ct does not mention the Governor's
"instructions," but only his "discretion."
[171] British North America Act, 1867, Sects. 55-57; Commonwealth of
Australia Constitution Act, 1900, Sects. 58-60.
[172] See especially pp. 213-229.
[173] See pp. 223-225.
[174] Taken from Amendment XIV. to the United States Constitution,
passed July 28, 1866.
[175] British North America Act, 1867, Sect. 92 (13). But the Province
may not encroach on powers reserved to the Dominion--e.g., in bankruptcy
(Gushing v. Depuy [before Jud. Comm. of Privy Council]). See the
"Constitution of Canada," J.E.C. Munro, pp. 247-253. There has been much
litigation over points where Dominion and Federal powers overlapped.
(See "Federations and Unions of the British Empire," H.E. Egerton, pp.
151-153).
[176] For the proposals of the Bills of 1886 and 1893, see Appendix.
[177] South Africa Act, 1909, Sects. 24 and 25.
[178] See pp. 155-162.
[179] See Pamphlet No. 17, published by Proportional Representation
Society, and an excellent paper by Mr. J.F. Williams in "Home Rule
Problems."
[180] Cd. 5741, 1911, pp. 46-51.
[181] See Appendix and the Bill of 1886, Clause 25; Bill of 1893, Clause
22.
[182] 54 and 55 Vict., Ch. 25, Sect. 4.
[183] Courts of Admiralty in the Colonies are regulated by Imperial
Acts, though by an Act of 1890 large powers were conferred on the
Colonies of declaring ordinary Courts to be Courts of Admiralty (see
Moore's "Commonwealth of Australia," pp. 11 and 251).
[184] See Clauses 27-30 of the Bill of 1886, and Clauses 25-28 of the
Bill of 1893.
[185] See the Precis of Proceedings, Cd. 5741, 1911.
[186] See pp. 225-227.
[187] See Section 128 of the Australia Constitution Act, 1900, and
Section 152 of the South Africa Act, 1909.
CONCLUSION
Is it altogether idle to hope that some such body will yet come into
existence, if not in time to influence the drafting of the Bill, at any
rate to bring to bear upon its provisions the sober wisdom, not of one
party only in the State, but of all; and so, if it were possible, to
give to the charter of Ireland in her "new birth of freedom" the
sanction of a united people?
Home Rule will eventually come. Within the Empire, the utmost achieved
by the government of white men without their own consent is to weaken
their capacity to assume the sacred responsibility of self-government.
It is impossible to kill the idea of Home Rule, though it is possible,
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