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Death of Jonathan Christian, Irish Judge

Jonathan Christian, SL, QC, PC (I), Irish judge, dies in Dublin on October 29, 1887. He serves as Solicitor-General for Ireland from 1856 to 1858. He is a judge of the Court of Common Pleas (Ireland) from 1858 to 1867 when he is appointed Lord Justice of Appeal in Chancery. On the creation of the new Irish Court of Appeal in 1878, he serves briefly on that Court, but retires after a few months.

Christian is considered one of the best Irish lawyers of his time, but as a judge, he regularly courts controversy. His bitter and sarcastic temper and open contempt for most of his colleagues leads to frequent clashes both in Court and in the Press. Though he is rebuked for misconduct several times by the House of Commons, no serious thought is given to removing him from office.

Christian is born in Carrick-on-Suir, County Tipperary, the third son of George Christian, a solicitor, and his wife Margaret Cormack. He is educated at the Trinity College Dublin, enters Gray’s Inn in 1831 and is called to the Irish Bar in 1834. He marries Mary Thomas in 1859 and they have four sons and four daughters. He lives at Ravenswell, Bray, County Wicklow.

Christian’s early years at the Bar are not successful, and he admits to being near to despair at times about his prospects. His practice lays in the Court of Chancery, with procedures that are extremely complex and he finds at first almost unintelligible. Gradually he masters the intricacies of Chancery practice becoming a leader of the Bar, and took silk in 1841. It is said that his expertise in Chancery procedures leave even the Lord Chancellor himself quite unable to argue with him.

Christian is appointed Law Adviser to the Lord Lieutenant of Ireland, an influential post which involves assisting the Attorney-General and Solicitor-General in advising the Crown in 1850, but resigns after only a few months on the grounds that it interferes with his private practice. He is appointed Third Sergeant later the same year but resigns in 1855, allegedly because he is disappointed at not receiving further promotion. Promotion does in time come his way. He is appointed Solicitor-General the following year and a judge of the Court of Common Pleas in 1858. He is unusual in having no strong political loyalty; it is said that his political allegiance is known only to himself.

As a judge of the Court of Common Pleas, Christian gets on well with his colleagues, and any dissenting judgements he writes are short and courteous. It is after his appointment as a Lord Justice of Appeal in Chancery in 1867 that his behaviour begins to attract unfavourable comment, as he goes out of his way to court controversy on a wide variety of topics.

His criticisms of legal rulings and arguments are invariably delivered in the form of a personal attack. Such exchanges are frequently continued through the letters page of The Times. Conservative in politics, he objects to the appointment of Thomas O’Hagan as Lord Chancellor in December 1868, dismissing him as a liberal “political necessity.” He goes to great lengths to point out legal flaws in the Landlord and Tenant (Ireland) Act 187, to the great annoyance of the Prime Minister, William Ewart Gladstone. His final public diatribe comes in 1877 when he launches an attack on the quality of law reporting, dismissing the contents of the Irish Reports as “a mass of utterly worthless rubbish.” He is vilified in the legal press and is the subject of cartoons in Dublin satirical journals. Pleading deafness, he retires in December 1878.

Christian dies on October 29, 1887, at his Dublin residence, 53 Merrion Square, and is buried in Dean’s Grange Cemetery, Deansgrange, County Dublin. In his will, approved in Dublin on December 3, 1887, he leaves an estate worth over £70,000. There is a fine portrait by Frank Reynolds in the dining hall of the Honourable Society of King’s Inns, Dublin.


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Birth of Éamon de Valera, Third President of Ireland

Éamon de Valera, Irish politician and patriot, is born George de Valero on October 14, 1882, in Lennox Hill, a neighborhood on the Upper East Side of Manhattan in New York City. He serves as Taoiseach (1932–48, 1951–54, 1957–59) and President of Ireland (1959–73). An active revolutionary from 1913, he becomes president of Sinn Féin in 1917 and founds the Fianna Fáil party in 1926. In 1937, he makes his country a sovereign state, renamed Ireland, or Éire. His academic attainments also inspire wide respect. He becomes chancellor of the National University of Ireland in 1921.

