Yelverton is the eldest son of Francis Yelverton of Kanturk, County Cork, and Elizabeth Barry, daughter of Jonas Barry of Kilbrin (now Ballyclogh, County Cork). His father dies when he is only ten. His mother reaches a great age, dying only a year before her son. He goes to school in Charleville and Midleton College, and attends Trinity College Dublin, where he takes a degree of Bachelor of Arts in 1757 and of Bachelor of Laws in 1761. His family lacks wealth and social position and he is for some years an assistant master under Andrew Buck in the Hibernian Academy. This menial occupation is later a source of great embarrassment to him, as his enemies love to ridicule him as “Buck’s usher.”
In 1761, Yelverton marries Mary Nugent, daughter of William Nugent of Clonlost, County Westmeath, and his wife Ursula Aglionby, a lady of some fortune, and is thus enabled to read for the Irish Bar, entering the Middle Temple. He is called to the Bar in 1764. Despite his lack of family connections, his success in his profession is rapid, due to his legal ability, charm and remarkable eloquence, and he takes silk eight years afterward.
Yelverton is elected to the Irish House of Commons as member for Donegal Borough from 1774 to 1776. In the latter year, he is elected for both Belfast and Carrickfergus. He chooses to sit for the latter constituency and represents Carrickfergus until 1784. Although few examples of his oratory survive, all contemporaries agree on his eloquence, which gives him a dominant position in the Commons. He also serves as Recorder of Carrickfergus from 1778 until his death. This is not a Crown appointment as the Recorder is elected by a vote of the entire town corporation.
Yelverton gives his support to Henry Grattan and the Whigs during the greater part of his parliamentary career. He is a strong supporter of the demand for an independent Irish Parliament, but later changes his stance.
Yelverton plays a crucial role in the reforms which are collectively called the Irish Constitution of 1782. In particular he sponsors the Act 21 and 22 of George III, An Act to regulate the manner of passing bills and to prevent delays in summoning of Parliaments – which is popularly known as “Yelverton’s Act.” This radically modifies Poynings’ Law of 1495 by which all legislation to be passed by the Irish Parliament has to be drafted by the Privy Council of Ireland, then sent to the English privy council for approval. Under Yelverton’s Act, the role of the Irish Privy Council is abolished and legislation is commenced in the normal way in the Irish Parliament, which for the last 17 years of its existence enjoys a wide measure of independence.
In his latter days, Yelverton becomes identified with the court party and votes for the Act of Union 1800, for which his viscounty is a reward. For this he is never forgiven by many of his former friends. Sir Jonah Barrington, who continues to regard Yelverton with affection and respect, regrets that this action should have destroyed his reputation forever, but he argues that such a mistake of judgment is understandable in a man who lacks worldly wisdom, and despite his many good qualities, does not have a strong moral sense.
Yelverton becomes Attorney-General for Ireland in 1782, and is elevated to the bench as Lord Chief Baron of the Irish Exchequer in 1783. He is created Baron Yelverton in 1795, and in 1800 Viscount Avonmore in the Peerage of Ireland. As Chief Baron, he leads the opposition to the proposal to increase the number of judges in each of the courts of common law from three to four, on the practical ground that four-judge courts often divide evenly and thus cannot reach an effective decision. Despite this common-sense view, the new judges are eventually appointed.
In 1797, Yelverton attains a degree of infamy for presiding over what is widely regarded as a “show trial” which leads to the execution of the United Irishman, William Orr, although he is said to have shed tears when passing the death sentence on Orr. Orr is charged with administering the United Irish oath to a soldier called Hugh Wheatly. This had recently become a capital offence. In fact, it is generally believed that another man, William McKeever, administered the oath. Wheatly, who is the principal witness for the prosecution, later confesses that he had perjured himself, but despite a superb defence by John Philpot Curran, Orr is found guilty and hanged. Yelverton may have formed an early impression of Orr’s guilt and acted on it – even his admirers admitted that as a judge he lacks impartiality.
Peter Finnerty, a journalist, is later convicted of seditious libel for publishing an attack on Yelverton over his conduct of Orr’s trial and this does nothing to enhance the judge’s reputation.
Yelverton dies on August 19, 1805, at his mansion, Fortfield House, Terenure, County Dublin, which he had built at great expense around 1785. He is buried nearby in Rathfarnham.
From 1546 to 1549, Weston is a principal of Broadgates Hall (afterwards Pembroke College), and at the same time deputy reader in civil law at the university, under Dr. John Story. He is not a clergyman, and his later appointment to two lucrative deaneries greatly troubles his conscience.
