Temporary restriction on powers of Irish Legislature and Executive.
35.—(1) Duringthreeyears from the passing of this Act, and if Parliament is then sitting until the end of that session of Parliament, the Irish Legislature shall not pass an Act respecting the relations of landlord and tenant, or the sale, purchase, or letting of land generally; Provided that nothing in this section shall prevent the passing of any Irish Act with a view to the purchase of land for railways, harbours, water-works, town improvements, or other local undertakings.
(2) Duringsixyears from the passing of this Act, the appointment of a judge of the Supreme Court or other Superior Courts in Ireland (other than one of the Exchequer judges) shall be made in pursuance of a warrant from Her Majesty countersigned as heretofore.
Transitory provisions.
36.—(1) Subject to the provisions of this Act Her Majesty the Queen in Council may make or direct such arrangements as seem necessary or proper for setting in motion the Irish Legislature and Government and for otherwise bringing this Act into operation.
(2) The Irish Legislature shall be summoned to meet on thefirst Tuesday in September, one thousand eight hundred and ninety-four, and the first election of members of the two Houses of the Irish Legislature shall be held at such time before that day as may be fixed by Her Majesty in Council.
(3) Upon the first meeting of the Irish Legislature the members of the House of Commons then sitting for Irish constituencies, including the members for Dublin University, shall vacate their seats, and writs shall, as soon as conveniently may be, be issued by the Lord Chancellor of Ireland for the purpose of holding an election of members to serve in Parliament for the constituencies named in the Second Schedule of this Act.
(4) The existing Chief Baron of the Exchequer, and the senior of the existing puisne judges of the Exchequer Division of the Supreme Court, or if they or either of them are or is dead or unable or unwilling to act, such other of the judges of the Supreme Court as Her Majesty may appoint, shall be the first Exchequer judges.
(5) Where it appears to Her Majesty the Queen in Council, before the expiration ofone yearafter the appointed day, that any existing enactment respecting matters within the powers of the Irish Legislature requires adaptation to Ireland, whether—
(a) By the substitution of the Lord-Lieutenant in Council, or of any departments or office of the Executive Government in Ireland, for Her Majesty in Council, a Secretary of State, the Treasury, the Postmaster-General, the Board of Inland Revenue, or other public department or offices in Great Britain; or(b) By the substitution of the Irish Consolidated Fund or moneys provided by the Irish Legislature for the Consolidated Fund of the United Kingdom, or moneys provided by Parliament, or(c) By the substitution or confirmation by, or other act to be done by or to, the Irish Legislature for confirmation by or other act to be done by or to Parliament; or(d) By any other adaptation; Her Majesty, by Order in Council, may make that adaptation.
(a) By the substitution of the Lord-Lieutenant in Council, or of any departments or office of the Executive Government in Ireland, for Her Majesty in Council, a Secretary of State, the Treasury, the Postmaster-General, the Board of Inland Revenue, or other public department or offices in Great Britain; or
(b) By the substitution of the Irish Consolidated Fund or moneys provided by the Irish Legislature for the Consolidated Fund of the United Kingdom, or moneys provided by Parliament, or
(c) By the substitution or confirmation by, or other act to be done by or to, the Irish Legislature for confirmation by or other act to be done by or to Parliament; or
(d) By any other adaptation; Her Majesty, by Order in Council, may make that adaptation.
(6) Her Majesty the Queen in Council may provide for the transfer of such property, rights, and liabilities, and the doing of such other things as may appear to Her Majesty necessary or proper for carrying into effect this Act or any Order in Council under this Act.
(7) An Order in Council under this section may make an adaptation or provide for a transfer either unconditionally or subject to such exceptions, conditions, and restrictions as may seem expedient.
(8) The draft of every Order in Council under this section shall be laid before both Houses of Parliament for not less than two months before it is made, and such order when made shall, subject as respects Ireland to the provisions of an Irish Act, have full effect, but shall not interfere with the continued application to any place, authority, person, or thing, not in Ireland, of the enactment to which the Order relates.
Continuance of existing laws, courts, offices, etc.Appointed day.
37.—Except as otherwise provided by this Act, allexisting laws, institutions, authorities, and officers in Ireland, whether judicial, administrative, or ministerial, and all existing taxes in Ireland shall continue as if this Act had not passed, but with the modifications necessary for adapting the same to this Act, and subject to be repealed, abolished, altered, and adapted in the manner and to the extent authorised by this Act.
