CHAPTER VIII

THE QUESTIONS OF IRISH LOCAL GOVERNMENT AND EDUCATION--OTHER

QUESTIONS--CONCLUSION

Irish county government--The grand jury system in the eighteenth

century--Its merits and defects--The grand jury system in the

nineteenth century, and especially since 1836--The Irish poor law

system--Elected and _ex-officio_ guardians--The local government of

cities and towns in Ireland--Municipal institutions founded in Ireland

by the Norman kings--Why they did not prosper--Boroughs and

municipalities founded by James I. and the Stuarts--Their condition in

the eighteenth and nineteenth centuries--The Municipal Reform Act of

1840--The Towns Commissioners Acts--Attempts to reform the municipal

system of local government in Ireland--The Local Government of Ireland

Act, 1898--Complete change in Irish local government--The County

Councils--The County Borough Councils--The District, Rural, and the

Urban District Councils--Their functions, rights, and duties--All

these bodies placed on a democratic basis--Attitude of the County

Councils in the southern provinces--Education in Ireland--History of

primary education--The national system of education--The principles on

which it is founded--How it has worked, and what its results have

been--Secondary education in Ireland--Its history--Its present

condition very imperfect--The Intermediate Education Act--University

education in Ireland--Its history--Trinity College--The Queen's

Colleges and the Queen's University founded by Peel--Their comparative

failure--Mr. Gladstone's Bill to reform University education in

Ireland--Its glaring errors and failure--Trinity College thrown open

in 1873--The Royal University founded in 1879--Present state of

University education in Ireland--The true principles of reform--Other

Irish questions--Conclusion.

That local government in Ireland should still be a 'Present Irish

Question,' may appear strange to persons only versed in the mere routine

of politics. The subject has been before Parliament for nearly thirty

years; it has engaged the attention of more than one of its Committees;

Butt endeavoured, to no purpose, to legislate on it. In 1892 Lord

Salisbury's Government brought in a measure which aimed at transforming

the whole system of administering local affairs in Ireland; but it had

unquestionable defects and was vehemently opposed; unfortunately, as I

believe, it was permitted to drop. Six years afterwards, that is, in 1898,

the greater part of a parliamentary session was employed in dealing with

the question again; a Bill became law which placed Irish local government,

in all its departments, upon a new basis, and completely changed the

characteristics it had had for centuries. The measure was to be a _ne plus

ultra_; it was extolled by applauding partisans as a magnificent scheme of

popular reform; these have since, over and over again, declared that its

success has been more than manifest. It is too soon to pronounce, with

anything like confidence, on what its ultimate results may be, or even to

say, with certainty, how it will practically work; but enough has already

been made apparent to cause thoughtful and fair-minded Irishmen to regard

the changes it has effected with grave misgivings; to question the

principles on which it rests, or at least the wisdom of applying them to

Ireland as she now is; and to ask whether it must not be amended if the

social structure of Ireland is not to be still more violently disturbed,

than it has been by the experiments that have been made on it. Besides,

the local government and administration of every community, especially if

formed on a popular type, affect its existence in many ways; strongly

indicate what its opinions are, what its qualities, what its evident

tendencies; in a word, largely represent its essential nature. It was not

for nothing that in his survey of the Revolution in France, Burke did not

confine himself to the sovereign assembly at Versailles, but turned his

penetrating glance on the petty assemblies which had been set up in the

new-made departments, for the conduct of their local affairs; these, he

insisted, formed the truest expression of the mind of the people and of

the leaders at its head. For these reasons, therefore, if we would

understand Ireland, her local government is a 'Present Irish Question;' it

is a question, moreover, which, whatever may be said, in all probability

has not been finally settled.

In order to understand the subject, I must glance at the system of Irish

local government, as this existed until, as it were, yesterday; I turn, in

the first instance, to Irish county government. The beginnings of this

scheme have been traced back to the time of Strafford; but it was not

finally established until the reign of William III., when the subjugation

of Ireland had been made complete. The Irish grand juries always had

criminal jurisdiction in their countries like their English fellows; but

unlike these they were now entrusted with almost absolute control over

Irish county government. This was partly because they were representatives

of the conquering race, by this time the owners of nine-tenths of the

lands of the country; and partly because there was no local organisation

in Ireland, like the English parish, which could give local influence to

the conquered race. The grand juries were always composed of the leading

landed gentry of their respective counties; they were nominated by the

sheriffs, that is, by officials of the Central Government; they were

wholly devoid of a popular element; and as no Catholic could have a share

in their councils, until nearly the end of the eighteenth century, they

embodied, in the fullest sense, the Protestant ascendency of the day,

supreme in every sphere of authority in the State. The grand juries had

almost the exclusive power of administering the local affairs of their

counties, of managing their roads, public buildings, and police; and they

levied the charges for these by a local rate, known as the county cess to

this hour, and imposed almost wholly on the occupiers of the soil, that

is, in five cases out of six on the Catholic peasantry, a striking

instance of taxation without representation to check it. These assemblies

of local magnates met twice a year at the assizes which were held in their

counties. Miss Edgeworth has given us graphic accounts of them: how a seat

on a grand jury was deemed a prize to be sometimes fought for; how the

grand juries entertained the judges in state, and vied with these sages in

their mighty potations; and how, while wretches were hanged and jurymen

dined, the assize towns were scenes of not fastidious revelry. There was

much jobbing, corruption, and waste in the administration of the counties

in those days; much of the 'scratch me, and I will scratch you;' much

'give and take' at the cost of the ratepayers. But there was another and

better side to the picture: the Irish gentry of the time had the faculty

of command; they ruled their districts efficiently with their police; the

public works for which they were responsible were usually good. Arthur

Young has especially noticed that the roads they constructed were almost

always well laid out and kept up.

Catholics were not admitted on grand juries until the great Relief Act of

1793, the first general relaxation of the execrable penal code. But the

Catholic members of these bodies have always been few; the large majority

of the Irish landlords remains still Protestant. The bureaucracy of the

Castle, after the Union, began to encroach on the domain of the grand

juries; at the same time the growing needs of the country made the

expenditure on local affairs much larger. The grand juries lost much of

their authority by degrees; they were more and more controlled by the

Central Government, which supplanted them in a variety of ways; and they

were ere long compelled to vote sums for public works of different kinds

for the behoof of their counties. This change effectually checked

corruption and jobbing; but as the requirements of the counties

increased, and the 'imperative presentments,' as they were called, were

augmented, the charge of the local rate or county cess became more

onerous--it has advanced enormously in the last sixty years; and this was

still mainly imposed on the Catholic peasantry. The civil or fiscal

administration, which the grand juries possessed until 1898, was finally

arranged by an Act of Parliament passed in 1836,[179] supplemented, from

time to time, by subsequent statutes. These bodies were composed of the

same elements, and nominated by the sheriffs as before; and they had a

general supervision over all the public works, roads, bridges, and

buildings for public purposes, comprised within their different counties,

including within these areas nearly all villages, and the large majority

of the lesser towns. But they were made strictly dependent on the Central

Government; this had the appointment of their chief officers; their

accounts were subjected to a regular audit; and their 'imperative

presentments' were largely extended. They acquired, too, an additional

jurisdiction in some respects, especially as regards inquiries into

criminal injuries and compensating persons who had been sufferers, and as

regards voting an extra police force in disturbed districts; but their old

local police had disappeared, and had been replaced by the great central

constabulary force. A change, too, was effected in the modes through which

local rates were voted in the counties for public purposes. These sums

were 'presented' in the first instance at 'baronial' and 'county at large'

sessions, held by county justices and ratepayers of substance; but these

bodies were subordinate to the grand juries, and to a considerable extent

drawn from the same classes; no popular element was infused in county

government, and the grand juries were, in the last resort, supreme, within

the limits which had been assigned to them. The local expenditure voted

and assessed in this way was subject to examination by a judge of assize,

who 'fiated' it, as a general rule; and ratepayers had a right to

challenge it, by a procedure called 'a traverse,' which, however, was

seldom turned to account.

The Irish grand juries were thus oligarchic bodies, survivals of the

Protestant ascendency of a bygone age, and with a tendency, in their later

history, to become subordinate boards of the Castle. I pass on to the

Irish poor law system, another considerable department of Irish local

government. As we have seen, unlike what had been the case in England, no

poor law existed in Ireland until 1838; the want of such a measure was one

of the causes of the pressure of a huge mass of indigence on the soil

before the catastrophe of 1845-47. The Irish poor law, with some marked

distinctions, was analogous to the new English poor law, as it has long

been called; it has now been in operation for about sixty years. The

country was divided into a series of unions, which have varied from 130 to

163 in number; at present there are 159 of these; these were the principal

units for carrying the poor law system into effect. The unions were again

subdivided into lesser districts, electoral divisions for the county,

wards for the larger towns; the persons chosen to administer the poor law

were taken from these areas; and the unions and all that pertained to them

were placed under the control of the Central Government, represented by

the Local Government Board of Ireland. The persons returned from the

electoral divisions and the wards were selected by the votes of the

ratepayers, and were known as the elected guardians; a popular element was

thus introduced into the administration of the law, which had never been

introduced into Irish county government. The vote of the ratepayers,

however, was cumulative, not single; the largest ratepayers had the most

votes, a safeguard, it has been assumed, for property; and the elected

guardians, in theory at least, were balanced by an equal number of

_ex-officio_ guardians, composed of magistrates within the unions. The

chief duties of the elected and the _ex-officio_ guardians, collectively

known as Boards of Guardians, were to provide for the wants of the poor,

and to assess and levy poor rates for that purpose; but many other duties

were gradually imposed on them, the principal of these being the care of

the sanitary state of the lesser towns within their districts. There was a

marked difference between the incidence of the poor rate and of the county

rate, or cess, of the grand juries. The county cess, we have seen, was

mainly a charge on the Catholic occupiers of the soil, the poor rate was,

to a very considerable extent, a charge on the owners, for the most part

Protestants; for the landlord was bound to pay the whole poor rate in the

case of the pettiest holdings, and to allow his tenants half the poor rate

in the case of other holdings; by these means the burden of at least half

the poor rate, it is believed, was borne by the Irish landed gentry. It

should be added that the elected guardians have practically had the

administration of the poor law in their hands; the _ex-officio_ guardians,

especially of late years, took little part in it.[180]

I turn from the administration of local rural affairs in Ireland to that

of its chief cities and its towns. The Irish towns, conquered and settled

by the Danes, had, perhaps, a kind of municipal government; the

Plantagenet kings conferred municipal rights as freely in Ireland as they

did in England. Thus Dublin received a charter from John, modelled on that

of his 'liegemen of Bristol;' Limerick, Waterford, Kilkenny, and several

other towns were incorporated and given powers of self-government at

different periods of the Middle Ages. But the municipal life and the

municipal spirit which grew up and gained strength in the thriving towns

of England, and secured for them a large measure of local liberty, had

hardly any existence in a land like Ireland, distracted by feudal and

tribal anarchy; the corporate cities and towns of Ireland fell into the

hands of great Anglo-Norman nobles and Celtic chiefs, and seem to have all

but lost their local franchises. During the long agony of the sixteenth

century, when Ireland was devastated by a horrible strife of race and

faith, these privileges were still further effaced; at the death of

Elizabeth the Irish municipal centres, with the exception of the capital,

were mere names and shadows. A great change took place when the subjugated

land passed under the domination of the first Stuarts. English law was now

extended over the whole of Ireland; a colonial caste of settlers was

becoming lords of the soil; the Government was conducted by the men at the

Castle, ruling through a Parliament largely composed of the new settlers.

James I. created forty-six Irish boroughs with a stroke of the pen, and

gave them a representation in the Parliament and municipal rights; but

these, for the most part, were mere villages; they obtained their large

privileges solely in order to support 'the English interest,' as it was

called, in the Irish House of Commons. This system was continued by the

later Stuarts; besides Dublin and the larger towns of Ireland, there were

about a hundred of these petty municipalities and parliamentary boroughs

in the eighteenth century. These places, however, could have no municipal

freedom, and were wholly devoid of municipal feeling; they became nearly

all the mere appanages of the neighbouring leading families; and, with

hardly an exception, they were extreme types of the Protestant ascendency

which prevailed everywhere. Something of the same kind was witnessed in

England, under the aristocratic rule of that age, but there was the

difference between a sorry caricature and a picture; the great cities and

the better towns of England still retained an ample measure of municipal

liberty, and, especially, did not lose the municipal spirit; the exact

contrary was the case in Ireland.

