seamus dubhghaill

Promoting Irish Culture and History from Little Rock, Arkansas, USA


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Sinn Féin, Cumann na mBan & Others Declared Illegal Organizations

sinn-fein-cartoonSinn Féin, the Irish Volunteers, Cumann na mBan and the Gaelic League are proclaimed as illegal organisations by the Lord Lieutenant of Ireland, John French, 1st Earl of Ypres on July 4, 1919.

The proclamation states that the proscribed organisations are dangerous and a “grave menace” designed to “terrorise the peaceful and law-abiding subjects of His Majesty in Ireland.” It goes on to say that these associations “encourage and aid persons to commit crimes and promote and incite to acts of violence and intimidation and interfere with the administration of the law and disturb the maintenance of law and order.”

The Irish Times, no supporter of any of the banned organisations, welcomes the development as a sign that the government has decided that sedition will “no longer be preached and practised with impunity in Ireland.” The paper also says that this new policy “furnishes final proof of the gravity of the Irish problem.”

In the immediate aftermath of the proclamation, business continues as usual at the Sinn Féin headquarters at 6 Harcourt Street and at the Gaelic League’s head offices at 25 Parnell Square. Both organisations claim that they have not received any direct communication, let alone any visits, from the police or military.

Speaking to a representative of the Evening Telegraph, Eoin Mac Neill, President of the Gaelic League, strikes a defiant note, declaring that the organisation will “not allow itself to be driven underground” and will continue to “have the support of the nation and of Irishmen abroad.”

MacNeill points out that the Gaelic League is approaching its 25th anniversary, on July 23, and that throughout its lifetime it has always been “non-political – that is to say has never interfered in the controversy with regard to the form of the Irish Government, and left all its members absolutely free to hold whatever political opinions they pleased. Of course it a new situation now. The Government itself has taken the initiative in making the neutrality of the Gaelic League impossible.”

Apparently the banning of the Gaelic League spurs interest in the language movement as several booksellers refer to being “inundated with orders” for booklets and manuals of instruction and conversations in the Irish language. The casual use of Irish on the streets also reportedly increases.

Cumann na mBan expresses surprise at the actions of the government and takes it as a sign that “conscription is now a certainty.” All of the organisation’s public work up to this point has been geared towards the campaign to oppose conscription.

The Lord Lieutenant makes his proclamation under the Criminal Law and Procedure (Ireland) Act of 1887 which gives the authorities the power to outlaw any organisation it believes to be involved in criminal activities.

(From: “BANNED: Sinn Féin, Irish Volunteers, Cumann na mBan and the Gaelic League,” RTÉ.ie, the website of Raidió Teilifís Éireann | Photo: The government trying to douse the flames of Sinn Féin, from “The Republic,” April 11, 1907, DigitalLibrary@Villanova University)


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Birth of Edward Kenealy, Barrister & Writer

edward-kenealyEdward Vaughan Hyde Kenealy, Irish barrister and writer, is born in Cork, County Cork on July 2, 1819. He is best remembered as counsel for the Tichborne case and the eccentric and disturbed conduct of the trial that leads to his ruin.

Kenealy is the son of a local merchant. He is educated at Trinity College Dublin and is called to the Irish Bar in 1840 and to the English Bar in 1847. He obtains a fair practice in criminal cases. In 1868 he becomes a QC and a bencher of Gray’s Inn. He practises on the Oxford circuit and in the Central Criminal Court.

Kenealy suffers from diabetes and an erratic temperament is sometimes attributed to poor control of the symptoms. In 1850 he is sentenced to one month imprisonment for punishing his six-year-old illegitimate son with undue severity. He marries Elizabeth Nicklin of Tipton, Staffordshire in 1851 and they have eleven children, including novelist Arabella Kenealy (1864–1938). They live in Portslade, East Sussex, from 1852 until 1874. He commutes to London and Oxford for his law practice but returns at weekends and other times to be with his family.

In 1850, Kenealy publishes an eccentric poem inspired by Johann Wolfgang von Goethe, Goethe, a New Pantomime. He also publishes a large amount of poetry in journals such as Fraser’s Magazine. He publishes translations from Latin, Greek, German, Italian, Portuguese, Russian, Irish, Persian, Arabic, Hindustani and Bengali. It is unlikely he is fluent in all these languages.

