Constitution of Ireland

“ The full height of nationhood is the recognition of sovereignty; and the completest act of sovereignty of which a nation may be capable is to confer its Constitution on itself. With the exception of Great Britain, none of the other members of the Community were, when their constitutions were enacted, capable of this. Each of them received its Constitution as bestowed, not by the Act of its own Legislature, but by the Act of a suzerain Legislature. And that shortness of national stature remained until it was removed by the addition of Ireland to the Community. ”

“ It is a grave difficulty that there is no public opinion in Ireland as to the form of the Irish Constitution. That is an almost inevitable result of political conditions past and present. Violent intestinal antagonisms are not favourable to constructive thought. The best men of a country, working in harmony, are needed to devise a good Constitution, and if any Irishman could succeed in convening a Conference like that which created the South African Union, he would be famous and honoured for ever in the annals of the future Ireland. ”

“ The national movement never flagged for a single generation. Never for a moment did the Irish cease from the struggle; in the swell and tumult of that tossing sea commanders emerged now in one province, now in another, each to fall back into the darkness while the next pressed on to take his place. An Anglo-Norman parliament claimed (1459) that Ireland was by its constitution separate from the laws and statutes of England, and prayed to have a separate coinage for their land as in the kingdom of England. ”

“ The policy of “Unionist” leaders is to meet the Irish desire for an uplifting pride in the life of the Irish commonwealth by a flat denial. Ireland, we are told, is not, nor ever has been, nor ever can be, a nation. A disorganized and contentious people, incapable of rightly using any polity Irish or English, we have not, it is said, even the materials of a nation. We are only “material,” to use an old Irish expression, for an Empire. The island in fact was never a kingdom till England gave it a king worthy the name ”

“ In regard to the executive, he will, of course, enjoy less latitude; it is quite clear that the Imperial Government will, under this clause, find it practically impossible to interfere in purely Irish administration. The Irish Government will, of course, be carried on in the name of the Crown, and it will enjoy the same prerogatives at common law as the Imperial Government in such matters as the use of the prerogative writs mandamus and certiorari, and the immunity from actions in tort. Ireland has its own Petitions of Right Act. ”

“ Would it be too much to hope that Irishmen of all creeds and parties might meet together in a Convention for the purpose of drafting a Constitution for their country which should secure a just balance of all the opposing interests, and finally compose the unhappy discords which have so long distracted Ireland and impeded its harmonious development. ”

“ In Ireland therefore the new constitution abolishes the effective exercise of authority by the Imperial Parliament in matters of administration, in matters of legislation, in matters of finance; every concern which affects the daily life of Irishmen will be under the control of the Irish Cabinet and the Irish Parliament. The relation of the Imperial Parliament towards Ireland will not be the relation which it now occupies towards the whole United Kingdom, and which under the new constitution it will still occupy towards Great Britain. ”

“ In this Constitution, therefore, the people of Ireland establish their own right, original and indefeasible, and all things and persons and institutions named or created by or under it depend from them. That is in the present, as it was in the original, draft. Whatever institution or organisation is established to act on their behalf, acts under an authority conferred by them; and in accord with the specific bestowal of that authority; and not otherwise. Whatever person or power is named, is named to act on their behalf ”

“ It is the right of every civilized and progressive people, the grant of which to its dependencies is the glory of the British Empire, and in preparation for which it governs its subject races in India or Africa. Is Ireland less fit after nine centuries of English government to rule itself on constitutional lines than Canada or the South African Union? ”

“ To represent to His Majesty, That his subjects of Ireland are entitled to a free constitution; that the Imperial Crown of Ireland is inseparably annexed to the Crown of Great Britain, on which Connection the happiness of both nations essentially depends; but that the Kingdom of Ireland is a distinct dominion, having a Parliament of her own, the sole Legislature thereof.
That there is no power whatsoever competent to make laws to bind this nation, except the King, Lords, and Commons, of Ireland ”

“ Ireland shall have the same constitutional status in the Community of Nations known as the British Empire as the Dominion of Canada, the Commonwealth of Australia, the Dominion of New Zealand, and the Union of South Africa, with a Parliament having powers to make laws for the peace, order and good government of Ireland, and an Executive responsible to that Parliament, and shall be styled and known as the Irish Free State. ”

“ The power which gave the planters their land could laugh at their constitutional pretensions. So the Dublin Parliament idly strove to emulate its exemplar at Westminster, and clamoured in vain for responsible government, for control of the [pg 263] Irish Executive. In spite of its Irish Parliament, Ireland has never been given the chance of governing itself. ”

“ The certain result of this would be to destroy the sense of responsibility in the Irish Legislature, to create endless differences of opinion between the two countries, and to make Great Britain the “whipping-boy” of Ireland, whenever Ireland had done anything foolish, and the British Parliament had not stepped in to prevent it. Reasonable men will continue to differ about the grant of Home Rule; but whatever is granted to Ireland in the way of legislative [pg 285] or executive right must be given fully and frankly, without looking backward. ”

“ But the Irish claim, so far as the claims of the United Kingdom are concerned, was first presented, is most urgent, and must first be satisfied. If we could but rid our minds of party bias, Home Rule for Ireland would be universally regarded as the first step forward in the direction of Imperial efficiency. It is unquestionably a condition precedent to the re-establishment of our control over our own legislative machine. ”

