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A Leap in the Dark - A Criticism of the Principles of Home Rule as Illustrated by the - Bill of 1893
by A.V. Dicey
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(4) If before the date of the transfer the trustees of any trustee savings bank so request, then, according to the request, either all sums due to them shall be repaid and the savings bank closed, or those sums shall be paid to the Irish Government, and after the said date the trustees shall cease to have any claim against the National Debt Commissioners or the Consolidated Fund of the United Kingdom, but shall have the like claim against the Government and Consolidated Fund of Ireland.

(5) Notwithstanding the foregoing provisions of this section, if a sum due on account of any annuity or policy of insurance which has before the above-mentioned notice been granted through a post office or trustee savings bank is not paid by the Irish Government, that sum shall be paid out of the Exchequer of the United Kingdom.

Irish Appeals and Decision of Constitutional Questions

22.—(1) The appeal from courts in Ireland to the House of Lords shall cease; and where any person would, but for this Act, have a right to appeal from any court in Ireland to the House of Lords, such person shall have the like right to appeal to Her Majesty the Queen in Council; and the right so to appeal shall not be affected by any Irish Act; and all enactments relating to appeals to Her Majesty the Queen in Council, and to the Judicial Committee of the Privy Council, shall apply accordingly.

(2) When the Judicial Committee sit for hearing appeals from a court in Ireland, there shall be present not less than four Lords of Appeal, within the meaning of the Appellate Jurisdiction Act, 1876, and at least one member who is or has been a judge of the Supreme Court in Ireland.

(3) A rota of privy councillors to sit for hearing appeals from courts in Ireland shall be made annually by Her Majesty in Council, and the privy councillors, or some of them, on that rota shall sit to hear the said appeals. A casual vacancy in such rota during the year may be filled by Order in Council.

(4) Nothing in this Act shall affect the jurisdiction of the House of Lords to determine the claims to Irish peerages.

23.—(1) If it appears to the Lord Lieutenant or a Secretary of State expedient in the public interest that steps shall be taken for the speedy determination of the question whether any Irish Act or any provision thereof is beyond the powers of the Irish Legislature, he may represent the same to Her Majesty in Council, and thereupon the said question shall be forthwith referred to and heard and determined by the Judicial Committee of the Privy Council, constituted as if hearing an appeal from a court in Ireland.

(2) Upon the hearing of the question such persons as seem to the Judicial Committee to be interested may be allowed to appear and be heard as parties to the case, and the decision of the Judicial Committee shall be given in like manner as if it were the decision of an appeal, the nature of the report or recommendation to Her Majesty being stated in open court.

(3) Nothing in this Act shall prejudice any other power of Her Majesty in Council to refer any question to the Judicial Committee or the right of any person to petition Her Majesty for such reference.

Lord Lieutenant and Crown Lands

24.—(1) Notwithstanding anything to the contrary in any Act, every subject of the Queen shall be qualified to hold the office of Lord Lieutenant of Ireland, without reference to his religious belief.

(2) The term of office of the Lord Lieutenant shall be six years, without prejudice to the power of Her Majesty the Queen at any time to revoke the appointment. 25. Her Majesty the Queen in Council may place under the control of the Irish Government, for the purposes of that government, such of the lands and buildings in Ireland vested in or held in trust for Her Majesty, and subject to such conditions or restrictions (if any) as may seem expedient.

Judges and Civil Servants

26. A judge of the Supreme Court or other superior court in Ireland, or of any county court or other court with a like jurisdiction in Ireland, appointed after the passing of this Act, shall not be removed from his office except in pursuance of an address from the two Houses of the Legislature of Ireland, nor during his continuance in office shall his salary be diminished or right to pension altered without his consent.

27.—(1) All existing judges of the Supreme Court, county court judges, and Land Commissioners in Ireland and all existing officers serving in Ireland in the permanent civil service of the Crown and receiving salaries charged on the Consolidated Fund of the United Kingdom, shall, if they are removeable at present on address from both Houses of Parliament, continue to be removeable only upon such address, and if removeable in any other manner shall continue to be removeable only in the same manner as heretofore; and shall continue to receive the same salaries, gratuities, and pensions, and to be liable to perform the same duties as heretofore, or such duties as Her Majesty may declare to be analogous, and their salaries and pensions, if and so far as not paid out of the Irish Consolidated Fund, shall be paid out of the Exchequer of the United Kingdom: Provided that this section shall be subject to the provisions of this Act with respect to the Exchequer judges.

