seamus dubhghaill

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


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Northern Ireland Opts Out of the Irish Free State

The six counties of what would become Northern Ireland opt out of the Irish Free State on December 7, 1922 and become a separate political entity with allegiance to England.

The Irish Free State Constitution Act 1922 (Session 2) is an Act of the Parliament of the United Kingdom, passed in 1922 to enact in UK law the Constitution of the Irish Free State, and to ratify the 1921 Anglo-Irish Treaty formally.

As originally enacted, the Irish Free State Constitution Act 1922 consists of a preamble, five sections (three of which are very brief), and a schedule. The schedule is the text of the Constitution of the Irish Free State (Saorstát Éireann) Act 1922, which had been passed in Ireland by the Third Dáil sitting as a constituent assembly and provisional parliament for the nascent Free State. This Irish Act itself has two schedules, the first being the actual text of the Constitution, and the second the text of the 1921 Treaty, formally the Articles of Agreement for a treaty between Great Britain and Ireland.

The Irish Act had been approved by the Irish constituent assembly on 25 October 25, 1922. The bill for the UK Act is introduced by the Prime Minister Bonar Law into the Parliament of the United Kingdom in November 1922. The bill’s third reading in the House of Commons is on November 30. The Act receives Royal assent on December 5, 1922.

On December 7, 1922, the day after the establishment of the Irish Free State, the Parliament of Northern Ireland addresses King George V requesting its secession from the Irish Free State. The address is unanimous, with the abstentionist Nationalist Party and Sinn Féin members absent. The King replies shortly thereafter to say that he has caused his Ministers and the Government of the Irish Free State to be informed that Northern Ireland is to do so.

After the Statute of Westminster 1931, the UK government recognises the right of the Irish government to amend or repeal the UK act, but in fact the Irish government does not do so until it is formally repealed as spent by the Statute Law Revision Act 2007. The Irish government amends the Irish act in 1933 and the 1937 Constitution of Ireland repeals the entire Free State constitution. The UK Judicial Committee of the Privy Council rules in 1935 that the 1933 Act had implicitly amended the UK Act with respect to the jurisdiction of the Free State. The Supreme Court of Ireland has taken the view that the Free State constitution was enacted by the Irish Act, not by the subsequent UK Act. This reflects the view of popular sovereignty rather than parliamentary sovereignty, with the constitution’s legitimacy ultimately springing from the 1922 Irish general election.


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The Hanging of Irish Republican Charlie Kerins

Charlie Kerins, a physical force Irish Republican and Chief of Staff of the Irish Republican Army (IRA), is hanged on December 1, 1944 at Mountjoy Prison in Dublin by the English hangman Albert Pierrepoint.

Kerins is born in Caherina, Tralee, County Kerry and attends Balloonagh Mercy Convent School and then the CBS, Edward Street. At the age of 13, he wins a Kerry County Council scholarship and completes his secondary education at the Green Christian Brothers and the Jeffers Institute. In 1930, he passes the Intermediate Certificate with honours and the matriculation examination to the National University of Ireland (NUI). He later does a commercial course and takes up employment in a radio business in Tralee.

In 1940, Kerins is sworn into the IRA and is appointed to the GHQ staff in May 1942. At the time, the Fianna Fáil government of Éamon de Valera is determined to preserve Irish neutrality during World War II. Therefore, the IRA’s bombing campaign in England, its attacks against targets in Northern Ireland, and its ties to the intelligence services of Nazi Germany are regarded as severe threats to Ireland’s national security. IRA men who are captured by the Gardaí are interned for the duration of the war by the Irish Army in the Curragh Camp in County Kildare.

On the morning of September 9, 1942, Garda Detective Sergeant Denis O’Brien is leaving his home in Ballyboden, Dublin. He is between his front gate and his car when he is cut down with Thompson submachine guns. O’Brien, an Anti-Treaty veteran of the Irish Civil War, had enlisted in the Garda Síochána in 1933. He is one of the most effective Detectives of the Special Branch division, which has its headquarters at Dublin Castle. The shooting greatly increases public feeling against the IRA, particularly as the murder is carried out in full view of his wife.

Following the arrest of Hugh McAteer in October 1942, Kerins is named Chief of Staff of the IRA. Despite a massive manhunt by Gardaí, he remains at large for two years. He stays at a County Waterford home for two weeks while he is on the run, having given his name as Pat Carney. He is captured several months after he leaves the home.