A large majority of the little Irish boroughs were deprived of their

parliamentary representation at the Union, but they retained their nominal

municipal rights. They still remained under the control of the chief

landed gentry; and they became, as indeed they had always been, centres of

maladministration, corruption, and peculation of all kinds. When, after

the passing of the great Reform Act of 1832, statesmen directed their

minds to the questions of corporate and municipal reform in England, they

naturally turned their minds to Ireland also, where this reform was

notoriously still more imperative. After the publication of a masterly

report in 1834-35, which thoroughly illustrated the whole subject, the

abuses in the Irish corporations were shown to be such--they were enormous

even in the cities and larger towns--that Peel, the leader of the

Opposition, actually gave them up; he proposed to deprive the corporate

towns of all municipal rights and franchises, and to place them under the

authority of Commissioners appointed by the Crown. This plan, however, was

rejected by the Melbourne Government, and was not sanctioned by the House

of Commons; after a long and angry controversy, which continued for years,

a measure became law as late as 1840; and by this, with the exception of

ten, all the corporate towns of Ireland lost their municipal rights, and

were thus left without any power of self-government. With respect even to

the ten still enfranchised towns, their old privileges were greatly

curtailed and were transferred to the Central Government; and their

municipal liberties were restricted and narrowed. They retained, indeed,

many rights of self-government; but the municipal franchise was placed at

a high level; the great body of the townsmen did not possess it; and they

were subject to the supervision of the Local Government Board, that is, of

the Central Government, to a considerable extent at least. True municipal

life, and the municipal sentiment, could not, therefore, become well

developed, in the case of towns under such conditions; they showed but few

symptoms of the wonderful growth of prosperity and power which has been

such a marked feature in the history of the great corporate towns of

England, in what may be called the Victorian age, though, no doubt, the

cases were widely different--poor Ireland could not, in this respect,

compete with wealthy and progressive England. The deficiency of corporate

towns in Ireland was felt ere long to be such, that, in 1854, and

subsequent years, municipal rights were, in some measure, extended to

nearly a hundred of these towns. These places were governed by bodies

called Town Commissioners elected by a kind of popular vote; but the

authority of these bodies has never been large; the municipal franchise

was very high; and these towns were also under the Irish Local Government

Board.

Municipal institutions, like others of English origin, had thus, from a

variety of causes, when transferred to Ireland, only a stunted, imperfect,

and maimed existence. We may briefly glance at the operation of the system

of rural and urban local government, of which we have endeavoured to

sketch the outlines. Except, perhaps, in the instance of criminal

injuries, and of the compensation to be adjudged by them, where they did

not always give proof of a judicial spirit, the grand juries, for upwards

of two generations, administered county affairs very well; they were

economical, prudent, and jealous of expense, if the public buildings they

sanctioned were, occasionally, too costly; but the system was an

anachronism, and had had its day. In ordinary times the Irish poor law was

reasonably well administered by the Boards of Guardians, as well,

probably, as was the case in England; they were rather parsimonious in

assessing rates, and gave little attention to the sanitary state of their

towns, but, on the whole, there was not much cause to complain of them;

and the Irish people, it must be recollected, have never liked the poor

law. The local administration of the cities and the larger towns of

Ireland was worse--a notable exception was seen in Belfast; but these, as

a rule, gave proof of the restricted system on which their government had

been formed; the results appeared in a high death rate, in bad supplies of

water, in crowds of squalid and deserted dwellings--in a word, in

stagnation and a want of progress, if other and powerful causes concurred.

When the movement conducted by Parnell acquired strength, almost a

revolution passed over the seats of Irish local government, where these,

except in Ulster, possessed a popular element. Parnell called on the

Boards of Guardians, the Corporations, and the Town Commissioners, in

places where the 'people' had any effective voice, to rally round the Land

and the National Leagues; he achieved remarkable success in the three

provinces of the south. This was especially made manifest in the Boards of

Guardians, composed largely of farmers of substance, and in which the

_ex-officio_ guardians had little real power; these bodies set a crusade

against the landed gentry on foot; marked them out for plunder in many

ways; encouraged 'boycotting' and defiance of the law; gave a free rein to

rebellious utterances of many kinds; and denounced Irish 'landlordism' and

British rule in Ireland, as fiercely as they had been denounced at Land

and National League gatherings.[181] The same phenomena appeared in many

of the corporate and inferior towns: the Corporation of Dublin indulged in

anti-British threats and speeches; the Corporation of Limerick refused to

pay a lawful tax; the Corporation of Cork proclaimed itself supreme in a

'rebel' city; the example was generally followed in the lesser towns of

the south; in short, these bodies became centres of sedition, socialism,

and resistance to the law, and widely disseminated their pernicious

teaching. In fact, they made themselves agencies of the Land and the

National Leagues; at the same time, in numerous instances, they set the

authority of the Local Government Board at naught.[182]

The system of Irish local government was obviously so defective, so

antiquated, so contrary to the spirit of the age, that several attempts,

we have seen, were made, long ago, to reform it. It has now been

completely transformed on the principles applied to England and Scotland;

the occasion of this transformation was somewhat singular. In 1896

considerable relief was given, in England and Scotland, to the landed

interest by a subvention made by the State, which defrayed half the charge

of the local county rates, the depression of agriculture being so

grievous; the justice of this measure was hardly disputed. But the Report

of the Childers Commission, declaring that Ireland was greatly overtaxed,

and had been for a long series of years, was published about the same

time; the Government, probably because it had made up its mind not to

countenance the report in any way, refused to extend the same relief to

Ireland, although it was as much required--a decision that simply nothing

could warrant. The indignation, however, expressed in Ireland, and the

remonstrances even of the Ministerial Press, angrily as it had challenged

the findings of the report, before long changed the Government's purpose;

it was formally announced, in 1897, that Ireland would obtain the same

boon as Great Britain, and, apparently, as a condition of this, that Irish

local government was to be reformed. The measure of 1898 was the result of

this compromise; the interdependence of two subjects, which have nothing

in common, has made it not easy to interpret; but, as we shall see, its

authors have provided, with skill, against one of the dangers the change

involved, that is, the probability that it might expose the Irish landed

gentry to predatory attacks. Before examining the recent law, I venture to

make a single remark. The question of the alleviation of the charge of

rates, a concession made to Ireland with bad grace, and made to England

and Scotland as a matter of course, has nothing to do with the infinitely

larger question of the excessive taxation imposed on Ireland; relief in

the one case does not imply relief in the other; the two subjects are

altogether distinct. It is essential carefully to keep this in mind, for

attempts are being made to confuse the two questions, and

characteristically to argue that Ireland ought to rest and be thankful,

and not to say a word about her overtaxation, because, forsooth, in common

with England and Scotland, she has received assistance as regards her

local rates.

The transformation which has been effected in Irish local government has

completely changed the old order of things, and is of an extremely

democratic character. County government has been taken from the grand

juries, and has been extended to bodies known by the name of County

Councils, recently formed in Great Britain. The County Councils proper are

thirty-two in number, corresponding to the number of the Irish counties;

they are popular assemblies in the fullest sense of the word. They are

elected by the ratepayers of their districts, who possess the present

extravagantly low suffrage; the right of election is also bestowed on

women; and the protection of the cumulative vote has been removed; a

cottar has the same voting power as a man of forty thousand a year. Any of

these voters may have a seat in a County Council; the body, therefore, may

be crowded with petty ratepayers; and women also may have seats. Three

members of the grand jury, in each county, are entitled to sit in a County

Council, but for a short time only--a provision intended to reconcile the

old with the new; the County Councils are given a right to 'co-opt' a few

members; and the heads of bodies subordinate to them have the privilege of

taking part in their counsels. The rights and the responsibilities of the

grand juries have, as a rule, been transferred to the County Councils,

except in the instance of criminal injuries, and of determining

compensation for these; this jurisdiction, subject to an appeal to a judge

of assize, has been properly conferred on the County Court judges, for it

is essentially of a judicial nature. The powers of the County Councils

thus extend to the management and the supervision of the roads, bridges,

and buildings for public purposes comprised within their counties, and

also to the regulation of villages and petty towns; but, like the grand

juries, they are subject to the same control of the Central Government;

they must make 'imperative presentments' like the grand juries; and, as in

the instance of the grand juries, subordinate bodies have the initiative

in part of their duties. Their powers, however, have been made larger and

wider than those of the grand juries; they have been given the right to

assess and levy the poor rate in rural districts, the management of the

asylums of the lunatic poor, an authority, in cases of exceptional

distress, subject to the permission of the Local Government Board, to

sanction relief to poor people out-of-doors, and several other powers of

not much importance. It should be added that the County Councils are not

restricted in any way by judge's 'fiats' and by 'traverses' as the grand

juries were; these securities, such as they were, have disappeared; but

their conduct may be controlled to a certain extent by the Superior Courts

of Ireland, as that of most public bodies may be, if only through a

tedious and costly procedure, and they are more or less under the

authority of the Local Government Board.

Six of the principal cities and towns of Ireland, Dublin, Belfast, Cork,

Limerick, Londonderry, and Waterford, have been made distinct counties,

with the appellation of County Boroughs. The scheme of County Councils has

been applied to these also; the townsmen and townswomen have the same

power of voting, and the same democratic suffrage as the counties proper;

the borough assemblies may have the same kinds of members; but the titles

of mayors, aldermen, and burgesses have been preserved, in recognition, so

to speak, of strictly urban government. These bodies, which, it will be

observed, are popular in the widest sense of the word, have the powers of

grand juries within their respective spheres; but they retain besides

their former administrative powers subject to the control of the Local

Government Board; they have thus been changed from narrow and close

oligarchies into democracies on the very broadest basis. The County

Councils have under them two minor bodies, the Rural District Councils and

the Urban District Councils, the characteristics of which may be briefly

noticed. The sphere of the authority of the Rural District Council

corresponds, for the most part, to the Poor Law Union; these councils are

elected and constituted under the same conditions as the larger councils

already described; they are, therefore, mere democracies in considerable

numbers. The Rural District Councils are given the powers of the Baronial

Presentment Sessions of the Grand Juries, that is, they may initiate

proceedings as their predecessors did; they are made the sole guardians of

the poor within their districts, the _ex-officio_ guardians having been

abolished; their chairmen are members of the County Councils; it may be

added here that rating for the poor has been extended generally over the

union, not as hitherto confined to the electoral division and the ward, a

questionable provision which will certainly increase the expenditure for

the relief of poverty. The sphere of the authority of the Urban District

Councils has been made that of the larger towns of Ireland, being sanitary

areas within themselves; but power has been taken to increase the number

of these towns, and this increase will be probably witnessed. The Urban

District Councils resemble, in their mode of election and their

constitution, the other assemblies, that is, they are democracies to the

fullest extent; but they retain the names of Corporate or Town

Commissioners towns, and of mayors, aldermen, and burgesses where they

possessed these before. The powers of the Urban District Councils are

those of the grand juries within the towns, except as respects the larger

public buildings, which were formerly charged on 'the county at large;'

these councils levy and assess the poor rate within their districts; and

they retain the powers of urban government they formerly possessed. The

Local Government Board has authority, also, over the Rural District and

the Urban District Councils.

