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~ The Treaty ~

The Treaty Debate 10th January 1922

THE SPEAKER (DR. EOIN MAC-NEILL) took the Chair at 11.30 a.m., and said: A telegram has been received from Cardinal Gasparri, Papal Secretary of State to the Vatican. My knowledge of Italian does not enable me to read it. The English translation of the telegram is:

“The Holy Father rejoices with the Irish people because of the understanding or agreement, and prays that the Lord will send His blessing on the noble chosen people which has passed through such a long sorrow, ever faithful to the Catholic Church.—Cardinal Gasparri.”

The telegram is addressed to the President, Dail Eireann, Mansion House, Dublin. I suppose when the Dáil makes its arrangements for carrying on, a reply will be sent in due course. I have received the following communication:

“To Professor Mac Neill,“

Speaker, Dáil Eireann.

“Monday, January 9th, 1922.

“I am directed by the National Executive of the Irish Labour Party and Trades Union Congress, the national exponents of the will of the organised workers of Ireland now in session, to request that the assembly will receive and hear a deputation on matters of extreme urgency and gravity affecting the lives of the people whom they represent. The desire of the delegation is to impress on An Dáil the political and economic situation in the country; the great problems of unemployment; reversion to grass of hundreds of thousands of acres of land in the present year; the imminence of a vast industrial upheaval due to attempts to degrade the standard of life of the people; and to call attention to the necessity for the functioning of a stable authority which will exercise power and authority in these urgent matters.

“I am, faithfully yours,

“Thomas Johnson, Secretary.”

I understand the delegation is waiting to be received. A delegation can only be received here if it be the will of the Dáil, and that would require a motion duly moved and seconded. It is also understood that when a delegation is received here there is no discussion in the presence of the delegation. Its statement is simply received.

MR. J.J. WALSH: I beg to move that we receive this delegation of Labour. I need hardly point out to the House the very important part that the Labour Movement of this country has played in the affairs of the last four or five years.

MR. DE VALERA: Hear, hear.

MR. M. COLLINS: Mr. Speaker, I ask your permission to move motion number three on the Agenda, as it is a matter of the greatest and most urgent national importance.

“Knowing as I do the intense strain you must be under for some time past, I am loth to trouble you, but I feel it is incumbent on us to explain how we are situated. At two o'clock this morning the copy of a proclamation which appears in to-day's paper was brought into us, and we were ordered to insert it. You will understand that things may appear in the Examiner published by us under duress.”

“That by way of transitional arrangement for the administration of Ireland during the interval which must elapse between the date hereof and the setting up of a Parliament and Government of Ireland in accordance herewith, the members elected for constituencies in Ireland since the passing of the British Government of Ireland Act in 1920, shall, at a meeting summoned for the purpose, elect a transitional government to which the British Government and Dáil Eireann shall transfer the authority, powers and machinery requisite for the discharge of its duties, provided that every member of such transitional government shall have signified in writing his or her acceptance of this instrument.”

“Sinn Féin aims at securing international recognition of Ireland as an independent Irish Republic. Having achieved that status the Irish people may by referendum freely choose their own form of government.”

If Mr. Arthur Griffith had not agreed to that he would not have got the support of the people who are prepared to make any sacrifice for Ireland. He agreed to this. He got their support. He has broken that undertaking. Before he and the four delegates went away to start these negotiations, Mr. Griffith agreed that they would not come to any decision until they had at first submitted it to the Cabinet at home, and awaited the reply from the Cabinet. He also agreed that they would not sign any Treaty until it had first been submitted to the Cabinet here. On the Saturday before this Treaty was signed Mr. Griffith undertook to tell Mr. Lloyd George that, though he was not prepared to break, nevertheless he would sign nothing, and would come back to us having signed nothing. Mr. Griffith has broken that, and consequently, no matter what undertaking he gives now, I object to his being elected as President of the Dáil.

(1) Whether he had any communication, direct or indirect, from the British Government, in connection with the Treaty?

The only communication I had was this produced here, except one where he stated it was not a Treaty, and I got the official title: “Articles of Agreement between Ireland and Great Britain.”

(2) Whether he had been informed what kind of legislation they proposed to pass in the British Parliament in order to carry into effect the Articles of Agreement?

The legislation they will pass must be a Free State Act. Of course, they must pass an Act of Ratification.

(3) Who would summon the members of the Southern Parliament, and when?

I will have them summoned.

(4) Whether the proposed Provisional Government would be elected by and from these members?

They would.

