776
CHAPTER
THIRTY-SEVEN:
the
nature
of
what
had
just
happened
in Ireland.
This,
as
an
eminent
authority
had
observed,
14
was
"a
revolution
in law."
Who
enacted
the
new
constitution?
It
was
not
the
Free State
parliament,
which
had
the
legal power
to
do
so,
under
the Statute
of Westminster as
elucidated
by
the
1935
decision
of the
privy
council.
That
parliament
merely
approved
a
slightly
amended
draft of the constitution
and
submitted
it
to a
plebiscite
without
specifically
authorizing
the
people
to
enact
it.
Nor
was
such
power
conferred
by
the Statute of
Westminster
upon
the
people
of
any
dominion.
Nevertheless,
the
preamble
of the
constitution
stated
categorically:
"We,
the
people
of
Eire,
...
Do
hereby
adopt,
enact,
and
give
to
ourselves this
Constitution."
Notwithstanding
all
this,
when
the new
constitution
came
into
force
in
December
1937,
the
government
of the United
Kingdom
issued
a
statement
saying
that,
having
"considered
the
position
created
by
the
new
constitution,"
it
was
"prepared
to
treat the
new constitution
as
not
affecting
a
fundamental
alteration in the
position
of the Irish Free
State,
in
future
to
be
described under the new constitution as 'Eire'
or
Ireland/
as a
member
of
the British
Commonwealth
of
Nations";
and the statement
went
on
to
say
that
the
overseas
dominions,
having
been
consulted,
were
"also
prepared
so
to
treat the new constitution."
The
only
exception
was a
caveat
added
by
the United
Kingdom government
that it
could
not
recognize
the
application
of
the
new name
to include Northern
Ireland,
or
anything
else in the
constitution
that
might
affect
that
portion
of
the United
Kingdom.
Apart
from
this
caveat,
the
statement
was an
exercise in
self-deception
that
may
be
compared
with
de
Valera's
persistent
mirage
over
Northern
Ireland.
The British
swallowing
of
the Irish
constitutional
revolution nar-
rowed
the area
and
reduced the tension of
the
Anglo-Irish
dispute
over
the
treaty
of
1921,
and now
both
parties
were
anxious
for
a
settlement.
The tariff
war,
which
had
begun
while the
Irish
delegation
was
crossing
the
Atlantic to attend
the
1932
Imperial
Economic
Conference
in
Ottawa,
was a
cruel
contrast to
the
favorable trade
agreements
that
the
other
dominions there
concluded with
the
United
Kingdom.
15
It
bore
much more
heavily
on the
Irish
economy
than
on
the
many
times
larger
British
economy
because
nature
had
securely
tied the
two
together;
and
in
spite
of all that
Dublin
could
do,
the
British
government
recouped
14
K. C.
Wheare,
The
Statute
of
Westminster
and
Dominion
Status,
3rd
ed.,
p.
276.
16
Canada and
South Africa
signed
trade
agreements
with
the
Irish
Free
State at
the
1932
Conference,
but
these
agreements
were of
no
great
importance.