Chapter IV: Part 4

At length, after the election of 1885, Mr. Gladstone and the majority of his followers came to the conclusion that an opportunity had presented itself for providing Ireland with a Constitution conferring on the people of that country the largest measure of self-government consistent with the absolute supremacy of the Crown and the Imperial Parliament and the entire unity of the Empire. A scheme was proposed which was accepted in principle by the representatives of the National party in Ireland as a fair and sufficient adjustment of the Imperial claims of Great Britain and the Local claims of Ireland. The scheme was shortly this. A Legislative Assembly was proposed to be established in Ireland with power to make all laws necessary for the good government of Ireland--in other words, invested with the same powers of local self-government as a colonial Assembly. The Irish Assembly was in one respect unlike a colonial Legislature. It consisted of one House only, but this House was divided into two orders, each of which, in case of differences on any important legislative matter, voted separately. This form was adopted in order to minimize the chances of collision between the two orders, by making it imperative on each order to hear the arguments of the other before proceeding to a division, thus throwing on the dissentient order the full responsibility of its dissent, with a complete knowledge of the consequences likely to ensue therefrom. The clause conferring on the Irish Legislature full powers of local self-government was immediately followed by a provision excepting, by enumeration, from any interference on the part of the Irish Legislature, all Imperial powers, and declaring any enactment void which infringed on that provision. This exception (as is well known) is not found in colonial Constitutional Acts. In them the restriction of the words of the grant to Local powers only has been held sufficient to safeguard the supremacy of the British Parliament and the unity of the Empire. The reason for making a difference in the case of the Home Rule Bill was political, not legal. Separation was declared by the enemies of the Bill to be the real intention of its supporters, and destruction of the unity of the Empire to be its certain consequence. It seemed well that Ireland, by her representatives, should accept as a satisfactory charter of Irish liberty a document which contained an express submission to Imperial power and a direct acknowledgment of Imperial unity. Similarly with respect to the supremacy of the British Parliament. In the colonial Constitutions all reference to this supremacy is omitted as being too clear to require notice. In the case of the Irish Home Rule Bill instructions were given to preserve in express words the supremacy of the British Parliament in order to pledge Ireland to an express admission of that supremacy by the same vote which accepted Local powers. It is true that the wording by the draftsman of the sentence reserving the supremacy of Parliament was justly found fault with as inaccurate and doubtful, but that defect would have been cured by an amendment in Committee; and, even if there had not been any such clause in the Bill, it is clear, from what has been said above, that the Imperial Legislature could not, if it would, renounce its supremacy or abdicate its sovereign powers. The executive government in Ireland was continued in the Queen, to be carried on by the Lord Lieutenant on behalf of her Majesty, with the aid of such officers and Council as to her Majesty might from time to time seem fit. Her Majesty was also a constituent part of the Legislature, with power to delegate to the Lord Lieutenant the prerogative of assenting to or dissenting from Bills, and of summoning, proroguing, and dissolving Parliament. Under these provisions the Lord Lieutenant resembled the Governor of a colony with responsible government. He was invested with a double authority--first, Imperial; secondly, Local. As an Imperial officer, he was bound to veto any Bill injuriously affecting Imperial interests or inconsistent with general Imperial policy; as a Local officer, it was his duty to act in all local matters according to the advice of his Council, whose tenure of office depended on their being in harmony with, and supported by, a majority of the Legislative Assembly. Questions relating to the constitutionality of any particular law were not left altogether to the decision of the Governor. If a Bill containing a provision infringing Imperial rights passed the Legislature, its validity might be decided in the first instance by the ordinary courts of law, but the ultimate appeal lay to the Judicial Committee of the Privy Council, and, with a view to secure absolute impartiality in the Committee, it was provided that Ireland should be represented on that body by persons who either were or had been Irish judges. Not the least important provision of the Bill, as respects the maintenance of Imperial interests, was the continuance of Imperial taxation. The Customs and Excise duties were directed to be levied, as heretofore, in pursuance of the enactments of the Imperial Parliament, and were excepted from the control of the Irish Legislature, which had full power, with that exception, to impose such taxes in Ireland as they might think expedient. The Bill further provided that neither the Imperial taxes of Excise nor any Local taxes that might be imposed by the Irish Legislature should be paid into the Irish Exchequer. An Imperial officer, called the Receiver-General, was appointed, into whose hands the produce of every tax, both Imperial and Local, was required to be paid, and it was the duty of the Receiver-General to take care that all claims of the English Exchequer, including especially the contribution payable by Ireland for Imperial purposes, were satisfied before a farthing found its way into the Irish Exchequer for Irish purposes. The Receiver-General was provided with an Imperial Court to enforce his rights of Imperial taxation, and adequate means for enforcing all Imperial powers by Imperial civil officers. The Bill did not provide for the representation of Ireland in the Imperial Parliament on all Imperial questions, including questions relating to Imperial taxation, but it is fully understood that in any Bill which might hereafter be brought forward relating to Home Rule those defects would be remedied.