[398] (5) Whether the Provisional Government would act in conjunction with the Lord Licutenant, and would it function under the statutory powers conferred by the Partition Act?

If it is necessary to use the Lord Lieutenant as it is necessary to use liaison officers we will use him.

(6) What were the powers referred to in Clause 17 of the Treaty which would be transferred by the British Government to the Provisional Government?

The general powers for maintaining law and order, police, and the evacuation of the country by British troops. These are the answers to these questions. As to Mr. Boland's question and President de Valera's question: if I am elected I shall use my position to give effect to the constitutional vote of this assembly in approving of the Treaty. I shall use the resources at our disposal for the keeping of public order and security until such time as we can have an election for the Free State Parliament, and at that Free State Election I will let the will of the people decide whether we have a right to accept the Free State, or whether they wish something else.

“By way of provisional arrangement for the administration of Southern Ireland during the interval which must elapse between the date hereof and the Constitution of a Parliament and Government of the Irish Free State in accordance therewith, steps shall be taken forthwith for summoning a meeting of members of Parliament elected for constituencies in Southern Ireland since the passing of the Government of Ireland Act, 1920, and for constituting a provisional Government.”

does the British Government not question Dáil Eirean doing it—

“And the British Government shall take the steps necessary to transfer to such provisional Government the powers and machinery [399] requisite for the discharge of its duties, et cetera.”

Under that it is the British Government that has to transfer to you the powers. If you look at Document No. 2, Dáil Eireann gives you the powers. Otherwise you would be acting unconstitutionally. We hold this Government has not the authority of the Irish people until the Irish people have voted on it. Take your powers from the British Government and set it up. What does the vote in this assembly mean? It means that we will not, as the Government of the Republic, interfere with you; that you have, so to speak, a license to carry on. If it were not for that we would have to take action to prevent you from doing anything counter to it, as we would against Dublin Castle; but you can now go ahead by reason of the vote of the majority of this assembly to carry out that Treaty to the letter. That is what it is, and nothing else. I hold, therefore, if you want as the majority of this assembly to elect a President of this assembly, he will have to act as the Chief Executive of this of the Government of the Republic of Ireland.

“Dáil Eireann, acting for the people, has endorsed the Treaty; that is, it has by a majority approved of [401] the Treaty. To-day we hope that it will authorise Mr. Griffith to summon the Parliament of Southern Ireland for some day in the present week.”

That is what Mr. Griffith is looking for authority to do from this Republican Government of Ireland. We must be quite clear, and I think Mr. Griffith's answer has made us quite clear that Mr. Griffith means to use his authority as Chief Executive to get Dáil Eireann endorsed by Mr. Lloyd George as the Provisional Government of Ireland. That includes the four members of Trinity College and the exclusion of Seán O'Mahony. Mr. Michael Collins, in his speech proposing the motion before you, talked in his usual bluff, good-humoured fashion, of any kind of action being better than no action. Now, I maintain that is absolutely wrong on the face of it. Is it better for me to sit quietly and do nothing or to go out and murder somebody? Surely no action in that case would be infinitely better than any kind of action. Mr. Collins suggests that he and Mr. Griffith should be calmly allowed to murder the Irish Republic. He said many things, and I am going to deal with the chief points in his speech. But one thing he said which is important: “that Dáil Eireann is not going to be more solemn”—he had said it was the Parliament of the Irish nation. He said it was not going to be more solemn because——

“I do solemnly swear and affirm that I do not and shall not yield voluntary support to any pretended government, authority, or power with in Ireland, hostile or inimical thereto, and I do further swear that to the best of my knowledge and ability I will support and defend the Irish Republic and the Government of the Irish Republic, which is Dáil Eireann, against all enemies foreign and domestic, and I will bear true faith and allegiance to the same, and that I take this obligation freely without any mental reservation.”

