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Death of Jonah Barrington, Lawyer, Judge & Politician

Sir Jonah Barrington, KC, Irish lawyer, judge and politician, dies at Versailles, France, on April 8, 1834. He is most notable for his amusing and popular memoirs of life in late 18th-century Ireland, for his opposition to the Act of Union 1800, and for his removal from the judiciary by both Houses of Parliament in 1830, still a unique event.

Barrington is born in 1756 or 1757 in Knapton, Abbeyleix, Queen’s County (now County Laois), the third son of John Barrington, an impoverished Protestant gentleman 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.


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Death of William FitzGerald, 2nd Duke of Leinster

William Robert FitzGerald, 2nd Duke of Leinster, KP, PC (Ire), an Irish liberal politician and landowner, dies at Carton House in Maynooth, County Kildare, on October 20, 1804.

FitzGerald is born on March 13, 1749, in Arlington Place, Piccadilly, London, the second son of nine sons and ten daughters of James Fitzgerald, 20th Earl of Kildare and later 1st Duke of Leinster, and his wife, Lady Emily Lennox. He is educated at Eton College (1758–63). He is the elder brother of the 1790s revolutionary Lord Edward FitzGerald, and is a first cousin of the English liberal politician Charles James Fox.

FitzGerald makes his Grand Tour between 1768 and 1769. During the same time, he is also a Member of Parliament (MP) for Kildare Borough. He then sits in the Irish House of Commons for Dublin City until 1773, when he inherits his father’s title and estates. He is appointed High Sheriff of Kildare for 1772. Politically he is a liberal supporter of Henry Grattan‘s Irish Patriot Party and he co-founds the Irish Whig Club in 1789. He controls about six Kildare members of the Irish House of Commons. In 1779, he is elected colonel of the Dublin Regiment of the Irish Volunteers.

In November 1775, FitzGerald marries Emilia Olivia Usher, daughter of the 1st Baron Saint George and Elizabeth Dominick and sole grand daughter of Sir Christopher Dominick. They have three sons and six daughters.

In 1770, FitzGerald is chosen Grandmaster of the masonic Grand Lodge of Ireland, a post he holds for two years. He is re-elected for another year in 1777. In 1783, he is among the first knights in the newly created Order of St. Patrick.

In 1788–89, FitzGerald is Master of the Rolls in Ireland. In theory a senior judicial office, it is then largely a sinecure, but so blatant a choice of a man who is wholly unqualified for it gives rise to unfavourable comment, and a few years later it becomes the rule that the Master must be a lawyer of repute.

FitzGerald is a supporter of Catholic emancipation and helps to found the Royal College of St. Patrick at Maynooth on land he donates, in 1795. Withdrawing from Parliament with Grattan in 1797, he moves to England to be with his sick wife and remains there during the Irish Rebellion of 1798.

FitzGerald’s homes are at Carton and Kilkea Castle in County Kildare, and at Leinster House in Dublin (now the home of the Oireachtas). He is a founder member of the Order of St. Patrick in 1783 and of the Royal Irish Academy in 1785, and is a large investor in the Royal Canal company launched in 1790. His family’s estates of 60,000 acres (25,000 Ha) in Kildare are in three main parts, around Maynooth, Rathangan and Athy. He rebuilds the main bridge in Athy over the River Barrow.

FitzGerald dies of strangury, a urinary tract disorder, at Carton House on October 20, 1804. He is buried in Kildare Abbey. His funeral is so well attended that the mourners reach across The Curragh. He is succeeded by his second, but eldest surviving, son, Augustus Frederick Fitzgerald, as 3rd Duke of Leinster.


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Death of Charles Kendal Bushe, Lawyer & Judge

Charles Kendal Bushe, Irish lawyer and judge, dies in County Dublin on July 10, 1843. Known as “silver-tongued Bushe” because of his eloquence, he is Solicitor-General for Ireland from 1805 to 1822 and Lord Chief Justice of the King’s Bench for Ireland from 1822 to 1841.

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.

In Dublin, Bushe is a member of Daly’s Club.

Bushe dies in County Dublin on July 10, 1843, and is buried at Mount Jerome Cemetery and Crematorium in Harold’s Cross, County Dublin.


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Birth of John Claudius Beresford, Tory MP and Lord Mayor of Dublin

John Claudius Beresford, Irish Tory Member of the UK Parliament representing Dublin City (1801–04) and County Waterford (1806–11), is born on October 23, 1766. He also serves as Lord Mayor of Dublin (1814-15).

