I 953 l886 15 CHE MERITS —OF— "HOME RULE" B/ -IN- ' ^?'\reland. BY JOSEPH NIMMO, Jr. THE LONG-ISLANDER" Prii^NieM.' \ •■ — 'ii.lM.IMi>-cu>*sion live out of six days of each week, a right exercised by the ministry only in cases of emergency. The plecHon so soon following tbe final vote in Parliameut wa-* clearly a part of ibe same line of tactics employed in tiie House of Com- mons. His uniform declarations from the beginning have been to the effect that he should regard defeat in Parliament and at the polls as merely incidents in a struggle the result of which mast be the eventual tri- umph of the principle anuouiicedin the Home Rule Bill. He nas succeeded in mak- ing the measure the foremost and absorbing political issue of Great Britain, and all the advices indicate that no other measure can command the attention of the country until this is disposed of. The present time appears to be opportune for presenting an analysis and explanation of the features of the bill, which I am able to do, having received a copy of it at the hands of a friend, from the Eon. Wm. J.Lane, member of Parliament for the City of Cork. Generally it has been said that the Home Rule Bill proposes to confer rights f local government similar to our state gov- ernments. But that is not safficiently accur- ate in order to convey a definite idea of tbe merits of the measure. The rights granted are in tact much narrower and more constrained the powers of government enjoyed by the states of this country, as will appear from tne following review : THE LEGISLATIVE AFTHORITY. The legislative authority proposed to be created in Ireland is summarily described in ihe Bill in these words, "There shall be es tablishedin Ireland a Legisla^.ure consisting of Her Majesty, the Queen, and an Irish Leg- islative Body/^ In a word the Lord Lieu- tenant of Ireland, appointed by the Crown, and paid out of the Royal Exchequer, -'shall give or withold the assent of Her Majesty to Bills passed by the Irish Parliament.'^ This legislative body is debarred from passing laws in regard to the status or dignity of the crown, the making of war or peace, the army or navy, forts or arsenals, intercourse with foreign countries, dignities or titles of honor; treason, alienage or naturalization; the postal or telegraph service ; navigation, beacons or lighthouses ; money ; copyright, or patent rights. ISTor shall tbe Irish Legis- lature make any law respecting an establish ment or endowment of religion, or prohibit- ing the free exercise thereof, or in any man- ner working disability on account of relig ious belief, or in any manner prejudicially affectinor the right to establish or maintain denominational senools. The Irish Parlia- ment IS to consist of two branches known as "The first and the second order/' The first order is to consist of one hundred and three members, of whom seventy-five are to be elective, and twentyeigbt peerage members and the second order is to consist of two hundred and four elective members. A pro- perty qualification is established with the limit of two hundred pounds a year} income, or a capital value of four thousand pounds. "Whetber Ireland shall or shall not contin- ue to send members to the Imperial Parlia- ment to legislate upon matters other than those relating to Ireland is as yet an open question. In fact Mr. Gladstone has repeat-^ edly declared the entire detail of the Bill to be subject to amendment or even to radical change. His present fight is directed to the single thought of establishing the principle of tbe bill, viz. : the right of Ireland to man- age her own internal affairs. THE EXECUTIVE AUTHORITY. The Lord Lieutenant, who is to be the Chief Executive of Ireland, is to be appointed by the Queen ; his salary, and the expenses of his household and establishment to be paid from the Koyal Exchequer, and the Legislature of Ireland is debarred from pass- ing any Act relating to his office or functions. 6 The veto power over legislation by the Trish Parliament is delegated to hira, subject to instructions which may from time to time be given bim by Her Majesty. He is also em- powered to exercise the prerogatives of Her Maje=sty in respect to summooing, prorogu- ing and dissolving the Irish Legislative Body. It must be remembered that this, to us Americans, apparently despotic power is so exercised in Great Britain, as to voice public sentiment even more promptly than it finds expression in this country through the election of a House of Representatives once in two years. THE JUDICIARY. Under the provision of the Home Rule Bill, the Judges of the Supreme Court of Judicature, and other Supreme Courts of Ire- land and of County Courts, and of other courts of like jurisdiction in Ireland, will con- tinue to be appointable by the crown, and to be removable in pursuance of an address to Her Majesty from both branches of the Irish Legislative Body. The salaries of such offi- cers will be paid out of the "Consolidated Fund of the United Kingdom." OTHER FEATURES OF THE HOME RULE BILL. Constitutional questions arieing in the course of Irish legislation are to be decided by appeal to Her Majesty in Council. This in the eyes of Americans involves the anom_ aly of placing tbe decision of questions of a legal and judicial nature in the deter- mination of a body which from its constitu- tion IS moved by political rather than by judicial considerations. Evidently the legislative, executive, and judicial power granted to the proposed Irish government by Mr. Gladstone's bill, consti- tute a scheme of government very much in- ferior in scope and function to that very gen- eral and unconstrained provision of our nation - al constitution which provides for the admis- sion of new states into the Union upon the simple condition that they shall have a gov- ernment which is republican in form. FINANCE. The system of finance provided in the Home Kule Bill, appears in the light of our own na- tional experiences to be not only clumsy, but unnecessarily complex. Under its provis- ions Ireland is to collect all internal taxes, and to pay a portion over to the Consolida- ted Fund of the United Kingdom. In case of war the bill, in terms, makes it necessary for the imperial government to call upon Ire- land for its financial contingent. This iS the method of finance which prevailed in this country from ISTov. 