On January 12, 1559, Weston is created Dean of the Arches and is a commissioner for administering the oaths required of ecclesiastics under the Act of Uniformity 1558. He is consulted in regard to the Queen’s Commission issued on December 6, 1559, for confirming Matthew Parker as Archbishop of Canterbury and is included in a commission issued on November 8, 1564, to inquire into complaints of piratical depredations committed at sea on the subjects of the King of Spain.
The Lord Deputy of Ireland, Sir Henry Sidney, requests that Weston be nominated for the post of Lord Chancellor of Ireland in succession to Hugh Curwen, Archbishop of Dublin, in April 1566. After a year, on June 10, 1567, Queen Elizabeth I tells Sidney that after good deliberation she has made the “choice for the supply of room of Chancellor by naming thereunnto our trusty well-beloved Doctor Weston, dean of the arches here, a man for his learning and approved integrity thoroughly qualified to receive and possess the same” and “that for some increase of his living whilst he remaineth in our service there she was pleased to give unto him the Deanery of St. Patrick’s, whereof the Bishop of Armagh, Adam Loftus, is now dean and yet to leave it at our order, as we know he will.”
Weston arrives in Dublin early in August and is sworn into office on August 8, 1567. He is conscientious in performing his duties, and greatly respected for his integrity, although ill-health (he is plagued by gout and gallstones) hampers his effectiveness. He is appalled by the laziness and inefficiency of many of the Irish judges and urges Elizabeth I to replace them with Englishmen wherever possible. He is equally shocked at the poverty and ignorance of many of the Protestant clergy in Ireland. His zeal for reform leads him, though a layman, to become an effective leader of the Church of Ireland for a few years. He cooperates with Adam Loftus, now Archbishop of Dublin, in purging the Archdiocese of Dublin of crypto-Catholics, but is opposed to the persecution of the Roman Catholic majority, or any efforts to forcibly convert them.
Weston dies on May 20, 1573, and is buried beneath the altar in St. Patrick’s Cathedral, Dublin, “leaving behind him an excellent character for uprightness, judgment, learning, courtesy, and piety.”
Weston marries Alice Jenyngs, daughter of Richard Jenyngs of Great Barr, Staffordshire. They have a son, John, and three daughters, of whom most of known of Alice, who marries firstly Hugh Brady, Bishop of Meath, by whom she has numerous children including Luke and Nicholas, and secondly Sir Geoffrey Fenton, by whom she is the mother of Catherine, who marries Richard Boyle, 1st Earl of Cork, and of Sir William Fenton.
Troy receives his early education at Liffey Street, Dublin. At the age of sixteen he joins the Dominican Order and proceeds to their house of San Clemente at Rome. Historian Edward D’Alton notes that he is “amenable to discipline, diligent in his studies, and talented.” He makes rapid progress, and while still a student is appointed to give lectures in philosophy. Subsequently, he teaches theology and canon law, and finally becomes prior/rector of the convent in 1772.
When Thomas Burke, the Bishop of Ossory, dies in 1776, the priests of the diocese recommend one of their number, Father Molloy, to Rome for the vacant see, and the recommendation is endorsed by many of the Irish bishops. But Troy, who is held in high esteem at Rome, has already been appointed Bishop of Ossory. He is consecrated at Leuven in June 1777 by the nuncio to Flanders, Archbishop (later Cardinal) Ignazio Busca.
Troy arrives at Kilkenny in August 1777 and for the next nine years he Labour a hard for the spiritual interests of his diocese. Maddened by excessive rents and tithes, and harried by grinding tithe-proctors, farmers have banded themselves together in a secret society called the “Whiteboys,” so called from the white smocks the members wear in their nightly raids. They attack landlords, bailiffs, agents, and tithe-proctors, and often commit fearful outrages. Bishop Troy frequently and sternly denounces them, declaring any who join the secret society to be excommunicated. He has no sympathy with oppression, but he had lived long in Rome, and does not fully appreciate the extent of misery in which the poor Catholic masses live.
Troy is ready to condemn all violent efforts for reform, and has no hesitation in denouncing not only all secret societies in Ireland, but also “our American fellow-subjects, seduced by specious notions of liberty.” This makes him unpopular. He is zealous in correcting abuses in his diocese and in promoting education. So well is this recognized at Rome that in 1781, in consequence of some serious troubles which have arisen between the primate and his clergy, Troy is appointed Administrator of Armagh. He holds this office until 1782.
