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Assuming, then, thus much to be proved by the Constitution of the United States that national unity of the closest description is consistent with complete Home Rule in the component members of the nation, and by the history of Canada and the British colonial empire that an Imperial tie is sufficient to bind together for centuries dependencies differing in situation, in nationality, in religion, in laws, in everything that distinguishes peoples one from another, and further and more particularly that emancipation of the Anglo-Saxon colonies from control in their internal affairs strengthens instead of weakening Imperial unity, let us turn to Ireland and inquire whether there is anything in the circumstances under which Home Rule was proposed to be granted to Ireland, or in the measures intended to establish that Home Rule, fairly leading to the inference that disruption of the Empire or an impairment of Imperial powers would probably be a consequence of passing the Irish Government Bill and the Irish Land Bill. And, first, as to the circumstances which would seem to recommend the Irish Home Rule Bill.

Ireland, from the very commencement of her connection with England, has chafed under the restraints which that connection imposed. The closer the apparent union between the two countries the greater the real disunion. The Act of 1800, in words and in law, effected not a union merely, but a consolidation of the two countries. The effect of those words and that law was to give rise to a restless discontent, which has constantly found expression in efforts to procure the repeal of the Act of Union and the reestablishment of a National Parliament in Dublin. How futile have been the efforts of the British Parliament to diminish by concession or repress by coercion Irish aspirations or Irish discontent it is unnecessary to discuss here. All men admit the facts, however different the conclusions which they draw from those facts. What Burke said of America on moving in 1775 his resolution on conciliation with the colonies was true in 1885 with respect to Ireland:–

“The fact is undoubted, that under former Parliaments the state of America [read for America, Ireland] has been kept in continual agitation. Everything administered as remedy to the public complaint, if it did not produce, was at least followed by an heightening of the distemper, until, by a variety of experiments, that important country has been brought into her present situation–a situation which I will not miscall, which I dare not name, which I scarcely know how to comprehend in the terms of any description.”[12]

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