In 1866, Kenealy writes The Book of God: the Apocalypse of Adam-Oannes, an unorthodox theological work in which he claims that he is the “twelfth messenger of God,” descended from Jesus Christ and Genghis Khan. He also publishes a more conventional biography of Edward Wortley Montagu in 1869.

During the Tichborne trial, Kenealy abuses witnesses, makes scurrilous allegations against various Roman Catholic institutions, treats the judges with disrespect, and protracts the trial until it becomes the longest in English legal history. His violent conduct of the case becomes a public scandal and, after rejecting his client’s claim, the jury censures his behaviour.

Kenealy starts a newspaper, The Englishman, to plead his cause and to attack the judges. His behaviour is so extreme that in 1874 he is disbenched and disbarred by his Inn. He forms the Magna Charta Association and goes on a nationwide tour to protest his cause.

At a by-election in 1875, Kenealy is elected to Parliament for Stoke-upon-Trent with a majority of 2,000 votes. However, no other Member of Parliament will introduce him when he takes his seat. Benjamin Disraeli forces a motion to dispense with this convention.

In Parliament, Kenealy calls for a Royal commission into his conduct in the Tichborne case, but loses a vote on this by 433–3. One vote is Kenealy’s, another that of his teller, George Hammond Whalley. The third “aye” is by Purcell O’Gorman of Waterford City. During this period, he also writes a nine-volume account of the case.

Kenealy gradually ceases to attract attention, loses his seat at the 1880 general election and dies in London on April 16, 1880. He is buried in the churchyard of St. Helen’s Church, Hangleton, East Sussex.


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The Adventurers’ Act Receives Royal Assent

coat-of-arms-of-the-united-kingdomThe Adventurers’ Act, an Act of the Parliament of England which specifies its aim as “the speedy and effectual reducing of the rebels in His Majesty’s Kingdom of Ireland,” receives Royal assent on March 19, 1642.

The Act is passed by the Long Parliament as a way of raising funds to suppress the Irish Rebellion of 1641, which had broken out five months earlier. It invites members of the public to invest £200 for which they will receive 1,000 acres of lands that are to be confiscated from rebels in Ireland. Two and a half million acres of Irish land are set aside by the English government for this purpose. The entire island of Ireland is about 20.9 million acres.

The enactment is done at the request of King Charles in the House of Lords, joined by the House of Commons, and is unanimously accepted without any debate. The Act had been placed before the Houses for inspection but is not formally read into the record. The title of the Act – “An Act for the speedy and effectual reducing of the Rebels, in His Majesty’s Kingdom of Ireland, to their due Obedience to His Majesty, and the Crown of England” – is read aloud to Parliament, followed by the statement: “Le Roy le veult.”

The “Adventurers” are so called because they are risking their money at a time when the Crown has just had to pay for the Bishops’ Wars in 1639–40. “Reducing” the rebels means leading them back to the legal concept of the “King’s Peace.” King Charles cannot subsequently enforce the Act, but it is realised by his political opponents following the Cromwellian conquest of Ireland in 1649–1653, and forms the main legal basis for the contentious Act for the Settlement of Ireland 1652.

Ironically, in May 1642 the Confederate Irish rebels draft the Confederate Oath of Association that recognises Charles as their monarch.

The Adventurers’ Act is extended and amended by three other acts – Lands of Irish Rebels; Adventurers’ Subscriptions Act 1640 (c. 34), Lands of Irish Rebels; Adventurers’ Subscriptions Act 1640 (c. 35), and Irish Rebels Act 1640 (c. 37). All four receive Royal Assent in the summer of 1642, just before the start of the English Civil War, but are usually referred to as 1640 acts, which is the year the Long Parliament started to sit and the 16th year of Charles I’s reign.

In July 1643, Parliament passes the Doubling Ordinance which doubles the allocation of land to anyone who increases their original investment by 25%. The purpose of the Act is twofold, firstly to raise money for Parliament to help suppress the rebellion in Ireland, and secondly to deprive the King of the lands seized from rebels that would be his by prerogative.