(2) If any of the said judges, commissioners, or officers retires from office with the Queen's approbation before completion of the period of service entitling him to a pension, Her Majesty may, if she thinks fit, grant to him such pension, not exceeding the pension to which he would on that completion have been entitled, as to Her Majesty seems meet.

28.—(1) All existing officers in the permanent civil service of the Crown, who are not above provided for, and are at the appointed day serving in Ireland, shall after that day continue to hold their offices by the same tenure and to receive the same salaries, gratuities, and pensions, and to be liable to perform the same duties as heretofore or such duties as the Treasury may declare to be analogous; and the said gratuities and pensions, and until three years after the passing of this Act, the salaries due to any of the said officers if remaining in his existing office, shall be paid to the payees by the Treasury out of the Exchequer of the United Kingdom.

(2) Any such officer may after three years from the passing of this Act retire from office, and shall, at any time during those three years, if required by the Irish Government, retire from office, and on any such retirement may be awarded by the Treasury a gratuity or pension in accordance with the Fifth Schedule to this Act; Provided that—

(a) six months' written notice shall, unless it is otherwise agreed, be given either by the said officer or by the Irish Government as the case requires; and

(b) such number of officers only shall retire at one time and at such intervals of time as the Treasury, in communication with the Irish Government, sanction.

(3) If any such officer does not so retire, the Treasury may award him after the said three years a pension in accordance with the Fifth Schedule to this Act which shall become payable to him on his ultimate retirement from the service of the Crown.

(4) The gratuities and pensions awarded in accordance with the Fifth Schedule to this Act shall be paid by the Treasury to the payees out of the Exchequer of the United Kingdom.

(5) All sums paid out of the Exchequer of the United Kingdom in pursuance of this section shall be repaid to that Exchequer from the Irish Exchequer.

(6) This section shall not apply to officers retained in the service of the Government of the United Kingdom.

29. Any existing pension granted on account of service in Ireland as a judge of the Supreme Court or of any court consolidated into that court, or as a county court judge, or in any other judicial position, or as an officer in the permanent civil service of the Crown other than in an office the holder of which is after the appointed day retained in the service of the Government of the United Kingdom, shall be charged on the Irish Consolidated Fund, and if and so far as not paid out of that fund, shall be paid out of the Exchequer of the United Kingdom.

Police

30.—(1) The forces of the Royal Irish Constabulary and Dublin Metropolitan Police shall, when and as local police forces are from time to time established in Ireland in accordance with the Sixth Schedule to this Act, be gradually reduced and ultimately cease to exist as mentioned in that Schedule; and after the passing of this Act, no officer or man shall be appointed to either of those forces;

Provided that until the expiration of six years from the appointed day, nothing in this Act shall require the Lord Lieutenant to cause either of the said forces to cease to exist, if as representing Her Majesty the Queen he considers it inexpedient.

(2) The said two forces shall, while they continue, be subject to the control of the Lord Lieutenant as representing Her Majesty, and the members thereof shall continue to receive the same salaries, gratuities, and pensions, and hold their appointments on the same tenure as heretofore, and those salaries, gratuities, and pensions, and all the expenditure incidental to either force, shall be paid out of the Exchequer of the United Kingdom.

(3) When any existing member of either force retires under the provisions of the Sixth Schedule to this Act, the Treasury may award to him a gratuity or pension in accordance with that Schedule.

(4) Those gratuities and pensions and all existing pensions payable in respect of service in either force, shall be paid by the Treasury to the payees out of the Exchequer of the United Kingdom.

(5) Two-thirds of the net amount payable in pursuance of this section out of the Exchequer of the United Kingdom shall be repaid to that Exchequer from the Irish Exchequer.

