Maolra Seoighe (English: Myles Joyce), is an Irish man who is wrongfully convicted and hanged on December 15, 1882. He is found guilty of the Maumtrasna Murders and is sentenced to death. Though he can only speak Irish, the case is heard in English without any translation service. He is posthumously pardoned in 2018.
Seoighe is the most prominent figure in a controversial trial in 1882 that takes place while Ireland is part of the United Kingdom. Three Irish language speakers are condemned to death for the murder of a local family (John Joyce, his wife Brighid, his mother Mairéad, his daughter Peigí and son Mícheál) in Maumtrasna, on the border between County Mayo and County Galway. It is presumed by the authorities to be a local feud connected to sheep rustling and the Land War. Eight men are convicted on what turns out to be perjured evidence and three of them condemned to death: Maolra Seoighe (a father of five children), Pat Casey and Pat Joyce.
Covering the incident, The Spectator writes the following:
“The Tragedy at Maumtrasna, investigated this week in Dublin, almost unique as it is in the annals of the United Kingdom, brings out in strong relief two facts which Englishmen are too apt to forget. One is the existence in particular districts of Ireland of a class of peasants who are scarcely civilised beings, and approach far nearer to savages than any other white men; and the other is their extraordinary and exceptional gloominess of temper. In remote places of Ireland, especially in Connaught, on a few of the islands, and in one or two mountain districts, dwell cultivators who are in knowledge, in habits, and in the discipline of life no higher than Maories or other Polynesians.”
The court proceedings are carried out in a language the accused do not understand (English), with a solicitor from Trinity College Dublin (TCD), who does not speak Irish. The three are executed in Galway by William Marwood for the crime in 1882. The role of John Spencer, 5th Earl Spencer, who is then Lord Lieutenant of Ireland, is the most controversial aspect of the trial, leading most modern scholars to characterise it as a miscarriage of justice. Research carried out in The National Archives by Seán Ó Cuirreáin, has found that Spencer “compensated” three alleged eyewitnesses to the sum of £1,250, equivalent to €157,000 (by 2016 rates).
As of 2016, nobody has issued an apology or pardon for the executions, though the case has been periodically taken up by various political figures. The then MP for Westmeath, Timothy Harrington, takes up the case, claiming that the Crown Prosecutor for the case George Bolton, had deliberately withheld evidence from the trial. In 2011, two sitting members of the House of Lords, the Liberal Democrat life peers David Alton and Eric Lubbock, request a review of the case. Crispin Blunt, ToryParliamentary Under-Secretary of State for Prisons and Youth Justice, states that Seoighe was “probably an innocent man,” but he does not seek an official pardon.
Seoighe’s final words are: “Feicfidh mé Iosa Críost ar ball beag – crochadh eisean san éagóir chomh maith. … Ara, tá mé ag imeacht … Go bhfóire Dia ar mo bhean agus a cúigear dílleachtaí.” (I will be seeing Jesus Christ soon – he too was also unjustly hanged … I am leaving … the blessings of God on my wife and her five orphans.)
On April 4, 2018, Michael D. Higgins, the President of Ireland, issues a pardon on the advice of the government of Ireland saying “Maolra Seoighe was wrongly convicted of murder and was hanged for a crime that he did not commit”. It is the first presidential pardon relating to an event predating the foundation of the state in 1922 and the second time a pardon has been issued after an execution. Seoighe’s case is not an isolated one, and there are strong similarities with the case of Patrick Walsh who was hanged in the Galway jail on September 22, 1882, just three months before Seoighe for the murders of Martin and John Lydon. The same key players and political factors are active in both cases and his conviction is just as questionable as that of Seoighe.
In September 2009, the story is featured on RTÉ‘s CSI programme under an episode entitled CSI Maamtrasna Massacre. A dramatised Irish language film regarding the affair, entitled Murdair Mhám Trasna, produced by Ciarán Ó Cofaigh is released in 2017.
Douglas is the eldest of nine children of John Douglas, proprietor of John Douglas & Sons Ltd, drapers and outfitters of Wexford Street and originally of Grange, County Tyrone, and his wife, Emily, daughter of John and Mary Mitton of Gortin, Coalisland, County Tyrone. The genealogy of the Douglas family to which he belongs can be traced to Samuel Douglas of Coolhill, Killyman, County Tyrone.
