The Treaty Debates
Home

Bookmarks     Introduction     Links
Wednesday December 14th

Whether to go into private session

Their "original credentials"

Their "further instructions"

"Not binding until the Dáil ratifies it"

Were the credentials presented?

Monday December 19th

The real reason Dev went into private session

Griffith moves for ratification

Sean MacKeon seconds it

De Valera opposes

Signed "under duress"

Different interpretations on how to "do the best for the Irish people"

Proof: black flags in the streets of Dublin if the King came

The Irish people, our masters, meant what they said

Words do mean something

Setting boundaries on the march of a nation

Ireland did not spring from England as did Australia, Canada and New Zealand

"Once to every nation comes ...."

Whether to take a false oath to King George V

Collins answers his critics

The people whom you represent ....

How the 'association' of Ireland ... not the 'recognition' of Ireland ...

The freedom to achieve freedom

It was not signed under personal intimidation

We were not in the position of conquerors dictating terms

The removal of (Britain's) military strength is the beginning of our freedom

Association with Commonwealth Countries gives some protection

My own interpretation against the interpretation of any Englishman

Protection against the re-invasion of England

Economic penetration goes on

Rejection of the Treaty is a declaration of war

Without the Irish people committing themselves to war

Fighting against the Irish Nation on principle?

1st Principle:  Government by the consent of the governed

We have stated we would not coerce the North-East

America did not recognise the Irish Republic

Erskine Childers

Unlike Canada we do not control our important ports

Ireland's freedom will depend on an Act of the British Parliament

 Subject (of course) to the terms of this agreement

The Governor-General, will have power to give or refuse assent to Irish legislation

The Irish Parliament is going to be jealously watched from over the water

Recognise the British Government in Ireland, and your rights and independence are lost for ever

This Treaty is a step backward

You desire to be free, we recognise you must be

No such act was ever performed before

Kevin O'Higgins

Deputy Childers explained how much nicer it would be to get better terms

External associate

The privacy of Document No. 2 again

Without a reasonable prospect of achieving more

Who will bear responsibility for terrible and immediate war?

 The remaining ties are not voluntary, insisted upon with threats of war

The chieftains of the Irish clans swore allegiance to Henry VIII

Everything is conditional on our Constitution being respected

Everyone knows we will be represented in the League of Nations

 What had posterity ever done for him?

What remains may be won by agreement and by peaceful political evolution

Sean McSwiney

R. C. Barton

The lesser of alternative outrages

He gave us until 10 o'clock

Tuesday, December 20th, 1921

Sean Etchingham

Finian Lynch

Mrs. O'Callaghan

P. Hogan

Sean T. O'Ceallaigh

 

   
I thought I knew Irish history until I took the time to read the Treaty Debates. I learned more from them than from everything I had read, seen or heard before. I have now read them several times and continue to glean new insights with every reading.

I would urge any student of Irish history to study these debates as diligently as students of American history study The Federalist Papers. Indeed the Treaty Debates are far more direct and authentic than the Federalist Papers, which were written for the purpose of gaining popular support for the then-proposed Constitution.

The Treaty Debates on the other hand is a complete and accurate verbatim account of each Dail participant's contribution. It makes fascinating reading.

For decades the Irish people have been reluctant to revisit the Treaty controversy because it involved a short-lived but bitter civil war in 1922/23. Some of the people you will read below died in that civil war and memories have been long and equally bitter.

But I would urge all Irish people today to reread the debates as they illuminate current politics and events in a  most surprising way. To my reading many of the fears expressed by the anti-treaty faction, while sincerely held at the time, have proven to be unfounded. Many of the reassurances given by the pro-treaty faction have proven to be prophetic.

But most importantly of all, many of the powerful points made on each side of the argument have been either forgotten or become so distorted that they are unrecognizable. It is to the great credit of the participants in the debates, on both sides, that they went to great trouble to ensure that every word was taken down, not by one note-taker but by many. They even ensured that the press and note-takers were in positions to hear every word and when there was any doubt about somebody being heard they were asked to repeat what they said and asked to speak up in future.

The participants were acutely aware of the great issues before them and the enormous weight of responsibility placed on their shoulders. Ireland at the time had one of the highest literacy rates in the world. There was enormous daily interest in the proceedings in Dublin and almost everybody in the country either read or had the day's debate read to them each evening. Everybody had an opinion.

The result was exactly what the elected representatives wanted: there could be no doubt about the fact that whatever the final decision, history would record that it was made with the highest possible participation and understanding of everybody in the country. It was an extraordinary demonstration of democracy and a great beginning for a new country. When the vote was taken, every representative swore that they voted in total fidelity to the people they represented. It is essential reading today.
    The Treaty Document
    The Treaty Debates    
   


Debate on the Treaty between Great Britain and Ireland, signed in London on the 6th December 1921: Sessions 14 December 1921 to 10 January 1922
: Author: The Deputies of Dáil Eireann

DÁIL EIREANN PUBLIC SESSION Wednesday, December 14th, 1921

The meeting of Dáil Eireann to deal with the Peace Treaty began in the Council Chamber, University College, Dublin, on Wednesday, December 14th, 1921. The Speaker (Dr. Eoin Mac Neill National University and Derry) took the Chair at 11.30 a.m., and immediately opened the proceedings by saying:

SPEAKER

In ainm De, glaodhfaimíd an rolla.

The Clerk to the Dáil, Mr. Diarmuid O hEigceartuigh, called the roll.

