Home rule -- Ireland; Ireland -- Economic conditions; Land tenure -- Ireland
extraordinary spectacle of persons being prosecuted for cattle-driving
and similar offences, while those who openly incited them to crime
escaped with impunity. We saw judges from the Bench complaining in vain
that the real offenders were not brought before them, and criticising
openly the negligence and partiality of the Crown. If the Nationalists,
whose influence then paralysed the aims of the Government, ever get
supreme control of the Executive, we are certain to see these abuses
revived on a still more shocking scale. The operation of the new decree
places the Roman Catholic minister or law officer who is called upon to
administer justice under the terms of his oath in a position of cruel
embarrassment. As a law officer it might be his duty to order the
prosecution of some clerical offender; as a Roman Catholic compliance
with his duty to the State must entail the awful consequences of
excommunication. It needs no elaboration to show that what may be a
grave embarrassment under the rule of impartial British Ministers, must
under a local Irish Government develop into a danger to the State. A
case recently tried at the Waterford Assizes establishes a precedent
which may prove most mischievous. Recent illustrations in Ireland of the
working of the _Temere_ decree have secured for it a sort of
quasi-legality and provided a great argument to those devout Churchmen
who, under Home Rule, would naturally desire to carry the process a
further step.
We have proceeded on the assumption that the Irish Parliament
would--formally, at least--confine itself within the limits prescribed
by the law of its creation. But it is necessary at least to contemplate
the possibility that it would prove less complaisant. The safeguards and
limitations inserted in any Act of the kind must of necessity be couched
in general terms. The constitutional history of the United States and
other countries is full of cases showing how difficult it is to define
in practice where the border line between _intra_ and _ultra vires_
comes. It is the custom of all Governments, if there is any possible
room for debate as to their competence to take any particular line of
action, to give themselves the fullest benefit of the doubt, and the
Irish Government is unlikely to prove any exception to the rule. When
the Judicature and all the forces of Executive Government, except the
direct command of troops, is in their hands, the laws passed by the
Irish Parliament could be put in force in Ireland. The British
Government could not intervene except by acts which would amount to open
war between the two countries. We must remember that this enforcement of
Irish laws by Irish police in spite of the decisions of a "foreign"
Government at Westminster is openly advocated and contemplated by the
large and active section of the Nationalists who have adopted as their
watchword the motto "Ourselves alone" (_Sinn Fein_). Nothing could be
Public-domain text, read in full here on John Shaqi.
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