Irish judges. Either these judges would concur in verdicts
given against the pretensions of the Irish Parliament or they would not.
If they did concur, there would be a fierce outcry against the right of
judges appointed under the Union Government to nullify Acts of the Irish
Legislature. But if they did not concur, the patriotic indignation with
which a decision over the heads of the Irish representatives would be
received is easy to foresee. It would be a matter of the greatest
difficulty to enforce any such decision when the Irish Government,
supported by an agitation in the country, refused to be bound by it. The
situation thus created has no parallel in the case of the colonies. In
Canada or Australia, where the legislative power is divided between
federal and provincial Parliaments, a decision that the one legislature
is incompetent affirms the competence of the other. Both legislatures
have on the spot proper means of enforcing, by judicial and executive
authority, decisions which are within their powers. The case of Ireland
is fundamentally different. There can be no half-way house between
keeping Ireland a partner in all our legislative and judicial
activities, or giving to her with a separate Executive uncontrolled and
unchecked rights of internal sovereignty.
VII
THE ULSTER QUESTION
BY THE MARQUIS OF LONDONDERRY, K.G.
In the Home Rule controversy to-day Ulster occupies the place of public
interest. Lord Rosebery upon one occasion committed himself to the
opinion that, before Home Rule was conceded by the Imperial Parliament,
England, as the predominant member of the partnership of the three
kingdoms, would have to be convinced of its justice.[62] He did not
foresee that the party of which he was then the leader would, under
duress, abandon even the pretence of consulting the "predominant
partner," much less be guided by its wishes. But it has come to pass:
and Ulster alone remains the stumbling-block to the successful issue of
the plot against the Constitution. By Ulster we do not mean, as Mr.
Sinclair points out, the geographical area, but the district which
historical events have made so different in every respect from the rest
of Ireland.
In the Act of Union I have a personal interest from family connection. I
am convinced that Lord Castlereagh was absolutely right on both Imperial
and Irish grounds. I feel that so far as Ireland is concerned the
conditions and position of Ulster to-day
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