PRESIDENT DE VALERA said:

Tá fhios againn go leir ce an fáth go bhfuilimíd anso iniu agus an cheist mhór atá againn le socrú. Níl mo chuid Gaedhilge chó maith agus ba mhaith liom í bheith. Is fearr is feidir liom mo smaointe do nochtadh as Beurla, agus dá bhrí sin is dóich liom gurbh fhearra dhom labhairt as Beurla ar fad. Some of the members do not know Irish, I think, and consequently what I shall say will be in English. The question we have to decide is one which ought to be decided on its merits, and it would be very unfortunate if extraneous matters such as what I might call an accidental division of opinion of the Cabinet, or the causes which gave rise to it, should cut across these considerations. I think, therefore, it would be wise to give a short narrative of the circumstances under which the plenipotentiaries were appointed, and to explain the terms of reference, if I might call them so, or directions given to them, and to explain them in so far as I can do so, consistent with public interest. If anybody wants a mere detailed explanation, or wants to probe into the difference of opinion more deeply, we can do so at a private session. We can easily resolve ourselves into a private session and go fully into the matter. Really there is nothing extraordinary in the division of opinion, for this reason, that when the plenipotentiaries would report, it was obvious the Cabinet would have to take a policy. Either the whole Cabinet would have to go over-if the possibility of division was to be eliminated, the whole Cabinet should take responsibility for the negotiations, which was a thing that would not be desirable for other reasons. Even if they did there might be divisions. You could scarcely eliminate differences of opinion. It was necessary then either that the plenipotentiaries should be a whole Cabinet or that there should be other persons than members of the Cabinet. What we did was, we selected three members of the Cabinet with two others and it was obvious if these plenipotentiaries were to be in a position to do the work given to them they should have full powers of negotiation. At the two meetings of the Dáil at which they were appointed I made it quite clear that my own point of view, and the point of view of the Cabinet as a whole - at least I took responsibility for saying it was the view of the Cabinet- was that the plenipotentiaries should have full plenary powers to negotiate, with the understanding, however, that when they reported, the Cabinet would decide its policy, and whatever arrangement they arrived at, it would have to be submitted to the Dáil for ratification. The question of committing the country completely without ratification by the Dáil was of course out of the question. This assembly would not have sent any five men to negotiate a treaty which would bind the nation without some chance of a larger body of representatives of the nation having an opportunity of criticising and reviewing it, and, I would say under the circumstances, of the nation itself reviewing it. Now, that was quite a common sense understanding. They had to have the plenary powers in order to be able to do their work. If there was a definite difference of opinion, it was the plenipotentiaries had the responsibility of making up their own minds and deciding on it. we had ourselves the right of refusing to agree with them, if we thought that was right. It was also obvious that the Cabinet and the plenipotentiaries should keep in the closest possible touch. We did that. We were in agreement up to a certain point. A definite question had then to be decided and we did not agree. I do not know if the Chairman of the Delegation or the plenipotentiaries would have any objection---it would not in any way interfere with public interests---if the Cabinet instructions were given. Is there any objection? I do not think there is.

Mr. ARTHUR GRIFFITH (MINISTER FOR FOREIGN AFFAIRS):

No.

PRESIDENT DE VALERA:

Here is the actual text of the instructions which I wrote with my own hand at the Cabinet meeting on the 7th October:-

¶1] The Plenipotentiaries have full powers as defined in their credentials.

¶2] It is understood before decisions are finally reached on the main question, that a dispatch notifying the intention to make these decisions will be sent to members of the Cabinet in Dublin, and that a reply will be awaited by the Plenipotentiaries before final decision is made.

¶3] It is also understood that the complete text of the draft treaty about to be signed will be similarly submitted to Dublin, and reply awaited.

Now I want you to pay particular attention to that particular paragraph. The instructions proceed:

¶4] In case of a break, the text of the final proposals from our side will be similarly submitted.

¶5] It is understood the Cabinet in Dublin will be kept regularly in- formed of the progress of the negotiations.

That was all done with the exception of paragraph three. It is obvious that a treaty which would be a lasting agreement between two nations, and which may govern the relations of nations for centuries, is a document which, even when you have agreed upon the fundamental principles, should be most care fully examined. My idea was when the plenipotentiaries had arrived at an agreement on the treaty, and had a rough copy of a document which they were prepared to sign, that document, in its full text, would be transmitted, because in the case of a treaty, even verbal, the exact form of words is of tremendous importance. I have only to say with respect to paragraph three that the final text was not submitted. When the previous draft, which considerably differed from the final text, was submitted, that I said I could not sign, and I do not think the other members of the Cabinet, whose views on a vital question we had to determine for ourselves earlier, would sign. With the knowledge that we could not accept that, the plenipotentiaries, acting in accordance with their rights, signed the treaty, and as far as the relations between the Cabinet and the plenipotentiaries are concerned, the only point is that paragraph three was not carried out to the letter. This was most important, and I feel myself, had it been done, we might have got complete agreement between the Cabinet and the plenipotentiaries. I say that in order that everyone may realise that this is a case of a difference of opinion between two bodies, which in a case like this would naturally and did naturally arise, and therefore I am anxious that it should not in any way interfere with the discussion on the treaty which the plenipotentiaries have brought to us. We are to treat it on its merits. Just as you probably will hold different opinions on the merits of it, so we in the Cabinet hold different opinions on it. The main question at issue as far back as the third week in October was decided by us, and, those who were in favour of the decision on the side I am taking were certainly a majority of the Cabinet, though the whole Cabinet was not present at the meeting. I am ready to answer any questions about the conduct of the negotiations that may be in the public interest, and if there are any questions, or any matter which you wish to probe, further that is not in the public interest, I would be glad to answer it in a private session so that you may understand it thoroughly.