18, 1777 to April 30, 1879, when the present Federal Union went into operation. The evils of the old system of finance constituted one of the rea- sons for establishing "a more perfect Union." Our present system of national finance which was organized by Alexander Hamilton, is entirely independent of state interference. It has saved the country a world of trouble, especially during the late war, and in the adjustment and payment of the national debt. OBJECTIONS TO THE HOME RULE BILL. The opponents of the Home Rule Bill have during the recent campaign repeatedly declared that the Parnellites intend to use their new powers to enable them to set up an independent government. This however can only be regarded as a political libel. Mr. Parnell and his coadjutors in the new move- ment indignantly repel the charge. Long ago, Lord Macaulay exposed the absurdity of the assumption that any political party can entertain secret designs or cherish pur- poses ulterior to those which it professes. But the disingenuousness of the objection is evident from the fact that under the Home Rule Bill, the imperial government retains its absolute control of the Army and Navy, and of all forts, arsenals and munitions of war, and that it will m no manner be in a less favorable position to suppress insurrec- tion m Ireland, than at the present time, conditions governing the settlement of the Irish question. 9 The conditions surroundinjj and governing the settlement of the Irish question are so widely different from those which prevail in this country that it is well nigh impossible for an American to comprehend, much Icss to explain the considerations involved in the deiMils..ol the Home Rule Bill. The social and political institutions of Great Britain and Ireland a,re characterized by peculiarities which have no correspondent whatever In the poliiical institutions of this country. I refer especially to ecclesiasticism in politics, to in- herited religious prejudices, to the moral in- fluence of historical events in the course of the developement of the country, to the in- flnence of class distinctions, in social and po- litical affairs and especially the institution of a hereditary nobility, to the nature and ex- tent of landed proprietorships and their rela- tion to the agricultural classes, to the law of primogeniture and entail, and to the inci- dents of a monarchy cherished by a people who in the detail of their governmental sys- tem have in certain particulars taken hold on democratic ideas even more vigorously than ourselves. But the whole course of the development of political idea in Europe and in America has preceded from diametrically opposite points. Our system is in fact the very invert of theirs. We began our political existence with only "Home Eule." It is no stretch of 10 the verities of our political history to assert that the town was the germ of governmeot in this country. Mr. Charles R. Street of this village has in his interesting historical sketch of Huntington shown that it was at one time a governmental autonomy. At the time of the Declaration of Independence go^^- ernmental sovereignty existed only in the states, but in the course of events, they were forced by the exigencies of self preservation, and the highest considerations of self interest to evolve the national sovereignty which since 1789 has constituted us a nation. Neverthe- less, the state now touches the individual at a hundred points where the national govern- ment touches him at one, and the tendency toward sendmg the exercise of governmental powers to the extremities is stronger than that toward increasing the powers of the gov- ernment at Washington. These two tenden- cies are not conflicting but co-ordinate. Both tend to functional efficiency in administration. The constitution of our own state now con- fers upon the boards of supervisors of the several counties, certain "powers of local legislation and administration," and as we all know this special form of "home rule" has operated beneficially for Long Island particu- larly, in respect to its fisheries, which inter- ests it has in common with no other part of the state. 11 But the relation of political institntions .to the people is widely diflferent in Great Bri- tain, and in fact throughout Europe. There the theory has from time immemorial taken possession of the minds of men.that the germ of political power resides in the national sov- ereignty, and that all local self government and in fact all popular liberty has, in the pro- gress of civilization and of reform in guv ernmental methods been accorded by, or wrested from the sovereign power, irela.nd's geievances. During the recent debates in Parliament and in the campaign just closed, Mr. Grlad- stone has labored to impress upon his coun trymen the advantages of federated gover mental powers, and the Idea that the empire would be all the stronger for local self gover- ment. This idea as before shown is elemtsn- tary to our system of goverment. It is therefore quite incomprehensible to us that 80 large a proportion of tne British nation is not to-day educated up to the doctrine that the summation and formulated expression of all the liberties whicb a people can, and ought to enjoy under the guardianship of legal sanction, is a code of laws framed with a view to meeting their specific wants, and con- formed to their specific experiences and the particular conditions which constitute their environment, and that such laws can only be 12 devised by those whose interest it is to have them enacted. The sullen answer of Tury and Conservative to Mr. Gladstone's eloquent, and almost pathetic pleadings upoa this point is that he is "taking a step t