De Valera is the son of Catherine Coll, who is originally from Bruree, County Limerick, and Juan Vivion de Valera, described on the birth certificate as a Spanish artist born in 1853. His father dies when he is two years old. He Is then sent to his mother’s family in County Limerick, and studies at the local national school and at Blackrock College, Dublin. He graduates from the Royal University of Ireland and becomes a teacher of mathematics and an ardent supporter of the Irish language revival. In 1913, he joins the Irish Volunteers, which had been organized to resist opposition to Home Rule for Ireland.

In the 1916 Easter Rising in Dublin, de Valera commands an occupied building and is the last commander to surrender. Because of his American birth, he escapes execution by the British but is sentenced to penal servitude. Released in 1917 but arrested again and deported in May 1918 to England, where he is imprisoned, he is acclaimed by the Irish as the chief survivor of the uprising and in October 1917 is elected president of the Irish republican and democratic socialist Sinn Féin political party, which wins three-fourths of all the Irish constituencies in December 1918.

After a dramatic escape from HM Prison Lincoln in February 1919, de Valera goes in disguise to the United States, where he collects funds. He returns to Ireland before the Irish War of Independence ends with the truce that takes effect on July 11, 1921, and appoints plenipotentiaries to negotiate in London. He repudiates the Anglo-Irish Treaty of December 6, 1921, that they signed to form the Irish Free State, however, primarily because it imposes an oath of allegiance to the British crown.

After Dáil Éireann ratifies the treaty by a small majority in 1922, de Valera supports the republican resistance in the ensuing Irish Civil War. W. T. Cosgrave’s Irish Free State ministry imprisons him, but he is released in 1924 and then organizes a republican opposition party that does not sit in Dáil Éireann. In 1927, however, he persuades his followers to sign the oath of allegiance as “an empty political formula,” and his new Fianna Fáil (“Soldiers of Destiny”) party then enters the Dáil, demanding abolition of the oath of allegiance, of the governor-general, of the Seanad Éireann (senate) as then constituted, and of land-purchase annuities payable to Great Britain. The Cosgrave ministry is defeated by Fianna Fáil in 1932, and de Valera, as head of the new ministry, embarks quickly on severing connections with Great Britain. He withholds payment of the land annuities, and an “economic war” results. Increasing retaliation by both sides enables de Valera to develop his program of austere national self-sufficiency in an Irish-speaking Ireland while building up industries behind protective tariffs. In the new Constitution of Ireland, ratified by referendum in 1937, the Irish Free State becomes Ireland, a sovereign, independent democracy tenuously linked with the British Commonwealth (under the Executive Authority (External Relations) Act 1936) only for purposes of diplomatic representation.

De Valera’s prestige is enhanced by his success as president of the council of the League of Nations in 1932 and of its assembly in 1938. He also enters negotiations with British Prime Minister Neville Chamberlain in which he guarantees that he will never allow Ireland to be used as a base for attacking Britain in the event of war. This culminates in the Anglo-Irish defense agreement of April 1938, whereby Britain relinquishes the naval bases of Cobh, Berehaven, and Lough Swilly (retained in a defense annex to the 1921 treaty), and in complementary finance and trade treaties that end the economic war. This makes possible de Valera’s proclamation in September 1939, upon the outbreak of World War II, that Ireland will remain neutral and will resist attack from any quarter. In secret, however, de Valera also authorizes significant military and intelligence assistance to both the British and the Americans throughout the war. He realizes that a German victory will imperil Ireland’s independence, of which neutrality is the ultimate expression. By avoiding the burdens and destruction of the war, de Valera achieves a relative prosperity for Ireland in comparison with the war-torn countries of Europe, and he retains office in subsequent elections.

In 1948, a reaction against the long monopoly of power and patronage held by de Valera’s party enables the opposition, with the help of smaller parties, to form an interparty government under John A. Costello. Ironically, this precarious coalition collapses within three years after Ireland becomes a republic by means of the repeal of the Executive Authority (External Relations) Act 1936 and the severance of all ties with the British Commonwealth, an act de Valera had avoided. De Valera resumes office until 1954, when he appeals unsuccessfully for a fresh mandate, and Costello forms his second interparty ministry. No clearly defined difference now exists between the opposing parties in face of rising prices, continued emigration, and a backward agriculture. De Valera claims, however, that a strong single-party government is indispensable and that all coalitions must be weak and insecure. On this plea he obtains, in March 1957, the overall majority that he demands.

