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England's Case Against Home Rule

Chapter 46: FOOTNOTES
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The author presents a constitutional critique of proposals to create a more autonomous Irish legislature, arguing that any form of Home Rule would introduce dangerous alterations to the United Kingdom's constitution and would be disadvantageous to Great Britain. He surveys the basis of English support for Home Rule, assesses arguments drawn from foreign examples, Irish history, self-government, and coercion, and weighs the relative merits of maintaining the Union versus separation. Different models — federal arrangements, colonial-style autonomy, revivals of earlier Irish constitutions, and Gladstonian schemes — are analyzed for their practical and legal consequences. The work concludes that Home Rule poses constitutional risks and is unlikely to serve English interests.


Lord-Lieutenant.

Office of Lord-Lieutenant.

26.—(1.) Notwithstanding anything to the contrary contained in any Act of Parliament, every subject of Her Majesty shall be eligible to hold and enjoy the office of Lord-Lieutenant of Ireland, without reference to his religious belief.

(2.) The salary of the Lord-Lieutenant shall continue to be charged on the Consolidated Fund of the United Kingdom, and the expenses of his household and establishment shall continue to be defrayed out of moneys to be provided by Parliament.

(3.) All existing powers vested by Act of Parliament or otherwise 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 relating to the office or functions of the Lord-Lieutenant of Ireland.


Judges and Civil Servants.

Judges to be removable only on address.

27. A Judge of the Supreme Court of Judicature or other superior court of Ireland, or of any county court or other court with a like jurisdiction in Ireland, appointed after the passing of this Act, shall not be removed from his office except in pursuance of an address 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.

Provisions as to judges and other persons having salaries charged on the Consolidated Fund.

28.—(1.) All persons who at the passing of this Act are judges of the Supreme Court of Judicature or county court judges, or hold any other judicial position in Ireland, shall, if they are removable at present on address to Her Majesty of both Houses of Parliament, continue to be removable only upon such address from both Houses of the Imperial Parliament, and if removable in any other manner shall continue to be removable 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 these said persons retires from office with the approbation 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 completed the said period of service, as to Her Majesty seems meet.

As to persons holding civil service appointments.

29.—(1.) All persons not above provided for and at the passing of this Act serving in Ireland in the permanent civil service of the Crown shall continue to hold their offices and receive the same salaries, and to be entitled to the same gratuities and superannuation allowances as heretofore, and shall be 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 Consolidated Fund, and so far as the same are not so paid shall be paid out of moneys provided by Parliament.

34 & 35 Vict. c. 36.

(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.

Provision for existing pensions and superannuation allowances.

30. Where before the passing of this Act any pension or superannuation allowance has been granted to any person on account of service as a judge of the Supreme Court of Judicature 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 provisions in schedule.

31. The provisions contained in the Fifth Schedule to this Act 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 duties to be transferred to them under this Act, or for otherwise bringing this Act into operation, shall be of the same effect as if they were enacted in the body of this Act.


Miscellaneous.

Post Office and savings banks.

32. Whenever an Act of the Legislature of Ireland has provided for carrying on the postal and telegraphic service with 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 bank 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 sums due to the said depositors in post office savings banks and the securities held for other savings banks.

Audit.

33. Save as otherwise provided by the Irish Legislature,—

Application of parliamentary law.

34.—(1.) The privileges, immunities, and powers to be held, enjoyed, and exercised by the Irish Legislative Body, and the members thereof, shall be such as are from time to time defined 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 customs relating to the members of the House of Commons and their election, including the enactments respecting the questioning 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 this section mentioned.

Regulations for carrying Act into effect.

35.—(1.) The Lord-Lieutenant of Ireland may make regulations 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;

(b.) 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 alteration by Standing Orders of that Body, and so far as they concern other matters, be subject to alteration by the Legislature of Ireland, but shall, until alteration, have the same effect as if they were inserted in this Act.

Saving of powers of House of Lords.