Upon the death of Archbishop John Carpenter of Dublin in 1786, Troy is appointed to succeed him. At Dublin, as at Ossory, he shows his zeal for religion, his sympathy with authority, and his distrust of popular movements, especially when violent means are employed. Though his circular, issued on March 15, 1792, disavowing the authority of any ecclesiastical power to absolve subjects from their allegiance, is believed to influence the concession in that year of the relaxations embodied in Langrishe’s Act, and the extension of the franchise to Roman Catholics in 1793, he declines to associate himself with John Keogh and other Catholic reformers in their demands for further relief.
In early 1798, the French Directory conquers Rome, and establishes the Roman Republic. Its ally in Ireland, the Society of United Irishmen, starts a rebellion in May 1798. Troy issues a sentence of excommunication against all those of his flock who decide to join the rebellion. In a pastoral read in all the churches, he speaks of the clerical organisers of the rebellion as “vile prevaricators and apostates from religion, loyalty, honour, and decorum, degrading their sacred character, and the most criminal and detestable of rebellious and seditious culprits.” Hus action at this time appears to endanger his life. But the influence he has acquired with the government enables him to moderate the repressive measures taken by the authorities. Believing that Catholic emancipation can never be conceded by the Irish parliament, he is one of the most determined supporters of the Union.
In 1799, Troy agrees to accept the veto of government on the appointment of bishops in Ireland, and even when the other bishops, feeling they have been tricked by Pitt and Castlereagh, repudiate the veto, he continues to favour it. However, in 1809, he recommends Daniel Murray be appointed his coadjutor. Murray is an uncompromising opponent of the veto, and while Troy’s coadjutor, makes trips in 1814 and 1815 to Rome concerning the controversy.
In April 1815, Archbishop Troy lays the foundation of St. Mary’s Pro-Cathedral in Marlborough Street, Dublin, but does not live to see it completed. He dies in Dublin on May 11, 1823, at the age of eighty-four. He dies very poor, leaving scarce sufficient to pay for his burial, and is interred in the unfinished St. Mary’s Pro-Cathedral.
In the administration of his diocese and in his private life, Troy is eminently zealous, pious, and charitable. Although his cordial relations with the government expose him to many suspicions and accusations, there is no ground for questioning the integrity of his motives and conduct, which are inspired by his views of the interest of his church. His distrust of revolutionary tendencies in civil affairs is fully aligned with the policy of the Vatican throughout his career. John D’Alton speaks of Troy as “a truly learned and zealous pastor, … a lover and promoter of the most pure Christian morality, vigilant in the discharge of his duty, and devotedly solicitous not only for the spiritual good of those consigned to his charge, but also for the public quiet of the state.”
Although O’Connell begins calling for repeal in the early 1830s, the formal Association is only established in 1840. Prior to this, candidates supporting repeal contest the 1832 United Kingdom general election and between 1835 and 1841, form an electoral pact with the Whigs. Repealer candidates, unaffiliated with the Whigs also contest the 1841 and 1847 general elections.
Following the movement’s decline in the late 1840s, nationalists, including members of the Young Ireland movement, emerge from its ranks.
Barrington is born in 1756 or 1757 in Knapton, Abbeyleix, Queen’s County (now County Laois), the third son of John Barrington, an impoverished Protestantgentleman landowner in Queens’s County and his wife Sibella French of Peterswell, County Galway. He is raised and schooled by his grandparents in Dublin and enters Trinity College Dublin (TCD) in 1773, aged 16, but leaves TCD without a degree.
Barrington joins the Irish Volunteers and supports the Irish Patriot Party in the early 1780s. His father raises and commands two Corps: the Cullenagh Rangers and the Ballyroan Light Infantry.
Barrington’s elder brother commands both the Kilkenny Horse and the Durrow Light Dragoons. Through his correspondence with General Hunt Walsh, Barrington’s father secures him a commission in Walsh’s regiment. Upon learning that the regiment is to be sent to America to fight in the American Revolution, and fearful of dying on some foreign battlefield, he writes to Walsh asking him to present the commission to another candidate instead, claiming that he himself is too tender to be of any real use. His fears prove well founded when his replacement, the only child of one of Walsh’s friends, is killed in his first engagement.
Barrington is called to the Irish bar in 1788 and in 1789 he marries Catherine, daughter of Dublin mercer, Edward Grogan. They ultimately have seven children. The following year he enters by the purchase of the seat the pre-1801 Parliament of Ireland as MP for Tuam. He accepts a sinecure post in 1793 at the Dublin customhouse worth £1,000 p.a. generally supporting Henry Grattan and he takes silk the same year. He is a member of the Kildare Street Club in Dublin. Appointed an Admiralty court judge in 1798, he re-enters parliament the same year as member for Clogher and votes against the Act of Union in 1799–1800, rejecting John FitzGibbon, 1st Earl of Clare‘s offer of the solicitor-generalship in 1799. In 1802, he unsuccessfully contests a seat for Dublin City in the Parliament of the United Kingdom.