The entire system of Irish local government has thus been placed on an

extremely democratic basis, subject, however, to partial control by the

Central Government. This revolution, for it has been nothing less, was

obviously liable to be attended by the many mischiefs inseparable from a

sudden transfer of enormous powers to local assemblies of the most popular

type, to maladministration, waste, and extravagance, and, as especially

would be the case in Ireland, to violent or insidious attacks on the

landed gentry. The late measure has provided against these evils, if not

completely or adequately, with ingenuity and skill. The relief of Irish

agriculture was its first financial object; to effect this the county cess

and the poor rate have been consolidated into a single charge; and half of

this is to be defrayed by the State and appropriated to the relief of

agricultural lands, towns and lands, within municipal limits, being

excepted. The subvention is not to extend to sums payable in respect of

criminal injuries, nor to sums payable in respect of extra police in

disturbed districts; these charges are properly to be borne by local areas

as before. The relief afforded is an annual sum of about £700,000; it is

divided in tolerably equal shares between the owners and the occupiers of

the soil, that is, between the landlords and tenants of Ireland; it is

characteristic of Radical clamour, that a boon, the justice of which could

not be disputed, was denounced as an 'infamous job' for the behoof of the

Irish landed gentry. A powerful check has been placed on extravagance and

waste, and on attempts to injure property in land, exposed, we have seen,

to undoubted dangers. The relief afforded was calculated on the local

expenditure for 1897, in the words of the law, 'the standard year;' it was

regularly to be one-half of this sum. Should the local expenditure,

therefore, in subsequent years, be in excess of that of the standard year,

the proportionate value of the relief would fall; should it be a lesser

amount, the value would rise. A strong restraint was thus imposed on

attempts recklessly to job and waste local funds, and notably to plunder

Irish landlords; but this restriction only applies to agricultural lands;

it does not extend to property in towns; and it is difficult to say that

it will always prove effective against democratic sentiment, passion, and

greed. The extent of the relief afforded to Irish landlords differs widely

as between landlords of different classes of tenants; landlords of mere

cottars will get very little; landlords of farmers of substance will get

much more; but it is unnecessary here to enlarge on this special

subject.[183]

This sweeping measure, in my judgment at least, might have been better

framed to carry out its policy. Like much of the legislation of the

Imperial Parliament, it has been fashioned too closely on the English

model; it gives to a poor and backward country, not trained in

self-government, local institutions naturally adapted only to an opulent

and well-ordered country accustomed for centuries to local liberties.

Having regard to the peculiar state of Ireland, it might have made the

powers of local government it conferred larger, but it ought not to have

been as purely democratic as it is; and it ought to have been accompanied

by safeguards it does not possess. I would have been disposed to give the

Irish County Councils a right to take evidence for private Bills on the

spot; this, if transmitted to the Irish Privy Council, and considered by

it, might be made the basis of reports by that body, which could be turned

into Acts of Parliament, by a summary process, thus getting rid of great

and useless expense, and silencing one of the few real arguments in favour

of Home Rule. I would also have allowed the County Councils of different

counties, in matters in which they had a common interest, say, in the

drainage of some of the great Irish rivers, to carry out together public

works of this kind, and to assess and levy rates for the purpose if, on

consideration, this was deemed expedient; at present they have no

authority like this; and such a power would, I think, be for the general

good of Ireland. The County Councils, too, I believe, might be given a

deliberative voice, in cases they have not at present; for example, should

the rate-payers of any county make a demand for sectarian education,

within its area, and declare themselves ready to pay a rate for it, the

County Council should have a right to entertain the project, and to report

on it to the Central Government. And I am convinced that members of the

County Councils ought to have some seats on the Local Government Board,

and on other boards now filled by the Castle bureaucracy; this would

introduce a popular element into these bodies, and, in many ways, would be

of real advantage. On the other hand, in the election and the constitution

of the County and other Councils, democracy has simply been let run riot;

and the resulting evils have already been made manifest. Illiterate

persons ought not to have been qualified to be electors; the single should

not have replaced the cumulative vote, property being thus deprived of its

legitimate weight; above all, as is evident, security should have been

taken that the landed gentry should have a proper representation on the

County Councils. The authority, too, of the Superior Courts over all these

assemblies should have been made more effective and less costly than it is

at present; and that of the Local Government Board should have been better

defined and increased. In all this province the checks possessed by the

Central Government over these local democracies are not, I think,

sufficient.

It is impossible, I have remarked, to say with certainty what the end of

this social revolution will be; but some of the results are, even now,

apparent. There has, as yet, been little tendency in the local boards to

waste, or to attempts to despoil the landed gentry; the check in this

respect is of great force; but no one, I repeat, can predict what may be

done under the influence of democratic sympathies, especially should the

existing agitation acquire increased strength in Ireland. Some of the

councils have been very fairly managed; a few others have been badly

administered; as a rule, much time has been misspent in irrelevant talk;

there has been a good deal of squabbling with the Local Government Board;

but, on the whole, the local business of the counties and towns has been

conducted as reasonably well as could be expected in the case of a new and

immense experiment. But the consequences of giving raw democracies great

and sudden power have already been made but too manifest, as persons, who

knew Ireland, foresaw would happen. In parts of Ulster representatives of

the landed gentry have been elected to the County Councils; property in

these has still legitimate influence. But in Leinster, Munster, and

Connaught, this order of men has been all but completely shut out from

these boards; the land is not represented at all; this is an absolutely

unnatural position of affairs, pregnant with many ills to the community as

a whole. It is not only that the landed gentry have been deprived of an

influence they ought to possess, in a society in any degree well ordered;

this change has a tendency to make them more and more, what they have

largely been made already, a privileged class without duties, akin to the

old seigneurie of France, a state of things of which Tocqueville has

powerfully described the evils. In the southern provinces, too, the new

democracies, composed of Catholic 'Nationalists,' by large majorities,

have driven loyal, and especially Protestant, men and women from local

offices they had filled with credit, and this too at a considerable charge

on the rates, a clear proof how no restraints can be wholly effective. But

the main feature in the conduct of the County and other Councils is that

in most parts of Ireland they have followed the advice given by Parnell to

their weaker forerunners; they have made themselves agencies of the United

Irish League, as boards before them were agencies of the Land and the

National Leagues, and they have given but too ample proof of disaffection,

disloyalty, and hatred of British rule. In some counties, the councils

seized the court houses, and refused light and fire to the Superior and

the County Court judges. Throughout the South of Ireland most of the

boards vied with each other in wild expressions of sympathy with the

Boers, and of hopes that disaster would befall the British army; many gave

free voice to frankly rebellious language; many denounced Irishmen being

recruited for the British army. Nor did these sinister exhibitions end

here; some of these bodies went out of their way to sneer at their aged

sovereign, when she paid last year her last visit to the Irish shores, to

question her motives, to speak all kinds of evil; a few even refused to

say a word of regret for her death, nay, indulged in language of scarcely

veiled insult. These councils, in a word, in a number of instances, have

shown a marked resemblance to the Assemblies of the Communes of Jacobin

France, indignantly held up to execration by Burke; they have been petty

nests of seditious agitation and clamour. It is at least well that this

manner of men has not succeeded, in the great statesman's language, in

'ascending from parochial tyranny to federal anarchy' and have warned us

what would be the nature of a Home Rule Parliament.

This scheme of local government must be given a trial; but ultimately it

will have to be reformed, in a Conservative sense, if things in Ireland

are not to be left upside down.[184] I turn to the subject of Irish

education, which has been lately attracting much public attention.

University education is the most prominent part of this question; but, in

order to understand it, we must briefly consider the history of Irish

education in all its branches. The first scheme of primary education in

Ireland, of which we have a record--I pass over the traditions of the

Middle Ages--was due to the policy of Henry VIII.; he procured an Act

from the Irish Parliament, to the effect that elementary schools should be

set up in different Irish parishes; but, true to the ideal of Tudor

statesmen--an ideal, however, which he did not always pursue--he required

that these should be 'English schools,' to teach the Irish poor 'the

English language.' Many years passed before these schools were found

beyond the borders of the Pale; but, as the march of conquest advanced,

they existed in many Irish parishes; there were more than five hundred of

them in 1810, the largest number probably they ever attained. These

schools were originally intended to be open without distinction of creed;

but, under the conditions of Irish history, they necessarily became

confined to the lower Protestant classes; they were under the control of

the clergy of the Established Church, and Catholic children were kept away

from them. Elizabeth founded another class of schools, in part elementary,

in part of a higher type; these were known as the Diocesan Irish Schools;

but there seem never to have been more than sixteen of these; and they,

too, became exclusively Protestant. To these schools should be added 'the

English Erasmus Smith Schools,' as they were called, foundations grafted,

so to speak, on grammar schools established by a wealthy Cromwellian

settler; at one time they were more than one hundred in number; and if not

wholly, they were nearly confined to Protestant children. A series of

Reports of Commissions and other records show that the education afforded

in all these schools was not what it ought to have been; but this was to

be expected in the case of a country where Protestant ascendency was

supreme, where all administration was selfish and corrupt, and where the

schools were the monopoly of a fraction of the people only. As to the

education of the Irish Catholic poor in these centuries, it was

discouraged, and ultimately prohibited by the penal code; the Catholic

child could not learn the rudiments in his own land; but in spite of

this, 'hedge schools,' a significant name, grew up, in hundreds,

throughout the country, in which, to adopt the words of Davis, a man of

genius--

'Still crouching 'neath the sheltering hedge, or stretched on mountain

fern,

The teacher and his pupils met feloniously to learn.'

As may, however, be supposed the instruction afforded in these schools was

usually bad; throughout the eighteenth century and a part of the

nineteenth, the young of Catholic Ireland were brought up in ignorance. In

1733 an odious experiment was made, and continued for a long period, to

cause education to wean the Catholic child from his faith. An institution,

called the Charter School, was established; the object of its founders was

to make 'the young of the Papists' Protestant, by attracting them to

seminaries where they were kept apart from their parents and priests,

boarded, lodged, and handed over to Protestant tradesmen; millions were

spent in furthering a detestable policy, which literally set up Mammon

against God. The Charter Schools, however, completely failed; they never

had more than fourteen hundred pupils, and they became wretched Dotheboys

Halls where cruel and pampered Squeerses, eating up funds set apart for

education such as it was, starved and ill-treated children victims of

every kind of disease.

When the partial relaxation of the penal laws allowed the children of the

Irish Catholics to be taught the rudiments, the 'Christian Brothers' began

to found their schools, under the sanction of a Bull of Pius VI.; these

schools, sectarian, like the genius of the Irish people, have, though

receiving no endowment from the State, grown from small beginnings into a

number of excellent Catholic schools. The Quakers in Ireland had

established a few elementary schools before the Union; and so had the

Presbyterians of Ulster. The Charter Schools lingered down to the year

1832; they disappeared when their subsidies ceased; but the 'Incorporated

Irish Society' is in possession of the lands they once held, and it

supports a number of good Protestant schools. Primary education, however,

in Ireland remained very backward; the Protestant schools did not

flourish; the Catholic 'hedge schools' continued until the nineteenth

century had far advanced. Attempts were made to promote Irish primary

education, in different ways, after the Union; a Board of Commissioners of

Education was appointed, and made valuable reports; but these efforts were

of little avail for the benefit at least of the Catholic young; the

schools thus established were all Protestant; and the evangelical

movement, which was then powerful, made them proselytising with scarcely a

single exception, a danger which the example of the Charter Schools had

especially made the Catholic Irish priesthood dread. An institution,

however, called the 'Kildare Place Schools' had, for a time, considerable

success; these schools were thrown open to children of all creeds, and had

the high approval of O'Connell himself; but it was one of the rules that

the Bible should be read in the schools; they became proselytising in no

doubtful sense, and ultimately they were tabooed by the Catholic

priesthood. Primary education in Ireland was in this state, when the

subject was taken up by Mr. Stanley, the Chief Secretary for Ireland of

Lord Grey, and, in after years, the 'Rupert of Debate.' He founded in

1831-34 what has ever since been known as the 'National System of

Education' of an elementary kind in Ireland. The principles on which he

proceeded were in accord with the somewhat shallow Liberalism of the day,

but, it must be added, with the ideas of many enlightened Irishmen.

Primary education was to be endowed by the State, but it was to be divided

into two parts: secular instruction was to be given in the new schools to

children assembled together to learn, and that without distinction of

creed; but religious instruction was to be given to children kept apart,

Protestants and Catholics being completely separate, by the pastors of

their respective communions. By these means it was hoped that a sound

system of primary education would be formed; that proselytising would be

made impossible; and that the youth of the warring races and faiths of

Ireland, under the influence of a common teaching, would be made gradually

to forget the animosities of the past. The National Schools were to be the

Lethe of Irish discords.

