seamus dubhghaill

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


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The Registration Act 1704 Comes Into Force

parliament-of-irelandThe Registration Act 1704 (2 Ann c.7; long title An Act for registering the Popish Clergy), an Act of the Parliament of Ireland, comes into force on June 23, 1704 after receiving royal assent on March 4, 1704. It requires all Catholic priests in Ireland to register at their local magistrates‘ court, to pay two £50 bonds to ensure good behaviour, and to stay in the county where they registered.

The act is one of a series of Penal Laws passed after the Williamite War to protect the victorious Protestant Ascendancy from a church seen as loyal to the defeated Jacobites and to foreign powers. Its second section states that if an Irish Catholic priest is converted to the established Church of Ireland, he will receive a £20 stipend, levied on the residents of the area where he had last practised. Unregistered clergy are to depart Ireland before July 20, 1704 and any remaining after June 24, 1705 are to be deported. Any that returned are to be punished as under the Banishment Act of 1697 (as high treason). These are sought out by freelance “priest hunters.”

A 1704 act (4 Anne c.2) amends the Registration Act, Banishment Act and Popery Act, to close a loophole whereby they had not applied to priests ordained after the original act first came into force. The 1704 act, originally set to expire after the 1708–1709 session of Parliament, is made permanent in that session. The Roman Catholic Relief Act 1782 provides that these acts’ provisions cannot apply to a priest who has registered and taken an oath of allegiance. Daniel O’Connell drafts a comprehensive Catholic emancipation bill in the 1820s which would have repealed all these acts; in the event the Roman Catholic Relief Act 1829 is more limited and the acts are not formally repealed until the Statute Law Revision (Ireland) Act 1878 is passed on August 13, 1878.


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The Constitution of Ireland Comes Into Force

constitution-of-ireland-1937The Constitution of Ireland, the second constitution of the Irish state since independence, comes into force on December 29, 1937 following a statewide plebiscite held on July 1, 1937, replacing the 1922 Constitution of the Irish Free State. It asserts the national sovereignty of the Irish people. The constitution falls broadly within the tradition of liberal democracy, being based on a system of representative democracy. It guarantees certain fundamental rights, along with a popularly elected non-executive president, a bicameral parliament based on the Westminster system, a separation of powers and judicial review. The Constitution may be amended solely by a national referendum.

The Constitution of Ireland replaces the Constitution of the Irish Free State which had been in effect since the independence, as a dominion, of the Irish state from the United Kingdom on December 6, 1922. There are two main motivations for replacing the constitution in 1937. Firstly, the Statute of Westminster 1931 grants parliamentary autonomy to the six British Dominions (now known as Commonwealth realms) within a British Commonwealth of Nations. This has the effect of making the dominions sovereign nations in their own right. The Irish Free State constitution of 1922 is, in the eyes of many, associated with the controversial Anglo-Irish Treaty. The anti-treaty faction, who oppose the treaty initially by force of arms, is so opposed to the institutions of the new Irish Free State that it initially takes an abstentionist line toward them, boycotting them altogether. However, the largest element of this faction becomes convinced that abstentionism cannot be maintained forever. This element, led by Éamon de Valera, forms the Fianna Fáil party in 1926, which enters into government following the 1932 Irish general election.

After 1932, under the provisions of the Statute of Westminster, some of the articles of the original Constitution which were required by the Anglo-Irish Treaty are dismantled by acts of the Oireachtas of the Irish Free State. Such amendments remove references to the Oath of Allegiance, appeals to the United Kingdom’s Judicial Committee of the Privy Council, the British Crown and the Governor-General of the Irish Free State. The sudden abdication of Edward VIII in December 1936 is quickly used to redefine the Royal connection. Nevertheless, the Fianna Fáil government still desires to replace the constitutional document they see as having been imposed by the British government in 1922.

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 Gaelic nomenclature.

The text of the draft constitution, with minor amendments, is approved on June 14, 1937 by Dáil Éireann, then the sole house of parliament as the Seanad had been abolished the previous year.

The draft constitution is then put to a plebiscite on July 1, 1937, the same day as the 1937 Irish general election, when it is passed by a plurality of 56% of the voters, comprising 38.6% of the whole electorate. The constitution formally comes into force on December 29, 1937.

Among the groups who oppose the constitution are supporters of Fine Gael and the Labour Party, Unionists, and some independents and feminists. The Seal of the President of Ireland is also adopted in the same year. Ireland does not become a republic until 1948.