“ Ireland is still a mother-country, fully resolved to employ her empire of memory and love for the purposes which she and it judge worthy. Her place and power in the Community will prove to be of no mean degree, and of no small meaning for the nations outside that Community, as well for the peoples and nations within it, if she rally her strength around her and prove worthy of her destiny. When she shall have conferred a Constitution upon herself, within the limits of her contractual obligation in the Treaty, she will not have foresworn her heritage (unless she elect to do so) ”

“ Probably no one will seriously propose to deprive the Crown, as regards Ireland, of a power which it already has throughout the British Empire. But it is a matter from which party politics ought to be rigorously excluded. It should be understood that the power will not be exercised without a considered opinion of the law officers, in Ireland or here, that there is a substantial and arguable question. ”

“ The Irish Executive and the Irish Parliament become under the new constitution the true and real Government of Ireland. But the Irish Government and the Irish people are fettered by Restrictions which would not be borne by the Government or the people of a self-governing colony. ”

“ I have great doubts of the propriety of what you mention of an address of the two Houses to empower you to give the royal assent to any Bills, because that would prematurely, as it seems to me, bring into discussion the great question of all—namely, how far the Lords and Commons of Ireland have the right, either of commanding the use of the English Great Seal, or of superseding its use, in an instance in which that, and the concurrence of the English Council, are fundamental points of the present constitution of Ireland. I am quite sure that the safest of all things will be the adjournment ”

“ The possibility, again, that the Parliament at Westminster may assert its reserved authority, if it raises the fears of Irishman, may excite the hopes of English politicians. If at any time the supremacy of Ireland becomes unbearable to British national sentiment, or if the condition of Ireland menaces or is thought to menace English interests, the new constitution places in the hands of a British majority a ready-made weapon for the restoration of British power. ”

“ You parade a great deal upon the vast concessions made by this country to the Irish before the Union. I deny that any voluntary concession was ever made by England to Ireland. What did Ireland ever ask that was granted? What did she ever demand that was not refused? How did she get her Mutiny Bill—a limited Parliament—a repeal of Poyning's Law—a constitution? Not by the concessions of England, but by her fears. When Ireland asked for all these things upon her knees, her petitions were rejected with Percevalism and contempt ”

“ That strength will prove a factor for the future. The cause of it is registered in the present draft Constitution; and it is the first of the two sauses that make it unlike those of the other nations with which Ireland is now confederate and co-equal. ”

“ The state of Ireland has been the object of his majesty’s continued solicitude. His majesty laments that in that part of the United Kingdom an Association should still exist which is dangerous to the public peace, and inconsistent with the spirit of the constitution, which keeps alive discord and ill-will amongst his majesty’s subjects; and which must, if permitted to continue, effectually obstruct every effort permanently to improve the condition of Ireland. His majesty confidently relies on the wisdom and on the support of his parliament ”

“ That Great Britain, if she chooses, is strong enough to [pg 286] govern Ireland for a prolonged period against the wishes of the majority of the people of Ireland, is indeed true; and under a strong and consistent Administration, strict and even justice might no doubt produce quiet and a considerable degree of material prosperity, without the constitutional question being touched. But the existence of outward calm and material prosperity has always been a favourite plea with the opponents of political reform. ”

“ The more Ireland's Parliament succumbed to Irish ideas, the more it was flouted by England, and the greater the efforts made to secure in it the predominance of the English interest. England, in spite of itself, was creating an Irish nation. It had destroyed the system of septs which it could divide and play off against one another ”

“ And yet Ireland, like the rest of the United Kingdom, is supposed to live under representative institutions! No doubt I may be reminded that the Nationalist Members are in touch with local opinion in Ireland, and that they are the informal allies of the Liberals; but the Nationalist attitude is concerned with little else but Home Rule, and it is just because, in existing circumstances, the Irish do not declare themselves, or perhaps even form an opinion, on ordinary political issues, that our representative system has broken down so much more severely in Ireland than in England or in Scotland. ”

“ The really strange thing is, not that representative Irishmen should have met together to consider and prescribe for the deplorable economic condition of their country, but that they should not also, like the South African Conference, have drafted a Constitution for Ireland, on the sound ground that a system of government which had promoted and sustained the evils they described could never, with the best will in the world, become a good government for Ireland. ”

“ It had from the beginning proclaimed the independence of Ireland, not (it is true) in the form of an Irish Republic, but in the form of a National Constitution free from any subordination to the Parliament of England: it had renounced the idea of an appeal to arms in view of the certain failure of an armed rising: but it had not repudiated revolution upon principle and it had admitted that [Pg 214] in certain contingencies Ireland might with propriety appeal to arms to secure its independence. ”

“ The authors of the Act of Union did not attempt to establish uniformity between Great Britain and Ireland in the matter of either administration or finance, but they followed the precedent of the Union between England and Scotland in the concentration of all legislative powers in a single body, the Parliament of the United Kingdom of Great Britain and Ireland. But Union did not necessarily mean uniformity, and the united Parliament found itself at once compelled to pass separate and different Acts for the several portions of the United Kingdom. ”

“ But the Colonies are not represented in the Imperial Parliament, and to differentiate Ireland in this respect is to make all the difference between a legal formula and a political fact.
There remains the question of inclusion. No one would question the propriety of reducing Irish representation to its true proportions on a population basis—in other words, from its present figure of 103 to one of 70. The real difficulty arises when we consider [pg 041] whether those members, whatever their numbers, are to attend at Westminster in the same capacity as the British members. ”