r 
 
 [BRARY 
 
 THE UNIVERSITY 
 
 OF CAL IFORNIA 
 
 LOS ANGELES
 
 V 
 
 WHAT HOME RULE MEANS NOW 
 
 [REPRINTED FROM " THE /TIMES "BY SPECIAL PERMISSION] 
 
 CONTAINING 
 
 THE HOME EULE BILL OF 1886 
 
 AND 
 
 SECTIONS 25 TO 28 OF THE LAND PURCHASE BILL 
 
 OF 1886 
 
 PUBLISHED BY 
 
 THE LIBERAL UNION OF IRELAND 
 45, DAME-STREET, DUBLIN 
 
 JANUARY, 1893
 
 Printed by PONSONBY AND WELDRICK, Dublin 

 
 CONTENTS. 
 
 ARTICLE I. 
 
 THE BILL OF 1886, 1-9 
 
 po 
 
 Starting point of present policy ' ' The lines already laid 
 
 to down" Land Purchase Bill an " obligation of honour and 
 
 > policy " The " Statutory Parliament" and Executive 
 
 2 Government resting upon it Powers of Lord Lieutenant 
 
 Legislature to consist of two " orders" Procedure in case of 
 
 2 disagreement Term of Legislature five years Restrictions 
 imposed Laws made in violation of some to he void : no 
 such declaration M'ith regard to others Excise and Customs 
 Irish Consolidated Fund Lord Thring's summary of the 
 Financial provisions Mr. Morley at variance with Lord 
 
 3 Thring Supplies in case of war Irish Exchequer Division 
 g to be a Revenue Court under Imperial control Position of 
 
 Judges and higher Civil Servants Dublin Metropolitan 
 ^ Police and Constabulary Final Court of Appeal Assembly 
 
 rj competent to amend or repeal the Act. 
 
 ARTICLE II. 
 
 1. OBJECTIONS AND CONCESSIONS, 10-13 
 
 Distinguished Jurists, Liberal Politicians and men of mark 
 who objected Professor Dicey's "Case against Home 
 Rule" What the Bill did not do Mr. Parnell's view of 
 the financial arrangements Mr. Gladstone's explanation of 
 "vital" and "essential" Mr. Morley on " flexibility of 
 adaptation" Modifications promised as to Customs and 
 Excise Sir C. Russell on the principle of two " orders" 
 Purchase Bill whittled down Mr. Gladstone withdrew his 
 decree that the two Bills were " inseparable."
 
 iv Contents. 
 
 PAGES 
 
 2. RETENTION OF THE IRISH MEMBERS, . . . 13-22 
 
 "Withdrawal of Irish members involves either separation or 
 servitude Ireland under Home Kule compared with the 
 colonies Mr. Chamberlain's position in 1886 Mr. Glad- 
 stone and Mr. Morley on the exclusion of Irish representa- 
 tives In June, 1887, Mr. Gladstone was " open to consider 
 the inclusion " In July, 1888, he had " not the slightest 
 intention or disposition to interpose an objection " In 
 October, 1889, he was perfectly prepared to "accede to the 
 alteration" Effect of presence of Irish members on the con- 
 stitutional method of bringing in and putting out Minis- 
 tries Professor Freeman's criticism of Federation Lord 
 Derby on "five Cabinets and five Parliaments" Lord 
 Hartington on Ireland's " right to political supremacy" 
 Gladstonian protests Mr. Reid, Q.C., on the " in scheme," 
 the "in and out scheme," and the "out scheme" 
 Mr. Asquith favours retention of Irish members in re- 
 duced numbers Irish Separatists indifferent Mr. Red- 
 mond's illustration of the working of the retention scheme. 
 
 ARTICLE III. 
 
 IMPERIAL SUPREMACY AND THE VETO, . . . 23-33 
 
 Mr. Gladstone's emphatic declarations Professor Dicey's 
 opinion Mr. Gladstone and Mr. Morley rely on power of 
 Parliament to withdraw concessions Mr. Bryce and Lord 
 Thring urge a constitutional doctrine Lord Thring and 
 Professor Dicey on the 37th Clause Sir W. Harcourt's 
 Home Rule Mr. Redmond's Challenge as to "Fenian 
 Home Rule" Mr. Parnell's definition of the Irish de- 
 mands Professor Dicey instances the Declaratory Act of 
 1778 Mr. Morley's statement of the intention of the 
 Framers of the Bill Mr. Parnell's " usual clearness" 
 Irish opinions on a subordinate Legislature Mr. Asquith 
 on Imperial Supremacy Mr. Redmond's stipulations 
 Effect of Mr. Gladstone's exaggerated language The Veto 
 as explained by Mr. Gladstone Mr. Redmond's answer 
 Sir C. Russell and Lord Thring do not agree with Mr. 
 Gladstone and Mr. Morley How responsible government 
 would work itself outi
 
 Contents. v 
 
 ARTICLE IV. 
 
 PACKS 
 
 FINALITF, 34-44 
 
 Mr. Gladstone's negotiations with Mr. Paraell The 
 acceptance of the Bill of 1886 as told by Mr. Parnell and 
 Mr. Healy Ultimatum to Mr. Gladstone from Committee 
 Room No. 15 never answered Mr. Gladstone and Mr. 
 Parnell on the same subject Mr. Parnell more definite 
 three months later Mr. Gladstone's praise of Irish modera- 
 tion Mr. Morley is less sanguine Professor Dicey's state- 
 ment of Ireland's position under Home llule Mr. Pamell, 
 Mr. Eedmond, and Mr. Justin M'Carthy agree Mr. 
 "William O'Brien's demand to be "as free as air" Mr. 
 Morley on the Irish contribution Mr. Gladstone's opinion 
 Opinions of some Irish Nationalists since 1886, Mr. Justin 
 M'Carthy, Mr. Dillon, Archbishop Croke, Mr. O'Brien, 
 Mr. Davitt Mr. Patrick Ford, " Christian and philanthro- 
 pist" on "finality " Mr. Cecil Rhodes on an " untaxed 
 Republic." 
 
 ARTICLE V. 
 
 THE UNIONIST POSITION, . ... 45-58 
 
 Unionist position has been fortified since 1886 Safe- 
 guards incompatible with unqualified confidence The 
 " message of peace " and "the obligation of honour and 
 policy " Restrictions which will probably be abrogated 
 Some parallel cases that were appealed to in 1886 The 
 Duke of Argyll on " Ireland a Nation " Character of 
 Irish agitation since 1886 Chief Baron Palles on the 
 " Plan of Campaign " Fintan Lalor's policy adopted 
 by Mr. Dillon, Mr. O'Brien, and Mr. Davitt Results of 
 the Special Commission Mr. Dillon, Mr. Ford, and the 
 Clan-nu-Gael The lesson of Mr. Parnell's collapse in the 
 Divorce Court Meatli Election Petition The position of 
 Ulster How Home Rule would work Threats and pro- 
 mises of Messrs. Dillon and Davitt The Keystone of the 
 Unionist position Mr. Gladstone bound to the Irish ques- 
 tion. 
 
 APPENDICES. 
 
 A. TIIE HOME RULK BILL OF 1886, 59 
 
 B. SECTIONS 25 TO 28 OF THE LAND PCKCHASE BILL OF 1886, 82
 
 INDEX. 
 
 Argyll, Duke of : 
 
 Irish contribution in case of war, 7 
 Instances the seceding States of 
 the South 48 
 
 Asquith, Mr. : 
 
 " One vote one value," .. ..20 
 " Sovereignty" of Imperial Parlia- 
 ment, 29 
 
 Bill of 1886 : 
 
 "What it did not do, .. ..11 
 
 Not final, 34 
 
 For text of Bill, see Appendix A, 59 
 
 Bright, Mr. John : 
 
 " The facts were their own facts," 51 
 " Stupendous injustice," .. ..56 
 
 Browning 1 , Mr. Oscar : 
 
 The exercise of the veto, .. ..31 
 
 Bryce, Mr. : 
 
 Powers of Imperial Parliament, . . 26 
 
 Chamberlain, Mr. J. : 
 
 " The key to the situation," . . 14 
 
 Civil Servants, . . . . . . 8 
 
 Clan-na-Gael, 52 
 
 Comptroller and Auditor-General, 6 
 
 Concessions : 
 
 Customs and Excise, .. ..12 
 
 Two orders, 12 
 
 Purchase Bill, 12 
 
 Mr. Gladstone's letter to Captain 
 
 Verney 13 
 
 Retention or exclusion of Irish 
 
 Members, .. .. 13 
 
 Consolidated Fund : 
 
 Amounts to be charged to, . . 6 
 
 Constitutional Questions : 
 
 To be decided by Judicial Commit- 
 tee, 9 
 
 Conybeare, Mr. : 
 
 Opposed to retention of Irish Mem- 
 bers, 19 
 
 Croke, Archbishop : 
 
 "Legislative independence," .. 28 
 " To be respected abroad," . . 42 
 
 "Afraid the cause is lost," . . 54 
 
 Customs and Excise : 
 
 To be levied by Imperial Parlia- 
 ment, . . . . . . . . 5 
 
 Payments out of, . . . . . . 6 
 
 Concession with regard to, . . 12 
 
 Davitt, Mr. M. : 
 
 Stepping-stone to Irish Indepen- 
 dence, 42 
 
 " Accumulated hatred," .. ..50 
 " Short work of these gentry, " .. 57 
 Promises " Pensions for life," .. 67 
 
 Derby, Lord : 
 
 On Federation, .. .. ..18 
 
 Dicey, Professor : 
 
 Declaratory Act of 1778, . . . . 26 
 
 Repeal of the Union, . . . . 23 
 
 On the 37th clause, . . . . 24 
 
 " An artificial combination," .. 39
 
 Index. 
 
 VI 1 
 
 Dillon, Mr. John: 
 
 "The flag of National Indepen- 
 dence," .. .. .. ..28 
 
 The hated garrison of England, . . 50 
 Promises, reward, and punishment, 
 
 51,57 
 " "We all want amnesty," . . . . 57 
 
 Finance : 
 
 Affected by both Bills, . . . . 6 
 Lord Thring's summary, . . 6 
 
 Mr. Morley on collection, . . 7 
 
 Mr. ParnelT s opinion, .. ..11 
 Mr. Redmond's opinion, . . . . 40 
 Mr. Morley "an over estimate," 41 
 Mr. Gladstone's " generous '' 
 arrangement, 41 
 
 Ford, Mr. Patrick : 
 
 " This talk about finalities," .. 43 
 On the dynamiters, . . . . 52 
 
 Freeman, Professor : 
 Federation impossible, 
 
 Gladstone, Mr. W. E. : 
 
 " On the lines already laid down," 2 
 " Obligation of honour and policy," 2 
 41 Twinship existed no longer," . . 2 
 Estimate of Irish revenue, . . 5 
 
 Explains "vital" and "essential," 12 
 Letter to Captain Verney, . . 13 
 
 On exclusion of Irish Members, . . 15 
 Imperial and local affairs, . . . . 15 
 Changing his mind. .. ..16 
 
 His position in 1887 16 
 
 1888, . ..16 
 
 1889, .! ..17 
 
 Authority of Imperial Parliament, 23 
 Explanation of the Veto, . . 30, 32 
 Negotiations with Mr. Parnell, . . 34 
 Questions from Committee Boom 
 
 15 36 
 
 His opinion of the Irish Members, 37,38 
 " A generous arrangement," . . 41 
 " Conspicuous moderation," .. 49 
 " Bound to the Irish question," . . 58 
 
 Harcourt, Sir W. : 
 
 Dismemberment of Ireland from 
 
 England, 1 
 
 Supremacy of Imperial Parliament, 25 
 Fenian Home Rule, . . 25, 26 
 
 Hartington, Lord : 
 
 Irish political supremacy, . . 19 
 
 Healy, Mr. : 
 
 States what he will accept, . . 36 
 
 On private judgment, . . . . 55 
 
 Judges, 
 
 S 
 
 Labouchere, Mr. : 
 
 Opposed to retention of Irish mem- 
 bers, . . . . . . . . 19 
 
 Land Purchase Bill : 
 
 Linked witb Home Rule Bill, . . 2 
 Collectors to be appointed by Irish 
 Legislature, . . . . . . 7 
 
 Sections 25 to 28, see Appendix B, 82 
 
 M'Carthy, Mr. Justin : 
 
 Agrees with Mr. Redmond, . . 26 
 " Ireland a nation," .. ..42 
 
 Maden, Mr. : 
 
 Gas, water, and electricity, . . 47 
 
 Meath Election Petitions, . . . . 54 
 
 Morley, Mr. John : 
 
 At variance with Lord Thring, . . 7 
 On the flexibility of the Bill, . . 12 
 Differences between Ireland and a 
 colony, .. .. .. ..13 
 
 The exclusion of Irish members, 14 
 Imperial and local affairs, . . 15 
 Opposed to retention of Irish mem- 
 bers 19 
 
 Power of Imperial Parliament, . . 27 
 
 On the veto, 32 
 
 On finality, 38 
 
 On the financial provisions, . . 41 
 The Purchase Bill, .. ..46 
 
 Patronized the Plan of Campaign, 49
 
 Vlll 
 
 Index. 
 
 O'Brien, Mr. W. : 
 
 " The four seas of holy Ireland," 28 
 "As free as air," .. .. ..41 
 
 " Ambassador of an Irish nation," 42 
 ' The twin curses," .. ..50 
 
 O'Connor, Mr. T. P. : 
 
 Says " Amen" to Mr. Redmond, 28 
 
 " Orders" The Two : 
 
 Procedure in case of difference, . . 4 
 
 Altering the Act, . . . . . . 9 
 
 Sir Charles Russell on, . . . . 12 
 
 Not favoured by Gladstonians, 46, 47 
 
 Palles, Chief Baron : 
 
 The Plan of Campaign, . . . . 49 
 
 Parnell, Mr. C. S. : 
 
 On the financial arrangements, 11, 40 
 On retention of Irish members, . . 21 
 Defines the Irish demand, . . 26 
 
 Subordinate legislature, . . 27 
 
 Ideal of an Irish Constitution, . . 33 
 Negotiations with Mr. Gladstone, 34 
 All agreed not to have the Bill, . . 36 
 "Not a complete measure," . . 37 
 
 Police, 8 
 
 Purchase Bill : 
 
 " Obligation of honour," .. ..2 
 
 Whittled down, 12 
 
 Mr. Morley's opinion in 1886, . . 46 
 
 Qualification of Members, . . 3 
 
 Redmond, Mr. J. E. : 
 
 Irish representation at Westminster, 
 
 21, 22 
 
 Challenge to Sir W. Harcourt, . . 25 
 " Ireland a nation," .. ..28 
 Powers that would never be used, 29 
 Explanation of the veto, . . . . 30 
 " A humiliating farce," . . . . 31 
 On the financial arrangement, . . 40 
 On being forced to accept the 
 scheme 43 
 
 Reed, Sir Edward : 
 
 Opposed to retention of Irish mem- 
 bers, 19 
 
 Mr. Justin M'Carthy's observa- 
 tions on, . . . . . . . . 26 
 
 Reid, Mr., Q.C. : 
 
 Three schemes, 
 
 19, 20 
 
 Restrictions : 
 
 Power of Her Majesty in Council, 7, 8 
 Founded on want of confidence, . . 46 
 Will probably be omitted from new 
 BUI, .. .. .. ..47 
 
 Retention or Exclusion of Irish 
 Members : 
 
 Mr. Gladstone's change of mind, 16 
 Public opinion on, . . . . 17 
 
 Effect of retention, . . ..17 
 
 Opinions of Liberal politicians, . . 19 
 Mr. Asquith's opinion, . . . . 20 
 Indifference of Irish Separatists, . . 21 
 Mr. Parnell and Mr. Redmond, . . 21 
 
 Revenue Court, . . . . . . 8 
 
 Rhodes, Mr. Cecil : 
 
 An " uutaxed Republic," . . . . 44 
 
 Special Commission, . . . . 51 
 
 Spurgeon, Mr. : 
 
 Scheme full of absurdities, . . 56 
 
 Thringr, Lord : 
 
 On the financial provisions, . . 6 
 
 Authority of Imperial Parliament, 9 
 
 On the 37th Clause, . . . . 24 
 
 On the veto, 31 
 
 Unionist Declarations : 
 
 Dissenting ministers, 
 Belfast Convention, 
 
 55 
 56 
 
 Veto, The : 
 
 Explained by Mr. Gladstone, . . 30 
 
 Mr. Redmond's answer, . . . . 30 
 
 Mr. Oscar Browning's opinion, . . 31 
 
 Sir C. Russell and Lord Thring, . . 31 
 
 Lord Thring's explanation, . . 31 
 
 Responsible Government, . . . . 33 
 
 Viceroy, The : 
 
 Powers of, . . . . 3, 33 
 
 Walsh, Archbishop : 
 
 His claim for the Irish priesthood, 55
 
 WHAT HOME RULE MEANS NOW, 
 
 I. THE BILL OF 1886. 
 
 JUST seven years ago, soon after the general election of Present 
 1885, when Mr. Gladstone's secession from the Unionist 
 cause was rumoured, though not yet acknowledged, some 
 articles were published in these columns under the title 
 " What Home Rule Means."* The country was then 
 ignorant of the significance of the policy to which the 
 leader of the Liberal party was on the point of committing 
 himself, and many politicians who have since posed as 
 ardent advocates of Home Rule scouted the idea that 
 there could be a compromise, to quote Sir William Har- 
 court's language at Lowestoft, " with men who openly 
 avowed their object was the dismemberment of Ireland 
 from England." f It was easy to indicate the main lines 
 of objection to any of the various schemes of Home Kule 
 that were vaguely discussed. It was impossible to conjec- 
 ture how far Mr. Gladstone would go to meet Mr. Parnell. 
 We are now in a different position. The Bill introduced 
 by Mr. Gladstone in 1886 must be the starting-point 
 of any examination of his present policy. It is true 
 Mr. Gladstone has made a number of concessions, some 
 of which go to the very root of the question, and all of 
 which tend to aggravate the mischief of his original plan. 
 
 *Timet, Dec. 22, 24, and 26, 1885. t Daily Newt, Dec. 8, 1885. 
 
 B
 
 What Home Rule Means Now. 
 
 Home Rule 
 and Land 
 Purchase. 
 
 " Statutory 
 Parliament.' 
 
 But he has never ceased to maintain that his scheme 
 "holds the field." In his reply to Mr. ParnelPs ulti- 
 matum during the debates in Committee Boom No. 15 he 
 wrote : " For me to propose any measure except such as 
 Ireland could approve on the lines already laid down would 
 be fatuity as regards myself and treachery to the Irish 
 nation."* 
 
 The Home Rule Bill of 1886 was linked, it must be 
 remembered, with the Land Purchase Bill, which, by a 
 gigantic financial operation, was to secure the Irish land- 
 lords against the risk, or rather the certainty, of being 
 plundered by a Home Rule Government. But this latter 
 measure, introduced as a solemn " obligation of honour 
 and policy,"f and as safeguarding the concession of legis- 
 lative powers to a Parliament in Dublin, was abandoned 
 by Mr. Gladstone the moment he discovered that he could 
 not bribe the Irish Loyalists to surrender their connexion 
 with Great Britain. Immediately after his defeat at the 
 polls he hastened to announce that he had ascertained it 
 to be his duty " explicitly to acknowledge that the sen- 
 tence which has gone forth for the severance of the two 
 measures was irresistible, and that the twinship, which 
 has been for the time disastrous to the hopes of Ireland, 
 existed no longer."* The plan embodied in the Home 
 Rule Bill, " on the lines already laid down," must be 
 considered, therefore, apart from the main condition for 
 making its policy equitable and safe, subject to which it 
 was presented to the House of Commons and to the con- 
 stituencies in 1886. 
 
 The object of the Home Rule Bill was to establish in 
 Ireland a "statutory Parliament," with an Executive 
 Government resting upon it. The Executive authority 
 
 * Times, December 1, 1890. 
 
 t Hansard, vol. 304, p. 1780. 
 
 % Gladstone, Special Aspects of the Irish Question, 1892, p. 43.
 
 I.] TheBilloflSSQ. 3 
 
 was to be vested in the Lord Lieutenant with the aid of 
 Ministers formally nominated by the Crown, but really 
 appointed in accordance with the wishes of an Irish Par- 
 liamentary majority. The powers of vetoing Bills and 
 of summoning, proroguing, and dissolving the Legislature 
 devolved upon the Viceroy, who was to be a permanent 
 officer, chosen by the Imperial Government and paid out 
 of Imperial funds, freed from any condition as to religious 
 belief, and exempted from interference by statute on 
 the part of the Irish Parliament. That the Viceroy's The veto, 
 authority was to be exercised according to the accepted 
 principles of British constitutionalism was implied, but 
 was not expressly stated, nor, indeed, is there express 
 statutory provision under our present system imposing on 
 the Crown the necessity of acting only upon Ministerial 
 advice. Under our unwritten Constitution no difficulty 
 arises. Political precedents have practically settled the 
 matter. But the application of these precedents to the 
 language of the Bill of 1886 language selected, no 
 doubt, in order to give colour both to the minimizing 
 theories of English public men and to the extreme claims 
 of Irish agitators has led, as we shall see, on this and 
 on other points of the highest importance, to a strange 
 divergence of interpretation between Mr. Gladstone and 
 some of his most influential followers. 
 
 The legislative body, which was practically to nominate The two 
 the advisers of the Viceroy, was framed neither on the bi- 
 cameral nor on the uni-cameral system. Two " orders " 
 were to sit and deliberate together. The first order 
 was to consist of 28 Irish peers the same number as that 
 of the existing representative peers of Ireland during 30 
 years after the passing of the Act ; and 75 elective mem- 
 bers (to be increased at the end of 30 years to 103), with 
 a property qualification of 200 a-year or 4000 capital, 
 sitting for a ten years' term, but one-half retiring every 
 
 B 2
 
 What Home Rule Means Now. 
 