In 1959, de Valera agrees to stand as a candidate for the presidency. He resigns his position as Taoiseach and leader of the Fianna Fáil party. In June he is elected president, and is reelected in 1966. He retires to a nursing home near Dublin in 1973 and dies there on August 29, 1975.

De Valera’s career spans the dramatic period of Ireland’s modern cultural and national revolution. As an anticolonial leader, a skillful constitutionalist, and a symbol of national liberation, he dominates Ireland in the half century following the country’s independence.

(From: “Éamon de Valera, president of Ireland,” Encyclopedia Britannica, http://www.britannica.com, last updated August 14, 2025)


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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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Henry Barry, 4th Baron Barry of Santry, Tried for Murder

On April 27, 1739, Henry Barry, 4th Baron Barry of Santry, is tried by his peers in the Irish House of Lords for the murder of Laughlin Murphy in August 1738. They unanimously find him guilty but recommend him to the royal mercy. The Lord Lieutenant, William Cavendish, 3rd Duke of Devonshire, endorses this plea, and Barry is pardoned under the great seal on June 17. His estates, which had been forfeited for life, are restored in 1741.

Barry is born in Dublin on September 3, 1710, the only son of Henry Barry, 3rd Baron Barry of Santry, and Bridget Domvile, daughter of Sir Thomas Domvile, 1st Baronet, of Templeogue, and his first wife (and cousin) Elizabeth Lake, daughter of Sir Lancelot Lake. He succeeds to the title in 1735 and takes his seat in the Irish House of Lords.

Barry seems to be an extreme example of an eighteenth-century rake, a man of quarrelsome and violent nature, and a heavy drinker. He is a member of the notorious Dublin Hellfire Club. The club’s reputation never fully recovers from the sensational publicity surrounding his trial for murder, although there is no reason to think that any of his fellow members knew of or condoned the crime. There are widespread rumours that he had committed at least one previous murder which was successfully hushed up, although there seems to be no firm evidence for this.

On August 9, 1738, Barry is drinking with some friends at a tavern in Palmerstown, then a small village near Dublin. Drinking more heavily than usual, he attacks a drinking companion but is unable to draw his sword. Enraged, he runs to the kitchen, where he chances to meet Laughlin Murphy, the tavern porter, and for no known reason runs him through with his sword. He then bribes the innkeeper to let him escape. Murphy is taken to Dublin where he lingers for several weeks, dying on September 25, 1738.

Although Barry is not immediately apprehended, there is no reason to believe that the Crown intends that he should escape justice. The authorities clearly aim not only to prosecute him but to secure a conviction. Even in an age when the aristocracy enjoys special privileges, the murder of Murphy, who by all accounts was an honest and hardworking man with a wife and young family to support, shocks public opinion, whereas Barry is regarded, even among members of his own class, as a public nuisance. In due course, he is arrested and indicted for murder. He demands, as the privilege of peerage, a trial by his peers. The trial, which takes place in the Irish Houses of Parliament on April 27, 1739, arouses immense public interest.

Thomas Wyndham, the Lord Chancellor of Ireland, presides in his office Lord High Steward of Ireland, with 23 peers sitting as judges. The Attorney-General for Ireland, Robert Jocelyn, and the Solicitor-General for Ireland, John Bowes, lead for the prosecution.

Bowes dominates the proceedings, and his speeches make his reputation as an orator. Thomas Rundle, Bishop of Derry, who as a spiritual peer is only an observer at the trial, says, “I never heard, never read, so perfect a piece of eloquence…the strength and light of his reason, the fairness and candour.” The Bishop is scathing about the quality of counsel for the defence, describing the performance of Barry’s counsel as “detestable.” The defence case is that Murphy had died not from his wound but from a long-standing illness (or alternatively a rat bite), but in view of the medical evidence produced by the prosecution this is a hopeless argument. According to Bishop Rundle, Barry’s counsel fails even to mention the possibility that Murphy, who lingered for six weeks after being stabbed, might have died through inadequate medical care. Given the overwhelming evidence of Barry’s guilt, however, any defence would probably have been useless, and despite what is described as their “looks of horror,” his peers have little difficulty in finding him guilty. Wyndham, who had conducted the trial with exemplary fairness, pronounces the death sentence. His retirement soon afterward is generally thought to be due to the strain of the trial.