Kerins had previously left papers and guns hidden at Kathleen Farrell’s house in the Dublin suburb of Rathmines. He telephones the house, as he intends to retrieve them. However, Farrell’s telephone had been tapped by the Gardaí. On June 15, 1944, he is arrested in an early morning raid. He is sleeping when the Gardaí enter his bedroom and does not have an opportunity to reach the Thompson submachine gun which is hidden under his bed.

At a trial before the Special Criminal Court in Collins Barracks, Dublin, Kerins is formally charged on October 2, 1944 for the “shooting at Rathfarnham of Detective Dinny O’Brien.” At the end of his trial, the president of the Military Court delays sentence until later in the day to allow Kerins, if he wishes, to make an application whereby he might avoid a capital sentence. When the court resumes, he says, “You could have adjourned it for six years as far as I am concerned, as my attitude towards this Court will always be the same.” He thus deprives himself of the right to give evidence, to face cross-examination, or to call witnesses.

Despite legal moves initiated by Seán MacBride, public protests, and parliamentary intervention by TDs from Clann na Talmhan, Labour, and Independent Oliver J. Flanagan in Leinster House, the Fianna Fáil government of Éamon de Valera refuses to issue a reprieve. On December 1, 1944 in Mountjoy Prison, Kerins is hanged by British chief executioner Albert Pierrepoint, who is employed by the Irish Government for such occasions.

Kerins is the last IRA member to be executed in the Republic of Ireland. He is buried in the prison yard. In September 1948, his remains are exhumed and released to his family. He is buried in the Republican plot at Rath Cemetery, Tralee, County Kerry.


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Death of Eoin O’Duffy, Activist, Soldier & Police Commissioner

Eoin O’Duffy, Irish nationalist political activist, soldier and police commissioner, dies in Dublin on November 30, 1944.

O’Duffy is born near Castleblayney, County Monaghan on January 28, 1890. Trained initially as an engineer, he later becomes an auctioneer. He becomes interested in Irish politics and joins Sinn Féin, later becoming a member of the Irish Republican Army (IRA).

During the Irish War of Independence, O’Duffy commands the Monaghan Brigade and in February 1920 he successfully captures the Royal Irish Constabulary (RIC) barracks at Ballytrain taking from it weapons and explosives. Also present at this victory is Ernie O’ Malley, who goes on to organize flying columns, and the socialist guerrilla fighter Peadar O’Donnell.

In the 1921 Irish general election, O’Duffy becomes TD for Monaghan. By 1922, he has been promoted to Chief of Staff of the IRA and is one of Michael Collins foremost supporters when he accepts the Anglo-Irish Treaty and fights in the Irish Civil War as a general of the Free State Army.

As commander of the 2nd Northern Division of the IRA, O’Duffy sees action in Belfast when defending Catholic ghettoes from attacks by Protestant pogromists. He also leads the Free State forces into Limerick city.

In September 1922, following the mutiny in Kildare by Civic Guard recruits, O’Duffy replaces Michael Staines as commissioner. Under him the police force is renamed the Garda Síochána, disarmed and is later merged with the Criminal Investigation Department (CID) and the Dublin Metropolitan Police (DMP). His fervent Catholicism is greatly reflected in the ethos of the Garda Síochána.

In 1933, O’Duffy becomes associated with Cumann na nGaedheal by taking on the leadership of their security organization the Army Comrades Association, later to be known colloquially as the Blueshirts. This organization is to become a participant in many street brawls with anti-treaty sympathizers who try to break up pro-treaty political meetings. When the pro-treaty parties merge in 1933 to become Fine Gael, he is the party President for a short period of time.

It is believed that O’Duffy unsuccessfully encourages W. T. Cosgrave to consider a coup-de’etat in the event of Fianna Fáil winning the 1932 Irish general election. Cosgrave, in the event, puts his trust in a democracy when Fianna Fáil does, in fact, form a government, led by Éamon de Valera, with the help of the Labour Party.

After the 1933 Irish general election, which again sees de Valera in power, O’Duffy is dismissed from his post as Garda Commissioner on the grounds that due to his past political affiliations, he will be unable to carry out his duties without bias.

In Europe, the new phenomenon of fascism is gaining ground and O’Duffy, like many of his pro-treaty colleagues, is drawn to it. His Army Comrades Association is renamed the National Guard and they begin to take on many of the symbols of fascism such as the outstretched arm salute and the blue uniforms.

When O’Duffy plans a massed march for August 1933 in Dublin to commemorate the deaths of Arthur Griffith and Michael Collins, de Valera, fearing a coup, has it banned. Possibly de Valera is also testing the loyalty of the army and the Garda Síochána. In September the National Guard itself is banned although it reforms under the title The League of Youth.