To enforce the Acts the Cromwellian conquest of Ireland is launched in 1649. In 1653, Ireland is declared subdued and the lands are allocated to the subscribers in what becomes known as the Cromwellian Settlement.

The Adventurers Act and the other three statutes are repealed by the Statute Law Revision Act 1950.


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Birth of Richard “Humanity Dick” Martin

richard-martinColonel Richard Martin, Irish politician and campaigner against cruelty to animals, is born in Ballynahinch, County Galway on January 15, 1754. He is known as “Humanity Dick,” a nickname bestowed on him by King George IV. He succeeds in getting the pioneering Cruel Treatment of Cattle Act 1822, nicknamed ‘Martin’s Act,’ passed into British law.

Martin is brought up at Dangan House, situated on the River Corrib, four miles upriver from the town of Galway. The Martins are one of the Tribes of Galway. They own one of the biggest estates in all of Great Britain and Ireland as well as much of the land in Connemara. He studies at Harrow School in London and then gains admission to Trinity College, Cambridge on March 4, 1773. He does not graduate with a degree but studies for admission to the bar and is admitted to Lincoln’s Inn on February 1, 1776. He serves as a lawyer in Ireland and becomes High Sheriff of Galway Town in 1782.

Martin is elected to represent County Galway in Parliament in 1800. He is very popular with people in Galway and is well known as a duelist and as a witty speaker in the houses of Parliament. He campaigns for Catholic emancipation but is best remembered for his work to outlaw cruelty to animals. He earns the nickname “Humanity Dick” because of his compassion for the plight of animals at that time.

Through Martin’s work the Cruel Treatment of Cattle Act is enacted in 1822. This is the first piece of legislation which aims to protect animals from cruelty. Most people do not recognise animal rights in those days and people often make fun of him. Cartoons of him with donkey ears appears in the newspapers of the day.

After having the Bill passed by Parliament, Martin actively seeks out cases where cruelty has been inflicted on animals on the streets of London. He is responsible for bringing many people to court for cruelty against horses. He often pays half the fine of the accused in cases where the accused cannot afford it and seems genuinely sorry for his actions.

Due to Martin’s profile as a politician and as the drafter of the anti-cruelty legislation, a public perception develops that he is the initiator and creator of the Royal Society for the Prevention of Cruelty to Animals (RSPCA). At the Society’s first anniversary meeting he sets the public record straight and gives credit to Rev. Arthur Broome, although he maintains an interest in the Society.

After the election of 1826, Martin, now a heavy gambler, loses his parliamentary seat because of a petition which accuses him of illegal intimidation during the election. He flees into hasty exile to Boulogne-sur-Mer, France, because he can no longer enjoy a parliamentary immunity to arrest for debt. He dies there peacefully in the presence of his second wife and their three daughters on January 6, 1834. A year after Martin’s death, the Cruel Treatment of Cattle Act is extended to cover cruelty to all domestic animals.

Martin’s work continues today. The RSPCA now has members all over the world. In Ireland it is known as the Irish Society for the Prevention of Cruelty to Animals (ISPCA). Many other groups have been set up which protect animals from cruelty.


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Death of William Sampson, United Irishman, Author & Lawyer

william-sampsonWilliam Sampson, member of the Society of United Irishmen, author and Irish Protestant lawyer known for his defence of religious liberty in Ireland and the United States, dies in New York City on December 28, 1836.

Sampson is born in Derry, County Londonderry, to an affluent Anglican family. He attends Trinity College Dublin and studies law at Lincoln’s Inn in London. In his twenties, he briefly visits an uncle in North Carolina. In 1790 he marries Grace Clark and they have two sons, William and John, and a daughter, Catherine Anne.

Admitted to the Irish Bar, Sampson becomes Junior Counsel to John Philpot Curran, and helps him provide legal defences for many members of the Society of United Irishmen. A member of the Church of Ireland, he is disturbed by anti-Catholic violence and contributes writings to the Society’s newspapers. He is arrested at the time of the Irish Rebellion of 1798, imprisoned, and compelled to leave Ireland for exile in Europe.

Shipwrecked at Pwllheli in Wales, Sampson makes his way to exile in Porto, Portugal, where he is again arrested, imprisoned in Lisbon, and then expelled. After living some years in France, and then Hamburg, he flees to England ahead of the approach of Napoleon‘s armies where he is re-arrested. After unsuccessfully petitioning for a return to Ireland, he arrives in New York City on July 4, 1806.