(Pictured: Headline from The New York Times, May 1, 1937)


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Birth of Irish Politician Mary MacSwiney

Mary MacSwiney, Irish politician and educationalist, is born in London on March 27, 1872, to an Irish father and English mother. In 1927 she becomes leader of Sinn Féin when Éamon de Valera resigns from the presidency of the party.

MacSwiney returns to Ireland with her family at the age of six and is educated at St. Angela’s School in Cork. At the age of twenty, she obtains a teaching post at a private school in England and studies for a Teaching Diploma at the University of Cambridge, which is normally reserved for men.

Influenced by her younger brother Terence MacSwiney‘s staunch Irish republicanism, MacSwiney joins the Gaelic League and Inghinidhe na hÉireann. She is a founder member of Cumann na mBan when it is formed in 1914 in Cork and becomes a National Vice-President of the organisation. She leads the denunciation of British rule at the Convention of November 1914. In 1916 she is arrested and imprisoned following the Easter Rising and is also dismissed from her teaching position due to her republican activities. Several months later, upon her release from prison, she and her sister Annie re-found Scoil Íte, a sister school to Patrick Pearse‘s St. Enda’s School, and she remains involved with the school for the rest of her life.

MacSwiney supports the Irish War of Independence in 1919–21. After the death of her brother Terence in October 1920 on hunger strike during the height of the war, she is elected for Sinn Féin to the Cork Borough constituency in 1921. She gives evidence in Washington, D.C., before the American Commission on Conditions in Ireland. For nine months she and Terence’s widow, Muriel, tour the United States lecturing and giving interviews.

MacSwiney is active in her friendship with Harry Boland and de Valera, whom she cultivates assiduously. In October 1921, a second delegation is to be sent to London which for the first time includes Michael Collins. MacSwiney, who remains implacably opposed, pleads with de Valera to be allowed to go. She is refused as de Valera thinks her to be “too extreme.” She strongly opposes the Anglo-Irish Treaty, debating during December 1921 to January 1922 to resume the war. On December 21 she speaks for three hours, criticising the agreement from all angles.

MacSwiney is arrested at Nell Ryan’s home, a safe house, at 40 Herbert Park, Ballsbridge, on November 4, 1922, when it is raided by Free State soldiers. She is interned at Mountjoy Gaol and immediately goes on hunger strike. Cumann na mBan organizes vigils outside the prison in protest of Mary’s and the others internment. The Women’s Prisoner’s Defence League is formed in August 1922 to protect their rights. During the hunger strike she refuses doctor’s visits and is resigned to her death. Her condition is critical and she is given the Last Rites by a Catholic priest. The Government is not prepared to allow strikers die so she is released.

En route to Liam Lynch‘s funeral, MacSwiney is again arrested when the car in which she is riding is stopped and she is recognised. She is taken with Kate O’Callaghan to Kilmainham Gaol. Fearless of death, she begins another protest. They continued to be interned without charge, but it is explained she is distributing anti-government propaganda. After nineteen days of hunger strike she is due to be released on April 30, 1923. The Governor allows O’Callaghan to go but stays a decision on MacSwiney. Most of the women on hunger strike are sent to the North Dublin Union.

MacSwiney retains her seat at the 1923 general election and, along with other Sinn Féin members, refuses to enter the Dáil Éireann.

In March 1926 the party holds its Ard Fheis. MacSwiney and Father Michael O’Flanagan lead the section from which Éamon de Valera and Fianna Fáil break away. De Valera has come to believe that abstentionism is not a workable tactic and now sees the need to become the elected government of the Dáil. The conference instructs a joint committee of representatives from the two sections to arrange a basis for co-operation. That day, it issues a statement declaring “the division within our ranks is a division of Republicans.” The next day, de Valera’s motion to accept the Free State Constitution, contingent upon the abolition of the Oath of Allegiance, narrowly fails by a vote of 223 to 218. However, de Valera takes the great majority of Sinn Féin support with him when he founds Fianna Fáil.

MacSwiney continues to maintain a republican position until her death. By then she is vice-president of Sinn Féin and Cumann na mBan but loses her seat at the June 1927 general election. When lack of funds prevent Sinn Féin contesting the second election called that year, MacSwiney declares “no true Irish citizen can vote for any of the other parties.”

Mary MacSwiney dies at her home in Cork on March 8, 1942. Her stance, both before and after the Treaty, may be summed up by her statement, “A rebel is one who opposes lawfully constituted authority and that I have never done.”