38.—Subject as in this Act mentioned the appointed day for the purposes of this Act shall be the day of the first meeting of the Irish Legislature, or such other day not more thansevenmonths earlier or later as may be fixed by order of Her Majesty in Council either generally or with reference to any particular provision of this Act, and different days may be appointed for different purposes and different provisions of this Act, whether contained in the same section or in different sections.
Definitions.
39.—In this Act unless the context otherwise requires—
The expression ‘existing’ means existing at the passing of this Act.The expression ‘constituency’ means a parliamentary constituency or a county or borough returning a member or members to serve in either House of the Irish Legislature, as the case requires, and the expression ‘parliamentary constituency’ means any county, borough, or university returning a member or members to serve in Parliament.The expression ‘parliamentary elector’ means a person entitled to be registered as a voter at a parliamentary election.The expression ‘parliamentary election’ means the election of a member to serve in Parliament.The expression ‘tax’ includes duties and fees, and the expression ‘duties of excise’ does not include licence duties.The expression ‘foreign mails’ means all postal packets, whether letters, parcels, or other packets, posted in the United Kingdom and sent to a place out of the United Kingdom, or posted in a place out of the United Kingdom and sent to a place in the United Kingdom, or in transit through the United Kingdom to a place out of the United Kingdom.The expression ‘telegraphic line’ has the same meaning as in the Telegraphs Acts, 1863 to 1892.The expression ‘duties on postage’ includes all rates and sums chargeable for or in respect of postal packets, money orders, or telegrams, or otherwise under the Post-office Acts or the Telegraph Act, 1892.The expression ‘Irish Act’ means a law made by the Irish Legislature.
The expression ‘existing’ means existing at the passing of this Act.
The expression ‘constituency’ means a parliamentary constituency or a county or borough returning a member or members to serve in either House of the Irish Legislature, as the case requires, and the expression ‘parliamentary constituency’ means any county, borough, or university returning a member or members to serve in Parliament.
The expression ‘parliamentary elector’ means a person entitled to be registered as a voter at a parliamentary election.
The expression ‘parliamentary election’ means the election of a member to serve in Parliament.
The expression ‘tax’ includes duties and fees, and the expression ‘duties of excise’ does not include licence duties.
The expression ‘foreign mails’ means all postal packets, whether letters, parcels, or other packets, posted in the United Kingdom and sent to a place out of the United Kingdom, or posted in a place out of the United Kingdom and sent to a place in the United Kingdom, or in transit through the United Kingdom to a place out of the United Kingdom.
The expression ‘telegraphic line’ has the same meaning as in the Telegraphs Acts, 1863 to 1892.
The expression ‘duties on postage’ includes all rates and sums chargeable for or in respect of postal packets, money orders, or telegrams, or otherwise under the Post-office Acts or the Telegraph Act, 1892.
The expression ‘Irish Act’ means a law made by the Irish Legislature.
26 & 27 Vict. c. 112. 41 & 42 Vict. c. 76. 55 & 56 Vict. c. 59. 7 Will. 4, and 1 Vict. c. 36. 32 & 33 Vict. c. 73. 48 & 49 Vict. c. 58.Short title.
The expression ‘election laws’ means the laws relating to the election of members to serve in Parliament, other than those relating to the qualification of electors, and includes all the laws respecting the registration of electors, the issue and execution of writs, the creation of polling districts, the taking of the poll, the questioning of elections, corrupt and illegal practices, the disqualification of members, and the vacating of seats.The expression ‘rateable value’ means the annual rateable value under the Irish Valuation Acts.The expression ‘salary’ includes remuneration, allowances, and emoluments.The expression ‘pension’ includes superannuation allowance.
The expression ‘election laws’ means the laws relating to the election of members to serve in Parliament, other than those relating to the qualification of electors, and includes all the laws respecting the registration of electors, the issue and execution of writs, the creation of polling districts, the taking of the poll, the questioning of elections, corrupt and illegal practices, the disqualification of members, and the vacating of seats.
The expression ‘rateable value’ means the annual rateable value under the Irish Valuation Acts.