In the United States, Sampson successfully continues his career in the law, eventually sending for his family. He sets up a business publishing detailed accounts of the court proceedings in cases with popular appeal. In 1809 he reports on the case of a Navy Lieutenant Renshaw prosecuted for dueling. That same year he handles a case against Amos and Demis Broad, accused of brutally beating their slave, Betty, and her 3-year-old daughter where Sampson succeeded in having both slaves manumitted. The authorities in Ireland had disbarred Sampson, which causes him some bitter amusement, as it does not affect his work in the United States.

Sampson’s most important case in the United States is in 1813 and is referred to as “The Catholic Question in America.” Police investigating the misdemeanor of receiving stolen goods question the suspects’ priest, the Reverend Mr. Kohlman. He declines to given any information that he has heard in confession. The priest is called to testify at the trial in the Court of General Sessions in the City of New York. He again declines. The issue whether to compel the testimony is fully briefed and carefully argued on both sides, with a detailed examination of the common law. In the end, the confessional privilege is accepted for the first time in a court of the United States.

William Sampson dies on December 28, 1836 and is buried in the Riker Family graveyard on Long Island in what is now East Elmhurst, Queens, New York. He is later reinterred in Green-Wood Cemetery in Brooklyn, where he is now buried in the same plot as Matilda Witherington Tone and William Theobald Wolfe Tone, the wife and son of the Irish revolutionary Wolfe Tone, and his daughter Catherine, the wife of William Theobald Wolfe Tone.


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Birth of Anthony Malone, Lawyer & Politician

anthony-maloneAnthony Malone, Irish lawyer and politician, is born on December 5, 1700, the eldest son of Richard Malone of Baronston, County Westmeath, and Marcella, daughter of Redmond Molady. Edmund Malone is his nephew, and a younger brother, Richard Malone (1706–1759), is MP for Fore from 1741.

Malone is educated at Mr. Young’s school in Abbey Street, Dublin, and on April 6, 1720 is admitted a gentleman-commoner of Christ Church, Oxford. After two years at university he enters the Middle Temple and is called to the Irish bar in May 1726. In 1737 he is created LL.D. of Trinity College, Dublin.

In 1733, Malone marries Rose, daughter of Sir Ralph Gore, 4th Baronet, speaker of the Irish House of Commons. The marriage results in no children.

Malone makes a successful career as a lawyer. From 1727 to 1760, and again from 1769 to 1776, he represents the county of Westmeath, and from 1761 to 1768 the borough of Castlemartyr, in the Irish parliament. In 1740 he is appointed Serjeant-at-law, but is dismissed from office in 1754 for opposing the claim of the crown to dispose of unappropriated revenue. In 1757 he is made Chancellor of the Exchequer of Ireland, but his attitude in council in regard to the Money Bill of 1761 leads to his again being removed from office. His treatment is regarded as too severe by William Pitt, 1st Earl of Chatham, and Malone, who draws a distinction between advice offered in council and his conduct in parliament, introduces the measure as chairman of the committee of supply. He is shortly afterwards granted a patent of precedence at the bar, but is charged with having sold his political principles for money.

Malone supports John Monck Mason‘s bill for enabling Roman Catholics to invest money in mortgages on land. In 1762 he is appointed, with Sir Richard Aston, to try the Whiteboys of Munster. They agree in ascribing the rural violence to local and individual grievances.

Malone dies at the age of 75 on May 8, 1776. At one time, a marble bust of him adorned Baronston House. By his will, made in July 1774, he leaves all his estates in the counties of Westmeath, Roscommon, Longford, Cavan, and Dublin to his nephew, Richard Malone, 1st Baron Sunderlin as he became, eldest son of his brother Edmund. On his death in 1816 the right of succession is disputed.


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The Arrest of the Birmingham Six

the-birmingham-sixHugh Callaghan, Patrick Hill, Robert Hunter, Noel McIlkenny, William Power, and John Walker, known as the “Birmingham Six,” are arrested on November 22, 1974 in connection with pub bombings which took place earlier in the week.