Barrington’s comments on the Act of Union has a continuing resonance with the Young Ireland, Fenian and Irish Parliamentary Party movements, which hope to re-establish “Grattan’s Parliament” in some way. In particular, his Rise and Fall of the Irish Nation (1833) provides the basis for this romantic idealisation of Grattan’s Parliament adopted by the Irish Parliamentary Party from the 1880s.
Appointed an Admiralty court judge in 1798 at a salary of £500, Barrington finds there is little work to be done and his lack of a degree restricts other opportunities to support extravagant tastes. His award of a knighthood in 1807 brings no increased income. His court orders the sale of two derelict vessels and he gives instructions that the proceeds are to go to his own bank account. In 1810 or 1811 he takes his wife and family to England and from that time on his work in Ireland is carried out by surrogates. Still retaining his judgeship and salary, he moves to France in 1814 to escape his creditors and never returns to Ireland.
In 1828, commissioners learn of Barrington’s financial irregularities. He crosses the channel to London and protests that he is innocent but does not answer the charges based on the documentary evidence produced by the commissioners. In 1830, a parliamentary commission recommends that he be removed from office, finding misappropriations of court funds in 1805, 1806 and 1810. Pursuant to a provision of the Act of Settlement 1701, which seeks to protect the independence of the judiciary, both Houses of the Parliament of the United Kingdom vote for an Address to King William IV praying for his removal, and the King duly dismisses Barrington from office. By then, Barrington’s first 1827 volume of memoirs has sold successfully, and they are republished and expanded. He is the first judge removed from office under the Act of Settlement, and to this day, is the only judge in the United Kingdom to be so removed.
According to one of Barrington’s sometimes spurious personal memoirs, on March 20, 1780, he travels to Donnybrook, Dublin, to duel with Richard Daly. Daly has fought 16 duels in three years – three with swords and thirteen with pistols. Remarkably, he, and his opponents, have always escaped serious injury. Barrington has no pistols so he and his second, Richard Crosbie, spend the previous night constructing a pair “from old locks, stocks and barrels.” At Donnybrook, Daly’s second, Jack Patterson, a nephew of the Chief Justice, approaches Crosbie, explains that it is all a mistake and asks that the two shake hands. Barrington is in favour, but Crosbie has none of it. Taking out a duelling handbook, he points to rule No.7 – “No apology can be received after the parties meet, without a fire.”
Taking up their positions, Barrington loses no time in pressing the trigger and Daly staggers back, puts his hand to his chest, and cries, “I’m hit, Sir.” The ball does not penetrate but does drive part of a brooch slightly into his breastbone. Barrington only then thinks to inquire why the duel is even taking place. This time the rule book notes: “If a party challenged accepts the challenge without asking the reason for it, the challenger is never bound to divulge it afterwards.”
Barrington is most notable today for his memoirs which include scathing but humorous thumbnail portraits of contemporary Irish lawyers, judges and politicians during the last years of the Protestant Ascendancy. Personal sketches also includes vignettes on Irish people from every background. His works are reprinted with frequent additions and renamings.
Since his death, Barrington’s work has been quoted by a wide selection of editors, primarily following two themes: the political drama surrounding the Act of Union and the colourful nature of life in 1700s Ireland.
Fitzgibbon is an early and extremely militant opponent of Catholic emancipation. The Earl is possibly the first person to suggest to King George III that granting royal assent to any form of Catholic Emancipation will violate his coronation oath.
FitzGibbon is born in 1748 near Donnybrook, Dublin, the son of John FitzGibbon of Ballysheedy, County Limerick, and his wife Isabella Grove, daughter of John Grove, of Ballyhimmock, County Cork. His father is born a Catholic but converts to the state religion in order to become a lawyer, and amasses a large fortune. He has three sisters, Arabella, Elizabeth, and Eleanor.
When appointed Lord Chancellor for Ireland in 1789, FitzGibbon is granted his first peerage as Baron FitzGibbon, of Connello Lower in County Limerick, in the peerage of Ireland that year. This does not entitle him to a seat in the British House of Lords, only in the Irish House of Lords. His later promotions come mostly in the peerage of Ireland, being advanced to a Viscountcy (1793) and the Earldom of Clare in 1795. He finally achieves a seat in the British House of Lords in 1799 when created Baron FitzGibbon, of Sidbury in the County of Devon, in the Peerage of Great Britain.
