Oath of Allegiance (Ireland)
Encyclopedia
The Irish Oath of Allegiance was a controversial provision in the Anglo-Irish Treaty
of 1921, which Irish TDs
(members of the Irish parliament) and Senators were required to take, in order to take their seats in Dáil Éireann
(The Chamber of Deputies) and Seanad Éireann
(the Irish Senate).
's 1922 Constitution
. It read: "I (name) do solemnly swear true faith and allegiance to the Constitution of the Irish Free State as by law established, and that I will be faithful to H.M. King George V, his heirs and successors by law in virtue of the common citizenship of Ireland with Great Britain and her adherence to and membership of the group of nations forming the British Commonwealth of nations."
The words "allegiance to the Constitution of the Irish Free State" were taken from DeValera's preferred version, which read: "I (name) do solemnly swear true faith and allegiance to the constitution of the Irish Free State, to the Treaty of Association, and to recognize the King of Great Britain as Head of Associated States."
or some other person authorised by him.
The Oath was widely condemned by the anti-treaty campaigners as involving Irish politicians taking an Oath of Allegiance to the British King. They claimed:
In contrast to this Pro-treaty campaigners claimed that:
As the Oath was effectively to the elected government in the Irish Free State, it was also described as the "Crown in Ireland". Opposition to this was based on the fact that it was not fully discussed and explained before the Anglo-Irish Treaty
was signed in December 1921, and that many of the members of the second Dáil Éireann
, elected without opposition in May 1921, had already sworn an Oath to uphold an Irish Republic
.
While the Republican Oath was much mentioned in the Treaty debates of 1921-22, it had taken over a year to arrange to have the oath sworn by the Dáil TDs and IRA volunteers, between May 1919 and August 1920. It then became a suitably symbolic reason to oppose the Treaty.
, based in its open lines on a draft oath suggested by the President of the Republic
, Éamon de Valera
, and also on the oath of the Irish Republican Brotherhood
. In fact, Collins cleared the Oath with the IRB before proposing it during the Treaty negotiations. By the standards of the oaths of allegiance to be found in other British Commonwealth dominions, it was quite mild, with no direct personal Oath to the monarch, only an indirect oath of fidelity by virtue of the King's role in the Treaty settlement as "King in Ireland", a figurehead position. The public perception among those who were hostile to the Treaty was that it was an offensive Oath to the British monarch.
as the party of an "Irish Republic
" in 1926, he and his party, though agreeing to contest elections, refused to take the Oath. However the assassination of the Vice-President of the Executive Council (deputy prime minister), Kevin O'Higgins
, led the Cumann na nGaedheal government under W. T. Cosgrave to introduce a law requiring all Dáil candidates to promise that they would take the Oath. Otherwise they could not contest the election. Backed into a corner, de Valera took the Oath, declaring that he was simply signing a piece of paper to be admitted to the Dáil. In power from 1932, de Valera amended the Free State's constitution
[at the time, amendable by simple majority in the Dáil], firstly to allow him to introduce any constitutional amendments irrespective of whether they clashed with the Anglo-Irish Treaty, then amended the constitution to remove Article 17 of the constitution which required the taking of the Oath. It was the political descendants of Michael Collins, the Fine Gael
- pro-treaty party in a coalition with an anti-treaty party, not de Valera of the Fianna Fáil
- who did declare the state to be a republic in 1948.
. This oath was extented under King William and Mary to peers, members of the House of Commons, bishops, barristers and attorneys. Under Queen Anne holders of many civil and Military were required to take oaths of allegiance, supremacy, and abjuration, attend an Anglican Church of Ireland
eucharist service and declare against the catholic beliefs in transubstantiation. Although these oaths were gradually changed over the years.
Under British rule an oath of allegiance to the King was required for barristers in Ireland were called to the bar, this excluded a number of Nationalists who were not prepared to swear such an oath, also for Catholics the wording of this and other oaths required by the British administration proved difficult since they were denouncing the Pope.
refused to take the Oath of Allegiance to the British Crown, following the granting of Catholic emancipation
in 1829 and the dilution of the tones of religious supremacy, O'Connell took his seat in 1830 the first Irish Catholic to do so in the modern era.
This oath to attend the House of Commons was seen to this day and part of the reasoning behind the Abstentionist
policy of Sinn Fein
and other Nationalists throughout history.