The expression ‘salary’ includes remuneration, allowances, and emoluments.
The expression ‘pension’ includes superannuation allowance.
40.—This Act may be cited as the Irish Government Act, 1893.
SCHEDULES.
First Schedule: Legislative Council—Constituencies and Number of Councillors.
The expression ‘borough’ in this schedule means an existing parliamentary borough. Counties of cities and towns not named in this Schedule shall be combined with the county at large in which they are included for Parliamentary elections, and if not so included, then with the county at large bearing the same name.
A borough named in this Schedule shall not for the purposes of this Schedule form part of any other constituency.
Second Schedule: Irish Members in the House of Commons.
(1) In this Schedule the expression ‘borough’ means an existing parliamentary borough.
(2) In the parliamentary boroughs of Belfast and Dublin, one member shall be returned by each of the existing parliamentary divisions of those boroughs, and the law relating to the divisions of boroughs shall apply accordingly.
(3) The county of Cork shall be divided into two divisions, consisting of the East Riding and the West Riding, and three members shall be elected by the East Riding, and two members shall be elected by the West Riding; and the law relating to divisions of counties shall apply to these divisions.
Third Schedule: Finance-Imperial Liabilities, Expenditure, and Miscellaneous Revenue.
Liabilities.
For the purposes of this Act, ‘Imperial liabilities’ consist of:—
(1) The funded and unfunded debt of the United Kingdom, inclusive of terminable annuities paid out of the permanent annual charge for the National Debt, and inclusive of the cost of the management of the said funded and unfunded debt, but exclusive of the Local Loans Stock and Guaranteed Land Stock, and the cost of the management thereof; and
(2) All other charges on the Consolidated Fund of the United Kingdom for the repayment of borrowed money, or to fulfil a guarantee.
Expenditure.
For the purpose of this Act Imperial expenditure consists of expenditure for the following services:—
1. Naval and military expenditure (including Greenwich Hospital).
2. Civil expenditure, that is to say—
(a) Civil list and Royal family.(b) Salaries, pensions, allowances, and incidental expenses of—(i.) Lord-Lieutenant of Ireland.(ii.) Exchequer judges in Ireland.(c) Buildings, works, salaries, pensions, printing, stationery, allowances, and incidental expenses of—(i.) Parliament;(ii.) National Debt Commissioners;(iii.) Foreign Office and diplomatic and consular service, including secret service, special services, and telegraph subsidies;(iv.) Colonial Office, including special services and telegraph subsidies;(v.) Privy Council;(vi.) Board of Trade, including the Mercantile Marine Fund, Patent Office, Railway Commission, and Wreck Commission, but excluding Bankruptcy;(vii.) Mint;(viii.) Meteorological Society;(ix.) Slave trade service.(d) Foreign mails and telegraphic communication with places outside the United Kingdom.
(a) Civil list and Royal family.
(b) Salaries, pensions, allowances, and incidental expenses of—
(i.) Lord-Lieutenant of Ireland.(ii.) Exchequer judges in Ireland.
(i.) Lord-Lieutenant of Ireland.
(ii.) Exchequer judges in Ireland.
(c) Buildings, works, salaries, pensions, printing, stationery, allowances, and incidental expenses of—
(i.) Parliament;
(ii.) National Debt Commissioners;(iii.) Foreign Office and diplomatic and consular service, including secret service, special services, and telegraph subsidies;(iv.) Colonial Office, including special services and telegraph subsidies;(v.) Privy Council;(vi.) Board of Trade, including the Mercantile Marine Fund, Patent Office, Railway Commission, and Wreck Commission, but excluding Bankruptcy;(vii.) Mint;(viii.) Meteorological Society;(ix.) Slave trade service.
(ii.) National Debt Commissioners;
(iii.) Foreign Office and diplomatic and consular service, including secret service, special services, and telegraph subsidies;
(iv.) Colonial Office, including special services and telegraph subsidies;
(v.) Privy Council;
(vi.) Board of Trade, including the Mercantile Marine Fund, Patent Office, Railway Commission, and Wreck Commission, but excluding Bankruptcy;
(vii.) Mint;
(viii.) Meteorological Society;
(ix.) Slave trade service.
(d) Foreign mails and telegraphic communication with places outside the United Kingdom.
Revenue.