 [I- 
 
 five years, and chosen by electors rated at above 25 
 Procedure. annually. On all questions of legislation or procedure 
 it was provided that " each order shall, if a majority of 
 the members present of either order demand a separate 
 vote, give their votes in like manner as if they were 
 separate legislative bodies ; and if the result of the voting 
 of the two orders does not agree, the question shall be 
 In case of resolved in the negative." In the case of a disagreement 
 disagreement. of ^ Q two or( j e rs, after a dissolution or the lapse of three 
 years, the measure that had fallen through, if again re- 
 jected by the first order and adopted by the second, might 
 be submitted to both orders voting together, and might be 
 determined by a simple majority. The term fixed for the 
 life of the Legislature was five years. 
 
 Restrictions. The restrictions imposed upon this Legislature were 
 manifold. It was prohibited from passing laws affecting 
 the status or dignity of the Crown, the succession, or the 
 regency ; the making of peace and war ; the Army, Navy, 
 and public defence ; treaties and foreign and colonial 
 relations ; dignities or titles ; prize or booty of war and 
 international questions and controversies; treason, alien- 
 age, and naturalization ; trade, navigation, or quarantine ; 
 the postal or telegraph services (except as regards internal 
 intercourse) ; beacons, lighthouses, or seamarks ; coinage, 
 currency, or weights and measures ; copyright, patents, 
 and the like. Laws made in violation of these provisions 
 were declared to be void, but it may be noted that no such 
 declaration was made with respect to the prohibition to 
 legislate for the establishment or endowment of, or inter- 
 ference with, religion, the imposition of religious disability, 
 or the conferring of religious privilege, the interference 
 with denominational schools or charities, or with the con- 
 science clause, the abrogation or alteration of the rights 
 of existing corporations, the imposition of Customs and 
 Excise duties, and any modification of the Act itself,
 
 L] The BilloflSSQ. 
 
 except so far as power was granted to regulate the 
 franchise and method of election, in regard to the " second 
 order." It will be observed that the land question was 
 not withdrawn from the consideration of the Irish Legis- 
 lature, the rights of the Irish landowners being supposed 
 to be adequately safeguarded by the Purchase Bill. 
 
 The reservation of the Customs and Excise duties to be Finance, 
 levied exclusively by the Imperial Parliament brings us 
 to the question of finance. The Irish Legislature was to 
 be empowered to impose taxes, other than duties of Excise 
 and Customs, the produce of which was to be paid into an 
 Irish Consolidated Fund. With respect to the financial 
 relations between the Imperial and the Irish Governments, 
 the contributions of Ireland to the Imperial Consolidated 
 Fund were fixed as follows : 
 
 For the Irish share of the management and interest 
 
 of the National Debt, 1,466,000 
 
 (One-fifteenth of the whole). 
 On account of Imperial expenditure on the Army 
 
 and Navy, 1,666,000 
 
 (One-fifteenth, excluding war charges and 
 
 volunteers.) 
 
 On account of Imperial Civil Expenditure, . . 110,000 
 
 On account of the Royal Irish Constabulary and 
 
 the Dublin Metropolitan Police, . . . 1,000,000 
 There was also to be paid to the National Debt 
 Commissioners towards the reduction of debt 
 (in respect of the Irish share, estimated at 
 48,000,000), an annual sum of ... 360,000 
 
 The aggregate of these contributions was over 
 4,600,000, but provision was made for reducing certain 
 of the items (e. g., the debt charge on the capital, and the 
 charge for the police in case of the disbanding of the 
 force), in accordance with varying circumstances. In his 
 speech on the introduction of the Bill, Mr. Gladstone 
 estimated the whole of the Exchequer receipts of Ireland 
 at 8,350,000, of which over 6,000,000 was contributed
 
 6 
 
 What Home Rule Means Now. 
 
 [I- 
 
 Customs and 
 
 Excise 
 
 Account. 
 
 Irish Consoli- 
 dated Fund. 
 
 Lord Thring' 
 summary of 
 Financial 
 results. 
 
 by Excise and Customs.* Both the Customs and Excise 
 account and the Irish Consolidated Fund were placed 
 under the control of a Comptroller and Auditor-General 
 for Ireland, who was to see that they were duly appro- 
 priated. The Customs and Excise account was charged 
 in the following order : (1) with the expenses of 
 collection and management ; (2) with the annual contri- 
 butions above-mentioned to the Imperial Consolidated 
 Fund ; (3) with the contribution to the National Debt 
 Commissioners ; (4) with payments such as for possible 
 deficits on the Irish Church Fund or the Public Loans 
 Commission ; (5) with payments to meet possible 
 deficiencies upon the land purchase advances. The 
 Irish Consolidated Fund was charged in similar order : 
 (1) with any deficiency upon the Customs and Excise 
 account appropriated as aforesaid ; (2) with the payment 
 of any debt contracted by the Irish Government; (3) 
 with the Irish Civil Service expenditure, excepting the 
 Viceroy's salary ; (4) with the salaries and pensions of 
 Judges hereafter appointed ; (5) with payments to meet 
 deficits on the Church Fund and Public Loans 
 Commission, in case the Customs and Excise account 
 should be exhausted. The unapplied balance in each 
 case was to be handed over to the Irish Government for 
 its general purposes. 
 
 The effect of the complicated provisions for securing 
 these financial results, partly embodied in the Home 
 Rule Bill, and partly in the Land Purchase Bill, is thus 
 summed up by Lord Thring, the draughtsman of both 
 measures. He says : 
 
 It was 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 
 
 * Hansard, vol. 304, p. 1078.
 
 i.] The Bill of 1886. 7 
 
 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 with adequate means for enforcing 
 all Imperial powers by Imperial civil officers. ( Contemporary Review, 
 March, 1887, p. 316.) 
 
 On the last point, curiously enough, Lord Thring At variance 
 is at variance with Mr. Morley, who contends that, as Morley. r 
 shown by clauses 26 and 27 of the Purchase Bill (see 
 Appendix B) : 
 
 It was the intention of the late Cabinet that both the instalments 
 payable by tenants who bought their holdings under that Bill and 
 the taxes imposed by the Irish Legislature should be collected, not 
 by British officers, but by such collectors as the Irish Government may 
 from time to time appoint for that purpose. (Nineteenth Century, 
 February, 1887, p. 312, note.) 
 
 In examining this question, on which Mr. Morley 
 appears to be in the right, the financial clauses (12-20) of 
 the Home Rule Bill must be read in connexion with 
 clauses 25-28 of the Purchase Bill (see Appendix B) . 
 
 Two supplementary provisions relating to finance must Irish contri- 
 be noticed. Though Mr. Gladstone has always main- O f ^. m 
 tained that the Irish Legislature is not to meddle in 
 matters of peace and war, an obscure and, at the time, a 
 hardly noticed provision gives power to that Legislature 
 to vote additional supplies in support of war measures, to 
 be paid over to the Imperial Government. This implies, 
 as the Duke of Argyll has pointed out, that, if the Irish 
 Legislature wish to refuse such assistance, beyond the 
 limited amount fixed as the Irish share of the army 
 and navy peace establishment, they cannot be pressed to 
 vote a penny, however urgent the need of the Imperial 
 Government may be. 
 
 A sub-section of the following clause, section 19, is still Sub-section 1 9. 
 more remarkable : 
 
 Notwithstanding that the Irish Legislature is prohibited by this
 
 8 
 
 What Home Rule Means Now. 
 
 Revenue 
 Court. 
 
 Act from making laws relating to certain subjects, that Legislature 
 may, with the consent of Her Majesty in Council first obtained, appro- 
 priate any part of the Irish public revenue, or any tax, duty, or 
 impost imposed by such Legislature, for the purpose of and in 
 connexion with such subjects. 
 
 Thus it appears that money could be voted for endowing- 
 the Roman Catholic Church or supporting Jesuit schools 
 if a pliant Ministry should be in power here in England. 
 The withdrawal of the 24th clause, excluding the Irish 
 members from the Imperial Parliament, would make 
 pliancy of the kind apprehended more probable. The 
 Irish Exchequer Division was constituted a Eevenue Court 
 under Imperial control [future Judges to be jointly ap- 
 pointed by the English Lord Chancellor and the Irish 
 Viceroy], with power to enforce its decrees in revenue 
 cases primarily through the sheriff and his officers ; and, 
 according to Mr. Morley, it was the intention though 
 not expressed in the Bill to give this tribunal the power 
 of drawing upon the military and other forces of the 
 Crown, independently of the Irish Executive, for the 
 same purpose. The position of the other existing Judges, 
 both of the High Court and of the County Courts, was 
 secured by reserving authority over them to the Imperial 
 Parliament, while it also provided that, if they desired to 
 retire, they might receive full pension, though they had 
 not technically qualified for it. This last provision was 
 also applied to the case of the higher civil servants retir- 
 ing at the end of ten years or at the desire of the Irish 
 Government. Existing pensions were to be charged upon 
 the Customs and Excise Fund, supplemented by the Irish 
 Consolidated Fund, and if necessary by the Imperial 
 New Judges. Consolidated Fund. New Irish Judges were only to be 
 removable on the address of the two orders of the Irish 
 Legislature voting separately. The Dublin Metropolitan 
 Police were placed under the direct control of the Lord 
 Lieutenant for a period of two years, and the Con- 
 
 Existing 
 
 Judges. 
 
 Police.
 
 I.] TheBilloflSSG. 9 
 
 stabulary so long as it existed, but the Irish Legislature 
 was empowered to create other local police forces. 
 
 The Judicial Committee of the Imperial Privy Council Supreme 
 was erected into something like a Supreme Court for Court - 
 deciding on constitutional questions. To this body, aug- 
 mented for the special purpose by past or present Judges 
 of the High Court in Ireland, the Viceroy might, before 
 assenting to them, refer any Bills passed by the Irish 
 Legislature as to the validity of which he was doubt- 
 ful, or any similar questions arising out of any Act 
 passed or out of any non-legislative matters; while in 
 actual legal proceedings, where the law was challenged as 
 unconstitutional, an appeal could be taken to the Judicial 
 Committee, of which the decision should be final, and 
 should exclude the appellate jurisdiction of the House of 
 Lords. A provision was added, with the intent of saving 
 the supreme authority of the Imperial Parliament, but 
 this has been condemned as unsatisfactory even by the 
 draughtsman of the Bill.* If the point is to be seriously 
 dealt with it must be differently handled. 
 
 Finally, the Act itself could only be altered by calling HOW the Act 
 into existence a body differing both from the Imperial ^itfred * 
 Parliament, as constituted after the exclusion of the Irish 
 members, which is that described in the Bill, and from 
 the Irish Legislature. The Irish representative peers 
 were to return for this purpose to the Upper House at 
 Westminster, and one of the members for each Irish 
 constituency, to be selected by the Irish Legislature, to 
 the Lower House, which would thus be restored once 
 more to its present number. If the Irish members should 
 be retained in the Imperial Parliament, this arrangement, 
 which might cause serious and incalculable complications 
 in the balance of parties in the British Parliament, would, 
 no doubt, be abandoned. 
 
 * Section 37. See Lord Thring, Contemporary Review, March, 1887, p. 315.
 
 10 
 
 What Home Rule Means Now. 
 
 [II. 
 
 II. OBJECTIONS AND CONCESSIONS. RETEN- 
 TION OF THE IRISH MEMBERS. 
 
 THE elaborate machinery and the complicated provisions 
 of the Home Rule Bill of 1886, which we have sum- 
 marized in the preceding article, partially concealed, and 
 were, perhaps, intended wholly to conceal, the difficulties 
 and the ambiguities of the policy Mr. Gladstone desired 
 to force through the House of Commons. It would not 
 have been surprising if Parliament and the public had 
 been unable to see the wood for the trees. Looking back 
 upon the controversy, which was brought to close quarters 
 on the introduction of the Bill on April 8, and was closed 
 for the time when, three months later, the constituencies, 
 of the United Kingdom pronounced by a great majority 
 against the Gladstonian scheme, we must feel astonish- 
 ment at the promptitude and clearness with which the 
 mischief and the blunders were discerned and exposed 
 both in the House of Commons and in the Unionist 
 Press. Lord Selborne, Lord Bramwell, Sir Henry James, 
 Sir James Stephen, and other distinguished jurists, supple- 
 mented, from the constitutional point of view, the political 
 arguments urged by Lord Hartington, Mr. Bright, the 
 Duke of Argyll, Mr. Chamberlain, Mr. Goschen, Lord 
 Derby, Lord Grey, and other Liberals of light and lead- 
 ing, as well as by the whole body of the Conservative 
 party. An unparalleled consensus of opinion among 
 Men of mark, men of mark not personally engaged in political strife 
 was elicited on the side of the Union. Lord Tennyson, 
 Mr. Froude, Professor Huxley, Mr. Matthew Arnold, 
 Mr. Lecky, Professor Tyndall, Mr. Goldwin Smith, Sir 
 
 Jurists who 
 criticized the 
 Bill. 
 
 Politicians.
 
 II.] Objections and Concessions. \ 1 
 
 Frederic Leighton, and Mr. Swinburne are only a few 
 among many eminent names that could be mentioned. 
 After tbe defeat of tbe Separatists at tbe polls, Professor 
 Dicey summed up tbe " Case against Home Rule"* in a Professor 
 closely-reasoned argument, wbicb remains tbe most com- 
 plete and thoroughgoing analysis of the Unionist position. 
 Though Mr. Gladstone and his followers endeavoured 
 vainly to throw upon Unionists the responsibility of 
 adopting a positive policy on many of tbe questions raised 
 by the Bill, it was clear that a negative attitude was quite 
 sufficient. 
 
 The government of Ireland on Unionist principles 
 being at once a working hypothesis and an established 
 fact and this has become more distinctly the case since 
 the administration of Mr. Balfour it was enough to show 
 that, upon any of the different interpretations which could 
 be given to the ambiguous and inconsistent language of 
 Mr. Gladstone's measure, the results must fail to secure 
 the conditions laid down as indispensable by its author. 
 It did not effectually safeguard either the supremacy What the Bill 
 of the Imperial Parliament or the rights and liberties 
 of Irish minorities. It contravened, in one direction 
 or another, the elementary principles of constitutional 
 government. It offered no reasonable hope of a " real 
 and final settlement " of our difficulties with Ireland. 
 
 The impracticable character of the Bill would have been 
 even more apparent if Mr. Parnell and his party had 
 spoken out what was in their minds; but for reasons after- 
 wards given in Committee Room No. 15, they were silent 
 as to most points of difference, though reserving the right 
 to criticize in Committee the financial arrangements cha- 
 racterized by Mr. Parnell at the time as " unnecessary," Mr. Parnell on 
 "absurd," "most offensive," and a "source of irritation, "f arrangement*. 
 
 * The 2nd edition is referred to throughout. 
 
 t Hatuard, vol. 304, pp. 1853-1864; geo also pp. 1131-1133.
 
 What Home Rule Means Now. 
 
 [II. 
 
 Morley. 
 
 First 
 concession 
 
 The Gladstonians, however, swallowed greedily the effusive 
 commonplaces with which the Irish Parliamentary party 
 professed to welcome the Bill when they found for the 
 time that they could get no more. But Ministers looked 
 
 Concessions by about for concessions by which they hoped to soothe the 
 
 Mr. Gladstone J J . 
 
 and Mr. tears or allay the discontent of the various sections they 
 
 hoped to bring together into the lobby on the second read- 
 ing. Mr. Gladstone himself hastened to explain that 
 when he used the words "vital" and '" essential" of 
 several provisions of the Bill he did not intend to convey 
 the impression that these provisions could not be modified 
 or even dropped. Mr. Morley, though he maintained 
 that it was not intended to remodel the measure or to 
 " turn it inside out," admitted that it was not a " cast- 
 iron " Bill, and admired its "flexibility of adaptation."* 
 The first concessions were made just before the Bill was 
 brought in, when the control of the Customs and Excise 
 was reserved at the last moment to the Imperial Govern- 
 ment and Parliament, in order to prevent Mr. Guilders 
 and Mr. Mundella, as it was understood at the time, and 
 possibly, Sir William Harcourt, from following the ex- 
 ample of Mr. Chamberlain and Mr. Trevelyan in resigning. 
 Then Sir Charles Russell threw overboard the principle of 
 the two "orders,"! against which Mr. Parnell had entered 
 a protest, and with it one of the main safeguards provided 
 for the rights of minorities and for the independence of 
 The Purchase the judiciary. The Purchase Bill, though founded by 
 Mr. Gladstone on obligations of " honour and good faith," 
 was from the first whittled down. The Irish landlords 
 were warned that " the sands were running out in the 
 hour-glass.":!: The amount assigned for buying out every 
 landlord who chose to insist upon it was cut down from 
 
 * Speech at Glasgow, Times, May 1, 1886. 
 
 t Hansard, vol. 306, p. 58. 
 
 J Mr. Gladstone's Midlothian letter, Times, May 4, 1886. 
 
 Second 
 concession 
 
 BUI.
 
 ii.] Objections and Concessions. 13 
 
 about 120 millions sterling to 50 millions, with no expla- 
 nation of the manner in which a quart was to be thus got 
 into a pint pot. "When one of Mr. Gladstone's supporters, 
 Captain Verney, being troubled with a delicate conscience, Mr. Gladstone 
 appealed to his chief, the latter gave him a dispensation, \ eT nej. 
 declaring, in regard to the two measures he had pronounced 
 to be "inseparable," that " a vote for the second reading 
 of the Irish Government Bill leaves the giver of it abso- 
 lutely free as to his vote on the Land Purchase Bill."* 
 These indications, conveyed when Mr. Gladstone was 
 angling for the votes of the wavering Liberals, fore- 
 shadowed the " severance of twinship " that immediately 
 followed his defeat. 
 
 On one question of cardinal importance the struggle The 24th 
 was prolonged, and had the most potent effect upon the 
 issue. By the 24th clause it was proposed to be enacted 
 that, after a date fixed, Ireland should wholly cease to 
 return either representative peers or members of the 
 House of Commons to the Imperial Parliament, except 
 for the purpose of altering the Home Rule Constitution. 
 It was at once perceived that this provision involved the 
 alternatives of separation or servitude. The exclusion of 
 the Irish members placed Ireland, so far as Imperial re- 
 presentation was concerned, in the position of one of the 
 great self-governing colonies, in which the connexion 
 with the mother country is simply preserved by mutual 
 goodwill and by the practical abandonment of interference 
 in local affairs by the Imperial Government and Parliament. 
 But, as Mr. Morley has admitted, the case of Ireland Mr. Morley on 
 under Home Rule would be altogether different : b^efr** 
 
 Ireland and 
 
 The Lord Lieutenant, the Receiver-General, the veto, the control a colony, 
 of the military force, the resort on occasion to the Judicial Committee 
 of the Privy Council, all involve relations between the Irish and 
 
 * Timet, May 28, 1886.
 
 14 
 
 What Home Rule Means Now. 
 
 [II. 
 
 Key 
 
 s 
 
 to the 
 situation." 
 
 English Executive, and, therefore, all imply the possibility of 
 collision between the Irish and English Legislatures. (Nineteenth 
 Century, February, 1887, p. 308.) 
 
 The exaction from Ireland, under Mr. Gladstone's Bill, 
 of contributions to the Imperial Treasury was assailed 
 from the first, as we have seen, by Mr. Parnell. It was 
 inconsistent with the position of a self-governing colony, 
 the favourite parallel of the Gladstonians, and with the 
 fundamental doctrine of the Constitution that there shall 
 Mr. Chamber- be no taxation without representation. When Mr. Cham- 
 
 lain'a '* T"m7 
 
 berlain withdrew from the Cabinet he placed this question 
 in the forefront, declaring the retention of the Irish re- 
 presentatives in their full numbers at Westminster to be 
 " the key to the situation," and their participation in the 
 full responsibility for Imperial affairs the only means by 
 which Imperial supremacy over a subordinate Legislature 
 could be secured. But while Unionists generally agreed 
 with Mr. Chamberlain in condemning the absurdity of the 
 proposed exclusion of the Irish Members from the Imperial 
 Parliament, which might involve Ireland in the risks and 
 losses of a war condemned by the Irish Legislature, and 
 which could dispose of millions of money levied upon 
 Ireland without any representative control, they saw equal 
 or greater difficulties in every plan that was suggested for 
 retaining the Irish representation, entirely or partially. 
 The dilemma was not to be escaped, and the successive 
 phases of Mr. Gladstone's dealings with it must be care- 
 fully noted with a view to the proposals of the new Bill. 
 The foundation stone of the original Home Rule speech 
 was the exclusion of the Irish members, as the main object 
 was to deliver the British Parliament from Irish obstruc- 
 tion. Mr. Morley forcibly urged this argument in his speech 
 at Chelmsford not long before he took office,* and it was 
 fully developed by Mr. Gladstone on the introduction of 
 
 Exclusion of 
 the Irish 
 members. 
 
 Times, January 8, 1886.
 
 ii.] Retention of the Irish Members. 15 
 
 the Bill. Assuming that Ireland was to have a Legis- 
 lature of her own for dealing with local affairs, were her 
 representatives, Mr. Gladstone asked, to come to West- Mr. Glad- 
 minster to meddle in English and Scotch affairs ? It was 
 " perfectly clear," it was " universally admitted " that 
 they could not be allowed to do so. But, if not, " is it 
 practicable for Irish representatives to come here for the 
 settlement, not of English and Scotch, but of Imperial 
 affairs?"* Mr. Gladstone was then decidedly of opinion 
 that to distinguish between Imperial and other affairs in 
 the British Parliament was utterly impracticable. He 
 said : " I have thought much, reasoned much, and 
 inquired much with regard to that distinction. I had 
 hoped it might be possible to draw a distinction, but I 
 have arrived at the conclusion that it cannot be drawn. I 
 believe it passes the wit of man. At any rate it passes, 
 not my wit alone, but the wit of many with whom I have 
 communicated. "t Mr. Morley contended in the same Mr. Moriey's 
 sense, in addressing his constituents at Newcastle, that no p< 
 plan of the kind would work : the Irish members would 
 use their votes on Imperial questions with a view to 
 influencing decisions on Irish matters : " 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 feelings would not be conciliated, but 
 would be exasperated."* But Mr. Gladstone had to con- 
 front the growing dissatisfaction of his own followers with Gladstonian 
 the effect of the clause both on Irish constitutional rights 
 and on the supremacy of the Imperial Parliament. At 
 the meeting of his party at the Foreign Office, while the 
 debate on the second reading was pending, he announced 
 
 * Hansard, vol. 304, pp. 1055, 1057. 
 
 t Hansard, vol. 304, pp. 1055, 1057. 
 
