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~ The Treaty ~

The Treaty Debate 6th January 1922

The Public Session of An Dáil resumed at 3.20 p.m. on Friday, 6th January, THE SPEAKER (DR. EOIN MACNEILL) in the Chair.

PRESIDENT DE VALERA: I think it is not fair to the country or to this assembly that the anomalous position which we have been in since the Articles of Agreement were signed in London should be continued any longer. When these Articles of Agreement were signed the body in which the executive authority of this assembly and of the State is vested became as completely split as it was possible for it to become. Irrevocably, not on personalities or anything of that kind or matter, but on absolute fundamentals. Since then we have been trying to keep nominally as a unified Executive, but the time has come when that must be ended. If I, for instance, am to keep the Chief Executive authority here in the Republic, in duty bound to preserve the Republic and to use all the means at the Republic's disposal to preserve itself, I cannot be handicapped. I cannot have responsibility without the right to use all the resources of the State to defend itself and its existence. Very well; we have the position now in which I and a certain section of the Cabinet stand for one Fundamental policy, and another section of the Cabinet stands for a fundamentally opposite policy. One side of us means the preservation of the Republic and the existence of our country; the other means the subversion of that independence. We have black and white so far as we are concerned. Now I stand here ment. I believe fundamentally in the right of the Irish people to govern themselves. I believe fundamentally in government of the people by the people, and if I may add the other part, for the people. That is my fundamental creed. Anything that would take away the Executive or fundamental authority of the people, whether executive, legislative or judicial, is absolutely against my principles and I hold that would be a subversion of nationality as I understand it, for this nation. Now, the position which has been created is this—a little history will make the whole position clear to every member here and to the country—I entered politics as a soldier, as one who stood for the principles of those who proclaimed the Republic in 1916. I went down to Clare the first time I went as a political candidate; I read the declaration of that Republic and I said to the people of Clare: “I stand for that; and I hope to he able to establish this for the world: that the men who proclaimed that, though they were said to be a minority of the nation at the time, they truly represented the heart and feeling of the nation.” And we proved it, thank God. Those who said we had no right to “rebel” as it was called, because we didn't represent the views of the people, were proved to have told untruths. Whatever may have been said about the chances of success and other matters there is one thing that stands proved historically— that these men did represent the hearts and souls and aspirations of the Irish people. I say that no election taken under duress or anything else will disprove that to-day. I say, therefore, that there will never he a peace which neglects that fundamental fact because it is the fact of the whole situation. The want to live their own lives in their own way without any outside authority whatever being imposed upon them; whether it is the authority of the British [272] Crown or any other authority whatever. Now for the historical part. After my imprisonment, when I came out after leaving Dartmoor—I came out and I found here on the one hand the old chief of the Sinn Féin Organisation, at the time working politically—our present Minister for Foreign Affairs, Mr. Arthur Griffith—and I found at the head of the Irish Volunteers the Minister for Defence, Mr. Cathal Brugha. I found that they differed then as fundamentally as they differ to-day. I found that I was a sort of connecting link between the two, and at the first Convention of Sinn Féin, or a night or two before it, we devised a basis on which we have worked so successfully for the past four years: the basis of the Sinn Féin Constitution. Since then I have been the link between the two. On the one hand the political leader at the time, as I might say, of Sinn Féin, surrendered at the Convention his Chairmanship of the Sinn Féin Organisation, surrendered it to me, and I was elected political head unanimously. Before that time the Minister of Defence had surrendered to me, as Senior Officer in the Army at the time, the headship of the Irish Volunteers. I combined therefore in myself for the time being, the political headship and the military headship; and it was the combination of these two—the military headship which represented the true aspirations of the Irish people, the headship of those who stood definitely for the Republic which was established in 1916 unequivocably, and the political headship—which enabled the two sides to work together. When I went to America to try to get recognition for the Republic that was established, I, as it was my right, nominated as Acting President or as Political Chief the Minister for Foreign Affairs. I should have said, in giving this little historical summary, in order that it might make the position clear—I should have said that when Dáil Eireann met at its first session and proclaimed its independence, the Minister for Defence was chosen as the first Chief Executive Authority. He formed the first Cabinet of the Republic and he surrendered it to me when I came out of prison. Again I became the connecting link. In every Cabinet I formed I took care to have those two sides properly represented. And I felt that if I was to be of any use to the country, and it there was to be unity in the country, it was by trying to harmonise these two voices as far as was possible. I had a difficult task to play for four years, to try, so to speak, to hold the balance even in public discussion, no matter what my own personal views might be; and privately, and certainly in public never did I do anything which would tend to lead to the disruption of these two forces. I felt that the unity of these two forces was absolutely essential for national success; and until the sixth December I succeeded in my task. On the sixth December a document was signed which irrevocably sundered that connection. On October twenty-sixth I think it was, I saw the danger on account of following the British negotiations in London very carefully —I saw the danger and I found it my duty, dealing with the Home members of the Cabinet, to send to London to the