Mr. P. O'KEEFFE (Cork):

Chím anso rún ar an gclár ón Dr. de Faoite. Ba mhaith liom fhios a bheith agam an bhfuil se chun an rún san do chur os cóir na Dála iniu What is to be done in regard to Dr. White's motion that the session be held in private? I want to know is Dr. White going to move the resolution in connection with the notice of motion on the agenda to-day.

MR. A. GRIFFITH (MINISTER FOR FOREIGN AFFAIRS):

I wish to say as regards any suggestion that the plenipotentiaries exceeded their instructions, that I, as Chairman of the Delegation, immediately controvert it.

PRESIDENT DE VALERA:

It will settle nothing if one says one thing and another says the other. What I said, and I think it will be made evident by an examination, if anybody wishes to appoint three or four independently to look into the matter, it will be made evident that paragraph three of the instructions was not exceeded; but paragraph three was not carried out. The Treaty was signed in the small hours of the morning after the text---after certain alterations had been made, and we never saw the alterations. Had I seen it, I would have used any influence I had to try to secure unanimity in the matter, and then if we could not secure unanimity, we knew where we were. The chance was lost by the fact that after certain alterations had been made, instead of sending the final draft to us, and taking time over it, so that matters could be fully considered, it was rushed unfortunately. That is all I have got to say about it.

MR. MICHAEL COLLINS (MINISTER FOR FINANCE):

The original terms that were served on each member of the delegation have not been read out. The thing has already taken an unfair aspect and I am against a private session. I have no particular feeling about it. I suggest that a vital matter for the representatives of the nation, and the nation itself, is that the final document which was agreed on by a united Cabinet, should be put side by side with the final document which the Delegation of Plenipotentiaries did not sign as a treaty, but did sign on the understanding that each signatory would recommend it to the Dáil for acceptance.

DR. V. WHITE (WATERFORD):

I formally propose that this meeting of the Dáil, and, if the Dáil approve of it, subsequent meetings also, be held in private. Of course this does not preclude having a session of the Dáil, so approved, public. I do move this resolution as an humble member of the Dáil, because I for one respectfully submit to all concerned that certain points---if I might say so, certain obstructions---require to be cleared away before this all- important, this terrible question, is decided one way or the other. My chief reasons for suggesting to the Dáil a private meeting at first are these. These points must, I respectfully suggest, be cleared up, and secondly, in a private meeting I think it will be generally conceded that members of any assembly where such an important question arises will talk more freely and will ask questions with greater facility. I will not weary the Dáil further, but will formally move that this meeting of the Dáil and, if the Dáil so approves, other meetings, be held in private.

Mr. P. O'KEEFFE (CORK):

I beg to second Dr. White's motion.

Mr. D. CEANNT (CORK):

I move that this session and other sessions be held in public. I am thoroughly dissatisfied with the information we are getting here from time to time. During the last five or six months---during the truce---my constituents at home could tell me that letters have been received from members of the staff that the whole question was settled up two months ago. And yet we are going around the country without knowing a thing about it. What I want to say is to repeat what I have been saying to my constituents for the last five or six years. What I am now about to do and say I am quite prepared to do publicly. I move that this and all other sessions be public.

Mr. J. O'DWYER (CO. DUBLIN):

I think nobody in this Dáil has the slightest reason to fear publicity. There is this to be feared, that we here with this enormous responsibility cast upon us may be slightly over-awed in the first place by the presence of people who have not got the responsibility that we have. Number two, I feel that we are all young men and young women in this very important departure in our national affairs, and it is quite possible that with the best intentions in the world that we will say things which will bear a construction that we do not intend. For that reason more than for any other reason, not because I personally fear publicity, but to secure in the first place a full and free discussion and in the second place to secure that afterwards we will not be misunderstood, I support very strongly Dr. White's motion.

MR. R. J. MULCAHY (DUBLIN):

I propose as an amendment that whatever explanations may be required as to the genesis of the present document, and the present situation, be conducted in private session but that the motion for the ratification of the Treaty be brought forward and discussed, and all matters in connection with it dealt with at the public session.

PRESIDENT DE VALERA:

I second that. It is obviously the reasonable way of dealing with it. This question of finding out how differences of opinion arose is the only question that cannot be probed except in private, whereas the big question is a matter for the whole nation obviously and it should be held in public. The reason for introducing the explanation at the start on my part is that I want to try to get rid of any misunderstanding that might be caused by a division of the Cabinet. There are rumours of various sorts going about and statements being made, such as, for instance, the statement made by one of the members of the delegation just now, which are not really a fact. That can be decided only in a private session satisfactorily. I am very glad to support the motion of the Member for Clontarf.

