The New Irish Constitution: An Exposition and Some Arguments
History
The New Irish Constitution: An Exposition and Some Arguments
Home rule -- Ireland; Ireland -- Politics and government
The Unionist Associations of Ireland have recently published a handbook
called “The Home Rule ‘Nutshell’ Examined by an Irish Unionist” in which
it is stated (p. 69) “The only crime that is complained of in Ireland is
the organized crime due to the inspired agitation of the United Irish
League. Without that Ireland would be _comparatively crimeless_.” No proof
has ever been given that the United Irish League has taken any part in the
organization of crime, and beyond all doubt in many instances it has been
instrumental in preventing it. It cannot, of course, be denied that in
certain parts of the country instances of boycotting and cattle driving
occur, but such occurrences will certainly not increase, and are more
likely to cease altogether when Ireland is governed by an Irish Executive
chosen by the people, and responsible to the people for the good
government of the country. The Unionist complaint is, not so much that an
Irish Executive will not be able to enforce the law, but that it will be
unwilling to do so in certain cases, and will exercise a dispensing power
as to whether the decrees of the Courts shall or shall not, in particular
cases, be enforced.(113) If it were within the power of the Executive to
prevent the police or military from being called upon to protect the civil
officers of the law in the discharge of their duties, it would, no doubt,
be possible to paralyze the administration of justice, but it is well
settled that a sheriff, or anybody charged with the execution of a writ of
a competent Court, has the right to require the assistance of constables,
and indeed of any of the liege subjects of the Crown, and that the
Executive has no power to prevent such assistance being given. This was
laid down by the Common Law Judges in England in the well-known case of
“_Miller_ v. _Knox_”(114) and still more emphatically by the Lord Chief
Baron (Palles) of the Exchequer in Ireland in the case of the Woodford
prisoners at the Connaught Winter Assizes of 1886.(115) The Lord Chief
Baron said:
Public-domain text, read in full here on John Shaqi.
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