FitzGibbon is a renowned champion of the Protestant Ascendancy and an opponent of Catholic emancipation. He despises the Parliament of Ireland‘s popular independent Constitution of 1782. He is also personally and politically opposed to the Irish politician Henry Grattan who urges a moderate course in the Irish Parliament, and is responsible for defeating Grattan’s efforts to reform the Irish land tithe system (1787–1789) under which Irish Catholic farmers (and all non-Anglican farmers) are forced to financially support the minority Anglican Church of Ireland. These are not fully repealed until 1869 when the Church of Ireland is finally disestablished, although Irish tithes are commuted after the Tithe War (1831–1836).
FitzGibbon opposes the Irish Roman Catholic Relief Act 1793, for which, in a “magnificently controlled vituperation in vigorous, colloquial heroic couplets,” The Gibbonade, he is pilloried by the satirist Henrietta Battier. But acceding to pressure exerted through the Irish executive by government of William Pitt in London, intent, in advance of war with the new French Republic, to placate Catholic opinion, he is persuaded to recommend its acceptance in the Irish House of Lords. Pitt, and King George III, who had been petitioned by delegates from the Catholic Committee in Dublin, expects Ireland to follow the British Roman Catholic Relief Act 1791 and admit Catholics to the parliamentary franchise (although not to Parliament itself), enter the professions and assume public office.
FitzGibbon’s role in the recall, soon after his arrival, of the popular pro-Emancipation Lord Lieutenant of Ireland, William Fitzwilliam, 4th Earl Fitzwilliam, is debatable. Although he is probably politically opposed to the Lord Lieutenant of Ireland, Fitzwilliam is recalled, apparently due to his own independent actions. Fitzwilliam is known to be friendly to the Ponsonby family (he is married to one of their daughters), and is generally a Foxite liberal Whig. His close association with and patronage of Irish Whigs led by Grattan and Ponsonby during his short tenure, along with his alleged support of an immediate effort to secure Catholic emancipation in a manner not authorized by the British cabinet is probably what leads to his recall. Thus, if any is to blame in the short-lived “Fitzwilliam episode” it is the great Irish politician Henry Grattan and the Ponsonby brothers – presumably William Ponsonby, later Lord Imokilly, and his brother John Ponsonby—not to mention Lord Fitzwilliam himself. Irish Catholics at the time and later naturally see things very differently and blame hardline Protestants such as FitzGibbon.
Irish Catholics and FitzGibbon agree on one point apparently – Irish political and economic union with Great Britain, which eventually takes place in 1801. Pitt wants Union with Ireland concomitantly with Catholic emancipation, commutation of tithes, and the endowment of the Irish Catholic priesthood. Union is opposed by most hardline Irish Protestants, as well as liberals such as Grattan. FitzGibbon has been a strong supporter of the Union since 1793 but refuses to have Catholic emancipation with the Union.
In a speech to the Irish House of Lords on February 10, 1800, FitzGibbon elucidates his point of view on union: “I hope and feel as becomes a true Irishman, for the dignity and independence of my country, and therefore I would elevate her to her proper station, in the rank of civilised nations. I wish to advance her from the degraded post of mercenary province, to the proud station of an integral and governing member of the greatest empire in the world.”
In the end, FitzGibbon’s views win out, leading to the Union of Ireland with Great Britain to form the United Kingdom of Great Britain and Ireland without any concessions for Ireland’s Catholic majority (or for that matter, Catholics in the rest of the new United Kingdom). He later claims that he had been duped by the way in which the Act was passed with the new Viceroy Charles Cornwallis, 1st Marquess Cornwallis, promising reforms to Irish Catholics, and is bitterly opposed to any concessions during the short remainder of his life.
The role of the Earl of Clare (as FitzGibbon becomes in 1795) as Lord Chancellor of Ireland during the period of the Irish Rebellion of 1798 is questionable. According to some, he supports a hardline policy which uses torture, murder and massacre to crush the rebellion, or that as Lord Chancellor, he has considerable influence on military affairs, and that martial law cannot be imposed without his consent. Others allege that as Lord Chancellor, he has no say in military affairs and the Encyclopædia Britannica states that he is “neither cruel nor immoderate and was inclined to mercy when dealing with individuals.” However, the same source also states that “(FitzGibbon)… was a powerful supporter of a repressive policy toward Irish Catholics”. His former side is displayed by sparing the lives of the captured United Irish leaders, “State prisoners,” in return for their confession of complicity and provision of information relating to the planning of the rebellion. However, this willingness of the prisoners to partake of the agreement is spurred by the execution of the brothers John and Henry Sheares on July 14, 1798.