 J Speech at Newcastle, Times, April 22, 1886. 
 
 Times, May 28, 1886.
 
 16 What Home Rule Means Now. [n. 
 
 that he was prepared to attempt to draw the distinction 
 Mr. Gladstone that " passed the wit of man." " The Government," he 
 changing his g^^ were quite willing to undertake the responsibility 
 of framing and submitting a plan which would entitle 
 Irish representatives to be invited to Parliament when 
 any proposal for taxation was made which affected the 
 condition of Ireland." And just before the final division 
 on the Bill, he intimated that Parliament, if it so desired, 
 was free to get rid of clause 24 altogether. In Opposition 
 Mr. Gladstone's progress was more rapid. Instead of 
 being merely willing to recall the Irish members to West- 
 minster when financial questions affecting Ireland were 
 His position in brought forward, he had advanced in June, 1887, to the 
 statement in his speech at Singleton Abbey,* that he 
 and his colleagues " were perfectly open to consider the 
 inclusion, if it should be found expedient, of the Irish 
 members in the Westminster Parliament ;"f and in July, 
 In July, 1888. 1888, in a speech at Sir Wilfrid Lawson's, he affirmed 
 that he " had never had the slightest intention or disposi- 
 tion to interpose an objection " as to retaining the Irish 
 members, adding that " as to the practicability of making 
 a plan, there was no question at all about it."+ During 
 In October, the North Bucks election of 1889 he treated the point as 
 settled unconditionally. " I long ago declared," he wrote, 
 "that the public sense appeared to be in favour of the 
 retention of the Irish members, and, this being so, I was 
 perfectly prepared to accede to the alteration." It is, no 
 doubt, in view of these declarations that Mr. Redmond 
 has considered himself justified in stating sans phrase, in 
 the Nineteenth Century for October last, p. 409, that "it is 
 
 * [The residence of Sir Hussey Vivian, M.P., who had voted against the 
 Bill of 1886 and retained his seat unchallenged as a Liberal Unionist, but 
 "found salvation" afterwards.] 
 
 t Times, June 6, 1887. 
 
 I Tintes, July 19, 1888. Star, October 1, 1889.
 
 n.] Retention of the Irish Members. 17 
 
 now admitted officially that the Irish members are to be 
 retained at Westminster." 
 
 Mr. Gladstone, however, has again reckoned without Public 
 public opinion. Discussion has damaged his scheme of retention of 
 retaining the Irish members as fatally as it damaged his the Iri8h 
 scheme for excluding them. Lord Hartington, Lord 
 Derby, Mr. Goschen, Mr. Balfour, and other acute critics 
 have pointed out the impossibility of retaining the Irish 
 members at Westminster, either in their present numbers 
 or in any diminished proportion, whether for some 
 Parliamentary purposes or for all, without gross injustice 
 to England and unparalleled confusion in the House of 
 Commons. If the Irish members are empowered to vote 
 only on Imperial questions, supposing the distinction 
 passing the wit of man to be actually drawn, what is to 
 be the effect on the existing constitutional method of 
 bringing in and putting out Ministries ? Is a Ministry 
 at Westminster, supported on all domestic questions by 
 a strong working majority, to be ejected from office when 
 the Irish members, either in their full strength of 103 or 
 cut down illogically to one-third of that number, are called 
 in to vote on the Army Estimates or the tea duty ? If 
 Ministers resign on the hostile vote of such a temporary 
 majority, how is the opposite party to come in, when it 
 can only command ex hypothesi the support of a minority on 
 all English and Scotch questions? Obviously the only 
 solution is to have two Governments, each with a 
 different law of existence and probably of a different 
 political complexion. The absurdity of an arrangement 
 by which the fate of the Home Secretary, the President 
 of the Local Government Board, the Minister of 
 education, and so forth would be decided by different 
 majorities and different votes from those on which the 
 Chancellor of the Exchequer, the Foreign Secretary, and 
 the like would depend, requires no demonstration. It 
 
 c
 
 18 
 
 What Home Rule Means Now. 
 
 The federal 
 
 Professor 
 Freeman on 
 federation. 
 
 Lord Derby 
 on federation. 
 
 could only be evaded by a complete reconstruction of 
 the United Kingdom on a federal basis, with one supreme 
 Parliament strictly limited to the Imperial sphere, and 
 with four, if not more, subordinate Legislatures con- 
 trolling local affairs in England, Wales, and Scotland, as 
 well as in Ireland. This policy of "Home Eule all 
 round " lias been disavowed, however, by Mr. Gladstone 
 and Mr. Morley, who have both protested that they did 
 not contemplate the rebuilding of the whole political 
 edifice, but only the repairing of one leaking part of the 
 fabric. Lord Derby's trenchant criticism of such a policy 
 is not more telling than the protest recorded against it by 
 the late Professor Freeman, one of the very few eminent 
 men disconnected with "practical politics" who supported 
 Mr. Gladstone in 1886. It was impossible, Mr. Freeman 
 urged,* to make a federation of the United Kingdom on 
 fair and workable conditions without breaking up 
 England itself, "restoring the Heptarchy," and reducing 
 " the Parliament of England which had done great things 
 and made its name in the world for 600 years " to the 
 position of a subordinate body. 
 Lord Derby in 1888 saidf : 
 
 If anybody believes that in these two little islands there is room 
 for four separate national Governments, with one Imperial Govern- 
 ment over them all five Cabinets and five Parliaments and that 
 all these Cabinets and Parliaments can continue to work together, 
 he must be of an exceptionally sanguine disposition, or must possess 
 the happy faculty which some politicians have of being able to shut 
 their eyes very hard. 
 
 If, then, the separation of Imperial from local affairs 
 is not made logical and workable by a federal system 
 which no responsible statesman has yet advocated or 
 thought out, how are the Irish members to be retained at 
 
 * Speech at "Wells, Times, October 5, 1889. 
 
 t Speech at Liverpool, Times, December 18, 1888.
 
 ii.] Retention of the Irish Members. 1 9 
 
 Westminster without injustice to Englishmen and Scotch- 
 men ? The proposal to retain them simpliciter is iniquitous 
 on the face of it. As Lord Hartington has said* : Lord Harting- 
 
 ton on Irish 
 supremacy. 
 
 Ireland has a right, I admit, to equality of political treatment ; 
 but Ireland has no right, and I do not know who has ever claimed 
 for Ireland the right, of political supremacy. And political supremacy 
 it would be if, having conceded to Irishmen the right to be masters 
 in their own house, and the right to tell us that we had no title any 
 longer to interfere in the settlement of the most important of their 
 own internal questions, then they were to retain the right of coming 
 over here and settling for us, perhaps contrary to the will and the 
 wish of the majority of our representatives, the way in which we 
 were to conduct our own internal affairs. 
 
 This is, in truth, as Lord Derby has said, " a proposition 
 too ridiculous for discussion." 
 
 But it is not among the Unionists only that the Gladstonian 
 proposal to keep the Irish members at Westminster is pl 
 condemned as unfair and impracticable. Mr. Labouchere 
 and Mr. Conybeare -have severally entered an emphatic 
 protest against it, and it forms the basis of Sir Edward 
 Reed's recent demonstration of independence. Mr. 
 Morley has never disguised his repugnance to parting 
 with the logical foundation of the Home Rule Policy 
 as laid down in the Chelmsford speech. f These views 
 receive sufficient support among the Gladstonians to make 
 a reversion to the " exclusion " scheme, in spite of its 
 flagrant defects, by no means improbable. Mr. Gladstone 
 will then have boxed the compass of policy to no purpose. 
 He has passed from the " out scheme," of the Bill of 
 1886 to the " in and out scheme " and thence to the " in 
 scheme'," and may have to go back to his original position. 
 A faithful follower of his, Mr. Reid, Q.C., has summed M F Reid 
 up neatly enough in the Contemporary Review for April Q-C., onthe 
 
 r "out scheme. 1 ' 
 
 * Speech at Stirling, Times, October 5, 1889. 
 t See bis speech at Newcastle, Time*, April 22, 1886. 
 C2
 
 20 
 
 What Home Rule Means Now. 
 
 [II. 
 
 The "in and 
 out scheme." 
 
 The "in 
 scheme." 
 
 last * the difficulties of these three schemes. The " out 
 scheme" is "a vast innovation, either not just or not 
 final," involving " an alteration in the status of Ireland 
 which must either be followed by her release from all 
 contributions to Imperial expenditure or provoke an 
 unanswerable complaint of inferiority to every other self- 
 governing part of the Empire." The " in and out 
 scheme " involves " such instability that the mere necessity 
 of avoiding constant changes of Government would 
 weaken the authority of the House of Commons, and 
 thereby enhance that of the Crown and the House of 
 Lords " a thought calculated, indeed, to shake the nerves 
 of the most robust of Radicals! The "in scheme," at 
 which Mr. Gladstone was recently supposed to have 
 halted, is dismissed as subjecting England and Scotland, 
 in their internal affairs, including the choice of their 
 Ministers, to a body of Irish politicians holding the 
 balance of power at Westminster while practically inde- 
 pendent in Dublin an arrangement, Mr. Reid justly 
 observes, " unjust to Great Britain, inconvenient as 
 breeding a legitimate resentment, simple enough if it can 
 be maintained, and of a novelty quite startling, because, 
 though Great Britain may have inflicted, she has never 
 hitherto submitted to inequality." Another Gladstonian 
 lawyer, Mr. Asquith, marked out for higher destinies 
 than Mr. Reid, did not recoil from this last arrangement. 
 Mr. Asquith Mr. Asquith, who is now a member of the Cabinet which 
 "one vote one is hatching the new Home Rule Bill, was prepared as he 
 told his constituents at Ladybank,f to keep the Irish 
 members at Westminster in their full numbers and for all 
 purposes, stipulating, however, that the present excessive 
 representation of Ireland should be reduced on the 
 principle of " one vote one value," and maintaining that 
 
 * Contemporary Review, April, 1892; pp. 485, 486. 
 t Scotsman, January 11, 1892.
 
 II. j Retention of the Irish Members. 21 
 
 the supremacy of the Imperial Parliament would be thus 
 effectively preserved, since it could not be said of any law 
 passed by that body, even if it applied to the local affairs 
 of Ireland, that it was passed by a body in which they 
 (the Irish) were not represented, and by whose decision 
 they were not to be constitutionally bound. 
 
 On this last point it is enough to say that it is irre- Indifference of 
 
 T ' l I> + 
 
 concilable with the attitude taken up both before and after explained/ 
 the Parnellite split by both sections of the Irish Sepa- 
 ratists. Neither before nor after the schism did Mr. 
 Parnell, his successors, and his rivals take any keen 
 interest in the question of the retention of the Irish 
 members at Westminster. Their tone has been one of 
 indifference, sometimes cynical and sometimes ironical. 
 They are evidently of opinion that while the original 
 plan implies practical separation and supplies the ground 
 from which to demand the recognition of " Ireland's 
 nationhood," the retention scheme in either of its forms 
 would give a leverage for compelling English parties to 
 make fresh concessions. Mr. Parnell's account of the Mr. Parnell. 
 Hawarden negotiations has been contested by Mr. Glad- 
 stone, but it has not been denied that the question of the 
 retention of the Irish members was discussed. It was 
 stated by Mr. Parnell, in the manifesto* he issued after 
 his excommunication by the Gladstonian leaders, and the 
 attempt to depose him in Committee Room No. 15, that 
 while he was indifferent on grounds of principle to the num- 
 ber of the Irish representatives in the Imperial Parliament, 
 lie thought it " would be the height of madness for any 
 Irish leader to imitate Grattan's example, and consent to 
 disband the army which had cleared the way to victory," 
 so long as matters of great importance were withdrawn 
 from the Irish Legislature. Mr. Redmond has recently Mr. Redmond, 
 declared that if Mr. Gladstone can solve the difficulty his 
 
 Times, November 29, 1890.
 
 22 What Home Rule Means Now. [n. 
 
 solution " will be received without any very close scrutiny 
 into its strict logic on our part."* This is quite natural, 
 for it is Englishmen and Scotchmen, not Irishmen, who 
 would have to complain of Mr. Gladstone's deficiency in 
 " strict logic," while Mr. Redmond's tolerant offer is 
 linked with proposals that would reduce Imperial su- 
 premacy over the Irish Legislature, and over Irish affairs, 
 to the most impalpable shadow. It is worth while, at the 
 same time, to take note of a pregnant criticism of Mr. 
 Eedmond's on the working of the retention scheme in the 
 limited form. " What," he says,* " is the most completely 
 Imperial of all affairs ? Surely the existence of the Imperial 
 Government. The Imperial Government will depend for 
 its existence, and all Imperial policy depends for its con- 
 tinuance, upon the support of Parliament. The fate of a 
 Ministry may depend upon the decision of Parliament 
 upon some purely English or Scotch question, as, for 
 example, the question of Disestablishment. Does not 
 this purely British question become an Imperial one, 
 upon which Ireland would be entitled to vote the moment 
 the existence of the Imperial Government depends upon 
 its decision ?" It is impossible to give a more striking 
 instance of the bewildering subtleties of distinction which 
 Mr. Gladstone once regarded as " passing the wit of 
 man." 
 
 * Nineteenth Century, October, 1892, p. 522.
 
 in.] Imperial Supremacy and the Veto. 23 
 
 III. IMPERIAL SUPREMACY THE VETO. 
 
 THK controversy respecting the retention of the Irish 
 members at Westminster has thrown much light upon 
 the questions, discussed in a somewhat academic spirit in 
 1886, whether under the Bill of that year the supremacy 
 of the Imperial Parliament was maintained notwithstand- 
 ing the concession of a subordinate Legislature, and 
 whether the Act of Union was in fact repealed. Mr. 
 Gladstone, whose faith in the potency of words and 
 phrases has always transcended his power of discerning 
 realities, seems to have assumed that he could place these 
 points beyond the region of debate by large and emphatic 
 declarations on his own part. He repeatedly reaffirmed 
 his adhesion on the first point to the language he had 
 used in Mid-Lothian some years before, when he said* : 
 " Nothing can be done by any wise statesman or right- Mr. Gladstone 
 minded Briton to weaken or compromise the authority of 
 the Imperial Parliament. The Imperial Parliament must 
 be supreme in the three Kingdoms, and nothing that 
 creates a doubt on that supremacy can be tolerated by 
 any intelligent or patriotic mind." On the second point 
 he wrote (Nov., 1890)f : " The essence of the Union lies 
 iu this, that the right of supreme government resides at 
 Westminster." Professor Dicey, supported by the opinion Prof. Dicey 
 of the most eminent lawyers in both Houses of Parlia- 1886. 
 ment, maintains:? that the Bill of 1886 amounts to a repeal 
 of the Union, not only in substance, but in law, inasmuch 
 
 * Times, November 27, 1879. 
 t Special Aspects of the Irish Question, p. 371. 
 
 J Dicey's Case against Some Rule, p. 227 ; see as to the general constitu- 
 tional effect of the scheme, pp. 233-249.
 
 24 What Home Rule Means Now. [in. 
 
 as the representation of all parts of the United Kingdom 
 " in one and the same Parliament " would cease to exist ; 
 but, of course, if the Irish members were retained, this 
 argument would pro tanto fall to the ground. What is 
 material to note is, that Mr. Gladstone treats the main- 
 tenance of the supreme authority of the Imperial Parlia- 
 ment, whether the Irish members are excluded or included, 
 as constituting " the essence of the Union." 
 
 Lord Thiing What, then, is this supremacy ? Mr. Gladstone and 
 
 clause 3 . 3 ' ^- r - Morley point to the reserved power of Parliament to 
 withdraw or modify by legislation any concessions that 
 may have been granted in the same way. Mr. Bryce 
 and Lord Thring have laid stress on the constitutional 
 doctrine, that Parliament can in strict law repeal any of 
 its former Acts, and that in truth the only limitation 
 upon its powers is that it cannot bind its successors. The 
 question, however, is less simple than the mere statement 
 of these propositions would make it out to be. This, 
 indeed, was admitted by the authors of the Bill when 
 they inserted the 37th clause. 
 
 It seemed well (writes Lord Thring, who drafted the Bill himself) 
 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. (Contemporary Review, 
 March, 1887, pp. 314-315.) 
 
 Lord Thring has admitted that the 37th clause, as it 
 originally stood, was "doubtful and inaccurate," but has 
 
 1'rof. Dicey argued that it could, and would, have been amended in 
 committee. Professor Dicey, in the appendix to his 
 
 amended. " Case against Home Kule," p. 309, thus prints the
 
 in.] Imperial Supremacy and the Veto. 25 
 
 amended clause, "as I am informed it ought to have 
 been originally printed," but the difference is scarcely 
 perceptible : " Save as therein expressly provided, all 
 matters in relation to which it is not competent for the 
 Irish Legislative Body to make or repeal laws shall 
 remain, and be within, the exclusive authority of the 
 Imperial Parliament, whose power and authority in rela- 
 tion thereto, save as aforesaid, shall in nowise be dimin- 
 ished or restrained by anything herein contained." The 
 clause, whether as it originally stood, or as it was to be 
 amended, according to Mr. Dicey, wholly fails to carry 
 out the object avowed by Lord Thring. For, evidently, 
 the saving affects the very point in dispute. 
 
 The Imperial Parliament expressly renounces the right HOW the 
 in any case to use its " supreme authority " for legislating clause fails - 
 on any questions except those which the Irish Legislature 
 is not competent to deal with. But what of the subjects 
 which the Irish Legislature is competent to deal with ? 
 Over these, as the Unionists have all along contended, 
 the reservation in words or by inference of the Imperial 
 supremacy gives no practical means of control, yet when 
 it is objected that those powers may be abused, it is 
 thought by the Gladstonians a sufficient answer to say 
 that the Imperial Parliament is able to intervene. When 
 Sir William Harcourt says * that his party have con- sir William 
 tended for " the right of the Irish people to manage ^ Je^ufe 
 their own affairs, subject always subject to the control 
 of the Imperial Parliament," he is offering what the Irish 
 Separatists of both factions have neither asked for nor 
 accepted, and what, therefore, is, on the principles laid 
 down by Mr. Gladstone and Mr. Morley, quite worthless. 
 It is no wonder that, when Mr. Redmond challenged him Mr. Red. 
 in the House of Commons f to state whether or not jJJj' 8cha1 ' 
 
 * Times, April 18, 1892. 
 
 t Hatuard, 4th Series, vol. 1, pp. 506-508.
 
 26 
 
 What Home Rule Means Now. 
 
 [in. 
 
 Mr. Parnell's 
 definition of 
 the Irish de- 
 mand. 
 
 Mr. Bryce on 
 
 Imperial 
 
 control. 
 
 The Declara- 
 tory Act of 
 1778. 
 
 " Mr. Parnell's Fenian Home Rule " was implied in the 
 declaration adopted by Parnellites and Anti-Parnellites 
 alike that the Irish Legislature " must be supreme with 
 regard to Irish questions," Mr. Gladstone's lieutenant 
 thought it prudent to leave the House without attempting 
 to define his position. He had before him Mr. Parnell's 
 recent definition of the Irish demand: "There can be 
 no mistake about it, we want a Parliament with full 
 power to manage the affairs of Ireland, and with no 
 English veto, whether on the appointment of your leader 
 or on the laws you shall make." This statement was 
 what Sir William Harcourt had denounced, a few weeks 
 after it had been made by Mr. Parnell, as "Fenian Home 
 Rule," as a policy "which the Liberal party had never 
 countenanced, and one which they would never support."* 
 Yet, when it was recited and reasserted in the House of 
 Commons by Mr. Redmond, in the debate on the Address 
 in August last, the declaration that it represented " the 
 position of all Irish Nationalists" was not disputed by the 
 Anti-Parnellites. Mr. Justin M'Carthy, in Ids recent ob- 
 servations on Sir Edward Reed's protest, has stated that 
 there was nothing unreasonable or unfair in Mr. Red- 
 mond's demands, and that they were adopted by the 
 Clerical section. 
 
 Though it has been contended that the Imperial Par- 
 liament cannot finally divest itself of legislative power, 
 which it always held in reserve, the renunciation, as Mr. 
 Bryce acknowledged in his speech, f on the second read- 
 ing of the Bill of 1886, is morally, even if not legally, 
 binding. So, as Mr. Dicey has shown,J the Declaratory 
 Act of 1778, renouncing the right to tax the colonies, 
 might be repealed expressly or implicitly by the Imperial 
 Parliament, but its moral obligation is recognized as 
 
 Times, April 18, 1892. 
 
 t Hansard, vol. 305, pp. 1218, 1219. 
 
 J Case against Home Rule, p. 245.
 
 in.] Imperial Supremacy and the Veto. 27 
 
 absolute, and to this extent Imperial supremacy has prac- 
 tically ceased to exist. In the clause above quoted the 
 inherent right of the Imperial Parliament to legislate is 
 asserted only with respect to the subjects as to which the 
 Irish Legislature is declared to be not competent to act. 
 This is Mr. Morley's view. It was, he says,* the " plain Mr. Morley'a 
 and undisguised intention " of the framers of the Bill VJ 
 that, with the exceptions enumerated as withdrawn from 
 the Irish Legislature, "the British Parliament should, for 
 the future, not legislate on such Irish affairs as should 
 be delegated to the subordinate Parliament at Dublin." 
 There is nothing in the Bill to show that a reserved 
 power so to legislate was to be exercised " on possible, but 
 very extreme occasions." But whether the legal autho- Legal autho- 
 rity remains or not and on this point lawyers of high 
 repute, such as Sir Henry James, Lord Selborne, and 
 Professor Dicey, differ from the opinion expressed by 
 Lord Thring and Mr. Bryce the moral difficulty could 
 not be got over unless the Imperial Parliament were pre- 
 pared to sacrifice even the semblance of an amicable 
 settlement. Mr. Parnell, it is true, took a different line 
 in the debate on the second reading, acknowledging, as 
 Mr. Morley says,f "with his usual clearness" and, as we 
 are now in a position to add, with his usual want of 
 candour the reserved right of Imperial interference in 
 Irish affairs. But the proceedings in Committee Boom 
 No. 15 have shown what amount of reliance is to be 
 placed on such assurances. 
 
