legislative acknowledgment: each + country is to possess in reality, though not in name, State + rights; each must rely upon the constitution for the + protection of these <a name="pg18" id="pg18"></a> rights; + each may suffer from the encroachments of the Imperial or + central power. Ireland may complain that the Imperial + Parliament by legislation, or the Privy Council by judicial + interpretation, encroaches on her guaranteed rights. Great + Britain may complain either that Irish members intermeddle + in British affairs, and thus British rights are violated, + or that the Privy Council so interprets the constitution + that the prerogatives of the Central Government (which be + it remembered must in practice be identified with the power + of England) are unduly diminished. To imagine such + complaints is not to assume that the constitution works + badly. They are of necessity inherent in the federal + system. There exists no federal government throughout the + world where such complaints do not arise, and where they do + not at times give rise to heart-burnings. It is well + indeed, judging from the lessons of history, if they do not + produce bitter conflicts, or even civil war. Let us take, + however, the most sanguine view possible. Let us grant that + both in England and in Ireland every minister, every + legislator, every judge, is inspired with a spirit of + perfect disinterestedness and absolute fairness. This + concession, immense though it be, does not exclude vital + differences of opinion. In our new confederacy, as in every + other, there will arise the contest between State rights + and federal rights, between the authority of the Central + Government and of the State Government. In any case, a + whole class of new difficulties and questions of a totally + new description will make their appearance in <a name= + "pg19" id="pg19"></a> the field of English politics, and + call for the exercise on the part both of English and of + Irish statesmen of extraordinary wisdom and extraordinary + self-control. The new constitution in short, in virtue of + its federal tendencies, will revolutionise the public life + of the United Kingdom. + </p> + <p> + From whatever side the matter be considered we arrive at + the same result. The Home Rule Bill is a new constitution; + it subverts the bases of the English constitution as we now + know it, for it destroys throughout Ireland the effective + authority of the Imperial Parliament, and turns the United + Kingdom into a federal government of a new and untried + form. + </p> + <div> + <a name="toc_18" id="toc_18"></a> + </div> + <p> + The change may be necessary or needless, wise or unwise. + The first and most pressing necessity of the moment is that + every elector throughout the United Kingdom should, realise + the immense import of the innovation. It is a revolution + far more searching than would be the abolition of the House + of Lords or the transformation of our constitutional + monarchy into a presidential republic. + </p> + <div> + <a name="toc_19" id="toc_19"></a> + </div> + <p> + The next point to which the attention of every man + throughout the land should be directed is, that the new + constitution offered to us for acceptance is unknown to any + other civilised country. Parts of it are borrowed from the + United States; some of its provisions are imported from the + British colonies, whilst others are apparently the + inventions of the unknown and irresponsible Abbé Siéyès, + who is the ingenious constitution-maker of the Cabinet. + <a name="pg20" id="pg20"></a> But the new polity as a whole + resembles in its essence neither the American Commonwealth + nor the Canadian Dominion, nor the Government either of New + Zealand or of any other self-governing colony. It is an + attempt—its admirers may think an original and + ingenious attempt—to combine the sovereignty of an + Imperial Parliament with the elaborate limitation and + distribution of powers which distinguish federal + government. The whole thing is an experiment and an + experiment without precedent. Its novelty is not its + necessary condemnation, but neither on the other hand is + innovation of necessity the same thing as reform. The + institutions of an ancient realm are not exactly the + <span class="hi" style="font-style: italic;">corpus + vile</span> on which theorists hard pressed by the + practical difficulties of the political situation can be + allowed to try unlimited experiments. We are bound to + scrutinise with care every provision of this brand-new + polity. We are bound to consider what will be their effect + according to the known laws of human nature and under the + actual circumstances of the time. It is vain to tell us + that many of our institutions remain untouched. The + introduction of new elements into an old political system + may revolutionise the whole; the addition of new cloth to + an old garment may, we all know, rend the whole asunder. + There is no need for panic; there is the utmost need for + prudence. + </p> + </div><a name="pg21" id="pg21"></a> + <hr class="page" /> + <div> + <a name="toc_20" id="toc_20"></a> + <h2> + Chapter II—The New Constitution + </h2> + <div> + <a name="toc_21" id="toc_21"></a> + </div> + <p> + A critic of the new constitution, intent on ascertaining + how it affects the relation of Great Britain and Ireland, + will do well to divert his attention from the numerous + details of the Home Rule Bill, important as many of them + are,<a href="#note_25"><span class= + "footnoteref">25</span></a> and fix his mind almost + exclusively upon the four leading features of the measure. + </p><a name="pg22" id="pg22"></a> + <p> + These are:— + </p> + <p> + <span class="hi" style="font-style: italic;">First</span>. + The supremacy of the Imperial Parliament. + </p> + <p> + <span class="hi" style= + "font-style: italic;">Secondly</span>. The retention of the + Irish members in the Parliament at Westminster. + </p> + <p> + <span class="hi" style= + "font-style: italic;">Thirdly</span>. The powers of the + Irish Government, in which term is here included both the + Irish Executive and the Irish Parliament. + </p> + <p> + <span class="hi" style= + "font-style: italic;">Fourthly</span>. The Restrictions + (popularly known as the safeguards) and the obligations + imposed upon the Irish Government. + </p> + <p> + These features are primary and essential; everything else, + however important in itself, is subsidiary and accidental. + </p> + <div> + <a name="toc_22" id="toc_22"></a> + <h3> + A. <span class="hi" style="font-style: italic;">The + Supremacy of the Imperial Parliament</span><a href= + "#note_26"><span class="footnoteref">26</span></a> + </h3> + <p> + The Home Rule Bill asserts in its preamble the + inexpediency of 'impairing or restricting the supreme + authority of Parliament'; and in clause 33, + apparently<a href="#note_27"><span class= + "footnoteref">27</span></a> assumes the right of the + Imperial Parliament <a name="pg23" id="pg23"></a> after + the passing of the Home Rule Bill to enact for Ireland + laws which cannot be repealed by the Irish Parliament. + </p> + <div> + <a name="toc_23" id="toc_23"></a> + </div> + <p> + The new constitution therefore maintains the supremacy of + the Imperial Parliament. + </p> + <div> + <a name="toc_24" id="toc_24"></a> + </div> + <p> + What, however, is the true meaning of this 'supreme + authority,' 'supremacy,' or 'sovereignty,' if you like, + of the Imperial Parliament? + </p> + <p> + The term, as already pointed out,<a href= + "#note_28"><span class="footnoteref">28</span></a> is + distinctly ambiguous, and unless this ambiguity is + cleared up, the effect of the Home Rule Bill, and the + nature of our new constitution, will never be understood. + </p> + <div> + <a name="toc_25" id="toc_25"></a> + </div> + <p> + The supremacy of the Imperial Parliament may mean the + right and power of Parliament to govern Ireland in the + same sense in which it now governs <a name="pg24" id= + "pg24"></a> England, that is, to exercise effective + control over the whole administration of affairs in + Ireland, and for this purpose, through the action of the + English Government, or, when necessary, by legislation, + to direct, supervise and control the acts of every + authority in Ireland, including the Irish Executive and + the Irish Legislature. If this were the meaning of the + expression, the Imperial Parliament would, after the + passing of the Home Rule Bill, as before, be as truly + supreme in Ireland as in England, in Scotland, in the + Isle of Man, or in Jersey. The Irish Executive and the + Irish Parliament would, of course, be bodies possessing + large—and it might be very + dangerous—delegated powers, but they would stand in + the same relation to the Imperial Parliament as does the + London County Council, which also possesses large + delegated powers, which administers the affairs of a + population as large as that of Scotland and which, very + possibly, may receive from Parliament as time goes on + larger and more extended authority than the Council now + possesses. This is the sense which many Gladstonians, and + some Unionists, attribute to the term 'supremacy of + Parliament.' It is not the sense in which the expression + 'supreme authority of Parliament' is used in the Home + Rule Bill. + </p> + <p> + The supremacy of Parliament may bear quite another sense; + it may mean that Parliament, whilst completely giving up + the management of Irish affairs (subject of course to the + Restrictions contained in the Home Rule Bill) to the + Irish Executive and the Irish Legislature, retains in + Ireland, as elsewhere <a name="pg25" id="pg25"></a> + throughout the Empire, reserved sovereignty, or the + theoretical right (which exceptionally though rarely may + be put into practice) of passing laws for Ireland and of + course, among other laws, an Act modifying or repealing + the terms of the Home Rule Bill itself. If this is the + meaning of the expression 'supreme authority of + Parliament,' the Imperial Parliament will, after the + passing of the Home Rule Bill, stand in substance in the + relation to Ireland which Parliament occupies towards any + important self-governing colony, such as is the Canadian + Dominion or New Zealand. The Irish Executive and the + Irish Parliament will on this view constitute the real + substantial government of Ireland, just as the Ministry + and the Parliament of New Zealand constitute the real and + substantial government of New Zealand. No doubt the + Imperial Parliament will retain the theoretical right to + legislate for Ireland, <span class="hi" style= + "font-style: italic;">e.g.</span> to pass an Irish + Coercion Act, just as Parliament retains the theoretical + right to legislate for New Zealand or Canada. So the + Imperial Parliament has the legal right to repeal or + override any law passed by the New Zealand Parliament, to + tax the inhabitants of New Zealand, or finally, by the + repeal of the New Zealand Constitution Act, 1852, 15 + & 16 Vict. c. 72, to abolish the constitution of New + Zealand altogether. But these things Parliament will not, + and to speak truly cannot, do in New Zealand. The + inhabitants of New Zealand possess as regards their + internal affairs for practical purposes complete + independence. They are governed from Wellington, they are + not governed <a name="pg26" id="pg26"></a> from + Westminster. If in short the supremacy of Parliament + means under the Home Rule Bill in Ireland what it means + under 15 & 16 Vict. c. 72 in New Zealand, the + inhabitants of Ireland will, when the Home Rule Bill + passes into law, be governed from Dublin, they will not + be governed from Westminster. Every Irish Home Ruler, be + he Parnellite or Anti-Parnellite,<a href= + "#note_29"><span class="footnoteref">29</span></a> + believes that the supremacy of Parliament is intended to + mean in Ireland what it means in New Zealand, and the + Irish Home Rulers are right. Any one will see that this + is so who reflects on the meaning of the policy of Home + Rule, who studies the authoritative utterances of + Gladstonian leaders, such as Mr. Gladstone<a href= + "#note_30"><span class="footnoteref">30</span></a> + himself, Mr. Asquith,<a href="#note_31"><span class= + "footnoteref">31</span></a> or Mr. Bryce.<a href= + "#note_32"><span class="footnoteref">32</span></a> + Gladstonian statesmen wrap up their meaning in vague + generalities; they insist, and in one sense with truth, + that the sovereignty of Parliament is reserved. They do + not wish to alarm their English followers. It is possible + that they conceal even from themselves how completely the + Imperial Ministry and Parliament surrender the practical + government of Ireland into the hands <a name="pg27" id= + "pg27"></a> of the Irish Parliament and its leaders. But + for all this, their own language and the Bill itself + prove that the supreme authority of Parliament is under + the new constitution to be taken in its limited, and what + for the sake of distinction we may call its 'colonial' + sense. This is proved, if evidence were wanting, by the + provision<a href="#note_33"><span class= + "footnoteref">33</span></a> that after fifteen years from + the time when the Bill passes into law the financial + relations between England and Ireland may be revised in + pursuance of an Address to the Crown from the House of + Commons or from the Irish legislative assembly. If the + Imperial Parliament retains an effective or practically + unlimited supremacy, the provision is futile and + needless. What necessity is there for enacting that a + sovereign Parliament, which institutes, may alter a + scheme of taxation? But the provision is intelligible + enough on one supposition, and on one supposition only. + It is both intelligible and in place if Parliament gives + up the real right of governing Ireland and occupies + towards what is now a part of the United Kingdom the + position, or something very like the position, which + Parliament occupies towards a self-governing colony. It + then embodies a compact between England and Ireland, and + institutes a regular method for revising their financial + relations. But this very compact proves that as regards + Ireland the Imperial Parliament, if it reserves to itself + ultimate sovereignty, has for practical purposes + surrendered the reality of control. + </p><a name="pg28" id="pg28"></a> + <div> + <a name="toc_26" id="toc_26"></a> + </div> + <p> + There is no need to assert that this supremacy of the + Imperial Parliament means nothing. The assertion would + not be true. The reservation of sovereign authority means + something, but it does not mean much. It does not mean + the power or the right to govern Ireland; it means at + most the legal and moral right to modify, or put an end + to, the new constitution if ever it works badly. + </p> + <p> + The power, indeed, to abolish the constitution can + neither be given nor taken away by Acts of Parliament, by + the declarations of English statesmen, or the concessions + of Irish leaders, whether authorised or not to pledge the + Irish people. It is given to Great Britain, not by + enactments, but by nature; it arises from the inherent + capacity of a strong, a flourishing, a populous, and a + wealthy country to control or coerce a neighbouring + island which is poor, divided, and weak.<a href= + "#note_34"><span class="footnoteref">34</span></a> This + natural supremacy will, if the interests of Great Britain + require it, be enforced by armies, by ironclads, by + blockades, by hostile tariffs, by all the means through + which national <a name="pg29" id="pg29"></a> predominance + can make itself felt. All reference to superior power is, + in controversies between citizens, hateful to every man + endowed with a sense of humanity or of justice. But in + serious discussions facts must be faced, and if, for the + sake of argument, I contrast, much against my will, the + power of Great Britain with the weakness of Ireland, let + it be remembered that the conception of a rivalry or + conflict is forced upon Unionists by the mere proposal of + Home Rule. As long as we remain a United Kingdom, there + is no more need to think even of hypothetical or + argumentative opposition between the resources or + interest of England and of Ireland than there is to + consider what in case of a contest may be the relative + force of London and of the Orkneys. + </p> + <p> + What, then, the new constitution secures is not the + power, but the legal right to abolish the new + constitution. It is a right to carry through a + fundamental change by lawful means. The Bill legalises + revolution. This is well, for it is desirable that in a + civilised <a name="pg30" id="pg30"></a> State every + change of institutions should be effected by + constitutional methods. But should the circumstances ever + arise under which Great Britain is resolved, in spite of + the wishes of the Irish people or a large portion + thereof, to abolish Home Rule and exercise the right of + reserved sovereignty, there is no reason to expect that + Irishmen who oppose British policy will admit that her + use of sovereign power is morally justifiable. By force, + or the threat of force, the controversy will, we must + expect, in the last instance, be decided. However this + may be, we must now realise what the supremacy of + Parliament, at any rate to the Irish leaders who accept + it, really means. It means nothing but the right of the + Imperial Parliament of its own authority to repeal the + Home Rule Bill and destroy the new constitution. The + right may be worth having. But it is not the right to + govern Ireland or to control the Irish Government; it is + not a means of government at all: it is a method of + constitutional revolution, or reaction. + </p> + <div> + <a name="toc_27" id="toc_27"></a> + </div> + <p> + Some critic will object that this supremacy of Parliament + means to him a good deal more than the mere right to + abolish the constitution. So be it. Let the objector then + tell us in precise language what it does mean. If his + reply is that the term is ambiguous, that its meaning + must be construed in accordance with events, and may, + according to circumstances, be restricted or extended, + then he suggests that Parliamentary supremacy is not only + an empty right, but an urgent peril. Nothing can be more + dangerous than <a name="pg31" id="pg31"></a> a compact + between England and Ireland which the contracting parties + construe from the very beginning in different senses. If + by asserting the supreme authority of Parliament English + statesmen mean that Parliament reserves the right to + supervise and control the government of Ireland, whilst + Irishmen understand that Parliament retains nothing more + than such a kind of supremacy or sovereignty as it + asserts, rather than exercises, in New Zealand, then we + are entering into a doubtful contract which lays the sure + basis of a quarrel. We are deliberately preparing the + ground for disappointment, for imputations of bad faith, + for recriminations, for bitter animosity, it may be for + civil war. If there be, as is certainly the case, a fair + doubt as to what is meant by the supremacy of Parliament, + let the doubt be cleared up. This is required by the + dictates both of expediency and of honour. Meanwhile we + may assume that the supremacy of Parliament, or the + 'supreme authority of Parliament,' means in substance the + kind of sovereignty which Parliament exercises, or claims + to exercise, in every part of the British Empire. + </p> + <p> + For the maintenance of such supremacy, be it valuable or + be it worthless, Great Britain pays a heavy price. For + the sake of 'an outward and visible sign of Imperial + supremacy' we retain eighty Irish members in the Imperial + Parliament.<a href="#note_35"><span class= + "footnoteref">35</span></a> + </p> + </div><a name="pg32" id="pg32"></a> + <div> + <a name="toc_28" id="toc_28"></a> + <h3> + B. <span class="hi" style="font-style: italic;">The + Retention of the Irish Members in the Imperial + Parliament</span> + </h3> + <p> + This is now<a href="#note_36"><span class= + "footnoteref">36</span></a> an essential, or at least a + most important part of the ministerial policy for + Ireland, yet it is <a name="pg33" id="pg33"></a> a + proposal which even its advocates must find difficult of + defence. In 1886 every Gladstonian leader told us that it + was desirable, politic, and just to exclude Irish members + from the Parliament at Westminster; this exclusion was + pressed upon England (plausibly enough) as a main + advantage to be derived from the concession of Home Rule + to Ireland. In 1893 every Gladstonian leader tells us + that it is desirable, politic, and just to retain the + Irish members at Westminster, and their presence is, for + some reason not easy to explain, treated as removing + every objection to the concession of Home Rule to + Ireland. This astounding variation of opinion in the + doctors of the State savours of empiricism, not to say + quackery. A surgeon who tells a patient that he will not + live unless his leg is amputated may be right, and may be + worthy of trust; another surgeon who asserts that + amputation is unnecessary may be right, and worthy of + trust. But the surgeon who one moment insists that + amputation is necessary to the preservation of his + patient's life, and the next moment that it is + unnecessary and may be fatal, is not the kind of adviser + who inspires confidence in his wisdom. + </p> + <div> + <a name="toc_29" id="toc_29"></a> + </div> + <p> + Let the ingenuity of Gladstonians reconcile, as best it + can, the doctrine of 1886 with the doctrine of 1893. To a + man of sense who weighs the matter without reference to + considerations of party, one thing will soon become + apparent: the retention at Westminster of eighty, or + indeed of any Irish members at all, means under a scheme + of Home Rule the ruin of Ireland and the weakness of + England. + </p><a name="pg34" id="pg34"></a> + <div> + <a name="toc_30" id="toc_30"></a> + </div> + <p> + As to Ireland.—The presence of Irish members at + Westminster robs Ireland of the one advantage which Home + Rule might by any possibility confer upon that country. + </p> + <p> + Any man in order to see that this is so has only to + consider, first, what may under favourable circumstances + be the benefit of Home Rule to Ireland, and next what is + the natural result of summoning Irish members to the + Parliament at Westminster. + </p> + <p> + The best conceivable result of Home Rule is that it may + detach Irishmen from interest in English politics, and + induce the most respected and respectable men in Ireland + to take matters into their own hands and manage for + themselves all strictly Irish affairs. For the last + twenty years, at least, Ireland has been represented, or + misrepresented, by eighty and more politicians, nominated + in the main by Mr. Parnell. No one supposes for a moment + that the Nationalist leaders who appeared before and were + condemned by the Special Commission are fair samples of + the Irish people. They are, take them at their best, + reckless agitators. They were chosen by their patron, Mr. + Parnell, not on account of their worth or talent, but + because they were apt instruments for carrying out a + policy of parliamentary intrigue, reinforced by a system + of lawless oppression.<a href="#note_37"><span class= + "footnoteref">37</span></a> These men are the product of + a revolutionary era; they no more represent the virtues + and the genius of the Irish people than the demagogues or + fanatics of the Jacobin Club represented the genius and + the virtues of the French <a name="pg35" id="pg35"></a> + nation. We all know that Ireland abounds in citizens of a + very different stamp. She has never lacked among her + sons, and does not lack now, men of virtue, of vigour, + and of genius. Throughout the length and breadth of the + country you will find hundreds of men of + merit—landlords whose lives have been honourable to + themselves, and a blessing to their tenants; merchants as + honest and successful as any in England or in Scotland; + small landowners and tenant farmers who have paid their + rent and paid their way, who have cultivated their land, + who have never insulted or boycotted their neighbours, + and have never been driven by intimidation into meanness + and fraud. Add to these lawyers, thinkers, writers, and + scholars, who rival or excel the best representatives of + their class in other parts of the United Kingdom. These + good men and true are not peculiar to any one creed or + party; they are not confined to any one province, or to + any one class; they are scattered through every part of + the land; they are the true backbone of Ireland; they + have saved her from utter ruin; they may still by their + energy raise her to prosperity. But they have been thrust + out of politics by the talkers, the adventurers, the + conspirators. It is possible that if Home Rule compels + Irishmen to turn their whole minds to Irish affairs, the + so-called representatives who misrepresent their country + may be dismissed from the world of politics, and the + Parliament at Dublin be filled with members who, whether + they come from the North or from the South, whether + Unionists or Home Rulers, whether Roman Catholics + <a name="pg36" id="pg36"></a> or Protestants, whether + landowners, tenant farmers, ministers of religion, + merchants, or tradesmen, represent the real worth and + strength of the country. If this should happen, Home Rule + would still entail great evils on the whole United + Kingdom. But even zealous Unionists might hope that for + these evils Ireland at least will obtain some + compensation. This hope, if the Irish members are + retained at Westminster, will never be fulfilled. + </p> + <p> + For even the occasional presence<a href= + "#note_38"><span class= + "footnoteref">38</span></a>—which will in practice + be the frequent presence—of the Irish members at + Westminster destroys every hope that Ireland will be + governed by her best citizens. The reasons why this is so + are various; some of them may be shortly stated. The + system, in the first place, of double representation, + under which members of the Irish Parliament must flit to + and fro between Ireland and England, and debate one day + about Irish matters in Dublin, and the next about + Imperial, or in truth British, matters in England, makes + it impossible for quiet hard-working Irishmen, who carry + on the real business of Ireland, to take part in + politics. The political centre of interest, in the second + place, will after, as before, the passing of the Home + Rule Bill, be placed in London and not in Dublin. The + humdrum local business which under a system of Home Rule + ought to be discussed in the Irish Parliament, may + vitally concern the prosperity of every inhabitant of + Ireland, but it will not in general lend itself to + oratory, <a name="pg37" id="pg37"></a> or arouse popular + excitement. The questions, on the other hand, to be + discussed in the Imperial Parliament at Westminster, as, + for example, whether Mr. Gladstone or Lord Salisbury + shall be head of the British Cabinet, whether the royal + veto on Irish legislation shall be exercised on the + advice of the English or of the Irish Ministry, are + matters which do not in reality greatly affect the + happiness of ordinary Irishmen. But they give room for + management, for diplomacy, for rhetoric, and are certain + on occasions to arouse both the interest and the passions + of the Irish people. We may take it for granted that the + character of the Irish representation at Westminster will + govern the character of the Parliament at Dublin.<a href= + "#note_39"><span class="footnoteref">39</span></a> Hence + arises a third and fatal obstacle to the active + participation in Irish public life of Irishmen who are + not professional politicians. The Home Rule Bill of 1893 + professes to restrain on every side the action of the + Irish government and Parliament. These Restrictions are + the comfort of English Gladstonians; they are thought to + be safeguards, though in reality there is nothing which + they make safe. But Restrictions which delight + Gladstonians are hateful to Irish Home Rulers. Their + watchword is, 'Ireland a nation.' To this cry <a name= + "pg38" id="pg38"></a> every Home Ruler will rally, and so + too will, if once the Union is broken up, many an ardent + loyalist, converted by anger at England's treachery into + an extreme Nationalist. Irishmen will wish for an Irish + army; they will wish for a protective policy; they will + desire that Ireland shall play a part in foreign affairs, + and will claim for her at least the independence of such + a colony as New Zealand. To all these wishes, and to many + more, some of which under a system of Home Rule are quite + reasonable, the terms of the Home Rule Bill are opposed. + Home Rulers, and probably enough the whole Irish people, + will insist that the Bill, which will then have become an + Act, must be modified. How is the modification to be + obtained? How is Home Rule to be made a reality? By one + method only: that is, by the freest use of those arts Of + intrigue and obstruction by which Home Rule will have + been gained. But for the carrying out of such a policy + the agitators and intriguers who for the last twenty + years have weakened and degraded the Imperial Parliament + are the proper agents. For this work they, and they + alone, are fit. The quiet, industrious, stay-at-home + merchants or lawyers, who might be sent to Dublin for a + month or two in the year to manage Irish business on + business-like principles, will not be sent to Westminster + to hold the balance between English parties. They cannot + leave their every-day work; were they willing to forsake + their own business, they are not the men to conduct with + success the parliamentary game of brag, obstruction, and + finesse. Keep, in short, the Irish <a name="pg39" id= + "pg39"></a> members at Westminster, and you ensure the + supremacy in Ireland of professional politicians. By a + curious fatality the Gladstonian policy which weakens + England ruins Ireland. Let no one fancy that this is the + delusion of an English Unionist. Sir Gavan Duffy is an + Irish Nationalist of a far higher type than the men who + have drawn money from the Clan-na-Gael. In '48 he was a + rebel, but if he was disloyal to England, he was always + careful of the honour and character of Ireland. He, at + least, perceives the danger to his country of retaining + Irish members in a Parliament where they had ceased to + have any proper place. 'For my own part,' he says, 'I + should not care if they did not attend [the Imperial + Parliament] for a generation, which will be needed for + the manipulation of their own affairs.' + </p> + <div> + <a name="toc_31" id="toc_31"></a> + </div> + <p> + All this, I shall be told, is prophecy; Gladstonian hopes + are as reasonable as Unionist fears. So be it. But in + this matter my predictions have a special claim on the + attention of the Ministry, they coincide with the + forecast, or the foresight, of the present<a href= + "#note_40"><span class="footnoteref">40</span></a> Chief + Secretary for Ireland. + </p> + <div class="display"> + <p> + 'Let us suppose that these Irish representatives for + Imperial purposes are not chosen by the legislative + body, but are chosen directly by Irish constituencies. + You have already, according to our plan, two sets of + constituencies. You have the 103 constituencies that + return the popular branch of the legislative body, and + you have those other constituencies up to seventy-five + which return the elective members of the other branch + <a name="pg40" id="pg40"></a> of the legislative body. + You have, therefore, got already on our plan two sets + of constituencies. Now, if you are going to send + members to Westminster for Imperial purposes to the + number of forty-five or to the number of ninety-five, + you must mark out a third set of + constituencies—you must have a third set of + elections. A system of that kind does not strike me at + least as being exactly the thing for a country of which + we are assured that before everything else its prime + want is a profound respite from political turmoil. + There are plenty of other objections from the Irish + point of view, which I am not now going to dwell upon. + Depend upon it that an Irish Legislature will not be up + to the magnitude of the enormous business that is going + to be cast upon it unless you leave all the brains that + Irish public men have got to do Irish work in Ireland. + Depend upon this, too, that if you have one set of + Irish members in London it is a moral certainty that + disturbing rivalries, disturbing intrigues would spring + up, and that the natural and wholesome play of forces + and parties and leaders in the Irish Assembly would be + complicated and confused and thrown out of gear by the + separate representatives of the country. All this is + bad enough.'<a href="#note_41"><span class= + "footnoteref">41</span></a> + </p> + </div> + <p> + These are the words of my friend Mr. Morley.<a href= + "#note_42"><span class="footnoteref">42</span></a> They + were spoken at Newcastle on April 21, 1886. He was then, + as now, responsible for the government of Ireland. + Nothing can add to their gravity; nothing can add to + their force; they were true in 1886, they remain as true + to-day as they were seven years ago.<a href= + "#note_43"><span class="footnoteref">43</span></a> + </p><a name="pg41" id="pg41"></a> + <div> + <a name="toc_32" id="toc_32"></a> + </div> + <p> + As to England.—The presence of the Irish members at + Westminster is on the face of it a gross and patent + injustice to Great Britain. It is absurd, it is + monstrous, that while the Irish Parliament and the Irish + Parliament alone settle whether Mr. Healy, Mr. M'Carthy, + Mr. Redmond, or Mr. Davitt is to be head of the Irish + government, and England, though vitally interested in the + character of the Irish Executive, is not to say a word in + the matter, eighty Irishmen are to help in determining, + and are often actually to determine, whether Lord + Salisbury or Mr. Gladstone, Mr. Balfour or Mr. + Chamberlain, is to be Prime Minister and direct the + policy of England. Here again I can rely on the + invaluable aid of Mr. Morley. He has denounced the effect + on England of retaining Irish members at Westminster with + a strength of language and a weight of authority to which + it is impossible for me to make any pretension. + </p> + <div> + <a name="toc_33" id="toc_33"></a> + </div> + <div class="display"> + <p> + 'But there is a word to be said about the effect on our + own Parliament, and I think the effect of such an + arrangement—and I cannot help thinking so till I + hear of better arrangements—upon our own + Parliament would be worse still. It is very easy to + talk about reducing the number of the Irish members; + perhaps it would not be so easy to do. It is very easy + to talk about letting them take part in some questions + and not in others, but it will be very difficult when + you come to draw the line in theory between the + questions in which they shall take a part and those in + which they shall not take a part. But I do not care + what precautions you take; I do not care where you draw + the line in theory; but you <a name="pg42" id= + "pg42"></a> may depend upon it—I + predict—that there is no power on the earth that + can prevent the Irish members in such circumstances + from being in the future Parliament what they were in + the past, and what to some extent they are in the + present, the arbiters and the masters of English + policy, of English legislative business, and of the + rise and fall of British Administrations. You will have + weakened by the withdrawal of able men the Legislature + of Dublin, and you will have demoralized the + Legislature at Westminster. We know very well what that + demoralisation means, for I beg you to mark attentively + the use to which the Irish members would inevitably put + their votes—inevitably and naturally. Those who + make most of the retention of the Irish members at + Westminster are also those who make most of there being + what they call a real and effective and a freely and + constantly exercised veto at Westminster upon the + doings at Dublin. You see the position. A legislative + body in Dublin passes a Bill. The idea is that that + Bill is to lie upon the table of the two Houses of + Parliament in London for forty days—forty days in + the wilderness. What does that mean? It means this, + that every question that had been fought out in Ireland + would be fought out over again by the Irish members in + our Parliament. It means that the House of Lords here + would throw out pretty nearly every Bill that was + passed at Dublin. What would be the result of that? You + would have the present block of our business. You would + have all the present irritation and exasperation. + English work would not be done; Irish feeling would not + be conciliated, but would be exasperated. The whole + efforts of the Irish members would be devoted to + throwing their weight—I do not blame them for + this—first to one party and then to another until + they had compelled the removal of these provoking + <a name="pg43" id="pg43"></a> barriers, restrictions, + and limitations which ought never to have been set up. + I cannot think, for my part I cannot see, how an + arrangement of that sort promises well either for the + condition of Ireland or for our Parliament. If anybody, + in my opinion, were to move an amendment to our Bill in + the House of Commons in such a direction as this, with + all these consequences foreseen, I do not believe such + an amendment would find twenty supporters.'<a href= + "#note_44"><span class="footnoteref">44</span></a> + </p> + </div> + <div> + <a name="toc_34" id="toc_34"></a> + </div> + <p> + This was the opinion of Mr. John Morley in 1886. A word + in it here or there is inapplicable to the details of the + present Bill; but in principle every syllable cited by me + from his Newcastle address forms part of the Unionist + argument against summoning as much as a single Irish + member to Westminster. His language is admirable, it + cannot be improved. All that any one who agrees with Mr. + Morley can do in order to force his argument home is to + point out in a summary manner the ways in which the Irish + delegation at Westminster will enfeeble the Imperial + Government. + </p> + <div> + <a name="toc_35" id="toc_35"></a> + </div> + <p> + <span class="hi" style= + "font-style: italic;">First</span>. The Irish members, or + rather the Irish delegation, will have a voice and often + a decisive voice in determining who are the men that + shall <a name="pg44" id="pg44"></a> constitute the + English Cabinet; on the Irish vote will depend whether + Conservatives, Liberals, Radicals, or Socialists shall + administer the government of England. It is vain to tell + us Irish members will be restrained, whether by law or + custom, from voting on British affairs when they will + vote on the most important of all British affairs, the + composition and the character of the body which is to + govern England. + </p> + <p> + That the Irish members will thus vote on a matter of + special and vital importance to England is admitted. But + things stand far worse than this. The vote of the Irish + delegation will and must be swayed by an interest adverse + to the welfare of Great Britain; for the interest of + Great Britain, or, to use ordinary language of England, + is that the English Government should be strong, and + should represent the majority of the English or British + electors. The direct interest of the Irish delegation is + that the English Government should be weak, and represent + the minority of English electors. That this is so is + obvious. The weaker the British Government, the greater + the weight of the Irish representatives. But if the + English Cabinet represents a minority of the British + people, and are kept in office only by the votes of their + Irish allies, then the influence of the Irish + representatives and the weakness of the English + Government will have reached its extreme point. The + effect therefore of the arrangement which brings Irish + members to Westminster is to place the administration of + English affairs in the hands of the party, whichever it + be, that does not represent <a name="pg45" id="pg45"></a> + the wishes of the English people. This master stroke of + Gladstonian astuteness ensures that Radicals shall be in + office when the opinion of England is Conservative, and + that Conservatives shall be in power when English opinion + tends towards Radicalism. + </p> + <p> + <span class="hi" style= + "font-style: italic;">Secondly</span>. The retention of + the Irish members breaks up our whole system of Cabinet + government. This system has some inherent defects, but it + cannot work at all with any benefit to the country unless + the Cabinet can depend on the support of a permanent + majority. The result of what has happily been described + as the 'in-and-out plan,' that is the scheme for allowing + Irish members to vote on some subjects and not on others, + will be the constitution of two majorities, and it is + more than possible that the one majority may belong to + one party and the other majority to another. Look at the + effect on the transaction of public affairs. The Irish + members and the English Liberals combined may put in + office a Liberal Cabinet. On English matters, + <span class="hi" style="font-style: italic;">e.g.</span> + the question of Disestablishment, or of Home Rule for + Wales, the British majority consisting of British members + of Parliament only may constantly defeat the Gladstonian + Cabinet, and thus force into office a Conservative + Cabinet which could command a majority on all subjects of + purely British interest, but would always be in a + minority on all matters of Imperial policy, <span class= + "hi" style="font-style: italic;">e.g.</span> on the + conduct of foreign affairs. Which Cabinet would have a + right to retain power? The sole answer is—neither. + The proposed <a name="pg46" id="pg46"></a> plan, in + short, undermines our whole scheme of government. + </p> + <p> + <span class="hi" style= + "font-style: italic;">Thirdly</span>. The Irish members + who are now simply Irish members of the Imperial + Parliament will be transformed into a very different + thing—an Irish delegation. The importance of this + change cannot be over-rated. The essential merit of our + present system of government is that the Executive, no + less than the Parliament of the United Kingdom, + represents the country as a whole. Our Premier may be a + Scotsman, but we know of no such thing as a Scottish + Premier. Englishmen may form the majority of the Cabinet, + but we have never had an English Cabinet as contrasted + with a Scottish or an Irish Cabinet. It has never been + contended, hardly has it been hinted, that a Ministry + ought to be made up of members taken in certain + proportions from each division of the kingdom. But from + the moment that sectional representation, and with it + open advocacy of sectional interests, is introduced into + the House of Commons, there will arise the necessity for + the formation of sectional Cabinets. + </p> + <p> + The demand will be made, and the demand will be granted, + that in the administration no less than in the House + there shall be a system of representation; that England, + that Scotland, that Ireland shall each have their due + share in the Ministry. But this state of things must be + fatal both to the capacity and to the fairness of the + government. The talent of the Cabinet will be diminished, + because the Prime Minister will no longer be able to + choose as colleagues the <a name="pg47" id="pg47"></a> + ablest among his supporters without reference to the now + irrelevant question whether they represent English, + Scottish, or Irish constituencies. The character of the + Executive will be lowered because the Cabinet itself will + represent rival interests. It may seem that I am + advocating the special claims of England. This is not so. + I am arguing on behalf of the efficiency of the + government of the United Kingdom. My argument is one to + which Scotsmen and Irishmen should give special heed. If + once we have cabinets and parties based upon sectional + divisions, if we have English ministries and English + parties as opposed to Scottish ministries or Irish + ministries, and Scottish parties and Irish parties, it is + not in the long run the most powerful and wealthy portion + of what is now the United Kingdom which will suffer. It + is hardly the interest of Scotsmen or Irishmen to pursue + a policy which suggests the odious but inevitable cry + 'England for Englishmen.' + </p> + <p> + <span class="hi" style= + "font-style: italic;">Fourthly</span>, as long as Irish + members remain at Westminster the English Parliament will + never be freed from debates about Irish affairs. + </p> + <p> + This is a point there is no need to labour. Unless (what + no honest man can openly propose) the 80 or 103 members + from Ireland are to be taken from one Irish party only, + they must represent different interests and different + opinions. Some few at least will represent the wishes, + the complaints, or the wrongs of Ulster. But if this be + so, it is certain that the controversies which divide + Ireland will make themselves heard at Westminster. Can + any sane <a name="pg48" id="pg48"></a> man fancy that if + the Dublin Parliament passes an Act for the maintenance + of order at Belfast, if the people of Belfast are + suspected of intending to resist the Irish government, if + Irish landlords, rightly or not, fear unfair treatment at + the hands of the Irish Ministry or the Irish Parliament, + none of these things will be heard of at Westminster? The + supposition is incredible. Let Irish members sit at + Westminster and Irish affairs will be debated at + Westminster, and will often be debated when, under a + system of Home Rule, it were much better they should be + passed over in silence. Admit, what is not certain, that + Home Rule in Ireland will occasionally withdraw a few + Irish questions from discussion in England, it must be + remembered that a new crop of Irish questions will arise. + The federal character of the new constitution must + produce in one form or another disputes and discussions + as to the limits which bound the respective authority of + the Imperial and of the Irish Governments. The Imperial + Parliament will, for the first time, be harassed by the + question of State rights. Add to this that at every great + political crisis the House of Commons will have before it + an inquiry which must produce interminable debates, + namely whether a given bill is or is not a measure which + concerns only the interest of Great Britain. + </p> + <p> + Two inducements are offered to England for the adoption + of a plan the evils whereof were so patent in 1886 that + it then could not, if we are to believe <a name="pg49" + id="pg49"></a> Mr. Morley,<a href="#note_45"><span class= + "footnoteref">45</span></a> have commanded twenty + supporters in the House of Commons. + </p> + <p> + The first inducement is that the presence of eighty Irish + members at Westminster is an outward and visible sign of + the supremacy of the Imperial Parliament.<a href= + "#note_46"><span class="footnoteref">46</span></a> On + this point it is needless to say much; few Englishmen + will on consideration think it worth while to dislocate + all our system of government in order that the British + Parliament may retain in Ireland the kind of sovereignty + which it retains in New Zealand. We are rightly proud of + our connection with our colonies, but no one would + seriously propose to retain nominal sovereignty in Canada + at the price of a perilous and injurious change in the + constitution of England. + </p> + <p> + The second inducement is that Great Britain will be + allowed the exclusive management of British affairs. + </p> + <p> + This sort of spurious Home Rule for England turns out + however to be as illusory a blessing as the maintenance + of parliamentary supremacy. + </p> + <p> + Great Britain is, under the new constitution, not allowed + to appoint the British Cabinet. Great Britain is + forbidden to determine for herself any matter of + legislation or administration which, however deeply it + concerns British interests, trenches in the least degree + on any Irish or Imperial interest. Any matter of finance, + which comes within the wide head of Imperial liabilities, + expenditure, and miscellaneous <a name="pg50" id= + "pg50"></a> revenue,<a href="#note_47"><span class= + "footnoteref">47</span></a> falls within the competence + of the Irish members. Questions of peace or war, our + foreign relations, every diplomatic transaction, is a + matter on which the Irish delegation may pronounce a + decision. The conjecture is at least plausible<a href= + "#note_48"><span class="footnoteref">48</span></a> that + Irish members will have a right to discuss and vote upon + any subject debated in the Parliament at Westminster + which involves the fate of a British Cabinet. Let it be + granted that, if the provisions of the Home Rule Bill be + observed, no Irish representative can vote 'on any Bill, + or motion in relation thereto, the operation of which + Bill or motion is confined to Great Britain.'<a href= + "#note_49"><span class="footnoteref">49</span></a> But + then when is the operation of a Bill confined to Great + Britain, or, to use popular language, what is a British + Bill? This is an inquiry in the decision whereof the + Irish members will take part. The Irish members, + therefore, at Westminster will be judges of their own + rights, and in the only cases in which it is of practical + importance to Great Britain that the Irish + representatives should not vote, will be able with the + aid of a British minority to fix the limits of their own + jurisdiction.<a href="#note_50"><span class= + "footnoteref">50</span></a> Let the Irish <a name="pg51" + id="pg51"></a> members and a British minority boldly vote + that the operation of a Bill, say for the + Disestablishment of the English Church, is not confined + to Great Britain, and they can boldly vote that the Bill + do pass, and no Court in Great Britain or the British + Empire can question the validity of a law enacted in open + defiance of the spirit or even the words of the + Constitution.<a href="#note_51"><span class= + "footnoteref">51</span></a> The right of British members + to the management of even exclusively British affairs + will depend not upon the law of the land, but upon the + moderation and sense of equity which may restrain the + unfairness of partisanship. + </p> + <p> + For a parliamentary minority will, if only it throw + scruples to the winds, be constantly able to transform + itself into a majority by the unconstitutional admission + of the Irish vote. This is not a power which any party, + be it Conservative or Radical, English, Scottish, or + Irish, ought to possess. Partisanship knows nothing of + moderation. And the reason of this blindness to the + claims of justice is that the spirit of party combines + within itself some of the best and some of the worst of + human passions. It often unites the self-sacrificing + zealotry of religious fanaticism with the recklessness of + the gambling table. Let an <a name="pg52" id="pg52"></a> + assailant of the Contagious Diseases Act, a fanatic for + temperance, a protectionist who believes that free trade + is the ruin of the country, an anti-vivisectionist who + holds that any painful experiment on live animals is the + most heinous of sins; let any man who has come to believe + that his own credit, no less than the salvation of the + country, depends on the success of a particular party, + know that the triumph of his cause depends upon his + voting that a particular measure operates beyond Great + Britain, and we know well enough in which way he will + vote. He will vote what he knows to be untrue rather than + sacrifice a cause which he believes to be sacred. He will + think himself both a fool and a traitor if he sacrifices + the victory which is within his grasp to the maintenance + of technical legality, or rather to respect for a rule of + constitutional procedure. + </p> + <p> + Suppose, however, that I have underrated the equity of + human nature, and that no faction in the House of Commons + ever attempts to violate the spirit of the Constitution. + The supposition is bold, not to say absurd; but even if + its reasonableness be granted, this does not suffice for + the protection of England's rights. The question whether + a given Bill does or does not operate exclusively in + Great Britain may often give rise to fair dispute, and + (what should be noted) this dispute will always be + decided against Great Britain in the only instances in + which its decision is to Great Britain of any importance + whatever. An example best shows my meaning. Let a Bill be + brought forward for establishing Home <a name="pg53" id= + "pg53"></a> Rule in Wales. Is the operation of the Bill + confined to Great Britain? An English member, unless he + is a Home Ruler, will answer with an undoubted + affirmative. An English, or Irish, or Welsh Home Ruler + will with equal certainty, and equal honesty, give a + negative answer. The question admits of fair debate, but + we know already how the debate will be decided. If the + Unionists constitute a majority of the House, the Irish + vote will be excluded. But in this case its exclusion is + of no practical importance. If the Unionists constitute + indeed a majority of British representatives, but do not + constitute a majority of the House, the Irish vote will + be included. The Irish representatives will decide + whether Wales shall constitute a separate State, and the + right of Great Britain to manage British affairs will not + prevent the dismemberment of England. Home Rule, such as + it is for England, means at best a totally different + thing from Home Rule for Ireland. In the case of England + it means a limited and precarious control of legislation + for Great Britain by British members of Parliament. In + the case of Ireland it means the real and substantial and + exclusive government of Ireland by an Irish Ministry and + an Irish Parliament. + </p> + <p> + But will the advantage of even this modified + half-and-half Home Rule be really offered to England? + </p> + <p> + Gladstonians, it is rumoured (and before these pages are + in print the rumour may turn out to be a fact), have + their own remedy for some of the only too-patent + absurdities of the 'in-and-out system' embodied in clause + 9 of the Home Rule Bill. A <a name="pg54" id="pg54"></a> + suggestion is made which would be amusing for its irony, + were it not revolting for its cynicism, that the + difficulty of the double majority should be removed by + the allowing members not only to remain at Westminster in + their full number, but also to vote there on all matters + whatever, including those affairs which exclusively + concern the interests of Great Britain. This is no doubt + a remedy for some of the evils of an unworkable proposal. + It is a cure which to any Englishman of sense or spirit + will seem tenfold worse than the disease. It is a cure in + that sense only in which a traveller may be said to be + relieved from the fear of robbery by a highwayman + shooting him dead. The irregular interference of the + Irish delegation in the formation of the British Cabinet, + and other matters which indirectly concern England, is to + be regularised (if I may use the term) by allowing to + Irish members permanent despotism over England in matters + which, on a system of Home Rule, concern England alone. + Irish members may disestablish the Church of England, + though England is to have no voice in the pettiest of + Irish affairs. Irish members are to be allowed to impose + taxes on England, say to double the income tax, though of + these taxes no inhabitant of Ireland will pay a penny; + the Irish delegation—and this is the worst + grievance of all—is to be enabled, in combination + with a British minority, to detach Wales from England, or + to vote Home Rule for Scotland, or to federalise still + further the United Kingdom by voting that Man, Jersey, + and Guernsey shall send members <a name="pg55" id= + "pg55"></a> to the Imperial Parliament. Note that all + this may be done by the Irish delegation, though, under + the new Constitution, England will not have a word to say + on such questions as whether the right of electing + members for the Parliament at Dublin shall or shall not + be extended to every adult, or whether Ulster shall, or + shall not, be allowed Home Rule of its own. The absurdity + of this policy ought to prevent its ever being adopted; + but in these days absurdity seems to tell as little + against wild schemes of legislation as their injustice. + </p> + <p> + All this consideration of haggling and trafficking + between Great Britain and Ireland is loathsome to every + true Unionist who considers Englishmen and Irishmen as + still citizens of one nation. But, when Gladstonians + propose to divide the United Kingdom into two States, it + is as essential as it is painful to weigh well what is + the gain of Great Britain in the new scheme of political + partnership. If the matter be looked at from this point + of view, it is easy to see how miserable are the offers + tendered to England. Compare for a moment the authority + to be given her under the new constitution with the + authority she has hitherto possessed or the authority + tendered to her under the Home Rule Bill of 1886. + </p> + <p> + Up to 1782 the British Parliament held in its own hands + the absolute control not only of every British affair, + but every matter of policy affecting either Ireland or + the British Empire. The British Parliament, in which sat + not a single representative of any Irish county or + borough, appointed the Irish Executive. <a name="pg56" + id="pg56"></a> The British Parliament, whenever it + thought fit, legislated for Ireland; the British + Parliament controlled the whole course of Irish + legislation; every Act which passed the Parliament of + Ireland was inspected, amended, and, if the English + Ministry saw fit, vetoed in England. The system was a bad + system and an unjust system. It is well that it ended. + But as regarded the control of the British Empire it + corresponded roughly with facts. The Empire was in the + main the outcome of British energy and British strength, + and the British Empire was governed by Great Britain. + </p> + <p> + The constitution of 1782 gave legislative independence to + Ireland, but did not degrade the British Parliament to + the position which will be occupied by the Imperial + Parliament under the constitution of 1893. The British + Parliament remained supreme in Great Britain; the British + Parliament controlled the Imperial policy both of England + and of Ireland. The British Parliament, or rather the + British Ministry, virtually appointed the Irish + Executive. The British Parliament renounced all rights to + legislate for Ireland<a href="#note_52"><span class= + "footnoteref">52</span></a>; the British Parliament + technically possessed no representatives in the + Parliament at Dublin. But any one who judges of + institutions not by words but by facts will perceive that + in one way or another the influence and the wishes of the + British Government were represented more than + sufficiently in the Irish Houses of Parliament. Grattan's + constitution, in short, left the British Parliament + absolutely supreme <a name="pg57" id="pg57"></a> in all + British and Imperial affairs, and gave to the British + Ministry predominating weight in the government of + Ireland. This is a very different thing from the shadowy + sovereignty which the English Parliament retains, but + abstains from exercising, in our self-governing colonies. + It is a very different thing from the nominal power to + legislate for Ireland which the new constitution confers + upon the Imperial Parliament. + </p> + <p> + Since the Union England and Ireland have been politically + one nation. The Imperial or British Government has + controlled, and the Imperial Parliament has passed laws + for, the whole country. Nor has the presence of the Irish + members till recent days substantially limited the + authority of Great Britain. Till 1829 the Protestant + landlords of Ireland who were represented in the Imperial + Parliament shared the principles or the prejudices of + English landowners. Since the granting of Catholic + emancipation Roman Catholic or Irish ideas or interests + have undoubtedly perplexed or encumbered the working of + British politics. But the representatives of Ireland have + been for the most part divided between the two great + English parties, and it was not till Mr. Parnell's + influence united the majority of Irish representatives + into a party hostile to Great Britain that any essential + evil or inconvenience resulted from their presence at + Westminster. This inconvenience, whatever its extent, has + been the price of the Union. The gain has been worth the + payment: the action of Parliament has been hampered, but + its essential <a name="pg58" id="pg58"></a> and effective + authority throughout the realm has been maintained. + </p> + <p> + In 1886 Mr. Gladstone framed a constitution which was + meant to be a final and a just settlement of the + questions at issue between England and Ireland. Under the + constitution of 1886 Great Britain surrendered to Ireland + about the same amount of independence as is offered her + under the proposed constitution of 1893. But the + difference in the position of Great Britain under the two + constitutions is immense. + </p> + <p> + Under the constitution of 1886 Great Britain was offered + a position of the highest authority. + </p> + <p> + To the British Parliament (in which was to sit not a + single Irish member) was to fall the appointment of the + British or Imperial Ministry. The British Parliament + received absolute control of all British, colonial, + Imperial, and foreign affairs. Perfect unity was restored + to the spirit of her government, and predominance in the + British, or, to use ordinary language, in the English, + Parliament was given to the conservative elements of + English society. Great Britain became mistress in her own + home; she became much more than this; she was enthroned + as undisputed sovereign of the British Empire.<a href= + "#note_53"><span class="footnoteref">53</span></a> + </p><a name="pg59" id="pg59"></a> + <p> + Under the constitution, in short, of 1886, if Great + Britain was weakened on one side she was strengthened on + another. Her Parliament obtained an immense accession of + authority, and was all but entirely freed both from the + necessity for considering Irish questions and from the + damage of Irish obstruction. Ireland surrendered to + England all share in the government of the Empire, and + the further dismemberment of Great Britain without the + assent of the British people became difficult, if not + impossible. It does not lie in the mouth of Gladstonians + to say that the measure of 1886 was unjust. It was laid + before the country as a compromise which was just to + England and to Ireland. The Irish leaders, we were told, + accepted the proposal, just as we are told that they + accept the proposed constitution of 1893. If the + acceptance was honest, <a name="pg60" id="pg60"></a> then + in 1886 they agreed to a bargain far more favourable to + England than the contract now pressed on our acceptance. + If their acquiescence was a mere pretence, what trust can + we place in the assertion that they accept the + arrangement of 1893? + </p> + <p> + However this may be, it is clear that England is now + offered a position of weakness and of inferiority such as + she has never occupied during the whole course of her + history. What is the meaning or justification of the + proposed surrender by England of every compensation for + Irish Home Rule which was offered her in 1886? + </p> + <p> + For this surrender Gladstonians assign but two reasons. + </p> + <p> + The presence of the Irish members at Westminster is, it + is said, a concession to the wishes of Unionists. + </p> + <p> + This plea, even were it supported by the facts of the + case, would be futile. It might pass muster with + disputants in search of a verbal triumph, but to any man + seriously concerned for the welfare of the nation must + appear childishly irrelevant. The welfare of the State + cannot turn upon the neatness of a <span class="hi" + style="font-style: italic;">tu quoque</span>; retorts are + not reasons, and had every Unionist, down from the Duke + of Devonshire to the present writer, pressed in 1886 for + the retention of the Irish members at Westminster, the + controversial inexpertness of the Unionists seven years + ago would not diminish the dangers with which, under a + system of Home Rule, the presence of the Irish members at + Westminster actually threatens England. But the plea, + futile as it is, is not supported by fact. <a name="pg61" + id="pg61"></a> It rests on a misrepresentation of the + Unionist position in 1886. + </p> + <p> + 'The case in truth stands thus:—Mr. Gladstone was + [in 1886] placed in effect in this dilemma: "If you do + not," said his opponents, "retain the Irish + representatives at Westminster, the sovereignty of the + British Parliament will be, under the terms of your Bill, + no more than a name; if you do retain them, Great Britain + will lose the only material advantage offered her in + exchange for the local independence of Ireland." + Gladstonians, in substance, replied that the devices + embodied in the Government of Ireland Bill at once freed + the British Parliament from the presence of the + Parnellites and safeguarded the sovereignty of the + British, or (for in this matter there was some confusion) + of the Imperial Parliament. On the latter point issue was + joined. The other horn of the dilemma fell out of sight, + and some Unionists, rightly believing that the Bill as it + stood did not preserve the supremacy of the British + Parliament, pressed the Ministry hard with all the + difficulties involved in the removal of the Irish + members. In the heat of debate speeches were, I doubt + not, delivered in which the argument that you could not, + as the Bill stood, remove the Irish members from + Westminster and keep the British Parliament supreme in + Ireland, was driven so far as to sound like an argument + in favour of, at all costs, allowing members from Ireland + to sit in the English Parliament. Those who appeared to + fall into this error were, it must be noted, but a + fraction of the Unionist Party, and their mistake was + little more than verbal. When the Ministry maintained + that the removal of the Irish members from Westminster + was a main feature of their Home Rule policy, opponents + naturally insisted upon the <a name="pg62" id="pg62"></a> + defects of the scheme laid before them, and did not + insist on the equal or greater defects of a plan which + the Government did not advocate. Mr. Gladstone, we are + now told, has changed his position, and assents to the + principle that Ireland must be represented in the British + Parliament. If this assent be represented as a concession + to the demands of Unionists, my reply is that it is no + such thing. It is merely the acceptance of a different + horn of an argumentative dilemma. Grant for the sake of + argument (what is by no means certain) that the supremacy + of the Imperial Parliament is really saved. The advantage + offered to England in exchange for Home Rule is assuredly + gone. My friend, Mr. John Morley, used to argue in favour + of Home Rule from the necessity of freeing the English + Parliament from Parnellite obstruction. As a matter of + curiosity, I should like to know what he thinks of a + concession which strikes his strongest argumentative + weapon out of his hands. My curiosity will be satisfied + on the same day which tells us Lord Spencer's reflections + on the surrender of the policy represented by the Land + Purchase Bill. Meanwhile, I know well enough the thoughts + of every Unionist who is not tied by the exigencies of + his political antecedents or utterances. To say that in + the eyes of such a man the proposed concession is + worthless, is to say far too little. It is not a + concession which he rates at a low price; it is a + proposal which he heart and soul condemns.'<a href= + "#note_54"><span class="footnoteref">54</span></a> + </p> + <p> + These words were not written to meet the present + condition of the controversy; they were published in 1887 + at a time when no Gladstonian, except Mr. Gladstone (if + indeed he were an exception), knew <a name="pg63" id= + "pg63"></a> whether the retention in the Parliament at + Westminster, or the exclusion from the Parliament at + Westminster, of the Irish members, was an essential + principle of Home Rule. + </p> + <p> + England again, it is alleged, suffers without murmuring + all the inconvenience caused by the Irish vote at + Westminster; and she may well, under a system of Home + Rule, bear without complaint evils which she has + tolerated for near a century. + </p> + <p> + The answer to this reasoning is plain. It is a sorry plea + indeed for a desperate innovation that it leaves the + evils of the existing state of things no worse than they + now are. For the sake of the maintenance of the Union, + which Unionists hold of inestimable value, England has + borne the inconvenience caused to her by the Irish vote. + It argues simplicity, or impudence, to urge that England + should continue to bear the inconvenience when the + national unity is sacrificed for the sake of which it was + endured. But the reply does not stop here. The presence + of Irish members at Westminster under the new + constitution increases and stereotypes the evils, + whatever their extent, now resulting from the existence + of 103 Irish members in the House of Commons. The evils + are increased because the Irish members are turned into a + delegation from the Irish State, and their action ceases + to be influenced, as it now is, by the + consideration—a very important one—that the + Imperial Parliament not only in theory but in fact + legislates for Ireland, and that the English Cabinet + controls the Irish administration and directs the + <a name="pg64" id="pg64"></a> course of political + promotion in Ireland. The sentiment and the interest of + the Irish members will be changed. Whether they come from + North or South they will be representatives of Ireland, + and will naturally and rightly consider themselves agents + bound in every case to make the best bargain they can for + Ireland as against the United Kingdom, or, in plain + language, as against England. They will no longer feel it + their interest to keep in power the English party which + they think will best govern Ireland, for with the + government of Ireland the Imperial Parliament will, as + long as the new constitution stands, have no practical + concern. No honest Home Ruler supposes that, if the Home + Rule Bill passes into law, the Imperial Parliament will, + even should the tragedy of the Phoenix Park be repeated + in some more terrible form, pass a Crimes Act for + Ireland; to the Irish Government will belong the + punishment of Irish crime. No interest will therefore + restrain the Irish delegation from swaying backwards and + forwards between the two English parties, in order to + obtain from the one or the other some momentary + advantage, or some lucrative concession, to the Irish + people. Intrigue will be pardonable, diplomatic finesse + will become a duty. This evil no doubt in some degree + exists, but under the present state of things it admits + of diminution. A just redistribution of the franchise + will undoubtedly lessen the number of Ireland's + representatives, whilst it will increase the relative + importance, if not the actual numbers, of loyalists in + the representation of Ireland. <a name="pg65" id= + "pg65"></a> The gradual settlement of the land question, + as Unionists believe, will further strike at the true + root of Irish discontent, and in removing the true + grievance of the Irish tenants will diminish the strength + of the party which depends for its power on the + revolutionary elements in Irish society. But all chance + of mitigating the inconvenience inflicted upon England by + the presence of the Irish members vanishes for ever when + they are changed into an Irish delegation, and are + compelled by their position to be the mere mouthpiece of + Ireland's claims against England. + </p> + <p> + The alleged reasons for the weakening of England are + untenable, and, were they tenfold stronger than they are, + could not remove the flagrant contradiction between the + Gladstonian policy of 1886 and the Gladstonian policy of + 1893. + </p> + <p> + But a contradiction which cannot be removed may be + explained. + </p> + <p> + The withdrawal of the Irish members from Westminster + might give Ireland the chance of obtaining some of the + benefits, and compensate England for some of the evils, + of Home Rule. But however this may be, one result it + would produce with certainty; it would dash the + Gladstonian party to pieces. The friends of + Disestablishment, the Welsh, or the Scottish, Home + Rulers, the London Socialists, all the revolutionists + throughout the country, know that with the departure of + the Irish representatives from Westminster their own + hopes of triumph must be indefinitely postponed. England + is the stronghold of British conservatism, and an + arrangement which <a name="pg66" id="pg66"></a> leaves + the fate of England in the hands of Englishmen may be + favourable to reform, but is fatal to revolution. Has + this fact arrested the attention of Gladstonians? I know + not. It is an unfortunate coincidence that the least + defensible portion of an indefensible policy should, + while it threatens ruin to England, offer temporary + salvation to the party who rally round Mr. + Gladstone.<a href="#note_55"><span class= + "footnoteref">55</span></a> + </p> + </div> + <div> + <a name="toc_36" id="toc_36"></a> + <h3> + C. <span class="hi" style="font-style: italic;">The + Powers of the Irish Government</span> + </h3> + <div> + <a name="toc_37" id="toc_37"></a> + <h4> + I. <span class="hi" style="font-style: italic;">The + Irish Executive</span>. + </h4> + <p> + At the head of the Irish Executive will nominally stand + the Lord Lieutenant; <a name="pg67" id="pg67"></a> he + will however in reality occupy the position of a + colonial Governor, and be, for most purposes, little + more than the ornamental figure-head of the Irish + Administration. The real executive government of + Ireland<a href="#note_56"><span class= + "footnoteref">56</span></a> must be a parliamentary + Ministry or Cabinet<a href="#note_57"><span class= + "footnoteref">57</span></a> chosen in effect, though + not in name, by the Irish Parliament, or rather by the + Irish Legislative Assembly, or House of Commons, just + as the English Cabinet <a name="pg68" id="pg68"></a> is + appointed in effect by the English House of Commons. + Allowing then for the occasional intervention of the + Lord Lieutenant as the representative of the Imperial + Parliament to protect either the interests of the + Empire or the special rights of the United + Kingdom,<a href="#note_58"><span class= + "footnoteref">58</span></a> the Irish Ministry is to + occupy in Ireland the position which the New Zealand + Ministry occupies in New Zealand, and will for most + purposes as truly govern Ireland as the New Zealand + Ministry governs New Zealand, or as Mr. Gladstone's + Ministry governs England. The Irish Ministry will be + the true Government of Ireland. + </p> + <p> + This is a fact to which the attention of the English + public ought to be sedulously directed. The creation of + an independent Irish Parliament strikes the + imagination; it is seen to be an innovation of primary + importance. The creation of an independent Irish + Cabinet or Ministry is taken as a matter of course, and + neither Unionists nor Gladstonians see its full import. + Yet in Ireland, as elsewhere, the character of the + Executive is of more practical consequence than the + character of the Legislature. A country may dispense, + for a long time, with legislation; no country can + dispense with good government. + </p> + <p> + This principle holds good even in an orderly country + such as England, where the sphere of the administration + is far less extended than it is in most States. We + might get on for a good while prosperously enough + without a Parliament, or without new laws, but if + anything deprived us even for a <a name="pg69" id= + "pg69"></a> week of an Executive, or if, for any + reason, the whole spirit of the public administration + were changed, every Englishman would feel this + portentous revolution in every concern of his daily + life. The protection of the Government, of the army, of + the police, of the law courts, are with us so much + matters of course, that we never realise how much the + comfort and prosperity of our existence hang upon it, + nor do we reflect that the aid we derive from the + Courts is in the last instance dependent upon the + decisions of the judges being actively supported by the + forces at the command of the executive power. Again, we + are so used to the preservation on the part of the + Executive and the Courts of an attitude of perfect + impartiality and to the extension of their aid to all + citizens alike, that we can hardly even in imagination + conceive what would be the condition of things if the + public administration favoured particular classes and + looked askance on the rights of one class, whilst it + enforced with rigour the rights of another. Yet events + which have been passing before our eyes may show any + one how absolutely dependent we may be, at any moment, + for our enjoyment of life, property, or freedom upon + the authority and the equity of the Executive. Consider + the strike at Hull. Practically the legal rights and + personal freedom of every inhabitant of the city depend + upon the action of the Government. It is as plain as + day that if the Government had taken actively and + unfairly the side of one party or the other to the + contest, the party which the Government favoured would + at once have <a name="pg70" id="pg70"></a> won. + Suppose, though the supposition is a very improbable + one, that the Home Secretary had directed the police to + put down every form of picketing and to arrest every + one who counselled the free labourers to desert their + employment, the strike would come at once to an end. + Suppose on the other hand—the supposition is also + a wild one—that the Home Secretary had declined + to protect the rights of the free labourers, that the + troops had been withdrawn, and that the police had been + inactive; suppose, in short, that the Government had + been careless to maintain order. The Trade Unionists + would at once have become supreme, and freedom of + contract, as well as liberty of person, would have been + at once abolished. Even in England then the power to + exercise our rights as citizens has its source in the + constant, though unobserved, intervention of the + executive power. What is true of England is truer still + of countries where the sphere of the administration is + more widely extended than with us, and what is true of + every civilised country is truest of all of Ireland. + Ireland is a country where the sphere of the + administration is large, and where it will probably be + increased. Ireland is divided by hostile factions not + too much prone to respect the law. Even as things + stand, the Irish Executive finds it hard enough to hold + a perfectly even and level course, and the whole state + of the country depends upon the spirit in which the law + is enforced. One of the very gravest defects of our + present system is that in Ireland a change of + government means, to a certain extent, a change in the + <a name="pg71" id="pg71"></a> administration of the + law. Yet both Mr. Balfour and Mr. Morley have enforced + the law, and have meant, according to their lights, to + act towards all citizens with equitable impartiality. + And Mr. Balfour, Mr. Morley, or any statesman appointed + by the Imperial Parliament, is likely to act with more + fairness than at the present moment would any Executive + chosen by any Irish Parliament. One thing, at any rate, + is certain. An independent Irish Executive will possess + immense power. It will be able by mere administrative + action or inaction, without passing a single law which + infringes any Restriction to be imposed by the Irish + Government Act, 1893, to effect a revolution. Let us + consider for a moment a few of the things which the + Irish Cabinet might do if it chose. It might confine + all political, administrative, or judicial appointments + to Nationalists, and thus exclude Loyalists from all + positions of public trust. It might place the + Bench,<a href="#note_59"><span class= + "footnoteref">59</span></a> the magistracy, the police + wholly in the hands of Catholics; it might, by + encouragement <a name="pg72" id="pg72"></a> f athletic + clubs where the Catholic population were trained to the + use of arms, combined with the rigorous suppression of + every Protestant association suspected, rightly or not, + of preparing resistance to the Parliament at Dublin, + bring about the arming of Catholic and the disarming of + Protestant Ireland, and, at the same time, raise a + force as formidable to England as an openly enrolled + Irish army. But the mere inaction of the Executive + might in many spheres produce greater results than + active unfairness. The refusal of the police for the + enforcement of evictions would abolish rent throughout + the country. And the same result might be attained by a + more moderate course. Irish Ministers might in practice + draw a distinction between 'good' landlords and 'bad' + landlords, and might grant the aid of the police for + the collection of reasonable, though refusing it for + the collection of excessive rents, and might at last + magnanimously recognise the virtues of Mr. Smith-Barry, + whilst passing a practical sentence of outlawry on Lord + Clanricarde. Is there anything absurd or unreasonable + in the supposition that a Ministry of Land Leaguers + chosen by a Parliament of Nationalists should attempt + to enforce the unwritten law of the Land League? A + Gladstonian who answers this question in the + affirmative entertains a far lower opinion than can any + candid Unionist of Mr. Gladstone's Irish allies. It + would be the grossest unfairness to suggest that every + man convicted of conspiracy by the Special Commission + added to criminality and recklessness a monstrous form + of hypocrisy, and that, whilst urging <a name="pg73" + id="pg73"></a> Irish peasants to boycott evictors and + land-grabbers, he felt no genuine moral abhorrence of + evictions and land-grabbing. But if, as is certainly + the case, the founders of the Land League really + detested the existing system of land tenure, and + considered a landlord who exacted rent a criminal, and + a tenant who paid it a caitiff, it is as certain as + anything can be that they will be under the greatest + temptation, not to say, in their own eyes, under a + stringent moral obligation, to strain the power of an + Irish Executive for the purpose of abolishing the + payment of rent. Nothing, at any rate, will seem to an + Irish Ministry more desirable than that within three + years<a href="#note_60"><span class= + "footnoteref">60</span></a> from the passing of the + Bill landlords and tenants should come to an + arrangement, and nothing is more likely to produce this + result than the withdrawal from the landlords of the + aid, if not the protection, of the law. My argument, + however, at the present point does not require the + assertion or the belief that an Irish Ministry will be + guilty of every act of oppression which it can legally + commit. All that I insist upon is that an Irish + Ministry will exercise immense power, and that without + violating a letter of the constitution, and without + passing a single act which any Court whatever could + treat as void, the Ministry will be able to change the + social condition of Ireland. The Irish Cabinet, + remember, will not be checked by any Irish House of + Commons, for it will represent the majority of that + House. It will not need to fear the interposition of + the Imperial <a name="pg74" id="pg74"></a> Ministry or + the Imperial Parliament, for if the authorities in + England are to supervise and correct the conduct of the + Irish Cabinet, Home Rule is at an end. Mr. Asquith has + repudiated all idea of creating two Executives in + Ireland<a href="#note_61"><span class= + "footnoteref">61</span></a> for the ordinary purposes + of government, and from his own point of view he is + right. The notion of a dual control is preposterous; + the attempt to carry it out must involve anarchy or + revolution. The Irish Ministry must in ordinary matters + be at least as free as the Ministry of a self-governing + colony. The independence of the Irish Executive is + indeed a totally new phenomenon in Irish history, and + is, as I have said, a far more important matter than + the independence of the Irish Parliament, but it is an + essential feature of Home Rule, and every elector + throughout England should try to realise its import. + </p> + <p> + One check, indeed, is placed upon the power of the + Irish Cabinet. The military forces of the Crown, and + the Royal Irish Constabulary and Dublin Metropolitan + Police (as long as they exist<a href= + "#note_62"><span class="footnoteref">62</span></a>), + are subject to <a name="pg75" id="pg75"></a> the + control of the Imperial or English Ministry.<a href= + "#note_63"><span class="footnoteref">63</span></a> The + result is that the English Cabinet will have the means + of using force in Ireland for the maintenance of order, + for the execution of the law, or for the maintenance of + the authority of the Imperial Parliament. But this + advantage is after all purchased at the price of + placing the country under the rule of something very + like two Executives. If the policy of the Irish + Cabinet, <i>e.g.</i> as to suppressing a riot at Dublin + or Belfast, should differ from the policy of the + English Cabinet, the ordinary police may be called into + action whilst the army or the royal constabulary stand + by inactive, or the army may disperse a meeting which + the Irish Ministry hold to be a lawful assembly. + </p> + </div> + <div> + <a name="toc_38" id="toc_38"></a> + <h4> + II. <span class="hi" style="font-style: italic;">The + Irish Parliament.</span> + </h4> + <p> + The authority of the Irish Parliament, whilst acting + within the limits of the constitution, is extremely + wide.<a href="#note_64"><span class= + "footnoteref">64</span></a> + </p> + <p> + The Parliament appoints the Irish Government of the + day; it will determine whether Mr. M'Carthy or Mr. + Redmond, Mr. Healy or Mr. Davitt, directs the Irish + Administration. In this matter the British <a name= + "pg76" id="pg76"></a> Government will have no voice. + The English Ministry are under the new constitution + expected in many ways to co-operate with the Irish + Ministry, yet it is quite conceivable that the + Ministers of the Crown at Dublin may be men whose whole + ideas of expediency, of policy, of political morality, + may be opposed to the ideas of the Ministers of the + Crown at Westminster. + </p> + <p> + The Irish Parliament, again, even if every Restriction + on its powers inserted in the Home Rule Bill should + pass into law, will be found to have ample scope for + legislative action.<a href="#note_65"><span class= + "footnoteref">65</span></a> + </p> + <p> + It can repeal<a href="#note_66"><span class= + "footnoteref">66</span></a> any Act affecting Ireland + which was enacted before the passing of the Home Rule + Bill. Thus it can do away with the right to the writ of + <span class="hi" style="font-style: italic;">habeas + corpus</span>; it can abolish the whole system of trial + by jury; it can by wide rules as to the change of venue + expose any inhabitant of Belfast, charged with any + offence against the Irish Government, to the certainty + of being tried in Dublin or in Cork. If an Irish law + cannot touch the law of treason or of treason-felony, + the leaders of the Irish Parliament may easily invent + new offences not called by these names, and the + Parliament may impose severe penalties on any one who + attempts by act or by speech to bring the Irish + Government into contempt. A new <a name="pg77" id= + "pg77"></a> law of sacrilege may be passed which would + make criticism of the Irish priesthood, or attacks on + the Roman Catholic religion, or the public advocacy of + Protestantism, practically impossible. The Irish House + of Commons may take the decision of election petitions + into its own hands, and members nominated by the + priests may determine the proper limits of spiritual + influence. Thus the party dominant at Dublin can, if + they see fit, abolish all freedom of election; nor is + this all that the Irish Parliament can accomplish in + the way of ensuring the supremacy of an Irish party. + After six years from the passing of the Home Rule + Bill—let us say in the year 1900—the Irish + Parliament can alter the qualification of the electors + and the distribution of the members among the + constituencies. Parliament can in fact introduce at + once universal suffrage, and do everything which the + ingenuity of partisanship can suggest for diminishing + the representation of property and of Protestantism. + If, further, in any part of Ireland there be reason to + fear opposition to the laws of the Irish Parliament, a + severer Coercion Act may be passed than any which has + as yet found its way on to the pages of the English or + the Irish Statute Book. Worse than all this, the Irish + Parliament has the right to legislate with regard to + transactions which have taken place before the passing + of the Home Rule Bill. An Act inflicting penalties on + magistrates who have been zealous in the enforcement of + the Crimes Act, an Act abolishing the right to recover + debts incurred before 1893, an <a name="pg78" id= + "pg78"></a> Act for compensation to tenants who had + suffered from obedience to the behests of the Land + League, are all Acts which, however monstrous, the + Irish Parliament is, under the new constitution, + competent to pass. + </p> + <p> + My assertion is, be it noted, not that all or any of + such laws would be passed, but that the passing of them + would, under the new constitution, be legal. The Irish + Parliament could further by its legislation pursue + lines of policy opposed to the moral feeling and + political judgment of Great Britain, and this too where + Irish legislation practically affects Great Britain. + State lotteries might be re-established, gambling + tables might be re-opened at Dublin. If the imposition + of protective duties on imported goods is forbidden, + there is nothing apparently to prevent the + reintroduction of Protection into Ireland by the + payment of bounties; there is certainly nothing to + prohibit the repeal or suspension of the Factory Acts, + so that English manufacturers might be compelled to + compete with Irish rivals who are freed from the limits + imposed upon excessive labour by the humanity or the + wisdom of England. The power of the Irish Parliament to + pass laws which in the eyes of Englishmen are unwise or + inequitable, is, it will be urged, an essential part of + the policy of Home Rule. I admit that this is so. But + this makes it the more necessary that English electors + should realise what this essential characteristic of + Home Rule means, or may mean. The Nonconformist + conscience exposed Irish Home Rulers to painful + humiliation and possible <a name="pg79" id="pg79"></a> + ruin by forbidding them to follow the political leader + of their choice to whom they had deliberately renewed + their allegiance. Is it certain that Englishmen who + could not tolerate the official authority of Mr. + Parnell will bear the official leadership, say of Mr. + Healy, if employed to carry out the economical + principles of Mr. Davitt? + </p> + <p> + The legislative powers, ample as they are, of the Irish + Parliament are in some respects restricted, but what + the Parliament cannot accomplish by law it could + accomplish by resolution. The expressed opinion of a + legislature entitled to speak in the name of the people + of Ireland must always command attention, and may exert + decisive influence. Suppose that the Irish House of + Commons asserts in respectful, but firm, language, the + right of the Irish people to establish a protective + tariff; suppose that when England is engaged in a + diplomatic, or an armed, contest with France, the Irish + House of Commons resolves that Ireland sympathises with + France, that Ireland disapproves of all alliance with + Germany, that she has no interest in war, and wishes to + stand neutral; or suppose that, taking another line, + the Irish Parliament at the approach of hostilities + resolves that the people of Ireland assert their + inherent right to arm volunteers, or raise an army in + their own defence. No English Minister can allege with + truth that these resolutions or a score more of the + same kind are a breach of the constitution; yet such + resolutions will not be without their effect in + England; they cannot be without their effect abroad; in + many parts <a name="pg80" id="pg80"></a> of Ireland + they will have more than the authority of an Act of + Parliament. + </p> + <p> + Assume, for the purpose of my argument, that the Irish + Parliament always acts absolutely within the limits or + the letter of the constitution, though to make this + assumption is to substitute unreasonable hopes for + rational expectations. What Englishmen should note, + because they do not yet understand it, is that within + the limits of the constitution the Irish Cabinet and + the Irish Parliament possess and must possess the most + extensive powers, and that these powers may be used in + ways which would surprise and shock the British public, + and impede and weaken the action of the Imperial, or + English, Government. + </p> + </div> + </div> + <div> + <a name="toc_39" id="toc_39"></a> + <h3> + D. <span class="hi" style="font-style: italic;">The + Restrictions (or Safeguards) and the Obligations</span> + </h3> + <div> + <a name="toc_40" id="toc_40"></a> + <h4> + I. <span class="hi" style="font-style: italic;">Their + Nature</span>. + </h4> + <p> + The limitations on the power of the Irish Legislature + are of a twofold character. + </p> + <p> + The Restrictions contained in clause 3 of the Bill are + intended to restrain the Irish Parliament from acting + as the representative body of an independent nation. + This clause invalidates for example acts with respect + to the Crown or the succession to the Crown, with + respect to peace or war, with respect to the naval or + military forces of the realm, with respect to treaties + or other relations with foreign states, and with + respect to trade with any place out of Ireland, which + apparently includes the imposition of a protective + tariff. + </p><a name="pg81" id="pg81"></a> + <p> + The Restrictions<a href="#note_67"><span class= + "footnoteref">67</span></a> contained in clause 4 may + be roughly divided into three heads; first, + prohibitions intended to ensure the maintenance of + absolute religious equality<a href= + "#note_68"><span class="footnoteref">68</span></a>; + secondly, prohibitions intended to prevent injustice to + individuals, such as deprivation of life, liberty, or + property without due process of law, denial of equal + protection of the law, the taxing of private property + without due compensation, or the unfair treatment of + any existing corporation; thirdly, a provision + prohibiting any law which deprives any inhabitant of + the United Kingdom of equal rights to public sea + fisheries.<a href="#note_69"><span class= + "footnoteref">69</span></a> + </p> + <p> + On these Restrictions it were easy to write an + elaborate treatise. Should our new constitution ever + come into force, they will give rise to a whole series + <a name="pg82" id="pg82"></a> of judgments, and to + lengthy books explanatory thereof. The language in + which the Restrictions are expressed is in many cases + exceptionable. No lawyer will venture to predict what + for instance may be the interpretation placed by the + Courts on such expressions as 'due process of law,' + 'just compensation,' and the like, and it is more than + doubtful whether the so-called safeguards are so + expressed as to carry out the intention of their + authors, or, even in words, adequately to protect + either the authority of the Imperial Parliament or the + rights of individuals. But it is not my purpose to + criticise the Restrictions, or the Bill itself, in + detail. The drafting of the Government of Ireland Bill + needs much amendment, but at the present juncture it is + waste of time to criticise defects removable by better + draftmanship or by slight changes in the substance of + the measure. My object is to dwell on such points + relating to the Restrictions as show their bearing on + the character of the new constitution.<a href= + "#note_70"><span class="footnoteref">70</span></a> + </p><a name="pg83" id="pg83"></a> + <p> + <span class="hi" style= + "font-style: italic;">First.</span> The Restrictions + are one and all of them limits upon the powers of the + Irish Parliament; they are none of them limits upon the + powers of the Irish Executive. The new constitution + does not contain—from its nature it hardly could + contain—a single safeguard against abuse of power + by the Irish Ministry or its servants. Yet in all + countries there is far more reason to dread executive + than parliamentary oppression, and this is emphatically + true of Ireland. + </p> + <p> + <span class="hi" style= + "font-style: italic;">Secondly.</span> The Restrictions + contain no prohibition against the passing of an Act of + Indemnity. + </p> + <p> + Yet of all the laws which a Legislature can pass + <a name="pg84" id="pg84"></a> an Act of Indemnity is + the most likely to produce injustice. It is on the face + of it the legislation of illegality; the hope of it + encourages acts of vigour, but it also encourages + violations of law and of humanity. The tale of Flogging + Fitzgerald in Ireland, or the history of Governor Eyre + in Jamaica, is sufficient to remind us of the deeds of + lawlessness and cruelty which in a period of civil + conflict may be inspired by recklessness or panic, and + may be pardoned by the retrospective sympathy or + partisanship of a terror-stricken or vindictive + Legislature. Circumstances no doubt may arise in + Ireland, as in other countries, under which the + maintenance of order or the protection of life may + excuse or require deviation from the strict rules of + legality. But the question, whether these circumstances + have arisen, will always be decided far more justly by + the Parliament at Westminster than it can be decided by + the Parliament at Dublin. Can any one really maintain + that a Parliament in which Mr. Healy, or, for that + matter, Col. Saunderson, might be leader, would be as + fair a tribunal as a Parliament under the guidance of + Mr. Gladstone or Lord Salisbury for determining whether + an officer who, acting under the direction of the Irish + Government and with a view to maintain order at Belfast + or at Dublin, should have put an agitator or + conspirator to death without due trial, had or had not + done his duty. + </p> + <p> + <span class="hi" style= + "font-style: italic;">Thirdly.