For the purposes of this Act the public revenue to a portion of which Ireland may claim to be entitled consists of revenue from the following sources:—
1. Suez Canal shares or payments on account thereof.
2. Loans and advances to foreign countries.
3. Annual payments by British possessions.
4. Fees, stamps, and extra receipts received by departments, the expenses of which are part of the Imperial expenditure.
5. Small branches of the hereditary revenues of the Crown.
6. Foreshores.
Fourth Schedule: Provisions as to Post Office.
(1) The Postmaster-General shall pay to the Irish Post Office in respect of any foreign mails sent through Ireland and the Irish Post Office shall pay to the Postmaster-General in respect of any foreign mails sent through Great Britain, such sum as may be agreed upon for the carriage of those mails in Ireland or Great Britain, as the case may be.
(2) The Irish Post Office shall pay to the Postmaster-General;
(i.) One-half of the expense of the packet service and submarine telegraph lines between Great Britain and Ireland after deducting from that expense of the sum fixed by the Postmaster-General as incurred on account of foreign mails or telegraphic communication with a place out of the United Kingdom, as the case may be; and(ii.) Five per cent. of the expenses of the conveyance outside the United Kingdom of foreign mails, and of the transmission of telegrams to places outside the United Kingdom; and(iii.) Such proportion of the receipts for telegrams to places out of the United Kingdom as is due in respect of the transmission outside the United Kingdom of such telegrams.
(i.) One-half of the expense of the packet service and submarine telegraph lines between Great Britain and Ireland after deducting from that expense of the sum fixed by the Postmaster-General as incurred on account of foreign mails or telegraphic communication with a place out of the United Kingdom, as the case may be; and
(ii.) Five per cent. of the expenses of the conveyance outside the United Kingdom of foreign mails, and of the transmission of telegrams to places outside the United Kingdom; and
(iii.) Such proportion of the receipts for telegrams to places out of the United Kingdom as is due in respect of the transmission outside the United Kingdom of such telegrams.
(3) The Postmaster-General and the Irish Post Office respectively shall pay to the other of them on account of foreign money orders, of compensation in respect of postal packets, and of any matters not specifically provided for in this Schedule, such sums as may be agreed upon.
(4) Of the existing debt incurred in respect of telegraphs, a sum of five hundred and fifty thousand pounds, two and three quarters per cent. Consolidated Stock shall be treated as debt of the Irish Post Office, and for paying the dividends on and redeeming such stock there shall be paid half-yearly by the Irish Exchequer to the Exchequer of the United Kingdom an annuity ofeighteenthousand pounds forsixtyyears, and such annuity when paid intothe Exchequer shall be forthwith paid to the National Debt Commissioners and applied for the reduction of the National Debt.
(5) The Postmaster-General and the Irish Post Office may agree on the facilities to be afforded by the Irish Post Office in Ireland in relation to any matters the administration of which by virtue of this Act remains with the Postmaster-General, and with respect to the use of the Irish telegraphic lines for through lines in connection with submarine telegraphs, or with telegraphic communication with any place out of the United Kingdom.
Fifth Schedule: Regulations as to Gratuities and Pensions for Civil Servants.
Sixth Schedule:
Part I.—Regulations as to Establishment of Police Forces and as to the Royal Irish Constabulary and Dublin Metropolitan Police ceasing to exist.
Part I.—Regulations as to Establishment of Police Forces and as to the Royal Irish Constabulary and Dublin Metropolitan Police ceasing to exist.
(1) Such local police forces shall be established under such local authorities and for such counties, municipal boroughs, or other larger areas, as may be provided by Irish Act.
(2) Whenever the Executive Committee of the Privy Council in Ireland certify to the Lord-Lieutenant that a police force, adequate for local purposes, has been established in any area, then, subject to the provisions of this Act, he shall within six months thereafter direct the Royal Irish Constabulary to be withdrawn from the performance of regular police duties in such area, and such order shall be forthwith carried into effect.
(3) Upon any such withdrawal the Lord-Lieutenant shall order measures to be taken for a proportionate reduction of the numbers of the Royal Irish Constabulary, and such order shall be duly executed.