Anglo-Irish Treaty
The Anglo-Irish Treaty , officially called the Articles of Agreement for a Treaty Between Great Britain and Ireland, was a treaty between the Government of the United Kingdom of Great Britain and Ireland and representatives of the secessionist Irish Republic that concluded the Irish War of...
of 1921, which Irish TDs
Teachta Dála
A Teachta Dála , usually abbreviated as TD in English, is a member of Dáil Éireann, the lower house of the Oireachtas . It is the equivalent of terms such as "Member of Parliament" or "deputy" used in other states. The official translation of the term is "Deputy to the Dáil", though a more literal...
(members of the Irish parliament) and Senators were required to take, in order to take their seats in Dáil Éireann
Dáil Éireann
Dáil Éireann is the lower house, but principal chamber, of the Oireachtas , which also includes the President of Ireland and Seanad Éireann . It is directly elected at least once in every five years under the system of proportional representation by means of the single transferable vote...
(The Chamber of Deputies) and Seanad Éireann
Seanad Éireann (Irish Free State)
Seanad Éireann was the upper house of the Oireachtas of the Irish Free State from 1922–1936. It has also been known simply as the Senate, or as the First Seanad. The Senate was established under the 1922 Constitution of the Irish Free State but a number of constitutional amendments were...
(the Irish Senate).
Text of the Oath
The Oath was included in Article 17 of the Irish Free StateIrish Free State
The Irish Free State was the state established as a Dominion on 6 December 1922 under the Anglo-Irish Treaty, signed by the British government and Irish representatives exactly twelve months beforehand...
's 1922 Constitution
Constitution of the Irish Free State
The Constitution of the Irish Free State was the first constitution of the independent Irish state. It was enacted with the adoption of the Constitution of the Irish Free State Act 1922, of which it formed a part...
. It read: "I (name) do solemnly swear true faith and allegiance to the Constitution of the Irish Free State as by law established, and that I will be faithful to H.M. King George V, his heirs and successors by law in virtue of the common citizenship of Ireland with Great Britain and her adherence to and membership of the group of nations forming the British Commonwealth of nations."
The words "allegiance to the Constitution of the Irish Free State" were taken from DeValera's preferred version, which read: "I (name) do solemnly swear true faith and allegiance to the constitution of the Irish Free State, to the Treaty of Association, and to recognize the King of Great Britain as Head of Associated States."
Reaction
The Oath had to be taken in front of the Governor-General of the Irish Free StateGovernor-General of the Irish Free State
The Governor-General was the representative of the King in the 1922–1937 Irish Free State. Until 1927 he was also the agent of the British government in the Irish state. By convention the office of Governor-General was largely ceremonial...
or some other person authorised by him.
The Oath was widely condemned by the anti-treaty campaigners as involving Irish politicians taking an Oath of Allegiance to the British King. They claimed:
- The oath was an acceptance of a common citizenship between Ireland and Britain under King George and therefore was in total contravention to the oath to the Irish Republic which they had previously taken.
- They rebutted the argument that it was simply an oath to the constitution by pointing out that the constitution itself made the King head of state and it was therefore the same as an oath of allegiance to him directly.
- They felt that the people had voted for a party which claimed it would fight for a full Republic and they could not accept something lesser without a fresh mandate from the people.
In contrast to this Pro-treaty campaigners claimed that:
- The Oath of Allegiance was actually "true faith and allegiance to the Constitution of the Irish Free State" (a line drafted by de Valera in his own proposed oath). The reference to the King involved a promise of fidelity, not an Oath of Allegiance.
- The fidelity to the King was not to him as British monarch but "in virtue of the common citizenship of Ireland with Great Britain and her adherence to and membership of the group of nations forming the British Commonwealth of nations", in other words, in his role as the symbol of the Treaty settlement, not as British King.
As the Oath was effectively to the elected government in the Irish Free State, it was also described as the "Crown in Ireland". Opposition to this was based on the fact that it was not fully discussed and explained before the Anglo-Irish Treaty
Anglo-Irish Treaty
The Anglo-Irish Treaty , officially called the Articles of Agreement for a Treaty Between Great Britain and Ireland, was a treaty between the Government of the United Kingdom of Great Britain and Ireland and representatives of the secessionist Irish Republic that concluded the Irish War of...
was signed in December 1921, and that many of the members of the second Dáil Éireann
Dáil Éireann
Dáil Éireann is the lower house, but principal chamber, of the Oireachtas , which also includes the President of Ireland and Seanad Éireann . It is directly elected at least once in every five years under the system of proportional representation by means of the single transferable vote...
, elected without opposition in May 1921, had already sworn an Oath to uphold an Irish Republic
Irish Republic
The Irish Republic was a revolutionary state that declared its independence from Great Britain in January 1919. It established a legislature , a government , a court system and a police force...
.