In contrast to the leniency shown to the largely upper-class leadership, the full weight of military repression is inflicted upon the common people throughout the years 1797–98 with untold thousands suffering imprisonment, torture, transportation and death. FitzGibbon is inclined to show no mercy to unrepentant rebels and, in October 1798, he expresses his disgust upon the capture of Wolfe Tone that he has been granted a trial, and his belief that Tone should be hanged as soon as he set foot on land.
FitzGibbon is quick to recognise that sectarianism is a useful ally to divide the rebels and prevent the United Irishmen from achieving their goal of uniting Protestant, Catholic and Dissenter, writing in June 1798, “In the North nothing will keep the rebels quiet but the conviction that where treason has broken out the rebellion is merely popish.”
Another anecdote is to the effect of FitzGibbon’s callousness. Supposedly, upon being informed during a debate in the Irish Parliament that innocent as well as guilty are suffering atrocities during the repression, he replies, “Well suppose it were so…,” his callous reply purportedly shocking William Pitt.
FitzGibbon is noted by some as a good, improving landlord to both his Protestant and Catholic tenants. Some claim that the tenants of his Mountshannon estate call him “Black Jack” FitzGibbon. There is, however, no evidence to support this claim, although there is little to no evidence on his dealings as a landlord. Irish nationalists and others point out that while he might be interested in the welfare of his own tenants on his own estate, he treats other Irish Catholics very differently. Without further evidence, his role as a Protestant landowner in mainly Catholic Ireland is of little importance against his known dealings as Lord Chancellor.
FitzGibbon dies at home, 6 Ely Place near St. Stephen’s Green, Dublin, on January 28, 1802, and is buried in St. Peter’s Churchyard. A hero to Protestant hardliners, but despised by the majority Catholic population, his funeral cortege is the cause of a riot and, according to a widespread story, a number of dead cats are thrown at his coffin as it departs Ely Place.
In 1849, O’Donoghue, together with William Smith O’Brien, Terence MacManus, Thomas Francis Meagher and many others, are on board the prisoner transport ship The Swift for a six-month, 14,000-mile journey under difficult conditions on which some fellow prisoners do not survive.
On January 26, 1850, “Using materials he had begged and borrowed” as one account gives it, O’Donoghue starts publishing in Hobart a weekly newspaper named The Irish Exile, aimed mainly at fellow Irish prisoners and deportees and considered to be the first Irish Nationalist paper to be published in Australia.
The paper features Irish ballads and poetry, articles about Irish history, and a regular column by John Martin reporting on the situation of the Repeal Movement, a campaign to repeal the Acts of Union 1800 under which the Irish Parliament had been abolished. There is also local news of the Irish deportee community, then numbering in the thousands, and of Hobart daily life in general.
O’Donoghue uses The Irish Exile to publish excerpts of his journal aboard The Swift, which are reprinted in Australian, British and Irish newspapers. Brisbane‘s The Moreton Bay Courier, reprinted from Dublin’s The Nation, finds that the journal “will show how severely the tyrannical government of England visited the offences of the Ballingarry cabbage-tree heroes. The studies of Messrs. O’Brien, Meagher (afterwards O’), and O’Donoghoe, will amuse the reader”. While in Van Diemen’s Land, The Examiner, the daily newspaper of Launceston, Tasmania, reprints London‘s The Examiner‘s view that “a singularly large amount of mercy has been shown to those grown-up children who made the escapade from Dublin to raise the standard of Irish rebellion at Ballingarry. One of the worthies, Mr. Patrick O’Donoghue, has published an account of his deportation; and certainly a more pleasureable [sic] voyage could not have been under taken at the expanse of government. A roomy cabin, a capital library, a fair dinner, with a couple of glasses of wine, and cigars upon deck, from the dietary and the entertainment of the political exiles.”
Publication of the paper is not in itself illegal, but is highly displeasing to the Governor, Sir William Denison, who finds that the paper can be suppressed by arresting O’Donoghue and charging him with having “left his allocated district.” He is sentenced to one year’s work in a chain gang – a time spent at hard labour, living in a convict station and wearing a convict uniform, mainly in the company of non-political prisoners such as “rapists, muggers and thieves.”
In March 1851, O’Donoghue is released and taken back to Hobart. Undeterred, he immediately restarts his paper, prominently featuring an extensive personal account of his year with the chain gang. The governor reacts by sending him again to a chain gang, at a more distant location this time – the Cascades Penal Station. Three months later the governor orders him released from there and sent to Launceston.