Miscellaneous

31. Save as may be otherwise provided by Irish Act—

(a) The existing law relating to the Exchequer and Consolidated Fund of the United Kingdom shall apply with the necessary modifications to the Exchequer and Consolidated Fund of Ireland, and an officer shall be appointed by the Lord Lieutenant to be the Irish Comptroller and Auditor General; and

(b) The accounts of the Irish Consolidated Fund shall be audited as appropriation accounts in manner provided by the Exchequer and Audit Departments Act, 1866, by or under the direction of such officer.

32.—(1) Subject as in this Act mentioned and particularly to the Seventh Schedule to this Act (which Schedule shall have full effect) all existing election laws relating to the House of Commons and the members thereof shall, so far as applicable, extend to each of the two Houses of the Irish Legislature and the members thereof, but such election laws so far as hereby extended may be altered by Irish Act.

(2) The privileges, rights, and immunities to be held and enjoyed by each House and the members thereof shall be such as may be defined by Irish Act, but so that the same shall never exceed those for the time being held and enjoyed by the House of Commons, and the members thereof.

33.—(i) The Irish Legislature may repeal or alter any provision of this Act which is by this Act expressly made alterable by that Legislature, and also any enactments in force in Ireland, except such as either relate to matters beyond the powers of the Irish Legislature, or being enacted by Parliament after the passing of this Act may be expressly extended to Ireland. An Irish Act, notwithstanding it is in any respect repugnant to any enactment excepted as aforesaid, shall, though read subject to that enactment, be, except to the extent of that repugnancy, valid.

(2) An order, rule, or regulation, made in pursuance of, or having the force of, an Act of Parliament, shall be deemed to be an enactment within the meaning of this section.

(3) Nothing in this Act shall affect Bills relating to the divorce or marriage of individuals, and any such Bill shall be introduced and proceed in Parliament in like manner as if this Act had not passed.

34. The local authority for any county or borough or other area shall not borrow money without either—

(a) special authority from the Irish Legislature, or

(b) the sanction of the proper department of the Irish Government:

and shall not, without such special authority, borrow;

(i) in the case of a municipal borough or town or area less than a county, any loan which together with the then outstanding debt of the local authority, will exceed twice the annual rateable value of the property in the municipal borough, town, or area; or

(ii) in the case of a country or larger area, any loan which together with the then outstanding debt of the local authority, will exceed one-tenth of the annual rateable value of the property in the county or area; or

(iii) in any case a loan exceeding one-half of the above limits without a local inquiry held in the county, borough, or area by a person appointed for the purpose by the said department.

Transitory Provisions

35.—(1) During three years from the passing of this Act, and if Parliament is then sitting until the end of that session of Parliament, the Irish Legislature shall not pass an Act respecting the relations of landlord and tenant, or the sale, purchase, or letting of land generally: Provided that nothing in this section shall prevent the passing of any Irish Act with a view to the purchase of land for railways, harbours, waterworks, town improvements, or other local undertakings.

(2) During six years from the passing of this Act, the appointment of a judge of the Supreme Court or other superior courts in Ireland (other than one of the Exchequer judges) shall be made in pursuance of a warrant from Her Majesty countersigned as heretofore.

36.—(1) Subject to the provisions of this Act Her Majesty the Queen in Council may make or direct such arrangements as seem necessary or proper for setting in motion the Irish Legislature and Government and for otherwise bringing this Act into operation. (2) The Irish Legislature shall be summoned to meet on the first Tuesday in September, one thousand eight hundred and ninety-four, and the first election of members of the two Houses of the Irish Legislature shall be held at such time before that day, as may be fixed by Her Majesty in Council. (3) Upon the first meeting of the Irish Legislature the members of the House of Commons then sitting for Irish constituencies, including the members for Dublin University, shall vacate their seats, and writs shall, as soon as conveniently may be, be issued by the Lord Chancellor of Ireland for the purpose of holding an election of members to serve in Parliament for the constituencies named in the Second Schedule of this Act. (4) The existing Chief Baron of the Exchequer, and the senior of the existing puisne judges of the Exchequer Division of the Supreme Court, or if they or either of them are or is dead or unable or unwilling to act, such other of the judges of the Supreme Court as Her Majesty may appoint, shall be the first Exchequer judges. (5) Where it appears to Her Majesty the Queen in Council, before the expiration of one year after the appointed day, that any existing enactment respecting matters within the powers of the Irish Legislature requires adaptation to Ireland, whether—