</span> There is among + the Restrictions no prohibition against the passing of + an <span class="hi" style="font-style: italic;">ex post + facto</span> law. Yet an <span class="hi" style= + "font-style: italic;">ex post facto</span> law is the + instrument which <a name="pg85" id="pg85"></a> a + legislature is most apt to use for punishing the + unpopular use of legal rights. There is not a landlord, + there is not a magistrate, there is not a constable in + Ireland, who may not tremble in fear of <span class= + "hi" style="font-style: italic;">ex post facto</span> + legislation. There is no reason, as far as the Home + Rule Bill goes, why the gaoler who kept Mr. William + O'Brien in prison or the warders who attempted to pull + off his breeches, should not be rendered legally liable + to punishment for their offences against the unwritten + law of Irish sedition. No such monstrosity of legal + inequity will, it may be said, be produced. I admit + this. But the very object of prohibitions is the + prevention of outrageous injustice. The wise founders + of the United States prohibited both to Congress and to + every State legislature the passing of <span class="hi" + style="font-style: italic;">ex post facto</span> + legislation. If any man hint that it be an insult to + Ireland to anticipate the possible injustice of an + Irish Parliament, my reply is simple. No Irishman need + resent as an insult prohibitions which were not felt to + be insulting either by the citizens of America or the + citizens of Massachusetts. + </p> + <p> + <span class="hi" style= + "font-style: italic;">Fourthly.</span> The Restrictions + on the powers of the Irish Parliament do not contain + any safeguard against legislation which sets aside + contracts. + </p> + <p> + This is remarkable, not to say ominous. The Gladstonian + constitution has been drawn up by legislators who + profess to profit by the experience of America. Under + the Constitution of the United States<a href= + "#note_71"><span class="footnoteref">71</span></a> no + State can pass any law 'impairing the <a name="pg86" + id="pg86"></a> obligation of a contract.' This + provision has kept alive throughout the Union the + belief in the sacredness of legal promises. It embodies + a principle which lies at the bottom of all progressive + legislation. It gives the best guarantee which a + constitution can give against the most insidious form + of legislative unfairness; it embodies a doctrine which + all legislatures are likely to neglect and which an + Irish Parliament is more likely to neglect than any + other legislature, for in Ireland there exist contracts + which do not command popular approval, and the Imperial + legislation of twenty years and more has taught the + Irish people that agreements which do not command + popular approval may, without breach of good faith, be + set aside by legislative enactment. We all know further + that reforms, or innovations, are desired by thousands + of Irishmen which cannot be carried into effect unless + the obligation of contracts be impaired. Why, then, + have statesmen who borrow freely from the Constitution + of the United States omitted the most salutary of its + provisions from our new constitution? + </p> + <p> + The official reply is at any rate singular; it is + apparently<a href="#note_72"><span class= + "footnoteref">72</span></a> that the section of the + United States Constitution which invalidates any law + impairing the obligation of a contract has given much + occupation to the Courts of America. This answer is on + the face of it futile; it urges the proved utility of a + law as a reason for its not being enacted; as well + suggest that because the criminal courts are mainly + occupied <a name="pg87" id="pg87"></a> with the trial + of thieves there ought to be no law against petty + larceny, or that because the labours of the Divorce + Court increase year by year, the law ought not to + permit divorce. The absurdity of the official reply + suggests the existence of some reason which the + defenders of this strange omission are unwilling + clearly to allege. The true reason why the founders of + the new constitution have omitted in this instance to + copy a polity which they profess to admire is not hard + to discover. An enactment which enjoined an Irish + Parliament to respect the sanctity of a contract would + be fatal to any remodelling of the Irish land law which + tended towards the spoliation of landowners. Yet this + very fact makes the matter all the more serious. That + British statesmen should under these circumstances + deliberately decline to insert an injunction to respect + the sanctity of plighted good faith is much more than + an omission. It amounts to the suggestion, almost to + the approval, of legislative robbery; it is a + proclamation that as against landlords, as against + creditors, as against any unpopular class, the Imperial + Parliament sanctions the violation of good faith. To + the Irish Parliament the authors of the new + constitution in effect say: 'You may raise no soldiers, + you may not yourselves summon volunteers for the + defence of your country, you shall not impose customs + on foreign goods, and are therefore forbidden to follow + a policy of protection approved of by every civilised + State except England; you shall neither establish nor + endow a church, you shall not by providing salaries for + your priesthood at <a name="pg88" id="pg88"></a> once + lighten the burdens of the flock, and improve the + position of the pastor; these things, not to speak of + many others, you are forbidden to do, though there are + many wise statesmen who deem that the courses of action + from which you are debarred would conduce to the + dignity and the prosperity of Ireland; but there is one + thing which you may do, you may sanction breach of + faith, you may encourage dishonesty, you may enjoin + fraud, you may continue to teach the worst lesson which + the vacillation of English government has as yet taught + the Irish people, you may drive home the conviction + that no man need keep a covenant when the keeping + thereof is to his own damage.' This is the message of + political morality which the last true Parliament of + the United Kingdom hands over to the first new + Parliament of Ireland. + </p> + </div> + <div> + <a name="toc_41" id="toc_41"></a> + <h4> + II. <span class="hi" style="font-style: italic;">Their + Enforcement.</span> + </h4> + <p> + The nature of the Restrictions imposed upon the + Parliament, and indirectly upon the Government of + Ireland, is of far less importance than are the means + provided for their enforcement. A law which is not + enforceable is a nullity; it has in strictness no + existence. + </p> + <p> + The methods provided by the Home Rule Bill for keeping + the Irish Parliament within its proper sphere of + legislative activity are two in number—the veto + of the Lord Lieutenant, and the action of the Courts. + </p> + <p> + <span class="hi" style="font-style: italic;">The + Veto.</span> This is little more than an empty sham, + for it must in general be exercised on the advice of + the Irish Cabinet; in other words it will never be + <a name="pg89" id="pg89"></a> exercised at all.<a href= + "#note_73"><span class="footnoteref">73</span></a> Were + the matter not so serious there would be something + highly amusing in the conduct of constitution-makers + who, intending to provide against unconstitutional + legislation on the part of the Irish Parliament, + provide that the Irish Cabinet, who are practically + appointed by the Irish Parliament, and who direct its + legislation, shall have power to veto Bills passed by + the Irish Parliament presumably on the advice of the + Irish Cabinet. + </p> + <p> + The English Ministry no doubt may, if they see fit, + instruct the Lord Lieutenant to veto a given Bill. So + also the Imperial Parliament has authority to repeal or + override any Act, constitutional or unconstitutional, + passed by the Irish Parliament. Each power stands on + the same footing, neither is meant for ordinary use; + either is a means of legal revolution. The veto of the + Crown means little in New Zealand; it will at best mean + no more in Ireland; but in truth it will mean a good + deal less. New Zealand sends no member to Westminster + to stay the hand of the Imperial Government whenever it + attempts by way of veto or otherwise to put in force + the reserved powers of the Imperial Parliament.<a href= + "#note_74"><span class="footnoteref">74</span></a> + </p><a name="pg90" id="pg90"></a> + <p> + <span class="hi" style="font-style: italic;">The Privy + Council and the Courts</span>. The English Privy + Council<a href="#note_75"><span class= + "footnoteref">75</span></a> may nullify the effect of + Irish legislation in two ways. + </p> + <p> + It may as an administrative body give a decision that + an Act is void.<a href="#note_76"><span class= + "footnoteref">76</span></a> This power can by exercised + only upon the application of the Lord Lieutenant or a + Secretary of State, and it is a power which we may + expect will be but rarely employed, for its use would + at once give rise to a direct conflict between the + Irish Parliament and the English Privy Council. Let it + be noted in passing that this provision for the + decision of constitutional questions is foreign to the + habits and traditions of English Courts; no judge + throughout the United Kingdom ever pronounces a + speculative opinion upon the extent, operation, or + <a name="pg91" id="pg91"></a> validity of an Act of + Parliament. It is the inveterate habit of our judges to + deal with particular cases as they come before them, + and with particular cases alone. They will find + themselves greatly perplexed when they come to + pronounce judgment upon abstract questions of law. This + is not all. The proposed arrangement is as foreign to + the spirit of American Federalism as it is to the + spirit of English law. The Supreme Court of the United + States never in strictness pronounces an Act either of + Congress or of a State Legislature void. What the Court + does is to treat it as void in the decision of a + particular case. Tocqueville and other critics have + directed special attention to the care with which the + Federal tribunals, by dealing only with given cases as + they arise, avoid as far as possible coming into + conflict with any State. They determine the rights of + individuals; they do not determine directly what may be + the legislative competence of the State, or for that + matter of the Federal, Legislature.<a href= + "#note_77"><span class="footnoteref">77</span></a> The + extraordinary power given to the Privy Council violates + a fundamental principle of federalism, which by the way + is violated in other parts of the Home Rule Bill. It + brings, or tends to bring, the central power, + represented in this case by the Privy Council, into + direct conflict with one of the States of the + Federation.<a href="#note_78"><span class= + "footnoteref">78</span></a> + </p> + <p> + The English Privy Council, or, in strictness, the + <a name="pg92" id="pg92"></a> Judicial Committee of the + Privy Council, is under the new constitution + constituted a Final Court of Appeal from every Court in + Ireland.<a href="#note_79"><span class= + "footnoteref">79</span></a> + </p> + <p> + The Privy Council also is the Court of Appeal from a + new kind of Imperial, or as one may say 'Federal,' + judiciary, specially formed for the determination of + matters having relation to the competence of the Irish + Parliament. + </p> + <p> + This Imperial or Federal judiciary consists of the two + Exchequer Judges of the Supreme Court in Ireland; they + are appointed under the Great Seal of the United + Kingdom, and therefore by the English Ministry. Their + salaries are charged on the Consolidated Fund of the + United Kingdom, and they are removable only on an + address to the Houses of the Imperial Parliament. They + constitute therefore an Imperial not an Irish Court. + Before this Court may be brought on the application of + any party thereto any legal proceedings in Ireland + which <span class="hi" style= + "font-style: italic;">inter alia</span> 'touch any + matter not within the power of the Irish Legislature, + or touch any matter affected by a law which the Irish + Legislature has not power to repeal or alter.'<a href= + "#note_80"><span class="footnoteref">80</span></a> With + the details of these arrangements I need not trouble my + readers; the point to notice is that, whenever in any + proceeding in Ireland the validity or constitutionality + of an Irish Act can come into question, the matter may, + at the wish of any party concerned, and in many cases + apparently must be, brought before an Imperial or in + effect British Court—the <a name="pg93" id= + "pg93"></a> Exchequer Judges—and be determined by + them subject to an appeal to another Imperial or + British Court, viz. the Privy Council. Note further + that to the Exchequer Judges are given special powers + for the enforcement of any judgment of their Court. If + the Sheriff does not give effect to their judgment, + they may appoint any other officer with the full rights + of a Sheriff to enforce it.<a href= + "#note_81"><span class="footnoteref">81</span></a> + </p> + <p> + Here then we have the machinery of the Imperial, or + Federal, Judicature. To put the matter simply, the + Restrictions imposed on the Irish Parliament depend + <a name="pg94" id="pg94"></a> for their effectiveness + on judgments of the Privy Council enforced by the + Exchequer Judges. + </p> + <p> + Consider how the whole arrangement will work.<a href= + "#note_82"><span class="footnoteref">82</span></a> The + theoretical operation of the scheme is clear enough. + <span class="hi" style="font-style: italic;">A</span> + sues <span class="hi" style= + "font-style: italic;">X</span> in an Irish Court, say, + to simplify matters, before the Exchequer Judges, for + £1,000 due to <span class="hi" style= + "font-style: italic;">A</span> for rent. <span class= + "hi" style="font-style: italic;">X</span> bases his + defence on an Act of the Irish Parliament, drawn by + Irish statesmen, and approved presumably by Irish + electors. <span class="hi" style= + "font-style: italic;">A</span> questions the + constitutionality of the Act. The Exchequer Judges are + divided in opinion. The matter at last comes before the + Privy Council. The Privy Council pronounce the Act + void, and give judgment in <span class="hi" style= + "font-style: italic;">A's</span> favour. He has a right + to recover the £1,000 from <span class="hi" style= + "font-style: italic;">X</span>. The whole question in + theory is settled. The law is unconstitutional, the law + is void; <span class="hi" style= + "font-style: italic;">A</span> has obtained judgment. + But can the judgment be enforced? This is the essential + question; for the object of a plaintiff is to obtain + not judgment but payment or execution. What then are + the means for enforcing the judgment of the Privy + Council when it is not supported by Irish opinion, when + it sets aside an Act of the Irish Parliament, and when + it may possibly be opposed to the decision, in a + similar case, of an Irish Court? The means are the + action of the Sheriff. What if the Sheriff is a strong + Nationalist, and makes default? The only thing to be + done is to appoint an officer empowered to carry out + the decree of the Court. Of course if the Irish + Ministry are bent on enforcing the judgment, <a name= + "pg95" id="pg95"></a> if the Exchequer Court, whose + judgment, it may be, has been overruled, is zealous in + supporting the authority of the Privy Council, if the + Irish people are filled with reverence for tribunals + which are really English Courts, all will go well. But + Mr. Gladstone himself cannot anticipate that novel + constitutional machinery will work with ease, or that + on the passing of the Home Rule Bill the disposition, + the traditional feelings, and the sympathies of the + Irish populace will be changed. Suppose that + <span class="hi" style="font-style: italic;">A</span> + is Lord Clanricarde; suppose that <span class="hi" + style="font-style: italic;">X</span> is an evicted + tenant. It is not common sense to believe that the + judgment in his lordship's favour will as a matter of + course take effect. At the present moment the Irish + Courts, backed by the whole authority of the Imperial + Government and the Irish Executive, often find a + difficulty in enforcing their judgments. Will English + Courts find it easy to give effect to a judgment in + Ireland if the Irish Executive and its servants stand + neutral or hostile? What if the Irish House of Commons + turn out as unwilling that force should be used for + enforcing the decree of the Privy Council as are some + English Radicals that force shall be employed for the + protection of free labourers against Trades Unionists? + What if the officer of the Court is in fact some + bailiff trembling for his own life? He may, I am told, + call in the military. Of his authority to do this I am + not quite sure. He must, I suppose, in the first + instance apply to the Irish Home Secretary. The Irish + Minister pressed by the opposition turns a deaf ear to + the appeal of the <a name="pg96" id="pg96"></a> + bailiff. Application must then be made in some form or + other to the English Ministry. The Imperial Cabinet + will think more than once before horse, foot, and + artillery are, against the wish of the Irish + Government, put in movement to enforce the judgment of + a British Court, and to obtain £1,000 for Lord + Clanricarde. The matter will have become serious; the + dignity of the Irish nation will be at stake; the + complaints of the plaintiff will be drowned by the + indignant clamours of eighty members at Westminster. + The essential principle of the new constitution is that + there shall be but one Executive in Ireland. The moment + that the British Government intervenes to support the + judgment of British Courts, we have in Ireland two + hostile Executives. We tremble on the verge either of + legal revolution or of civil war. An English Cabinet, I + suspect, will hardly enforce the unpopular rights of a + hated plaintiff by use of arms. + </p> + <p> + Why, it will be said, assume that the Irish Government + and the Irish people will not enforce the law? The + assumption, I answer, is justified not only by the + history of Ireland, but by general experience. In all + federations, even the best ordered, difficulties + constantly arise as to the sphere of the Federal + Government and the State Governments, and as to the + enforcement of judgments delivered by Federal Courts. + The authority of the federal tribunals has not always + been easily enforced even in the United States. Serious + difficulties hamper the action of the Swiss federal + authorities. Even in England enthusiasm or conviction + occasionally triumphs over <a name="pg97" id= + "pg97"></a> legality. English clergymen are at least as + reasonable as excited politicians, yet Ritualists have + not invariably submitted to the authority of the Privy + Council. Why should Irishmen be more reasonable than + other men? In Ireland we are trying an entirely novel + and dangerous experiment; we are fostering the spirit + of nationality under the forms of federation. The Privy + Council, hide the matter as you will, represents + British power. If Ireland is a nation, the Government + of Great Britain is an alien Government; the judgments + of the Privy Council are the judgments of an alien + Court, and reason forbids us to expect more submission + to the decisions of an alien tribunal than to the laws + of an alien legislature. + </p> + <p> + Suppose, however, that British judgments are enforced + by the British army. Is this a result in which any + Englishman or Irishman could rejoice? Can we say that + the new constitution works well when its real and + visible sanction is the use of British soldiers? The + plain truth is that arrangements for legally + restraining the Irish Parliament within the due limits + of its powers must be ineffective and unreal and, if + the principle of Home Rule be once admitted, the widest + must be the wisest form of it. Colonial independence is + better for Ireland and safer for England than sham + federalism.<a href="#note_83"><span class= + "footnoteref">83</span></a> + </p> + <p> + Grant, however, that the judgments of the Privy Council + can be enforced more easily than I suppose, still even + Gladstonians would admit that the proper working of the + new constitution depends on two <a name="pg98" id= + "pg98"></a> presumptions. The one is that the Irish + people are under no strong temptation to oppose the + Restrictions or to throw off the obligations imposed + upon the Irish Parliament or Government. The other that + they possess no ready means for nullifying these + Restrictions or obligations. + </p> + <p> + Each of these assumptions is false. + </p> + <p> + Restraints ineffective for the protection either of + British interests or of individual freedom may be + intensely irritating to national sentiment. + </p> + <p> + The limitations imposed on the powers of the Irish + Parliament, or, in other words, of the Irish people, + are opposed to the spirit of nationality and + independence which Home Rule, it is hoped, will appease + or satisfy. They will be hateful therefore not only to + that multitude whom Gladstonians call the Irish people, + but to every Irishman who is bidden by Gladstonians to + consider himself a member of the Irish nation. + </p> + <p> + The Irish are a martial race; they excel in the + practice, and delight in the pageantry, of warfare, but + they are forbidden to raise a regiment or man a + gunboat. They cannot legally raise a regiment of + volunteers, they cannot save their country from + invasion. Will they permanently acquiesce in restraints + not imposed on the Channel Islands? Irishmen, Unionists + no less than Home Rulers, are mostly Protectionists, + and believe that tariffs may give to Ireland, not + indeed a 'plethora of wealth,' for of this no man out + of Bedlam except Mr. Gladstone dreams, but reasonable + prosperity. Vain to argue that Protection is folly. + Englishmen think so, <a name="pg99" id="pg99"></a> and + Englishmen are right. But English doctrine is not + accepted in Germany, in France, in the United States, + or in the British Colonies; why should Irishmen be + wiser than the inhabitants of every civilised country, + except England? The fact, in any case, cannot be + altered that most Home Rulers are Protectionists, and + that many of them desire Home Rule mainly because they + desire Protection for Ireland. Yet Protection, at any + rate in the form of a tariff, they cannot have.<a href= + "#note_84"><span class="footnoteref">84</span></a> Take + again the Restrictions imposed on the endowment of + religion. All English Nonconformists, and many English + Churchmen, hold these Restrictions to be in themselves + politic and just. But the one strong reason for the + concession of Home Rule is that Irishmen disagree with + English notions of policy and of justice. No one can + assign any reason why Irish statesmen, Catholics or + Protestants, might not feel it a matter of duty or of + policy to endow the priesthood, to level up instead of + levelling down, to enter into some sort of concordat + with Rome. It is a policy which is distasteful to + English Nonconformists and to most Irish Protestants. + But under a system of Home Rule, at any rate, English + Nonconformists have no right to dictate the policy of + Ireland. There is not the remotest reason why + Restrictions on the endowments of religion and the like + should not be hateful to Irishmen. + </p> + <p> + The limitations, in short, on the competence of the + <a name="pg100" id="pg100"></a> Irish Parliament are + inconsistent with the fundamental principle of + Gladstonian statecraft. It is a policy we are told of + trust in the people, the limitations are dictated by + distrust of the Irish people; Home Rule is to be + granted in order that Irishmen may give effect to Irish + ideas; the Restrictions are enacted to check the + development of Irish ideas, and to impose English ideas + upon the policy of Ireland. + </p> + <p> + As though, however, the Restraints were not enough to + cause first irritation and then agitation, the + financial provisions contemplated by the Bill are in + themselves certain to generate, not future, but + immediate discord. + </p> + <p> + Of the financial arrangements instituted under the new + constitution, my purpose is to say very little. My + object is not to show that Mr. Gladstone's financial + calculations are wrong, or that they are ruinous to + Ireland or unfair to England. All this is for my + present purpose immaterial. My aim is to insist that, + in their very nature, they are a cause of conflict; and + that they bring the interest, and, even more, the + sentiment, of Ireland into direct opposition with the + power of England.<a href="#note_85"><span class= + "footnoteref">85</span></a> + </p> + <p> + All the customs payable at every Irish port are to be + regulated, collected, and managed by, and to be + <a name="pg101" id="pg101"></a> paid into, the + Exchequer of the United Kingdom. Not a penny of these + customs benefits Ireland; they are all—and this + is certainly the light in which they will appear to + most Irishmen—a contribution to the revenue of + the United Kingdom, that is, of England. If every + taxable article were smuggled into Ireland, so that not + one pound of Irish customs were paid to the English + treasury, the Imperial power would lose, but the Irish + State would gain. Ireland would be delivered from a tax + which will soon be called a tribute. If, moreover, + Ireland continues to be treated as financially a part + of the United Kingdom, then free smuggling, which is + free trade, would make Ireland a free port, where might + be landed untaxed the goods required by the whole + United Kingdom. It is easy to see how the English + revenue would suffer, but it is equally easy to see + that Irish commerce might flourish. If I am told that + the ruin of the British revenue may be averted by the + examination of goods brought from Ireland to Great + Britain—this, of course, is so. But then freedom + of trade within the United Kingdom is at an end. We are + compelled, in substance, to raise an internal line of + custom houses; we abolish at one stroke one great + benefit of the Treaty of Union. + </p> + <p> + The mode, again, in which the customs are levied + outrages every kind of national sentiment. + Coast-guards, custom-house officers, and gaugers are + never popular among a population of smugglers; they + will not be the more beloved when every custom-house + officer or coastguard is the representative of an alien + power, and is employed to levy tribute from Ireland. + </p><a name="pg102" id="pg102"></a> + <p> + Another leading feature of the financial arrangements + is the charging upon the Irish Consolidated Fund of + various sums rightly due and payable to the Exchequer + of the United Kingdom.<a href="#note_86"><span class= + "footnoteref">86</span></a> They are made a first + charge upon the revenue of Ireland. They are to be paid + in the last resort upon the order of the Lord + Lieutenant, acting as an Imperial officer. The + necessity for some arrangement of this kind is clear. + Millions have been lent to Ireland, and these millions + must be repaid. But if the need for some such + arrangement be certain, its desperate impolicy is no + less certain. England and Ireland, the English + Government and the Irish Government, are brought into + direct hostile collision. The rich English Government + appears in the light of an imperious creditor the Irish + Government stands in the position of a poverty-stricken + debtor. Note, and this is the point which should be + pressed home, that in all confederations the difficulty + of exacting the money needed by the federal government + from any state of the confederacy has been found all + but insuperable. Study the history of the thirteen + American colonies between the time of the + acknowledgment of their independence by England and the + formation of the United States. This has been termed + 'the critical period' of American history. The colonies + were united by recollections of common suffering and of + common triumph, they were not divided by race or + <a name="pg103" id="pg103"></a> religion; no State + aspired to separate nationality, yet they drifted + rapidly towards anarchy; they were discontented at + home, they were powerless abroad, above all, they + nearly made shipwreck on the financial arrangements. + Congress was never able, for the satisfaction either of + national needs or of national honour, to obtain fair + contributions from the different States.<a href= + "#note_87"><span class="footnoteref">87</span></a> + </p> + <p> + Already, further, before the Home Rule Bill has passed + from the hands of the House of Commons Mr. Gladstone's + very moderate demands, as they seem to Englishmen, are + held by some Irish Nationalists to be + outrageous.<a href="#note_88"><span class= + "footnoteref">88</span></a> The difference, moreover, + is not a matter of calculation, to be settled by + accounts and balances, or disposed of by auditors. No + one can read the statements of Nationalists such as Mr. + Redmond or Mr. Clancy without seeing that the real + difference of view lies very deep. These typical + Nationalists do not regard the United Kingdom as a + nation. Ireland is the nation. They doubt what is her + interest in the British Empire; they believe, and + already hint, that the financial arrangements between + the two countries cannot be treated as a mere pecuniary + transaction. Ireland has been overtaxed and + overburdened. She has claims for compensation. All the + feelings or convictions which inspired hatred of Irish + landlords are already being aroused with regard to the + Imperial power. A campaign against tribute may become + as popular as a campaign against <a name="pg104" id= + "pg104"></a> rent. The two campaigns indeed have a + close affinity; a large portion of the tribute is in + reality payment in respect of rent, and the instalments + which an Irish farmer pays to buy his land will, to him + at any rate, appear rent or tribute payable to Great + Britain. The rent or tribute will be collected under + the new constitution by the Irish Government.<a href= + "#note_89"><span class="footnoteref">89</span></a> No + Irish Ministry will relish the position of collector. + It would have been difficult for a landlord to collect + rent after his agent had publicly announced that it was + excessive and unjust. Yet a landlord could dismiss his + agent; the English Cabinet cannot dismiss the Irish + Government. It is certain too that the Irish Ministry + will not find the collection of rent easy. Should the + Irish Government state that the rent is iniquitously + high, and refuse to collect it, what will be the + position of the British Ministry? It must either set + the constitution aside or undertake for itself the + collection of rent in opposition to, or, at any rate, + unaided by, the Irish Executive and the Irish + Parliament. No more odious task was ever undertaken by + a government. Suppose, however, that things do not come + to the worst, the financial arrangements of the Bill + ensure that Ireland will soon demand modifications of + its provisions. Opposition is a probability, discontent + is a certainty. + </p> + <p> + Ireland is provided under the new constitution with the + readiest means of nullifying the Restrictions. The + Irish Cabinet and its servants can at any moment reduce + an unpopular law to a nullity. Even in <a name="pg105" + id="pg105"></a> England a resolution of the House of + Commons may be enough to turn a law into a dead letter. + The Imperial Cabinet at this moment could go very near + making the Vaccination Acts of no effect, and by + declining to have troops sent to Hull could, as I have + already pointed out, give victory to the Trades + Unionists. Nor is it necessary that the Cabinet should + decline sending forces to Hull for the support of the + law. An intimation that persons accused of intimidation + would either not be prosecuted at all, or if prosecuted + and convicted, would be pardoned, would be sufficient + of itself to make the strike successful. In no country + could the Executive do more to render laws ineffectual + than in Ireland. The Irish Cabinet might by mere + inaction render the collection of rent impossible; they + might, as I have already pointed out, give tacit + encouragement to smuggling. If the people regarded a + coastguard as an enemy, if he and his family were left + severely alone, if he were often maltreated and + occasionally shot, his position might be a difficult + one, even if supported by the whole force of the state. + But if smuggling were regarded as no crime, if the + smuggler were looked upon as the patriot who deprived + an alien power of a revenue to which England had no + right, it is clear that nothing but the energetic + support of all the central and local authorities in the + country could give a revenue officer the remotest + chance of victory in his contest with smugglers. But + suppose the national government were apathetic, suppose + that the Irish Ministry looked with favourable eye on + the diminution <a name="pg106" id="pg106"></a> of + English revenue; suppose that no Irish official gave + any aid to a custom-house officer; suppose that, if a + British coastguardsman were murdered, Irish detectives + made no effort to discover the wrong-doer; and that + when the culprit was discovered the Irish law officers + hesitated to prosecute; suppose that when a prosecution + took place the Attorney-General showed that his heart + was not in the matter, and that the jury acquitted a + ruffian clearly guilty of murder, is it not as clear as + day that smuggling would flourish and no customs be + collected? In the same way the Irish Ministry might by + mere apathy, by the very easy process of doing nothing, + nullify the effect of judgments delivered by the + Exchequer judges, and the Irish Ministry would show + very little ingenuity if they could not without any + open breach of the law impede the carrying out of + executions against the goods of persons whom popular + feeling treated as patriots. + </p> + <p> + The Irish Executive might, as already pointed + out,<a href="#note_90"><span class= + "footnoteref">90</span></a> easily raise an Irish army. + Drilling countenanced or winked at by the Irish + Ministry could never be stopped by the British + Government. Prussia at the period of her extreme + weakness, and under the jealous eye of Napoleon, sent + every Prussian through the ranks. Bulgaria raised an + army while pretending to encourage athletic sports. The + value of the precedent is not likely to escape an Irish + Premier. + </p> + <p> + The Irish Parliament cannot legally repeal a single + provision of the constitution, but an Irish Parliament + <a name="pg107" id="pg107"></a> might render much of + the constitution a nullity. The Parliament might pass + Acts which trenched upon the Restrictions limiting its + authority. Till treated as void such statutes would be + the law of the land. Such voidable Acts, and even + parliamentary resolutions,<a href= + "#note_91"><span class="footnoteref">91</span></a> + would go like a watchword through the country and + encourage throughout Ireland popular resistance to + Imperial law. A profound observer has remarked that + people do not reckon highly enough the importance at a + revolutionary crisis of any show or appearance of + legality.<a href="#note_92"><span class= + "footnoteref">92</span></a> Revolution acquires new + force when masked under the form of law. This is a + point which Englishmen constantly overlook. They know + the moral influence of leagues and combinations; they + do not reflect that a Parliament or House of Commons in + sympathy with resistance to Imperial demands would + possess tenfold the moral authority of any National + League. Note too that the Irish Ministry and the Irish + Parliament would play into one another's hands, and + would further be strengthened by their Irish allies at + Westminster, as also by the Irish electoral vote in + England. + </p> + <p> + For the true stronghold of the Irish Government lies, + under the new constitution, at Westminster.<a href= + "#note_93"><span class="footnoteref">93</span></a> + </p><a name="pg108" id="pg108"></a> + <p> + There they would command at least eighty votes: the + Irish members could still, as now, and far more + effectively than now, coerce under ordinary + circumstances any Ministry disposed to enforce the + rights of the Imperial Government, or, in other words, + of England. + </p> + <p> + Take a concrete case to which I have already + referred.<a href="#note_94"><span class= + "footnoteref">94</span></a> Irish farmers who have + purchased under the Ashbourne Act grow weary of paying + instalments which are equivalent to rent. The Irish + Cabinet refuses to collect the rent; it urges its + absolute inability to pay the sums due to the Imperial + Exchequer and asks for remission. Meanwhile the Irish + House of Commons passes a resolution supporting the + conduct of the Irish Government. The British Ministers + are stern, and reject the request of the Irish Cabinet. + The Cabinet at Dublin retire from office. No successors + can be appointed who command the support of the Irish + Parliament. The Lord Lieutenant advises the Government + at home that things have come to a deadlock and that a + dissolution will change nothing. Thereupon the Irish + members at Westminster begin to move; they threaten + general hostility to the British Ministry. + </p><a name="pg109" id="pg109"></a> + <p> + They proffer their support to the Opposition. It may of + course happen that the British Ministry can, like the + Unionist Government of 1886, defy the Opposition and + the Irish members combined. If so the English Cabinet + can risk a constitutional conflict in Ireland, though + it is a conflict likely to end in disturbance or civil + war. But judging the future by the past the eighty + members will hold the balance of power. If so their + course is clear. They expel from office the Ministers + who have protected the rights of the Imperial + Government. A weak Ministry depending on Irish votes + rules, or rather is ruled, at Downing Street. Every one + knows how, under the supposed conditions, the affair + will end. There will be a transaction of some sort, and + we may be certain that such a transaction will be to + the advantage of the Irish Government, and will weaken + or discredit Imperial or English authority. We come + round here to the root of the whole matter. Were the + Restrictions on the power of the Irish Parliament real + and easily enforceable, were the obligations imposed + upon or undertaken by the Irish people obligations of + which an English Ministry could at once compel the + fulfilment, Restrictions and obligations alike would be + rendered futile and unreal by the presence of the Irish + members at Westminster. Every Home Rule scheme which + can be proposed is impolitic and is as dangerous as + Separation; but the most impolitic of all possible + forms of Home Rule is the scheme embodied in the Bill + of 1893. Its special and irremediable flaw is the + retention of the Irish members at Westminster. This + <a name="pg110" id="pg110"></a> governs and vitiates + all the leading provisions of the new constitution. + Under its influence every conceivable safeguard, the + supreme authority of Parliament, the veto, the legal + restrictions on the competence of the Irish legislature + melt away into nothing. + </p> + <p> + They are some of them capable of doing harm, they are + none of them capable of doing good. + </p> + <p> + Cast a glance back at the leading features of the new + constitution. + </p> + <p> + The Imperial Parliament remains in form unchanged, and + retains the attribute of nominal sovereignty. But in + Ireland the Imperial Parliament surrenders all, or + nearly all, the characteristics of true and effective + power; it retains in fact in Ireland nothing more than + the right to effect under the semblance of a legal + proceeding a revolution which after all must be carried + out by force. For practical purposes it has no more + power at Dublin than it has at Melbourne, <span class= + "hi" style="font-style: italic;">i.e.</span> it retains + at Dublin scarcely any real power whatever. + </p> + <p> + For the sake of this nominal and shadowy authority the + Imperial Parliament is itself transformed into a + strange cross between a British Parliament and the + Congress of an Anglo-Irish Federation. + </p> + <p> + The Irish Executive and the Irish Parliament become + under the new constitution the true and real Government + of Ireland. But the Irish Government and the Irish + people are fettered by Restrictions which would not be + borne by the Government or the people of a + self-governing colony. These Restrictions <a name= + "pg111" id="pg111"></a> are ineffective to bind, but + they are certain to gall, and if taken together with + onerous financial obligations to Great Britain, which + whether just or not must have an air of hardness, and + with the habitual presence in Ireland of a British army + under the direction of the British Executive, lay an + ample foundation for the most irritating of conflicts. + </p> + <p> + The new constitution, lastly, places in the hands of + the Irish people ample means for constitutional or + extra-constitutional resistance to Imperial, or in fact + to English, power, and almost ensures the success of + Ireland in any constitutional conflict. The presence of + the Irish members at Westminster saves, or proclaims, + the nominal sovereignty of the Imperial Parliament; but + their presence in truth makes this sovereignty + unexercisable, and therefore worthless, and while + increasing the apparent power ensures the real weakness + of England. + </p> + </div> + </div> + </div> + <hr class="page" /> + <a name="pg112" id="pg112"></a> + <div> + <a name="toc_42" id="toc_42"></a> + <h2> + Chapter III—Why The New Constitution Will Not Be A + Settlement Of The Irish Question + </h2> + <p> + '<span class="hi" style="font-style: italic;">We believe + that this measure [the Home Rule Bill] when improved in + Committee will be, at all events in our time, a final + settlement of the Irish question</span>.'<a href= + "#note_95"><span class="footnoteref">95</span></a> + </p> + <p> + 'Five speeches were made from the Irish benches ... there + was not one of those speeches which fell short of what we + have declared to be in our opinion necessary for the + acceptance of this Bill. That is where we look for a + durable and solid statement as to finality. We find the + word <span class="hi" style= + "font-style: italic;">finality</span> not even eschewed by + the generous unreserve of the honourable member for North + Longford<a href="#note_96"><span class= + "footnoteref">96</span></a> who attached the character of + finality to the Bill.... What said the honourable member + for Kerry<a href="#note_97"><span class= + "footnoteref">97</span></a> last night? He said, + "<span class="hi" style="font-style: italic;">This is a + Bill that will end the feud of ages</span>" This is exactly + what we want to do. That is what I call acceptance by the + Irish members of this Bill.... <span class="hi" style= + "font-style: italic;">What we mean <a name="pg113" id= + "pg113"></a> by this Bill is to close and bury a + controversy of seven hundred years.'</span><a href= + "#note_98"><span class="footnoteref">98</span></a> + </p> + <p> + This hope of ending the feud of ages has been for years + dangled by Gladstonians before the English electorate. It + has gained thousands of votes for Home Rule. But it is + doomed to disappointment. The new constitution will never + be a settlement of the Irish question: and this for three + reasons, which can be definitely stated and easily + understood. + </p> + <p> + <span class="hi" style="font-style: italic;">First.</span> + The new constitution satisfies neither Ireland nor England. + </p> + <p> + It does not satisfy Ireland. + </p> + <p> + Ulster, Protestant Ireland, and indeed, speaking generally, + all men of property in Ireland, whether Protestant or + Catholic, detest Home Rule. They hate the new constitution, + they protest against the new constitution, they assert that + they will to the utmost of their ability resist the + introduction and impede the working of the new + constitution. Their abhorrence of Home Rule may be + groundless, their threats may be baseless; their power to + give effect to their menaces may have no existence. All + that I now contend is that the strongest, and the most + energetic, part of Irish society is in fact and in truth + bitterly opposed, not only to the details, but to the + fundamental principle, of the new polity. It avails nothing + to urge that the Protestants and the educated Catholics are + in a minority. This plea shows that in Parliament they can + be outvoted; <a name="pg114" id="pg114"></a> it does not + show that they will, or can, be pacified by a policy which + runs counter to their traditions, their interests, and + their sentiment. You cannot vote men into content, you + cannot coerce them into satisfaction. Let us look facts in + the face. The measure which is supposed to gratify Ireland + satisfies at most a majority of Irishmen. This may be + enough for a Parliamentary tactician, it is not enough for + a far-seeing statesman or a man of plain common sense. When + we are told a minority are filled with discontent, we must + ask who constitute the minority. When we find that the + minority consists of men of all descriptions and of all + creeds, that they represent the education, the + respectability, the worth, and the wealth of Ireland, we + must be filled with alarm. Wealth, no doubt, is no certain + sign of virtue, any more than poverty can be identified + with vice; a rich man may be a scoundrel, and a poor man + may be an honour to the human race, but the world would be + much worse constituted than it is, if the possession of a + competence were not connected with honesty, energy, + adherence to duty, and every other civic virtue. When it is + said or admitted by Gladstonians that the propertied + classes of Ireland are against Home Rule we know what this + means; it means that the energy of Ireland is against Home + Rule, that the honesty of Ireland is against Home Rule, + that the learning of Ireland is against Home Rule, that all + that makes a nation great is against Home Rule, and that + the Irishmen most entitled to our respect and honour + implore us not to force upon them the curse of Home Rule. + This is no <a name="pg115" id="pg115"></a> trifle. Let us + at any rate have done with phrases; let us admit that the + satisfaction of Ireland means merely the satisfaction of a + class, though it may be the most numerous class of + Irishmen, and that it also means the bitter discontent of + the one class of Irishmen who are specially loyal to Great + Britain. If we are closing one feud we are assuredly + opening another feud which it may at least be as hard to + heal. + </p> + <p> + But is it true that even the Home Rulers of Ireland are + satisfied? Their representatives indeed accept the new + constitution. Their acceptance may well, as far as + intention goes, be honest. Mr. Davitt, I dare say, when he + sentimentalises in the House of Commons about his affection + for the English democracy, is nearly, though not quite, as + sincere as when he used to express passionate hatred of + England.<a href="#note_99"><span class= + "footnoteref">99</span></a> But acquiescence is one thing, + satisfaction is another. There is every reason why the + Irish members should acquiesce in the new constitution. + They obtain much, and they gain the means of getting more. + Quite possibly they feel grateful. But their gratitude is + not the gratitude of Ireland, and gratitude is hardly a + sentiment possible, or indeed becoming, to a nation. + </p><a name="pg116" id="pg116"></a> + <p> + England saved Portugal and Spain from the domination of + France. Do we find that Portuguese and Spaniards gladly + subordinate their interests to the welfare of England? + France delivered Italy from thraldom to Austria; French + blood paid the price of Italian freedom. Yet France is + detested from one end of Italy to the other, whilst + Italians rejoice in the alliance with Austria. In all this + there is nothing unreasonable and nothing to blame. Policy + is not sentimentality, and the relations of peoples cannot + be regulated in the same manner as the relations of + individuals. Thirty, twenty, ten, five years hence all the + sentiment of the year 1893 will have vanished. Irish + content and satisfaction must, if it is to exist at all, + rest on a far more solid basis than the hopes, the words, + the pledges, or the intentions of Mr. M'Carthy, Mr. Sexton, + or Mr. Davitt. Note that their satisfaction is even now of + a limited kind. It absolutely depends on the new + constitution being worked exactly in the way which they + desire. The use of the veto, legislation for Ireland by the + Imperial Parliament, any conflict between the wish of + England and the wish, I do not say of Ireland, but of the + Irish Nationalists, must from the nature of things put an + end to all gratitude or content. But we may go further than + this: the new constitution contains elements of discord. It + denies to Ireland the rights of a nation; it does not + concede to her the full privileges of colonial + independence. No genuine Nationalist can really acquiesce + in the prohibition of Ireland's arming even in + self-defence. Where, again, is the Nationalist <a name= + "pg117" id="pg117"></a> who is prepared to say that he will + not if the Bill is passed demand that every conspirator and + every dynamiter, who is suffering for the cause of Ireland, + shall be released from prison? Is it credible that the Land + Leaguers have forgotten what is due to the wounded soldiers + of their cause? Are they prepared to forget the imperative + claims of evicted tenants or imprisoned zealots?<a href= + "#note_100"><span class="footnoteref">100</span></a> I + cannot believe it. + </p><a name="pg118" id="pg118"></a> + <p> + But if they are so base as to forget what is due to their + friends and victims, what trust could England place in the + permanence of any sentiment expressed by such men with + however much temporary fervour and however much apparent + honesty? If, as I am convinced, the Irish leaders are not + prepared to betray the fanatics or ruffians who have + trusted and served them, then with what content does + England look on the prospect of a general amnesty for + criminals or of lavish rewards for breach of contract and + the defiance of law? + </p> + <p> + But in truth the new constitution provides for the general + discontent, not of one class of Irishmen, but of the whole + Irish people. + </p> + <p> + Home Rule is at bottom federalism, and the successful + working of a federal government depends on the observation + by its founders of two principles. The first is that no one + State should be so much more powerful than the rest as to + be capable of vying in strength with the whole, or even + with many of them combined.<a href="#note_101"><span class= + "footnoteref">101</span></a> The second is that the federal + power should never if possible come into direct conflict + with the authority of any State. Each of these well-known + principles has, partly from necessity and partly from want + of skill, been violated by the constructors of the spurious + federation which is to be miscalled the United Kingdom. The + confederacy will consist of two States; the one, England, + to use popular but highly significant language, in wealth, + in population, and in prestige immensely outweighs the + <a name="pg119" id="pg119"></a> other, Ireland. And by an + error less excusable because it might have been avoided, + the power of the central government will be brought into + direct conflict with the authority of the Irish State. Read + the Bill as it should be read by any one who wishes to + understand the working of the new constitution, and + throughout substitute 'England' for the term 'United + Kingdom.' Note then what must be the operation of the + constitution in the eyes of an Irishman. The federal power + is the power of England. An English Viceroy instructed by + an English Ministry will veto Bills passed by an Irish + Parliament and approved by the Irish people. An English + court will annul Irish Acts; English revenue officers will + collect Irish customs, and every penny of the Irish customs + will pass into the English Exchequer. An English army + commanded by English officers, acting under the orders of + English ministers, will be quartered up and down Ireland, + and, in the last resort, English soldiers will be employed + to wring money from the Irish Exchequer for the rigorous + payment of debts due from Ireland to England. Will any + Irishman of spirit bear this? Will not Irishmen of all + creeds and parties come to hate the constitution which + subjects Ireland to English rule when England shall have in + truth been turned into an alien power? + </p> + <p> + The new constitution does not in any case satisfy England. + </p> + <p> + That England is opposed to Home Rule is admitted on all + hands; that England has good reason to oppose the new form + of Home Rule with very special bitterness <a name="pg120" + id="pg120"></a> is apparent to every Unionist, and must + soon become apparent to any candid man, whether Gladstonian + or Unionist, who carefully studies the provisions of the + new constitution, and meditates on the effect of retaining + Irish representatives in the Parliament at Westminster. For + my present purpose there is no need to establish that + English discontent is reasonable; enough to note its + existence. + </p> + <p> + A consideration must be here noticed which as the + controversy over Home Rule goes on will come into more and + more prominence. We are engaged in rearranging new terms of + union between England and Ireland; this is the real effect + of the Home Rule Bill; but for such a rearrangement Great + Britain and Ireland must in fairness, no less than in + logic, be treated as independent parties. Whether you make + a Union or remodel a Union between two countries the + satisfaction of both parties to the treaty is essential. + Till England is satisfied the new constitution lacks moral + sanction. That the Act of Union could not have been carried + without, at any rate, the technical assent both of Great + Britain and Ireland is admitted, and yet the moral validity + of the Treaty of Union is, whether rightly or not, after + the lapse of ninety-three years assailed, on the ground + that the assent of Ireland was obtained by fraud and undue + influence. But if the separate assent of both parties was + required for the making of the treaty, so the free assent + of both must be required for its revision, and the + politicians who force on Great Britain the terms of a + political <a name="pg121" id="pg121"></a> partnership which + Great Britain rejects, repeat in 1893 and in an aggravated + form the error or crime of 1800.<a href= + "#note_102"><span class="footnoteref">102</span></a> + </p> + <p> + <span class="hi" style= + "font-style: italic;">Secondly</span>. The new constitution + rests on an unsound foundation. + </p> + <p> + It is a topsy-turvy constitution, it aims at giving + weakness supremacy over strength. + </p> + <p> + The main, though not the sole, object of a well-constituted + polity is to place political power (whilst guarding against + its abuse) in the hands of the men, or body of men, who + from the nature of things, <span class="hi" style= + "font-style: italic;">i.e.</span> by wealth, education, + position, numbers, or otherwise, form the most powerful + portion of a given state. The varying forms of the English + Constitution have, on the whole, possessed the immense + merit of giving at each period of our history political + authority into the hands of the class, or classes, who made + up the <a name="pg122" id="pg122"></a> true strength of the + nation. Right has in a rough way been combined with might. + Wherever this is not the case, and genuine power is not + endowed with political authority, there exists a sure cause + of revolution; for sooner or later the natural forces of + any society must assert their predominance. No institution + will stand which does not correspond with the nature of + things. Vain were all the efforts of party interest or of + philanthropic enthusiasm to give to the Blacks political + predominance in the Southern States. Votes, ballot boxes, + laws, federal arms, all were in vain. By methods which no + man will justify, but which no power could resist, the + Whites have re-acquired political authority. The nature of + things could not be made obedient to the dogmas of + democratic equality. Now the gravest flaw of the new + constitution, the disease from which it is certain to + perish, is that, in opposition to the forces which + ultimately must determine the destiny of the United + Kingdom, it renders the strong elements of the community + subordinate to the weak. + </p> + <p> + In Ireland Dublin is made supreme over Belfast, the South + is made not the equal, but in effect the master of the + North; ignorance is given dominion over education, poverty + is allowed to dispose of wealth. If Ireland were an + independent state, or even a self-governed British colony, + things would right themselves. But the politicians who are + to rule in Dublin will not depend upon their own resources + or be checked by a sense of their own feebleness. They will + be constitutionally and legally <a name="pg123" id= + "pg123"></a> entitled to the support of the British army; + they will constitute the worst form of government of which + the world has had experience, a government which relying + for its existence on the aid of an external power finds in + its very feebleness support for tyranny. Murmurs are + already heard of armed resistance. These mutterings, we are + told, are nothing but bluster. It is at any rate that sort + of "bluster" at which the justice and humanity of a loyal + Englishman must take alarm. I have not yet learnt to look + without horror on the possibility of civil war, nor to + picture to myself without emotion the situation of brave + men compelled by the British army to obey rulers whose + moral claim to allegiance they justly deny and whose power + unaided by British arms they contemn. Civil warfare created + by English policy and despotism maintained by English arms + must surely be to any Englishman objects of equal + abhorrence. + </p> + <p> + But in England no less than in Ireland our new constitution + gives artificial power to weakness. At Westminster the + Irish members, be they 80 or 103, will have no legitimate + place. Mr. Gladstone on this point is, for aught I know, at + one with the Unionists. In 1886 he without scruple, and + therefore no doubt without any sense of injustice, expelled + the representatives of Ireland from the British Parliament. + In 1893 he brings them back to Westminster. But his words + betray his hesitation. He expects, may we not say he hopes, + that they will remain in Ireland and on their occasional + visits to London have the <a name="pg124" id="pg124"></a> + good sense and good taste not to interfere in British + affairs. Few are the persons who share these anticipations. + If they are to be realised they must be embodied in the + constitution; the Premier might at this moment without + shame, and without regret, revert to the better policy of + 1886. On his present policy we all know that his + expectations will not be fulfilled. The voluntary absence + of the Irish members from Westminster is as vain a dream as + the fancy that Ireland under Home Rule may suffer from a + plethora of money. To Westminster the Irish members will + come. If they do not come of their own accord they will be + fetched by allies who need their help. At Westminster they + will hold the balance of parties, and will while the + constitution lasts rule the destiny of England with a sole + regard at best to the immediate interest of Ireland, at + worst to the interests of an Irish faction. To Ireland will + be given power without responsibility, to England will + belong responsibility without power. Nor will the unnatural + subjection of a great, a flourishing, a wealthy, and a + proud country to a weaker and poorer neighbour be rendered + the more bearable by the knowledge that the ill-starred + supremacy of Ireland means, in England, the equally + unnatural and equally ominous predominance of an English + faction, which, since it needs Irish aid, does not command + England's confidence. Radicals or revolutionists will in + the long run have bitter cause to regret an arrangement + which identifies their political triumph with England's + humiliation. + </p><a name="pg125" id="pg125"></a> + <p> + <span class="hi" style= + "font-style: italic;">Thirdly</span>. The new constitution + is based on a play of words which conceals two + contradictory interpretations of its character.<a href= + "#note_103"><span class="footnoteref">103</span></a> + </p> + <p> + The supremacy of the Imperial Parliament means to Irish + Home Rulers and to most Gladstonians that Ireland shall + possess colonial independence.<a href= + "#note_104"><span class="footnoteref">104</span></a> It + means to Unionists and to many electors who can hardly be + called either Unionists or Gladstonians, that the British + Parliament, or, in other words, England, shall retain the + real, effective, and even habitual control of Irish + affairs. In the one sense it means only that Ireland shall + remain part of the British Empire, in the other that + Ireland shall still be part of the United Kingdom. And, + what is of great importance, the mass of Englishmen waver + between these two interpretations of Imperial supremacy. + When they think of Home Rule as satisfying Ireland, they + hold that it gives Irishmen everything which they can + possibly ask. When they think of Home Rule as not + dismembering the United Kingdom, they fancy that it leaves + to the British Parliament all the real authority which + Parliament can possibly require. + </p> + <p> + This difference of interpretation lays the foundation of + misunderstanding, but it does far more harm than this. It + must keep Irish Nationalists alarmed, and not without + reason, for the permanence of the independence <a name= + "pg126" id="pg126"></a> which they may have obtained. A + change of feeling or a change of party may cause the + Imperial Parliament to assert its reserved authority. + England keeps her pledges.<a href="#note_105"><span class= + "footnoteref">105</span></a> Yes, but here it is not a mere + question of good faith. When two contractors each from the + beginning put <span class="hi" style= + "font-style: italic;">bona fide</span> a different + interpretation upon their contract, neither of them is + chargeable with dishonesty for acting in accordance with + his own view of the agreement. The spirit of Unionism and + the spirit of Separation will survive the creation of the + new constitution. Under one form or another Unionists will + be opposed to Federalists and it is more than possible, + should the Bill pass, that the division of English parties + may turn upon their reading of the Irish Government Act, + 1893. + </p> + <p> + The possibility, again, that the Parliament at Westminster + may assert its reserved authority, if it raises the fears + of Irishman, may excite the hopes of English politicians. + If at any time the supremacy of Ireland becomes unbearable + to British national sentiment, or if the condition of + Ireland menaces or is thought to menace English interests, + the new constitution places <a name="pg127" id="pg127"></a> + in the hands of a British majority a ready-made weapon for + the restoration of British power. The result might be + attained without the necessity for passing any Act of + Parliament, or of repealing a single section of the Irish + Government Act, 1893. A strong Viceroy might be sent to + Ireland; he might be instructed not to convoke the Irish + Parliament at all; or, having convoked, at once to prorogue + it. He might thereupon form any Ministry he chose out of + the members of the Irish Privy Council. The Imperial + Parliament would at once resume its present position and + could pass laws for Ireland. This might be called + revolution or reaction. For my argument it matters not two + straws by what name this policy be designated. The scheme + sketched out is not a policy which I recommend. My + contention is not that it will be expedient—this is a + matter depending upon circumstances which no man can + foresee—but that it will be strictly and absolutely + legal. + </p> + <p> + The supremacy of the Imperial Parliament, combined with the + presence of the Irish members at Westminster, will thus by + a curious fatality turn out a source at once of permanent + disquietude to Ireland and of immediate, if not of + permanent, weakness to England. + </p> + <p> + Our New Constitution is not made to last Home Rule does not + close a controversy; it opens a revolution. + </p> + <p> + No one in truth expects that the new constitution will + stand. Its very builders hesitate when they <a name="pg128" + id="pg128"></a> speak of its permanence,<a href= + "#note_106"><span class="footnoteref">106</span></a> and + are grateful for the generous credulity of a friend who + believes in its finality. Nor is it hard to conjecture (and + in such a matter nothing but conjecture is possible) what + are the forces or tendencies which threaten its + destruction. + </p> + <p> + If Ireland is discontented Irishmen will demand either the + extension of federalism or separation. In every federal + government the tendency of the States is to diminish as far + as possible the authority of the federal power. But this + tendency will be specially strong in the grotesque + Anglo-Irish federation, since the federal power will be + nothing but the predominance of England. The mode of + weakening the federal authority is only too obvious. 'The + more there is of the more,' says a profound Spanish + proverb, 'the less there is of the less.' The more the + number of separate States in the confederacy, the less will + be the weight of England, and the greater the relative + authority of Ireland. Let England, Scotland, and Wales + become separate States, let the Channel Islands and Man, + and, if possible, some colonies, be added to the + federation, and as the greatness of England dwindles so the + independence of Ireland will grow. + </p> + <p> + Some seven years ago Sir Gavan Duffy predicted that before + ten years had elapsed there would be a <a name="pg129" id= + "pg129"></a> federation of the Empire.<a href= + "#note_107"><span class="footnoteref">107</span></a> Like + other prophets he may have antedated the fulfilment of his + prediction, but his dictum is the forecast of an + experienced politician—it points to a pressing + danger. Home Rule for Ireland menaces the dissolution of + the United Kingdom, and the unity of the United Kingdom is + the necessary condition for maintaining the existence of + the British Empire. Home Rule is the first stage to + federalism. + </p> + <p> + But Irish discontent, should it not find satisfaction in a + movement for federalism, will naturally take the form of + the demand for colonial or for national independence. You + cannot play with the spirit of political nationality. The + semi-independence of Ireland from England, combined with + the undue influence of Ireland in English politics, is + certain to produce both unreasonable and reasonable grounds + for still further loosening the tie which binds together + the two islands. The cry 'Ireland a nation' is one of which + no Irishman need be ashamed, and to which North and South + alike, irritated by the vexations of a makeshift + constitution, are, as I have already insisted, likely + enough to rally. + </p> + <p> + Nor is it certain that Irish Federalists or Irish + Nationalists will not obtain allies in England. The + politicians who are content with a light heart to destroy + the work of Pitt may, for aught I know, with equal levity, + annul the Union with Scotland and undo the work of Somers, + or by severing Wales <a name="pg130" id="pg130"></a> from + the rest of England render futile the achievement of the + greatest of the Plantagenets. Enthusiasts for 'Home Rule + all round' would appear to regard their capacity for + destroying the United Kingdom as a proof of their ability + to build up a new fabric of Imperial power, and to fulfil + their vain dreams of a federated Empire. Sensible men may + doubt whether a turn for revolutionary destruction is any + evidence that politicians possess the rare gift of + constructive statesmanship. And should the working of the + new constitution confirm these doubts, persons of prudence + will begin to perceive that Irish independence is for both + England and Ireland a less evil than the extension of + federalism. + </p> + <p> + The natural expression however of English discontent or + disappointment is reactionary opposition. Reaction, or the + attempt of one party in a state to reverse a fundamental + policy deliberately adopted by the nation, is one of the + worst among the offspring of revolution, and is almost, + though not entirely, unknown to the history of England. Yet + there is more than one reason why if the Home Rule Bill be + carried, reaction should make its ill-omened appearance in + the field of English public life. The policy of Home Rule, + even should it be for the moment successful, lacks the + moral sanctions which have compelled English statesmen to + accept accomplished facts. The methods of agitation in its + favour have outraged the moral sense of the community. Mr. + Gladstone's victory is the victory of Mr. Parnell, and the + triumph of Parnellism is the triumph of conspiracy, and of + <a name="pg131" id="pg131"></a> conspiracy rendered the + more base because it was masked under the appearance of a + constitutional movement. Neither the numbers nor the + composition of the ministerial majority are impressive. The + tactics of silence, evasion, and ambiguity may aid in + gaining a parliamentary victory, but deprive the victory of + that respect for the victors on the part of the vanquished + which, in civil contests at any rate, alone secures + permanent peace. But the pleas and justifications for + reaction are rarely its causes. If Englishmen attempt to + bring about the legal destruction of the new constitution, + their action will be produced by a sense of the false + position assigned to England. No device of statesmanship + can stand which is condemned by the nature of things. The + predominance of England in the affairs of the United + Kingdom is secured by sanctions which in the long run can + neither be defied nor set aside; the constitution which + does not recognise this predominance is doomed to ruin. + That its overthrow would be just no one dare predict; the + future is as uncertain as it is dark. A main reason why a + wise man must deprecate the weak surrender by Englishmen of + rightful power is the dread that, if in a moment of + irritation they reassert their strength, they may exhibit + neither their good faith nor their justice. + </p> + </div><a name="pg132" id="pg132"></a> + <hr class="page" /> + <div> + <a name="toc_43" id="toc_43"></a> + <h2> + Chapter IV—Pleas For The New Constitution + </h2> + <p> + Gladstonians when pressed with the manifest objections to + which the new constitution is open rely for its defence + either upon general considerations intended to show that + the criticisms on the new constitution are in themselves + futile, or upon certain more or less specific arguments, of + which the main object is to establish that the policy of + Home Rule is either necessary or at least free from danger, + and that, therefore, this policy and the new constitution + in which it is to be embodied deserve a trial. + </p> + <p> + My object in this chapter is to examine with fairness the + value both of these general considerations and of these + specific arguments. + </p> + <p> + The general considerations are based upon the alleged + prophetic character of the criticisms on the new + constitution or upon the anomalies to be found in the + existing English constitution. + </p> + <p> + Ministerialists try to invalidate strictures on the Home + Rule Bill, such as those set forth in the foregoing pages, + by the assertion that the objections <a name="pg133" id= + "pg133"></a> are mere prophecy and therefore not worth + attention. + </p> + <p> + This line of defence may, as against Home Rulers, be + disposed of at once by an <span class="hi" style= + "font-style: italic;">argumentum ad hominem</span>. No + politicians have made freer use of prediction. Every + Gladstonian speech is in effect a statement that is a + prophecy of the benefits which Home Rule will confer on the + United Kingdom. Gladstonian anticipations no doubt are + prophecies of future blessings; but whoever foretells the + future is equally a prophet, whether he announces the end + of the world or foretells the dawn of a millennium. And + history affords no presumption in favour of the prophet who + prophesies smooth things. The prognostics of a pessimist + may be as much belied by the event as the hopes of an + optimist. But for one prophet to decry the predictions of + another simply as prophecies is a downright absurdity. Even + among rival soothsayers some regard must be had to fairness + and common sense; when Zedekiah, the son of Chenaanah, + smote Micaiah on the cheek, he struck him not on the ground + that he prophesied but that his gloomy predictions were + false. Zedekiah was an imposter, he was not a fool, and + after all Micaiah, who prophesied evil and not good, turned + out the true prophet. + </p> + <p> + But an <span class="hi" style= + "font-style: italic;">argumentum ad hominem</span> is never + a satisfactory form of reasoning, and it is worth while + considering for a moment what is the value of prophecy or + foresight in politics. Candour compels the admission that + anticipations of the future are at <a name="pg134" id= + "pg134"></a> best most uncertain. Cobden and Bright + foretold that Free Trade would benefit England; they also + foretold that the civilised world would, influenced by + England's example, reject protective tariffs. Neither + anticipation was unreasonable, but the one was justified + whilst the other was confuted by events. All that can be + said is that on such anticipations, untrustworthy though + they may be, the conduct no less of public than of private + life depends. Criticism on anything that is new and + untried, whether it be a new-built bridge or a new-made + constitution, is of necessity predictive. But there is an + essential difference between foresight and guessing. The + prevision of a philosophic statesman is grounded on the + knowledge of the past and on the analysis of existing + tendencies. It deals with principles. Such, for example, + was the foresight of Burke when he dogmatically foretold + that the French Constitution of 1791 could not + stand.<a href="#note_108"><span class= + "footnoteref">108</span></a> Guessing is at best based on + acute observation of the current events of the day, that is + of things which are in their nature uncertain. On January + 29, 1848, Tocqueville analysed the condition of French + society, and in the Chamber of Deputies foretold the + approach of revolution.<a name="pg135" id="pg135"></a> On + February 21, 1848, Girardin said that the monarchy of July + would not last three days longer. February 24 verified the + insight and foresight of the statesman, and proved that the + journalist was an acute observer. The difference is worth + consideration. Tocqueville's prophecy would in all + probability have been substantially realised had Louis + Philippe shown as much energy in 1848 as in 1832, and had + the Orleanist dynasty reigned till after his death. + Girardin's guess would not have been even a happy hit if + one of a thousand accidents had averted the catastrophe of + February 24. The worth of the arguments against or for the + new constitution depends upon the extent to which they are + based upon a mastery of general principles and upon a sound + analysis of the conditions of the time, and in these + conditions are included the character of the English and of + the Irish people. But to object to criticisms simply as + prophecies is to reject foresight and to forbid politicians + who are creating a constitution for the future to consider + what will be its future working. + </p> + <p> + Another Gladstonian argument is that because the English + constitution itself is full of paradoxes, peculiarities, + and anomalies, therefore the contradictions or anomalies + which are patent in the new constitution (such for example + as the retention of the Irish members at Westminster) are + of no importance. + </p> + <p> + The fact asserted is past dispute. Our institutions are + based upon fictions. The Prime Minister, the <a name= + "pg136" id="pg136"></a> real head of the English Executive, + is an official unknown to the law. The Queen, who is the + only constitutional head of the Executive, is not the real + head of the Government. The Crown possesses a veto on all + legislation and never exercises it; the House of Lords + might, if the House pleased, reject year by year every Bill + sent up to it by the House of Commons; yet such a course of + action is never actually pursued and could not be dreamt of + except by a madman. There is no advantage in exemplifying + further a condition of things which must be known to every + person who has the slightest acquaintance with either the + law, or the custom, of the constitution. But the inference + which Gladstonian apologists draw from the existence of + anomalies is, in the strict sense of the word, + preposterous. On the face of the matter it is a strange way + of reasoning to say that because the constitution is filled + with odd arrangements which no man can justify in theory, + you therefore, when designing a new constitution, should + take no care to make your arrangements consistent and + harmonious. But the Gladstonian error goes a good deal + deeper than is at first sight apparent. The anomalies or + the fictions of the constitution are in reality + adaptations, often awkward enough in themselves, of some + old institution, and are preserved because, though they + look strange, they are found to work well. Thus the King of + England was at one time the actual sovereign of the State, + or at any rate the most important member of the sovereign + power, and the Ministers were in reality, what they are + still in name, the King's <a name="pg137" id="pg137"></a> + servants. The powers of the Crown have been greatly + diminished, and have been transferred in effect to the + Houses of Parliament, or rather to the House of Commons, + and the Ministers taken from the Houses are in fact, though + not in name, servants of Parliament. This arrangement + leaves an undefined and undefinable amount of authority to + the Crown. It is not an arrangement which any man would + have planned beforehand; but it is kept up, not because it + is an anomaly, but because it has, as a matter of + experience, turned out convenient. What even plausible + argument can thence be drawn to show that a new + constitutional arrangement, on the face of it awkward and + inconvenient, will for some unknown reason turn out + workable and beneficial? He who reasons thus, if reasoning + it can be called, might as well argue that because an old + shoe which has gradually been worn to the form of the foot + is comfortable, therefore a shoemaker need not care to make + a new shoe fit. + </p> + <p> + These two general replies to strictures on the new + constitution are in themselves of no worth whatever. They + deserve examination for two reasons only. They are, in + various shapes, put forward by politicians of eminence, + they exhibit further in a clear form a defect which mars a + good deal of Gladstonian reasoning. Ministerialists seem to + think that arguments good for the purpose of conservatism + are available for the purpose of innovation. This is an + error. A conservative reasoner may urge the uncertainty of + all prevision, or the fact that the actual constitution, + <a name="pg138" id="pg138"></a> though theoretically absurd + or imperfect, works well, as reasons of some weight, though + not of overwhelming weight, for leaving things as they are, + but it must puzzle any sensible man to see how either the + uncertainty of prevision or the fair working of existing + institutions can be twisted into reasons for taking a + political leap in the dark. + </p> + <p> + Let us dismiss then objections which as they are fatal to + all criticism are in reality ineffective against any + criticism of our new constitution. When this is done it + will be found that the Gladstonian pleas in favour of Home + Rule, for such are in reality their apologies for the new + constitution, may be brought under two heads. They are + intended to show, first, that the concession of + parliamentary independence to Ireland is a necessity, and, + secondly, that at worst it involves no danger.<a href= + "#note_109"><span class="footnoteref">109</span></a> + </p> + <div> + <a name="toc_44" id="toc_44"></a> + <h3> + A. <span class="hi" style="font-style: italic;">Necessity + for Home Rule</span>. + </h3> + <p> + That the concession of Home Rule to Ireland is a + necessity, forms the implied, if not always the asserted, + foundation of the case in favour of Gladstonian policy. + </p> + <p> + Ireland, it is argued, has for generations been + discontented and disloyal. Every sort of remedy has been + tried. The rule of the ordinary law, coercion, Protestant + supremacy, Catholic relief, the disestablishment of the + Anglican Church, the maintenance of the English land + tenure and English landlordism, <a name="pg139" id= + "pg139"></a> the introduction of a new system of land + tenure unknown to any other country in the world and more + favourable to tenants than the land law of any other + State in Europe, the removal of every grievance which + could be made patent to the Imperial Parliament, every + plan or experiment which could approve itself to the + judgment of English politicians has been tried, and no + scheme, however plausible, has ended in success. + Concession has proved as useless as severity, and the + existence in the Statute Book of a permanent Coercion Act + is a standing proof of failure. He who asserts that Irish + disloyalty or discontent has not declined understates the + case. It has increased. Grattan was a statesman of a more + exalted type than O'Connell, and Grattan was more zealous + for connection with England than was the Roman Catholic + tribune. And though in Grattan's time the grievances of + Ireland were in every man's judgment far more intolerable + than, even on the showing of Home Rulers, are the wrongs + which Ireland now endures, the Ireland of Grattan was + loyal to England. O'Connell was a nobler leader than + Parnell, and it would be absurd to suppose that any + Parnellite or Anti-Parnellite exerted a tenth of + O'Connell's influence. Yet Parnell and Parnell's + followers have achieved a feat which the hero of Catholic + emancipation could never accomplish; O'Connell never + obtained for Repeal more than half the votes of Ireland's + parliamentary representatives; Parnell and his followers + have rallied the vast majority of Irish members in + support of Home Rule. Meanwhile year by year the <a name= + "pg140" id="pg140"></a> government of England is + weakened, and (though the argument comes awkwardly from + the mouth of English constitutionalists who are allies + and friends of conspirators and boycotters) the morality + of English public life has been undermined, by the + presence at Westminster of Irish members who, regarding + the English Parliament as an alien power, weaken its + action, despise its traditions, and degrade its + character. One remedy for Irish miseries and for English + dangers has not been tried. No English statesman before + Mr. Gladstone (it is urged) has offered to Ireland the + one thing which Ireland desires—the boon or right + of parliamentary independence. Be the desire for Home + Rule reasonable or not, it is Home Rule for which Ireland + longs. Ireland feels herself a nation. Satisfy then + Ireland's wish, meet the feeling of nationality, and + Ireland will be at rest. This experiment must at least be + tried; its perils must be risked. The present situation + is intolerable, the concession of Home Rule to Ireland is + a necessity. + </p> + <p> + This, to the best of my apprehension, is the Gladstonian + argument. My aim has certainly been to state it fairly + and in its full force. + </p> + <p> + Is the argument valid? Is the plea of necessity made out? + The answer may be given without hesitation. It is not. + The allegations on which the whole train of reasoning + rests are tainted by exaggeration or misapprehension, and + the allegations, even if taken as true, do not establish + the required inference; the premises are unsound, and the + premises do not support the conclusion. + </p><a name="pg141" id="pg141"></a> + <p> + The premises are unsound. + </p> + <p> + The Gladstonians are far too much of parliamentary + formalists. Their imagination and their reason are + impressed by the strength in the House of Commons of the + Irish party. The eighty votes from Ireland daunt them. + But wise men must look behind votes at facts. The eighty + Irish Home Rulers are, it is true, no light matter, even + when allowance is made for the way in which corruption + and intimidation vitiate the vote of Ireland. But their + voice is not the voice of the Irish people; it is at most + the mutter or the clamour of a predominant Irish faction. + It is the voice of Ireland in the same sense in which a + century ago the shouts or yells of the Jacobin Club were + the voice of France. To any one who looks behind the + forms of the constitution to the realities of life, the + voice of Irish wealth, of Irish intelligence, and of + Irish loyalty is at least as important as the voice of + Irish sedition or discontent. The eighty votes must in + any case be reckoned morally at not more than sixty, for + to this number they would be reduced by any fair and + democratic scheme of representation. No one can be less + tempted than myself to make light of Irish turbulence and + Irish misery. But it must not be exaggerated. The + discontent of 1893 is nothing to the rebellion, sedition, + or disloyalty of 1782, of 1798, of 1829, or of 1848. If + Irishmen of one class are discontented, Irishmen of + another class are contented, prosperous, and loyal. The + protest of Irish Protestants—the grandsons of the + men who detested the Union—against the dissolution + of the <a name="pg142" id="pg142"></a> Union, is the + reward and triumph of Pitt's policy of Union. The eighty + Irish members ask for Home Rule, but the tenant farmers + of Ireland ask not for Home Rule but for the ownership of + the land; and the Irish tenant farmers will and may under + a Unionist Government become owners of their land, and, + what is no slight matter, may become owners by honest + means. Vain for Mr. M'Carthy<a href= + "#note_110"><span class="footnoteref">110</span></a> to + assert that Irish farmers would not have accepted even + from Mr. Parnell the most favourable of land laws in + exchange for Home Rule. Mr. M'Carthy believes what he + says, but it is impossible for any student of Irish + history or of Irish politics to believe Mr. M'Carthy. + Facts are too strong for him. Mr. Lalor showed a + prevision denied to our amiable novelist. Gustave de + Beaumont understood political philosophy better than the + lively recorder of the superficial aspects of recent + English history. Mr. Parnell and Mr. Davitt, and the + whole line of witnesses before the Special Commission, + tell a different tale. The very name of the <span class= + "hi" style="font-style: italic;">Land</span> League is + significant. Home Rule was a mere theme for academic + discussion in the mouth of Mr. Butt. Repeal itself never + touched the strongest passions of Irish nature, though + advocated by the most eloquent and popular of Irish + orators. Not an independent Parliament, but independent + ownership of land, has always been the desire of Irish + cultivators. It was a cry for the land which gave force + to the demand for Home Rule; and an Irish agitator, if + his strength fails, renews it by touching the earth. But + <a name="pg143" id="pg143"></a> why confine our + observation to Ireland? We here come upon the passions, + not of Irish nature, but of human nature. There is not a + landowner in France who does not care tenfold more for + the security of his land than for the form of the + government. If peasants trembled for their property the + Republic would fall to-morrow. This is no mere + conjecture; the peasantry were Jacobins as long as the + Jacobins gave them the land, they were Imperialists + whilst Napoleon was their security against a restoration + which to them meant confiscation of land purchased or + seized during the Revolution. The country population of + France heard with indifference of the fall of Louis + Philippe, and possibly approved the proclamation of the + second Republic. But the communism of 1848 roused every + landowner against Paris. The peasant proprietors filled + the benches of the National Assembly with Conservatives + or Reactionists who would save them from plunder; fear + became for once the cause of courage, and dread of loss + of property sent thousands of peasant proprietors to + Paris, that they might crush by force of arms the + socialist insurrection of June. Perjury, fraud, and + cruelty disgraced the <span class="hi" style= + "font-style: italic;">coup d'état</span> of 1851. But, as + Liberals now see, the second Empire, hateful though it + was to every man who loved freedom or cared for + integrity, did not owe the permanence of its power to + cunning or to violence. It was the dread of the Red + Spectre which drove the landowners of France into + Imperialism; they may have liked parliamentary liberty, + it was a pleasant luxury, but they loved their land and + property, it <a name="pg144" id="pg144"></a> was their + life-blood, and by Socialism their land and property was + they believed menaced. + </p> + <p> + As to the Coercion Act, no sensible man, be he Radical or + Tory, need trouble himself. The Criminal Law and + Procedure (Ireland) Act, 1887, is neither a disgrace to + England nor an injury to Ireland. Its permanence, which + is the cause of its mildness, is its merit. Well would it + have been had the Act been extended to the whole United + Kingdom. Local laws are open to some of the same + objections as temporary laws. The enactment contains some + improvements in our criminal procedure. There is no more + idle superstition than the belief that criminal procedure + does not, like other human arrangements, require change. + If incendiarism should become an element in the conduct + of trade disputes, if dynamite is to be recognised as a + legitimate arm in political conflicts, the criminal law + of the United Kingdom will, we may be sure, need and + receive several alterations and improvements. + </p> + <p> + By far the strongest portion of the Gladstonian argument + is the stress that can be laid on the demoralisation of + Parliament, produced partly, though not wholly, by the + Irish vote. This is a consideration which, as far as it + goes, tells in favour of Home Rule. It is, however, a + consideration of which the Gladstonian apologist for the + new constitution of 1893 [can] make no use. His reasoning + of necessity stands thus: + </p> + <p> + The presence of 80 Irish members at Westminster has + demoralised Parliament, therefore we must above all + things retain 80 or possibly 103 Irish members at + Westminster. He is placed in a hopeless dilemma; <a name= + "pg145" id="pg145"></a> he dare not draw the only + conclusion to which his argument points, namely, that the + Irish members must be excluded from the Parliament at + Westminster. By a strange fatality, the policy of 1823 + retrospectively condemns the policy of 1886, whilst the + very strongest argument in favour of the policy of 1886 + condemns the policy of 1893. + </p> + <p> + The premises, were they sound, do not support the + conclusion. + </p> + <p> + There exists undoubtedly such a thing in politics as + necessity. + </p> + <p> + When England acknowledged the independence of the + Thirteen Colonies, or when France surrendered Metz and + Strasburg, no one could talk of imprudence of impolicy. + The will of Englishmen and of Frenchmen was coerced by + the force of events. When all Protestant Ireland was in + arms, when the whole Irish nation demanded parliamentary + independence, when England had been defeated in America, + when France and Spain were allied against her, then the + acceptance of Grattan's declaration of right was in truth + a necessity. When Wellington became the supporter of + Catholic Emancipation because he would not face civil + war, when famine was at our gates and Peel repealed the + corn laws—then again politicians could plead the + excuse of necessity. In these and like crises the wisest + men and the bravest men are forced to recognise the logic + of facts; and necessity rather than prudence dictates the + course of statesmanship. But no such crisis has now + arisen. England and Ireland were as safe under the + government of Lord Salisbury <a name="pg146" id= + "pg146"></a> as under the government of Mr. + Gladstone—perhaps safer. No one except an extremely + excited and very rhetorical politician will venture to + assert that, if Lord Salisbury instead of Mr. Gladstone + had last summer gained a majority of forty, any man or + woman throughout the United Kingdom would have trembled + for the safety of the country. The sky is far less dark + than on that fearful day eleven years back<a href= + "#note_111"><span class="footnoteref">111</span></a> when + England stood aghast at the assassinations of the Phoenix + Park. Irish discontent is an immense evil, of which every + just man must deplore the existence; its removal would be + the greatest benefit which statesmanship could by any + possibility confer upon England. But the immediate + dealing with it in a particular way is not a necessity. + Were the Home Rule Bill, and every Home Rule Bill, + rejected by Parliament, the United Kingdom would be as + safe as it has been at any time for the last ninety years + and more. + </p> + <p> + In plain truth we have all of us forgotten the meaning of + necessity. Gladstonians have come honestly to confuse the + needs of a party with the necessities of the country. + This is a delusion that at all times and in all lands + affects great political connections which, having once + rendered high services to the nation, have outlived the + valid reasons for their existence. The Republicans saved + the United States from disruption. Hence in 1888, when + Secession was an historical memory, many of the most to + be respected among Americans believed that the rule of an + honest Democrat was a worse evil than the rule of a + corrupt <a name="pg147" id="pg147"></a> Republican. + Thousands of Frenchmen, amidst the moral bankruptcy of + Republican politicians, still hold that, because + Republicans years ago saved France from ruin, even + reconciled Conservatives cannot in the year 1893 be + placed in office without danger to the commonwealth. So + it is abroad; so it has been in England. In 1760 the best + and wisest of English statesmen deemed it impossible that + England should be rightly governed by any politicians but + the representatives of the Revolution Families. In 1829 + honest citizens trembled at the thought of power passing + into the hands of the Whigs; for the Tories had ruled for + nearly sixty years, and the Tories had preserved England + from revolution and invasion. So at this moment to many + well-meaning Liberals the long predominance of the + Liberal party makes the possibility of a Cabinet + containing politicians who may in any sense be called + Tories seem a monstrous calamity, which it is a necessity + to avert. Vain to point out that Lord Salisbury and Mr. + Balfour are such Tories as Eldon would have called + Jacobins and Lord Melbourne Radicals, and that, they are + allied with the best and most trustworthy of living + Liberal leaders. Their is no arguing with sentiment; it + is necessary to keep the Gladstonian Liberals in office, + and the constitution must be sacrificed in order that + Lord Salisbury may not resume the Premiership. But there + is a deeper cause than all this for our strange ideas of + necessity. Habitual ease and unvarying prosperity have + for a moment lowered the national spirit. Englishmen + confuse inconveniences with dangers; they have forgotten + what real <a name="pg148" id="pg148"></a> peril is; they + cannot understand the calmness with which, not a century + ago, their fathers resisted at once insurrection in + Ireland and the most powerful foreign enemy who has ever + challenged the power of England, and this too at a time + when the population of Great Britain was not above nine + millions and the people of Ireland numbered more than + four millions, when France was the leading military power + of the world, and Ireland might at any moment receive the + aid of a French army led by one of the best French + generals. The men of 1798 or 1800 would mock at our ideas + of necessity. Ireland has not an eighth of the population + of the United Kingdom; our Home Rulers are not Ireland; + they are a very different thing—the Irish populace. + Let us yield everything which ought to be yielded to + justice; let us obey the dictates of expediency, which is + only justice looked at from another side; let us concede + much to generosity; but in the name of common sense, of + honesty, and of manliness, let us hear no more of + necessity. Once in an age necessity may be the defence of + statesmanship forced to confess its own blindness, but it + is far more often the plea of tyranny, of ambition, of + cowardice, or despair. + </p> + </div> + <div> + <a name="toc_45" id="toc_45"></a> + <h3> + B. <span class="hi" style="font-style: italic;">No danger + in Home Rule</span>. + </h3> + <p> + The arguments which are employed to show that the policy + of Home Rule and the new constitution which embodies it + involve no danger for England are in the main drawn from + the 'Safeguards' or Restrictions contained in the + Bill—from the alleged precedent of Grattan's + Constitution—from the success of Home Rule in other + parts <a name="pg149" id="pg149"></a> of the + world—and, generally, from the expediency of + trustfulness. + </p> + <div> + <a name="toc_46" id="toc_46"></a> + <h4> + i. <span class="hi" style="font-style: italic;">The + Safeguards</span>. + </h4> + <p> + The Restrictions on the power of the Irish Parliament + are, it is asserted, sufficient and more than + sufficient to reassure Unionists, and an intimation is + sometimes added that, if further security is wanted, + further safeguards may be provided. + </p> + <p> + This ground of confidence may be briefly dismissed; its + answer is in effect supplied by the foregoing pages. + </p> + <p> + On the action of the Irish Executive the Restrictions + place, and from the nature of things can place, no + restraint whatever, and yet both England and the Irish + Loyalists have far more reason to dread the abuse of + executive than of legislative authority. On the legal + action of the Irish Parliament the Restrictions do + place a certain restraint, but the Restrictions are, as + already shown, not in reality enforceable. They are for + good purposes a nullity; they are effective, if at all, + almost wholly for evil; they exhibit the radical and + fatal inconsistency of Gladstonian policy. The policy + of Home Rule is a policy of absolute and unrestricted + trust; the safeguards are based on distrust. There is + something to be said for generous confidence, and + something also for distrustful prudence; there is + nothing to be said for ineffective suspicion. + </p> + </div> + <div> + <a name="toc_47" id="toc_47"></a> + <h4> + ii. <span class="hi" style= + "font-style: italic;">Grattan's Constitution</span>. + </h4> + <p> + From the asserted harmony between England and Ireland + from 1782 to 1800 under Grattan's Constitution, the + inference is drawn that there is no reason to fear + discord between England and Ireland under the + Gladstonian constitution of 1893. + </p><a name="pg150" id="pg150"></a> + <p> + The fallacy underlying the appeal to this precedent has + been, to use words of Mr. Lecky, 'so frequently exposed + that I can only wonder at its repetition.'