Douglas attends (1895–98) a small school for Quaker children and is a boarder (1898–1902) in the Friends’ School, Lisburn. In 1902, he begins a three-year apprenticeship in his father’s business.
On February 14, 1911, Douglas marries Georgina (Ena) Culley (1883–1959), originally of Tirsogue, Lurgan, County Armagh, whom he meets during his apprenticeship. Their children are John Harold Douglas, who succeeds to the family business and replaces his father as senator, and James Arthur Douglas, who becomes a well-known architect.
From an early age Douglas is fascinated by politics and influenced by the newspapers edited by Arthur Griffith. He becomes a member of the Dublin Liberal Association, whose members for the most part are Protestanthome rulers. After the 1916 Easter Rising, with George Russell and others, who also regard themselves as neither unionists nor nationalists, he sets out to promote what they term “full dominion status” for Ireland. This paves the way for the Irish Convention (1917–18), which, however, fails to reconcile the polarised political attitudes of the time.
Douglas goes on to become a very active member of Seanad Éireann between 1922 and 1936 under the constitution he had helped to prepare. In 1922, he is elected as the first vice-chairman of the Senate. The Senate is abolished in 1936 and re-established under the terms of the 1937 Constitution of Ireland. He is again an active Senator between 1938 and 1943, and from 1944 to 1954. The topics most associated with him during his work as Senator are international refugees and the League of Nations.
For some thirty years he runs the family business, and is also a director of Aspro (Ireland) Ltd, Nugent & Cooper Ltd, Philips Lamps (Ireland) Ltd, and the Greenmount & Boyne Linen Co. Ltd. In addition, he serves as president of the Linen and Cotton Textile Manufacturers Association and as a member of the council of the Federated Union of Employers.
The statute increases the sovereignty of the self-governing Dominions of the British Empire from the United Kingdom. It also binds them all to seek each other’s approval for changes to monarchical titles and the common line of succession. The statute is effective either immediately or upon ratification. It thus becomes a statutory embodiment of the principles of equality and common allegiance to the Crown set out in the Balfour Declaration of 1926. As the statute removes nearly all of the British parliament’s authority to legislate for the Dominions, it is a crucial step in the development of the Dominions as separate, independent, and sovereign states.
The Irish Free State never formally adopts the Statute of Westminster, its Executive Council (cabinet) taking the view that the Anglo-Irish Treaty of 1921 has already ended Westminster‘s right to legislate for the Irish Free State. The Constitution of the Irish Free State gives the Oireachtas “sole and exclusive power of making laws.” Hence, even before 1931, the Irish Free State does not arrest British Army and Royal Air Force deserters on its territory, even though the UK believes post-1922 British laws give the Free State’s Garda Síochána the power to do so. The UK’s Irish Free State Constitution Act 1922 says, however, “[n]othing in the [Free State] Constitution shall be construed as prejudicing the power of [the British] Parliament to make laws affecting the Irish Free State in any case where, in accordance with constitutional practice, Parliament would make laws affecting other self-governing Dominions.”
Motions of approval of the Report of the Commonwealth Conference had been passed by Dáil Éireann and Seanad Éireann in May 1931 and the final form of the Statute of Westminster includes the Irish Free State among the Dominions the British Parliament cannot legislate for without the Dominion’s request and consent. Originally, the UK government wants to exclude from the Statute of Westminster the legislation underpinning the 1921 treaty, from which the Free State’s constitution had emerged. Executive Council President (Prime Minister) W. T. Cosgrave objects, although he promises that the Executive Council will not amend the legislation unilaterally. The other Dominions back Cosgrave and, when an amendment to similar effect is proposed at Westminster by John Gretton, parliament duly votes it down. When the statute becomes law in the UK, Patrick McGilligan, the Free State Minister for External Affairs, states, “It is a solemn declaration by the British people through their representatives in Parliament that the powers inherent in the Treaty position are what we have proclaimed them to be for the last ten years.” He goes on to present the statute as largely the fruit of the Free State’s efforts to secure for the other Dominions the same benefits it already enjoys under the treaty. The Statute of Westminster has the effect of granting the Irish Free State internationally recognised independence.
