{"id":20124,"date":"2022-11-06T23:01:11","date_gmt":"2022-11-06T23:01:11","guid":{"rendered":"https:\/\/legalblog.ie\/?p=20124"},"modified":"2024-02-09T22:13:31","modified_gmt":"2024-02-09T22:13:31","slug":"constitution-1792-1799","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/constitution-1792-1799\/","title":{"rendered":"Constitution 1792-1791"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/constitution-1792-1799\/#Catholic_Relief_GB\" title=\"Catholic Relief\u00a0 GB\">Catholic Relief\u00a0 GB<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/constitution-1792-1799\/#Catholic_Relief_Ireland\" title=\"Catholic Relief Ireland\">Catholic Relief Ireland<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/constitution-1792-1799\/#Financial_Oppressive_Measures\" title=\"Financial &amp; Oppressive Measures\">Financial &amp; Oppressive Measures<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/constitution-1792-1799\/#Developments_1793-1795\" title=\"Developments 1793-1795\">Developments 1793-1795<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/constitution-1792-1799\/#Growing_Tensions\" title=\"Growing Tensions\">Growing Tensions<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/constitution-1792-1799\/#United_Irishmen\" title=\"United Irishmen\">United Irishmen<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/constitution-1792-1799\/#Lead_up_to_Rebellion\" title=\"Lead up to Rebellion\">Lead up to Rebellion<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/constitution-1792-1799\/#1798_Rebellion\" title=\"1798 Rebellion\">1798 Rebellion<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/constitution-1792-1799\/#French_Landing\" title=\"French Landing\">French Landing<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/constitution-1792-1799\/#Aftermath\" title=\"Aftermath\">Aftermath<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Catholic_Relief_GB\"><\/span>Catholic Relief\u00a0 GB<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Roman Catholic Relief Act of 1791 relieved Catholics of certain political, educational, and economic disabilities in Britain. It admitted Catholics to the practice of law, permitted the exercise of their religion, and the existence of their schools.<\/p>\n<p>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.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Catholic_Relief_Ireland\"><\/span>Catholic Relief Ireland<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In 1792 a bill was introduced with government support into the Irish Parliament, removing all disabilities attaching to marriages between Roman Catholics and Protestants, admitting Catholics to the practice of law and removing all remaining restrictions in education.\u00a0 The proposal that the Catholics be admitted to the County franchise was defeated in Parliament.<\/p>\n<p>The Catholic Convention met in December 1792.\u00a0 Representatives of the Catholic Committee appointed a delegation to present a petition to the King in person seeking political rights for Catholics.<\/p>\n<p>Some weeks later, following a favourable reception from the British administration and in a desire to pacify the country in the face of the threat from abroad, the government introduced a wide-ranging Relief Bill under pressure from the Lord Lieutenant and the English administration.<\/p>\n<p>The progress of the French revolutionary armies and the outbreak war with France had changed the situation. The bill was supported on the grounds that it would be unsafe to disappoint hopes that have been aroused.<\/p>\n<p>Catholics were to be admitted to parliamentary and municipal franchises on the same terms as Protestants.\u00a0 They were to have the right, including subject to conditions and a property qualification, to bear arms.\u00a0 Almost all remaining restrictions on land holding were removed.<\/p>\n<p>The Catholic Relief Act in Ireland (33 George III, c.21 enabled Catholics to hold civil and military offices that were not specifically excepted, and removed the statuary bar to university degrees.\u00a0All civil and military posts, \u00a0with some exceptions for the highest post, were to be opened.\u00a0 The only substantial disability that remained was membership in parliament.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Financial_Oppressive_Measures\"><\/span>Financial &amp; Oppressive Measures<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The hereditary revenue of the Crown was brought under full control of the Irish Parliament in 1793.\u00a0 The pension list was curtailed.\u00a0 It sought to secure the freedom and independence of the House of Commons and reduce government influence over members.<\/p>\n<p>It excluded from the House of Commons all those who held pensions during pleasure or for a term of years and also the holders of places of profit under the Crown created after the passing of the Act.\u00a0 A sitting member who accepted a place of profit must vacate the seat, although he might be re-elected.<\/p>\n<p>A number of oppressive measures were also passed, including<\/p>\n<ul>\n<li>an Arms Act prohibiting the importation and distribution of arms and ammunition except under a licence<\/li>\n<li>a Convention Act prohibiting representative assemblies and<\/li>\n<li>a Militia Act intended to strengthen the government and weaken the Volunteers.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Developments_1793-1795\"><\/span>Developments 1793-1795<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The reforms of 1793, although significant, did not conciliate Roman Catholics and Protestant radicals.