In 1934 O’Duffy suddenly and inexplicably resigns as president of Fine Gael although it is known that many of its members are growing worried by his actions and statements. The Blueshirt movement begins to unravel at the seams. That same year he forms his own fascist movement, the National Corporate Party.

In 1936, supported by the Catholic Church in Ireland, O’Duffy leads 700 of his followers to Spain to help General Francisco Franco in the Spanish Civil War against the republican government. They form part of the XV Bandera Irlandesa del Terico, a part of the Spanish Legion. The Bandera sees little or no action and are returned to Ireland in 1937.

Although O’Duffy has some low-level dalliance with the Nazis he never does regain any of his political influence. His health is on the decline and he dies on November 30, 1944. De Valera grants him a state funeral and he is interred in Glasnevin Cemetery in Dublin.


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Republican Prisoner Denny Barry Dies on Hunger Strike

Irish Republican prisoner Denis “Denny” Barry dies on hunger strike in Newbridge internment camp on November 20, 1923, shortly after the Irish Civil War.

Barry is born into a farming family in Riverstick, ten miles south of Cork city, on July 15, 1883. He enjoys Gaelic culture and sport and is a prominent member of the Ballymartle hurling club. He later joins the famous Blackrock National Hurling Club where he wins four senior county championships in a row during the years of 1910 to 1913.

In 1913, Barry joins the newly formed Irish Volunteers. He is a member of the first Cork brigade and has been politically active in Sinn Féin. In 1915, he moves to Kilkenny to take up employment there, where he continues his volunteer activities. Shortly after the Easter Rising in 1916, he is arrested in Kilkenny in a British Government crackdown, and sent to Frongoch internment camp in North Wales. In 1917 he becomes election agent for W. T. Cosgrave in the Kilkenny by-election, one in which Cosgrave is successfully elected. However, just six years later he finds himself imprisoned by Cosgrave’s own government.

In 1922 Barry is imprisoned in Newbridge camp in Kildare and takes part in the hunger strike of 1923. On November 20, 1923, after 34 days protesting against the harsh regime and undignified conditions, he dies but even in death he is still refused dignity.

Barry’s body is not released to his family and is instead, on the orders of Minister of Defence, Richard Mulcahy, buried in the grounds of Newbridge internment camp. The Barry family takes legal action against this and eventually receives the body, but this is not the last of their troubles.

Upon their arrival in Cork with Barry’s body, the Bishop of Cork, Daniel Cohalan, instructs his priests not to allow Barry’s funeral in any church. Ironically just a few short years before, Bishop Cohalan had been a strong vocal supporter of Terence MacSwiney, Sinn Féin Lord Mayor of Cork, who died on hunger strike in Brixton Prison.

Shortly after MacSwiney’s death, Bishop Cohalan’s attitude towards the Irish Republican Army (IRA) changes and he issues a decree condemning the IRA in which he states, “Anyone who shall within the diocese of Cork organise or take part in an ambush or in kidnapping or otherwise, shall be guilty of murder or attempted murder and shall incur by the very fact the censure of excommunication.”

On December 10, 1922, Bishop Cohalan preaches publicly his support for the Anglo-Irish Treaty which establishes the Irish Free State and he urges his flock to do the same. This leads to an even greater wedge between the Catholic Church and many IRA members, yet it is the incident with Barry that seriously taints the Bishop of Cork and the Catholic Church in republican eyes.

Because of Bishop Cohalan’s stern objection to Barry’s body being permitted into a Catholic church, his body has to lay in state in the Cork Sinn Féin headquarters on the Grand Parade in Cork city. He is then taken in a funeral procession to St. Finbarr’s Cemetery where he is buried in the Republican plot next to Terence MacSwiney, whose funeral Bishop Cohalan had presided over three years previously. In place of a priest is David Kent, Sinn Féin Teachta Dála for Cork and brother of Thomas Kent, who was executed for his part in the 1916 Rising. Kent gives an oration, recites the Rosary and sprinkles holy water on the grave.

On November 28, 1923, the day Barry is buried, Bishop Cohalan sends an open letter to The Cork Examiner publicly denying a Christian burial for Barry and urging all men of the cloth to stay away from any such attempts for such a funeral. He goes so far as to write to the Bishop of Kildare and Leighlin, Dr. Patrick Foley, to enquire about Barry getting the last sacraments. Barry did indeed receive the last rites from a Fr. Doyle who was serving as prison chaplain and this does not impress the Bishop of Cork.