King George II, like all British monarchs, has the prerogative of mercy, and a campaign is launched by Barry’s friends and relatives to persuade the King to grant a pardon. Their plea concentrates on the victim’s low social standing, the implication being that the life of a peer is worth more than that of a tavern worker, despite the victim’s blameless character and the savage and wanton nature of the murder. The King proves reluctant to grant a pardon, and for a time it seems that Barry will be executed, but in due course, a reprieve is issued. Popular legend has it that his uncle, Sir Compton Domvile, through whose estate at Templeogue the River Dodder flows, secured a royal pardon for his nephew by threatening to divert the course of the river, thus depriving the citizens of Dublin of what is then, and remains long after, their main supply of drinking water.

On June 17, 1740, Barry receives a full royal pardon and the restoration of his title and estates. Soon afterward he leaves Ireland for good and settles in England. He is said to have had a personal audience with the King and thanked him in person for his clemency.

Barry’s last years are wretched. Although he has a second marriage shortly before his death, he is abandoned by all his former friends, is in great pain from gout, and is prone to depression. He dies in Nottingham on March 22, 1751, and is buried at St. Nicholas Church, Nottingham. On his death the title becomes extinct. His estates pass to his cousin, Sir Compton Domvile, 2nd Baronet, who makes unsuccessful efforts to have the barony revived. His widow Elizabeth outlives him by many years, dying in December 1816.


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Assault on the Blackwater Fort

On February 16, 1595, a Gaelic Irish force assaults and captures the English-held Blackwater Fort at Blackwatertown in County Armagh, during the Nine Years’ War. The Irish are led by Art MacBaron O’Neill, brother of Hugh O’Neill, Earl of Tyrone, and marks Tyrone’s break with the English Crown as he openly wages war against the English forces in Ireland.

The assault focuses on the English fort which sits at a bridge on the River Blackwater, marking the border between Counties Tyrone and Armagh. It is built by Walter Devereux, 1st Earl of Essex, in 1575 as an outpost of English military strength in the heart of Gaelic Ulster, but also to secure the power of the main Irish ally in the region, Hugh O’Neill, Baron of Dungannon. The fort is composed of a square earthwork bawn “twelve score yards in circuit” reinforced by two bulwarks and punctuated with gun loops in its ramparts. In one corner stands a wooden tower, four stories tall, topped with a wooden walkway and a slate-covered building. It is accessed by two doors, one leading out onto the ramparts, another leading to a cellar. Each story has defensive firing loops, also known as spike holes. This tower overlooks a road and bridge across the river. At the other side of the river, on the Tyrone side, is a stone tower. The stone tower controls access to the bridge, as the road runs through it via large wooden doors.

Hugh O’Neill, Lord of Tyrone, is thought an ally of the English Crown and he is supported by the English authorities in Dublin as a counterweight to the power of other native lords in Ulster such as Turlough Lynagh O’Neill. However, encroachment by English authorities on the liberties of the native Irish lords in Ulster during the 1580s and early 1590s causes O’Neill to create an alliance of Irish lords, which look to throw off English rule with the help of Philip II of Spain. From April 1593, O’Neill orchestrates a proxy war against the English using Hugh Maguire, Lord of Fermanagh, and Hugh Roe O’Donnell, Lord of Tyrconnell. They engage the English in the west of Ulster while O’Neill, outwardly still loyal to the Crown, strengthens his power base in Ulster and subdues the Crown’s Irish allies in the north. The Irish lay siege to Enniskillen Castle and defeat an English force sent to relieve it.

O’Neill’s alliance is not limited to Ulster as he is allied to Fiach McHugh O’Byrne in Leinster. He has come under increasing pressure from Lord Deputy William Russell‘s military expeditions into the Wicklow Mountains. In desperation, Fiach McHugh asks that Tyrone offer help or at least raid the northern Pale to draw Russell out of Wicklow. O’Neill requests a meeting with Russell to discuss how to proceed but this is dismissed by the Lord Deputy as a ploy to draw him out of O’Byrne’s lands. Therefore, to help O’Byrne, O’Neill makes his first open move against the Crown.

