The First Amendment of the Constitution Act 1939 amends the Constitution of Ireland to extend the constitutional definition of “time of war” to include a period during which a war occurs without the state itself being a direct participant. It is introduced and signed into law on September 2, 1939, the day after the Invasion of Poland by Germany and allows the government to exercise emergency powers during World War II, known in Ireland as The Emergency, although the state is neutral.
Article 28.3.3° of the Constitution grants the state sweeping powers during a state of emergency, but in the form in which the article is adopted in 1937, they can be invoked only during a “time of war or armed rebellion.” The First Amendment specifies that “time of war” can include an armed conflict in which the state is not actually taking part.
The amendment is introduced by the Fianna Fáil government of Éamon de Valera on September 2, 1939, and passes swiftly through both houses of the Oireachtas. Unlike later amendments, the First and Second Amendments are not submitted to a referendum because under the terms of Article 51, one of the Transitory Provisions of the Constitution, the Constitution can be amended by a vote of the Oireachtas alone from 1938 to 1941.
The First Amendment is passed only in English. This creates a constitutional difficulty, as the Irish text of the Constitution has legal precedence. The error is rectified by the Second Amendment, passed in 1941, which includes in its provisions, at Reference No. 21, the Irish text of the First Amendment.
The Emergency Powers Act 1939 is passed and signed on the same day as the First Amendment. Further Acts are passed over the course of World War II. The Emergency Powers Act 1976 is passed in response to The Troubles.
Article 28.3.3º is amended on two further occasions. The Second Amendment, passed in 1941, also under Article 51, clarifies that emergency provisions must be within the time of war or armed rebellion itself and add a clause at the end of the last sentence, which specifies that a “time of war” can extend beyond the termination of hostilities. The Twenty-first Amendment, passed in 2001, prohibits the use of the death penalty in a new subsection in Article 15.5.2º, and provides that the emergency provisions of the Constitution cannot be used to allow the death penalty.
John Dillon, a Member of Parliament (MP) for over 35 years and the last leader of the Irish Parliamentary Party in the struggle to secure Home Rule by parliamentary means, dies in a Londonnursing home on August 4, 1927. Through the 1880s he is perhaps the most important ally of the greatest 19th-century Irish nationalist, Charles Stewart Parnell, but, following Parnell’s involvement as co-respondent in a divorce case, he repudiates Parnell for reasons of political prudence.
Dillon is a member of the British House of Commons during 1880–1883 and 1885–1918. For his vigorous work in the Irish National Land League, which seeks fixed tenure, fair rents, and free sale of Irish land, he is imprisoned twice between May 1881 and May 1882. He is Parnell’s fellow inmate in Kilmainham Gaol in Dublin from October 1881. For six months in 1888 he is imprisoned for aiding William O’Brien, author of the “plan of campaign” against high rent charges by English absentee landlords in Irish farming districts.
When Parnell is named co-respondent in Captain William Henry O’Shea’s divorce suit in 1890, Dillon and O’Brien at first affirm their support of him, but they finally decide that he will thenceforth be a liability as party leader. The party then splits, the anti-Parnellite majority forming the Irish National Federation, of which Dillon serves as chairman from 1896. In 1900, however, he agrees to join a reunited party under the Parnellite John Redmond.
During the prime ministry of Arthur James Balfour (1902–1905), Dillon comes to believe that the British Conservative government intends to grant Irish reforms without independence, thereby “killing Home Rule by kindness.” In 1905 he advises Irishmen to vote for Liberal Party candidates for Parliament, and, after the Liberals had taken office that year, he supports their reform program.
Throughout World War I Dillon vehemently opposes the extension of British military conscription to Ireland, both because that measure would strengthen the agitation by the more extreme nationalistSinn Féin party and because he never accepted the view that British imperial interests necessarily coincided with those of Ireland. After the Easter Rising in Dublin in 1916, he protests against the harsh measures that ensue and, in the House of Commons, makes a passionate speech in defense of the Irish rebels.