Barry’s funeral precession through Cork City draws massive crowds with people from all walks of Cork’s political, social and sporting life attending to pay their respects to this man who had been at the heart of the revolution in Cork during the last decade of his life. The IRA, Cumann na mBan and Na Fíanna Éireann march in military formations with the funeral party.

Two days after Barry’s death another IRA prisoner, Andrew O’Sullivan, from Cork dies and the strike is called off the following day. Women prisoners are then released while men remain in prison until the following year.

A memorial to Barry is unveiled in Riverstick in 1966.


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Death of Cardinal Michael Logue

Michael Logue, Irish prelate of the Roman Catholic Church, dies in Armagh, County Armagh, Northern Ireland on November 19, 1924. He serves as Archbishop of Armagh and Primate of All Ireland from 1887 until his death. He is created a cardinal in 1893.

Logue is born in Kilmacrennan, County Donegal in the west of Ulster on October 1, 1840. He is the son of Michael Logue, a blacksmith, and Catherine Durning. From 1857 to 1866, he studies at Maynooth College, where his intelligence earns him the nickname the “Northern Star.” Before his ordination to the priesthood, he is assigned by the Irish bishops as the chair of both theology and belles-lettres at the Irish College in Paris in 1866. He is ordained priest in December of that year.

Logue remains on the faculty of the Irish College until 1874, when he returns to Donegal as administrator of a parish in Letterkenny. In 1876, he joins the staff of Maynooth College as professor of Dogmatic Theology and Irish language, as well as the post of dean.

On May 13, 1879, Logue is appointed Bishop of Raphoe by Pope Leo XIII. He receives his episcopal consecration on the following July 20 from Archbishop Daniel McGettigan, with Bishops James Donnelly and Francis Kelly serving as co-consecrators, at the pro-cathedral of Raphoe. He is involved in fundraising to help people during the 1879 Irish famine, which, due to major donations of food and government intervention never develops into a major famine. He takes advantage of the Intermediate Act of 1878 to enlarge the Catholic high school in Letterkenny. He is also heavily involved in the Irish temperance movement to discourage the consumption of alcohol.

On April 18, 1887 Logue is appointed Coadjutor Archbishop of the Archdiocese of Armagh and Titular Archbishop of Anazarbus. Upon the death of Archbishop MacGettigan, he succeeds him as Archbishop of Armagh, and thus Primate of All Ireland, on December 3 of that year. He is created Cardinal-Priest of Santa Maria della Pace by Pope Leo XIII in the papal consistory of January 19, 1893.

Logue thus becomes the first archbishop of Armagh to be elevated to the College of Cardinals. He participates in the 1903, 1914, and 1922 conclaves that elect popes Pius X, Benedict XV, and Pius XI respectively. He takes over the completion of the Victorian gothic St. Patrick’s Cathedral in Armagh. The new cathedral, which towers over Armagh, is dedicated on July 24, 1904.

Logue publicly supports the principle of Irish Home Rule throughout his long reign in both Raphoe and Armagh, though he is often wary of the motives of individual politicians articulating that political position. He maintains a loyal attitude to the British Crown during World War I, and on June 19, 1917, when numbers of the younger clergy are beginning to take part in the Sinn Féin agitation, he issues an “instruction” calling attention to the teaching of the Roman Catholic Church as to the obedience due to legitimate authority, warning the clergy against belonging to “dangerous associations,” and reminding priests that it is strictly forbidden by the statutes of the National Synod to speak of political or kindred affairs in the church.

In 1918, however, Logue places himself at the head of the opposition to the extension of the Military Service Act of 1916 to Ireland, in the midst of the Conscription Crisis of 1918. Bishops assess that priests are permitted to denounce conscription on the grounds that the question is not political but moral. He also involves himself in politics for the 1918 Irish general election, when he arranges an electoral pact between the Irish Parliamentary Party and Sinn Féin in three constituencies in Ulster, and chooses a Sinn Féin candidate in South Fermanagh – the imprisoned Republican, Seán O’Mahony.

Logue opposes the campaign of murder against the police and military begun in 1919, and in his Lenten pastoral of 1921 he vigorously denounces murder by whomsoever committed. This is accompanied by an almost equally vigorous attack on the methods and policy of the government. He endorses the Anglo-Irish Treaty in 1921.