An examination, then, of the Home Rule Bill, that "child of revolution and parent of separation," appears to lead irresistibly to two conclusions. First, that Imperial rights and Imperial powers, representation for Imperial purposes, Imperial taxation--in short, every link that binds a subordinate member of an Empire to its supreme head--have been maintained unimpaired and unchanged. Secondly, that, in granting Home Rule to discontented Ireland, that form of responsible government has been adopted which, as Mr. Merivale declares--and his declaration subsequent events have more than verified--when conferred on the discontented colonies, changed restless aspirations for separation into quiet loyalty.

That such a Bill as the Home Rule Bill should be treated as an invasion of Imperial rights is a proof of one, or perhaps of both, the following axioms--that Bills are never read by their accusers, and that party spirit will distort the plainest facts. The union of Great Britain and Ireland was not, so far as Imperial powers were concerned, disturbed by the Bill, and an Irishman remains a citizen of the British Empire under the Home Rule Bill, with the same obligations and the same privileges, on the same terms as before. All the Bill did was to make his Irish citizenship distinct from his Imperial citizenship, in the same manner as the citizenship of a native of the State of New York is distinct from his citizenship as a member of the United States. Now it has been found that the Central power in the United States has been more than a match for the State powers, and can it be conceived for a moment that the Imperial power of Great Britain should not be a match for the Local power of Ireland--a State which has not one-seventh of the population or one-twentieth part of the income of the dominant community?

One argument remains to be noticed which the opponents of Home Rule urge as absolutely condemnatory of the measure, whereas, if properly weighed, it is conclusive in its favour. Home Rule, they say, is a mere question of sentiment. "National aspirations" are the twaddle of English enthusiasts who know nothing of Ireland. What is really wanted is the reform of the Land Law. Settle the agrarian problem, and Home Rule may be relegated to the place supposed to be paved with good intentions. The Irish will straightway change their character, and become a law-abiding, contented, loyal people. Be it so. But suppose it to be proved that the establishment of an Irish Government, or, in other words, Home Rule, is an essential condition of agrarian reform--that the latter cannot be had without the former--surely Home Rule should stand none the worse in the estimation of its opponents if it not only secures a safe basis for putting an end to agrarian exasperation, but also gratifies the feeling of the Irish people as expressed by the majority of its representatives in Parliament? Now, what is the nature of the Irish Land Question? This we must understand before considering the remedy. In Ireland (meaning by Ireland that part of the country which is in the hands of tenants, and falls within the compass of a Land Bill) the tenure of land is wholly unlike that which is found in the greater part of England. Instead of large farms in which the landlord makes all the improvements and the tenant pays rent for the privilege of cultivating the land and receives the produce, small holdings are found in which the tenant does the improvements (if any) and pays a fixed rent-charge to the owner. In England the tenant does not perform the obligations or in any way aspire to the character of owner. If he thinks he can get a cheaper farm, he quits his former one, regarding his interest in the land as a mere matter of pounds, shillings, and pence. Not so the Irish tenant. He has made what he calls improvements, he claims a quasi-ownership in the land, and has the characteristic Celtic attachment for the patch of ground forming his holding, however squalid it may be, however inadequate for his support. In short, in Ireland there is a dual ownership--that of the proprietor, who has no interest in the soil so long as the tenant pays his rent and fulfils the conditions of his tenancy; and that of the tenant, who, subject to the payment of his rent and performance of the fixed conditions, acts, thinks, and carries himself as the owner of his holding. A system, then, of agrarian reform in Ireland resolves itself into an inquiry as to the best mode of putting an end to this dual ownership--that is to say, of making the tenant the sole proprietor of his holding, and compensating the landlord for his interest in the ownership. The problem is further narrowed by the circumstance that the tenant cannot be expected to advance any capital or pay an increased rent, so that the means of compensating the landlord must be found out of the existing rent.

The plan adopted in Mr. Gladstone's Land Bill was to commute the rent-charges, offering the landlord, as a general rule, twenty years' purchase on the net rental of the estate (that is to say, the rent received by him after deducting all outgoings), and paying him the purchase-money in £3 per cent. stock taken at par. The stock was to be advanced by the English Government to an Irish State department at 3-1/8 per cent. interest, and the Bill provided that the tenant, instead of rent, was to pay an annuity of £4 per cent. on a capital sum equal in amount to twenty times the gross rental.

The notable feature which distinguished this plan from all other schemes was the security given for the repayment of the purchase-money: hitherto the English Government has lent the money directly to the landlord or tenant, and has become the mortgagee of the land--in other words, has become in effect the landlord of the land sold to the tenant until the repayment of the loan has been completed. To carry into effect under such a system any extensive scheme of agrarian reform (and if not extensive such a reform would be of no value in pacifying Ireland) presupposes a readiness on the part of the English Government to become virtually the landlord of a large portion of Ireland, with the attendant odium of absenteeism and alien domination. Under a land scheme such as that of 1886, all these difficulties would be overcome. The Irish, not the English, Government would be the virtual landlord. It would be the interest of Ireland that the annuities due from the tenants should be regularly paid, as, subject to the prior charge of the English Exchequer, they would form part of the Irish revenues. The cardinal difference, then, between Mr. Gladstone's scheme and any other land scheme that has seen the light is this--that in Mr. Gladstone's scheme the English loans would have been lent to the Irish Government on the security of the whole Irish revenues, whereas in every other scheme they have been lent by the English Government to the Irish creditors on the security of individual patches of land.