Upon Redmond’s death on March 6, 1918, Dillon, who had broken with him over Irish support for the British war effort, succeeds him as Irish Parliamentary Party leader. By that time, however, the party has been discredited and in the 1918 Irish general election Sinn Féin wins easily. On losing his House of Commons seat to Éamon de Valera, the future president of the Republic of Ireland, he retires from politics.
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 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.
Clann na Poblachta, a radical new republican party, is founded in Barry’s Hotel, Dublin, on July 6, 1946 by former members of the Irish Republican Army (IRA) who are very unhappy at the treatment of IRA prisoners during “The Emergency” and who are prepared to try and engage in parliamentary politics. The party lasts 19 years but fails in its objectives due to internal feuds and lack of unity.
Clann na Poblachta realises that it has to place an emphasis on practical improvements to living standards and welfare issues such as public health. These policies attract a number of younger members such as Noël Browne and Jack McQuillan. One potential problem for the future is that almost the entire Provisional Executive is resident in Dublin and the party has no organisation in the six counties of Northern Ireland.
In 1948, Éamon de Valera dissolves the Dáil and calls an election for February. Clann na Poblachta wins only ten seats in the 1948 Irish general election, fewer than the breakthrough expected, caused in part by the error of running multiple candidates in many constituencies. The party believes there will be a landslide in their favour like the 1918 Westminster election but 48 of their 93 candidates lose their deposits. The party wins 13.3% of the vote but only 6.8% of the seats. Of their ten Teachtaí Dála (TD), six are elected in Dublin constituencies, two in Tipperary and one each in Cavan and Roscommon.
The party is the driving force behind the 26 counties exiting the Commonwealth of Nations and the all-party Anti-Partition Campaign.
The controversy of the “Mother and Child Scheme,” a progressive healthcare programme opposed by the Catholic Church, helps bring down the government and leads to the disintegration of the party. Many of the party’s TDs resign in solidarity with Noël Browne and his scheme, so the official party wins only two seats in the 1951 Irish general election.
In 1954, Clann na Poblachta agrees to give outside support to the Fine Gael-led government. In this election, three TDs are returned – MacBride, John Tully and John Connor. Controversy dogs the party as Liam Kelly, a Northern-based Clann na Poblachta senator, is also active in Saor Uladh and leads a number of military raids in County Fermanagh and County Tyrone against the Royal Ulster Constabulary (RUC).
Clann na Poblachta withdraws its support from the Government in late 1956 due to the its anti-IRA stance. The party wins only one seat at the 1957 Irish general election with MacBride being defeated by Fianna Fáil. John Tully remains the only Clann TD until his retirement in 1961, after he loses his seat. However, Joseph Barron is elected in Dublin South-Central on his fourth attempt.
In 1965, Tully wins back his seat but he is in effect an Independent as the party only stands four candidates. There had been negotiations between MacBride and Brendan Corish, the new Labour Party leader about forming a political alliance but this does not come to fruition.
A special Ard Fheis, held on July 10, 1965, agrees to dissolve Clan na Poblachta.
(Pictured: Sean MacBride, former Chief of staff of the Irish Republican Army and founder of Clann na Poblachta)
Ó Dubhda leaves the local primary school at the age of twelve with only the most basic of an education, but when he goes to work as a delivery boy driving around the roads of North Louth on his horse and cart he always has his O’Growney grammar book at his side, perfecting his knowledge of the Irish language. As a youth he joins the local brass band, where he is taught the cornet, but such is the depth of his intellect and his love for music he is an accomplished violinist, flautist and pianist in a very short time.
From his youth stretching into early manhood Ó Dubhda’s love of the Irish language is evident. He helps found a Gaelic League branch in Dundalk and perfects his use of the language by visiting Gaeltacht areas in the west of Ireland and Omeath. He is awarded a certificate to teach Irish by the Patrick Pearse and is a teacher in St. Mary’s College in Dundalk for over 20 years from 1915.
