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Great Seal of the Irish Free State

Great Seal of the Irish Free State: the sole face of the 1925 "internal" seal, and the reverse of the 1932 "external" seal

The Great Seal of the Irish Free State (Irish: Séala Mór do Shaorstát Éireann) is the seal which was used to seal official documents of the Irish Free State (Saorstát Éireann) by the Governor-General. The physical seal is currently on public display at National Museum of Ireland at Collins Barracks, Dublin.[1]

Both sides of the Great Seal feature an image of the harp surrounded by the words "SAORSTÁT ÉIREANN" in Gaelic script. One side is engraved in silver, the other in copper.

After the 1937 Constitution of Ireland was enacted the Seal of the President of Ireland was struck as a replacement to the Great Seal. It is substantially the same as the former Seal but features the word "ÉIRE" instead of "SAORSTÁT ÉIREANN".

OriginsEdit

The Great Seal of Ireland was used in the English king's Lordship of Ireland, which in 1534 became the Kingdom of Ireland. The seal was retained by the Acts of Union 1800 for use by the Lord Lieutenant of Ireland in the business of the Dublin Castle administration. The Government of Ireland Act 1920 retained the Lord Lieutenant and Great Seal for use by both Northern Ireland and Southern Ireland. The 1921 Anglo-Irish Treaty envisaged an Irish Free State to replace Southern Ireland, with a Provisional Government and Provisional Parliament until the Free State's constitution was enacted. The draft constitution replaced the Lord Lieutenant with a Governor General but made no explicit mention of the seal.

In August 1922 the Provisional Government's civil servants sought ministerial approval to adopt a seal. It was thought necessary for legal reasons:[2] The treaty and draft constitution specified that the Irish Free State would have the same constitutional status as Canada, which had its own Great Seal since its Confederation in 1867. The letters patent issued on 6 December 1922 constituting the office of Governor-General said:[3]

There shall be a Great Seal of and for the said State which We do hereby authorise and empower Our said Governor-General to keep and use for sealing all things whatsoever that shall pass the said Great Seal. Provided that, until a Great Seal shall be provided, the private seal of the Governor-General may be used as the Great Seal of the said State.

The Irish Free State (Consequential Provisions) Act 1922 also created a separate Governor and Great Seal for Northern Ireland.

DesignEdit

Regarding the design of the Great Seal, an approach was made by Hugh Kennedy, the Attorney General, to Thomas Sadleir, Registrar of the Office of Arms at Dublin Castle. In his reply Sadlier noted that he was "satisfied that the harp was very early in the 12th century an Irish badge...". The 1919–1922 seal of the revolutionary Dáil of the self-proclaimed Irish Republic showed a harp surrounded by the words "Sigullum Reipublicae Hibernicae — Seala Saorstáit Éireann".[4] By contrast, the 1922 Provisional Government's seal was a quartering of the arms of the four provinces.[5] The Provisional Government's private secretary suggested to Hugh Kennedy a similar seal for the Free State: "If considered desirable to symbolise in the design the present partition of Ulster, this could be done by leaving the Arms incomplete and broken at the corner.".[6] George Sigerson, the President of the National Literary Society, recommended to Tim Healy, the new Governor-General, that the harp should be adopted as the symbol of the Free State. His view was that:[2]

The harp was the common and sacred symbol of the Protestant Volunteer of 1782, of the Presbyterian and Catholic United Irishmen of 1798, of old and young Ireland and of men of after days – it is in no sense a party or sectional symbol but one which represents the entire Nation... It is now within the power of an Irish Independent Government to place this emblem of humanising harmony in its high place of honour, unique and not undistinguished amongst the lions, the leopards, and the single and double headed Eagles of the rest of the world.

On 28 December 1922 a meeting of the Executive Council of the Irish Free State decided that the Celtic harp should be adopted.[2] Later, in August 1923 the Executive Council determined that the "Brian Ború" harp in Trinity College, Dublin, would be the basis of the new seal. Archibald McGoogan of the Art Department of the National Museum perfected the design.[2] Elements of the Ardagh Chalice were incorporated into the design of the Great Seal. Final authorisation was given by the Executive Council on 17 October 1924 for the provision of the various seals, including ministerial seals which had the Brian Ború harp circumscribed with "Saorstát Éireann" and the ministerial title in Irish and English. The rope pattern was a direct copy of the base of the Ardagh Chalice.[2] Mabel McConnell, from a family of heraldic artists, was contracted by the Executive Council to make the sketches which the Royal Mint in England used to cast the die matrix for the seal.[7] The Colonial Office objected that the design ought to have been submitted to the Privy Council and approved by Order in Council, but in 1925 the Mint fulfilled the commission regardless.[8]