 It is only just to say that neither Mr. Parnell nor his Irish opinions 
 Clericalist rivals have pretended at any time to be content nate.Legis- 
 with a subordinate Legislature in Sir William Harcourt's l ature - 
 sense. " We assert to-day," said Mr. Parnell,* in almost Mr. Parnell. 
 
 * Nineteenth Century, Fehruary, 1887, p. 303. 
 t Nineteenth Century, February, 1887, p. 305. 
 J Freeman 1 Journal, September 14, 1891.
 
 28 
 
 What Home Rule Means Now. 
 
 Cm. 
 
 Mr. Dillon. 
 
 the latest speech he delivered, " what we asserted in 1885 
 and the years before it, that no man has a right to fix the 
 
 Mr. Eedmond. boundary of a nation." " We claim," said Mr. Eedmond, 
 in August last,* "that Ireland is a nation and has the 
 
 Mr. O'Brien, rights of a nation." Mr. O'Brien, after Mr. Parnell's 
 death, declaredf that his party " would never accept any 
 national settlement, any Home Rule settlement, that 
 would not draw the last fangs of landlordism and that 
 would not leave this old Irish race of ours the masters 
 and the landowners within the four seas of holy Ireland." 
 Mr. Dillon, who indignantly denies that he " ever in the 
 course of his life lowered the flag of national indepen- 
 dence," has solemnly pledged his wordj that, if the new 
 Bill " is not satisfactory to the national sentiment of the 
 Irish people, he will be the first man to declare against 
 the Gladstonian party." Mr. T. P. O'Connor has re- 
 corded his opinion that " any English Liberal who is not 
 ready to say Amen to the demand of Mr. Eedmond and 
 his colleagues does not know the realities and the conse- 
 quences of his own policy." Archbishop Croke, Mr. 
 Dillon's patron, who believes that priests and people have 
 arrived " within strictly measurable distance of what we 
 ultimately aim at, the legislative independence of our 
 country," protests|J that " a country which is tied to the 
 chariot wheels of another is held of no account, and is not 
 improperly called a province or dependency, and not a 
 self-regulating and independent State." 
 
 All these declarations, which might be indefinitely 
 multiplied, justify Mr. Eedmond in asking, as he has 
 done, both in Parliament and elsewhere, how they are to 
 be reconciled with the views of Sir William Harcourt on 
 
 * Hansard, 4th Series ; vol. 7, p. 164. 
 t Freeman' 1 's Journal, December 7, 1891. 
 J Freeman' 1 s Journal, December 7, 1891. 
 Freeman's Journal, April 6, 1892. 
 || National Press, May 25, 1891. 
 
 Mr. T. P. 
 O'Connor. 
 
 Archbishop 
 Croke.
 
 in.] Imperial Supremacy and the Veto. 29 
 
 Imperial supremacy, or with Mr. Asquith's avowed deter- Mr. Asquith's 
 mination to insist* upon " an Imperial Parliament whose dt)terminatlon - 
 unquestioned and unquestionable sovereignty over all persons 
 and in all matters, local or Imperial, icill remain intact and 
 unimpaired" Like Mr. Parnell, Mr. Dillon, and all the 
 rest, Mr. Redmond is willing to make a verbal acknowledg- Mr. Eed- 
 ment of Imperial supremacy, but this admission, which j n nd>s 8ti P u * 
 Lord Thring, as we have seen, considers it so important 
 to extort from the Irish representatives by the clause he 
 sought to have inserted in the Bill, is qualified by stipu- 
 lations that reduce it to a nullity. Mr. Redmond, in fact, 
 has bettered Lord Thring's instruction. " The rights (he 
 says) of the Imperial Parliament would remain intact," 
 but they " would remain dormant so far as Irish affairs 
 are concerned." How is this to be effected ? 
 
 A Parliamentary compact would be entered into, binding the 
 Imperial Parliament to leave their rights dormant. Such a contract, 
 of course, cannot, in strict theory, bind successive Parliaments, 
 but in practice it must have this effect by imposing, as Mr. Bryce 
 said, " a moral obligation upon Parliament not to act contrary to the 
 statute." We would expect a clause in the Home Rule Bill to 
 specifically provide an undertaking that, while the Irish Parliament 
 continued in existence, the powers of the Imperial Parliament to 
 legislate for Ireland would never be used. So that in point of actual 
 fact it comes to this, that, while we do not deny that the Imperial 
 Parliament, which has now the power to create an Irish Legislature, 
 would retain the power in strict constitutional theory to take it away 
 again, we would require a formal compact to the effect that, while 
 that Legislature lasted, it should be permitted to exercise free and 
 unfettered control over the affairs committed to its charge. (Nine- 
 teenth Century, October, 1892, pp. 515-516.) 
 
 This position, it will be seen, is precisely that which has Mr. Glad- 
 been taken up also by the Anti-Parnellite leaders, and gyrated 
 Mr. Redmond's definition of it has never been challenged, & ua e - 
 contradicted, or even criticized, in or out of Parliament, 
 by the Gladstonian-Clerical Nationalists. It must be 
 observed that Mr. Redmond has accepted Mr. Bryce's 
 
 * Letter to his constituents, Scotsman, July 10, 1889.
 
 30 What Home Rule Means Now. [in. 
 
 argument for Imperial supremacy for his present purpose, 
 but it can be turned to other purposes. Mr. Gladstone, 
 unfortunately, by the exaggerated language he has em- 
 ployed about Irish nationality and independence before 
 the Act of Union, has placed it in the power of the 
 Nationalists to say that the Irish Parliament also possessed 
 a supremacy within its own sphere which it could not 
 extinguish by any compact binding upon future genera- 
 tions. Thus, whatever stipulations were now accepted on 
 either side could be repudiated, on Mr. Gladstone's prin- 
 ciples, by the Irish Legislature as well as by the Imperial 
 Parliament, on the ground of inherent and inalienable 
 right. 
 
 The veto as Beside the general argument from the reserved power 
 Mr. Gladstone, of the Imperial supremacy, Mr. Gladstone and his fol- 
 lowers rely on the specific safeguard of the veto to} be 
 vested in the Lord Lieutenant. The Gladstonians appeal 
 to the colonial analogy, though they propose to place 
 Ireland in a position which none of the self-governing 
 colonies would have consented to occupy for half-a-year. 
 Mr. Gladstone has laid it down* that, under the Home 
 Rule Constitution, " the Crown would appoint the Lord 
 Lieutenant, and the appointment of the Lord Lieutenant, 
 who must be the head of the Irish Executive, would 
 effectually reserve to the British Crown, and through the 
 British Crown to the British Ministers, and through the 
 Mr. Red- British Ministers to the British Parliament, the power of 
 answer. interfering." Mr. Redmond's answer to language of this 
 
 sort is straightforward enough. He saysf : 
 
 A power which in the case of the colonies is harmless, because a 
 dead letter, would in the case of Ireland be a reality and a perpetual 
 source of humiliation, of heartburning, and of danger. We therefore 
 say a formal compact must be entered into that, while the Irish 
 
 * Speech at Nottingham, Times, October 19, 1887. 
 t Nineteenth Century, October, 1892, p. 617.
 
 in.] Imperial Supremacy and the Veto. 31 
 
 Parliament lasts, it will be permitted sole and unfettered authority in 
 all purely Irish affairs, free from interference by the Imperial Parlia- 
 ment, and subject only to the constitutional veto of the Crown. 
 
 He censures Mr. Oscar Browning, who during the last 
 general election repeated, " with deliberation and con- 
 fidence," the statements of his chiefs, including Mr. 
 Gladstone himself and Mr. Morley, that the veto of the 
 Crown exercised by the Lord Lieutenant would be "in 
 accordance with the advice of the Sovereign's British 
 Ministers." If this were the case, Home llule, Mr. 
 lledmond asserts,* " would be reduced to a humiliating 
 farce ; it would be the re-enactment of Poyning's law in 
 a more objectionable and offensive form than it existed in 
 before the settlement of 1782. . . . Irish Ministers 
 would be powerless, the Irish Executive would be beneath 
 contempt, without power, authority, or respect." In local 
 affairs and in dealing with all subjects except those 
 expressly reserved for the Imperial Parliament, the Irish 
 Legislature, according to Mr. Redmond, must be subject 
 only to the veto of the Viceroy acting on the advice of his 
 Irish Ministers, themselves the creatures of that Legis- 
 lature. He appeals on this point to the testimony of Sir 
 Charles Russell, Mr. Gladstone's Attorney- General, and Sir C. Russell 
 of Lord Thring, the draftsman of the Home Eule Bill. ontheveto - 
 The former, in the debate on the second reading, said : 
 " With regard to the veto to be exercised by the Lord Lieu- 
 tenant, it is true that it is to be exercised constitutionally 
 by the Lord Lieutenant on the advice of his Irish 
 Ministers."! Lord Thring is equally decided on this Lord Thring. 
 point, though he is careful to draw the proper distinction 
 between local and Imperial matters. He says : 
 
 The Governor is an Imperial officer, and will be bound to watch 
 over Imperial interests with a jealous scrutiny, and to veto any Bill 
 
 Nineteenth Century, October, 1892, p. 517. 
 t Hansard, vol. 306, p. 69.
 
 32 What Nome Rule Means Now. [m. 
 
 which may be injurious to those interests. On the other hand, a^ 
 respects all local matters, he will act on and be guided by the advice of 
 the Irish Executive Council. The system is self-acting. The 
 Governor, for local purposes, must have a Council which is in harmony 
 with the Legislative body. If the Governor and a Council, supported 
 by the Legislative body, 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. (Contemporary Review, August, 1887, p. 163.) 
 
 Mr.Gladstone But this, as we have seen, is not the reading of the Bill 
 adopted at least, on all occasions hy Mr. Gladstone and 
 Mr. Morley. The plan of 1886, according to Mr. Glad- 
 stone, "gave to the Crown the veto on all Bills passed by the 
 statutory Parliament of Ireland. It did not contain any pro- 
 vision that this veto should be exercised under the advice 
 of the Irish Executive. It was, we have to remember, a 
 veto upon Bills within the statutory powers, Bills exclu- 
 sively Irish (Nineteenth Century, February, 1887, p. 170).* 
 
 Mr. Morley. Mr. Morley was not less explicit. "There is, however (he 
 says), the veto of the Lord Lieutenant, and this, as anyone 
 may see, really means, in the ultimate resort, an indirect 
 faculty of veto residing in the British House of Commons. "f 
 This extraordinary discrepancy has never yet been ex- 
 plained. It is necessary to sift and collate Mr. Gladstone's 
 ambiguas voces to arrive even at a conjectural estimate 
 of his meaning. Probably the governing factor is the 
 admission in his speech on bringing in the Home Rule 
 Bill* that " the principle of responsible government will 
 work itself out in every necessary detail." That principle 
 the Gladstonians profess to concede fully to Ireland. 
 What will it leave standing of the pretentious theory of 
 Imperial supremacy over Irish affairs, or of the veto of 
 
 * [On May 26, 1892, he wrote that Mr. Oscar Browning's interpretation 
 was right and that " the opposite contention was absurd."] 
 t Nineteenth Century, February, 1887, p. 306. 
 J Hansard, vol. 304, p. 1069.
 
 in.] Imperial Supremacy and the Veto. 33 
 
 the Crown which Mr. Gladstone parades as a security 
 against abuses and oppression ? 
 
 The supremacy of the Imperial Parliament and the Ilowrespon- 
 veto of the Crown are equally reduced, on Mr. Eedmond's ment^would" 
 principles, to a nullity. The former is never to be applied work itself 
 to control Irish handling of " local affairs," though under 
 that head a Legislature in Dublin may alter the Civil and 
 Criminal law and procedure of the country from top to 
 bottom, may confiscate the property of individuals, and 
 may render life intolerable to those classes against whom 
 the dominant majority or its spokesmen have threatened 
 vengeance. The Imperial Parliament is only to retain 
 power to insist on the surrender of the Home Rule Con- 
 stitution a " war measure " which would be practically 
 At the disposal of Great Britain, even if actual separation 
 were granted. The Lord Lieutenant's right to reject 
 measures passed by the Legislature, if to be exercised 
 only on the advice of his Ministers in Dublin, would 
 necessarily fall into abeyance, as the veto of the Crown 
 has fallen into abeyance in this country since the days 
 of Queen Anne. Responsible government working itself 
 out, as Mr. Gladstone contemplates, through an Irish 
 Legislature supporting an Irish Executive, would realize 
 Mr. ParnelPs ideal of an Irish Constitution, " free from 
 all outside interference, free from any English or Imperial 
 veto, free from the control of any Englishman or English 
 Minister."
 
 34 What Home Rule Means Now. [iv. 
 
 IV. -FINALITY. 
 
 Negotiations WHEN Mr. Parnell's downfall in the Divorce Court pro- 
 and duced the revolt of the Nonconformist conscience, and, by 
 
 Mr Tamell. a curious coincidence, the establishment of clerical ascen- 
 dancy in Ireland, the questions we have been considering 
 dropped for the time out of sight. It was not denied 
 that Mr. Parnell had been carrying on negotiations with 
 Mr. Gladstone in regard to the remodelling of the Bill 
 of 1886, and, though the account given by the former of 
 what passed between him and the Gladstouian leader was 
 disputed by the latter, the fact remained that on neither 
 side was the compact entered into on the introduction of 
 the original measure regarded as binding. Not only Mr. 
 Parnell, but Mr. Healy and the whole body of the Anti- 
 Parnellites, rejected emphatically the modified Bill which 
 was described as Mr. Gladstone's latest offer, though it is 
 difficult to see how it differed materially, except in one or 
 two points of secondary importance, from the plan that 
 had been ostensibly accepted in 1886. With regard to 
 
 Retention of the retention of the Irish members at Westminster, Mr. 
 
 Irish Mem- p arne ll' s demand was that their numbers should not be 
 
 hers. 
 
 reduced so long as any temporary and provisional restric- 
 tions of the powers of the Irish Legislature were main- 
 tained. The suggestion that, for a time, the appointments 
 The Judiciary, to the judiciary and the magistracy should be made by 
 the Imperial Government was a slight extension of the- 
 provision securing to the existing Judges who were to 
 continue in office an Imperial guarantee, while the control 
 of the constabulary was already reserved to the Lord 
 Lieutenant. In the Bill of 1886 the Irish Legislature
 
 iv.] Finality. 35 
 
 was not prohibited from dealing with the land question ; The Land 
 but Mr. Gladstone had proposed to remove the principal 
 difficulties especially the danger strongly insisted upon 
 by Mr. Morley and Lord Spencer, that the landlords 
 would be expropriated and despoiled if they were left to 
 the mercy of an Assembly elected by the masses by his 
 measure of laud purchase. That, however, was abandoned, 
 or if any scheme of the kind was to be reintroduced it was 
 understood that the Gladstonians would not be put under 
 any party pressure to vote for it. Mr. Parnell's forecast 
 of the new Gladstonian plan of Home Rule may have 
 been incorrect in some particulars, but it was only brought 
 forward as an excuse for a general repudiation of respon- 
 sibility for the compact of 1886 ; and it is significant to The Irish 
 observe that Mr. Parnell's opponents were as eager as the^BuTof 8 "' 
 their deserted leader to declare that they had never 1886 - 
 assented to that compact except in a Pickwickian sense. 
 Both Mr. Parnell and Mr. Healy told the story of the 
 acceptance of the Bill of 1886 in Committee Room No. 
 15.* When the terms of that measure were disclosed to 
 the Nationalist leaders there was a disposition to reject 
 them, and especially to insist on demanding control of the 
 Customs. Mr. Parnell pointed out that, in such an event, 
 there would be another Cabinet crisis (Mr. Chamberlain 
 and Mr. Trevelyan had just resigned), and that Mr. Glad- 
 stone's Government would collapse. The Bill, Mr. Parnell 
 said, is " a Parliament hit and nothing more." . . . 
 " Will you take or will you leave it ?" On this the repre- 
 sentatives of the Irish party consented " to accept it pro 
 tanto," in order, as Mr. Healy has frankly stated, "to 
 conciliate English opinion." . 
 
 But if " English opinion " had allowed the Bill to pass The questions 
 the second reading on any minimizing pretences, would Gladstone * 
 the Irish party have considered themselves bound by their from Com - 
 
 mittee Boom 
 
 Timet, December 5, 1890. No - 16 - 
 
 D2
 
 36 
 
 What Home Rule Means Now. 
 
 [iv. 
 
 Never an- 
 
 r. Healy 
 
 measure." 
 
 acceptance? Mr. Parnell was prepared to oppose the 
 financial clauses of the Bill in Committee with the support 
 of all his followers. The delegates appointed by Par- 
 nellites and Anti-Parnellites in Committee Room No. 1-3 
 presented an ultimatum to Mr. Gladstone demanding a 
 material change in the clause regulating the future of the 
 constabulary, and insisting that at the end of two years 
 that force should be handed over absolutely to the Irish 
 Executive. There is no reason to believe that any other 
 part of the scheme of 1886 would have been treated as 
 anything more than a provisional arrangement to be re- 
 pudiated by the Irish whenever they pleased, though it 
 was to be binding for all time on the Imperial Parlia- 
 ment. 
 
 M r> Gladstone has never yet given an explicit answer 
 to the questions put by the delegates of the Irish Par- 
 liamentary party, which he evaded in 1890 on the excuse 
 that he would not mix them up with the controversy 
 about the leadership. Yet the warning given to him in 
 Committee Room No. 15, in case he was unwilling to go 
 the whole way to meet the Irish demand, was plain 
 enough. " You all admit," said Mr. Parnell " and this 
 is the misery of it we are all agreed that you will not 
 have this Bill. . . . There has not been a man to say a 
 word in favour of this Bill."* These statements were 
 loudly cheered. Neither at the time nor afterwards 
 were they contested by Mr. Parnell's opponents. Mr. 
 Healy declared on the same occasion that " the Home 
 Rule Bill outlined in Mr. Parnell's manifesto is not 
 one the Irish people could accept," and, accordingly, 
 he "pledged himself to accept no such measure. Twelve 
 mon^s later he saidf : " One tittle less than was accepted 
 i n 1886 from Mr. Gladstone we will not accept, and we 
 
 * Times, December 5, 1890. 
 
 t Freeman's Journal, December 29, 1891,
 
 iv.] Finality. 37 
 
 will take as much more as we can get." Such was the 
 measure of the " acceptance pro tanto" of Mr. Gladstone's 
 Bill. The Irish party was to be allowed to insist on 
 altering the essential conditions of the pact, while if the 
 Gladstonians ventured to suggest any amendments they Mr. Glad- 
 were to be branded with bad faith. Yet Mr. Gladstone *f fhe\uitude 
 continues to persuade himself that this form of provisional "J th f Insh 
 
 , A Members. 
 
 acquiescence satisfies the conditions of reality, perma- 
 nence, and finality, which he has himself repeatedly laid 
 down. By a very curious coincidence, Mr. Gladstone and 
 Mr. Parnell both spoke on this subject on St. Patrick's 
 Day, 1891. Mr. Gladstone repeated his confident state- 
 ment that " when the policy (of the Home Rule Bill) was 
 announced by the Government of 1886, it was frankly 
 and unanimously and patriotically adopted by the Irish 
 Nationalist party."* But at the very same time Mr. 
 Parnell was telling a very different story to his con- Mr. Pamell 
 stituents in Cork. " Although," he said, "I praised him story. 
 (Mr. Gladstone), I never entirely trusted him. I hoped 
 undoubtedly, that he would have been able, by degrees, to 
 have given us a solution of the national question which 
 we could have accepted, under which our people would 
 have had full powers over their own destinies, and which 
 would have enabled us to be a prosperous and free and 
 happy Irish nation. That was the point to which I was 
 encouraging him."f Again, some three months later, he 
 said : " They could not prevent the Irish people from 
 obtaining self-government. It was merely a question of 
 time and degree. His opinion was, and it had been his 
 opinion for the last ten years, that it would come soon, 
 but that it would not be a complete measure of freedom. 
 That would come by degrees. " Nevertheless, in his 
 
 Times, March 18, 1891. 
 
 t Freeman''a Journal, March 18, 1891. 
 
 J Speech at Balbriggnn, June 21, 1891. 
 
 387389
 
 38 
 
 What Home Rule Means Now. 
 
 [IV. 
 
 Mr. Gladstone recent article in the North American Revieic, Mr. Glad- 
 stone reiterates his expressions of confidence : 
 
 opinion. 
 
 Mr. Morley 
 is less san- 
 guine. 
 
 It appears to be thought that Irish Nationalists go a-roaring after 
 power like lions after their prey. But Mr. Parnell himself proposed 
 that the British Parliament should retain in its own hands exclusively 
 for a certain time the power of legislating on the critical question of 
 land; and all the Nationalists in 1886 with readiness concurred in 
 a proposal which absolutely debarred the local Parliament of Ireland 
 from constructing a Church establishment. For these instances of 
 moderation they never receive a word of credit. (North American 
 Review, October, 1892, p. 391.) 
 
 And again : 
 
 Ireland generously agrees to undergo every restraint which is 
 imposed upon the autonomous colonies, and many other restraints. 
 The colonies retain legislation upon trade ; they deal with the question 
 of their own defence ; they contribute nothing to our charges. 
 Ireland willingly abandons all these powers and consents to bear her 
 equal share of Imperial burdens. (North American Review, October, 
 1892, p. 393.) 
 
 Can wilful blindness go further ? Mr. Morley, indeed, 
 is less sanguine. He appreciates the force of Mr. Davitt's 
 remark, that the Bill of 1886 was no more to be accepted 
 as a final settlement of the Irish demand than the fact of 
 a man's having eaten his breakfast is to be taken as a 
 reason for his having no dinner. " The talk about finality," 
 Mr. Morley wrote,* not long after the defeat of the Home 
 Rule party, "rests on an illusion of perfection and immu- 
 tability" ; " all government is an affair of second-best." If 
 it is possible to get rid of the presence of the Irish members 
 at Westminster, it is not possible to get rid of the pressure 
 of the Irish difficulty. Whatever concessions we make we 
 may have to go further and still further by-and-by. " It 
 is enough (in Mr. Morley's opinion) if the statesman cun 
 see his way clear to the next step." Whether it is, or 
 ouglit to be, enough for the people whom the statesman 
 
 Nineteenth Century, February, 1887, p. 314.
 
 iv.] Finality. 39 
 
 is leading by the nose with positive assurances that he 
 has an infallible "pill to cure the earthquake," is not 
 <juite so obvious to persons less philosophic than Mr. 
 Morley. 
 