<a href= + "#note_112"><span class="footnoteref">112</span></a> + Under Grattan's Constitution the Irish Executive was + appointed, not by the Irish Parliament, but by the + English Ministry; the Irish Parliament consisted solely + of Protestants; it represented the miscalled 'English + garrison,' and was in sympathy with the governing + classes of England. With all this to promote harmony, + the concord between the governing powers in England and + in Ireland was dubious. The rejection of England's + proposals as to trade, and the exaction of the + Renunciation Act, betray a condition of opinion which + at any moment might have produced open discord. When at + last the parliamentary independence of Ireland had led + up to a savage rebellion, suppressed I fear with savage + severity, English statesmen knew that an independent + Irish Parliament threatened the existence of England. I + may be allowed, even by Gladstonians, to place the + genius and patriotism of Pitt on at least a level with + the genius and patriotism of the present Premier. I may + be <a name="pg151" id="pg151"></a> allowed to doubt + whether Mr. Gladstone's studies, however profound, in + the history of Ireland, can, in 1893, render his + acquaintance with the circumstances and the dangers of + 1800 equal to the knowledge of the Minister who, in + 1800, carried the Act of Union. And Pitt then held that + the Union with Ireland was necessary for the + preservation of England. If moreover Grattan's + Constitution be a precedent for our guidance, let us + see to what the precedent points. The leading + principles or features of Grattan's Constitution are + well known. They are the absolute sovereignty of the + Irish Parliament, and its independence of and equality + with the Parliament of Great Britain; the renunciation + by the British Parliament of any claim whatever to + legislate for Ireland, and of any jurisdiction on the + part of any British court to entertain appeals from + Ireland; and, lastly, the absence of all representation + of Ireland in the Parliament at Westminster. Each of + these principles or features is denied or reversed by + our new Gladstonian constitution. The Irish Parliament + is to be, not a sovereign legislature, but a + subordinate legislature created by statute, and a + legislature of such restricted and inferior authority + as to be unworthy of the name of a parliament. The + Imperial Parliament, with its vast majority of British + members, asserts its absolute supremacy in Ireland, and + the right at its discretion to legislate for Ireland on + any matter whatever; in Ireland there is to be founded + an Imperial or British Court appointed by the Imperial + Ministry, having jurisdiction on all matters affecting + Imperial rights, and the final Court of Appeal from + <a name="pg152" id="pg152"></a> every tribunal in + Ireland is to be the British Privy Council. Add to this + that Irish members are to sit in the Parliament of + Westminster as the 'outward and visible sign' of the + Imperial Parliament's supremacy. But if every principle + of Grattan's Constitution be contradicted by the + Gladstonian constitution, if every principle which + Grattan detested is a principle which Mr. Gladstone + asserts, with what show of reason can the success, + uncertain though it be, of the Constitution of 1782 be + pleaded as evidence of the probable success of the + Gladstonian constitution of 1893? That two arrangements + are unlike is to ordinary minds no proof that they will + have similar results; a parliamentary majority of + forty-two may repeal the Act of Union, but it cannot + repeal the laws of logic.<a href= + "#note_113"><span class="footnoteref">113</span></a> + </p> + </div> + <div> + <a name="toc_48" id="toc_48"></a> + <h4> + iii. <span class="hi" style= + "font-style: italic;">Success of Home Rule</span>. + </h4> + <p> + All over the world, we are told, Home Rule has + succeeded; there are, under the government of the + British Crown, at least twenty countries enjoying Home + Rule, and their local independence causes no + inconvenience to the United Kingdom or to the British + Empire. It follows therefore that Home Rule in Ireland + will be a success and will in no way disturb the peace + or prosperity of the United Kingdom. + </p> + <p> + The sole difficulty in meeting this argument is the + <a name="pg153" id="pg153"></a> extreme vagueness of + its principal term. The words 'Home Rule' are in their + signification so vague, at any rate as employed by + Ministerialists, that they cover governments of totally + different descriptions. Hungary, Norway, a State of the + American Union, a Province of the Canadian Dominion, + the Dominion itself, Man, Jersey, and Guernsey, every + English colony with representative institutions, are + each described, by one Gladstonian reasoner or another, + as happy and prosperous under Home Rule. But there is + no one who will deny that the dissimilarities between + the governments existing in each of the countries + referred to are at least as striking as are their + similarities; that the contrast, for example, between + the relation of Hungary to the Austro-Hungarian Empire + and the relation of New York to the United States is at + least as obvious as its likeness. The analogy, + moreover, between Home Rule in any of these countries + and Home Rule in Ireland is at best distant and + shadowy.<a href="#note_114"><span class= + "footnoteref">114</span></a> + </p> + <p> + The crisis is too serious to permit us to waste words + in examining the curiosities of the Home Rule + controversy. Of Hungary, and its relation to the Empire + of which it forms part, nothing at all will here be + said. There is nothing in that relation analogous to + Irish <a name="pg154" id="pg154"></a> Home Rule. Nor + need we trouble ourselves with the 'Home Rule' of + Rhodes, of Samos, or of the Lebanon. Of these and any + other States, if such there be, which enjoy 'Home Rule' + under the supremacy of the Sultan, all that need be + said is that it is satisfactory to learn on the + authority of Mr. Gladstone that any part whatever of + the Turkish Empire is well governed and happy. If any + one can seriously suppose that the prosperity of Man + and the Channel Islands, which reap all the benefits + and bear none of the burdens of connection with Great + Britain, and moreover have at no time been + discontented, affords any reason for supposing that the + secular miseries and discontent of Ireland will be + cured by a system of government totally different from + that which prevails either in Man, or Guernsey, or in + Jersey, let him refer to these interesting + islands.<a href="#note_115"><span class= + "footnoteref">115</span></a> For myself I shall leave + them out of account. Of the cordial relations between + Sweden and Norway we hear nothing; the goodwill + generated by a system of Home Rule is bringing these + countries to the brink of civil war.<a href= + "#note_116"><span class="footnoteref">116</span></a> + </p> + <p> + There are two analogous cases or precedents on which + serious reasoners rely in support of a policy of Home + Rule for Ireland. The success of federal government in + other countries, and especially in the <a name="pg155" + id="pg155"></a> United States, and the success of + colonial independence throughout the British Empire, + are adduced as presumptions that Home Rule would knit + together Great Britain and Ireland, or, as the cant of + the day goes, transform a paper union into a union of + hearts. If New York be loyal to the United States, if + New Zealand be loyal to the British Crown, why should + not Ireland, when endowed with local independence + resembling the independence of an American State or of + a self-governing British colony, be a loyal member of + the United Kingdom?<a href="#note_117"><span class= + "footnoteref">117</span></a> + </p> + <p> + This is the suggested argument—let us consider + its validity. + </p> + <p> + As to federalism.—All the conditions which make a + federal constitution work successfully in the United + States, in Switzerland, and possibly in Germany, are + wanting in England and Ireland. No man till the last + five or six years has even suggested that Englishmen or + Scotsmen desire a federal government for its own sake. + Whether Mr. Gladstone himself has any wish to + federalise the whole United Kingdom is at least open to + doubt. Where federalism has succeeded, it has succeeded + as a means of uniting separate communities into a + nation; it has not been used as a means of disuniting + one State into separate nationalities. The United + States, it has been well said, is a nation under the + form of a federal government. Gladstonians apparently + wish to bind together <a name="pg156" id="pg156"></a> + two, or shall we say three or four, nations, or + nationalities, under the reality of a federation and + the name of a United Kingdom. While all the powerful + countries of the world are increasing their strength by + union, the advocates of the new constitution pretend to + increase the moral strength of the United Kingdom by + loosening the ties of its political unity. If any one + ask why federalism which has succeeded in America + should not succeed in the United Kingdom, the true + answer is best suggested by another question: Why would + not the constitutional monarchy of England suit the + United States? The answer in each case is the same. The + circumstances and wants of the two countries are + essentially different; and if this be not a sufficient + reply, the reflection is worth making that in the three + great Confederacies of the world unity has been + achieved, or enforced by armed conflict. + </p> + <p> + As to colonial independence.—The plain and + decisive reason why the loyalty of New Zealand to the + Empire affords no presumption of the loyalty under our + new constitution of Ireland to the United Kingdom is + this: The whole condition of New Zealand is different + from the condition of Ireland, and our new constitution + is not intended to give Ireland the position of New + Zealand. Thousands of miles separate New Zealand from + Great Britain. Ireland is separated from us by not much + more than twelve miles. New Zealand has never been + hostile to England; her people are loyal to the British + Crown. Ireland, or part of the Irish people, <a name= + "pg157" id="pg157"></a> has been divided from England + by a feud of centuries; it would be difficult among + Irish Nationalists to obtain even the show of loyalty + to the Crown. New Zealand is wealthy, and New Zealand + pays not a single tax into the Exchequer of the United + Kingdom. Ireland is poor, and, if her taxation is + lightened by Home Rule, the tribute which will be paid + to England will be heavy, and far more galling than the + taxes she now pays in common with the rest of the + United Kingdom. The new constitution, again, is utterly + unlike a colonial constitution. Its burdens would not + be tolerated by any one of our independent colonies. + The rights it gives, no less than the obligations it + imposes, are foreign to our colonial system. The + presence of the Irish representation at Westminster + forbids all comparison between Ireland under Home Rule + and New Zealand under a system of colonial + independence. + </p> + <p> + But the matter must be pressed further. Even were it + possible to place Ireland in the position either of an + American State or Swiss Canton, or of an independent + colony, the arrangement would not meet the needs of the + United Kingdom. This is a point which has not as yet + arrested attention. For the safety of the United + Kingdom it is absolutely necessary that the authority + of the Imperial Government, or, in other words, the law + of the land, should be enforced in Ireland in a sense + in which the law of the land is rarely enforced in + federations, and in which it is certainly not enforced + by the Imperial Government in self-governing colonies. + </p><a name="pg158" id="pg158"></a> + <p> + In federations the law of the land is nearly powerless + when opposed to the will of a particular State. + President Jackson's reported dictum, 'John + Marshall<a href="#note_118"><span class= + "footnoteref">118</span></a> has delivered his + judgment, let him now enforce it if he can,' and the + fact that the judgment was never enforced,<a href= + "#note_119"><span class="footnoteref">119</span></a> + are things not to be forgotten. They are worth a + thousand disquisitions on the admirable working of + federalism. But there is no need to rely on a + traditional story, which, however, is an embodiment of + an undoubted transaction. The plainest facts of + American history all tell the same tale. No + Abolitionist could in 1850 without peril to his life + have preached abolition in South Carolina; difficult + indeed was the enforcement of the Fugitive Slave Law + and small the practical respect paid in Massachusetts + to the doctrine of the Dred Scott Case. Unless all + reports are false, the Negro vote throughout the + Southern States is at this moment practically + falsified, and little do the Constitutional Amendments + benefit a Negro in any case where his conduct offends + Southern principle or prejudice. For my present + argument it matters nothing whether the oppression of + individuals or the defiance of law was or was not, in + all these cases, as it certainly was in some instances, + a violation to the supreme law of the land. If the law + was violated then, why should we expect Imperial law to + be of more force in Ireland than federal law in South + Carolina, or in <a name="pg159" id="pg159"></a> + Massachusetts? If the rights of individuals were not + adequately protected by federal law against the + injustice of a particular State, then why expect that + the provisions of our new constitution, far less + stringent as they are than the protective provisions of + the United States Constitution, should avail to protect + unpopular persons in Ireland against the legal tyranny + of the Irish Executive or the Irish Parliament? + </p> + <p> + Experience of federalism is not confined to the United + States. The Swiss Confederation is in Europe the most + successful both of democratic and of federal polities. + The Swiss Executive exercises powers common to all + continental governments but of a description which no + English Cabinet could claim, and the Swiss Executive is + made up of statesmen skilful beyond measure in what may + be called the diplomacy of federalism. Yet in + Switzerland, as in the United States, federal + 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 + <a name="pg160" id="pg160"></a> 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.'<a href="#note_120"><span class= + "footnoteref">120</span></a> 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 <a name="pg161" id= + "pg161"></a> 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. + </p> + <p> + 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 colony. The Victorian Premier (Mr. Service) + announced in Parliament that their landing should be + hindered. The police, acting under the orders of the + Ministry, boarded the ship which brought the strangers, + went near to assaulting the captain, and forcibly + prevented the hated travellers from setting foot on + shore. By arrangement between the Melbourne Government, + the captain, and the three men, who were by this time + in terror of their lives, the victims of lawlessness + were <a name="pg162" id="pg162"></a> carried back to + England. That the law had been grossly violated no one + can really dispute. The violation was the more serious + because it excited no notice. No appeal was apparently + made to the Courts. The Governor—the + representative of Imperial power and Imperial + justice—knew presumably what was going on, yet he + uttered not one word of remonstrance. The Agent-General + for Victoria, when at last a private person in England + called attention to the outrage at Melbourne, pleaded + in effect the plea of necessity, and described the act + of tyranny, whereby British citizens were in a British + colony turned into outlaws, as 'an act of executive + authority.' The Imperial Government did I + believe—what was perhaps the wisest thing it + could do—nothing. Imperial supremacy in the + colonies was, as regards the protection of unpopular + individuals, admitted to be a farce. What, however, + rendered the three travellers unpopular? They were + Irish informers who had aided, unless I am mistaken, in + the conviction of the Phoenix Park murderers. Let us + now in imagination conceive our new constitution to + have come into being, and transfer the transactions at + Melbourne in 1883 to Dublin in 1894. Will the Imperial + supremacy which is supposed to be so effective in the + colonies be of any more worth in Ireland than in + Victoria?<a href="#note_121"><span class= + "footnoteref">121</span></a> + </p> + <p> + Were it true, then, which it certainly is not, that the + conditions exist in Ireland which conduce to the + maintenance of federal power in the State of a <a name= + "pg163" id="pg163"></a> well-arranged federation, and + to the maintenance of Imperial power in a + self-governing British colony, this would not be enough + to support the argument in favour of the new + constitution. For the Imperial Government needs that + the law should be maintained, and the rights of + individuals be protected, in Ireland with greater + stringency than the law is enforced or the rights of + individuals are protected either under a federal + government or in a British colony. Miserable indeed + would be the position of England were she forced in + Ireland to wink at lawlessness such as but the other + day disgraced New Orleans, or at mob law countenanced + by the 'Executive,' such as in 1883 ruled supreme at + Melbourne. Foreign powers at any rate would rightly + decline to let the defects of our constitution excuse + the neglect of international duties. If England cannot + shuffle off her responsibilities, England is bound in + prudence to maintain her power. + </p> + </div> + <div> + <a name="toc_49" id="toc_49"></a> + <h4> + iv. <span class="hi" style="font-style: italic;">The + Policy of Trust</span>. + </h4> + <p> + 'I believe myself that suspicion is the besetting vice + of politicians and that trust is often the truest + wisdom.'<a href="#note_122"><span class= + "footnoteref">122</span></a> + </p> + <p> + This sentiment is followed by curious and ambiguous + qualifications. It is not cited for the sake of fixing + Mr. Gladstone with any doctrine whatever; it is quoted + because it neatly expresses the sentiment which, in one + form or another, underlies most of the arguments in + favour of Home Rule or of our new constitution. The + right attitude for a politician, it is <a name="pg164" + id="pg164"></a> urged, is trust; he should trust the + Irish leaders and their assurances or professions; he + should trust in the training conferred upon men by the + exercise of power; he should trust in the healing + effects of a policy of conciliation, or, to put the + matter shortly, he should trust in the goodness and + reasonableness of human nature. Exercise only a little + trustfulness and the policy of Home Rule, it is + suggested, may be seen to be a wise and prudent + policy.<a href="#note_123"><span class= + "footnoteref">123</span></a> + </p> + <p> + How far, then, is trust in any of the three forms, + which it may on this occasion take, a reasonable + sentiment? + </p> + <p> + We are told to trust the Irish leaders. + </p> + <p> + My answer to this advice is plain and decided. + Confidence is not a matter of choice. You cannot give + your trust simply because you wish to give it. Men are + trusted because they are trustworthy. The Irish Home + Rule leaders as a body cannot inspire trust, for the + simple reason that their whole policy and conduct prove + them untrustworthy. Politicians, strange as the fact + may appear to them, cannot get quit of their past. + </p> + <p> + Look for a moment at the history—the patent, + acknowledged history—of the agitators or the + patriots (and I doubt not that many of them are, + <a name="pg165" id="pg165"></a> from their own point of + view, patriotic) in whom we are asked to confide, and + whose assurances are to form the basis on which to rest + a dubious policy. They have been till recently the foes + of England. This in itself is not much; many a rebel + has been the enemy of England, and yet has been + entitled to the respect of Englishmen. But there are + deeds which neither hatred to England nor love of + Ireland can justify. Even sedition has its moral code, + and like war itself is subject to obligations which no + man can neglect without infamy. The conspirators + condemned by the Special Commission—and among + them are to be found the most prominent of the Irish + leaders<a href="#note_124"><span class= + "footnoteref">124</span></a>—have been guilty of + conduct which no wise man ought to forget and no good + man ought to palliate. They have for years excited + Irish ignorance against England and against English + officials by a system of gross incessant slander; + witness the pages of <span class="hi" style= + "font-style: italic;">United Ireland</span> when Lord + Spencer and Sir George Trevelyan were in power at + Dublin. The men whom we are told to trust are men who + did enter into a criminal conspiracy by a system of + coercion and intimidation to promote an agrarian + agitation against the payment of agricultural rents, + for the purpose of impoverishing and expelling from the + country the English landlords<a href= + "#note_125"><span class="footnoteref">125</span></a>; + they are men found guilty of not denouncing + intimidation which led to crime and outrage, but of + persisting in it with a knowledge of its + effect.<a href="#note_126"><span class= + "footnoteref">126</span></a> They are proved to have + made payments <a name="pg166" id="pg166"></a> to + compensate persons injured in the commission of + crime<a href="#note_127"><span class= + "footnoteref">127</span></a>; they are men who have + solicited and taken the money of Patrick Ford, the + advocate of dynamite; and have invited and obtained the + co-operation of the Clan-na-Gael.<a href= + "#note_128"><span class="footnoteref">128</span></a> + Their whole system of agitation has been utterly unlike + that of honourable agitators, conspirators, or rebels; + it would have excited the horror of O'Connell; it would + have been repudiated with disgust by Davis, by Gavan + Duffy, by Smith O'Brien, and the other Irish leaders of + 1848. The men who now ask for our confidence have in + their attack upon England forgotten what was due to + Ireland; they have deliberately taught Irish peasants + lessons of dishonesty, oppression, and cruelty, which + the farmers of Ireland may take years to unlearn. Of + the degradation which they have gradually inflicted + upon the English Parliament one is glad to say little. + It is, however, well that the House of Commons should + recollect that parliamentary debates are open to all + the world and that Englishmen and Englishwomen see no + reason why brutalities of expression should be + tolerated in the oldest representative Assembly of + Europe which would be reproved in any respectable + English meeting. But you can sometimes trust men's + capacity where you cannot trust their moral feeling. + Unfortunately the Irish Parliamentary party have given + us examples of their ability in matters of government + which are not reassuring. The scenes of Committee Room + <a name="pg167" id="pg167"></a> No. 15<a href= + "#note_129"><span class="footnoteref">129</span></a> + are a rehearsal of parliamentary life under Home Rule + at Dublin. + </p> + <p> + But the Gladstonians, we shall be told, guarantee the + good faith of their associates. Unfortunately, as + judges of character the Gladstonians are out of court. + The leader who first obtained their confidence was Mr. + Parnell. If the Home Rule Bill of 1886 had become law + Mr. Parnell would have become Premier of Ireland, and + we should have been bidden to put trust in his loyalty + and his integrity. There are no Gladstonians now who + think Mr. Parnell trustworthy. Why should they be + better judges of the trustworthiness of Mr. Dillon, Mr. + M'Carthy, or Mr. Davitt, than they were of the + character of the statesman who was the leader, friend + or patron of the whole Irish Parliamentary party? Note, + however—for in this matter it is essential to + make one's meaning perfectly clear—I do not + allege, or suppose, that the assurances of the Irish + leaders are mendacious. They believe, I doubt not, what + they say at the moment; but their words mean very + little. In a sense they believed, or did not + disbelieve, the slanderous accusations which filled the + pages of <span class="hi" style= + "font-style: italic;">United Ireland</span>. In a sense + they now believe that the Home Rule Bill is a + satisfactory compromise. But the belief in each case + must be considered essentially superficial. Men are the + victims of their own career: it is absolutely + impossible that leaders many of whom have indulged in + virulence, in slanders, in cruelty, in oppression, + should be <a name="pg168" id="pg168"></a> suddenly + credited with strict truthfulness, with sobriety, with + respect for the rights of others. Even as it is, + landlords are, in Mr. Sexton's eyes, criminals,<a href= + "#note_130"><span class="footnoteref">130</span></a> + and he therefore cannot be trusted to act with fairness + towards Irish landowners. Mr. Redmond holds that + imprisoned dynamiters and other criminals should be + released, whether guilty or not, and it is therefore + reasonable not to put Mr. Redmond in a position where + he can insist upon an amnesty for dynamiters and + conspirators. Nor is it at all clear that as regards + amnesty any Anti-Parnellite dare dissent from the + doctrine of Mr. Redmond. It is odious, it will be said, + to dwell on faults or crimes which, were it possible, + every man would wish forgotten. But when we are asked + to trust politicians who are untrustworthy, it is a + duty to say why we must refuse to them every kind of + confidence. Of the penalty for such plain speaking I am + well aware. It will be said that to attack the Irish + leaders is to slander the Irish people. This is untrue. + In times of revolution men perpetually come to the + front unworthy of the nation whom they lead. To treat + distrust of the leaders of the Land League as dislike + or distrust of the Irish people is as unfair as to say + that the censor of Robespierre, of Marat, or of Barère + denies that during the Revolution Frenchmen displayed + high genius and rare virtues. There are thousands of + Irishmen who will endorse every word I have written + <a name="pg169" id="pg169"></a> about the Irish + leaders. Add to this that I am not called upon to + pronounce any further condemnation upon the party than + was pronounced upon the chief among them by the Special + Commission. All I assert is that from the nature of + things the men found guilty by the Commission cannot + inspire trust. + </p> + <p> + Power, it is often intimated, teaches its own lessons. + Trust Irishmen with the government of their own + country, and you may feel confident that experience + will teach them how to govern justly. + </p> + <p> + To this argument I need not myself provide a reply: it + has been admirably given by my friend Mr. Bryce. Every + word which in the following passage refers to the State + legislatures of the United States applies in principle + to the future Parliament at Dublin:— + </p> + <div class="display"> + <p> + 'The chief lesson which a + study of the more vicious among the State + legislatures teaches, is that power does not + necessarily bring responsibility in its train. I + should be ashamed to write down so bald a platitude + were it not that it is one of those platitudes which + are constantly forgotten or ignored. People who know + well enough that, in private life, wealth or rank or + any other kind of power is as likely to mar a man as + to make him, to lower as to raise his sense of duty, + have nevertheless contracted the habit of talking as + if human nature changed when it entered public life, + as if the mere possession of public functions, + whether of voting or of legislating, tended of itself + to secure their proper exercise. We know that power + does not purify men in despotic governments, but we + talk as if it did so in free governments. Every one + would of course admit, if the point were put flatly + to him, that <a name="pg170" id="pg170"></a> power + alone is not enough, but that there must be added to + power, in the case of the voter, a direct interest in + the choice of good men, in the case of the + legislator, responsibility to the voters, in the case + of both, a measure of enlightenment and honour. What + the legislatures of the worst States show is not + merely the need for the existence of a sound public + opinion, for such a public opinion exists, but the + need for methods by which it can be brought into + efficient action upon representatives who, if they + are left to themselves, and are not individually + persons with a sense of honour and a character to + lose, will be at least as bad in public life as they + could be in private. The greatness of the scale on + which they act, and of the material interests they + control, will do little to inspire them. New York and + Pennsylvania are by far the largest and wealthiest + States in the Union. Their legislatures are + confessedly the worst.'<a href= + "#note_131"><span class="footnoteref">131</span></a> + </p> + </div> + <p> + The passage is the more impressive just because it is + not written with a view to Ireland. No one doubts that + the people of the United States, both in morality and + in talent, equal if they do not excel the people of any + other country in the world. But the warmest eulogist of + America seeks throughout his work for the explanation + of the fact which is really past dispute, that the + political morality of the United States sinks below the + general morality of the nation.<a href= + "#note_132"><span class="footnoteref">132</span></a> + There is not the least reason why under a vicious + constitution the government at Dublin should not + reflect or exaggerate the vices, rather than represent + the noble qualities and the gifts, of the Irish people. + </p><a name="pg171" id="pg171"></a> + <p> + But the doctrine of trust takes another and more + general form. You may place confidence, it is alleged, + in the goodness of human nature, and should believe + that the concession of Home Rule, just because it meets + the wishes of the Irish people, will take away every + source of discontent, and thereby remove any difficulty + in making even an imperfect constitution work well. + </p> + <p> + To this the answer may fairly be made, which I have + made in the preceding pages, that Home Rule does not + meet the wish of the most important part of the Irish + people, but in truth arouses their abhorrence, and that + even Home Rulers care much less than Gladstonians + suppose about constitutional changes. To give a man a + vote for a Parliament at Dublin when he is demanding an + acre or two of land, comes very near giving him a stone + when he asks for bread. But I assume for a moment that + the Irishmen, who express no great enthusiasm for the + Home Rule Bill, desire the new constitution as ardently + as sixty years or so ago our fathers desired + parliamentary reform. Yet even on this assumption the + belief in Home Rule as a panacea for Irish ills is + childish, and belongs to a bygone stage of opinion. We + now know that changes in political machinery, however + important, do not of themselves produce content. A + poverty-stricken peasant in Connaught will not be made + happy because a Parliament meets at Dublin. We now + further know that the difficulty of satisfying popular + aspirations often arises from the fundamental faults of + human nature. Trust in the people may <a name="pg172" + id="pg172"></a> often be wiser than distrust, but to + suppose that masses of men are wiser, more reasonable, + or more virtuous than the individuals of which they + consist, is as idle a political delusion as the + corresponding ecclesiastical delusion that a church has + virtues denied to the believers who make up the church. + On this point an anecdote makes my meaning clearer than + an argument. On May 15, 1848, the French National + Assembly was invaded by an armed mob, who shouted and + yelled for three hours and more, and threatened at any + moment to slaughter the representatives of France. From + June 22-26, 1848, there raged the most terrible of the + insurrections which Paris has seen. For the first time + in modern history the workmen of the capital rose + against the body of the more or less well-to-do + citizens. There was not a man in Paris who did not + tremble for his property and his life. Householders + feared the very servants in their homes. Between these + days of ferocity intervened a day of sentiment. On May + 21, 1848, the Assembly attended a Feast of Concord. + There were carts filled with allegorical figures, there + were processions, there were embraces; the whole town, + soldiers, national guards, gardes mobiles, armed + workmen, a million of men or more, passed in array + before the deputies. The feast was a feast of concord, + but every deputy had provided himself with pistols or + some weapon of defence. This was the occasion when we + are told by the reporter of the scene, 'Carnot said to + me with a touch of that silliness (<span class="hi" + style="font-style: italic;">niaiserie</span>) which is + always to be found mixed up with the virtues of + <a name="pg173" id="pg173"></a> honest democrats, + "Believe me, my dear colleague, you must always trust + the people." I remember I answered him rather rudely, + "Ah! why didn't you remind me of that on the day before + May 15?"' The anecdote is told by the greatest + political thinker whom France has produced since the + days of Montesquieu. 'Trust in the people' did not + appear the last word of political wisdom to Alexis de + Tocqueville.<a href="#note_133"><span class= + "footnoteref">133</span></a> + </p> + <p> + The Gladstonian pleas to which answer has been made + are, it will be said, arguments not in favour of our + new constitution, but in support of Home Rule. The + remark is just; it points to a curious weakness in the + reasoning of Gladstonians. They adduce many reasons of + more or less weight for conceding some kind of Home + Rule to Ireland. But few indeed are the reasons put + forward, either in the House of Commons or elsewhere, + in favour of the actual Home Rule Bill of 1893. As to + the merits of this definite measure Ministerialists + show a singular reticence. It may be that they wish to + save time and hold that the measure commends itself + without any recommendation by force of its own inherent + merits. But to a critic of the new constitution another + explanation suggests itself. Can it be possible that + Ministerialists themselves are not certain what are the + fixed principles of the new policy? Everything <a name= + "pg174" id="pg174"></a> about it is indefinite, vague, + uncertain. Who can say with assurance what Gladstonians + understand by Imperial supremacy? Is there or is there + not any idea of excluding Ulster from the operation of + the Bill? Is it or is it not a principle that members + from Ireland shall be summoned to Westminster? Are the + Irish members, if summoned, to vote on all matters, or + on some only? To each of these questions the only + answer that can be given is—nobody knows. But in + this state of ignorance it is natural and excusable + that apologists should confine themselves to general + lines of defence. No politician who respects himself + would willingly risk a vigorous apology for the special + provisions of a particular measure, when, for aught he + knows, the provision which he thinks essential turns + out to be an unimportant detail, and is liable to + sudden variation. + </p> + </div> + </div> + </div><a name="pg175" id="pg175"></a> + <hr class="page" /> + <div> + <a name="toc_50" id="toc_50"></a> + <h2> + Chapter V—The Path Of Safety + </h2> + <p> + We stand on the brink of a precipice.<a href= + "#note_134"><span class="footnoteref">134</span></a> To say + that Englishmen are asked to take a leap in the dark is far + to understate the peril of the moment. We are asked to + leave an arduous but well-known road, and to spring down an + unfathomed ravine filled with rocks, on any one of which we + may be dashed to pieces. + </p> + <p> + The very excess of the peril hides its existence from + ordinary citizens. Mr. Gladstone, they argue, is a wise man + and a good man, his colleagues are partisans, they are not + conspirators; it is incredible that they should recommend a + measure fraught with ruin to England. But the matter is + intelligible enough. Mr. Gladstone's weakness, no less than + his strength, has always lain in his temporary but + exclusive preoccupation with some one dominant idea. The + one notion which possesses his mind—to <a name= + "pg176" id="pg176"></a> judge from his public conduct and + speeches—is that at any cost Home Rule, that is, an + Irish Executive and an Irish Parliament, must be conceded + to Ireland. Enthusiasm, pride, ambition, all the motives, + good and bad, which can influence a statesman, urge him to + achieve this one object. If he succeeds his political + career is crowned with victory, if not with final triumph; + if he fails his whole course during the last seven years + turns out an error. But it has long been manifest that only + with the greatest difficulty can English electors be + persuaded to accept Home Rule. Hence it has been found + essential that the principles of the measure should not be + known before the time for passing it into law. Hence the + ill-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 <a name= + "pg177" id="pg177"></a> 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 in reality the fact + which governs the character of the new constitution. To + imply that such a matter can be treated as subsidiary is, + in the eyes of any student of constitutions, as ridiculous + as it would seem to Mr. Gladstone for a Chancellor of the + Exchequer, on introducing his budget, to assert that, + whether he maintained or did not maintain the income tax, + was an organic detail which did not fundamentally affect + his financial proposals. The Ministry are as much at sea as + their chief; nor is this wonderful. There are two things of + which English statesmen have had little experience. The one + is a revolutionary movement, the other is the construction + of a constitution. But the Home Rule Bill is at once the + effect and the sign of a revolutionary movement, and the + task in which the Gladstonians are engaged is the formation + of a new constitution. Blind leaders are leading a blind + people, and our blind leaders, some of whom care more for + Radical supremacy in England than for Imperial supremacy in + Ireland, are like many other men of our time, the slaves of + phrases, such as 'trust in the people,' which pass muster + for principles. If the blind lead the blind, what wonder if + they stumble over a precipice? + </p><a name="pg178" id="pg178"></a> + <p> + The peril in which the country stands is concealed from us + by a curious reaction of opinion. Good political + institutions, it was at one time held, were the cause of a + nation's happiness, and England, it was firmly believed, + owed her prosperity wholly to her constitution. A century + of revolutions has taught us all that a good form of + government cannot of itself save a state from ruin, and + many of us have come to think that forms of government are + nothing, and that no constitutional changes can impair the + strength of England. No delusion however is more patent or + more noxious. Never was a country richer in the elements of + strength than were the Thirteen Colonies when their + independence was acknowledged 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 forty<a href= + "#note_135"><span class="footnoteref">135</span></a> years + back, she could hardly maintain her rights and her dignity + against Austria, the classical instance of Germany, which + though possessed of every source of power lay for + generations at the mercy of <a name="pg179" id="pg179"></a> + France, mainly on account of vicious political + institutions, are proofs, if evidence were wanting, of the + capacity of ill-designed constitutions to hamper the action + and threaten the prosperity of great nations. A + constitution in truth is a national garb. A good + constitution will not make a weak country strong, but an + unsuitable constitution may reduce a strong country to + feebleness. A weakling does not become a strong man by + putting on armour, but a giant can derive no advantage from + his strength if once he be got by fraud or force into a + strait waistcoat. + </p> + <p> + Strength, it is true, will in the long run assert itself. + The artificial supremacy of Ireland, or of a faction + supported by Irish votes, will not last for ever; probably + it will not last long. If the new constitution prove + unbearable by England it will not be borne; it will be + overthrown or evaded. Far am I from asserting that the + breach or evasion will, 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 terrible periods in which the + observation of pledged faith seems inconsistent with the + natural dictates of honour and humanity, and weak + concession at the present moment will, at such a crisis, be + found to have contained among its other perils the danger + lest England, when at last she <a name="pg180" id= + "pg180"></a> re-asserts her power in Ireland, should not + re-establish her justice. + </p> + <p> + Where then lies the path of safety? The road is difficult, + but it is clearly marked; it is at any rate to be found, + not by any exercise of subtlety or of extraordinary + acuteness, but by obeying the plain dictates of common + sense and sound public morality. The characteristics of + Unionist policy must be seriousness, simplicity, and + reliance upon an appeal to the nation. + </p> + <p> + Seriousness is essential. + </p> + <p> + The need of the time is to impress on the mass of the + people the intense gravity of the crisis. Far too much was + said before the general election about the weaknesses and + the inconsistencies of the Gladstonians, and far too little + about the causes of their strength and the absolute + necessity for arduous efforts to defeat the Separatists at + the polling-booths. The error must not be repeated. + </p> + <p> + The people must be told, as they may be told with absolute + truth, that the fate of England is in question, and that + nothing but the efforts of every Unionist throughout the + land can save the country from destruction. The contest + has, without either party being aware of the change, + shifted its character since 1886. Then the names of + Unionists and Separatists expressed the whole difference + between the opponents and supporters of the Home Rule Bill. + The Gladstonians for the most part meant the Bill to + affect, as far as possible, the condition of Ireland alone. + They did not mean to change the constitution of the United + Kingdom. It is now plain, as has been shown <a name="pg181" + id="pg181"></a> throughout these pages, that the measure of + so-called Home Rule is a new constitution for the whole + United Kingdom. In 1886 the Gladstonians <span class="hi" + style="font-style: italic;">bona fide</span> 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 + English statesmen with revolutionary doctrines and + revolutionary sentiment. The difference between Unionist + and Separatist remains, but it is merged in the wider + difference between Constitutionalists and Revolutionists. + The question at issue is not merely, though this is serious + enough, whether the Act of Union shall be repealed or + relaxed, but whether the United Kingdom is morally a + nation, and whether as a nation it has a right to insist + upon the supreme authority belonging to the majority of its + citizens. A similar question was some thirty-two years ago + put to the people of the United States; it was decided by + the arbitrament of battle. + </p> + <p> + The terrible calamity of an appeal to the test of force + Englishmen may avoid, but if it is to be avoided the + national rights of the whole people of the United Kingdom + must be asserted as strenuously by their votes as the + rights of the citizens of the United States were vindicated + by their arms. The <a name="pg182" id="pg182"></a> people + of England again must be solemnly warned that errors in + policy or acts of injustice may snatch from us the power of + determining a political controversy at the ballot-box + instead of on the battle-field. It is folly to raise cases + on the constitution; it is always of the most doubtful + prudence to handle the casuistry of politics. Nothing will + tempt me to discuss in these pages what are the ethical + limits to the exercise of constitutionally 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 condemned policy of Protestant + ascendency. Gladstonians hold that the democracy of England + may ally itself with the democracy of Ireland, and may + treat lightly the rights and the wishes of a Protestant and + Conservative minority. In bygone times the aristocratic and + Protestant government of England allied itself with the + Protestant and aristocratic government of Ireland, and held + light the rights and the wishes of the Catholic <a name= + "pg183" id="pg183"></a> majority. Each policy labours under + the same defect. The enforced supremacy of a class, be it a + minority or a majority, is opposed to the equitable + principle of the supremacy of the whole nation. There is no + reason to suppose that Catholic ascendency will be found + more tolerable than was Protestant ascendency. + </p> + <p> + The policy of Unionism should be marked by simplicity. + </p> + <p> + The Unionist leaders have a clear though a difficult duty + to perform. Their one immediate function is resistance to a + dangerous revolution. Logically and politically, there was + a good deal to be said for the deliberate refusal to + discuss, or to vote upon, any of the details of the Home + Rule Bill. There is always a danger lest the attempt to + amend a radically and essentially vicious measure should + promote the 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 decided that abstention from debate + would be an error. As far as the matter is to be looked at + from a parliamentary point of view their judgment is + decisive, and since the policy of combating the Bill point + by point has been adopted it should be carried out, as it + is being carried out, with the utmost stringency. Minute + <a name="pg184" id="pg184"></a> discussion of the clauses + of the Bill is elaborate instruction for the mass of the + nation. + </p> + <p> + To the cry of obstruction no heed whatever need be paid. As + long as there is real discussion obstruction becomes, when + the matter in debate is the formation of a new constitution + for the United Kingdom, an impossibility. The business + needs the most careful consideration. Ministers themselves + are uncertain as to what are the essential principles of + their own scheme. Every detail involves a principle, and in + a Bill where clearness is of vital importance, every clause + involves an ambiguity. Each part moreover of the new + constitution must be considered with regard to the rest, + and the expression of different views as to the meaning of + the Bill is of itself of utility, when it is of the + greatest importance that Englishmen and Irishmen, + Conservatives and Radicals, should be agreed as to the + 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 <a name="pg185" id= + "pg185"></a> measure,' it is objected, 'might have been + discussed and settled during the last seven years.' So, I + reply, they might, if it had pleased the Gladstonians + either to produce their Bill or to announce its general + principles. Their silence was politic; it won them a + majority at the general election, but you cannot from the + nature of things combine the advantages both of reticence + and of outspokenness. Silence may have been justified as a + piece of clever party tactics; it is a very different + question whether the concealment of seven years has turned + out high statesmanship. Gladstonians, like other men, + cannot, as the saying goes, have their cake and eat it. + They have had the advantages, they are now paying the + inevitable price of reserve. Unionists in any case are + bound to turn this invaluable time to account. Discussion + of the constitution is the education of the people. + </p> + <p> + In order, however, that this political training may be + effective, our parliamentary teachers must take care that + the public are not confused by the prominence necessarily + given to details. Minute criticism of the Bill is + important, but at the present moment it is important only + as enforcing the radical vice of its main principles. No + effort must be spared to keep the mind 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 <a name="pg186" + id="pg186"></a> of the Restrictions, the errors and + impolicy of the financial arrangements, above all the + injustice to England and the injury to Ireland of + retaining, under a system of Home Rule, even a single Irish + representative at Westminster, these broad considerations + are the things which should be pressed, and pressed home, + upon the electors. Minor matters are good topics for + parliamentary discussion, but should not receive a + confusing and illusory prominence. + </p> + <p> + The electors again must be made to feel that it is the + essential principle of Home Rule, the setting up of an + Irish Government and an Irish Parliament, to which + Unionists are opposed. The least appearance of concession + to Home Rulers, or any action which gives increased + currency to the delusion, certainly cherished by some + moderate Gladstonians, that Home Rule can be identified + with or cut down to extended local self-government,<a href= + "#note_136"><span class="footnoteref">136</span></a> will + be fatal to the cause of Unionism. 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 <a name="pg187" id="pg187"></a> 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, it would rather be the destruction of + Unionism. The one course of safety is to take care that at + the next general election the country has laid before it + for determination a clear and unmistakable issue. The + question for every elector to answer must be reducible to + the form Aye or No; will you, or will you not, repeal the + Union and establish an Irish Executive and an Irish + Parliament in Dublin? If the question be so raised + Unionists have no reason to fear an answer. + </p> + <p> + The policy of Unionism has always relied on an appeal to + the nation. + </p> + <p> + The one desire of Unionists has always been to fight their + opponents on the clear unmistakable issue of Home Rule. The + policy of Separatists 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 Newcastle + programme, as well as many others, with the one essential + question whether we should or should not repeal or modify + the Act of Union. + </p> + <p> + To their policy of appeal to the people the Unionists will, + of course, adhere. The House of Lords will, it may be + presumed, as a matter not so much of right as of obvious + duty, reject the present Home Rule Bill, so as to refer to + the electors of the United Kingdom the question whether we + shall, or shall not, have <a name="pg188" id="pg188"></a> a + new constitution. Even if such a reference to the electors + should result in a Gladstonian majority, it is still + possible that a further 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 important function of the House of Lords at the + present day is to take care that no fundamental change in + the constitution takes place which has not received the + undoubted assent of the nation. The peers are more and more + clearly awakening to the knowledge that under the + circumstances of modern public life this protection of the + rights of the nation, which is in complete conformity with + democratic principle, is the supreme duty of the Upper + House. + </p> + <p> + The question, however, to be considered at the moment is + whether for the performance of this duty something more may + not be required than the compelling of a dissolution. This + something more is a direct appeal to the electors in the + nature of a Referendum. The question is still a theoretical + one; it cannot (unfortunately as it will appear to many + persons) be raised during the debates on the Bill in the + House of Commons. When the Bill reaches the House of Lords, + it will, we may suppose, be <a name="pg189" id="pg189"></a> + rejected, and all that a Unionist can wish for is, first, + that before actual rejection its general principles should + be subjected to complete discussion, and what is in this + case the same thing, exposure, and next that the House of + Lords should, if necessary, take steps which can easily be + imagined, for providing that the rejection of the Bill + shall entail a dissolution. If, however, the dissolution + should result in a Gladstonian majority, and should lead to + another Home Rule Bill being sent up to their lordships, + the question then arises as to the Referendum. My own + conviction, which has been before laid before the public, + is that the Lords would do well if they appended to any + Home Rule Bill which they were prepared to accept a clause + which might make its coming into force depend upon its, + within a limited time, receiving the approval of the + majority of the electors of the United Kingdom. And in the + particular case of the Home Rule Bill it is fair, for + reasons already stated,<a href="#note_137"><span class= + "footnoteref">137</span></a> 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 <a name="pg190" id= + "pg190"></a> 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 country. It affords the one + available check on the recklessness of party leaders; for + the check is at once effective and in perfect conformity + with democratic principle and sentiment. A second objection + is that a Referendum renders any law which obtains the + approval of the electors more difficult of alteration than + an ordinary Act of Parliament. The allegation is true, but + it really tells greatly in favour of an ultimate reference + to the people of any Home Rule Bill passed in a Parliament. + If such a Bill becomes law, it ought to be a law not + admitting of easy repeal. No doubt reaction may be + justifiable, but reaction is a great evil, and the + Referendum puts a check as well on reaction as on hasty + innovation. In any case the time has arrived when Unionist + statesmen should consider the expediency of announcing that + no Home Rule Bill will finally be accepted until it has + undergone a reference to and received the approval of the + electors. On no better issue could battle be <a name= + "pg191" id="pg191"></a> joined with revolutionists than on + the question whether the people of the United Kingdom + should or should not be allowed to express their will. + Unionists have every reason to feel confidence in their + cause; their only policy, their one path of safety is to + make it, as they can do, absolutely plain that they rely + upon justice, and that they appeal from parties to the + nation. + </p> + <p> + We have now before us the essential features of the new + constitution framed by Gladstonians for the whole United + Kingdom. We know its inherent defects and inconsistencies; + we have considered what may be said on its behalf, or + 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 since + the day when the National Assembly of France drew up that + Constitution of 1791, which built to be eternal endured for + not quite a year, has an ancient nation been so strangely + invited to accept an untried and unknown polity. + </p> + <p> + The position indeed of the French constitution-makers was + in some respects stronger and more defensible than the + position of our English innovators. The members of the + National Assembly knew precisely what they were doing. They + meant to alter the fundamental institutions of France. A + change moreover in the whole scheme of French government + was an admitted necessity. France <a name="pg192" id= + "pg192"></a> might be uncertain as to the working of the + new constitution, but France was absolutely certain that + the <span class="hi" style="font-style: italic;">ancien + régime</span> was detestable. Individuals or nations may + wisely risk much when they are escaping from a social + condition which they detest, they may know that an + innovation is in itself of doubtful expediency, yet may + consider any alleged reform worth a trial when no change + can be a change for the worse. In the France of 1791 + confidence in the future meant abhorrence of the past. + </p> + <p> + The authors of our new constitution can hardly be called + the designers of their own handiwork; they have been the + sport of accident. Their intention, or rather the intention + of their leader, was in 1886 merely to grant some sort of + Parliamentary independence to Ireland. The resolution to + concede Home Rule was sudden; it may have been taken up + without due weighing of its consequences. It has assuredly + led to unexpected results. The statesmen who meant merely + to give Home Rule to Ireland have stumbled into the making + of a new constitution for the United Kingdom. What wonder + that their workmanship betrays its accidental origin. It + has no coherence, no consistency; nothing is called by its + right name, and words are throughout substituted for facts; + the new Parliament of 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 <a name="pg193" id= + "pg193"></a> 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 of fundamental change, whereof the + effect is uncertain, conjectural, and perilous, and the + permanence is not guaranteed by its authors, Englishmen are + well satisfied with their old constitution; they may desire + its partial modification or expansion, they have never even + contemplated its overthrow. Politicians, in short, who + meant to initiate a moderate reform, are pressing a + revolutionary change on a country which neither needs nor + desires a revolution; they propose to get rid of grave, + though temporary, inconveniences by a permanent alteration + of which no man can calculate the results in our whole + system of government. Never before was a nation so + strangely advised by such bewildered counsellors to take + for so little apparent reason so desperate a leap in the + dark. + </p> + </div><a name="pg195" id="pg195"></a> + <hr class="doublepage" /> + <div> + <a name="toc_51" id="toc_51"></a> + <h2> + Appendix + </h2> + <div> + <a name="toc_52" id="toc_52"></a> + <h3> + Government Of Ireland Bill + </h3> + <p style="text-align: center"> + ARRANGEMENT OF CLAUSES + </p> + <p style="text-align: center"> + <span class="hi" style="font-style: italic;">Legislative + Authority</span> + </p> + <p> + Clause. + </p> + <p> + 1. Establishment of Irish Legislature. + </p> + <p> + 2. Powers of Irish Legislature. + </p> + <p> + 3. Exceptions from powers of Irish Legislature. + </p> + <p> + 4. Restrictions on powers of Irish Legislature. + </p> + <p style="text-align: center"> + <span class="hi" style="font-style: italic;">Executive + Authority</span> + </p> + <p> + 5. Executive power in Ireland. + </p> + <p style="text-align: center"> + <span class="hi" style="font-style: italic;">Constitution + of Legislature</span> + </p> + <p> + 6. Composition of Irish Legislative Council. + </p> + <p> + 7. Composition of Irish Legislative Assembly. + </p> + <p> + 8. Disagreement between two Houses, how settled. + </p> + <p style="text-align: center"> + <span class="hi" style="font-style: italic;">Irish + Representation in House of Commons</span> + </p> + <p> + 9. Representation in Parliament of Irish counties and + boroughs. + </p> + <p style="text-align: center"> + <span class="hi" style= + "font-style: italic;">Finance</span> + </p> + <p> + 10. As to separate Consolidated Fund and taxes. + </p> + <p> + 11. Hereditary revenues and income tax. + </p> + <p> + 12. Financial arrangements as between United Kingdom and + Ireland. + </p> + <p> + 13. Treasury Account (Ireland). + </p> + <p> + 14. Charges on Irish Consolidated Fund. + </p> + <p> + 15. Irish Church Fund. + </p><a name="pg196" id="pg196"></a> + <p> + 16. Local loans. + </p> + <p> + 17. Adaptation of Acts as to Local Taxation Accounts and + probate, etc., duties. + </p> + <p> + 18. Money bills and votes. + </p> + <p> + 19. Exchequer judges for revenue actions, election + petitions, etc. + </p> + <p style="text-align: center"> + <span class="hi" style="font-style: italic;">Post Office + Postal Telegraphs and Savings Banks</span> + </p> + <p> + 20. Transfer of post office and postal telegraphs. + </p> + <p> + 21. Transfer of savings banks. + </p> + <p style="text-align: center"> + <span class="hi" style="font-style: italic;">Irish + Appeals and Decision of Constitutional Questions</span> + </p> + <p> + 22. Irish appeals. + </p> + <p> + 23. Special provision for decision of constitutional + questions. + </p> + <p style="text-align: center"> + <span class="hi" style="font-style: italic;">Lord + Lieutenant and Crown Lands</span> + </p> + <p> + 24. Office of Lord Lieutenant. + </p> + <p> + 25. Use of Crown lands by Irish Government. + </p> + <p style="text-align: center"> + <span class="hi" style="font-style: italic;">Judges and + Civil Servants</span> + </p> + <p> + 26. Tenure of future judges. + </p> + <p> + 27. As to existing judges and other persons having + salaries charged on the Consolidated Fund. + </p> + <p> + 28. As to persons holding civil service appointments. + </p> + <p> + 29. As to existing pensions and superannuation + allowances. + </p> + <p style="text-align: center"> + <span class="hi" style= + "font-style: italic;">Police</span> + </p> + <p> + 30. As to Police. + </p> + <p style="text-align: center"> + <span class="hi" style= + "font-style: italic;">Miscellaneous</span> + </p> + <p> + 31. Irish Exchequer Consolidated Fund and Audit. + </p> + <p> + 32. Law applicable to both Houses of Irish Legislature. + </p> + <p> + 33. Supplemental provisions as to powers of Irish + Legislature. + </p> + <p> + 34. Limitation on borrowing by local authorities. + </p> + <p style="text-align: center"> + <span class="hi" style="font-style: italic;">Transitory + Provisions</span> + </p> + <p> + 35. Temporary restriction on powers of Irish Legislature + and Executive. + </p> + <p> + 36. Transitory provisions. + </p> + <p> + 37. Continuance of existing laws, courts, officers, etc. + </p> + <p> + 38. Appointed day. + </p> + <p> + 39. Definitions. + </p> + <p> + 40. Short title. + </p> + <p> + SCHEDULES + </p> + </div><a name="pg197" id="pg197"></a> + <hr class="page" /> + <div> + <a name="toc_53" id="toc_53"></a> + <h3> + A Bill To Amend The Provision For The Government Of + Ireland<a href="#note_138"><span class= + "footnoteref">138</span></a> + </h3> + <p> + Whereas it is expedient that without impairing or + restricting the supreme authority of Parliament, an Irish + Legislature should be created for such purposes in + Ireland as in this Act mentioned: + </p> + <p> + Be it therefore enacted by the Queen's most Excellent + Majesty, by and with the advice and consent of the Lords + Spiritual and Temporal, and Commons, in this present + Parliament assembled, and by the authority of the same, + as follows: + </p> + <p style="text-align: center"> + <span class="hi" style="font-style: italic;">Legislative + Authority</span> + </p> + <p> + 1. <span class="hi" style="font-style: italic;">On and + after the appointed day</span> there shall be in Ireland + a Legislature consisting of Her Majesty the Queen and of + two Houses, the Legislative Council and the Legislative + Assembly. + </p> + <p> + 2. With the exceptions and subject to the restrictions in + this Act mentioned, there shall be granted to the Irish + Legislature power to make laws for the peace, order, and + good government of Ireland in respect of matters + exclusively relating to Ireland or some part thereof. + </p> + <p> + 3. The Irish Legislature shall not have power to make + laws in respect of the following matters or any of + them:— + </p> + <div class="display"> + <p> + (1) The Crown, or the succession to the Crown, or a + Regency; or the Lord Lieutenant as representative of + the Crown; or + </p> + <p> + (2) The making of peace or war or matters arising from + a state of war; or + </p> + <p> + (3) Naval or military forces, or the defence of the + realm; or + </p> + <p> + (4) Treaties and other relations with foreign States or + the relations between different parts of Her Majesty's + dominions or offences connected with such treaties or + relations; or + </p> + <p> + (5) Dignities or titles of honour; or + </p><a name="pg198" id="pg198"></a> + <p> + (6) Treason, treason-felony, alienage, or + naturalisation; or + </p> + <p> + (7) Trade with any place out of Ireland; or quarantine, + or navigation (except as respects inland waters and + local health or harbour regulations); or + </p> + <p> + (8) Beacons, lighthouses, or sea marks (except so far + as they can consistently with any general Act of + Parliament be constructed or maintained by a local + harbour authority); or + </p> + <p> + (9) Coinage; legal tender; or the standard of weights + and measures; or + </p> + <p> + (10) Trade marks, merchandise marks, copyright, or + patent rights. + </p> + </div> + <p> + Any law made in contravention of this section shall be + void. + </p> + <p> + 4. The powers of the Irish Legislature shall not extend + to the making of any law— + </p> + <div class="display"> + <p> + (1) Respecting the establishment or endowment of + religion, or prohibiting the free exercise thereof; or + </p> + <p> + (2) Imposing any disability, or conferring any + privilege, on account of religious belief; or + </p> + <p> + (3) Abrogating or prejudicially affecting the right to + establish or maintain any place of denominational + education or any denominational institution or charity; + or + </p> + <p> + (4) Prejudicially affecting the right of any child to + attend a school receiving public money, without + attending the religious instruction at that school; or + </p> + <p> + (5) Whereby any person may be deprived of life, + liberty, or property without due process of law, or may + be denied the equal protection of the laws, or whereby + private property may be taken without just + compensation; or + </p> + <p> + (6) Whereby any existing corporation incorporated by + Royal Charter or by any local or general Act of + Parliament (not being a corporation raising for 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 obtained on + address from the two Houses of the Irish Legislature, + be deprived of its rights, privileges, or property + without due process of law; or + </p> + <p> + (7) Whereby any inhabitant of the United Kingdom may be + deprived of equal rights as respects public sea + fisheries. + </p> + </div> + <p> + Any law made in contravention of this section shall be + void. + </p> + <p style="text-align: center"> + <span class="hi" style="font-style: italic;">Executive + Authority</span> + </p> + <p> + 5.—(1) The executive power in Ireland shall + continue vested in Her Majesty the Queen, and the Lord + Lieutenant, on behalf <a name="pg199" id="pg199"></a> of + Her Majesty, shall exercise any prerogatives or other + executive power of the Queen the exercise of which may be + delegated to him by Her Majesty, and shall, in Her + Majesty's name, summon, prorogue, and dissolve the Irish + Legislature. + </p> + <p> + (2) There shall be an Executive Committee of the Privy + Council of Ireland to aid and advise in the government of + Ireland, being of such numbers, and comprising persons + holding such offices, as Her Majesty may think fit, or as + may be directed by Irish Act. + </p> + <p> + (3) The Lord Lieutenant shall, on the advice of the said + Executive Committee, give or withhold the assent of Her + Majesty to Bills passed by the two Houses of the Irish + Legislature, subject nevertheless to any instructions + given by Her Majesty in respect of any such Bill. + </p> + <p style="text-align: center"> + <span class="hi" style="font-style: italic;">Constitution + of Legislature</span> + </p> + <p> + 6.—(1) The Irish Legislative Council shall consist + of <span class="hi" style= + "font-style: italic;">forty-eight</span> councillors. + </p> + <p> + (2) Each of the constituencies mentioned in the First + Schedule to this Act shall return the number of + councillors named opposite thereto in the schedule. + </p> + <p> + (3) Every man shall be entitled to be registered as an + elector, and when registered to vote at an election, of a + councillor for a constituency, who owns or occupies any + land or tenement in the constituency of a rateable value + of more than <span class="hi" style= + "font-style: italic;">twenty</span> 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 five of the + Representation of the People Act, 1884, as the case may + be: Provided that a man shall not be entitled to be + registered, nor if registered to vote, at an election of + a councillor in more than one constituency in the same + year. + </p> + <p> + (4) The term of office of every councillor shall be + <span class="hi" style="font-style: italic;">eight</span> + years, and shall not be affected by a dissolution; and + one <span class="hi" style= + "font-style: italic;">half</span> of the councillors + shall retire in every <span class="hi" style= + "font-style: italic;">fourth</span> year, and their seats + shall be filled by a new election. + </p> + <p> + 7.—(1) The Irish Legislative Assembly shall consist + of <span class="hi" style="font-style: italic;">one + hundred and three</span> members, returned by the + existing parliamentary constituencies in Ireland, or the + existing divisions thereof, and elected by the + parliamentary electors for the time being in those + constituencies or divisions. + </p> + <p> + (2) The Irish Legislative Assembly when summoned may, + <a name="pg200" id="pg200"></a> unless sooner dissolved, + have continuance <span class="hi" style= + "font-style: italic;">for five</span> years from the day + on which the summons directs it to meet and no longer. + </p> + <p> + (3) After <span class="hi" style= + "font-style: italic;">six</span> years from the passing + of this Act, the Irish Legislature may alter the + qualification of the electors, and the constituencies, + and the distribution of the members among the + constituencies, provided that in such distribution due + regard is had to the population of the constituencies. + </p> + <p> + 8. If a Bill or any provision of a Bill adopted by the + Legislative Assembly is lost by the disagreement of the + Legislative Council, and after a dissolution, or the + period of <span class="hi" style= + "font-style: italic;">two years</span> from such + disagreement, such 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 + submitted to the members of the two Houses deliberating + and voting together thereon, and shall be adopted or + rejected according to the decision of the majority of + those members present and voting on the question. + </p> + <p style="text-align: center"> + <span class="hi" style="font-style: italic;">Irish + Representation in House of Commons</span> + </p> + <p> + 9. Unless and until Parliament otherwise determines, the + following provisions shall have effect— + </p> + <div class="display"> + <p> + (1) After <span class="hi" style= + "font-style: italic;">the appointed day</span> each of + the constituencies named in the Second Schedule to this + Act shall return to serve in Parliament the number of + members named opposite thereto in that schedule, and no + more, and Dublin University shall cease to return any + member. + </p> + <p> + (2) The existing divisions of the constituencies shall, + save as provided in that schedule, be abolished. + </p> + <p> + (3) An Irish representative peer in the House of Lords + and a member of the House of Commons for an Irish + constituency shall not be entitled to deliberate or + vote on— + </p> + <div class="display"> + <p> + (<span class="hi" style= + "font-style: italic;">a</span>) any Bill or motion in + relation thereto, the operation of which Bill or + motion is confined to Great Britain or some part + thereof; or + </p> + <p> + (<span class="hi" style= + "font-style: italic;">b</span>) any motion or + resolution relating solely to some tax not raised or + to be raised in Ireland; or + </p> + <p> + (<span class="hi" style= + "font-style: italic;">c</span>) any vote or + appropriation of money made exclusively for some + service not mentioned in the Third Schedule to this + Act; or + </p> + <p> + (<span class="hi" style= + "font-style: italic;">d</span>) any motion or + resolution exclusively affecting Great Britain or + some part thereof or some local authority or some + person or thing therein; or + </p><a name="pg201" id="pg201"></a> + <p> + (<span class="hi" style= + "font-style: italic;">e</span>) any motion or + resolution, incidental to any such motion or + resolution as either is last mentioned, or relates + solely to some tax not raised or to be raised in + Ireland, or incidental to any such vote or + appropriation of money as aforesaid. + </p> + </div> + <p> + (4) Compliance with the provisions of this section + shall not be questioned otherwise than in each House in + manner provided by the House. + </p> + <p> + (5) The election laws and the laws relating to the + qualification of parliamentary electors shall not, so + far as they relate to parliamentary elections, be + altered by the Irish Legislature, but 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 for Her Majesty by Order in Council to + arrange for the issue of such writs, and the writs + issued in pursuance of such Order shall be of the same + effect as if issued in manner heretofore accustomed. + </p> + </div> + <p style="text-align: center"> + <span class="hi" style= + "font-style: italic;">Finance</span> + </p> + <p> + 10.—(1) <span class="hi" style= + "font-style: italic;">On and after the appointed + day</span> there shall be an Irish Exchequer and + Consolidated Fund separate from those of the United + Kingdom. + </p> + <p> + (2) The duties of customs and excise and the duties on + postage shall be imposed by Act of Parliament, but + subject to the provisions of this Act the Irish + Legislature may, in order to provide for the public + service of Ireland, impose any other taxes. + </p> + <p> + (3) Save as in this Act mentioned, all matters relating + to the taxes in Ireland and the collection and management + thereof shall be regulated by Irish Act, and the same + shall be collected and managed by the Irish Government + and form part of the public revenues of Ireland: Provided + that— + </p> + <div class="display"> + <p> + <span class="hi" style="font-style: italic;">(a)</span> + the duties of customs shall be regulated, collected, + managed, and paid into the Exchequer of the United + Kingdom as heretofore; and + </p> + <p> + <span class="hi" style="font-style: italic;">(b)</span> + all prohibitions in connection with the duties of + excise, and so far as regards articles sent out of + Ireland, all matters relating to those duties, shall be + regulated by Act of Parliament; and + </p> + <p> + <span class="hi" style="font-style: italic;">(c)</span> + the excise duties on articles consumed in Great Britain + shall be paid in Great Britain or to an officer of the + Government of the United Kingdom. + </p> + </div> + <p> + (4) Save as in this Act mentioned, all the public + revenues of Ireland shall be paid into the Irish + Exchequer and form a Consolidated <a name="pg202" id= + "pg202"></a> Fund, and be appropriated to the public + service of Ireland by Irish Act. + </p> + <p> + (5) If the duties of excise are increased above the rates + in force on <span class="hi" style= + "font-style: italic;">the first day of March one thousand + eight hundred and ninety-three</span>, the net proceeds + in Ireland of the duties in excess of the said rates + shall be paid from the Irish Exchequer to the Exchequer + of the United Kingdom. + </p> + <p> + (6) <span class="hi" style="font-style: italic;">If the + duties of excise are reduced below the rates in force on + the said day, and the net proceeds of such duties in + Ireland are in consequence less than the net proceeds of + the duties before the reduction, a sum equal to the + deficiency shall, unless it is otherwise agreed between + the Treasury and the Irish Government, be paid from the + Exchequer of the United Kingdom to the Irish + Exchequer</span>. + </p> + <p> + 11.—(1) The hereditary revenues of the Crown in + Ireland which are managed by the Commissioners of Woods + shall continue during the life of Her present Majesty to + be managed and collected by 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 proceeds of + the sale of those revenues as have not been re-invested + in Ireland), shall be paid into the Treasury Account + (Ireland) hereinafter mentioned, for the benefit of the + Irish Exchequer. + </p> + <p> + (2) A person shall not be required to pay income tax in + Great Britain in respect of property situate or business + carried on in Ireland, and a person shall not be required + to pay income tax in Ireland in respect of property + situate or business carried on in Great Britain. + </p> + <p> + (3) <span class="hi" style="font-style: italic;">For the + purpose of giving to Ireland the benefit of the + difference between the income tax collected in Great + Britain from British, Colonial, and foreign securities + held by residents in Ireland, and the income tax + collected 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 + determined by the Treasury, in accordance with a minute + of the Treasury laid before Parliament before the + appointed day, and such allowance shall be paid into the + Treasury Account (Ireland) for the benefit of the Irish + Exchequer</span>. + </p> + <p> + (4) Provided that the provisions of this section with + respect to income tax shall not apply to any excess of + the rate of income tax in Great Britain above the rate in + Ireland or of the rate of income tax in Ireland above the + rate in Great Britain. + </p><a name="pg203" id="pg203"></a> + <p> + 12.—(1) The duties of customs contributed by + Ireland and, save as provided by this Act, that portion + of any public revenue of the United 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 Consolidated Fund of the United Kingdom, as the + contribution of Ireland to Imperial liabilities and + expenditure as defined in that Schedule. + </p> + <p> + (2) The civil charges of the Government in Ireland shall, + subject as in this Act mentioned, be borne after the + appointed day by Ireland. + </p> + <p> + (3) After <span class="hi" style= + "font-style: italic;">fifteen</span> years from the + passing of this Act the arrangements made by this Act for + the contribution of Ireland to Imperial liabilities and + expenditure, and otherwise for the financial relations + between the United Kingdom and Ireland, may be revised in + pursuance of an address to Her Majesty from the House of + Commons, or from the Irish Legislative Assembly. + </p> + <p> + 13.—(1) There shall be established under the + direction of the Treasury an account (in this Act + referred to as the Treasury Account (Ireland)). + </p> + <p> + (2) There shall be paid into such account all sums + payable from the Irish Exchequer to the Exchequer of the + United Kingdom, or from the latter to the former + Exchequer, and all sums directed to be paid into the + account for the benefit of either of the said Exchequers. + </p> + <p> + (3) All sums which are payable from either of the said + Exchequers to the other of them, or being payable out of + one of the said Exchequers are repayable by the other + Exchequer, shall in the 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 revenue + collected in Ireland, and the Irish Government out of any + of the public revenues in Ireland, may direct money to be + paid to the Treasury Account (Ireland) instead of into + the Exchequer. + </p> + <p> + (4) Any surplus standing on the account to the credit of + either Exchequer, and not required for meeting payments, + shall at convenient 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 forthwith paid to + the National Debt Commissioners, that sum may be paid to + those Commissioners without being paid into the + Exchequer. + </p> + <p> + (5) All sums payable by virtue of this Act out of the + Consolidated Fund of the United Kingdom or of Ireland + shall be payable from the Exchequer 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 the + Exchequer of the United Kingdom shall, if not otherwise + paid, be charged on and paid out of the Consolidated Fund + of the United Kingdom. + </p><a name="pg204" id="pg204"></a> + <p> + 14.—(1) There shall be charged on the Irish + Consolidated Fund in favour of the Exchequer of the + United Kingdom as a first charge on that fund all sums + which— + </p> + <div class="display"> + <p> + <span class="hi" style="font-style: italic;">(a)</span> + are payable to that Exchequer from the Irish Exchequer; + or + </p> + <p> + <span class="hi" style="font-style: italic;">(b)</span> + are required to repay to the Exchequer of the United + Kingdom sums issued to meet the dividends or sinking + fund on guaranteed land stock under the Purchase of + Land (Ireland) Act, 1891, or + </p> + <p> + <span class="hi" style="font-style: italic;">(c)</span> + otherwise have been or are required to be paid out of + the Exchequer of the United Kingdom in consequence of + the non-payment thereof out of the Exchequer of Ireland + or otherwise by the Irish Government. + </p> + </div> + <p> + (2) If at any time the Controller and Auditor-General of + the United Kingdom is satisfied that any such charge is + due, he shall certify the amount of it, and the Treasury + shall send such 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 United Kingdom, and such order + shall be duly obeyed by all persons, and until the amount + is wholly paid no other payment shall be made out of the + Irish Exchequer for any purpose whatever. + </p> + <p> + (3) There shall be charged on the Irish Consolidated Fund + next after the foregoing charge: + </p> + <div class="display"> + <p> + (<span class="hi" style="font-style: italic;">a</span>) + all sums, for dividends or sinking fund on guaranteed + land stock under the Purchase of Land (Ireland) Act, + 1891, which the Land Purchase Account and the Guarantee + Fund under that Act are insufficient to pay; + </p> + <p> + <span class="hi" style="font-style: italic;">(b)</span> + all sums due in respect of any debt incurred by the + Government of Ireland, whether for interest, + management, or sinking fund; + </p> + <p> + <span class="hi" style="font-style: italic;">(c)</span> + an annual sum of <span class="hi" style= + "font-style: italic;">five thousand</span> pounds for + the expenses of the household and establishment of the + Lord Lieutenant; + </p> + <p> + <span class="hi" style="font-style: italic;">(d)</span> + all existing charges on the Consolidated Fund of the + United Kingdom in respect of Irish services other than + the salary of the Lord Lieutenant; and + </p> + <p> + <span class="hi" style="font-style: italic;">(e)</span> + the salaries and pensions of all judges of the Supreme + Court or other superior court in Ireland or of any + county or other like court, who are appointed after the + passing of this Act, and are not the Exchequer judges + hereafter mentioned. + </p> + </div><a name="pg205" id="pg205"></a> + <p> + (4) Until all charges created by this Act upon the Irish + Consolidated Fund and for the time being due are paid, no + money shall be issued from the Irish Exchequer for any + other purpose whatever. + </p> + <p> + 15.—(1) All existing charges on the Church property + in Ireland—that is to say, all property accruing + under the Irish Church Act, 1869, and transferred 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 Consolidated Fund, and + any of those charges guaranteed by the Treasury, if and + so far as not paid, shall be paid out of the Exchequer of + the United Kingdom. + </p> + <p> + (2) Subject to the existing charges thereon, the said + Church property shall belong to the Irish Government, and + be managed, administered, and disposed of as directed by + Irish Act. + </p> + <p> + 16.—(1) All sums paid or applicable in or towards + the discharge of the interest or principal of any local + loan advanced before the appointed 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, and carried to the Local Loans Fund, + shall, after the appointed day, be paid, until otherwise + provided by Irish Act, to the Irish Exchequer. + </p> + <p> + (2) For the payment to the Local Loans Fund of the + principal and interest of such loans, the Irish + Government shall after the appointed day pay by + half-yearly payments an annuity for <span class="hi" + style="font-style: italic;">forty-nine</span> years, at + the rate of <span class="hi" style= + "font-style: italic;">four</span> 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 annuity shall be + paid from the Irish Exchequer to the Exchequer of the + United Kingdom, and when so paid shall be forthwith paid + to the National Debt Commissioners for the credit of the + Local Loans Fund. + </p> + <p> + (3) After the appointed day, money for loans in Ireland + shall cease to be advanced either by the Public Works + Loan Commissioners or out of the Local Loans Fund. + </p> + <p> + 17.—(1) So much of any Act as directs payment to + the Local Taxation (Ireland) Account of any share of + probate, excise, or customs duties payable to the + Exchequer of the United Kingdom shall, together 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 to the Local Taxation Accounts in + England and Scotland as would have been paid if <a name= + "pg206" id="pg206"></a> this Act had not passed, and any + residue of the said share shall be paid into the + Exchequer of the United Kingdom. + </p> + <p> + (2) The stamp duty chargeable in respect of the + personalty of a deceased person shall not in the case of + administration granted in Great Britain be chargeable in + respect of any personalty situate in Ireland, nor 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 exempt from stamp duty + on administration granted in Ireland, and any + administration granted in Ireland shall not, when + re-sealed in Great Britain, be exempt from stamp duty on + administration granted in Great Britain. + </p> + <p> + (3) In this section the expression "administration" means + probate or letters of administration, and as respects + Scotland, confirmation inclusive of the inventory + required under the Acts relating to the said stamp duty, + and the expression "personalty" means personal or movable + estate and effects. + </p> + <p> + 18.—(1) Bills for appropriating any part of the + public revenue or for imposing any tax shall originate in + the Legislative Assembly. + </p> + <p> + (2) It shall not be lawful for the Legislative Assembly + to adopt or pass any vote, resolution, address, or Bill + for the appropriation for any purpose of any part of the + public revenue of Ireland, or of any tax, except in + pursuance of a recommendation from the Lord Lieutenant in + the session in which such vote, resolution, address, or + Bill is proposed. + </p> + <p> + 19.—(1) Two of the judges of the Supreme Court in + Ireland shall be Exchequer judges, and shall be appointed + under the great seal of the United Kingdom; and their + salaries and pensions shall be charged on and paid out of + the Consolidated Fund of the United Kingdom. + </p> + <p> + (2) The Exchequer judges shall be removeable only by Her + Majesty on address from the two Houses of Parliament, and + each such judge shall, save as otherwise 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 judges of the Supreme Court, and + during his continuance in office his salary shall not be + diminished, nor his right to pension altered, without his + consent. + </p> + <p> + (3) An alteration of any rules relating to such legal + proceedings as are mentioned in this section shall not be + made except with the approval of Her Majesty the Queen in + Council; <a name="pg207" id="pg207"></a> and the sittings + of the Exchequer judges shall be regulated with the like + approval. + </p> + <p> + (4) All legal proceedings in Ireland, which are + instituted at the instance of or against the Treasury or + Commissioners of Customs, or any of their officers, or + relate to the election of members to serve in Parliament, + or touch any matter within the powers of the Irish + Legislature, or touch 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 them, and in any such legal + proceeding an appeal shall, if any party so requires, lie + from any court of first instance in Ireland to the + Exchequer judges, and the decision of the Exchequer + judges shall be subject to appeal to Her Majesty the + Queen in Council and not to any other tribunal. + </p> + <p> + (5) If it is made to appear to an Exchequer judge that + any decree or judgment in any such proceeding as + aforesaid has not been duly enforced by the sheriff or + other 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 + such officer and all persons employed by him shall be + entitled to the same privileges, immunities, and powers + as are by law conferred on a sheriff and his officers. + </p> + <p> + (6) The Exchequer judges, when not engaged in hearing and + determining such legal proceedings as above in this + section mentioned, shall perform such of the duties + ordinarily performed by other judges of the Supreme Court + in Ireland as may be assigned by Her Majesty the Queen in + Council. + </p> + <p> + (7) All sums recovered by the Treasury or the + Commissioners of Customs or any of their officers, or + recovered under any Act relating to duties of customs, + shall, notwithstanding anything in any other Act, be paid + to such public account as the Treasury or the + Commissioners direct. + </p> + <p style="text-align: center"> + <span class="hi" style="font-style: italic;">Post Office + Postal Telegraphs and Savings Banks</span> + </p> + <p> + 20.—(1) As from <span class="hi" style= + "font-style: italic;">the appointed day</span> the postal + and telegraph service in Ireland shall be transferred to + the Irish Government, and may be regulated by Irish Act, + except as in this Act mentioned and except as regards + matters relating— + </p> + <div class="display"> + <p> + (<span class="hi" style="font-style: italic;">a</span>) + to such conditions of the transmission or delivery of + postal packets and telegrams as are incidental to the + duties on postage; or + </p><a name="pg208" id="pg208"></a> + <p> + (<span class="hi" style="font-style: italic;">b</span>) + foreign mails or submarine telegraphs or through lines + in connection therewith; or + </p> + <p> + <span class="hi" style="font-style: italic;">(c)</span> + to any other postal or telegraph business in connection + with places out of the United Kingdom. + </p> + </div> + <p> + (2) The administration of or incidental to the said + excepted matters shall, save as may be otherwise arranged + with the Irish Post Office, remain with the + Postmaster-General. + </p> + <p> + (3) As regards the revenue and expenses of the postal and + telegraph service, the Postmaster-General shall retain + the revenue collected and defray the expenses incurred 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 Fourth Schedule + to this Act; which schedule shall have full effect, but + may be varied or added to by agreement between the + Postmaster-General and the Irish Post Office. + </p> + <p> + (4) <span class="hi" style="font-style: italic;">The sums + payable by the Postmaster-General or Irish Post Office to + the other of them in pursuance of this Act shall, if not + paid out of the Post Office moneys, be paid from the + Exchequer of the United Kingdom or of Ireland, as the + case requires, to the other Exchequer</span>. + </p> + <p> + (5) Sections forty-eight to fifty-two of the Telegraph + Act 1863, and any enactment amending the same, shall + apply to all telegraphic lines of the Irish Government in + like manner as to the telegraphs of a company within the + meaning of that Act. + </p> + <p> + 21.—(1) As from <span class="hi" style= + "font-style: italic;">the appointed day</span> there + shall be transferred to the Irish Government the post + office savings banks in Ireland and all such powers and + duties of any department or officer in Great Britain as + are connected with post office savings banks, trustee + savings banks or friendly societies in Ireland, and the + same may be regulated by Irish Act. + </p> + <p> + (2) The Treasury shall publish not less than six months' + previous notice of the transfer of savings banks. + </p> + <p> + (3) If before the date of the transfer any depositor in a + post office savings bank so requests, his deposit shall, + according to his request, either be paid to him or + transferred 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 + claim against the Postmaster-General or the Consolidated + Fund of the United Kingdom, but shall have the like claim + against the Government and Consolidated Fund of Ireland. + </p> + <p> + (4) If before the date of the transfer the trustees of + any <a name="pg209" id="pg209"></a> trustee savings bank + so request, then, according to the request, either all + sums due to them shall be repaid 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 the National Debt + Commissioners or the Consolidated Fund of the United + Kingdom, but shall have the like claim against the + Government and Consolidated Fund of Ireland. + </p> + <p> + (5) Notwithstanding the foregoing provisions of this + section, if a sum due on account of any annuity or policy + of insurance which has before the above-mentioned notice + been granted through a post office or trustee savings + bank is not paid by the Irish Government, that sum shall + be paid out of the Exchequer of the United Kingdom. + </p> + <p style="text-align: center"> + <span class="hi" style="font-style: italic;">Irish + Appeals and Decision of Constitutional Questions</span> + </p> + <p> + 22.—(1) The appeal from courts in Ireland to the + House of Lords shall cease; and where any person would, + but for this Act, have a right to appeal from any court + in Ireland 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 any Irish Act; and all enactments relating to appeals + to Her Majesty the Queen in Council, and to the Judicial + Committee of the Privy Council, shall apply accordingly. + </p> + <p> + (2) When the Judicial Committee sit for hearing appeals + from a court in Ireland, there shall be present not less + than four Lords of Appeal, within the meaning of the + Appellate Jurisdiction Act, 1876, and at least one member + who is or has been a judge of the Supreme Court in + Ireland. + </p> + <p> + (3) A rota of privy councillors to sit for hearing + appeals from courts in Ireland shall be made annually by + Her Majesty in Council, and the privy councillors, or + some of them, on that rota shall sit to hear the said + appeals. A casual vacancy in such rota during the year + may be filled by Order in Council. + </p> + <p> + (4) Nothing in this Act shall affect the jurisdiction of + the House of Lords to determine the claims to Irish + peerages. + </p> + <p> + 23.—(1) If it appears to the Lord Lieutenant or a + Secretary of State expedient in the public interest that + steps shall be taken for the speedy determination of the + question 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 question shall be forthwith <a name= + "pg210" id="pg210"></a> referred to and heard and + determined by the Judicial Committee of the Privy + Council, constituted as if hearing an appeal from a court + in Ireland. + </p> + <p> + (2) Upon the hearing of the question such persons as seem + to the Judicial Committee to be interested may be allowed + to appear and be heard as parties to the case, and the + decision of the Judicial Committee shall be given in like + manner as if it were the decision of an appeal, the + nature of the report or recommendation to Her Majesty + being stated in open court. + </p> + <p> + (3) Nothing in this Act shall prejudice any other power + of Her Majesty in Council to refer any question to the + Judicial Committee or the right of any person to petition + Her Majesty for such reference. + </p> + <p style="text-align: center"> + <span class="hi" style="font-style: italic;">Lord + Lieutenant and Crown Lands</span> + </p> + <p> + 24.