FIRST EDITION _June_ 1893 _Reprinted_ _June_ 1893 SECOND EDITION _July_ 1911 THIRD EDITION _January_ 1912

A LEAP IN THE DARK

A CRITICISM OF THE PRINCIPLES OF HOME RULE AS ILLUSTRATED BY THE BILL OF 1893

By A.V. DICEY K.C., HON. D.C.L.

FELLOW OF ALL SOULS COLLEGE; FORMERLY VINERIAN PROFESSOR OF ENGLISH LAW IN THE UNIVERSITY OF OXFORD; AUTHOR OF 'ENGLAND'S CASE AGAINST HOME RULE,' 'THE VERDICT,' 'AN INTRODUCTION TO THE STUDY OF THE LAW OF THE CONSTITUTION'

LONDON JOHN MURRAY, ALBEMARLE STREET, W. 1912

TO IRISH UNIONISTS WHOSE NOBLE AND STRENUOUS DEFENCE OF THEIR OWN RIGHTS AND LIBERTIES AS CITIZENS OF GREAT BRITAIN AND IRELAND WILL I TRUST PRESERVE THE POLITICAL UNITY OF THE UNITED KINGDOM

PREFACE TO FIRST EDITION

This book is not a disquisition on the details of the Home Rule Bill. It is an examination into the leading principles of the Bill with a view to establishing two conclusions. The first is, that the Home Rule Bill, though nominally a measure for the government of Ireland, contains in reality a New Constitution for the whole United Kingdom. The second is, that this New Constitution must work injury both to England and to Ireland, and instead of 'closing a controversy of seven hundred years, opens a constitutional revolution. The whole aim, in short, of the book is by the collection together of arguments which separately have been constantly used by Unionist statesmen, to warn the people of England against a leap in the dark.

A.V. DICEY.

OXFORD: _May_ 1893.

CONTENTS

CHAPTER I OLD AND NEW CONSTITUTION

Home Rule Bill a New Constitution for United Kingdom, p. 1.--The present constitution, p. 2: 1. Effective authority of Parliament throughout United Kingdom, p. 2: Distinction between supremacy of Parliament in United Kingdom and supremacy of Parliament in Colonies, p. 4: 2. Absence of federalism, p. 6: The New Constitution, p. 8: 1. Abolition in Ireland of effective authority of Imperial Parliament, ib.: 2. Introduction of federalism, p. 13.--Features of federalism, p. 15: Restrictions on Irish (State) Parliament, ib.: Imperial (federal) Parliament, ib.: Means for enforcement of federal compact, ib.: Recognition of federal spirit, p. 17.--Importance of change in constitution, p. 19.--The New Constitution an unknown constitution, p. 19.

CHAPTER II THE NEW CONSTITUTION

The four essential characteristics of the New Constitution, p. 21.--Supremacy of Parliament maintained, p. 22.--What is meaning of supremacy of Imperial Parliament? p. 23: What it does not mean, ib.: What it does mean, p. 24.--Real effect of reserved supremacy, p. 28.--Peril arising from ambiguity of supremacy of Parliament, p. 30.--Retention of Irish members at Westminster, p. 32.--Change of Gladstonian opinion, p. 33.--Presence of the Irish members involves ruin to Ireland, pp. 33, 34.--Mr. John Morley's opinion, p. 39.--Weakness of England, p, 41. Mr. Morley's opinion, p. 41.--Manner in which England weakened,

Table of contents (by pages)