On the way there, O’Donoghue succeeds in escaping from his guards with the help of fellow-prisoners, who manage to smuggle him on board the ship Yarra Yara, on its way to Melbourne. There, he successfully hides from the British authorities and, with further help from Irish sympathisers, manages to get to San Francisco, where some of his fellows such as MacManus and Meagher have also ended up.
O’Donoghue dies in New York City on January 22, 1854, shortly before the arrival of his wife on a ship from Ireland. The time spent in the chain gang may have contributed to undermining his health. The other escaped state prisoners do not attend his funeral, although Michael Doheny and Michael Cavanagh, fellow Young Irelanders who are living in New York City at the time, are in attendance.
The local Sinn Féin branch in Carlow is named after O’Donoghue.
Sir Henry Sidney, English soldier, politician and Lord Deputy of Ireland from 1565 to 1571 and from 1575 to 1578, is born on July 20, 1529, probably in London. He cautiously implements Queen Elizabeth I’s policy of imposing English laws and customs on the Irish.
Sidney is the eldest son of Sir William Sidney of Penshurst, England and Anne Pakenham. William Sidney is a prominent politician and courtier during the reigns of Henry VIII and Edward VI, from both of whom he receives extensive grants of land, including the manor of Penshurst in Kent, which becomes the principal residence of the family.
Sidney is brought up at court as the companion of Prince Edward, afterward King Edward VI, and continues to enjoy the favour of the Crown, serving under Mary I of England and then, particularly, throughout the reign of Queen Elizabeth I. He is instrumental in the Elizabethan conquest of Ireland, serving as Lord Deputy three times. His career is controversial both at home and in Ireland.
Appointed Lord Deputy by Elizabeth in 1565, Sidney faces a major rebellion in Ulster led by the powerful chieftain Shane O’Neill. Failing to subdue O’Neill by force, he intrigues against him with his enemies, the O’Donnells of Tyrconnell and the MacDonnells of Antrim. Finally, O’Neill is assassinated by the MacDonnells in 1567. Nevertheless, Sidney is still not strong enough to destroy completely the power of Ulster’s native chieftains. He does, however, persuade a number of Irish chiefs to submit to Elizabeth’s authority, and he establishes English presidents of Munster and Connacht to control the chiefs. In addition, by refraining from introducing anti-Roman Catholic legislation in the Parliament of Ireland of 1569–71, he makes possible the containment and ultimate defeat in 1573 of a rebellion of Munster Catholics led by James FitzMaurice FitzGerald.
Resenting the Queen’s failure to provide him with an adequate military force, Sidney resigns in 1571, but is reappointed Lord Deputy four years later. His arbitrary taxation arouses popular resentment and leads to his recall in 1578. Thereafter he serves only as president of the Council of Wales and the Marches, living chiefly at Ludlow Castle for the remainder of his life, dying there at the age of 56 on May 5, 1586.
Bushe is born at Kilmurry House, near Thomastown, County Kilkenny, the only son of the Reverend Thomas Bushe, rector of Mitchelstown, and his wife Katherine Doyle, daughter of Charles Doyle of Bramblestown, near Gowran. Kilmurry House had been built by the Bushe family in the 1690s. His father is forced to sell it to pay his debts, but he is able to repurchase it in 1814. He goes to the celebrated Quaker academy, Shackleton’s School in Ballitore, County Kildare, then graduates from Trinity College Dublin (TCD), where his eloquence makes him a star of the College Historical Society. He is called to the Bar in 1790.
Bushe is a member of the Irish Parliament for Callan from 1796 to 1799, and for Donegal Borough from 1799 to 1800. He is Escheator of Leinster in 1799. By this time the office is a sinecure. He is vehemently opposed to the Acts of Union 1800, referring emotionally to Britain’s subjection of Ireland as “six hundred years of uniform oppression and injustice,” a phrase which quickly became a proverb. Although he refuses an offer of a place on the Bench as a bribe for supporting the Union, cynics note that his staunch opposition to the Union does not prevent him accepting high office under the British Crown afterwards. He is appointed Solicitor-General for Ireland in 1805 and holds the office for 17 years until in 1822 he is appointed Lord Chief Justice of the King’s Bench for Ireland, although only after William Saurin, the equally long-serving Attorney-General, refuses the position. He retire in 1841.