I can barely glance at the chequered history of the institution which was

thus established. The 'National System,' the name long in common use, was

angrily condemned by the clergy of the Established Church of Ireland, and

by a majority, perhaps, of the laity; this opposition was partly due to

the spirit of an ascendency that would not brook equality; but it was

largely to be ascribed to a higher motive. The new system, it was argued,

cut education in two; the separation of what is secular from what is

religious practically postpones what is divine to the human; and this is

especially the case under the arrangements in force, for religious

instruction in the schools may be a mere accident. The Irish Protestant

clergy, and many other Protestants, have never taken to the National

Schools; their sincerity is proved by the fact that a 'Church Education

Society' exists, which, though depending on voluntary subscriptions alone,

supports nearly two hundred exclusively Protestant schools. As for the

Presbyterians of Ireland, the National system of education fell in with

their views; its 'Liberalism' was congenial to them; but though schools of

this type have flourished in Ulster, the Presbyterians have given a great

deal of trouble to the Commissioners charged to carry out the law, and

have shown much animosity to the Catholic Irish. The Irish Catholic

priesthood at first accepted the National system almost with gratitude; it

gave their flocks a rudimentary instruction they were much in need of; it

seemed to provide against the proselytising they feared above all things;

and during some years the heads of their Church in Ireland, for the most

part not of the Ultramontane faith, were not indisposed to welcome a

compromise. By degrees, however, opposition grew up in Catholic Ireland

against the system; and, it must be allowed, not without reason. The

Catholic element on the Commission was much too weak; the purely secular

instruction in the schools was made partly religious, for books of a

Protestant complexion found their way into them; a cry of Protestant

proselytising was raised; and the National system was solemnly condemned

in 1850, at the great Catholic Synod of Thurles, a sentence, however,

which had no effect on the Government. But the real grievances of the

Irish Catholics, in this matter, have nearly all been removed; the

Catholic Commissioners have been made equal in number with the

Presbyterian and Protestant; secular instruction in the schools has again

been made strictly secular; attempts at proselytising have long been

rendered impossible; it should be added--and this is very important--the

Catholic priesthood have become the managers of a large majority of the

schools. The system has certainly struck deep roots in Ireland; there are

now nearly 9000 National Schools, endowed with about £1,300,000 by the

State, and teaching nearly 800,000 pupils; they are supported by model and

training schools, and have a large staff of competent teachers; the

instruction they afford, if not remarkable, is, on the whole, sufficiently

good. It may fairly be said that the National system has been a beneficent

influence of the greatest value; light has shone on a people that once

sate in darkness. The system, however, has become, insensibly, but

greatly, changed; the National Schools have long been, for the most part,

sectarian, that is, composed of Protestant or of Catholic children; the

'mixed' schools, as they are called, are comparatively few. But the main

principle of the system still is in force; the instruction given in the

schools, when the pupils sit together, is strictly secular; and this is

secured by a conscience clause; the Bible cannot be read, in school hours,

even in a Protestant school; no Catholic school can have a Catholic

emblem. The religious instruction given in the schools is hardly what it

ought to be, especially in the case of the Protestant schools; it must be

added that the hope of their founders that they would bridge over the gulf

of discords in Ireland has not been, in the slightest degree, realised.

The Irish are, naturally, a religious people; their history, a long

conflict of races and faiths, has, necessarily, made them intensely

sectarian. The system of education, of which I have traced the outlines,

was certainly not well designed for them; it would have been severely

condemned by Burke, the deepest of thinkers on the affairs of Ireland. And

though the National system has had a real measure of success, it owes

this, in the main, to the immense subvention it receives from the State;

it has little or no support from voluntary aid; an attempt to impose an

education rate on Ireland would be a failure, would not improbably wreck

the system. Nor is this in harmony with genuine Irish sentiment; one of

the most conclusive proofs is that National education has become, to a

great extent, sectarian; the 'Christian Brothers' and the 'Church

Education Society' schools, sustained by voluntary effort alone, and

overweighted in the race by the endowed schools of the State, show how

strong is Irish sectarian feeling. The clergy, too, of the late

Established Church, and a considerable body of their communion, remain

hostile to the National Schools; and though the Catholic priesthood have

made them, to a great extent, their own, and avail themselves of the

advantages they afford, they are hardly in heartfelt sympathy with them.

Nor can it be denied that the conscientious objections to the National

system have real weight; the system, if not irreligious, is, we may say,

neutral; it does not make religion an essential part of school life. It

would, nevertheless, I believe, be exceedingly unwise to disturb a system

which, on the whole, has for many years had excellent results in Ireland.

The opposition to it is not strong; the children of the humbler classes

freely avail themselves of it, and that with the full consent of their

parents. Nor is the conscientious objection of much force in the case of

schools which are only day schools, and in which the rudiments alone are

taught; this is not the case of education of the higher kind, in which

this objection is perhaps decisive; and it cannot be said that the

National Schools have, in any sense, impaired the religion of the Irish

people.[185]

I pass from elementary to schools of a secondary kind in Ireland. The

Diocesan Schools of Elizabeth were nearly all secondary schools; but they

were never numerous, and have all but disappeared. The two first Stuarts

made an attempt to establish secondary education in Ireland on a larger

scale. They founded the 'Free Royal Schools,' as they have been called,

now seen at Armagh, Cavan, Dungannon, Portora, and Raphoe; they endowed

them with lands perhaps worth in our day, £6000 a year; they looked

forward to a time when they might rival Eton, Winchester, and the great

public schools of England. Erasmus Smith established three considerable

'grammar schools,' and granted valuable estates for their support; a

tolerably large number of secondary schools was also founded, from time to

time, by benefactors of the dominant race in Ireland: of these Kilkenny

College, a seminary created by the House of Ormond, which reared Swift and

Berkeley, was the most conspicuous. These schools, though often nominally

open to different creeds, became, nevertheless, in the eighteenth century,

under the Protestant ascendency, supreme in the land, restricted to the

young of the Protestant caste; they felt the effects of monopoly, and of

the corruption prevailing in the State; the education they afforded was,

for the most part, bad; their governing bodies and masters were often

grasping and selfish. After the relaxation of the penal code, the Irish

Catholics began to found secondary schools; their exertions were, in a

high degree, praiseworthy; and though these schools received no support

from the State, some of them have done really excellent work. A number,

too, of secondary schools were established in Ulster, for the most part

for Presbyterian uses; some of these are sectarian, some open to all

faiths; some have, others have not, received assistance from the State; in

several the education given has been, on the whole, good. A few secondary

schools--St. Columba is much the best--have also been founded within the

last century, usually for the benefit of the late Established Church of

Ireland.

The progress made by secondary schools in Ireland, even in the nineteenth

century, has not been rapid. It is not to be named with the immense

development of public schools in England, within the same period, caused,

in some measure, by the genius of Arnold; secondary Irish schools, in

fact, have been largely a failure, like other institutions of British

origin. This is mainly to be attributed to three reasons: the higher upper

classes in Ireland usually send their sons to be educated in the great

English public schools; the Irish secondary schools are seldom well

endowed; above all, the upper middle class in Ireland is small and has

little influence. Two Commissions, appointed in 1854 and in 1878, examined

secondary education in Ireland as it then existed; their reports give a

far from favourable account of the system. The secondary Irish schools

have not been much affected by an Act of Parliament passed in 1885, which

provided for making better schemes for their management; but certainly

they have derived very great benefit from the Intermediate Education Act

of Lord Cairns, which established a system of competition between them,

and secured prizes for successful competitors. In these honourable trials

the Catholic schools have done well; but even now the secondary schools

are decidedly inferior to what they ought to be, and do not exhibit many

signs of improvement. An impartial inquirer thus described them in

1871:[186] 'Upon the whole, secondary instruction, throughout the country,

was as some one--I believe Lord Cairns--said, "bad in quality and

deficient in quantity." The fact seems incredible, but there can be no

doubt of its authenticity, viz. that out of a total population of

5,500,000, there were only 10,814 boys in Ireland learning Latin, Greek,

or modern languages in 1871. Or, to put the matter in another way, while

in England about ten or fifteen in every 1000 were instructed in these

languages, only two in every 1000 were instructed in them in

Ireland.'[187]

I pass on to University life in Ireland, the question, I have said, most

prominent at this time. Ireland had no Oxford or Cambridge in the Middle

Ages; an attempt to establish a University in Dublin failed; science and

literature could not grow up in a land distracted by feudal and tribal

strife, and in which two Churches were continually at war with each other.

Elizabeth founded Trinity College towards the close of her reign, on the

site of a monastery that had been suppressed; it was the intention of the

queen, and of her two first successors, that this seminary should expand

into a University in the true sense, containing a number of colleges

within its sphere, and probably open to all students whatever their race

or their faith. This happy consummation, however, was made impossible

during the long period of civil war and trouble, which only came to an end

with that of the seventeenth century. Trinity College remained a single

foundation; and, in the era of Protestant ascendency that ensued, when

Catholic Ireland lay under the ban of the penal code, it necessarily

became an exclusively Protestant place of learning, its dignities, its

honours, nay, admission to it, being reserved to members of the

Established Church. It had, however, been amply endowed; and, from an

early period, it possessed many distinguished worthies, the names of

Ussher, of King, of Browne, and of others, being still remembered. Trinity

College, strange to say, was very High Church during the reigns of the two

last Stuarts and of Anne; its leading divines preached the creed of

passive obedience; and it was remarkable for its aversion to Presbyterian

Ireland, as was clearly shown in the diatribes of Swift. The college,

however, became Whiggish and Low Church during the reign of Walpole--its

Provost was appointed by the Crown; and until nearly the close of the

eighteenth century, its professorships, its fellowships, its scholarships,

its degrees, even entrance to its walls, were strictly confined to the

dominant communion of the Anglican Church. But a liberal spirit grew up,

and gained strength within it; this appears in many of the admirable

writings of Berkeley, breathing the ideas that afterwards inspired

Grattan, and in the histories of Leland and Warner, on the whole just to

the vanquished Catholic people; and after the almost National movement

which produced the Revolution of 1782, Trinity College took a remarkable

step, which proved that it was in advance of the politics of that age. In

1793, when the Irish Parliament passed a great measure of Catholic relief,

the college made Catholics eligible for its degrees and its minor prizes;

and, but that its statutes made this impossible, it would, perhaps, have

allowed Catholics to become professors, fellows, and scholars--in short,

to have a share in its dignities and its government. Nothing like this was

done at Oxford and Cambridge until the nineteenth century had run far its

course.

From this time onwards Trinity College, accessible to Presbyterians some

years before, received Catholics honourably within its precincts. A few

distinguished Catholic Irishmen have obtained the excellent education it

has always afforded; and these have been treated with scrupulous fairness;

no attempt at proselytising has ever been made or thought of. Their

numbers, however, have never been large; and they were necessarily placed

in an inferior position, for they could not become professors, fellows, or

scholars; the college remained an institution essentially Protestant, even

anti-Catholic, in much of its teaching, for example, in the predilection

it long showed for Locke. The college continued to thrive and to make

progress; the reproach cast on it that she was the 'silent sister,' was

rather due to the want of publishing enterprise in the Irish capital, than

to any deficiency in literary power; at all events, it has long ago been

removed; Trinity College has stood for a century in the foremost rank of

places of learning famed for scientific eminence. In 1843-44 an attempt

was made to introduce Catholics on the foundation, as scholars; but this

was prohibited by the statutes; some 'non-foundation' scholarships were

then endowed; and Catholics were enabled to compete for them. This was the

position of the college, when, in 1844-45, after the agitation for Repeal

had shown how disaffected Catholic Ireland still was, Peel turned his mind

to Irish remedial measures, and among these to a reform of high education

in Ireland. His policy was to maintain the Union intact, and all the

institutions closely connected with it, but to create institutions, so to

speak, alongside of these, to which Irish Presbyterians, and Catholics

especially, might freely resort, in complete equality with all Irishmen;

he therefore left Trinity College exactly as it was, but resolved to

establish and endow places of learning, which he hoped would be popular

supplements to it, and would give a University training to students who,

as affairs stood, were not on the same level as the favoured Protestants

in it. He founded the Queen's Colleges of Belfast, of Cork, and of Galway;

these were supplied with an ample staff of professors, endowed, and given

the means to bestow many prizes; and they were affiliated to the Queen's

University, empowered to confer degrees. The principle on which these

institutions were formed was, following the so-called liberalism of the

time, almost exactly the same as that on which the Irish National Schools

had been based. Secular education in them was to be united, religious

education was to be kept apart; their students were to learn the things

that belonged to this world together; but as to what belonged to another

world, this teaching was to be provided by their pastors outside their

colleges, and they were not to have it in common. The colleges, and the

University, therefore, were essentially seats of non-religious knowledge;

religious equality, it was said, could be only thus secured; and residence

in the colleges was not required.