36. Save as is in this Act provided with respect to matters to be decided by Her Majesty in Council, nothing in this Act shall 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.

Saving of rights of Parliament.

37. Save as herein 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 relation thereto, save as aforesaid, shall in nowise be diminished or restrained by anything herein contained.[75]

Continuance of existing laws, courts, officers, &c.

38.—(1.) Except as otherwise provided by this Act, all existing laws in force in Ireland, and all existing courts of civil and criminal jurisdiction, and all existing legal commissions, powers, 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 appointed day, form part of the public revenues of Ireland.

(2.) The Commissioners of Inland Revenue and the Commissioners of Customs, and the officers of such Commissioners respectively, shall have the same powers in relation to any articles subject 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.

Mode of alteration of Act.

39.—(1.) On and after the appointed day this Act shall not, except such provisions thereof as are declared to be alterable by 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

(b.) 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 may select, and such peers and members shall respectively 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 arrangement.

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 intoxicating liquors or otherwise.

The expression "financial year" means the twelve months ending on the thirty-first day of March.

Short title of Act.

41. This Act may be cited for all purposes as the Irish Government Act, 1886.




FIRST SCHEDULE.


FIRST ORDER OF THE IRISH LEGISLATIVE BODY.
Electoral Districts.Number of Members.Rotation.














SECOND SCHEDULE.


PROVISIONS RELATING TO THE FIRST ORDER OF THE IRISH LEGISLATIVE BODY.


THIRD SCHEDULE.


BOUNDARIES OF DIVISIONS OF THE CITY OF CORK FOR THE PURPOSE OF RETURNING MEMBERS TO THE SECOND ORDER OF THE LEGISLATIVE BODY.


FOURTH SCHEDULE.


PROVISIONS AS TO SUPERANNUATION ALLOWANCES OF PERSONS IN THE PERMANENT CIVIL SERVICE.


FIFTH SCHEDULE.


TRANSITORY PROVISIONS.




FOOTNOTES

These are—

i. Home Rule as Federalism.

ii. Home Rule as Colonial Independence.

iii. Home Rule as the Restoration of Grattan's Constitution.

iv. Home Rule under the Government of Ireland Bill, or, to use a convenient name, under the Gladstonian constitution. Chap. vii.

See Dicey, Law of the Constitution (2nd ed.), p. 80.

De Beaumont's opinions on this point are perfectly clear: they represent the judgment of an extremely able thinker, who approaches the problems presented by Irish society with an impartiality which from the nature of things is unattainable by any Englishman or Irishman. His utterances will moreover command the more respect from the consideration that De Beaumont, belonging as he did to the school of his intimate friend De Tocqueville, was inclined rather to overrate than to underrate the virtues of self-government; whilst as a Frenchman he possessed a knowledge which cannot fall to any Englishman of the benefits conferred upon the people by a good administration of the French type. The following extracts from a chapter too long for complete citation, which is written to show that Ireland needs a centralised government, deserve the most careful attention. The whole chapter, and indeed the whole work to which it belongs, ought at the present moment to be familiar to every English Liberal:—

"Pour détruire le pouvoir politique de l'aristocratie, il faudrait lui ôter l'application quotidienne des lois, comme on l'a privée précédemment àdu pouvoir de les faire. Il faudrait, par conséquent, modifier profondément le système administratif et judiciaire qui repose sur l'institution des juges de paix et sur l'organisation des grands jurys, tels qu'ils sont constitués aujourd'hui. Et d'abord, pour exécuter cette réforme, il faudrait centraliser le pouvoir.


"Plus on considère l'état de l'Irlande, et plus il semble qu'à tout prendre un gouvernement central fortement constitué serait, du moins pour quelque temps, le meilleur que puisse avoir ce pays. Une aristocratie existe, qu'on veut réformer. Mais à qui remettre le pouvoir qu'on va retirer de ses mains? Aux classes moyennes?—Elles ne font que de naître en Irlande. L'avenir leur appartient; mats ne compromettront-elles pas cet avenir, si la charge de mener la société est confiée dès aujourd'hui à leurs mains inhabiles et à leurs ardentes passions?