—(1) Notwithstanding anything to the contrary in + any Act, every subject of the Queen shall be qualified to + hold the office of Lord Lieutenant of Ireland, without + reference to his religious belief. + </p> + <p> + (2) The term of office of the Lord Lieutenant shall be + <span class="hi" style="font-style: italic;">six + years</span>, without prejudice to the power of Her + Majesty the Queen at any time to revoke the appointment. + 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 lands and buildings in Ireland + vested in or held in trust for Her Majesty, and subject + to such conditions or restrictions (if any) as may seem + expedient. + </p> + <p style="text-align: center"> + <span class="hi" style="font-style: italic;">Judges and + Civil Servants</span> + </p> + <p> + 26. A judge of the Supreme Court or other superior court + in Ireland, or of any county court or other court with a + like jurisdiction in Ireland, 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 + Legislature of Ireland, nor during his continuance in + office shall his salary be diminished or right to pension + altered without his consent. + </p> + <p> + 27.—(1) All existing judges of the Supreme Court, + county court judges, and Land Commissioners in Ireland + and all existing officers serving in Ireland in the + permanent civil service of the Crown and receiving + salaries charged on the Consolidated Fund of the United + Kingdom, shall, if they are removeable at present on + address from both Houses of Parliament, continue to be + removeable <a name="pg211" id="pg211"></a> 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, or such duties as + Her Majesty may declare to be analogous, and their + salaries and pensions, if and so far as not paid out of + the Irish Consolidated Fund, shall be paid out of the + Exchequer of the United Kingdom: Provided that this + section shall be subject to the provisions of this Act + with respect to the Exchequer judges. + </p> + <p> + (2) <span class="hi" style="font-style: italic;">If any + of the said judges, commissioners, or officers retires + from office with the Queen's approbation before + completion of the period of service entitling him to a + pension, Her Majesty may, if she thinks fit, grant to him + such pension, not exceeding the pension to which he would + on that completion have been entitled, as to Her Majesty + seems meet</span>. + </p> + <p> + 28.—(1) All existing officers in the permanent + civil service of the Crown, who are not above provided + for, and are at the appointed day serving in Ireland, + shall after that day continue to hold their offices by + the same tenure 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; <span class="hi" style= + "font-style: italic;">and the said gratuities and + pensions, and until three years after the passing of this + Act, the salaries due to any of the said officers if + remaining in his existing office, shall be paid to the + payees by the Treasury out of the Exchequer of the United + Kingdom</span>. + </p> + <p> + (2) Any such officer may after <span class="hi" style= + "font-style: italic;">three years</span> from the passing + of this Act retire from office, and shall, at any time + during those three years, if required by the Irish + Government, retire from office, and on any such + retirement may be awarded by the Treasury a gratuity or + pension in accordance with the Fifth Schedule to this + Act; Provided that— + </p> + <div class="display"> + <p> + (<span class="hi" style="font-style: italic;">a</span>) + six months' written notice shall, unless it is + otherwise agreed, be given either by the said officer + or by the Irish Government as the case requires; and + </p> + <p> + (<span class="hi" style="font-style: italic;">b</span>) + such number of officers only shall retire at one time + and at such intervals of time as the Treasury, in + communication with the Irish Government, sanction. + </p> + </div> + <p> + (3) If any such officer does not so retire, the Treasury + may award him after the said three years a pension in + accordance with the Fifth Schedule to this Act which + shall become payable to him on his ultimate retirement + from the service of the Crown. + </p><a name="pg212" id="pg212"></a> + <p> + (4) <span class="hi" style="font-style: italic;">The + gratuities and pensions awarded in accordance with the + Fifth Schedule to this Act shall be paid by the Treasury + to the payees out of the Exchequer of the United + Kingdom.</span> + </p> + <p> + (5) All sums paid out of the Exchequer of the United + Kingdom in pursuance of this section shall be repaid to + that Exchequer from the Irish Exchequer. + </p> + <p> + (6) This section shall not apply to officers retained in + the service of the Government of the United Kingdom. + </p> + <p> + 29. Any existing pension granted on account of service in + Ireland as a judge of the Supreme Court or of any court + consolidated into that court, or as a county court judge, + or in any other 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 Government of the United + Kingdom, shall be charged on the Irish Consolidated Fund, + and if and so far as not paid out of that fund, shall be + paid out of the Exchequer of the United Kingdom. + </p> + <p style="text-align: center"> + <span class="hi" style= + "font-style: italic;">Police</span> + </p> + <p> + 30.—(1) The forces of the Royal Irish Constabulary + and Dublin Metropolitan Police shall, when and as local + police forces are from time to time established in + Ireland in accordance with the Sixth Schedule to this + Act, be gradually reduced and ultimately cease to exist + as mentioned in that Schedule; and after the passing of + this Act, no officer or man shall be appointed to either + of those forces; + </p> + <p> + Provided that until the expiration of <span class="hi" + style="font-style: italic;">six</span> years from the + appointed day, nothing in this Act shall require the Lord + Lieutenant to cause either of the said forces to cease to + exist, if as representing Her Majesty the Queen he + considers it inexpedient. + </p> + <p> + (2) The said two forces shall, while they continue, be + subject to the control of the Lord Lieutenant as + representing Her Majesty, and the members thereof shall + continue to receive the same salaries, gratuities, and + pensions, and hold their appointments on the same tenure + as heretofore, <span class="hi" style= + "font-style: italic;">and those salaries, gratuities, and + pensions, and all the expenditure incidental to either + force, shall be paid out of the Exchequer of the United + Kingdom</span>. + </p> + <p> + (3) When any existing member of either force retires + under the provisions of the Sixth Schedule to this Act, + the Treasury may award to him a gratuity or pension in + accordance with that Schedule. + </p><a name="pg213" id="pg213"></a> + <p> + (4) <span class="hi" style="font-style: italic;">Those + gratuities and pensions and all existing pensions payable + in respect of service in either force, shall be paid by + the Treasury to the payees out of the Exchequer of the + United Kingdom</span>. + </p> + <p> + (5) <span class="hi" style= + "font-style: italic;">Two-thirds of the net amount + payable in pursuance of this section out of the Exchequer + of the United Kingdom shall be repaid to that Exchequer + from the Irish Exchequer</span>. + </p> + <p style="text-align: center"> + <span class="hi" style= + "font-style: italic;">Miscellaneous</span> + </p> + <p> + 31. Save as may be otherwise provided by Irish Act— + </p> + <div class="display"> + <p> + (<span class="hi" style="font-style: italic;">a</span>) + The existing law relating to the Exchequer and + Consolidated Fund of the United Kingdom shall apply + with the necessary modifications to the Exchequer and + Consolidated Fund of Ireland, and an officer shall be + appointed by the Lord Lieutenant to be the Irish + Comptroller and Auditor General; and + </p> + <p> + (<span class="hi" style="font-style: italic;">b</span>) + The accounts of the Irish Consolidated Fund shall be + audited as appropriation accounts in manner provided by + the Exchequer and Audit Departments Act, 1866, by or + under the direction of such officer. + </p> + </div> + <p> + 32.—(1) Subject as in this Act mentioned and + particularly to the Seventh Schedule to this Act (which + Schedule shall have full effect) all existing election + laws relating to the House of Commons and the members + thereof shall, so far as applicable, extend to each of + the two Houses of the Irish Legislature and the members + thereof, but such election laws so far as hereby extended + may be altered by Irish Act. + </p> + <p> + (2) The privileges, rights, and immunities to be held and + enjoyed by each House and the members thereof shall be + such as may be defined by Irish Act, but so that the same + shall never exceed those for the time being held and + enjoyed by the House of Commons, and the members thereof. + </p> + <p> + 33.—(i) The Irish Legislature may repeal or alter + any provision of this Act which is by this Act expressly + made alterable by that Legislature, and also any + enactments in force in Ireland, except 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 Irish Act, notwithstanding it is in any respect + repugnant to any enactment excepted as aforesaid, shall, + though read subject to that enactment, be, except to the + extent of that repugnancy, valid. + </p> + <p> + (2) An order, rule, or regulation, made in pursuance of, + or <a name="pg214" id="pg214"></a> having the force of, + an Act of Parliament, shall be deemed to be an enactment + within the meaning of this section. + </p> + <p> + (3) Nothing in this Act shall affect Bills relating to + the divorce or marriage of individuals, and any such Bill + shall be introduced and proceed in Parliament in like + manner as if this Act had not passed. + </p> + <p> + 34. The local authority for any county or borough or + other area shall not borrow money without either— + </p> + <div class="display"> + <p> + (<span class="hi" style="font-style: italic;">a</span>) + special authority from the Irish Legislature, or + </p> + <p> + (<span class="hi" style="font-style: italic;">b</span>) + the sanction of the proper department of the Irish + Government: + </p> + </div> + <p> + and shall not, without such special authority, borrow; + </p> + <div class="display"> + <p> + (i) in the case of a municipal borough or town or area + less than a county, any loan which together with the + then outstanding debt of the local authority, will + exceed twice the annual rateable value of the property + in the municipal borough, town, or area; or + </p> + <p> + (ii) in the case of a country or larger area, any loan + which together with the then outstanding debt of the + local authority, will exceed one-tenth of the annual + rateable value of the property in the county or area; + or + </p> + <p> + (iii) in any case a loan exceeding one-half of the + above limits without a local inquiry held in the + county, borough, or area by a person appointed for the + purpose by the said department. + </p> + </div> + <p style="text-align: center"> + <span class="hi" style="font-style: italic;">Transitory + Provisions</span> + </p> + <p> + 35.—(1) During <span class="hi" style= + "font-style: italic;">three</span> years from the passing + of this Act, and if Parliament is then sitting until the + end of that session of Parliament, the Irish Legislature + shall 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 + shall prevent the passing of any Irish Act with a view to + the purchase of land for railways, harbours, waterworks, + town improvements, or other local undertakings. + </p> + <p> + (2) During <span class="hi" style= + "font-style: italic;">six</span> years from the passing + of this Act, the appointment of a judge of the Supreme + Court or other superior courts in Ireland (other than one + of the Exchequer judges) shall be made in pursuance of a + warrant from Her Majesty countersigned as heretofore. + </p> + <p> + 36.—(1) Subject to the provisions of this Act Her + Majesty the Queen in Council may make or direct such + arrangements <a name="pg215" id="pg215"></a> as seem + necessary or proper for setting in motion the Irish + Legislature and Government and for otherwise bringing + this Act into operation. + </p> + <p> + (2) The Irish Legislature shall be summoned to meet on + the <span class="hi" style="font-style: italic;">first + Tuesday in September, one thousand eight hundred and + ninety-four</span>, and the first election of members of + the two Houses of the Irish Legislature shall be held at + such time before that day, as may be fixed by Her Majesty + in Council. + </p> + <p> + (3) Upon the first meeting of the Irish Legislature the + members of the House of Commons then sitting for Irish + constituencies, including the members for Dublin + University, shall vacate their seats, and writs shall, as + soon as conveniently may be, be issued by the Lord + Chancellor of Ireland for the purpose of holding an + election of members to serve in Parliament for the + constituencies named in the Second Schedule of this Act. + </p> + <p> + (4) The existing Chief Baron of the Exchequer, and the + senior of the existing puisne judges of the Exchequer + Division of the Supreme Court, or if they or either of + them are or is dead or unable or unwilling to act, such + other of the judges of the Supreme Court as Her Majesty + may appoint, shall be the first Exchequer judges. + </p> + <p> + (5) Where it appears to Her Majesty the Queen in Council, + before the expiration of <span class="hi" style= + "font-style: italic;">one year</span> after the appointed + day, that any existing enactment respecting matters + within the powers of the Irish Legislature requires + adaptation to Ireland, whether— + </p> + <div class="display"> + <p> + <span class="hi" style="font-style: italic;">(a)</span> + by the substitution of the Lord Lieutenant in Council, + or of any department or officer of the executive + Government in Ireland, for Her Majesty in Council, a + Secretary of State, the Treasury, the + Postmaster-General, the Board of Inland Revenue, or + other public department or officer in Great Britain; or + </p> + <p> + <span class="hi" style="font-style: italic;">(b)</span> + by the substitution of the Irish Consolidated Fund or + moneys provided by the Irish Legislature for the + Consolidated Fund of the United Kingdom, or moneys + provided by Parliament; or + </p> + <p> + <span class="hi" style="font-style: italic;">(c)</span> + by the substitution or confirmation by, or other act to + be done by or to, the Irish Legislature for + confirmation by or other act to be done by or to + Parliament; or + </p> + <p> + <span class="hi" style="font-style: italic;">(d)</span> + by any other adaptation; Her Majesty, by Order in + Council, may make that adaptation. + </p> + </div> + <p> + (6) Her Majesty the Queen in Council may provide for the + transfer of such property, rights, and liabilities, and + the doing of such other things as may appear to Her + Majesty necessary or <a name="pg216" id="pg216"></a> + proper for carrying into effect this Act or any Order in + Council under this Act. + </p> + <p> + (7) An Order in Council under this section may make an + adaptation or provide for a transfer either + unconditionally or subject to such exceptions, + conditions, and restrictions as may seem expedient. + </p> + <p> + (8) The draft of every Order in Council under this + section shall be laid before both Houses of Parliament + for not less than two months before 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 interfere with the continued application to any + place, authority, person, or thing, not in Ireland, of + the enactment to which the Order relates. + </p> + <p> + 37. Except as otherwise provided by this Act, all + existing laws, institutions, authorities, and officers in + Ireland, whether judicial, administrative, or + ministerial, and all existing taxes in Ireland shall + continue as if this Act had not passed, but with the + modifications necessary for adapting the same to this + Act, and subject to be repealed, abolished, altered, and + adapted in the manner and to the extent authorised by + this Act. + </p> + <p> + 38. Subject as in this Act mentioned the appointed day + for the purposes of this Act shall be the day of the + first meeting of the Irish Legislature, or such other day + not more than <span class="hi" style= + "font-style: italic;">seven</span> 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 this Act, and different days may be + appointed for different purposes and different provisions + of this Act, whether contained in the same section or in + different sections. + </p> + <p> + 39. In this Act unless the context otherwise + requires—The expression 'existing' means existing + at the passing of this Act. + </p> + <p> + The expression 'constituency' means a parliamentary + constituency or a county or borough returning a member or + members to serve in either House of the Irish + Legislature, as the case requires, and the expression + 'parliamentary constituency' means any county, borough, + or university returning a member or members to serve in + Parliament. + </p> + <p> + The expression 'parliamentary elector' means a person + entitled to be registered as a voter at a parliamentary + election. + </p> + <p> + The expression 'parliamentary election' means the + election of a member to serve in Parliament. + </p> + <p> + The expression 'tax' includes duties and fees, and the + expression 'duties of excise' does not include licence + duties. + </p><a name="pg217" id="pg217"></a> + <p> + The expression 'foreign mails' means all postal packets, + whether letters, parcels, or other packets, posted in the + United Kingdom and sent to a place out of the United + Kingdom, or posted in a place out of the United Kingdom + and sent to a place in the United Kingdom, or in transit + through the United Kingdom to a place out of the United + Kingdom. + </p> + <p> + The expression 'telegraphic line' has the same meaning as + in the Telegraph Acts, 1863 to 1892. + </p> + <p> + The expression 'duties on postage' includes all rates and + sums chargeable for or in respect of postal packets, + money orders, or telegrams, or otherwise under the Post + Office Acts or the Telegraph Act, 1892. + </p> + <p> + The expression 'Irish Act' means a law made by the Irish + Legislature. + </p> + <p> + The expression 'election laws' means the laws relating to + the election of members to serve in Parliament, other + than those relating to the qualification of electors, and + includes all the laws respecting the registration of + electors, the issue and execution of writs, the creation + of polling districts, the taking of the poll, the + questioning of elections, corrupt and illegal practices, + the disqualification of members and the vacating of + seats. + </p> + <p> + The expression 'rateable value' means the annual rateable + value under the Irish Valuation Acts. + </p> + <p> + The expression 'salary' includes remuneration, + allowances, and emoluments. + </p> + <p> + The expression 'pension' includes superannuation + allowance. + </p> + <p> + 40. This Act may be cited as the Irish Government Act, + 1893. + </p> + </div><a name="pg218" id="pg218"></a> + <hr class="page" /> + <div> + <a name="toc_54" id="toc_54"></a> + <h3> + Schedules + </h3> + <div> + <a name="toc_55" id="toc_55"></a> + <h4> + First Schedule + </h4> + <p style="text-align: center"> + Legislative Council + </p> + <p style="text-align: center"> + Constituencies And Number Of Councillors + </p> + <p> + + </p> + <table summary=""> + <tbody> + <tr> + <td> + Constituencies + </td> + <td> + Councillors + </td> + </tr> + <tr> + <td> + Antrim county + </td> + <td> + Three + </td> + </tr> + <tr> + <td> + Armagh county + </td> + <td> + One + </td> + </tr> + <tr> + <td> + Belfast borough + </td> + <td> + Two + </td> + </tr> + <tr> + <td> + Carlow county + </td> + <td> + One + </td> + </tr> + <tr> + <td> + Cavan county + </td> + <td> + One + </td> + </tr> + <tr> + <td> + Clare county + </td> + <td> + One + </td> + </tr> + <tr> + <td> + Cork county— + </td> + <td></td> + </tr> + <tr> + <td> + East Riding + </td> + <td> + Three + </td> + </tr> + <tr> + <td> + West Riding + </td> + <td> + One + </td> + </tr> + <tr> + <td> + Cork borough + </td> + <td> + One + </td> + </tr> + <tr> + <td> + Donegal county + </td> + <td> + One + </td> + </tr> + <tr> + <td> + Down county + </td> + <td> + Three + </td> + </tr> + <tr> + <td> + Dublin county + </td> + <td> + Three + </td> + </tr> + <tr> + <td> + Dublin borough + </td> + <td> + Two + </td> + </tr> + <tr> + <td> + Fermanagh county + </td> + <td> + One + </td> + </tr> + <tr> + <td> + Galway county + </td> + <td> + Two + </td> + </tr> + <tr> + <td> + Kerry county + </td> + <td> + One + </td> + </tr> + <tr> + <td> + Kildare county + </td> + <td> + One + </td> + </tr> + <tr> + <td> + Kilkenny county + </td> + <td> + One + </td> + </tr> + <tr> + <td> + King's county + </td> + <td> + One + </td> + </tr> + <tr> + <td> + Leitrim and Sligo counties + </td> + <td> + One + </td> + </tr> + <tr> + <td> + Limerick county + </td> + <td> + Two + </td> + </tr> + <tr> + <td> + Londonderry county + </td> + <td> + One + </td> + </tr> + <tr> + <td> + Longford county + </td> + <td> + One + </td> + </tr> + <tr> + <td> + Louth county + </td> + <td> + One + </td> + </tr> + <tr> + <td> + Mayo county + </td> + <td> + One + </td> + </tr> + <tr> + <td> + Meath county + </td> + <td> + One + </td> + </tr> + <tr> + <td> + Monaghan county + </td> + <td> + One + </td> + </tr> + <tr> + <td> + Queen's county + </td> + <td> + One + </td> + </tr> + <tr> + <td> + Roscommon county + </td> + <td> + One + </td> + </tr> + <tr> + <td> + Tipperary county + </td> + <td> + Two + </td> + </tr> + <tr> + <td> + Tyrone county + </td> + <td> + One + </td> + </tr> + <tr> + <td> + Waterford county + </td> + <td> + One + </td> + </tr> + <tr> + <td> + Westmeath county + </td> + <td> + One + </td> + </tr> + <tr> + <td> + Wexford county + </td> + <td> + One + </td> + </tr> + <tr> + <td> + Wicklow county + </td> + <td> + One + </td> + </tr> + <tr> + <td></td> + <td> + Forty-eight + </td> + </tr> + </tbody> + </table> + <p> + + </p><a name="pg219" id="pg219"></a> + <p> + The expression 'borough' in this Schedule means an + existing parliamentary borough. + </p> + <p> + Counties of cities and towns not named in this Schedule + shall be combined with the county at large in which + they are included for parliamentary elections, and, if + not so included, then with the county at large bearing + the same name. + </p> + <p> + A borough named in this Schedule shall not for the + purposes of this Schedule form part of any other + constituency. + </p> + </div><a name="pg220" id="pg220"></a> + <hr class="page" /> + <div> + <a name="toc_56" id="toc_56"></a> + <h4> + Second Schedule + </h4> + <p style="text-align: center"> + Irish Members In The House Of Commons + </p> + <p> + + </p> + <table summary=""> + <tbody> + <tr> + <td> + Constituencies + </td> + <td> + Number of Members for House of Commons + </td> + </tr> + <tr> + <td> + Antrim county + </td> + <td> + Three + </td> + </tr> + <tr> + <td> + Armagh county + </td> + <td> + Two + </td> + </tr> + <tr> + <td> + Belfast borough (in divisions as mentioned below) + </td> + <td> + Four + </td> + </tr> + <tr> + <td> + Carlow county + </td> + <td> + One + </td> + </tr> + <tr> + <td> + Cavan county + </td> + <td> + Two + </td> + </tr> + <tr> + <td> + Clare county + </td> + <td> + Two + </td> + </tr> + <tr> + <td> + Cork county (in divisions as mentioned below) + </td> + <td> + Five + </td> + </tr> + <tr> + <td> + Cork borough + </td> + <td> + Two + </td> + </tr> + <tr> + <td> + Donegal county + </td> + <td> + Three + </td> + </tr> + <tr> + <td> + Down county + </td> + <td> + Three + </td> + </tr> + <tr> + <td> + Dublin county + </td> + <td> + Two + </td> + </tr> + <tr> + <td> + Dublin borough (in divisions as mentioned below) + </td> + <td> + Four + </td> + </tr> + <tr> + <td> + Fermanagh county + </td> + <td> + One + </td> + </tr> + <tr> + <td> + Galway county + </td> + <td> + Three + </td> + </tr> + <tr> + <td> + Galway borough + </td> + <td> + One + </td> + </tr> + <tr> + <td> + Kerry county + </td> + <td> + Three + </td> + </tr> + <tr> + <td> + Kildare county + </td> + <td> + One + </td> + </tr> + <tr> + <td> + Kilkenny county + </td> + <td> + One + </td> + </tr> + <tr> + <td> + Kilkenny borough + </td> + <td> + One + </td> + </tr> + <tr> + <td> + King's county + </td> + <td> + One + </td> + </tr> + <tr> + <td> + Leitrim county + </td> + <td> + Two + </td> + </tr> + <tr> + <td> + Limerick county + </td> + <td> + Two + </td> + </tr> + <tr> + <td> + Limerick borough + </td> + <td> + One + </td> + </tr> + <tr> + <td> + Londonderry county + </td> + <td> + Two + </td> + </tr> + <tr> + <td> + Londonderry borough + </td> + <td> + One + </td> + </tr> + <tr> + <td> + Longford county + </td> + <td> + One + </td> + </tr> + <tr> + <td> + Louth county + </td> + <td> + One + </td> + </tr> + <tr> + <td> + Mayo county + </td> + <td> + Three + </td> + </tr> + <tr> + <td> + Meath county + </td> + <td> + Two + </td> + </tr> + <tr> + <td> + Monaghan county + </td> + <td> + Two + </td> + </tr> + <tr> + <td> + Newry borough + </td> + <td> + One + </td> + </tr> + <tr> + <td> + Queen's county + </td> + <td> + One + </td> + </tr> + <tr> + <td> + Roscommon county + </td> + <td> + Two + </td> + </tr> + <tr> + <td> + Sligo county + </td> + <td> + Two + </td> + </tr> + <tr> + <td> + Tipperary county + </td> + <td> + Three + </td> + </tr> + <tr> + <td> + Tyrone county + </td> + <td> + Three + </td> + </tr> + <tr> + <td> + Waterford county + </td> + <td> + One + </td> + </tr> + <tr> + <td> + Waterford borough + </td> + <td> + One + </td> + </tr> + <tr> + <td> + Westmeath county + </td> + <td> + One + </td> + </tr> + <tr> + <td> + Wexford county + </td> + <td> + Two + </td> + </tr> + <tr> + <td> + Wicklow county + </td> + <td> + One + </td> + </tr> + <tr> + <td></td> + <td> + Eighty + </td> + </tr> + </tbody> + </table> + <p> + + </p><a name="pg221" id="pg221"></a> + <p> + (1) In this Schedule the expression 'borough' means an + existing parliamentary borough. + </p> + <p> + (2) In the parliamentary boroughs of Belfast and + Dublin, one member shall be returned by each of the + existing parliamentary divisions of those boroughs, and + the law relating to the divisions of boroughs shall + apply accordingly. + </p> + <p> + (3) The county of Cork shall be divided into two + divisions, consisting of the East Riding and the West + Riding, and three members shall be elected by the East + Riding, and two members shall be elected by the West + Riding; and the law relating to divisions of counties + shall apply to those divisions. + </p> + </div><a name="pg222" id="pg222"></a> + <hr class="page" /> + <div> + <a name="toc_57" id="toc_57"></a> + <h4> + Third Schedule + </h4> + <p style="text-align: center"> + Finance + </p> + <p style="text-align: center"> + Imperial Liabilities, Expenditure, And Miscellaneous + Revenue + </p> + <p style="text-align: center"> + <span class="hi" style= + "font-style: italic;">Liabilities</span> + </p> + <p> + For the purposes of this Act 'Imperial liabilities' + consist of:— + </p> + <div class="display"> + <p> + (1) The funded and unfunded debt of the United + Kingdom, inclusive of terminable annuities paid out + of the permanent annual charge for the National Debt, + and inclusive of the cost of the management of the + said funded and unfunded debt, but exclusive of the + Local Loans stock and Guaranteed Land stock and the + cost of the management thereof; and + </p> + <p> + (2) All other charges on the Consolidated Fund of the + United Kingdom for the repayment of borrowed money, + or to fulfil a guarantee. + </p> + </div> + <p style="text-align: center"> + <span class="hi" style= + "font-style: italic;">Expenditure</span> + </p> + <p> + For the purpose of this Act Imperial expenditure + consists of expenditure for the following + services:— + </p> + <p> + I. Naval and military expenditure (including Greenwich + Hospital). + </p> + <p> + II. Civil expenditure, that is to say— + </p> + <div class="display"> + <p> + <span class="hi" style= + "font-style: italic;">(a)</span> Civil list and Royal + family. + </p> + <p> + <span class="hi" style= + "font-style: italic;">(b)</span> Salaries, pensions, + allowances, and incidental expenses of— + </p> + <div class="display"> + <p> + (i) Lord Lieutenant of Ireland; + </p> + <p> + (ii) Exchequer judges in Ireland. + </p> + </div> + <p> + <span class="hi" style= + "font-style: italic;">(c)</span> Building, works, + salaries, pensions, printing, stationery, allowances, + and incidental expenses of— + </p> + <div class="display"> + <p> + (i) Parliament; + </p> + <p> + (ii) National Debt Commissioners; + </p> + <p> + (iii) Foreign Office and diplomatic and consular + service, including secret service, special + services, and telegraph subsidies; + </p> + <p> + (iv) Colonial Office, including special services + and telegraph subsidies; + </p> + <p> + (v) Privy Council; + </p><a name="pg223" id="pg223"></a> + <p> + (vi) Board of Trade, including the Mercantile + Marine Fund, Patent Office, Railway Commission, and + Wreck Commission, but excluding Bankruptcy; + </p> + <p> + (vii) Mint; + </p> + <p> + (viii) Meteorological Society; + </p> + <p> + (ix) Slave trade service. + </p> + </div> + <p> + (<span class="hi" style= + "font-style: italic;">d</span>) Foreign mails and + telegraphic communication with places outside the + United Kingdom. + </p> + </div> + <p style="text-align: center"> + <span class="hi" style= + "font-style: italic;">Revenue</span> + </p> + <p> + For the purposes of this Act the public revenue to a + portion of which Ireland may claim to be entitled + consists of revenue from the following sources:— + </p> + <p> + 1. Suez Canal shares or payments on account thereof. + </p> + <p> + 2. Loans and advances to foreign countries. + </p> + <p> + 3. Annual payments by British possessions. + </p> + <p> + 4. Fees, stamps, and extra receipts received by + departments, the expenses of which are part of the + Imperial expenditure. + </p> + <p> + 5. Small branches of the hereditary revenues of the + Crown. + </p> + <p> + 6. Foreshores. + </p> + <p> + [The Fourth, Fifth, Sixth, and Seventh Schedules are + for the saving of space omitted.] + </p> + </div> + </div> + </div><a name="pg224" id="pg224"></a> + <hr class="doublepage" /> + <div> + <a name="toc_58" id="toc_58"></a> + <h2> + Index + </h2> + <p> + <span class="hi" style="font-style: italic;">American + Commonwealth</span>, by Rt. Hon. James Bryce, <a href= + "#pg37"><span class="ref">37</span></a> <span class="hi" + style="font-style: italic;">n</span> + </p> + <p> + <span class="hi" style="font-style: italic;">American + History, Critical Period of</span>, by Fiske, <a href= + "#pg103"><span class="ref">103</span></a> + </p> + <p> + Andrews, Mr. Justice, a Unitarian, <a href= + "#pg71"><span class="ref">71</span></a> <span class="hi" + style="font-style: italic;">n</span> + </p> + <p> + Appeals under Irish Government Act, <a href= + "#pg209"><span class="ref">209</span></a> + </p> + <p> + Asquith, Rt. Hon. H.H., on the policy of Home Rule, + <a href="#pg26"><span class="ref">26</span></a>, <a href= + "#pg74"><span class="ref">74</span></a> <span class="hi" + style="font-style: italic;">n</span> + </p> + <p> + Balfour, Rt. Hon. Arthur, on Ireland, <a href= + "#pg71"><span class="ref">71</span></a> + </p> + <p> + Beaumont, Gustave de, <a href="#pg142"><span class= + "ref">142</span></a> + </p> + <p> + Bright, John, on Free Trade, <a href="#pg134"><span class= + "ref">134</span></a> + </p> + <p> + Bryce, Rt. Hon. James, <a href="#pg26"><span class= + "ref">26</span></a>, <span class="hi" style= + "font-style: italic;">American Commonwealth</span>, + <a href="#pg37"><span class="ref">37</span></a>, <a href= + "#pg169"><span class="ref">169</span></a> + </p> + <p> + Burke, Edmund, <span class="hi" style= + "font-style: italic;">Reflections on the Revolution in + France</span>, <a href="#pg134"><span class= + "ref">134</span></a> + </p> + <p> + Cambray, Mr., <span class="hi" style= + "font-style: italic;">Irish Affairs and the Home Rule + Question</span>, <a href="#pg1"><span class= + "ref">1</span></a>, <a href="#pg23"><span class= + "ref">23</span></a> + </p> + <p> + Canada as a self-governing colony, <a href= + "#pg20"><span class="ref">20</span></a>, <a href= + "#pg25"><span class="ref">25</span></a> + </p> + <p> + Civil servants under Irish Government Act, <a href= + "#pg210"><span class="ref">210</span></a> + </p> + <p> + Clancy, Mr., M.P., and the financial clauses of the Home + Rule Bill, <a href="#pg103"><span class= + "ref">103</span></a> + </p> + <p> + Cobden and Free Trade, <a href="#pg134"><span class= + "ref">134</span></a> + </p> + <p> + Coercion Act, the, <a href="#pg144"><span class= + "ref">144</span></a> + </p> + <p> + Colonies, self-governing, <span class="hi" style= + "font-style: italic;">see</span> New Zealand, Canada, + Victoria + </p> + <p> + <span class="hi" style="font-style: italic;">Constitution, + Law of</span>, by Professor Dicey, <a href= + "#pg6"><span class="ref">6</span></a> <span class="hi" + style="font-style: italic;">n</span>, <a href= + "#pg29"><span class="ref">29</span></a> <span class="hi" + style="font-style: italic;">n</span>, <a href= + "#pg67"><span class="ref">67</span></a> <span class="hi" + style="font-style: italic;">n</span> + </p> + <p> + Constitution of Legislature under Irish Government Act, + <a href="#pg199"><span class="ref">199</span></a> + </p> + <p> + Constitution, old and new, <a href="#pg1"><span class= + "ref">1</span></a>-20, <a href="#pg56"><span class= + "ref">56</span></a>; + </p> + <p> + the new, <a href= + "#pg21"><span class="ref">21</span></a> <span class="hi" + style="font-style: italic;">et seq.</span>, <a href= + "#pg191"><span class="ref">191</span></a>; + </p> + <p> + no settlement of the Irish + question, <a href="#pg112"><span class="ref">112</span></a> + <span class="hi" style="font-style: italic;">et + seq.</span>; + </p> + <p> + rests on an unsound foundation and + contradictory, <a href="#pg125"><span class= + "ref">125</span></a>; + </p> + <p> + pleas for, <a href= + "#pg132"><span class="ref">132</span></a> <span class="hi" + style="font-style: italic;">et seq.</span> + </p> + <p> + Constitutional questions, decision of, under Irish + Government Act, <a href="#pg209"><span class= + "ref">209</span></a> + </p> + <p> + Contracts, laws as to, <a href="#pg85"><span class= + "ref">85</span></a>, <a href="#pg86"><span class= + "ref">86</span></a> + </p> + <p> + Crown Lands under Irish Government Act, <a href= + "#pg210"><span class="ref">210</span></a> + </p> + <p> + Davitt, Michael, and the New Constitution, <a href= + "#pg115"><span class="ref">115</span></a>, <a href= + "#pg142"><span class="ref">142</span></a>, <a href= + "#pg167"><span class="ref">167</span></a> + </p> + <p> + Dicey, Professor A.V., <span class="hi" style= + "font-style: italic;">Law of the Constitution,</span> + <a href="#pg6"><span class="ref">6</span></a> <span class= + "hi" style="font-style: italic;">n</span>, <a href= + "#pg29"><span class="ref">29</span></a> <span class="hi" + style="font-style: italic;">n</span>, <a href= + "#pg67"><span class="ref">67</span></a> <span class="hi" + style="font-style: italic;">n</span> + </p> + <p> + Duffy, Sir Gavan, Irish Nationalist, <a href= + "#pg39"><span class="ref">39</span></a>, <a href= + "#pg166"><span class="ref">166</span></a>; + </p> + <p> + his prediction, <a href= + "#pg128"><span class="ref">128</span></a> + </p> + <p> + England, present constitution of, <a href= + "#pg2"><span class="ref">2</span></a> <span class="hi" + style="font-style: italic;">et seq.</span>; + </p> + <p> + retention of Irish Members at + Westminster, <a href="#pg32"><span class= + "ref">32</span></a> <span class="hi" style= + "font-style: italic;">et seq.</span>, <a href= + "#pg66"><span class="ref">66</span></a>, + </p> + <p> + <a href= + "#pg123"><span class="ref">123</span></a>, <a href= + "#pg200"><span class="ref">200</span></a>, <a href= + "#pg218"><span class="ref">218</span></a>, <a href= + "#pg221"><span class="ref">221</span></a>; + </p> + <p> + inducements to, <a href= + "#pg48"><span class="ref">48</span></a>; + </p> + <p> + meaning of Home Rule to, <a href= + "#pg53"><span class="ref">53</span></a> <span class="hi" + style="font-style: italic;">et seq.</span>; + </p> + <p> + result of helping Portugal and + Spain, <a href="#pg116"><span class="ref">116</span></a>; + </p> + <p> + opposition to Home Rule, <a href= + "#pg119"><span class="ref">119</span></a> <span class="hi" + style="font-style: italic;">et seq.</span>; + </p> + <p> + Grattan's constitution, <a href= + "#pg149"><span class="ref">149</span></a>; + </p> + <p> + the path of safety, <a href= + "#pg175"><span class="ref">175</span></a> <span class="hi" + style="font-style: italic;">et seq.</span> + </p> + <p> + <span class="hi" style="font-style: italic;">England's Case + against Home Rule</span>, <a href="#pg59"><span class= + "ref">59</span></a> <span class="hi" style= + "font-style: italic;">n</span>, <a href= + "#pg91"><span class="ref">91</span></a> <span class="hi" + style="font-style: italic;">n</span>, <a href= + "#pg94"><span class="ref">94</span></a> + </p> + <p> + + <span class="hi" style="font-style: italic;">n</span>, + <a href="#pg97"><span class="ref">97</span></a> + <span class="hi" style="font-style: italic;">n</span>, + <a href="#pg138"><span class="ref">138</span></a> + <span class="hi" style="font-style: italic;">n</span>, + <a href="#pg155"><span class="ref">155</span></a> + <span class="hi" style="font-style: italic;">n</span>, + <a href="#pg162"><span class="ref">162</span></a> + <span class="hi" style="font-style: italic;">n</span> + </p> + <p> + Executive authority under Irish Government Act, <a href= + "#pg198"><span class="ref">198</span></a> + </p> + <p> + Feast of Concord in France, <a href="#pg172"><span class= + "ref">172</span></a> + </p> + <p> + Federalism, <a href="#pg6"><span class="ref">6</span></a>; + </p> + <p> + and Home Rule, <a href= + "#pg13"><span class="ref">13</span></a> <span class="hi" + style="font-style: italic;">et seq.</span>, <a href= + "#pg96"><span class="ref">96</span></a>, <a href= + "#pg118"><span class="ref">118</span></a>; + </p> + <p> + application to England, <a href= + "#pg155"><span class="ref">155</span></a>; + </p> + <p> + how it works in other countries, + <a href="#pg153"><span class="ref">153</span></a> + <span class="hi" style="font-style: italic;">et seq.</span> + </p> + <p> + Finance, under Irish Government Act, <a href= + "#pg27"><span class="ref">27</span></a>, <a href= + "#pg100"><span class="ref">100</span></a>, <a href= + "#pg102"><span class="ref">102</span></a>, <a href= + "#pg201"><span class="ref">201</span></a>-207, <a href= + "#pg222"><span class="ref">222</span></a>, <a href= + "#pg223"><span class="ref">223</span></a> + </p> + <p> + Fiske, <span class="hi" style= + "font-style: italic;">Critical Period of American + History</span>, <a href="#pg103"><span class= + "ref">103</span></a> + </p> + <p> + Ford, Patrick, <a href="#pg166"><span class= + "ref">166</span></a> + </p> + <p> + France, and Italy, <a href="#pg116"><span class= + "ref">116</span></a>; + </p> + <p> + Feast of Concord, <a href= + "#pg172"><span class="ref">172</span></a>; + </p> + <p> + the constitution of <a href= + "#pg179"><span class="ref">179</span></a>, <a href= + "#pg191"><span class="ref">191</span></a> + </p> + <p> + Freeman, E.A., <span class="hi" style= + "font-style: italic;">Irish Home Rule and Its + Analogies</span>, <a href="#pg67"><span class= + "ref">67</span></a> <span class="hi" style= + "font-style: italic;">n</span>, <a href= + "#pg153"><span class="ref">153</span></a> <span class="hi" + style="font-style: italic;">n</span> + </p> + <p> + Germany, federalism in, <a href="#pg6"><span class= + "ref">6</span></a> + </p> + <p> + Girardin, M., on the French Revolution, <a href= + "#pg135"><span class="ref">135</span></a> + </p> + <p> + Gladstone, W.E., and Home Rule, <a href= + "#pg26"><span class="ref">26</span></a>, <a href= + "#pg113"><span class="ref">113</span></a>, <a href= + "#pg128"><span class="ref">128</span></a> <span class="hi" + style="font-style: italic;">n</span>, <a href= + "#pg140"><span class="ref">140</span></a>, <a href= + "#pg163"><span class="ref">163</span></a>, <a href= + "#pg175"><span class="ref">175</span></a>; + </p> + <p> + on the retention of Irish Members + at Westminster, <a href="#pg32"><span class= + "ref">32</span></a> <span class="hi" style= + "font-style: italic;">n</span>, <a href= + "#pg39"><span class="ref">39</span></a>, <a href= + "#pg66"><span class="ref">66</span></a>, <a href= + "#pg123"><span class="ref">123</span></a> + </p> + <p> + Government, <span class="hi" style= + "font-style: italic;">see</span> Parliament + </p> + <p> + Government of Ireland Bill, <span class="hi" style= + "font-style: italic;">see</span> Home Rule Bill + </p> + <p> + Grattan's constitution, <a href="#pg139"><span class= + "ref">139</span></a>, <a href="#pg149"><span class= + "ref">149</span></a>-152 + </p> + <p> + Hilty, Professor, Swiss publicist, <a href= + "#pg160"><span class="ref">160</span></a> + </p> + <p> + Home Rule, a new constitution for the United Kingdom, + <a href="#pg1"><span class="ref">1</span></a>, <a href= + "#pg19"><span class="ref">19</span></a>; + </p> + <p> + compared with the old constitution, + <a href="#pg8"><span class="ref">8</span></a> <span class= + "hi" style="font-style: italic;">et seq</span>.; + </p> + <p> + four leading features of, <a href= + "#pg22"><span class="ref">22</span></a>; + </p> + <p> + the supremacy of the Imperial + Parliament, <a href="#pg22"><span class= + "ref">22</span></a>-31; + </p> + <p> + the retention of the Irish Members + in the Imperial Parliament, <a href="#pg32"><span class= + "ref">32</span></a> <span class="hi" style= + "font-style: italic;">et seq</span>., + </p> + <p> + <a href= + "#pg66"><span class="ref">66</span></a> <span class="hi" + style="font-style: italic;">n</span>, <a href= + "#pg123"><span class="ref">123</span></a>, <a href= + "#pg200"><span class="ref">200</span></a>, <a href= + "#pg218"><span class="ref">218</span></a>-221; + </p> + <p> + powers of the Irish Government, + <a href="#pg66"><span class="ref">66</span></a> + <span class="hi" style="font-style: italic;">et + seq</span>., <a href="#pg197"><span class= + "ref">197</span></a> <span class="hi" style= + "font-style: italic;">et seq</span> .; + </p> + <p> + the Veto, <a href= + "#pg88"><span class="ref">88</span></a>; + </p> + <p> + Finance, <a href= + "#pg100"><span class="ref">100</span></a>-103, <a href= + "#pg201"><span class="ref">201</span></a>-207, <a href= + "#pg222"><span class="ref">222</span></a>, <a href= + "#pg223"><span class="ref">223</span></a>; + </p> + <p> + as a settlement of the Irish + question, <a href="#pg112"><span class="ref">112</span></a> + <span class="hi" style="font-style: italic;">et + seq</span>.; + </p> + <p> + is federalism, <a href= + "#pg118"><span class="ref">118</span></a>; + </p> + <p> + reasons for, <a href= + "#pg132"><span class="ref">132</span></a> <span class="hi" + style="font-style: italic;">et seq</span>.; + </p> + <p> + necessity for, <a href= + "#pg138"><span class="ref">138</span></a>; + </p> + <p> + the safeguards, <a href= + "#pg149"><span class="ref">149</span></a>; + </p> + <p> + Grattan's constitution, <a href= + "#pg149"><span class="ref">149</span></a>; + </p> + <p> + success of, <a href= + "#pg152"><span class="ref">152</span></a> <span class="hi" + style="font-style: italic;">et seq</span>.; + </p> + <p> + the policy of trust, <a href= + "#pg163"><span class="ref">163</span></a> <span class="hi" + style="font-style: italic;">et seq</span>.; + </p> + <p> + a revolutionary movement, <a href= + "#pg177"><span class="ref">177</span></a>, <a href= + "#pg191"><span class="ref">191</span></a> + </p> + <p> + Imperial Parliament, <span class="hi" style= + "font-style: italic;">see</span> Parliament Ireland, the + old constitution, <a href="#pg1"><span class= + "ref">1</span></a>-8; + </p> + <p> + the new constitution, <a href= + "#pg8"><span class="ref">8</span></a> <span class="hi" + style="font-style: italic;">et seq</span>.; + </p> + <p> + the retention of Irish Members in + the Imperial Parliament, <a href="#pg32"><span class= + "ref">32</span></a> <span class="hi" style= + "font-style: italic;">et seq</span>., + </p> + <p> + <a href= + "#pg66"><span class="ref">66</span></a> <span class="hi" + style="font-style: italic;">n</span>, <a href= + "#pg123"><span class="ref">123</span></a>, <a href= + "#pg200"><span class="ref">200</span></a>, <a href= + "#pg218"><span class="ref">218</span></a>-221; + </p> + <p> + meaning of Home Rule to, <a href= + "#pg53"><span class="ref">53</span></a>; + </p> + <p> + powers of the Irish Government + under Home Rule Bill, <a href="#pg66"><span class= + "ref">66</span></a> <span class="hi" style= + "font-style: italic;">et seq</span>., + </p> + <p> + <a href="#pg197"><span class= + "ref">197</span></a> <span class="hi" style= + "font-style: italic;">et seq</span>.; + </p> + <p> + the Irish Parliament, <a href= + "#pg75"><span class="ref">75</span></a>; + </p> + <p> + restrictions and obligations, + <a href="#pg80"><span class="ref">80</span></a> + <span class="hi" style="font-style: italic;">et + seq</span>.; + </p> + <p> + the Veto, <a href= + "#pg88"><span class="ref">88</span></a>; + </p> + <p> + the Privy Council and the Courts, + <a href="#pg90"><span class="ref">90</span></a> + <span class="hi" style="font-style: italic;">et + seq</span>.; + </p> + <p> + Home Rule no settlement of the + Irish question, <a href="#pg112"><span class= + "ref">112</span></a> <span class="hi" style= + "font-style: italic;">et seq</span>.; + </p> + <p> + arguments for the new constitution, + <a href="#pg132"><span class="ref">132</span></a> + <span class="hi" style="font-style: italic;">et + seq</span>.; + </p> + <p> + her desire for parliamentary + independence, <a href="#pg140"><span class= + "ref">140</span></a> + </p> + <p> + <span class="hi" style="font-style: italic;">Irish Affairs + and the Home Rule Question</span>, by Cambray, <a href= + "#pg1"><span class="ref">1</span></a>, <a href= + "#pg23"><span class="ref">23</span></a> <span class="hi" + style="font-style: italic;">n</span> + </p> + <p> + Irish Constabulary under Home Rule Bill, <a href= + "#pg75"><span class="ref">75</span></a> <span class="hi" + style="font-style: italic;">n</span>, <a href= + "#pg212"><span class="ref">212</span></a> + </p> + <p> + Irish Executive, <a href="#pg66"><span class= + "ref">66</span></a> + </p> + <p> + Irish Government Act, <span class="hi" style= + "font-style: italic;">see</span> Home Rule Bill + </p> + <p> + <span class="hi" style="font-style: italic;">Irish Home + Rule and its Analysis</span>, by E.A. Freeman, <a href= + "#pg67"><span class="ref">67</span></a> <span class="hi" + style="font-style: italic;">n</span>, <a href= + "#pg153"><span class="ref">153</span></a> <span class="hi" + style="font-style: italic;">n</span> + </p> + <p> + Irish Parliament, <a href="#pg75"><span class= + "ref">75</span></a> + </p> + <p> + Irish representation in the House of Commons, <a href= + "#pg32"><span class="ref">32</span></a> <span class="hi" + style="font-style: italic;">et seq</span>., <a href= + "#pg66"><span class="ref">66</span></a>, <a href= + "#pg123"><span class="ref">123</span></a>, + </p> + <p> + <a href="#pg200"><span class= + "ref">200</span></a>, <a href="#pg218"><span class= + "ref">218</span></a>-221 + </p> + <p> + Italy and France, <a href="#pg116"><span class= + "ref">116</span></a> + </p> + <p> + Jackson, Andrew, President of the United States, <a href= + "#pg158"><span class="ref">158</span></a> + </p> + <p> + Judges under Home Rule Bill, <a href="#pg210"><span class= + "ref">210</span></a> + </p> + <p> + Lalor, Mr., <a href="#pg142"><span class= + "ref">142</span></a> + </p> + <p> + Lecky, Mr., <span class="hi" style= + "font-style: italic;">History of England in the Eighteenth + Century</span>, <a href="#pg150"><span class= + "ref">150</span></a> + </p> + <p> + Legislative authority under Home Rule Bill, <a href= + "#pg197"><span class="ref">197</span></a> <span class="hi" + style="font-style: italic;">et seq</span>. + </p> + <p> + Local Government Bill compared with Home Rule Bill, + <a href="#pg186"><span class="ref">186</span></a> + </p> + <p> + Lord Lieutenant, office of, <a href="#pg66"><span class= + "ref">66</span></a>, <a href="#pg210"><span class= + "ref">210</span></a> + </p> + <p> + McCarthy, J., on the effect of the Home Rule Bill, <a href= + "#pg112"><span class="ref">112</span></a>, <a href= + "#pg142"><span class="ref">142</span></a>, <a href= + "#pg167"><span class="ref">167</span></a> + </p> + <p> + Mahoney, Pierce, <span class="hi" style= + "font-style: italic;">Irish Independent</span> on the + release of prisoners, <a href="#pg117"><span class= + "ref">117</span></a> + </p> + <p> + Marshall, John, Chief Justice of the Supreme Court of the + United States, <a href="#pg158"><span class= + "ref">158</span></a> + </p> + <p> + Melbourne, Irish informers' reception at, <a href= + "#pg161"><span class="ref">161</span></a>, <a href= + "#pg162"><span class="ref">162</span></a> + </p> + <p> + Mill, John Stuart, <span class="hi" style= + "font-style: italic;">Representative Government</span>, + <a href="#pg6"><span class="ref">6</span></a> <span class= + "hi" style="font-style: italic;">n</span>, <a href= + "#pg118"><span class="ref">118</span></a> <span class="hi" + style="font-style: italic;">n</span>. + </p> + <p> + Morley, John, Chief Secretary for Ireland, on retention of + Irish Members + </p> + <p> + at + Westminster, <a href="#pg39"><span class= + "ref">39</span></a>-43, <a href="#pg49"><span class= + "ref">49</span></a>, <a href="#pg62"><span class= + "ref">62</span></a>; + </p> + <p> + changes in administration, <a href= + "#pg71"><span class="ref">71</span></a>; + </p> + <p> + safeguards against legislation + setting aside contracts, <a href="#pg86"><span class= + "ref">86</span></a> + </p> + <p> + New Zealand as a self-governing colony, <a href= + "#pg4"><span class="ref">4</span></a>, <a href= + "#pg5"><span class="ref">5</span></a>, <a href= + "#pg9"><span class="ref">9</span></a>, <a href= + "#pg20"><span class="ref">20</span></a>, <a href= + "#pg25"><span class="ref">25</span></a>, <a href= + "#pg31"><span class="ref">31</span></a>; + </p> + <p> + compared with Ireland, <a href= + "#pg156"><span class="ref">156</span></a> + </p> + <p> + Nulty, Dr., Roman Catholic Bishop of Meath, <a href= + "#pg71"><span class="ref">71</span></a> <span class="hi" + style="font-style: italic;">n</span>. + </p> + <p> + O'Connell, Daniel, compared with Parnell, <a href= + "#pg139"><span class="ref">139</span></a>; <a href= + "#pg166"><span class="ref">166</span></a> + </p> + <p> + Parliament, British and Imperial, authority of, in the + United Kingdom, + </p> + <p> + 2 + <span class="hi" style="font-style: italic;">et + seq.</span>; + </p> + <p> + in the Colonies, <a href= + "#pg4"><span class="ref">4</span></a> <span class="hi" + style="font-style: italic;">et seq.</span>; + </p> + <p> + supremacy of, <a href= + "#pg22"><span class="ref">22</span></a> <span class="hi" + style="font-style: italic;">et seq.</span>; + </p> + <p> + retention of Irish Members in, + <a href="#pg32"><span class="ref">32</span></a> + <span class="hi" style="font-style: italic;">et + seq.</span>; + </p> + <p> + power up to <a href= + "#pg178"><span class="ref">178</span></a>2, <a href= + "#pg55"><span class="ref">55</span></a>; + </p> + <p> + since the Union, <a href= + "#pg56"><span class="ref">56</span></a> <span class="hi" + style="font-style: italic;">et seq.</span> + </p> + <p> + Parnell, <a href="#pg34"><span class="ref">34</span></a>; + </p> + <p> + and Home Rule, <a href= + "#pg139"><span class="ref">139</span></a>, <a href= + "#pg142"><span class="ref">142</span></a>, <a href= + "#pg167"><span class="ref">167</span></a> + </p> + <p> + Phoenix Park murders, <a href="#pg146"><span class= + "ref">146</span></a> + </p> + <p> + Police under Home Rule Bill, <a href="#pg75"><span class= + "ref">75</span></a> <span class="hi" style= + "font-style: italic;">n</span>, <a href= + "#pg212"><span class="ref">212</span></a> + </p> + <p> + Post Office and postal telegraphs under Home Rule Bill, + <a href="#pg207"><span class="ref">207</span></a>, <a href= + "#pg208"><span class="ref">208</span></a> + </p> + <p> + Privy Council and the Courts, <a href="#pg90"><span class= + "ref">90</span></a> + </p> + <p> + Protection, <a href="#pg99"><span class= + "ref">99</span></a>, <a href="#pg198"><span class= + "ref">198</span></a> + </p> + <p> + Redmond, John, M.P., Home Rule, <a href= + "#pg26"><span class="ref">26</span></a>, <a href= + "#pg50"><span class="ref">50</span></a>, <a href= + "#pg103"><span class="ref">103</span></a>; + </p> + <p> + and the imprisoned dynamiters, + <a href="#pg117"><span class="ref">117</span></a> + <span class="hi" style="font-style: italic;">n</span>, + <a href="#pg168"><span class="ref">168</span></a> + </p> + <p> + Referendum, Dicey on, <a href="#pg189"><span class= + "ref">189</span></a>, <a href="#pg190"><span class= + "ref">190</span></a> + </p> + <p> + Religion, restrictions on, <a href="#pg99"><span class= + "ref">99</span></a> + </p> + <p> + <span class="hi" style="font-style: italic;">Representative + Government</span>, by John Stuart Mill, <a href= + "#pg118"><span class="ref">118</span></a> <span class="hi" + style="font-style: italic;">n.</span> + </p> + <p> + Restrictions and obligations in Home Rule Bill, <a href= + "#pg80"><span class="ref">80</span></a> <span class="hi" + style="font-style: italic;">et seq</span>., + </p> + <p> + <a href= + "#pg197"><span class="ref">197</span></a>, <a href= + "#pg198"><span class="ref">198</span></a>, <a href= + "#pg214"><span class="ref">214</span></a> + </p> + <p> + Retention of Irish Members in House of Commons, <a href= + "#pg32"><span class="ref">32</span></a> <span class="hi" + style="font-style: italic;">et seq.</span>, + </p> + <p> + <a href= + "#pg66"><span class="ref">66</span></a>, <a href= + "#pg123"><span class="ref">123</span></a>, <a href= + "#pg200"><span class="ref">200</span></a>, <a href= + "#pg218"><span class="ref">218</span></a>-221 + </p> + <p> + Russell, Lord John, <a href="#pg32"><span class= + "ref">32</span></a> <span class="hi" style= + "font-style: italic;">n</span> + </p> + <p> + Savings banks under Home Rule Bill, <a href= + "#pg207"><span class="ref">207</span></a>, <a href= + "#pg208"><span class="ref">208</span></a> + </p> + <p> + Sexton, Thomas, on Home Rule Bill, <a href= + "#pg16"><span class="ref">16</span></a> <span class="hi" + style="font-style: italic;">n</span>, <a href= + "#pg26"><span class="ref">26</span></a>, <a href= + "#pg112"><span class="ref">112</span></a>, <a href= + "#pg126"><span class="ref">126</span></a> + </p> + <p> + Siéyès, Abbé, <a href="#pg19"><span class= + "ref">19</span></a> + </p> + <p> + Switzerland an example of successful federalism, <a href= + "#pg6"><span class="ref">6</span></a>, <a href= + "#pg159"><span class="ref">159</span></a> + </p> + <p> + Taxes, right to impose, <a href="#pg2"><span class= + "ref">2</span></a>, <a href="#pg3"><span class= + "ref">3</span></a> + </p> + <p> + Ticino, insurrection in, <a href="#pg107"><span class= + "ref">107</span></a>, <a href="#pg160"><span class= + "ref">160</span></a>, <a href="#pg161"><span class= + "ref">161</span></a> + </p> + <p> + <span class="hi" style="font-style: italic;">Times + Parliamentary Debates</span>, <a href="#pg26"><span class= + "ref">26</span></a> <span class="hi" style= + "font-style: italic;">n</span>, <a href= + "#pg32"><span class="ref">32</span></a> <span class="hi" + style="font-style: italic;">n</span>; + </p> + <p> + Mr. Asquith on executive authority, + <a href="#pg74"><span class="ref">74</span></a> + <span class="hi" style="font-style: italic;">n</span>; + </p> + <p> + John Morley on legislation to set + aside contracts, <a href="#pg86"><span class= + "ref">86</span></a> <span class="hi" style= + "font-style: italic;">n</span>; + </p> + <p> + J. McCarthy and W.E. Gladstone on + Home Rule as a final settlement, + </p> + <p> + <a href= + "#pg112"><span class="ref">112</span></a> <span class="hi" + style="font-style: italic;">n</span>, <a href= + "#pg113"><span class="ref">113</span></a> <span class="hi" + style="font-style: italic;">n</span>, <a href= + "#pg142"><span class="ref">142</span></a> <span class="hi" + style="font-style: italic;">n</span>; + </p> + <p> + Gladstone on the policy of trust, + <a href="#pg163"><span class="ref">163</span></a> + <span class="hi" style="font-style: italic;">n</span>. + </p> + <p> + Tocqueville, Alexis de, and the French Revolution, <a href= + "#pg134"><span class="ref">134</span></a>, <a href= + "#pg173"><span class="ref">173</span></a> + </p> + <p> + Trust, the policy of, <a href="#pg163"><span class= + "ref">163</span></a> + </p> + <p> + Unionism, the policy for, <a href="#pg183"><span class= + "ref">183</span></a> <span class="hi" style= + "font-style: italic;">et seq.</span> + </p> + <p> + <span class="hi" style="font-style: italic;">Unionist + Delusions,</span> 62 <span class="hi" style= + "font-style: italic;">n</span>. + </p> + <p> + United States of America, division of parties in, <a href= + "#pg37"><span class="ref">37</span></a> <span class="hi" + style="font-style: italic;">n</span>; + </p> + <p> + no law allowed to impair the + obligation of a contract, <a href="#pg85"><span class= + "ref">85</span></a>; + </p> + <p> + Bryce on State Legislatures in, + <a href="#pg169"><span class="ref">169</span></a>, <a href= + "#pg170"><span class="ref">170</span></a> + </p> + <p> + Veto, the, <a href="#pg15"><span class="ref">15</span></a>, + <a href="#pg199"><span class="ref">199</span></a>; + </p> + <p> + its uselessness, <a href= + "#pg88"><span class="ref">88</span></a> + </p> + <p> + Victoria as a self-governing colony, <a href= + "#pg4"><span class="ref">4</span></a> <span class="hi" + style="font-style: italic;">n</span>. + </p> + <p> + <span class="hi" style="font-style: italic;">Victoria, + Government of</span>, by Jenks, <a href="#pg9"><span class= + "ref">9</span></a> <span class="hi" style= + "font-style: italic;">n</span>. + </p> + </div> + </div> + <hr class="doublepage" /> + <div class="back"> + <div class="div" id="footnotes"> + <a name="toc_59" id="toc_59"></a> + <h2> + Notes + </h2> + <dl class="footnote"> + <dt> + <a name="note_1" id="note_1">1.</a> + </dt> + <dd> + <p> + Its technical title as given in the Bill is the Irish + Government Act, 1893. + </p> + </dd> + <dt> + <a name="note_2" id="note_2">2.</a> + </dt> + <dd> + <p> + See <span class="hi" style="font-style: italic;">Annual + Register</span>, 1893 (New Series), p. 180. + </p> + </dd> + <dt> + <a name="note_3" id="note_3">3.</a> + </dt> + <dd> + <p> + See especially pp. 39, 40, 41-43 <span class="hi" + style="font-style: italic;">post.</span> + </p> + </dd> + <dt> + <a name="note_4" id="note_4">4.</a> + </dt> + <dd> + <p> + My readers are earnestly recommended to study Mr. + Cambray's <span class="hi" style= + "font-style: italic;">Irish Affairs and the Home Rule + Question</span>. It brings the history of the Home Rule + movement well up to date, and strengthens almost every + argument against Home Rule to be found in <span class= + "hi" style="font-style: italic;">A Leap in the + Dark.</span> The notes in square brackets are new. + </p> + </dd> + <dt> + <a name="note_5" id="note_5">5.</a> + </dt> + <dd> + <p> + References made in this treatise to the Home Rule Bill + are, unless otherwise stated, made to the Bill as + ordered to be printed by the House of Commons, February + 17, 1893. <span class="hi" style= + "font-style: italic;">A Leap in the Dark</span> was + published months before the Bill was sent up as amended + to the House of Lords. + </p> + </dd> + <dt> + <a name="note_6" id="note_6">6.</a> + </dt> + <dd> + <p> + This is true of both of Mr. Gladstone's Home Rule + Bills, and must necessarily be true of any Bill which + satisfies even for a time the wishes of Home Rulers. + </p> + </dd> + <dt> + <a name="note_7" id="note_7">7.</a> + </dt> + <dd> + <p> + I have substituted New Zealand for Victoria as the + example of a typical self-governing colony; the + position of Victoria has since 1900 been complicated by + the country having become a State of the Australian + Commonwealth or Confederation. + </p> + </dd> + <dt> + <a name="note_8" id="note_8">8.</a> + </dt> + <dd> + <p> + See Dicey, <span class="hi" style= + "font-style: italic;">Law of Constitution</span> (7th + ed.), ch. iii. pp. 136-140. Compare Mill, <span class= + "hi" style="font-style: italic;">Rep. + Government</span>, ch. xvii. + </p> + </dd> + <dt> + <a name="note_9" id="note_9">9.</a> + </dt> + <dd> + <p> + For the sake of convenience I throughout this treatise + refer to the 'Bill to amend the provision for the + government of Ireland' under its popular name of the + Home Rule Bill, 1893, or simply the Bill. See the Bill + in Appendix. + </p> + </dd> + <dt> + <a name="note_10" id="note_10">10.</a> + </dt> + <dd> + <p> + Bill, clause 5. + </p> + </dd> + <dt> + <a name="note_11" id="note_11">11.</a> + </dt> + <dd> + <p> + (The constitutional history of Victoria affords a + curious illustration of what will certainly happen in + Ireland.) In Victoria the Legislature, though not + termed a Parliament in the Constitution Act, 18 & + 19 Vict. c. 54, has assumed, under a Victorian Act, the + title of the Parliament of Victoria. See Jenks, + <span class="hi" style="font-style: italic;">Government + of Victoria</span>, 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 more + absurd and more noteworthy than the deliberate refusal + of English Gladstonians to call the Irish Parliament by + its right name. They are willing to create an Irish + Parliament; they are not willing to admit that they + have created it. See debates of May 9, in <span class= + "hi" style="font-style: italic;">The Times</span>, May + 10, 1893. + </p> + </dd> + <dt> + <a name="note_12" id="note_12">12.</a> + </dt> + <dd> + <p> + See Bill, clauses 19, 27, 28, 30. + </p> + </dd> + <dt> + <a name="note_13" id="note_13">13.</a> + </dt> + <dd> + <p> + Bill, clauses 3, 4. + </p> + </dd> + <dt> + <a name="note_14" id="note_14">14.</a> + </dt> + <dd> + <p> + Bill, clause 2. + </p> + </dd> + <dt> + <a name="note_15" id="note_15">15.</a> + </dt> + <dd> + <p> + This will perhaps be disputed. Trial by jury, it will + be said, is saved by the expression 'due process of + law,' in clause 4, sub-clause (5). But this contention + is, in my judgment, unfounded, and its validity must in + any case be held open to extreme doubt. + </p> + </dd> + <dt> + <a name="note_16" id="note_16">16.</a> + </dt> + <dd> + <p> + See Bill, clauses 10-19, and note especially clause 12, + sub-clause (I). + </p> + </dd> + <dt> + <a name="note_17" id="note_17">17.</a> + </dt> + <dd> + <p> + <span class="hi" style= + "font-style: italic;">Ibid</span>, clauses 14-16. + </p> + </dd> + <dt> + <a name="note_18" id="note_18">18.</a> + </dt> + <dd> + <p> + <span class="hi" style= + "font-style: italic;">Ibid</span>, clause 12, + sub-clause (3). + </p> + </dd> + <dt> + <a name="note_19" id="note_19">19.</a> + </dt> + <dd> + <p> + I am aware that to this statement moderate Gladstonians + may take exception. What may be the effect of the + preamble which reserves the supreme authority of + Parliament or of Bill, clause 33, which recognises the + right of the Imperial Parliament 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 Government of Ireland, including in that + expression both the Cabinet and the Parliament, keeps + within the terms of the Act, it is not intended that + the British Cabinet or Parliament shall, except in + certain excepted cases, intervene in Irish affairs. + </p> + </dd> + <dt> + <a name="note_20" id="note_20">20.</a> + </dt> + <dd> + <p> + All the provisions which under clause 9 of the Home + Rule Bill, 1893, in its earliest form, were intended to + restrain Irish Peers, or members representing Irish + constituencies, from deliberating or voting on any Bill + or motion the operation of which should 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 same time retaining eighty + Irish members at Westminster with full power to + legislate on all English and Scottish affairs, secured + in 1895 the enthusiastic approval by the British + electorate of the rejection of the Home Rule Bill of + 1893 by the House of Lords. + </p> + </dd> + <dt> + <a name="note_21" id="note_21">21.</a> + </dt> + <dd> + <p> + See Bill, clause 5 (1). + </p> + </dd> + <dt> + <a name="note_22" id="note_22">22.</a> + </dt> + <dd> + <p> + Bill, clauses 22, 23. + </p> + </dd> + <dt> + <a name="note_23" id="note_23">23.</a> + </dt> + <dd> + <p> + 'The Imperial Parliament was supreme, but he held the + passing of the Home Rule Bill, reserving certain + subjects to the Imperial Parliament and committing + others to the Parliament of Ireland, as amounting to a + compact which would be observed by 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 eighty Irish members—a number which + had been found to be sufficient to initiate an Irish + constitution—would be found sufficient to protect + an Irish constitution when it was given.'—Mr. + Sexton, Feb. 13, 1893, <span class="hi" style= + "font-style: italic;">Times Parliamentary + Debates,</span> p. 318. + </p> + </dd> + <dt> + <a name="note_24" id="note_24">24.</a> + </dt> + <dd> + <p> + For evidence that the power of the Imperial Parliament + is intended under the new constitution to be subjected + to at any rate a moral limit, the reader should note + particularly the terms of the Home Rule Bill, clause + 12, sub-clause (3). + </p> + </dd> + <dt> + <a name="note_25" id="note_25">25.</a> + </dt> + <dd> + <p> + Thus little, if anything, is said in these pages on the + constitution of the Irish Legislature, though it is in + several points, and especially in the character of the + Legislative Council, open to grave criticism. Little, + again, is said of the financial arrangements in their + fiscal character. The topic is of the highest + importance, but it must be debated in 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 ought never to be distant from + the thoughts of any one concerned with the policy or + impolicy of Home Rule; they dominate, so to speak, the + whole political situation; they are constantly referred + to in these pages; but they do not form part of the new + constitution so much as conditions which affect the + prudence or justice of creating the new constitution. + </p> + </dd> + <dt> + <a name="note_26" id="note_26">26.</a> + </dt> + <dd> + <p> + Bill, 1893, Preamble, and clauses 33, 37. + </p> + </dd> + <dt> + <a name="note_27" id="note_27">27.</a> + </dt> + <dd> + <p> + The language of clause 33 is vague, but, according to + the best interpretation I can put upon it, its effect + as to laws made for Ireland after the Home Rule Bill + becomes law will be this: The Imperial Parliament will + be able to pass enactments of any description whatever + with regard to Ireland, and the Irish Legislature will + not be able to repeal or alter any enactments so + enacted by the Imperial Parliament which 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 Parliament, then the Irish Parliament + could not repeal the Act or any part of it. Still + clause 33 of the Home Rule Bill is much too vaguely + expressed. What, for example, is the effect of an Act + of the Imperial Parliament which is 'impliedly' + extended to Ireland? If my interpretation of the clause + is the right one, the meaning of the clause ought to be + made perfectly clear; ambiguity in such a matter is + unpardonable. + </p> + </dd> + <dt> + <a name="note_28" id="note_28">28.</a> + </dt> + <dd> + <p> + See pp. 4-6 <span class="hi" style= + "font-style: italic;">ante</span>. This ambiguity + underlies and vitiates almost every argument used by + Home Rulers, whether English or Irish, in favour of + Home Rule. English Home Rulers emphasise and exaggerate + the extent of the control, or the so-called supremacy, + which, after the establishment of an Irish Parliament, + can and will 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 from American citizens of + Irish descent, speak the language of Irish Nationalists + and cut down the effective supremacy of the Imperial + Parliament after the granting of Home Rule so as to + make it consistent with the war cry of 'Ireland a + Nation.' (Compare Cambray's <span class="hi" style= + "font-style: italic;">Irish Affairs and the Home Rule + Question</span>, pp. 48-65.) + </p> + </dd> + <dt> + <a name="note_29" id="note_29">29.</a> + </dt> + <dd> + <p> + Mr. Sexton, Feb. 13, 1893, <span class="hi" style= + "font-style: italic;">Times Parliamentary + Debates</span>, p. 319; Mr. Redmond, Feb. 14, 1893, + <span class="hi" style= + "font-style: italic;">ibid</span>. pp. 350-52; and + April 13, 1893, <span class="hi" style= + "font-style: italic;">ibid</span>. p. 414. Compare + especially language of Mr. Redmond, <span class="hi" + style="font-style: italic;">Irish Independent,</span> + Feb. 17, and note that all the arguments for Home Rule + drawn from its success or alleged success in the + British Colonies imply that the relation of the + Imperial Parliament to Ireland shall resemble its + relation to the Colonies. See generally, debate of May + 16 in <span class="hi" style="font-style: italic;">The + Times,</span> May 17, pp. 6-8. + </p> + </dd> + <dt> + <a name="note_30" id="note_30">30.</a> + </dt> + <dd> + <p> + Feb. 13, 1893, <span class="hi" style= + "font-style: italic;">Times Parliamentary + Debates</span>, p. 303. + </p> + </dd> + <dt> + <a name="note_31" id="note_31">31.</a> + </dt> + <dd> + <p> + April 14, 1893, <span class="hi" style= + "font-style: italic;">ibid</span>. pp. 439, 440. + </p> + </dd> + <dt> + <a name="note_32" id="note_32">32.</a> + </dt> + <dd> + <p> + Feb. 14, 1893, <span class="hi" style= + "font-style: italic;">ibid</span>. pp. 340, 341, 343. + </p> + </dd> + <dt> + <a name="note_33" id="note_33">33.</a> + </dt> + <dd> + <p> + Bill, clause 12, sub-clause (3). + </p> + </dd> + <dt> + <a name="note_34" id="note_34">34.</a> + </dt> + <dd> + <p> + This is the only sense in which the sovereignty of the + Imperial Parliament is inalienable. This should be + noted, because a strange and absurd dogma is sometimes + propounded that a sovereign power such as the + Parliament of the United Kingdom, can never by its own + act divest itself of sovereignty, and it is thence + inferred or hinted that there is no need for the + Imperial Parliament to take measures for the + preservation of its supremacy. The dogma is both + logically and historically untenable. A sovereign of + any kind can abdicate. A Czar can 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 of + persons, of which body it may, or may not, form part. + The Parliaments both of England and of Scotland did at + the time of the Union each transfer sovereign power to + a new sovereign body, namely the Parliament of Great + Britain. The British Parliament did in 1782 surrender + its sovereignty in Ireland to the Irish Parliament. In + 1800 both the British Parliament and the Irish + Parliament alienated or surrendered their sovereign + powers to the Parliament of the United Kingdom. Compare + Dicey, <span class="hi" style="font-style: italic;">Law + of the Constitution</span> (7th ed.), note 3, p. 65. + </p> + </dd> + <dt> + <a name="note_35" id="note_35">35.</a> + </dt> + <dd> + <p> + It may, I am quite aware, be argued that the presence + of Irish representatives is not requisite for the + maintenance of parliamentary supremacy. In theory it is + not. An arrangement might quite conceivably be made + (which if Home Rule were to be conceded might be the + least objectionable method of carrying out a radically + vicious policy) under which it should be distinctly + agreed that Ireland should occupy the position of a + self-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 retention of the Irish members is a + matter of great public importance' (at any rate in the + opinion of Mr. Gladstone) 'because it visibly exhibits + that supremacy' (<span class="hi" style= + "font-style: italic;">i.e.</span> the supremacy of + Parliament) 'in a manner intelligible to the + people.'—Mr. Gladstone, Feb. 13, 1893, + <span class="hi" style="font-style: italic;">Times + Parliamentary Debates</span>, p. 306. See as to Home + Rule in the character of colonial independence, + <span class="hi" style="font-style: italic;">England's + Case against Home Rule</span> (3rd ed.), pp. 197-218. + </p> + </dd> + <dt> + <a name="note_36" id="note_36">36.</a> + </dt> + <dd> + <p> + <span class="hi" style= + "font-style: italic;">i.e.</span> at the moment when + these pages are written. What parts of the Government + of Ireland Bill may or may not be officially deemed + essential by the time these pages appear in print, no + sensible man will undertake to predict. Mr. Gladstone's + own language is most extraordinary. On the retention of + the Irish members, which in the eyes of any ordinary + man affects the whole character of the new + constitution, and essentially distinguishes the Home + Rule policy of 1886 from the Home Rule policy of 1893, + he uses (<span class="hi" style= + "font-style: italic;">inter alia</span>) 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 detail which cuts rather deep in some + respects into the composition of the Bill.'—Mr. + Gladstone, Feb. 13, 1893, <span class="hi" style= + "font-style: italic;">Times Parliamentary + Debates</span>, pp. 305, 306. This statement, with the + whole passage of which it forms part, is as astounding + as would have been a statement by Lord John Russell on + introducing the great Reform Bill, that he could not + say whether the disfranchisement of rotten boroughs did + or did not form a principle of the measure. + </p> + </dd> + <dt> + <a name="note_37" id="note_37">37.</a> + </dt> + <dd> + <p> + Compare Report of Special Commission, pp. 18, 19. + </p> + </dd> + <dt> + <a name="note_38" id="note_38">38.</a> + </dt> + <dd> + <p> + Under the Home Rule Bill of 1893 as sent up to the + House of Lords, it would have been the 'constant + presence.' + </p> + </dd> + <dt> + <a name="note_39" id="note_39">39.</a> + </dt> + <dd> + <p> + The division of parties in an American State is + governed not by questions concerning the internal + affairs of the State, but by the questions which divide + parties at Washington. State politics depend upon + federal politics. 'The national parties have engulfed + the State parties. The latter have disappeared + absolutely as independent bodies, and survive merely as + branches of the national parties, working each in its + own State for the tenets and purposes which a national + party professes and seeks to attain.' See Bryce, + <span class="hi" style="font-style: italic;">American + Commonwealth</span>, ii. p. 194. + </p> + </dd> + <dt> + <a name="note_40" id="note_40">40.</a> + </dt> + <dd> + <p> + <span class="hi" style= + "font-style: italic;">i.e.</span> in 1893. + </p> + </dd> + <dt> + <a name="note_41" id="note_41">41.</a> + </dt> + <dd> + <p> + Mr. Morley at Newcastle, <span class="hi" style= + "font-style: italic;">The Times</span>, April 22, 1886. + </p> + </dd> + <dt> + <a name="note_42" id="note_42">42.</a> + </dt> + <dd> + <p> + Now Lord Morley of Blackburn. + </p> + </dd> + <dt> + <a name="note_43" id="note_43">43.</a> + </dt> + <dd> + <p> + <span class="hi" style= + "font-style: italic;">i.e.</span> in 1893, and as they + continue to be in 1911. + </p> + </dd> + <dt> + <a name="note_44" id="note_44">44.</a> + </dt> + <dd> + <p> + Mr. Morley at Newcastle, <span class="hi" style= + "font-style: italic;">The Times</span>, April 22, 1886. + [Morley's argument applied primarily, no doubt, to the + Home Rule Bill of 1886; its force, however, was + infinitely strengthened as applied to the 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 Home Rule Bill which + shall propose to give Ireland a real Irish Parliament + led by an Irish Cabinet, and at the same time to retain + representatives of Ireland as members of the British + Parliament.] + </p> + </dd> + <dt> + <a name="note_45" id="note_45">45.</a> + </dt> + <dd> + <p> + See p. 43, <span class="hi" style= + "font-style: italic;">ante</span>. + </p> + </dd> + <dt> + <a name="note_46" id="note_46">46.</a> + </dt> + <dd> + <p> + See Motley's speech, <span class="hi" style= + "font-style: italic;">Times</span>, April <span class= + "hi" style="font-style: italic;">22</span>, 1886. + </p> + </dd> + <dt> + <a name="note_47" id="note_47">47.</a> + </dt> + <dd> + <p> + See Bill, Third Schedule. + </p> + </dd> + <dt> + <a name="note_48" id="note_48">48.</a> + </dt> + <dd> + <p> + This is at any rate the opinion of Mr. Redmond + expressed in the <span class="hi" style= + "font-style: italic;">Nineteenth Century</span>, Oct. + 1892. + </p> + </dd> + <dt> + <a name="note_49" id="note_49">49.</a> + </dt> + <dd> + <p> + Bill, clause 9, sub-clause (3). + </p> + </dd> + <dt> + <a name="note_50" id="note_50">50.</a> + </dt> + <dd> + <p> + The authors of the Home Rule Bill foresee the + possibility of such an erroneous decision. They have + carefully provided that such an error shall have no + legal effect. Clause 9, sub-clause (4), 'Compliance + with the provisions of this section shall not 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, good law, in spite of + its having been passed in violation of the + constitutional rule laid down in clause 9, sub-clause + (3), that an Irish member shall not be entitled to + deliberate or vote on any Bill the operation of which + is confined to Great Britain. + </p> + </dd> + <dt> + <a name="note_51" id="note_51">51.</a> + </dt> + <dd> + <p> + Compare Bill, clause 9, sub-clause (3), and sub-clause + (4), which provides that 'compliance with the + provisions of this section shall not be questioned + otherwise than in each House in manner provided by the + House.' + </p> + </dd> + <dt> + <a name="note_52" id="note_52">52.</a> + </dt> + <dd> + <p> + 23 Geo. III. c. 28. + </p> + </dd> + <dt> + <a name="note_53" id="note_53">53.</a> + </dt> + <dd> + <p> + The reader, in order to understand this account of the + proposed constitution of 1886, should remember that + under that constitution there were in effect, though + not in name, constituted three different Parliaments, + which must be carefully distinguished. + </p> + <p> + 1. The British Parliament at Westminster, containing no + Irish members, which was to legislate for Great Britain + and for the whole British Empire except Ireland. + </p> + <p> + 2. The Irish Parliament at Dublin, containing no + British representatives, which was to legislate for + Ireland, but which was not to legislate for England, + Scotland, or for any other part of the British Empire, + and was not to have any voice whatever in the general + policy of the Empire. + </p> + <p> + 3. The Imperial Parliament also sitting at Westminster, + and comprising both the British and the Irish + Parliament. This body would have corresponded nearly, + if not exactly, 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 or the alteration of the Gladstonian + constitution. For the fuller explanation of the whole + of this subject see <span class="hi" style= + "font-style: italic;">England's Case against Home + Rule</span> (3rd ed.), pp. 234, 238 + </p> + <p> + Note that England gains little or nothing (as compared + with what was offered to her under the Home Rule Bill + of 1886) by the Imperial Parliament retaining the power + to legislate for Ireland, for even under that Bill the + Imperial Parliament (<span class="hi" style= + "font-style: italic;">i.e.</span> the Parliament at + Westminster when consisting both of British and of + Irish members) could legislate for Ireland. + </p> + </dd> + <dt> + <a name="note_54" id="note_54">54.</a> + </dt> + <dd> + <p> + <span class="hi" style="font-style: italic;">Unionist + Delusions</span>, pp. 6-9. + </p> + </dd> + <dt> + <a name="note_55" id="note_55">55.</a> + </dt> + <dd> + <p> + The following passage from the writings of a man whose + words, whilst he was yet amongst us, Unionists and + Gladstonians alike always heard with the respect due to + sense, to ability, to knowledge, and to fairness, + deserves attention:— + </p> + <p> + 'In Mr. Gladstone's proposed measure of Home Rule' + <span class="hi" style= + "font-style: italic;">[i.e.</span> the Bill of 1886]' + the Parliament sitting at Westminster was no longer to + contain Irish members. I hold this to be an essential + feature of the scheme, an essential feature of any + scheme of Home Rule. By Mr. Gladstone's scheme, Ireland + was formally to exchange a nominal voice, both in its + own affairs and in common affairs, for the real + management of its own affairs and no voice at all in + common affairs. This is the true relation of Home Rule. + As dependent Canada has no representatives in the + Parliament of the United Kingdom, so neither 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 on + British affairs, while the British members do not vote + on Irish affairs, surely too great a privilege is given + to Ireland; it is Great Britain which will become the + dependency. If they are to vote on "Imperial" affairs + only, to say nothing of the difficulty of defining such + affairs, it will be something very strange, very novel, + very hard to work, to have members of Parliament who + are only half-members, who must walk out of the House + whenever certain classes of subjects are discussed.' + (E. A. Freeman, 'Irish Home Rule and its Analogies,' + <span class="hi" style="font-style: italic;">The New + Princeton Review</span>, vi. pp. 194, 195.) + </p> + <p> + Mr. Freeman's language proves that I have not overrated + the essential difference or opposition between the Home + Rule policy of 1886 and the Home Rule policy of 1893. + </p> + </dd> + <dt> + <a name="note_56" id="note_56">56.</a> + </dt> + <dd> + <p> + It is styled in the Home Rule Bill 'an Executive + Committee of the Privy Council of Ireland.' + </p> + </dd> + <dt> + <a name="note_57" id="note_57">57.</a> + </dt> + <dd> + <p> + If there were reason to expect (which there is not) + that the Home Rule Bill would pass into law, it would + be worth while to consider carefully a question which + has not yet engaged the attention of English statesmen: + Is it desirable that under a system of Home Rule the + Irish Executive should be a Parliamentry Ministry? The + answer to this question is by no means clear. Both in + the United 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 be suggested in favour of + creating for Ireland an Executive whose tenure of + office might be independent of the will of the Irish + Parliament. Ireland, in short, like many other + countries, might gain by the possession of a + non-parliamentary Executive. See as to the distinction + between a parliamentary and a non-parliamentary + Executive, <span class="hi" style= + "font-style: italic;">Law of the Constitution</span> + (7th ed.), App. p. 480. + </p> + </dd> + <dt> + <a name="note_58" id="note_58">58.</a> + </dt> + <dd> + <p> + See Bill, clause 14. + </p> + </dd> + <dt> + <a name="note_59" id="note_59">59.</a> + </dt> + <dd> + <p> + This would apparently approve itself to Dr. Nulty, + Roman Catholic Bishop of Meath. Of Mr. Justice Andrews + he seems to have written that 'this Judge is a + Unitarian,' and that it appears to the Bishop that 'the + man who denies the divinity of our Lord is as + incompetent to form clear, correct, and reliable + conceptions 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 <span class="hi" style= + "font-style: italic;">The Times</span>, 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 suppose, with a view to Mr. Justice Andrews' + opinions as to priestly influence at elections, but the + Bishop's words suggest the inference that the + government of a Catholic country ought to appoint + Catholic Judges. Why should we be surprised at this? + Religious toleration is not a doctrine of the Roman + Catholic Church. + </p> + </dd> + <dt> + <a name="note_60" id="note_60">60.</a> + </dt> + <dd> + <p> + See Home Rule Bill, 1893, clause 35, p. 214, + <span class="hi" style= + "font-style: italic;">post</span>. + </p> + </dd> + <dt> + <a name="note_61" id="note_61">61.</a> + </dt> + <dd> + <p> + 'I am not suggesting for a moment that we are going to + set up in Ireland two independent and separate + Executives. I think the granting of Home Rule in any + intelligible sense would be entirely incomplete if it + were not supplemented by the granting of executive + 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 government of the United + Kingdom, as it provided in this Bill such executive + authority as is necessary for the execution of the + Imperial laws' (sic). Mr. Asquith, April 14, 1893, + <span class="hi" style="font-style: italic;">Times + Parliamentary Debates</span>, p. 440. Compare + <span class="hi" style= + "font-style: italic;">Hansard</span>, vol. xi. same + date, p. 348. + </p> + </dd> + <dt> + <a name="note_62" id="note_62">62.</a> + </dt> + <dd> + <p> + Bill, clause 30. + </p> + </dd> + <dt> + <a name="note_63" id="note_63">63.</a> + </dt> + <dd> + <p> + This is technically expressed in the Bill by the + provision that 'the two forces [viz. the Royal Irish + Constabulary and the Dublin Metropolitan Police] shall, + while they continue, be subject 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, + be doubted that they will remain subject to the + Imperial Government, and, except with the sanction of + the Imperial Government, will not be subject to the + control of the Irish Executive. + </p> + </dd> + <dt> + <a name="note_64" id="note_64">64.</a> + </dt> + <dd> + <p> + See Bill, clauses 1-5, and as to the Restrictions on + its legislative power, see pp. 80-110, <span class="hi" + style="font-style: italic;">post</span>. + </p> + </dd> + <dt> + <a name="note_65" id="note_65">65.</a> + </dt> + <dd> + <p> + See two excellent articles in the <span class="hi" + style="font-style: italic;">Spectator</span> of + February 25 and March 4, 1893. + </p> + </dd> + <dt> + <a name="note_66" id="note_66">66.</a> + </dt> + <dd> + <p> + Of course all these statements are to be taken subject + to the Restrictions placed on the powers of the Irish + Legislature by Bill, clauses 3, 4, pp. 197, 198 + <span class="hi" style= + "font-style: italic;">post</span>. + </p> + </dd> + <dt> + <a name="note_67" id="note_67">67.</a> + </dt> + <dd> + <p> + These Restrictions, or safeguards, deprive Ireland of + powers in fact possessed by the Legislature of any + self-governing colony, and I believe by the Isle of Man + or Jersey. [Compare the Home Rule Bill 1893, clause 3, + sub-clause (3) (p. 197, <span class="hi" style= + "font-style: italic;">post</span>,) as it appears in + the original Bill, with the same clause as amended by + the House of Commons and sent up to the House of Lords. + The original clause forbids the Irish Parliament to + make any law in respect (<span class="hi" style= + "font-style: italic;">inter alia</span>) 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 camps, magazines, arsenals, + dockyards, and other needful buildings, or any places + purchased for the erection thereof.' In 1893, Unionists + and Gladstonians alike were determined that on no + pretence whatever should an Irish Parliament be allowed + to raise an Irish army, even of volunteers. The very + name of 'volunteers,' and the history of 1780-82, + explain and justify their prudence. + </p> + </dd> + <dt> + <a name="note_68" id="note_68">68.</a> + </dt> + <dd> + <p> + Clause 4, sub-clause (1) to (4). + </p> + </dd> + <dt> + <a name="note_69" id="note_69">69.</a> + </dt> + <dd> + <p> + For the details of the Restrictions contained in + clauses 3 and 4 the reader should study carefully the + terms of the Bill itself. See Bill, in Appendix. + </p> + </dd> + <dt> + <a name="note_70" id="note_70">70.</a> + </dt> + <dd> + <p> + In more than one case it is pretty clear that the + Restrictions are in themselves ineffective. Take these + instances:— + </p> + <p> + 1. The Restrictions do not really prevent the drilling + of an armed force. The Act which makes drilling illegal + is a statute of 1819, 60 Geo. III. 1 Geo. IV. c. 1. + This Act applies to Ireland and cannot (it is + submitted) be repealed 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, appoint plenty of + justices who were willing to allow training and + drilling. The men thus trained and drilled could not, I + conceive, technically be made a volunteer force, but + they might, for all that, be a very dangerous armed + body. + </p> + <p> + 2. It is not certain what is the real effect of the + provisions whereby no 'person may be deprived of life, + liberty or property without due process of law.' Does + it, for example, preserve a right to trial by jury? I + doubt whether it does. American judgments on the same + words 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 not a 'due' process, for which a parallel could be + found in the legislation of the Imperial Parliament. + But the Prevention of Crime (Ireland) Act, 1882, sec. + 1, to instance no other enactment, took away the right + to trial by jury in cases of trial for treason, murder, + etc. + </p> + <p> + 3. Private property might still in fact be taken + without just compensation. The Privy Council would not + apparently have to consider whether in any given case + property was taken without just compensation, but + whether a particular law was a law whereby it might be + taken without just 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 compensation must be given. + It is very doubtful how far the Privy Council could + treat the Act as invalid, or could in any way enter + upon the question whether just compensation had been + given. Yet it is plain that such a Court might give + very far from just compensation, say to Lord + Clanricarde. + </p> + </dd> + <dt> + <a name="note_71" id="note_71">71.</a> + </dt> + <dd> + <p> + Constitution, art. i sect. 10. + </p> + </dd> + <dt> + <a name="note_72" id="note_72">72.</a> + </dt> + <dd> + <p> + See Mr. J. Morley, April 18, 1893, <span class="hi" + style="font-style: italic;">Times Parl. Deb.</span>, p. + 500. + </p> + </dd> + <dt> + <a name="note_73" id="note_73">73.</a> + </dt> + <dd> + <p> + See Bill, clause 5, sub-clause (3). The language of + this clause disposes of the contention put forward by + at least one Gladstonian candidate at the last general + election [<span class="hi" style= + "font-style: italic;">i.e.</span> of 1892], that the + veto must of necessity be exercised under the control + of the British Cabinet; an arrangement too futile for + an ardent Gladstonian to contemplate as possible is + therefore actually enacted in the Government of Ireland + Bill. + </p> + </dd> + <dt> + <a name="note_74" id="note_74">74.</a> + </dt> + <dd> + <p> + It is to be presumed that the Crown, or in effect the + British Cabinet, does not in the case of Ireland retain + the power of 'disallowance' under which the Crown + occasionally annuls colonial Acts which have received + the assent of a colonial Governor. The power to + disallow an Irish Act which, though not + unconstitutional, 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 + disallowance of Acts see Rules and Regulations + published for the use of the Colonial Office, chap. + iii.; Legislative Councils and Assemblies, Rules 48-54; + British North America Act, 1868, sections 55-57; + <span class="hi" style="font-style: italic;">England's + Case against Home Rule</span> (3rd ed.), p. 33. + [Compare Dicey, <span class="hi" style= + "font-style: italic;">Law of Constitution</span> (7th + ed.), pp. 111-114.] + </p> + </dd> + <dt> + <a name="note_75" id="note_75">75.</a> + </dt> + <dd> + <p> + The appeal to the English Privy Council, both under + clauses 19, <span class="hi" style= + "font-style: italic;">22</span>, and 23 of the Bill, + appears to be in each case an appeal to the Judicial + Committee of the Privy Council. [The particular + provisions contained 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 satisfactory + body for acting as a Court called upon to decide the + numerous constitutional questions, as to the + legislative power of an Irish Parliament, which must be + raised under any Home Rule Act whatever.] + </p> + </dd> + <dt> + <a name="note_76" id="note_76">76.</a> + </dt> + <dd> + <p> + See Bill, clause 23. + </p> + </dd> + <dt> + <a name="note_77" id="note_77">77.</a> + </dt> + <dd> + <p> + See Tocqueville, <span class="hi" style= + "font-style: italic;">Démocratie en Amérique</span>, i. + chap. viii. pp. 231-250; Bryce, <span class="hi" style= + "font-style: italic;">American Commonwealth</span>, ii. + (1st ed.) p. 45; <span class="hi" style= + "font-style: italic;">ibid.</span> i. ch. 23. + </p> + </dd> + <dt> + <a name="note_78" id="note_78">78.</a> + </dt> + <dd> + <p> + Compare <span class="hi" style= + "font-style: italic;">England's Case against Home + Rule</span> (3rd ed.), pp. 257, 258. + </p> + </dd> + <dt> + <a name="note_79" id="note_79">79.</a> + </dt> + <dd> + <p> + Compare Bill, clauses 19, 22, pp. 206, 209, + <span class="hi" style= + "font-style: italic;">post.</span> + </p> + </dd> + <dt> + <a name="note_80" id="note_80">80.</a> + </dt> + <dd> + <p> + Bill, clause 19, sub-clause(4). + </p> + </dd> + <dt> + <a name="note_81" id="note_81">81.</a> + </dt> + <dd> + <p> + Clause 19, sub-clause (5). The whole of the provisions + as to the Exchequer Judges are extremely obscure. The + jurisdiction and the powers of the Court, should it + ever be formed, 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 Switzerland. As the matter at present + stands the jurisdiction of the Exchequer Judges and of + the Privy Council as a Court of Appeal from them may + apparently be thus described. + </p> + <p> + It extends to all legal proceedings in Ireland which + </p> + <p> + (i) are instituted at the instance of or against the + Treasury or Commissioners of Customs, or any of their + officers, or + </p> + <p> + (ii) relate to the election of members to serve in [the + Imperial] Parliament, or + </p> + <p> + (iii) touch any matter not within the powers of the + Irish Legislature, or + </p> + <p> + (iv) touch any matter affected by a law which the Irish + Legislature have not power to repeal or alter. + </p> + <p> + It is possible that sub-clause (4) gives the Exchequer + Judges a much wider jurisdiction than is intended by + the authors of the Home Rule Bill, and the strictures + which have been made on this sub-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 Unionist, unsound, and the Bill itself therefore + unamendable. My object is simply to describe and + criticise the general constitutional provisions of the + Bill and to show their bearing and effect. + </p> + </dd> + <dt> + <a name="note_82" id="note_82">82.</a> + </dt> + <dd> + <p> + Compare <span class="hi" style= + "font-style: italic;">England's Case</span> (3rd ed.), + pp. 258, 259. + </p> + </dd> + <dt> + <a name="note_83" id="note_83">83.</a> + </dt> + <dd> + <p> + See <span class="hi" style= + "font-style: italic;">England's Case</span> (3rd ed.), + pp. 214-218. + </p> + </dd> + <dt> + <a name="note_84" id="note_84">84.</a> + </dt> + <dd> + <p> + See Home Rule Bill, clause 3, sub-clause (7) (p. 198, + <span class="hi" style= + "font-style: italic;">post</span>), and compare same + clause slightly amended, in Bill, as sent up to the + House of Lords, sub-clause (8). + </p> + </dd> + <dt> + <a name="note_85" id="note_85">85.</a> + </dt> + <dd> + <p> + These strictures on the financial arrangements which + were to exist between England and Ireland apply + directly to the Home Rule Bill as introduced 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 sent up to the House of Lords. + Compare clause 10 of the original Bill with clause 11 + of the Bill as amended and brought up to the House of + Lords. + </p> + </dd> + <dt> + <a name="note_86" id="note_86">86.</a> + </dt> + <dd> + <p> + Bill, clauses 14, 15, and 16. [Compare with these + clauses of the original Bill clauses 13, 14, 15, and 16 + of the Bill as amended before being sent to the House + of Lords.] + </p> + </dd> + <dt> + <a name="note_87" id="note_87">87.</a> + </dt> + <dd> + <p> + See Fiske, <span class="hi" style= + "font-style: italic;">Critical Period of American + History</span>, chs. iii. and iv. + </p> + </dd> + <dt> + <a name="note_88" id="note_88">88.</a> + </dt> + <dd> + <p> + See, <i>e.g.</i>, letter of Mr. Clancy, M.P., on the + Financial Clauses of the Home Rule Bill, <span class= + "hi" style="font-style: italic;">Manchester + Guardian</span>, April 4, 1893. + </p> + </dd> + <dt> + <a name="note_89" id="note_89">89.</a> + </dt> + <dd> + <p> + Bill, clause 15. + </p> + </dd> + <dt> + <a name="note_90" id="note_90">90.</a> + </dt> + <dd> + <p> + See pp. 72 and 82, <span class="hi" style= + "font-style: italic;">ante</span>. + </p> + </dd> + <dt> + <a name="note_91" id="note_91">91.</a> + </dt> + <dd> + <p> + See pp. 79, 80, <span class="hi" style= + "font-style: italic;">ante</span>. + </p> + </dd> + <dt> + <a name="note_92" id="note_92">92.</a> + </dt> + <dd> + <p> + <span class="hi" style="font-style: italic;">Souvenirs + de Alexis de Tocqueville</span>, p. 63. + </p> + </dd> + <dt> + <a name="note_93" id="note_93">93.</a> + </dt> + <dd> + <p> + The reader should note the history of the insurrection + in Ticino during 1891. It is quite clear that the + Liberals of Ticino who had distinctly broken the law + were more or less comforted or protected by the Liberal + party in the Swiss Federal Assembly. Compare Hilty, + <span class="hi" style= + "font-style: italic;">Separatabdruck aus dem + Politischen Jahrbuch der Schweizerischen + Eidgenossenschaft</span> (<span class="hi" style= + "font-style: italic;">Jahrgang</span> 1891). + </p> + </dd> + <dt> + <a name="note_94" id="note_94">94.</a> + </dt> + <dd> + <p> + See p. 103, <span class="hi" style= + "font-style: italic;">ante</span>. [The force of this + illustration has been increased by every Land Act + passed since 1893. 'The Imperial Exchequer + [<span class="hi" style= + "font-style: italic;">i.e.</span> in effect Great + Britain] has made a free 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 £35,000,000 has + already been raised. The Imperial Exchequer looks to + the Irish tenant purchaser for the interest and sinking + fund on that loan.'—Cambray, <span class="hi" + style="font-style: italic;">Irish Affairs</span>, p. + 214.] + </p> + </dd> + <dt> + <a name="note_95" id="note_95">95.