External Great SealEdit

In 1931, a separate External Great Seal or Royal Great Seal[nb 1] was created to be used on diplomatic documents which required the signature of the monarch in London rather than the Governor-General in Dublin. Up to 1931, such documents had been transmitted to the Dominions Office and the British Great Seal of the Realm was applied alongside the signature.[14] At the 1930 Imperial Conference, the Free State proposed that a Dominion should be allowed to send documents via its High Commissioner in London, bypassing the British government, and to affix its own seal rather than the British one.[15] The conference subcommittee on seals resolved, "The subject should be postponed on the understanding that the whole question should be left for further discussion between Governments should occasion arise".[15] In January 1931 the Free State government tested its proposed procedure; it applied the 1925 Free State seal to the instrument of ratification for a 1929 treaty between the Free State and Portugal, and sent it to High Commissioner John W. Dulanty to transmit to King George V.[16] Dulanty was refused an audience, the British objecting on the grounds that the change in procedure had not been agreed,[15][17] and that the 1925 seal was not in fact a "great seal" within the terms of the 1922 letters patent, since it had never been formally approved by the monarch.[18] A compromise was negotiated whereby the Free State would use a separate "external seal" in the custody of its Minister for External Affairs.[19] The external seal, designed by Percy Metcalfe, had on its reverse the same harp image as the 1925 "internal" seal, and on its obverse the same image of the monarch enthroned as the British Great Seal of the Realm,[20] except for the quartered royal arms above the throne, where the English arms in first and fourth quarters were switched with the Irish arms in third quarter.[21] George V formally presented the external seal to John W. Dulanty on 18 January 1932 at Sandringham House.[22] Arthur Berriedale Keith commented that this marked "the final establishment of the complete international sovereignty of the Free State and the elimination of any British control".[23]

The External Great Seal was used only on ratifications and Full Powers, and not always on the latter.[24] Lesser seals were used on lesser documents:[10]

Whereas the UK's Crown Office Act 1877 permits a small wafer Great Seal to replace the cumbersome wax Great Seal, the Free State's wax seal had no wafer equivalent.[25]

The first use of the External Great Seal was not until 1937, for ratifying the Montreux Convention Regarding the Abolition of the Capitulations in Egypt.[26] Successive governments minimised the use of monarch and the External Great Seal.[27] The state typically conducted bilateral agreements at inter-government level rather than the nominally more prestigious head-of-state level, so that the Minister for External Affairs would use the internal Great Seal for any documents.[28] After signing some multilateral treaties that would have required the External Great Seal for ratification, the state chose instead to wait until the treaty had come into force and then become a party to it by accession rather than ratification, as the internal Great Seal would suffice for accession.[29]

After the Statute of Westminster 1931, following the Free State's lead, the Union of South Africa in 1934[11] and Canada in 1939[30] passed laws permitting themselves to use their own Great Seals for diplomatic functions.[13]

SupersessionEdit

The Constitution (Amendment No. 27) Act 1936 abolished the office of Governor-General and transferred his functions to the Executive Council, which thereafter used the internal Great Seal directly rather than advising the Governor General to use it. The Executive Authority (External Relations) Act 1936 continued the use of the External Great Seal by the King.[10] The internal Great Seal was little used by 1936: there was already a separate Executive Council seal (similar to the Great Seal but with Ard-Chomhairle (Irish for "Executive Council") added to the inscription[31]) and in 1937 Éamon de Valera, who had been President of the Executive Council since 1932, said "I have no idea of what sort of seal that [the internal Great Seal] was. As well as I remember, I never saw a document sealed with it."[32]

The 1937 Constitution of Ireland created the office of President of Ireland, and the Seal of the President was created for the President's formal signature of official documents in the same manner as the internal Free State seal had been used, and having the same design except substituting "Éire" for "Saorstát Éireann", since the constitution had changed the name of the state.[33] The text on the reverse of External Great Seal was changed likewise, and the British monarch (now George VI) continued to sign diplomatic documents using it.[34] This dichotomy reflected ambiguity over who was head of state. The Republic of Ireland Act 1948 transferred diplomatic functions to the President, rendering the External Great Seal obsolete.

See alsoEdit

FootnotesEdit

  1. ^ The form "External Great Seal" was used in internal government documents when needed to distinguish it from the pre-existing "internal" Great Seal.[9][10] The form "Royal Great Seal" was used in South Africa's 1934 statute creating a similar seal,[11] and adopted by foreign scholars to describe the equivalent seal in any Commonwealth Dominion including the Irish Free State.[12][13]

ReferencesEdit

SourcesEdit

  • Hanley, Hugh (2015). "'The Last Shadow': Negotiating the Great Seal and Direct Access to the King, 1931". Irish Studies in International Affairs. Royal Irish Academy. 26: 257–274. doi:10.3318/isia.2015.26.13. JSTOR 10.3318/isia.2015.26.13.
  • Hood, Susan (2002). Royal Roots, Republican Inheritance: The Survival of the Office of Arms. Woodfield Press. ISBN 9780953429332.
  • Morris, Ewan (2005). "'Silent ambassadors of national taste': seals, stamps, banknotes and coins of the Irish Free State". Our Own Devices: National Symbols and Political Conflict in Twentieth-century Ireland. New directions in Irish history. Irish Academic Press. ISBN 9780716526636.
  • Stewart, Robert B. (1938). "Treaty-Making Procedure in the British Dominions". The American Journal of International Law. Cambridge University Press. 32 (3): 467–487 : 480–485. doi:10.2307/2191164. ISSN 0002-9300. JSTOR 2191164.