Beresford is educated at Trinity College, Dublin. From 1783, he serves as a storekeeper for the port of Dublin. He is subsequently appointed to a wealthy sinecure post of Inspector-General of Exports and Imports. He is returned by his father, Hon. John Beresford, for the family borough of Swords to the Irish House of Commons in 1790. In 1798 he is returned for Dublin City, helped by his position in the port, and as a partner in a leading Dublin bank and a member of Dublin Corporation.

During the Irish Rebellion of 1798, Beresford leads a yeoman battalion which fights against the rebels with a particular ferocity. He keeps a riding school in Dublin, which acquires an evil reputation as the chief scene of the floggings by which evidence is extorted from the United Irishmen. As such, he becomes identified as one of the leading opponents of the rebellion, and the rebels deliberately burn the banknotes issued by his bank. His reputation for persecuting political opponents survives throughout his political career.

Beresford takes a prominent part in the Irish House of Commons, where he unsuccessfully moves the reduction of the proposed Irish contribution to the imperial exchequer in the debates on the Act of Union. He is to the last an ardent opponent of the union, taking the opposite position to his father. He resigns his post at the port on January 25, 1799, so as not to be tainted by it or by the suggestion that his actions are motivated by a desire to retain it.

Under a provision of the Act of Union 1800 Beresford retains his seat in the 1st Parliament of the United Kingdom (1801–02) without a fresh election, and in the Union Parliament he is a supporter of William Pitt the Younger and later Henry Addington. He has to give up his Irish business interests to play a full part in Parliamentary business. He is re-elected at the 1802 United Kingdom general election, being top of the poll.

On June 3, 1803, Beresford is the only previous supporter of the government to desert them and support a censure motion moved by Peter Patten, making a speech in support which is regarded as “absurd” by the Chief Secretary to the Lord Lieutenant for Ireland. In March 1804, he is appointed to the Irish currency committee, and therefore resigns his seat by accepting the Escheatorship of Ulster, a sinecure office of profit under the Crown.

After the death of his father on November 5, 1805, Beresford returns to Parliament by winning the by-election to replace him as MP for County Waterford. Politically, he allies to a family faction of the Marquess of Waterford, under the leadership of Henry de La Poer Beresford. The faction aims at trying to stop the government from giving power in Ireland to the Ponsonby family. Beresford is the chief spokesman for his group in their meetings with Ministers.

Although expected to go into opposition in 1806, Beresford in fact supports the government, because a run on funds at his bank leaves him in need of government support for credit. His support leads to his re-election at the 1806 United Kingdom general election in a contested election. This is a controversial decision within the government, with the Duke of Bedford admitting that Beresford had been guilty of persecution but believing he is now loyal, while Lord Howick believes it unlikely that he can be relied upon.

Howick turns out to be correct. In 1807 Beresford does not support the government and becomes a supporter of the Duke of Portland before his accession to the premiership later that year. He is unopposed in the 1807 United Kingdom general election. However, he is erratic, and some of his speeches are reckoned as doing more harm than good to the government’s cause. He strongly supports government against the proposal that peace negotiations with France begin in 1809.

In January 1811, Beresford suffers a further severe financial crisis which prevents his attendance at Parliament for some months. In June he resigns his seat through appointment as Escheator of Munster, being succeeded by his kinsman, Major General Sir William Carr Beresford. The next year, he attempts to get a government appointment but is refused as he already has a good pension. He serves as Lord Mayor of Dublin in 1814–15, where he is known for his “princely hospitality,” but thereafter withdraws from public life.

Beresford dies on July 20, 1846, at his house at Glenmoyle, County Londonderry.

(Pictured: Portrait of John Claudius Beresford, seated and wearing the chain of office of the Lord Mayor of Dublin, by William Cuming, August 1814)


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Death of John Hely-Hutchinson, Lawyer & Statesman

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John Hely (later Hely-Hutchinson), Irish lawyer, statesman, and Provost of Trinity College Dublin, dies on September 4, 1794, at Buxton, Derbyshire, England.

Hely is born in 1724 at Gortroe, Mallow, son of Francis Hely, a gentleman of County Cork. He is educated at Trinity College Dublin (BA 1744) and is called to the Irish bar in 1748. He takes the additional name of Hutchinson upon his marriage in 1751 to Christiana Nixon, heiress of her uncle, Richard Hutchinson.