 Be that as it may, Mr. Gladstone might have discovered Mr. Dicey's 
 by this time, if not earlier, the meaning of that pregnant of Mr? Glad - 
 "pro tanto." No one has done more than he during the stone's scheme, 
 past seven years to puff up the Separatist part of Ireland 
 with vain ideas of nationality. If " Ireland " can claim 
 the position he concedes to her, if she was and is a 
 " nation " with a Parliament independent and coequal, of 
 which she was wrongfully deprived, she would have reason 
 to complain of being placed in the position either of a 
 State of the American Union or of a self-governing 
 British colony. But, as Professor Dicey has conclusively 
 shown, Ireland's position under the Home Rule Constitu- 
 tion would be radically different from, and immeasurably 
 inferior to, that of the Colony of Victoria or to that of 
 the State of Massachusetts. Mr. Gladstone's plan, says 
 Professor Dicey,* is " an artificial combination of Federal- 
 ism and Colonialism. Its aim is to secure the advantages 
 of two opposite systems ; its result is to combine and in- 
 tensify the disadvantages of both systems. It inevitably 
 tends towards the dissolution of the United Kingdom into 
 a Federation ; it immediately disturbs the bases of the 
 Constitution by creating an artificial bond of something 
 like a Federal Legislature between England and Ireland ; 
 it introduces into the relations between each of the dif- 
 ferent divisions of the United Kingdom elements of con- 
 flict which are all but inherent in Federalism ; it requires 
 that absolute deference for the judicial decisions of a 
 Federal Court which, if it exist anywhere, can exist only 
 among a people, like the Americans, imbued with legal 
 
 Case ayaitut Home Rule, pp. 276, 277.
 
 40 
 
 What Home Rule Means Now. 
 
 [IV. 
 
 notions, and, as it were, born with innate respect for law. 
 That this sentiment cannot exist in Ireland is certain ; 
 whether it exist in the required intensity even in England 
 is problematical. The Gladstonian Constitution, again, 
 because it contains some institutions borrowed from the 
 colonial system without the conditions requisite for them, 
 so to speak, falsifies them. The Imperial supremacy of 
 Great Britain, the Imperial control over the Army, the 
 occasional interference with the Irish Executive, and the 
 veto of the Crown on Irish legislation are, each and all of 
 them, under the Gladstonian Constitution, certain to be 
 the source of justifiable dissatisfaction." Professor Dicey's 
 criticism was written before the controversies to which we 
 have referred on the questions of the retention of the Irish 
 members, of the Imperial supremacy, and of the veto, as 
 well as before the fall of Mr. Parnell and the debates in 
 Committee Room No. 15. All that has happened in the 
 last six years goes to strengthen his argument. 
 
 Take the question, for example, of the " tribute," as it 
 has been called. Mr. Parnell had protested on the intro- 
 duction of the Bill against the excessive contribution 
 demanded from Ireland, and against the machinery for 
 capturing all Irish taxation in the office of the Receiver- 
 General in order to realize the first charge upon it for the 
 Imperial Government. Neither his adherents nor his- 
 opponents have ever expressed a different view. Mr. 
 Mr. Redmond Redmond, writing not long ago in a strain of studied 
 moderation, said* : " It is an opinion generally enter- 
 tained in Ireland that that country was weighted under 
 the Bill of 1886 with a greater financial burden than she 
 ought to be asked, or was able, to bear." In the debate on 
 the Address, in August, 1892, he stated in the House of 
 Commons that " the financial portion of the scheme was- 
 never accepted by Mr. Parnell, who always made a reser- 
 * Nineteenth Century, October, 1892, p. 621. 
 
 Mr. Pamell 
 protested 
 against the 
 financial ar- 
 rangements. 
 
 protests still.
 
 iv.] Finality. 41 
 
 vation to the effect that he would endeavour in Committee 
 
 to deal with and amend it"; and he added a strong 
 
 expression of his own view that these arrangements 
 
 " would probably, if passed into law, have resulted in 
 
 the bankruptcy of the country before many years had 
 
 elapsed."* On this point there has been no dissent on 
 
 the part of the Anti-Parnellites from the statements of 
 
 Mr. Redmond, which Mr. Justin M'Carthy has recently Mr. M'Carthy 
 
 adopted en bloc as reasonable and just. " We are all ^F 6 ^! J h A 
 
 united (wrote Mr. William O'Brien t a few months ago) 
 
 in demanding that the Irish Parliament shall be as free 
 
 from outside meddling as the Parliaments of Australia 
 
 and Canada that is to say, practically as free as air," Mr. William 
 
 and the Irish, taking the measure of Mr. Gladstone's man d e t 8 be" 
 
 assurance that the rightful position of Ireland is analogous "as^free as 
 
 to that of the great self-governing colonies, are not slow 
 
 to remember that this Colonial Constitutionalism implies 
 
 that the colonists are " free as air " from any obligation 
 
 to contribute to the Imperial Exchequer. 
 
 These objections have been reinforced by the admis- 
 sions of some English statesmen. Mr. Morley has given Mr. Morley 
 his opinion* that "the amount of the Irish contribution contribution 
 
 was probably an over-estimate and needs revision" a "an over es- 
 
 J . . timate. 
 
 damaging acknowledgment of the carelessness with which, 
 
 both in form and in substance, this vaunted message of 
 
 peace was vamped up. What Mr. Morley thinks an 
 
 " over-estimate," Mr. Gladstone paraded, when he brought Mr. Gladstone 
 
 in his Bill, " as an equitable and even a generous arrange- gf ero | 1 t > 
 
 ment," though, as Sir George Trevelyan at the time pointed 
 
 out, there is no example in Europe of a nation with a 
 
 separate Parliament and a separate Executive which paid 
 
 over a predominant part of its revenue to another nation. 
 
 Hansard, 4th Series, vol. 7, pp. 174, 175. 
 
 t Freeman's Journal, January 30, 1892. 
 
 J Nineteenth Century, February, 1887, p. 312.
 
 42 
 
 What Home Rule Means Now. 
 
 [IV. 
 
 Mr. Justin 
 M'Carthy for 
 "Ireland a 
 nation." 
 
 Archbishop 
 Croke's view. 
 
 Mr. O'Brien's 
 boast. 
 
 Mr. Davitt 
 before the 
 Special Com- 
 mission. 
 
 We cannot be surprised at Mr. Davitt's complaint that the 
 Irish Nationalists had surrendered too easily to Mr. Glad- 
 stone. We have no right to assume that Mr. Davitt and 
 Mr. Dillon, any more than Mr. Parnell, would or could 
 bind the rest of the " Irish people " to accept an " instal- 
 ment " as payment in full. It is the grossest delusion to 
 suppose that since the introduction of the Bill of 1886 the 
 Irish Nationalist demands have been in any degree lowered, 
 though they were abated for the time being, as Mr. Healy 
 has told us, " to conciliate English opinion." Mr. Justin 
 M'Carthy, the mildest of men, says, valiantly : " We stand 
 for Ireland a nation ; that is our purpose in public and 
 political life."* Mr. Dillon says : " I have never hesitated 
 to express my admiration for the men of '67 " (the Fenians), 
 " and I declare that our movement is, in all its main prin- 
 ciples and the great issues upon which it aims, the legiti- 
 mate successor of that movement, "f In Archbishop Croke's 
 view, Home Rule must not be regarded as a mere domestic 
 or provincial system : " Besides being comfortable at home, 
 we should have ambition to be respected abroad. "+ Mr. 
 O'Brien has boasted that " the Irish party will never 
 barter their independence as the ambassadors of an Irish 
 nation." Mr. Davitt avowed before the Special Commis- 
 sion that his agrarian policy was intended to be " a step- 
 ping stone to complete national independence," adding, 
 as he stood in the witness-box, " I wish to God I could 
 get it to-morrow ! " All these declarations have been 
 publicly made since the alliance with the Gladstonians 
 and the introduction of the Home Rule Bill. Is it neces- 
 sary for Sir William Harcourt to look for " Fenian Home 
 Rule " exclusively in the Parnellite camp ? 
 
 * freeman's Journal, March 18, 1891. 
 t Freeman's Journal, December 9, 1888. 
 % National Press, May 25, 1891. 
 Report of the Special Commission, p. 30.
 
 iv.] Finality. 43 
 
 From the Irish Nationalist point of view there is much 
 to be said for Mr. Redmond's protest against a repetition 
 of what took place in 1886. The Irish Nationalist 
 members, according to Mr. Hedmond,* recoil from the 
 danger of " being forced either to accept this cut and 
 dried scheme, in all its main features, as it is proposed, 
 or else to take the enormous responsibility of rejecting 
 it and driving the Q-overnment of the day from power." 
 It was this sort of pressure, as we know from Mr. 
 Parnell's and Mr. Healy's testimony, which brought 
 about the acceptance pro tanfo of the Bill of 1886. It 
 may be applied as effectually again. But no intelligent 
 Englishman or Scotchman will believe that an adhesion 
 thus extorted will be held to be binding for an hour 
 longer than is convenient to the weaker party and 
 agreeable to those on whose support they rely. 
 
 A year and a-half after the defeat of the Home Rule Mr. Patrick- 
 Bill Mr. Patrick Ford, of the Irish World, Mr. Davitt's 
 " Christian and philanthropist, " the apostle of the 
 dynamite gospel, through whose hands so much American 
 money flowed into the coffers of the League for various 
 purposes, Parliamentary and other, placed on record his 
 estimate of the Grladstonian policy : 
 
 This talk about finalities (the Irish World wrote, on November 
 12, 1887) is the more foolish as the past history of the Irish 
 question shows it to be futile. . . . There is no finality ex- 
 oept justice, and Mr. Gladstone's Home Rule plan is but a small 
 instalment of Justice to Ireland. ... It is a proposal to give them 
 (the Irish) a Parliament which shall have not a tithe of the power of 
 that which they were robbed of, und to keep this Parliament per- 
 manently under the step-motherly oversight of England. 
 
 After denouncing the limitations of the original Bill, 
 this candid critic went on to say that the rumoured 
 retention of the Irish members would " retard, obscure, 
 
 * Hansard, 4th Series, vol. 7. p. 170.
 
 44 What Home Rule Means Now. [iv. 
 
 and complicate the struggle for Ireland's rights as a 
 nation." But, he concluded : 
 
 Neither Ireland nor her representatives have passed (sic) upon the 
 plan of Home Ilule which Mr. Gladstone and the Liberals offer now. 
 If they accept it, it will show how little they expect from English 
 justice, even as represented by Mr. Gladstone. If they accept it, we 
 may all derive comfort from the fact that it is not a finality, and 
 cannot be so.* 
 
 Mr. Cecil A sympathizer with Home Rule of a very different 
 
 tyP 6 ' Mr ' Cecil Enodes > is said to have explained to 
 Mr. Gladstone the grounds of his disapproval of the Bill 
 of 1886, which he maintained must inevitably lead to 
 separation by placing Ireland in the position of a " taxed 
 Republic, " having no control over the appropriation of 
 the tribute she was bound to pay. The argument is 
 irresistible, but how many British Home Rulers are 
 prepared to escape from it by placing Ireland in the 
 position of an " untaxed Republic " ? 
 
 * These remarks appear in Mr. Ford's editorial columns, but are signed 
 by one of bis contributors. They are in complete accord, however, with 
 his own comments on the Bill of 1886 and the Gladstonian alliance. See 
 the Irish World, May 8, 1886.
 
 v.] The Unionist Position. 45 
 
 V. THE UNIONIST POSITION. 
 
 Is there anything in the present position of the Home 
 Rule question which ought to make Unionists more willing 
 to listen to Mr. Gladstone's proposals, not to speak of com- 
 promising with them or surrendering to them, than they 
 were in 1886? So far from this heing the case, every 
 argument that was used on the Unionist side half-a-dozen 
 years ago has been fortified by the examination of Mr. 
 Gladstone's modifications and concessions, by the revela- 
 tion of the character of Irish agitation and Irish agitators, 
 and by the utter destruction of any hope of attaining 
 finality even through the most humiliating surrender. 
 The dangers of setting up in Ireland a separate Legis- 
 lature and a separate Executive have certainly not been 
 lessened by the changes in the policy of 1886 which Mr. 
 Gladstone has either expressly announced or broadly 
 hinted at. Whether the Irish members are retained at 
 Westminster or not, Home Rule involves constitutional Home Rule 
 difficulties that can only be evaded by conceding to dependence" or 
 Ireland complete and unqualified independence, or by federation, 
 recasting on federal principles the whole of the political 
 institutions of the Empire, periculosce plenum opus alea. 
 For neither alternative is Mr. Gladstone prepared, and 
 the mass of his followers have no compass to guide them 
 when their leader is himself at fault. The inherent 
 supremacy vested in the Imperial Parliament and the 
 right of veto reserved to the Lord Lieutenant, on which 
 so much stress was laid when the Bill of 1886 was brought 
 in, are nominally accepted by the Irish representatives,
 
 46 What Home Rule Means Now. [v. 
 
 but are practically reduced to the merest shadow of what 
 Mr. Gladstone originally explained them to be. 
 
 The safe- Furthermore, in 1886, Mr. Gladstone deemed it neces- 
 
 sary to introduce a number of safeguards, some of them 
 flagrantly at variance with constitutional and economical 
 principles, which, as the Unionists contended, amounted to 
 an admission on his part that, in the development of a 
 policy ostentatiously founded on unqualified confidence in 
 tiie Irish people, he could trust neither an Irish Legis- 
 lature nor Irish Ministers. That admission remains on 
 record, in spite of Mr. Gladstone's willingness to give up 
 now the securities he regarded as indispensable six years 
 ago. But why should Unionists, who looked upon the 
 original safeguards as illusory, be more contented because 
 
 Mr. Morley they are to be abolished or watered down ? Mr. Morley ,. 
 
 r"rchaseBiU w ^ considered that a condition precedent of any form of 
 Home Rule was some treatment of the Irish land question 
 that would prevent the tenants from robbing their land- 
 lords,* must acquiesce in his chief's severance of the 
 "twinship" between the two Bills of 1886, between the 
 " message of peace " and the " obligation of honour and 
 good faith." 
 
 This change has certainly not improved Mr. Gladstone's 
 scheme from the point of view of simple justice, for it may 
 be safely assumed that, if Mr. Gladstone did not consider 
 it scandalously and perilously unjust not to rescue the 
 landlords from the confiscation his statutory Parliament 
 had in store for them, he would never have committed 
 himself to the Land Purchase Bill. Though some of the 
 
 The "two other safeguards, such as the " two orders " in the Legis- 
 lature, with a high property qualification for the first and 
 arrangements for securing the representation of minorities, 
 have not been as cynically thrown overboard as the Land 
 Purchase Bill, the Gladstonians generally have been chary 
 * Speech at Chelmsford Times, January 8, 1886.
 
 v.] The Unionist Position. 47 
 
 of mentioning them, and some have openly spoken of 
 them with disparagement as opposed to democratic ideas. 
 It is probable that Mr. Gladstone will be compelled to 
 abrogate wholly or in part the restrictions he placed The other 
 originally on the power of the Irish Legislature over the rc 
 judiciary, the magistracy, and the police, for he and Sir 
 William Harcourt (who abhors " Fenian Home Rule " ) 
 have declared* that it would be useless to attempt to 
 carry any measure which has not the " cordial concur- 
 rence and support " of the Irish representatives. Both 
 Parnellites and Anti-Parnellites, agreeing in this, how- 
 ever they may differ on other questions, demand the Bill 
 of 1886 as their " irreducible minimum" with such further 
 concessions as they have been already able; or hope here- 
 after, to screw out of Mr. Gladstone. 
 
 From the Unionist standpoint, it is hardly conceivable 
 that any measure should be presented to Parliament in the 
 coining Session which, after all Mr. Gladstone has said 
 and done since his former defeat, would not be worse than 
 the policy emphatically rejected by the nation six years 
 ago. At the last general election there was a majority 
 against Home Rule in Great Britain, but many of Mr. 
 Gladstone's English and Scotch followers were sent to 
 Parliament on the idle assumption that Home Rule was 
 mainly, as Mr. Maden put it in the Rosseudale Division, 
 the control of gas, water, and electricity. Mr. Gladstone 
 must lose some support he can hardly, in his most 
 sanguine mood, expect to gain any by drawing his 
 policy, as he must do when he meets Parliament, out of 
 the convenient half-light in which it has been studiously 
 kept since 1886. In addition to this, we have had a 
 great deal of light thrown during the past six years on 
 the parallel cases that were appealed to in 1886 as proving Parallel cases 
 the magical healing virtues of Home Rule. We need not 
 
 * Times, December 8, 1890.
 
 48 
 
 What Home Rule Means Now. 
 
 TV. 
 
 dwell upon this point, but we may state briefly that in 
 almost every one, if not every one, of the countries 
 which were alleged to have secured abiding peace and 
 contentment by the adoption of the Home Rule prin- 
 ciple there have been ominous conflicts and apprehensions 
 of conflict. The relations between Austria and Hungary 
 as coequal members of the Dual Monarchy, between Austria 
 and Bohemia, between Hungary and Croatia, between 
 Russia and Finland, between Denmark and Iceland, 
 between Sweden aud Norway, are far from exhibiting 
 the tranquillity and finality which the Gladstoniuns 
 imagine that they can produce in Ireland by conceding 
 "a small instalment of justice," as Mr. Ford calls it, to a 
 community saturated with lawless doctrines, taught by 
 agitators to hate England, and accustomed to repudiate 
 obligations and promises. Norway, for instance, sharing 
 the desire of Archbishop Croke for international as well 
 as national recognition, regards her complete local inde- 
 pendence as nothing unless she is allowed to have her 
 separate dealings with foreign nations. As for the United 
 States, the Duke of Argyll has proved that the idea of 
 " Ireland a nation," which Mr. Gladstone has done his 
 best to inflate and inflame, is precisely that which, when 
 asserted on behalf of the seceding States of the South, 
 brought about the greatest war of modern times. It was 
 upon the overthrow of the States which claimed the rights 
 of nations by those which fought to maintain the Union 
 that the claim was finally abandoned. 
 
 In 1886 Mr. Gladstone confidently asserted that the 
 adoption of the Home Rule policy by a great English 
 1886 as before, party had changed the character of Irish agitation and 
 had reduced the Irish demands to the limits of reason. 
 But it has already been shown that the language of the 
 Irish leaders was precisely the same after the introduction 
 of the Home Rule Bill that it had been before; that 
 
 The Duke of 
 
 Argyll's 
 
 parallel. 
 
 The Irish de- 
 mand the 
 same since
 
 v.] The Unionist Position. 49 
 
 " national independence " was still proclaimed as the end 
 in view ; that the pretension of setting bounds by any 
 ^Parliamentary compact to the national aspirations of 
 Ireland was again and again disavowed ; and that Mr. 
 Gladstone's Irish allies by no means confined themselves, 
 as he had promised on their behalf, to the employment of 
 lawful and constitutional methods. Meanwhile, it had 
 become equally plain that the Gladstonians were prepared 
 to place a very indulgent construction upon the acts and 
 the speeches of their confederates. The Plan of Campaign, The Plan of 
 which was set on foot as part of the avowed scheme for 
 making the Government of Ireland by the Unionists im- 
 possible, was condemned by Judges of unquestioned impar- 
 tiality and authority, like Chief Baron Palles, as an illegal 
 and criminal conspiracy to defraud the landlords ; it was 
 gravely censured in the Pope's circular to the bishops as 
 dishonest and sinful ; it was, at the outset, repudiated by 
 Gladstonian politicians and journalists in England, one 
 of Mr. Gladstone's organs* declaring it to be " vitiated 
 with dishonesty," and affirming that " to withhold just 
 rents because exorbitant demands are made is to take 
 trouble to be in the wrong." 
 
 Yet Mr. Morley patronized the iniquitous attempt to patronised by 
 defraud Mr. Smith-Barry of his admittedly just rents in 
 Tipperary ; and, since his party have returned to power, 
 has been endeavouring to concoct some means by which 
 the persons evicted for taking part in these measures 
 vitiated with dishonesty may be restored, by favour of 
 the State, to their holdings. While the Plan of Campaign 
 was in progress, Mr. Gladstone took the opportunity of 
 praising the Irish agitators for their " conspicuous mode- 
 ration " and of expressing his belief that " all ground of 
 suspicion for a desire to destroy the landed property of 
 Ireland has disappeared. "t Unionists, contrasting this 
 
 Daily News, December 6, 1886. t Times, October 21, 1887. 
 
 E
 
 50 What Home Rule Means Now. [v. 
 
 blind faith with the language and conduct of Mr. Dillon, 
 Mr. Davitt, and the rest, were not able to attach the 
 slightest importance to the soothing assurances that had 
 accompanied the Bill of 1886, and have since been 
 
 Fintan Lalor's repeated by rote. They saw that the Irish Separatists 
 were simply pursuing the policy of reconquering Ireland 
 for the Celtic race through an agrarian agitation that had 
 been sketched out forty years before by Fintan Lalor. 
 
 Mr. Dillon's Mr. Dillon, the apostle of the plan, denounced "the hated 
 garrison that England has set in this country" as "the 
 real barrier between Ireland and her liberty,"* and 
 prophesied that, at the same hour with the disappearance 
 of the landlords the power of foreign government would 
 disappear also, and then " their old nation and race would 
 
 Mr. O'Brien's, become free and independent again." Mr. O'Brien called 
 upon his countrymen to " March on, shoulder to shoulder, 
 until we shall have liberated this land from the twin curses 
 
 Mr. Davitt's, o f landlordism and English rule."f Mr. Davitt, who 
 boasted that he had registered a vow "to bear towards 
 England and England's Government all the accumulated 
 hatred of his Irish nation," pledged himself to " carry on 
 this fight at any cost until landlord tyranny and English 
 Government are destroyed in Ireland."* These speeches, 
 and hundreds more in the same strain, were delivered long 
 
 and the after that alliance which the Gladstonians call the "Union 
 
 Hearts"' ^ Hearts," and also long after the close of that chapter 
 of Irish history which formed the subject of the "charges 
 and allegations" inquired into by the Special Commission. 
 
