Clare mostly belonged to a large number of ‘absentees and needy proprietors’, whose conflicting electoral ambitions provoked frequent contests both before and after the Union.
Since 1802 Thomond’s notional seat had been held by the head of the junior branch of his family, Sir Edward O’Brien of Dromoland, an inactive ministerialist and pro-Catholic. He was joined in 1818, when Conyngham’s candidate Major-General Augustine Fitzgerald* of Carrigoran retired on account of ill health, by the former Irish chancellor of the exchequer William Vesey Fitzgerald, another governor, who was ably assisted by the former Clare Member Sir Hugh Dillon Massey of Donas Lodge, county Limerick. Surprisingly, given the relative smallness of his personal landed interest, his aged father, James Fitzgerald† of Inchicronan, who, like all those who had to appease the largely Catholic population, supported Catholic claims, thereafter effectively secured domination over the second seat (although Conyngham, who backed Vesey Fitzgerald, continued to be listed as joint patron with O’Brien in radical sources).
Over 6,000 freeholders were created in 1817 and 1818, indicating that a contest had then been expected, but fewer than 1,400, some at Vesey Fitzgerald’s behest, were added to the registers up to the general election in the spring of 1820, when the proclamation of the county because of the outbreak of ribbonism in neighbouring Galway and the accession of the new king were discussed at local meetings.
O’Brien and Augustine Fitzgerald’s attempt to obtain an effective loyal address at the county meeting in January 1821 was stifled by Macnamara and others, who removed its favourable references to ministers’ conduct towards Queen Caroline.
Anxious not to accept the offer of diplomatic employment in America without receiving a peerage, not least because of the difficulty of retaining or of later regaining his seat, Vesey Fitzgerald informed his friend Peel, the home secretary, in the autumn of 1824 that, if so provided for
I should while in the full enjoyment of an ascendancy in my county, and while every motive of retirement must be unsuspected, get rid possibly of a representation that tires me and which, secure as it is, may not always be so [and] which, secure as it may be, obliges me to a hundred acquaintances, to civilities which are burdensome, applications which are odious and the approaches of Popish lawyers and others, whom in the end I am sure I shall offend.
Yet, writing at about the same time, he confided that, although doubtful of his future safety, ‘for the next election, I should not have the slightest apprehension even in my absence, having the whole county pledged to me and being able, if I were on the spot, to bring in both Members’.
In fact, although he canvassed until the spring of 1826, Vandeleur withdrew because of illness and an unwillingness to jeopardize his official pension, and, to the relief of Sir Edward O’Brien, who was confident that Lucius would get a free run, nothing came of a bid by Sir Augustine Fitzgerald to offer in his place.
O’Connell, who had already had Vesey Fitzgerald put on notice that he would be opposed unless he sided with Canning, the prospective pro-Catholic prime minister, quickly engineered a meeting of local Catholics in Ennis, where he was staying for the assizes, 11 Mar. 1827, to condemn those (who did not include the Clare Members) who had recently divided in the majority against the relief bill. Not only did he call for the future return of two genuine friends of civil and religious liberty that day, but he also secured resolutions for the supervision and protection of the 40s. freeholders, and this was formalized at the inaugural meeting of the Clare Liberal Club, held (as two days earlier) under the chairmanship of the O’Gorman Mahon, on the 13th.
The leader of the Catholic Association therefore already had a high profile in Clare, where his family had originated, before that summer’s by-election, which was precipitated by the duke of Wellington’s appointment of Vesey Fitzgerald as president of the board of trade.
With the pacificatory force of the Order of Liberators at their forefront and self-consciously mimicking the symbols of the Waterford precedent, the friends of O’Connell,
Anglesey, who shared Vesey Fitzgerald’s pessimistic assessment of his chances (but was already coming round to accepting the advantage of admitting Catholics to Parliament), deployed massive forces of police (under George Warburton) and soldiers (under Sir Charles William Doyle) around Ennis, with Peel’s full approval, but, while fearing disturbances, noted that the Catholic leaders would attempt to maintain good order so as to sustain the moral authority of their position.
A jubilant O’Connell, who responded in kind to his opponent’s courteous concession of defeat, was declared elected with a majority of 1,075 (receiving support from two-thirds of the voters polled), 5 July 1828, when the sheriff made a special return, which incorporated the protests made against him as a Catholic, and Sheil memorably greeted the result as a triumph for the whole Catholic nation.
Nevertheless, the by-election had enormous ramifications for the predominant political issue of Catholic emancipation.