Now, Mr. Griffith is looking for the Chief Executive power of this Parliament to-day; and he has been asked if, before accepting it or asking us to vote on it, he will give us an undertaking to uphold the Republic in virtue and in accordance with that oath. He has also been asked if he will give an undertaking that he will not use the powers vested in him to summon or work the Provisional Government according to Articles 17 and 18 of the Treaty. He has stated, in answer to another question that he is to summon the Provisional Government, or rather, a meeting of members elected for constituencies in Southern Ireland. Now, Mr. Arthur Griffith therefore has to act in two capacities. He has to act, if he is elected by this House this morning, as Chief Executive of the Irish Republic. He has also declared he has to—he has been deputed by Mr. Lloyd George—to summon this meeting of the members who are to appoint a Provisional Government. All we ask from Mr. Griffith is a solemn undertaking here [402] publicly in this House, and before the country, that he will not confuse or merge the two offices, that he will keep distinctly here in Dáil Eireann his Executive power as Chief Executive of the Irish Republic, and that, as plain Mr. Arthur Griffith without any authority from Dáil Eireann, he will go out and summon the Provisional Government apart from this Assembly altogether or summon the meeting of members elected to sit for constituencies in Southern Ireland. Now, we want Mr. Griffith to-day to give a solemn declaration in this House, and before the country, that he will not merge those two offices into one, that he will go as Mr. Griffith, Chairman of the Delegation, and summon the meeting that is to set up the Provisional Government; that he will act as Prime Minister of this Assembly; and that the two Mr. Griffiths will have no connection whatever, as far as their offices go. That is what we are asking —Mr. Griffith's solemn undertaking before this House and before the Irish nation. Surely that is clear. And I appeal to the members of this House who have voted for the Treaty, and who, in voting for the Treaty, have declared again and again that they are not voting against the Republic—and I believe them—I believe they were perfectly honest in declaring that in voting for the Treaty they are not voting against the Republic. They voted against the re-election of President de Valera yesterday because they were told it had to be a party vote; they were told that if they voted for President de Valera they would be voting for the rejection of the Treaty. I appeal to them now with all the force that is in me to realise the great importance to the Irish nation of keeping Mr. Griffith's two offices absolutely and entirely distinct. Do not allow Lloyd George to endorse Dáil Eireann—it is what he wants to do—as the Provisional Government, and to invite the four Trinity College members into it and exclude Mr. Seán O'Mahony. Mr. Seán O'Mahony cannot be excluded from Dáil Eireann, Mr. Arthur Griffith.

MR. M. COLLINS: Foreigners— Americans—English.

The original motion—that Mr. Griffith be appointed President of Dáil Eireann —was then put, and carried unanimously by those remaining in the House.

The roll was then called, when the following answered:

Mícheál O Coileáin

Art O Gríobhtha

Seán Mac Giolla Ríogh

Pól O Geallagáin

Liam T. Mac Cosgair

Gearóid O Súileabháin

Pádraig O Braonáin

Seán O Lidia

Seán O hAodha

Pádraig O Caoimh

Seán Mac Héil

Eoin Mac Néill

Seosamh Mac Suibhne

Peadar S. Mac an Bháird

Dr. S. Mac Fhionnlaoigh

P.S. Mac Ualghairg

Próinsias Laighléis

S. Ghabháin Uí Dhubhthaigh

Deasmhumhain Mac Gearailt

Seumas O Duibhir

Pádraic O Máille

Seoirse Mac Niocaill

P.S. O hOgáin

Piaras Béaslaí

Fionán O Loingsigh

S.O Cruadhlaoich

Criostóir O Broin

Seumas O Dóláin

Aindriú O Láimhín

Tomás Mac Artúir

Dr. Pádraig Mac Artáin

Caoimhghín O hUiginn

[411] Seosamh O Loingsigh

Próinsias Bulfin

Dr. Risteárd O hAodha

Liam O hAodha

Seosamh Mac Aonghusa

Seán Mac Eoin

Loreán O Roibín

Eamon O Dúgáin

Peadar O hAodha

Seumas O Murchadha

Saerbreathach Mac Cionaith

Seosamh Mac Giolla Bhrighde

Liam Mac Sioghuird

Domhnall O Ruairc

Earnán de Blaghd

Eoin O Dubhthaigh

Alasdar Mac Cába

Seumas de Búrca

Dr. V. de Faoite

Risteárd Mac Fheorais

Seán Mac Gadhra

Mícheál Mac Stáin

Risteárd O Maolchatha

Seosamh Mag Craith

Pilib Mac Cosgair

Domhnall Mac Cárthaigh

Liam de Róiste

Seumas Breathnach

Mícheál O hAodha

The following were then nominated and ratified as Ministers by the Dáil:

FINANCE: Mr. Michael Collins.

FOREIGN AFFAIRS: Mr. G. Gavan Duffy.

HOME AFFAIRS: Mr. Eamonn Duggan.

LOCAL GOVERNMENT: Alderman W. T. Cosgrave.

ECONOMIC AFFAIRS: Mr. Kevin O'Higgins.

DEFENCE: Mr. R. Mulcahy.

The House adjourned at 2.5 p.m.

On resuming the SPEAKER (DR. EOIN MACNEILL) took the Chair at 4.20 p.m.




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