Hely-Hutchinson is elected member of the Irish House of Commons for the borough of Lanesborough in 1759, but from 1761 to 1790 he represents Cork City. He at first attaches himself to the patriotic party in opposition to the government, and although he afterwards joins the administration, he never abandons his advocacy of popular measures.

After a session or two in parliament he is made a privy councillor and prime Serjeant-at-law. From this time, he gives a general, though by no means invariable, support to the government. In 1767 the ministry contemplates an increase of the army establishment in Ireland from 12,000 to 15,000 men, but the Augmentation Bill meets with strenuous opposition, not only from Henry Flood, John Ponsonby and the habitual opponents of the government, but from the Undertakers, or proprietors of boroughs, on whom the government has hitherto relied on to secure them a majority in the House of Commons.

It therefore becomes necessary for Lord Townshend to turn to other methods for procuring support. Early in 1768 an English Act is passed for the increase of the army, and a message from King George III setting forth the necessity for the measure is laid before the House of Commons in Dublin. An address favourable to the government policy is, however, rejected as Hely-Hutchinson, together with the speaker and the attorney general, do their utmost both in public and private to obstruct the bill. Parliament is dissolved in May 1768, and the lord lieutenant sets about the task of purchasing or otherwise securing a majority in the new parliament. Peerages, pensions and places are bestowed lavishly on those whose support could be thus secured. Hely-Hutchinson is won over by the concession that the Irish army should be established by the authority of an Irish act of parliament instead of an English one.

The Augmentation Bill is carried in the session of 1769 by a large majority. Hely-Hutchinson’s support had been so valuable that he receives as reward an addition of £1,000 a year to the salary of his sinecure of alnager, a major’s commission in a cavalry regiment, and a promise of the Secretaryship of State. He is at this time one of the most brilliant debaters in the Irish parliament and is enjoying an exceedingly lucrative practice at the bar. This income, however, together with his well-salaried sinecure, and his place as prime serjeant, he surrenders in 1774 to become provost of Trinity College, although the statute requiring the provost to be in holy orders has to be dispensed with in his favour.

For this great academic position Hely-Hutchinson is in no way qualified and his appointment to it for purely political service to the government is justly criticised with much asperity. His conduct in using his position as provost to secure the parliamentary representation of the university for his eldest son brings him into conflict with Patrick Duigenan, while a similar attempt on behalf of his second son in 1790 leads to his being accused before a select committee of the House of Commons of impropriety as returning officer. But although without scholarship Hely-Hutchinson is an efficient provost, during whose rule material benefits are conferred on Trinity College.

Hely-Hutchinson continues to occupy a prominent place in parliament, where he advocates free trade, the relief of the Catholics from penal legislation, and the reform of parliament. He is one of the very earliest politicians to recognise the soundness of Adam Smith‘s views on trade and he quotes from the Wealth of Nations, adopting some of its principles, in his Commercial Restraints of Ireland, published in 1779, which William Edward Hartpole Lecky pronounces one of the best specimens of political literature produced in Ireland in the latter half of the 18th century.

In the same year, the economic condition of Ireland being the cause of great anxiety, the government solicits from several leading politicians their opinion on the state of the country with suggestions for a remedy. Hely-Hutchinson’s response is a remarkably able state paper, which also shows clear traces of the influence of Adam Smith. The Commercial Restraints, condemned by the authorities as seditious, goes far to restore Hely-Hutchinson’s popularity which has been damaged by his greed of office. Not less enlightened are his views on the Catholic question. In a speech in parliament on Catholic education in 1782 the provost declares that Catholic students are in fact to be found at Trinity College, but that he desires their presence there to be legalised on the largest scale.

In 1777 Hely-Hutchinson becomes Secretary of State. When Henry Grattan in 1782 moves an address to the king containing a declaration of Irish legislative independence, he supports the attorney general’s motion postponing the question. On April 16, however, after the Easter recess, he reads a message from the Lord Lieutenant, the William Cavendish-Bentinck, 3rd Duke of Portland, giving the king’s permission for the House to take the matter into consideration, and he expresses his personal sympathy with the popular cause which Grattan on the same day brings to a triumphant issue. Hely-Hutchinson supports the opposition on the regency question in 1788, and one of his last votes in the House is in favour of parliamentary reform. In 1790 he exchanges the constituency of Cork for that of Taghmon in County Wexford, for which borough he remains member until his death at Buxton, Derbyshire on September 4, 1794.

(Pictured: Portrait, oil on canvas, of John Hely-Hutchinson (1724–1794) by Sir Joshua Reynolds (1723–1792))