</a> + </dt> + <dd> + <p> + J. M'Carthy, April 10, 1893, <span class="hi" style= + "font-style: italic;">Times Parliamentary + Debates</span>, p. 354. No part of these quotations is + italicised in the report. + </p> + </dd> + <dt> + <a name="note_96" id="note_96">96.</a> + </dt> + <dd> + <p> + J. M'Carthy. + </p> + </dd> + <dt> + <a name="note_97" id="note_97">97.</a> + </dt> + <dd> + <p> + Mr. Sexton. + </p> + </dd> + <dt> + <a name="note_98" id="note_98">98.</a> + </dt> + <dd> + <p> + Mr. Gladstone, April 21, 1893, <span class="hi" style= + "font-style: italic;">Times Parliamentary + Debates</span>, p. 565. + </p> + </dd> + <dt> + <a name="note_99" id="note_99">99.</a> + </dt> + <dd> + <p> + At Bodyke, June 2, 1887, Mr. M. Davitt said:—'Our + people, however, who so leave Ireland are not lost in + the Irish cause, for they will join the ranks of the + Ireland of retribution beyond the Atlantic; 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 the enemy for its + crimes in Ireland.'—<span class="hi" style= + "font-style: italic;">Freeman's Journal</span>, June 3, + 1887. See 'Notes on the Bill,' published by the Irish + Unionist Alliance, p. 368. These expressions were used + after the union of hearts. + </p> + </dd> + <dt> + <a name="note_100" id="note_100">100.</a> + </dt> + <dd> + <p> + 'But all these matters are, as it were, minor details. + They all sink into comparative insignificance before + the one great demand—and I almost apologise for + mentioning them—because I want you to concentrate + your attention on the one great demand which we make, + and the one unalterable statement we intend to adhere + to, that whether guilty or innocent, these men, + according to their lights and their consciences, were + trying to serve Ireland; that any of them who were + guilty were driven into this course by the + misgovernment of Ireland, and the oppression of Ireland + by an outside power, and that if we are asked to settle + this 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, <span class="hi" style= + "font-style: italic;">Irish Independent</span>, 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 the + next few months, we would succeed in getting our + brethren out of prison. I don't believe we will; ... + but I am convinced of this, that there is not a man + amongst them who will ever be called upon to serve + anything like the remainder of his sentence. I am + convinced that in a short time—and the extent of + its duration depends upon other + circumstances—every one of these men will be + restored to liberty if only we conduct this agitation + with determination, with resolution, and I would say + above all with moderation and with wisdom.'—Mr. + John Redmond, M.P., <span class="hi" style= + "font-style: italic;">Dublin Irish Independent</span>, + April 5. See 'Notes on the Bill,' p. 424. + </p> + </dd> + <dt> + <a name="note_101" id="note_101">101.</a> + </dt> + <dd> + <p> + See Mill, <span class="hi" style= + "font-style: italic;">Representative Government</span>, + 1st ed. p. 300. + </p> + </dd> + <dt> + <a name="note_102" id="note_102">102.</a> + </dt> + <dd> + <p> + Of course I do not for a moment dispute the legal right + of Parliament to repeal all or any of the articles of + the Treaty of Union with Ireland. I am writing now not + upon the law, but upon the ethics of the constitution. + My contention is, that, as things stand, the undoubted + assent of Great Britain (or even perhaps of England, in + the narrower sense) is morally requisite for the repeal + or at any 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. <span class="hi" + style="font-style: italic;">A, B</span>, and + <span class="hi" style="font-style: italic;">C</span> + form a partnership. <span class="hi" style= + "font-style: italic;">A</span> is by far the richest, + and <span class="hi" style= + "font-style: italic;">C</span> by far the poorest of + the firm. <span class="hi" style= + "font-style: italic;">C</span> finds the terms of + partnership onerous. He may have a moral right to + retire, but certainly he cannot have a moral, and would + hardly under any system of law have a legal, right to + say, 'I do not want to leave the firm, but I insist + that the terms of partnership be remodelled wholly in + my favour.' Nor again is it conceivable that + <span class="hi" style="font-style: italic;">B</span> + and <span class="hi" style= + "font-style: italic;">C</span> by uniting together + could in fairness claim to impose upon <span class="hi" + style="font-style: italic;">A</span> disadvantages the + burden of which he had never intended to accept. + </p> + </dd> + <dt> + <a name="note_103" id="note_103">103.</a> + </dt> + <dd> + <p> + See pp. 22-31, <span class="hi" style= + "font-style: italic;">ante</span>. + </p> + </dd> + <dt> + <a name="note_104" id="note_104">104.</a> + </dt> + <dd> + <p> + 'But who proposed that Ireland should be anything else + than an integral part of the United Kingdom + (Ministerial cheers), or rather of the Empire?' + (Opposition cheers).—Mr. Sexton, April 20, 1893, + <span class="hi" style="font-style: italic;">Times + Parliamentary Debates</span>, p. 522. The confusion of + ideas and the hesitation implied in Mr. Sexton's + expressions are noteworthy. + </p> + </dd> + <dt> + <a name="note_105" id="note_105">105.</a> + </dt> + <dd> + <p> + England adhered with absolute fidelity to her + renunciation of the right to legislate for Ireland. + Whatever were the other flaws in the Treaty of Union, + it was no violation either of 22 Geo. III. c. 63, or of + 23 Geo. III. c. 28. 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 and of the Irish Legislature. + This is elementary but has escaped the attention of Mr. + Sexton (see <span class="hi" style= + "font-style: italic;">Times Parliamentary + Debates</span>, Feb. 13, 1893, p. 319), whose + investigations into the history of his country are + apparently recent. + </p> + </dd> + <dt> + <a name="note_106" id="note_106">106.</a> + </dt> + <dd> + <p> + "The plan that was to be proposed was to be such as, at + least in the judgment of its promoters, presented the + necessary characteristics—I will not say of + finality, because it is a discredited word—but of + a real and continuing settlement."—Mr. Gladstone, + Feb. 13, 1893, <span class="hi" style= + "font-style: italic;">Times Parliamentary + Debates</span>, p. 303. + </p> + </dd> + <dt> + <a name="note_107" id="note_107">107.</a> + </dt> + <dd> + <p> + See Mr. Gladstone's Irish Constitution, <span class= + "hi" style="font-style: italic;">Contemporary + Review</span>, May, 1886, p. 616. + </p> + </dd> + <dt> + <a name="note_108" id="note_108">108.</a> + </dt> + <dd> + <p> + 'I have told you candidly my sentiments. I think they + are not likely to alter yours.... But hereafter they + may be of some use to you, in some future form which + your commonwealth 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 of untried being," and in all its + transmigrations to be purified by fire and + blood.'—<span class="hi" style= + "font-style: italic;">Burke's Works</span>, ii. (ed. + 1872), p. 517, 'Reflections on the Revolution in + France.' + </p> + </dd> + <dt> + <a name="note_109" id="note_109">109.</a> + </dt> + <dd> + <p> + As to the general causes of the strength of the Home + Rule movement in England, and the general + considerations in its favour, see <span class="hi" + style="font-style: italic;">England's Case against Home + Rule</span> (3rd ed.), ch. iii. and iv. pp. 34-127. + From the opinions expressed in these chapters I see no + reason for receding. + </p> + </dd> + <dt> + <a name="note_110" id="note_110">110.</a> + </dt> + <dd> + <p> + Mr. M'Carthy, April 10, 1893, <span class="hi" style= + "font-style: italic;">Times Parliamentary + Debate</span>, 353. + </p> + </dd> + <dt> + <a name="note_111" id="note_111">111.</a> + </dt> + <dd> + <p> + [May 6, 1882. Now twenty-nine years back.] + </p> + </dd> + <dt> + <a name="note_112" id="note_112">112.</a> + </dt> + <dd> + <p> + Every one should read Mr. Lecky's letter of April 4, + 1893, addressed to the Belfast Chamber of Commerce, and + printed in the <span class="hi" style= + "font-style: italic;">Chamber's Reply</span> to Mr. + Gladstone's speech. It deals immediately not with the + relations between England and Ireland, 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 <span class="hi" style= + "font-style: italic;">History of England in the + Eighteenth Century</span> which refers to Grattan's + Parliament bears out the contention, that no inference + can be drawn from it as to the successful working, as + regards either England or Ireland, of the legislature + to be constituted under the Home Rule Bill. + </p> + </dd> + <dt> + <a name="note_113" id="note_113">113.</a> + </dt> + <dd> + <p> + Add also that steamboats and railways have practically, + since the time of Grattan, brought Ireland nearer to + England, and Dublin nearer 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 crossing + from Holyhead to Dublin. Mr. Morley can attend a + Cabinet Council at Westminster one afternoon and + breakfast next morning in Dublin. + </p> + </dd> + <dt> + <a name="note_114" id="note_114">114.</a> + </dt> + <dd> + <p> + With the conclusions as to Home Rule of my lamented + friend Mr. Freeman it is impossible for me to agree. + But for that very reason I can the more freely insist + upon the merit of his paper on <span class="hi" style= + "font-style: italic;">Irish Home Rule and its + Analogies</span> 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 relation of Home Rule and afford no + analogy to the relation which Home Rulers propose to + establish between Great Britain and Ireland. See + <span class="hi" style="font-style: italic;">The New + Princeton Review</span> for 1888, vol. vi. pp. 172, + 190. + </p> + </dd> + <dt> + <a name="note_115" id="note_115">115.</a> + </dt> + <dd> + <p> + A Gladstonian who thinks the case of the Channel + Islands in point, would do well to get up the facts of + their history. They were no more 'given' a constitution + by England than, as most Frenchmen believe, they were + conquered from France. See Mr. Haldane, April 7, 1893, + <span class="hi" style="font-style: italic;">Times + Parliamentary Debates</span>, p. 333. + </p> + </dd> + <dt> + <a name="note_116" id="note_116">116.</a> + </dt> + <dd> + <p> + They have now (1911) led to political separation, + happily without the need for civil war. + </p> + </dd> + <dt> + <a name="note_117" id="note_117">117.</a> + </dt> + <dd> + <p> + See further on this point, Home Rule as Federalism, + <span class="hi" style="font-style: italic;">England's + Case against Home Rule</span> (3rd ed.), pp. 160-197, + and for Home Rule as Colonial Independence, + <span class="hi" style="font-style: italic;">ib</span>. + pp. 197-218. + </p> + </dd> + <dt> + <a name="note_118" id="note_118">118.</a> + </dt> + <dd> + <p> + Then the Chief Justice of the Supreme Court of the + United States. + </p> + </dd> + <dt> + <a name="note_119" id="note_119">119.</a> + </dt> + <dd> + <p> + See 'Andrew Jackson,' <span class="hi" style= + "font-style: italic;">American Statesmen Series</span>, + p. 182. + </p> + </dd> + <dt> + <a name="note_120" id="note_120">120.</a> + </dt> + <dd> + <p> + Hilty, <span class="hi" style= + "font-style: italic;">Separatabdruck aus dem + Politischen Jahrbuch der Schweizerischen + Eidgenossenschaft</span> (<span class="hi" style= + "font-style: italic;">Jahrgang</span> 1891), p. 377. + </p> + </dd> + <dt> + <a name="note_121" id="note_121">121.</a> + </dt> + <dd> + <p> + For the story of Kavanagh, Hanlon, and Smith, and their + attempted landing at Melbourne, see <span class="hi" + style="font-style: italic;">England's Case</span> (3rd + ed.), p. 207. + </p> + </dd> + <dt> + <a name="note_122" id="note_122">122.</a> + </dt> + <dd> + <p> + Mr. Gladstone, February 13, 1893, <span class="hi" + style="font-style: italic;">Times Parliamentary + Debates</span>, p. 307. + </p> + </dd> + <dt> + <a name="note_123" id="note_123">123.</a> + </dt> + <dd> + <p> + An eminent and very able Gladstonian M.P. once said in + my presence, in effect, for I cannot cite his actual + words, that the difference between Gladstonians and + Unionists was a difference in their judgment of + character or of human nature. He touched I believe far + more nearly than do most politicians the root of the + differences which divide the authors and the critics of + our new constitution. + </p> + </dd> + <dt> + <a name="note_124" id="note_124">124.</a> + </dt> + <dd> + <p> + Report of Special Commission, pp. 54, 55. + </p> + </dd> + <dt> + <a name="note_125" id="note_125">125.</a> + </dt> + <dd> + <p> + <span class="hi" style= + "font-style: italic;">Ibid</span>. pp. 53, 119. + </p> + </dd> + <dt> + <a name="note_126" id="note_126">126.</a> + </dt> + <dd> + <p> + <span class="hi" style= + "font-style: italic;">Ibid</span>. pp. 119, 120. + </p> + </dd> + <dt> + <a name="note_127" id="note_127">127.</a> + </dt> + <dd> + <p> + Report of Special Commission, p. 120. + </p> + </dd> + <dt> + <a name="note_128" id="note_128">128.</a> + </dt> + <dd> + <p> + <span class="hi" style= + "font-style: italic;">Ibid</span>. + </p> + </dd> + <dt> + <a name="note_129" id="note_129">129.</a> + </dt> + <dd> + <p> + This Committee Room was the scene of the desertion of + Parnell by the majority of his former followers. + </p> + </dd> + <dt> + <a name="note_130" id="note_130">130.</a> + </dt> + <dd> + <p> + 'The crime of the Land League was a trifle compared to + the crime of the landlords.'—Mr. Sexton, April + 20, 1893, <span class="hi" style= + "font-style: italic;">Times Parliamentary + Debates</span>, p. 525. + </p> + </dd> + <dt> + <a name="note_131" id="note_131">131.</a> + </dt> + <dd> + <p> + Bryce, <span class="hi" style= + "font-style: italic;">American Commonwealth</span> (1st + ed.), ii. pp. 190, 191. + </p> + </dd> + <dt> + <a name="note_132" id="note_132">132.</a> + </dt> + <dd> + <p> + Compare <span class="hi" style= + "font-style: italic;">ibid</span>. ii. p. 618. + </p> + </dd> + <dt> + <a name="note_133" id="note_133">133.</a> + </dt> + <dd> + <p> + 'Carnot me dit avec cette niaiserie que les démocrates + honnêtes ne manquent guère de mêler à leur vertu: + "Croyez-moi, mon cher collègue, il faut toujours se + fier au peuple." Je me rappelle que je lui répondis + assez brusquement: "Eh! que ne me disiez-vous cela la + veille du 15 mai?"'—<span class="hi" style= + "font-style: italic;">Souvenirs de Alexis de + Tocqueville</span>, p. 196. + </p> + </dd> + <dt> + <a name="note_134" id="note_134">134.</a> + </dt> + <dd> + <p> + The whole gist of this chapter applies to the state of + England in 1911 with greater force than even to its + condition in 1893. Home Rule will be carried, if at + all, only by a House of Commons freed from the + authority of the House of Lords, and from the need of + an appeal to the people. + </p> + </dd> + <dt> + <a name="note_135" id="note_135">135.</a> + </dt> + <dd> + <p> + Now sixty-one years. + </p> + </dd> + <dt> + <a name="note_136" id="note_136">136.</a> + </dt> + <dd> + <p> + If any one wishes to see the difference between local + self-government and Home Rule, let him compare the Bill + for the extension of self-government in Ireland, + brought in by the late Ministry, with the Home Rule + Bill. 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 Rule. The most extended Local Government Bill and + the most restricted Home Rule Bill differ fundamentally + in principle. The one in effect denies, the other in + effect concedes, a separate national government to + Ireland. + </p> + </dd> + <dt> + <a name="note_137" id="note_137">137.</a> + </dt> + <dd> + <p> + See pp. 119-121, <span class="hi" style= + "font-style: italic;">ante</span>. + </p> + </dd> + <dt> + <a name="note_138" id="note_138">138.</a> + </dt> + <dd> + <p> + The Bill is printed as it was originally presented to + the House of Commons. + </p> + </dd> + </dl> + </div> + </div> + </div> + + + + + + + +<pre> + + + + + +End of the Project Gutenberg EBook of A Leap in the Dark, by A.V. 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You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: A Leap in the Dark + A Criticism of the Principles of Home Rule as Illustrated by the + Bill of 1893 + + +Author: A.V. Dicey + +Release Date: April 6, 2005 [EBook #15572] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK A LEAP IN THE DARK *** + + + + +Produced by Jonathan Ingram, Charlene Taylor and the Online +Distributed Proofreading Team at https://www.pgdp.net. + + + + + + + +FIRST EDITION _June_ 1893 +_Reprinted_ _June_ 1893 +SECOND EDITION _July_ 1911 +THIRD EDITION _January_ 1912 + + + + +A LEAP IN THE DARK + + +A CRITICISM OF THE PRINCIPLES OF +HOME RULE AS ILLUSTRATED BY +THE BILL OF 1893 + + + +By A.V. DICEY +K.C., HON. D.C.L. + +FELLOW OF ALL SOULS COLLEGE; FORMERLY VINERIAN PROFESSOR OF ENGLISH +LAW IN THE UNIVERSITY OF OXFORD; AUTHOR OF 'ENGLAND'S CASE AGAINST +HOME RULE,' 'THE VERDICT,' 'AN INTRODUCTION TO THE STUDY OF THE LAW +OF THE CONSTITUTION' + + +LONDON +JOHN MURRAY, ALBEMARLE STREET, W. +1912 + +TO IRISH UNIONISTS WHOSE NOBLE AND STRENUOUS DEFENCE OF THEIR OWN +RIGHTS AND LIBERTIES AS CITIZENS OF GREAT BRITAIN AND IRELAND WILL I +TRUST PRESERVE THE POLITICAL UNITY OF THE UNITED KINGDOM + + + + +PREFACE TO FIRST EDITION + + +This book is not a disquisition on the details of the Home Rule Bill. It +is an examination into the leading principles of the Bill with a view to +establishing two conclusions. The first is, that the Home Rule Bill, +though nominally a measure for the government of Ireland, contains in +reality a New Constitution for the whole United Kingdom. The second is, +that this New Constitution must work injury both to England and to +Ireland, and instead of 'closing a controversy of seven hundred years, +opens a constitutional revolution. The whole aim, in short, of the book +is by the collection together of arguments which separately have been +constantly used by Unionist statesmen, to warn the people of England +against a leap in the dark. + +A.V. DICEY. + +OXFORD: _May_ 1893. + + + + +CONTENTS + + +CHAPTER I +OLD AND NEW CONSTITUTION + +Home Rule Bill a New Constitution for United Kingdom, p. 1.--The present +constitution, p. 2: 1. Effective authority of Parliament throughout +United Kingdom, p. 2: Distinction between supremacy of Parliament in +United Kingdom and supremacy of Parliament in Colonies, p. 4: 2. Absence +of federalism, p. 6: The New Constitution, p. 8: 1. Abolition in Ireland +of effective authority of Imperial Parliament, ib.: 2. Introduction of +federalism, p. 13.--Features of federalism, p. 15: Restrictions on Irish +(State) Parliament, ib.: Imperial (federal) Parliament, ib.: Means for +enforcement of federal compact, ib.: Recognition of federal spirit, p. +17.--Importance of change in constitution, p. 19.--The New Constitution +an unknown constitution, p. 19. + + +CHAPTER II +THE NEW CONSTITUTION + +The four essential characteristics of the New Constitution, p. +21.--Supremacy of Parliament maintained, p. 22.--What is meaning of +supremacy of Imperial Parliament? p. 23: What it does not mean, ib.: +What it does mean, p. 24.--Real effect of reserved supremacy, p. +28.--Peril arising from ambiguity of supremacy of Parliament, p. +30.--Retention of Irish members at Westminster, p. 32.--Change of +Gladstonian opinion, p. 33.--Presence of the Irish members involves ruin +to Ireland, pp. 33, 34.--Mr. John Morley's opinion, p. 39.--Weakness of +England, p, 41. Mr. Morley's opinion, p. 41.--Manner in which England +weakened, p. 43: 1. Irish vote determines composition of British +Cabinet, ib.: 2. System of Cabinet Government destroyed, p. 45: 3. Irish +members changed into an Irish delegation, p. 46: 4. British Parliament +not freed from Irish questions, p. 47.--Inducements to accept plan, p. +48.--Maintenance of Imperial supremacy, p. 49.--English management of +English affairs, ib.--England does not really obtain management of +English affairs, ib.--Minority tempted to unfairness, p. 51.--Minority, +without intentional unfairness, may be oppressive, p. 52.--Plan of +retaining Irish members for all purposes, p. 53.--Comparison with power +hitherto held by or offered to Great Britain, p. 55.--Authority of +England before 1782, p. 55.--Authority of England under Grattan's +Constitution, p. 56.--Authority of England since the Union, p. +57.--Authority offered to England under Bill of 1886, p. 58.--Why should +England accept in 1893 a worse bargain than was offered her in 1886? p. +59: Two alleged reasons, p. 60: First reason, Retention of Irish members +concession to Unionists, p. 60: Futility of plea, ib.: Second reason, +England will not suffer any greater evil than she does at present, p. +63: Answer. Fallacy of statement, ib.--Explanation of Gladstonian +policy, p. 65.--Powers of Irish Government, p. 66: I. Irish Executive, +ib.: Importance of Executive, p. 68: Powers of Irish Executive, p. 68: +Position of military forces, p. 74: II. The Irish Parliament, p. 73: Its +power to appoint the Irish Government, ib.: Its legislative power, p. +76.--Legislation in opposition to English policy, p 78.--Power to pass +resolutions, p. 79.--The Restrictions, etc, p. 80: I. Their nature, ib.: +1. No restriction on power of Executive, p. 83: 2. No prohibition of +Acts of Indemnity, ib.: 3. No prohibition of _ex post facto_ law, p. 84: +4. No safeguard against violation of contract, p. 85: II. Enforcement of +Restrictions, p. 88.--The Veto, p. 88.--The Privy Council, p. 90.--Power +to nullify Irish Acts, ib.--Power as final Court of Appeal to treat +Irish Acts as void, p. 91.--How arrangement will work, p. +94.--Presumptions on which working of Constitutions depends false, p. +97: 1. Presumption that restrictions do not irritate, p. 98: Its +falsehood, ib.--Financial arrangements certain to cause discontent, p. +100.--The Customs, ib.--Charges in favour of England on Ireland, p. +102.--Irish objection to financial proposals, p. 103.--Presumption that +Ireland cannot nullify Restrictions. Its falsehood, p. 104.--Summary of +criticism, p. 110. + + +CHAPTER III +WHY THE NEW CONSTITUTION WILL NOT BE +A SETTLEMENT OF THE IRISH QUESTION + +New Constitution is intended to be final settlement of Irish Question, +p. 112: But will not settle Irish Question for three reasons, p. 113: I. +New Constitution does not satisfy Ireland or England, ib.: Ireland not +satisfied, ib.: New Constitution detested by influential minority, p. +114: Irish Home Rulers not wholly satisfied, p. 115: New Constitution +will cause discontent of whole Irish people, p. 118: England not +satisfied, p. 119: 2. New Constitution rests on unsound foundation, p. +121: Belfast subjected to Dublin, p. 122: England subjected to Ireland, +p. 123: 3. New Constitution based on ambiguity, p. 125.--The nature of +the ambiguity, ib.--The result of the ambiguity, ib. The New +Constitution cannot last, p. 127.--Irish discontent leading either to +Federation or Separation, p. 128.--English discontent threatens +reaction, p. 130. + + +CHAPTER IV +PLEAS FOR THE NEW CONSTITUTION + +Gladstonian apology, p. 132.--As to general considerations, ib.--General +Gladstonian objections, ib.: I. Strictures are prophecy, p. 133: 2. +Anomalies already exist in English Constitution, p. 135.--As to specific +arguments for Home Rule, p. 138.--Necessity, p. 138.--Argument for +necessity, ib.--Answer: argument invalid, 140.--Premises unsound, p. +141.--Premises do not support conclusion, p. 145.--No necessity for +Home Rule, ib.--True meaning of necessity forgotten, p. 146.--No danger, +p. 148: I. Safeguards, p. 149: Their unreality, ib.: 2. Grattan's +Constitution, ib.: No precedent, p. 150: 3. Success of Home Rule in +other countries, p. 152.--Instances of 'Home Rule' which need not be +considered, ib.--Cases of 'Home Rule' which require consideration, p. +154.--Federal Government, p. 155.--Colonial independence, p. +156.--Neither federal government nor colonial independence compatible +with the authority required in Ireland by Imperial Government, p. +157.--Weakness of law in case of federation, p. 158.--Weakness of law in +case of colonies, pp. 161, 162.--Policy of trust, p. 163.--Trust in +Irish leaders impossible, p. 164.--History of the Irish agitators, p. +164.--Gladstonian guarantee of trustworthiness worthless, p. 167.--Trust +in teaching of power, 169.--Answer. Fallacy exposed by Mr. Bryce, +ib.--Trust in the people and effect of Home Rule, p. 171.--Answer. +Political changes do not ensure content, pp. 171, 172.--Gladstonian +pleas are pleas for policy of Home Rule, but not pleas for new +Constitution, p. 173. + + +CHAPTER V +THE PATH OF SAFETY + +The impending danger, p. 175.--Peril concealed by trust in Mr. +Gladstone, ib.--Peril concealed by peculiar condition of opinion, p. +178.--The path of safety and true policy, p. 180.--Policy of +seriousness, ib.--Seriousness of question at issue, ib.--Danger of civil +war, p. 181.--Policy of simplicity, p. 183.--Strenuous opposition to +Bill, ib.--Cry of obstruction futile, p. 184.--Details not to be made +too prominent, p. 185.--No appearance of concession allowable, p. +186.--Policy of appeal to the nation, p. 187.--House of Lords must +ensure dissolution, ib.--House of Lords may be called upon to enforce +Referendum, p. 188.--Conclusion, p. 191. + + +APPENDIX + PAGES + +GOVERNMENT OF IRELAND BILL 195-223 + ARRANGEMENT OF CLAUSES 195, 196 + + 1. Establishment of Irish Legislature, p. 197--2. Powers of Irish + Legislature, ib.--3. Exceptions from powers of Irish Legislature, + ib.--4. Restrictions on powers of Irish Legislature, p. 198.--5. + Executive power in Ireland, ib.--6. Composition of Irish + Legislative Council, p. 199.--7. Composition of Irish Legislative + Assembly, ib.--8. Disagreement between two Houses, how settled, p. + 200.--9. Representation in Parliament of Irish counties and + boroughs, ib.--10. As to separate Consolidated Fund and Taxes, p. + 201.--11. Hereditary revenues and income tax, p. 202.--12. + Financial arrangements as between United Kingdom and Ireland, p. + 203.--13. Treasury Account (Ireland), ib.--14. Charges on Irish + Consolidated Fund, p. 204.--15. Irish Church Fund, p. 205.--16. + Local loans, ib.--17. Adaptation of Acts as to Local Taxation + Accounts and Probate, etc., duties, ib.--18. Money bills and votes, + p. 206.--19. Exchequer judges for revenue actions, election + petitions, etc., ib.--20. Transfer of post office and postal + telegraphs, p. 207.--21. Transfer of savings banks, p. 208.--22. + Irish appeals, p. 209.--23. Special provision for decision of + constitutional questions, ib.--24. Office of Lord Lieutenant, p. + 210.--25. Use of Crown lands by Irish Government, ib.--26. Tenure + of future judges, ib.--27. As to existing judges and other persons + having salaries charged on the Consolidated Fund, ib.--28. As to + persons holding civil service appointments, p. 211.--29. As to + existing pensions and superannuation allowances, p. 212.--30. As to + Police, ib.--31. Irish Exchequer Consolidated Fund and Audit, p. + 213.--32. Law applicable to both Houses of Irish Legislature, + ib.--33. Supplemental provisions as to powers of Irish + Legislature, ib.--34. Limitation of borrowing by local authorities, + p. 214.--35. Temporary restriction on powers of Irish Legislature + and Executive, ib.--36. Transitory provisions, ib.--37. Continuance + of existing laws, courts, officers, etc., p. 216.--38. Appointed + day, ib.--39. Definitions, ib.--40. Short title, p. 217. + + +SCHEDULES 218-223 + +1. Legislative Council 218 +2. Irish Members in the House of Commons 220 +3. Finance 222 + + + + +INTRODUCTION + + +Irish Unionists have pressed for a republication of _A Leap in the +Dark_. They hold that it will be of some service in their resistance to +the Coalition of Home Rulers, Socialists, and Separatists formed to +force upon the people of England and of Scotland a virtual dissolution +of the Union between Great Britain and Ireland. It would in any case +have been a pleasure to afford aid, however small, to the Irish +Unionists, whether Protestants or Catholics, engaged in the defence at +once of their own birthright and of the political unity of the United +Kingdom. Yet for a moment I doubted whether the republication of a +forgotten criticism of a forgotten Bill would be of essential service to +my friends. On reflection, however, I have come to see that, though the +Unionists of Ireland probably overrate the practical value of my book, +yet their hope of its serving the cause whereof they are the most +valiant defenders is based on sound reasons. + +_A Leap in the Dark_ is a stringent criticism of the Home Rule Bill, +1893.[1] But the book has little to do with the details and intricacies +of that Bill. _A Leap in the Dark_ was published before the Home Rule +Bill of 1893 had reached the House of Lords, or had assumed that final +form, which made patent to the vast majority of British electors that a +measure which purported to give a limited amount of independence to +Ireland, in reality threatened England with political ruin. My criticism +is therefore in truth an attack upon the fundamental principles of Home +Rule, as advocated by Gladstone and his followers eighteen years ago. +These principles, moreover, have never been repudiated by the Home +Rulers of to-day. Some members of the present Cabinet, notably the Prime +Minister and Lord Morley, were the apologists of the Bill of 1893. In +that year _A Leap in the Dark, or Our New Constitution_, was, I venture +to say, accepted by leading Unionists, such as Lord Salisbury, the Duke +of Devonshire, Mr. Balfour, Mr. Chamberlain, Sir Henry James (now Lord +James of Hereford), as, in the main, an adequate representation of the +objections which, in the judgment of such men and thousands of +Unionists, were fatal to the acceptance of any scheme whatever of Home +Rule for Ireland. The battle over Home Rule lasting, as it did for +years, and ending with the complete victory of the Unionists, has been +forgotten by or has never become known to the mass of the present +electors. It is well that they should be reminded of the solid grounds +for the rejection by the Lords of the Home Rule Bill of 1893. It is well +that they should be reminded that this rejection was in 1895 ratified by +the approval of the electorate of the United Kingdom _A Leap in the +Dark_ will assuredly remind my readers that in 1893 the hereditary House +of Lords, and not the newly elected House of Commons, truly represented +the will of the nation. This is a fact never to be forgotten. It is of +special import at the present moment. Another equally undoubted fact +deserves attention. Home Rulers themselves despair of carrying a Home +Rule Bill until they shall have turned the Parliament Bill into the +Parliament Act, 1911, and my readers ought never to forget that the +passing of the Parliament Bill into law destroys, and is meant to +destroy, every security against the passing of any Home Rule Bill +whatever which the present majority of the House of Commons choose to +support. This gives an ominous significance to the obstinate refusal of +the Government to alter or amend any of the material enactments +contained in this ill-starred measure. _A Leap in the Dark_, combined +with a knowledge of the Parliament Bill and the legislative dictatorship +with which it invests the existing Coalition, suggests at least four +conclusions which must at all costs be forced at this moment upon the +attention of the nation. They may be thus summed up: + + _First_.--If the Parliament Bill passes into law the existing + majority of the House of Commons will be able to force, and will + assuredly in fact force, through Parliament any Home Rule Bill + whatever (even were it the Home Rule Bill of 1893), which meets + with the approval of Mr. Redmond, and obtains the acquiescence of + the rest of the Coalition. + + The Coalition need not fear any veto of the House of Lords. There + will be no necessity for an appeal to the electors, or in other + words to the nation. The truth of this statement is indisputable. + The legal right of the majority of the House of Commons to pass any + bill whatever into law, even though the House of Lords refuse its + assent, is absolutely secured by the very terms of the Parliament + Bill. That the leaders of the Coalition, such as Mr. Asquith, the + Chancellor of the Exchequer, and Mr. John Redmond, will press their + legal right to its extreme limits is proved to any man who knows + how to read the teaching of history, by the experience of 1893. Mr. + Gladstone used every power he possessed, and used it + unscrupulously, to drive a Home Rule Bill through the House of + Commons. He was a man trained in the historical traditions of + Parliament. He assuredly did not relish the use of the closure and + the guillotine. He was supported in the Commons by a very narrow + majority, never I think exceeding forty-eight, and often falling + below that number. The power of the party system, or as Americans + say, the "Machine," was admittedly much less in 1893 than it has + become in 1911. Yet Mr. Gladstone used such power as he possessed + to the utmost. He hurried through the House of Commons a Bill + which had not in fact received the assent of the nation. He made + the freest use of every device for curtailing freedom of debate. A + large and most important portion of the Home Rule Bill was not + discussed at all in the Commons. And this Bill contained + provisions, not appearing in its original form, for the retention + of eighty Irish members at Westminster with full authority to take + part in every kind of legislation which might be laid before + Parliament; though Mr. Gladstone himself held the fairness to + England of this provision dubious[2] and Mr. (now Lord) Morley had + in 1886 demonstrated by reasoning which to my mind is absolutely + conclusive that under a system of Home Rule the presence of Irish + representatives in the Imperial Parliament at Westminster would + work fatal injury to Ireland and gross injustice to England.[3] Can + any man able to draw from political precedents their true meaning + believe that Mr. Asquith, and the allies who are his masters, will + be more scrupulous in forcing the next Home Rule Bill through the + House of Lords than was Mr. Gladstone in forcing the Home Rule Bill + of 1893 through the House of Commons? Mr. Asquith is supported by a + large though incongruous majority. His almost avowed aim in pushing + the Parliament Bill, unchanged and unchangeable, through the Houses + of Parliament is to force the Home Rule Bill on the people of Great + Britain against their will. Hesitation to make use of this + dictatorial authority, should he ever obtain it, will to himself + mean political ruin; to his English supporters it will seem + political pusillanimity; by his Irish confederates it will be + denounced as breach of faith and treachery. As certainly as night + follows day the passing of the Parliament Act will be succeeded by + the attempted passing of a Home Rule Act. + + _Secondly_.--Mr. Redmond and the Home Rulers, or Separatists, of + whom he is the leader, will exact under any Home Rule Bill of say + 1912 or 1913, at lowest, every advantage which was demanded by + Irish Nationalists in 1893. + + Why, in the name of common sense, when Irish Nationalists are + absolute masters of the situation, should they demand lower payment + for their support than was offered to them twenty years ago when + the Home Rule majority was every day losing strength, when every + one knew that nothing but the show of moderation gave the slightest + chance of a Home Rule Bill escaping the veto of the House of Lords, + when every one, except perhaps Mr. Gladstone, foresaw that the next + General Election would give to Unionists a crushing majority? Every + advantage conceded in 1893 to Irish Separatists at the expense of + England will assuredly reappear in one form or another in the next + Home Rule Bill. Thus Ireland will, we may anticipate, under the + next Home Rule Bill send to the Parliament at Westminster at least + eighty members armed with the fullest legislative authority, so + that, to revive the language current eighteen years ago, Ireland + will govern and tax England whilst England will retain no right + either to govern or to tax Ireland. + + _Thirdly_.--Every question to which in 1893 Gladstonians could + discover no answer satisfactory to Unionists or to the electorate + of Great Britain requires an answer in 1911 as much as in 1893. The + answer favourable to Home Rule has not as yet been discovered. + + Is it possible to combine the effective supremacy of the Imperial + Parliament with Home Rule or the substantial legislative + independence of Ireland? Can Ireland, close to the shore of Great + Britain, occupy the position of a self-governing colony, such as + New Zealand, divided from Great Britain by thousands of miles of + sea? Is it possible to create, or even to imagine, a Court which + shall decide whether a law passed by the Irish Parliament violates + the provisions of the proposed Home Rule Act? Above all, can the + wit of man devise any scheme of constitution which shall at once + satisfy the aspirations of Irish Nationalism and the patently just + demand of Ulster that Protestants shall retain the freedom and the + rights secured to them as citizens of the United Kingdom? Is there + any form of Home Rule which will satisfy the desire of Irish + Nationalists for something approaching national independence + without the urgent peril of rousing civil war between Ulster and + the Parliament at Dublin? All these inquiries, and others like + them, harassed the Parliament of 1893; they were all answered by + Unionists, that is by the majority of the British electors, with a + decided negative; they will all be raised and will all need an + answer when the leaders of the Coalition condescend to produce + their next Home Rule Bill or even to reveal its fundamental + principles. + + _Fourthly_.--England in the circumstances of to-day is threatened + with two perils which did not exist in 1893, and yet are of + stupendous gravity. + + The first is, that in the case of a measure of Home Rule the + opportunities for discussing its provisions which are contained in + the Parliament Bill may turn out nominal rather than real. It is + not at all certain that for such a Bill, even though it be abhorred + by the electorate of the United Kingdom, the House of Lords will be + practically able to secure the delay and elaborate discussion to + which Mr. Asquith professedly attaches immense importance. + Unionists will believe that the measure passed by a large majority + of the House of Commons is detested by the majority of the British + electors. But how will it be possible to carry on the government of + Ireland, to maintain order, or to save a loyal minority from gross + oppression after a Home Rule Bill applauded by Separatists has been + passed through the House of Commons, and for the first time has + been rejected by the House of Lords? Every official in Ireland, + down from the Lord Lieutenant to the last newly appointed member of + the Irish Constabulary, every Irishman loyal or disloyal, will know + that the Bill will within a year or two become law and that Irish + Nationalists will control the Parliament and the government of + Ireland. Will not the House of Lords be urged by every alleged + consideration of good sense and humanity to close without delay a + period of uncertainty which is threatening to turn into a reign of + anarchy or of terror? The question supplies its own answer. The + second peril is one whereof nobody speaks, but which must occur to + any man who has studied the history of the past eighteen years or + reflects upon the condition of public opinion. The peril, to put + the matter plainly, is that Home Rulers will not stop at attaining + Home Rule for Ireland, and that they may, and probably will, + attempt to undermine the political predominance of England. + Everything points in this direction. The agitation for Home Rule + has fostered in Ireland, and to a very limited extent in certain + other parts of the United Kingdom, a feeling approaching to + jealousy of English power. England or Great Britain is the + predominant partner. England is wealthy, England is prosperous. + England, as the language of common life imports, is the leading + member of the United Kingdom. Lord Rosebery announced with wise + foresight that Home Rule in Ireland could hardly be established + with benefit to the United Kingdom until the assent thereto of the + predominant partner had been obtained by force of argument. The + idea was grounded on common sense. Will it not suggest to Irish + Nationalists that their moment of authority must be used for + obtaining far greater privileges for Ireland than the extravagant + political power offered by Gladstonians in 1893? Is it not natural + for Home Rulers to think that the predominant partner ought to be + deprived of his predominance? The conduct of the Coalition and some + of its leaders points in this direction. They will have obtained + through the Parliament Act temporary, but strictly unlimited and + dictatorial, power. They will have obtained it by intrigue; they + have rejected and treated with scorn the idea of an appeal to the + people. They have claimed, not for Parliament but for the existing + House of Commons, an absolute legislative power superior to that of + the nation, a power which I assert with confidence is not possessed + by the elected Assemblies of the United States, or of the French + Republic, or of the Swiss Confederation: And by a strange + combination of circumstances one method for depriving the + predominant partner of legitimate authority may seem to a Home + Ruler to lie near at hand. Raise the cry of 'Home Rule all round,' + or of 'Federalise the British Empire.' Turn England into one State + of a great federation, let Wales be another, Scotland a third, the + Channel Islands a fourth, and for aught I know the Isle of Man a + fifth. Let the self-governing Colonies, and British India, send + deputies to the Imperial or Federal Parliament. You may thus for a + moment, under the pretence of uniting the Empire, not only divide + the United Kingdom, but deprive England or Great Britain, in form + at least, of that political supremacy and predominance which is the + real bond of union and peace not only throughout the United + Kingdom, but also throughout the length and breadth of the British + Empire. I do not tremble for the power--the lawful and legitimate + power--of England. Political devices, however crafty, break down + whenever they are opposed to the nature of things. I know that + unity is increasing throughout the Empire not through the cunning + or the statecraft of politicians, but through the whole course of + events. One part of our Imperial system becomes daily under the + effect of railways, steamers, telegraphs, and the like, nearer and + nearer to every other part. The sentiment of unity which is more + valuable than any law aiming at formal federation each year gains + strength. What I do fear and insist upon is the danger that a + legislative dictatorship conferred on a party, and therefore + necessarily taken away from the nation, should be employed in the + attempt, vain though it ultimately must be, to deprive the + predominant partner of a predominance requisite for the maintenance + both of the United Kingdom and of the British Empire. + +The four reflections at any rate which may be suggested by _A Leap in +the Dark_ are well worth the consideration of the loyal citizens of the +United Kingdom. + +A.V. DICEY. + +FOOTNOTES: + +[1] Its technical title as given in the Bill is the Irish Government +Act, 1893. + +[2] See _Annual Register_, 1893 (New Series), p. 180. + +[3] See especially pp. 39, 40, 41-43 _post._ + + + + +A LEAP IN THE DARK[4] + +FOOTNOTES: + +[4] My readers are earnestly recommended to study Mr. Cambray's _Irish +Affairs and the Home Rule Question_. It brings the history of the Home +Rule movement well up to date, and strengthens almost every argument +against Home Rule to be found in _A Leap in the Dark._ The notes in +square brackets are new. + + + + +CHAPTER I + +OLD AND NEW CONSTITUTION + + +The Home Rule Bill[5] contains a New Constitution for the whole United +Kingdom.[6] + +The Bill bears on its face that its object is 'to amend the provision +for the Government of Ireland'; it is entitled 'The Irish Government +Act, 1893'; it is in popular language known as the Home Rule Bill. But +all these descriptions are misleading. It is in truth a measure which +affects the government alike of England, of Scotland, and of Ireland. +It changes, to some extent the form, but to a far greater extent the +working, and the spirit of all our institutions. It is a bold attempt to +form a new constitution for the whole United Kingdom; it subverts the +very bases of the existing constitution of England. + +The present constitution of the United Kingdom is marked and has long +been marked by two essential characteristics, the one positive and the +other negative. + +The positive characteristic is the absolute and effective authority of +the Imperial Parliament throughout the length and breadth of the United +Kingdom. + +To this characteristic Englishmen are so accustomed that they hardly +recognise its full importance. A government may make its power felt in +three different ways--by the action of the Executive, including under +that head all the agents of the Executive, such as the judiciary and the +armed forces--by legislation--and by the levying of taxes. Take any of +these tests of authority, and it will be found that the British +Parliament is not only theoretically, but actually and effectively, +supreme throughout the whole of Great Britain and Ireland. The Cabinet +is virtually appointed by the Houses of Parliament; the army, the +judges, the magistracy, all officials who throughout the country +exercise executive power in any form whatever are directly or indirectly +appointed by Parliament, and hold office subject to the will of +Parliament Of the legislative authority of Parliament as regards the +United Kingdom it is scarcely necessary to speak. Any law affecting the +United Kingdom not only lawfully may, but can in fact, be changed by the +Imperial Parliament. Of the unlimited legislative authority ascribed to, +and exercised by, Parliament in the United Kingdom the Home Rule Bill +itself is sufficient evidence; and the Gladstonian Ministry, at any +rate, see no reason why Parliament should not within the course of a few +weeks remodel the fundamental laws of the realm. The right to impose +taxes is historically the source of Parliamentary power, and in all +matters of taxation Parliament has absolute freedom of action from one +end of the United Kingdom to the other; whether the income tax is to be +lowered, raised, or abolished, whether some new duty, such as the cart +and wheel tax, shall be imposed, whether the United Kingdom shall +maintain free trade, or return to protection, how taxes shall be raised +and how they shall be spent--all matters in short connected with revenue +are throughout the United Kingdom determined and determinable in the +last resort by Parliament alone. + +Hence, as things now stand, no kind of governmental action in any part +of Great Britain and Ireland escapes Parliamentary supervision. The +condition of the army, the management of the police, the misconduct of +a judge, the release of a criminal, the omission to arrest a defaulting +bankrupt, the pardon of a convicted dynamiter, the execution of a +murderer, the interference of the police with a public meeting, or the +neglect of the police to check a riot in London, in Skye, or in +Tipperary, any matter, great or small, with which the executive is +directly or indirectly concerned, is, if it takes place in any part of +the United Kingdom, subject to stringent and incessant Parliamentary +supervision, and may, at any moment, give rise to debates on which +depend the fate of ministries and parties. If there be such a thing as +supreme actual and effective authority, such authority is throughout the +whole of the United Kingdom exercised by the Imperial Parliament, not +occasionally and in theory, but every day and in the ordinary course of +affairs. + +This exertion of actual and effective power by the Imperial Parliament +throughout the United Kingdom is a totally different thing from the +supremacy or sovereignty exercised by Parliament throughout the whole +British Empire. As a matter of legal theory Parliament has the right to +legislate for any part of the Crown's dominions. Parliament may lawfully +impose an income tax upon the inhabitants of New South Wales; it may +lawfully abolish the constitution of the Canadian Dominion, just as some +years ago it did actually abolish the ancient constitution of Jamaica. +But though Parliament does in fact exert a certain, or rather a very +uncertain, amount of power throughout the whole Empire, we all know that +the Imperial Parliament neither exercises, nor claims to exercise, in a +self-governing colony such as New Zealand,[7] that kind of effective +authority which Parliament exercises in the United Kingdom. The Cabinet +of New Zealand is not appointed at Westminster; the action of a New +Zealand Ministry as regards the affairs of New Zealand is not controlled +by the English Government. Not a pennyworth of taxation is imposed on +the inhabitants of New Zealand, or of any colony whatever, by the +Imperial Parliament. Even the imposition of customs, though it has an +important bearing on the interest of the Empire, is in a self-governing +colony determined by the colonial, and not by the British, Parliament. +It is the Parliament of New Zealand, and not the Parliament of England, +which governs New Zealand. The Imperial Parliament, though for Imperial +purposes it may retain an indefinite supremacy throughout the British +Empire, has, as regards self-governing colonies, renounced, for all +other than Imperial purposes, executive and legislative functions. To +labour this point may savour of pedantry. But the distinction insisted +upon, whilst often overlooked, is of extreme importance. We risk being +deceived by words. The Imperial Parliament is supreme in the United +Kingdom, it is also supreme in New Zealand. But the supremacy of the +Imperial Parliament is a misleading expression; it means one thing in +the United Kingdom, and another thing in New Zealand or in Canada. In +the United Kingdom it means the exercise of real, actual, effective and +absolute authority. In New Zealand it means little more than the claim +to regulate matters of a distinctly and exclusively Imperial character. +The distinction is vital. The essential feature of the English +constitution is the actual and direct government of the whole United +Kingdom by the Parliament at Westminster. No change could be more +fundamental than a change which, in England, Scotland, or Ireland, +reduced this actual authority to the ultimate or reserved sovereignty +exercised, or rather claimed, by Parliament in Canada or in New Zealand. + +The negative characteristic of the English constitution is the absence +of federalism or of the federal spirit. + +The spirit of institutions is as important as their form, and the spirit +of English Parliamentary government has always been a spirit of unity. + +The fundamental conditions of federal government are well known. They +are first the existence of States such as the Cantons of Switzerland or +the States of Germany, which are capable of bearing in the eyes of their +inhabitants an impress of common nationality, and next the existence +among the inhabitants of the federalised country of a very peculiar +sentiment, which may be described as the desire for political union +without the desire for political unity.[8] This condition of opinion +leads to a division of powers between the federal or national government +and the States. Whatever concerns the nation as a whole is placed under +the control of the federal power. + +All matters which are not primarily of common interest remain in the +hands of the States. Now each of these conditions upon which federalism +rests has, as a matter of history, been absolutely unknown to the people +of England. In uniting other countries to England they have +instinctively aimed at an incorporative not at a federal union. This +absence of the federal spirit is seen in two matters which may appear of +subordinate, but are in reality of primary, consequence. Every member of +Parliament has always stood on a perfect equality with his fellows; the +representatives of a county or of a borough, English members, Scottish +members, Irish members, have hitherto possessed precisely equal rights, +and have been subject to precisely the same duties. They have been sent +to Parliament by different places, but, when in Parliament, they have +not been the delegates of special localities; they have not been English +members, or Scottish members, or Irish members, they have been simply +members of Parliament; their acknowledged duty has been to consult for +the interest of the whole nation; it has not been their duty to +safeguard the interests of particular localities or countries. Hence +until quite recent years English parties have not been formed according +to sectional divisions. There has never been such a thing as an English +party or a Scottish party. Up to 1832 the Scottish members were almost +without exception Tories; since 1832 they have been for the most part +Liberals or Radicals; they have kept a sharp eye upon Scottish affairs, +but they have never formed a Scottish party. The same thing has, to a +great extent, held good of the Irish members. The notion of an Irish +party is a novelty, and in so far as it has existed is foreign to the +spirit of our institutions. Hence further, the Cabinet has been neither +in form nor in spirit a federal executive. No Premier has attempted to +constitute a Ministry in which a given proportion of Irishmen or +Scotchmen should balance a certain proportion of Englishmen. English +politicians have as yet hardly formed the conception of an English +party. Not a single Prime Minister has claimed the confidence of the +country on the ground that his colleagues were, or were not, English, +Scottish, or Irish. That a Premier should glory in his pure Scottish +descent is an innovation; it is an innovation ominous of revolution; it +betrays a spirit of disintegration. If at the moment it flatters +Scottish pride, Scotchmen and Irishmen would do well to recollect that +it is a certain presage of a time when some Englishman will rise to +power and obtain popular support on the ground of his staunch English +sympathies and of his unadulterated English blood. + +Now place the new constitution side by side with the old. Assume, as I +do assume throughout this chapter, that our new Gladstonian policy works +in accordance with the intentions of its authors. + +The new constitution abolishes in Ireland the actual and effective +control and authority of the Imperial Parliament. + +The government of Ireland is under the Home Rule Bill[9] placed in the +hands of an executive authority, or, in plain terms, a Cabinet, +undoubtedly to be appointed by the Irish Legislature, in the same sense in +which an English Cabinet is appointed by the British Parliament, or a +New Zealand Cabinet is appointed by the Parliament of New Zealand.[10] +For the first time in the whole course of history the administration of +Irish affairs is placed in the hands of an Irish Ministry, in the +selection of which the Imperial Parliament has no hand or concern +whatever. Mr. McCarthy, Mr. Healy, Mr. Redmond, Mr. Davitt, any leader, +known or unknown, loyal or disloyal, who commands the confidence of the +Irish Legislature, or, as I will venture to term it, the Irish +Parliament,[11] will naturally become the Premier of Ireland, and, +together with his colleagues, will possess all the authority which +belongs to a Parliamentary Executive. On the action of this Irish +Cabinet the Bill places, with rare exceptions, either no restrictions at +all or restrictions which are only transitory.[12] Speaking generally, +we may lay down that, except as to the control of the army, if that be +an exception, the Irish Cabinet will, when the constitution gets into +full working order, occupy in Ireland the position now occupied by the +British Cabinet in regard to the whole United Kingdom. The appointment +of officials, the conduct of Irish affairs, all the ordinary functions +of government will, with certain exceptions meant for the most part to +protect the rights of the Imperial Parliament, be exercised by Irish +Ministers responsible to the Irish Parliament; and the British or +Imperial Parliament will, in the ordinary course of things, have no more +to do with the administration of affairs in Ireland than it has to do +with the administration of affairs in New Zealand. The Irish, not the +British, Cabinet will decide what are the steps to be taken for the +protection throughout Ireland of the rights of property or of personal +liberty; the Irish and not the English Cabinet will determine by what +means the payment of rent is to be enforced; the Irish and not the +English Cabinet will decide what persons are to be prosecuted for crime; +the Irish and not the English Cabinet will determine whether the means +for enforcing the punishment of crime are adequate, and whether +Ireland, or some part of Ireland, say Belfast, requires to be governed +by means of a Coercion Act; the Irish and not the English Cabinet will +decide with what severity wrong-doers are to be punished, and whether, +and under what circumstances, convicted criminals deserve either pardon +or mitigation of punishment. + +It is patent that under the new constitution the Irish Parliament and, +under ordinary circumstances, the Irish Parliament alone will legislate +for Ireland. For the Irish Parliament can, subject to certain +Restrictions,[13] pass any law whatever 'for the peace, order and good +government of Ireland, in respect of matters exclusively relating to +Ireland or some part thereof'[14]; and, subject to the same +Restrictions, may repeal any law which, before the Home Rule Bill +becomes law, is in force in Ireland. Under the new constitution the +Irish Parliament and not the Imperial Parliament will, it is clear, as a +rule legislate for Ireland. Under the new constitution the Irish +Parliament may enact a Coercion Act, applying say to Ulster, or may +repeal the existing Crimes Act. It may abolish trial by jury[15] +altogether, put any restraints it sees fit on the liberty of the press, +or introduce a system of administrative law like that which exists in +France, but is totally foreign to English notions of jurisprudence. + +Under the new constitution, again, the financial relations of Great +Britain and Ireland are made the subject of an elaborate arrangement +which may fairly be called a contract[16]. Ireland takes over certain +charges[17], and speaking very generally, whilst all the duties of +customs levied in Ireland are collected by and paid over to the +Exchequer of the United Kingdom, as Ireland's contribution to Imperial +expenditure, all the other taxes are, as a general rule, paid over to +the Irish Exchequer. The justice or the policy of these financial +arrangements is for my present purpose immaterial. All that need be +observed is that the ordinary taxation of Ireland passes from the hands +of the Imperial Parliament into the hands of the Irish Parliament, and +that under the new constitution this arrangement is a settlement which +the Imperial Parliament is morally bound to respect for a period of at +least fifteen years[18]. + +In Ireland therefore the new constitution abolishes the effective +exercise of authority by the Imperial Parliament in matters of +administration, in matters of legislation, in matters of finance; every +concern which affects the daily life of Irishmen will be under the +control of the Irish Cabinet and the Irish Parliament. The relation of +the Imperial Parliament towards Ireland will not be the relation which +it now occupies towards the whole United Kingdom, and which under the +new constitution it will still occupy towards Great Britain. The +Imperial Parliament, it is true, retains considerable reserved powers; +what are the effect and nature of these powers shall be considered in +its due place. The matter upon which I now insist is simply this: the +new constitution does in any case transfer the effective government of +Ireland from the Imperial Parliament to the Irish Parliament. The +authority reserved to the Imperial Parliament may be termed supremacy, +or sovereignty, or may be described by any other fine-sounding name +which we are pleased to use, but the fact remains unaltered that, as +long as the new constitution stands and works, the Imperial Parliament +will not govern Ireland in the sense in which it governs England and +Scotland, and that such authority as it exerts in Ireland will be +analogous not to the power which it now exercises there, but to the +influence which it possesses in Canada or in New Zealand.[19] + +The new constitution is at bottom a federalist or semi-federalist +constitution; it introduces into English institutions many of the forms +of federalism and still more of its spirit. + +The Parliament sitting at Westminster becomes for the first time a +Federal Congress. + +Of its members, 567 will represent Great Britain; 80 will represent +Ireland. The exact numbers are for the present purpose insignificant. +The serious matter is that the Imperial Parliament undergoes an +essential change of character. The British members will have, or are +intended to have, no concern with the government of Ireland. The Irish +members ought to have nothing to do with the government of Great +Britain. On Imperial subjects the Imperial Parliament, or, to call it by +its proper name, the Federal Congress, votes as a whole; on Irish +subjects it does not vote at all; on British topics its British members +only vote. The British and the Irish members, in short, alike represent, +though in a very clumsy fashion, the States of a Confederacy. Though the +fact be artfully concealed, we have under the new constitution already, +in germ at least, a British State and an Irish State, a British +Parliament and an Irish Parliament, and a third body consisting of these +two Parliaments, which is the Imperial or Federal Parliament.[20] + +The different features of federalism make their appearance though under +strange forms. + +The constitution imposes Restrictions on the powers of the State +Governments and of the Federal Government. + +This appears unmistakably in the limitations placed upon the authority +of the Irish Parliament. + +These Restrictions, be they wise or unwise, politic or impolitic, are +perfectly in keeping with the constitutional arrangements of a Federal +Government, but are absolutely unknown to the theory and practice of +English parliamentary government. + +The powers of the Imperial Parliament, it may be said, are under the new +constitution subject to no limitations. In words this assertion is true, +in substance it is false. If the constitution works properly the +Imperial Parliament will clearly be subject to the terms of the +Government of Ireland Act, 1893, or, in other words, of the Federal +Constitution. This subjection is not absolute; it is moral, not legal, +still it exists. A breach of the federal compact will be no light +matter. + +The constitution again, as one would expect under a federal scheme, +provides for the enforcement of the compact. + +In the case of Ireland this is manifest. The royal veto,[21] the power +of the Courts, and ultimately of the Privy Council, to pronounce on the +constitutionality of any Irish Act, and treat it as void if it is in +excess of the authority bestowed upon the Irish legislature, the +provisions for the legal determination of constitutional questions,[22] +the arrangements as to the payment of the Irish customs into the +Imperial Exchequer, the special and very anomalous position of the +Exchequer Judges, are all attempts, whatever be their worth, to restrain +the Irish legislature and government, or in effect the Irish people, +from the undue assertion of State rights. + +Restraints again are placed on the unconstitutional action of the +Imperial or Federal Parliament. They are less obvious, but at least as +real and effectual as the safeguards against the breach of the +constitution by the Irish government or legislature. They are all summed +up in the presence of the Irish representatives at Westminster. The only +legitimate reason, if legitimate reason there be, for their presence is +the guardianship of Irish rights under the constitution. It is for them +to see that these rights are held sacred. No diminution thereof can take +place without either the assent of the Irish members or else the +existence of such a majority in the Parliament at Westminster as may +override the protests of Ireland.[23] No doubt this is not an absolute +security. But whoever considers the habits of English political life +will conclude that, except in the event of the Imperial Parliament being +resolved to suspend or destroy the constitution, there exists the +highest improbability that any inroad should be made upon the privileges +conferred under the new constitution upon Ireland. The security, though +not absolute, is a good deal better than any safeguard given by the Bill +that the State rights of Great Britain shall be duly respected by the +representatives from Ireland. Assume, however, that the constitution +works properly, and that all parties respect the spirit of its +provisions. The result is that the new constitution forms a fundamental +law, fixing the respective rights of Ireland, of Great Britain, of the +Irish Parliament, and of the Imperial Parliament.[24] + +The federal arrangements which, utterly unknown as they are to our +institutions, form the foundation of the new constitution, are as +nothing compared with the recognition and fostering of the federal +spirit. + +Great Britain and Ireland constitute for the first time in history a +confederation. The difference or opposition of their interests receives +legislative acknowledgment: each country is to possess in reality, +though not in name, State rights; each must rely upon the constitution +for the protection of these rights; each may suffer from the +encroachments of the Imperial or central power. Ireland may complain +that the Imperial Parliament by legislation, or the Privy Council by +judicial interpretation, encroaches on her guaranteed rights. Great +Britain may complain either that Irish members intermeddle in British +affairs, and thus British rights are violated, or that the Privy Council +so interprets the constitution that the prerogatives of the Central +Government (which be it remembered must in practice be identified with +the power of England) are unduly diminished. To imagine such complaints +is not to assume that the constitution works badly. They are of +necessity inherent in the federal system. There exists no federal +government throughout the world where such complaints do not arise, and +where they do not at times give rise to heart-burnings. It is well +indeed, judging from the lessons of history, if they do not produce +bitter conflicts, or even civil war. Let us take, however, the most +sanguine view possible. Let us grant that both in England and in Ireland +every minister, every legislator, every judge, is inspired with a spirit +of perfect disinterestedness and absolute fairness. This concession, +immense though it be, does not exclude vital differences of opinion. In +our new confederacy, as in every other, there will arise the contest +between State rights and federal rights, between the authority of the +Central Government and of the State Government. In any case, a whole +class of new difficulties and questions of a totally new description +will make their appearance in the field of English politics, and call +for the exercise on the part both of English and of Irish statesmen of +extraordinary wisdom and extraordinary self-control. The new +constitution in short, in virtue of its federal tendencies, will +revolutionise the public life of the United Kingdom. + +From whatever side the matter be considered we arrive at the same +result. The Home Rule Bill is a new constitution; it subverts the bases +of the English constitution as we now know it, for it destroys +throughout Ireland the effective authority of the Imperial Parliament, +and turns the United Kingdom into a federal government of a new and +untried form. + +The change may be necessary or needless, wise or unwise. The first and +most pressing necessity of the moment is that every elector throughout +the United Kingdom should, realise the immense import of the innovation. +It is a revolution far more searching than would be the abolition of the +House of Lords or the transformation of our constitutional monarchy into +a presidential republic. + +The next point to which the attention of every man throughout the land +should be directed is, that the new constitution offered to us for +acceptance is unknown to any other civilised country. Parts of it are +borrowed from the United States; some of its provisions are imported +from the British colonies, whilst others are apparently the inventions +of the unknown and irresponsible Abbe Sieyes, who is the ingenious +constitution-maker of the Cabinet. But the new polity as a whole +resembles in its essence neither the American Commonwealth nor the +Canadian Dominion, nor the Government either of New Zealand or of any +other self-governing colony. It is an attempt--its admirers may think an +original and ingenious attempt--to combine the sovereignty of an +Imperial Parliament with the elaborate limitation and distribution of +powers which distinguish federal government. The whole thing is an +experiment and an experiment without precedent. Its novelty is not its +necessary condemnation, but neither on the other hand is innovation of +necessity the same thing as reform. The institutions of an ancient realm +are not exactly the _corpus vile_ on which theorists hard pressed by the +practical difficulties of the political situation can be allowed to try +unlimited experiments. We are bound to scrutinise with care every +provision of this brand-new polity. We are bound to consider what will +be their effect according to the known laws of human nature and under +the actual circumstances of the time. It is vain to tell us that many of +our institutions remain untouched. The introduction of new elements into +an old political system may revolutionise the whole; the addition of new +cloth to an old garment may, we all know, rend the whole asunder. There +is no need for panic; there is the utmost need for prudence. + +FOOTNOTES: + +[5] References made in this treatise to the Home Rule Bill are, unless +otherwise stated, made to the Bill as ordered to be printed by the House +of Commons, February 17, 1893. _A Leap in the Dark_ was published months +before the Bill was sent up as amended to the House of Lords. + +[6] This is true of both of Mr. Gladstone's Home Rule Bills, and must +necessarily be true of any Bill which satisfies even for a time the +wishes of Home Rulers. + +[7] I have substituted New Zealand for Victoria as the example of a +typical self-governing colony; the position of Victoria has since 1900 +been complicated by the country having become a State of the Australian +Commonwealth or Confederation. + +[8] See Dicey, _Law of Constitution_ (7th ed.), ch. iii. pp. 136-140. +Compare Mill, _Rep. Government_, ch. xvii. + +[9] For the sake of convenience I throughout this treatise refer to the +'Bill to amend the provision for the government of Ireland' under its +popular name of the Home Rule Bill, 1893, or simply the Bill. See the +Bill in Appendix. + +[10] Bill, clause 5. + +[11] (The constitutional history of Victoria affords a curious +illustration of what will certainly happen in Ireland.) In Victoria the +Legislature, though not termed a Parliament in the Constitution Act, 18 +& 19 Vict, c. 54, has assumed, under a Victorian Act, the title of the +Parliament 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 more absurd and more noteworthy than the deliberate refusal +of English Gladstonians to call the Irish Parliament by its right name. +They are willing to create an Irish Parliament; they are not willing to +admit that they have created it. See debates of May 9, in _The Times_, +May 10, 1893. + +[12] See Bill, clauses 19, 27, 28, 30. + +[13] Bill, clauses 3, 4. + +[14] Bill, clause 2. + +[15] This will perhaps be disputed. Trial by jury, it will be said, is +saved by the expression 'due process of law,' in clause 4, sub-clause +(5). But this contention is, in my judgment, unfounded, and its validity +must in any case be held open to extreme doubt. + +[16] See Bill, clauses 10-19, and note especially clause 12, sub-clause +(I). + +[17] _Ibid_, clauses 14-16. + +[18] _Ibid_, clause 12, sub-clause (3). + +[19] I am aware that to this statement moderate Gladstonians may take +exception. What may be the effect of the preamble which reserves the +supreme authority of Parliament or of Bill, clause 33, which recognises +the right of the Imperial Parliament 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 Government of +Ireland, including in that expression both the Cabinet and the +Parliament, keeps within the terms of the Act, it is not intended that +the British Cabinet or Parliament shall, except in certain excepted +cases, intervene in Irish affairs. + +[20] All the provisions which under clause 9 of the Home Rule Bill, +1893, in its earliest form, were intended to restrain Irish Peers, or +members representing Irish constituencies, from deliberating or voting +on any Bill or motion the operation of which should 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 same time retaining eighty Irish members at +Westminster with full power to legislate on all English and Scottish +affairs, secured in 1895 the enthusiastic approval by the British +electorate of the rejection of the Home Rule Bill of 1893 by the House +of Lords. + +[21] See Bill, clause 5 (1). + +[22] Bill, clauses 22, 23. + +[23] 'The Imperial Parliament was supreme, but he held the passing of +the Home Rule Bill, reserving certain subjects to the Imperial +Parliament and committing others to the Parliament of Ireland, as +amounting to a compact which would be observed by 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 eighty Irish members--a number which had been found to be +sufficient to initiate an Irish constitution--would be found sufficient +to protect an Irish constitution when it was given.'--Mr. Sexton, Feb. +13, 1893, _Times Parliamentary Debates,_ p. 318. + +[24] For evidence that the power of the Imperial Parliament is intended +under the new constitution to be subjected to at any rate a moral limit, +the reader should note particularly the terms of the Home Rule Bill, +clause 12, sub-clause (3). + + + + +CHAPTER II + +THE NEW CONSTITUTION + + +A critic of the new constitution, intent on ascertaining how it affects +the relation of Great Britain and Ireland, will do well to divert his +attention from the numerous details of the Home Rule Bill, important as +many of them are,[25] and fix his mind almost exclusively upon the four +leading features of the measure. + +These are:-- + + _First_. The supremacy of the Imperial Parliament. + + _Secondly_. The retention of the Irish members in the Parliament + at Westminster. + + _Thirdly_. The powers of the Irish Government, in which term is + here included both the Irish Executive and the Irish Parliament. + + _Fourthly_. The Restrictions (popularly known as the safeguards) + and the obligations imposed upon the Irish Government. + +These features are primary and essential; everything else, however +important in itself, is subsidiary and accidental. + + +A. _The Supremacy of the Imperial Parliament_[26] + +The Home Rule Bill asserts in its preamble the inexpediency of +'impairing or restricting the supreme authority of Parliament'; and in +clause 33, apparently[27] assumes the right of the Imperial Parliament +after the passing of the Home Rule Bill to enact for Ireland laws which +cannot be repealed by the Irish Parliament. + +The new constitution therefore maintains the supremacy of the Imperial +Parliament. + +What, however, is the true meaning of this 'supreme authority,' +'supremacy,' or 'sovereignty,' if you like, of the Imperial Parliament? + +The term, as already pointed out,[28] is distinctly ambiguous, and +unless this ambiguity is cleared up, the effect of the Home Rule Bill, +and the nature of our new constitution, will never be understood. + +The supremacy of the Imperial Parliament may mean the right and power of +Parliament to govern Ireland in the same sense in which it now governs +England, that is, to exercise effective control over the whole +administration of affairs in Ireland, and for this purpose, through the +action of the English Government, or, when necessary, by legislation, to +direct, supervise and control the acts of every authority in Ireland, +including the Irish Executive and the Irish Legislature. If this were +the meaning of the expression, the Imperial Parliament would, after the +passing of the Home Rule Bill, as before, be as truly supreme in Ireland +as in England, in Scotland, in the Isle of Man, or in Jersey. The Irish +Executive and the Irish Parliament would, of course, be bodies +possessing large--and it might be very dangerous--delegated powers, but +they would stand in the same relation to the Imperial Parliament as does +the London County Council, which also possesses large delegated powers, +which administers the affairs of a population as large as that of +Scotland and which, very possibly, may receive from Parliament as time +goes on larger and more extended authority than the Council now +possesses. This is the sense which many Gladstonians, and some +Unionists, attribute to the term 'supremacy of Parliament.' It is not +the sense in which the expression 'supreme authority of Parliament' is +used in the Home Rule Bill. + +The supremacy of Parliament may bear quite another sense; it may mean +that Parliament, whilst completely giving up the management of Irish +affairs (subject of course to the Restrictions contained in the Home +Rule Bill) to the Irish Executive and the Irish Legislature, retains in +Ireland, as elsewhere throughout the Empire, reserved sovereignty, or +the theoretical right (which exceptionally though rarely may be put into +practice) of passing laws for Ireland and of course, among other laws, +an Act modifying or repealing the terms of the Home Rule Bill itself. If +this is the meaning of the expression 'supreme authority of Parliament,' +the Imperial Parliament will, after the passing of the Home Rule Bill, +stand in substance in the relation to Ireland which Parliament occupies +towards any important self-governing colony, such as is the Canadian +Dominion or New Zealand. The Irish Executive and the Irish Parliament +will on this view constitute the real substantial government of Ireland, +just as the Ministry and the Parliament of New Zealand constitute the +real and substantial government of New Zealand. No doubt the Imperial +Parliament will retain the theoretical right to legislate for Ireland, +_e.g._ to pass an Irish Coercion Act, just as Parliament retains the +theoretical right to legislate for New Zealand or Canada. So the +Imperial Parliament has the legal right to repeal or override any law +passed by the New Zealand Parliament, to tax the inhabitants of New +Zealand, or finally, by the repeal of the New Zealand Constitution Act, +1852, 15 & 16 Vict. c. 72, to abolish the constitution of New Zealand +altogether. But these things Parliament will not, and to speak truly +cannot, do in New Zealand. The inhabitants of New Zealand possess as +regards their internal affairs for practical purposes complete +independence. They are governed from Wellington, they are not governed +from Westminster. If in short the supremacy of Parliament means under +the Home Rule Bill in Ireland what it means under 15 & 16 Vict. c. 72 in +New Zealand, the inhabitants of Ireland will, when the Home Rule Bill +passes into law, be governed from Dublin, they will not be governed from +Westminster. Every Irish Home Ruler, be he Parnellite or +Anti-Parnellite,[29] believes that the supremacy of Parliament is +intended to mean in Ireland what it means in New Zealand, and the Irish +Home Rulers are right. Any one will see that this is so who reflects on +the meaning of the policy of Home Rule, who studies the authoritative +utterances of Gladstonian leaders, such as Mr. Gladstone[30] himself, +Mr. Asquith,[31] or Mr. Bryce.[32] Gladstonian statesmen wrap up their +meaning in vague generalities; they insist, and in one sense with truth, +that the sovereignty of Parliament is reserved. They do not wish to +alarm their English followers. It is possible that they conceal even +from themselves how completely the Imperial Ministry and Parliament +surrender the practical government of Ireland into the hands of the +Irish Parliament and its leaders. But for all this, their own language +and the Bill itself prove that the supreme authority of Parliament is +under the new constitution to be taken in its limited, and what for the +sake of distinction we may call its 'colonial' sense. This is proved, if +evidence were wanting, by the provision[33] that after fifteen years from +the time when the Bill passes into law the financial relations between +England and Ireland may be revised in pursuance of an Address to the +Crown from the House of Commons or from the Irish legislative assembly. +If the Imperial Parliament retains an effective or practically unlimited +supremacy, the provision is futile and needless. What necessity is there +for enacting that a sovereign Parliament, which institutes, may alter a +scheme of taxation? But the provision is intelligible enough on one +supposition, and on one supposition only. It is both intelligible and in +place if Parliament gives up the real right of governing Ireland and +occupies towards what is now a part of the United Kingdom the position, +or something very like the position, which Parliament occupies towards a +self-governing colony. It then embodies a compact between England and +Ireland, and institutes a regular method for revising their financial +relations. But this very compact proves that as regards Ireland the +Imperial Parliament, if it reserves to itself ultimate sovereignty, has +for practical purposes surrendered the reality of control. + +There is no need to assert that this supremacy of the Imperial +Parliament means nothing. The assertion would not be true. The +reservation of sovereign authority means something, but it does not mean +much. It does not mean the power or the right to govern Ireland; it +means at most the legal and moral right to modify, or put an end to, the +new constitution if ever it works badly. + +The power, indeed, to abolish the constitution can neither be given nor +taken away by Acts of Parliament, by the declarations of English +statesmen, or the concessions of Irish leaders, whether authorised or +not to pledge the Irish people. It is given to Great Britain, not by +enactments, but by nature; it arises from the inherent capacity of a +strong, a flourishing, a populous, and a wealthy country to control or +coerce a neighbouring island which is poor, divided, and weak.[34] This +natural supremacy will, if the interests of Great Britain require it, be +enforced by armies, by ironclads, by blockades, by hostile tariffs, by +all the means through which national predominance can make itself felt. +All reference to superior power is, in controversies between citizens, +hateful to every man endowed with a sense of humanity or of justice. But +in serious discussions facts must be faced, and if, for the sake of +argument, I contrast, much against my will, the power of Great Britain +with the weakness of Ireland, let it be remembered that the conception +of a rivalry or conflict is forced upon Unionists by the mere proposal +of Home Rule. As long as we remain a United Kingdom, there is no more +need to think even of hypothetical or argumentative opposition between +the resources or interest of England and of Ireland than there is to +consider what in case of a contest may be the relative force of London +and of the Orkneys. + +What, then, the new constitution secures is not the power, but the legal +right to abolish the new constitution. It is a right to carry through a +fundamental change by lawful means. The Bill legalises revolution. This +is well, for it is desirable that in a civilised State every change of +institutions should be effected by constitutional methods. But should +the circumstances ever arise under which Great Britain is resolved, in +spite of the wishes of the Irish people or a large portion thereof, to +abolish Home Rule and exercise the right of reserved sovereignty, there +is no reason to expect that Irishmen who oppose British policy will +admit that her use of sovereign power is morally justifiable. By force, +or the threat of force, the controversy will, we must expect, in the +last instance, be decided. However this may be, we must now realise what +the supremacy of Parliament, at any rate to the Irish leaders who accept +it, really means. It means nothing but the right of the Imperial +Parliament of its own authority to repeal the Home Rule Bill and destroy +the new constitution. The right may be worth having. But it is not the +right to govern Ireland or to control the Irish Government; it is not a +means of government at all: it is a method of constitutional revolution, +or reaction. + +Some critic will object that this supremacy of Parliament means to him +a good deal more than the mere right to abolish the constitution. So be +it. Let the objector then tell us in precise language what it does mean. +If his reply is that the term is ambiguous, that its meaning must be +construed in accordance with events, and may, according to +circumstances, be restricted or extended, then he suggests that +Parliamentary supremacy is not only an empty right, but an urgent peril. +Nothing can be more dangerous than a compact between England and Ireland +which the contracting parties construe from the very beginning in +different senses. If by asserting the supreme authority of Parliament +English statesmen mean that Parliament reserves the right to supervise +and control the government of Ireland, whilst Irishmen understand that +Parliament retains nothing more than such a kind of supremacy or +sovereignty as it asserts, rather than exercises, in New Zealand, then +we are entering into a doubtful contract which lays the sure basis of a +quarrel. We are deliberately preparing the ground for disappointment, +for imputations of bad faith, for recriminations, for bitter animosity, +it may be for civil war. If there be, as is certainly the case, a fair +doubt as to what is meant by the supremacy of Parliament, let the doubt +be cleared up. This is required by the dictates both of expediency and +of honour. Meanwhile we may assume that the supremacy of Parliament, or +the 'supreme authority of Parliament,' means in substance the kind of +sovereignty which Parliament exercises, or claims to exercise, in every +part of the British Empire. + +For the maintenance of such supremacy, be it valuable or be it +worthless, Great Britain pays a heavy price. For the sake of 'an +outward and visible sign of Imperial supremacy' we retain eighty Irish +members in the Imperial Parliament.[35] + + +B. _The Retention of the Irish Members in the Imperial Parliament_ + +This is now[36] an essential, or at least a most important part of the +ministerial policy for Ireland, yet it is a proposal which even its +advocates must find difficult of defence. In 1886 every Gladstonian +leader told us that it was desirable, politic, and just to exclude Irish +members from the Parliament at Westminster; this exclusion was pressed +upon England (plausibly enough) as a main advantage to be derived from +the concession of Home Rule to Ireland. In 1893 every Gladstonian leader +tells us that it is desirable, politic, and just to retain the Irish +members at Westminster, and their presence is, for some reason not easy +to explain, treated as removing every objection to the concession of +Home Rule to Ireland. This astounding variation of opinion in the +doctors of the State savours of empiricism, not to say quackery. A +surgeon who tells a patient that he will not live unless his leg is +amputated may be right, and may be worthy of trust; another surgeon who +asserts that amputation is unnecessary may be right, and worthy of +trust. But the surgeon who one moment insists that amputation is +necessary to the preservation of his patient's life, and the next moment +that it is unnecessary and may be fatal, is not the kind of adviser who +inspires confidence in his wisdom. + +Let the ingenuity of Gladstonians reconcile, as best it can, the +doctrine of 1886 with the doctrine of 1893. To a man of sense who weighs +the matter without reference to considerations of party, one thing will +soon become apparent: the retention at Westminster of eighty, or indeed +of any Irish members at all, means under a scheme of Home Rule the ruin +of Ireland and the weakness of England. + +As to Ireland.--The presence of Irish members at Westminster robs +Ireland of the one advantage which Home Rule might by any possibility +confer upon that country. + +Any man in order to see that this is so has only to consider, first, +what may under favourable circumstances be the benefit of Home Rule to +Ireland, and next what is the natural result of summoning Irish members +to the Parliament at Westminster. + +The best conceivable result of Home Rule is that it may detach Irishmen +from interest in English politics, and induce the most respected and +respectable men in Ireland to take matters into their own hands and +manage for themselves all strictly Irish affairs. For the last twenty +years, at least, Ireland has been represented, or misrepresented, by +eighty and more politicians, nominated in the main by Mr. Parnell. No +one supposes for a moment that the Nationalist leaders who appeared +before and were condemned by the Special Commission are fair samples of +the Irish people. They are, take them at their best, reckless agitators. +They were chosen by their patron, Mr. Parnell, not on account of their +worth or talent, but because they were apt instruments for carrying out +a policy of parliamentary intrigue, reinforced by a system of lawless +oppression.[37] These men are the product of a revolutionary era; they +no more represent the virtues and the genius of the Irish people than +the demagogues or fanatics of the Jacobin Club represented the genius +and the virtues of the French nation. We all know that Ireland abounds +in citizens of a very different stamp. She has never lacked among her +sons, and does not lack now, men of virtue, of vigour, and of genius. +Throughout the length and breadth of the country you will find hundreds +of men of merit--landlords whose lives have been honourable to +themselves, and a blessing to their tenants; merchants as honest and +successful as any in England or in Scotland; small landowners and tenant +farmers who have paid their rent and paid their way, who have cultivated +their land, who have never insulted or boycotted their neighbours, and +have never been driven by intimidation into meanness and fraud. Add to +these lawyers, thinkers, writers, and scholars, who rival or excel the +best representatives of their class in other parts of the United +Kingdom. These good men and true are not peculiar to any one creed or +party; they are not confined to any one province, or to any one class; +they are scattered through every part of the land; they are the true +backbone of Ireland; they have saved her from utter ruin; they may still +by their energy raise her to prosperity. But they have been thrust out +of politics by the talkers, the adventurers, the conspirators. It is +possible that if Home Rule compels Irishmen to turn their whole minds +to Irish affairs, the so-called representatives who misrepresent their +country may be dismissed from the world of politics, and the Parliament +at Dublin be filled with members who, whether they come from the North +or from the South, whether Unionists or Home Rulers, whether Roman +Catholics or Protestants, whether landowners, tenant farmers, ministers +of religion, merchants, or tradesmen, represent the real worth and +strength of the country. If this should happen, Home Rule would still +entail great evils on the whole United Kingdom. But even zealous +Unionists might hope that for these evils Ireland at least will obtain +some compensation. This hope, if the Irish members are retained at +Westminster, will never be fulfilled. + +For even the occasional presence[38]--which will in practice be the +frequent presence--of the Irish members at Westminster destroys every +hope that Ireland will be governed by her best citizens. The reasons why +this is so are various; some of them may be shortly stated. The system, +in the first place, of double representation, under which members of the +Irish Parliament must flit to and fro between Ireland and England, and +debate one day about Irish matters in Dublin, and the next about +Imperial, or in truth British, matters in England, makes it impossible +for quiet hard-working Irishmen, who carry on the real business of +Ireland, to take part in politics. The political centre of interest, in +the second place, will after, as before, the passing of the Home Rule +Bill, be placed in London and not in Dublin. The humdrum local business +which under a system of Home Rule ought to be discussed in the Irish +Parliament, may vitally concern the prosperity of every inhabitant of +Ireland, but it will not in general lend itself to oratory, or arouse +popular excitement. The questions, on the other hand, to be discussed in +the Imperial Parliament at Westminster, as, for example, whether Mr. +Gladstone or Lord Salisbury shall be head of the British Cabinet, +whether the royal veto on Irish legislation shall be exercised on the +advice of the English or of the Irish Ministry, are matters which do not +in reality greatly affect the happiness of ordinary Irishmen. But they +give room for management, for diplomacy, for rhetoric, and are certain +on occasions to arouse both the interest and the passions of the Irish +people. We may take it for granted that the character of the Irish +representation at Westminster will govern the character of the +Parliament at Dublin.[39] Hence arises a third and fatal obstacle to the +active participation in Irish public life of Irishmen who are not +professional politicians. The Home Rule Bill of 1893 professes to +restrain on every side the action of the Irish government and +Parliament. These Restrictions are the comfort of English Gladstonians; +they are thought to be safeguards, though in reality there is nothing +which they make safe. But Restrictions which delight Gladstonians are +hateful to Irish Home Rulers. Their watchword is, 'Ireland a nation.' To +this cry every Home Ruler will rally, and so too will, if once the +Union is broken up, many an ardent loyalist, converted by anger at +England's treachery into an extreme Nationalist. Irishmen will wish for +an Irish army; they will wish for a protective policy; they will desire +that Ireland shall play a part in foreign affairs, and will claim for +her at least the independence of such a colony as New Zealand. To all +these wishes, and to many more, some of which under a system of Home +Rule are quite reasonable, the terms of the Home Rule Bill are opposed. +Home Rulers, and probably enough the whole Irish people, will insist +that the Bill, which will then have become an Act, must be modified. How +is the modification to be obtained? How is Home Rule to be made a +reality? By one method only: that is, by the freest use of those arts Of +intrigue and obstruction by which Home Rule will have been gained. But +for the carrying out of such a policy the agitators and intriguers who +for the last twenty years have weakened and degraded the Imperial +Parliament are the proper agents. For this work they, and they alone, +are fit. The quiet, industrious, stay-at-home merchants or lawyers, who +might be sent to Dublin for a month or two in the year to manage Irish +business on business-like principles, will not be sent to Westminster to +hold the balance between English parties. They cannot leave their +every-day work; were they willing to forsake their own business, they +are not the men to conduct with success the parliamentary game of brag, +obstruction, and finesse. Keep, in short, the Irish members at +Westminster, and you ensure the supremacy in Ireland of professional +politicians. By a curious fatality the Gladstonian policy which weakens +England ruins Ireland. Let no one fancy that this is the delusion of an +English Unionist. Sir Gavan Duffy is an Irish Nationalist of a far +higher type than the men who have drawn money from the Clan-na-Gael. In +'48 he was a rebel, but if he was disloyal to England, he was always +careful of the honour and character of Ireland. He, at least, perceives +the danger to his country of retaining Irish members in a Parliament +where they had ceased to have any proper place. 'For my own part,' he +says, 'I should not care if they did not attend [the Imperial +Parliament] for a generation, which will be needed for the manipulation +of their own affairs.' + +All this, I shall be told, is prophecy; Gladstonian hopes are as +reasonable as Unionist fears. So be it. But in this matter my +predictions have a special claim on the attention of the Ministry, they +coincide with the forecast, or the foresight, of the present[40] Chief +Secretary for Ireland. + +'Let us suppose that these Irish representatives for Imperial purposes +are not chosen by the legislative body, but are chosen directly by Irish +constituencies. You have already, according to our plan, two sets of +constituencies. You have the 103 constituencies that return the popular +branch of the legislative body, and you have those other constituencies +up to seventy-five which return the elective members of the other branch +of the legislative body. You have, therefore, got already on our plan +two sets of constituencies. Now, if you are going to send members to +Westminster for Imperial purposes to the number of forty-five or to the +number of ninety-five, you must mark out a third set of +constituencies--you must have a third set of elections. A system of that +kind does not strike me at least as being exactly the thing for a +country of which we are assured that before everything else its prime +want is a profound respite from political turmoil. There are plenty of +other objections from the Irish point of view, which I am not now going +to dwell upon. Depend upon it that an Irish Legislature will not be up +to the magnitude of the enormous business that is going to be cast upon +it unless you leave all the brains that Irish public men have got to do +Irish work in Ireland. Depend upon this, too, that if you have one set +of Irish members in London it is a moral certainty that disturbing +rivalries, disturbing intrigues would spring up, and that the natural +and wholesome play of forces and parties and leaders in the Irish +Assembly would be complicated and confused and thrown out of gear by the +separate representatives of the country. All this is bad enough.'