The principle pervading the Irish National education system was certainly

open to grave objections; these became infinitely stronger, when it was

applied to a system of high education in Ireland. Secular instruction

could be really combined, and given to children together, when limited to

the first rudiments: how could it be combined when it should embrace such

subjects as moral philosophy, metaphysics, modern history, nay, physical

science, and when taught to young men of the University age? Besides,

religious instruction, without a great shock to conscience, could be made

a subordinate consideration in mere day schools: how could it,

consistently with Christian duty, be practically excluded from a

University course, and left to undergraduates to be dealt with as they

might think fit, and that at the most critical time of their life?

Indifference to the Divine, masked in specious 'liberal' phrases, was, in

truth, the cardinal feature of this scheme; it would have been severely

reprobated by Burke; it was repugnant to the ideas of five-sixths of

Irishmen; its tendency was to form minds in superior men, like those of

Hume and Gibbon, in inferior men, to produce infidel, even atheistic,

sentiments. It was denounced as 'godless' in the House of Commons by the

High Church party; it was condemned by O'Connell, from the outset, though

the men of 'Young Ireland' were not adverse; after some hesitation, it was

rejected unequivocally by the Irish Catholic bishops,[188] and finally was

held up to anathema at the Synod of Thurles. That the bishops were sincere

is proved by the fact, that they established the Irish Catholic University

a few years afterwards--the first head of this creation was Newman; and

the foundation has been maintained ever since, though it could not give a

degree, and it received nothing from the State, and its only funds were

the contributions of a poor communion, a noble example of self-sacrifice

and of a true sense of duty. Meanwhile, the Queen's Colleges and

University were kept up and endowed, at the rate of about £30,000 a year;

the College of Belfast has done well, for it falls in with Presbyterian

ideas; but the Colleges of Cork and of Galway, notably the last, have been

sorry, nay, almost useless, failures; and Peel's hope that his project

would secure a good University training to Irish Catholics of the better

class has not been, to any real extent, fulfilled. Trinity College

remained for many years unchanged, that is, it gave an admirable education

to a very few Catholics; but it continued to be a Protestant institution

in its essential nature; its governing body and its hierarchy were all

Protestant; its teaching was Protestant in some of its parts; its higher

honours were a monopoly of the favoured communion.

The extreme unfairness of this University system, the ascendency secured

to Trinity College, which, admirable institution as it was, was

practically nearly confined to Protestants of the upper class; the

failure, with respect to Catholic Ireland, of the Queen's Colleges and the

Queen's University, and the large and useless expenditure this involved;

above all, the denial to the Catholic University of any share in the

bounty of the State, though its claim to it could be hardly

doubtful,--attracted the attention of several statesmen, from 1850 to

1870; but nothing was done, or even attempted. The subject was taken up by

Mr. Gladstone, with characteristic earnestness, during his first Ministry;

he declared that University education in Ireland was 'a scandal;' indeed,

Irish education of the higher kind was the third branch of the upas tree

which threw its baleful shade over the land. He brought in a measure of

reform in the session of 1873; it was an ambitious and a comprehensive

scheme; but it was much the worst of his Irish reforms of this period; and

it ended in complete and disastrous failure. With the historical instinct

occasionally seen in his legislation, Mr. Gladstone proposed to revive the

idea of Elizabeth and the first Stuarts, and to found a great National

University, which was to have the management and control of the higher

education throughout Ireland. The governing body of this new institution

was to be composed partly of men chosen by the Lord-Lieutenant, and partly

of the heads of the colleges to be connected with it; and it was to have

the sole power of conferring degrees in Ireland. Trinity College was to

hand over to the National University a sum of £12,000 a year, that is,

more than a fourth of its endowments from the State; its professorships,

its fellowships, its scholarships, in a word, all its prizes, were to be

thrown open to all its students whatever their faith; but in most other

respects it was not to be essentially changed, except as to the power of

granting degrees. Trinity College was to be affiliated to the National

University as a dependent college, and so were a number of minor colleges;

but this remarkable distinction was made in homage to the 'liberalism' of

the day: the Queen's Colleges, that of Galway being suppressed as useless,

were to retain the endowments they received from the State, on the ground

that they were free to all comers; but the Catholic University was not to

obtain a shilling, nor yet other colleges of a sectarian type, on the

ground that they were 'close and exclusive,' this being the case of all

the Catholic colleges that could be affiliated to the new foundation. The

Queen's University was to be abolished, for the National University was to

be sole and supreme; and then came provisions, which, strange as they may

appear at first sight, were perhaps inevitable under the conditions on

which the project was formed. Moral philosophy, metaphysics, and modern

history were shut out from the National University course; they might be

taught in the colleges, but were to be no part of University learning. And

the National University, like the Queen's Colleges, was to be

'non-religious;' its system of education was to be secular and united,

that is its students were to be examined together in secular learning, but

in religious matters they were to stand apart; religion, indeed, might be

a subject of college teaching, but it was not to be heard of within the

University walls; in fact, it was probably to be left to the students and

their clergy.

This complicated measure, not easy thoroughly to understand, was

sustained, for a few days, by the glamour of Mr. Gladstone's rhetoric. But

ere long it arrayed against it an immense preponderance of opinion in

Ireland, and was assailed with fatal effect in the House of Commons. The

Heads of Trinity College took the initiative in declaring against it; in

debates, wise, patriotic, and just alike, they recognised the claims of

Catholic Ireland; but they protested against the wrong being done to the

great and ancient foundation they represented, and especially against the

degradation to which it was subjected by the Bill. Trinity College was to

be deprived for no reason of a large part of its revenue; it was to be

placed under a governing body, in which nominees of the Castle would be

all-powerful--an influence pernicious to its independence and

self-government; above all, the National University was to supplant it,

and was to exclude from its teaching the noblest studies of the intellect

of man. The Platonism which had inspired Berkeley, the records which had

animated the genius of Burke, and had been fostered in the Alma mater of

these great worthies, were to be banished from a foundation which was to

be made the head of University life in Ireland. These sentiments were

fully shared by enlightened Irishmen: that moral and metaphysical science

and modern history should be virtually proscribed in the University about

to be set up, was, as it were, putting out one of the eyes of the

intellect, effacing what was best in the map of knowledge. But the most

decisive condemnation of the scheme was that pronounced by the Irish

Catholic bishops. Like their predecessors of nearly thirty years before,

and the Anglican High Church party of that day, they asserted that the

project was really 'godless;' it was irreligion in the mask of

non-religion; its liberalism was in the highest degree illiberal, for it

offered their flocks a system of education it was known they would reject;

and it was flagrantly, nay, basely, unjust, for while Trinity College, and

the Queen's Colleges, and the Queen's University, were to remain endowed,

the Catholic University and all Catholic colleges were to get nothing from

the State. These arguments made their way into the House of Commons, and

were vindicated in speeches of great ability. Disraeli dwelt especially on

the poverty and the imperfection of a University scheme, in which the

finest branches of knowledge were not to enter; he frankly denounced the

Bill as 'atheistic,' an epithet which Burke assuredly would have fastened

on it. Other speakers, notably Ball, a very brilliant Irishman, enlarged

on the wrong done to Trinity College, and earnestly advocated the Catholic

claims; not only was the minister offering a stone for bread, he was

virtually trying to bribe the Irish Catholic into accepting institutions

he disliked, and in the attempt was deeply offending his conscience.

Notwithstanding the efforts of a powerful Government, the Bill was

rejected by the House of Commons; nearly all the Irish members voted

against it, and so did the best men of the Liberal party.

The year that witnessed the collapse of Mr. Gladstone's measure,

witnessed, also, a reform of Trinity College conceived in the spirit of

the 'liberalism' of the hour, and hailed as an illustration of what is

called progress. The government, the dignities, and the prizes of the

college were thrown open to all without regard to their creed; this was

welcomed as 'University equality' in the most perfect sense. It is a

mistake to suppose that a corresponding change was ever made at Oxford and

Cambridge; the extension of their privileges to persons whatever their

faith, has, thanks to the exertions of the late Lord Selborne, been

strictly confined to lay offices; the religious character and teaching of

the Universities have been carefully preserved.[189] Though Trinity

College has been made 'non-religious' by this measure, and that to such a

degree that its governing body might conceivably be composed of avowed

atheists, it has, nevertheless, to this day remained a Protestant

institution in all essential respects. Its professors, fellows, and

scholars have, since 1873, been nearly all Protestants; its Catholic

students are not eight in a hundred of the number as a whole; and the

chief practical result of the late reform has been to make the heads of

the Irish Catholic Church more opposed than before to seeing Catholics

enter its precincts. In 1879, Lord Beaconsfield's Ministry made an attempt

to diminish the injustice done to Irish Catholics by the system of

University education still in force in Ireland. The Queen's University was

abolished; a Royal University was established, which was enabled to confer

degrees on, and to give prizes to, the students of the Catholic University

and other colleges; but the Royal University is a mere Examining Board; it

is not a University properly so called. One incident connected with this

institution deserves attention; the success of the students of Catholic

colleges at the Royal University examinations has been so great, that it

ought to silence jeers at the 'superstition' which keeps them back, the

vulgar cant of ignorant prejudice or worse.[190] Meanwhile the iniquities

and anomalies of the Irish University system have continued but very

little changed.[191] Trinity College remains a Protestant institution

well endowed, almost a monopoly of the Protestant upper class in Ireland,

practically little resorted to by Irish Catholics; the Queen's Colleges

are avoided by the Irish Catholics, as being 'irreligious' if called

'non-religious,' though the College of Belfast suits Presbyterian views;

they, too, receive a large bounty from the State; but the Catholic

University, the true seminary for the upper middle Catholic classes, and

now divided into different colleges, is still, as such, left out in the

cold. Its students, no doubt, can obtain Royal University degrees, and

some of its professors have been placed as examiners on that foundation;

but it is the veriest mockery to call this justice when we look at Trinity

College and the Queen's Colleges. 'The words of scripture are reversed,'

in Macaulay's language; 'the rich are filled with good things and the

hungry are sent empty away.'

I do not envy those who, whatever their reasons, refuse to acknowledge the

wrong done by these arrangements. It will hardly be denied, in the

twentieth century, that Protestant ascendency ought not to exist in any

sphere of Irish affairs, and that in University life, as in all matters,

Irish Catholics ought to have civil equality, and that without a violation

of the rights of conscience. It has been triumphantly maintained that, in

high education, these conditions are actually fulfilled in Ireland;

Trinity College and the Queen's Colleges are accessible to all students,

without regard to their religion or no religion; these have a perfectly

equal right to share in the government and the honours of institutions

thrown completely open. But those who argue in this way either shut their

eyes to facts, or will not perceive that this fine 'liberalism' in Ireland

works sheer injustice. Catholics are but a handful of students in Trinity

College and the Queen's Colleges compared to what their natural proportion

ought to be; Trinity College, if nominally open, is in all essential

respects Protestant; the Queen's Colleges as being 'non-religious,' that

is, in the view of their Church 'irreligious,' are practically avoided by

Irish Catholics; yet the State endows Trinity College and the Queen's

Colleges; it starves the Catholic University and other Catholic colleges,

which are thus unfairly handicapped by their rivals. If this is not

furthering Protestant ascendency in Irish high education, and denying

civil equality to Irish Catholics who, in this matter, will not forego the

rights of conscience, I do not know what else it can be; it seems to me to

be iniquity in no doubtful sense. And are the objections of the Irish

Catholics, in this province, as 'irrational' and 'superstitious' as has

been scoffingly said? Reverse the case of Trinity College: suppose that

England was a Catholic Power, and that she kept up a great Catholic

University in the Irish capital, discountenancing Protestant institutions

in many ways, how many Protestants would enter its walls, how soon would

the cry of Catholic ascendency be raised? Or suppose that Oxford and

Cambridge were made 'non-religious,' as the Queen's Colleges in Ireland

are, would not an immense majority of English parents declare that these

seats of learning were 'godless,' and persistently keep their sons away

from them? The simple truth is that the Catholic objections to Trinity

College and the Queen's Colleges are really those which, in this matter,

have been entertained by the deepest thinkers; to my mind, at least, they

seem perfectly well-founded. As to the statement that these objections are

those of the Irish Catholic bishops alone, and are mere 'superstitious

fancies,' it is enough to reply that, on two occasions, the Irish

Catholic laity have distinctly pronounced on this subject, and have

declared that they agree with the heads of their Church. And as to the

argument that Catholic States do not endow sectarian institutions like the

Catholic University and other Irish Catholic colleges, it will be quite

time enough to examine this when anything like such a state of things can

be found as that which at present exists in Ireland.