(a) by the substitution of the Lord Lieutenant in Council, or of any department or officer of the executive Government in Ireland, for Her Majesty in Council, a Secretary of State, the Treasury, the Postmaster-General, the Board of Inland Revenue, or other public department or officer in Great Britain; or (b) by the substitution of the Irish Consolidated Fund or moneys provided by the Irish Legislature for the Consolidated Fund of the United Kingdom, or moneys provided by Parliament; or (c) by the substitution or confirmation by, or other act to be done by or to, the Irish Legislature for confirmation by or other act to be done by or to Parliament; or (d) by any other adaptation; Her Majesty, by Order in Council, may make that adaptation.

(6) Her Majesty the Queen in Council may provide for the transfer of such property, rights, and liabilities, and the doing of such other things as may appear to Her Majesty necessary or proper for carrying into effect this Act or any Order in Council under this Act.

(7) An Order in Council under this section may make an adaptation or provide for a transfer either unconditionally or subject to such exceptions, conditions, and restrictions as may seem expedient.

(8) The draft of every Order in Council under this section shall be laid before both Houses of Parliament for not less than two months before it is made, and such Order when made shall, subject as respects Ireland to the provisions of an Irish Act, have full effect, but shall not interfere with the continued application to any place, authority, person, or thing, not in Ireland, of the enactment to which the Order relates.

37. Except as otherwise provided by this Act, all existing laws, institutions, authorities, and officers in Ireland, whether judicial, administrative, or ministerial, and all existing taxes in Ireland shall continue as if this Act had not passed, but with the modifications necessary for adapting the same to this Act, and subject to be repealed, abolished, altered, and adapted in the manner and to the extent authorised by this Act.

38. Subject as in this Act mentioned the appointed day for the purposes of this Act shall be the day of the first meeting of the Irish Legislature, or such other day not more than seven months earlier or later as may be fixed by order of Her Majesty in Council either generally or with reference to any particular provision of this Act, and different days may be appointed for different purposes and different provisions of this Act, whether contained in the same section or in different sections.

39. In this Act unless the context otherwise requires—The expression 'existing' means existing at the passing of this Act.

The expression 'constituency' means a parliamentary constituency or a county or borough returning a member or members to serve in either House of the Irish Legislature, as the case requires, and the expression 'parliamentary constituency' means any county, borough, or university returning a member or members to serve in Parliament.

The expression 'parliamentary elector' means a person entitled to be registered as a voter at a parliamentary election.

The expression 'parliamentary election' means the election of a member to serve in Parliament.

The expression 'tax' includes duties and fees, and the expression 'duties of excise' does not include licence duties.

The expression 'foreign mails' means all postal packets, whether letters, parcels, or other packets, posted in the United Kingdom and sent to a place out of the United Kingdom, or posted in a place out of the United Kingdom and sent to a place in the United Kingdom, or in transit through the United Kingdom to a place out of the United Kingdom.

The expression 'telegraphic line' has the same meaning as in the Telegraph Acts, 1863 to 1892.

The expression 'duties on postage' includes all rates and sums chargeable for or in respect of postal packets, money orders, or telegrams, or otherwise under the Post Office Acts or the Telegraph Act, 1892.

The expression 'Irish Act' means a law made by the Irish Legislature.

The expression 'election laws' means the laws relating to the election of members to serve in Parliament, other than those relating to the qualification of electors, and includes all the laws respecting the registration of electors, the issue and execution of writs, the creation of polling districts, the taking of the poll, the questioning of elections, corrupt and illegal practices, the disqualification of members and the vacating of seats.

The expression 'rateable value' means the annual rateable value under the Irish Valuation Acts.

The expression 'salary' includes remuneration, allowances, and emoluments.

The expression 'pension' includes superannuation allowance.