[41] + +These are the words of my friend Mr. Morley.[42] They were spoken at +Newcastle on April 21, 1886. He was then, as now, responsible for the +government of Ireland. Nothing can add to their gravity; nothing can add +to their force; they were true in 1886, they remain as true to-day as +they were seven years ago.[43] + +As to England.--The presence of the Irish members at Westminster is on +the face of it a gross and patent injustice to Great Britain. It is +absurd, it is monstrous, that while the Irish Parliament and the Irish +Parliament alone settle whether Mr. Healy, Mr. M'Carthy, Mr. Redmond, or +Mr. Davitt is to be head of the Irish government, and England, though +vitally interested in the character of the Irish Executive, is not to +say a word in the matter, eighty Irishmen are to help in determining, +and are often actually to determine, whether Lord Salisbury or Mr. +Gladstone, Mr. Balfour or Mr. Chamberlain, is to be Prime Minister and +direct the policy of England. Here again 1 can rely on the invaluable +aid of Mr. Morley. He has denounced the effect on England of retaining +Irish members at Westminster with a strength of language and a weight of +authority to which it is impossible for me to make any pretension. + +'But there is a word to be said about the effect on our own Parliament, +and I think the effect of such an arrangement--and I cannot help +thinking so till I hear of better arrangements--upon our own Parliament +would be worse still. It is very easy to talk about reducing the number +of the Irish members; perhaps it would not be so easy to do. It is very +easy to talk about letting them take part in some questions and not in +others, but it will be very difficult when you come to draw the line in +theory between the questions in which they shall take a part and those +in which they shall not take a part. But I do not care what precautions +you take; I do not care where you draw the line in theory; but you may +depend upon it--I predict--that there is no power on the earth that can +prevent the Irish members in such circumstances from being in the future +Parliament what they were in the past, and what to some extent they are +in the present, the arbiters and the masters of English policy, of +English legislative business, and of the rise and fall of British +Administrations. You will have weakened by the withdrawal of able men +the Legislature of Dublin, and you will have demoralized the Legislature +at Westminster. We know very well what that demoralisation means, for I +beg you to mark attentively the use to which the Irish members would +inevitably put their votes--inevitably and naturally. Those who make +most of the retention of the Irish members at Westminster are also those +who make most of there being what they call a real and effective and a +freely and constantly exercised veto at Westminster upon the doings at +Dublin. You see the position. A legislative body in Dublin passes a +Bill. The idea is that that Bill is to lie upon the table of the two +Houses of Parliament in London for forty days--forty days in the +wilderness. What does that mean? It means this, that every question that +had been fought out in Ireland would be fought out over again by the +Irish members in our Parliament. It means that the House of Lords here +would throw out pretty nearly every Bill that was passed at Dublin. What +would be the result of that? You would have the present block of our +business. You would have all the present irritation and exasperation. +English work would not be done; Irish feeling would not be conciliated, +but would be exasperated. The whole efforts of the Irish members would +be devoted to throwing their weight--I do not blame them for this--first +to one party and then to another until they had compelled the removal of +these provoking barriers, restrictions, and limitations which ought +never to have been set up. I cannot think, for my part I cannot see, how +an arrangement of that sort promises well either for the condition of +Ireland or for our Parliament. If anybody, in my opinion, were to move +an amendment to our Bill in the House of Commons in such a direction as +this, with all these consequences foreseen, I do not believe such an +amendment would find twenty supporters.'[44] + +This was the opinion of Mr. John Morley in 1886. A word in it here or +there is inapplicable to the details of the present Bill; but in +principle every syllable cited by me from his Newcastle address forms +part of the Unionist argument against summoning as much as a single +Irish member to Westminster. His language is admirable, it cannot be +improved. All that any one who agrees with Mr. Morley can do in order to +force his argument home is to point out in a summary manner the ways in +which the Irish delegation at Westminster will enfeeble the Imperial +Government. + +_First_. The Irish members, or rather the Irish delegation, will have a +voice and often a decisive voice in determining who are the men that +shall constitute the English Cabinet; on the Irish vote will depend +whether Conservatives, Liberals, Radicals, or Socialists shall +administer the government of England. It is vain to tell us Irish +members will be restrained, whether by law or custom, from voting on +British affairs when they will vote on the most important of all British +affairs, the composition and the character of the body which is to +govern England. + +That the Irish members will thus vote on a matter of special and vital +importance to England is admitted. But things stand far worse than this. +The vote of the Irish delegation will and must be swayed by an interest +adverse to the welfare of Great Britain; for the interest of Great +Britain, or, to use ordinary language of England, is that the English +Government should be strong, and should represent the majority of the +English or British electors. The direct interest of the Irish delegation +is that the English Government should be weak, and represent the +minority of English electors. That this is so is obvious. The weaker the +British Government, the greater the weight of the Irish representatives. +But if the English Cabinet represents a minority of the British people, +and are kept in office only by the votes of their Irish allies, then the +influence of the Irish representatives and the weakness of the English +Government will have reached its extreme point. The effect therefore of +the arrangement which brings Irish members to Westminster is to place +the administration of English affairs in the hands of the party, +whichever it be, that does not represent the wishes of the English +people. This master stroke of Gladstonian astuteness ensures that +Radicals shall be in office when the opinion of England is Conservative, +and that Conservatives shall be in power when English opinion tends +towards Radicalism. + +_Secondly_. The retention of the Irish members breaks up our whole +system of Cabinet government. This system has some inherent defects, but +it cannot work at all with any benefit to the country unless the Cabinet +can depend on the support of a permanent majority. The result of what +has happily been described as the 'in-and-out plan,' that is the scheme +for allowing Irish members to vote on some subjects and not on others, +will be the constitution of two majorities, and it is more than possible +that the one majority may belong to one party and the other majority to +another. Look at the effect on the transaction of public affairs. The +Irish members and the English Liberals combined may put in office a +Liberal Cabinet. On English matters, _e.g._ the question of +Disestablishment, or of Home Rule for Wales, the British majority +consisting of British members of Parliament only may constantly defeat +the Gladstonian Cabinet, and thus force into office a Conservative +Cabinet which could command a majority on all subjects of purely British +interest, but would always be in a minority on all matters of Imperial +policy, _e.g._ on the conduct of foreign affairs. Which Cabinet would +have a right to retain power? The sole answer is--neither. The proposed +plan, in short, undermines our whole scheme of government. + +_Thirdly_. The Irish members who are now simply Irish members of the +Imperial Parliament will be transformed into a very different thing--an +Irish delegation. The importance of this change cannot be over-rated. +The essential merit of our present system of government is that the +Executive, no less than the Parliament of the United Kingdom, represents +the country as a whole. Our Premier may be a Scotsman, but we know of no +such thing as a Scottish Premier. Englishmen may form the majority of +the Cabinet, but we have never had an English Cabinet as contrasted with +a Scottish or an Irish Cabinet. It has never been contended, hardly has +it been hinted, that a Ministry ought to be made up of members taken in +certain proportions from each division of the kingdom. But from the +moment that sectional representation, and with it open advocacy of +sectional interests, is introduced into the House of Commons, there will +arise the necessity for the formation of sectional Cabinets. + +The demand will be made, and the demand will be granted, that in the +administration no less than in the House there shall be a system of +representation; that England, that Scotland, that Ireland shall each +have their due share in the Ministry. But this state of things must be +fatal both to the capacity and to the fairness of the government. The +talent of the Cabinet will be diminished, because the Prime Minister +will no longer be able to choose as colleagues the ablest among his +supporters without reference to the now irrelevant question whether they +represent English, Scottish, or Irish constituencies. The character of +the Executive will be lowered because the Cabinet itself will represent +rival interests. It may seem that I am advocating the special claims of +England. This is not so. I am arguing on behalf of the efficiency of the +government of the United Kingdom. My argument is one to which Scotsmen +and Irishmen should give special heed. If once we have cabinets and +parties based upon sectional divisions, if we have English ministries +and English parties as opposed to Scottish ministries or Irish +ministries, and Scottish parties and Irish parties, it is not in the +long run the most powerful and wealthy portion of what is now the United +Kingdom which will suffer. It is hardly the interest of Scotsmen or +Irishmen to pursue a policy which suggests the odious but inevitable cry +'England for Englishmen.' + +_Fourthly_, as long as Irish members remain at Westminster the English +Parliament will never be freed from debates about Irish affairs. + +This is a point there is no need to labour. Unless (what no honest man +can openly propose) the 80 or 103 members from Ireland are to be taken +from one Irish party only, they must represent different interests and +different opinions. Some few at least will represent the wishes, the +complaints, or the wrongs of Ulster. But if this be so, it is certain +that the controversies which divide Ireland will make themselves heard +at Westminster. Can any sane man fancy that if the Dublin Parliament +passes an Act for the maintenance of order at Belfast, if the people of +Belfast are suspected of intending to resist the Irish government, if +Irish landlords, rightly or not, fear unfair treatment at the hands of +the Irish Ministry or the Irish Parliament, none of these things will be +heard of at Westminster? The supposition is incredible. Let Irish +members sit at Westminster and Irish affairs will be debated at +Westminster, and will often be debated when, under a system of Home +Rule, it were much better they should be passed over in silence. Admit, +what is not certain, that Home Rule in Ireland will occasionally +withdraw a few Irish questions from discussion in England, it must be +remembered that a new crop of Irish questions will arise. The federal +character of the new constitution must produce in one form or another +disputes and discussions as to the limits which bound the respective +authority of the Imperial and of the Irish Governments. The Imperial +Parliament will, for the first time, be harassed by the question of +State rights. Add to this that at every great political crisis the House +of Commons will have before it an inquiry which must produce +interminable debates, namely whether a given bill is or is not a measure +which concerns only the interest of Great Britain. + +Two inducements are offered to England for the adoption of a plan the +evils whereof were so patent in 1886 that it then could not, if we are +to believe Mr. Morley,[45] have commanded twenty supporters in the House +of Commons. + +The first inducement is that the presence of eighty Irish members at +Westminster is an outward and visible sign of the supremacy of the +Imperial Parliament.[46] On this point it is needless to say much; few +Englishmen will on consideration think it worth while to dislocate all +our system of government in order that the British Parliament may retain +in Ireland the kind of sovereignty which it retains in New Zealand. We +are rightly proud of our connection with our colonies, but no one would +seriously propose to retain nominal sovereignty in Canada at the price +of a perilous and injurious change in the constitution of England. + +The second inducement is that Great Britain will be allowed the +exclusive management of British affairs. + +This sort of spurious Home Rule for England turns out however to be as +illusory a blessing as the maintenance of parliamentary supremacy. + +Great Britain is, under the new constitution, not allowed to appoint the +British Cabinet. Great Britain is forbidden to determine for herself any +matter of legislation or administration which, however deeply it +concerns British interests, trenches in the least degree on any Irish or +Imperial interest. Any matter of finance, which comes within the wide +head of Imperial liabilities, expenditure, and miscellaneous +revenue,[47] falls within the competence of the Irish members. Questions +of peace or war, our foreign relations, every diplomatic transaction, is +a matter on which the Irish delegation may pronounce a decision. The +conjecture is at least plausible[48] that Irish members will have a +right to discuss and vote upon any subject debated in the Parliament at +Westminster which involves the fate of a British Cabinet. Let it be +granted that, if the provisions of the Home Rule Bill be observed, no +Irish representative can vote 'on any Bill, or motion in relation +thereto, the operation of which Bill or motion is confined to Great +Britain.'[49] But then when is the operation of a Bill confined to Great +Britain, or, to use popular language, what is a British Bill? This is an +inquiry in the decision whereof the Irish members will take part. The +Irish members, therefore, at Westminster will be judges of their own +rights, and in the only cases in which it is of practical importance to +Great Britain that the Irish representatives should not vote, will be +able with the aid of a British minority to fix the limits of their own +jurisdiction.[50] Let the Irish members and a British minority boldly +vote that the operation of a Bill, say for the Disestablishment of the +English Church, is not confined to Great Britain, and they can boldly +vote that the Bill do pass, and no Court in Great Britain or the British +Empire can question the validity of a law enacted in open defiance of +the spirit or even the words of the Constitution.[51] The right of +British members to the management of even exclusively British affairs +will depend not upon the law of the land, but upon the moderation and +sense of equity which may restrain the unfairness of partisanship. + +For a parliamentary minority will, if only it throw scruples to the +winds, be constantly able to transform itself into a majority by the +unconstitutional admission of the Irish vote. This is not a power which +any party, be it Conservative or Radical, English, Scottish, or Irish, +ought to possess. Partisanship knows nothing of moderation. And the +reason of this blindness to the claims of justice is that the spirit of +party combines within itself some of the best and some of the worst of +human passions. It often unites the self-sacrificing zealotry of +religious fanaticism with the recklessness of the gambling table. Let an +assailant of the Contagious Diseases Act, a fanatic for temperance, a +protectionist who believes that free trade is the ruin of the country, +an anti-vivisectionist who holds that any painful experiment on live +animals is the most heinous of sins; let any man who has come to believe +that his own credit, no less than the salvation of the country, depends +on the success of a particular party, know that the triumph of his cause +depends upon his voting that a particular measure operates beyond Great +Britain, and we know well enough in which way he will vote. He will vote +what he knows to be untrue rather than sacrifice a cause which he +believes to be sacred. He will think himself both a fool and a traitor +if he sacrifices the victory which is within his grasp to the +maintenance of technical legality, or rather to respect for a rule of +constitutional procedure. + +Suppose, however, that I have underrated the equity of human nature, and +that no faction in the House of Commons ever attempts to violate the +spirit of the Constitution. The supposition is bold, not to say absurd; +but even if its reasonableness be granted, this does not suffice for the +protection of England's rights. The question whether a given Bill does +or does not operate exclusively in Great Britain may often give rise to +fair dispute, and (what should be noted) this dispute will always be +decided against Great Britain in the only instances in which its +decision is to Great Britain of any importance whatever. An example best +shows my meaning. Let a Bill be brought forward for establishing Home +Rule in Wales. Is the operation of the Bill confined to Great Britain? +An English member, unless he is a Home Ruler, will answer with an +undoubted affirmative. An English, or Irish, or Welsh Home Ruler will +with equal certainty, and equal honesty, give a negative answer. The +question admits of fair debate, but we know already how the debate will +be decided. If the Unionists constitute a majority of the House, the +Irish vote will be excluded. But in this case its exclusion is of no +practical importance. If the Unionists constitute indeed a majority of +British representatives, but do not constitute a majority of the House, +the Irish vote will be included. The Irish representatives will decide +whether Wales shall constitute a separate State, and the right of Great +Britain to manage British affairs will not prevent the dismemberment of +England. Home Rule, such as it is for England, means at best a totally +different thing from Home Rule for Ireland. In the case of England it +means a limited and precarious control of legislation for Great Britain +by British members of Parliament. In the case of Ireland it means the +real and substantial and exclusive government of Ireland by an Irish +Ministry and an Irish Parliament. + +But will the advantage of even this modified half-and-half Home Rule be +really offered to England? + +Gladstonians, it is rumoured (and before these pages are in print the +rumour may turn out to be a fact), have their own remedy for some of the +only too-patent absurdities of the 'in-and-out system' embodied in +clause 9 of the Home Rule Bill. A suggestion is made which would be +amusing for its irony, were it not revolting for its cynicism, that the +difficulty of the double majority should be removed by the allowing +members not only to remain at Westminster in their full number, but also +to vote there on all matters whatever, including those affairs which +exclusively concern the interests of Great Britain. This is no doubt a +remedy for some of the evils of an unworkable proposal. It is a cure +which to any Englishman of sense or spirit will seem tenfold worse than +the disease. It is a cure in that sense only in which a traveller may be +said to be relieved from the fear of robbery by a highwayman shooting +him dead. The irregular interference of the Irish delegation in the +formation of the British Cabinet, and other matters which indirectly +concern England, is to be regularised (if I may use the term) by +allowing to Irish members permanent despotism over England in matters +which, on a system of Home Rule, concern England alone. Irish members +may disestablish the Church of England, though England is to have no +voice in the pettiest of Irish affairs. Irish members are to be allowed +to impose taxes on England, say to double the income tax, though of +these taxes no inhabitant of Ireland will pay a penny; the Irish +delegation--and this is the worst grievance of all--is to be enabled, in +combination with a British minority, to detach Wales from England, or to +vote Home Rule for Scotland, or to federalise still further the United +Kingdom by voting that Man, Jersey, and Guernsey shall send members to +the Imperial Parliament. Note that all this may be done by the Irish +delegation, though, under the new Constitution, England will not have a +word to say on such questions as whether the right of electing members +for the Parliament at Dublin shall or shall not be extended to every +adult, or whether Ulster shall, or shall not, be allowed Home Rule of +its own. The absurdity of this policy ought to prevent its ever being +adopted; but in these days absurdity seems to tell as little against +wild schemes of legislation as their injustice. + +All this consideration of haggling and trafficking between Great Britain +and Ireland is loathsome to every true Unionist who considers Englishmen +and Irishmen as still citizens of one nation. But, when Gladstonians +propose to divide the United Kingdom into two States, it is as essential +as it is painful to weigh well what is the gain of Great Britain in the +new scheme of political partnership. If the matter be looked at from +this point of view, it is easy to see how miserable are the offers +tendered to England. Compare for a moment the authority to be given her +under the new constitution with the authority she has hitherto +possessed or the authority tendered to her under the Home Rule Bill of +1886. + +Up to 1782 the British Parliament held in its own hands the absolute +control not only of every British affair, but every matter of policy +affecting either Ireland or the British Empire. The British Parliament, +in which sat not a single representative of any Irish county or borough, +appointed the Irish Executive. The British Parliament, whenever it +thought fit, legislated for Ireland; the British Parliament controlled +the whole course of Irish legislation; every Act which passed the +Parliament of Ireland was inspected, amended, and, if the English +Ministry saw fit, vetoed in England. The system was a bad system and an +unjust system. It is well that it ended. But as regarded the control of +the British Empire it corresponded roughly with facts. The Empire was in +the main the outcome of British energy and British strength, and the +British Empire was governed by Great Britain. + +The constitution of 1782 gave legislative independence to Ireland, but +did not degrade the British Parliament to the position which will be +occupied by the Imperial Parliament under the constitution of 1893. The +British Parliament remained supreme in Great Britain; the British +Parliament controlled the Imperial policy both of England and of +Ireland. The British Parliament, or rather the British Ministry, +virtually appointed the Irish Executive. The British Parliament +renounced all rights to legislate for Ireland[52]; the British +Parliament technically possessed no representatives in the Parliament +at Dublin. But any one who judges of institutions not by words but by +facts will perceive that in one way or another the influence and the +wishes of the British Government were represented more than sufficiently +in the Irish Houses of Parliament. Grattan's constitution, in short, +left the British Parliament absolutely supreme in all British and +Imperial affairs, and gave to the British Ministry predominating weight +in the government of Ireland. This is a very different thing from the +shadowy sovereignty which the English Parliament retains, but abstains +from exercising, in our self-governing colonies. It is a very different +thing from the nominal power to legislate for Ireland which the new +constitution confers upon the Imperial Parliament. + +Since the Union England and Ireland have been politically one nation. +The Imperial or British Government has controlled, and the Imperial +Parliament has passed laws for, the whole country. Nor has the presence +of the Irish members till recent days substantially limited the +authority of Great Britain. Till 1829 the Protestant landlords of +Ireland who were represented in the Imperial Parliament shared the +principles or the prejudices of English landowners. Since the granting +of Catholic emancipation Roman Catholic or Irish ideas or interests have +undoubtedly perplexed or encumbered the working of British politics. +But the representatives of Ireland have been for the most part divided +between the two great English parties, and it was not till Mr. Parnell's +influence united the majority of Irish representatives into a party +hostile to Great Britain that any essential evil or inconvenience +resulted from their presence at Westminster. This inconvenience, +whatever its extent, has been the price of the Union. The gain has been +worth the payment: the action of Parliament has been hampered, but its +essential and effective authority throughout the realm has been +maintained. + +In 1886 Mr. Gladstone framed a constitution which was meant to be a +final and a just settlement of the questions at issue between England +and Ireland. Under the constitution of 1886 Great Britain surrendered to +Ireland about the same amount of independence as is offered her under +the proposed constitution of 1893. But the difference in the position of +Great Britain under the two constitutions is immense. + +Under the constitution of 1886 Great Britain was offered a position of +the highest authority. + +To the British Parliament (in which was to sit not a single Irish +member) was to fall the appointment of the British or Imperial Ministry. +The British Parliament received absolute control of all British, +colonial, Imperial, and foreign affairs. Perfect unity was restored to +the spirit of her government, and predominance in the British, or, to +use ordinary language, in the English, Parliament was given to the +conservative elements of English society. Great Britain became mistress +in her own home; she became much more than this; she was enthroned as +undisputed sovereign of the British Empire.[53] + +Under the constitution, in short, of 1886, if Great Britain was weakened +on one side she was strengthened on another. Her Parliament obtained an +immense accession of authority, and was all but entirely freed both from +the necessity for considering Irish questions and from the damage of +Irish obstruction. Ireland surrendered to England all share in the +government of the Empire, and the further dismemberment of Great Britain +without the assent of the British people became difficult, if not +impossible. It does not lie in the mouth of Gladstonians to say that the +measure of 1886 was unjust. It was laid before the country as a +compromise which was just to England and to Ireland. The Irish leaders, +we were told, accepted the proposal, just as we are told that they +accept the proposed constitution of 1893. If the acceptance was honest, +then in 1886 they agreed to a bargain far more favourable to England +than the contract now pressed on our acceptance. If their acquiescence +was a mere pretence, what trust can we place in the assertion that they +accept the arrangement of 1893? + +However this may be, it is clear that England is now offered a position +of weakness and of inferiority such as she has never occupied during the +whole course of her history. What is the meaning or justification of the +proposed surrender by England of every compensation for Irish Home Rule +which was offered her in 1886? + +For this surrender Gladstonians assign but two reasons. + +The presence of the Irish members at Westminster is, it is said, a +concession to the wishes of Unionists. + +This plea, even were it supported by the facts of the case, would be +futile. It might pass muster with disputants in search of a verbal +triumph, but to any man seriously concerned for the welfare of the +nation must appear childishly irrelevant. The welfare of the State +cannot turn upon the neatness of a _tu quoque_; retorts are not reasons, +and had every Unionist, down from the Duke of Devonshire to the present +writer, pressed in 1886 for the retention of the Irish members at +Westminster, the controversial inexpertness of the Unionists seven years +ago would not diminish the dangers with which, under a system of Home +Rule, the presence of the Irish members at Westminster actually +threatens England. But the plea, futile as it is, is not supported by +fact. It rests on a misrepresentation of the Unionist position in 1886. + +'The case in truth stands thus:--Mr. Gladstone was [in 1886] placed in +effect in this dilemma: "If you do not," said his opponents, "retain the +Irish representatives at Westminster, the sovereignty of the British +Parliament will be, under the terms of your Bill, no more than a name; +if you do retain them, Great Britain will lose the only material +advantage offered her in exchange for the local independence of +Ireland." Gladstonians, in substance, replied that the devices embodied +in the Government of Ireland Bill at once freed the British Parliament +from the presence of the Parnellites and safeguarded the sovereignty of +the British, or (for in this matter there was some confusion) of the +Imperial Parliament. On the latter point issue was joined. The other +horn of the dilemma fell out of sight, and some Unionists, rightly +believing that the Bill as it stood did not preserve the supremacy of +the British Parliament, pressed the Ministry hard with all the +difficulties involved in the removal of the Irish members. In the heat +of debate speeches were, I doubt not, delivered in which the argument +that you could not, as the Bill stood, remove the Irish members from +Westminster and keep the British Parliament supreme in Ireland, was +driven so far as to sound like an argument in favour of, at all costs, +allowing members from Ireland to sit in the English Parliament. Those +who appeared to fall into this error were, it must be noted, but a +fraction of the Unionist Party, and their mistake was little more than +verbal. When the Ministry maintained that the removal of the Irish +members from Westminster was a main feature of their Home Rule policy, +opponents naturally insisted upon the defects of the scheme laid before +them, and did not insist on the equal or greater defects of a plan which +the Government did not advocate. Mr. Gladstone, we are now told, has +changed his position, and assents to the principle that Ireland must be +represented in the British Parliament. If this assent be represented as +a concession to the demands of Unionists, my reply is that it is no such +thing. It is merely the acceptance of a different horn of an +argumentative dilemma. Grant for the sake of argument (what is by no +means certain) that the supremacy of the Imperial Parliament is really +saved. The advantage offered to England in exchange for Home Rule is +assuredly gone. My friend, Mr. John Morley, used to argue in favour of +Home Rule from the necessity of freeing the English Parliament from +Parnellite obstruction. As a matter of curiosity, I should like to know +what he thinks of a concession which strikes his strongest argumentative +weapon out of his hands. My curiosity will be satisfied on the same day +which tells us Lord Spencer's reflections on the surrender of the policy +represented by the Land Purchase Bill. Meanwhile, I know well enough the +thoughts of every Unionist who is not tied by the exigencies of his +political antecedents or utterances. To say that in the eyes of such a +man the proposed concession is worthless, is to say far too little. It +is not a concession which he rates at a low price; it is a proposal +which he heart and soul condemns.'[54] + +These words were not written to meet the present condition of the +controversy; they were published in 1887 at a time when no Gladstonian, +except Mr. Gladstone (if indeed he were an exception), knew whether the +retention in the Parliament at Westminster, or the exclusion from the +Parliament at Westminster, of the Irish members, was an essential +principle of Home Rule. + +England again, it is alleged, suffers without murmuring all the +inconvenience caused by the Irish vote at Westminster; and she may well, +under a system of Home Rule, bear without complaint evils which she has +tolerated for near a century. + +The answer to this reasoning is plain. It is a sorry plea indeed for a +desperate innovation that it leaves the evils of the existing state of +things no worse than they now are. For the sake of the maintenance of +the Union, which Unionists hold of inestimable value, England has borne +the inconvenience caused to her by the Irish vote. It argues simplicity, +or impudence, to urge that England should continue to bear the +inconvenience when the national unity is sacrificed for the sake of +which it was endured. But the reply does not stop here. The presence of +Irish members at Westminster under the new constitution increases and +stereotypes the evils, whatever their extent, now resulting from the +existence of 103 Irish members in the House of Commons. The evils are +increased because the Irish members are turned into a delegation from +the Irish State, and their action ceases to be influenced, as it now is, +by the consideration--a very important one--that the Imperial Parliament +not only in theory but in fact legislates for Ireland, and that the +English Cabinet controls the Irish administration and directs the course +of political promotion in Ireland. The sentiment and the interest of the +Irish members will be changed. Whether they come from North or South +they will be representatives of Ireland, and will naturally and rightly +consider themselves agents bound in every case to make the best bargain +they can for Ireland as against the United Kingdom, or, in plain +language, as against England. They will no longer feel it their interest +to keep in power the English party which they think will best govern +Ireland, for with the government of Ireland the Imperial Parliament +will, as long as the new constitution stands, have no practical concern. +No honest Home Ruler supposes that, if the Home Rule Bill passes into +law, the Imperial Parliament will, even should the tragedy of the +Phoenix Park be repeated in some more terrible form, pass a Crimes Act +for Ireland; to the Irish Government will belong the punishment of Irish +crime. No interest will therefore restrain the Irish delegation from +swaying backwards and forwards between the two English parties, in +order to obtain from the one or the other some momentary advantage, or +some lucrative concession, to the Irish people. Intrigue will be +pardonable, diplomatic finesse will become a duty. This evil no doubt in +some degree exists, but under the present state of things it admits of +diminution. A just redistribution of the franchise will undoubtedly +lessen the number of Ireland's representatives, whilst it will increase +the relative importance, if not the actual numbers, of loyalists in the +representation of Ireland. The gradual settlement of the land question, +as Unionists believe, will further strike at the true root of Irish +discontent, and in removing the true grievance of the Irish tenants will +diminish the strength of the party which depends for its power on the +revolutionary elements in Irish society. But all chance of mitigating +the inconvenience inflicted upon England by the presence of the Irish +members vanishes for ever when they are changed into an Irish +delegation, and are compelled by their position to be the mere +mouthpiece of Ireland's claims against England. + +The alleged reasons for the weakening of England are untenable, and, +were they tenfold stronger than they are, could not remove the flagrant +contradiction between the Gladstonian policy of 1886 and the Gladstonian +policy of 1893. + +But a contradiction which cannot be removed may be explained. + +The withdrawal of the Irish members from Westminster might give Ireland +the chance of obtaining some of the benefits, and compensate England for +some of the evils, of Home Rule. But however this may be, one result it +would produce with certainty; it would dash the Gladstonian party to +pieces. The friends of Disestablishment, the Welsh, or the Scottish, +Home Rulers, the London Socialists, all the revolutionists throughout +the country, know that with the departure of the Irish representatives +from Westminster their own hopes of triumph must be indefinitely +postponed. England is the stronghold of British conservatism, and an +arrangement which leaves the fate of England in the hands of Englishmen +may be favourable to reform, but is fatal to revolution. Has this fact +arrested the attention of Gladstonians? I know not. It is an unfortunate +coincidence that the least defensible portion of an indefensible policy +should, while it threatens ruin to England, offer temporary salvation to +the party who rally round Mr. Gladstone.[55] + + +C. _The Powers of the Irish Government_ + +I. _The Irish Executive_. At the head of the Irish Executive will +nominally stand the Lord Lieutenant; he will however in reality occupy +the position of a colonial Governor, and be, for most purposes, little +more than the ornamental figure-head of the Irish Administration. The +real executive government of Ireland[56] must be a parliamentary +Ministry or Cabinet[57] chosen in effect, though not in name, by the +Irish Parliament, or rather by the Irish Legislative Assembly, or House +of Commons, just as the English Cabinet is appointed in effect by the +English House of Commons. Allowing then for the occasional intervention +of the Lord Lieutenant as the representative of the Imperial Parliament +to protect either the interests of the Empire or the special rights of +the United Kingdom,[58] the Irish Ministry is to occupy in Ireland the +position which the New Zealand Ministry occupies in New Zealand, and +will for most purposes as truly govern Ireland as the New Zealand +Ministry governs New Zealand, or as Mr. Gladstone's Ministry governs +England. The Irish Ministry will be the true Government of Ireland. + +This is a fact to which the attention of the English public ought to be +sedulously directed. The creation of an independent Irish Parliament +strikes the imagination; it is seen to be an innovation of primary +importance. The creation of an independent Irish Cabinet or Ministry is +taken as a matter of course, and neither Unionists nor Gladstonians see +its full import. Yet in Ireland, as elsewhere, the character of the +Executive is of more practical consequence than the character of the +Legislature. A country may dispense, for a long time, with legislation; +no country can dispense with good government. + +This principle holds good even in an orderly country such as England, +where the sphere of the administration is far less extended than it is +in most States. We might get on for a good while prosperously enough +without a Parliament, or without new laws, but if anything deprived us +even for a week of an Executive, or if, for any reason, the whole spirit +of the public administration were changed, every Englishman would feel +this portentous revolution in every concern of his daily life. The +protection of the Government, of the army, of the police, of the law +courts, are with us so much matters of course, that we never realise how +much the comfort and prosperity of our existence hang upon it, nor do we +reflect that the aid we derive from the Courts is in the last instance +dependent upon the decisions of the judges being actively supported by +the forces at the command of the executive power. Again, we are so used +to the preservation on the part of the Executive and the Courts of an +attitude of perfect impartiality and to the extension of their aid to +all citizens alike, that we can hardly even in imagination conceive what +would be the condition of things if the public administration favoured +particular classes and looked askance on the rights of one class, whilst +it enforced with rigour the rights of another. Yet events which have +been passing before our eyes may show any one how absolutely dependent +we may be, at any moment, for our enjoyment of life, property, or +freedom upon the authority and the equity of the Executive. Consider the +strike at Hull. Practically the legal rights and personal freedom of +every inhabitant of the city depend upon the action of the Government. +It is as plain as day that if the Government had taken actively and +unfairly the side of one party or the other to the contest, the party +which the Government favoured would at once have won. Suppose, though +the supposition is a very improbable one, that the Home Secretary had +directed the police to put down every form of picketing and to arrest +every one who counselled the free labourers to desert their employment, +the strike would come at once to an end. Suppose on the other hand--the +supposition is also a wild one--that the Home Secretary had declined to +protect the rights of the free labourers, that the troops had been +withdrawn, and that the police had been inactive; suppose, in short, +that the Government had been careless to maintain order. The Trade +Unionists would at once have become supreme, and freedom of contract, as +well as liberty of person, would have been at once abolished. Even in +England then the power to exercise our rights as citizens has its source +in the constant, though unobserved, intervention of the executive power. +What is true of England is truer still of countries where the sphere of +the administration is more widely extended than with us, and what is +true of every civilised country is truest of all of Ireland. Ireland is +a country where the sphere of the administration is large, and where it +will probably be increased. Ireland is divided by hostile factions not +too much prone to respect the law. Even as things stand, the Irish +Executive finds it hard enough to hold a perfectly even and level +course, and the whole state of the country depends upon the spirit in +which the law is enforced. One of the very gravest defects of our +present system is that in Ireland a change of government means, to a +certain extent, a change in the administration of the law. Yet both Mr. +Balfour and Mr. Morley have enforced the law, and have meant, according +to their lights, to act towards all citizens with equitable +impartiality. And Mr. Balfour, Mr. Morley, or any statesman appointed by +the Imperial Parliament, is likely to act with more fairness than at the +present moment would any Executive chosen by any Irish Parliament. One +thing, at any rate, is certain. An independent Irish Executive will +possess immense power. It will be able by mere administrative action or +inaction, without passing a single law which infringes any Restriction +to be imposed by the Irish Government Act, 1893, to effect a revolution. +Let us consider for a moment a few of the things which the Irish Cabinet +might do if it chose. It might confine all political, administrative, or +judicial appointments to Nationalists, and thus exclude Loyalists from +all positions of public trust. It might place the Bench,[59] the +magistracy, the police wholly in the hands of Catholics; it might, by +encouragement of athletic clubs where the Catholic population were +trained to the use of arms, combined with the rigorous suppression of +every Protestant association suspected, rightly or not, of preparing +resistance to the Parliament at Dublin, bring about the arming of +Catholic and the disarming of Protestant Ireland, and, at the same time, +raise a force as formidable to England as an openly enrolled Irish army. +But the mere inaction of the Executive might in many spheres produce +greater results than active unfairness. The refusal of the police for +the enforcement of evictions would abolish rent throughout the country. +And the same result might be attained by a more moderate course. Irish +Ministers might in practice draw a distinction between 'good' landlords +and 'bad' landlords, and might grant the aid of the police for the +collection of reasonable, though refusing it for the collection of +excessive rents, and might at last magnanimously recognise the virtues +of Mr. Smith-Barry, whilst passing a practical sentence of outlawry on +Lord Clanricarde. Is there anything absurd or unreasonable in the +supposition that a Ministry of Land Leaguers chosen by a Parliament of +Nationalists should attempt to enforce the unwritten law of the Land +League? A Gladstonian who answers this question in the affirmative +entertains a far lower opinion than can any candid Unionist of Mr. +Gladstone's Irish allies. It would be the grossest unfairness to suggest +that every man convicted of conspiracy by the Special Commission added +to criminality and recklessness a monstrous form of hypocrisy, and that, +whilst urging Irish peasants to boycott evictors and land-grabbers, he +felt no genuine moral abhorrence of evictions and land-grabbing. But if, +as is certainly the case, the founders of the Land League really +detested the existing system of land tenure, and considered a landlord +who exacted rent a criminal, and a tenant who paid it a caitiff, it is +as certain as anything can be that they will be under the greatest +temptation, not to say, in their own eyes, under a stringent moral +obligation, to strain the power of an Irish Executive for the purpose of +abolishing the payment of rent. Nothing, at any rate, will seem to an +Irish Ministry more desirable than that within three years[60] from the +passing of the Bill landlords and tenants should come to an arrangement, +and nothing is more likely to produce this result than the withdrawal +from the landlords of the aid, if not the protection, of the law. My +argument, however, at the present point does not require the assertion +or the belief that an Irish Ministry will be guilty of every act of +oppression which it can legally commit. All that I insist upon is that +an Irish Ministry will exercise immense power, and that without +violating a letter of the constitution, and without passing a single act +which any Court whatever could treat as void, the Ministry will be able +to change the social condition of Ireland. The Irish Cabinet, remember, +will not be checked by any Irish House of Commons, for it will represent +the majority of that House. It will not need to fear the interposition +of the Imperial Ministry or the Imperial Parliament, for if the +authorities in England are to supervise and correct the conduct of the +Irish Cabinet, Home Rule is at an end. Mr. Asquith has repudiated all +idea of creating two Executives in Ireland[61] for the ordinary purposes +of government, and from his own point of view he is right. The notion of +a dual control is preposterous; the attempt to carry it out must involve +anarchy or revolution. The Irish Ministry must in ordinary matters be at +least as free as the Ministry of a self-governing colony. The +independence of the Irish Executive is indeed a totally new phenomenon +in Irish history, and is, as I have said, a far more important matter +than the independence of the Irish Parliament, but it is an essential +feature of Home Rule, and every elector throughout England should try to +realise its import. + +One check, indeed, is placed upon the power of the Irish Cabinet. The +military forces of the Crown, and the Royal Irish Constabulary and +Dublin Metropolitan Police (as long as they exist[62]), are subject to +the control of the Imperial or English Ministry.[63] The result is that +the English Cabinet will have the means of using force in Ireland for +the maintenance of order, for the execution of the law, or for the +maintenance of the authority of the Imperial Parliament. But this +advantage is after all purchased at the price of placing the country +under the rule of something very like two Executives. If the policy of +the Irish Cabinet, _e.g._ as to suppressing a riot at Dublin or Belfast, +should differ from the policy of the English Cabinet, the ordinary +police may be called into action whilst the army or the royal +constabulary stand by inactive, or the army may disperse a meeting which +the Irish Ministry hold to be a lawful assembly. + +II. _The Irish Parliament._ The authority of the Irish Parliament, +whilst acting within the limits of the constitution, is extremely +wide.[64] + +The Parliament appoints the Irish Government of the day; it will +determine whether Mr. M'Carthy or Mr. Redmond, Mr. Healy or Mr. Davitt, +directs the Irish Administration. In this matter the British Government +will have no voice. The English Ministry are under the new constitution +expected in many ways to co-operate with the Irish Ministry, yet it is +quite conceivable that the Ministers of the Crown at Dublin may be men +whose whole ideas of expediency, of policy, of political morality, may +be opposed to the ideas of the Ministers of the Crown at Westminster. + +The Irish Parliament, again, even if every Restriction on its powers +inserted in the Home Rule Bill should pass into law, will be found to +have ample scope for legislative action.[65] + +It can repeal[66] any Act affecting Ireland which was enacted before the +passing of the Home Rule Bill. Thus it can do away with the right to the +writ of _habeas corpus_; it can abolish the whole system of trial by +jury; it can by wide rules as to the change of venue expose any +inhabitant of Belfast, charged with any offence against the Irish +Government, to the certainty of being tried in Dublin or in Cork. If an +Irish law cannot touch the law of treason or of treason-felony, the +leaders of the Irish Parliament may easily invent new offences not +called by these names, and the Parliament may impose severe penalties on +any one who attempts by act or by speech to bring the Irish Government +into contempt. A new law of sacrilege may be passed which would make +criticism of the Irish priesthood, or attacks on the Roman Catholic +religion, or the public advocacy of Protestantism, practically +impossible. The Irish House of Commons may take the decision of election +petitions into its own hands, and members nominated by the priests may +determine the proper limits of spiritual influence. Thus the party +dominant at Dublin can, if they see fit, abolish all freedom of +election; nor is this all that the Irish Parliament can accomplish in +the way of ensuring the supremacy of an Irish party. After six years +from the passing of the Home Rule Bill--let us say in the year 1900--the +Irish Parliament can alter the qualification of the electors and the +distribution of the members among the constituencies. Parliament can in +fact introduce at once universal suffrage, and do everything which the +ingenuity of partisanship can suggest for diminishing the +representation of property and of Protestantism. If, further, in any +part of Ireland there be reason to fear opposition to the laws of the +Irish Parliament, a severer Coercion Act may be passed than any which +has as yet found its way on to the pages of the English or the Irish +Statute Book. Worse than all this, the Irish Parliament has the right to +legislate with regard to transactions which have taken place before the +passing of the Home Rule Bill. An Act inflicting penalties on +magistrates who have been zealous in the enforcement of the Crimes Act, +an Act abolishing the right to recover debts incurred before 1893, an +Act for compensation to tenants who had suffered from obedience to the +behests of the Land League, are all Acts which, however monstrous, the +Irish Parliament is, under the new constitution, competent to pass. + +My assertion is, be it noted, not that all or any of such laws would be +passed, but that the passing of them would, under the new constitution, +be legal. The Irish Parliament could further by its legislation pursue +lines of policy opposed to the moral feeling and political judgment of +Great Britain, and this too where Irish legislation practically affects +Great Britain. State lotteries might be re-established, gambling tables +might be re-opened at Dublin. If the imposition of protective duties on +imported goods is forbidden, there is nothing apparently to prevent the +reintroduction of Protection into Ireland by the payment of bounties; +there is certainly nothing to prohibit the repeal or suspension of the +Factory Acts, so that English manufacturers might be compelled to +compete with Irish rivals who are freed from the limits imposed upon +excessive labour by the humanity or the wisdom of England. The power of +the Irish Parliament to pass laws which in the eyes of Englishmen are +unwise or inequitable, is, it will be urged, an essential part of the +policy of Home Rule. I admit that this is so. But this makes it the more +necessary that English electors should realise what this essential +characteristic of Home Rule means, or may mean. The Nonconformist +conscience exposed Irish Home Rulers to painful humiliation and possible +ruin by forbidding them to follow the political leader of their choice +to whom they had deliberately renewed their allegiance. Is it certain +that Englishmen who could not tolerate the official authority of Mr. +Parnell will bear the official leadership, say of Mr. Healy, if employed +to carry out the economical principles of Mr. Davitt? + +The legislative powers, ample as they are, of the Irish Parliament are +in some respects restricted, but what the Parliament cannot accomplish +by law it could accomplish by resolution. The expressed opinion of a +legislature entitled to speak in the name of the people of Ireland must +always command attention, and may exert decisive influence. Suppose that +the Irish House of Commons asserts in respectful, but firm, language, +the right of the Irish people to establish a protective tariff; suppose +that when England is engaged in a diplomatic, or an armed, contest with +France, the Irish House of Commons resolves that Ireland sympathises +with France, that Ireland disapproves of all alliance with Germany, that +she has no interest in war, and wishes to stand neutral; or suppose +that, taking another line, the Irish Parliament at the approach of +hostilities resolves that the people of Ireland assert their inherent +right to arm volunteers, or raise an army in their own defence. No +English Minister can allege with truth that these resolutions or a score +more of the same kind are a breach of the constitution; yet such +resolutions will not be without their effect in England; they cannot be +without their effect abroad; in many parts of Ireland they will have +more than the authority of an Act of Parliament. + +Assume, for the purpose of my argument, that the Irish Parliament always +acts absolutely within the limits or the letter of the constitution, +though to make this assumption is to substitute unreasonable hopes for +rational expectations. What Englishmen should note, because they do not +yet understand it, is that within the limits of the constitution the +Irish Cabinet and the Irish Parliament possess and must possess the most +extensive powers, and that these powers may be used in ways which would +surprise and shock the British public, and impede and weaken the action +of the Imperial, or English, Government. + + +D. _The Restrictions (or Safeguards) and the Obligations_ + +I. _Their Nature_. The limitations on the power of the Irish Legislature +are of a twofold character. + +The Restrictions contained in clause 3 of the Bill are intended to +restrain the Irish Parliament from acting as the representative body of +an independent nation. This clause invalidates for example acts with +respect to the Crown or the succession to the Crown, with respect to +peace or war, with respect to the naval or military forces of the realm, +with respect to treaties or other relations with foreign states, and +with respect to trade with any place out of Ireland, which apparently +includes the imposition of a protective tariff. + +The Restrictions[67] contained in clause 4 may be roughly divided into +three heads; first, prohibitions intended to ensure the maintenance of +absolute religious equality[68]; secondly, prohibitions intended to +prevent injustice to individuals, such as deprivation of life, liberty, +or property without due process of law, denial of equal protection of +the law, the taxing of private property without due compensation, or the +unfair treatment of any existing corporation; thirdly, a provision +prohibiting any law which deprives any inhabitant of the United Kingdom +of equal rights to public sea fisheries.[69] + +On these Restrictions it were easy to write an elaborate treatise. +Should our new constitution ever come into force, they will give rise to +a whole series of judgments, and to lengthy books explanatory thereof. +The language in which the Restrictions are expressed is in many cases +exceptionable. No lawyer will venture to predict what for instance may +be the interpretation placed by the Courts on such expressions as 'due +process of law,' 'just compensation,' and the like, and it is more than +doubtful whether the so-called safeguards are so expressed as to carry +out the intention of their authors, or, even in words, adequately to +protect either the authority of the Imperial Parliament or the rights of +individuals. But it is not my purpose to criticise the Restrictions, or +the Bill itself, in detail. The drafting of the Government of Ireland +Bill needs much amendment, but at the present juncture it is waste of +time to criticise defects removable by better draftmanship or by slight +changes in the substance of the measure. My object is to dwell on such +points relating to the Restrictions as show their bearing on the +character of the new constitution.[70] + +_First._ The Restrictions are one and all of them limits upon the +powers of the Irish Parliament; they are none of them limits upon the +powers of the Irish Executive. The new constitution does not +contain--from its nature it hardly could contain--a single safeguard +against abuse of power by the Irish Ministry or its servants. Yet in all +countries there is far more reason to dread executive than parliamentary +oppression, and this is emphatically true of Ireland. + +_Secondly._ The Restrictions contain no prohibition against the passing +of an Act of Indemnity. + +Yet of all the laws which a Legislature can pass an Act of Indemnity is +the most likely to produce injustice. It is on the face of it the +legislation of illegality; the hope of it encourages acts of vigour, but +it also encourages violations of law and of humanity. The tale of +Flogging Fitzgerald in Ireland, or the history of Governor Eyre in +Jamaica, is sufficient to remind us of the deeds of lawlessness and +cruelty which in a period of civil conflict may be inspired by +recklessness or panic, and may be pardoned by the retrospective sympathy +or partisanship of a terror-stricken or vindictive Legislature. +Circumstances no doubt may arise in Ireland, as in other countries, +under which the maintenance of order or the protection of life may +excuse or require deviation from the strict rules of legality. But the +question, whether these circumstances have arisen, will always be +decided far more justly by the Parliament at Westminster than it can be +decided by the Parliament at Dublin. Can any one really maintain that a +Parliament in which Mr. Healy, or, for that matter, Col. Saunderson, +might be leader, would be as fair a tribunal as a Parliament under the +guidance of Mr. Gladstone or Lord Salisbury for determining whether an +officer who, acting under the direction of the Irish Government and with +a view to maintain order at Belfast or at Dublin, should have put an +agitator or conspirator to death without due trial, had or had not done +his duty. + +_Thirdly._ There is among the Restrictions no prohibition against the +passing of an _ex post facto_ law. Yet an _ex post facto_ law is the +instrument which a legislature is most apt to use for punishing the +unpopular use of legal rights. There is not a landlord, there is not a +magistrate, there is not a constable in Ireland, who may not tremble in +fear of _ex post facto_ legislation. There is no reason, as far as the +Home Rule Bill goes, why the gaoler who kept Mr. William O'Brien in +prison or the warders who attempted to pull off his breeches, should not +be rendered legally liable to punishment for their offences against the +unwritten law of Irish sedition. No such monstrosity of legal inequity +will, it may be said, be produced. I admit this. But the very object of +prohibitions is the prevention of outrageous injustice. The wise +founders of the United States prohibited both to Congress and to every +State legislature the passing of _ex post facto_ legislation. If any man +hint that it be an insult to Ireland to anticipate the possible +injustice of an Irish Parliament, my reply is simple. No Irishman need +resent as an insult prohibitions which were not felt to be insulting +either by the citizens of America or the citizens of Massachusetts. + +_Fourthly._ The Restrictions on the powers of the Irish Parliament do +not contain any safeguard against legislation which sets aside +contracts. + +This is remarkable, not to say ominous. The Gladstonian constitution has +been drawn up by legislators who profess to profit by the experience of +America. Under the Constitution of the United States[71] no State can +pass any law 'impairing the obligation of a contract.' This provision +has kept alive throughout the Union the belief in the sacredness of +legal promises. It embodies a principle which lies at the bottom of all +progressive legislation. It gives the best guarantee which a +constitution can give against the most insidious form of legislative +unfairness; it embodies a doctrine which all legislatures are likely to +neglect and which an Irish Parliament is more likely to neglect than any +other legislature, for in Ireland there exist contracts which do not +command popular approval, and the Imperial legislation of twenty years +and more has taught the Irish people that agreements which do not +command popular approval may, without breach of good faith, be set aside +by legislative enactment. We all know further that reforms, or +innovations, are desired by thousands of Irishmen which cannot be +carried into effect unless the obligation of contracts be impaired. Why, +then, have statesmen who borrow freely from the Constitution of the +United States omitted the most salutary of its provisions from our new +constitution? + +The official reply is at any rate singular; it is apparently[72] that +the section of the United States Constitution which invalidates any law +impairing the obligation of a contract has given much occupation to the +Courts of America. This answer is on the face of it futile; it urges the +proved utility of a law as a reason for its not being enacted; as well +suggest that because the criminal courts are mainly occupied with the +trial of thieves there ought to be no law against petty larceny, or that +because the labours of the Divorce Court increase year by year, the law +ought not to permit divorce. The absurdity of the official reply +suggests the existence of some reason which the defenders of this +strange omission are unwilling clearly to allege. The true reason why +the founders of the new constitution have omitted in this instance to +copy a polity which they profess to admire is not hard to discover. An +enactment which enjoined an Irish Parliament to respect the sanctity of +a contract would be fatal to any remodelling of the Irish land law which +tended towards the spoliation of landowners. Yet this very fact makes +the matter all the more serious. That British statesmen should under +these circumstances deliberately decline to insert an injunction to +respect the sanctity of plighted good faith is much more than an +omission. It amounts to the suggestion, almost to the approval, of +legislative robbery; it is a proclamation that as against landlords, as +against creditors, as against any unpopular class, the Imperial +Parliament sanctions the violation of good faith. To the Irish +Parliament the authors of the new constitution in effect say: 'You may +raise no soldiers, you may not yourselves summon volunteers for the +defence of your country, you shall not impose customs on foreign goods, +and are therefore forbidden to follow a policy of protection approved of +by every civilised State except England; you shall neither establish nor +endow a church, you shall not by providing salaries for your priesthood +at once lighten the burdens of the flock, and improve the position of +the pastor; these things, not to speak of many others, you are forbidden +to do, though there are many wise statesmen who deem that the courses of +action from which you are debarred would conduce to the dignity and the +prosperity of Ireland; but there is one thing which you may do, you may +sanction breach of faith, you may encourage dishonesty, you may enjoin +fraud, you may continue to teach the worst lesson which the vacillation +of English government has as yet taught the Irish people, you may drive +home the conviction that no man need keep a covenant when the keeping +thereof is to his own damage.' This is the message of political morality +which the last true Parliament of the United Kingdom hands over to the +first new Parliament of Ireland. + +II. _Their Enforcement._ The nature of the Restrictions imposed upon +the Parliament, and indirectly upon the Government of Ireland, is of far +less importance than are the means provided for their enforcement. A law +which is not enforceable is a nullity; it has in strictness no +existence. + +The methods provided by the Home Rule Bill for keeping the Irish +Parliament within its proper sphere of legislative activity are two in +number--the veto of the Lord Lieutenant, and the action of the Courts. + +_The Veto._ This is little more than an empty sham, for it must in +general be exercised on the advice of the Irish Cabinet; in other words +it will never be exercised at all.[73] Were the matter not so serious +there would be something highly amusing in the conduct of +constitution-makers who, intending to provide against unconstitutional +legislation on the part of the Irish Parliament, provide that the Irish +Cabinet, who are practically appointed by the Irish Parliament, and who +direct its legislation, shall have power to veto Bills passed by the +Irish Parliament presumably on the advice of the Irish Cabinet. + +The English Ministry no doubt may, if they see fit, instruct the Lord +Lieutenant to veto a given Bill. So also the Imperial Parliament has +authority to repeal or override any Act, constitutional or +unconstitutional, passed by the Irish Parliament. Each power stands on +the same footing, neither is meant for ordinary use; either is a means +of legal revolution. The veto of the Crown means little in New Zealand; +it will at best mean no more in Ireland; but in truth it will mean a +good deal less. New Zealand sends no member to Westminster to stay the +hand of the Imperial Government whenever it attempts by way of veto or +otherwise to put in force the reserved powers of the Imperial +Parliament.[74] + +_The Privy Council and the Courts_. The English Privy Council[75] may +nullify the effect of Irish legislation in two ways. + +It may as an administrative body give a decision that an Act is +void.[76] This power can by exercised only upon the application of the +Lord Lieutenant or a Secretary of State, and it is a power which we may +expect will be but rarely employed, for its use would at once give rise +to a direct conflict between the Irish Parliament and the English Privy +Council. Let it be noted in passing that this provision for the decision +of constitutional questions is foreign to the habits and traditions of +English Courts; no judge throughout the United Kingdom ever pronounces +a speculative opinion upon the extent, operation, or validity of an Act +of Parliament. It is the inveterate habit of our judges to deal with +particular cases as they come before them, and with particular cases +alone. They will find themselves greatly perplexed when they come to +pronounce judgment upon abstract questions of law. This is not all. The +proposed arrangement is as foreign to the spirit of American Federalism +as it is to the spirit of English law. The Supreme Court of the United +States never in strictness pronounces an Act either of Congress or of a +State Legislature void. What the Court does is to treat it as void in +the decision of a particular case. Tocqueville and other critics have +directed special attention to the care with which the Federal tribunals, +by dealing only with given cases as they arise, avoid as far as possible +coming into conflict with any State. They determine the rights of +individuals; they do not determine directly what may be the legislative +competence of the State, or for that matter of the Federal, +Legislature.[77] The extraordinary power given to the Privy Council +violates a fundamental principle of federalism, which by the way is +violated in other parts of the Home Rule Bill. It brings, or tends to +bring, the central power, represented in this case by the Privy Council, +into direct conflict with one of the States of the Federation.[78] + +The English Privy Council, or, in strictness, the Judicial Committee of +the Privy Council, is under the new constitution constituted a Final +Court of Appeal from every Court in Ireland.[79] + +The Privy Council also is the Court of Appeal from a new kind of +Imperial, or as one may say 'Federal,' judiciary, specially formed for +the determination of matters having relation to the competence of the +Irish Parliament. + +This Imperial or Federal judiciary consists of the two Exchequer Judges +of the Supreme Court in Ireland; they are appointed under the Great Seal +of the United Kingdom, and therefore by the English Ministry. Their +salaries are charged on the Consolidated Fund of the United Kingdom, and +they are removable only on an address to the Houses of the Imperial +Parliament. They constitute therefore an Imperial not an Irish Court. +Before this Court may be brought on the application of any party thereto +any legal proceedings in Ireland which _inter alia_ 'touch any matter +not within the power of the Irish Legislature, or touch any matter +affected by a law which the Irish Legislature has not power to repeal or +alter.'[80] With the details of these arrangements I need not trouble my +readers; the point to notice is that, whenever in any proceeding in +Ireland the validity or constitutionality of an Irish Act can come into +question, the matter may, at the wish of any party concerned, and in +many cases apparently must be, brought before an Imperial or in effect +British Court--the Exchequer Judges--and be determined by them subject +to an appeal to another Imperial or British Court, viz. the Privy +Council. Note further that to the Exchequer Judges are given special +powers for the enforcement of any judgment of their Court. If the +Sheriff does not give effect to their judgment, they may appoint any +other officer with the full rights of a Sheriff to enforce it.[81] + +Here then we have the machinery of the Imperial, or Federal, Judicature. +To put the matter simply, the Restrictions imposed on the Irish +Parliament depend for their effectiveness on judgments of the Privy +Council enforced by the Exchequer Judges. + +Consider how the whole arrangement will work.[82] The theoretical +operation of the scheme is clear enough. _A_ sues _X_ in an Irish Court, +say, to simplify matters, before the Exchequer Judges, for L1,000 due to +_A_ for rent. _X_ bases his defence on an Act of the Irish Parliament, +drawn by Irish statesmen, and approved presumably by Irish electors. _A_ +questions the constitutionality of the Act. The Exchequer Judges are +divided in opinion. The matter at last comes before the Privy Council. +The Privy Council pronounce the Act void, and give judgment in _A's_ +favour. He has a right to recover the L1,000 from _X_. The whole +question in theory is settled. The law is unconstitutional, the law is +void; _A_ has obtained judgment. But can the judgment be enforced? This +is the essential question; for the object of a plaintiff is to obtain +not judgment but payment or execution. What then are the means for +enforcing the judgment of the Privy Council when it is not supported by +Irish opinion, when it sets aside an Act of the Irish Parliament, and +when it may possibly be opposed to the decision, in a similar case, of +an Irish Court? The means are the action of the Sheriff. What if the +Sheriff is a strong Nationalist, and makes default? The only thing to be +done is to appoint an officer empowered to carry out the decree of the +Court. Of course if the Irish Ministry are bent on enforcing the +judgment, if the Exchequer Court, whose judgment, it may be, has been +overruled, is zealous in supporting the authority of the Privy Council, +if the Irish people are filled with reverence for tribunals which are +really English Courts, all will go well. But Mr. Gladstone himself +cannot anticipate that novel constitutional machinery will work with +ease, or that on the passing of the Home Rule Bill the disposition, the +traditional feelings, and the sympathies of the Irish populace will be +changed. Suppose that _A_ is Lord Clanricarde; suppose that _X_ is an +evicted tenant. It is not common sense to believe that the judgment in +his lordship's favour will as a matter of course take effect. At the +present moment the Irish Courts, backed by the whole authority of the +Imperial Government and the Irish Executive, often find a difficulty in +enforcing their judgments. Will English Courts find it easy to give +effect to a judgment in Ireland if the Irish Executive and its servants +stand neutral or hostile? What if the Irish House of Commons turn out as +unwilling that force should be used for enforcing the decree of the +Privy Council as are some English Radicals that force shall be employed +for the protection of free labourers against Trades Unionists? What if +the officer of the Court is in fact some bailiff trembling for his own +life? He may, I am told, call in the military. Of his authority to do +this I am not quite sure. He must, I suppose, in the first instance +apply to the Irish Home Secretary. The Irish Minister pressed by the +opposition turns a deaf ear to the appeal of the bailiff. Application +must then be made in some form or other to the English Ministry. The +Imperial Cabinet will think more than once before horse, foot, and +artillery are, against the wish of the Irish Government, put in movement +to enforce the judgment of a British Court, and to obtain L1,000 for +Lord Clanricarde. The matter will have become serious; the dignity of +the Irish nation will be at stake; the complaints of the plaintiff will +be drowned by the indignant clamours of eighty members at Westminster. +The essential principle of the new constitution is that there shall be +but one Executive in Ireland. The moment that the British Government +intervenes to support the judgment of British Courts, we have in Ireland +two hostile Executives. We tremble on the verge either of legal +revolution or of civil war. An English Cabinet, I suspect, will hardly +enforce the unpopular rights of a hated plaintiff by use of arms. + +Why, it will be said, assume that the Irish Government and the Irish +people will not enforce the law? The assumption, I answer, is justified +not only by the history of Ireland, but by general experience. In all +federations, even the best ordered, difficulties constantly arise as to +the sphere of the Federal Government and the State Governments, and as +to the enforcement of judgments delivered by Federal Courts. The +authority of the federal tribunals has not always been easily enforced +even in the United States. Serious difficulties hamper the action of the +Swiss federal authorities. Even in England enthusiasm or conviction +occasionally triumphs over legality. English clergymen are at least as +reasonable as excited politicians, yet Ritualists have not invariably +submitted to the authority of the Privy Council. Why should Irishmen be +more reasonable than other men? In Ireland we are trying an entirely +novel and dangerous experiment; we are fostering the spirit of +nationality under the forms of federation. The Privy Council, hide the +matter as you will, represents British power. If Ireland is a nation, +the Government of Great Britain is an alien Government; the judgments of +the Privy Council are the judgments of an alien Court, and reason +forbids us to expect more submission to the decisions of an alien +tribunal than to the laws of an alien legislature. + +Suppose, however, that British judgments are enforced by the British +army. Is this a result in which any Englishman or Irishman could +rejoice? Can we say that the new constitution works well when its real +and visible sanction is the use of British soldiers? The plain truth is +that arrangements for legally restraining the Irish Parliament within +the due limits of its powers must be ineffective and unreal and, if the +principle of Home Rule be once admitted, the widest must be the wisest +form of it. Colonial independence is better for Ireland and safer for +England than sham federalism.[83] + +Grant, however, that the judgments of the Privy Council can be enforced +more easily than I suppose, still even Gladstonians would admit that the +proper working of the new constitution depends on two presumptions. The +one is that the Irish people are under no strong temptation to oppose +the Restrictions or to throw off the obligations imposed upon the Irish +Parliament or Government. The other that they possess no ready means for +nullifying these Restrictions or obligations. + +Each of these assumptions is false. + +Restraints ineffective for the protection either of British interests or +of individual freedom may be intensely irritating to national sentiment. + +The limitations imposed on the powers of the Irish Parliament, or, in +other words, of the Irish people, are opposed to the spirit of +nationality and independence which Home Rule, it is hoped, will appease +or satisfy. They will be hateful therefore not only to that multitude +whom Gladstonians call the Irish people, but to every Irishman who is +bidden by Gladstonians to consider himself a member of the Irish nation. + +The Irish are a martial race; they excel in the practice, and delight in +the pageantry, of warfare, but they are forbidden to raise a regiment or +man a gunboat. They cannot legally raise a regiment of volunteers, they +cannot save their country from invasion. Will they permanently acquiesce +in restraints not imposed on the Channel Islands? Irishmen, Unionists no +less than Home Rulers, are mostly Protectionists, and believe that +tariffs may give to Ireland, not indeed a 'plethora of wealth,' for of +this no man out of Bedlam except Mr. Gladstone dreams, but reasonable +prosperity. Vain to argue that Protection is folly. Englishmen think so, +and Englishmen are right. But English doctrine is not accepted in +Germany, in France, in the United States, or in the British Colonies; +why should Irishmen be wiser than the inhabitants of every civilised +country, except England? The fact, in any case, cannot be altered that +most Home Rulers are Protectionists, and that many of them desire Home +Rule mainly because they desire Protection for Ireland. Yet Protection, +at any rate in the form of a tariff, they cannot have.[84] Take again +the Restrictions imposed on the endowment of religion. All English +Nonconformists, and many English Churchmen, hold these Restrictions to +be in themselves politic and just. But the one strong reason for the +concession of Home Rule is that Irishmen disagree with English notions +of policy and of justice. No one can assign any reason why Irish +statesmen, Catholics or Protestants, might not feel it a matter of duty +or of policy to endow the priesthood, to level up instead of levelling +down, to enter into some sort of concordat with Rome. It is a policy +which is distasteful to English Nonconformists and to most Irish +Protestants. But under a system of Home Rule, at any rate, English +Nonconformists have no right to dictate the policy of Ireland. There is +not the remotest reason why Restrictions on the endowments of religion +and the like should not be hateful to Irishmen. + +The limitations, in short, on the competence of the Irish Parliament are +inconsistent with the fundamental principle of Gladstonian statecraft. +It is a policy we are told of trust in the people, the limitations are +dictated by distrust of the Irish people; Home Rule is to be granted in +order that Irishmen may give effect to Irish ideas; the Restrictions are +enacted to check the development of Irish ideas, and to impose English +ideas upon the policy of Ireland. + +As though, however, the Restraints were not enough to cause first +irritation and then agitation, the financial provisions contemplated by +the Bill are in themselves certain to generate, not future, but +immediate discord. + +Of the financial arrangements instituted under the new constitution, my +purpose is to say very little. My object is not to show that Mr. +Gladstone's financial calculations are wrong, or that they are ruinous +to Ireland or unfair to England. All this is for my present purpose +immaterial. My aim is to insist that, in their very nature, they are a +cause of conflict; and that they bring the interest, and, even more, +the sentiment, of Ireland into direct opposition with the power of +England.[85] + +All the customs payable at every Irish port are to be regulated, +collected, and managed by, and to be paid into, the Exchequer of the +United Kingdom. Not a penny of these customs benefits Ireland; they are +all--and this is certainly the light in which they will appear to most +Irishmen--a contribution to the revenue of the United Kingdom, that is, +of England. If every taxable article were smuggled into Ireland, so that +not one pound of Irish customs were paid to the English treasury, the +Imperial power would lose, but the Irish State would gain. Ireland would +be delivered from a tax which will soon be called a tribute. If, +moreover, Ireland continues to be treated as financially a part of the +United Kingdom, then free smuggling, which is free trade, would make +Ireland a free port, where might be landed untaxed the goods required by +the whole United Kingdom. It is easy to see how the English revenue +would suffer, but it is equally easy to see that Irish commerce might +flourish. If I am told that the ruin of the British revenue may be +averted by the examination of goods brought from Ireland to Great +Britain--this, of course, is so. But then freedom of trade within the +United Kingdom is at an end. We are compelled, in substance, to raise an +internal line of custom houses; we abolish at one stroke one great +benefit of the Treaty of Union. + +The mode, again, in which the customs are levied outrages every kind of +national sentiment. Coast-guards, custom-house officers, and gaugers are +never popular among a population of smugglers; they will not be the more +beloved when every custom-house officer or coastguard is the +representative of an alien power, and is employed to levy tribute from +Ireland. + +Another leading feature of the financial arrangements is the charging +upon the Irish Consolidated Fund of various sums rightly due and payable +to the Exchequer of the United Kingdom.[86] They are made a first charge +upon the revenue of Ireland. They are to be paid in the last resort upon +the order of the Lord Lieutenant, acting as an Imperial officer. The +necessity for some arrangement of this kind is clear. Millions have been +lent to Ireland, and these millions must be repaid. But if the need for +some such arrangement be certain, its desperate impolicy is no less +certain. England and Ireland, the English Government and the Irish +Government, are brought into direct hostile collision. The rich English +Government appears in the light of an imperious creditor the Irish +Government stands in the position of a poverty-stricken debtor. Note, +and this is the point which should be pressed home, that in all +confederations the difficulty of exacting the money needed by the +federal government from any state of the confederacy has been found all +but insuperable. Study the history of the thirteen American colonies +between the time of the acknowledgment of their independence by England +and the formation of the United States. This has been termed 'the +critical period' of American history. The colonies were united by +recollections of common suffering and of common triumph, they were not +divided by race or religion; no State aspired to separate nationality, +yet they drifted rapidly towards anarchy; they were discontented at +home, they were powerless abroad, above all, they nearly made shipwreck +on the financial arrangements. Congress was never able, for the +satisfaction either of national needs or of national honour, to obtain +fair contributions from the different States.[87] + +Already, further, before the Home Rule Bill has passed from the hands of +the House of Commons Mr. Gladstone's very moderate demands, as they seem +to Englishmen, are held by some Irish Nationalists to be outrageous.[88] +The difference, moreover, is not a matter of calculation, to be settled +by accounts and balances, or disposed of by auditors. No one can read +the statements of Nationalists such as Mr. Redmond or Mr. Clancy without +seeing that the real difference of view lies very deep. These typical +Nationalists do not regard the United Kingdom as a nation. Ireland is +the nation. They doubt what is her interest in the British Empire; they +believe, and already hint, that the financial arrangements between the +two countries cannot be treated as a mere pecuniary transaction. Ireland +has been overtaxed and overburdened. She has claims for compensation. +All the feelings or convictions which inspired hatred of Irish landlords +are already being aroused with regard to the Imperial power. A campaign +against tribute may become as popular as a campaign against rent. The +two campaigns indeed have a close affinity; a large portion of the +tribute is in reality payment in respect of rent, and the instalments +which an Irish farmer pays to buy his land will, to him at any rate, +appear rent or tribute payable to Great Britain. The rent or tribute +will be collected under the new constitution by the Irish +Government.[89] No Irish Ministry will relish the position of collector. +It would have been difficult for a landlord to collect rent after his +agent had publicly announced that it was excessive and unjust. Yet a +landlord could dismiss his agent; the English Cabinet cannot dismiss the +Irish Government. It is certain too that the Irish Ministry will not +find the collection of rent easy. Should the Irish Government state that +the rent is iniquitously high, and refuse to collect it, what will be +the position of the British Ministry? It must either set the +constitution aside or undertake for itself the collection of rent in +opposition to, or, at any rate, unaided by, the Irish Executive and the +Irish Parliament. No more odious task was ever undertaken by a +government. Suppose, however, that things do not come to the worst, the +financial arrangements of the Bill ensure that Ireland will soon demand +modifications of its provisions. Opposition is a probability, discontent +is a certainty. + +Ireland is provided under the new constitution with the readiest means +of nullifying the Restrictions. The Irish Cabinet and its servants can +at any moment reduce an unpopular law to a nullity. Even in England a +resolution of the House of Commons may be enough to turn a law into a +dead letter. The Imperial Cabinet at this moment could go very near +making the Vaccination Acts of no effect, and by declining to have +troops sent to Hull could, as I have already pointed out, give victory +to the Trades Unionists. Nor is it necessary that the Cabinet should +decline sending forces to Hull for the support of the law. An intimation +that persons accused of intimidation would either not be prosecuted at +all, or if prosecuted and convicted, would be pardoned, would be +sufficient of itself to make the strike successful. In no country could +the Executive do more to render laws ineffectual than in Ireland. The +Irish Cabinet might by mere inaction render the collection of rent +impossible; they might, as I have already pointed out, give tacit +encouragement to smuggling. If the people regarded a coastguard as an +enemy, if he and his family were left severely alone, if he were often +maltreated and occasionally shot, his position might be a difficult one, +even if supported by the whole force of the state. But if smuggling were +regarded as no crime, if the smuggler were looked upon as the patriot +who deprived an alien power of a revenue to which England had no right, +it is clear that nothing but the energetic support of all the central +and local authorities in the country could give a revenue officer the +remotest chance of victory in his contest with smugglers. But suppose +the national government were apathetic, suppose that the Irish Ministry +looked with favourable eye on the diminution of English revenue; suppose +that no Irish official gave any aid to a custom-house officer; suppose +that, if a British coastguardsman were murdered, Irish detectives made +no effort to discover the wrong-doer; and that when the culprit was +discovered the Irish law officers hesitated to prosecute; suppose that +when a prosecution took place the Attorney-General showed that his heart +was not in the matter, and that the jury acquitted a ruffian clearly +guilty of murder, is it not as clear as day that smuggling would +flourish and no customs be collected? In the same way the Irish Ministry +might by mere apathy, by the very easy process of doing nothing, nullify +the effect of judgments delivered by the Exchequer judges, and the Irish +Ministry would show very little ingenuity if they could not without any +open breach of the law impede the carrying out of executions against the +goods of persons whom popular feeling treated as patriots. + +The Irish Executive might, as already pointed out,[90] easily raise an +Irish army. Drilling countenanced or winked at by the Irish Ministry +could never be stopped by the British Government. Prussia at the period +of her extreme weakness, and under the jealous eye of Napoleon, sent +every Prussian through the ranks. Bulgaria raised an army while +pretending to encourage athletic sports. The value of the precedent is +not likely to escape an Irish Premier. + +The Irish Parliament cannot legally repeal a single provision of the +constitution, but an Irish Parliament might render much of the +constitution a nullity. The Parliament might pass Acts which trenched +upon the Restrictions limiting its authority. Till treated as void such +statutes would be the law of the land. Such voidable Acts, and even +parliamentary resolutions,[91] would go like a watchword through the +country and encourage throughout Ireland popular resistance to Imperial +law. A profound observer has remarked that people do not reckon highly +enough the importance at a revolutionary crisis of any show or +appearance of legality.[92] Revolution acquires new force when masked +under the form of law. This is a point which Englishmen constantly +overlook. They know the moral influence of leagues and combinations; +they do not reflect that a Parliament or House of Commons in sympathy +with resistance to Imperial demands would possess tenfold the moral +authority of any National League. Note too that the Irish Ministry and +the Irish Parliament would play into one another's hands, and would +further be strengthened by their Irish allies at Westminster, as also by +the Irish electoral vote in England. + +For the true stronghold of the Irish Government lies, under the new +constitution, at Westminster.[93] + +There they would command at least eighty votes: the Irish members could +still, as now, and far more effectively than now, coerce under ordinary +circumstances any Ministry disposed to enforce the rights of the +Imperial Government, or, in other words, of England. + +Take a concrete case to which I have already referred.[94] Irish farmers +who have purchased under the Ashbourne Act grow weary of paying +instalments which are equivalent to rent. The Irish Cabinet refuses to +collect the rent; it urges its absolute inability to pay the sums due to +the Imperial Exchequer and asks for remission. Meanwhile the Irish House +of Commons passes a resolution supporting the conduct of the Irish +Government. The British Ministers are stern, and reject the request of +the Irish Cabinet. The Cabinet at Dublin retire from office. No +successors can be appointed who command the support of the Irish +Parliament. The Lord Lieutenant advises the Government at home that +things have come to a deadlock and that a dissolution will change +nothing. Thereupon the Irish members at Westminster begin to move; they +threaten general hostility to the British Ministry. + +They proffer their support to the Opposition. It may of course happen +that the British Ministry can, like the Unionist Government of 1886, +defy the Opposition and the Irish members combined. If so the English +Cabinet can risk a constitutional conflict in Ireland, though it is a +conflict likely to end in disturbance or civil war. But judging the +future by the past the eighty members will hold the balance of power. If +so their course is clear. They expel from office the Ministers who have +protected the rights of the Imperial Government. A weak Ministry +depending on Irish votes rules, or rather is ruled, at Downing Street. +Every one knows how, under the supposed conditions, the affair will +end. There will be a transaction of some sort, and we may be certain +that such a transaction will be to the advantage of the Irish +Government, and will weaken or discredit Imperial or English authority. +We come round here to the root of the whole matter. Were the +Restrictions on the power of the Irish Parliament real and easily +enforceable, were the obligations imposed upon or undertaken by the +Irish people obligations of which an English Ministry could at once +compel the fulfilment, Restrictions and obligations alike would be +rendered futile and unreal by the presence of the Irish members at +Westminster. Every Home Rule scheme which can be proposed is impolitic +and is as dangerous as Separation; but the most impolitic of all +possible forms of Home Rule is the scheme embodied in the Bill of 1893. +Its special and irremediable flaw is the retention of the Irish members +at Westminster. This governs and vitiates all the leading provisions of +the new constitution. Under its influence every conceivable safeguard, +the supreme authority of Parliament, the veto, the legal restrictions on +the competence of the Irish legislature melt away into nothing. + +They are some of them capable of doing harm, they are none of them +capable of doing good. + +Cast a glance back at the leading features of the new constitution. + +The Imperial Parliament remains in form unchanged, and retains the +attribute of nominal sovereignty. But in Ireland the Imperial Parliament +surrenders all, or nearly all, the characteristics of true and effective +power; it retains in fact in Ireland nothing more than the right to +effect under the semblance of a legal proceeding a revolution which +after all must be carried out by force. For practical purposes it has no +more power at Dublin than it has at Melbourne, _i.e._ it retains at +Dublin scarcely any real power whatever. + +For the sake of this nominal and shadowy authority the Imperial +Parliament is itself transformed into a strange cross between a British +Parliament and the Congress of an Anglo-Irish Federation. + +The Irish Executive and the Irish Parliament become under the new +constitution the true and real Government of Ireland. But the Irish +Government and the Irish people are fettered by Restrictions which would +not be borne by the Government or the people of a self-governing colony. +These Restrictions are ineffective to bind, but they are certain to +gall, and if taken together with onerous financial obligations to Great +Britain, which whether just or not must have an air of hardness, and +with the habitual presence in Ireland of a British army under the +direction of the British Executive, lay an ample foundation for the most +irritating of conflicts. + +The new constitution, lastly, places in the hands of the Irish people +ample means for constitutional or extra-constitutional resistance to +Imperial, or in fact to English, power, and almost ensures the success +of Ireland in any constitutional conflict. The presence of the Irish +members at Westminster saves, or proclaims, the nominal sovereignty of +the Imperial Parliament; but their presence in truth makes this +sovereignty unexercisable, and therefore worthless, and while increasing +the apparent power ensures the real weakness of England. + +FOOTNOTES: + +[25] Thus little, if anything, is said in these pages on the +constitution of the Irish Legislature, though it is in several points, +and especially in the character of the Legislative Council, open to +grave criticism. Little, again, is said of the financial arrangements in +their fiscal character. The topic is of the highest importance, but it +must be debated in 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 ought never to be distant from the +thoughts of any one concerned with the policy or impolicy of Home Rule; +they dominate, so to speak, the whole political situation; they are +constantly referred to in these pages; but they do not form part of the +new constitution so much as conditions which affect the prudence or +justice of creating the new constitution. + +[26] Bill, 1893, Preamble, and clauses 33, 37. + +[27] The language of clause 33 is vague, but, according to the best +interpretation I can put upon it, its effect as to laws made for Ireland +after the Home Rule Bill becomes law will be this: The Imperial +Parliament will be able to pass enactments of any description whatever +with regard to Ireland, and the Irish Legislature will not be able to +repeal or alter any enactments so enacted by the Imperial Parliament +which 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 Parliament, then +the Irish Parliament could not repeal the Act or any part of it. Still +clause 33 of the Home Rule Bill is much too vaguely expressed. What, for +example, is the effect of an Act of the Imperial Parliament which is +'impliedly' extended to Ireland? If my interpretation of the clause is +the right one, the meaning of the clause ought to be made perfectly +clear; ambiguity in such a matter is unpardonable. + +[28] See pp. 4-6 _ante_. This ambiguity underlies and vitiates almost +every argument used by Home Rulers, whether English or Irish, in favour +of Home Rule. English Home Rulers emphasise and exaggerate the extent of +the control, or the so-called supremacy, which, after the establishment +of an Irish Parliament, can and will 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 from +American citizens of Irish descent, speak the language of Irish +Nationalists and cut down the effective supremacy of the Imperial +Parliament after the granting of Home Rule so as to make it consistent +with the war cry of 'Ireland a Nation.' (Compare Cambray's _Irish +Affairs and the Home Rule Question_, pp. 48-65.) + +[29] Mr. Sexton, Feb. 13, 1893, _Times Parliamentary Debates_, p. 319; +Mr. Redmond, Feb. 14, 1893, _ibid_. pp. 350-52; and April 13, 1893, +_ibid_. p. 414. Compare especially language 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 imply +that the relation of the Imperial Parliament to Ireland shall resemble +its relation to the Colonies. See generally, debate of May 16 in _The +Times,_ May 17, pp. 6-8. + +[30] Feb. 13, 1893, _Times Parliamentary Debates_, p. 303. + +[31] April 14, 1893, _ibid_. pp. 439, 440. + +[32] Feb. 14, 1893, _ibid_. pp. 340, 341, 343. + +[33] Bill, clause 12, sub-clause (3). + +[34] This is the only sense in which the sovereignty of the Imperial +Parliament is inalienable. This should be noted, because a strange and +absurd dogma is sometimes propounded that a sovereign power such as the +Parliament of the United Kingdom, can never by its own act divest itself +of sovereignty, and it is thence inferred or hinted that there is no +need for the Imperial Parliament to take measures for the preservation +of its supremacy. The dogma is both logically and historically +untenable. A sovereign of any kind can abdicate. A Czar can 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 of persons, of which body it may, +or may not, form part. The Parliaments both of England and of Scotland +did at the time of the Union each transfer sovereign power to a new +sovereign body, namely the Parliament of Great Britain. The British +Parliament did in 1782 surrender its sovereignty in Ireland to the Irish +Parliament. In 1800 both the British Parliament and the Irish Parliament +alienated or surrendered their sovereign powers to the Parliament of the +United Kingdom. Compare Dicey, _Law of the Constitution_ (7th ed.), note +3, p. 65. + +[35] It may, I am quite aware, be argued that the presence of Irish +representatives is not requisite for the maintenance of parliamentary +supremacy. In theory it is not. An arrangement might quite conceivably +be made (which if Home Rule were to be conceded might be the least +objectionable method of carrying out a radically vicious policy) under +which it should be distinctly agreed that Ireland should occupy the +position of a self-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 retention of the Irish +members is a matter of great public importance' (at any rate in the +opinion of Mr. Gladstone) 'because it visibly exhibits that supremacy' +(_i.e._ the supremacy of Parliament) 'in a manner intelligible to the +people.'