One argument, however, seldom frankly set forth, but hinted at in a

variety of ways, has been a real obstacle to a reform of this vicious

system; it strongly appeals to British national prejudice, of all

aberrations of opinion the most difficult to overcome. 'Popery,' it is

said, is a 'detestable thing;' a 'Protestant' State 'must have nothing to

do with it;' to endow a Catholic University in Ireland, therefore, or any

colleges of the same complexion, would be 'sacrificing to Baal,' or

something as wicked. Catholic Ireland must put up with Trinity College and

the Queen's Colleges, which have been made open to all sorts and

conditions of men; its 'conscientious objections' are mere 'bigotry.' This

reasoning, which condemns as impious the religion of the greatest part of

Christendom, would unfortunately overthrow many arrangements by which

provision has been made in our 'Protestant' State for Catholic

institutions of different kinds; if pushed to its consequences, it would

revive the penal code in Ireland, and lead to the confiscation of Catholic

charities. But though it has still indirectly an effect on some

politicians, it is, in its naked simplicity, only the faith of Mr. Kensit

and of those who walk in his footsteps; it is worthy of the philosophy of

Lord George Gordon, of the meekness of Orangeism, of the bray of Exeter

Hall. For some time a turn in British opinion has happily taken place;

'liberalism,' it has been perceived, in Irish University education has

failed; Mr. Arthur Balfour has made himself conspicuous in advocating the

just claims of Catholic Ireland. Even as I write a Commission is being

appointed to consider the whole subject of University life in Ireland;

there can be no reasonable doubt that it will fully bring to light the

anomalies and the unfairness of the existing system, and will recommend

that the Catholic University, and other Catholic colleges perhaps, shall

be endowed. In truth, things have already come to such a pass that Trinity

College, the one institution of which, it is said, 'all Irishmen are

really proud,' will, owing to the exceptional favour it receives from the

State, be placed in grave danger, and the Queen's Colleges also, if a

Catholic University in Ireland be not established and endowed, in order to

secure to the Irish Catholic civil equality, in high education, through

the assistance of the State.[192]

On what principles, then, and by what means, is University education in

Ireland to be so reformed as to do equal justice to all Irishmen, to place

Protestants, Presbyterians, and Catholics on the same level, and,

especially, to vindicate the rightful claims of Catholic Ireland? Two

leading projects have at least been sketched out: the first, the grander

and the more ambitious, but, in my judgment, scarcely possible to carry

into effect; the second, more simple, more in harmony with existing facts,

and, I think, safer and much more easy to realise. The first scheme,

following in some respects the measure of Mr. Gladstone of 1873, but

making a marked improvement on it, would aim at establishing and endowing

a National University for all Irishmen, which should have a power to

confer degrees, in common with the Royal University now existing, and

should have an ample professional staff; it should have its examinations

for degrees and for other honours. The governing body of this University

should be composed of the heads of the colleges affiliated to it--the

element of the Castle being excluded, according at least to the best

authorities--and Trinity College should not be deprived of any part of its

revenues, as it was to be under the Bill of 1873. Two of the Queen's

Colleges probably should be suppressed; but the College of Belfast, which

has been successful, should probably be made a Presbyterian college, at

least in the main; the endowments it would receive should be, doubtless,

increased. High Catholic education should be provided for in this way: The

Catholic University should be established and endowed, and placed

reasonably on a level with Trinity College, and perhaps other Catholic

colleges also; but, in consideration of this assistance from the State, a

lay element should be introduced into the Catholic University governing

body; this should not be composed wholly of Catholic clergymen; and the

teaching body should be composed of men, chosen without regard to

religious distinctions, but so constituted that a majority should be

Catholics, and that Catholic education should be predominant. Other

Catholic colleges might be connected with this institution; and Trinity

College, the Catholic University, and the Belfast and all other colleges,

should be subordinate to the National University in this sense; their

students should be obliged to resort to it, or to the Royal University if

they preferred it, in order to pass examinations, and to obtain degrees or

other honours, there being thus two Universities of different types in

Ireland. Education in all the affiliated colleges should be perfectly

free, that is, left to the arrangements made by their governing bodies;

but a certain standard of proficiency should exist, which, however, the

tests of University examinations would probably secure.

An Irish National University, could it be founded on these lines, would

present many attractive features, would realise, indeed, a noble ideal. It

would preserve Trinity College as a great place of learning, would give

Presbyterian Ireland a college practically its own, and ought to satisfy

the legitimate demands of Catholic Ireland. That its dependent colleges

should compete with each other for its degrees and honours, and be

friendly rivals in the splendid race of learning, would also be an immense

advantage; and the Royal University would, doubtless, suffice for students

too poor to enter the dependent colleges, and yet aspiring to pass

examinations and to obtain degrees. But could a National University of

this type be set up in Ireland with a prospect that it would succeed or

flourish? Its governing body would be formed of the heads of the colleges

connected with it; these would be mainly composed of Catholic and

Protestant divines: could these, in the existing state of Ireland, agree

as to the University course that ought to be adopted? Suppose that

Archbishop Walsh and Dr. Salmon, the venerable provost of Trinity College,

were together members of this supreme board. Would the first approve of

Locke's Essay on the Human Understanding as a subject of examination in

the University schools? Would the second approve of Bellarmine and even of

Bossuet? Dissension, I fear, would be the inevitable result; and in that

case 'the Castle' would certainly try to gain authority over the governing

body, and to place on it nominees of its own, in my judgment, an

exceedingly mischievous thing. Very probably, too, the State, in the long

run, would deprive Trinity College of some of its revenues, on different

pleas that could be plausibly urged; to this there would be the gravest

objections. And how could moral philosophy, metaphysics, and modern

history, nay, even physical science itself, be made parts of University

studies? How could Protestants and Catholics be examined in them in

common? Would it not be necessary to exclude them from University

teaching, as in the case of Mr. Gladstone's ill-starred measure--to close

the University to the best works of the intellect of man, to deprive it of

the most fruitful branches of learning? I fear the idea of a National

University, as affairs now stand in Ireland, is not likely to become a

reality with results that could be deemed hopeful. No doubt the Royal

University does, to some extent, have examinations on these debateable

subjects; but they occupy a very small place in its teaching; and in a

National University this ought not to be the case.

A National University would not be founded in Ireland under the second

project. Trinity College would remain completely intact; it would retain

its present governing body, its privileges, and its power of conferring

degrees. The Queen's Colleges--that of Galway being probably suppressed,

and its funds transferred to the College of Belfast--and the Royal

University would continue unchanged; the students of the Queen's Colleges

would probably seek degrees from the Royal University as they do at

present. But the Catholic University should be established and endowed,

and placed on the same level as Trinity College, as far as this could be

effected by law; the charge of the endowment would not be great--it would

be perhaps £100,000 for buildings, and perhaps £40,000 a year for other

purposes; but the students, and those of other colleges to be connected

with it, would not be numerous, at least for years; it should, of course,

have the power of conferring honours and degrees. In return for these

advantages, the State should have a right to insist that its governing

body should be in part laymen--the Irish Catholic bishops have already

agreed to this; and the State ought, also, to have a right to require

that the secular education it should afford should be good, a security

which could fully, if indirectly, be obtained. The advantages of this

scheme, it is obvious, are that it would get rid of the difficulties

inseparable from a National University in Ireland; it would preserve

Trinity College exactly as it is, an enormous gain for that great place of

learning; it would interfere as little as possible with things as they

are; and it would do all that Catholic Ireland could reasonably demand. It

is understood that a scheme of this description has the approval of the

authorities of Trinity College, and of their distinguished representative,

Mr. Lecky; their opinions are of the very greatest weight. The only real

objection made to this plan is one made by characteristic prejudice: the

education, in the Catholic University, it is said, would be bad, and its

degrees would be of no value. In the face of the success of Catholic

University students at the Royal University examinations, the first

assertion has been proved to be false; and besides, this is the affair of

the students and their parents alone. As to the inferiority of the

Catholic University degrees, there is no reason to believe that this would

exist; these degrees, moreover, would have to compete with those of the

Royal University and of Trinity College; if they were really inferior,

this would soon be found out, and the Catholic University would have to

increase their value. This is the true security the State and the public

would possess.

A few 'Present Irish Questions' remain, on which I may offer passing

remarks. Ireland is essentially a poor country; her middle class is

comparatively very weak; her trade and manufactures are small; the greater

part of the community is a Celtic race. It has long been contended by

well-informed Irishmen that many undertakings, which, in Great Britain,

have properly been left to private enterprise, ought, in Ireland, to be

carried out by the State, as for centuries has been the case in France, a

Celtic land, as was largely the case in Ireland under her extinct

Parliament. This observation especially applies to the Irish railway

system. As long ago as 1836, Thomas Drummond, the Under Secretary of

well-known renown, strongly recommended that Irish railways should be laid

out, managed, and controlled by the Government; but this was inconsistent

with English ideas; the Irish railways were abandoned to private

companies. The results have been very far from fortunate; many of the

lines have been badly designed; the Irish railway fares are a great deal

too high; too numerous boards of directors are a heavy charge; railway

communication, in a word, in Ireland is of an inferior kind, and much too

costly in a backward and poor country. Not indeed that the State has not

made large advances to Irish railway companies, some of these on terms

very unjust to ratepayers; but the system is faulty and ill-developed; a

reform in this direction is greatly wanted.[193] As Drummond insisted, the

State, even now, ought to buy up and direct the Irish railways; but this

is only a part of what it ought to do in this province. The material

condition of Ireland is not prosperous; her main river basins require

drainage; her whole arterial drainage is in a bad state, and has suffered

much from the legislation of 1881, and from the policy of so-called 'land

purchase,' for ordinary Irish tenants will not keep it up, and their

landlords cannot now be expected to do so; these works must be undertaken

by the State, or assuredly they will not be undertaken at all. Mr. Arthur

Balfour has done something in this direction by the encouragement of light

railways in remote parts of Ireland, and by the foundation of the

'Congested Districts Board,' an institution that has had excellent

results. But this is only the fringe of the subject; an enormous amount of

work remains to be done; and this, in the circumstances of Ireland, can

only be done by the Government.

In a book which has attracted some attention--'Ireland, 1798-1898'--I

wrote these words nearly four years ago: 'An Irishman, Wolseley, an

Irishman, Roberts, are the foremost of living British soldiers; but there

are no Irish Guards, and few Irishmen in our artillery; we see here a want

of tact and of sympathy.' Time, in this respect, has suddenly brought its

changes; has again illustrated the genius of the Irishman in war, and, in

some measure, has removed a reproach from England. It is true that the

conspiracy, which still exists in Ireland, did all that it could to

prevent Irishmen from taking part in the contest in South Africa, and that

even a petty Irish contingent appeared in the ranks of the Boers. But Lord

Wolseley had at least a great share in fitting out the largest expedition

which has ever left our shores to fight an enemy at a distance of six

thousand miles--no other power could do anything of the kind; and without

disparaging our other generals, the presence of a superior mind was at

once seen when Lord Roberts was given the supreme command in our army. And

the Irish soldiery who fought in the campaigns of 1899-1900 were true to

the noble traditions of their race; they were in the forefront of many a

bloody conflict; and now that a regiment of Irish Guards has been at last

embodied--a tardy acknowledgment of Irish military worth--England may rest

assured that these men will rival the famous Irish Brigade of another age,

'ever and everywhere true' to the Bourbon lilies, and conspicuous in the

service of France on many a field of renown. I may add a word on another

subject, in which Ireland perhaps has a just claim on England. The

descendants of the chiefs, who, in Scotland, clung to the cause of the

Stuarts, have, for the most part, regained their forfeited lands and

honours; no such reparation has been made to the descendants of Irish

nobles and princes, who supported the Stuarts in the nobler cause of

their country. The representative of the last of the Celtic kings of

Ireland--a man of large possessions and of unquestionable parts--has no

place on the roll of the peerage; the sons of ennobled Cromwellian

troopers and tradesmen have precedence at Court over the sons of the most

illustrious Milesian Houses. This is not a mere trifle as may carelessly

be said; it tends to revive memories that it were better to forget. Can

nothing be done to make a graceful concession, which would touch many an

Irish heart, and would go some way to promote a spirit of loyalty and hope

in Ireland, which it should be a great object of statesmanship to create

and foster?