In 1921, the death of Cardinal James Gibbons makes Logue archpriest (protoprete) of the College of Cardinals. He is more politically conservative than Archbishop of Dublin William Joseph Walsh, which creates tension between Armagh and Dublin. In earlier life he was a keen student of nature and an excellent yachtsman.

Cardinal Michael Logue dies in Ara Coeli, the residence of the archbishop, on November 19, 1924 and is buried in a cemetery in the grounds of St. Patrick’s Cathedral, Armagh.


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The Founding of Fine Gael

fine-gael-logoFine Gael, a liberal-conservative political party in Ireland, is founded on September 8, 1933 following the merger of its parent party Cumann na nGaedheal, the National Centre Party and the National Guard, popularly known as the “Blueshirts.” The party’s origins lie in the struggle for Irish independence and the pro-Treaty side in the Irish Civil War. Michael Collins, in particular, is often identified as the founder of the movement.

Fine Gael is currently the third-largest party in Ireland in terms of members of Dáil Éireann and largest in terms of Irish members of the European Parliament. The party has a membership of 21,000 in 2017. Leo Varadkar succeeds Enda Kenny as party leader on June 2, 2017 and as Taoiseach on June 14. Kenny had been leader since 2002, and Taoiseach since 2011.

Fine Gael is generally considered to be more of a proponent of market liberalism than its traditional rival, Fianna Fáil. Apart from brief minority governments, Fine Gael has rarely governed Ireland without a coalition that also includes the Labour Party, a social-democratic, centre-left party. Fine Gael describes itself as a “party of the progressive centre” which it defines as acting “in a way that is right for Ireland, regardless of dogma or ideology.” The party lists its core values as “equality of opportunity, free enterprise and reward, security, integrity and hope.”

In international politics, Fine Gael is highly supportive of the European Union, along with generally supporting strengthened relations with the United Kingdom and opposition to physical force Irish republicanism. The party’s youth wing, Young Fine Gael, is formed in 1977, and has approximately four thousand members. Fine Gael is a founding member of the European People’s Party.

Having governed in coalition with the Labour Party between 2011 and 2016, and in a minority government along with Independent TDs from 2016 to 2020, Fine Gael currently forms part of an historic coalition government with its traditional rival, Fianna Fáil, and the Green Party. On June 27, 2020, Micheál Martin of Fianna Fáil is appointed as Taoiseach and forms a new government. Leo Varadkar serves as Tánaiste with both parties agreeing that in December 2022, Varadkar will serve again as Taoiseach.


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Birth of Oliver Joseph St. John Gogarty

Oliver Joseph St. John Gogarty, Irish poet, author, otolaryngologist, athlete, politician, and well-known conversationalist, is born on August 17, 1878 in Rutland Square, Dublin. He serves as the inspiration for Buck Mulligan in James Joyce‘s novel Ulysses.

In 1887 Gogarty’s father dies of a burst appendix, and he is sent to Mungret College, a boarding school near Limerick. He is unhappy in his new school, and the following year he transfers to Stonyhurst College in Lancashire, England, which he likes little better, later referring to it as “a religious jail.” He returns to Ireland in 1896 and boards at Clongowes Wood College while studying for examinations with the Royal University of Ireland. In 1898 he switches to the medical school at Trinity College, having failed eight of his ten examinations at the Royal.

A serious interest in poetry and literature begins to manifest itself during his years at Trinity. In 1900 he makes the acquaintance of W. B. Yeats and George Moore and begins to frequent Dublin literary circles. In 1904 and 1905 he publishes several short poems in the London publication The Venture and in John Eglinton‘s journal Dana. His name also appears in print as the renegade priest Fr. Oliver Gogarty in George Moore’s 1905 novel The Lake.

In 1905 Gogarty becomes one of the founding members of Arthur Griffith‘s Sinn Féin, a non-violent political movement with a plan for Irish autonomy modelled after the Austro-Hungarian dual monarchy.

In July 1907 his first son, Oliver Duane Odysseus Gogarty, is born, and in autumn of that year he leaves for Vienna to finish the practical phase of his medical training. Returning to Dublin in 1908, he secures a post at Richmond Hospital, and shortly afterwards purchases a house in Ely Place opposite George Moore. Three years later, he joins the staff of the Meath Hospital and remains there for the remainder of his medical career.

As a Sinn Féiner during the Irish War of Independence, Gogarty participates in a variety of anti-Black and Tan schemes, allowing his home to be used as a safe house and transporting disguised Irish Republican Army (IRA) volunteers in his car. Following the ratification of the Anglo-Irish Treaty, he sides with the pro-Treaty government and is made a Free State Senator. He remains a senator until the abolition of the Seanad in 1936, during which time he identifies with none of the existing political parties and votes according to his own whims.