MR. SEAN MCENTEE (CO. MONAGHAN):

I am sorry that I find I have to differ from the President in this matter. It is quite obvious one of the factors which must determine the position of the Dáil is whether the Dáil is in honour or otherwise bound to ratify the treaty proposed to them. You cannot, no matter how you try to do it, disassociate the question from the question of whether plenipotentiaries have exceeded the powers or instructions given to them. There are some of us to-day who may be called upon later to justify the positions they are taking before the country. Every factor that determines the position ought to be made plain to the public and we ought to be able to say to ourselves, and to say it without fear of contradiction---and there are the public facts to prove it---that we were not bound to ratify the treaty which the delegates proposed to us. For that reason there ought to be no private session of the Dáil except upon one subject---that which relates to our military, financial or other resources. Remember the Treaty is not yet ratified. Anything like that which would give information to the enemy or would be helpful to them in the subversion of Irish liberties should be private; but all other matters---any matter in which every person in this island is fully interested---ought to be decided openly and in public.

MR. SEAN MCGARRY (DUBLIN):

I agree with Mr. McEntee. There are one or two little points that ought to be decided in private session. I wish this session of the Dáil could be held on the Curragh, so that every man, woman and child in Ireland could hear us. We are entitled to tell the public what the difference is, and what difference has been. We have a responsibility to the public that elected us without question.

MR. J. J. WALSH (CORK):

I must say I am in entire agreement with Mr. McEntee. There is nothing which I am entitled to hear at this meeting which every member of the Irish nation has not an equal right to hear.

MR. SEAN ETCHINGHAM (WEXFORD):

I agree with the Member for Monaghan. There are matters that should be dealt with in private, but apart from these, I am anxious that these proceedings should be conducted before the representatives of the world's Press in the manner in which the Irish Parliament should be conducted. The country has been kept in the dark and the people are saying so. The liberty and interests of Ireland are the concern of every man and woman and boy and girl, and they should be as conversant with it as any of us. Let us have all the public discussion we can. The Member for Dublin says he would like to have this meeting at the Curragh, but we could not be heard down there (laughter). It would be just like the remark of the Minister for Foreign Affairs, which we would not hear down here. Let us have a public session ; let us thresh this thing out. We have nothing to fear, any of us. I believe we are all here in the interests of Ireland.

MR. MICHAEL COLLINS (MINISTER FOR FINANCE):

I am not in favour of a private session in so far as anything that the Dáil has a right to know, and in so far as anything that the Irish people, who are our masters, have a right to know. There may be differences of opinion between some of us---differences as to past and future action---that members of the Dáil would be ultimately concerned in before they would make up their minds whether or not there would be a private session or whether or not the terms should be ratified. I must again protest against what I call an unfair action, and I do not call it unfair except from this point of view. If one document had to be read the original document, which was a prior document, should have been read first. I must ask the liberty of reading the original document which was served on each member of the delegation of plenipotentiaries.

PRESIDENT DE VALERA:

Is that the one with the original credentials?

MR. MICHAEL COLLINS (MINISTER fOR FINANCE):

Yes.

PRESIDENT DE VALERA:

Was that ever presented? It was given in order to get the British Government to recognise the Irish Republic. Was that document giving the credentials of the accredited representatives from the Irish Government to the British Government presented to, or accepted by, the British delegates? Was that taken by the British delegates or accepted by them?

MR. A. GRIFFITH (MINISTER FOR FOREIGN AFFAIRS):

We had no instructions to present it.

PRESIDENT DE VALERA:

I am asking a question.

MR. MICHAEL COLLINS (MINISTER FOR FINANCE):

May I ask that I be allowed to speak without interruption?

PRESIDENT DE VALERA:

I must protest.

MR. P. O'KEEFFE (CORK):

The House has a right to decide the motion that is before it. The Irish people are our masters and we are the masters of our Cabinet.

THE SPEAKER:

Order; we must have order.

MR. MICHAEL COLLINS (MINISTER FOR FINANCE):

I only ask that I be allowed to speak without interruption. I am not going to interrupt any speaker and that is a small right to ask. The original credentials were presented and they read:

In virtue of the authority vested in me by Dáil Eireann, I hereby appoint Arthur Griffith, T.D., Minister for Foreign Affairs, Chairman; Michael Collins, T.D., Minister for Finance; Robert C. Barton, T.D., Minister for Economic Affairs; Edmund J. Duggan, T.D.; and George Gavan Duffy, T.D. as envoys plenipotentiaries from the elected Government of the Republic of Ireland to negotiate and conclude on behalf of Ireland, with the representatives of his Britannic Majesty George V. a treaty or treaties of settlement, association and accommodation between Ireland and the community of nations, known as the British Commonwealth. In witness hereof I hereunder subscribe my name as President.

Signed
EAMON DE VALERA
and that was sealed with the official seal of Dáil Eireann and dated the 7th day of October, 1921. Then there were five identical credentials. Now I do not object to the second document being read, but the prior document should have been read first and we have agreed, those of us who differ---those of us who take one stand---to make no statement which would in any way prejudge the issue until this meeting of Dáil Eireann. Publicly and privately we did not prejudge the issue; we even refrained from speaking to members of the Dáil. I have not said a hard word about anybody. I know I have been called a traitor. [Cries of `no, no'].

PRESIDENT DE VALERA:

By whom?

