seamus dubhghaill

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


Leave a comment

Birth of Lawyer & Politician Philip Tisdall

philip-tisdallPhilip Tisdall, lawyer and politician who is a leading figure in the Irish Government for many years, is born on March 1, 1703, in County Louth.

Tisdall is the son of Richard Tisdall, who is MP for Dundalk in 1703–1713 and for Louth in 1717–1727, by his wife Marian Boyle, daughter of Richard Boyle, MP, a cousin of the Earl of Cork. His father is also Registrar of the Court of Chancery.

Tisdall is educated at Thomas Sheridan‘s school in Dublin, and at the University of Dublin, where he graduates Bachelor of Arts in 1722. He enters Middle Temple in 1723 and is called to the Irish Bar in 1733.

In 1736 he marries Mary Singleton, daughter of the Rev. Rowland Singleton and Elizabeth Graham, and niece and co-heiress of Henry Singleton, Chief Justice of the Irish Common Pleas, a marriage which brings him both wealth and influence. He quickly becomes one of the leaders of the Bar, partly through his legal ability and partly through his marriage into the wealthy and influential Singleton family. He is made a Bencher of the King’s Inns in 1742.

He sits in the Irish House of Commons as MP for Dublin University from 1739 to 1776 and then for the city of Armagh from 1776 until his death. He is elected as member for Armagh in 1768, but chooses to continue sitting for the University.

In 1742 Tisdall is appointed Third Serjeant, then Solicitor-General in 1751 and Attorney-General in 1760. He is also appointed judge of the Prerogative Court of Ireland, an office he holds from 1745 until his death. In 1763 he becomes Principal Secretary of State, and on February 28, 1764 he is appointed to the Privy Council of Ireland. For almost 20 years he is a crucial figure in the Irish Government, which relies on him on to manage the Irish House of Commons, a task which he performs with great skill and tact. Tisdall is almost all-powerful until 1767, when George Townshend, 1st Marquess Townshend, arrives as Lord Lieutenant of Ireland. Townshend has a mandate to restore the direct power of the Crown over Irish affairs and to bypass the Irish managers like Tisdall. To his credit, Townshend recognises that Tisdall’s support is still an asset to the Government, and makes great efforts to conciliate him. Townshend lobbies hard for Tisdall to be appointed Lord Chancellor of Ireland, but comes up against the inflexible British reluctance, then and for many years after, to appoint an Irishman to this crucial office. He retains the confidence of successive Lords Lieutenants. In 1777, despite his age and failing health, he is asked to resume his role as Government leader in the House of Commons. He agrees, but dies at Spa, Belgium on September 11 of the same year.

Tisdall is strikingly dark in complexion, hence his nicknames “Black Phil” and “Philip the Moor,” and is described as “grave in manner and sardonic in temper.” Despite his somewhat forbidding appearance, he is a hospitable character, who is noted for entertaining lavishly, even when he is well into his seventies, both at his town house in South Leinster Street, and his country house at Stillorgan. John Scott, 1st Earl of Clonmell, who succeeds him as Attorney General, writes that Tisdall would have lived longer if he had adopted a more sedate lifestyle in his later years.

Advertisements


Leave a comment

Irish Free State Admitted to League of Nations

league-of-nations-delegationThe Irish Free State is admitted into the League of Nations on September 10, 1923.

In 1922, Éamon de Valera speaks at a League of Nations meeting and is critical of Article 10 of the League Covenant which preserves the existing of territorial integrity of member states. This article prevents Ireland from gaining membership in the League of Nations, because it is a territory of the United Kingdom, who is a member state. However, it does not clarify what rights dominion states have and if they can have their own seat. This means that when the Constitution of the Irish Free State goes into effect, the Irish government does not know what type of role it can play in the League of Nations and if, at that point, it is possible to become a member. The League of Nations final decision is that Ireland can not become a member until it’s constitution is officially enacted and it officially becomes a free state.