The whole question, then, of the relation between Home Rule and agrarian reform may be summed up as follows:--Agrarian reform is necessary for the pacification of Ireland; agrarian reform cannot be efficiently carried into effect without an Irish Government; an Irish Government can only be established by a Home Rule Bill: therefore a Home Rule Bill is necessary for the pacification of Ireland. It is idle to say, as has been said on numerous platforms, that plans no doubt can be devised for agrarian reform without Home Rule. The Irish revenues are the only collateral security that can be obtained for loans of English money, and Irish revenues are only available for the purpose on the establishment of an Irish Government. Baronial guarantees, union guarantees, county guarantees, debenture schemes, have all been tried and found wanting, and vague assertions as to possibilities are idle unless they are based on intelligible working plans.

The foregoing arguments will be equally valid if, instead of making the tenants peasant-proprietors, it were thought desirable that the Irish State should be the proprietor and the tenants be the holders of the land at perpetual rents and subject to fixed conditions. Again, it might be possible to pay the landlords by annual sums instead of capital sums. Such matters are really questions of detail. The substance is to interpose the Irish Government between the tenant and the English mortgagee, and to make the loans general charges on the whole of the Irish Government revenues as paid into the hands of an Imperial Receiver instead of placing them as special charges, each fixed on its own small estate or holding. The fact that Mr. Gladstone's land scheme was denounced as confiscation of £100,000,000 of the English taxpayers' property, while Lord Ashbourne's Act is pronounced by the same party wise and prudent, shows the political blindness of party spirit in its most absurd form. Lord Ashbourne's Act requires precisely the same expenditure to do the same work as Mr. Gladstone's Bill requires, but in Mr. Gladstone's scheme the whole Irish revenue was pledged as collateral security, and the Irish Government was interposed between the ultimate creditor and the Irish tenant, while under Lord Ashbourne's Act the English Government figures without disguise as the landlord of each tenant, exacting a debt which the tenant is unwilling to pay as being due to what he calls an alien Government.

An endeavour has been made in the preceding pages to prove that Home Rule in no respect infringes on Imperial rights or Imperial unity, for the simple reason that the Imperial power remains exactly in the same position as it was before, the Home Rule Bill dealing only with Local matters. At all events, Burke thought that the Imperial supremacy alone constituted a real union between England and Ireland. He says--

"My poor opinion is, that the closest connection between Great Britain and Ireland is essential to the well-being--I had almost said to the very being--of the three kingdoms; for that purpose I humbly conceive that the whole of the superior, and what I should call Imperial politics, ought to have its residence here, and that Ireland, locally, civilly, and commercially independent, ought politically to look up to Great Britain in all matters of peace and war. In all these points to be joined with her, and, in a word, with her to live and to die."[13]

How strange to Burke would have seemed the doctrine that the restoration of a limited power of self-government to Ireland, excluding commerce, and excluding all matters not only Imperial, but those in which uniformity is required, should be denounced as a disruption of the Empire!

It remains to notice one other charge made against the Gladstonian Home Rule Bill, namely, that of impairing the supremacy of the British Parliament. That allegation has been shown also to be founded on a mistake. Next, it is said that the Gladstonian scheme does not provide securities against executive and legislative oppression. The answer is complete. The executive authority being vested in the Queen, it will be the duty of the Governor not to allow executive oppression; still more will it be his duty to veto any act of legislative oppression. Further, it is stated that difficulties will arise with respect to the power of the Privy Council to nullify unconstitutional Acts. But it is hard to see why a power which is exercised with success in the United States, where all the States are equal, and without dispute in our colonies, which are all dependent, should not be carried into effect with equal ease in Ireland, which is more closely bound to us and more completely under our power than the colonies are, or than the several States are under the power of the Central Government.

To conclude: the cause of Irish discontent is the conjoint operation of the passion for nationality and the vicious system of land tenure, and the scheme of the Irish Home Rule Bill and the Land Bill removes the whole fabric on which Irish discontent is raised. The Irish, by the great majority of their representatives, have accepted the Home Rule Bill as a satisfactory settlement of the nationality question. The British Parliament can, through the medium of the Home Rule Bill and the establishment of an Irish Legislature, carry through a final settlement of agrarian disputes with less injustice to individuals than could a Parliament sitting in Dublin, and, be it added, with scarcely any appreciable risk to the British taxpayer. Of course it may be said that an Irish Parliament will go farther--that Home Rule is a step to separation, and a reform of the Land Laws a spoliation of the landlords. To those who urge such arguments I would recommend the perusal of the speech of Burke on Conciliation with America, and especially the following sentences, substituting "Ireland" for "the colonies:"--

"But [the Colonies] Ireland will go further. Alas! alas! when will this speculating against fact and reason end? What will quiet these panic fears which we entertain of the hostile effect of a conciliatory conduct? Is it true that no case can exist in which it is proper for the Sovereign to accede to the desires of his discontented subjects? Is there anything peculiar in this case to make it a rule for itself? Is all authority of course lost when it is not pushed to the extreme? Is it a certain maxim that the fewer causes of discontentment are left by Government the more the subject will be inclined to resist and rebel?"