The Birmingham pub bombings take place on November 21, 1974 and are attributed to the Provisional Irish Republican Army. Explosive devices are placed in two central Birmingham pubs, the Mulberry Bush at the foot of the Rotunda and the Tavern in the Town in New Street. The resulting explosions, at 8:25 PM and 8:27 PM, collectively are the most injurious attacks in England since World War II. Twenty-one people are killed and 182 are injured. A third device, outside a bank in Hagley Road, fails to detonate.

Five of the six arrested are Belfast-born Roman Catholics, while John Walker is a Roman Catholic born in Derry. All six have lived in Birmingham since the 1960s. All the men except for Callaghan leave the city early on the evening of November 21 from New Street Station, shortly before the explosions. They are travelling to Belfast to attend the funeral of James McDade, a Provisional IRA member who had accidentally killed himself on November 14 when his bomb detonates prematurely while he is planting it at a telephone exchange in Coventry.

When they reach Heysham they and others are subject to a Special Branch stop and search. The men do not tell the police of the true purpose of their visit to Belfast, a fact that is later held against them. While the search is in progress the police are informed of the Birmingham bombings. The men agree to be taken to Morecambe police station for forensic tests.

On the morning of November 22, after the forensic tests and questioning at the hands of the Morecambe police, the men are transferred to the custody of West Midlands Serious Crime Squad police unit. Callaghan is taken into custody on the evening of November 22.

The Birmingham Six are charged with murder and conspiracy to cause explosions on May 12, 1975. The trial begins on June 9, 1975 at the Crown Court sitting at Lancaster Castle, before Justice Nigel Bridge and a jury. The jury finds the six men guilty of murder. On August 15, 1975, they are each sentenced to twenty-one life sentences.

On November 28, 1974, the Birmingham Six appear in court for a second time after they had been remanded into custody at HM Prison Winson Green, all showing bruising and other signs of ill-treatment. Fourteen prison officers are charged with assault in June 1975, but are ultimately acquitted. The Six bring a civil claim for damages against the West Midlands Police in 1977, but it is struck out on January 17, 1980 by the Court of Appeal (Civil Division).

In March 1976 the Birmingham Six’s first application for leave to appeal is dismissed by the Court of Appeal, presided over by John Widgery. Their second full appeal, in 1991, is allowed. New evidence of police fabrication and suppression of evidence, the successful attacks on both the confessions and the 1975 forensic evidence causes the Crown to decide not to resist the appeals. The Court of Appeal states that in light of the fresh scientific evidence, the convictions are both unsafe and unsatisfactory. On March 14, 1991 the Birmingham Six are set free.

In 2001, a decade after their release, the six men are awarded compensation ranging from £840,000 to £1.2 million.


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Birth of Isaac Butt, Barrister & Politician

File source: http://commons.wikimedia.org/wiki/File:Portrait_of_Isaac_Butt.jpgIsaac Butt, barrister and politician, is born in Glenfin, County Donegal on September 6, 1813. If not the originator of the term Home Rule, he is the first to make it an effective political slogan. He is the founder (1870) and first chief of the Home Government Association and president (1873–77) of the Home Rule League of Great Britain, but he is superseded in 1878 as head of the Home Rule movement by the younger and more forceful Charles Stewart Parnell.

Butt is the son of a Church of Ireland rector and is descended from the O’Donnells of Tyrconnell, through the Ramsays. He receives his secondary school education at The Royal School in Raphoe, County Donegal, and at Midleton College in County Cork, before going to Trinity College Dublin at the age of fifteen, where he is elected a Scholar. While there he co-founds the Dublin University Magazine and edits it for four years. For much of his life he is a member of the Irish Conservative Party. He becomes Whately Chair of Political Economy at Trinity in 1836 and holds that position until 1841.

Butt is called to the Irish bar in 1838 and the English bar in 1859. Intermittently from 1852 he represents, successively, one English and two Irish constituencies in the House of Commons. In 1848 he undertakes the defense of the Young Ireland leaders, who are charged with high treason for their abortive insurrection that year. From 1865 to 1869 he is the principal defense counsel for the imprisoned leaders of the Fenians (Irish Republican, or Revolutionary, Brotherhood).

