time to criticise defects removable by better draftmanship or by slight
changes in the substance of the measure. My object is to dwell on such
points relating to the Restrictions as show their bearing on the
character of the new constitution.[70]

_First._ The Restrictions are one and all of them limits upon the
powers of the Irish Parliament; they are none of them limits upon the
powers of the Irish Executive. The new constitution does not
contain--from its nature it hardly could contain--a single safeguard
against abuse of power by the Irish Ministry or its servants. Yet in all
countries there is far more reason to dread executive than parliamentary
oppression, and this is emphatically true of Ireland.

_Secondly._ The Restrictions contain no prohibition against the passing
of an Act of Indemnity.

Yet of all the laws which a Legislature can pass an Act of Indemnity is
the most likely to produce injustice. It is on the face of it the
legislation of illegality; the hope of it encourages acts of vigour, but
it also encourages violations of law and of humanity. The tale of
Flogging Fitzgerald in Ireland, or the history of Governor Eyre in
Jamaica, is sufficient to remind us of the deeds of lawlessness and
cruelty which in a period of civil conflict may be inspired by
recklessness or panic, and may be pardoned by the retrospective sympathy
or partisanship of a terror-stricken or vindictive Legislature.
Circumstances no doubt may arise in Ireland, as in other countries,
under which the maintenance of order or the protection of life may
excuse or require deviation from the strict rules of legality. But the
question, whether these circumstances have arisen, will always be
decided far more justly by the Parliament at Westminster than it can be