(4) Upon the Executive Committee of the Privy Councilin Ireland certifying to the Lord-Lieutenant that adequate local police forces have been established in every part of Ireland, then subject to the provisions of this Act, the Lord-Lieutenant shall within six months after such certificate, order measures to be taken for causing the whole of the Royal Irish Constabulary to cease to exist as a police force, and such order shall be duly executed.
(5) Where the area in which a local police force is established is part of the Dublin Metropolitan Police District, the foregoing regulations shall apply to the Dublin Metropolitan Police in like manner as if that force were the Royal Irish Constabulary.
Part II.—Regulations as to Gratuities and Pensions for the Royal Irish Constabulary and Dublin Metropolitan Police.
Part II.—Regulations as to Gratuities and Pensions for the Royal Irish Constabulary and Dublin Metropolitan Police.
Seventh Schedule: Regulations as to Houses of the Legislature and the Members thereof.
Legislative Council.
(1) There shall be a separate register of electors of councillors of the Legislative Council which shall be made, until otherwise provided by Irish Act, in like manner as the Parliamentary register of electors.
(2) Where, for the election of Councillors, any counties are combined so as to form one constituency, then until otherwise provided by Irish Act,
(a) The returning officer for the whole constituency shall be that one of the returning officers for Parliamentary elections for those counties to whom the writ is addressed, and the writ shall be addressed to the returning officer for the constituency with the largest population, according to the census of 1891.(b) The returning officer shall have the same authority throughout the whole constituency as a returning officer to a Parliamentary election for a county has in the county.(c) The registers of electors of each county shall jointly be the register of electors for the constituency.(d) For the purposes of this Schedule ‘county’ includes a county of a city or town, and this Schedule, and the law relating to the qualification of electors, shall apply, as if the county of a city or town formed part of the county at large with which it is combined, and the qualification in the county of a city or town shall be the same as in such county at large.
(a) The returning officer for the whole constituency shall be that one of the returning officers for Parliamentary elections for those counties to whom the writ is addressed, and the writ shall be addressed to the returning officer for the constituency with the largest population, according to the census of 1891.
(b) The returning officer shall have the same authority throughout the whole constituency as a returning officer to a Parliamentary election for a county has in the county.
(c) The registers of electors of each county shall jointly be the register of electors for the constituency.
(d) For the purposes of this Schedule ‘county’ includes a county of a city or town, and this Schedule, and the law relating to the qualification of electors, shall apply, as if the county of a city or town formed part of the county at large with which it is combined, and the qualification in the county of a city or town shall be the same as in such county at large.
(3) Writs shall be issued for the election of councillors at such time not less than one or more than three months before the day for the periodical retirement of councillors as the Lord-Lieutenant in Council may fix.
(4) The day for the periodical retirement of councillors shall, until otherwise provided by Irish Act, be the last day of August in every fourth year.
(5) For the purposes of such retirement, the constituencies shall be divided into two equal divisions, and the constituencies in each province shall be divided as nearly as may be equally between those divisions, and constituencies returning two or more members shall be treated as two or more constituencies, and placed in both divisions.
(6) Subject as aforesaid, the particular constituencies which are to be in each division shall be determined by lot.
(7) The said division and lot shall be made and conducted before the appointed day in manner directed by the Lord-Lieutenant in Council.
(8) The first councillors elected for the constituencies in the first division shall retire on the first day of retirement which occurs after the first meeting of the Irish Legislature, and the first councillors for the constituencies in the second division shall retire on the second day of retirement after that meeting.
(9) Any casual vacancy among the councillors shall be filled by a new election, but the councillor filling the vacancy shall retire at the time at which the vacating councillor would have retired.
Legislative Assembly.
(10) The Parliamentary register of electors for the time being shall, until otherwise provided by Irish Act, be the register of electors of the Legislative Assembly.
Both Houses.
(11) Until otherwise provided by Irish Act, the Lord-Lieutenant in Council may make regulations for adapting the existing election laws to the election of members of the two Houses of the Legislature.
(12) Annual sessions of the Legislature shall be held.
(13) Any peer, whether of the United Kingdom, Great Britain, England, Scotland, or Ireland, shall be qualified to be a member of either House.
(14) A member of either House may by writing under his hand resign his seat, and the same shall thereupon be vacant.
(15) The same person shall not be a member of both Houses.