"Telle est aujourd'hui en Irlande la situation des partis, que l'on ne peut obtenir quelque justice des pouvoirs politiques, si on les laisse à l'aristocratie protestante, et que l'on ne saurait guere en espérer davantage, si on les donne aussitôt à la classe moyenne catholique qui s'élève.

"Ce qu'il faudrait à l'Irlande, ce serait une administration supérieure aux partis, à l'ombre de laquelle les classes moyennes pussent grandir, se développer et s'instruire, pendant que l'aristocratie perdrait son pouvoir.


"Il n'entre, du reste, ni dans mon désir, ni dans mon plan, d'expliquer la forme et le mécanisme de la centralisation qui conviendrait à l'Irlande, et dont je me borne à reconnaître en principe l'utilité passagère pour ce pays; je ne hasarderai, sur ce sujet, qu'une seule idée pratique.

"C'est que, pour organiser en Irlande un gouvernement central puissant, il faudrait de plus en plus resserrer le lien d'union qui attache l'Irlande à l'Angleterre, rapprocher le plus possible Dublin de Londres, et faire de l'Irlande un comté anglais.


"On ne conteste point que l'Irlande ait besoin d'un gouvernement spécial; et s'il y a nécessité de la soumettre à un régime législatif autre que celui de l'Angleterre, il faut bien aussi des agents particuliers pour appliquer des règles différentes d'administration. Mais, ceci étant admis, l'on ne voit pas ce qui aujourd'hui empêcherait de placer le siége du gouvernement irlandais dans la première ville de l'empire britannique.


"La réforme de la vice-royauté et l'abolition des administrations locales d'Irlande ne sont, sans doute, que des changements de forme. Mais ce sont des moyens pratiques indispensables pour exécuter les réformes politiques dont ce pays a besoin. Il faut que, pendant la période de transition où se trouve l'Irlande, ceux qui la gouvernent soient placés absolument en dehors d'elle, de ses moeurs, de ses passions; il faut que son gouvernement cesse complétement d'être irlandais; il faut qu'il soit entièrement, non pas anglais, mais remis à des Anglais."—2 De Beaumont, l'Irlande, Sociale, Politique et Religieuse, pp. 124-129

For the constitution of Austria-Hungary see Ulbrich's Oesterreich-Ungarn in Marquardsen's Handbuch des Oeffentlichen Rechts; Francis Deák, with preface by M.E. Grant Duff; Home Rule in Austria-Hungary, by David King, in the Nineteenth Century, January 1886, p. 35.

Ulbrich, pp. 15, 76, 77.

See Marquardsen, 28-30.

This is, in my judgment, true even of such federations as the United States or the Swiss confederacy.

Froude's 'English in Ireland,' vol. 3, pp. 581, 582.

See especially on this subject 1 De Beaumont, 'L'Irlande,' Partie Historique, pp. 15-207.

"On ne saurait considérer attentivement l'Irlande, étudier son histoire et ses révolutions, observer ses moeurs et analyser ses lois, sans reconnaître que ses malheurs, auxquels ont concouru tant d'accidents funestes, ont eu et ont encore de nos jours, pour cause principale, une cause première, radicale, permanente; et qui domine toutes les autres; cette cause, c'est une mauvaise aristocratie." 1 De Beaumont, 'L'Irlande,' deuxième partie, p. 228. The only objection which may be fairly taken to De Beaumont's language, though not to his essential meaning, is, that the words he uses occasionally suggest the idea that he attributes some special vice of nature, so to speak, to the landed classes in Ireland, whilst there is, of course, no reason to suppose that the original Norman invaders of Ireland were a whit worse than the Normans they left behind them in England, or that the Cromwellian settlers did not possess the virtues which distinguished Puritan soldiers. What De Beaumont really means is that the aristocracy, or landed gentry, have been from first to last placed in a false position, which has led to their exhibiting the vices, with few of the virtues, of aristocratic government.