On the morning of Sunday, February 16, 1595, Art MacBaron O’Neill approaches the fort from the direction of Armagh with 40 men, escorting what appears to be two prisoners. As they cross the bridge one of the English warders notices the match cords of the Irishmen’s matchlock calivers are lit, a sign that they are ready to fire. The English open fire and MacBaron’s men force their way into the stone tower, but the English withdraw to the upper stories and prevent the Irish from taking the tower. Meanwhile, on the other side of the river, 200 Irish soldiers sweep over the earth ramparts and take the bawn. The English soldiers and their families retreat to the wooden tower. Defensive fire from within keeps the Irish back and twice the warders thwart MacBaron’s attempts to burn the position. Fifteen of MacBaron’s men are killed attempting to storm the towers, and eight more later die of their wounds. The stalemate lasts until five o’clock in the evening when MacBaron calls for a ceasefire. He offers the garrison terms for their surrender. The English, led by Edward Cornwall, are critically low on ammunition but still prevaricate until MacBaron threatens to burn the fort to the ground with all in it. The ward’s surrender is agreed and MacBaron guarantees their safe passage to Newry.

The loss of the fort is doubtless a military setback for the Crown, but of more significance is the presence of the Earl of Tyrone in person. According to the English commander, O’Neill arrives after the surrender and is outraged at the losses suffered in taking the fort and is angry that the defenders had not been executed. After the English soldiers and their families leave, O’Neill looks on as the bridge is demolished and the fort’s defence slighted. Up until this point there is no concrete proof that O’Neill was active in the attacks by Maguire and O’Donnell in the west of Ireland. Now there is indisputable proof that the Crown was at war with O’Neill.

(Pictured: The Blackwater Fort at present-day Blackwatertown in County Armagh, built by the Earl of Essex during a foray into Ulster in 1575 and captured and destroyed by the Irish in 1595. This pen and ink sketch measures 22½ by 16½ inches and is dated March 27, 1587.)


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Plantation Agreement Between the Crown & the Irish Society of London

The agreement on January 28, 1610, between the Crown and the Irish Society of London to carry out the plantation of Derry, Coleraine, and part of Tyrone refers to a significant historical event known as the Plantation of Ulster. This event takes place in the early 17th century and is part of the broader policy of the English and later British colonization of Ireland.

The Plantation of Ulster is a process initiated by the English Crown, primarily under King James I, to colonize the province of Ulster in the north of Ireland with English and Scottish Protestant settlers to defend against a future attack from within or without. This follows the Flight of the Earls in 1607, when several Gaelic Irish lords leave Ireland, leading to the confiscation of their lands by the Crown.

In his survey, James I finds that the town of Derry (renamed Londonderry) can become either a great asset as a control over the River Foyle and Lough Swilly, or it can become an inviting back door if the people of the area are against him. He pressures the guilds of the City of London to fund the resettlement of the area, including the building of a new walled city.

The Irish Society is formed by the City of London in response to James I’s royal request to participate in the plantation. The Society is a consortium of London livery companies, which are trade associations and guilds.

The Crown grants the Irish Society lands in Ulster, particularly in modern-day County Londonderry (then including what is now County Tyrone), to establish new settlements. The key areas are the city of Derry and the town of Coleraine.

The primary objective is to settle Ulster with loyal Protestant subjects, thus consolidating English influence in Ireland. The plantation aims to bring about economic development and to establish control over what is considered a rebellious and unruly region.

The livery companies of London undertake the establishment of new towns, fortifications, and the settlement of the land with tenants. However, the implementation faces various challenges, including resistance from the native Irish population, logistical difficulties, and issues of mismanagement.

The Plantation of Ulster has profound and lasting demographic, social, and political impacts. It leads to significant changes in land ownership and contributes to the religious and cultural diversification of the region. The plantation is also a root cause of the sectarian divide in Northern Ireland, contributing to centuries of conflict between the Protestant and Catholic communities.

The agreement between the Crown and the Irish Society of London to carry out the Plantation of Ulster is a pivotal event in Irish history. It plays a crucial role in shaping the historical trajectory of Ireland, particularly Northern Ireland, and its effects are still felt in the region’s complex socio-political landscape.