FOOTNOTES:

[Footnote 9: Burke's Speech on American Taxation, vol. i. p. 174]

[Footnote 10: This is the opinion of both English and American lawyers. See Blackstone's Comm., i. 90; Austin on Jurisprudence, i. 226. As to American cases, see Corley on Constitutional Limitations, pp. 2-149.]

[Footnote 11: "Lectures on the Colonies," p, 641.]

[Footnote 12: Burke, vol. i. p. 181.]

[Footnote 13: "Letter on Affairs of Ireland," i. 462.]

THE IRISH GOVERNMENT BILL AND THE IRISH LAND BILL

BY LORD THRING

A mere enumeration or analysis of the contents of the Irish Government Bill, 1886, and the Land (Ireland) Bill, 1886, would convey scarcely any intelligible idea to the mind of an ordinary reader. It is, therefore, proposed in the following pages, before entering on the details of each Bill, to give a summary of the reasons which led to its introduction, and of the principles on which it is founded. To begin with the Irish Government Bill--

The object of the Irish Government Bill is to confer on the Irish people the largest measure of self-government consistent with the absolute supremacy of the Crown and Imperial Parliament and the entire unity of the Empire. To carry into effect this object it was essential to create a separate though subordinate legislature; thus occasion was given to opponents to apply the name of Separatists to the supporters of the Bill--a term true in so far only as it denoted the intention to create a separate legislature, but false and calumnious when used in the sense in which it was intended to be understood--of imputing to the promoters of the Bill the intention to disunite or in any way to disintegrate the Empire. Indeed, the very object of the measure was, by relaxing a little the legal bonds of union, to draw closer the actual ties between England and Ireland, in fact, to do as we have done in our Colonies, by decentralizing the subordinate functions of government to strengthen the central supremacy of natural affection and Imperial unity. The example of the effects of giving complete self-government to our Colonies would seem not unfavourable to trying the same experiment in Ireland. Some forty years ago, Canada, New Zealand, and the various colonies of Australia were discontented and uneasy at the control exercised by the Government of England over their local affairs. What did England do? She gave to each of those communities the fullest power of local government consistent with the unity of the Empire. The result was that the real union was established in the same degree as the apparent tie of control over local affairs was loosened. Are there any reasons to suppose that the condition of Ireland is such as to render the example of the Colonies applicable? Let us look a little at the past history of that country. Up to 1760 Ireland was governed practically as a conquered country. The result was that in 1782, in order to save Imperial unity, we altogether relaxed the local tie and made Ireland legislatively independent. The Empire was thus saved, but difficulties naturally arose between two independent legislatures. The true remedy would have been to have imposed on Grattan's Parliament the conditions imposed by the Irish Government Bill on the statutory Parliament created by that Bill; the course actually taken was that, instead of leaving the Irish with their local government, and arranging for the due supremacy of England, the Irish Legislature was destroyed under the guise of Union, and Irish representatives were transferred to an assembly in which they had little weight, and in which they found no sympathy. The result was that from the date of the Union to the present day Ireland has been constantly working for the reinstatement of its National Legislature, and has been governed by a continuous system of extraordinary legislature called coercion; the fact being that between 1800, the date of the Act of Union, and 1832, the date of the great Reform Act, there were only eleven years free from coercion, while in the fifty-three years since that period there have been only two years entirely free from special repressive legislation. So much, therefore, is clear, that Irish discontent at not being allowed to manage their own affairs has gradually increased instead of diminishing. The conclusion then would seem irresistible, that if coercion has failed, the only practical mode of governing Ireland satisfactorily is to give the people power to manage their local affairs. Coming, then, to the principle of the Bill, the first step is to reconcile local government with Imperial supremacy, in other words, to divide Imperial from local powers; for if this division be accurately made, and the former class of powers be reserved to the British Crown and British Parliament, while the latter only are intrusted to the Irish Parliament, it becomes a contradiction in terms to say that Imperial unity is dissolved by reserving to the Imperial authority all its powers, or that Home Rule is a sundering of the Imperial tie when that tie is preserved inviolable. Imperial powers, then, are the prerogatives of the Crown with respect to peace and war, and making treaties with foreign nations; in short, the power of regulating the relations of the Empire towards foreign nations. These are the _jura summi imperii_, the very insignia of supremacy; the attributes of sovereign authority in every form of government, be it despotism, limited monarchy, or republic; the only difference is that in a system of government under one supreme head, they are vested in that head alone, in a federal government, as in America or Switzerland, they reside in the composite body forming the federal supreme authority. Various subsidiary powers necessarily attend the above supreme powers; for example, the power of maintaining armies and navies, of commanding the militia, and other incidental powers. Closely connected with the power of making peace and war is the power of regulating commerce with foreign nations. Next in importance to the reservations necessary to constitute the Empire a Unity with regard to foreign nations, are the powers required to prevent disputes and to facilitate intercourse between the various parts of the Empire. These are the coinage of money and other regulations relating to currency, to copyright or other exclusive rights to the use or profit of any works or inventions. The above subjects must be altogether excluded from the powers of the subordinate legislature; it ceases to be subordinate as soon as it is invested with these Imperial, or quasi-Imperial, powers.