Éamon de Valera leads Fianna Fáil to victory in the 1932 Irish general election on a platform of republicanising the Free State from within. Upon taking office, he begins removing the monarchical elements of the Constitution, beginning with the Oath of Allegiance. De Valera initially considers invoking the Statute of Westminster in making these changes, but John J. Hearne advises him to not do so. Abolishing the Oath of Allegiance in effect abrogates the 1921 treaty. Generally, the British believe that this is morally objectionable but legally permitted by the Statute of Westminster. Robert Lyon Moore, a Southern Unionist from County Donegal, challenges the legality of the abolition in the Irish Free State’s courts and then appeals to the Judicial Committee of the Privy Council (JCPC) in London. However, the Free State has also abolished the right of appeal to the JCPC. In 1935, the JCPC rules that both abolitions are valid under the Statute of Westminster. The Irish Free State, which in 1937 is renamed Ireland, leaves the Commonwealth in 1949 upon the coming into force of The Republic of Ireland Act 1948.
The Statute of Westminster’s modified versions are now domestic law in Australia and Canada. It has been repealed in New Zealand and implicitly in former Dominions that are no longer Commonwealth realms.
Cox is the younger of two sons of Dr. Michael Cox, physician originally of Roscommon and Sligo, and Elizabeth Cox (née Nolan). Like his father, he supports the Irish Parliamentary Party (IPP) and maintains an interest in a wide range of subjects outside his chosen career throughout his life. He attends Belvedere College (1900-09), where he often obtains first place in his class and wins the Union prize for essay writing three years in a row (1905–07). He is the first auditor of the Belvedere Debating Society and is succeeded in the post by George O’Brien, who remains his lifelong friend. In 1909, he wins both a Royal University of Ireland (RUI) scholarship and an entrance exhibition to University College Dublin (UCD), a college of the new National University of Ireland (NUI).
Working for an arts degree at UCD, then housed at 86 St. Stephen’s Green, Cox overcomes an innate shyness to cultivate a reputation as a skillful and humorous orator in the Literary and Historical Society (L&H), where he befriends both Kevin O’Higgins and John A. Costello. He has immense respect for both men, and they remain firm friends. The respect is reciprocal, and during their subsequent careers O’Higgins and Costello often have occasion to seek Cox’s wise counsel. In 1912, Cox defeats Costello for the auditorship of the L&H by 112 votes to 63, and in the same year attains a first-class honours BA. His role as auditor means that he is involved with UCD for a further year. He attends lectures at the Incorporated Law Society while at the same time he pursues both the LL. B course, a one-year postgraduate law degree, and an MA at UCD. By the end of 1913 he has achieved first place in the LL. B and first-class honours in his MA. In addition, he has become auditor of the Solicitors’ Apprentices’ Debating Society.
After university Cox is apprenticed to a solicitor, Francis Joseph Scallan, who runs a firm in partnership with his brother, John Louis Scallan. On qualifying in 1915, he remains with the firm as an assistant solicitor until 1920, when he forms a partnership with another solicitor, John McAreavey. The firm is called Arthur Cox & Co. and has its offices at 5 St. Stephen’s Green. Initially the new firm’s clients are predominantly made up of those for whom he worked at his previous firm, and friends from his university days. Through George O’Brien he meets Sir Horace Plunkett, president of the Irish Agricultural Organisation Society (IAOS), a connection of enormous benefit, which sees the firm both become solicitor to the IAOS and gain a large number of clients through its membership.
Despite his relative youth, Cox is held in high esteem by those attempting to construct the apparatus of the newly independent Irish Free State in 1922. This is clear when he provides Hugh Kennedy, law officer to the provisional government and future Chief Justice of Ireland, with a lengthy opinion on the status of the Anglo–Irish Treaty, in the context of drafting a constitution for the new state. He is conscious of the need to counter claims that the treaty does not go far enough in acknowledging Irish nationhood; and he advises that the first article of the new constitution should explicitly state that the sovereignty of the new state derives from the Irish people. This is ultimately done in the preamble of the Constitution of the Irish Free State (1922).
In 1923, Cox is appointed solicitor to Siemens-Schuckert, the German engineering firm, and helps to negotiate the terms of an agreement with the Irish government for the construction of a hydro-electric station at Ardnacrusha, County Clare. In 1926, the Electricity (Supply) Act is passed, on which he advises. Although he experiences much success in these years, he is very much affected by the death of his friend Kevin O’Higgins, who is shot and dies from his injuries on July 10, 1927. He visits O’Higgins on his deathbed. Arthur Cox & Co. expands rapidly in its early years, and in 1926 Cox and McAreavey purchase new premises at 42–3 St. Stephen’s Green. Four years later he buys his partner out of the firm.