40. This Act may be cited as the Irish Government Act, 1893.



SCHEDULES

FIRST SCHEDULE

LEGISLATIVE COUNCIL

CONSTITUENCIES AND NUMBER OF COUNCILLORS

Constituencies Councillors. ——————— —————- Antrim county Three Armagh county One Belfast borough Two Carlow county One Cavan county One Clare county One Cork county— East Riding Three West Riding One Cork borough One Donegal county One Down county Three Dublin county Three Dublin borough Two Fermanagh county One Galway county Two Kerry county One Kildare county One Kilkenny county One King's county One Leitrim and Sligo counties One Limerick county Two Londonderry county One Longford county One Louth county One Mayo county One Meath county One Monaghan county One Queen's county One Roscommon county One Tipperary county Two Tyrone county One Waterford county One Westmeath county One Wexford county One Wicklow county One —————- Forty-eight

The expression 'borough' in this Schedule means an existing parliamentary borough.

Counties of cities and towns not named in this Schedule shall be combined with the county at large in which they are included for parliamentary elections, and, if not so included, then with the county at large bearing the same name.

A borough named in this Schedule shall not for the purposes of this Schedule form part of any other constituency.



SECOND SCHEDULE

IRISH MEMBERS IN THE HOUSE OF COMMONS

Constituencies. Number of Members for House of Commons

Antrim county Three Armagh county Two Belfast borough (in divisions as mentioned below) Four Carlow county One Cavan county Two Clare county Two Cork county (in divisions as mentioned below) Five Cork borough Two Donegal county Three Down county Three Dublin county Two Dublin borough (in divisions as mentioned below) Four Fermanagh county One Galway county Three Galway borough One Kerry county Three Kildare county One Kilkenny county One Kilkenny borough One King's county One Leitrim county Two Limerick county Two Limerick borough One Londonderry county Two Londonderry borough One Longford county One Louth county One Mayo county Three Meath county Two Monaghan county Two Newry borough One Queen's county One Roscommon county Two Sligo county Two Tipperary county Three Tyrone county Three Waterford county One Waterford borough One Westmeath county One Wexford county Two Wicklow county One ———— Eighty

(1) In this Schedule the expression 'borough' means an existing parliamentary borough.

(2) In the parliamentary boroughs of Belfast and Dublin, one member shall be returned by each of the existing parliamentary divisions of those boroughs, and the law relating to the divisions of boroughs shall apply accordingly.

(3) The county of Cork shall be divided into two divisions, consisting of the East Riding and the West Riding, and three members shall be elected by the East Riding, and two members shall be elected by the West Riding; and the law relating to divisions of counties shall apply to those divisions.



THIRD SCHEDULE

FINANCE

IMPERIAL LIABILITIES, EXPENDITURE, AND MISCELLANEOUS REVENUE

Liabilities

For the purposes of this Act 'Imperial liabilities' consist of:—

(1) The funded and unfunded debt of the United Kingdom, inclusive of terminable annuities paid out of the permanent annual charge for the National Debt, and inclusive of the cost of the management of the said funded and unfunded debt, but exclusive of the Local Loans stock and Guaranteed Land stock and the cost of the management thereof; and

(2) All other charges on the Consolidated Fund of the United Kingdom for the repayment of borrowed money, or to fulfil a guarantee.

Expenditure

For the purpose of this Act Imperial expenditure consists of expenditure for the following services:—

I. Naval and military expenditure (including Greenwich Hospital). II. Civil expenditure, that is to say—

(a) Civil list and Royal family. (b) Salaries, pensions, allowances, and incidental expenses of—

(i) Lord Lieutenant of Ireland; (ii) Exchequer judges in Ireland.

(c) Building, works, salaries, pensions, printing, stationery, allowances, and incidental expenses of—

(i) Parliament; (ii) National Debt Commissioners; (iii) Foreign Office and diplomatic and consular service, including secret service, special services, and telegraph subsidies; (iv) Colonial Office, including special services and telegraph subsidies; (v) Privy Council; (vi) Board of Trade, including the Mercantile Marine Fund, Patent Office, Railway Commission, and Wreck Commission, but excluding Bankruptcy; (vii) Mint; (viii) Meteorological Society; (ix) Slave trade service.

(d) Foreign mails and telegraphic communication with places outside the United Kingdom.

Revenue

For the purposes of this Act the public revenue to a portion of which Ireland may claim to be entitled consists of revenue from the following sources:—

1. Suez Canal shares or payments on account thereof.

2. Loans and advances to foreign countries.

3. Annual payments by British possessions.

4. Fees, stamps, and extra receipts received by departments, the expenses of which are part of the Imperial expenditure.

5. Small branches of the hereditary revenues of the Crown.

6. Foreshores.

[The Fourth, Fifth, Sixth, and Seventh Schedules are for the saving of space omitted.]