CitationsEdit

  1. ^ Decorative Arts & History (PDF). Guide to the National Museum of Ireland. National Museum of Ireland. pp. 27, 26. ISBN 0-901777-55-2. Retrieved 2 November 2017.
  2. ^ a b c d e Swan, Ciarán (2008-03-28). "Design and change: The Oireachtas Harp and an historical heritage". Design Research Group. Retrieved 2008-11-24.
  3. ^ Sexton, Brendan (1989). "Appendix A". Ireland and the crown, 1922-1936: the Governor-Generalship of the Irish Free State. Irish Academic Press. pp. 181–182. ISBN 9780716524489.
  4. ^ "Marching on the Road to Freedom: Dáil Éireann 1919". National Museum of Ireland. Retrieved 19 January 2019.
  5. ^ "Search Collections". National Museum of Ireland. Search for "HH:1928.85". Retrieved 22 January 2019.
  6. ^ "Hugh Kennedy Papers" (PDF). University College Dublin. P4/1300.
  7. ^ Hood 2002 p.121
  8. ^ Hanley 2015 pp.263, 265; Hood 2002 p.121
  9. ^ DIFP 1937 No.96
  10. ^ a b c DIFP 1937, No.97
  11. ^ a b "Royal Executive Functions and Seals Act, 1934". Retrieved 2 November 2017.
  12. ^ Stewart 1938 pp.481–482 "Ireland was the first of the Dominions to possess a separate Royal Great Seal of its own."
  13. ^ a b Jones, J. Mervyn (1946). Full Powers and Ratification. A study in the development of treaty-making procedure. Cambridge University Press. pp. 45–46, fn.4.
  14. ^ DIFP 1931, No.539
  15. ^ a b c DIFP 1931, No.513
  16. ^ DIFP 1931, No.527
  17. ^ DIFP 1931, No.523
  18. ^ Hanley 2015, pp.264–265
  19. ^ "Irish Free State — To Have Its Own Seal". The Argus. Melbourne. 30 March 1931.
  20. ^ DIFP 1931, No.536; DIFP 1931, No.550
  21. ^ Hanley 2015 p.266
  22. ^ DIFP 1932, No.625
  23. ^ Letter to The Scotsman, 19 January 1932; cited in "The Republic of Ireland Bill, 1948 : Second Stage". Seanad Éireann (6th Seanad) debates. Houses of the Oireachtas. 9 December 1948. Retrieved 25 January 2019.
  24. ^ Stewart 1938 p.484 "In certain instances governmental full powers of Ireland ... are exchanged against heads-of-states full powers of other countries"
  25. ^ Stewart, Robert B. (1937). "The Great Seal and Treaty Making in the British Commonwealth". Canadian Bar Review. XV (10): 745–759: 744–745. JSTOR 2191164. Despite the physical dimensions of the Great Seal (comparable to those of the Wax Great Seal of the Realm) the Free State has not as yet provided for the creation of a wafer Great Seal. The comparative infrequency of its use, however, renders a Wafer Great Seal the less necessary.
  26. ^ Stewart 1938 p.485
  27. ^ Stewart 1938 p.483 "It is a policy of the Irish Government to avoid the use of the King in treaty-making wherever possible."
  28. ^ Stewart 1938 pp.482–483
  29. ^ Stewart 1938 p.484
  30. ^ "The Seals Act, 1939 [3 George VI c.22]". Retrieved 2 November 2017.
  31. ^ de Valera, Eamon (24 November 1937). "In Committee on Finance. — Presidential Seal Bill, 1937: Committee Stage". Dáil Éireann (9th Dáil) debates. Houses of the Oireachtas. Retrieved 25 January 2019.
  32. ^ de Valera, Eamon (24 November 1937). "In Committee on Finance. — Presidential Seal Bill, 1937: Committee Stage". Dáil Éireann (9th Dáil) debates. Houses of the Oireachtas. Retrieved 25 January 2019.
  33. ^ "Presidential Seal Act, 1937". electronic Irish Statute Book (eISB). Retrieved 25 January 2019.
  34. ^ "NAI DT S2485A: Great Seal from Joseph P. Walshe to Eamon de Valera - 26 October 1937 - Documents on Irish Foreign Policy". Documents on Irish Foreign Policy. Royal Irish Academy. 26 October 1937. Vol. V No. 97. Retrieved 23 January 2019.