 Results of the The results of that inquiry were of great importance to 
 
 nussion. ' Unionists. It had been possible before the Commission 
 was appointed to dismiss the charges of disloyalty and 
 lawlessness against the League and its Parliamentary 
 
 * Freeman's Journal, October 18, 1886. 
 t Freeman's Journal, December 6, 1886. 
 j Freeman's Journal, June 3, 1887.
 
 v.] The Unionist Position. 51 
 
 spokesmen as inventions of the enemy, though, as Mr. 
 Bright once said, " the facts were their own facts." But 
 this evasion was no longer possible when Sir James 
 Hannen and his colleagues, after the most careful investi- 
 gation, found* that Mr. Dillon, Mr. O'Brien, Mr. Davitt, 
 and others " established and joined in the Land League 
 organization with the intention by its means to bring about 
 the absolute independence of Ireland as a separate nation" ; 
 that Mr. Parnell and more than three-fourths of the Par- 
 liamentary party, including the above-mentioned, as well 
 as Mr. Sexton, Mr. Redmond, Mr. T. P. O'Connor, and, 
 in fact, every well-known name, entered into a " criminal 
 conspiracy," having for one of its objects " by a system 
 of coercion and intimidation to promote an agrarian agi- 
 tation against the payment of agricultural rents for the 
 purpose of impoverishing and expelling from the country 
 the Irish landlords, who were styled the English garrison" ;f 
 that they " did not denounce the system of intimidation 
 which led to crime and outrage, but persisted in it with 
 knowledge of its effect " ; and that they " invited and 
 obtained the assistance and co-operation of the physical 
 force party in America, including the Clan-na-Gael, and, 
 in order to obtain that assistance, abstained from repudiat- 
 ing or condemning the action of that party." The 
 politicians against whom the Special Commission found 
 these charges to be proved would now be in control of 
 the Irish Executive Government and dominant in the 
 Irish Legislature, if the Unionists had not successfully 
 resisted Mr. Gladstone's policy in 1886. 
 
 What use would they have made of their power ? Mr. Mr. Dillon'* 
 Dillon has given us some information on this subject threat - 
 from time to time. " When we come out of the struggle," 
 
 * Report of the Special Commission, pp. 31, 32. 
 t Report 6f the Special Commission, pp. 53, 54. 
 Report of the Special Commission, p. *20. 
 2
 
 52 What Nome Rule Means Now. [v. 
 
 he said,* about six months after the rejection of Mr. Glad- 
 stone's Bill, "we will remember who were the people's 
 friends and who were the people's enemies, and will deal 
 out our reward to one and our punishment to the other." 
 The so-called Again, only a year ago, he said f : " I am perfectly con- 
 prisoners vinced that when the Home Rule Bill is brought forward 
 no Irishman will be detained in an English gaol for poli- 
 tical offences" much less, of course, in an Irish gaol; 
 and it must be remembered that both sections of the Irish 
 Separatists now regard both dynamiters, and conspirators 
 such as those concerned in the Phoenix Park, Barbavilla, 
 and Crossmaglen murder plots, as merely " political offen- 
 ders." Mr. Ford, of the Irish World, reminds his friends 
 in Ireland that the " dynamiters," who used to be dispa- 
 ragingly referred to by Irish politicians desirous of getting 
 a character for respectability, "include those who would 
 have Ireland a self-governing and prosperous nation 
 which means all honest Irishmen and who would justify 
 the employment to that end of means such as the Ameri- 
 can colonies used in wresting their independence from 
 England."* But the most striking indication of the 
 Objects of the practical outcome of Home Rule was given in the Clan- 
 na-Gael circular, which was presented in evidence before 
 the Special Commission, and reprinted in the report. 
 " While our objects," this interesting document runs, 
 "lie far beyond what may be obtained by agitation, a 
 National Parliament is an object which we are bound 
 to attain by any means offered. The achievement of a 
 National Parliament gives us a footing on Irish soil. It 
 gives us the agencies and instrumentalities of a govern- 
 ment ae jacto at the very commencement of the Irish 
 
 * Freeman's Journal, December 6, 1886. 
 
 t National Press, October 7, 1891. 
 
 I Jtrtsh World, April 17, 1886. 
 
 Jfeport of the Special Commission, p. 116.
 
 v.] The Unionist Position. 53 
 
 struggle. It places the Government in the hands of our 
 friends and brothers. It removes the Castle ring, and 
 gives us what we may well express as the plant of an 
 armed revolution. From this standpoint the restoration 
 of Parliament is part of our programme." If these reve- 
 lations had been accessible to the public in 1886 it is 
 doubtful whether Mr. Gladstone would have been able to 
 bring forward his Bill at all. They ought not to be of 
 less weight now, when a repetition of the offer of surrender 
 to " an influence akin to fear " Mr. Gladstone's own 
 phrase is contemplated. 
 
 From another quarter much light was thrown on the The lesson of 
 character of the men to whom Mr. Gladstone's policy 
 proposed to surrender the government of Ireland. Mr. 
 ParuelPs collapse in the Divorce Court, where it was 
 shown that he had carried on for years an adulterous 
 intrigue in circumstances of peculiar baseness and duplicity, 
 shattered the illusions that the Gladstonians had cherished 
 for years. It was no longer possible to put faith in the 
 honour and integrity of " the leader of the Irish people " ; 
 and the crew of time-servers that began to struggle for 
 the power which had slipped from Mr. ParnelPs grasp 
 were evidently not a whit more trustworthy. In the 
 worst period of the French Revolution the Dwtionnaire 
 des Girouettes recorded no more scandalous example of 
 treachery and tergiversation than the abandonment of 
 Mr. Parnell by the men who had beslavered him with ful- 
 some flattery in the Leinster Hall after the verdict in 
 the Divorce Court. The prolonged conflict in Committee 
 Room No. 15 and the rivalry between Parnellites and 
 Anti-Parnellites more than confirmed all that the Union- 
 ists had ever said or suspected about the un fitness of the 
 Irish agitators to be entrusted with practically uncon- 
 trolled power over the rights and liberties of their fellow- 
 citizens. Each faction hurled at the other accusations
 
 54 What Home Rule Means Now. [v. 
 
 of fraud and violence, of mendacity and theft, of sub- 
 orning evidence and inciting to outrage, of terrorism, 
 intolerance, and moral assassination. The one side 
 arrayed itself under the banners of the Roman Catholic 
 priesthood, which has always claimed, and has repeatedly 
 exercised, in Ireland the right to dictate the duty of the 
 people in politics. The other side allied itself openly 
 with the " hill-side men," the remains of the old Fenian 
 conspiracy, the police of the League, the agents and 
 mercenaries of the Clan-na-Grael and of the kindred 
 societies beyond the Atlantic. 
 
 The Unionists were fully justified in contending that 
 these revelations of character had destroyed one of the 
 main assumptions on which Mr. Gladstone's policy was 
 based. The Separatists themselves, in their internecine 
 fury, made admissions that went nearly as far. On the 
 one hand, Archbishop Croke said* " I am afraid the 
 cause is lost. Are we really fit for Home Kule and do 
 we deserve it?" He quoted the opinion expressed by 
 "staunch and intelligent" Irishmen that the Irish "had 
 given both friends and foes reason to believe that they 
 were at present utterly unfit for freedom." On the other 
 hand, the Parnellites were loud in their outcries against 
 clerical tyranny, which, they argued, must make Pro- 
 testant England reluctant to concede Home Rule to 
 Ireland. Their charges and contentions on this point 
 were brought to the test of an elaborate judicial inquiry 
 on the recent trial of the election petitions in South and 
 The Meath North Meath, where the Judges found that spiritual 
 
 Election peti- ... , 
 
 tions. terrorism in the grossest form had been employed by 
 
 Bishop Nulty and his priests, some of the latter even 
 descending to scandalous acts of personal violence. This 
 system of intimidation on which the Judges so severely 
 animadverted became a still more serious factor in the 
 
 * National Press, May 28, 1891.
 
 v.] The Unionist Position. 55 
 
 situation when it appeared that it was not a passing 
 ebullition of temper, but a settled scheme of policy. Several 
 years earlier Archbishop Walsh had claimed for the Irish 
 priesthood the " inalienable and indisputable right to 
 guide their people " in politics as well as in faith and 
 morals. 
 
 Mr. Healy, who appeared as counsel for the clerical 
 party in the Meath cases, asserted* that Dr. Nulty's 
 pastoral and the personal interference of his clergy were a 
 legitimate exercise of this right, which the Church, in 
 spite of any judicial decisions to the contrary, did not 
 intend for one moment to abandon or to abate. "The Mr. Heuly on 
 right of private judgment," he added, " was the right of judgment." 
 private stupidity." 
 
 The indignation with which Protestant Ulster protested The protest of 
 against the Bill of 1886 has been naturally intensified by 
 the gradual disclosure of the real meaning of the policy 
 of that measure, of the flimsiness of its pretended safe- 
 guards, of the intolerant pretensions of the Roman Ca- 
 tholic hierarchy and their power of giving effect to them, 
 and of the danger with which every form of property in 
 Ireland was threatened. It was noted that the prohibi- 
 tion of interference with religious endowments was evaded 
 by the sub-section of clause 19, and that, while Mr. Glad- 
 stone professed to put Ireland under Home Rule in the 
 position of a State of the American Union, he introduced 
 no provision like that in the Constitution of the United 
 States forbidding the abrogation of existing contracts 
 by State legislation. Protestant Ulster refused more em- 
 phatically than ever to be associated in unequal partner- 
 ship either with priests like Dr. Nulty or with Fenians 
 and Land Leaguers. The striking and all but unanimous Declaration of 
 declaration in favour of the Union by nearly a thousand ministers. 6 
 non-Episcopalian Protestant ministers in Ireland, herein 
 
 * Speech for the respondent on the trial of the South Meath Petition.
 
 56 What Home Rule Means Now. [v. 
 
 associated with the disestablished Church, from whom 
 many of their leaders had long been separated in politics, 
 
 Belfast Con- was followed up by the Belfast Convention the most re- 
 markable proof yet given of the success of Mr. Gladstone's 
 disruptionist schemes in fusing together all the progressive 
 elements in the North of Ireland, of whatever class, race, 
 or creed, in opposition to the surrender to Separatism. In 
 the face of these facts, Unionists in England and Scotland 
 have been confirmed in the attitude they took up seven 
 
 Mr. Spurgeon years ago. Then Mr. Spurgeon wrote*: "Especially I 
 feel the wrong done to our Ulster brethren. What have 
 they done to be thus cast off ? The whole scheme is as 
 full of dangers and absurdities as that of a madman." 
 
 Mr. Bright. And Mr. Bright, denouncing this " stupendous injustice 
 and blunder,"f and predicting its failure, declared that 
 he, at least, " would be no party to a measure which would 
 thrust them (the Irish loyalists) from the generosity of the 
 United and Imperial Parliament." These warnings and 
 protests from men who cannot be branded as Tories, have 
 lost none of their force when it is seen that the imposition 
 of Home Rule on Ireland will involve the risk, or rather 
 the certainty, of what Mr. Morley has styled* " a reduced 
 and squalid version of the Thirty Years' War." 
 
 Indications of Notwithstanding the inducements operating upon the 
 
 Rule would Nationalist leaders which have subdued their utterances 
 and minimized their claims in order, as Mr. Healy says r 
 to " conciliate English opinion," there have been indi- 
 cations enough of the way in which Home Rule would be- 
 worked. The Plan of Campaign and the speeches delivered 
 by its organizers show how the right to tamper with con- 
 
 * Letter to a Cardiff Liberal, May, 1886 (quoted in the British Weekly, 
 February 4, 1892). 
 
 t Speech at Birmingham, Times, July 2, 1886. See, also, his Election. 
 .Address, issued June 24, 1886. 
 
 | Nineteenth Century, November, 1882, p. 655.
 
 v.] The Unionist Position. 57 
 
 tracts, with which Mr. Gladstone proposes to invest the 
 Home Rule Parliament, would he enforced. Mr. Dillon 
 has openly and repeatedly asserted,* that, when Home Threats of 
 Rule comes, the police and all who have not sided with andclavitt T 
 "the people" will find that their conduct has not heen 
 forgotten. Mr. Davitt has denounced! the Ulstermen 
 quite in the style of his friend Mr. Ford, and jauntily 
 says : "Leave them alone to us, and we will make short 
 work of these gentry." Their promises are even more and their pro- 
 significant than their threats. When we are told that the 
 Parnellites are solely responsible for the encouragement of 
 wild hopes about the deliverance of the dynamiters, let it 
 be borne in mind that in October, 1891, Mr. Dillon said 
 at ThurlesJ : " "We all want amnesty, and believe me the 
 best way to win amnesty is to hurl the Tory Government 
 from office ; and I am perfectly convinced that when the 
 Home Rule Bill is brought forward no Irishman will be 
 detained iu an English gaol for political offences." Mr. 
 Davitt's pledges on behalf of the evicted tenants and other 
 "wounded soldiers" in the anti-English war are quite as 
 unqualified. "The first duty," he said in June, 1888, 
 " which should devolve upon the first Home Rule Parlia- 
 ment ought to be the reinstatement of every family in its 
 holding that has been evicted since the land agitation 
 began ten years ago." And he added that " every man and 
 woman who had been imprisoned during the same period 
 for resisting eviction or for refusing to become informers 
 in Star Chamber Courts, or for rendering soldierly service 
 in this movement, ought to be entitled to a pension for 
 life at the hands of a self-governed Ireland, if such persons 
 choose to accept such a reward." 
 
 * See, for example, freeman's Journal, December 6, 1886. 
 
 t Report of an " interview " in the Pall Mall Gazette, May 13, 1886. 
 
 J National Press, October 7, 1891. 
 
 $ freeman's Journal, June 18, 1888.
 
 58 What Home Rule Means Now. [v. 
 
 The keystone With such new light thrown upon the character, the 
 
 of the Unionist ...... . . . -r . i 
 
 position. purposes, and the dominating forces of the Irish agitation 
 and its leaders, it is evident that all the motives which 
 acted upon Unionists six or seven years ago are now 
 doubly strong. Nor can we doubt that the Gladstonians 
 have lost confidence in a policy, the defects and dangers 
 of which are avowed by the shifts and dodges its 
 authors have had resort to. Nevertheless they are tied 
 hand and foot by their leader's pledges. In June last* 
 Mr. Gladstone ]\ r . Gladstone told the Labour deputation : "I am so 
 Irish Ques- bound in honour and character to the Irish question that 
 I should really disgrace myself to the lowest point that 
 the most unprincipled could possibly sink to if I were to 
 recede from the position to which I am bound by the 
 struggle of the last few years." Since then the general 
 election has taken place, and though Mr. Gladstone has a 
 nominal majority won, as his partisans admit, by the 
 power of his name alone there is a majority of more than 
 70 against him among the representatives of England. 
 Politicians so different in hue as Lord Brassey, Sir 
 Edward Heed, and Mr. T. P. O'Connor, have pointed out 
 the extreme difficulty of attempting any fundamental 
 change in the Constitution against the expressed wishes of 
 the most important member of the national partnership 
 known as the United Kingdom. This is the corner-stone 
 of the Unionist position, and upon it the Union stands 
 secure. 
 
 * Times, June 17, 1892.
 
 APPENDIX A. 
 
 GOVERNMENT OF IRELAND BILL. 
 
 ARRANGEMENT OF CLAUSES. 
 
 PART I. 
 Legislative Auttority. 
 
 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. 
 
 5. Prerogatives of Her Majesty as to Irish Legislative Body. 
 
 6. Duration of the Irish Legislative Body. 
 
 Executive Authority. 
 
 7. Constitution of the Executive Authority. 
 
 8. Use of Crown lands by Irish Government. 
 
 Constitution of Legislative Body. 
 
 9. Constitution of Irish Legislative Body. 
 
 10. First order. 
 
 1 1 . Second order. 
 
 Finance. 
 
 12. Taxes and separate Consolidated Fund. 
 
 13. Annual contributions from Ireland to Consolidated Fund of 
 
 United Kingdom. 
 
 14. Collection and application of customs and excise duties in 
 
 Ireland. 
 
 15. Charges on Irish Consolidated Fund. 
 
 16. Irish Church Fund. 
 
 17. Public loans. 
 
 18. Additional aid in case of war. 
 
 19. Money bills and votes. 
 
 20. Exchequer divisions and revenue actions. 
 
 Police. 
 
 21. Police.
 
 60 Arrangement of Clauses. 
 
 PART II. 
 
 SUPPLEMENTAL PBOVISIONS. 
 Powers of Her Majesty. 
 
 Clause. 
 
 22. Powers over certain lands reserved to Her Majesty. 
 
 Legislative Body. 
 
 23. Veto by first order of Legislative Body, how over-ruled. 
 
 24. Cesser of power of Ireland to return members to Parliament. 
 
 Decision of Constitutional Questions. 
 
 25. Constitutional questions to be submitted to Judicial Com- 
 
 mittee. 
 
 Lord Lieutenant. 
 
 26. Office of Lord Lieutenant. 
 
 Judges and Civil Servants. 
 
 27. Judges to be removable only on address. 
 
 28. Provision as to judges and other persons having salaries 
 
 charged on the Consolidated Fund. 
 
 29. As to persons holding civil service appointments. 
 
 30. Provision for existing pensions and superannuation allow- 
 
 ances. 
 
 Transitory Provisions. 
 
 31. Transitory provisions in Schedule. 
 
 Miscellaneous. 
 
 32. Post Office and savings banks. 
 
 33. Audit. 
 
 34. Application of parliamentary law. 
 
 35. Regulations for carrying Act into effect. 
 
 36. Saving of powers of House of Lords. 
 
 37. Saving of rights of Parliament. 
 
 38. Continuance of existing laws, courts, officers, &c. 
 
 39. Mode of alteration of Act. 
 
 40. Definitions. 
 
 41. Short title of Act. 
 
 SCHEDULES.
 
 A B I LL 
 
 TO AMEND 
 
 The provision for the future Government of Ireland, A.D. isse. 
 
 [49 VICT.] 
 
 BE it 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 : 
 
 PART I. 
 
 Legislative Authority. 
 
 1. On and after the appointed day there shall be established Establish- 
 in Ireland a Legislature consisting of Her Majesty the Queen ^"h^egis 
 and an Irish Legislative Body. lature. 
 
 2. With the exceptions and subject to the restrictions in this Powers of 
 Act mentioned, it shall be lawful for Her Majesty the Queen, [U*^** 18 " 
 by and with the advice of the Irish Legislative Body, to make 
 
 laws for the peace, order, and good government of Ireland, and 
 by any such law to alter and repeal any law in Ireland. 
 
 3. The Legislature of Ireland shall not make laws relating to Exceptions 
 the following matters or any of them : ofTish 5 
 
 (1.) The status or dignity of the Crown, or the succession to Le & islatur 
 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 com- 
 mitted 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 ;
 
 62 The Government of Ireland Bill. [PART I. 
 
 A.D. 1886. (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. 
 
 Any law made in contravention of this section shall he void. 
 
 Restrictions 4. The Irish Legislature shall not make any law 
 
 on powers 
 of Irish 
 Legislature. 
 
 on powers 
 
 of Irish (i ) Eespecting 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 cor- 
 poration 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. 
 
 Preroga- 5. Her Majesty the Queen shall have the same prerogatives 
 
 Majesty as* with respect to summoning, proroguing, and dissolving the Irish 
 
 to Irish Legislative Body as Her Majesty has with respect to summon- 
 
 Boly. a ' " ing, proroguing, and dissolving the Imperial Parliament. 
 
 Duration of 6. The Irish Legislative Body whenever summoned may have 
 the insh continuance for five years and no longer, to be reckoned from the 
 
 J-epsIative . ' * i . -r? -i t i ^ 
 
 Body. day on which any such Legislative Body is appointed to meet.
 
 PART I.] The Government of Ireland Bill. 63 
 
 A.D. 1886. 
 Executive Authority. 
 
 7. (1.) The Executive Government of Ireland shall continue constitu- 
 vested in Her Majesty, and shall he carried on by the Lord " c u f t |v| 
 Lieutenant on behalf of Her Majesty with the aid of such officers Authority. 
 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. 
 
 8. Her Majesty may, by Order in Council, from time to time Use of 
 place under the control of the Irish Government, for the purposes {^^L. 
 of that Government, any such lands and buildings in Ireland as Irish 
 may be vested in or held in trust for Her Majesty. menf. rn " 
 
 Constitution of Legislative Body. 
 
 9. (1.) The Irish Legislative Body shall consist of a first and Constitu- 
 second order. ?%? 
 
 (2.) The two orders shall deliberate together, and shall vote Body, 
 together, except that, if any question arises in relation to legis- 
 lation or to the Standing Orders or Rules of Procedure or to any 
 other matter in that behalf in this Act specified, and such 
 question is to be determined by vote, each order shall, if a 
 majority of the members present of either order demand a 
 separate vote, give their votes in like manner as if they were 
 separate Legislative Bodies ; and if the result of the voting of 
 the two orders does not agree the question shall be resolved in 
 the negative. 
 
 10. (1.) The first order of the Irish Legislative Body shall First order, 
 consist of one hundred and three members, of whom seventy -five 
 shall be elective membei's and twenty-eight peerage members. 
 
 (2.) Each elective member shall at the date of his election and 
 during his period of membership be bona fide possessed of property 
 which 
 
 (a.) if realty, or partly realty and partly personalty, yields 
 
 two hundred pounds a year or upwards, free of all 
 
 charges; or 
 (i.) if personalty yields the same income, or is of the capital 
 
 value of four thousand pounds or upwards, free of all 
 
 charges.
 
 64 The Government of Ireland Bill. [PART!. 
 
 A.D. 1886. (2.) For the purpose of electing the elective members of the 
 first order of the Legislative Body, Ireland shall be divided into 
 the electoral districts specified in the First Schedule to this Act, 
 and each sucli district shall return the number of members in 
 that behalf specified in that Schedule. 
 
 (3.) The elective members shall be elected by the registered 
 electors of each electoral district, and for that purpose a register 
 of electors shall be made annually. 
 
 (4.) An elector in each electoral district shall be qualified as 
 follows, that is to say, he shall be of full age, and not subject to 
 any legal incapacity, and shall have been during the twelve 
 months next preceding the twentieth day of July in any year the 
 owner or occupier of some land or tenement within the district 
 of a net annual value of twenty-five pounds or upwards. 
 
