d
not be borne by the Government or the people of a self-governing colony.
These Restrictions are ineffective to bind, but they are certain to
gall, and if taken together with onerous financial obligations to Great
Britain, which whether just or not must have an air of hardness, and
with the habitual presence in Ireland of a British army under the
direction of the British Executive, lay an ample foundation for the most
irritating of conflicts.
The new constitution, lastly, places in the hands of the Irish people
ample means for constitutional or extra-constitutional resistance to
Imperial, or in fact to English, power, and almost ensures the success
of Ireland in any constitutional conflict. The presence of the Irish
members at Westminster saves, or proclaims, the nominal sovereignty of
the Imperial Parliament; but their presence in truth makes this
sovereignty unexercisable, and therefore worthless, and while increasing
the apparent power ensures the real weakness of England.
FOOTNOTES:
[25] Thus little, if anything, is said in these pages on the
constitution of the Irish Legislature, though it is in several points,
and especially in the character of the Legislative Council, open to
grave criticism. Little, again, is said of the financial arrangements in
their fiscal character. The topic is of the highest importance, but it
must be debated in the main by experts. My remarks upon these
arrangements refer almost exclusively to the way in which they may
affect the working of the constitution. The inclusion of Ulster within
the operation of the Bill and the refusal to give weight to the demand
of Ulster that the Act of Union should not be touched, are of course
matters of primary importance. They ought never to be distant from the
thoughts of any one concerned with the policy or impolicy of Home Rule;
they dominate, so to speak, the whole political situation; they are
constantly referred to in these pages; but they do not form part of the
new constitution so much as conditions which affect the prudence or
justice of creating the new constitution.
[26] Bill, 1893, Preamble, and clauses 33, 37.
[27] The language of clause 33 is vague, but, according to the best
interpretation I can put upon it, its effect as to laws made for Ireland
after the Home Rule Bill becomes law will be this: The Imperial
Parliament will be able to pass enactments of any description whatever
with regard to Ireland, and the Irish Legislature
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