--Mr. Gladstone, Feb. 13, 1893, _Times Parliamentary Debates_, +p. 306. See as to Home Rule in the character of colonial independence, +_England's Case against Home Rule_ (3rd ed.), pp. 197-218. + +[36] _i.e._ at the moment when these pages are written. What parts of +the Government of Ireland Bill may or may not be officially deemed +essential by the time these pages appear in print, no sensible man will +undertake to predict. Mr. Gladstone's own language is most +extraordinary. On the retention of the Irish members, which in the eyes +of any ordinary man affects the whole character of the new constitution, +and essentially distinguishes the 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 detail which cuts rather +deep in some respects into the composition of the Bill.'--Mr. Gladstone, +Feb. 13, 1893, _Times Parliamentary Debates_, pp. 305, 306. This +statement, with the whole passage of which it forms part, is as +astounding as would have been a statement by Lord John Russell on +introducing the great Reform Bill, that he could not say whether the +disfranchisement of rotten boroughs did or did not form a principle of +the measure. + +[37] Compare Report of Special Commission, pp. 18, 19. + +[38] Under the Home Rule Bill of 1893 as sent up to the House of Lords, +it would have been the 'constant presence.' + +[39] The division of parties in an American State is governed not by +questions concerning the internal affairs of the State, but by the +questions which divide parties at Washington. State politics depend upon +federal politics. 'The national parties have engulfed the State parties. +The latter have disappeared absolutely as independent bodies, and +survive merely as branches of the national parties, working each in its +own State for the tenets and purposes which a national party professes +and seeks to attain.' See Bryce, _American Commonwealth_, ii. p. 194. + +[40] _i.e._ in 1893. + +[41] Mr. Morley at Newcastle, _The Times_, April 22, 1886. + +[42] Now Lord Morley of Blackburn. + +[43] _i.e._ in 1893, and as they continue to be in 1911. + +[44] Mr. Morley at Newcastle, _The Times_, April 22, 1886. [Morley's +argument applied primarily, no doubt, to the Home Rule Bill of 1886; its +force, however, was infinitely strengthened as applied to the 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 Home Rule Bill which +shall propose to give Ireland a real Irish Parliament led by an Irish +Cabinet, and at the same time to retain representatives of Ireland as +members of the British Parliament.] + +[45] See p. 43, _ante_. + +[46] See Motley's speech, _Times_, April _22_, 1886. + +[47] See Bill, Third Schedule. + +[48] This is at any rate the opinion of Mr. Redmond expressed in the +_Nineteenth Century_, Oct. 1892. + +[49] Bill, clause 9, sub-clause (3). + +[50] The authors of the Home Rule Bill foresee the possibility of such +an erroneous decision. They have carefully provided that such an error +shall have no legal effect. Clause 9, sub-clause (4), 'Compliance with +the provisions of this section shall not 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, +good law, in spite of its having been passed in violation of the +constitutional rule laid down in clause 9, sub-clause (3), that an Irish +member shall not be entitled to deliberate or vote on any Bill the +operation of which is confined to Great Britain. + +[51] Compare Bill, clause 9, sub-clause (3), and sub-clause (4), which +provides that 'compliance with the provisions of this section shall not +be questioned otherwise than in each House in manner provided by the +House.' + +[52] 23 Geo. III. c. 28. + +[53] The reader, in order to understand this account of the proposed +constitution of 1886, should remember that under that constitution there +were in effect, though not in name, constituted three different +Parliaments, which must be carefully distinguished. + + 1. The British Parliament at Westminster, containing no Irish + members, which was to legislate for Great Britain and for the whole + British Empire except Ireland. + + 2. The Irish Parliament at Dublin, containing no British + representatives, which was to legislate for Ireland, but which was + not to legislate for England, Scotland, or for any other part of + the British Empire, and was not to have any voice whatever in the + general policy of the Empire. + + 3. The Imperial Parliament also sitting at Westminster, and + comprising both the British and the Irish Parliament. This body + would have corresponded nearly, if not exactly, 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 or the alteration of the Gladstonian constitution. For the + fuller explanation of the whole of this subject see _England's Case + against Home Rule_ (3rd ed.), pp. 234, 238 + +Note that England gains little or nothing (as compared with what was +offered to her under the Home Rule Bill of 1886) by the Imperial +Parliament retaining the power to legislate for Ireland, for even under +that Bill the Imperial Parliament (_i.e._ the Parliament at Westminster +when consisting both of British and of Irish members) could legislate +for Ireland. + +[54] _Unionist Delusions_, pp. 6-9. + +[55] The following passage from the writings of a man whose words, +whilst he was yet amongst us, Unionists and Gladstonians alike always +heard with the respect due to sense, to ability, to knowledge, and to +fairness, deserves attention:-- + + 'In Mr. Gladstone's proposed measure of Home Rule' _[i.e._ the Bill + of 1886]' the Parliament sitting at Westminster was no longer to + contain Irish members. I hold this to be an essential feature of + the scheme, an essential feature of any scheme of Home Rule. By Mr. + Gladstone's scheme, Ireland was formally to exchange a nominal + voice, both in its own affairs and in common affairs, for the real + management of its own affairs and no voice at all in common + affairs. This is the true relation of Home Rule. As dependent + Canada has no representatives in the Parliament of the United + Kingdom, so neither 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 on British affairs, while the British members do not vote on + Irish affairs, surely too great a privilege is given to Ireland; it + is Great Britain which will become the dependency. If they are to + vote on "Imperial" affairs only, to say nothing of the difficulty + of defining such affairs, it will be something very strange, very + novel, very hard to work, to have members of Parliament who are + only half-members, who must walk out of the House whenever certain + classes of subjects are discussed.' (E.A. Freeman, 'Irish Home + Rule and its Analogies,' _The New Princeton Review_, vi. pp. 194, + 195.) + +Mr. Freeman's language proves that I have not overrated the essential +difference or opposition between the Home Rule policy of 1886 and the +Home Rule policy of 1893. + +[56] It is styled in the Home Rule Bill 'an Executive Committee of the +Privy Council of Ireland.' + +[57] If there were reason to expect (which there is not) that the Home +Rule Bill would pass into law, it would be worth while to consider +carefully a question which has not yet engaged the attention of English +statesmen: Is it desirable that under a system of Home Rule the Irish +Executive should be a Parliamentry Ministry? The answer to this question +is by no means clear. Both in the United 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 be +suggested in favour of creating for Ireland an Executive whose tenure of +office might be independent of the will of the Irish Parliament. +Ireland, in short, like many other countries, might gain by the +possession of a non-parliamentary Executive. See as to the distinction +between a parliamentary and a non-parliamentary Executive, _Law of the +Constitution_ (7th ed.), App. p. 480. + +[58] See Bill, clause 14. + +[59] This would apparently approve itself to Dr. Nulty, Roman Catholic +Bishop of Meath. Of Mr. Justice Andrews he seems to have written that +'this Judge is a Unitarian,' and that it appears to the Bishop that 'the +man who denies the divinity of our Lord is as incompetent to form clear, +correct, and reliable conceptions 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 suppose, with a +view to Mr. Justice Andrews' opinions as to priestly influence at +elections, but the Bishop's words suggest the inference that the +government of a Catholic country ought to appoint Catholic Judges. Why +should we be surprised at this? Religious toleration is not a doctrine +of the Roman Catholic Church. + +[60] See Home Rule Bill, 1893, clause 35, p. 214, _post_. + +[61] 'I am not suggesting for a moment that we are going to set up in +Ireland two independent and separate Executives. I think the granting of +Home Rule in any intelligible sense would be entirely incomplete if it +were not supplemented by the granting of executive 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 government of the United Kingdom, as it provided +in this Bill such executive authority as is necessary for the execution +of the Imperial laws' (sic). Mr. Asquith, April 14, 1893, _Times +Parliamentary Debates_, p. 440. Compare _Hansard_, vol. xi. same date, +p. 348. + +[62] Bill, clause 30. + +[63] This is technically expressed in the Bill by the provision that +'the two forces [viz. the Royal Irish Constabulary and the Dublin +Metropolitan Police] shall, while they continue, be subject 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, be doubted that they will remain subject +to the Imperial Government, and, except with the sanction of the +Imperial Government, will not be subject to the control of the Irish +Executive. + +[64] See Bill, clauses 1-5, and as to the Restrictions on its +legislative power, see pp. 80-110, _post_. + +[65] See two excellent articles in the _Spectator_ of February 25 and +March 4, 1893. + +[66] Of course all these statements are to be taken subject to the +Restrictions placed on the powers of the Irish Legislature by Bill, +clauses 3, 4, pp. 197, 198 _post_. + +[67] These Restrictions, or safeguards, deprive Ireland of powers in +fact possessed by the Legislature of any self-governing colony, and I +believe by the Isle of Man or Jersey. [Compare the Home Rule Bill 1893, +clause 3, sub-clause (3) (p. 197, _post_,) as it appears in the original +Bill, with the same clause as amended by the House of Commons and sent +up to the House of Lords. The original 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 +camps, magazines, arsenals, dockyards, and other needful buildings, or +any places purchased for the erection thereof.' + +In 1893, Unionists and Gladstonians alike were determined that on no +pretence whatever should an Irish Parliament be allowed to raise an +Irish army, even of volunteers. The very name of 'volunteers,' and the +history of 1780-82, explain and justify their prudence. + +[68] Clause 4, sub-clause (1) to (4). + +[69] For the details of the Restrictions contained in clauses 3 and 4 +the reader should study carefully the terms of the Bill itself. See +Bill, in Appendix. + +[70] In more than one case it is pretty clear that the Restrictions are +in themselves ineffective. Take these instances:-- + + 1. The Restrictions do not really prevent the drilling of an armed + force. The Act which makes drilling illegal is a statute of 1819, + 60 Geo. III. 1 Geo. IV. c. 1. This Act applies to Ireland and + cannot (it is submitted) be repealed 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, appoint + plenty of justices who were willing to allow training and drilling. + The men thus trained and drilled could not, I conceive, technically + be made a volunteer force, but they might, for all that, be a very + dangerous armed body. + + 2. It is not certain what is the real effect of the provisions + whereby no 'person may be deprived of life, liberty or property + without due process of law.' Does it, for example, preserve a right + to trial by jury? I doubt whether it does. American judgments on + the same words 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 not a 'due' process, for which a parallel could be + found in the legislation of the Imperial Parliament. But the + Prevention of Crime (Ireland) Act, 1882, sec. 1, to instance no + other enactment, took away the right to trial by jury in cases of + trial for treason, murder, etc. + + 3. Private property might still in fact be taken without just + compensation. The Privy Council would not apparently have to + consider whether in any given case property was taken without just + compensation, but whether a particular law was a law whereby it + might be taken without just 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 compensation must + be given. It is very doubtful how far the Privy Council could treat + the Act as invalid, or could in any way enter upon the question + whether just compensation had been given. Yet it is plain that such + a Court might give very far from just compensation, say to Lord + Clanricarde. + + +[71] Constitution, art. i sect. 10. + +[72] See Mr. J. Morley, April 18, 1893, _Times Parl. Deb._, p. 500. + +[73] See Bill, clause 5, sub-clause (3). The language of this clause +disposes of the contention put forward by at least one Gladstonian +candidate 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 arrangement too futile for an ardent Gladstonian to contemplate as +possible is therefore actually enacted in the Government of Ireland +Bill. + +[74] It is to be presumed that the Crown, or in effect the British +Cabinet, does not in the case of Ireland retain the power of +'disallowance' under which the Crown occasionally annuls colonial Acts +which have received the assent of a colonial Governor. The power to +disallow an Irish Act which, though not unconstitutional, 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 +disallowance of Acts see Rules and Regulations published for the use of +the Colonial Office, chap. iii.; Legislative Councils and Assemblies, +Rules 48-54; British North America Act, 1868, sections 55-57; _England's +Case against Home Rule_ (3rd ed.), p. 33. [Compare Dicey, _Law of +Constitution_ (7th ed.), pp. 111-114.] + +[75] The appeal to the English Privy Council, both under clauses 19, +_22_, and 23 of the Bill, appears to be in each case an appeal to the +Judicial Committee of the Privy Council. [The particular provisions +contained 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 satisfactory +body for acting as a Court called upon to decide the numerous +constitutional questions, as to the legislative power of an Irish +Parliament, which must be raised under any Home Rule Act whatever.] + +[76] See Bill, clause 23. + +[77] See Tocqueville, _Democratie en Amerique_, i. chap. viii. pp. +231-250; Bryce, _American Commonwealth_, ii. (1st ed.) p. 45; _ibid._ i. +ch. 23. + +[78] Compare _England's Case against Home Rule_ (3rd ed.), pp. 257, 258. + +[79] Compare Bill, clauses 19, 22, pp. 206, 209, _post._ + +[80] Bill, clause 19, sub-clause(4). + +[81] Clause 19, sub-clause (5). The whole of the provisions as to the +Exchequer Judges are extremely obscure. The jurisdiction and the powers +of the Court, should it ever be formed, 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 Switzerland. +As the matter at present stands the jurisdiction of the Exchequer Judges +and of the Privy Council as a Court of Appeal from them may apparently +be thus described. + +It extends to all legal proceedings in Ireland which + + (i) are instituted at the instance of or against the Treasury or + Commissioners of Customs, or any of their officers, or + + (ii) relate to the election of members to serve in [the Imperial] + Parliament, or + + (iii) touch any matter not within the powers of the Irish + Legislature, or + + (iv) touch any matter affected by a law which the Irish Legislature + have not power to repeal or alter. + +It is possible that sub-clause (4) gives the Exchequer Judges a much +wider jurisdiction than is intended by the authors of the Home Rule +Bill, and the strictures which have been made on this sub-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 Unionist, unsound, and the Bill +itself therefore unamendable. My object is simply to describe and +criticise the general constitutional provisions of the Bill and to show +their bearing and effect. + +[82] Compare _England's Case_ (3rd ed.), pp. 258, 259. + +[83] See _England's Case_ (3rd ed.), pp. 214-218. + +[84] See Home Rule Bill, clause 3, sub-clause (7) (p. 198, _post_), and +compare same clause slightly amended, in Bill, as sent up to the House +of Lords, sub-clause (8). + +[85] These strictures on the financial arrangements which were to exist +between England and Ireland apply directly to the Home Rule Bill as +introduced 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 sent up to the House of Lords. Compare clause 10 of the original +Bill with clause 11 of the Bill as amended and brought up to the House +of Lords. + +[86] Bill, clauses 14, 15, and 16. [Compare with these clauses of the +original Bill clauses 13, 14, 15, and 16 of the Bill as amended before +being sent to the House of Lords.] + +[87] See Fiske, _Critical Period of American History_, chs. iii. and iv. + +[88] See, _e.g._, letter of Mr. Clancy, M.P., on the Financial Clauses of +the Home Rule Bill, _Manchester Guardian_, April 4, 1893. + +[89] Bill, clause 15. + +[90] See pp. 72 and 82, _ante_. + +[91] See pp. 79, 80, _ante_. + +[92] _Souvenirs de Alexis de Tocqueville_, p. 63. + +[93] The reader should note the history of the insurrection in Ticino +during 1891. It is quite clear that the Liberals of Ticino who had +distinctly broken the law were more or less comforted or protected by +the Liberal party in the Swiss Federal Assembly. Compare Hilty, +_Separatabdruck aus dem Politischen Jahrbuch der Schweizerischen +Eidgenossenschaft_ (_Jahrgang_ 1891). + +[94] See p. 103, _ante_. [The force of this illustration has been +increased by every Land Act passed since 1893. 'The Imperial Exchequer +[_i.e._ in effect Great Britain] has made a free grant of L17,000,000 +towards furthering land purchase; moreover to that end it has expressed +its willingness to pledge its credit to the amount of L183,000,000 of +which over L35,000,000 has already been raised. The Imperial Exchequer +looks to the Irish tenant purchaser for the interest and sinking fund on +that loan.'--Cambray, _Irish Affairs_, p. 214.] + + + + +CHAPTER III + +WHY THE NEW CONSTITUTION WILL NOT BE A +SETTLEMENT OF THE IRISH QUESTION + + +'_We believe that this measure [the Home Rule Bill] when improved in +Committee will be, at all events in our time, a final settlement of the +Irish question_.'[95] + +'Five speeches were made from the Irish benches ... there was not one of +those speeches which fell short of what we have declared to be in our +opinion necessary for the acceptance of this Bill. That is where we +look for a durable and solid statement as to finality. We find the word +_finality_ not even eschewed by the generous unreserve of the honourable +member for North Longford[96] who attached the character of finality to +the Bill.... What said the honourable member for Kerry[97] last night? +He said, "_This is a Bill that will end the feud of ages_" This is +exactly what we want to do. That is what I call acceptance by the Irish +members of this Bill.... _What we mean by this Bill is to close and bury +a controversy of seven hundred years.'_[98] + +This hope of ending the feud of ages has been for years dangled by +Gladstonians before the English electorate. It has gained thousands of +votes for Home Rule. But it is doomed to disappointment. The new +constitution will never be a settlement of the Irish question: and this +for three reasons, which can be definitely stated and easily understood. + +_First._ The new constitution satisfies neither Ireland nor England. + +It does not satisfy Ireland. + +Ulster, Protestant Ireland, and indeed, speaking generally, all men of +property in Ireland, whether Protestant or Catholic, detest Home Rule. +They hate the new constitution, they protest against the new +constitution, they assert that they will to the utmost of their ability +resist the introduction and impede the working of the new constitution. +Their abhorrence of Home Rule may be groundless, their threats may be +baseless; their power to give effect to their menaces may have no +existence. All that I now contend is that the strongest, and the most +energetic, part of Irish society is in fact and in truth bitterly +opposed, not only to the details, but to the fundamental principle, of +the new polity. It avails nothing to urge that the Protestants and the +educated Catholics are in a minority. This plea shows that in Parliament +they can be outvoted; it does not show that they will, or can, be +pacified by a policy which runs counter to their traditions, their +interests, and their sentiment. You cannot vote men into content, you +cannot coerce them into satisfaction. Let us look facts in the face. The +measure which is supposed to gratify Ireland satisfies at most a +majority of Irishmen. This may be enough for a Parliamentary tactician, +it is not enough for a far-seeing statesman or a man of plain common +sense. When we are told a minority are filled with discontent, we must +ask who constitute the minority. When we find that the minority consists +of men of all descriptions and of all creeds, that they represent the +education, the respectability, the worth, and the wealth of Ireland, we +must be filled with alarm. Wealth, no doubt, is no certain sign of +virtue, any more than poverty can be identified with vice; a rich man +may be a scoundrel, and a poor man may be an honour to the human race, +but the world would be much worse constituted than it is, if the +possession of a competence were not connected with honesty, energy, +adherence to duty, and every other civic virtue. When it is said or +admitted by Gladstonians that the propertied classes of Ireland are +against Home Rule we know what this means; it means that the energy of +Ireland is against Home Rule, that the honesty of Ireland is against +Home Rule, that the learning of Ireland is against Home Rule, that all +that makes a nation great is against Home Rule, and that the Irishmen +most entitled to our respect and honour implore us not to force upon +them the curse of Home Rule. This is no trifle. Let us at any rate have +done with phrases; let us admit that the satisfaction of Ireland means +merely the satisfaction of a class, though it may be the most numerous +class of Irishmen, and that it also means the bitter discontent of the +one class of Irishmen who are specially loyal to Great Britain. If we +are closing one feud we are assuredly opening another feud which it may +at least be as hard to heal. + +But is it true that even the Home Rulers of Ireland are satisfied? Their +representatives indeed accept the new constitution. Their acceptance may +well, as far as intention goes, be honest. Mr. Davitt, I dare say, when +he sentimentalises in the House of Commons about his affection for the +English democracy, is nearly, though not quite, as sincere as when he +used to express passionate hatred of England.[99] But acquiescence is +one thing, satisfaction is another. There is every reason why the Irish +members should acquiesce in the new constitution. They obtain much, and +they gain the means of getting more. Quite possibly they feel grateful. +But their gratitude is not the gratitude of Ireland, and gratitude is +hardly a sentiment possible, or indeed becoming, to a nation. + +England saved Portugal and Spain from the domination of France. Do we +find that Portuguese and Spaniards gladly subordinate their interests to +the welfare of England? France delivered Italy from thraldom to Austria; +French blood paid the price of Italian freedom. Yet France is detested +from one end of Italy to the other, whilst Italians rejoice in the +alliance with Austria. In all this there is nothing unreasonable and +nothing to blame. Policy is not sentimentality, and the relations of +peoples cannot be regulated in the same manner as the relations of +individuals. Thirty, twenty, ten, five years hence all the sentiment of +the year 1893 will have vanished. Irish content and satisfaction must, +if it is to exist at all, rest on a far more solid basis than the hopes, +the words, the pledges, or the intentions of Mr. M'Carthy, Mr. Sexton, +or Mr. Davitt. Note that their satisfaction is even now of a limited +kind. It absolutely depends on the new constitution being worked exactly +in the way which they desire. The use of the veto, legislation for +Ireland by the Imperial Parliament, any conflict between the wish of +England and the wish, I do not say of Ireland, but of the Irish +Nationalists, must from the nature of things put an end to all gratitude +or content. But we may go further than this: the new constitution +contains elements of discord. It denies to Ireland the rights of a +nation; it does not concede to her the full privileges of colonial +independence. No genuine Nationalist can really acquiesce in the +prohibition of Ireland's arming even in self-defence. Where, again, is +the Nationalist who is prepared to say that he will not if the Bill is +passed demand that every conspirator and every dynamiter, who is +suffering for the cause of Ireland, shall be released from prison? Is it +credible that the Land Leaguers have forgotten what is due to the +wounded soldiers of their cause? Are they prepared to forget the +imperative claims of evicted tenants or imprisoned zealots?[100] I +cannot believe it. + +But if they are so base as to forget what is due to their friends and +victims, what trust could England place in the permanence of any +sentiment expressed by such men with however much temporary fervour and +however much apparent honesty? If, as I am convinced, the Irish leaders +are not prepared to betray the fanatics or ruffians who have trusted and +served them, then with what content does England look on the prospect of +a general amnesty for criminals or of lavish rewards for breach of +contract and the defiance of law? + +But in truth the new constitution provides for the general discontent, +not of one class of Irishmen, but of the whole Irish people. + +Home Rule is at bottom federalism, and the successful working of a +federal government depends on the observation by its founders of two +principles. The first is that no one State should be so much more +powerful than the rest as to be capable of vying in strength with the +whole, or even with many of them combined.[101] The second is that the +federal power should never if possible come into direct conflict with +the authority of any State. Each of these well-known principles has, +partly from necessity and partly from want of skill, been violated by +the constructors of the spurious federation which is to be miscalled the +United Kingdom. The confederacy will consist of two States; the one, +England, to use popular but highly significant language, in wealth, in +population, and in prestige immensely outweighs the other, Ireland. And +by an error less excusable because it might have been avoided, the power +of the central government will be brought into direct conflict with the +authority of the Irish State. Read the Bill as it should be read by any +one who wishes to understand the working of the new constitution, and +throughout substitute 'England' for the term 'United Kingdom.' Note then +what must be the operation of the constitution in the eyes of an +Irishman. The federal power is the power of England. An English Viceroy +instructed by an English Ministry will veto Bills passed by an Irish +Parliament and approved by the Irish people. An English court will annul +Irish Acts; English revenue officers will collect Irish customs, and +every penny of the Irish customs will pass into the English Exchequer. +An English army commanded by English officers, acting under the orders +of English ministers, will be quartered up and down Ireland, and, in the +last resort, English soldiers will be employed to wring money from the +Irish Exchequer for the rigorous payment of debts due from Ireland to +England. Will any Irishman of spirit bear this? Will not Irishmen of all +creeds and parties come to hate the constitution which subjects Ireland +to English rule when England shall have in truth been turned into an +alien power? + +The new constitution does not in any case satisfy England. + +That England is opposed to Home Rule is admitted on all hands; that +England has good reason to oppose the new form of Home Rule with very +special bitterness is apparent to every Unionist, and must soon become +apparent to any candid man, whether Gladstonian or Unionist, who +carefully studies the provisions of the new constitution, and meditates +on the effect of retaining Irish representatives in the Parliament at +Westminster. For my present purpose there is no need to establish that +English discontent is reasonable; enough to note its existence. + +A consideration must be here noticed which as the controversy over Home +Rule goes on will come into more and more prominence. We are engaged in +rearranging new terms of union between England and Ireland; this is the +real effect of the Home Rule Bill; but for such a rearrangement Great +Britain and Ireland must in fairness, no less than in logic, be treated +as independent parties. Whether you make a Union or remodel a Union +between two countries the satisfaction of both parties to the treaty is +essential. Till England is satisfied the new constitution lacks moral +sanction. That the Act of Union could not have been carried without, at +any rate, the technical assent both of Great Britain and Ireland is +admitted, and yet the moral validity of the Treaty of Union is, whether +rightly or not, after the lapse of ninety-three years assailed, on the +ground that the assent of Ireland was obtained by fraud and undue +influence. But if the separate assent of both parties was required for +the making of the treaty, so the free assent of both must be required +for its revision, and the politicians who force on Great Britain the +terms of a political partnership which Great Britain rejects, repeat in +1893 and in an aggravated form the error or crime of 1800.[102] + +_Secondly_. The new constitution rests on an unsound foundation. + +It is a topsy-turvy constitution, it aims at giving weakness supremacy +over strength. + +The main, though not the sole, object of a well-constituted polity is to +place political power (whilst guarding against its abuse) in the hands +of the men, or body of men, who from the nature of things, _i.e._ by +wealth, education, position, numbers, or otherwise, form the most +powerful portion of a given state. The varying forms of the English +Constitution have, on the whole, possessed the immense merit of giving +at each period of our history political authority into the hands of the +class, or classes, who made up the true strength of the nation. Right +has in a rough way been combined with might. Wherever this is not the +case, and genuine power is not endowed with political authority, there +exists a sure cause of revolution; for sooner or later the natural +forces of any society must assert their predominance. No institution +will stand which does not correspond with the nature of things. Vain +were all the efforts of party interest or of philanthropic enthusiasm to +give to the Blacks political predominance in the Southern States. Votes, +ballot boxes, laws, federal arms, all were in vain. By methods which no +man will justify, but which no power could resist, the Whites have +re-acquired political authority. The nature of things could not be made +obedient to the dogmas of democratic equality. Now the gravest flaw of +the new constitution, the disease from which it is certain to perish, is +that, in opposition to the forces which ultimately must determine the +destiny of the United Kingdom, it renders the strong elements of the +community subordinate to the weak. + +In Ireland Dublin is made supreme over Belfast, the South is made not +the equal, but in effect the master of the North; ignorance is given +dominion over education, poverty is allowed to dispose of wealth. If +Ireland were an independent state, or even a self-governed British +colony, things would right themselves. But the politicians who are to +rule in Dublin will not depend upon their own resources or be checked by +a sense of their own feebleness. They will be constitutionally and +legally entitled to the support of the British army; they will +constitute the worst form of government of which the world has had +experience, a government which relying for its existence on the aid of +an external power finds in its very feebleness support for tyranny. +Murmurs are already heard of armed resistance. These mutterings, we are +told, are nothing but bluster. It is at any rate that sort of "bluster" +at which the justice and humanity of a loyal Englishman must take alarm. +I have not yet learnt to look without horror on the possibility of civil +war, nor to picture to myself without emotion the situation of brave men +compelled by the British army to obey rulers whose moral claim to +allegiance they justly deny and whose power unaided by British arms they +contemn. Civil warfare created by English policy and despotism +maintained by English arms must surely be to any Englishman objects of +equal abhorrence. + +But in England no less than in Ireland our new constitution gives +artificial power to weakness. At Westminster the Irish members, be they +80 or 103, will have no legitimate place. Mr. Gladstone on this point +is, for aught I know, at one with the Unionists. In 1886 he without +scruple, and therefore no doubt without any sense of injustice, expelled +the representatives of Ireland from the British Parliament. In 1893 he +brings them back to Westminster. But his words betray his hesitation. He +expects, may we not say he hopes, that they will remain in Ireland and +on their occasional visits to London have the good sense and good taste +not to interfere in British affairs. Few are the persons who share these +anticipations. If they are to be realised they must be embodied in the +constitution; the Premier might at this moment without shame, and +without regret, revert to the better policy of 1886. On his present +policy we all know that his expectations will not be fulfilled. The +voluntary absence of the Irish members from Westminster is as vain a +dream as the fancy that Ireland under Home Rule may suffer from a +plethora of money. To Westminster the Irish members will come. If they +do not come of their own accord they will be fetched by allies who need +their help. At Westminster they will hold the balance of parties, and +will while the constitution lasts rule the destiny of England with a +sole regard at best to the immediate interest of Ireland, at worst to +the interests of an Irish faction. To Ireland will be given power +without responsibility, to England will belong responsibility without +power. Nor will the unnatural subjection of a great, a flourishing, a +wealthy, and a proud country to a weaker and poorer neighbour be +rendered the more bearable by the knowledge that the ill-starred +supremacy of Ireland means, in England, the equally unnatural and +equally ominous predominance of an English faction, which, since it +needs Irish aid, does not command England's confidence. Radicals or +revolutionists will in the long run have bitter cause to regret an +arrangement which identifies their political triumph with England's +humiliation. + +_Thirdly_. The new constitution is based on a play of words which +conceals two contradictory interpretations of its character.[103] + +The supremacy of the Imperial Parliament means to Irish Home Rulers and +to most Gladstonians that Ireland shall possess colonial +independence.[104] It means to Unionists and to many electors who can +hardly be called either Unionists or Gladstonians, that the British +Parliament, or, in other words, England, shall retain the real, +effective, and even habitual control of Irish affairs. In the one sense +it means only that Ireland shall remain part of the British Empire, in +the other that Ireland shall still be part of the United Kingdom. And, +what is of great importance, the mass of Englishmen waver between these +two interpretations of Imperial supremacy. When they think of Home Rule +as satisfying Ireland, they hold that it gives Irishmen everything which +they can possibly ask. When they think of Home Rule as not dismembering +the United Kingdom, they fancy that it leaves to the British Parliament +all the real authority which Parliament can possibly require. + +This difference of interpretation lays the foundation of +misunderstanding, but it does far more harm than this. It must keep +Irish Nationalists alarmed, and not without reason, for the permanence +of the independence which they may have obtained. A change of feeling or +a change of party may cause the Imperial Parliament to assert its +reserved authority. England keeps her pledges.[105] Yes, but here it is +not a mere question of good faith. When two contractors each from the +beginning put _bona fide_ a different interpretation upon their +contract, neither of them is chargeable with dishonesty for acting in +accordance with his own view of the agreement. The spirit of Unionism +and the spirit of Separation will survive the creation of the new +constitution. Under one form or another Unionists will be opposed to +Federalists and it is more than possible, should the Bill pass, that the +division of English parties may turn upon their reading of the Irish +Government Act, 1893. + +The possibility, again, that the Parliament at Westminster may assert +its reserved authority, if it raises the fears of Irishman, may excite +the hopes of English politicians. If at any time the supremacy of +Ireland becomes unbearable to British national sentiment, or if the +condition of Ireland menaces or is thought to menace English interests, +the new constitution places in the hands of a British majority a +ready-made weapon for the restoration of British power. The result might +be attained without the necessity for passing any Act of Parliament, or +of repealing a single section of the Irish Government Act, 1893. A +strong Viceroy might be sent to Ireland; he might be instructed not to +convoke the Irish Parliament at all; or, having convoked, at once to +prorogue it. He might thereupon form any Ministry he chose out of the +members of the Irish Privy Council. The Imperial Parliament would at +once resume its present position and could pass laws for Ireland. This +might be called revolution or reaction. For my argument it matters not +two straws by what name this policy be designated. The scheme sketched +out is not a policy which I recommend. My contention is not that it +will be expedient--this is a matter depending upon circumstances which +no man can foresee--but that it will be strictly and absolutely legal. + +The supremacy of the Imperial Parliament, combined with the presence of +the Irish members at Westminster, will thus by a curious fatality turn +out a source at once of permanent disquietude to Ireland and of +immediate, if not of permanent, weakness to England. + +Our New Constitution is not made to last Home Rule does not close a +controversy; it opens a revolution. + +No one in truth expects that the new constitution will stand. Its very +builders hesitate when they speak of its permanence,[106] and are +grateful for the generous credulity of a friend who believes in its +finality. Nor is it hard to conjecture (and in such a matter nothing but +conjecture is possible) what are the forces or tendencies which threaten +its destruction. + +If Ireland is discontented Irishmen will demand either the extension of +federalism or separation. In every federal government the tendency of +the States is to diminish as far as possible the authority of the +federal power. But this tendency will be specially strong in the +grotesque Anglo-Irish federation, since the federal power will be +nothing but the predominance of England. The mode of weakening the +federal authority is only too obvious. 'The more there is of the more,' +says a profound Spanish proverb, 'the less there is of the less.' The +more the number of separate States in the confederacy, the less will be +the weight of England, and the greater the relative authority of +Ireland. Let England, Scotland, and Wales become separate States, let +the Channel Islands and Man, and, if possible, some colonies, be added +to the federation, and as the greatness of England dwindles so the +independence of Ireland will grow. + +Some seven years ago Sir Gavan Duffy predicted that before ten years had +elapsed there would be a federation of the Empire.[107] Like other +prophets he may have antedated the fulfilment of his prediction, but his +dictum is the forecast of an experienced politician--it points to a +pressing danger. Home Rule for Ireland menaces the dissolution of the +United Kingdom, and the unity of the United Kingdom is the necessary +condition for maintaining the existence of the British Empire. Home Rule +is the first stage to federalism. + +But Irish discontent, should it not find satisfaction in a movement for +federalism, will naturally take the form of the demand for colonial or +for national independence. You cannot play with the spirit of political +nationality. The semi-independence of Ireland from England, combined +with the undue influence of Ireland in English politics, is certain to +produce both unreasonable and reasonable grounds for still further +loosening the tie which binds together the two islands. The cry 'Ireland +a nation' is one of which no Irishman need be ashamed, and to which +North and South alike, irritated by the vexations of a makeshift +constitution, are, as I have already insisted, likely enough to rally. + +Nor is it certain that Irish Federalists or Irish Nationalists will not +obtain allies in England. The politicians who are content with a light +heart to destroy the work of Pitt may, for aught I know, with equal +levity, annul the Union with Scotland and undo the work of Somers, or by +severing Wales from the rest of England render futile the achievement of +the greatest of the Plantagenets. Enthusiasts for 'Home Rule all round' +would appear to regard their capacity for destroying the United Kingdom +as a proof of their ability to build up a new fabric of Imperial power, +and to fulfil their vain dreams of a federated Empire. Sensible men may +doubt whether a turn for revolutionary destruction is any evidence that +politicians possess the rare gift of constructive statesmanship. And +should the working of the new constitution confirm these doubts, persons +of prudence will begin to perceive that Irish independence is for both +England and Ireland a less evil than the extension of federalism. + +The natural expression however of English discontent or disappointment +is reactionary opposition. Reaction, or the attempt of one party in a +state to reverse a fundamental policy deliberately adopted by the +nation, is one of the worst among the offspring of revolution, and is +almost, though not entirely, unknown to the history of England. Yet +there is more than one reason why if the Home Rule Bill be carried, +reaction should make its ill-omened appearance in the field of English +public life. The policy of Home Rule, even should it be for the moment +successful, lacks the moral sanctions which have compelled English +statesmen to accept accomplished facts. The methods of agitation in its +favour have outraged the moral sense of the community. Mr. Gladstone's +victory is the victory of Mr. Parnell, and the triumph of Parnellism is +the triumph of conspiracy, and of conspiracy rendered the more base +because it was masked under the appearance of a constitutional movement. +Neither the numbers nor the composition of the ministerial majority are +impressive. The tactics of silence, evasion, and ambiguity may aid in +gaining a parliamentary victory, but deprive the victory of that respect +for the victors on the part of the vanquished which, in civil contests +at any rate, alone secures permanent peace. But the pleas and +justifications for reaction are rarely its causes. If Englishmen attempt +to bring about the legal destruction of the new constitution, their +action will be produced by a sense of the false position assigned to +England. No device of statesmanship can stand which is condemned by the +nature of things. The predominance of England in the affairs of the +United Kingdom is secured by sanctions which in the long run can neither +be defied nor set aside; the constitution which does not recognise this +predominance is doomed to ruin. That its overthrow would be just no one +dare predict; the future is as uncertain as it is dark. A main reason +why a wise man must deprecate the weak surrender by Englishmen of +rightful power is the dread that, if in a moment of irritation they +reassert their strength, they may exhibit neither their good faith nor +their justice. + +FOOTNOTES: + +[95] J. M'Carthy, April 10, 1893, _Times Parliamentary Debates_, p. 354. +No part of these quotations is italicised in the report. + +[96] J. M'Carthy. + +[97] Mr. Sexton. + +[98] Mr. Gladstone, April 21, 1893, _Times Parliamentary Debates_, p. +565. + +[99] At Bodyke, June 2, 1887, Mr. M. Davitt said:--'Our people, however, +who so leave Ireland are not lost in the Irish cause, for they will join +the ranks of the Ireland of retribution beyond the Atlantic; 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 the enemy for its +crimes in Ireland.'--_Freeman's Journal_, June 3, 1887. See 'Notes on +the Bill,' published by the Irish Unionist Alliance, p. 368. These +expressions were used after the union of hearts. + +[100] 'But all these matters are, as it were, minor details. They all +sink into comparative insignificance before the one great demand--and I +almost apologise for mentioning them--because I want you to concentrate +your attention on the one great demand which we make, and the one +unalterable statement we intend to adhere to, that whether guilty or +innocent, these men, according to their lights and their consciences, +were trying to serve Ireland; that any of them who were guilty were +driven into this course by the misgovernment of Ireland, and the +oppression of Ireland by an outside power, and that if we are asked to +settle this 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 the next few +months, we would succeed in getting our brethren out of prison. I don't +believe we will; ... but I am convinced of this, that there is not a man +amongst them who will ever be called upon to serve anything like the +remainder of his sentence. I am convinced that in a short time--and the +extent of its duration depends upon other circumstances--every one of +these men will be restored to liberty if only we conduct this agitation +with determination, with resolution, and I would say above all with +moderation and with wisdom.'--Mr. John Redmond, M.P., _Dublin Irish +Independent_, April 5. See 'Notes on the Bill,' p. 424. + +[101] See Mill, _Representative Government_, 1st ed. p. 300. + +[102] Of course I do not for a moment dispute the legal right of +Parliament to repeal all or any of the articles of the Treaty of Union +with Ireland. I am writing now not upon the law, but upon the ethics of +the constitution. My contention is, that, as things stand, the undoubted +assent of Great Britain (or even perhaps of England, in the narrower +sense) is morally requisite for the repeal or at any 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 retire, but certainly +he cannot have a moral, and would hardly under any system of law have a +legal, right to say, 'I do not want to leave the firm, but I insist that +the terms of partnership be remodelled wholly in my favour.' Nor again +is it conceivable that _B_ and _C_ by uniting together could in fairness +claim to impose upon _A_ disadvantages the burden of which he had never +intended to accept. + +[103] See pp. 22-31, _ante_. + +[104] 'But who proposed that Ireland should be anything else than an +integral part of the United Kingdom (Ministerial cheers), or rather of +the Empire?' (Opposition cheers).--Mr. Sexton, April 20, 1893, _Times +Parliamentary Debates_, p. 522. The confusion of ideas and the +hesitation implied in Mr. Sexton's expressions are noteworthy. + +[105] England adhered with absolute fidelity to her renunciation of the +right to legislate for Ireland. Whatever were the other flaws in the +Treaty of Union, it was no violation either of 22 Geo. III. c. 63, or of +23 Geo. III. c. 28. 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 and of the Irish Legislature. This is +elementary but has escaped the attention of Mr. Sexton (see _Times +Parliamentary Debates_, Feb. 13, 1893, p. 319), whose investigations +into the history of his country are apparently recent. + +[106] "The plan that was to be proposed was to be such as, at least in +the judgment of its promoters, presented the necessary +characteristics--I will not say of finality, because it is a discredited +word--but of a real and continuing settlement."--Mr. Gladstone, Feb. 13, +1893, _Times Parliamentary Debates_, p. 303. + +[107] See Mr. Gladstone's Irish Constitution, _Contemporary Review_, +May, 1886, p. 616. + + + + +CHAPTER IV + +PLEAS FOR THE NEW CONSTITUTION + + +Gladstonians when pressed with the manifest objections to which the new +constitution is open rely for its defence either upon general +considerations intended to show that the criticisms on the new +constitution are in themselves futile, or upon certain more or less +specific arguments, of which the main object is to establish that the +policy of Home Rule is either necessary or at least free from danger, +and that, therefore, this policy and the new constitution in which it is +to be embodied deserve a trial. + +My object in this chapter is to examine with fairness the value both of +these general considerations and of these specific arguments. + +The general considerations are based upon the alleged prophetic +character of the criticisms on the new constitution or upon the +anomalies to be found in the existing English constitution. + +Ministerialists try to invalidate strictures on the Home Rule Bill, such +as those set forth in the foregoing pages, by the assertion that the +objections are mere prophecy and therefore not worth attention. + +This line of defence may, as against Home Rulers, be disposed of at once +by an _argumentum ad hominem_. No politicians have made freer use of +prediction. Every Gladstonian speech is in effect a statement that is a +prophecy of the benefits which Home Rule will confer on the United +Kingdom. Gladstonian anticipations no doubt are prophecies of future +blessings; but whoever foretells the future is equally a prophet, +whether he announces the end of the world or foretells the dawn of a +millennium. And history affords no presumption in favour of the prophet +who prophesies smooth things. The prognostics of a pessimist may be as +much belied by the event as the hopes of an optimist. But for one +prophet to decry the predictions of another simply as prophecies is a +downright absurdity. Even among rival soothsayers some regard must be +had to fairness and common sense; when Zedekiah, the son of Chenaanah, +smote Micaiah on the cheek, he struck him not on the ground that he +prophesied but that his gloomy predictions were false. Zedekiah was an +imposter, he was not a fool, and after all Micaiah, who prophesied evil +and not good, turned out the true prophet. + +But an _argumentum ad hominem_ is never a satisfactory form of +reasoning, and it is worth while considering for a moment what is the +value of prophecy or foresight in politics. Candour compels the +admission that anticipations of the future are at best most uncertain. +Cobden and Bright foretold that Free Trade would benefit England; they +also foretold that the civilised world would, influenced by England's +example, reject protective tariffs. Neither anticipation was +unreasonable, but the one was justified whilst the other was confuted by +events. All that can be said is that on such anticipations, +untrustworthy though they may be, the conduct no less of public than of +private life depends. Criticism on anything that is new and untried, +whether it be a new-built bridge or a new-made constitution, is of +necessity predictive. But there is an essential difference between +foresight and guessing. The prevision of a philosophic statesman is +grounded on the knowledge of the past and on the analysis of existing +tendencies. It deals with principles. Such, for example, was the +foresight of Burke when he dogmatically foretold that the French +Constitution of 1791 could not stand.[108] Guessing is at best based on +acute observation of the current events of the day, that is of things +which are in their nature uncertain. On January 29, 1848, Tocqueville +analysed the condition of French society, and in the Chamber of Deputies +foretold the approach of revolution. + +On February 21, 1848, Girardin said that the monarchy of July would not +last three days longer. February 24 verified the insight and foresight +of the statesman, and proved that the journalist was an acute observer. +The difference is worth consideration. Tocqueville's prophecy would in +all probability have been substantially realised had Louis Philippe +shown as much energy in 1848 as in 1832, and had the Orleanist dynasty +reigned till after his death. Girardin's guess would not have been even +a happy hit if one of a thousand accidents had averted the catastrophe +of February 24. The worth of the arguments against or for the new +constitution depends upon the extent to which they are based upon a +mastery of general principles and upon a sound analysis of the +conditions of the time, and in these conditions are included the +character of the English and of the Irish people. But to object to +criticisms simply as prophecies is to reject foresight and to forbid +politicians who are creating a constitution for the future to consider +what will be its future working. + +Another Gladstonian argument is that because the English constitution +itself is full of paradoxes, peculiarities, and anomalies, therefore the +contradictions or anomalies which are patent in the new constitution +(such for example as the retention of the Irish members at Westminster) +are of no importance. + +The fact asserted is past dispute. Our institutions are based upon +fictions. The Prime Minister, the real head of the English Executive, is +an official unknown to the law. The Queen, who is the only +constitutional head of the Executive, is not the real head of the +Government. The Crown possesses a veto on all legislation and never +exercises it; the House of Lords might, if the House pleased, reject +year by year every Bill sent up to it by the House of Commons; yet such +a course of action is never actually pursued and could not be dreamt of +except by a madman. There is no advantage in exemplifying further a +condition of things which must be known to every person who has the +slightest acquaintance with either the law, or the custom, of the +constitution. But the inference which Gladstonian apologists draw from +the existence of anomalies is, in the strict sense of the word, +preposterous. On the face of the matter it is a strange way of reasoning +to say that because the constitution is filled with odd arrangements +which no man can justify in theory, you therefore, when designing a new +constitution, should take no care to make your arrangements consistent +and harmonious. But the Gladstonian error goes a good deal deeper than +is at first sight apparent. The anomalies or the fictions of the +constitution are in reality adaptations, often awkward enough in +themselves, of some old institution, and are preserved because, though +they look strange, they are found to work well. Thus the King of England +was at one time the actual sovereign of the State, or at any rate the +most important member of the sovereign power, and the Ministers were in +reality, what they are still in name, the King's servants. The powers of +the Crown have been greatly diminished, and have been transferred in +effect to the Houses of Parliament, or rather to the House of Commons, +and the Ministers taken from the Houses are in fact, though not in name, +servants of Parliament. This arrangement leaves an undefined and +undefinable amount of authority to the Crown. It is not an arrangement +which any man would have planned beforehand; but it is kept up, not +because it is an anomaly, but because it has, as a matter of +experience, turned out convenient. What even plausible argument can +thence be drawn to show that a new constitutional arrangement, on the +face of it awkward and inconvenient, will for some unknown reason turn +out workable and beneficial? He who reasons thus, if reasoning it can be +called, might as well argue that because an old shoe which has gradually +been worn to the form of the foot is comfortable, therefore a shoemaker +need not care to make a new shoe fit. + +These two general replies to strictures on the new constitution are in +themselves of no worth whatever. They deserve examination for two +reasons only. They are, in various shapes, put forward by politicians of +eminence, they exhibit further in a clear form a defect which mars a +good deal of Gladstonian reasoning. Ministerialists seem to think that +arguments good for the purpose of conservatism are available for the +purpose of innovation. This is an error. A conservative reasoner may +urge the uncertainty of all prevision, or the fact that the actual +constitution, though theoretically absurd or imperfect, works well, as +reasons of some weight, though not of overwhelming weight, for leaving +things as they are, but it must puzzle any sensible man to see how +either the uncertainty of prevision or the fair working of existing +institutions can be twisted into reasons for taking a political leap in +the dark. + +Let us dismiss then objections which as they are fatal to all criticism +are in reality ineffective against any criticism of our new +constitution. When this is done it will be found that the Gladstonian +pleas in favour of Home Rule, for such are in reality their apologies +for the new constitution, may be brought under two heads. They are +intended to show, first, that the concession of parliamentary +independence to Ireland is a necessity, and, secondly, that at worst it +involves no danger.[109] + + +A. _Necessity for Home Rule_. That the concession of Home Rule to +Ireland is a necessity, forms the implied, if not always the asserted, +foundation of the case in favour of Gladstonian policy. + +Ireland, it is argued, has for generations been discontented and +disloyal. Every sort of remedy has been tried. The rule of the ordinary +law, coercion, Protestant supremacy, Catholic relief, the +disestablishment of the Anglican Church, the maintenance of the English +land tenure and English landlordism, the introduction of a new system of +land tenure unknown to any other country in the world and more +favourable to tenants than the land law of any other State in Europe, +the removal of every grievance which could be made patent to the +Imperial Parliament, every plan or experiment which could approve itself +to the judgment of English politicians has been tried, and no scheme, +however plausible, has ended in success. Concession has proved as +useless as severity, and the existence in the Statute Book of a +permanent Coercion Act is a standing proof of failure. He who asserts +that Irish disloyalty or discontent has not declined understates the +case. It has increased. Grattan was a statesman of a more exalted type +than O'Connell, and Grattan was more zealous for connection with England +than was the Roman Catholic tribune. And though in Grattan's time the +grievances of Ireland were in every man's judgment far more intolerable +than, even on the showing of Home Rulers, are the wrongs which Ireland +now endures, the Ireland of Grattan was loyal to England. O'Connell was +a nobler leader than Parnell, and it would be absurd to suppose that any +Parnellite or Anti-Parnellite exerted a tenth of O'Connell's influence. +Yet Parnell and Parnell's followers have achieved a feat which the hero +of Catholic emancipation could never accomplish; O'Connell never +obtained for Repeal more than half the votes of Ireland's parliamentary +representatives; Parnell and his followers have rallied the vast +majority of Irish members in support of Home Rule. Meanwhile year by +year the government of England is weakened, and (though the argument +comes awkwardly from the mouth of English constitutionalists who are +allies and friends of conspirators and boycotters) the morality of +English public life has been undermined, by the presence at Westminster +of Irish members who, regarding the English Parliament as an alien +power, weaken its action, despise its traditions, and degrade its +character. One remedy for Irish miseries and for English dangers has not +been tried. No English statesman before Mr. Gladstone (it is urged) has +offered to Ireland the one thing which Ireland desires--the boon or +right of parliamentary independence. Be the desire for Home Rule +reasonable or not, it is Home Rule for which Ireland longs. Ireland +feels herself a nation. Satisfy then Ireland's wish, meet the feeling of +nationality, and Ireland will be at rest. This experiment must at least +be tried; its perils must be risked. The present situation is +intolerable, the concession of Home Rule to Ireland is a necessity. + +This, to the best of my apprehension, is the Gladstonian argument. My +aim has certainly been to state it fairly and in its full force. + +Is the argument valid? Is the plea of necessity made out? The answer may +be given without hesitation. It is not. The allegations on which the +whole train of reasoning rests are tainted by exaggeration or +misapprehension, and the allegations, even if taken as true, do not +establish the required inference; the premises are unsound, and the +premises do not support the conclusion. + +The premises are unsound. + +The Gladstonians are far too much of parliamentary formalists. Their +imagination and their reason are impressed by the strength in the House +of Commons of the Irish party. The eighty votes from Ireland daunt them. +But wise men must look behind votes at facts. The eighty Irish Home +Rulers are, it is true, no light matter, even when allowance is made +for the way in which corruption and intimidation vitiate the vote of +Ireland. But their voice is not the voice of the Irish people; it is at +most the mutter or the clamour of a predominant Irish faction. It is the +voice of Ireland in the same sense in which a century ago the shouts or +yells of the Jacobin Club were the voice of France. To any one who looks +behind the forms of the constitution to the realities of life, the voice +of Irish wealth, of Irish intelligence, and of Irish loyalty is at least +as important as the voice of Irish sedition or discontent. The eighty +votes must in any case be reckoned morally at not more than sixty, for +to this number they would be reduced by any fair and democratic scheme +of representation. No one can be less tempted than myself to make light +of Irish turbulence and Irish misery. But it must not be exaggerated. +The discontent of 1893 is nothing to the rebellion, sedition, or +disloyalty of 1782, of 1798, of 1829, or of 1848. If Irishmen of one +class are discontented, Irishmen of another class are contented, +prosperous, and loyal. The protest of Irish Protestants--the grandsons +of the men who detested the Union--against the dissolution of the Union, +is the reward and triumph of Pitt's policy of Union. The eighty Irish +members ask for Home Rule, but the tenant farmers of Ireland ask not for +Home Rule but for the ownership of the land; and the Irish tenant +farmers will and may under a Unionist Government become owners of their +land, and, what is no slight matter, may become owners by honest means. +Vain for Mr. M'Carthy[110] to assert that Irish farmers would not have +accepted even from Mr. Parnell the most favourable of land laws in +exchange for Home Rule. Mr. M'Carthy believes what he says, but it is +impossible for any student of Irish history or of Irish politics to +believe Mr. M'Carthy. Facts are too strong for him. Mr. Lalor showed a +prevision denied to our amiable novelist. Gustave de Beaumont understood +political philosophy better than the lively recorder of the superficial +aspects of recent English history. Mr. Parnell and Mr. Davitt, and the +whole line of witnesses before the Special Commission, tell a different +tale. The very name of the _Land_ League is significant. Home Rule was a +mere theme for academic discussion in the mouth of Mr. Butt. Repeal +itself never touched the strongest passions of Irish nature, though +advocated by the most eloquent and popular of Irish orators. Not an +independent Parliament, but independent ownership of land, has always +been the desire of Irish cultivators. It was a cry for the land which +gave force to the demand for Home Rule; and an Irish agitator, if his +strength fails, renews it by touching the earth. But why confine our +observation to Ireland? We here come upon the passions, not of Irish +nature, but of human nature. There is not a landowner in France who does +not care tenfold more for the security of his land than for the form of +the government. If peasants trembled for their property the Republic +would fall to-morrow. This is no mere conjecture; the peasantry were +Jacobins as long as the Jacobins gave them the land, they were +Imperialists whilst Napoleon was their security against a restoration +which to them meant confiscation of land purchased or seized during the +Revolution. The country population of France heard with indifference of +the fall of Louis Philippe, and possibly approved the proclamation of +the second Republic. But the communism of 1848 roused every landowner +against Paris. The peasant proprietors filled the benches of the +National Assembly with Conservatives or Reactionists who would save them +from plunder; fear became for once the cause of courage, and dread of +loss of property sent thousands of peasant proprietors to Paris, that +they might crush by force of arms the socialist insurrection of June. +Perjury, fraud, and cruelty disgraced the _coup d'etat_ of 1851. But, as +Liberals now see, the second Empire, hateful though it was to every man +who loved freedom or cared for integrity, did not owe the permanence of +its power to cunning or to violence. It was the dread of the Red Spectre +which drove the landowners of France into Imperialism; they may have +liked parliamentary liberty, it was a pleasant luxury, but they loved +their land and property, it was their life-blood, and by Socialism their +land and property was they believed menaced. + +As to the Coercion Act, no sensible man, be he Radical or Tory, need +trouble himself. The Criminal Law and Procedure (Ireland) Act, 1887, is +neither a disgrace to England nor an injury to Ireland. Its permanence, +which is the cause of its mildness, is its merit. Well would it have +been had the Act been extended to the whole United Kingdom. Local laws +are open to some of the same objections as temporary laws. The +enactment contains some improvements in our criminal procedure. There is +no more idle superstition than the belief that criminal procedure does +not, like other human arrangements, require change. If incendiarism +should become an element in the conduct of trade disputes, if dynamite +is to be recognised as a legitimate arm in political conflicts, the +criminal law of the United Kingdom will, we may be sure, need and +receive several alterations and improvements. + +By far the strongest portion of the Gladstonian argument is the stress +that can be laid on the demoralisation of Parliament, produced partly, +though not wholly, by the Irish vote. This is a consideration which, as +far as it goes, tells in favour of Home Rule. It is, however, a +consideration of which the Gladstonian apologist for the new +constitution of 1893 [can] make no use. His reasoning of necessity +stands thus: + +The presence of 80 Irish members at Westminster has demoralised +Parliament, therefore we must above all things retain 80 or possibly 103 +Irish members at Westminster. He is placed in a hopeless dilemma; he +dare not draw the only conclusion to which his argument points, namely, +that the Irish members must be excluded from the Parliament at +Westminster. By a strange fatality, the policy of 1823 retrospectively +condemns the policy of 1886, whilst the very strongest argument in +favour of the policy of 1886 condemns the policy of 1893. + +The premises, were they sound, do not support the conclusion. + +There exists undoubtedly such a thing in politics as necessity. + +When England acknowledged the independence of the Thirteen Colonies, or +when France surrendered Metz and Strasburg, no one could talk of +imprudence of impolicy. The will of Englishmen and of Frenchmen was +coerced by the force of events. When all Protestant Ireland was in arms, +when the whole Irish nation demanded parliamentary independence, when +England had been defeated in America, when France and Spain were allied +against her, then the acceptance of Grattan's declaration of right was +in truth a necessity. When Wellington became the supporter of Catholic +Emancipation because he would not face civil war, when famine was at our +gates and Peel repealed the corn laws--then again politicians could +plead the excuse of necessity. In these and like crises the wisest men +and the bravest men are forced to recognise the logic of facts; and +necessity rather than prudence dictates the course of statesmanship. But +no such crisis has now arisen. England and Ireland were as safe under +the government of Lord Salisbury as under the government of Mr. +Gladstone--perhaps safer. No one except an extremely excited and very +rhetorical politician will venture to assert that, if Lord Salisbury +instead of Mr. Gladstone had last summer gained a majority of forty, any +man or woman throughout the United Kingdom would have trembled for the +safety of the country. The sky is far less dark than on that fearful day +eleven years back[111] when England stood aghast at the assassinations +of the Phoenix Park. Irish discontent is an immense evil, of which every +just man must deplore the existence; its removal would be the greatest +benefit which statesmanship could by any possibility confer upon +England. But the immediate dealing with it in a particular way is not a +necessity. Were the Home Rule Bill, and every Home Rule Bill, rejected +by Parliament, the United Kingdom would be as safe as it has been at any +time for the last ninety years and more. + +In plain truth we have all of us forgotten the meaning of necessity. +Gladstonians have come honestly to confuse the needs of a party with the +necessities of the country. This is a delusion that at all times and in +all lands affects great political connections which, having once +rendered high services to the nation, have outlived the valid reasons +for their existence. The Republicans saved the United States from +disruption. Hence in 1888, when Secession was an historical memory, many +of the most to be respected among Americans believed that the rule of an +honest Democrat was a worse evil than the rule of a corrupt Republican. +Thousands of Frenchmen, amidst the moral bankruptcy of Republican +politicians, still hold that, because Republicans years ago saved France +from ruin, even reconciled Conservatives cannot in the year 1893 be +placed in office without danger to the commonwealth. So it is abroad; so +it has been in England. In 1760 the best and wisest of English statesmen +deemed it impossible that England should be rightly governed by any +politicians but the representatives of the Revolution Families. In 1829 +honest citizens trembled at the thought of power passing into the hands +of the Whigs; for the Tories had ruled for nearly sixty years, and the +Tories had preserved England from revolution and invasion. So at this +moment to many well-meaning Liberals the long predominance of the +Liberal party makes the possibility of a Cabinet containing politicians +who may in any sense be called Tories seem a monstrous calamity, which +it is a necessity to avert. Vain to point out that Lord Salisbury and +Mr. Balfour are such Tories as Eldon would have called Jacobins and Lord +Melbourne Radicals, and that, they are allied with the best and most +trustworthy of living Liberal leaders. Their is no arguing with +sentiment; it is necessary to keep the Gladstonian Liberals in office, +and the constitution must be sacrificed in order that Lord Salisbury may +not resume the Premiership. But there is a deeper cause than all this +for our strange ideas of necessity. Habitual ease and unvarying +prosperity have for a moment lowered the national spirit. Englishmen +confuse inconveniences with dangers; they have forgotten what real peril +is; they cannot understand the calmness with which, not a century ago, +their fathers resisted at once insurrection in Ireland and the most +powerful foreign enemy who has ever challenged the power of England, and +this too at a time when the population of Great Britain was not above +nine millions and the people of Ireland numbered more than four +millions, when France was the leading military power of the world, and +Ireland might at any moment receive the aid of a French army led by one +of the best French generals. The men of 1798 or 1800 would mock at our +ideas of necessity. Ireland has not an eighth of the population of the +United Kingdom; our Home Rulers are not Ireland; they are a very +different thing--the Irish populace. Let us yield everything which ought +to be yielded to justice; let us obey the dictates of expediency, which +is only justice looked at from another side; let us concede much to +generosity; but in the name of common sense, of honesty, and of +manliness, let us hear no more of necessity. Once in an age necessity +may be the defence of statesmanship forced to confess its own blindness, +but it is far more often the plea of tyranny, of ambition, of cowardice, +or despair. + + +B. _No danger in Home Rule_. The arguments which are employed to show +that the policy of Home Rule and the new constitution which embodies it +involve no danger for England are in the main drawn from the +'Safeguards' or Restrictions contained in the Bill--from the alleged +precedent of Grattan's Constitution--from the success of Home Rule in +other parts of the world--and, generally, from the expediency of +trustfulness. + +i. _The Safeguards_. The Restrictions on the power of the Irish +Parliament are, it is asserted, sufficient and more than sufficient to +reassure Unionists, and an intimation is sometimes added that, if +further security is wanted, further safeguards may be provided. + +This ground of confidence may be briefly dismissed; its answer is in +effect supplied by the foregoing pages. + +On the action of the Irish Executive the Restrictions place, and from +the nature of things can place, no restraint whatever, and yet both +England and the Irish Loyalists have far more reason to dread the abuse +of executive than of legislative authority. On the legal action of the +Irish Parliament the Restrictions do place a certain restraint, but the +Restrictions are, as already shown, not in reality enforceable. They are +for good purposes a nullity; they are effective, if at all, almost +wholly for evil; they exhibit the radical and fatal inconsistency of +Gladstonian policy. The policy of Home Rule is a policy of absolute and +unrestricted trust; the safeguards are based on distrust. There is +something to be said for generous confidence, and something also for +distrustful prudence; there is nothing to be said for ineffective +suspicion. + +ii. _Grattan's Constitution_. From the asserted harmony between England +and Ireland from 1782 to 1800 under Grattan's Constitution, the +inference is drawn that there is no reason to fear discord between +England and Ireland under the Gladstonian constitution of 1893. + +The fallacy underlying the appeal to this precedent has been, to use +words of Mr. Lecky, 'so frequently exposed that I can only wonder at its +repetition.'[112] Under Grattan's Constitution the Irish Executive was +appointed, not by the Irish Parliament, but by the English Ministry; the +Irish Parliament consisted solely of Protestants; it represented the +miscalled 'English garrison,' and was in sympathy with the governing +classes of England. With all this to promote harmony, the concord +between the governing powers in England and in Ireland was dubious. The +rejection of England's proposals as to trade, and the exaction of the +Renunciation Act, betray a condition of opinion which at any moment +might have produced open discord. When at last the parliamentary +independence of Ireland had led up to a savage rebellion, suppressed I +fear with savage severity, English statesmen knew that an independent +Irish Parliament threatened the existence of England. I may be allowed, +even by Gladstonians, to place the genius and patriotism of Pitt on at +least a level with the genius and patriotism of the present Premier. I +may be allowed to doubt whether Mr. Gladstone's studies, however +profound, in the history of Ireland, can, in 1893, render his +acquaintance with the circumstances and the dangers of 1800 equal to the +knowledge of the Minister who, in 1800, carried the Act of Union. And +Pitt then held that the Union with Ireland was necessary for the +preservation of England. If moreover Grattan's Constitution be a +precedent for our guidance, let us see to what the precedent points. The +leading principles or features of Grattan's Constitution are well known. +They are the absolute sovereignty of the Irish Parliament, and its +independence of and equality with the Parliament of Great Britain; the +renunciation by the British Parliament of any claim whatever to +legislate for Ireland, and of any jurisdiction on the part of any +British court to entertain appeals from Ireland; and, lastly, the +absence of all representation of Ireland in the Parliament at +Westminster. Each of these principles or features is denied or reversed +by our new Gladstonian constitution. The Irish Parliament is to be, not +a sovereign legislature, but a subordinate legislature created by +statute, and a legislature of such restricted and inferior authority as +to be unworthy of the name of a parliament. The Imperial Parliament, +with its vast majority of British members, asserts its absolute +supremacy in Ireland, and the right at its discretion to legislate for +Ireland on any matter whatever; in Ireland there is to be founded an +Imperial or British Court appointed by the Imperial Ministry, having +jurisdiction on all matters affecting Imperial rights, and the final +Court of Appeal from every tribunal in Ireland is to be the British +Privy Council. Add to this that Irish members are to sit in the +Parliament of Westminster as the 'outward and visible sign' of the +Imperial Parliament's supremacy. But if every principle of Grattan's +Constitution be contradicted by the Gladstonian constitution, if every +principle which Grattan detested is a principle which Mr. Gladstone +asserts, with what show of reason can the success, uncertain though it +be, of the Constitution of 1782 be pleaded as evidence of the probable +success of the Gladstonian constitution of 1893? That two arrangements +are unlike is to ordinary minds no proof that they will have similar +results; a parliamentary majority of forty-two may repeal the Act of +Union, but it cannot repeal the laws of logic.[113] + +iii. _Success of Home Rule_. All over the world, we are told, Home Rule +has succeeded; there are, under the government of the British Crown, at +least twenty countries enjoying Home Rule, and their local independence +causes no inconvenience to the United Kingdom or to the British Empire. +It follows therefore that Home Rule in Ireland will be a success and +will in no way disturb the peace or prosperity of the United Kingdom. + +The sole difficulty in meeting this argument is the extreme vagueness of +its principal term. The words 'Home Rule' are in their signification so +vague, at any rate as employed by Ministerialists, that they cover +governments of totally different descriptions. Hungary, Norway, a State +of the American Union, a Province of the Canadian Dominion, the Dominion +itself, Man, Jersey, and Guernsey, every English colony with +representative institutions, are each described, by one Gladstonian +reasoner or another, as happy and prosperous under Home Rule. But there +is no one who will deny that the dissimilarities between the governments +existing in each of the countries referred to are at least as striking +as are their similarities; that the contrast, for example, between the +relation of Hungary to the Austro-Hungarian Empire and the relation of +New York to the United States is at least as obvious as its likeness. +The analogy, moreover, between Home Rule in any of these countries and +Home Rule in Ireland is at best distant and shadowy.[114] + +The crisis is too serious to permit us to waste words in examining the +curiosities of the Home Rule controversy. Of Hungary, and its relation +to the Empire of which it forms part, nothing at all will here be said. +There is nothing in that relation analogous to Irish Home Rule. Nor need +we trouble ourselves with the 'Home Rule' of Rhodes, of Samos, or of the +Lebanon. Of these and any other States, if such there be, which enjoy +'Home Rule' under the supremacy of the Sultan, all that need be said is +that it is satisfactory to learn on the authority of Mr. Gladstone that +any part whatever of the Turkish Empire is well governed and happy. If +any one can seriously suppose that the prosperity of Man and the Channel +Islands, which reap all the benefits and bear none of the burdens of +connection with Great Britain, and moreover have at no time been +discontented, affords any reason for supposing that the secular +miseries and discontent of Ireland will be cured by a system of +government totally different from that which prevails either in Man, or +Guernsey, or in Jersey, let him refer to these interesting islands.[115] +For myself I shall leave them out of account. Of the cordial relations +between Sweden and Norway we hear nothing; the goodwill generated by a +system of Home Rule is bringing these countries to the brink of civil +war.[116] + +There are two analogous cases or precedents on which serious reasoners +rely in support of a policy of Home Rule for Ireland. The success of +federal government in other countries, and especially in the United +States, and the success of colonial independence throughout the British +Empire, are adduced as presumptions that Home Rule would knit together +Great Britain and Ireland, or, as the cant of the day goes, transform a +paper union into a union of hearts. If New York be loyal to the United +States, if New Zealand be loyal to the British Crown, why should not +Ireland, when endowed with local independence resembling the +independence of an American State or of a self-governing British colony, +be a loyal member of the United Kingdom?[117] + +This is the suggested argument--let us consider its validity. + +As to federalism.--All the conditions which make a federal constitution +work successfully in the United States, in Switzerland, and possibly in +Germany, are wanting in England and Ireland. No man till the last five +or six years has even suggested that Englishmen or Scotsmen desire a +federal government for its own sake. Whether Mr. Gladstone himself has +any wish to federalise the whole United Kingdom is at least open to +doubt. Where federalism has succeeded, it has succeeded as a means of +uniting separate communities into a nation; it has not been used as a +means of disuniting one State into separate nationalities. The United +States, it has been well said, is a nation under the form of a federal +government. Gladstonians apparently wish to bind together two, or shall +we say three or four, nations, or nationalities, under the reality of a +federation and the name of a United Kingdom. While all the powerful +countries of the world are increasing their strength by union, the +advocates of the new constitution pretend to increase the moral strength +of the United Kingdom by loosening the ties of its political unity. If +any one ask why federalism which has succeeded in America should not +succeed in the United Kingdom, the true answer is best suggested by +another question: Why would not the constitutional monarchy of England +suit the United States? The answer in each case is the same. The +circumstances and wants of the two countries are essentially different; +and if this be not a sufficient reply, the reflection is worth making +that in the three great Confederacies of the world unity has been +achieved, or enforced by armed conflict. + +As to colonial independence.--The plain and decisive reason why the +loyalty of New Zealand to the Empire affords no presumption of the +loyalty under our new constitution of Ireland to the United Kingdom is +this: The whole condition of New Zealand is different from the condition +of Ireland, and our new constitution is not intended to give Ireland the +position of New Zealand. Thousands of miles separate New Zealand from +Great Britain. Ireland is separated from us by not much more than twelve +miles. New Zealand has never been hostile to England; her people are +loyal to the British Crown. Ireland, or part of the Irish people, has +been divided from England by a feud of centuries; it would be difficult +among Irish Nationalists to obtain even the show of loyalty to the +Crown. New Zealand is wealthy, and New Zealand pays not a single tax +into the Exchequer of the United Kingdom. Ireland is poor, and, if her +taxation is lightened by Home Rule, the tribute which will be paid to +England will be heavy, and far more galling than the taxes she now pays +in common with the rest of the United Kingdom. The new constitution, +again, is utterly unlike a colonial constitution. Its burdens would not +be tolerated by any one of our independent colonies. The rights it +gives, no less than the obligations it imposes, are foreign to our +colonial system. The presence of the Irish representation at Westminster +forbids all comparison between Ireland under Home Rule and New Zealand +under a system of colonial independence. + +But the matter must be pressed further. Even were it possible to place +Ireland in the position either of an American State or Swiss Canton, or +of an independent colony, the arrangement would not meet the needs of +the United Kingdom. This is a point which has not as yet arrested +attention. For the safety of the United Kingdom it is absolutely +necessary that the authority of the Imperial Government, or, in other +words, the law of the land, should be enforced in Ireland in a sense in +which the law of the land is rarely enforced in federations, and in +which it is certainly not enforced by the Imperial Government in +self-governing colonies. + +In federations the law of the land is nearly powerless when opposed to +the will of a particular State. President Jackson's reported dictum, +'John Marshall[118] has delivered his judgment, let him now enforce it +if he can,' and the fact that the judgment was never enforced,[119] are +things not to be forgotten. They are worth a thousand disquisitions on +the admirable working of federalism. But there is no need to rely on a +traditional story, which, however, is an embodiment of an undoubted +transaction. The plainest facts of American history all tell the same +tale. No Abolitionist could in 1850 without peril to his life have +preached abolition in South Carolina; difficult indeed was the +enforcement of the Fugitive Slave Law and small the practical respect +paid in Massachusetts to the doctrine of the Dred Scott Case. Unless all +reports are false, the Negro vote throughout the Southern States is at +this moment practically falsified, and little do the Constitutional +Amendments benefit a Negro in any case where his conduct offends +Southern principle or prejudice. For my present argument it matters +nothing whether the oppression of individuals or the defiance of law was +or was not, in all these cases, as it certainly was in some instances, a +violation to the supreme law of the land. If the law was violated then, +why should we expect Imperial law to be of more force in Ireland than +federal law in South Carolina, or in Massachusetts? If the rights of +individuals were not adequately protected by federal law against the +injustice of a particular State, then why expect that the provisions of +our new constitution, far less stringent as they are than the protective +provisions of the United States Constitution, should avail to protect +unpopular persons in Ireland against the legal tyranny of the Irish +Executive or the Irish Parliament? + +Experience of federalism is not confined to the United States. The Swiss +Confederation is in Europe the most successful both of democratic and of +federal polities. The Swiss Executive exercises powers common to all +continental governments but of a description which no English Cabinet +could claim, and the Swiss Executive is made up of statesmen skilful +beyond measure in what may be called the diplomacy of federalism. Yet in +Switzerland, as in the United States, federal 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 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 colony. +The Victorian Premier (Mr. Service) announced in Parliament that their +landing should be hindered. The police, acting under the orders of the +Ministry, boarded the ship which brought the strangers, went near to +assaulting the captain, and forcibly prevented the hated travellers from +setting foot on shore. By arrangement between the Melbourne Government, +the captain, and the three men, who were by this time in terror of their +lives, the victims of lawlessness were carried back to England. That the +law had been grossly violated no one can really dispute. The violation +was the more serious because it excited no notice. No appeal was +apparently made to the Courts. The Governor--the representative of +Imperial power and Imperial justice--knew presumably what was going on, +yet he uttered not one word of remonstrance. The Agent-General for +Victoria, when at last a private person in England called attention to +the outrage at Melbourne, pleaded in effect the plea of necessity, and +described the act of tyranny, whereby British citizens were in a British +colony turned into outlaws, as 'an act of executive authority.' The +Imperial Government did I believe--what was perhaps the wisest thing it +could do--nothing. Imperial supremacy in the colonies was, as regards +the protection of unpopular individuals, admitted to be a farce. What, +however, rendered the three travellers unpopular? They were Irish +informers who had aided, unless I am mistaken, in the conviction of the +Phoenix Park murderers. Let us now in imagination conceive our new +constitution to have come into being, and transfer the transactions at +Melbourne in 1883 to Dublin in 1894. Will the Imperial supremacy which +is supposed to be so effective in the colonies be of any more worth in +Ireland than in Victoria?[121] + +Were it true, then, which it certainly is not, that the conditions exist +in Ireland which conduce to the maintenance of federal power in the +State of a well-arranged federation, and to the maintenance of Imperial +power in a self-governing British colony, this would not be enough to +support the argument in favour of the new constitution. For the Imperial +Government needs that the law should be maintained, and the rights of +individuals be protected, in Ireland with greater stringency than the +law is enforced or the rights of individuals are protected either under +a federal government or in a British colony. Miserable indeed would be +the position of England were she forced in Ireland to wink at +lawlessness such as but the other day disgraced New Orleans, or at mob +law countenanced by the 'Executive,' such as in 1883 ruled supreme at +Melbourne. Foreign powers at any rate would rightly decline to let the +defects of our constitution excuse the neglect of international duties. +If England cannot shuffle off her responsibilities, England is bound in +prudence to maintain her power. + +iv. _The Policy of Trust_. 'I believe myself that suspicion is the +besetting vice of politicians and that trust is often the truest +wisdom.'[122] + +This sentiment is followed by curious and ambiguous qualifications. It +is not cited for the sake of fixing Mr. Gladstone with any doctrine +whatever; it is quoted because it neatly expresses the sentiment which, +in one form or another, underlies most of the arguments in favour of +Home Rule or of our new constitution. The right attitude for a +politician, it is urged, is trust; he should trust the Irish leaders and +their assurances or professions; he should trust in the training +conferred upon men by the exercise of power; he should trust in the +healing effects of a policy of conciliation, or, to put the matter +shortly, he should trust in the goodness and reasonableness of human +nature. Exercise only a little trustfulness and the policy of Home Rule, +it is suggested, may be seen to be a wise and prudent policy.[123] + +How far, then, is trust in any of the three forms, which it may on this +occasion take, a reasonable sentiment? + +We are told to trust the Irish leaders. + +My answer to this advice is plain and decided. Confidence is not a +matter of choice. You cannot give your trust simply because you wish to +give it. Men are trusted because they are trustworthy. The Irish Home +Rule leaders as a body cannot inspire trust, for the simple reason that +their whole policy and conduct prove them untrustworthy. Politicians, +strange as the fact may appear to them, cannot get quit of their past. + +Look for a moment at the history--the patent, acknowledged history--of +the agitators or the patriots (and I doubt not that many of them are, +from their own point of view, patriotic) in whom we are asked to +confide, and whose assurances are to form the basis on which to rest a +dubious policy. They have been till recently the foes of England. This +in itself is not much; many a rebel has been the enemy of England, and +yet has been entitled to the respect of Englishmen. But there are deeds +which neither hatred to England nor love of Ireland can justify. Even +sedition has its moral code, and like war itself is subject to +obligations which no man can neglect without infamy. The conspirators +condemned by the Special Commission--and among them are to be found the +most prominent of the Irish leaders[124]--have been guilty of conduct +which no wise man ought to forget and no good man ought to palliate. +They have for years excited Irish ignorance against England and against +English officials by a system of gross incessant slander; witness the +pages of _United Ireland_ when Lord Spencer and Sir George Trevelyan +were in power at Dublin. The men whom we are told to trust are men who +did enter into a criminal conspiracy by a system of coercion and +intimidation to promote an agrarian agitation against the payment of +agricultural rents, for the purpose of impoverishing and expelling from +the country the English landlords[125]; they are men found guilty of not +denouncing intimidation which led to crime and outrage, but of +persisting in it with a knowledge of its effect.