ntly
be thus described.
It extends to all legal proceedings in Ireland which
(i) are instituted at the instance of or against the Treasury or
Commissioners of Customs, or any of their officers, or
(ii) relate to the election of members to serve in [the Imperial]
Parliament, or
(iii) touch any matter not within the powers of the Irish
Legislature, or
(iv) touch any matter affected by a law which the Irish Legislature
have not power to repeal or alter.
It is possible that sub-clause (4) gives the Exchequer Judges a much
wider jurisdiction than is intended by the authors of the Home Rule
Bill, and the strictures which have been made on this sub-clause deserve
attention. My purpose, however, is not to criticise the details of the
Home Rule Bill or to suggest amendments thereto. Its fundamental
principle is, in the eyes of every Unionist, unsound, and the Bill
itself therefore unamendable. My object is simply to describe and
criticise the general constitutional provisions of the Bill and to show
their bearing and effect.
[82] Compare _England's Case_ (3rd ed.), pp. 258, 259.
[83] See _England's Case_ (3rd ed.), pp. 214-218.
[84] See Home Rule Bill, clause 3, sub-clause (7) (p. 198, _post_), and
compare same clause slightly amended, in Bill, as sent up to the House
of Lords, sub-clause (8).
[85] These strictures on the financial arrangements which were to exist
between England and Ireland apply directly to the Home Rule Bill as
introduced into the House of Commons, but they are less applicable to
the Bill as amended, more or less in favour of Ireland, before the Bill
was sent up to the House of Lords. Compare clause 10 of the original
Bill with clause 11 of the Bill as amended and brought up to the House
of Lords.
[86] Bill, clauses 14, 15, and 16. [Compare with these clauses of the
original Bill clauses 13, 14, 15, and 16 of the Bill as amended before
being sent to the House of Lords.]
[87] See Fiske, _Critical Period of American History_, chs. iii. and iv.
[88] See, _e.g._, letter of Mr. Clancy, M.P., on the Financial Clauses of
the Home Rule Bill, _Manchester Guardian_, April 4, 1893.
[89] Bill, clause 15.
[90] See pp. 72 and 82, _ante_.
[91] See pp. 79, 80, _ante_.
[92] _Souvenirs de Alexis de Tocqueville_, p. 63.
[93] The reader should note the history of the insurrection in Ticino
during 1891. It is quite clear that the Liberals of Ticino
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