 (5.) The term of office of an elective member shall be ten 
 years. 
 
 (6.) In every fifth year thirty-seven or thirty-eight of the 
 elective members, as the case requires, shall retire from office, and 
 their places shall be filled by election ; the members to retire 
 shall be those who have been members for the longest time with- 
 out re-election. 
 
 (7.) The offices of the peerage members shall be filled as 
 follows ; that is to say, 
 
 (0.) Each of the Irish peers who on the appointed day is one of 
 the twenty-eight Irish representative peers, shall, on 
 giving his written assent to the Lord Lieutenant, become 
 a peerage member of the first order of the Irish Legis- 
 lative Body ; and if at any time within thirty years after 
 the appointed day any such peer vacates his office by 
 death or resignation, the vacancy shall be filled by the 
 election to that office by the Irish peers of one of their 
 number in manner heretofore in use respecting the 
 election of Irish representative peers, subject to adap- 
 tation as provided by this Act, and if the vacancy is 
 not so filled within the proper time it shall be filled 
 by the election of an elective member. 
 
 (J.) If any of the twenty-eight peers aforesaid does not within 
 one month after the appointed day give such assent to 
 be a peerage member of the first order, the vacancy so 
 created shall be filled up as if he had assented and 
 vacated his office by resignation. 
 
 (8.) A peerage member shall be entitled to hold office during 
 his life, or until the expiration of thirty years from the appointed 
 day, whichever period is the shortest. At the expiration of such 
 thirty years the offices of all the peerage members shall be 
 vacated as if they were dead, and their places shall be filled by 
 elective members qualified and elected in manner provided by
 
 PART!.] The Government of Ireland Bill. 65 
 
 this Act with respect to elective members of the first order, and A.D. 1886. 
 such elective members may be distributed by the Irish Legis- 
 lature among the electoral districts, so, however, that care shall 
 be taken to give additional members to the most populous 
 places. 
 
 (9.) The offices of membors of the first order shall not be 
 vacated by the dissolution of the Legislative Body. 
 
 (10.) The provisions in the Second Schedule to this Act relat- 
 ing to members of the first order of the Legislative Body shall 
 be of the same force as if they were enacted in the body of this 
 Act. 
 
 11. (1.) Subject as in this section hereafter mentioned, the Second 
 second order of the Legislative Body shall consist of two hundred order ' 
 and four members. 
 
 (2.) The members of the second order shall be chosen by the 
 existing constituencies of Ireland, two by each constituency, 
 with the exception of the city of Cork, which shall be divided 
 into two divisions in manner set forth in the Third Schedule to 
 this Act, and two members shall be chosen by each of such 
 divisions. 
 
 (3.) Any person who, on the appointed day, is a member 
 representing an existing Irish constituency in the House of 
 Commons shall, on giving his written assent to the Lord Lieu- 
 tenant, become a member of the second order of the Irish Legis- 
 lative Body as if he had been elected by the constituency which 
 he was representing in the House of Commons. Each of the 
 members for the city of Cork, on the said day, may elect for 
 which of the divisions of that city he wishes to be deemed to 
 have been elected. 
 
 (4.) If any member does not give such written assent within 
 one month after the appointed day, his place shall be filled by 
 election in the same manner and at the same time as if he had 
 assented and vacated his office by death. 
 
 (5.) If the same person is elected to both orders, he shall, 
 within seven days after the meeting of the Legislative Body, or if 
 the Body is sitting at the time of the election, within seven days 
 after the election, elect in which order he will serve, and his 
 membership of the other order shall be void and be filled by a 
 fresh election. 
 
 (6.) Notwithstanding anything in this Act, it shall be lawful 
 for the Legislature of Ireland at any time to pass an Act enab- 
 ling the Iloyal University of Ireland to return not more than 
 two members to the second order of the Irish Legislative Body 
 in addition to the number of members above mentioned. 
 
 (7.) Notwithstanding anything in this Act, it shall be lawful 
 for the Irish Legislature, after the first dissolution of the Legis- 
 lative Body which occurs, to alter the constitution or election of 
 
 F
 
 66 The Government of Ireland Bill. [PART I. 
 
 A.D. 1886. the second order of that hody, due regard being had in the dis- 
 tribution of members to the population of the constituencies ; 
 provided that no alteration shall be made in the number of such 
 order. 
 
 Finance. 
 
 Taxes and 12. (i.) p r the purpose of providing for the public service 
 Consoiida- of Ireland the Irish Legislature may impose taxes, other than 
 ted Fund, duties of customs or excise as defined by this Act, which duties 
 shall continue to be imposed and levied by and under the direc- 
 tion of the Imperial Parliament only. 
 
 (2.) On and after the appointed day there shall be an Irish 
 Consolidated Fund separate from the Consolidated Fund of the 
 United Kingdom. 
 
 (3.) All taxes imposed by the Legislature of Ireland and all 
 other public revenues under the control of the Government of 
 Ireland shall, subject to any provisions touching the disposal 
 thereof contained in any Act passed in the present session re- 
 specting the sale and purchase of land in Ireland, be paid into 
 the Irish Consolidated Fund, and be appropriated to the public 
 service of Ireland according to law. 
 
 Annuaicon- 13. (I.) Subject to the provisions for the reduction or cesser 
 from ire- 8 thereof in this section mentioned, there shall be made on the 
 ConsoH- P art of I feland to tlie Consolidated Fund of the United King- 
 dated Fund dom the following annual contributions in every financial year ; 
 Stm. that is to say- 
 
 (o.) The sum of one million four hundred and sixty -six thousand 
 pounds on account of the interest on and management 
 of the Irish share of the National Debt : 
 (i.) the sum of one million six hundred and sixty-six thousand 
 pounds on account of the expenditure on the army and 
 navy of the United Kingdom : 
 
 (c.) The sum of one hundred and ten thousand pounds on account 
 of the Imperial civil expenditure of the United King- 
 dom : 
 
 (<.) The sum of one million pounds on account of the Eoyal 
 
 Irish Constabulary and the Dublin Metropolitan Police. 
 
 (2.) During the period of thirty years from this section taking 
 
 effect the said annual contributions shall not be increased, but 
 
 may be reduced or cease as hereinafter mentioned. After the 
 
 expiration of the said thirty years the said contributions shall, 
 
 save as otherwise provided by this section, continue until altered 
 
 in manner provided with respect to the alteration of this Act. 
 
 (3.) The Irish share of the National Debt shall be reckoned at 
 forty -eight million pounds Bank annuities, and there shall be paid
 
 PART!.] The Government of Ireland Sill. 67 
 
 in every financial year on behalf of Ireland to the Commissioners A.D. 188Q. 
 for the reduction of the National Debt an annual sum of three 
 hundred and sixty thousand pounds, and the permanent annual 
 charge for the National Debt on the Consolidated Fund of the 
 United Kingdom shall be reduced by that amount, and the said 
 annual sum shall be applied by the said Commissioners as a 
 sinking fund for the redemption of the National Debt, and the 
 Irish share of the National Debt shall be reduced by the amount 
 of the National Debt so redeemed, and the said annual contribu- 
 tion on account of the interest on and management of the Irish 
 share of the National Debt shall from time to time be reduced 
 by a sum equal to the interest upon the amount of the National 
 Debt from time to time so redeemed, but that last-mentioned sum 
 shall be paid annually to the Commissioners for the Reduction of 
 the National Debt in addition to the above-mentioned annual 
 sinking fund, and shall be so paid and be applied as if it were 
 part of that sinking fund. 
 
 (4.) As soon as an amount of the National Debt equal to the 
 said Irish share thereof has been redeemed under the provisions 
 of this section, the said annual contribution on account of the 
 interest on and management of the Irish share of the National 
 Debt, and the said annual sum for a sinking fund, shall cease. 
 
 (5.) If it appears to Her Majesty that the expenditure in 
 respect of the army and navy of the United Kingdom, or in 
 respect of Imperial civil expenditure of the United Kingdom, 
 for any financial year has been less than fifteen times the amount 
 of the contributions above named on account of the same matter, 
 a sum equal to one-fifteenth part of the diminution shall be 
 deducted from the current annual contribution for the same 
 matter. 
 
 (6.) The sum paid from time to time by the Commissioners of 
 Her Majesty's Woods, Forests, and Land Eevenues to the Con- 
 solidated Fund of the United Kingdom on account of the heredi- 
 tary revenues of the Crown in Ireland shall be credited to the 
 Irish Government, and go in reduction of the said annual 
 contribution payable on account of the imperial civil expenditure 
 of the United Kingdom, but shall not be taken into account in 
 calculating whether such diminution as above mentioned has or 
 has not taken place in such expenditure. 
 
 (7.) If it appears to Her Majesty that the expenditure in 
 respect of the Royal Irish Constabulary and the Dublin Metro- 
 politan Police for any financial year has been less than the 
 contribution above named on account of such constabulary and 
 police, the current contribution shall be diminished by the 
 amount of such difference. 
 
 (8.) This section shall take effect from and after the thirty - 
 first day of March one thousand eight hundred and eighty-seven. 
 
 F 2
 
 68 The Government of Ireland Bill. [PART I. 
 
 A.D. 1886. 14. (1.) On and after such day as the Treasury may direct 
 
 Collection a ^ moneys from time to time collected in Ireland on account of 
 
 and appii- the duties of customs or the duties of excise as defined by this 
 
 customs and Act shall, under such regulations as the Treasury from time to 
 
 exciseduties time make, be carried to a separate account (in this Act referred 
 
 to as the customs and excise account) and applied in the payment 
 
 of the following sums in priority as mentioned in this section ; 
 
 that is to say, 
 
 First, of such sum as is from time to time directed by the 
 Treasury in respect of the costs, charges, and expenses of 
 and incident to the collection and management of the said 
 duties in Ireland not exceeding four per cent, of the amount 
 collected there ; 
 
 Secondly, of the annual contributions required by this Act to 
 be made to the Consolidated Fund of the United Kingdom ; 
 
 Thirdly, of the annual sums required by this Act to be paid to 
 the Commissioners for the Reduction of the National Debt ; 
 
 Fourthly, of all sums by this Act declared to be payable out 
 of the moneys carried to the customs and excise account ; 
 
 Fifthly, of all sums due to the Consolidated Fund of the 
 United Kingdom for interest or sinking fund, in respect of 
 any loans made by the issue of bank annuities or otherwise 
 to the Government of Ireland under any Act passed in the 
 present session relating to the purchase and sale of land in 
 Ireland, so far as such sums are not defrayed out of the 
 moneys received under such Act. 
 
 (2.) So much of the moneys carried to a separate account 
 under this section as the Treasury consider are not, and are not 
 likely to be, required to meet the above-mentioned payments, 
 shall from time to time be paid over and applied as part of the 
 public revenues under the control of the Irish Government. 
 
 Charges on 15. (1.) There shall be charged on the Irish Consolidated 
 soHdated"" Fund in priority as mentioned in this section : 
 
 First, such portion of the sums directed by this Act to be 
 paid out of the moneys carried to the customs and excise 
 account in priority to any payment for the public revenues 
 of Ireland, as those moneys are insufficient to pay ; 
 
 Secondly, all sums due in respect of any debt incurred by the 
 Government of Ireland, whether for interest, management, 
 or sinking fund ; 
 
 Thirdly, all sums which at the passing of this Act are charged 
 on the Consolidated Fund of the United Kingdom in respect 
 of Irish services other than the salary of the Lord Lieu- 
 tenant :
 
 PART I.] The Government of Ireland Bill. 69 
 
 Fourthly, the salaries of all judges of the Supreme Court of A.D. 1886. 
 Judicature or other superior court in Ireland, or of any 
 county or other like court, who are appointed after the 
 passing of this Act, and the pensions of such judges ; 
 
 Fifthly, any other sums charged by this Act on the Irish Con- 
 solidated Fund. 
 
 (2.) It shall be the duty of the Legislature of Ireland to impose 
 all such taxes, duties, or imposts as will raise a sufficient revenue 
 to meet all sums charged for the time being on the Irish Consoli- 
 dated Fund. 
 
 16. Until all charges which are payable out of the Church Irish 
 property in Ireland, and are guaranteed by the Treasury, have Fund? 
 been fully paid, the Irish Land Commission shall continue as 
 heretofore to exist, with such Commissioners and officers receiving 
 such salaries as the Treasury may from time to time appoint, and 
 to administer the Church property and apply the income and 
 other moneys receivable therefrom ; and so much of the salaries 
 of such Commissioners and officers and expenses of the office as is 
 not paid out of the Church property shall be paid out of the moneys 
 carried to the customs and excise account under this Act, and if 
 those moneys are insufficient, out of the Consolidated Fund of 
 Ireland, and if not so paid, shall be paid out of moneys provided 
 by Parliament. 
 
 Provided as follows : 
 
 (a) All charges on the Church property for which a guarantee 
 has been given by the Treasury before the passing of 
 this Act shall, so far as they are not paid out of such 
 property, be paid out of the moneys carried to the 
 Customs and Excise account under this Act, and if 
 such moneys are insufficient, the Consolidated Fund of 
 Ireland, without prejudice nevertheless to the guaran- 
 tee of the Treasury ; 
 
 (5.) All charges on the Church property, for which no guaran- 
 tee has been given by the Treasury before the passing 
 of this Act shall be charged on the Consolidated Fund 
 of Ireland, but shall not be guaranteed by the Treasury 
 nor charged on the Consolidated Fund of the United 
 Kingdom. 
 
 (2.) Subject to any existing charges on the Church property, 
 such property shall belong to the Irish Government and any 
 portion of the annual revenue thereof which the Treasury, on 
 the application of the Irish Government, certify at the end of 
 any financial year not to be required for meeting charges, shall 
 be paid over and applied as part of the public revenues under the 
 control of the Irish Government.
 
 Public 
 loans. 
 
 The Government of Ireland Bill. [PART I. 
 
 A.D. 188(>. (3.) As soon as all charges on the Church property guaranteed 
 by the Treasury have been paid, such property may be managed 
 and administered, and subject to existing charges thereon dis- 
 posed of, and the income or proceeds thereof applied, in such 
 manner as the Irish Legislature may from time to time direct. 
 (4.) " Church property" in this section means all property 
 
 32 & 33 Viet, accruing under the Irish Church Act, 1869, and transferred to 
 
 44 Ms Viet, the Irish Land Commission by the Irish Church Act Amendment 
 
 c -7'- Act, 1881. 
 
 17. (1.) All sums due for principal or interest to the Public 
 "Works Loan Commissioners or to the Commissioners of Public 
 Works in Ireland in respect of existing loans advanced on any 
 security in Ireland shall on and after the appointed day be due 
 to the Government of Ireland instead of the said Commissioners, 
 and such body of persons as the Government of Ireland may 
 appoint for the purpose shall have all the powers of the said 
 Commissioners or their secretary for enforcing payment of such 
 sums, and all securities for such sums given to such Commis- 
 sioners or their secretary shall have effect as if the said body 
 were therein substituted for those Commissioners or their secre- 
 tary. 
 
 (2.) For the repayment of the s'aid loans to the Consolidated 
 Fund of the United Kingdom the Irish Government shall pay 
 annually into that fund by half-yearly payments on ihejtrst day 
 of January and the first day of July, or on such other days as 
 may be agreed on, such instalments of the principal of the said 
 loans as will discharge all the loans within thirty years from the 
 appointed day, and shall also pay interest half yearly on so 
 much of the said principal as from time to time remains unpaid 
 at the rate of three per cent, per annum, and such instalments of 
 principal and interest shall be paid out of the moneys carried to 
 the customs and excise account under this Act, and if those are 
 insufficient, out of the Consolidated Fund of Ireland. 
 
 Additional 18. If Her Majesty declares that a state of war exists and 
 ofwar?* 86 i s pleased to signify such declaration to the Irish Legislative 
 Body by speech or message, it shall be lawful for the Irish 
 Legislature to appropriate a further sum out of the Consolidated 
 Fund of Ireland in aid of the army or navy, or other measures 
 which Her Majesty may take for the prosecution of the war and 
 defence of the realm, and to provide and raise money for that 
 purpose ; and all moneys so provided and raised, whether by loan, 
 taxation, or otherwise, shall be paid into the Consolidated Fund 
 of the United Kingdom. 
 
 19. (1.) It shall not be lawful for the Irish Legislative Body 
 ^o a ^ p^ or p a88 an y vote, resolution, address, or Bill for the 
 raising or appropriation for any purpose of any part of the public 
 
 Money bills 
 and votes.
 
 PART I.] The Government of Ireland Bill. 71 
 
 revenue of Ireland, or of any tax, duty, or impost, except in pur- A.D. 1886. 
 suance of a recommendation from Her Majesty signified through 
 the Lord Lieutenant in the session in which such vote, resolution, 
 address, or Bill is proposed. 
 
 (2.) Notwithstanding that the Irish Legislature is prohibited 
 by this Act for making laws relating to certain subjects, that 
 Legislature may, with the assent of Her Majesty in Council first 
 obtained, appropriate any part of the Irish public revenue, or any 
 tax, duty, or impost imposed by such Legislature, for the purpose 
 of, or in connexion with, such subjects. 
 
 20. (1.) On and after the appointed day, the Exchequer Exchequer 
 Division of the High Court of Justice shall continue to be a Court ^revenue 
 of Exchequer for revenue purposes under this Act, and whenever action*, 
 any vacancy occurs in the office of any judge of such Exchequer 
 Division, his successor shall be appointed by Her Majesty on the 
 joint recommendation of the Lord Lieutenant of Ireland and the 
 Lord High Chancellor of Great Britain. 
 
 (2.) The judges of such Exchequer Division appointed after 
 the passing of this Act shall be removable only by Her Majesty 
 on address from the two Houses of the Imperial Parliament, and 
 shall receive the same salaries and pensions as those payable at 
 the passing of this Act to the existing judges of such division, 
 unless with the assent of Her Majesty in Council first obtained, 
 the Irish Legislature alters such salaries or pensions, and such 
 salaries and pensions shall be paid out of the moneys carried to 
 the customs and excise account in pursuance of this Act, and if 
 the same are insufficient shall be paid out of the Irish Con- 
 solidated Fund, and if not so paid shall be paid out of the 
 Consolidated Fund of the United Kingdom. 
 
 (3.) An alteration of any rules relating to the procedure in 
 such legal proceedings as are mentioned in this section shall not 
 be made except with the approval of the Lord High Chancellor 
 of Great Britain, and the sittings of the Exchequer division and 
 the judges thereof shall be regulated with the like approval. 
 
 (4.) All legal proceedings instituted in Ireland by or against 
 the Commissioners or any officers of custom or excise, or the 
 Treasury, shall, if so required by any party to such proceedings, 
 be heard and determined before the judges of such Exchequer 
 division, or some or one of them, and any appeal from the 
 decision in any such legal proceeding, if by a judge, shall lie to 
 the said division, and if by the Exchequer division, shall lie to 
 the House of Lords, and not to any other tribunal; and if it is 
 made to appear to such judges, or any of them, 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 judges or judge shall appoint some officer 
 to enforce such judgment or decree ; and it shall be the duty of
 
 72 The Government of Ireland Bill. [PART 1. 
 
 A.D. 1886. such officer to take proper steps to enforce the same, and for that 
 purpose such officer and all persons employed by him shall be 
 entitled to the same immunities, powers, and privileges as are by 
 law conferred on a sheriff and his officers. 
 
 (5.) All sums recovered in respect of duties of Customs and 
 Excise, or under any Act relating thereto, or by an officer of 
 Customs or Excise, shall, notwithstanding anything in any other 
 Act, be paid to the Treasury, and carried to the Customs and 
 Excise account under this Act. 
 
 Police. 
 
 Police 21. The following regulations shall be made with respect to 
 
 police in Ireland : 
 
 (a.) The Dublin Metropolitan Police shall continue and be 
 subject as heretofore to the control of the Lord Lieutenant as 
 representing Her Majesty for a period of two years from the 
 passing of this Act, and thereafter until any alteration is made 
 by Act of the Legislature of Ireland, but such Act shall provide 
 for the proper saving of all then existing interests, whether as 
 regards pay, pensions, superannuation allowances, or otherwise. 
 
 (i.) The Royal Irish Constabulary shall, while that force 
 subsists, continue and be subject as heretofore to the control of 
 the Lord Lieutenant as representing Her Majesty. 
 
 (0.) The Irish. Legislature may provide for the establishment 
 and maintenance of a police force in counties and boroughs in 
 Ireland under the control of local authorities, and arrangements 
 may be made between the Treasury and the Irish Government 
 for the establishment and maintenance of police reserves.
 
 PART II.] The Government of Ireland Bill 73 
 
 A.D. 1886. 
 
 PART II. 
 
 SUPPLEMENTAL PROVISIONS. 
 Powers of Her Majesty. 
 
 22. On and after the appointed day there shall he reserved to Power over 
 Her Majesty- ~dJ M . 
 
 (1.) The power of erecting forts, magazines, arsenals, dock- Her edt 
 yards, and other buildings for military or naval pur- Majesty, 
 poses ; 
 
 (2.) The power of taking waste land, and, on making due 
 compensation, any other land, for the purpose of erect- 
 ing such forts, magazines, arsenals, dockyards, or other 
 huildings as aforesaid, and for any other military or 
 naval purpose, or the defence of the realm. 
 
 Legislative Body. 
 
 23. If a Bill or any provision of a Bill is lost hy disagreement veto by 
 between the two orders of the Legislative Body, and after a fi r OT - d f T 
 period ending with a dissolution of the Legislative Body, or the tiveB^dy*. 
 period of three years whichever period is longest, such Bill, or a Bill ^d ver " 
 containing the said provision, is again considered hy the Legis- 
 lative Body, and such Bill or provision is adopted hy the second 
 
 order and negatived hy the first order, the same shall be sub- 
 mitted to the whole Legislative Body, both orders of which shall 
 vote together on the Bill or provision, and the same shall be 
 adopted or rejected according to the decision of the majority of 
 the members so voting together. 
 
 24. On and after the appointed day Ireland shall cease, except Cesser of 
 in the event hereafter in this Act mentioned, to return repre- f^^ to 
 sentative peers to the House of Lords or members to the House return mem- 
 of Commons, and the persons who on the said day are such re- parliament, 
 presentative peers and members shall cease as such to be members 
 
 of the House of Lords and House of Commons respectively. 
 