\u00a0 The rejection of the 1794 bill strengthened the alliance between them.<\/p>\n<p>In effect, the concessions made little difference to the distribution of political power and more substantial reform was sought in the system of representation.\u00a0 A bill to grant more wide-ranging reforms was defeated in 1794.<\/p>\n<p>In July 1794, one of Lord Fitzwilliam of Portland&#8217;s principal allies was to be made Viceroy as soon as a suitable post be found for Westmoreland, who had held office since 1790.\u00a0 Portland and his allies had broken with the main body of Whigs and joined Pitt.\u00a0 This had a significant impact on the political atmosphere in Ireland.<\/p>\n<p>In Dublin, it was assumed that Grattan\u2019s influence would be re-established, but he made it clear he would not accept any government appointment. The Catholic Committee was encouraged by Fitzwilliam&#8217;s known sympathy for its claim. Pitt was not in favour of an immediate change to policy despite his alliances with Reformers.<\/p>\n<p>When Fitzwilliam was dispatched to Ireland in 1795, he was instructed not to make any general change in administration and not to bring in a Relief Bill. \u00a0If it should be brought in by a private member, he was to use his influence to defeat it. The instruction was not committed to writing and Fitzwilliam felt himself free to deal with the situation as he thought.<\/p>\n<p>Catholics were seeking immediate relief and Grattan announced his intention to introduce a bill in the Parliament to admit Catholic members. Fitzwilliam was warned by the Cabinet that he could not support engagement on the question and when he tried to defend his action, he was peremptorily instructed to oppose the bill and was withdrawn.<\/p>\n<p>Fitzwilliam dismissed Beresford and two undersecretaries of State and was known to intend to replace the Attorney General and Solicitor General with supporters of Grattan.\u00a0Beresford appealed to Pitt, whose influence was used to recall the Lord Lieutenant.\u00a0 Grattan and the Whig group were reduced to opposition once more.<\/p>\n<p>The episode sent a signal of the apparent hopelessness of working within constitutional means for reform.\u00a0 It created an atmosphere favourable to insurrection and brought a host of recruits to the United Irishmen.<\/p>\n<p>A new viceroy, Lord Camden, was appointed.\u00a0 Beresford and the Dublin Castle reactionaries were reinstated, and the Viceroy was explicitly instructed to oppose all pressures for Catholic relief. Grattan&#8217;s relief bill was rejected in May 1795. From that point onwards, Catholic emancipation ceased to be a parliamentary question.<\/p>\n<p>There was a strong body of opinion among the Catholics and Protestants in favour of educating students of both denominations at the University of Dublin, to which Roman Catholics were already being admitted.\u00a0 However, the proposal was disregarded, and as a conciliatory step, a Royal College of Saint Patrick at Maynooth was established in 1795.\u00a0 It ultimately became profoundly influential on Roman Catholicism and the Irish clergy.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Growing_Tensions\"><\/span>Growing Tensions<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Amongst heightening tensions, the Orange Society was established to protect its interests and maintain Protestant ascendancy.\u00a0 There were incidents of sectarian persecution in Ulster and Connaught, although it is not clear to what extent the new societies and groups were involved.\u00a0 The Defenders were a Roman Catholic group organized in opposition.\u00a0 Many members of the Defenders were members of the United Irishmen.<\/p>\n<p>An Insurrection Act was passed in 1796 in response to internal and external threats.\u00a0 A group of the United Irishmen sought an alliance with the French and sought a French expedition to Ireland.<\/p>\n<p>The Insurrection Act made it a capital offence to administer an unlawful oath and allowed the Lord Lieutenant and Privy Council to proclaim a district as disturbed. Magistrates were given extraordinary powers in searching for arms and to deal with suspected traitors. The Habeas Corpus Act was suspended.<\/p>\n<p>A militia was raised by conscription largely of Catholics and a yeomanry was recruited by landlords from their own tenants, mainly Protestants.\u00a0 In 1796, the French expedition, accompanied by Wolfe Tone carrying 7000 troops, arrived at Bantry Bay.\u00a0 They were unable to attempt a landing and sailed away.\u00a0 This alarmed the government and encouraged the United Irishmen.\u00a0 The government feared that the French could take control of the South and encourage insurrection in the North.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"United_Irishmen\"><\/span>United Irishmen<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>During 1796, the United Irishmen established a military organization, particularly in the North.\u00a0 Thousands of peasants were armed with muskets that belonged to the Volunteers or with pikes.\u00a0 The example of the Presbyterians had made the numerous Defenders potentially dangerous.\u00a0 The Defenders had traditionally been another agrarian society at war with the Orangemen and a menace to landlords and tithe collectors but did not threaten the State.<\/p>\n<p>The government resolved to break the United Irishmen organization in Ulster.\u00a0 Some of its principal leaders were arrested and military forces were sent to Belfast with extraordinary powers.