MR. MICHAEL COLLINS (MINISTER FOR FINANCE):

If I am a traitor, let the Irish people decide it or not, and if there are men who act towards me as a traitor I am prepared to meet them anywhere, any time, now as in the past. For that reason I do not want the issue prejudged. I am in favour of a public session here now. I understand that members of the Dáil may differ as to the advantage to be gained on one side or the other by a private session. If there is anything, any matter of detail, if, for instance, the differences between plenipotentiaries, and the differences as they arose from time to time, should be discussed first in private, I am of opinion that having discussed it in private, I think we ought then to be able to make it public. I am willing to go so far as that; that is only detail. But on the essentials I am for publicity now and all along. May I just put one point right? It is important that it should be stated because it rather puts us at a disadvantage. I agree with what the President said that the honour of Ireland was not involved in accepting this document. Ireland is fully free to accept or reject. Many a parliament of a country has refused to accept decisions of plenipotentiaries even if these decisions might be considered legally and morally more binding than the present decisions. I can only make plain again that the document is agreed to by the signatories and recommended to the Dáil for acceptance. If the Dáil do not accept it, I as one of the signatories will be relieved of all responsibility for myself, but I am bound to recommend it over my signature and of course we are bound to take action---whatever action was implied by our signing the document. The Dáil is perfectly free to accept or reject, we are only bound to recommend it to the Dáil for acceptance. The Articles of Agreement are put forward on our recommendation. That ought to be quite clear here, and ought to be equally clear to the public of this country, and the other country, the representatives of which have their signatures on the document also.

PRESIDENT DE VALERA:

The main point is settled. By the admission of the delegates themselves, and it is the only thing we are concerned with here, we did not send them, and it would be ridiculous to think that we could send five men to complete a treaty without the right of ratification by this assembly. That is the only thing that matters. Therefore it is agreed that this Treaty is simply an agreement and that it is not binding until the Dáil ratifies it. That is what we are concerned with. Now as to the differences that have arisen. I did not read out that first document because I was informed that it had not been accepted, in other words it had not been presented. It was given to safeguard the plenipotentiaries going over in case they should be asked by one Government from another: `Where is your authority to negotiate a Treaty with us?' I am very glad to know that the Prime Minister has accepted that document from the Irish Republic. Now we all can go back to meetings of the Dáil. At these meetings I made our position perfectly clear, that the plenipotentiaries were to have the fullest freedom possible. It would be ridiculous to send them over if we were all the time to interfere with them from Dublin. There was an understanding that certain things would be done so that we in Dublin would be in a position to help in so far as we could help to come to an agreement or explain disagreements. The most important paragraph in these instructions, and its importance will at once appeal to every reasonable person, was paragraph 3, which laid down that a complete draft of the Treaty should be submitted to Dublin and a reply awaited. That is a document every line of which was going to govern the relations of two countries for perhaps centuries, and it was important that that document should not be hurriedly signed and that there should be a certain delay. In fact one of the reasons I did not want to be a member of the delegation was that the delegation should be provided against hasty action. I do not mean to say that if we had signed finally the document it would have mattered. There would have probably been a division. I would not have referred to it at all but all sorts of misunderstandings have been created in the minds of the people about it. I want to get rid of that as a disturbing factor in your minds when making out the merits, or not, of the agreement; we hold one view, the delegates another.

MR. M. HAYES (NATIONAL UNIVERSITY):

There is a motion before the House, and the motion distinctly provides that the ratification should be moved in public, and therefore it seems to me that members who desire to speak will get ample opportunities for stating their views in public. I think that every member of this House should state his or her views for or against the ratification of this treaty in the most public manner possible. The motion before the House provides for that---that a public session shall be held on the motion for ratification. In regard to other matters---our resources, military, financial or otherwise---questions relating to matters of this kind should surely be dealt with in private. I think, therefore, you should begin with a private session, on the understanding as clearly defined by the motion, that when the question of ratification comes up it should be discussed in public.

THE SPEAKER:

I suggest that Dr. White's motion and the motion of the Member for Clontarf Division might be reconciled in this form---that the Dáil go temporarily into private session.

DR. WHITE (WATERFORD):

I am quite agreeable to that suggestion.

MR. CATHAL BRUGHA (MINISTER FOR DEFENCE):

Táim-se na choinnibh sin. Do reir a bhfuil ráite ag sna daoine atá i bhfabhar an tsocruithe níl einní acu le ceilt. I object to a private session.

MR. J. J. O'KELLY (LOUTH):

On a point of order there is one important matter I would like to clear up. The President has stated on the authority of the Minister for Finance that the original document read by the Minister for Finance was presented to and accepted by the British Premier. Now I would like anyone here to have impressed on him the importance of that statement and of that position. I would like to put that question for a final and authoritative answer as to the document referred to having been presented to the Prime Minister and accepted by the Prime Minister as the original credentials of our delegation.

MR. MICHAEL COLLINS (MINISTER FOR FINANCE):

I do not wish to create a wrong impression. I did not say accepted, I said presented.

PRESIDENT DE VALERA:

It is very important on the question being bound. We are dealing with other people who have signed the Treaty. If these people were led to understand that the signing of that Treaty ended the matter, then we have nothing here to do. If any document was presented to them that would give them the impression, and if they accepted that document and wished to interpret into the word conclude that ratification was not necessary, that would be in despite of the fact that we here in appointing plenipotentiaries in two sessions made it clear ratification was necessary.

THE SPEAKER:

We must dispose of the motion.

MR. A. STACK (MINISTER FOR HOME AFFAIRS):

Clear up the point.

PRESIDENT DE VALERA:

This is a most important matter. In the original credentials, in order to give them the fullest powers, they were empowered---using the technical term---to negotiate and conclude a Treaty. Evidently the Minister for Finance wishes to lay stress on the word conclude.

MR. MICHAEL COLLINS (MINISTER FOR FINANCE):

No, sir.