FOOTNOTES:

[138] The Bill is printed as it was originally presented to the House of Commons.



INDEX

American Commonwealth, by Rt. Hon. James Bryce, 37 n American History, Critical Period of, by Fiske, 103 Andrews, Mr. Justice, a Unitarian, 71 n Appeals under Irish Government Act, 209 Asquith, Rt. Hon. H.H., on the policy of Home Rule, 26, 74 n

Balfour, Rt. Hon. Arthur, on Ireland, 71 Beaumont, Gustave de, 142 Bright, John, on Free Trade, 134 Bryce, Rt. Hon. James, 26, American Commonwealth, 37, 169 Burke, Edmund, Reflections on the Revolution in France, 134

Cambray, Mr., Irish Affairs and the Home Rule Question, 1, 23 Canada as a self-governing colony, 20, 25 Civil servants under Irish Government Act, 210 Clancy, Mr., M.P., and the financial clauses of the Home Rule Bill, 103 Cobden and Free Trade, 134 Coercion Act, the, 144 Colonies, self-governing, see New Zealand, Canada, Victoria Constitution, Law of, by Professor Dicey, 6 n, 29 n, 67 n Constitution of Legislature under Irish Government Act, 199 Constitution, old and new, 1-20, 56; the new, 21 et seq., 191; no settlement of the Irish question, 112 et seq.; rests on an unsound foundation and contradictory, 125; pleas for, 132 et seq. Constitutional questions, decision of, under Irish Government Act, 209 Contracts, laws as to, 85, 86 Crown Lands under Irish Government Act, 210

Davitt, Michael, and the New Constitution, 115, 142, 167 Dicey, Professor A.V., Law of the Constitution, 6 n, 29 n, 67 n Duffy, Sir Gavan, Irish Nationalist, 39, 166; his prediction, 128

England, present constitution of, 2 et seq.; retention of Irish Members at Westminster, 32 et seq., 66, 123, 200, 218, 221; inducements to, 48; meaning of Home Rule to, 53 et seq.; result of helping Portugal and Spain, 116; opposition to Home Rule, 119 et seq.; Grattan's constitution, 149; the path of safety, 175 et seq. England's Case against Home Rule, 59 n, 91 n, 94 n, 97 n, 138 n, 155 n, 162 n Executive authority under Irish Government Act, 198

Feast of Concord in France, 172 Federalism, 6; and Home Rule, 13 et seq., 96, 118; application to England, 155; how it works in other countries, 153 et seq. Finance, under Irish Government Act, 27, 100, 102, 201-207, 222, 223 Fiske, Critical Period of American History, 103 Ford, Patrick, 166 France, and Italy, 116; Feast of Concord, 172; the constitution of 1791, 191 Freeman, E.A., Irish Home Rule and Its Analogies, 67 n, 153 n

Germany, federalism in, 6 Girardin, M., on the French Revolution, 135 Gladstone, W.E., and Home Rule, 26, 113, 128 n, 140, 163, 175; on the retention of Irish Members at Westminster, 32 n, 39, 66, 123 Government, see Parliament Government of Ireland Bill, see Home Rule Bill Grattan's constitution, 139, 149-152

Hilty, Professor, Swiss publicist, 160 Home Rule, a new constitution for the United Kingdom, 1, 19; compared with the old constitution, 8 et seq.; four leading features of, 22; the supremacy of the Imperial Parliament, 22-31; the retention of the Irish Members in the Imperial Parliament, 32 et seq., 66 n, 123, 200, 218-221; powers of the Irish Government, 66 et seq., 197 et seq .; the Veto, 88; Finance, 100-103, 201-207, 222, 223; as a settlement of the Irish question, 112 et seq.; is federalism, 118; reasons for, 132 et seq.; necessity for, 138; the safeguards, 149; Grattan's constitution, 149; success of, 152 et seq.; the policy of trust, 163 et seq.; a revolutionary movement, 177, 191