Gogarty maintains close friendships with many of the Dublin literati and continues to write poetry in the midst of his political and professional duties. He also tries his hand at playwriting, producing a slum drama in 1917 under the pseudonym “Alpha and Omega”, and two comedies in 1919 under the pseudonym “Gideon Ouseley,” all three of which are performed at the Abbey Theatre. He devotes less energy to his medical practice and more to his writing during the twenties and thirties.

With the onset of World War II, Gogarty attempts to enlist in the Royal Air Force (RAF) and the Royal Army Medical Corps (RAMC) as a doctor. He is denied on grounds of age. He then departs in September 1939 for an extended lecture tour in the United States, leaving his wife to manage Renvyle House, which has since been rebuilt as a hotel. When his return to Ireland is delayed by the war, he applies for American citizenship and eventually decides to reside permanently in the United States. Though he regularly sends letters, funds, and care-packages to his family and returns home for occasional holiday visits, he never again lives in Ireland for any extended length of time.

Gogarty suffers from heart complaints during the last few years of his life, and in September 1957 he collapses in the street on his way to dinner. He dies on September 22, 1957. His body is flown home to Ireland and buried in Cartron Church, Moyard, near Renvyle.

(Pictured: 1911 portrait of Oliver St. John Gogarty painted by Sir William Orpen, currently housed at the Royal College of Surgeons in Ireland)


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Birth of Hugh Kennedy, Politician, Barrister & Judge

File source: http://commons.wikimedia.org/wiki/File:Hugh_Kennedy.jpgHugh Edward Kennedy, Fine Gael politician, barrister and judge, is born in Abbotstown, Dublin on July 11, 1879. He serves as Attorney General of Ireland from 1922 to 1924, a Judge of the Supreme Court of Ireland from 1924 to 1936 and Chief Justice of Ireland from 1924 to 1936. He serves as a Teachta Dála (TD) for the Dublin South constituency from 1923 to 1927. As a member of the Irish Free State Constitution Commission, he is also one of the constitutional architects of the Irish Free State.

Kennedy is the son of the prominent surgeon Hugh Boyle Kennedy. His younger sister is the journalist Mary Olivia Kennedy. He studies for the examinations of the Royal University of Ireland while a student at University College Dublin and King’s Inns, Dublin. He is called to the Bar in 1902. He is appointed King’s Counsel in 1920 and becomes a Bencher of King’s Inn in 1922.

During 1920 and 1921, Kennedy is a senior legal adviser to the representatives of Dáil Éireann during the negotiations for the Anglo-Irish Treaty. He is highly regarded as a lawyer by Michael Collins, who later regrets that Kennedy had not been part of the delegation sent to London in 1921 to negotiate the terms of the treaty.

On January 31, 1922, Kennedy becomes the first Attorney General in the Provisional Government of the Irish Free State. Later that year he is appointed by the Provisional Government to the Irish Free State Constitution Commission to draft the Constitution of the Irish Free State, which is established on December 6, 1922. The functions of the Provisional Government are transferred to the Executive Council of the Irish Free State. He is appointed Attorney General of the Irish Free State on December 7, 1922.

In 1923, Kennedy is appointed to the Judiciary Commission by the Government of the Irish Free State, on a reference from the Government to establish a new system for the administration of justice in accordance with the Constitution of the Irish Free State. The Judiciary Commission is chaired by James Campbell, 1st Baron Glenavy, who had also been the last Lord Chancellor of Ireland. It drafts the Courts of Justice Act 1924 for a new court system, including a High Court and a Supreme Court, and provides for the abolition, inter alia, of the Court of Appeal in Ireland and the Irish High Court of Justice. Most of the judges are not reappointed to the new courts. Kennedy personally oversees the selection of the new judges and makes impressive efforts to select them on merit alone. The results are not always happy. His diary reveals the increasingly unhappy atmosphere, in the Supreme Court itself, due to frequent clashes between Kennedy and his colleague Gerald Fitzgibbon, since the two men prove to be so different in temperament and political outlook that they find it almost impossible to work together harmoniously. In a similar vein, Kennedy’s legal opinion and choice of words could raise eyebrows amongst legal colleagues and fury in the Executive Council e.g. regarding the Kenmare incident.

Kennedy is also a delegate of the Irish Free State to the Fourth Assembly of the League of Nations between September 3-29, 1923.