Given his friendships with various members of the original Free State administration, and the amount of work he receives from it, government work for Cox dries up when Fianna Fáil comes to power in 1932. However, the protectionist corporate policies and implementing legislation of the new administration bring new opportunities. The legislation places severe restrictions on foreign companies owning and operating enterprises in Ireland. He develops a reputation for assisting corporate clients to circumnavigate the restrictive laws. Along with his friend James Beddy, chief executive of the Industrial Credit Corporation, he realises that foreign investment is essential to the growth of the Irish economy. He introduces many clients to Beddy, and between them they find ways to assist the firms in investing in various enterprises without breaching the law. During this period, he cements his reputation as the foremost corporate lawyer in Ireland. This is evident when James Marmion Gilmor Carroll appoints him, as one of only two non-family members, to the board of the tobacco manufacturers P. J. Carroll & Co. He plays a key role in transforming the archaic practices of the firm by persuading Carroll to recruit Kevin McCourt as executive director. He and McCourt later convince Carroll to employ his nephew, Don Carroll, who plays a key role in the modernisation and diversification of the firm. In 1960 He and Carroll negotiate the sale of 40 per cent of the company to Rothmans International.
Despite his reputation as a corporate lawyer, Cox also represents non-corporate clients, some of whom include well-known personalities. In 1946, he agrees to assist Hungarian film-maker Gabriel Pascal in attempting to persuade the Irish government to establish an Irish film studio, with a view to filming the plays of George Bernard Shaw. He puts much time and energy into trying to convince the government to provide finance for the venture, but to no avail.
In 1942, Cox is elected to the council of the Incorporated Law Society and becomes president of the society for the 1951-52 term, presiding over the celebrations to commemorate the centenary of the society’s charter of incorporation. In 1951, he also becomes chairman of the company law reform committee, which produces its report, known as “the Cox report,” in 1958. Renowned for his eccentricities, he is almost as well known for his shabby mode of dress as he is for his incisive mind and immense capacity for work. His reputation is also based on a strict adherence to discretion and confidentiality. This is clear in 1948 when his old friend John A. Costello, having been offered the office of Taoiseach in the first inter-party government, turns to him for advice on whether he should accept the post. In 1954, Costello nominates him to the 8th Seanad.
In October 1953, the London firm of Nicholl Manisty & Co. retains him to represent British Prime Minister Sir Winston Churchill in a libel action brought by BrigadierEric Dorman O’Gowan, arising from comments in Churchill’s The Second World War: The Hinge of Fate. Churchill also relies on the advice of his friend Sir Hartley Shawcross, leader of the English bar, who makes several visits to Dublin to meet Cox and counsel (including John A. Costello). Cox and Shawcross believe it necessary to reach some form of settlement to avoid Churchill having to appear in court. The action is therefore withdrawn in return for an undertaking that certain corrections will be made.
On August 5, 1940, Cox marries Brigid O’Higgins (née Cole), widow of his friend Kevin O’Higgins. Prior to this he lives with his mother at 26 Merrion Square. He had purchased Carraig Breac in Howth in 1936 and moves there on his marriage. His commitment to his work means that he often works seven days a week and he therefore keeps a flat on Mespil Road, Dublin, from 1940. In 1959, he sells Carraig Breac and moves to 8 Shrewsbury Road, Dublin.
On February 14, 1961, Brigid Cox dies. Soon after, Cox decides to retire from his profession and study for the priesthood. He is intent on becoming a Jesuit and discusses his intentions with the Archbishop of Dublin, John Charles McQuaid, who agrees to ordain him after two years of private tuition at the Jesuit theologate at Milltown Park, Dublin. On being accepted by the Jesuits, he makes arrangements to settle his worldly affairs by selling his home on Shrewsbury Road and leaving his practice to the existing partners. He enters Milltown Park on October 15, 1961, and is ordained on December 15, 1963. His impact on Irish life over the previous forty years is evident by the presence at his ordination of John A. Costello, W. T. Cosgrave, Seán T. O’Kelly, and James Dillon, among others.