The Plantation of Ulster remains a subject of historical analysis and debate, reflecting the complex interplay of colonization, cultural identity, and conflict in Irish history.

(From: “The Crown and the Irish Society of London, Agree to Carry Out the Plantation of Derry, Coleraine and Part of Tyrone,” McManus Family History, http://www.mcmanusfamilyhistory.com | Pictured: The crest of the Irish Society of London)


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The Statute of Westminster 1931 Receives Royal Assent

The Statute of Westminster 1931, an act of the Parliament of the United Kingdom that sets the basis for the relationship between the Dominions (now called Commonwealth realms) and the Crown, receives royal assent on December 11, 1931.

The statute increases the sovereignty of the self-governing Dominions of the British Empire from the United Kingdom. It also binds them all to seek each other’s approval for changes to monarchical titles and the common line of succession. The statute is effective either immediately or upon ratification. It thus becomes a statutory embodiment of the principles of equality and common allegiance to the Crown set out in the Balfour Declaration of 1926. As the statute removes nearly all of the British parliament’s authority to legislate for the Dominions, it is a crucial step in the development of the Dominions as separate, independent, and sovereign states.

The Irish Free State never formally adopts the Statute of Westminster, its Executive Council (cabinet) taking the view that the Anglo-Irish Treaty of 1921 has already ended Westminster‘s right to legislate for the Irish Free State. The Constitution of the Irish Free State gives the Oireachtas “sole and exclusive power of making laws.” Hence, even before 1931, the Irish Free State does not arrest British Army and Royal Air Force deserters on its territory, even though the UK believes post-1922 British laws give the Free State’s Garda Síochána the power to do so. The UK’s Irish Free State Constitution Act 1922 says, however, “[n]othing in the [Free State] Constitution shall be construed as prejudicing the power of [the British] Parliament to make laws affecting the Irish Free State in any case where, in accordance with constitutional practice, Parliament would make laws affecting other self-governing Dominions.”

Motions of approval of the Report of the Commonwealth Conference had been passed by Dáil Éireann and Seanad Éireann in May 1931 and the final form of the Statute of Westminster includes the Irish Free State among the Dominions the British Parliament cannot legislate for without the Dominion’s request and consent. Originally, the UK government wants to exclude from the Statute of Westminster the legislation underpinning the 1921 treaty, from which the Free State’s constitution had emerged. Executive Council President (Prime Minister) W. T. Cosgrave objects, although he promises that the Executive Council will not amend the legislation unilaterally. The other Dominions back Cosgrave and, when an amendment to similar effect is proposed at Westminster by John Gretton, parliament duly votes it down. When the statute becomes law in the UK, Patrick McGilligan, the Free State Minister for External Affairs, states, “It is a solemn declaration by the British people through their representatives in Parliament that the powers inherent in the Treaty position are what we have proclaimed them to be for the last ten years.” He goes on to present the statute as largely the fruit of the Free State’s efforts to secure for the other Dominions the same benefits it already enjoys under the treaty. The Statute of Westminster has the effect of granting the Irish Free State internationally recognised independence.

Éamon de Valera leads Fianna Fáil to victory in the 1932 Irish general election on a platform of republicanising the Free State from within. Upon taking office, he begins removing the monarchical elements of the Constitution, beginning with the Oath of Allegiance. De Valera initially considers invoking the Statute of Westminster in making these changes, but John J. Hearne advises him to not do so. Abolishing the Oath of Allegiance in effect abrogates the 1921 treaty. Generally, the British believe that this is morally objectionable but legally permitted by the Statute of Westminster. Robert Lyon Moore, a Southern Unionist from County Donegal, challenges the legality of the abolition in the Irish Free State’s courts and then appeals to the Judicial Committee of the Privy Council (JCPC) in London. However, the Free State has also abolished the right of appeal to the JCPC. In 1935, the JCPC rules that both abolitions are valid under the Statute of Westminster. The Irish Free State, which in 1937 is renamed Ireland, leaves the Commonwealth in 1949 upon the coming into force of The Republic of Ireland Act 1948.

The Statute of Westminster’s modified versions are now domestic law in Australia and Canada. It has been repealed in New Zealand and implicitly in former Dominions that are no longer Commonwealth realms.