Kennedy is elected to Dáil Éireann on October 27, 1923, as a Cumann na nGaedheal TD at a by-election in the Dublin South constituency. He is the first person to be elected in a by-election to Dáil Éireann. He resigns his seat when he is appointed Chief Justice of Ireland in 1924.

On June 5, 1924, Kennedy is appointed Chief Justice of Ireland, thereby becoming the first Chief Justice of the Irish Free State. He is also the youngest person appointed Chief Justice of Ireland. When he is appointed he is 44 years old. Although the High Court of Justice and the Court of Appeal had been abolished and replaced by the High Court and the Supreme Court respectively, one of his first acts is to issue a practice note that the wearing of wigs and robes will continue in the new courts. This practice is still continued in trials and appeals in the High Court and the Supreme Court (except in certain matters). He holds the position of Chief Justice until his death on December 1, 1936 in Goatstown, Dublin.

In September 2015, a biography by Senator Patrick Kennedy (no relation) is written about Kennedy called Hugh Kennedy: The Great But Neglected Chief Justice.


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Death of Cathal Brugha, Revolutionary & Politician

cathal-brugha-1Cathal Brugha, Irish revolutionary and republican politician, dies in Dublin on July 7, 1922 from injuries received two day earlier when shot by Irish Free State forces on O’Connell Street.

Brugha is born Charles William St. John Burgess of mixed Roman Catholic and Protestant parentage in Dublin on July 18, 1874. He attends Colmkille Schools until 1888 when he is admitted to Belvedere College. He intends to study medicine but this does not come to fruition after his father’s business fails in 1890. He is seen as an austere figure, not very different from Éamon de Valera, and is known not to smoke cigarettes, swear or drink alcohol.

In 1899, Brugha joins the Gaelic League, and he subsequently changes his name from Charles Burgess to Cathal Brugha. He meets his future wife, Caitlín Kingston, at an Irish class in Birr, County Offaly, and they marry in 1912. The marriage produces six children. He becomes actively involved in the Irish Republican Brotherhood (IRB) and in 1913 he becomes a lieutenant in the Irish Volunteers. He leads a group of twenty Volunteers to receive the arms smuggled into Ireland in the Howth gun-running of 1914.

Brugha is second-in-command at the South Dublin Union under Commandant Éamonn Ceannt in the Easter Rising of 1916. On the Thursday of Easter Week, being badly wounded, he is unable to leave when the retreat is ordered. Brugha, weak from loss of blood, continues to fire upon the enemy and is found by Eamonn Ceannt singing “God Save Ireland” with his pistol still in his hands. He recovers over the next year, but is left with a permanent limp.

Brugha proposes a Republican constitution at the 1917 Sinn Féin convention, which is unanimously accepted. In October 1917, he becomes Chief of Staff of the Irish Republican Army and holds that post until March 1919.

Brugha is elected as a Sinn Féin MP for the County Waterford constituency at the 1918 Irish general election. In January 1919, Sinn Féin MPs refuse to recognise the Parliament of the United Kingdom and instead assemble at the Mansion House in Dublin as a revolutionary parliament called Dáil Éireann. Owing to the absence of Éamon de Valera and Arthur Griffith, he presides over the first meeting of Dáil Éireann on January 21, 1919.

Brugha is elected Ceann Comhairle of Dáil Éireann at its first meeting on January 21, 1919, and he reads out the Declaration of Independence in Irish, which ratifies “the establishment of the Irish Republic.” On the following day he is appointed president of the ministry pro tempore. He retains this position until April 1, 1919, when Éamon de Valera takes his place.

Brugha has differences with Michael Collins, who, although nominally only the Irish Republican Army‘s (IRA) Director of Intelligence, has far more influence in the organisation as a result of his position as a high-ranking member of the IRB, an organisation that Brugha sees as undermining the power of the Dáil and especially the Ministry for Defence. He opposes the oath of allegiance required for membership of the IRB. In 1919, his proposition that all Volunteers should swear allegiance to the Irish Republic and the Dáil is adopted.

At a top-level IRA meeting in August 1920, Brugha argues against ambushes of Crown forces unless there is first a call to surrender, but it is dismissed as unrealistic by the brigade commanders present. He also has the idea of moving the front line of the war to England, but is opposed by Collins.

On January 7, 1922, Brugha votes against the Anglo-Irish Treaty. During the Treaty debates, he points out that Collins has only a middling rank in the Department for Defence, which supervises the IRA, even though Griffith hails him as “the man who had won the war.” It is argued that, by turning the issue into a vote on Collins’ popularity, Brugha swings the majority against his own side. Frank O’Connor, in his biography of Collins, states that two delegates who had intended to vote against the Treaty changed sides in sympathy with Collins. Brugha leaves the Dáil and is replaced as Minister for Defence by Richard Mulcahy.