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Establishment of the Irish Free State

free-state-executive-councilThe Irish Free State (Irish: Saorstát Éireann), an independent state established under the Anglo-Irish Treaty of December 1921, comes into being on December 6, 1922. The treaty ends the three-year Irish War of Independence between the forces of the self-proclaimed Irish Republic, the Irish Republican Army (IRA), and British Crown forces.

The Free State is established as a Dominion of the British Commonwealth of Nations. For one day, it encompasses all thirty-two counties of Ireland. Northern Ireland, which is comprised of the six northernmost counties, exercises its right under the Treaty to opt out of the new state on December 7.

The Free State government consists of the Governor-General, the representative of the king, and the Executive Council, which replaces both the revolutionary Dáil Government and the Provisional Government set up under the Treaty. W. T. Cosgrave, who had led both of these governments since August 1922, becomes the first President of the Executive Council. The legislature consists of Dáil Éireann, the lower house, and Seanad Éireann, also known as the Senate. Members of the Dáil are required to take an Oath of Allegiance, swearing fidelity to the king. The oath is a key issue for opponents of the Treaty, who refuse to take the oath and therefore do not take their seats. Pro-Treaty members, who form Cumann na nGaedheal in 1923, hold an effective majority in the Dáil from 1922 to 1927, and thereafter rule as a minority government until 1932.

In the first months of the Free State, the Irish Civil War is waged between the newly established National Army and the anti-Treaty IRA, who refuse to recognise the state. The Civil War ends in victory for the government forces, with the anti-Treaty forces dumping its arms in May 1923. The anti-Treaty political party, Sinn Féin, refuses to take its seats in the Dáil, leaving the relatively small Labour Party as the only opposition party. In 1926, when Sinn Féin president Éamon de Valera fails to have this policy reversed, he resigns from Sinn Féin and founds Fianna Fáil. Fianna Fáil enters the Dáil following the 1927 general election, and enters government after the Irish general election of 1932, when it becomes the largest party.

De Valera abolishes the Oath of Allegiance and embarks on an economic war with Britain. In 1937 he drafts a new constitution, which is passed by a referendum in July of that year. The Free State comes to an end with the coming into force of the new constitution on December 29, 1937. Under the new constitution the Irish state is named Ireland.

(Pictured: The Executive Council of the Irish Free State, October 1928)


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The Founding of Fianna Fáil

fianna-failFianna Fáil, the centrist to centre-right and conservative political party in the Republic of Ireland, is founded on March 23, 1926 after a split with Sinn Féin on the issue of abstentionism. Historically, Fianna Fáil has been seen as to the left of Fine Gael and to the right of Sinn Féin and the Labour Party. It is generally seen as a “catch all” populist party, representing a broad range of people from all social classes.

When his motion calling for elected members to be allowed to take their seats in Dáil Éireann if and when the controversial Oath of Allegiance is removed fails to pass at the Sinn Féin Ard Fheis in 1926, Éamon de Valera resigns from the presidency of the party and, with Seán Lemass, Constance Markievicz, and others, forms a new party, Fianna Fáil (The Warriors of Destiny), a party that is to dominate 20th-century Irish politics. The party adopts its name on April 2 of the same year.

Though the new party is also opposed to the Treaty settlement, it adopts a different approach of aiming to make the Irish Free State a republic. Fianna Fáil’s platform of economic autarky has appeal among the farmers, working-class people, and the poor, whilst alienating more affluent classes.

From the formation of the first Fianna Fáil government on March 9, 1932 until the election of 2011, the party is in power for 61 of 79 years. Its longest continuous period in office is 15 years and 11 months (March 1932 – February 1948). Its single longest period out of office in the 20th century, is four years and four months (March 1973 – July 1977). Seven of the party’s eight leaders, including de Valera, serve as Taoiseach.

Fianna Fáil joins the Alliance of Liberals and Democrats for Europe (ALDE) party on April 16, 2009, and the party’s Members of the European Parliament (MEPs) sit in the ALDE Group during the 7th European Parliament term from June 2009 until 1 July 1, 2014. The party is an observer affiliate of the Liberal International.

It is the largest party in the Dáil at every general election from the 1932 general election until the 2011 general election, when it suffers the worst defeat of a sitting government in the history of the Irish state. This loss is described as “historic” in its proportions, and “unthinkable.” The party moves from being the largest party to the third-largest party in the Dáil.