The New Irish Constitution Part 34

65). The next quotation is from a modern Protestant historian "The Pope would like to have freedom of conscience in Sweden and Russia; but he does not wish for it on principle, but only as a means which may be used by Providence to propagate the truth in those countries.

Pius IX. and Mgr. Pie were agreed that only in countries where the Catholics are in a minority might religious freedom be wished for by Catholics" (Nielsen "History of the Papacy in the Nineteenth Century," Vol. II., p. 263). See also _Ueber die Entwickelung des Katolischen Kirchenrechts im 19. Jahrhundert_, Von Dr. Fritz Fleiner.

86 Mr. Gladstone ("Church and State," p. 185) enumerates eight principles adopted by modern Governments with regard to the support of religion and the treatment of its varieties. He subsequently reduces them to four; the first in which heresy and schism were visited with civil penalty _pro salute animae_ for the cure of the individual. The second in which they were similarly visited, but chiefly in the view of preventing the infection of society within which limits they had appeared. The third in which disqualifications of a civil kind are imposed instead of penalties. The fourth is that in which all forms of religion claim from Government a precisely equal regard, as respects either civil privileges or positive a.s.sistance (pp. 187, 188). Zeller ("Staat und Kirche," p. 6) reduces the principles to three; substantial ident.i.ty of Church and State; complete separation; partial separation and ident.i.ty.

87 As to meaning of "establishment," see _Bradfield_ v. _Roberts_ (1899), 175 U.S. 291.

88 The German _Reichsgesetz_ of July 3rd, 1869, expressly repeals all civic disqualifications based upon religion (Laband, Vol. I., p.

148).

89 See as to cases which have come before the Swiss Courts (Buckhardt, p. 484).

90 Keith: "Responsible Government in the Dominions," Vol. III., 1423n.

In Gignac's "Compendium Juris Canonici ad Usum Cleri Canadensis"

(1901) is a statement of the large rights which the Catholic Church has acquired in Canada in virtue of treaties.

91 See, as to the effect of this section, _Barrett_ v. _City of Winnipeg_ (1892) A.C. 445; also _Brophy_ v. _Attorney-General of Manitoba_ (1895) A.C. 202.

92 "There is at present no general marriage law for the Dominion, and it is disputed whether the Dominion Parliament has power to pa.s.s such an Act. Each province has legislated with respect to this subject. The Government of the Dominion have just referred to the Supreme Court (March 11th) a stated case regarding the respective jurisdictions of the Dominion and provinces in regard to a marriage law. The Quebec provinces argued that there is no power on the part of the Dominion Parliament to submit such a case to the Supreme Court. The point stands over until May 7th." (_The Globe_, Toronto, March 12th.)

_ 93 Brown_ v. _Cure de Montreal_, L.R. 6, P.C. 157. See _O'Keefe_ v.

_Cullen_, Report by Fitzpatrick; also 7 Irish Reports, 319.

_ 94 The Times_, March 1st, 1911.

95 It is only right that the rest of the letter should be quoted: "But it is, in my opinion, much to be regretted that by the promulgation of the decree, and even more by the language which appears to be sometimes used to secure obedience to it, the Roman Catholic Church should introduce confusion into domestic life and give rise to unnecessary and disquieting doubts as to the legal validity of marriages already contracted, or as to the lawful status of persons who may hereafter marry."

96 "Ecclesia haec matrimonia mixta communiter improbavit atque detestata," Lehmkuhl Theologia Moralis, Vol. II., p. 511.

97 See Statement by Monsignor Bidwell in _Dublin Review_, 148, p. 327; also article "_Apostolicae Sedis_." Vacant, _Dictionnaire Theologie Catholique_.

98 Reiffensteuel, Vol. II., p. 245, a.s.serts that the privilege is not lost by immemorial custom, even as to civil matters.

99 It is perhaps hardly necessary to remind the reader that Lord Welby was a member of the Royal Commission on the Financial Relations between England and Ireland which reported in 1896.-_Editorial Note._

100 The "_true_" revenue differs from the _collected_ revenue, by making allowance for duties paid in the one country on articles consumed in the other.

101 Any charge in excess of 1,000,000 on the Constabulary was to be borne by the Imperial Exchequer.

102 Probably over-estimated.

103 True Revenue 8,000,000, Irish Expenditure 6,000,000, Contribution 2,000,000.

104 It is not clear from the Bill or the explanatory paper, whether the Irish Postal Revenue will be paid into the British Exchequer in the first instance, or retained in the Irish Exchequer. I presume the former.

105 11,339,000 minus 7,562,000 = 3,777,000.

106 The Constabulary charge is fixed at first at 1,337,000. If in the six years of Imperial control the cost rises to (say) 1,500,000-1,500,000 will be the sum transferred; but the Bill does not say what is to happen if the cost were to fall to (say) 1,300,000. Explanation is needed as to the effect of the proviso that regard is to be had to the prospect of any increase or decrease expected to arise from causes not being matters of administration.

107 60 and 61 Vic. c. 66, 7 Edward VII. c. 44.

108 6 & 7 Will. IV., c. 29; 7 Will. IV., and 1 Vict., c. 25; 5 & 6 Vict., c. 24.

109 Civil Service Estimates, 1912-1913, Cla.s.s III., p. III.

110 6 & 7 Will. IV., c. 13; 2 & 3 Vict., c. 75; 22 & 23 Vict., c. 22.

111 Civil Service Estimates, 1912-1913, Cla.s.s III., p. 119.

112 Taking Census of 1911 as a basis, see Civil Service Estimates 1912-1913, Cla.s.s III. pp. 111 and 119, Reports of H.M. Inspectors of Constabulary for England and Wales, 1910, p. 135.

113 "Against Home Rule," p. 155.

114 4 Bingham, "New Cases," p. 574.

115 Judgments of the Superior Courts in Ireland published under the direction of the Attorney-General for the information of magistrates (1889), p. 23.

_ 116 Attorney-General_ v. _Kissane_, 32 Law Reports, Ireland, p. 220.

117 4 Bingham, "New Cases", p. 574 _supra_.

118 "The Motu Proprio 'Quantavis Diligentia' and its Critics," by the Archbishop of Dublin, p. 10.

119 Speech upon the Address, February, 1909.

120 This sum has, since the 31st of March, been considerably reduced.

121 Part I. of this Chapter incorporates the statement on the Land Question prepared by the Right Hon. W. F. Bailey, Estates Commissioner for the Commission on Congestion in Ireland, presided over by the Earl of Dudley. It has been brought up-to-date, but otherwise it is almost word for word as the learned Commissioner wrote it.

_ 122 Cf_. Mr. Balfour, _The Times_, November 7th, 1911.

123 A considerable portion of this chapter appeared in the form of an article in _The Contemporary Review_ in the year 1887, but it has been rewritten by Lord Fitzmaurice for the purposes of this work. We have to thank the Editor of the _The Contemporary Review_ for his kind permission to make use of the original text-_Editorial Note_.

124 Speech of October 28th, 1738: "Grattan's Speeches," i., 183.

125 Grattan to Fox, April 18th, 1782: "Fox's Correspondence," i., 403.

126 "Grattan's Speeches," i., 129.

127 "Fox's Correspondence," by Lord Russell, i. 412.

128 Lord Rockingham to Lord Shelburne, May 25th, 1782, "Parliamentary History," x.x.xiv., 979.

129 "Life of Lord Shelburne," iii., 144.

130 "Fox's Correspondence," i., 417, 418.

131 "Life of Lord Shelburne," iii., 145.

_ 132 See_ "Life of Grattan."