Compare 1 De Beaumont, 'L'Irlande Sociale,' &c., pp. 253-256.

See Dicey, 'Law of the Constitution' (Second Edition), pp. 181-210; and compare 1 De Beaumont, 'L'Irlande Sociale,' &c., pp. 253-299.

Cromwell's reputation as a statesman suffers even more than that of most great men from the indiscriminating eulogy of admirers. The merit of his Irish policy was not his severity to Catholics, but his equity to Protestants. If he did not acknowledge the equality of man, he at any rate acknowledged what English statesmanship before and after his time refused to admit—the equality of Englishmen, at least when Protestants. His policy handed down to us a legacy of justifiable hatred on the part of Irish Catholics. But it is the fault not of the Protector, but of his successors, that his policy did not ensure to England the loyalty of every Protestant in Ireland.

The penal laws against the Catholics in England were as severe as those in Ireland. Their practical effect and working was however very different in the two countries. See 1 Lecky,'History of England,' pp. 268-310.

See Walpole, 'Short History of the Kingdom of Ireland,' p. 176.

See a speech of Lord Clare made in defence of the Bill for Establishing the Union with England, and republished by the Irish Loyal and Patriotic Union.

1 De Beaumont, 'L'Irlande Sociale,' p. 251. It is of primary consequence that Englishmen should realise the undoubted fact, that agrarian conspiracies and agrarian outrages, such as those which baffle the English Government in Ireland, are known to foreign countries. For centuries the question of tenant-right, in a form very like that in which it arises in Ireland, has been known in the parts of France near Saint-Quentin under the name of the droit de marché. In France, as in Ireland, tenants have claimed a right unknown to the law, and have enforced the right by outrage, by boycotting, by murder. The Dépointeur is the land grabber, and is treated by French peasants precisely as the Irish land grabber is treated by Irish peasants. See Calonne, 'La Vie Agricole, sous l'Ancien Régime,' pp. 66-69. Precisely the same phenomena have appeared in parts of Belgium, where for centuries there has been, in respect of land, the conflict to which we are accustomed in Ireland, between the law of the Courts and the law of the people. "From the commencement of the year 1836 to the end of 1842 there had been" [in consequence of this conflict] "forty-three acts of incendiarism, eleven assassinations, and seven agrarian outrages entailing capital punishment," all within a limited part of Belgium. See Parliamentary Reports on Tenure of Land in Countries of Europe, 1869, p. 118-123. In Belgium decisive measures of punishment at last put an end to agrarian outrages. What should be specially noted is that in France and Belgium crimes in character exactly resembling the agrarian outrages which take place in Ireland had, it is admitted, no connection whatever with national, or even it would seem with general political feeling.

See 1 De Beaumont, 'L'Irlande Sociale,' &c., p. 251.

2 De Beaumont, 'L'Irlande Sociale, Politique et Religeuse.' Septième édition, pp. 135 and 137.

A Home Ruler may in this matter take up one position which is consistent. He may say that England can allow to be carried out through the agency of an Irish Parliament a policy which no English Parliament could itself adopt. To put the matter plainly, an English Parliament which cannot for very shame rob Irish landlords of their property may, it is suggested, create an Irish Parliament with authority to rob them. This position is consistent, but it is disgraceful. To ascribe it to a fair opponent would be gross controversial unfairness.

A reader who wishes to see the American view put in its best and strongest form should read Mr. E.L. Godkin's article on "American Home Rule," Nineteenth Century, June, 1886, p. 793. I entirely disagree with the general conclusion to which the article is intended to lead, but I am anxious to acknowledge the importance of the information and the arguments which it contains.

See pp. 87-89, ante.

See 'American Home Rule,' Nineteenth Century, June, 1886, pp. 793, 803, 804.

Nineteenth Century, June, 1886, p. 801.

Contrast the Coercion Acts of 1881 and 1882 respectively. For list of Coercion Acts see "Federal Union with Ireland," by R.B. O'Brian, Nineteenth Century, No. 107, p. 35.