PRESIDENT DE VALERA:

What is the point then of raising the original credentials, if the word conclude did not mean that when you had signed it was ended. I want to know whether the delegation of the British Government accepted these credentials as the basis.

MR. M. P. COLIVET (LIMERICK):

There is a motion before the House that we go into private session.

PRESIDENT DE VALERA:

It is most important that we should know where we are in this matter. The honour of this nation, which is dear to us, is at stake; I say it was never intended that the plenipotentiaries---that the five people sent from this nation---should have power to bind this nation by their signatures irrevocably. There is no sense making a point of my original credentials unless it means conclude. The whole bearing of that would have to be considered from a very technical point of view. It is a technical term. Lest there should be any misunderstanding about it I want to know whether the British Government accepted the credentials as the basis on which they accepted you as plenipotentiaries to negotiate a treaty or not.

Dr. MCCARTAN (LEIX AND OFFALY):

I do not think the question arises. The delegates had full powers to conclude a Treaty, and that treaty has to be submitted to the Dáil as it has to be submitted to the British Legislature. The Delegates had power to conclude a Treaty. They had plenary powers and it is for us now to accept or reject what they have agreed to. The argument about the word conclude does not arise.

MR. SEAN MCGARRY (DUBLIN):

I think that the question of the right of the Dáil to ratify or reject the agreement has never been questioned.

PRESIDENT DE VALERA:

It was suggested that I was hiding something from the House.

THE SPEAKER:

The House is really discussing Motion No. 2.

MR. A. GRIFFITH (MINISTER FOR FOREIGN AFFAIRS):

There will be no wrong impression at all events in the minds of members who have to vote. These credentials were carried from President de Valera. We were instructed if the British Delegates asked for credentials to present them.

MR. A. STACK (MINISTER FOR HOME AFFAIRS):

They were not presented.

MR. A. GRIFFITH (MINISTER FOR FOREIGN AFFAIRS):

I believe Mr. Lloyd George saw the document. They were not presented or accepted. The point President de VALERA wants to know about is as to whether we considered that we had full power to make a treaty to bind the nation without the Dáil being consulted. Now the British Ministers did not sign the Treaty to bind their nation. They had to go to their Parliament and we to ours for ratification.

MR. LIAM DE ROISTE (CORK):

As one who in previous sessions stood up for the rights of the private members, I think that the motion should be put. I think the members of the Dáil here are masters of the Cabinet as the Irish people are ours. I must ask you as Chairman of this assembly to put the motion.

THE SPEAKER:

I made a suggestion to get the motion into satisfactory form. The motion in Dr. White's name is that the session be held in private. That would mean the whole session. The amendment by the Member for Clontarf Division is unnecessarily long, I think. To my mind it would be sufficient if it said that the Dáil was to go temporarily into private session, because when it does go into private session you cannot limit the points the Dáil may discuss. Therefore I suggest that it would meet the case that the Dáil should go temporarily into private session.

MR. G. GAVAN DUFFY (CO. DUBLIN):

I hope the Speaker's suggestion will not be accepted. The amendment of the Member for Clontarf restricts the public session. I have no objection to that as long as the motion for the ratification of the Treaty will be discussed in public.

THE SPEAKER:

I have not made any suggestion that would limit public discussion. In fact the only point in my mind is to simplify procedure.

MR. D. O'CALLAGHAN (CORK):

Upon this question of a public session may I suggest that we are all vitally concerned in the matter before us and that we will not be found lined up for or against ratification, and that our attitude will not be for the justification of one particular set of men or another, but having before us the unquestioned patriotism of every man and woman in the Dáil, that the only concern of every individual member of the Dáil or Cabinet is the best interests of the country. I think, and I am not very optimistic in that, that the result will not be a barren discussion one way or another, meaning naturally disaster to the country, but will result in a decision which will be satisfactory from the point of view of all concerned here and to the country as a whole.

MR. SEAN ETCHINGHAM (WEXFORD):

We have had the President's statement. Are we going to consider the ratification of the Treaty?

THE SPEAKER:

The Member for Wexford has spoken already.

MR. A. STACK (MINISTER FOR HOME AFFAIRS):

Would I be in order in making a further amendment?

THE SPEAKER:

Not until the amendment by the Member for Clontarf is disposed of. It is:

That any explanations as regards the genesis of the Proposed Treaty in the present situation be given and discussed in Private session, but that the introduction of the proposed Treaty itself and the discussion thereon take place in public session.

The amendment was put and carried.

MR. A. STACK (MINISTER FOR HOME AFFAIRS):

I move the further amendment:

That the session of An Dáil be held in public until such time as a matter arises which the Dáil considers should be discussed in Private session.

COUNTESS MARKIEVICZ (MINISTER FOR LABOUR)

Seconded.

MR. COSGRAVE (MINISTER FOR LOCAL GOVERNMENT):

May I respectfully draw your attention to No. 8 of the rules of debate by members, which states that the subject under discussion should be kept to, and another rule is that a member is not allowed to speak more than once.

The SPEAKER was proceeding to put the amendment to the House, when,

MR.D. MCCARTHY (DUBLIN):

Do you really think that in order? I do not think it is an amendment at all.

THE SPEAKER:

Oh, yes, it is a valid amendment?

MR. M. P. COLIVET (LIMERICK):

Is not the last amendment a direct negative to the previous amendment?

PRESIDENT DE VALERA:

I suggest that some people think if we go into private session that we might not come out in public session at all.

