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The 1828 Clare by-election was notable as this was the first time since the reformation that an openly Roman Catholic MP, Daniel O'Connell was elected.
The Roman Catholic Relief Act 1793 had extended the franchise to Catholics in Ireland. However, under the Oath of Supremacy required of MPs to take their seats, Catholics were not permitted to sit in the House of Commons of the United Kingdom. This requirement was confirmed under the Acts of Union.
Clare was held by William Vesey Fitzgerald when he was appointed as President of the Board of Trade. As this was seen to be an office of profit, Vesey-FitzGerald had to stand in a by-election. It was not unusual for such ministerial by-elections to be uncontested. However, the Catholic Association, a group campaigning had vowed to oppose every member of the current government, which had declined to allow for Catholic Emancipation. Vesey-FitzGerald was reasonably popular with Catholics in Clare, and a number of candidates were approached but refused to stand. [1]
Although Catholics were disqualified from sitting in the House of Commons, there was no law preventing them from running for election. Daniel O'Connell decided to stand, although he would not be permitted to take his seat if elected. [1]
Like all parliamentary elections prior to the Ballot Act 1872, Clare was held as an open vote, which meant that all votes would be known. This meant that Protestant and pro-union landowners could influence their tenants, who were far more likely to be Catholic and anti-union.
O'Connell won the by-election, but could not take the Oath of Supremacy, which was incompatible with Catholicism and so could not take his seat in parliament. This meant that his demand rose to allow him to become an MP for County Clare as it did not have representation. O'Connell hinted that he would get more Catholics elected to force the situation saying "they must crush us or conciliate us".
Party | Candidate | Votes | % | ±% | |
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Radical | Daniel O'Connell | 2,057 | 67.69 | ||
Tory | William Vesey Fitzgerald | 982 | 32.31 | ||
Majority | 1,075 | 35.38 | N/A | ||
Turnout | 3,039 | ||||
Radical gain from Tory | Swing |
After O'Connell refused to take the Oath, his seat was vacated. In a second by-election, in July 1829, O'Connell was elected unopposed.
The Prime Minister, the Duke of Wellington, and the Home Secretary, Sir Robert Peel, who had previously opposed Catholic participation in Parliament, saw that denying O'Connell his seat would cause outrage and could lead to another rebellion or uprising in Ireland, which was about 85% Catholic. [3] This led directly to the Roman Catholic Relief Act 1829.
The Irish Oath of Allegiance was a controversial provision in the Anglo-Irish Treaty of 1921, which Irish TDs and Senators were required to swear before taking their seats in Dáil Éireann and Seanad Éireann before the Constitution Act 1933 was passed on 3 May 1933. The controversy surrounding the Oath was one of the principal issues that led to the Irish Civil War of 1922–23 between supporters and opponents of the Treaty.
Daniel(I) O’Connell, hailed in his time as The Liberator, was the acknowledged political leader of Ireland's Roman Catholic majority in the first half of the 19th century. His mobilisation of Catholic Ireland, down to the poorest class of tenant farmers secured the final instalment of Catholic emancipation in 1829 and allowed him to take a seat in the United Kingdom Parliament to which he had been twice elected.
The Oath of Supremacy required any person taking public or church office in the Kingdom of England, or in its subordinate Kingdom of Ireland, to swear allegiance to the monarch as Supreme Governor of the Church. Failure to do so was to be treated as treasonable. The Oath of Supremacy was originally imposed by King Henry VIII of England through the Act of Supremacy 1534, but repealed by his elder daughter, Queen Mary I of England, and reinstated under Henry's other daughter and Mary's half-sister, Queen Elizabeth I of England, under the Act of Supremacy 1558. The Oath was later extended to include Members of Parliament (MPs) and people studying at universities. In 1537, the Irish Supremacy Act was passed by the Parliament of Ireland, establishing Henry VIII as the supreme head of the Church of Ireland. As in England, a commensurate Oath of Supremacy was required for admission to offices.
William Vesey-FitzGerald, 2nd Baron FitzGerald and Vesey, was an Anglo-Irish statesman. A Tory, he served in the governments of Lord Wellington and Robert Peel, but is best known for his defeat in the 1828 Clare by-election, hastening Catholic Emancipation across Britain and Ireland.
Catholic emancipation or Catholic relief was a process in the kingdoms of Great Britain and Ireland, and later the combined United Kingdom in the late 18th century and early 19th century, that involved reducing and removing many of the restrictions on Roman Catholics introduced by the Act of Uniformity, the Test Acts and the penal laws. Requirements to abjure (renounce) the temporal and spiritual authority of the pope and transubstantiation placed major burdens on Roman Catholics.
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John FitzGibbon, 1st Earl of Clare PC (Ire) was Attorney-General for Ireland from 1783 to 1789 and Lord Chancellor of Ireland from 1789 to 1802.
The Roman Catholic Relief Act 1829, also known as the Catholic Emancipation Act 1829, removed the sacramental tests that barred Roman Catholics in the United Kingdom from Parliament and from higher offices of the judiciary and state. It was the culmination of a fifty-year process of Catholic emancipation which had offered Catholics successive measures of "relief" from the civil and political disabilities imposed by Penal Laws in both Great Britain and in Ireland in the seventeenth, and early eighteenth, centuries.
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The Catholic Association was an Irish Roman Catholic political organization set up by Daniel O'Connell in the early nineteenth century to campaign for Catholic emancipation within Great Britain. It was one of the first mass-membership political movements in Europe. It organized large-scale public protests in Ireland. Home Secretary Robert Peel was alarmed and warned an associate of his in 1824, "We cannot tamely sit by while the danger is hourly increasing, while a power co-ordinate with that of the government is rising by its side, nay, daily counteracting its views." The Duke of Wellington, Britain's prime minister and its most famous war hero, told Peel, "If we cannot get rid of the Catholic Association, we must look to civil war in Ireland sooner or later." To stop the momentum of the Catholic Association it was necessary to pass Catholic Emancipation, and so Wellington and Peel turned enough Tory votes to win. Passage demonstrated that the veto power long held by the Ultra-Tories faction of reactionary Tories no longer was operational, and significant reforms were now possible.
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John Leslie Foster, FRS was an Irish barrister, judge and Tory Member of Parliament (MP) in the United Kingdom Parliament. In 1830 he was appointed a Baron of the Court of Exchequer of Ireland.
In Ireland, the penal laws were a series of legal disabilities imposed in the seventeenth, and early eighteenth, centuries on the kingdom's Roman Catholic majority and, to a lesser degree, on Protestant "Dissenters". Enacted by the Irish Parliament, they secured the Protestant Ascendancy by further concentrating property and public office in the hands of those who, as communicants of the established Church of Ireland, subscribed to the Oath of Supremacy. The Oath acknowledged the British monarch as the "supreme governor" of matters both spiritual and temporal, and abjured "all foreign jurisdictions [and] powers"—by implication both the Pope in Rome and the Stuart "Pretender" in the court of the King of France.
Events from the year 1843 in Ireland.
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