delegation what I regarded as a warning. It was an expression of the views of the Home members of the Cabinet who were five at the time, whilst three were away. There were at home four members of the Cabinet and the Assistant Minister for Local Government. Those of us who were here were the Minister of Defence, the Minister for Home Affairs, the Minister for Local Government, the Assistant Minister for Local Government and myself. We were a definite majority in the Cabinet and on the twenty-fifth of October I wrote this as “I received the minutes of the Seventh Session and your letter of the twenty-fourth. We are all here at one that there can be no question of our asking the Irish people to enter an arrangement which would make them subjects of the Crown, or demand from them allegiance to the British King. If war is the alternative, we can only face it, and I think the sooner the other side is made realise that the better.” That was definite. On December second or the night before, I think, the plenipotentiaries came back with a document which represented the proposals of the British Government at that stage. That document was clearly one, to me, inconsistent with our position. My position and the position of the Cabinet was that which we expressed in the now famous paragraph two at Gairloch, which caused a number of telegrams to be exchanged. That was that we had no right or authority [273] to act on behalf of the Irish people except as representatives of a Government of a sovereign state. That is the only basis, and I hold that anything that is inconsistent with that is ultra vires so far as we are concerned. Now, I therefore rejected that document on that basis, and made it quite clear, as far as I was concerned, to the Chairman of the Delegation that that would be unacceptable and impossible for us in our position. At the Cabinet meeting following a similar discussion arose and it was pointed out by the Minister of Defence who represented, as I have said, the traditional view—the fundamental Irish Volunteer view—it was pointed out that it meant definitely a split in the country if such a document was signed. The Chairman of the Delegation held that he would not break on the Crown. In view of the definite, clear certainty of a split, a promise was given that a document of that sort, involving the making of Irish citizens British subjects and allegiance to the Crown—that such a document would not be signed—whilst the Chairman of the Delegation would not take the responsibility of breaking on that question—that such a document would not be signed until it was submitted to this Dáil. So certain was I of that promise being fulfilled to the letter that when I heard an agreement had been reached I said: “We have won.” And when I saw in the newspapers that the agreement that was reached was one absolutely incompatible with our position—a subverting of the State as it stands—I knew that a step which was practically irrevocable had been taken. There was but one way to try to save that; and it was this: we had been working definitely for peace—for a peace that would be consistent with our position, and I believe definitely that such a peace was possible. I had pinned, personally, my efforts to get the idea of any association whatever with the British Empire—or the States of the British Empire—to try to make that palatable, so to speak, to those who thought, not merely of an independent Ireland in the sense of being a sovereign state, but thought of Ireland as a sovereign state absolutely isolated, such as Switzerland. I had attacked it as a political problem. I had kept myself detached, so to speak, calmly, coldly weighing the factors in the situation; and I kept clearly in mind all the time the fundamental fact of all, that is, the satisfaction of the aspiration of complete independent Irish nationality. I saw nothing in the proposals which we had made that was inconsistent with that; and when I made a rough outline of the proposals to the first Ministry meeting, after the members came out of prison, which was a sort of duplicate Ministry meeting at the time, I got it unanimously accepted in the main outline. It was difficult to work it in detail, but as the Conference went on and the British proposals were made on the one hand, and adjustments on our side, we made something like a State arrangement to curtail power in a definite shape; and when this document and Articles of Agreement with Great Britain were signed, I got a document which was practically the last proposals which our plenipotentiaries made—counter proposals. I put these together as quickly as I could before the first meeting of the Dáil. I produced a rough draft document. It was nothing else, and it was put before this House for the purpose of eliciting views, not of those who had accepted the Treaty. Any man who stands up and says he can object to the other document, I say he is not objecting on the grounds of nationality, anyway. Therefore I take it for granted, and any fair or impartial member of this House is entitled to take it for granted, that anybody who agreed to the Treaty could not find objection to that document. The best proof of that was that the plenipotentiaries themselves had already tried to get these particular proposals accepted by the British Government. I therefore put it before the meeting to get the views, not so much of those who stood for the present—the Articles of Agreement, as of those who stood for the Republic in its simplest form of isolation. The document was presented in the same way as I would present it to the Cabinet. We had Private Sessions here during the war. These Private Sessions were respected and no one spoke outside of anything that happened at the Private Sessions. I put that document before them. It is only when I have got general agreement that I look after it from the point of view of form and wording. I didn't want the world to see it because I didn't want the world or the Irish people confused. And I didn't want the British to see [274] it because I didn't want them to see the changes that would be made in it by this assembly. I asked it to be kept as a confidential document. It was the first time that confidence was broken. Therefore, as head of the State, I cannot get further work done, as I cannot have that confidence in the members of the Cabinet. The position, therefore, is this: at that stage my last effort to secure unanimity and to secure co-operation was destroyed because that document was treated most unfairly; and it was treated unfairly because then, at that stage, I saw at once that we had for the first time in this Dáil got parties. I withdrew the