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Death of Father Michael Murphy

Fr. Michael Murphy, Irish Roman Catholic priest and United Irishmen leader during the Irish Rebellion of 1798, dies at the Battle of Arklow in Arklow, County Wicklow, on June 9, 1798.

Murphy is born in 1767. While his birthplace in Ireland is undetermined, various locations, such as Ballinoulart, Castleannesley or in Kilnew, County Wexford, are documented as possibilities. He is ordained a priest in 1785 at Wexford after completing hedge school in Oulart. His first parish is at Ballycanew, after Theology and Philosophy studies at the Irish College in Bordeaux in France. Murphy joins the Rebellion on May 27, 1798, following the vandalism of his church by Crown yeomen, despite a mostly pacifist stance by the church leadership.

Murphy proceeds toward battle at Gorey, Kilthomas Hill, then Ballyorril Hill where he meets with fellow priest Fr. John Murphy of Boolavogue. He is attacking a gun position on horseback at the Battle of Arklow on June 9, 1798, when he is killed by gunfire. His grave is at Castle Ellis.

(Pictured: Michael Murphy Monument in Arklow, County Wicklow)


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The Battle of Prosperous

The Battle of Prosperous, a military engagement between British Crown forces and United Irishmen rebels, takes place in the town of Prosperous, County Kildare, on May 24, 1798, during the Irish Rebellion of 1798.

Prosperous is founded by Sir Robert Brooke in 1780 as a village for processing cotton produced in the Americas. When a rebellion spearheaded by the United Irishmen breaks out against British rule in Ireland, rebel forces led by John Esmonde make plans to capture Prosperous. Esmonde has 200 rebels under his command, while Prosperous is garrisoned by elements of the Royal Cork City Militia under the command of Captain Richard Swayne and reinforced by detachments of a Welsh mounted fencible regiment, the Ancient British Regiment of Fencible Cavalry Dragoons (also known as the Ancient Britons), numbering 150 men in all.

On May 24, 1798, Esmonde leads his forces to attack Prosperous. Their entry is preceded by the infiltration of a small rebel vanguard, who with the possible help of female sympathisers residing in Prosperous, scale the walls of the town’s barracks, kill the sentries and open the town gates. The barracks are quickly surrounded and attacked by the rebels who repulse an attempt by the garrison to break out. “Swayne himself was surprised in bed, shot and piked to death and his body burned in a tar barrel.” The remainder of the garrison are trapped in the upper floors of the barracks, which is set on fire by the rebels, causing them to jump in desperation onto the ground below, where they are summarily executed with pikes. While the rebels suffer no known casualties, approximately 40 members of the garrison are killed in the battle.

Ten members of the garrison, all belonging to the Ancient Britons, manage to escape from Prosperous to Dunlavin, County Wicklow, where they participate in the Dunlavin Green executions on May 26. Esmonde is later captured by Crown forces and brought to Dublin for trial. As he had previously enlisted at the rank of lieutenant in the Clane Yeomanry, Esmonde is court-martialled on June 13 and found guilty of being a deserter. He is executed by hanging on June 14 on Carlisle Bridge (now the O’Connell Bridge) with his coat being worn reversed to indicate that he had been convicted of desertion. Prosperous remains under the control of the United Irishmen until June 19, when a detachment of the 5th Dragoon Guards under the command of Lieutenant Colonel Stewart recaptures the town.


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Birth of Myles Byrne, United Irishman & French Army Officer

Myles Byrne, United Irishman, French army officer and author, is born into a Catholic farming family in the townland of Ballylusk, near Monaseed, County Wexford, on March 20, 1780.

At the age of 17, Byrne is asked to join the government Yeomanry. He chooses instead to join the Society of United Irishmen. In defiance of the British Crown and the Protestant Ascendancy the oath-bound movement is determined to achieve an independent and representative government for Ireland. He participates in preparations in Wexford for the Irish Rebellion of 1798 and, at the age of 18, fights at the Battle of Tubberneering on June 4 and, in command of a division of pikemen, in the Battle of Arklow on June 9, in which the rebel leader Father Michael Murphy is killed. In the face of a general rout, he leads a rebel charge in the Battle of Vinegar Hill on June 21.