Following ordination Cox is appointed to serve at the Jesuit mission in Monze, Northern Rhodesia (Zambia). He arrives at Monze in August 1964 and is appointed extraordinary chaplain to the local convent and hospital. On June 8, 1965, he suffers head injuries in a car accident while traveling to Namwada in Zambia. Taken to Choma hospital, he initially appears to be relatively unscathed but collapses and dies on June 11, 1965. He is found to have suffered from a cerebral haemorrhage and a fractured skull. He is buried in the grounds of the Jesuit retreat house in Chikuni, Zambia.
Many of the Cox family papers are housed at the UCD archives.
(From: “Cox, Arthur Conor Joseph” by Shaun Boylan, Dictionary of Irish Biography, http://www.dib.ie, October 2009)
James Green Douglas, Irish businessman and politician dies on September 16, 1954. In 1922 he serves as the first-ever Leas-Chathaoirleach (deputy chairperson) of Seanad Éireann, the upper house of the newly independent Irish parliament. He goes on to serve in the Seanad for 30 years.
Douglas is born July 11, 1887, at 19 Brighton Square, Dublin, the eldest of nine children of John Douglas, proprietor of John Douglas & Sons Ltd, drapers and outfitters of Wexford St. and originally of Grange, County Tyrone, and his wife, Emily, daughter of John and Mary Mitton of Gortin, Coalisland, County Tyrone. The genealogy of the Douglas family to which he belongs can be traced to Samuel Douglas of Coolhill, Killyman, County Tyrone.
Douglas attends (1895–98) a small school for Quaker children and is a boarder (1898–1902) in the Friends’ School, Lisburn. In 1902 he begins a three-year apprenticeship in his father’s business.
On February 14, 1911, Douglas marries Georgina (Ena) Culley (1883–1959), originally of Tirsogue, Lurgan, County Armagh, whom he meets during his apprenticeship. Their children are John Harold Douglas, who succeeds to the family busines and replaces his father as senator, and James Arthur Douglas, who becomes a well-known architect.
From an early age Douglas is fascinated by politics and influenced by the newspapers edited by Arthur Griffith. He becomes a member of the Dublin Liberal Association, whose members for the most part are Protestanthome rulers. After the 1916 Easter Rising, with George Russell and others, who also regard themselves as neither unionists nor nationalists, he sets out to promote what they term “full dominion status” for Ireland. This paves the way for the Irish Convention (1917–18), which, however, fails to reconcile the polarised political attitudes of the time.
Douglas goes on to become a very active member of Seanad Éireann between 1922 and 1936 under the constitution he had helped to prepare. In 1922, he is elected as the first vice-chairman of the Senate. The Senate is abolished in 1936 and re-established under the terms of the 1937 Constitution of Ireland. He is again an active Senator between 1938 and 1943, and from 1944 to 1954. The topics most associated with him during his work as Senator are international refugees and the League of Nations.
For some thirty years he runs the family business, and is also a director of Aspro (Ireland) Ltd, Nugent & Cooper Ltd, Philips Lamps (Ireland) Ltd, and the Greenmount & Boyne Linen Co. Ltd. In addition, he serves as president of the Linen and Cotton Textile Manufacturers Association and as a member of the council of the Federated Union of Employers.
A party of eighteen armed B-Specials, a part-time auxiliary police force which is almost 100% Protestant, when traveling by train to Enniskillen, are stopped at Clones railway station in County Monaghan by an IRA group. The B-Specials react immediately by shooting Commander Fitzpatrick. His colleagues retaliate by fatally shooting four Specials and arresting the survivors. Trouble in the North is at a boiling point and in the three days after the Clones incident thirty people are murdered in Belfast.
Collins and James Craig, Prime Minister of Northern Ireland, have further discussions in Dublin in early February 1922 but the meeting breaks down over the question of the boundary revision. Craig informs reporters that he has the assurance of the British Government that the Boundary Commission will make only slight changes. He complains that the maps which Collins had produced led him to the assumption that Collins had already been promised almost half of Northern Ireland. Craig agrees to minor changes but if North and South fail to agree, there will be no change at all. Collins issues a statement which refuses to admit any ambiguity and says that majorities must rule.
The British and the Provisional Government finally agreed that an Irish Free State Agreement Bill will legalise the Treaty and the transfer of power to the Provisional Government and will authorise the election of a Provisional Parliament to enact the Free State Constitution. Final ratification of the Treaty is deferred until the British confirm the Free State Constitution. Only then will Northern Ireland be allowed to exclude itself formally from the Free State.
