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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.
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.
In the following by-election, in July 1829, O'Connell was elected unopposed.
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.
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.
The 1830 United Kingdom general election was held on 29 July 1830 to 1 September 1830 to elect members of the House of Commons, the lower house of Parliament. Triggered by the death of King George IV, it produced the first parliament of the reign of his successor, King William IV. Fought in the aftermath of the Swing Riots, it saw electoral reform become a major election issue. Polling took place in July and August and the Tories won a plurality over the Whigs, but division among Tory MPs allowed Earl Grey to form an effective government and take the question of electoral reform to the country the following year.
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.
Ennis is a former United Kingdom Parliament constituency in Ireland, returning one MP. It was an original constituency represented in Parliament when the Union of Great Britain and Ireland took effect on 1 January 1801.
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.
The Roman Catholic Relief Act 1791 is an Act of the Parliament of Great Britain passed in 1791 relieving Roman Catholics of certain political, educational, and economic disabilities. It admitted them to the practice of law, permitted the exercise of their religion, and the existence of their schools. On the other hand, chapels, schools, officiating priests and teachers were to be registered, assemblies with locked doors, as well as steeples and bells to chapels, were forbidden; priests were not to wear vestments or celebrate liturgies in the open air; children of Protestants were not to be admitted to the schools; monastic orders and endowments of schools and colleges were prohibited.
Charles James Patrick Mahon, known as the O'Gorman Mahon or James Patrick Mahon, was an Irish nationalist journalist, barrister, parliamentarian and international mercenary.
George Ensor J.P. was an Irish lawyer, radical political pamphleteer and freethinker. Among other conservative precepts, he pilloried the Malthusian doctrine that poverty is sustained by the "disposition to breed". As a hindrance to enterprise and prosperity, he pointed rather to the tyranny of concentrated wealth. In Ireland, it was a condition he believed could be reversed only through popular representation in a restored parliament. Ensor further outraged prevailing opinion by inveighing against the constitutional ascendancy not merely of Protestantism, but more broadly of the Christian religion. He argued that questions of morality and social justice cannot be addressed within a theology of salvation through faith.
The Roman Catholic Relief Bills were a series of measures introduced over time in the late eighteenth and early nineteenth centuries before the Parliaments of Great Britain and the United Kingdom to remove the restrictions and prohibitions imposed on British and Irish Catholics during the English Reformation. These restrictions had been introduced to enforce the separation of the English church from the Catholic Church which began in 1529 under Henry VIII.
Charles Brownlow, 1st Baron Lurgan PC, was an Anglo-Irish politician who sat in the House of Commons from 1818 to 1832, during which time he recanted his Orange Order opposition to Catholic emancipation. He was raised to the peerage in 1839.
Edward Davis Protheroe, known as Edward Protheroe until 21 January 1845, was a British Radical and Whig politician.
The 1829 Clare by-election was notable as this was the first time following the Roman Catholic Relief Act 1829 that a Roman Catholic MP, Daniel O'Connell was elected.