• 1: A Leap in the Dark by Albert Venn Dicey
• 2: Presumption that Ireland cannot nullify Restrictions
• 3: General Gladstonian objections
• 4: And ending with the complete victory of the Unionists
• 5: That the leaders of the Coalition
• 6: Harassed the Parliament of 1893
• 7: Attempt to undermine the political predominance of England
• 8: But deprive England or Great Britain
• 9: Subject to stringent and incessant Parliamentary supervision
• 10: It is the Parliament of New Zealand
• 11: But they have never formed a Scottish party
• 12: The Irish Parliament alone will legislate for Ireland
• 13: On Imperial subjects the Imperial Parliament
• 14: 24 The federal arrangements which
• 15: Will revolutionise the public life of the United Kingdom
• 16: The title of the Parliament of Victoria
• 17: The supremacy of the Imperial Parliament
• 18: ' the Imperial Parliament will
• 19: Be he Parnellite or Anti Parnellite
• 20: 34 This natural supremacy will
• 21: Let the ingenuity of Gladstonians reconcile
• 22: Whether Unionists or Home Rulers
• 23: These Restrictions are the comfort of English Gladstonians
• 24: But are chosen directly by Irish constituencies
• 25: A legislative body in Dublin passes a Bill
• 26: Or rather the Irish delegation
• 27: And Scottish parties and Irish parties
• 28: Partisanship knows nothing of moderation
• 29: If the Unionists constitute a majority of the House
• 30: Or rather the British Ministry
• 31: For this surrender Gladstonians assign but two reasons
• 32: They were published in 1887 at a time when no Gladstonian
• 33: Which Unionists hold of inestimable value
• 34: Has this fact arrested the attention of Gladstonians
• 35: And that the police had been inactive
• 36: Or judicial appointments to Nationalists
• 37: Directs the Irish Administration
• 38: Of the Irish Parliament are in some respects restricted
• 39: The Restrictions or Safeguards and the Obligations I
• 40: Who may not tremble in fear of ex post facto legislation
• 41: You may sanction breach of faith
• 42: Constitutional or unconstitutional
• 43: The Privy Council pronounce the Act void
• 44: Suppose that A is Lord Clanricarde
• 45: Cannot be altered that most Home Rulers are Protectionists
• 46: If every taxable article were smuggled into Ireland
• 47: Appear rent or tribute payable to Great Britain
• 48: Give tacit encouragement to smuggling
• 49: A weak Ministry depending on Irish votes rules
• 50: The nominal sovereignty of the Imperial Parliament
• 51: A sovereign of any kind can abdicate
• 52: On the retention of the Irish members
• 53: 42 Now Lord Morley of Blackburn
• 54: For even under that Bill the Imperial Parliament i
• 55: Compare the Home Rule Bill 1893
• 56: The men thus trained and drilled could not
• 57: The power to disallow an Irish Act which
• 58: And compare same clause slightly amended
• 59: A final settlement of the Irish question
• 60: Though it may be the most numerous class of Irishmen
• 61: Irish content and satisfaction must
• 62: Whether Gladstonian or Unionist
• 63: At Westminster the Irish members
• 64: To Westminster the Irish members will come
• 65: The supremacy of the Imperial Parliament
• 66: And the triumph of Parnellism is the triumph of conspiracy
• 67: Because their guilt is due to misgovernment in the past
• 68: Sexton see Times Parliamentary Debates
• 69: They also foretold that the civilised world would
• 70: Foundation of the case in favour of Gladstonian policy
• 71: The Ireland of Grattan was loyal to England
• 72: If Irishmen of one class are discontented
• 73: The Criminal Law and Procedure Ireland Act
• 74: It is necessary to keep the Gladstonian Liberals in office
• 75: Further safeguards may be provided
• 76: By one Gladstonian reasoner or another
• 77: Where federalism has succeeded
• 78: New Zealand has never been hostile to England
• 79: Urged the rights of the lawful government of Ticino
• 80: By arrangement between the Melbourne Government
• 81: We are told to trust the Irish leaders
• 82: There are no Gladstonians now who think Mr
• 83: Their legislatures are confessedly the worst
• 84: 133 The Gladstonian pleas to which answer has been made are
• 85: Brought Ireland nearer to England
• 86: 123 An eminent and very able Gladstonian M
• 87: Gladstone for a Chancellor of the Exchequer
• 88: The artificial supremacy of Ireland
• 89: No Gladstonian Chancellor had made light of conspiracy
• 90: Every clause involves an ambiguity
• 91: Certainly cherished by some moderate Gladstonians
• 92: The question then arises as to the Referendum
• 93: The supremacy of the Imperial Parliament is nominally saved
• 94: Charges on Irish Consolidated Fund
• 95: Supplemental provisions as to powers of Irish Legislature
• 96: Of a councillor for a constituency
• 97: 2 The existing divisions of the constituencies shall
• 98: For the benefit of the Irish Exchequer
• 99: Or from the latter to the former Exchequer
• 100: And carried to the Local Loans Fund
• 101: Nor his right to pension altered
• 102: Remain with the Postmaster General
• 103: And to the Judicial Committee of the Privy Council
• 104: And the said gratuities and pensions
• 105: Shall be paid out of the Exchequer of the United Kingdom
• 106: By or under the direction of such officer
• 107: Shall be the first Exchequer judges
• 108: Except as otherwise provided by this Act
• 109: The creation of polling districts
• 110: Third schedulefinanceimperial liabilities
• 111: And telegraph subsidies
• 112: On retention of Irish Members at Westminster