(From: “OTD in 1922 – The IRA Kidnaps More Than Forty Loyalists Activists and ‘B’ Specials,” Stair na hÉireann | History of Ireland, https://stairnaheireann.net | Picture: Colour image of the IRA patrolling Grafton Street, Dublin, during the Irish Civil War in 1922, 1916 Easter Revolution in Colour)
The Second Dáil (Irish: An Dara Dáil) is Dáil Éireann as it convenes on August 16, 1921, following the dissolution of the First Dáil. The Second Dáil runs until June 8, 1922.
From 1919 to 1922, Dáil Éireann is the revolutionary parliament of the self-proclaimed Irish Republic. The Second Dáil consists of members elected at the 1921 Irish elections, but with only members of Sinn Féin taking their seats. On January 7, 1922, it ratifies the Anglo-Irish Treaty by 64 votes to 57 which ends the Irish War of Independence and leads to the establishment of the Irish Free State on December 6, 1922.
Since 1919, those elected for Sinn Féin at the 1918 Irish general election had abstained from the House of Commons and established Dáil Éireann as a parliament of a self-declared Irish Republic, with members calling themselves Teachtaí Dála or TDs. In December 1920, in the middle of the Irish War of Independence, the British Government passes the Government of Ireland Act 1920, which enacts partition by establishing two home rule parliaments in separate parts of Ireland. These provisions arise out of discussions held at the Irish Convention held in 1917, from which Sinn Féin abstains. In May 1921 the first elections to the House of Commons of Northern Ireland and the House of Commons of Southern Ireland are held, by means of the single transferable vote. On May 10, 1921, the Dáil passes a resolution that the elections scheduled to take place later in the month in both parts of the country will be “regarded as elections to Dáil Éireann.”
In the elections for Southern Ireland, all seats are uncontested, with Sinn Féin winning 124 of the 128 seats, and Independent Unionists winning the four seats representing the Dublin University. In the 1921 Northern Ireland general election, the Ulster Unionist Party (UUP) wins 40 of the 52 seats, with Sinn Féin and the Nationalist Party winning 6 seats each. Of the six seats won by Sinn Féin in Northern Ireland, five are held by people who had also won seats in Southern Ireland.
The Second Dáil responds favourably to the proposal from King George V on June 22, 1921, for a truce, which becomes effective from noon on July 11, 1921. This is upheld by nearly all of the combatants while the months-long process of arranging a treaty gets under way. The Truce allows the Dáil to meet openly without fear of arrest for the first time since September 1919, when it had been banned and driven underground.
On September 14, 1921, the Dáil ratifies the appointment of Arthur Griffith, Michael Collins, Robert Barton, Eamonn Duggan and George Gavan Duffy as envoys plenipotentiary for the peace conference in England. These envoys eventually sign the Anglo-Irish Treaty on December 6. The debate on the Treaty starts on December 14 and continues until January 7, 1922. On that date, the Dáil approves the treaty by 64 in favour to 57 against. As the leader of the anti-Treaty minority, de Valera resigns as President. He allows himself to be nominated again but is defeated on a vote of 60–58. He is succeeded as president by Arthur Griffith. The anti-Treaty deputies continue to attend the Dáil, with de Valera becoming the first Leader of the Opposition in the Dáil.
The ratification specified by the Treaty is by “a meeting summoned for the purpose of the members elected to sit in the House of Commons of Southern Ireland.” The Dáil vote does not fulfil this because four unionists are absent and one Northern Ireland member is present. The requisite approval comes at a separate meeting on January 14, 1922, attended by the unionists and boycotted by anti-Treaty TDs. The meeting also approves a Provisional Government led by Collins, which runs in parallel to Griffith’s Dáil government and with overlapping membership. The Government of Ireland Act 1920 requires the Commons to be summoned by the Lord Lieutenant and its members to take an oath of allegiance to the king, whereas the meeting on January 14 is summoned by Griffith and the members present do not take an oath.
Under the terms of the Treaty, a Constituent Assembly is to be elected to draft a Constitution for the Irish Free State to take effect by December 6, 1922. The assembly is also to serve as a “Provisional Parliament” to hold the Provisional Government responsible. This election is held on June 16, 1922, pursuant to both a resolution by the Second Dáil on May 20 and a proclamation by the Provisional Government on 27 May 27.