As an advocate “silver-tongued Bushe” is legendary for his eloquence, and as a politician, he is admired by his English contemporaries like Sir Robert Peel and Lord Brougham. As a judge, according to F. Elrington Ball, he does not live up to expectations, although, if not an outstanding judge, he is an impressive and dignified one. As a statesman he is often accused of double-dealing: having opposed the Acts of Union, he has few scruples about accepting office under the new regime; and while himself supporting Catholic Emancipation, he prosecutes members of the Catholic Association for sedition, merely for advocating the same cause.
Two acts are passed in 1800 with the same long title: An Act for the Union of Great Britain and Ireland. The short title of the act of the British Parliament is Union with Ireland Act 1800, assigned by the Short Titles Act 1896. The short title of the act of the Irish Parliament is Act of Union (Ireland) 1800, assigned by a 1951 act of the Parliament of Northern Ireland, and hence not effective in the Republic of Ireland, where it was referred to by its long title when repealed in 1962.
Before these acts, Ireland has been in personal union with England since 1542, when the Irish Parliament passes the Crown of Ireland Act 1542, proclaiming King Henry VIII of England to be King of Ireland. Since the 12th century, the King of England has been technical overlord of the Lordship of Ireland, a papal possession. Both the Kingdoms of Ireland and England later come into personal union with that of Scotland upon the Union of the Crowns in 1603.
In 1707, the Kingdom of England and the Kingdom of Scotland are united into a single kingdom: the Kingdom of Great Britain. Upon that union, each House of the Parliament of Ireland passes a congratulatory address to Queen Anne, praying her: “May God put it in your royal heart to add greater strength and lustre to your crown, by a still more comprehensive Union.” The Irish Parliament is both before then subject to certain restrictions that made it subordinate to the Parliament of England and after then, to the Parliament of Great Britain; however, Ireland gains effective legislative independence from Great Britain through the Constitution of 1782.
By this time access to institutional power in Ireland is restricted to a small minority: the Anglo-Irish of the Protestant Ascendancy. Frustration at the lack of reform among the Catholic majority eventually leads, along with other reasons, to a rebellion in 1798, involving a French invasion of Ireland and the seeking of complete independence from Great Britain. This rebellion is crushed with much bloodshed, and the motion for union is motivated at least in part by the belief that the union will alleviate the political rancour that led to the rebellion. The rebellion is felt to have been exacerbated as much by brutally reactionary loyalists as by United Irishmen (anti-unionists).
Furthermore, Catholic emancipation is being discussed in Great Britain, and fears that a newly enfranchised Catholic majority will drastically change the character of the Irish government and parliament also contributes to a desire from London to merge the Parliaments.
According to historian James Stafford, an Enlightenment critique of Empire in Ireland lays the intellectual foundations for the Acts of Union. He writes that Enlightenment thinkers connected “the exclusion of the Irish Kingdom from free participation in imperial and European trade with the exclusion of its Catholic subjects, under the terms of the ‘Penal Laws’, from the benefits of property and political representation.” These critiques are used to justify a parliamentary union between Britain and Ireland.
Complementary acts are enacted by the Parliament of Great Britain and the Parliament of Ireland.
The Parliament of Ireland gains a large measure of legislative independence under the Constitution of 1782. Many members of the Irish Parliament jealously guard that autonomy (notably Henry Grattan), and a motion for union is legally rejected in 1799. Only Anglicans are permitted to become members of the Parliament of Ireland though the great majority of the Irish population are Roman Catholic, with many Presbyterians in Ulster. Under the Roman Catholic Relief Act 1793, Roman Catholics regain the right to vote if they own or rent property worth £2 annually. Wealthy Catholics are strongly in favour of union in the hope for rapid religious emancipation and the right to sit as MPs, which only comes to pass under the Roman Catholic Relief Act 1829.
From the perspective of Great Britain’s elites, the union is desirable because of the uncertainty that follows the French Revolution of 1789 and the Irish Rebellion of 1798. If Ireland adopts Catholic emancipation willingly or not, a Roman Catholic Parliament could break away from Britain and ally with the French, but the same measure within the United Kingdom would exclude that possibility. Also, in creating a regency during King George III‘s “madness”, the Irish and British Parliaments give the Prince Regent different powers. These considerations lead Great Britain to decide to attempt the merger of both kingdoms and Parliaments.
The final passage of the Act in the Irish House of Commons turns on an about 16% relative majority, garnering 58% of the votes, and similar in the Irish House of Lords, in part per contemporary accounts through bribery with the awarding of peerages and honours to critics to get votes. The first attempt is defeated in the Irish House of Commons by 109 votes to 104, but the second vote in 1800 passes by 158 to 115.
seamus dubhghaill 