Ó Dubhda leaves teaching when he is offered his own children’s hour on Radio Éireann, a programme that lasts for over 30 years and through which a generation of Irish youth come to know and love his stories.
Ó Dubhda’s major work is the translation of the entire Douay version of the bible into Irish. The work takes twelve years and involves the deciphering of over three million words. The work is presented to the Irish nation in 1955 and is held in the National Museum of Ireland.
In 1950 Ó Dubhda is presented with the Papal medal, Pro Ecclessia el Pontifice by Pope Pius XII, to mark his 50th year as a member of his St. Malachy’s choir and one of his most prized possessions is a personal letter from Pope John XXIII praising him for his work for the church.
Peadar Ó Dubhda is just a month shy of his 90th birthday when he passes away in the loving care of his nieces in their Park Drive home on May 26, 1971. He is buried in Dundalk and his funeral is attended by PresidentÉamon De Valera.
As Irish immigration to the United States begins to increase in the 18th century many Irish organizations are formed. In the later part of the 1780s, a strong Irish patriot character begins to grow in these organizations and amongst recently arrived Irish immigrants.
In 1858, the IRB is founded in Dublin by James Stephens. In response to the establishment of the IRB in Dublin, a sister organization is founded in New York City, the Fenian Brotherhood, led by John O’Mahony. This arm of Fenian activity in America produces a surge in radicalism among groups of Irish immigrants, many of whom had recently emigrated from Ireland during and after the Great Famine.
In October 1865, the Fenian Philadelphia Congress meets and appoints the Irish Republican Government in the United States. Meanwhile in Ireland, the IRB newspaper The Irish People is raided by the police and the IRB leadership is imprisoned. Another abortive uprising occurs in 1867, but the British remain in control.
After the 1865 crackdown in Ireland, the American organization begins to fracture over what to do next. Made up of veterans of the American Civil War, a Fenian army is formed. While O’Mahony and his supporters want to remain focused on supporting rebellions in Ireland, a competing faction, called the Roberts, or senate wing, wants this Fenian Army to attack British bases in Canada. The resulting Fenian raids strain U.S.–British relations. The level of American support for the Fenian cause begins to diminish as the Fenians are seen as a threat to stability in the region.
After 1867, the Irish Republican Brotherhood headquarters in Manchester chooses to support neither of the existing feuding factions, but instead promotes a renewed Irish republican organization in America, to be named Clan na Gael.
According to John Devoy in 1924, Jerome James Collins founds what is then called the Napper Tandy Club in New York on June 20, 1867, Wolfe Tone‘s birthday. This club expands into others and at one point at a picnic in 1870 is named the Clan na Gael by Sam Cavanagh. This is the same Cavanagh who killed the informer George Clark, who had exposed a Fenian pike-making operation in Dublin to the police.
Collins, who dies in 1881 on the disastrous Jeannette Expedition to the North Pole, is a science editor on the New York Herald, who had left England in 1866 when a plot he was involved in to free the Fenian prisoners at Pentonville Prison was uncovered by the police. Collins believes at the time of the founding in 1867 that the two feuding Fenians branches should patch things up.
The objective of Clan na Gael is to secure an independent Ireland and to assist the Irish Republican Brotherhood in achieving this aim. It becomes the largest single financier of both the Easter Rising and the Irish War of Independence.
Clan na Gael continues to provide support and aid to the Irish Republican Army (IRA) after it is outlawed in Ireland by Éamon de Valera in 1936 but becomes less active in the 1940s and 1950s. However the organization grows in the 1970s. The organization plays a key part in NORAID and is a prominent source of finance and weapons for the Provisional Irish Republican Army during the Troubles in Northern Ireland in 1969–1998.