MR. M. HAYES (NATIONAL UNIVERSITY):

We must go into public session on the motion for the ratification of this Treaty.

THE SPEAKER:

The difficulty with regard to the amendment is that it does not regulate any time at which the private session should take place.

MR. CATHAL BRUGHA (MINISTER FOR DEFENCE):

Whenever anyone thinks that we should go into private session let him say so, and let him tell us the reason why we should do so.

MR. S. MILROY (CAVAN AND FERMANAGH):

I think so far as this last amendment is concerned it resembles something like a Jack-in-the-Box as regards when we retire into private and come out into public session.

THE SPEAKER:

Certainly, it would raise a great difficulty in regard to the order of procedure.

MR. J. MCDONAGH (DIRECTOR OF BELFAST BOYCOTT):

The only thing I think that should be definite is that the question of the ratification of the Treaty should be in public session. If it is definitely decided that the question of the ratification has to be in public session I do not think anyone objects to a private session before that---if it is absolutely understood that the ratification of the treaty should be in public.

THE SPEAKER:

I take that to be the unanimous desire of the Dáil.

MR. R. MULCAHY (DUBLIN):

The objection I see to the amendment is that the question of private or public session will cross the tracks of every single question requiring explanation that comes before us.

MR. CATHAL BRUGHA (MINISTER FOR DEFENCE):

Therefore do not go into private session.

THE SPEAKER:

It is the general wish that the motion for ratification should be discussed in public session. In putting the amendment I do not see how I or anyone in my place can regulate the order of procedure.

The SPEAKER put the amendment which was defeated and the previous amendment was put as a substantive motion and passed.

MR. MICHAEL COLLINS (MINISTER FOR FINANCE):

I suggest it is only right to the Press and public that we should give definite times and state the limit of the private session so that they may be facilitated.

PRESIDENT DE VALERA:

I propose that we take the private session this afternoon and that we go into public session at 11 o'clock in the morning. This means that we continue the meeting this afternoon, and we meet tomorrow for the sole question of ratification.

THE SPEAKER:

I suggest it would save trouble to retire now, if we adjourn until the afternoon session.

PRESIDENT DE VALERA:

I suggest we keep on until 2 o'clock. We probably could dispose of the points of difference in an hour. If not we can meet again at 3.30. I propose we should meet in private session until 2 o'clock and if not finished then we shall resume at 3.30, and that when we meet to-morrow morning at 11 o'clock we shall take the motion on the question of ratification.

This concluded the public sitting.

DÁIL EIREANN PUBLIC SESSION Monday, December 19th, 1921

THE SPEAKER (DR. EOIN MAC NEILL) took the Chair at 11.25 a.m. The Secretary, MR. Diarmuid O hEigceartuigh, called the roll.

THE SPEAKER:

The President informs the House that the document presented to the Dáil for a certain purpose at the Private Session is now withdrawn and must be regarded as confidential until he brings his own proposal forward formally.

MR. A. GRIFFITH (MINISTER FOR FOREIGN AFFAIRS):

Am I to understand, Sir, that that document we discussed at the Private Session is to be withheld from the Irish people?

PRESIDENT DE VALERA:

No. But I don't want to have the debate interfered with, the direct debate on the Treaty, by a discussion on a secondary document put forward for a certain purpose in Private Session. That document will be put forward in its proper place.

MR. GRIFFITH (MINISTER FOR FOREIGN AFFAIRS):

I want to know is the document we discussed as an alternative to be withheld from the Irish people, or is it to be published in the Press for the people to see?

PRESIDENT DE VALERA:

I put forward the document for a distinct purpose to see whether we could get a unanimous proposition by this House. That has not been achieved. I am going to put forward the proposal myself definitely to this House as my own proposition which I stand for. That was for a different purpose.

MR. SEAN MILROY (CAVAN):

Before that document can be regarded as private, I think the President will have to get the assent of this House. We weren't informed it was merely for private discussion. This is a matter that goes to the root of the whole issue before this House, and I think it a rather curious point to raise now when the Public Session has begun, that we should be informed that it is to be regarded as a confidential document. I, for my part, refuse until this House assents to that proposition.

THE SPEAKER:

We cannot have a discussion on this at this point. The only matter that arises is that the President's request as read out by me has been expressed to the House. We must now proceed with the orders of the day.

MR. GRIFFITH (MINISTER FOR FOREIGN AFFAIRS):

A Chinn Chomhairle, I submit I am here to move this. Are my hands to be tied by this document being withheld after we were discussing it for two days?

MADAME MARKIEVICZ (SOUTH DUBLIN):

I wish to say that when the document was given to me it was distinctly stated it was confidential, and I have treated it as such.

PRESIDENT DE VALERA:

I have no objection to the document going anywhere, except this, that I wanted this House, if possible, to have a united policy. I was prepared to stand on a certain document. It would cease to be of value unless it was a document that would command practically the unanimous approval of the assembly. It was given to the assembly distinctly on that understanding to get objections to it. I intend proposing what I want to stand on as my own proposition before the Irish people. That was not my proposal definitely; it was a paper put in in order to elicit views. I am ready to put my proposition in its proper place, both before this assembly and before the Irish nation. I have asked it to be treated as confidential because there are other documents necessary to explain its genesis. Unless you want all the confidential documents of the whole conference proceedings published, then I hold you cannot publish that.