<\/p>\n<p>There were questions about the reliability of the militia, \u00a0many of whom were believed to be members of the United Irishmen.\u00a0 However, they remained loyal to the government. In many cases, the militia and yeomanry acted without restraint, burning down houses in search of arms and torturing.<\/p>\n<p>The policy of military oppression was applied throughout the country, especially in Leinster and Munster, where the Defenders were becoming increasingly active.\u00a0 It was argued that this oppression was aimed at provoking insurrection.\u00a0 The efficiency of the government&#8217;s spy system and its military preparation pressured the United Irishmen, leaders so that they were forced to insurrection at an early day.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Lead_up_to_Rebellion\"><\/span>Lead up to Rebellion<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Grattan urged concessions, and a Parliamentary Reform Bill was overwhelmingly defeated in 1797.\u00a0 Grattan withdrew from the House of Common.<\/p>\n<p>The expectation of a French invasion remained high, and the country seemed to be drifting into chaos.\u00a0 The United Irishmen thought they could rely on up to 200,000 men but still believed they would require support from France.<\/p>\n<p>The government further intensified repression.\u00a0 Many Protestant gentry criticized the relentless oppression but found little support in Parliament, which was overwhelmingly behind the government and represented the ascendancy in general.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"1798_Rebellion\"><\/span>1798 Rebellion<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>With significant information at its disposal, the government arrested most of the principal United Irishmen in 1798 and their papers were seized. \u00a0A general proclamation of martial law followed.<\/p>\n<p>Lord Edward Fitzgerald, the most important of the leaders who escaped arrest, was captured in May 1798 and mortally wounded.\u00a0 He had supported the radical cause in Parliament and had joined the United Irishmen in 1796.<\/p>\n<p>Insurrection broke out in May 1798 but lacked coherence.\u00a0 The original plans had been to seize the capital and paralyze the government.\u00a0 It was not attempted.\u00a0 Isolated risings throughout Leinster were quickly put down.<\/p>\n<p>The military began further repression, with many persons of high social rank being summarily executed by court-martial on minimal evidence. In June 1798, Henry Joy McCracken, one of the original founders of the United Irishmen, led 4000 men against the town of Antrim and was driven off in a sharp encounter.\u00a0 In County Down, Henry Munro led 7000 men, but the insurrection was defeated too.\u00a0 In Ulster, it was essentially a Protestant affair.<\/p>\n<p>The most famous insurrection began in Wexford and lasted six weeks.\u00a0 The Wexford rising was loosely linked with the United Irishmen, and this was essentially a Catholic insurrection with the support of few Protestant radicals.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"French_Landing\"><\/span>French Landing<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Until the last weeks before their insurrection, all hope was based on French help, for which Tone and others were working ceaselessly.\u00a0 In August 1798, 1000 men under General Humbert reached Killala in County Mayo.\u00a0 Connaught had been little influenced by the revolutionary propaganda and that was no general rising. \u00a0A few thousand peasants joined the French but proved unreliable auxiliaries.<\/p>\n<p>Humbert conducted a larger force under Lake but eventually surrendered in September 1798 after marching his diminished forces, little more than 150 men, into enemy territory. A week after the fall of Killala in September 1798, Wolfe Tone and 3,000 troops sailed from Brest. They were intercepted off Donegal by a British Naval Force, and most French ships were captured.\u00a0 Tone was taken prisoner, tried by court-martial, and condemned to death.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Aftermath\"><\/span>Aftermath<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The rebellion of 1798 provided Pitt with the stimulus and opportunity to execute a policy of legislative union accompanied by Catholic emancipation.\u00a0Pitt sought to win over the Irish administration in Parliament.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-20124\" data-postid=\"20124\" class=\"themify_builder_content themify_builder_content-20124 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Catholic Relief\u00a0 GB The Roman Catholic Relief Act of 1791 relieved Catholics of certain political, educational, and economic disabilities in Britain. It admitted Catholics to the practice of law, permitted the exercise of their religion, and the existence of their schools. Chapels, schools, officiating priests and teachers were to be registered. Assemblies with locked doors, [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[31],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/20124"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=20124"}],"version-history":[{"count":9,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/20124\/revisions"}],"predecessor-version":[{"id":31589,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/20124\/revisions\/31589"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=20124"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=20124"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=20124"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}