[126] They are proved to +have made payments to compensate persons injured in the commission of +crime[127]; they are men who have solicited and taken the money of +Patrick Ford, the advocate of dynamite; and have invited and obtained +the co-operation of the Clan-na-Gael.[128] Their whole system of +agitation has been utterly unlike that of honourable agitators, +conspirators, or rebels; it would have excited the horror of O'Connell; +it would have been repudiated with disgust by Davis, by Gavan Duffy, by +Smith O'Brien, and the other Irish leaders of 1848. The men who now ask +for our confidence have in their attack upon England forgotten what was +due to Ireland; they have deliberately taught Irish peasants lessons of +dishonesty, oppression, and cruelty, which the farmers of Ireland may +take years to unlearn. Of the degradation which they have gradually +inflicted upon the English Parliament one is glad to say little. It is, +however, well that the House of Commons should recollect that +parliamentary debates are open to all the world and that Englishmen and +Englishwomen see no reason why brutalities of expression should be +tolerated in the oldest representative Assembly of Europe which would be +reproved in any respectable English meeting. But you can sometimes trust +men's capacity where you cannot trust their moral feeling. Unfortunately +the Irish Parliamentary party have given us examples of their ability in +matters of government which are not reassuring. The scenes of Committee +Room No. 15[129] are a rehearsal of parliamentary life under Home Rule +at Dublin. + +But the Gladstonians, we shall be told, guarantee the good faith of +their associates. Unfortunately, as judges of character the Gladstonians +are out of court. The leader who first obtained their confidence was Mr. +Parnell. If the Home Rule Bill of 1886 had become law Mr. Parnell would +have become Premier of Ireland, and we should have been bidden to put +trust in his loyalty and his integrity. There are no Gladstonians now +who think Mr. Parnell trustworthy. Why should they be better judges of +the trustworthiness of Mr. Dillon, Mr. M'Carthy, or Mr. Davitt, than +they were of the character of the statesman who was the leader, friend +or patron of the whole Irish Parliamentary party? Note, however--for in +this matter it is essential to make one's meaning perfectly clear--I do +not allege, or suppose, that the assurances of the Irish leaders are +mendacious. They believe, I doubt not, what they say at the moment; but +their words mean very little. In a sense they believed, or did not +disbelieve, the slanderous accusations which filled the pages of _United +Ireland_. In a sense they now believe that the Home Rule Bill is a +satisfactory compromise. But the belief in each case must be considered +essentially superficial. Men are the victims of their own career: it is +absolutely impossible that leaders many of whom have indulged in +virulence, in slanders, in cruelty, in oppression, should be suddenly +credited with strict truthfulness, with sobriety, with respect for the +rights of others. Even as it is, landlords are, in Mr. Sexton's eyes, +criminals,[130] and he therefore cannot be trusted to act with fairness +towards Irish landowners. Mr. Redmond holds that imprisoned dynamiters +and other criminals should be released, whether guilty or not, and it is +therefore reasonable not to put Mr. Redmond in a position where he can +insist upon an amnesty for dynamiters and conspirators. Nor is it at all +clear that as regards amnesty any Anti-Parnellite dare dissent from the +doctrine of Mr. Redmond. It is odious, it will be said, to dwell on +faults or crimes which, were it possible, every man would wish +forgotten. But when we are asked to trust politicians who are +untrustworthy, it is a duty to say why we must refuse to them every kind +of confidence. Of the penalty for such plain speaking I am well aware. +It will be said that to attack the Irish leaders is to slander the Irish +people. This is untrue. In times of revolution men perpetually come to +the front unworthy of the nation whom they lead. To treat distrust of +the leaders of the Land League as dislike or distrust of the Irish +people is as unfair as to say that the censor of Robespierre, of Marat, +or of Barere denies that during the Revolution Frenchmen displayed high +genius and rare virtues. There are thousands of Irishmen who will +endorse every word I have written about the Irish leaders. Add to this +that I am not called upon to pronounce any further condemnation upon the +party than was pronounced upon the chief among them by the Special +Commission. All I assert is that from the nature of things the men found +guilty by the Commission cannot inspire trust. + +Power, it is often intimated, teaches its own lessons. Trust Irishmen +with the government of their own country, and you may feel confident +that experience will teach them how to govern justly. + +To this argument I need not myself provide a reply: it has been +admirably given by my friend Mr. Bryce. Every word which in the +following passage refers to the State legislatures of the United States +applies in principle to the future Parliament at Dublin:-- + + 'The chief lesson which a study of the more vicious among the State + legislatures teaches, is that power does not necessarily bring + responsibility in its train. I should be ashamed to write down so + bald a platitude were it not that it is one of those platitudes + which are constantly forgotten or ignored. People who know well + enough that, in private life, wealth or rank or any other kind of + power is as likely to mar a man as to make him, to lower as to + raise his sense of duty, have nevertheless contracted the habit of + talking as if human nature changed when it entered public life, as + if the mere possession of public functions, whether of voting or of + legislating, tended of itself to secure their proper exercise. We + know that power does not purify men in despotic governments, but we + talk as if it did so in free governments. Every one would of course + admit, if the point were put flatly to him, that power alone is not + enough, but that there must be added to power, in the case of the + voter, a direct interest in the choice of good men, in the case of + the legislator, responsibility to the voters, in the case of both, + a measure of enlightenment and honour. What the legislatures of the + worst States show is not merely the need for the existence of a + sound public opinion, for such a public opinion exists, but the + need for methods by which it can be brought into efficient action + upon representatives who, if they are left to themselves, and are + not individually persons with a sense of honour and a character to + lose, will be at least as bad in public life as they could be in + private. The greatness of the scale on which they act, and of the + material interests they control, will do little to inspire them. + New York and Pennsylvania are by far the largest and wealthiest + States in the Union. Their legislatures are confessedly the + worst.'[131] + +The passage is the more impressive just because it is not written with a +view to Ireland. No one doubts that the people of the United States, +both in morality and in talent, equal if they do not excel the people of +any other country in the world. But the warmest eulogist of America +seeks throughout his work for the explanation of the fact which is +really past dispute, that the political morality of the United States +sinks below the general morality of the nation.[132] There is not the +least reason why under a vicious constitution the government at Dublin +should not reflect or exaggerate the vices, rather than represent the +noble qualities and the gifts, of the Irish people. + +But the doctrine of trust takes another and more general form. You may +place confidence, it is alleged, in the goodness of human nature, and +should believe that the concession of Home Rule, just because it meets +the wishes of the Irish people, will take away every source of +discontent, and thereby remove any difficulty in making even an +imperfect constitution work well. + +To this the answer may fairly be made, which I have made in the +preceding pages, that Home Rule does not meet the wish of the most +important part of the Irish people, but in truth arouses their +abhorrence, and that even Home Rulers care much less than Gladstonians +suppose about constitutional changes. To give a man a vote for a +Parliament at Dublin when he is demanding an acre or two of land, comes +very near giving him a stone when he asks for bread. But I assume for a +moment that the Irishmen, who express no great enthusiasm for the Home +Rule Bill, desire the new constitution as ardently as sixty years or so +ago our fathers desired parliamentary reform. Yet even on this +assumption the belief in Home Rule as a panacea for Irish ills is +childish, and belongs to a bygone stage of opinion. We now know that +changes in political machinery, however important, do not of themselves +produce content. A poverty-stricken peasant in Connaught will not be +made happy because a Parliament meets at Dublin. We now further know +that the difficulty of satisfying popular aspirations often arises from +the fundamental faults of human nature. Trust in the people may often be +wiser than distrust, but to suppose that masses of men are wiser, more +reasonable, or more virtuous than the individuals of which they consist, +is as idle a political delusion as the corresponding ecclesiastical +delusion that a church has virtues denied to the believers who make up +the church. On this point an anecdote makes my meaning clearer than an +argument. On May 15, 1848, the French National Assembly was invaded by +an armed mob, who shouted and yelled for three hours and more, and +threatened at any moment to slaughter the representatives of France. +From June 22-26, 1848, there raged the most terrible of the +insurrections which Paris has seen. For the first time in modern history +the workmen of the capital rose against the body of the more or less +well-to-do citizens. There was not a man in Paris who did not tremble +for his property and his life. Householders feared the very servants in +their homes. Between these days of ferocity intervened a day of +sentiment. On May 21, 1848, the Assembly attended a Feast of Concord. +There were carts filled with allegorical figures, there were +processions, there were embraces; the whole town, soldiers, national +guards, gardes mobiles, armed workmen, a million of men or more, passed +in array before the deputies. The feast was a feast of concord, but +every deputy had provided himself with pistols or some weapon of +defence. This was the occasion when we are told by the reporter of the +scene, 'Carnot said to me with a touch of that silliness (_niaiserie_) +which is always to be found mixed up with the virtues of honest +democrats, "Believe me, my dear colleague, you must always trust the +people." I remember I answered him rather rudely, "Ah! why didn't you +remind me of that on the day before May 15?"' The anecdote is told by +the greatest political thinker whom France has produced since the days +of Montesquieu. 'Trust in the people' did not appear the last word of +political wisdom to Alexis de Tocqueville.[133] + +The Gladstonian pleas to which answer has been made are, it will be +said, arguments not in favour of our new constitution, but in support of +Home Rule. The remark is just; it points to a curious weakness in the +reasoning of Gladstonians. They adduce many reasons of more or less +weight for conceding some kind of Home Rule to Ireland. But few indeed +are the reasons put forward, either in the House of Commons or +elsewhere, in favour of the actual Home Rule Bill of 1893. As to the +merits of this definite measure Ministerialists show a singular +reticence. It may be that they wish to save time and hold that the +measure commends itself without any recommendation by force of its own +inherent merits. But to a critic of the new constitution another +explanation suggests itself. Can it be possible that Ministerialists +themselves are not certain what are the fixed principles of the new +policy? Everything about it is indefinite, vague, uncertain. Who can say +with assurance what Gladstonians understand by Imperial supremacy? Is +there or is there not any idea of excluding Ulster from the operation of +the Bill? Is it or is it not a principle that members from Ireland shall +be summoned to Westminster? Are the Irish members, if summoned, to vote +on all matters, or on some only? To each of these questions the only +answer that can be given is--nobody knows. But in this state of +ignorance it is natural and excusable that apologists should confine +themselves to general lines of defence. No politician who respects +himself would willingly risk a vigorous apology for the special +provisions of a particular measure, when, for aught he knows, the +provision which he thinks essential turns out to be an unimportant +detail, and is liable to sudden variation. + +FOOTNOTES: + +[108] 'I have told you candidly my sentiments. I think they are not +likely to alter yours.... But hereafter they may be of some use to you, +in some future form which your commonwealth 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 of untried +being," and in all its transmigrations to be purified by fire and +blood.'--_Burke's Works_, ii. (ed. 1872), p. 517, 'Reflections on the +Revolution in France.' + +[109] As to the general causes of the strength of the Home Rule movement +in England, and the general considerations in its favour, see _England's +Case against Home Rule_ (3rd ed.), ch. iii. and iv. pp. 34-127. From the +opinions expressed in these chapters I see no reason for receding. + +[110] Mr. M'Carthy, April 10, 1893, _Times Parliamentary Debate_, 353. + +[111] [May 6, 1882. Now twenty-nine years back.] + +[112] Every one should read Mr. Lecky's letter of April 4, 1893, +addressed to the Belfast Chamber of Commerce, and printed in the +_Chamber's Reply_ to Mr. Gladstone's speech. It deals immediately not +with the relations between England and Ireland, 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_ which +refers to Grattan's Parliament bears out the contention, that no +inference can be drawn from it as to the successful working, as regards +either England or Ireland, of the legislature to be constituted under +the Home Rule Bill. + +[113] Add also that steamboats and railways have practically, since the +time of Grattan, brought Ireland nearer to England, and Dublin nearer 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 crossing from +Holyhead to Dublin. Mr. Morley can attend a Cabinet Council at +Westminster one afternoon and breakfast next morning in Dublin. + +[114] With the conclusions as to Home Rule of my lamented friend Mr. +Freeman it is impossible for me to agree. But for that very reason I can +the more freely insist upon the merit of his paper on _Irish 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 relation of Home Rule and +afford no analogy to the relation which Home Rulers propose to establish +between Great Britain and Ireland. See _The New Princeton Review_ for +1888, vol. vi. pp. 172, 190. + +[115] A Gladstonian who thinks the case of the Channel Islands in point, +would do well to get up the facts of their history. They were no more +'given' a constitution by England than, as most Frenchmen believe, they +were conquered from France. See Mr. Haldane, April 7, 1893, _Times +Parliamentary Debates_, p. 333. + +[116] They have now (1911) led to political separation, happily without +the need for civil war. + +[117] See further on this point, Home Rule as Federalism, _England's +Case against Home Rule_ (3rd ed.), pp. 160-197, and for Home Rule as +Colonial Independence, _ib_. pp. 197-218. + +[118] Then the Chief Justice of the Supreme Court of the United States. + +[119] See 'Andrew Jackson,' _American Statesmen Series_, p. 182. + +[120] Hilty, _Separatabdruck aus dem Politischen Jahrbuch der +Schweizerischen Eidgenossenschaft_ (_Jahrgang_ 1891), p. 377. + +[121] For the story of Kavanagh, Hanlon, and Smith, and their attempted +landing at Melbourne, see _England's Case_ (3rd ed.), p. 207. + +[122] Mr. Gladstone, February 13, 1893, _Times Parliamentary Debates_, +p. 307. + +[123] An eminent and very able Gladstonian M.P. once said in my +presence, in effect, for I cannot cite his actual words, that the +difference between Gladstonians and Unionists was a difference in their +judgment of character or of human nature. He touched I believe far more +nearly than do most politicians the root of the differences which divide +the authors and the critics of our new constitution. + +[124] Report of Special Commission, pp. 54, 55. + +[125] _Ibid_. pp. 53, 119. + +[126] _Ibid_. pp. 119, 120. + +[127] Report of Special Commission, p. 120. + +[128] _Ibid_. + +[129] This Committee Room was the scene of the desertion of Parnell by +the majority of his former followers. + +[130] 'The crime of the Land League was a trifle compared to the crime +of the landlords.'--Mr. Sexton, April 20, 1893, _Times Parliamentary +Debates_, p. 525. + +[131] Bryce, _American Commonwealth_ (1st ed.), ii. pp. 190, 191. + +[132] Compare _ibid_. ii. p. 618. + +[133] 'Carnot me dit avec cette niaiserie que les democrates honnetes ne +manquent guere de meler a leur vertu: "Croyez-moi, mon cher collegue, il +faut toujours se fier au peuple." Je me rappelle que je lui repondis +assez brusquement: "Eh! que ne me disiez-vous cela la veille du 15 +mai?"'--_Souvenirs de Alexis de Tocqueville_, p. 196. + + + + +CHAPTER V + +THE PATH OF SAFETY + + +We stand on the brink of a precipice.[134] To say that Englishmen are +asked to take a leap in the dark is far to understate the peril of the +moment. We are asked to leave an arduous but well-known road, and to +spring down an unfathomed ravine filled with rocks, on any one of which +we may be dashed to pieces. + +The very excess of the peril hides its existence from ordinary citizens. +Mr. Gladstone, they argue, is a wise man and a good man, his colleagues +are partisans, they are not conspirators; it is incredible that they +should recommend a measure fraught with ruin to England. But the matter +is intelligible enough. Mr. Gladstone's weakness, no less than his +strength, has always lain in his temporary but exclusive preoccupation +with some one dominant idea. The one notion which possesses his mind--to +judge from his public conduct and speeches--is that at any cost Home +Rule, that is, an Irish Executive and an Irish Parliament, must be +conceded to Ireland. Enthusiasm, pride, ambition, all the motives, good +and bad, which can influence a statesman, urge him to achieve this one +object. If he succeeds his political career is crowned with victory, if +not with final triumph; if he fails his whole course during the last +seven years turns out an error. But it has long been manifest that only +with the greatest difficulty can English electors be persuaded to accept +Home Rule. Hence it has been found essential that the principles of the +measure should not be known before the time for passing it into law. +Hence the ill-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 in reality the fact +which governs the character of the new constitution. To imply that such +a matter can be treated as subsidiary is, in the eyes of any student of +constitutions, as ridiculous as it would seem to Mr. Gladstone for a +Chancellor of the Exchequer, on introducing his budget, to assert that, +whether he maintained or did not maintain the income tax, was an organic +detail which did not fundamentally affect his financial proposals. The +Ministry are as much at sea as their chief; nor is this wonderful. There +are two things of which English statesmen have had little experience. +The one is a revolutionary movement, the other is the construction of a +constitution. But the Home Rule Bill is at once the effect and the sign +of a revolutionary movement, and the task in which the Gladstonians are +engaged is the formation of a new constitution. Blind leaders are +leading a blind people, and our blind leaders, some of whom care more +for Radical supremacy in England than for Imperial supremacy in Ireland, +are like many other men of our time, the slaves of phrases, such as +'trust in the people,' which pass muster for principles. If the blind +lead the blind, what wonder if they stumble over a precipice? + +The peril in which the country stands is concealed from us by a curious +reaction of opinion. Good political institutions, it was at one time +held, were the cause of a nation's happiness, and England, it was firmly +believed, owed her prosperity wholly to her constitution. A century of +revolutions has taught us all that a good form of government cannot of +itself save a state from ruin, and many of us have come to think that +forms of government are nothing, and that no constitutional changes can +impair the strength of England. No delusion however is more patent or +more noxious. Never was a country richer in the elements of strength +than were the Thirteen Colonies when their independence was acknowledged +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 forty[135] years back, she could hardly maintain her +rights and her dignity against Austria, the classical instance of +Germany, which though possessed of every source of power lay for +generations at the mercy of France, mainly on account of vicious +political institutions, are proofs, if evidence were wanting, of the +capacity of ill-designed constitutions to hamper the action and threaten +the prosperity of great nations. A constitution in truth is a national +garb. A good constitution will not make a weak country strong, but an +unsuitable constitution may reduce a strong country to feebleness. A +weakling does not become a strong man by putting on armour, but a giant +can derive no advantage from his strength if once he be got by fraud or +force into a strait waistcoat. + +Strength, it is true, will in the long run assert itself. The artificial +supremacy of Ireland, or of a faction supported by Irish votes, will not +last for ever; probably it will not last long. If the new constitution +prove unbearable by England it will not be borne; it will be overthrown +or evaded. Far am I from asserting that the breach or evasion will, 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 +terrible periods in which the observation of pledged faith seems +inconsistent with the natural dictates of honour and humanity, and weak +concession at the present moment will, at such a crisis, be found to +have contained among its other perils the danger lest England, when at +last she re-asserts her power in Ireland, should not re-establish her +justice. + +Where then lies the path of safety? The road is difficult, but it is +clearly marked; it is at any rate to be found, not by any exercise of +subtlety or of extraordinary acuteness, but by obeying the plain +dictates of common sense and sound public morality. The characteristics +of Unionist policy must be seriousness, simplicity, and reliance upon +an appeal to the nation. + +Seriousness is essential. + +The need of the time is to impress on the mass of the people the intense +gravity of the crisis. Far too much was said before the general election +about the weaknesses and the inconsistencies of the Gladstonians, and +far too little about the causes of their strength and the absolute +necessity for arduous efforts to defeat the Separatists at the +polling-booths. The error must not be repeated. + +The people must be told, as they may be told with absolute truth, that +the fate of England is in question, and that nothing but the efforts of +every Unionist throughout the land can save the country from +destruction. The contest has, without either party being aware of the +change, shifted its character since 1886. Then the names of Unionists +and Separatists expressed the whole difference between the opponents and +supporters of the Home Rule Bill. The Gladstonians for the most part +meant the Bill to affect, as far as possible, the condition of Ireland +alone. They did not mean to change the constitution of the United +Kingdom. It is now 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 English statesmen with revolutionary +doctrines and revolutionary sentiment. The difference between Unionist +and Separatist remains, but it is merged in the wider difference between +Constitutionalists and Revolutionists. The question at issue is not +merely, though this is serious enough, whether the Act of Union shall be +repealed or relaxed, but whether the United Kingdom is morally a nation, +and whether as a nation it has a right to insist upon the supreme +authority belonging to the majority of its citizens. A similar question +was some thirty-two years ago put to the people of the United States; it +was decided by the arbitrament of battle. + +The terrible calamity of an appeal to the test of force Englishmen may +avoid, but if it is to be avoided the national rights of the whole +people of the United Kingdom must be asserted as strenuously by their +votes as the rights of the citizens of the United States were vindicated +by their arms. The people of England again must be solemnly warned that +errors in policy or acts of injustice may snatch from us the power of +determining a political controversy at the ballot-box instead of on the +battle-field. It is folly to raise cases on the constitution; it is +always of the most doubtful prudence to handle the casuistry of +politics. Nothing will tempt me to discuss in these pages what are the +ethical limits to the exercise of constitutionally 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 condemned policy of Protestant ascendency. +Gladstonians hold that the democracy of England may ally itself with the +democracy of Ireland, and may treat lightly the rights and the wishes of +a Protestant and Conservative minority. In bygone times the aristocratic +and Protestant government of England allied itself with the Protestant +and aristocratic government of Ireland, and held light the rights and +the wishes of the Catholic majority. Each policy labours under the same +defect. The enforced supremacy of a class, be it a minority or a +majority, is opposed to the equitable principle of the supremacy of the +whole nation. There is no reason to suppose that Catholic ascendency +will be found more tolerable than was Protestant ascendency. + +The policy of Unionism should be marked by simplicity. + +The Unionist leaders have a clear though a difficult duty to perform. +Their one immediate function is resistance to a dangerous revolution. +Logically and politically, there was a good deal to be said for the +deliberate refusal to discuss, or to vote upon, any of the details of +the Home Rule Bill. There is always a danger lest the attempt to amend a +radically and essentially vicious measure should promote the 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 decided +that abstention from debate would be an error. As far as the matter is +to be looked at from a parliamentary point of view their judgment is +decisive, and since the policy of combating the Bill point by point has +been adopted it should be carried out, as it is being carried out, with +the utmost stringency. Minute discussion of the clauses of the Bill is +elaborate instruction for the mass of the nation. + +To the cry of obstruction no heed whatever need be paid. As long as +there is real discussion obstruction becomes, when the matter in debate +is the formation of a new constitution for the United Kingdom, an +impossibility. The business needs the most careful consideration. +Ministers themselves are uncertain as to what are the essential +principles of their own scheme. Every detail involves a principle, and +in a Bill where clearness is of vital importance, every clause involves +an ambiguity. Each part moreover of the new constitution must be +considered with regard to the rest, and the expression of different +views as to the meaning of the Bill is of itself of utility, when it is +of the greatest importance that Englishmen and Irishmen, Conservatives +and Radicals, should be agreed as to the 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 seven +years.' So, I reply, they might, if it had pleased the Gladstonians +either to produce their Bill or to announce its general principles. +Their silence was politic; it won them a majority at the general +election, but you cannot from the nature of things combine the +advantages both of reticence and of outspokenness. Silence may have been +justified as a piece of clever party tactics; it is a very different +question whether the concealment of seven years has turned out high +statesmanship. Gladstonians, like other men, cannot, as the saying goes, +have their cake and eat it. They have had the advantages, they are now +paying the inevitable price of reserve. Unionists in any case are bound +to turn this invaluable time to account. Discussion of the constitution +is the education of the people. + +In order, however, that this political training may be effective, our +parliamentary teachers must take care that the public are not confused +by the prominence necessarily given to details. Minute criticism of the +Bill is important, but at the present moment it is important only as +enforcing the radical vice of its main principles. No effort must be +spared to keep the mind 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, above all the injustice to +England and the injury to Ireland of retaining, under a system of Home +Rule, even a single Irish representative at Westminster, these broad +considerations are the things which should be pressed, and pressed home, +upon the electors. Minor matters are good topics for parliamentary +discussion, but should not receive a confusing and illusory prominence. + +The electors again must be made to feel that it is the essential +principle of Home Rule, the setting up of an Irish Government and an +Irish Parliament, to which Unionists are opposed. The least appearance +of concession to Home Rulers, or any action which gives increased +currency to the delusion, certainly cherished by some moderate +Gladstonians, that Home Rule can be identified with or cut down to +extended local self-government,[136] will be fatal to the cause of +Unionism. 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, it would +rather be the destruction of Unionism. The one course of safety is to +take care that at the next general election the country has laid before +it for determination a clear and unmistakable issue. The question for +every elector to answer must be reducible to the form Aye or No; will +you, or will you not, repeal the Union and establish an Irish Executive +and an Irish Parliament in Dublin? If the question be so raised +Unionists have no reason to fear an answer. + +The policy of Unionism has always relied on an appeal to the nation. + +The one desire of Unionists has always been to fight their opponents on +the clear unmistakable issue of Home Rule. The policy of Separatists 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 +Newcastle programme, as well as many others, with the one essential +question whether we should or should not repeal or modify the Act of +Union. + +To their policy of appeal to the people the Unionists will, of course, +adhere. The House of Lords will, it may be presumed, as a matter not so +much of right as of obvious duty, reject the present Home Rule Bill, so +as to refer to the electors of the United Kingdom the question whether +we shall, or shall not, have a new constitution. Even if such a +reference to the electors should result in a Gladstonian majority, it is +still possible that a further 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 +important function of the House of Lords at the present day is to take +care that no fundamental change in the constitution takes place which +has not received the undoubted assent of the nation. The peers are more +and more clearly awakening to the knowledge that under the circumstances +of modern public life this protection of the rights of the nation, which +is in complete conformity with democratic principle, is the supreme duty +of the Upper House. + +The question, however, to be considered at the moment is whether for the +performance of this duty something more may not be required than the +compelling of a dissolution. This something more is a direct appeal to +the electors in the nature of a Referendum. The question is still a +theoretical one; it cannot (unfortunately as it will appear to many +persons) be raised during the debates on the Bill in the House of +Commons. When the Bill reaches the House of Lords, it will, we may +suppose, be rejected, and all that a Unionist can wish for is, first, +that before actual rejection its general principles should be subjected +to complete discussion, and what is in this case the same thing, +exposure, and next that the House of Lords should, if necessary, take +steps which can easily be imagined, for providing that the rejection of +the Bill shall entail a dissolution. If, however, the dissolution should +result in a Gladstonian majority, and should lead to another Home Rule +Bill being sent up to their lordships, the question then arises as to +the Referendum. My own conviction, which has been before laid before the +public, is that the Lords would do well if they appended to any Home +Rule Bill which they were prepared to accept a clause which might make +its coming into force depend upon its, within a limited time, receiving +the approval of the majority 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 country. It affords the one available +check on the recklessness of party leaders; for the check is at once +effective and in perfect conformity with democratic principle and +sentiment. A second objection is that a Referendum renders any law which +obtains the approval of the electors more difficult of alteration than +an ordinary Act of Parliament. The allegation is true, but it really +tells greatly in favour of an ultimate reference to the people of any +Home Rule Bill passed in a Parliament. If such a Bill becomes law, it +ought to be a law not admitting of easy repeal. No doubt reaction may be +justifiable, but reaction is a great evil, and the Referendum puts a +check as well on reaction as on hasty innovation. In any case the time +has arrived when Unionist statesmen should consider the expediency of +announcing that no Home Rule Bill will finally be accepted until it has +undergone a reference to and received the approval of the electors. On +no better issue could battle be joined with revolutionists than on the +question whether the people of the United Kingdom should or should not +be allowed to express their will. Unionists have every reason to feel +confidence in their cause; their only policy, their one path of safety +is to make it, as they can do, absolutely plain that they rely upon +justice, and that they appeal from parties to the nation. + +We have now before us the essential features of the new constitution +framed by Gladstonians for the whole United Kingdom. We know its +inherent defects and inconsistencies; we have considered what may be +said on its behalf, or 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 since the day when the National +Assembly of France drew up that Constitution of 1791, which built to be +eternal endured for not quite a year, has an ancient nation been so +strangely invited to accept an untried and unknown polity. + +The position indeed of the French constitution-makers was in some +respects stronger and more defensible than the position of our English +innovators. The members of the National Assembly knew precisely what +they were doing. They meant to alter the fundamental institutions of +France. A change 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 +regime_ was detestable. Individuals or nations may wisely risk much when +they are escaping from a social condition which they detest, they may +know that an innovation is in itself of doubtful expediency, yet may +consider any alleged reform worth a trial when no change can be a change +for the worse. In the France of 1791 confidence in the future meant +abhorrence of the past. + +The authors of our new constitution can hardly be called the designers +of their own handiwork; they have been the sport of accident. Their +intention, or rather the intention of their leader, was in 1886 merely +to grant some sort of Parliamentary independence to Ireland. The +resolution to concede Home Rule was sudden; it may have been taken up +without due weighing of its consequences. It has assuredly led to +unexpected results. The statesmen who meant merely to give Home Rule to +Ireland have stumbled into the making of a new constitution for the +United Kingdom. What wonder that their workmanship betrays its +accidental origin. It has no coherence, no consistency; nothing is +called by its right name, and words are throughout substituted for +facts; the new Parliament of 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 of fundamental change, whereof +the effect is uncertain, conjectural, and perilous, and the permanence +is not guaranteed by its authors, Englishmen are well satisfied with +their old constitution; they may desire its partial modification or +expansion, they have never even contemplated its overthrow. Politicians, +in short, who meant to initiate a moderate reform, are pressing a +revolutionary change on a country which neither needs nor desires a +revolution; they propose to get rid of grave, though temporary, +inconveniences by a permanent alteration of which no man can calculate +the results in our whole system of government. Never before was a nation +so strangely advised by such bewildered counsellors to take for so +little apparent reason so desperate a leap in the dark. + +FOOTNOTES: + +[134] The whole gist of this chapter applies to the state of England in +1911 with greater force than even to its condition in 1893. Home Rule +will be carried, if at all, only by a House of Commons freed from the +authority of the House of Lords, and from the need of an appeal to the +people. + +[135] Now sixty-one years. + +[136] If any one wishes to see the difference between local +self-government and Home Rule, let him compare the Bill for the +extension of self-government in Ireland, brought in by the late +Ministry, with the Home Rule Bill. 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 Rule. The most extended Local Government +Bill and the most restricted Home Rule Bill differ fundamentally in +principle. The one in effect denies, the other in effect concedes, a +separate national government to Ireland. + +[137] See pp. 119-121, _ante_. + + + + +APPENDIX + + +GOVERNMENT OF IRELAND BILL + +ARRANGEMENT OF CLAUSES + +_Legislative Authority_ +Clause. +1. Establishment of Irish Legislature. +2. Powers of Irish Legislature. +3. Exceptions from powers of Irish Legislature. +4. Restrictions on powers of Irish Legislature. + +_Executive Authority_ +5. Executive power in Ireland. + +_Constitution of Legislature_ +6. Composition of Irish Legislative Council. +7. Composition of Irish Legislative Assembly. +8. Disagreement between two Houses, how settled. + +_Irish Representation in House of Commons_ +9. Representation in Parliament of Irish counties and boroughs. + +_Finance_ +10. As to separate Consolidated Fund and taxes. +11. Hereditary revenues and income tax. +12. Financial arrangements as between United Kingdom and +Ireland. +13. Treasury Account (Ireland). +14. Charges on Irish Consolidated Fund. +15. Irish Church Fund. +16. Local loans. +17. Adaptation of Acts as to Local Taxation Accounts and probate, etc., +duties. +18. Money bills and votes. +19. Exchequer judges for revenue actions, election petitions, etc. + +_Post Office Postal Telegraphs and Savings Banks_ +20. Transfer of post office and postal telegraphs. +21. Transfer of savings banks. + +_Irish Appeals and Decision of Constitutional Questions_ +22. Irish appeals. +23. Special provision for decision of constitutional questions. + +_Lord Lieutenant and Crown Lands_ +24. Office of Lord Lieutenant. +25. Use of Crown lands by Irish Government. + +_Judges and Civil Servants_ +26. Tenure of future judges. +27. As to existing judges and other persons having salaries charged on +the Consolidated Fund. +28. As to persons holding civil service appointments. +29. As to existing pensions and superannuation allowances. + +_Police_ +30. As to Police. + +_Miscellaneous_ +31. Irish Exchequer Consolidated Fund and Audit. +32. Law applicable to both Houses of Irish Legislature. +33. Supplemental provisions as to powers of Irish Legislature. +34. Limitation on borrowing by local authorities. + +_Transitory Provisions_ +35. Temporary restriction on powers of Irish Legislature and Executive. +36. Transitory provisions. +37. Continuance of existing laws, courts, officers, etc. +38. Appointed day. +39. Definitions. +40. Short title. + + + + +SCHEDULES + +A BILL TO AMEND THE PROVISION FOR +THE GOVERNMENT OF IRELAND[138] + + +Whereas it is expedient that without impairing or restricting the +supreme authority of Parliament, an Irish Legislature should be created +for such purposes in Ireland as in this Act mentioned: + +Be it therefore enacted by the Queen's most Excellent Majesty, by and +with the advice and consent of the Lords Spiritual and Temporal, and +Commons, in this present Parliament assembled, and by the authority of +the same, as follows: + + +_Legislative Authority_ + +1. _On and after the appointed day_ there shall be in Ireland a +Legislature consisting of Her Majesty the Queen and of two Houses, the +Legislative Council and the Legislative Assembly. + +2. With the exceptions and subject to the restrictions in this Act +mentioned, there shall be granted to the Irish Legislature power to +make laws for the peace, order, and good government of Ireland in +respect of matters exclusively relating to Ireland or some part thereof. + +3. The Irish Legislature shall not have power to make laws in respect of +the following matters or any of them:-- + + (1) The Crown, or the succession to the Crown, or a Regency; or the + Lord Lieutenant as representative of the Crown; or + + (2) The making of peace or war or matters arising from a state of + war; or + + (3) Naval or military forces, or the defence of the realm; or + + (4) Treaties and other relations with foreign States or the + relations between different parts of Her Majesty's dominions or + offences connected with such treaties or relations; or + + (5) Dignities or titles of honour; or + + (6) Treason, treason-felony, alienage, or naturalisation; or + + (7) Trade with any place out of Ireland; or quarantine, or + navigation (except as respects inland waters and local health or + harbour regulations); or + + (8) Beacons, lighthouses, or sea marks (except so far as they can + consistently with any general Act of Parliament be constructed or + maintained by a local harbour authority); or + + (9) Coinage; legal tender; or the standard of weights and measures; + or + + (10) Trade marks, merchandise marks, copyright, or patent rights. + +Any law made in contravention of this section shall be void. + +4. The powers of the Irish Legislature shall not extend to the making of +any law-- + + (1) Respecting the establishment or endowment of religion, or + prohibiting the free exercise thereof; or + + (2) Imposing any disability, or conferring any privilege, on + account of religious belief; or + + (3) Abrogating or prejudicially affecting the right to establish or + maintain any place of denominational education or any + denominational institution or charity; or + + (4) Prejudicially affecting the right of any child to attend a + school receiving public money, without attending the religious + instruction at that school; or + + (5) Whereby any person may be deprived of life, liberty, or + property without due process of law, or may be denied the equal + protection of the laws, or whereby private property may be taken + without just compensation; or + + (6) Whereby any existing corporation incorporated by Royal Charter + or by any local or general Act of Parliament (not being a + corporation raising for 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 obtained on address + from the two Houses of the Irish Legislature, be deprived of its + rights, privileges, or property without due process of law; or + + (7) Whereby any inhabitant of the United Kingdom may be deprived of + equal rights as respects public sea fisheries. + +Any law made in contravention of this section shall be void. + + +_Executive Authority_ + +5.--(1) The executive power in Ireland shall continue vested in Her +Majesty the Queen, and the Lord Lieutenant, on behalf of Her Majesty, +shall exercise any prerogatives or other executive power of the Queen +the exercise of which may be delegated to him by Her Majesty, and shall, +in Her Majesty's name, summon, prorogue, and dissolve the Irish +Legislature. (2) There shall be an Executive Committee of the Privy +Council of Ireland to aid and advise in the government of Ireland, being +of such numbers, and comprising persons holding such offices, as Her +Majesty may think fit, or as may be directed by Irish Act. (3) The Lord +Lieutenant shall, on the advice of the said Executive Committee, give or +withhold the assent of Her Majesty to Bills passed by the two Houses of +the Irish Legislature, subject nevertheless to any instructions given by +Her Majesty in respect of any such Bill. + + +_Constitution of Legislature_ + +6.--(1) The Irish Legislative Council shall consist of _forty-eight_ +councillors. (2) Each of the constituencies mentioned in the First +Schedule to this Act shall return the number of councillors named +opposite thereto in the schedule. (3) Every man shall be entitled to be +registered as an elector, and when registered to vote at an election, of +a councillor for a constituency, who owns or occupies any land or +tenement in the constituency of a rateable value of more than _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 five of the Representation of the People Act, 1884, +as the case may be: Provided that a man shall not be entitled to be +registered, nor if registered to vote, at an election of a councillor in +more than one constituency in the same year. (4) The term of office of +every councillor shall be _eight_ years, and shall not be affected by a +dissolution; and one _half_ of the councillors shall retire in every +_fourth_ year, and their seats shall be filled by a new election. + +7.--(1) The Irish Legislative Assembly shall consist of _one hundred and +three_ members, returned by the existing parliamentary constituencies in +Ireland, or the existing divisions thereof, and elected by the +parliamentary electors for the time being in those constituencies or +divisions. (2) The Irish Legislative Assembly when summoned may, unless +sooner dissolved, have continuance _for five_ years from the day on +which the summons directs it to meet and no longer. (3) After _six_ +years from the passing of this Act, the Irish Legislature may alter the +qualification of the electors, and the constituencies, and the +distribution of the members among the constituencies, provided that in +such distribution due regard is had to the population of the +constituencies. + +8. If a Bill or any provision of a Bill adopted by the Legislative +Assembly is lost by the disagreement of the Legislative Council, and +after a dissolution, or the period of _two years_ from such +disagreement, such 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 submitted to the members of the two Houses deliberating and +voting together thereon, and shall be adopted or rejected according to +the decision of the majority of those members present and voting on the +question. + + +_Irish Representation in House of Commons_ + +9. Unless and until Parliament otherwise determines, the following +provisions shall have effect-- + + (1) After _the appointed day_ each of the constituencies named in + the Second Schedule to this Act shall return to serve in Parliament + the number of members named opposite thereto in that schedule, and + no more, and Dublin University shall cease to return any member. + + (2) The existing divisions of the constituencies shall, save as + provided in that schedule, be abolished. + + (3) An Irish representative peer in the House of Lords and a member + of the House of Commons for an Irish constituency shall not be + entitled to deliberate or vote on-- + + (_a_) any Bill or motion in relation thereto, the operation of + which Bill or motion is confined to Great Britain or some part + thereof; or + + (_b_) any motion or resolution relating solely to some tax not + raised or to be raised in Ireland; or + + (_c_) any vote or appropriation of money made exclusively for some + service not mentioned in the Third Schedule to this Act; or + + (_d_) any motion or resolution exclusively affecting Great Britain + or some part thereof or some local authority or some person or + thing therein; or + + (_e_) any motion or resolution, incidental to any such motion or + resolution as either is last mentioned, or relates solely to some + tax not raised or to be raised in Ireland, or incidental to any + such vote or appropriation of money as aforesaid. + + (4) Compliance with the provisions of this section shall not be + questioned otherwise than in each House in manner provided by the + House. + + (5) The election laws and the laws relating to the qualification + of parliamentary electors shall not, so far as they relate to + parliamentary elections, be altered by the Irish Legislature, but + 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 for Her Majesty by Order in Council to arrange for the + issue of such writs, and the writs issued in pursuance of such + Order shall be of the same effect as if issued in manner + heretofore accustomed. + + +_Finance_ + +10.--(1) _On and after the appointed day_ there shall be an Irish +Exchequer and Consolidated Fund separate from those of the United +Kingdom. (2) The duties of customs and excise and the duties on postage +shall be imposed by Act of Parliament, but subject to the provisions of +this Act the Irish Legislature may, in order to provide for the public +service of Ireland, impose any other taxes. (3) Save as in this Act +mentioned, all matters relating to the taxes in Ireland and the +collection and management thereof shall be regulated by Irish Act, and +the same shall be collected and managed by the Irish Government and form +part of the public revenues of Ireland: Provided that-- + + (_a_) the duties of customs shall be regulated, collected, managed, + and paid into the Exchequer of the United Kingdom as heretofore; + and + + (_b_) all prohibitions in connection with the duties of excise, and + so far as regards articles sent out of Ireland, all matters + relating to those duties, shall be regulated by Act of Parliament; + and + + (_c_) the excise duties on articles consumed in Great Britain shall + be paid in Great Britain or to an officer of the Government of the + United Kingdom. + +(4) Save as in this Act mentioned, all the public revenues of Ireland +shall be paid into the Irish Exchequer and form a Consolidated Fund, and +be appropriated to the public service of Ireland by Irish Act. (5) If +the duties of excise are increased above the rates in force on _the +first day of March one thousand eight hundred and ninety-three_, the net +proceeds in Ireland of the duties in excess of the said rates shall be +paid from the Irish Exchequer to the Exchequer of the United Kingdom. +(6) _If the duties of excise are reduced below the rates in force on the +said day, and the net proceeds of such duties in Ireland are in +consequence less than the net proceeds of the duties before the +reduction, a sum equal to the deficiency shall, unless it is otherwise +agreed between the Treasury and the Irish Government, be paid from the +Exchequer of the United Kingdom to the Irish Exchequer_. + +11.--(1) The hereditary revenues of the Crown in Ireland which are +managed by the Commissioners of Woods shall continue during the life of +Her present Majesty to be managed and collected by 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 proceeds of the sale of those revenues as have not been +re-invested in Ireland), shall be paid into the Treasury Account +(Ireland) hereinafter mentioned, for the benefit of the Irish Exchequer. +(2) A person shall not be required to pay income tax in Great Britain in +respect of property situate or business carried on in Ireland, and a +person shall not be required to pay income tax in Ireland in respect of +property situate or business carried on in Great Britain. (3) _For the +purpose of giving to Ireland the benefit of the difference between the +income tax collected in Great Britain from British, Colonial, and +foreign securities held by residents in Ireland, and the income tax +collected 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 determined by the Treasury, in accordance with a minute of the +Treasury laid before Parliament before the appointed day, and such +allowance shall be paid into the Treasury Account (Ireland) for the +benefit of the Irish Exchequer_. (4) Provided that the provisions of +this section with respect to income tax shall not apply to any excess of +the rate of income tax in Great Britain above the rate in Ireland or of +the rate of income tax in Ireland above the rate in Great Britain. + +12.--(1) The duties of customs contributed by Ireland and, save as +provided by this Act, that portion of any public revenue of the United +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 +Consolidated Fund of the United Kingdom, as the contribution of Ireland +to Imperial liabilities and expenditure as defined in that Schedule. (2) +The civil charges of the Government in Ireland shall, subject as in this +Act mentioned, be borne after the appointed day by Ireland. (3) After +_fifteen_ years from the passing of this Act the arrangements made by +this Act for the contribution of Ireland to Imperial liabilities and +expenditure, and otherwise for the financial relations between the +United Kingdom and Ireland, may be revised in pursuance of an address to +Her Majesty from the House of Commons, or from the Irish Legislative +Assembly. + +13.--(1) There shall be established under the direction of the Treasury +an account (in this Act referred to as the Treasury Account (Ireland)). +(2) There shall be paid into such account all sums payable from the +Irish Exchequer to the Exchequer of the United Kingdom, or from the +latter to the former Exchequer, and all sums directed to be paid into +the account for the benefit of either of the said Exchequers. (3) All +sums which are payable from either of the said Exchequers to the other +of them, or being payable out of one of the said Exchequers are +repayable by the other Exchequer, shall in the 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 revenue collected in Ireland, and the Irish Government +out of any of the public revenues in Ireland, may direct money to be +paid to the Treasury Account (Ireland) instead of into the Exchequer. +(4) Any surplus standing on the account to the credit of either +Exchequer, and not required for meeting payments, shall at convenient +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 forthwith paid +to the National Debt Commissioners, that sum may be paid to those +Commissioners without being paid into the Exchequer. (5) All sums +payable by virtue of this Act out of the Consolidated Fund of the United +Kingdom or of Ireland shall be payable from the Exchequer 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 the Exchequer of the United +Kingdom shall, if not otherwise paid, be charged on and paid out of the +Consolidated Fund of the United Kingdom. + +14.--(1) There shall be charged on the Irish Consolidated Fund in favour +of the Exchequer of the United Kingdom as a first charge on that fund +all sums which-- + + (_a_) are payable to that Exchequer from the Irish Exchequer; or + (_b_) are required to repay to the Exchequer of the United Kingdom + sums issued to meet the dividends or sinking fund on guaranteed + land stock under the Purchase of Land (Ireland) Act, 1891, or (_c_) + otherwise have been or are required to be paid out of the Exchequer + of the United Kingdom in consequence of the non-payment thereof out + of the Exchequer of Ireland or otherwise by the Irish Government. + +(2) If at any time the Controller and Auditor-General of the United +Kingdom is satisfied that any such charge is due, he shall certify the +amount of it, and the Treasury shall send such 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 United Kingdom, and such order shall be duly obeyed by +all persons, and until the amount is wholly paid no other payment shall +be made out of the Irish Exchequer for any purpose whatever. + +(3) There shall be charged on the Irish Consolidated Fund next after the +foregoing charge: + + (_a_) all sums, for dividends or sinking fund on guaranteed land + stock under the Purchase of Land (Ireland) Act, 1891, which the + Land Purchase Account and the Guarantee Fund under that Act are + insufficient to pay; (_b_) all sums due in respect of any debt + incurred by the Government of Ireland, whether for interest, + management, or sinking fund; (_c_) an annual sum of _five thousand_ + pounds for the expenses of the household and establishment of the + Lord Lieutenant; (_d_) all existing charges on the Consolidated + Fund of the United Kingdom in respect of Irish services other than + the salary of the Lord Lieutenant; and (_e_) the salaries and + pensions of all judges of the Supreme Court or other superior court + in Ireland or of any county or other like court, who are appointed + after the passing of this Act, and are not the Exchequer judges + hereafter mentioned. + +(4) Until all charges created by this Act upon the Irish Consolidated +Fund and for the time being due are paid, no money shall be issued from +the Irish Exchequer for any other purpose whatever. + +15.--(1) All existing charges on the Church property in Ireland--that is +to say, all property accruing under the Irish Church Act, 1869, and +transferred 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 Consolidated Fund, and any of those charges guaranteed by +the Treasury, if and so far as not paid, shall be paid out of the +Exchequer of the United Kingdom. + +(2) Subject to the existing charges thereon, the said Church property +shall belong to the Irish Government, and be managed, administered, and +disposed of as directed by Irish Act. + +16.--(1) All sums paid or applicable in or towards the discharge of the +interest or principal of any local loan advanced before the appointed +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, and +carried to the Local Loans Fund, shall, after the appointed day, be +paid, until otherwise provided by Irish Act, to the Irish Exchequer. + +(2) For the payment to the Local Loans Fund of the principal and +interest of such loans, the Irish Government shall after the appointed +day pay by half-yearly payments an annuity for _forty-nine_ years, 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 annuity shall be +paid from the Irish Exchequer to the Exchequer of the United Kingdom, +and when so paid shall be forthwith paid to the National Debt +Commissioners for the credit of the Local Loans Fund. + +(3) After the appointed day, money for loans in Ireland shall cease to +be advanced either by the Public Works Loan Commissioners or out of the +Local Loans Fund. + +17.--(1) So much of any Act as directs payment to the Local Taxation +(Ireland) Account of any share of probate, excise, or customs duties +payable to the Exchequer of the United Kingdom shall, together 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 to the Local Taxation Accounts in +England and Scotland as would have been paid if this Act had not passed, +and any residue of the said share shall be paid into the Exchequer of +the United Kingdom. + +(2) The stamp duty chargeable in respect of the personalty of a deceased +person shall not in the case of administration granted in Great Britain +be chargeable in respect of any personalty situate in Ireland, nor 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 exempt +from stamp duty on administration granted in Ireland, and any +administration granted in Ireland shall not, when re-sealed in Great +Britain, be exempt from stamp duty on administration granted in Great +Britain. + +(3) In this section the expression "administration" means probate or +letters of administration, and as respects Scotland, confirmation +inclusive of the inventory required under the Acts relating to the said +stamp duty, and the expression "personalty" means personal or movable +estate and effects. + +18.--(1) Bills for appropriating any part of the public revenue or for +imposing any tax shall originate in the Legislative Assembly. + +(2) It shall not be lawful for the Legislative Assembly to adopt or pass +any vote, resolution, address, or Bill for the appropriation for any +purpose of any part of the public revenue of Ireland, or of any tax, +except in pursuance of a recommendation from the Lord Lieutenant in the +session in which such vote, resolution, address, or Bill is proposed. + +19.--(1) Two of the judges of the Supreme Court in Ireland shall be +Exchequer judges, and shall be appointed under the great seal of the +United Kingdom; and their salaries and pensions shall be charged on and +paid out of the Consolidated Fund of the United Kingdom. + +(2) The Exchequer judges shall be removeable only by Her Majesty on +address from the two Houses of Parliament, and each such judge shall, +save as otherwise 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 judges of the Supreme Court, and during his continuance +in office his salary shall not be diminished, nor his right to pension +altered, without his consent. + +(3) An alteration of any rules relating to such legal proceedings as are +mentioned in this section shall not be made except with the approval of +Her Majesty the Queen in Council; and the sittings of the Exchequer +judges shall be regulated with the like approval. + +(4) All legal proceedings in Ireland, which are instituted at the +instance of or against the Treasury or Commissioners of Customs, or any +of their officers, or relate to the election of members to serve in +Parliament, or touch any matter within the powers of the Irish +Legislature, or touch 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 them, and in any such legal proceeding an +appeal shall, if any party so requires, lie from any court of first +instance in Ireland to the Exchequer judges, and the decision of the +Exchequer judges shall be subject to appeal to Her Majesty the Queen in +Council and not to any other tribunal. + +(5) If it is made to appear to an Exchequer judge that any decree or +judgment in any such proceeding as aforesaid has not been duly enforced +by the sheriff or other 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 such officer and all +persons employed by him shall be entitled to the same privileges, +immunities, and powers as are by law conferred on a sheriff and his +officers. + +(6) The Exchequer judges, when not engaged in hearing and determining +such legal proceedings as above in this section mentioned, shall perform +such of the duties ordinarily performed by other judges of the Supreme +Court in Ireland as may be assigned by Her Majesty the Queen in Council. + +(7) All sums recovered by the Treasury or the Commissioners of Customs +or any of their officers, or recovered under any Act relating to duties +of customs, shall, notwithstanding anything in any other Act, be paid to +such public account as the Treasury or the Commissioners direct. + + +_Post Office Postal Telegraphs and Savings Banks_ + +20.--(1) As from _the appointed day_ the postal and telegraph service in +Ireland shall be transferred to the Irish Government, and may be +regulated by Irish Act, except as in this Act mentioned and except as +regards matters relating-- + + (_a_) to such conditions of the transmission or delivery of postal + packets and telegrams as are incidental to the duties on postage; + or + + (_b_) foreign mails or submarine telegraphs or through lines in + connection therewith; or (_c_) to any other postal or telegraph + business in connection with places out of the United Kingdom. + +(2) The administration of or incidental to the said excepted matters +shall, save as may be otherwise arranged with the Irish Post Office, +remain with the Postmaster-General. + +(3) As regards the revenue and expenses of the postal and telegraph +service, the Postmaster-General shall retain the revenue collected and +defray the expenses incurred 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 Fourth Schedule to this Act; +which schedule shall have full effect, but may be varied or added to by +agreement between the Postmaster-General and the Irish Post Office. + +(4) _The sums payable by the Postmaster-General or Irish Post Office to +the other of them in pursuance of this Act shall, if not paid out of the +Post Office moneys, be paid from the Exchequer of the United Kingdom or +of Ireland, as the case requires, to the other Exchequer_. + +(5) Sections forty-eight to fifty-two of the Telegraph Act 1863, and any +enactment amending the same, shall apply to all telegraphic lines of the +Irish Government in like manner as to the telegraphs of a company within +the meaning of that Act. + +21.--(1) As from _the appointed day_ there shall be transferred to the +Irish Government the post office savings banks in Ireland and all such +powers and duties of any department or officer in Great Britain as are +connected with post office savings banks, trustee savings banks or +friendly societies in Ireland, and the same may be regulated by Irish +Act. + +(2) The Treasury shall publish not less than six months' previous notice +of the transfer of savings banks. + +(3) If before the date of the transfer any depositor in a post office +savings bank so requests, his deposit shall, according to his request, +either be paid to him or transferred 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 claim against the +Postmaster-General or the Consolidated Fund of the United Kingdom, but +shall have the like claim against the Government and Consolidated Fund +of Ireland. + +(4) If before the date of the transfer the trustees of any trustee +savings bank so request, then, according to the request, either all sums +due to them shall be repaid 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 the National Debt +Commissioners or the Consolidated Fund of the United Kingdom, but shall +have the like claim against the Government and Consolidated Fund of +Ireland. + +(5) Notwithstanding the foregoing provisions of this section, if a sum +due on account of any annuity or policy of insurance which has before +the above-mentioned notice been granted through a post office or trustee +savings bank is not paid by the Irish Government, that sum shall be paid +out of the Exchequer of the United Kingdom. + + +_Irish Appeals and Decision of Constitutional Questions_ + +22.--(1) The appeal from courts in Ireland to the House of Lords shall +cease; and where any person would, but for this Act, have a right to +appeal from any court in Ireland 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 any Irish Act; and +all enactments relating to appeals to Her Majesty the Queen in Council, +and to the Judicial Committee of the Privy Council, shall apply +accordingly. + +(2) When the Judicial Committee sit for hearing appeals from a court in +Ireland, there shall be present not less than four Lords of Appeal, +within the meaning of the Appellate Jurisdiction Act, 1876, and at least +one member who is or has been a judge of the Supreme Court in Ireland. + +(3) A rota of privy councillors to sit for hearing appeals from courts +in Ireland shall be made annually by Her Majesty in Council, and the +privy councillors, or some of them, on that rota shall sit to hear the +said appeals. A casual vacancy in such rota during the year may be +filled by Order in Council. + +(4) Nothing in this Act shall affect the jurisdiction of the House of +Lords to determine the claims to Irish peerages. + +23.--(1) If it appears to the Lord Lieutenant or a Secretary of State +expedient in the public interest that steps shall be taken for the +speedy determination of the question 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 +question shall be forthwith referred to and heard and determined by the +Judicial Committee of the Privy Council, constituted as if hearing an +appeal from a court in Ireland. + +(2) Upon the hearing of the question such persons as seem to the +Judicial Committee to be interested may be allowed to appear and be +heard as parties to the case, and the decision of the Judicial Committee +shall be given in like manner as if it were the decision of an appeal, +the nature of the report or recommendation to Her Majesty being stated +in open court. + +(3) Nothing in this Act shall prejudice any other power of Her Majesty +in Council to refer any question to the Judicial Committee or the right +of any person to petition Her Majesty for such reference. + + +_Lord Lieutenant and Crown Lands_ + +24.--(1) Notwithstanding anything to the contrary in any Act, every +subject of the Queen shall be qualified to hold the office of Lord +Lieutenant of Ireland, without reference to his religious belief. + +(2) The term of office of the Lord Lieutenant shall be _six years_, +without prejudice to the power of Her Majesty the Queen at any time to +revoke the appointment. 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 lands and buildings in Ireland vested in or held +in trust for Her Majesty, and subject to such conditions or restrictions +(if any) as may seem expedient. + + +_Judges and Civil Servants_ + +26. A judge of the Supreme Court or other superior court in Ireland, or +of any county court or other court with a like jurisdiction in Ireland, +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 +Legislature of Ireland, nor during his continuance in office shall his +salary be diminished or right to pension altered without his consent. + +27.--(1) All existing judges of the Supreme Court, county court judges, +and Land Commissioners in Ireland and all existing officers serving in +Ireland in the permanent civil service of the Crown and receiving +salaries charged on the Consolidated Fund of the United Kingdom, shall, +if they are removeable at present on address 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, or such duties as Her Majesty may declare to be +analogous, and their salaries and pensions, if and so far as not paid +out of the Irish Consolidated Fund, shall be paid out of the Exchequer +of the United Kingdom: Provided that this section shall be subject to +the provisions of this Act with respect to the Exchequer judges. + +(2) _If any of the said judges, commissioners, or officers retires from +office with the Queen's approbation before completion of the period of +service entitling him to a pension, Her Majesty may, if she thinks fit, +grant to him such pension, not exceeding the pension to which he would +on that completion have been entitled, as to Her Majesty seems meet_. + +28.--(1) All existing officers in the permanent civil service of the +Crown, who are not above provided for, and are at the appointed day +serving in Ireland, shall after that day continue to hold their offices +by the same tenure 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, and until three years after the passing of this +Act, the salaries due to any of the said officers if remaining in his +existing office, shall be paid to the payees by the Treasury out of the +Exchequer of the United Kingdom_. + +(2) Any such officer may after _three years_ from the passing of this +Act retire from office, and shall, at any time during those three years, +if required by the Irish Government, retire from office, and on any such +retirement may be awarded by the Treasury a gratuity or pension in +accordance with the Fifth Schedule to this Act; Provided that-- + + (_a_) six months' written notice shall, unless it is otherwise + agreed, be given either by the said officer or by the Irish + Government as the case requires; and + + (_b_) such number of officers only shall retire at one time and at + such intervals of time as the Treasury, in communication with the + Irish Government, sanction. + +(3) If any such officer does not so retire, the Treasury may award him +after the said three years a pension in accordance with the Fifth +Schedule to this Act which shall become payable to him on his ultimate +retirement from the service of the Crown. + +(4) _The gratuities and pensions awarded in accordance with the Fifth +Schedule to this Act shall be paid by the Treasury to the payees out of +the Exchequer of the United Kingdom._ + +(5) All sums paid out of the Exchequer of the United Kingdom in +pursuance of this section shall be repaid to that Exchequer from the +Irish Exchequer. + +(6) This section shall not apply to officers retained in the service of +the Government of the United Kingdom. + +29. Any existing pension granted on account of service in Ireland as a +judge of the Supreme Court or of any court consolidated into that court, +or as a county court judge, or in any other 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 Government of the United Kingdom, shall be charged on the +Irish Consolidated Fund, and if and so far as not paid out of that fund, +shall be paid out of the Exchequer of the United Kingdom. + + +_Police_ + +30.--(1) The forces of the Royal Irish Constabulary and Dublin +Metropolitan Police shall, when and as local police forces are from time +to time established in Ireland in accordance with the Sixth Schedule to +this Act, be gradually reduced and ultimately cease to exist as +mentioned in that Schedule; and after the passing of this Act, no +officer or man shall be appointed to either of those forces; + +Provided that until the expiration of _six_ years from the appointed +day, nothing in this Act shall require the Lord Lieutenant to cause +either of the said forces to cease to exist, if as representing Her +Majesty the Queen he considers it inexpedient. + +(2) The said two forces shall, while they continue, be subject to the +control of the Lord Lieutenant as representing Her Majesty, and the +members thereof shall continue to receive the same salaries, gratuities, +and pensions, and hold their appointments on the same tenure as +heretofore, _and those salaries, gratuities, and pensions, and all the +expenditure incidental to either force, shall be paid out of the +Exchequer of the United Kingdom_. + +(3) When any existing member of either force retires under the +provisions of the Sixth Schedule to this Act, the Treasury may award to +him a gratuity or pension in accordance with that Schedule. + +(4) _Those gratuities and pensions and all existing pensions payable in +respect of service in either force, shall be paid by the Treasury to the +payees out of the Exchequer of the United Kingdom_. + +(5) _Two-thirds of the net amount payable in pursuance of this section +out of the Exchequer of the United Kingdom shall be repaid to that +Exchequer from the Irish Exchequer_. + + +_Miscellaneous_ + +31. Save as may be otherwise provided by Irish Act-- + + (_a_) The existing law relating to the Exchequer and Consolidated + Fund of the United Kingdom shall apply with the necessary + modifications to the Exchequer and Consolidated Fund of Ireland, + and an officer shall be appointed by the Lord Lieutenant to be the + Irish Comptroller and Auditor General; and + + (_b_) The accounts of the Irish Consolidated Fund shall be audited + as appropriation accounts in manner provided by the Exchequer and + Audit Departments Act, 1866, by or under the direction of such + officer. + +32.--(1) Subject as in this Act mentioned and particularly to the +Seventh Schedule to this Act (which Schedule shall have full effect) all +existing election laws relating to the House of Commons and the members +thereof shall, so far as applicable, extend to each of the two Houses of +the Irish Legislature and the members thereof, but such election laws so +far as hereby extended may be altered by Irish Act. + +(2) The privileges, rights, and immunities to be held and enjoyed by +each House and the members thereof shall be such as may be defined by +Irish Act, but so that the same shall never exceed those for the time +being held and enjoyed by the House of Commons, and the members thereof. + +33.--(i) The Irish Legislature may repeal or alter any provision of this +Act which is by this Act expressly made alterable by that Legislature, +and also any enactments in force in Ireland, except 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 Irish Act, notwithstanding it is in any respect +repugnant to any enactment excepted as aforesaid, shall, though read +subject to that enactment, be, except to the extent of that repugnancy, +valid. + +(2) An order, rule, or regulation, made in pursuance of, or having the +force of, an Act of Parliament, shall be deemed to be an enactment +within the meaning of this section. + +(3) Nothing in this Act shall affect Bills relating to the divorce or +marriage of individuals, and any such Bill shall be introduced and +proceed in Parliament in like manner as if this Act had not passed. + + +34. The local authority for any county or borough or other area shall +not borrow money without either-- + + (_a_) special authority from the Irish Legislature, or + + (_b_) the sanction of the proper department of the Irish + Government: + +and shall not, without such special authority, borrow; + + (i) in the case of a municipal borough or town or area less than a + county, any loan which together with the then outstanding debt of + the local authority, will exceed twice the annual rateable value of + the property in the municipal borough, town, or area; or + + (ii) in the case of a country or larger area, any loan which + together with the then outstanding debt of the local authority, + will exceed one-tenth of the annual rateable value of the property + in the county or area; or + + (iii) in any case a loan exceeding one-half of the above limits + without a local inquiry held in the county, borough, or area by a + person appointed for the purpose by the said department. + + +_Transitory Provisions_ + +35.--(1) During _three_ years from the passing of this Act, and if +Parliament is then sitting until the end of that session of Parliament, +the Irish Legislature shall 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 shall prevent the +passing of any Irish Act with a view to the purchase of land for +railways, harbours, waterworks, town improvements, or other local +undertakings. + +(2) During _six_ years from the passing of this Act, the appointment of +a judge of the Supreme Court or other superior courts in Ireland (other +than one of the Exchequer judges) shall be made in pursuance of a +warrant from Her Majesty countersigned as heretofore. + +36.--(1) Subject to the provisions of this Act Her Majesty the Queen in +Council may make or direct such arrangements as seem necessary or proper +for setting in motion the Irish Legislature and Government and for +otherwise bringing this Act into operation. (2) The Irish Legislature +shall be summoned to meet on the _first Tuesday in September, one +thousand eight hundred and ninety-four_, and the first election of +members of the two Houses of the Irish Legislature shall be held at such +time before that day, as may be fixed by Her Majesty in Council. (3) +Upon the first meeting of the Irish Legislature the members of the House +of Commons then sitting for Irish constituencies, including the members +for Dublin University, shall vacate their seats, and writs shall, as +soon as conveniently may be, be issued by the Lord Chancellor of Ireland +for the purpose of holding an election of members to serve in +Parliament for the constituencies named in the Second Schedule of this +Act. (4) The existing Chief Baron of the Exchequer, and the senior of +the existing puisne judges of the Exchequer Division of the Supreme +Court, or if they or either of them are or is dead or unable or +unwilling to act, such other of the judges of the Supreme Court as Her +Majesty may appoint, shall be the first Exchequer judges. (5) Where it +appears to Her Majesty the Queen in Council, before the expiration of +_one year_ after the appointed day, that any existing enactment +respecting matters within the powers of the Irish Legislature requires +adaptation to Ireland, whether-- + + (_a_) by the substitution of the Lord Lieutenant in Council, or of + any department or officer of the executive Government in Ireland, + for Her Majesty in Council, a Secretary of State, the Treasury, the + Postmaster-General, the Board of Inland Revenue, or other public + department or officer in Great Britain; or (_b_) by the + substitution of the Irish Consolidated Fund or moneys provided by + the Irish Legislature for the Consolidated Fund of the United + Kingdom, or moneys provided by Parliament; or (_c_) by the + substitution or confirmation by, or other act to be done by or to, + the Irish Legislature for confirmation by or other act to be done + by or to Parliament; or (_d_) by any other adaptation; Her Majesty, + by Order in Council, may make that adaptation. + +(6) Her Majesty the Queen in Council may provide for the transfer of +such property, rights, and liabilities, and the doing of such other +things as may appear to Her Majesty necessary or proper for carrying +into effect this Act or any Order in Council under this Act. + +(7) An Order in Council under this section may make an adaptation or +provide for a transfer either unconditionally or subject to such +exceptions, conditions, and restrictions as may seem expedient. + +(8) The draft of every Order in Council under this section shall be laid +before both Houses of Parliament for not less than two months before 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 +interfere with the continued application to any place, authority, +person, or thing, not in Ireland, of the enactment to which the Order +relates. + +37. Except as otherwise provided by this Act, all existing laws, +institutions, authorities, and officers in Ireland, whether judicial, +administrative, or ministerial, and all existing taxes in Ireland shall +continue as if this Act had not passed, but with the modifications +necessary for adapting the same to this Act, and subject to be +repealed, abolished, altered, and adapted in the manner and to the +extent authorised by this Act. + +38. Subject as in this Act mentioned the appointed day for the purposes +of this Act shall be the day of the first meeting of the Irish +Legislature, or such other day 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 this Act, and +different days may be appointed for different purposes and different +provisions of this Act, whether contained in the same section or in +different sections. + +39. In this Act unless the context otherwise requires--The expression +'existing' means existing at the passing of this Act. + +The expression 'constituency' means a parliamentary constituency or a +county or borough returning a member or members to serve in either House +of the Irish Legislature, as the case requires, and the expression +'parliamentary constituency' means any county, borough, or university +returning a member or members to serve in Parliament. + +The expression 'parliamentary elector' means a person entitled to be +registered as a voter at a parliamentary election. + +The expression 'parliamentary election' means the election of a member +to serve in Parliament. + +The expression 'tax' includes duties and fees, and the expression +'duties of excise' does not include licence duties. + +The expression 'foreign mails' means all postal packets, whether +letters, parcels, or other packets, posted in the United Kingdom and +sent to a place out of the United Kingdom, or posted in a place out of +the United Kingdom and sent to a place in the United Kingdom, or in +transit through the United Kingdom to a place out of the United Kingdom. + +The expression 'telegraphic line' has the same meaning as in the +Telegraph Acts, 1863 to 1892. + +The expression 'duties on postage' includes all rates and sums +chargeable for or in respect of postal packets, money orders, or +telegrams, or otherwise under the Post Office Acts or the Telegraph Act, +1892. + +The expression 'Irish Act' means a law made by the Irish Legislature. + +The expression 'election laws' means the laws relating to the election +of members to serve in Parliament, other than those relating to the +qualification of electors, and includes all the laws respecting the +registration of electors, the issue and execution of writs, the creation +of polling districts, the taking of the poll, the questioning of +elections, corrupt and illegal practices, the disqualification of +members and the vacating of seats. + +The expression 'rateable value' means the annual rateable value under +the Irish Valuation Acts. + +The expression 'salary' includes remuneration, allowances, and +emoluments. + +The expression 'pension' includes superannuation allowance. + + +40. This Act may be cited as the Irish Government Act, 1893. + + + + +SCHEDULES + + +FIRST SCHEDULE + +LEGISLATIVE COUNCIL + +CONSTITUENCIES AND NUMBER OF COUNCILLORS + + Constituencies Councillors. + -------------- ----------- + Antrim county Three + Armagh county One + Belfast borough Two + Carlow county One + Cavan county One + Clare county One + Cork county-- + East Riding Three + West Riding One + Cork borough One + Donegal county One + Down county Three + Dublin county Three + Dublin borough Two + Fermanagh county One + Galway county Two + Kerry county One + Kildare county One + Kilkenny county One + King's county One + Leitrim and Sligo counties One + Limerick county Two + Londonderry county One + Longford county One + Louth county One + Mayo county One + Meath county One + Monaghan county One + Queen's county One + Roscommon county One + Tipperary county Two + Tyrone county One + Waterford county One + Westmeath county One + Wexford county One + Wicklow county One + ----------- + Forty-eight + + +The expression 'borough' in this Schedule means an existing +parliamentary borough. + +Counties of cities and towns not named in this Schedule +shall be combined with the county at large in which they are +included for parliamentary elections, and, if not so included, +then with the county at large bearing the same name. + +A borough named in this Schedule shall not for the purposes +of this Schedule form part of any other constituency. + + + + +SECOND SCHEDULE + +IRISH MEMBERS IN THE HOUSE OF COMMONS + +Constituencies. Number of Members for House of Commons + +Antrim county Three +Armagh county Two +Belfast borough (in divisions + as mentioned below) Four +Carlow county One +Cavan county Two +Clare county Two +Cork county (in divisions as + mentioned below) Five +Cork borough Two +Donegal county Three +Down county Three +Dublin county Two +Dublin borough (in divisions + as mentioned below) Four +Fermanagh county One +Galway county Three +Galway borough One +Kerry county Three +Kildare county One +Kilkenny county One +Kilkenny borough One +King's county One +Leitrim county Two +Limerick county Two +Limerick borough One +Londonderry county Two +Londonderry borough One +Longford county One +Louth county One +Mayo county Three +Meath county Two +Monaghan county Two +Newry borough One +Queen's county One +Roscommon county Two +Sligo county Two +Tipperary county Three +Tyrone county Three +Waterford county One +Waterford borough One +Westmeath county One +Wexford county Two +Wicklow county One + -------- + Eighty + +(1) In this Schedule the expression 'borough' means an +existing parliamentary borough. + +(2) In the parliamentary boroughs of Belfast and Dublin, one +member shall be returned by each of the existing parliamentary +divisions of those boroughs, and the law relating to the divisions +of boroughs shall apply accordingly. + +(3) The county of Cork shall be divided into two divisions, +consisting of the East Riding and the West Riding, and three +members shall be elected by the East Riding, and two members +shall be elected by the West Riding; and the law relating to +divisions of counties shall apply to those divisions. + + + + +THIRD SCHEDULE + +FINANCE + +IMPERIAL LIABILITIES, EXPENDITURE, AND MISCELLANEOUS +REVENUE + + +_Liabilities_ + +For the purposes of this Act 'Imperial liabilities' consist of:-- + + (1) The funded and unfunded debt of the United Kingdom, inclusive + of terminable annuities paid out of the permanent annual charge for + the National Debt, and inclusive of the cost of the management of + the said funded and unfunded debt, but exclusive of the Local Loans + stock and Guaranteed Land stock and the cost of the management + thereof; and + + (2) All other charges on the Consolidated Fund of the United Kingdom + for the repayment of borrowed money, or to fulfil a guarantee. + + +_Expenditure_ + +For the purpose of this Act Imperial expenditure consists of +expenditure for the following services:-- + + I. Naval and military expenditure (including Greenwich Hospital). + II. Civil expenditure, that is to say-- + + (_a_) Civil list and Royal family. + (_b_) Salaries, pensions, allowances, and incidental expenses of-- + + (i) Lord Lieutenant of Ireland; + (ii) Exchequer judges in Ireland. + + (_c_) Building, works, salaries, pensions, printing, stationery, + allowances, and incidental expenses of-- + + (i) Parliament; + (ii) National Debt Commissioners; + (iii) Foreign Office and diplomatic and consular service, + including secret service, special services, and telegraph + subsidies; + (iv) Colonial Office, including special services and telegraph + subsidies; + (v) Privy Council; + (vi) Board of Trade, including the Mercantile Marine Fund, Patent + Office, Railway Commission, and Wreck Commission, but + excluding Bankruptcy; (vii) Mint; (viii) Meteorological Society; + (ix) Slave trade service. + + (_d_) Foreign mails and telegraphic communication with places + outside the United Kingdom. + + +_Revenue_ + +For the purposes of this Act the public revenue to a portion +of which Ireland may claim to be entitled consists of revenue +from the following sources:-- + + 1. Suez Canal shares or payments on account thereof. + + 2. Loans and advances to foreign countries. + + 3. Annual payments by British possessions. + + 4. Fees, stamps, and extra receipts received by departments, the + expenses of which are part of the Imperial expenditure. + + 5. Small branches of the hereditary revenues of the Crown. + + 6. Foreshores. + +[The Fourth, Fifth, Sixth, and Seventh Schedules are for the +saving of space omitted.] + +FOOTNOTES: + +[138] The Bill is printed as it was originally presented to the House of +Commons. + + + + +INDEX + + +_American Commonwealth_, by Rt. Hon. James Bryce, 37 _n_ +_American History, Critical Period of_, by Fiske, 103 +Andrews, Mr. Justice, a Unitarian, 71 _n_ +Appeals under Irish Government Act, 209 +Asquith, Rt. Hon. H.H., on the policy of Home Rule, 26, 74 _n_ + +Balfour, Rt. Hon. Arthur, on Ireland, 71 +Beaumont, Gustave de, 142 +Bright, John, on Free Trade, 134 +Bryce, Rt. Hon. James, 26, _American Commonwealth_, 37, 169 +Burke, Edmund, _Reflections on the Revolution in France_, 134 + +Cambray, Mr., _Irish Affairs and the Home Rule Question_, 1, 23 +Canada as a self-governing colony, 20, 25 +Civil servants under Irish Government Act, 210 +Clancy, Mr., M.P., and the financial clauses of the Home Rule Bill, 103 +Cobden and Free Trade, 134 +Coercion Act, the, 144 +Colonies, self-governing, _see_ New Zealand, Canada, Victoria +_Constitution, Law of_, by Professor Dicey, 6 _n_, 29 _n_, 67 _n_ +Constitution of Legislature under Irish Government Act, 199 +Constitution, old and new, 1-20, 56; + the new, 21 _et seq_., 191; + no settlement of the Irish question, 112 _et seq_.; + rests on an unsound foundation and contradictory, 125; + pleas for, 132 _et seq._ +Constitutional questions, decision of, under Irish Government Act, 209 +Contracts, laws as to, 85, 86 +Crown Lands under Irish Government Act, 210 + +Davitt, Michael, and the New Constitution, 115, 142, 167 +Dicey, Professor A.V., _Law of the Constitution,_ 6 _n_, 29 _n_, 67 _n_ +Duffy, Sir Gavan, Irish Nationalist, 39, 166; + his prediction, 128 + +England, present constitution of, 2 _et seq_.; + retention of Irish Members at Westminster, 32 _et seq_., 66, + 123, 200, 218, 221; + inducements to, 48; + meaning of Home Rule to, 53 _et seq_.; + result of helping Portugal and Spain, 116; + opposition to Home Rule, 119 _et seq_.; + Grattan's constitution, 149; + the path of safety, 175 _et seq._ +_England's Case against Home Rule_, 59 _n_, 91 _n_, 94 + _n_, 97 _n_, 138 _n_, 155 _n_, 162 _n_ +Executive authority under Irish Government Act, 198 + +Feast of Concord in France, 172 +Federalism, 6; + and Home Rule, 13 _et seq_., 96, 118; + application to England, 155; + how it works in other countries, 153 _et seq._ +Finance, under Irish Government Act, 27, 100, 102, 201-207, 222, 223 +Fiske, _Critical Period of American History_, 103 +Ford, Patrick, 166 +France, and Italy, 116; + Feast of Concord, 172; + the constitution of 1791, 191 +Freeman, E.A., _Irish Home Rule and Its Analogies_, 67 _n_, 153 _n_ + +Germany, federalism in, 6 +Girardin, M., on the French Revolution, 135 +Gladstone, W.E., and Home Rule, 26, 113, 128 _n_, 140, 163, 175; + on the retention of Irish Members at Westminster, 32 _n_, 39, 66, 123 +Government, _see_ Parliament +Government of Ireland Bill, _see_ Home Rule Bill +Grattan's constitution, 139, 149-152 + +Hilty, Professor, Swiss publicist, 160 +Home Rule, a new constitution for the United Kingdom, 1, 19; + compared with the old constitution, 8 _et seq_.; + four leading features of, 22; + the supremacy of the Imperial Parliament, 22-31; + the retention of the Irish Members in the Imperial Parliament, 32 _et + seq_., 66 _n_, 123, 200, 218-221; + powers of the Irish Government, 66 _et seq_., 197 _et seq _.; + the Veto, 88; + Finance, 100-103, 201-207, 222, 223; + as a settlement of the Irish question, 112 _et seq_.; + is federalism, 118; + reasons for, 132 _et seq_.; + necessity for, 138; + the safeguards, 149; + Grattan's constitution, 149; + success of, 152 _et seq_.; + the policy of trust, 163 _et seq_.; + a revolutionary movement, 177, 191 + +Imperial Parliament, _see_ Parliament Ireland, the old constitution, 1-8; + the new constitution, 8 _et seq_.; + the retention of Irish Members in the Imperial Parliament, 32 _et seq_., + 66 _n_, 123, 200, 218-221; + meaning of Home Rule to, 53; + powers of the Irish Government under Home Rule Bill, 66 _et seq_., + 197 _et seq_.; + the Irish Parliament, 75; + restrictions and obligations, 80 _et seq_.; + the Veto, 88; + the Privy Council and the Courts, 90 _et seq_.; + Home Rule no settlement of the Irish question, 112 _et seq_.; + arguments for the new constitution, 132 _et seq_.; + her desire for parliamentary independence, 140 +_Irish Affairs and the Home Rule Question_, by Cambray, 1, 23 _n_ +Irish Constabulary under Home Rule Bill, 75 _n_, 212 +Irish Executive, 66 +Irish Government Act, _see_ Home Rule Bill +_Irish Home Rule and its Analysis_, by E.A. Freeman, 67 _n_, 153 _n_ +Irish Parliament, 75 +Irish representation in the House of Commons, 32 _et seq_., 66, 123, + 200, 218-221 +Italy and France, 116 + +Jackson, Andrew, President of the United States, 158 +Judges under Home Rule Bill, 210 + +Lalor, Mr., 142 +Lecky, Mr., _History of England in the Eighteenth Century_, 150 +Legislative authority under Home Rule Bill, 197 _et seq_. +Local Government Bill compared with Home Rule Bill, 186 +Lord Lieutenant, office of, 66, 210 + +McCarthy, J., on the effect of the Home Rule Bill, 112, 142, 167 +Mahoney, Pierce, _Irish Independent_ on the release of prisoners, 117 +Marshall, John, Chief Justice of the Supreme Court of the United States, + 158 +Melbourne, Irish informers' reception at, 161, 162 +Mill, John Stuart, _Representative Government_, 6 _n_, 118 _n_. +Morley, John, Chief Secretary for Ireland, on retention of Irish Members + at Westminster, 39-43, 49, 62; + changes in administration, 71; + safeguards against legislation setting aside contracts, 86 + +New Zealand as a self-governing colony, 4, 5, 9, 20, 25, 31; + compared with Ireland, 156 +Nulty, Dr., Roman Catholic Bishop of Meath, 71 _n_. + +O'Connell, Daniel, compared with Parnell, 139; 166 + +Parliament, British and Imperial, authority of, in the United Kingdom, + 2 _et seq_.; + in the Colonies, 4 _et seq_.; + supremacy of, 22 _et seq_.; + retention of Irish Members in, 32 _et seq_.; + power up to 1782, 55; + since the Union, 56 _et seq._ +Parnell, 34; + and Home Rule, 139, 142, 167 +Phoenix Park murders, 146 +Police under Home Rule Bill, 75 _n_, 212 +Post Office and postal telegraphs under Home Rule Bill, 207, 208 +Privy Council and the Courts, 90 +Protection, 99, 198 + +Redmond, John, M.P., Home Rule, 26, 50, 103; + and the imprisoned dynamiters, 117 _n_, 168 +Referendum, Dicey on, 189, 190 +Religion, restrictions on, 99 +_Representative Government_, by John Stuart Mill, 118 _n._ +Restrictions and obligations in Home Rule Bill, 80 _et seq_., + 197, 198, 214 +Retention of Irish Members in House of Commons, 32 _et seq_., + 66, 123, 200, 218-221 +Russell, Lord John, 32 _n_ + +Savings banks under Home Rule Bill, 207, 208 +Sexton, Thomas, on Home Rule Bill, 16 _n_, 26, 112, 126 +Sieyes, Abbe, 19 +Switzerland an example of successful federalism, 6, 159 + +Taxes, right to impose, 2, 3 +Ticino, insurrection in, 107, 160, 161 +_Times Parliamentary Debates, 26 _n_, 32 _n_; + Mr. Asquith on executive authority, 74 _n_; + John Morley on legislation to set aside contracts, 86 _n_; + J. McCarthy and W.E. Gladstone on Home Rule as a final settlement, + 112 _n_, 113 _n_, 142 _n_; + Gladstone on the policy of trust, 163 _n_. + +Tocqueville, Alexis de, and the French Revolution, 134, 173 +Trust, the policy of, 163 + +Unionism, the policy for, 183 _et seq._ +_Unionist Delusions, _62 _n_. +United States of America, division of parties in, 37 _n_; + no law allowed to impair the obligation of a contract, 85; + Bryce on State Legislatures in, 169, 170 + +Veto, the, 15, 199; + its uselessness, 88 +Victoria as a self-governing colony, 4 _n_. +_Victoria, Government of_, by Jenks, 9 _n_. + + + + + +End of the Project Gutenberg EBook of A Leap in the Dark, by A.V. 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