While the Republican Oath was much mentioned in the Treaty debates of 1921-22, it had taken over a year to arrange to have the oath sworn by the Dáil TDs and IRA volunteers, between May 1919 and August 1920. It then became a suitably symbolic reason to oppose the Treaty.
Background
Ironically, in view of the opposition expressed to the Oath by anti-treatyites, it was in fact largely the work of Michael CollinsMichael Collins (Irish leader)
Michael "Mick" Collins was an Irish revolutionary leader, Minister for Finance and Teachta Dála for Cork South in the First Dáil of 1919, Director of Intelligence for the IRA, and member of the Irish delegation during the Anglo-Irish Treaty negotiations. Subsequently, he was both Chairman of the...
, based in its open lines on a draft oath suggested by the President of the Republic
President of the Irish Republic
President of the Republic was the title given to the head of the Irish ministry or Aireacht in August 1921 by an amendment to the Dáil Constitution, which replaced the previous title, Príomh Aire or President of Dáil Éireann...
, Éamon de Valera
Éamon de Valera
Éamon de Valera was one of the dominant political figures in twentieth century Ireland, serving as head of government of the Irish Free State and head of government and head of state of Ireland...
, and also on the oath of the Irish Republican Brotherhood
Irish Republican Brotherhood
The Irish Republican Brotherhood was a secret oath-bound fraternal organisation dedicated to the establishment of an "independent democratic republic" in Ireland during the second half of the 19th century and the start of the 20th century...
. In fact, Collins cleared the Oath with the IRB before proposing it during the Treaty negotiations. By the standards of the oaths of allegiance to be found in other British Commonwealth dominions, it was quite mild, with no direct personal Oath to the monarch, only an indirect oath of fidelity by virtue of the King's role in the Treaty settlement as "King in Ireland", a figurehead position. The public perception among those who were hostile to the Treaty was that it was an offensive Oath to the British monarch.
De Valera and abolition
When de Valera founded Fianna FáilFianna Fáil
Fianna Fáil – The Republican Party , more commonly known as Fianna Fáil is a centrist political party in the Republic of Ireland, founded on 23 March 1926. Fianna Fáil's name is traditionally translated into English as Soldiers of Destiny, although a more accurate rendition would be Warriors of Fál...
as the party of an "Irish Republic
Irish Republic
The Irish Republic was a revolutionary state that declared its independence from Great Britain in January 1919. It established a legislature , a government , a court system and a police force...
" in 1926, he and his party, though agreeing to contest elections, refused to take the Oath. However the assassination of the Vice-President of the Executive Council (deputy prime minister), Kevin O'Higgins
Kevin O'Higgins
Kevin Christopher O'Higgins was an Irish politician who served as Vice-President of the Executive Council and Minister for Justice. He was part of early nationalist Sinn Féin, before going on to become a prominent member of Cumann na nGaedheal. O'Higgins initiated the An Garda Síochána police force...
, led the Cumann na nGaedheal government under W. T. Cosgrave to introduce a law requiring all Dáil candidates to promise that they would take the Oath. Otherwise they could not contest the election. Backed into a corner, de Valera took the Oath, declaring that he was simply signing a piece of paper to be admitted to the Dáil. In power from 1932, de Valera amended the Free State's constitution
Constitution of the Irish Free State
The Constitution of the Irish Free State was the first constitution of the independent Irish state. It was enacted with the adoption of the Constitution of the Irish Free State Act 1922, of which it formed a part...
[at the time, amendable by simple majority in the Dáil], firstly to allow him to introduce any constitutional amendments irrespective of whether they clashed with the Anglo-Irish Treaty, then amended the constitution to remove Article 17 of the constitution which required the taking of the Oath. It was the political descendants of Michael Collins, the Fine Gael
Fine Gael
Fine Gael is a centre-right to centrist political party in the Republic of Ireland. It is the single largest party in Ireland in the Oireachtas, in local government, and in terms of Members of the European Parliament. The party has a membership of over 35,000...
- pro-treaty party in a coalition with an anti-treaty party, not de Valera of the Fianna Fáil
Fianna Fáil
Fianna Fáil – The Republican Party , more commonly known as Fianna Fáil is a centrist political party in the Republic of Ireland, founded on 23 March 1926. Fianna Fáil's name is traditionally translated into English as Soldiers of Destiny, although a more accurate rendition would be Warriors of Fál...
- who did declare the state to be a republic in 1948.
Historical oaths of allegiance
An oath of allegiance to the English crown was required by the Irish Act of Supremacy since the time of Queen Elizabeth IElizabeth I of England
Elizabeth I was queen regnant of England and Ireland from 17 November 1558 until her death. Sometimes called The Virgin Queen, Gloriana, or Good Queen Bess, Elizabeth was the fifth and last monarch of the Tudor dynasty...
