years free from coercion, while in the fifty-three
years since that period there have been only two years
entirely free from special repressive legislation.
So much, therefore, is clear, that Irish discontent
at not being allowed to manage their own affairs has
gradually increased instead of diminishing. The
conclusion then would seem irresistible, that if coercion
has failed, the only practical mode of governing Ireland
satisfactorily is to give the people power to manage
their local affairs. Coming, then, to the principle
of the Bill, the first step is to reconcile local
government with Imperial supremacy, in other words,
to divide Imperial from local powers; for if this
division be accurately made, and the former class of
powers be reserved to the British Crown and British
Parliament, while the latter only are intrusted to
the Irish Parliament, it becomes a contradiction in
terms to say that Imperial unity is dissolved by reserving
to the Imperial authority all its powers, or that
Home Rule is a sundering of the Imperial tie when
that tie is preserved inviolable. Imperial powers,
then, are the prerogatives of the Crown with respect
to peace and war, and making treaties with foreign
nations; in short, the power of regulating the relations
of the Empire towards foreign nations. These
are the
jura summi imperii, the very insignia
of supremacy; the attributes of sovereign authority
in every form of government, be it despotism, limited
monarchy, or republic; the only difference is that
in a system of government under one supreme head,
they are vested in that head alone, in a federal government,
as in America or Switzerland, they reside in the composite
body forming the federal supreme authority. Various
subsidiary powers necessarily attend the above supreme
powers; for example, the power of maintaining armies
and navies, of commanding the militia, and other incidental
powers. Closely connected with the power of making
peace and war is the power of regulating commerce with
foreign nations. Next in importance to the reservations
necessary to constitute the Empire a Unity with regard
to foreign nations, are the powers required to prevent
disputes and to facilitate intercourse between the
various parts of the Empire. These are the coinage
of money and other regulations relating to currency,
to copyright or other exclusive rights to the use
or profit of any works or inventions. The above
subjects must be altogether excluded from the powers
of the subordinate legislature; it ceases to be subordinate
as soon as it is invested with these Imperial, or
quasi-Imperial, powers.
Assuming, however, the division between Imperial and
local powers to be accurately determined, how is the
subordinate legislative body to be kept within its
due limits? The answer is very plain,—an
Imperial court must be established to decide in the
last resort whether the subordinate legislature has
or has not infringed Imperial rights. Such a court
has been in action in the United States of America
ever since their union, and no serious conflict has
arisen in carrying its decisions into effect, and
the Privy Council, acting as the Supreme Court in respect
to Colonial appeals, has been accepted by all the
self-governing colonies as a just and impartial expositor
of the meaning of their several constitutions.