Assuming, however, the division between Imperial and local powers to be accurately determined, how is the subordinate legislative body to be kept within its due limits? The answer is very plain,--an Imperial court must be established to decide in the last resort whether the subordinate legislature has or has not infringed Imperial rights. Such a court has been in action in the United States of America ever since their union, and no serious conflict has arisen in carrying its decisions into effect, and the Privy Council, acting as the Supreme Court in respect to Colonial appeals, has been accepted by all the self-governing colonies as a just and impartial expositor of the meaning of their several constitutions.

Next in importance to the right division of Imperial and local powers is a correct understanding of the relation borne by the executive of an autonomous country to the mother country. In every part of the British Empire which enjoys home rule the legislature consists of the Queen and the two local legislative bodies. The administrative power resides in the Queen alone. The Queen has the appointment of all the officers of the government; money bills can be introduced into the legislature only with the consent of the Queen. The initiative power of taxation then is vested in the Queen, the executive head, in practice represented by the Governor. But such a power of initiation is of course useless unless the legislative body is willing to support the executive, and grants it the necessary funds for carrying on the government. What, then, is the contrivance by which the governmental machine is prevented from being stopped by a difference between the executive and legislative authorities? It is the same in the mother country, and in every British home-rule country, with this difference only--that beyond the limits of the mother country the Queen is represented by a governor to whom are delegated such a measure of powers as is necessary for the supreme head of a local self-governing community. The contrivance is this in the mother country:--the Queen acts upon the advice of a cabinet council; in home-rule dependencies the Governor acts on the advice of a local council. If this cabinet council in the mother country, or local council in a dependency, ceases to command a majority in the popular legislative body, it resigns, and the Governor is obliged to select a council which, by commanding such a majority, can obtain the supplies necessary to carry on the government. The consequence then is, that in a home-rule community, if a serious difficulty arises between the legislative and executive authority, the head of the executive, the governor, refers the ultimate decision of the question to the general body of electors by dissolving the popular legislative body. It has been urged in the discussion on the Irish Government Bill that the powers of the executive in relation to the legislative body ought to be expressed in the Bill itself; but it is clear to anybody acquainted with the rudiments of legislation that the details of such a system (in other words, the mode in which a governor ought to act under the endless variety of circumstances which may occur in governing a dependency) never have been and never can be expressed in an Act of Parliament. But how little difficulty this absence of definition has caused may be judged from the fact that neither in England nor in any of her home-rule dependencies has any vital collision arisen between the executive and legislative authorities, and that all the home-rule colonies have managed to surmount the obstacles which the opponents of Home Rule argued would be fatal to their existence. The main principles have now been stated on which the Irish Government Bill is framed, and it remains to give a summary of the provisions of the Bill, the objects and bearing of which will be readily understood from the foregoing observations. The first clause provides that--

"On and after the appointed day there shall be established in Ireland a Legislature consisting of Her Majesty the Queen and an Irish legislative body."

This is the first step in all English constitutional systems, to vest the power of legislation in the Queen and the legislative body. Such a legislature might have had conferred on it the independent powers vested in Grattan's Parliament: but the second clause at once puts an end to any doubt as to the subordination of the Irish legislative body; for while on the one hand it confers full powers of local self-government, by declaring that the Legislature may make any laws for the peace, order, and good government of Ireland, it subjects that power to numerous exceptions and restrictions. The exceptions are contained in the third clause, and the restrictions in the fourth. The exceptions are as follows:--

"The Legislature of Ireland shall not make laws relating to the following matters or any of them:--

"(1.) The status or dignity of the Crown, or the succession to the Crown, or a Regency;

"(2.) The making of peace or war;

"(3.) The army, navy, militia, volunteers, or other military or naval forces, or the defence of the realm;

"(4.) Treaties and other relations with foreign States, or the relations between the various parts of Her Majesty's dominions;

"(5.) Dignities or titles of honour;

"(6.) Prize or booty of war;

"(7.) Offences against the law of nations; or offences committed in violation of any treaty made, or hereafter to be made, between Her Majesty and any foreign State; or offences committed on the high seas;

"(8.) Treason, alienage, or naturalization;

"(9.) Trade, navigation, or quarantine;

"(10.) The postal and telegraph service, except as hereafter in this Act mentioned with respect to the transmission of letters and telegrams in Ireland;

"(11.) Beacons, lighthouses, or sea-marks;

"(12.) The coinage; the value of foreign money; legal tender; or weights and measures; or

"(13.) Copyright, patent rights, or other exclusive rights to the use or profits of any works or inventions."