Imperial Parliament, see Parliament Ireland, the old constitution, 1-8; the new constitution, 8 et seq.; the retention of Irish Members in the Imperial Parliament, 32 et seq., 66 n, 123, 200, 218-221; meaning of Home Rule to, 53; powers of the Irish Government under Home Rule Bill, 66 et seq., 197 et seq.; the Irish Parliament, 75; restrictions and obligations, 80 et seq.; the Veto, 88; the Privy Council and the Courts, 90 et seq.; Home Rule no settlement of the Irish question, 112 et seq.; arguments for the new constitution, 132 et seq.; her desire for parliamentary independence, 140 Irish Affairs and the Home Rule Question, by Cambray, 1, 23 n Irish Constabulary under Home Rule Bill, 75 n, 212 Irish Executive, 66 Irish Government Act, see Home Rule Bill Irish Home Rule and its Analysis, by E.A. Freeman, 67 n, 153 n Irish Parliament, 75 Irish representation in the House of Commons, 32 et seq., 66, 123, 200, 218-221 Italy and France, 116

Jackson, Andrew, President of the United States, 158 Judges under Home Rule Bill, 210

Lalor, Mr., 142 Lecky, Mr., History of England in the Eighteenth Century, 150 Legislative authority under Home Rule Bill, 197 et seq. Local Government Bill compared with Home Rule Bill, 186 Lord Lieutenant, office of, 66, 210

McCarthy, J., on the effect of the Home Rule Bill, 112, 142, 167 Mahoney, Pierce, Irish Independent on the release of prisoners, 117 Marshall, John, Chief Justice of the Supreme Court of the United States, 158 Melbourne, Irish informers' reception at, 161, 162 Mill, John Stuart, Representative Government, 6 n, 118 n. Morley, John, Chief Secretary for Ireland, on retention of Irish Members at Westminster, 39-43, 49, 62; changes in administration, 71; safeguards against legislation setting aside contracts, 86

New Zealand as a self-governing colony, 4, 5, 9, 20, 25, 31; compared with Ireland, 156 Nulty, Dr., Roman Catholic Bishop of Meath, 71 n.

O'Connell, Daniel, compared with Parnell, 139; 166

Parliament, British and Imperial, authority of, in the United Kingdom, 2 et seq.; in the Colonies, 4 et seq.; supremacy of, 22 et seq.; retention of Irish Members in, 32 et seq.; power up to 1782, 55; since the Union, 56 et seq. Parnell, 34; and Home Rule, 139, 142, 167 Phoenix Park murders, 146 Police under Home Rule Bill, 75 n, 212 Post Office and postal telegraphs under Home Rule Bill, 207, 208 Privy Council and the Courts, 90 Protection, 99, 198

Redmond, John, M.P., Home Rule, 26, 50, 103; and the imprisoned dynamiters, 117 n, 168 Referendum, Dicey on, 189, 190 Religion, restrictions on, 99 Representative Government, by John Stuart Mill, 118 n. Restrictions and obligations in Home Rule Bill, 80 et seq., 197, 198, 214 Retention of Irish Members in House of Commons, 32 et seq., 66, 123, 200, 218-221 Russell, Lord John, 32 n

Savings banks under Home Rule Bill, 207, 208 Sexton, Thomas, on Home Rule Bill, 16 n, 26, 112, 126 Sieyes, Abbe, 19 Switzerland an example of successful federalism, 6, 159

Taxes, right to impose, 2, 3 Ticino, insurrection in, 107, 160, 161 _Times Parliamentary Debates, 26 _n_, 32 _n_; Mr. Asquith on executive authority, 74 _n_; John Morley on legislation to set aside contracts, 86 _n_; J. McCarthy and W.E. Gladstone on Home Rule as a final settlement, 112 _n_, 113 _n_, 142 _n_; Gladstone on the policy of trust, 163 _n_.

Tocqueville, Alexis de, and the French Revolution, 134, 173 Trust, the policy of, 163

Unionism, the policy for, 183 et seq. Unionist Delusions, 62 n. United States of America, division of parties in, 37 n; no law allowed to impair the obligation of a contract, 85; Bryce on State Legislatures in, 169, 170

Veto, the, 15, 199; its uselessness, 88 Victoria as a self-governing colony, 4 n. Victoria, Government of, by Jenks, 9 n.

THE END

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