If the picture I have drawn of Ireland is correct in outline, there is

much of evil omen in her present condition. The ancient divisions of race

and faith, the most distinctive feature in her social structure, are at

least as deeply marked as they have been for a century; bad legislation

has made them deeper and wider. Catholic Ireland remains disaffected to

British rule, despite efforts of conciliation and concessions that cannot

be justified; no class in the community is completely satisfied;

discontent rankles in the hearts of the landed gentry. The Union, indeed,

has been successfully maintained; the frightful agrarian disorder of

1881-89 no longer exists. But the Union is not permanently assured as long

as the Liberal party and eighty Irish members demand Home Rule, and the

over-representation of Ireland continues; the conspiracy of the Land and

the National Leagues has revived in that of the United Irish League; and

this seeks to compass the ends of its prototypes by obstruction in

Parliament and detestable socialistic tyranny. And the frame of Irish

society has been well-nigh shattered; ruins have been made, nothing solid

has been put in their place. An aristocracy, long waning, has been

practically destroyed, and can no longer be a support of the State; the

bureaucracy of the Castle reigns in its stead; but this is essentially a

weak Government; it can maintain order, but has no hold on the people; the

Irish democracy, to which power has been transferred, regards it with a

dislike and a contempt it does not try to conceal. The country has made

hardly any progress of late years; if some improvement in the state of the

middle classes appears, agriculture, its leading industry, has perceptibly

declined. In by far the most important of Irish social relations, those

connected with the land, a revolution has taken place; a huge if a veiled

confiscation has gone on; the landed gentry have been shamefully wronged;

the occupiers of the soil have been most unduly favoured; yet both classes

declare they have been ill-treated, notably the last. And the Irish land

system has been turned upside down, with consequences disastrous and

far-reaching; the landlord has been cut off from his estate; the tenant

has been encouraged in thriftlessness and waste by law; the land has been

bound in a ruinous mortmain, like that which existed under the penal code,

and subjected to demoralising litigation, breeding a war of class; capital

and fruitful enterprise turn away from it. And, at the same time, in order

to lessen these evils, recourse has been had to remedies that are perhaps

worse; the system of so-called 'land purchase' has been devised; the

result has been to create a class of peasant owners reproducing the nearly

extinct middleman, and, above all, to arouse a cry for the 'compulsory

purchase' of the rented lands of Ireland, an act of wholesale spoliation

unjust and disastrous alike. In the position of affairs we now see in

Ireland, the stability of society has been rudely shaken; the sense of the

security of property has well-nigh disappeared; the sanctity of contracts

has no respect; the pillars on which order and prosperity rest have been

injured; violent revolution has been arrested, indeed, but revolutionary

and socialistic ideas spread far and wide. And will any impartial inquirer

deny that these untoward results may be largely ascribed to the faulty

legislation of late years, and to a system of administration shifty and

feeble? And what judgment is to be passed on the thoughtless optimism too

common in opinion with respect to Ireland? Meanwhile, reforms imperatively

required are not even attempted; they are passed over or postponed to some

more convenient season. The time surely has come to look things in Ireland

straight in the face; to see if statesmanship cannot do something really

effective for her good. This end assuredly will not be attained by

breaking up the Three Kingdoms under the guise of Home Rule, or by

promoting a confiscation the worst Ireland has ever seen; still less will

it be attained by the quackery in legislation and administration too

apparent of late years; nor can trifling and foolish optimism blind the

eyes of intelligent thinkers to facts. Ireland can only expect to make

progress by ruling the community on the just and sound principles to which

long experience has given its sanction; and this consummation can only be

the slow result of time.

APPENDIX

THE IRISH GOVERNMENT BILL, 1886.

ARRANGEMENT OF CLAUSES.

Part I.

_Legislative Authority._

CLAUSE

1. Establishment of Irish Legislature.

2. Powers of Irish Legislature.

3. Exceptions from powers of Irish Legislature.

4. Restrictions on powers of Irish Legislature.

5. Prerogatives of Her Majesty as to Irish Legislative Body.

6. Duration of the Irish Legislative Body.

_Executive Authority._

7. Constitution of the Executive Authority.

8. Use of Crown Lands by Irish Government.

_Constitution of Legislative Body._

9. Constitution of Irish Legislative Body.

10. First order.

11. Second order.

_Finance._

12. Taxes and separate Consolidated Fund.

13. Annual contributions from Ireland to Consolidated Fund of United

Kingdom.

14. Collection and application of Customs and Excise duties in Ireland.

15. Charges on Irish Consolidated Fund.

16. Irish Church Fund.

17. Public loans.

18. Additional aid in case of war.

19. Money bills and votes.

20. Exchequer Division and revenue actions.

_Police._

21. Police.

PART II.

_Supplemental Provisions._

Powers of Her Majesty.

22. Powers over certain lands reserved to Her Majesty.

Legislative Body.

23. Veto by first order of Legislative Body, how overruled.

24. Cesser of power of Ireland to return members of Parliament.

Decision of Constitutional Questions.

25. Constitutional questions to be submitted to Judicial Committee.

Lord-Lieutenant.

26. Office of Lord-Lieutenant.

Judges and Civil Servants.

27. Judges to be removable only on address.

28. Provisions as to Judges and other persons having salaries charged on

the Consolidated Fund.

29. As to persons holding Civil Service appointments.

30. Provision for existing pensions and superannuation allowances.

_Transitory Provisions._

31. Transitory provisions in Schedule.

_Miscellaneous._

32. Post office and savings banks.

33. Audit.

34. Application of parliamentary law.

35. Regulations for carrying Act into effect.

36. Saving of powers of House of Lords.

37. Saving of rights of Parliament.

38. Continuance of existing laws, courts, officers, etc.

39. Mode of alteration of Act.

40. Definitions.

41. Short title of Act.

SCHEDULES.

_A Bill to amend the provision for the future Government of Ireland._

[A.D. 1886.

Be it enacted by the Queen's most excellent Majesty, by and with the

advice and consent of the Lords Spiritual and Temporal, and Commons, in

this present Parliament assembled, and by the authority of the same, as

follows:

PART I.

_Legislative Authority._

[Sidenote: Establishment of Irish Legislature.]

=1.= On and after the appointed day there shall be established in Ireland

a Legislature consisting of Her Majesty the Queen and the Irish

Legislative Body.

[Sidenote: Powers of Irish Legislature.]

=2.= With the exceptions and subject to the restrictions in this Act

mentioned, it shall be lawful for Her Majesty the Queen, by and with the

advice of the Irish Legislative Body, to make laws for the peace, order,

and good government of Ireland, and by any such law to alter and repeal

any law in Ireland.

[Sidenote: Exceptions from powers of Irish Legislature.]

=3.= The Legislature of Ireland shall not make laws relating to the

following matters, or any of them:--

(1) The status or dignity of the Crown, or the succession the Crown or

a Regency;

(2) The making of peace or war;

(3) The army, navy, militia, volunteers, or other military or naval

forces, or the defence of the realm;

(4) Treaties and other relations with foreign States, or the

relations between the various parts of Her Majesty's dominions;

(5) Dignities or titles of honour;

(6) Prize or booty of war;

(7) Offences against the law of nations; or offences committed in

violation of any treaty made, or hereafter to be made, between Her

Majesty and any foreign State; or offences committed on the high seas;

(8) Treason, alienage, or naturalisation;

(9) Trade, navigation, or quarantine;

(10) The postal and telegraph service, except as hereafter in this Act

mentioned with respect to the transmission of letters and telegrams in

Ireland;

(11) Beacons, lighthouses, or sea-marks;

(12) The coinage; the value of foreign money; legal tender; or weights

and measures; or

(13) Copyright, patent rights, or other exclusive rights to the use or

profits of any works or inventions.

Any law made in contravention of this section shall be void.

[Sidenote: Restrictions on powers of Irish Legislature.]

=4.= The Irish Legislature shall not make any law--

(1) Respecting the establishment or endowment of religion, or

prohibiting the free exercise thereof; or

(2) Imposing any disability, or conferring any privilege, on account

of religious belief; or

(3) Abrogating or derogating from the right to establish or maintain

any place of denominational education or any denominational

institution or charity; or

(4) Prejudicially affecting the right of any child to attend a school

receiving public money without attending the religious instruction at

that school; or

(5) Impairing, without either the leave of Her Majesty in Council

first obtained on an address presented by the Legislative Body of

Ireland, or the consent of the corporation interested, the rights,

property, or privileges of any existing corporation incorporated by

royal charter or local and general Act of Parliament; or

(6) Imposing or relating to duties of customs and duties of excise, as

defined by this Act, or either of such duties, or affecting any Act

relating to such duties or either of them; or

(7) Affecting this Act, except in so far as it is declared to be

alterable by the Irish Legislature.

[Sidenote: Prerogatives of Her Majesty as to Irish Legislative Body.]

=5.=--Her Majesty the Queen shall have the same prerogatives with respect

to summoning, proroguing, and dissolving the Irish Legislative Body as Her

Majesty has with respect to summoning, proroguing, and dissolving the

Imperial Parliament.

[Sidenote: Duration of the Irish Legislative Body.]

=6.=--The Irish Legislative Body whenever summoned may have continuance

for five years and no longer, to be reckoned from the day on which any

such Legislative Body is appointed to meet.

_Executive Authority._

[Sidenote: Constitution of the Executive Authority.]

=7.=--(1) The Executive Government of Ireland shall continue vested in Her

Majesty, and shall be carried on by the Lord-Lieutenant on behalf of Her

Majesty with the aid of such officers and such Council as to Her Majesty

may from time to time seem fit.

(2) Subject to any instructions which may from time to time be given by

Her Majesty, the Lord-Lieutenant shall give or withhold the assent of Her

Majesty to Bills passed by the Irish Legislative Body, and shall exercise

the prerogatives of Her Majesty in respect of the summoning, proroguing,

and dissolving of the Irish Legislative Body, and any prerogatives the

exercise of which may be delegated to him by Her Majesty.

[Sidenote: Use of Crown lands by Irish Government.]

=8.=--Her Majesty may, by Order in Council, from time to time place under

the control of the Irish Government, for the purposes of that Government,

any such lands and buildings in Ireland as may be vested in or held in

trust for Her Majesty.

_Constitution of Legislative Body._

[Sidenote: Constitution of Irish Legislative Body.]

=9.=--(1) The Irish Legislative Body shall consist of a first and second

order.

(2) The two orders shall deliberate together, and shall vote together,

except that, if any question arises in relation to legislation or to the

Standing Orders or Rules of Procedure or to any other matter in that

behalf in this Act specified, and such question is to be determined by

vote, each order shall, if a majority of the members present of either

order demand a separate vote, give their votes in like manner as if they

were separate Legislative Bodies; and if the result of the voting of the

two orders does not agree the question shall be resolved in the negative.

[Sidenote: First order.]

=10.=--(1) The first order of the Irish Legislative Body shall consist of

one hundred and three members, of whom seventy-five shall be elective

members and twenty-eight peerage members.

(2) Each elective member shall at the date of his election and during his

period of membership be _bonâ fide_ possessed of property which--

(_a_) If realty, or partly realty and partly personalty, yields two

hundred pounds a year or upwards, free of all charges; or--

(_b_) If personalty yields the same income, or is of the capital value

of four thousand pounds or upwards, free of all charges.

For the purpose of electing the elective members of the first order of the

Legislative Body, Ireland shall be divided into the electoral districts

specified in the First Schedule to this Act, and each such district shall

return the number of members in that behalf specified in that Schedule.

(3) The elective members shall be elected by the registered electors of

each electoral district, and for that purpose a register of electors shall

be made annually.

(4) An elector in each electoral district shall be qualified as follows,

that is to say, he shall be of full age, and not subject to any legal

incapacity, and shall have been during the twelve months next preceding

the _twentieth day of July_ in any year the owner or occupier of some land

or tenement within the district of a net annual value of twenty-five

pounds or upwards.