. This oath was extented under King William and Mary to peers, members of the House of Commons, bishops, barristers and attorneys. Under Queen Anne holders of many civil and Military were required to take oaths of allegiance, supremacy, and abjuration, attend an Anglican Church of Ireland
Church of Ireland
The Church of Ireland is an autonomous province of the Anglican Communion. The church operates in all parts of Ireland and is the second largest religious body on the island after the Roman Catholic Church...
eucharist service and declare against the catholic beliefs in transubstantiation. Although these oaths were gradually changed over the years.
Under British rule an oath of allegiance to the King was required for barristers in Ireland were called to the bar, this excluded a number of Nationalists who were not prepared to swear such an oath, also for Catholics the wording of this and other oaths required by the British administration proved difficult since they were denouncing the Pope.
1782 Relief Act
Following the 1782 Relief Act, which gave Catholic schools a legal footing, teachers were required to take an oath of allegiance to the British Crown. The oath was of a similar wording to that which was used by Catholics who served in the British military since 1774, previous oaths contained a profession of fidelity to the British Crown with a rejection of Papal authority.Trinity College Dublin
The Irish Catholic Relief Act by Irish Parliament in 1793 (which followed the 1791 British Parliament Act), allowed Catholics to take degrees at Trinity College Dublin, by taking an oath of allegiance to the King but not supremacy which would negate their Catholic faith. It also affected Non-conformists who refused to accept the authority of the Crown and Anglican church.Maynooth College
On the foundation in 1795 of St Patrick's College, Maynooth trustees, students and staff were required to swear an oath of allegiance to the King of Great Britain, since the college was in receipt of funding from the British Government. As a result a number of clerics chose to study for the priesthood elsewhere. The Oath was compulsory until 1862 although is was common for students to ignore the oath by non-attendance at the ceremony.City corporations
There was an oath of allegiance required by members of the city corporations; this was an oath to the English monarch and accepted its supremacy.House of Commons (UK)
The Oath of Allegiance was also seen as a barrier to Catholics (and later Nationalists) in Ireland sitting in the House of Commons following the Act of Union. In 1828 following his victory in the election in County Clare, Daniel O'ConnellDaniel O'Connell
Daniel O'Connell Daniel O'Connell Daniel O'Connell (6 August 1775 – 15 May 1847; often referred to as The Liberator, or The Emancipator, was an Irish political leader in the first half of the 19th century...
refused to take the Oath of Allegiance to the British Crown, following the granting of Catholic emancipation
Catholic Emancipation
Catholic emancipation or Catholic relief was a process in Great Britain and Ireland in the late 18th century and early 19th century which involved reducing and removing many of the restrictions on Roman Catholics which had been introduced by the Act of Uniformity, the Test Acts and the penal laws...
in 1829 and the dilution of the tones of religious supremacy, O'Connell took his seat in 1830 the first Irish Catholic to do so in the modern era.
This oath to attend the House of Commons was seen to this day and part of the reasoning behind the Abstentionist
Abstentionism
Abstentionism is standing for election to a deliberative assembly while refusing to take up any seats won or otherwise participate in the assembly's business. Abstentionism differs from an election boycott in that abstentionists participate in the election itself...
policy of Sinn Fein
Sinn Féin
Sinn Féin is a left wing, Irish republican political party in Ireland. The name is Irish for "ourselves" or "we ourselves", although it is frequently mistranslated as "ourselves alone". Originating in the Sinn Féin organisation founded in 1905 by Arthur Griffith, it took its current form in 1970...
and other Nationalists throughout history.
See also
- Oath of allegianceOath of allegianceAn oath of allegiance is an oath whereby a subject or citizen acknowledges a duty of allegiance and swears loyalty to monarch or country. In republics, modern oaths specify allegiance to the country's constitution. For example, officials in the United States, a republic, take an oath of office that...
- Pledge of AllegiancePledge of AllegianceThe Pledge of Allegiance of the United States is an expression of loyalty to the federal flag and the republic of the United States of America, originally composed by Christian Socialist Francis Bellamy in 1892 and formally adopted by Congress as the pledge in 1942...
- http://historical-debates.oireachtas.ie/D/DT/D.F.C.191908200012.htmlDáil oath to the Irish RepublicIrish RepublicThe Irish Republic was a revolutionary state that declared its independence from Great Britain in January 1919. It established a legislature , a government , a court system and a police force...
of 20 August 1919.]
Additional reading
- Tim Pat Coogan, Michael Collins (Hutchinson, 1990)