The election, thank God, is over, and I do feel happy on its being terminated notwithstanding the result. I have polled all the gentry and all the £50 freeholders - the gentry to a man! Of others I have polled a few remnants of interests only: my own, and not much besides what adhered to me in that way. All the great interests broke down and the desertion has been universal. Such a scene as we have had! Such a tremendous prospect as it opens to us! ... The conduct of the priests has passed all that you could picture to yourself! ... It was a hopeless contest from the first! Everything was against me ... I do not understand how I have not been beaten by a greater majority.
Anglesey, to whom Vesey Fitzgerald wrote in the same strain, agreed that the contest was very far from being an ordinary one, and Peel, who recognized, what Wyse also emphasized, that it marked a ‘turning point’, wrote to the novelist Sir Walter Scott that ‘I wish you had been present at the Clare election, for no pen but yours could have done justice to that fearful exhibition of sobered and desperate enthusiasm’.
Clare, where, as in neighbouring counties, many celebrations were held, became increasingly divided over sectarian lines that autumn.
After William Leake had tried and succeeded in obtaining leave, 5, 9 Feb., the previous year’s hostile petition was again presented by George Anthony Legh Keck, 10 Feb., and one in O’Connell’s support was brought up, 20 Feb., while another was deemed to have arrived too late, 26 Feb. 1829. The subsequent committee, appointed on 3 Mar., which largely confined itself to the question of whether O’Connell was eligible as a Catholic, unanimously found in his favour, 6 Mar., proving him right to have been optimistic about it.
The ensuing by-election was delayed to allow for the implementation of the Irish Franchise Act. Under its provisions, the 7,723 40s. tenants (as registered on 1 Jan. 1829) were disfranchised and the 800-900 £50 and £20 freeholders, whose numbers remained steady, were joined, after a flurry of O’Connellite activity that summer, by over 650 £10 voters (raising the electorate to 1,604 by the beginning of the following year).
As Wellington had instructed, the heavy military presence prevented any outbreak of disturbances and Lord Grey’s son Charles Grey*, who witnessed the proceedings with his regiment, commented that, despite his usual bluster, O’Connell, who styled himself a ‘Benthamite’, was ‘very well disposed to be quiet and conciliatory’, partly with a view to winning over the landlords.
At Macnamara’s instigation, the county met to approve resolutions against the increased Irish stamp and spirit duties, 2 June, and the ensuing petition, with another for alteration of the grand jury laws, was presented, 2 July 1830, by one or both of the O’Brien brothers, who had been criticized locally for their apparent indifference on this question.
On the hustings, 10 Aug. 1830, Lucius O’Brien, proposed by Crofton Vandeleur, emphasized his Tory credentials, but Macnamara (nominated by Andrew Finucane of Ennistymon House) and the O’Gorman Mahon (by Burton Bindon of Curranroe) both agreed to Nicholas Purcell O’Gorman’s proffered pledges for tax reductions, reform and the introduction of poor laws to Ireland. On the 14th Sir Edward O’Brien, protesting angrily against the proceedings, was refused permission to enter the contest, in which his son trailed throughout, and nothing came of the suggestion that Francis Macnamara would become a security for his father, but William Richard Mahon and Bindon were allowed to poll a few votes each on the 16th, presumably on behalf of the O’Gorman Mahon, who soon again addressed the county in his own extraordinary style.
Amid considerable unrest, which caused the magistrates to urge the application of the Insurrection Act and prompted Anglesey, the reinstated lord lieutenant, and Edward Smith Stanley*, his chief secretary, to be concerned about another contest taking place there at such a time, there was another bout of election fever in March 1831.
Following his visit, Anglesey reported to Lord Melbourne, the home secretary, in April 1831 that ‘the system of outrage prevailing in the county of Clare does not appear ... to be connected with any party or political objects’. Although determined to clamp down on the disturbances, he did not wish to be driven to anything desperate on account of the forthcoming general election and later considered that the ‘frightful’ state of Clare was not worsened by the expected contest there.
As Tom Macaulay* commented of the string of abortive duels that ensued, Macnamara having been provoked by the O’Gorman Mahon and Maurice O’Connell by William Mahon: ‘What fools, by the bye, those Irish patriots and heroes in the county of Clare have been making of themselves - challenging each other, challenging each other’s seconds, first cousins and second cousins, and never fighting’.
Later that year Vesey Fitzgerald, who now sat for Ennis but was soon to inherit his mother’s peerage, took up residence in the county as its lord lieutenant.
For its full representative history, see Kieran Sheedy, Clare Elections (1993).
Number of voters: 3039 in July 1828; 502 in Mar. 1831
Registered freeholders: 8,557 in 1829; 1,604 in 1830