(5) The term of office of an elective member shall be _ten years_.

(6) In every fifth year thirty-seven or thirty-eight of the elective

members, as the case requires, shall retire from office, and their places

shall be filled by election; the members to retire shall be those who have

been members for the longest time without re-election.

(7) The offices of the peerage members shall be filled as follows, that is

to say,--

(_a_) Each of the Irish peers who on the appointed day is one of the

twenty-eight Irish representative peers, shall, on giving his written

assent to the Lord-Lieutenant, become a peerage member of the first

order of the Irish Legislative Body; and if at any time within _thirty

years_ after the appointed day any such peer vacates his office by

death or resignation, the vacancy shall be filled by the election to

that office by the Irish peers of one of their number in manner

heretofore in use respecting the election of Irish representative

peers, subject to adaptation as provided by this Act, and if the

vacancy is not so filled within the proper time, it shall be filled by

the election of an elective member.

(_b_) If any of the twenty-eight peers aforesaid does not within _one

month_ after the appointed day give such assent to be a peerage member

of the first order, the vacancy so created shall be filled up as if he

had assented and vacated his office by resignation.

(8) A peerage member shall be entitled to hold office during his life, or

until the expiration of _thirty years_ from the appointed day, whichever

period is the shortest. At the expiration of such _thirty years_ the

offices of all the peerage members shall be vacated as if they were dead,

and their places shall be filled by elective members qualified and elected

in manner provided by this Act with respect to elective members of the

first order, and such elective members may be distributed by the Irish

Legislature among the electoral districts, so, however, that care shall be

taken to give additional members to the most populous place.

(9) The offices of members of the first order shall not be vacated by the

dissolution of the Legislative Body.

(10) The provisions in the Second Schedule to this Act relating to members

of the first order of the Legislative Body shall be of the same force as

if they were enacted in the body of this Act.

[Sidenote: Second order.]

=11.=--(1) Subject as in this section hereafter mentioned, the second

order of the Legislative Body shall consist of two hundred and four

members.

(2) The members of the second order shall be chosen by the existing

constituencies of Ireland, two by each constituency, with the exception of

the City of Cork, which shall be divided into two divisions in manner set

forth in the Third Schedule to this Act, and two members shall be chosen

by each of such divisions.

(3) Any person who, on the appointed day, is a member representing an

existing Irish constituency in the House of Commons shall, on giving his

written assent to the Lord-Lieutenant, become a member of the second order

of the Irish Legislative Body as if he had been elected by the

constituency which he was representing in the House of Commons. Each of

the members for the City of Cork, on the said day, may elect for which of

the divisions of that city he wishes to be deemed to have been elected.

(4) If any member does not give such written assent within _one month_

after the appointed day, his place shall be filled by election in the same

manner and at the same time as if he had assented and vacated his office

by death.

(5) If the same person is elected to both orders, he shall, within _seven

days_ after the meeting of the Legislative Body, or if the Body is sitting

at the time of the election, within _seven days_ after the election, elect

in which order he will serve, and his membership of the other order shall

be void and be filled by a fresh election.

(6) Notwithstanding anything in this Act, it shall be lawful for the

Legislature of Ireland at any time to pass an Act enabling the Royal

University of Ireland to return not more than two members to the second

order of the Irish Legislative Body in addition to the number of members

above mentioned.

(7) Notwithstanding anything in this Act, it shall be lawful for the Irish

Legislature, after the first dissolution of the Legislative Body which

occurs, to alter the constitution or election of the second order of that

body, due regard being had in the distribution of members to the

population of the constituencies; provided that no alteration shall be

made in the number of such order.

_Finance._

[Sidenote: Taxes and separate Consolidated Fund.]

=12.=--(1) For the purpose of providing for the public service of Ireland,

the Irish Legislature may impose taxes, other than duties of Customs or

Excise as defined by this Act, which duties shall continue to be imposed

and levied by and under the direction of the Imperial Parliament only.

(2) On and after the appointed day there shall be an Irish Consolidated

Fund separate from the Consolidated Fund of the United Kingdom.

(3) All taxes imposed by the Legislature of Ireland and all other public

revenues under the control of the Government of Ireland shall, subject to

any provisions touching the disposal thereof contained in any Act passed

in the present session respecting the sale and purchase of land in

Ireland, be paid into the Irish Consolidated Fund, and be appropriated to

the public service of Ireland according to law.

[Sidenote: Annual contributions from Ireland to Consolidated Fund of

United Kingdom.]

=13.=--(1) Subject to the provisions for the reduction or cesser thereof

in this section mentioned, there shall be made on the part of Ireland to

the Consolidated Fund of the United Kingdom the following annual

contributions in every financial year; that is to say,--

(_a_) The sum of _one million four hundred and sixty-six thousand

pounds_ on account of the interest on and management of the Irish

share of the National Debt:

(_b_) The sum of _one million six hundred and sixty-six thousand

pounds_ on account of the expenditure on the army and navy of the

United Kingdom:

(_c_) The sum of _one hundred and ten thousand pounds_ on account of

the Imperial civil expenditure of the United Kingdom:

(_d_) The sum of _one million pounds_ on account of the Royal Irish

Constabulary and the Dublin Metropolitan Police.

(2) During the period of _thirty years_ from this section taking effect

the said annual contributions shall not be increased, but may be reduced

or cease as hereinafter mentioned. After the expiration of the said

_thirty years_ the said contributions shall, save as otherwise provided by

this section, continue until altered in manner provided with respect to

the alteration of this Act.

(3) The Irish share of the National Debt shall be reckoned at _forty-eight

million pounds_ Bank annuities, and there shall be paid in every financial

year on behalf of Ireland to the Commissioners for the Reduction of the

National Debt an annual sum of _three hundred and sixty thousand pounds_,

and the permanent annual charge for the National Debt on the Consolidated

Fund of the United Kingdom shall be reduced by that amount, and the said

annual sum shall be applied by the said Commissioners as a sinking fund

for the redemption of the National Debt, and the Irish share of the

National Debt shall be reduced by the amount of the National Debt so

redeemed, and the said annual contribution on account of the interest on

and management of the Irish share of the National Debt shall from time to

time be reduced by a sum equal to the interest upon the amount of the

National Debt from time to time so redeemed, but that last-mentioned sum

shall be paid annually to the Commissioners for the Reduction of the

National Debt in addition to the above-mentioned annual sinking fund, and

shall be so paid and be applied as if it were part of that sinking fund.

(4) As soon as an amount of the National Debt equal to the said Irish

share thereof has been redeemed under the provisions of this section, the

said annual contribution on account of the interest on and management of

the Irish share of the National Debt, and the said annual sum for a

sinking fund shall cease.

(5) If it appears to Her Majesty that the expenditure in respect of the

army and navy of the United Kingdom, or in respect of Imperial Civil

expenditure of the United Kingdom, for any financial year has been less

than _fifteen_ times the amount of the contributions above named on

account of the same matter, a sum equal to _one-fifteenth_ part of the

diminution shall be deducted from the current annual contribution for the

same matter.

(6) The sum paid from time to time by the Commissioners of Her Majesty's

Woods, Forests, and Land Revenues to the Consolidated Fund of the United

Kingdom on account of the hereditary revenues of the Crown in Ireland

shall be credited to the Irish Government, and go in reduction of the said

annual contribution payable on account of the Imperial Civil expenditure

of the United Kingdom, but shall not be taken into account in calculating

whether such diminution as above mentioned has or has not taken place in

such expenditure.

(7) If it appears to Her Majesty that the expenditure in respect of the

Royal Irish Constabulary and the Dublin Metropolitan Police for any

financial year has been less than the contribution above-named on account

of such constabulary and police, the current contribution shall be

diminished by the amount of such difference.

(8) This section shall take effect from and after the _thirty-first day of

March, one thousand eight hundred and eighty-seven_.

[Sidenote: Collection and application of Customs and Excise duties in

Ireland.]

=14.=--(1) On and after such day as the Treasury may direct all moneys

from time to time collected in Ireland on account of the duties of Customs

or the duties of Excise as defined by this Act shall, under such

regulations as the Treasury from time to time make, be carried to a

separate account (in this Act referred to as the Customs and Excise

account) and applied in the payment of the following sums in priority as

mentioned in this section; that is to say,--

First, of such sum as is from time to time directed by the Treasury in

respect of the costs, charges, and expenses of and incident to the

collection and management of the said duties in Ireland not exceeding

four per cent. of the amount collected there;

Secondly, of the annual contributions required by this Act to be made

to the Consolidated Fund of the United Kingdom;

Thirdly, of the annual sums required by this Act to be paid to the

Commissioners for the Reduction of the National Debt;

Fourthly, of all sums by this Act declared to be payable out of the

moneys carried to the Customs and Excise account;

Fifthly, of all sums due to the Consolidated Fund of the United

Kingdom for interest or sinking fund, in respect of any loans made by

the issue of bank annuities or otherwise to the Government of Ireland

under any Act passed in the present session relating to the purchase

and sale of land in Ireland, so far as such sums are not defrayed out

of the moneys received under such Act.

(2) So much of the moneys carried to a separate account under this section

as the Treasury consider are not, and are not likely to be, required to

meet the above-mentioned payments, shall from time to time be paid over

and applied as part of the public revenues under the control of the Irish

Government.

[Sidenote: Charges on Irish Consolidated Fund.]

=15.=--(1) There shall be charged on the Irish Consolidated Fund in

priority as mentioned in this section:--

First, such portion of the sums directed by this Act to be paid out of

the moneys carried to the Customs and Excise account in priority to

any payment for the public revenues of Ireland, as those moneys are

insufficient to pay;

Secondly, all sums due in respect of any debt incurred by the

Government of Ireland, whether for interest, management, or sinking

fund;

Thirdly, all sums which at the passing of this Act are charged on the

Consolidated Fund of the United Kingdom in respect of Irish services

other than the salary of the Lord-Lieutenant;

Fourthly, the salaries of all judges of the Supreme Court of

Judicature or other Superior Court in Ireland, or of any County or

other like Court, who are appointed after the passing of this Act, and

the pensions of such judges;

Fifthly, any other sums charged by this Act on the Irish Consolidated

Fund.

(2) It shall be the duty of the Legislature of Ireland to impose all such

taxes, duties, or imposts as will raise a sufficient revenue to meet all

sums charged for the time being on the Irish Consolidated Fund.

[Sidenote: Irish Church Fund.]

=16.=--(1) Until all charges which are payable out of the Church property

in Ireland, and are guaranteed by the Treasury, have been fully paid, the

Irish Land Commission shall continue as heretofore to exist, with such

Commissioners and officers receiving such salaries as the Treasury may

from time to time appoint, and to administer the Church property and apply

the income and other moneys receivable therefrom; and so much of the

salaries of such Commissioners and officers and expenses of the office as

is not paid out of the Church property shall be paid out of moneys carried

to the Customs and Excise account under this Act, and if these moneys are

insufficient, out of the Consolidated Fund of Ireland, and if not so paid,

shall be paid out of the moneys provided by Parliament. Provided as

follows:--

(_a_) All charges on the Church property for which a guarantee has

been given by the Treasury before the passing of this Act shall, so

far as they are not paid out of such property, be paid out of the

moneys carried to the Customs and Excise account under this Act, and

if such moneys are insufficient, the Consolidated Fund of Ireland,

without prejudice nevertheless to the guarantee of the Treasury;

(_b_) All charges on the Church property, for which no guarantee has

been given by the Treasury before the passing of this Act shall be

charged on the Consolidated Fund of Ireland, but shall not be

guaranteed by the Treasury nor charged on the Consolidated Fund of the

United Kingdom.

(2) Subject to any existing charges on the Church property, such property

shall belong to the Irish Government and any portion of the annual revenue

thereof which the Treasury, on the application of the Irish Government,

certify at the end of any financial year not to be required for meeting

charges, shall be paid over and applied as part of the public revenues

under the control of the Irish Government.

(3) As soon as all charges on the Church property guaranteed by the

Treasury have been paid, such property may be managed and administered,

and subject to existing charges thereon disposed of, and the income or

proceeds thereof applied, in such manner as the Irish Legislature may from

time to time direct.

[Sidenote: 32 & 33 Vict. c. 42.]

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