The Constitution of the Irish Free State is enacted on December 6, 1922, and is recognized as an official international instrument. This allows Ireland to submit an application for entry into the League of Nations.

The applications process goes smoothly until the spring of 1923 when the Seanad Éireann, the upper house of the Oireachtas, complains that only Dáil Éireann, the lower house, has approved the application. A previous decision has made the application an Executive Council decision, and under the Provisional Government, the Seanad has approved the application process. With this approval, the Executive Council continues the application process, however, the new Seanad is upset about their lack of input. This problem is settled when the Attorney-General creates the League of Nations (Guarantee) Bill, which gives both Houses an opportunity to discuss and approve the application.

With this approval in September, Ireland is admitted as a full and equal member to the League of Nations on September 10, 1923, giving it access to the rest of the world. This membership means that Ireland now has representatives in one place, who can meet with other representatives, instead of sending delegates to each country. One location not only saves time, but money. Early Irish foreign policy is driven by the need to stress the country’s legal status as a platform from which to pursue a fuller foreign policy. With admission to the League of Nations this is now possible. Ireland’s acceptance into the League of Nations helps create legitimacy for the new nation.

(Pictured: Irish Delegation to the League of Nations, 1923)


Leave a comment

Enactment of the Constitution of Ireland

constitution-of-irelandThe current Constitution of Ireland is enacted by a national plebiscite of voters on July 1, 1937 in what is then the Irish Free State. The Constitution comes into effect on December 29, 1937. The Constitution is closely associated with Éamon de Valera, the President of the Executive Council of the Irish Free State at the time, who is personally eager to replace the Constitution of the Irish Free State.

There are two main motivations for replacing the constitution in 1937. Firstly, the Irish Free State constitution of 1922 is, in the eyes of many, associated with the controversial Anglo-Irish Treaty. The second motive for replacing the original constitution is primarily symbolic. De Valera wants to put an Irish stamp on the institutions of government, and chooses to do this in particular through the use of Irish nomenclature.

De Valera, as President of the Executive Council, personally supervises the writing of the Constitution. It is drafted initially by John Hearne, legal adviser to the Department of External Affairs. De Valera serves as his own External Affairs Minister, hence the use of the Department’s Legal Advisor, with whom he has previously worked closely, as opposed to the Attorney General or someone from the Department of the President of the Executive Council. He also receives significant input from John Charles McQuaid, the Catholic Archbishop of Dublin, on religious, educational, family, and social welfare issues. The text is translated into Irish over a number of drafts by a group headed by Micheál Ó Gríobhtha who works in the Department of Education.

The framers of the 1937 Constitution decide that it will be enacted not by an elected body but by the people themselves by means of a plebiscite. The preamble to the 1937 Constitution is thus written in the name not of the legislature but of “We, the people of Éire.” On June 2, 1937, the Oireachtas passes the Plebiscite (Draft Constitution) Act 1937, which mandates the holding of a plebiscite on the draft constitution on the same date as the next general election. The Dáil is dissolved on June 14, 1937, as soon as it has approved the draft constitution. The ensuing general election is held on July 1, 1937, and the plebiscite is held in parallel. The question put to voters is simply “Do you approve of the Draft Constitution which is the subject of this plebiscite?” It is passed by a plurality – 56% of voters are in favour, comprising 38.6% of the entire electorate.

Neither the Dáil resolution approving the draft Constitution nor the Plebiscite (Draft Constitution) Act 1937 provide for the plebiscite establish how the Constitution would come into force. It is the Constitution itself which states that this will occur 180 days after its approval, and that the 1922 Constitution will simultaneously be repealed. This happens on December 29, 1937, one hundred eighty days after the July 1 plebiscite.

Consequential acts are passed between July and December to provide for the establishment of, and holding elections for, the new Seanad and the Presidency, as well as for other adaptations. The Presidential Establishment Act, 1938 is passed after the Constitution has come into effect but before the first President, Douglas Hyde, takes office.