Acts of Union 1800

From Wikipedia, the free encyclopedia
  (Redirected from Act of Union 1800)
Jump to: navigation, search
Documents relevant to personal
and legislative unions of the
countries of the United Kingdom
Treaty of Windsor 1175
Treaty of York 1237
Treaty of Perth 1266
Treaty of Montgomery 1267
Treaty of Aberconwy 1277
Statute of Rhuddlan 1284
Treaty of Edinburgh–N'hampton 1328
Treaty of Berwick 1357
Poynings' Law 1495
Laws in Wales Acts 1535–1542
Crown of Ireland Act 1542
Treaty of Edinburgh 1560
Union of the Crowns 1603
Union of England and Scotland Act 1603
Act of Settlement 1701
Act of Security 1704
Alien Act 1705
Treaty of Union 1706
Acts of Union 1707
Wales and Berwick Act 1746
Irish Constitution 1782
Acts of Union 1800
Government of Ireland Act 1920
Anglo-Irish Treaty 1921
Royal and Parliamentary Titles 1927
Ireland Act 1949
N. Ireland (Temporary Provisions) 1972
N. Ireland Assembly Act 1973
N. Ireland Constitution Act 1973
Northern Ireland Act 1998
Government of Wales Act 1998
Scotland Act 1998
Government of Wales Act 2006
Scotland Act 2012
Edinburgh Agreement 2012

The Acts of Union 1800 (sometimes called the Acts of Union 1801) were two complementary Acts,[1] namely:

Passed on 2 July 1800 and 1 August 1800 respectively, the twin Acts united the Kingdom of Great Britain and the Kingdom of Ireland to create the United Kingdom of Great Britain and Ireland.[2][not in citation given][3] The union came into effect on 1 January 1801. Both Acts, though since amended, remain in force in the United Kingdom.[4]

In the Republic of Ireland the Union with Ireland Act 1800 (that passed in Great Britain) was not formally repealed until the passing by the Oireachtas of the Statute Law Revision Act 1983.[5] The Act of Union (Ireland) 1800 (that passed in Ireland) was repealed in 1962.[6]

Background[edit]

Before these Acts, Ireland had been in personal union with England since 1541, when the Irish Parliament had passed the Crown of Ireland Act 1542, proclaiming King Henry VIII of England to be King of Ireland. (Before then, since the 12th century, the King of England had been overlord of the Lordship of Ireland, a papal possession.) Both Ireland and England had come in personal union with Scotland with the Union of the Crowns in 1603.

In 1707, the Kingdom of England and the Kingdom of Scotland were united into a single kingdom: the Kingdom of Great Britain. Upon that union, each House of the Parliament of Ireland passed a congratulatory address to Queen Anne, praying that, "May God put it in your royal heart to add greater strength and lustre to your crown, by a still more comprehensive Union".[7] The Irish parliament at that time was subject to a number of restrictions that placed it subservient to the Parliament of England (and following the union of England and Scotland, the Parliament of Great Britain).

In the century that followed the union of England and Scotland, Ireland gained effective legislative independence from Great Britain through the Constitution of 1782. However, access to institutional power in Ireland was restricted to a small minority, the so-called Protestant Ascendancy and frustration at the lack of reform eventually led to a rebellion in 1798, involving a French invasion of Ireland and seeking complete independence from Great Britain. The rebellion was crushed with much bloodshed, and the subsequent drive for union between Great Britain and Ireland that passed in 1800 was motivated at least in part by the belief that the rebellion was caused as much by loyalist brutality as by the United Irishmen.

Passing the Acts[edit]

Each Act had to be passed in the Parliament of Great Britain and the Parliament of Ireland.

After centuries subordination to the English, and later, British Parliaments, the Parliament of Ireland gained a large measure of independence by the Constitution of 1782. Many members of the Irish Parliament jealously guarded its autonomy (notably Henry Grattan) and a motion for union was rejected in 1799. However, a concerted campaign by the British government overcame the reluctance of the Irish Parliament.

Only Anglicans were permitted to become members of the Parliament of Ireland, though the great majority of the Irish population were Roman Catholic, with many Presbyterians in Ulster. In 1793 Roman Catholics regained the right to vote if they owned or rented property worth £2 p.a. The Catholic hierarchy was strongly in favour of union, hoping for rapid emancipation – the right to sit as MPs – which was however delayed until 1829.

From the perspective of Great Britain, the union was required because of the uncertainty that followed the Irish Rebellion of 1798 and the French Revolution of 1789, which inspired the rebels; if Ireland adopted Catholic Emancipation, willingly or not, a Roman Catholic parliament could break away from Britain and ally with the French, while the same measure within a united kingdom would exclude that possibility. Also the Irish and British parliaments, when creating a regency during King George III's "madness", gave the Prince Regent different powers. These considerations led Great Britain to decide to merge the two kingdoms and their parliaments.

The final passage of the Act in the Irish Parliament was achieved with substantial majorities, achieved in part according to contemporary documents through bribery, namely the awarding of peerages and honours to critics to get their votes.[8] Whereas the first attempt had been defeated in the Irish House of Commons by 109 votes against to 104 for, the second vote in 1800 produced a result of 158 to 115.[8]

The Acts ratified eight articles which had been previously agreed by the British and Irish Parliaments:

  • Articles I–IV dealt with the political aspects of the Union which included Ireland having over 100 MPs representing it in the united parliament, meeting in the Palace of Westminster. Ireland gained 100 seats in the House of Commons and 32 seats in the House of Lords: 28 representative peers elected for life, and four clergymen of the (Anglican) Church of Ireland, chosen for each session.
  • Article V created a united Protestant church, the United Church of England and Ireland, but confirmed the independence of the Church of Scotland.
  • Article VI created a customs union, with the exception that customs duties on certain British and Irish goods passing between the two countries would remain for 10 years (a consequence of having trade depressed by the ongoing war with revolutionary France).
  • Article VII stated that Ireland would have to contribute two-seventeenths towards the expenditure of the United Kingdom. The figure was a ratio of Irish to British foreign trade.
  • Article VIII formalised the legal and judicial aspects of the Union.

Part of the attraction of the Union for many Irish Catholics was the promise of Catholic Emancipation, thereby allowing Roman Catholic MPs, who had not been allowed in the Irish Parliament. This was however blocked by King George III who argued that emancipating Roman Catholics would breach his Coronation Oath, and was not realised until 1829.

Union flag[edit]

The second Union Flag

The flag, created as a consequence of the union of the Kingdom of Great Britain and Ireland in 1800, still remains the flag of the United Kingdom. Called the Union Flag, it combined the flags of England (which included Wales) and Scotland with a "St Patrick's Cross" to represent Ireland.

References[edit]

  1. ^ Matching Legislation – Statute Law Database
  2. ^ Welcome parliament.uk, accessed 7 October 2008]
  3. ^ Act of Union 1707, Article 2.
  4. ^ Home – Statute Law Database
  5. ^ Republic of Ireland – Statute Law Revision Act 1983, "Repeals"
  6. ^ The Statute Law Revision (Pre-Union Irish Statutes) Act 1962, section 1 and Schedule
  7. ^ Journals of the Irish Commons, vol. iii. p. 421
  8. ^ a b Alan J. Ward, The Irish Constitutional Tradition p.28.

Sources[edit]

  • Ward, Alan J. The Irish Constitutional Tradition: Responsible Government and Modern Ireland 1782–1992. Irish Academic Press, 1994.
  • Lalor, Brian (ed). The Encyclopaedia of Ireland. Gill & Macmillan, Dublin, Ireland, 2003. ISBN 0-7171-3000-2, p7

External links[edit]