(16) Until otherwise provided by Irish Act, if the same person is elected to a seat in each House, he shall, before the eighth day after the next sitting of either House, by written notice, elect in which House he will serve, and upon such election his seat in the other House shall be vacant, and if he does not so elect, his seat in both Houses shall be vacant.
(17) Until otherwise provided by Irish Act, any such notice electing in which House a person will sit, or any notice of resignation, shall be given in manner directed by the Standing Orders of the Houses, and if there is no such direction, shall be given to the Lord-Lieutenant.
(18) The powers of either House shall not be affected by any vacancy therein, or any defect in the election or qualification of any member thereof.
(19) Until otherwise provided by Irish Act, the holders of such Irish offices as may be named by Order of the Queen in Council before the appointed day, shall be entitled to be elected to and sit in either House, notwithstandingthat they hold offices under the Crown, but on acceptance of any such office the seat of any such person in either House shall be vacated unless he has accepted the office in succession to some other of the said offices.
Transitory.
(20) The Lord-Lieutenant in Council may, before the appointed day, make regulations for the following purposes:—
(a) The making of a register of electors of councillors in time for the election of the first councillors, and with that object for the variation of the days relating to registration in the existing election laws, and for prescribing the duties of officers, and for making such adaptations of those laws as appear necessary or proper for duly making a register;(b) The summoning of the two Houses of the Legislature of Ireland, the issue of writs and any other things appearing to be necessary or proper for the election of members of the two Houses;(c) The election of a chairman (whether called Speaker, President, or by any other name) of each House, the quorum of each House, the communications between the two Houses, and such adaptation to the proceedings of the two Houses of the procedure of Parliament, as appears expedient for facilitating the conduct of business by those Houses on their first meeting;(d) The adaptation to the two Houses and the members thereof of any laws and customs relating to the House of Commons or the members thereof;(e) The deliberation and voting together of the two Houses in cases provided by this Act.
(a) The making of a register of electors of councillors in time for the election of the first councillors, and with that object for the variation of the days relating to registration in the existing election laws, and for prescribing the duties of officers, and for making such adaptations of those laws as appear necessary or proper for duly making a register;
(b) The summoning of the two Houses of the Legislature of Ireland, the issue of writs and any other things appearing to be necessary or proper for the election of members of the two Houses;
(c) The election of a chairman (whether called Speaker, President, or by any other name) of each House, the quorum of each House, the communications between the two Houses, and such adaptation to the proceedings of the two Houses of the procedure of Parliament, as appears expedient for facilitating the conduct of business by those Houses on their first meeting;
(d) The adaptation to the two Houses and the members thereof of any laws and customs relating to the House of Commons or the members thereof;
(e) The deliberation and voting together of the two Houses in cases provided by this Act.
(21) The regulations maybe altered by Irish Act, and also in so far as they concern the procedure of either House alone, by Standing Orders of that House, but shall, until altered, have effect as if enacted in this Act.
From the ‘Memoirs of the late Lord Selborne’
(Part ii. pp. 261-263).
... Each new step Gladstone takes is, as it seems to me, more and more on the side ofmoralas well as political evil. Much as I disapproved of his surrender of last year to Parnell, I disapprove very much more of his present endeavour to prevent the restoration in the present stage of the Home Rule question, of the reign of law in Ireland, and of themeanshe is attempting to use forthatpurpose. Deliberate and organised obstruction in the House of Commons, and an attempt to overrule a majority against him there, of more than one hundred, by violent appeals to popular passions outside,—those appeals being supported by representing the cause of anarchy and conspiring against law as the cause of liberty,—by denying the existence of any case for strengthening the law, in the face of a complete and manifest paralysis of law by the power of a seditious organisation, into whose scale he has now thrown his whole influence,—and by denouncing, in the most violent terms, the principle of measures for the protection of the loyal, and for securing the due administration of justice, which are the same (in their general character, for it is not necessary here to go into questions of detail) with those by means of which he himself governed Ireland for the last years of his power, and far more consistent with all real ideas of liberty than the suspension of the Habeas Corpus Act, which he introduced in 1881. It was quite open to him (of course) to contend that, by the acceptance of his Home Rule scheme, the necessity for any such measures might be prevented, and that he prefers and insists upon that alternative,—so much asthatwas involved in his measures of last year; but it is quite a differentthing to denounce the principle of maintaining law and government, and defending those who respect and obey law from the tyranny of conspirators against it, and making the ordinary criminal law of the country a reality and not a mere idle name,—‘as coercion,’ in the sense of an undue invasion of liberty. To do this, and to appealad populumagainst it from an overwhelming majority in Parliament isAcheronta movere, with a vengeance.... For a man who, with his attainments, his experience, his professions, his fifty years’ public service, his political education under some of the greatest and best men of the time, has three times filled the highest office in the State, and is now on the verge of the grave, so to end his career, seems to me more shocking and disheartening than anything else recorded in our history. It is only the old respect, and old attachment, which makes one search about for the possible explanations, in the workings of a very complex and intricate mind. If (as I trust) the Government and the House of Commons stand firm, all his efforts in the cause of anarchy will be in vain. The clause as to removing trials to England may have to be given up; but thepermanenceof the Bill (its best feature of all) must remain, if any good is to be done.