Of these exceptions the first four preserve the imperial rights which have been insisted on above, and maintain the position of Ireland as an integral portion of that Empire of which Great Britain is the head. The remaining exceptions are either subsidiary to the first four, or relate, as is the case with exceptions 10 to 13, to matters on which it is desirable that uniformity should exist throughout the whole Empire. The restrictions in clause 4 are:--

"The Irish Legislature shall not make 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 derogating from 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.) Impairing, without either the leave of Her Majesty in Council first obtained on an address presented by the legislative body of Ireland, or the consent of the corporation interested, the rights, property, or privileges of any existing corporation incorporated by royal charter or local and general Act of Parliament; or

"(6.) Imposing or relating to duties of customs and duties of excise, as defined by this Act, or either of such duties, or affecting any Act relating to such duties or either of them; or

"(7.) Affecting this Act, except in so far as it is declared to be alterable by the Irish Legislature."

These restrictions differ from the exceptions, inasmuch as they do not prevent the Legislature of Ireland from dealing with the subjects to which they refer, but merely impose on it an obligation not to handle the specified matters in a manner detrimental to the interests of certain classes of Her Majesty's subjects. For example, restrictions 1 to 4 are practically concerned in securing religious freedom; restriction 5 protects existing charters; restriction 6 is necessary, as will be seen hereinafter, to carrying into effect the financial scheme of the bill; restriction 7 is a consequence of the very framework of the Bill: it provides for the stability of the Irish constitution, by declaring that the Irish Legislature is not competent to alter the constitutional act to which it owes its existence, except on those points on which it is expressly permitted to make alterations.

Clause 5 is an exposition, so to speak, of the consequence which would seem to flow from the fact of the Queen being a constitutional part of the Legislature. It states that the royal prerogatives with respect to the summoning, prorogation, and dissolution of the Irish legislative body are to be the same as the royal prerogatives in relation to the Imperial Parliament. The next clause (6) is comparatively immaterial; it merely provides that the duration of the Irish legislative body is to be quinquennial. As it deals with a matter of detail, it perhaps would have more aptly found a place in a subsequent part of the Bill. Clause 7 passes from the legislative to the executive authority; it declares:--

(1.) The executive government of Ireland shall continue vested in Her Majesty, and shall be carried on by the Lord Lieutenant on behalf of Her Majesty with the aid of such officers and such council as to Her Majesty may from time to time seem fit.

(2.) Subject to any instructions which may from time to time be given by Her Majesty, the Lord Lieutenant shall give or withhold the assent of Her Majesty to bills passed by the Irish legislative body, and shall exercise the prerogatives of Her Majesty in respect of the summoning, proroguing, and dissolving of the Irish legislative body, and any prerogatives the exercise of which may be delegated to him by Her Majesty.

Bearing in mind what has been said in the preliminary observations in respect of the relation between the executive and the legislative authority, it will be at once understood how much this clause implies, according to constitutional maxims, of the dependence on the one hand of the Irish executive in respect of imperial matters, and of its independence in respect of local matters. The clause is practically co-ordinate and correlative with the clause conferring complete local powers on the Irish Legislature, while it preserves all imperial powers to the Imperial Legislature. The governor is an imperial officer, and will be bound to watch over imperial interests with a jealous scrutiny, and to veto any bill which may be injurious to those interests. On the other hand, as respects all local matters, he will act on and be guided by the advice of the Irish executive council. The system is, as has been shown above, self-acting. The governor, for local purposes, must have a council which is in harmony with the legislative body. If a council, supported by the legislative body and the governor do not agree, the governor must give way unless he can, by dismissing his council and dissolving the legislative body, obtain both a council and a legislative body which will support his views. As respects imperial questions, the case is different; here the last word rests with the mother country, and in the last resort a determination of the executive council, backed by the legislative body, to resist imperial rights, must be deemed an act of rebellion on the part of the Irish people, and be dealt with accordingly.

The above clauses contain the pith and marrow of the whole scheme. The exact constitution of the legislative body, and the orders into which it should be divided, the exclusion or non-exclusion of the Irish members from the Imperial Parliament, indeed, the whole of the provisions found in the remainder of this Bill, are matters which might be altered without destroying, or even violently disarranging, the Home-rule scheme as above described.