Despite his legal work for the Fenians, Butt, who is basically a conservative, fears the consequences of a successful Fenian revolt. Disillusioned, however, by the British government’s failure to relieve the Irish Great Famine of the late 1840s, he becomes convinced that a native parliament is required for Irish land reform and other needs. In May 1870 he calls for an Irish Parliament subordinate to the imperial Parliament at Westminster, and later that year he forms the Home Government Association. From 1871 he quickens the Irish nationalist agitation in the House of Commons but gradually loses his leadership, partly because he disapproves of Parnell’s tactics of obstructing routine parliamentary business.

Butt amasses debts and pursues romances. It is said that at meetings he is occasionally heckled by women with whom he had fathered children. He is also involved in a financial scandal when it is revealed that he had taken money from several Indian princes to represent their interests in parliament.

Isaac Butt dies on May 5, 1879 in Clonskeagh in Dublin. His remains are brought by train to Stranorlar, County Donegal, where he is buried in a corner of the Church of Ireland cemetery beneath a tree by which he used to sit and dream as a boy. His grave has been restored and the memorial now includes a wreath.

Despite his chaotic lifestyle and political limitations, Butt is capable of inspiring deep personal loyalty. Some of his friends, such as John Butler Yeats and the future Catholic Bishop of Limerick, Edward Thomas O’Dwyer, retain a lasting hostility towards Parnell for his role in Butt’s downfall.

In May 2010 the Church of Ireland parishes of Stranorlar, Meenglass and Kilteevogue instigate an annual memorial Service and Lecture in Butt’s honour, inviting members of the professions of law, politics and journalism to reflect aspects of his life. Speakers have included Dr. Joe Mulholland, Senator David Norris, Dr. Chris McGimpsey and Prof. Brian Walker.

(Pictured: Isaac Butt, portrait by John Butler Yeats)


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Death of John Hely-Hutchinson, Lawyer & Statesman

CH35304John Hely (later Hely-Hutchinson), Irish lawyer, statesman, and Provost of Trinity College Dublin, dies on September 4, 1794 at Buxton, Derbyshire, England.

Hely is born in 1724 at Gortroe, Mallow, son of Francis Hely, a gentleman of County Cork. He is educated at Trinity College Dublin (BA 1744) and is called to the Irish bar in 1748. He takes the additional name of Hutchinson upon his marriage in 1751 to Christiana Nixon, heiress of her uncle, Richard Hutchinson.

Hely-Hutchinson is elected member of the Irish House of Commons for the borough of Lanesborough in 1759, but from 1761 to 1790 he represents Cork City. He at first attaches himself to the patriotic party in opposition to the government, and although he afterwards joins the administration, he never abandons his advocacy of popular measures.

After a session or two in parliament he is made a privy councillor and prime Serjeant-at-law. From this time he gives a general, though by no means invariable, support to the government. In 1767 the ministry contemplates an increase of the army establishment in Ireland from 12,000 to 15,000 men, but the Augmentation Bill meets with strenuous opposition, not only from Henry Flood, John Ponsonby and the habitual opponents of the government, but from the Undertakers, or proprietors of boroughs, on whom the government has hitherto relied to secure them a majority in the House of Commons.

It therefore becomes necessary for Lord Townshend to turn to other methods for procuring support. Early in 1768 an English Act is passed for the increase of the army, and a message from King George III setting forth the necessity for the measure is laid before the House of Commons in Dublin. An address favourable to the government policy is, however, rejected as Hely-Hutchinson, together with the speaker and the attorney general, do their utmost both in public and private to obstruct the bill. Parliament is dissolved in May 1768, and the lord lieutenant sets about the task of purchasing or otherwise securing a majority in the new parliament. Peerages, pensions and places are bestowed lavishly on those whose support could be thus secured. Hely-Hutchinson is won over by the concession that the Irish army should be established by the authority of an Irish act of parliament instead of an English one.

The Augmentation Bill is carried in the session of 1769 by a large majority. Hely-Hutchinson’s support had been so valuable that he receives as reward an addition of £1,000 a year to the salary of his sinecure of alnager, a major’s commission in a cavalry regiment, and a promise of the Secretaryship of State. He is at this time one of the most brilliant debaters in the Irish parliament and is enjoying an exceedingly lucrative practice at the bar. This income, however, together with his well-salaried sinecure, and his place as prime serjeant, he surrenders in 1774 to become provost of Trinity College, although the statute requiring the provost to be in holy orders has to be dispensed with in his favour.