 Decision of Constitutional Questions. 
 
 25. Questions arising as to the powers conferred on the Legis- Constitu- 
 latureof Ireland under this Act shall be determined as follows : Jj ^tobT" 
 
 (a.) If any such question arises on any Bill passed by the jud7ci"f dt 
 Legislative Body, the Lord Lieutenant may refer such Committee, 
 question to Her Majesty in Council ;
 
 74 The Government of Ireland Bill. [PART II. 
 
 A.D. 1886. (J.) If, in the course of any action or other legal proceeding, 
 such question arises on any Act of the Irish Legisla- 
 ture, any party to such action or other legal proceed- 
 ing may, subject to the rules in this section mentioned, 
 appeal from a decision on such question to Her Majesty 
 in Council ; 
 
 (0.) If any such question arises otherwise than as aforesaid on 
 any Act of the Irish Legislature, the Lord Lieutenant 
 or one of Her Majesty's principal Secretaries of State 
 may refer such question to Her Majesty in Council ; 
 
 (d.} Any question referred or appeal brought under this sec- 
 tion to Her Majesty in Council shall be referred for 
 the consideration of the Judicial Committee of the 
 Privy Council ; 
 
 (0.) The decision of Her Majesty in Council on any question 
 referred or appeal brought under this section shall be 
 final, and a Bill which may be so decided to be, or 
 contain a provision, in excess of the powers of the 
 Irish Legislature shall not be assented to by the Lord 
 Lieutenant; and a provision of any Act which is so 
 decided to be in excess of the powers of the Irish 
 Legislature shall be void ; 
 
 (/.) There shall be added to the Judicial Committee when 
 sitting for the purpose of considering questions under 
 this section, such members of Her Majesty's Privy 
 Council, being or having been Irish judges, as to Her 
 Majesty may seem meet ; 
 
 (g.) Her Majesty may, by Order in Council from time to 
 time, make rules as to the cases and mode in which 
 and the conditions under which, in pursuance of this 
 section, questions may be referred and appeals brought 
 to Her Majesty in Council, and as to the consideration 
 thereof by the Judicial Committee of the Privy Council, 
 and any rules so made shall be of the same force as if 
 they were enacted in this Act ; 
 
 (A.) An appeal shall not lie to the House of Lords in respect 
 of any question in respect of which an appeal can be 
 had to Her Majesty in Council in pursuance of this 
 section. 
 
 Lord Lieutenant. 
 
 Office of 26. (1.) Notwithstanding anything to the contrary contained 
 
 Lieutenant * n an T ^^ ^ Parliament, every subject of Her Majesty shall be 
 eligible to hold aud enjoy the office of Lord Lieutenant of Ire- 
 land, without reference to his religious belief. 
 
 (2.) The salary of the Lord Lieutenant shall continue to be
 
 PART II.] The Government of Ireland Bill. 76 
 
 charged on the Consolidated Fund of the United Kingdom, and A.D. 1886. 
 the expenses of his household and establishment shall continue 
 to he defrayed out of moneys to be provided by Parliament. 
 
 (3.) All existing powers vested by Act of Parliament or other- 
 Wise in the Chief Secretary for Ireland may, if no such officer 
 is appointed, be exercised by the Lord Lieutenant until other 
 provision is made by Act of the Irish Legislature. 
 
 (4.) The Legislature of Ireland shall not pass any Act relat- 
 ing to the office or functions of the Lord Lieutenant of Ireland. 
 
 Judges and Civil Servants. 
 
 27. A Judge of the Supreme Court of Judicature or other judges to be 
 superior Court of Ireland, or of any county court or other court onT y on ble 
 with a like jurisdiction in Ireland, appointed after the passing address, 
 of this Act, shall not be removed from his office except in pur- 
 suance of an address to Her Majesty from both orders of the 
 Legislative Body voting separately, nor shall his salary be 
 diminished or right to pension altered during his continuance in 
 office. 
 
 28. (1.) All persons who at the passing of this Act are Provision as 
 judges of the Supreme Court of Judicature or county court a d u 1 ,|' e s r 
 judges, or hold any other judicial position in Ireland, shall, if persons 
 they are removable at present on address to Her Majesty of S aUriL 
 both Houses of Parliament, continue to be removable only upon chafed on 
 such address from both Houses of the Imperial Parliament, and iidated 
 if removable in any other manner shall continue to be removable Fund - 
 in like manner as heretofore ; and such persons, and also 
 all persons at the passing of this Act in the permanent civil 
 service of the Crown in Ireland whose salaries are charged on 
 the Consolidated Fund of the United Kingdom, shall continue 
 to hold office and to be entitled to the same salaries, pensions, 
 and superannuation allowances as heretofore, and to be liable to 
 perform the same or analogous duties as heretofore ; and the 
 salaries of such persons shall be paid out of the moneys carried to 
 the customs and excise account under this Act, or if these moneys 
 are insufficient, out of the Irish Consolidated Fund, and if the 
 same are not so paid, shall continue charged on the Consolidated 
 Fund of the United Kingdom. 
 
 (2.) If any of the said persons retires from office with the appro- 
 bation of Her Majesty before he has completed the period of service 
 entitling him to a pension, it shall be lawful for Her Majesty, if 
 she thinks fit, to grant to that person such pension, not exceeding 
 the pension to which he would have been entitled if he had com- 
 pleted the said period of service, as to Her Majesty seems mett.
 
 76 The Government of Ireland Bill. [PART II. 
 
 A.D. 1886. 29. (1). All persons not above provided for and at the pass- 
 As to per- i n g f ttd 8 -A- c t serving in Ireland in the permanent civil service 
 son.s holding of the Crown shall continue to hold their offices and receive the 
 appoint? 106 same salaries, and to he entitled to the same gratuities and 
 ments. superannuation allowances as heretofore, and shall he liable to 
 perform the same duties as heretofore or duties of similar rank, 
 but any of such persons shall be entitled at the expiration of two 
 years after the passing of this Act to retire from office, and at 
 any time if required by the Irish Government shall retire from 
 office, and on any such retirement shall be entitled to receive 
 such payment as the Treasury may award to him in accordance 
 with the provisions contained in the Fourth Schedule to this 
 Act. 
 
 (2.) The amount of such payment shall be paid to him out of 
 the moneys carried to the customs and excise account under this 
 Act, or, if those moneys are insufficient, out of the Irish Con- 
 solidated Fund, and so far as the same are not so paid shall le 
 paid out of moneys provided ly Parliament. 
 
 34 8^35 Viet. (3.) The Pensions Commutation Act, 1871, shall apply to all 
 persons who, having retired from office, are entitled to any 
 annual payment under this section, in like manner as if they had 
 retired in consequence of the abolition of their offices. 
 
 (4.) This section shall not apply to persons who are retained 
 in the service of the Imperial Government. 
 
 foVeilistin ^' Where before the passing of this Act any pension or 
 pensions superannuation allowance has been granted to any person on 
 anmiat?on~ accoun t ^ service as a judge of the Supreme Court of Judi- 
 aiiowances! cature of Ireland or of any court consolidated into that court, 
 or as a county court judge, or in any other judicial position, 
 or on account of service in the permanent civil service of the 
 Crown in Ireland otherwise than in some office the holder of 
 which is, after the passing of this Act, retained in the service 
 of the Imperial Government, such pension or allowance, whether 
 payable out of the Consolidated Fund or out of moneys provided 
 by Parliament, shall continue to be paid to such person, and 
 shall be so paid out of the moneys carried to the customs and 
 excise account under this Act, or, if such moneys are insufficient, 
 out of the Irish Consolidated Fund, and so far as the same is not 
 so paid, shall be paid as heretofore out of the Consolidated Fund 
 of the United Kingdom or moneys provided by Parliament. 
 
 Transitory Provisions. 
 
 Transitory 31. The provisions contained in the Fifth Schedule to this 
 
 in "schedule. ^ ct relating to the mode in which arrangements are to be made 
 
 for setting in motion the Irish Legislative Body and Government 
 
 and for the transfer to the Irish Government of the powers and
 
 PART II.] The Government of Ireland Bill. 77 
 
 duties to be transferred to them under this Act, or for otherwise A.D. 1886. 
 bringing this Act into operation, shall be of the same effect as if 
 they were enacted in the body of this Act. 
 
 Miscellaneous. 
 
 32. Whenever an Act of the Legislature of Ireland has Post office 
 provided for carrying on the postal and telegraphic service with b^if*"* 8 
 respect to the transmission of letters and telegrams in Ireland, 
 
 and the post office and other savings banks in Ireland, and for 
 protecting the officers then in such service, and the existing 
 depositors in such post office savings banks, the Treasury shall 
 make arrangements for the transfer of the said service and banks, 
 in accordance with the said Act, and shall give public notice of 
 the transfer, and shall pay all depositors in such post office 
 savings banks who request payment within six months after the 
 date fixed for such transfer, and after the expiration of such six 
 months the said depositors 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 Consolidated 
 Fund of Ireland, and the Treasury shall cause to be transferred 
 in accordance with the said Act the securities representing the 
 suras due to the said depositors in post office savings banks and 
 the securities held for other savings banks. 
 
 33. Save as otherwise provided by the Irish Legislature, Audit. 
 
 (a.) The existing law relating to the Exchequer and the 
 Consolidated Fund of the United Kingdom shall apply to 
 the Irish Exchequer and Consolidated Fund, and an officer 
 shall from time to time be appointed by the Lord Lieu- 
 tenant to fill the office of the Comptroller General of the 
 receipt and issue of Her Majesty's Exchequer and Auditor 
 General of public accounts so far as respects Ireland ; and 
 
 (i.) 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 a9&3oVict. 
 tinder the direction of the holder of such office. 
 
 34. (1.) The privileges, immunities, and powers to be held, Application 
 enjoyed, and exercised by the Irish Legislative Body, and the mentary" 
 members thereof, shall be such as are from time to time defined law> 
 by Act of the Irish Legislature, but so that the same shall never 
 exceed those at the passing of this Act held, enjoyed, and 
 exercised by the House of Commons, and by the members 
 thereof. 
 
 (2.) Subject as in this Act mentioned, all existing laws and
 
 78 The Government of Ireland Bill, [PART II. 
 
 A.D. 1886 customs relating to the members of the House of Commons and 
 their election, including the enactments respecting the ques- 
 tioning of elections, corrupt and illegal practices, and registration 
 of electors, shall, so far as applicable, extend to elective members 
 of the first order and to members of the second order of the Irish 
 Legislative Body. 
 
 Provided that 
 
 (a.} The law relating to the offices of profit enumerated in 
 Schedule H. to the Representation of the People Act, 1867, 
 shall apply to such offices of profit in the government of 
 Ireland not exceeding ten, as the Legislature of Ireland 
 may from time to time direct ; 
 
 (b.} After the first dissolution of the Legislative Body, the 
 Legislature of Ireland may, subject to the restrictions in, 
 this Act mentioned, alter the laws and customs in thia 
 section mentioned. 
 
 Regulations 35. M.) The Lord Lieutenant of Ireland may make regula- 
 tor carrying ,. n ^ ,-, t n 
 Act into tions for the following purposes : 
 
 (a.) The summoning of the Legislative Body and the election 
 of a speaker, and such adaptation to the proceedings of the 
 Legislative Body of the procedure of the House of Commons 
 as appears to him expedient for facilitating the conduct of 
 business by that body on their first meeting ; 
 
 (I.) The adaptation of any law relating to the election of 
 representative peers ; 
 
 (c.) The adaptation of any laws and customs relating to the 
 House of Commons or the members thereof to the elective 
 members of the first order and to members of the second 
 order of the Legislative Body ; and 
 
 (d.} The mode of signifying their assent or election under this 
 Act by representative peers or Irish members of the House 
 of Commons as regards becoming members of the Irish 
 Legislative Body in pursuance of this Act. 
 
 (2.) Any regulations so made shall, in so far as they concern 
 the procedure of the Legislative Body, be subject to altera- 
 tion by Standing Orders of that Body, and so far as they 
 concern other matters, be subject to alteration by the Legis- 
 lature of Ireland, but shall, until alteration, have the same 
 effect as if they were inserted in this Act. 
 
 Saving of 36. Save as in this Act provided with respect to matters to be 
 
 blouse of decided by Her Majesty in Council, nothing in this Act shall 
 
 Lords. affect the appellate jurisdiction of the House of Lords in respect 
 
 of actions and suits in Ireland, or the jurisdiction of the House 
 
 of Lords to determine the claims to Irish peerages.
 
 PART II.] The Government of Ireland Bill. 79 
 
 87. Save as herein expressly provided all matters in relation A.D. 1886. 
 to which it is not competent for the Irish Legislative Body to savinTrf 
 make or repeal laws shall remain and be within the exclusive rights of 
 authority of the Imperial Parliament save as aforesaid, whose Parha 
 power and authority in relation thereto shall in nowise be 
 diminished or restrained by anything herein contained. 
 
 38. (1.) Except as otherwise provided by this Act, all exist- Continu- 
 ing laws in force in Ireland, and all existing courts of civil and existing 
 criminal -jurisdiction, and all existing legal commissions, powers, laws.courts, 
 
 ., J ... j ii - j . j- ! j ' \ , . ' officers, &c. 
 
 and authorities, and all existing officers, judicial, administrative, 
 and ministerial and all existing taxes, licence, and other duties, 
 fees and other receipts in Ireland shall continue as if this Act 
 had not been passed ; subject, nevertheless, to be repealed, 
 abolished, or altered in manner and to the extent provided by 
 this Act ; provided that, subject to the provisions of this Act, 
 such taxes, duties, fees, and other receipts shall, after the ap- 
 pointed day, form part of the public revenues of Ireland. 
 
 (2.) The Commissioners of Inland Revenue and the Com- 
 missioners of Customs, and the officers of such Commissioners 
 respectively, shall have the same powers in relation to any 
 articlesjsubject to any duty of excise or customs, manufactured, 
 imported, kept for sale, or sold, and any premises where the 
 same may be, and to any machinery, apparatus, vessels, utensils, 
 or conveyance used in connexion therewith, or the removal 
 thereof, and in relation to the person manufacturing, importing, 
 keeping for sale, selling, or having the custody or possession of 
 the same as they would have had if this Act had not been 
 passed. 
 
 39. (1.) On and after the appointed day this Act shall not, Mode of 
 except such provisions thereof as are declared to be alterable by o/Act! ' 
 the Legislature of Ireland, be altered except 
 
 (a.) by Act of the Imperial Parliament and with the consent 
 of the Irish Legislative Body testified by an address to 
 Her Majesty, or 
 
 (5.) by an Act of the Imperial Parliament, for the passing of 
 which there shall be summoned to the House of Lords 
 the peerage members of the first order of the Irish 
 Legislative Body, and if there are no such members 
 then twenty-eight Irish representative peers elected 
 by the Irish peers in manner heretofore in use, subject 
 to adaptation as provided by this Act ; and there shall 
 be summoned to the House of Commons such one of 
 the members of each constituency, or in the case of a 
 constituency returning four members such two of 
 those members, as the Legislative Body of Ireland
 
 80 The Government of Ireland Bill. [PART II. 
 
 A.D. 1886. may select, and such peers and members shall respec- 
 
 tively be deemed, for the purpose of passing any such 
 Act, to be members of the said Houses of Parliament 
 respectively. 
 
 (2.) For the purposes of this section it shall be lawful for 
 Her Majesty by Order in Council to make such provisions for 
 summoning the said peers of Ireland to the House of Lords and 
 the said members from Ireland to the House of Commons as to 
 Her Majesty may seem necessary or proper, and any provisions 
 contained in such Order in Council shall have the same effect as 
 if they had been enacted by Parliament. 
 
 Definitions. 40. In this Act 
 
 The expression "the appointed day" shall mean such day 
 after the thirty-first day of March in the year one thousand eight 
 hundred and eighty -seven as may be determined by order of Her 
 Majesty in Council. 
 
 The expression " Lord Lieutenant" includes the lords justices 
 or any other chief governor or governors of Ireland for the time 
 being. 
 
 The expression "Her Majesty the Queen," or "Her Majesty," 
 or " the Queen," includes the heirs and successors of Her Majesty 
 the Queen. 
 
 The expression " Treasury" means the Commissioners of Her 
 Majesty's Treasury. 
 
 The expression " Treaty" includes any convention or arrange- 
 ment. 
 
 The expression "'existing" means existing at the passing of 
 this Act. 
 
 The expression " existing constituency" means any county or 
 borough, or division of a county or borough, or a University, 
 returning at the passing of this Act a member or members to 
 serve in Parliament. 
 
 The expression "duties of excise" does not include a duty 
 received in respect of any license whether for the sale of intoxi- 
 cating liquors or otherwise. 
 
 The expression "financial year" means the twelve months 
 ending on the thirty-first day of March. 
 
 short title 41. This Act may be cited for all purposes as the Irish Govern- 
 ofAct - ment Act, 1886.
 
 PART II.] The Government of Ireland Bill. 
 
 81 
 
 FIRST SCHEDULE. 
 FIRST OHDKR OF THE IRISH LEGISLATIVE Bony. 
 
 A. D. 1886. 
 
 Electoral Districts. 
 
 Number of Members. 
 
 Rotation. 
 
 
 
 
 SECOND SCHEDULE. 
 
 PROVISIONS RELATING TO THE FIRST ORDER OF THE IRISH LEGIS- 
 LATIVE BODY. 
 
 THIRD SCHEDULE. 
 
 BOUNDARIES OF DIVISIONS OF THK CITY OF CORK FOR THE PUR- 
 POSE OF RETURNING MEMBERS TO THE SECOND ORDER OF THE 
 
 BODY. 
 
 FOURTH SCHEDULE. 
 PROVISIONS AS TO SUPERANNUATION ALLOWANCES OK PERSONS IN 
 
 l!IK PERMANENT ClVIL SERVICK 
 
 FIFTH SCHEDULE. 
 TRANSITORY PROVISIONS.
 
 82 
 
 APPENDIX B. 
 
 LAND PURCHASE BILL, 1886. 
 
 [SECTIONS 25 to 28.] 
 
 Financial Arrangements. 
 A.D. 1886. 
 
 Appoint- 25. The Treasury shall from time to time appoint a Receiver 
 
 Receiver General of the public revenues of Ireland (in this Act referred 
 
 General of to as the Irish Receiver General), and such deputies or deputy 
 
 Ireland. o ac ^ un( j er j^ ^ anv p ar ^ or p ar t s O f Ireland as to the 
 
 Treasury seem necessary for the execution of this Act. Such 
 Receiver General and deputies shall hold office as persons serving 
 in an established capacity in the permanent civil service of the 
 State, and shall be subject generally to the directions of the 
 Treasury, and shall be paid out of moneys provided by the Imperial 
 Parliament such salaries as the Treasury from time to time assign. 
 
 Collection 26. All sums payable by tenants of holdings vested in them 
 and pay- i n pursuance of this Act, and all sums receivable by the State 
 land authority in pursuance of this Act, whether as capital or income, 
 revenue. f r0 m any estates which are vested in them or over which they 
 have any right, or from which they derive any profit (which 
 sums are in this Act referred to as land revenues), shall be col- 
 lected by such collectors as the Irish Government may from time 
 to time appoint for that purpose. 
 
 Taxes, &c., 27. (1.) There shall be paid to the Irish Receiver General 
 
 fiecdver* a ^ sums collected by a collector in respect of any tax, duty, or 
 
 General. impost imposed or levied by or under the direction of the Irish 
 
 Legislature for the public service in Ireland or collected by a 
 
 collector in respect of the land revenues under this Act, and all 
 
 sums other than those above mentioned and payable on account 
 
 or in respect of the public revenues of the Government of Ireland, 
 
 whatever collector or person is liable to pay the same. 
 
 (2.) There shall also be paid to the Irish Receiver General all 
 moneys directed by the Irish Government Act, 1886, to be carried 
 to the customs and excise account. 
 
 (3.) If default is made in payment to the Irish Receiver 
 General of any sum by this section required to be paid to him 
 by any person, the person who makes such default, and the
 
 Sale and Purchase of Land (Ireland] . 83 
 
 person who receives such sum, in respect of which such default A.D. 1886 
 
 is made, and every person, whether a member of a corporation 
 
 or not, who is privy to such default, shall forfeit double such 
 
 sura to Her Majesty, and the Irish Receiver General or one of 
 
 his deputies shall take proceedings to recover such sum, and the 
 
 sum when recovered shall be paid into the Consolidated Fund of 
 
 the United Kingdom. 
 
 (4.) If the Irish Receiver General under this Act or any of 
 his deputies is guilty of any malfeasance in his office, he shall 
 forfeit to Her Majesty all sums lost by such malfeasance, and 
 also such penal sum not exceeding jive hundred pounds, as the 
 Court in which the forfeiture is sued for may determine ; and 
 such forfeiture and penal sum may be recovered by action on 
 behalf of the Irish Government, and when recovered shall be 
 paid to the Irish Consolidated Fund. 
 
 (5.) Every action or legal proceeding by or against the Irish 
 Receiver General or any of his deputies or deputy shall, if either 
 of the parties thereto so desire, be heard and determined by the 
 Exchequer Division, or one of the judges thereof, and the pro- 
 visions of the Irish Government Act, 1886, with respect to legal 
 proceedings by or against the Commissioners of Customs in the 
 Exchequer Division, shall apply in like manner as if those pro- 
 visions were herein re-enacted, and in terms made applicable to 
 the Irish Receiver General, and such Exchequer Division shall 
 have for such purpose the same powers as at the pnssing of this 
 Act are vested in any Division of the High Court of Justice. 
 
 28. (1.) The Irish Receiver General shall apply all sums Application 
 received by him: %%& 
 
 First, in paying all sums payable out of the moneys carried Receiver 
 under the Irish Government Act, 1886, to the account General - 
 therein called the customs and excise account, and 
 
 Secondly, in paying all sums directed by this Act to be paid 
 out of the land revenues, or out of moneys coming to the 
 hands of such Receiver General. 
 
 (2.) The Receiver General shall pay all sums which are not, 
 or in his opinion are not likely to be, required for making the 
 above-mentioned payments to the Irish Consolidated Fund.
 
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