Clauses 9, 10, and 11 provide for the constitution of the legislative body; it differs materially from the colonial legislative bodies, and from the Legislature of the United States. For the purpose of deliberation it consists of one House only; for the purpose of voting on all questions (except interlocutory applications and questions of order), it is divided into two classes, called in the Bill "Orders," each of which votes separately, with the result that a question on which the two orders disagree is deemed to be decided in the negative. The object of this arrangement is to diminish the chances of collision between the two branches of the Legislature, which have given rise to so much difficulty both in England and the colonies. Each order will have ample opportunity of learning the strength and hearing the arguments of the other order. They will therefore, each of them, proceed to a division with a full sense of the responsibility attaching to their action. A further safeguard is provided against a final conflict between the first and second orders. If the first order negative a proposition, that negative is in force only for a period of three years, unless a dissolution takes place sooner, in which case it is terminated at once; the lost bill or clause may then be submitted to the whole House, and if decided in the affirmative, and assented to by the Queen, becomes law. The first order of the Irish legislative body comprises 103 members. It is intended to consist ultimately wholly of elective members; but for the next immediate period of thirty years the rights of the Irish representative peers are, as will be seen, scrupulously reserved. The plan is this: of the 103 members composing the first order, seventy-five are elective, and twenty-eight peerage members. The qualification of the elective members is an annual income of £200, or the possession of a capital sum of £4000 free from all charges. The elections are to be conducted in the electoral districts set out in the schedule to the Bill. The electors must possess land or tenements within the district of the annual value of £25. The twenty-eight peerage members consist of the existing twenty-eight representative peers, and any vacancies in their body during the next thirty years are to be filled up in the manner at present in use respecting the election of Irish representative peers. The Irish representative peers cease to sit in the English Parliament; but a member of that body is not required to sit in the Irish Parliament without his assent, and the place of any existing peer refusing to sit in the Irish Parliament will be filled up as in the case of an ordinary vacancy. The elective members of the first order sit for ten years; every five years one half their number will retire. The members of the first order do not vacate their seats on a dissolution of the legislative body. At the expiration of thirty years, that is to say, upon the exhaustion of all the existing Irish representative peers, the whole of the upper order will consist of elective members. The second order consists of 204 members, that is to say, of the 103 existing Irish members (who are transferred to the Irish Parliament), and of 101 additional members to be elected by the county districts and the represented towns, in the same manner as that in which the present 101 members for counties and towns are elected--each constituency returning two instead of one member. If an existing member does not assent to his transfer, his seat is vacated.

A power is given to the Legislature of Ireland to enable the Royal University of Ireland to return two members.

The provisions with respect to this second order fall within the class of enactments which are alterable by the Irish Legislature. After the first dissolution of parliament the Irish Legislature may deal with the second order in any manner they think fit, with the important restrictions:--(1) That in the distribution of members they must have due regard to population; (2) that they must not increase or diminish the number of members.

The transfer to the Irish legislative body of the Irish representative peers, and of the Irish members, involves their exclusion under ordinary circumstances from the Imperial Parliament, with this great exception, that whenever an alteration is proposed to be made in the fundamental provisions of the Irish Government Bill, a mode of procedure is devised for recalling both orders of the Irish legislative body to the Imperial Parliament for the purpose of obtaining their consent to such alteration (clause 39).

Further, it is right to state here that Mr. Gladstone in his speech on the second reading of the Bill proposed to provide, "that when any proposal for taxation was made affecting the condition of Ireland, Irish members should have an opportunity of appearing in the House to take a share in the transaction of that business."

Questions arising as to whether the Irish Parliament has or not exceeded its constitutional powers may be determined by the ordinary courts of law in the first instance; the ultimate appeal lies to the Judicial Committee of the Privy Council. An additional safeguard is provided by declaring that before a provision in a Bill becomes law, the Lord Lieutenant may take the opinion of the Judicial Committee of the Privy Council as to its legality, and further, that without subjecting private litigants to the expense of trying the constitutionality of an Act, the Lord Lieutenant may, of his own motion, move the judicial committee to determine the question. With a view to secure absolute impartiality in the committee, Ireland will be represented on that body by persons who are or have been Irish judges (clause 25).

The question of finance forms a separate portion of the Bill, the provisions of which are contained in clauses twelve to twenty, while the machinery for carrying those enactments into effect will be found in Part III. of the Land Bill. The first point to be determined was the amount to be contributed by Ireland to imperial expenses. Under the Act of Union it was intended that Ireland should pay 2/17ths, or in the proportion of 1 to 7-1/2 of the total expenditure of the United Kingdom. This amount being found exorbitant, it was gradually reduced, until at the present moment it amounts to something under the proportion of 1 to 11-1/2. The bill fixes the proportion at 1/15th, or 1 to 14, this sum being arrived at by a comparison between the amount of the income-tax, death-duties, and valuation of property in Great Britain, and the amount of the same particulars in Ireland. The amount to be contributed by Ireland to the imperial expenditure being thus ascertained, the more difficult part of the problem remained to provide the fund out of which the contribution should be payable, and the mode in which its payment should be secured. The plan which commended itself to the framers of the Bill, as combining the advantage of insuring the fiscal unity of Great Britain and Ireland, with absolute security to the British exchequer, was to continue the customs and excise duties under imperial control, and to pay them into the hands of an imperial officer. This plan is carried into effect by the conjoint operation of the clauses of the Irish Government Bill and the Irish Land Bill above referred to. The customs and excise duties are directed to be levied as heretofore in pursuance of the enactments of the Imperial Parliament, and are excepted from the control of the Irish Legislature, which may, with that exception, impose any taxes in Ireland it may think expedient. The imperial officer who is appointed under the Land Bill bears the title of Receiver-General, and into his hands not only the imperial taxes (the customs and excise duties), but also all local taxes imposed by the Irish Parliament are in the first instance paid. (See Clauses 25-27 of the Land Bill.) The Receiver-General having thus in his hands all imperial and local funds levied in Ireland, his duty is to satisfy all imperial claims before paying over any moneys to the Irish Exchequer. Further, an Imperial Court of Exchequer is established in Ireland to watch over the interests of the Receiver-General, and all revenue cases are to be tried, and all defaults punished in that court. Any neglect of the local authorities to carry into effect the decrees of the Imperial Court will amount to treason, and it will be the duty of the Imperial Government to deal with it accordingly.