For this great academic position Hely-Hutchinson is in no way qualified and his appointment to it for purely political service to the government is justly criticised with much asperity. His conduct in using his position as provost to secure the parliamentary representation of the university for his eldest son brings him into conflict with Patrick Duigenan, while a similar attempt on behalf of his second son in 1790 leads to his being accused before a select committee of the House of Commons of impropriety as returning officer. But although without scholarship Hely-Hutchinson is an efficient provost, during whose rule material benefits are conferred on Trinity College.

Hely-Hutchinson continues to occupy a prominent place in parliament, where he advocates free trade, the relief of the Catholics from penal legislation, and the reform of parliament. He is one of the very earliest politicians to recognise the soundness of Adam Smith‘s views on trade and he quotes from the Wealth of Nations, adopting some of its principles, in his Commercial Restraints of Ireland, published in 1779, which William Edward Hartpole Lecky pronounces one of the best specimens of political literature produced in Ireland in the latter half of the 18th century.

In the same year, the economic condition of Ireland being the cause of great anxiety, the government solicits from several leading politicians their opinion on the state of the country with suggestions for a remedy. Hely-Hutchinson’s response is a remarkably able state paper, which also shows clear traces of the influence of Adam Smith. The Commercial Restraints, condemned by the authorities as seditious, goes far to restore Hely-Hutchinson’s popularity which has been damaged by his greed of office. Not less enlightened are his views on the Catholic question. In a speech in parliament on Catholic education in 1782 the provost declares that Catholic students are in fact to be found at Trinity College, but that he desires their presence thereto be legalised on the largest scale.

In 1777 Hely-Hutchinson becomes Secretary of State. When Henry Grattan in 1782 moves an address to the king containing a declaration of Irish legislative independence, he supports the attorney general’s motion postponing the question. On April 16, however, after the Easter recess, he reads a message from the Lord Lieutenant, the William Cavendish-Bentinck, 3rd Duke of Portland, giving the king’s permission for the House to take the matter into consideration, and he expresses his personal sympathy with the popular cause which Grattan on the same day brings to a triumphant issue. Hely-Hutchinson supports the opposition on the regency question in 1788, and one of his last votes in the House is in favour of parliamentary reform. In 1790 he exchanges the constituency of Cork for that of Taghmon in County Wexford, for which borough he remains member until his death at Buxton, Derbyshire on September 4, 1794.

(Pictured: Portrait, oil on canvas, of John Hely-Hutchinson (1724–1794) by Sir Joshua Reynolds (1723–1792))


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Fidelma Macken Nominated for European Court of Justice

fidelma-mackenFidelma Macken is nominated for the European Court of Justice on July 14, 1999, the first time a woman judge from any member country has reached such a high rank. She serves as a Judge of the Supreme Court of Ireland, the High Court and the European Court of Justice.

Macken (née O’Kelly) is born in Dublin on February 28, 1942. She is educated at King’s Inns and Trinity College Dublin. She becomes a barrister in 1972, practices as legal adviser, Patents and Trade Marks Agents (1973–1979) and becomes a Senior Counsel in 1995.

As a lawyer, Macken specialises in medical defense work and pharmaceutical actions. She acts as defense counsel in a series of cases brought by children against whooping cough vaccine manufacturers for damage allegedly caused by the vaccine. The Supreme Court nominates her to act in three referrals by the President of Ireland querying the constitutionality of new legislation before she becomes a judge.

Macken succeeds John L. Murray as Ireland’s appointee on the European Court of Justice (ECJ) from October 5, 1999 to September 22, 2004. Appointed initially for a five-year term, she is the first female appointee to the European Court of Justice but has her mandate renewed in 2003. She is reappointed a Judge of the High Court on October 18, 2004 on her return to Ireland. She serves as a Judge of the Supreme Court from 2005 to 2012.

Macken has been a lecturer in Legal Systems and Methods and Averil Deverell Lecturer in Law at Trinity College Dublin.