The Third Dáil is elected at the general election held on June 16, 1922. This election is required to be held under the Anglo-Irish Treaty signed on December 6, 1921.
(Pictured: Some members of the Second Dáil at the Grosvenor Hotel in London, seated (L to R) Éamon de Valera and Arthur Griffith, National Library of Ireland, NPA-RPH-10)
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.
O’Higgins is born in Stradbally, Queen’s County (County Laois since 1922) on June 7, 1892. Educated at University College Dublin, he is apprenticed to his uncle, a lawyer. Following the Easter Rising in 1916, he joins the Sinn Féinnationalist 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.
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. 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 Booterstown, a coastal suburb of 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.
Healy is the second son of Maurice Healy, clerk of the Bantry Poor Law Union, and Eliza Healy (née Sullivan). His elder brother, Thomas Healy (1854–1924), is a solicitor and Member of Parliament (MP) for North Wexford and his younger brother, Maurice Healy (1859–1923), with whom he holds a lifelong close relationship, is a solicitor and MP for Cork City.
Healy then moves to England in 1871, working first as a railway clerk and then from 1878 in London as parliamentary correspondent of The Nation, writing numerous articles in support of Charles Stewart Parnell, the newly emergent and more militant home rule leader, and his policy of parliamentary obstructionism. Healy takes part in Irish politics and becomes associated with Parnell and the Irish Parliamentary Party. After being arrested for intimidation in connection with the Irish National Land League, he is promptly elected as member of Parliament for Wexford Borough in 1880.
In Parliament, Healy becomes an authority on the Irish land question. The “Healy Clause” of the Land Law (Ireland) Act 1881, which protects tenant farmers’ agrarian improvements from rent increases imposed by landlords, not only makes him popular throughout nationalist Ireland but also wins his cause seats in ProtestantUlster. He breaks with Parnell in 1886 and generally remains at odds with subsequent leaders of the Irish Parliamentary Party, though he is a strong supporter of proposals for Irish Home Rule. Meanwhile, he is called to the Irish bar in 1884 and becomes a queen’s counsel in 1899.
Healy believes that he has been awarded the Governor-Generalship for life. However, the Executive Council of the Irish Free State decides in 1927 that the term of office of Governors-General will be five years. As a result, he retires from the office and public life in January 1928 and publishes his extensive two volume memoirs later in that year. Throughout his life he is formidable because he is ferociously quick-witted, because he is unworried by social or political convention, and because he knows no party discipline. Towards the end of his life, he becomes more mellowed and otherwise more diplomatic.
The oath, pledging allegiance to the Constitution and fidelity to George V as King of Ireland, is required by the Anglo-Irish Treaty signed in 1921, and has been the symbolic focus of Irish republican opposition to the Treaty in the 1922–23 Irish Civil War. When Fianna Fáil is founded in 1926 by veterans of the losing anti-Treaty side in the Civil War, abolishing the oath is a core aim. It is a main item in the manifesto for its successful 1932 Irish general election campaign, after which it forms a minority government whose first action is to introduce the Constitution (Removal of Oath) Bill 1932. Seanad Éireann has more ex-unionists and others conciliatory towards the United Kingdom and vote to reject the bill unless the Treaty can be amended by agreement. After the 1933 Irish general election, the Fianna Fáil majority government is able to override the Seanad and enact the law.
As well as amending the Constitution, the 1933 act also amends the Constitution of the Irish Free State (Saorstát Eireann) Act 1922, which had both created the Constitution in Irish law and also prohibited any Constitutional amendment incompatible with the Treaty. Since the Free State cannot unilaterally amend the Treaty, Fianna Fáil amends the 1922 act to remove the Treaty’s precedence over the Constitution. Later constitutional amendments are also incompatible with the terms of the Treaty, in particular by weakening and ultimately abolishing the office of Governor-General of the Irish Free State. There is legal controversy over whether the Oireachtas has the power to amend the 1922 act, because it had been passed by the Third Dáil sitting as a constituent assembly before the Oireachtas had come into being. In 1935 the Judicial Committee of the Privy Council (JCPC) in London rules that, in British law, the Oireachtas does have the power, under the Statute of Westminster 1931. Irish jurisprudence takes issue with many of the assumptions underlying the 1935 decision.
seamus dubhghaill 