Supposing the Bill to have passed, the account of the Exchequer in Ireland would have stood thus:--

RECEIPTS.

1. _Imperial Taxes_:
(1) Customs . . . . . . . . . . £1,880,000
(2) Excise . . . . . . . . . . 4,300,000
--------- £6,180,000

2. _Local Taxes_:
(1) Stamps . . . . . . . . . . . £600,000
(2) Income-Tax at 6_d_. in £ . . 550,000
--------- £1,150,000

3. _Non-Tax Revenue_:
(Post Office, Telegraph, etc.) . . . . . £1,020,000
----------
£8,350,000

EXPENDITURE.

1. _Contribution to Imperial Exchequer_ on basis of
1/15th of Imperial Expenditure, viz.:
(1) Debt Charge . . . . . . . . £1,466,000
(2) Army and Navy . . . . . . . 1,666,000
(3) Civil Charges . . . . . . . 110,000
--------- £3,242,000
2. _Sinking Fund_ on 1/15th of
Capital of Debt . . . . . . . . . . . . . 360,000
3. _Charge for Constabulary_[14] . . . . . . . 1,000,000
4. _Local Civil Charges_
other than Constabulary . . . . . . . . . 2,510,000
5. _Collection of Revenue_:
(1) Imperial Taxes . . . . . . £170,000
(2) Local Taxes . . . . . . . . 60,000
(3) Non-Tax Revenue . . . . . . 604,000
------- 834,000
6. _Balance_ or Surplus . . . . . . . . . . . . 404,000
--------
£8,350,000

The Imperial contribution payable by Ireland to Great Britain cannot be increased for thirty years, though it may be diminished if the charges for the army and navy and Imperial civil expenditure for any year be less than fifteen times the contribution paid by Ireland, in which case 1/15th of the diminution will be deducted from the annual Imperial contribution. Apart from the Imperial charges there are other charges strictly Irish, for the security of the payment of which the Bill provides. This it does by imposing an obligation on the Irish legislative body to enact sufficient taxes to meet such charges, and by directing them to be paid by the Imperial Receiver-General, who is required to keep an imperial and an Irish account, carrying the customs and excise duties, in the first instance, to the imperial account, and the local taxes to the Irish account, transferring to the Irish account the surplus remaining after paying the imperial charges on the imperial account. On this Irish account are charged debts due from the Government of Ireland, pensions, and other sums due to the civil servants, and the salaries of the judges of the supreme courts in Ireland.

Some provisions of importance remain to be noticed. Judges of the superior and county courts in Ireland are to be removable from office only on address to the Crown, presented by both orders of the Legislative body voting separately. Existing Civil servants are retained in their offices at their existing salaries; if the Irish Government desire their retirement, they will be entitled to pensions; on the other hand, if at the end of two years the officers themselves wish to retire, they can do so, and will be entitled to the same pensions as if their office had been abolished. The pensions are payable by the Receiver-General out of the Irish account above mentioned.

The supremacy of the Imperial Parliament over all parts of the Empire is an inherent quality of which Parliament cannot divest itself, inasmuch as it cannot bind its successors or prevent them from repealing any prior Act. In order, however, to prevent any misapprehension on this point clause 37 was inserted, the efficacy of which, owing in great measure to a misprint, has been doubted. It is enough to state here that it was intended by express legislation to reserve all powers to the Imperial Parliament, and had the Bill gone into Committee the question would have been placed beyond the reach of cavil by a slight alteration in the wording of the clause. This summary may be concluded by the statement that the appellate jurisdiction of the House of Lords over actions and suits arising in Ireland (except in respect of constitutional questions reserved for the determination of the Judicial Committee of the Privy Council as explained above), and with respect to claims for Irish Peerages, is preserved intact.

The object of the Land Bill was a political one: to promote the contentment of the people, and the cause of good government in Ireland, by settling once and for ever the vexed question relating to land. To do this effectually it was necessary to devise a system under which the tenants, as a class, should become interested in the maintenance of social order, and be furnished with substantial inducements to rally round the institutions of their country. On the other hand, it was just and right that the landlords should participate in the benefits of any measure proposed for remedying the evils attendant upon the tenure of land in Ireland; and should be enabled to rid themselves, on fair terms, of their estates in cases where, from apprehension of impending changes, or for pecuniary reasons, they were desirous of relieving themselves from the responsibilities of ownership. Further, it was felt by the framers of the Bill that a moral obligation rested on the Imperial Government to remove, if possible, "the fearful exasperations attending the agrarian relations in Ireland," rather than leave a question so fraught with danger, and so involved in difficulty, to be determined by the Irish Government on its first entry on official existence. Such were the governing motives for bringing in the Land Bill.