In the months between the Treaty debates and the outbreak of Irish Civil War, Brugha attempts to dissuade his fellow anti-treaty army leaders, including Rory O’Connor, Liam Mellows and Joe McKelvey, from taking up arms against the Free State. When the IRA occupies the Four Courts, he and Oscar Traynor call on them to abandon their position. When they refuse, Traynor orders the occupation of the area around O’Connell Street in the hope of easing the pressure on the Four Courts and of forcing the Free State to negotiate.

On June 28, 1922, Brugha is appointed commandant of the forces in O’Connell Street. The outbreak of the Irish Civil War ensues in the first week of July when Free State forces commence shelling of the anti-treaty positions.

Most of the anti-Treaty fighters under Traynor escape from O’Connell Street when the buildings they are holding catch fire, leaving Brugha in command of a small rearguard. On July 5, he orders his men to surrender, but refuses to do so himself. He then approaches the Free State troops, brandishing a revolver. He sustains a bullet wound to the leg which “severed a major artery causing him to bleed to death.” He dies on July 7, 1922, eleven days before his 48th birthday. He had been re-elected as an anti-Treaty TD at the 1922 Irish general election but dies before the Dáil assembles. He is buried in Glasnevin Cemetery in Dublin.


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Birth of Kevin Christopher O’Higgins, Politician

iohiggs001p1Kevin Christopher O’Higgins, Irish politician who serves as Minister for Economic Affairs from January 1922 to September 1922, Minister for External Affairs from June 1927 to July 1927, Minister for Justice from August 1922 to July 1927 and Vice-President of the Executive Council of the Irish Free State from 1922 to 1927, is born in Stradbally, Queen’s County (County Laois since 1922) on June 7, 1892. He serves as a Teachta Dála (TD) from 1921 to 1927 and is a Member of Parliament (MP) for Queen’s County from 1918 to 1921.

A man of intellectual power, O’Higgins is described by William Butler Yeats as “a great man in his pride confronting murderous men.” He is in fact murdered by maverick republicans while on his way to church.

Educated at University College Dublin, O’Higgins is apprenticed to his uncle, a lawyer. Following the Easter Rising in 1916, he joins the Sinn Féin nationalist movement and is imprisoned. In 1918, while still in jail, he is elected to Parliament from Queen’s County, and in the next year he becomes assistant to the minister of local government, William Thomas Cosgrave. He goes on to become a prominent member of Cumann na nGaedheal.

O’Higgins supports the Anglo-Irish Treaty with Great Britain that creates the Irish Free State. In 1922 he is appointed Minister for Economic Affairs and Vice-President of the Executive Council. He helps to draft the Irish Free State constitution and secures its passage through Dáil Éireann, lower house of the Oireachtas, the Irish parliament. Working for a united Ireland within the British Commonwealth, he plays an important part in the 1926 Imperial Conference. He also prominently represents the Free State in the League of Nations.

As Minister for Justice, O’Higgins establishes the Garda Síochána police force and takes summary measures to restore order following the civil war between the Free State forces and the Irish Republican Army (IRA). His role in the execution of 77 republicans in 1922–23 makes him many enemies, as does his sardonic wit, his inflammatory speeches during the civil war, and his curtailment of the liquor trade.

On Sunday, July 10, 1927, O’Higgins is assassinated at the age of 35 on the Booterstown Avenue side of Cross Avenue in Dublin, while on his way to Mass at the Church of the Assumption. The assassination is carried out by three anti-Treaty members of the IRA, Timothy Coughlan, Bill Gannon and Archie Doyle, in revenge for O’Higgins’ part in the executions of the 77 IRA prisoners during the Irish Civil War.

None of the three assassins is ever apprehended or charged, but Coughlan, a member of Fianna Fáil as well as the IRA, is killed in 1928 in Dublin by a police undercover agent whom he is attempting to murder. The other two benefit from the amnesty to IRA members issued by Éamon de Valera, upon his assumption of power in 1932. Gannon, who dies in 1965, joins the Communist Party of Ireland and plays a central role in organising Irish volunteers for the Spanish Civil War. Doyle remains a prominent IRA militant and takes part in various acts in the early 1940s. He lives to an old age, dying in 1980, and continues to take pride in having killed O’Higgins.