document. I saw it could serve no good purpose at the time to be used as a red herring across the track; but still I see that through that means, and through that means only, I could be of any use to this assembly or to the nation; because it is only by combining these two forces that you can keep the nation united. It is not personal, because that document was mainly evolved through the delegates in London. I had very little to do except to take those final results of their labours and the Treaty as it actually was presented, and put them together. I was anxious to keep as close to the British Treaty as possible; because, as we were genuinely anxious for peace, there was no reason that we should make any changes that were not vital. I felt that I was doing a big thing, a thing that was necessary not merely for Ireland but even a bigger thing in a sense, and that was the reconciliation of two peoples. I believe that that is possible still on one basis and one only, because as sure as this other Treaty goes through so sure will there be rebels against British authority— because they will not be British subjects. We will be living an absolute lie. Neither technically or otherwise am I a British subject, and please God I will die without ever being one. Now, I have definitely a policy, not some pet scheme of my own, but something that I know from four years' experience in my position—and I have been brought up amongst the Irish people. I was reared in a labourer's cottage here in Ireland (applause). I have not lived solely amongst the intellectuals. The first fifteen years of my life that formed my character were lived amongst the Irish people down in Limerick; therefore, I know what I am talking about; and whenever I wanted to know what the Irish people wanted I had only to examine my own heart and it told me straight off what the Irish people wanted. I, therefore, am holding to this policy, first of all, because if I was the only man in Ireland left of those of 1916—as I was Senior Officer left—I will go down in that creed to my grave. I am not a member of the Irish Republican Brotherhood, but I hope when I die I will get a Fenian grave. Therefore from that point of view I would be that but I would not let personal considerations of that sort have anything to do with the situation. I am doing this and acting on this principle because I believe it is the only policy that can save Ireland at this moment. I am coming therefore before this Dáil to laydown now definitely my office and, as I have the right to get from all the Ministers their resignations, I lay it down definitely here in this House; and this House has got to decide before it does further work, who is to be the Chief Executive in this nation—and it will have to do it constitutionally—so that the Chief Executive Officer, if he is going to have the responsibility of office, will also have the powers of the Government to enable him to execute the duties of his office properly—it does not matter who he is. There are two rival policies then and you will have to decide between them. One policy is this: I stand definitely for the Irish Republic as it was established—as it was proclaimed in 1916—as it was constitutionally established by the Irish nation in 1919, and I stand for that definitely; and I will stand by no policy whatever that is not consistent with that. Now if you re-elect me (cries of “We will!”)— steady for a moment—I will have to have the right to get a Cabinet that thinks with me so that we can be a unified body. Next, I will have to have the full use of all the resources of the Republic to defend the Republic—every resource and all the material that is in the nation to defend it. If you elect me and you do it by a majority I will throw out that Treaty—if we have a majority, if this Cabinet goes down. Next, I will bring from our Cabinet a document such as that, and we will offer it to the British people as a genuine peace Treaty—to the British peoples, not merely Lloyd George and his government, but to all the [275] States of the British Commonwealth—of the British Empire. This is going further than any one because I have spent years —because one of my earliest dreams, next to securing Irish independence, was that there might be reconciliation between the people of these two islands— this is a genuine offer of peace, a peace that can be as lasting as human peace can be. We will offer them that, and if they turn it down, then we will, as in the past, stick to the Sinn Féin Constitution; we will deny the right, we will oppose the will of the British Parliamentary power to legislate for Ireland; and we will make use of any and every means to render impotent the power of England to hold Ireland in subjection by military force or otherwise. Now, if you re-elect me that is our programme. We have not been afraid notwithstanding—we started this even before 1919; we started in 1917 that programme. If there was not a gun in Ireland we could carry out that programme. If we were bound hand and foot we could still, by our voice and our will, stand by that programme. Let the British put us in their jails and they can't stifle our will. That human will of ours will stand up to Lloyd George and say, like Terence MacSwiney: “No! we will not be British subjects.” (Applause). Very well then, I offer to this House my personal resignation, and with it go the Ministers. You have to elect the head of the Government. If you elect me I will pursue the policy I have outlined. As to the policy opposed to it I propose to let the Minister of Foreign Affairs tell you about it.

Referring to an interruption by Deputy Miss MacSwiney, Mr. O'Sullivan said: I would ask that I be not interrupted, especially by the Deputy who is sitting so very near to me.

We can look upon him (Sir Michael O'Dwyer) with no less feeling of bitterness because he is an Irishman any more than any decent Englishman would look upon Maxwell. Another proof that the Gaelic races and people have been stunted and stopped in their development to live their own lives in their own way is this assembly. We have not been able to discuss the question before this assembly in the language of our own country. I challenge the ablest speakers of our language in this assembly, beginning with you, sir, and running down to the last—I challenge them all to debate the vexed and intricate question of constitutional usage and the other points raised in this debate—to debate that in our own language. All our thought has been running in the——

The motion was subsequently rejected.

The House adjourned at 7 p.m. until Saturday morning.



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