In England the Courts can change the venue for the trial of a criminal. In Scotland the Lord Advocate can always (I am told) bring any case he chooses to trial before the High Court of Justiciary in Edinburgh, and the same thing could be done by the Court on the application of the prisoner. In Scotland, again, any Sheriff or Chief Magistrate of a Burgh could prohibit a meeting, however lawful, which he thought likely to endanger the peace. The provisions of the last Irish Coercion Act, Prevention of Crime (Ireland) Act, 1882, 45 & 46 Vict. c. 25, s. 16, giving power to a magistrate where an offence had been committed to summon and examine witnesses, even though no person is charged with the offence, formed, I believe, part of the draft criminal code for England.

See for an admirable statement of this argument, "Alternative Policies in Ireland," in the Nineteenth Century for February, 1886.

See 'Economic Value of Ireland to Great Britain,' by Robert Giffen, The Nineteenth Century, March, 1886, p. 229.

Compare Mr. Gladstone's speech of 8th April, 1886, 'The Times Parliamentary Debates,' pp. 130, 131; and Mr. Gladstone's speech of 13th April, ibid., pp. 255, 256.

Compare ibid., pp. 130, 132.

Compare the following expressions in Mr. Gladstone's speeches:—"The essential conditions of any plan that Parliament can be asked or could be expected to entertain are, in my opinion, these:—The unity of the Empire must not be placed in jeopardy; the safety and welfare of the whole—if there is an unfortunate conflict, which I do not believe—the welfare and security of the whole must be preferred to the security and advantage of the part. The political equality of the three countries must be maintained. They stand by statute on a footing of absolute equality, and that footing ought not to be altered or brought into question. There should be what I will at present term an equitable distribution of Imperial burdens. Next I introduce a provision which may seem to be exceptional, but which in the peculiar circumstances of Ireland, whose history unhappily has been one long chain of internal controversies as well as of difficulties external, is necessary in order that there may be reasonable safeguards for the minority. I am asked why there should be safeguards for the minority.


"I have spoken now of the essential conditions of a good plan for Ireland, and I add only this—that in order to be a good plan it must be a plan promising to be a real settlement of Ireland. (Speech of Mr. Gladstone, 8th April, 1886, 'The Times Parliamentary Debates,' pp. 130, 131.)

"I laid down, I say, five essential conditions, from which it appeared to me we could under no circumstances depart. These were the essential conditions under which in our opinion the granting of a domestic Legislature to Ireland would be justifiable and wise—first, that it must be consistent with Imperial unity; secondly, that it must be founded upon the political equality of the three nations; thirdly, that there must be an equitable distribution of Imperial burdens; fourthly, that there should be safeguards for the minority; and, fifthly, that it should be in the nature of a settlement, and not of a mere provocation to the revival of fresh demands, which, according to the right hon. gentleman, exceeded all reasonable expectation and calculation." (Speech of Mr. Gladstone, 13th April, 1886, 'The Times Parliamentary Debates,' p. 256.) Let it be observed that when Mr. Gladstone speaks of the unity of the Empire he means the sovereignty of Parliament, for in the same speech from which these extracts are taken he says, "The unity of the Empire rests upon the supremacy of Parliament and on considerations much higher than considerations merely fiscal." ('The Times Parliamentary Debates,' p. 132.)

Dicey, 'Law of the Constitution,' lecture iv. Parliamentary Sovereignty and Federalism.

A singular instance of the attempt to dissolve a country into States deserves notice. In 1852 a constitution was devised for New Zealand, under which the country was to be governed by a central legislature and subordinate provincial governments and councils. This artificial federation was of short duration; the provincial governments were in 1875 abolished by an Act of the General Assembly.—Todd, 'Parliamentary Government,' pp. 320-322.

See Dicey, 'Law of the Constitution,' 2nd ed., pp. 35-79.

Contemporary Review, vol. xii., p. 908.