... I will spare you a long yarn about politics this time. The G.O.M. seems to be determined to pull the whole Irish house down, parliamentary government and all, unless he can have his own way. But I have no fear that hewillhave his way, just at present, whatever harm he may do in the endeavour. But the struggle is very disagreeable, as well as sharp.
Report of Special Commission(Vol. iv. pp. 544, 545).
Conclusions of the Report of the Judges.
We have now pursued our inquiry over a sufficiently extended period to enable us to report upon the several charges and allegations which have been made against the respondents, and we have indicated in the course of this statement our findings upon these charges and allegations, but it will be convenient to repeatseriatimthe conclusions we have arrived at upon the issues which have been raised for our consideration.
I. We find that the respondent members of Parliament collectively were not members of a conspiracy having for its object to establish the absolute independence of Ireland, but we find that some of them, together with Mr. Davitt, established and joined in the Land League organisation with the intention by its means to bring about the absolute independence of Ireland as a separate nation. The names of these respondents are set out on a previous page.
II. We find that the respondents did enter into a conspiracy by a system of coercion and intimidation to promote an agrarian agitation against the payment of agricultural rents, for the purpose of impoverishing and expelling from the country the Irish landlords who were styled the ‘English Garrison.’
III. We find that the charge that ‘when on certain occasions they thought it politic to denounce, and did denounce, certain crimes in public they afterwards led their supporters to believe such denunciations were not sincere’ is not established. We entirely acquit Mr. Parnell and the other respondents of the charge of insincerity in their denunciation of the Phœnix Park murders, and find that the ‘facsimile’ letters on which this charge was chiefly based as against Mr. Parnell is a forgery.
IV. We find that the respondents did disseminate theIrish Worldand other newspapers tending to incite to sedition and the commission of other crime.
V. We find that the respondents did not directly incite persons to the commission of crime other than intimidation, but that they did incite to intimidation, and that the consequence of that incitement was that crime and outrage were committed by the persons incited. We find that it has not been proved that the respondents made payments for the purpose of inciting persons to commit crime.
VI. We find as to the allegation that the respondents did nothing to prevent crime and expressed nobonâ fidedisapproval, that some of the respondents, and in particular Mr. Davitt, did expressbonâ fidedisapproval of crime and outrage, but that the respondents did not denounce the system of intimidation which led to crime and outrage, but persisted in it with knowledge of its effect.
VII. We find that the respondents did defend persons charged with agrarian crime, and supported their families, but that it has not been proved that they subscribed to testimonials for, or were intimately associated with, notorious criminals, or that they made payments to procure the escape of criminals from justice.
VIII. We find, as to the allegation that the respondents made payments to compensate persons who had been injured in the commission of crime, that they did make such payments.
IX. As to the allegation that the respondents invited the assistance and co-operation of and accepted subscriptions of money from known advocates of crime and the use of dynamite, we find that the respondents did invite the assistance and co-operation of and accepted subscriptions of money from Patrick Ford, a known advocate of crime and the use of dynamite, but that it has not been proved that the respondents, or any of them, knew that the Clan-na-Gael controlled the League or was collecting money for the Parliamentary Fund. It has been proved that the respondents invited and obtained the assistance and co-operation of the Physical Force Party in America, including the Clan-na-Gael, and in order to obtain that assistance, abstained from repudiating or condemning the action of that party.