Keeping command of a small band, Byrne seizes Goresbridge on June 23 but has to deplore the murder of several prisoners and other atrocities committed by his men in revenge for the torture and executions that had been visited upon the peasantry by the yeomanry and government militia. After further skirmishes he joins Joseph Holt and Michael Dwyer in taking to the Wicklow Mountains to continue a guerrilla resistance.

After Holt accepts transportation to Australia in November, Byrne, assisted by his sister, escapes to Dublin. He recalls of his sister, “If I had not remarked a long scar on her neck, she would not have mentioned anything herself. A yeoman … threatened to cut her throat with his sabre if she did not tell instantly the place in which I was hiding. The cowardly villain, no doubt, would have put his threat in execution had not some of his comrades interfered to prevent him.”

In the winter of 1802-03, Byrne enters into the plans of Robert Emmet and Anne Devlin for a renewed uprising. In his Memoirs he describes a meeting he arranged between Robert Emmet and the Wexford rebel leader Thomas Cloney at Harold’s Cross Green, Dublin, just prior to Emmet’s Rebellion, “I can never forget the impression this meeting made on me at the time – to see two heroic patriots, equally devoted to poor Ireland, discussing the best means of obtaining her freedom.”

In July 1803, the plans unravel when Anne Devlin’s cousin, Michael Dwyer, still holding out in Wicklow, recognises that there are neither the promised arms nor convincing proof of an intended French landing. In the north Thomas Russell and James Hope find no enthusiasm for a renewal of the struggle in what in 1798 are the strongest United Irish and Catholic Defender districts.

In Dublin, with their preparations revealed by an accidental explosion of a rebel arms depot, Emmet proceeds with a plan to seize the centres of government. The rising, for which for Byrne turns out with Emmet and Malachy Delaney in gold-trimmed green uniforms, is broken up after a brief confrontation in Thomas Street.

Two days after the fight in Thomas Street, Byrne meets with the fugitive Emmet and agrees to go to Paris to procure French assistance. But in Paris he finds Napoleon‘s attentions focused elsewhere. The First Consul uses a cessation of hostilities with Britain to pursue a very different venture, the re-enslavement of Haiti.

Byrne is commissioned as a captain in Napoleon’s Irish Legion. But at a time when he is convinced that “all Catholic Ireland” is “ready to rise the moment a rallying point was offered,” the Irish exiles cannot deflect the First Consul from other priorities. Rather than in Ireland, with his diminishing Irish contingent, he is to see action in the Low Countries, Germany and Spain.

Byrne rises to the rank of brigadier general and is awarded the Legion of Honour in 1813. Following the Bourbon Restoration, with fellow legionnaire John Allen, he narrowly avoids deportation as a foreign Bonapartist. An introduction to the Prince de Broglie, then vice-president of the Chamber of Deputies, and two audiences with the Minister of War, Marshal Henri Clarke, the Duke of Feltre, contribute to the latter’s decision to quash the deportation order. In August 1817 Byrne is naturalised as a French citizen.

For much of the next decade Byrne finds himself effectively retired on half pay. Returned to active military service in 1828, he distinguishes himself in the French expedition to Morea during the Greek War of Independence. He retires in 1835 with the rank of Chef de Bataillion.

In the 1840s, Byrne is Paris correspondent for The Nation in Dublin, the Young Irelander newspaper that does much to rehabilitate the memory of the United Irishmen.

In his last years Byrne writes his Memoirs, which are an account of his participation in the Irish Rebellion and his time in the Irish Legion of Napoleon. These are first published in three volumes in 1863, but there have been many subsequent reprints. Against the portrayal of 1798 as a series of disjointed, unconnected risings, his memoirs present the United Irishmen as a cohesive revolutionary organisation whose aim of a democratic, secular, republic had captured the allegiance of a great mass of the Irish people.

Byrne dies at his house in the rue Montaigne (now rue Jean Mermoz, 8th arrondissement, near Champs-Élysées), Paris on January 24, 1862, and is buried in Montmartre Cemetery. His grave there is marked by a Celtic Cross, however this headstone appears to be a 1950s replacement for an earlier one.

(Pictured: Miles Byrne (1780-1862), United Irishman. Photograph taken by an unknown photographer in Paris in February 1859. The photograph now resides in Áras an Uachtaráin, the residence of the President of Ireland, in Dublin.)