The Clan na Gael still exists today, much changed from the days of the Catalpa rescue. In 1987 the policy of abstentionism is abandoned. As recently as 1997 another internal split occurs as a result of the IRA shift away from the use of physical force as a result of the 1998 Good Friday Agreement. The two factions are known to insiders as Provisional Clan na Gael (allied to Provisional Sinn Féin/IRA) and Republican Clan na Gael (associated with both Republican Sinn Féin/Continuity IRA and 32 County Sovereignty Movement/Real IRA, though primarily the former). These have been listed as terrorist organizations at various times by the UK Government.
(Pictured: Clan na Gael marching in the 1970 St. Patrick’s Day Parade in Philadelphia, photograph by John Hamilton)
Under Article 12 of the Constitution of Ireland, a candidate for president may be nominated by:
at least twenty of the then 207 serving members of the Houses of the Oireachtas, or
at least four of 31 councils of the administrative counties, including county boroughs, or
themselves, in the case of a former or retiring president.
Outgoing president Seán T. O’Kelly had served two terms, and is ineligible to serve again. On April 27, the Minister for Local Government, Neal Blaney, signs the ministerial order opening nominations, with noon on May 19 as the deadline for nominations, and June 17 set as the date for a contest. All Irish citizens on the Dáil electoral register are eligible to vote.
Patrick McCartan, who had also been a candidate in the 1945 election and had served as a senator for Clann na Poblachta from 1948 to 1951, is nominated by two county councils only, short of the four required for nomination. Eoin O’Mahony also seeks and fails to secure a nomination by county councils.
De Valera wins the popular vote with 538,003 votes (56.3%) to Mac Eoin’s 417,536 votes (43.7%).
Éamon de Valera is inaugurated as the third President of Ireland on June 25, 1959.
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 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 (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.
The United Kingdom declares martial law in Ireland for one month on April 25, 1916, the day after the commencement of the Easter Rising. A curfew is imposed from 8:30 PM until 5:00 AM. Anyone spotted on the streets during the hours of darkness are to be shot on sight. The trams stop running at 7:00 PM and the theatres and cinemas close by 8:00 PM. Those rushing for trams leaving the city centre have to pass through a stop-and-search military cordon.
With vastly superior numbers and artillery, the British army quickly suppresses the Rising and Pearse agrees to an unconditional surrender on Saturday, April, 29, 1916. Most of the leaders are executed following courts-martial, but the Rising succeeds in bringing physical force republicanism back to the forefront of Irish politics. Support for republicanism continues to rise in Ireland in the context of the ongoing war in Europe and the Middle East and revolutions in other countries, and especially as a result of the Conscription Crisis of 1918 and the failure of the British-sponsored Irish Convention.
Clancy graduates in 1904 and finds a position teaching the Irish language at Clongowes Wood College and is active in the Gaelic Athletic Association. Due to ill health he has to return to his home at Grange. In 1908 he comes to Limerick to teach Irish. In 1913 he joins the Irish Volunteers. In 1915 he marries Máire Killeen, a teacher. After the 1916 Easter Rising he is arrested and imprisoned in Cork, but is released before he comes to trial following a hunger strike.
Clancy helps in Éamon de Valera‘s election campaign in East Clare. He nearly dies of Spanish flu during the 1918 epidemic but recovers and, in January 1921, he is elected Sinn Féin Mayor of Limerick.
On the night of March 6, 1921 three Auxiliaries come to Clancy’s house and one of them shoots him, injuring him fatally. His wife is also injured in the attack. The previous Mayor, Michael O’Callaghan, is also murdered on the same night by the same group.
Suspicion immediately falls upon members of the Black and Tans, but a British inquiry into the murder, like most such inquiries through the years, absolve Crown forces of any blame. One of Clancy’s killers is later said to be George Nathan who dies in the Spanish Civil War in July 1937.
The First Amendment of the Constitution Act 1939 amends the Constitution of Ireland to extend the constitutional definition of “time of war” to include a period during which a war occurs without the state itself being a direct participant. It is introduced and signed into law on September 2, 1939, the day after the Invasion of Poland by Germany and allows the government to exercise emergency powers during World War II, known in Ireland as The Emergency, although the state is neutral.
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