MR. MICHAEL COLLINS (MINISTER FOR FINANCE):

I as a public representative cannot consent, if I am in a minority of one, in withholding from the Irish people my knowledge of what the alternative is. We have to deal with this matter in the full light of our own responsibility to our people, and I cannot in my public statement refrain from telling the Irish people what certain alternatives are.

PRESIDENT DE VALERA:

It is not proposed to withhold either that document or any documents from the Irish people, if this House wishes it, in its proper place, but I hold it is running across the course of the debate to introduce now for the public a document which has been discussed in Private Session. It means that the Private Session might as well not have been held.

THE SPEAKER:

I wish the members to understand that this is not a matter of the Chair's ruling that this document is confidential. It is simply a matter of a request made by the President and communicated by me to the Dáil, through the ordinary courtesy of procedure, as the President's desire. I do not make any ruling on it, but any discussion on it is out of order. We most proceed now with the orders of the day.

MR. GRIFFITH (MINISTER FOR FOREIGN AFFAIRS):

It is not a question of courtesy; it is not a question of the rules of procedure; it is a question of the lives and fortunes of the people of Ireland. While I shall so far as I can respect President de Valera's wish, I am not going to hide from the Irish people what the alternative is that is proposed. I move the motion standing in my name---

That Dáil Eireann approves of the Treaty between Great Britain and Ireland, signed in London on December 6th, 1921.

Nearly three months ago Dáil Eireann appointed plenipotentiaries to go to London to treat with the British Government and to make a bargain with them. We have made a bargain. We have brought it back. We were to go there to reconcile our aspirations with the association of the community of nations known as the British Empire. That task which was given to us was as hard as was ever placed on the shoulders of men. We faced that task; we knew that whatever happened we would have our critics, and we made up our minds to do whatever was right and disregard whatever criticism might occur. We could have shirked the responsibility. We did not seek to act as the plenipotentiaries; other men were asked and other men refused. We went. The responsibility is on our shoulders; we took the responsibility in London and we take the responsibility in Dublin. I signed that Treaty not as the ideal thing, but fully believing, as I believe now, it is a treaty honourable to Ireland, and safeguards the vital interests of Ireland.

And now by that Treaty I am going to stand, and every man with a scrap of honour who signed it is going to stand. It is for the Irish people---who are our masters [hear, hear] not our servants as some think---it is for the Irish people to say whether it is good enough. I hold that it is, and I hold that the Irish people---that 95 per cent of them believe it to be good enough. We are here, not as the dictators of the Irish People, but as the representatives of the Irish people, and if we misrepresent the Irish people, then the moral authority of Dáil Eireann, the strength behind it, and the fact that Dáil Eireann spoke the voice of the Irish people, is gone, and gone for ever. Now, the President--- and I am in a difficult position---does not wish a certain document referred to read. But I must refer to the substance of it. An effort has been made outside to represent that a certain number of men stood uncompromisingly on the rock of the Republic---the Republic, and nothing but the Republic.

It has been stated also here that the man who made this position, the man who won the war---Michael Collins---compromised Ireland's rights. In the letters that preceded the negotiations not once was a demand made for recognition of the Irish Republic. If it had been made we knew it would have BEEN refused. We went there to see how to reconcile the two positions, and I hold we have done it. The President does not wish this document to be read. What am I to do? What am I to say? Am I to keep my mouth shut and let the Irish people think about this uncompromising rock?

PRESIDENT DE VALERA:

I will make my position in my speech quite clear.

MR. GRIFFITH (MINISTER FOR FOREIGN AFFAIRS):

What we have to say is this, that the difference in this Cabinet and in this House is between half-recognising the British King and the British Empire, and between marching in, as one of the speakers said, with our heads up. The gentlemen on the other side are prepared to recognise the King of England as head of the British Commonwealth. They are prepared to go half in the Empire and half out. They are prepared to go into the Empire for war and peace and treaties, and to keep out for other matters, and that is what the Irish people have got to know is the difference. Does all this quibble of words---because it is merely a quibble of words---mean that Ireland is asked to throw away this Treaty and go back to war? So far as my power or voice extends, not one young Irishman's life shall be lost on that quibble. We owe responsibility to the Irish people. I feel my responsibility to the Irish people, and the Irish people must know, and know in every detail, the difference that exists between us, and the Irish people must be our judges. When the plenipotentiaries came back they were sought to be put in the dock. Well, if I am going to be tried, I am going to be tried by the people of Ireland [hear, hear]. Now this Treaty has been attacked. It has been examined with a microscope to find its defects, and this little thing and that little thing has been pointed out, and the people are told---one of the gentlemen said it here---that it was less even than the proposals of July. It is the first Treaty between the representatives of the Irish Government and the representatives of the English Government since 1172 signed on equal footing. It is the first Treaty that admits the equality of Ireland. It is a Treaty of equality, and because of that I am standing by it. We have come back from London with that Treaty---Saorstát na hEireann recognised---the Free State of Ireland. We have brought back the flag; we have brought back the evacuation of Ireland after 700 years by British troops and the formation of an Irish army [applause]. We have brought back to Ireland her full rights and powers of fiscal control. We have brought back to Ireland equality with England, equality with all nations which form that Commonwealth, and an equal voice in the direction of foreign affairs in peace and war. Well, we are told that that Treaty is a derogation from our status; that it is a Treaty not to be accepted, that it is a poor thing, and that the Irish people ought to go back and fight for something more, and that something more is what I describe as a quibble of words. Now, I shall have an opportunity later on of replying to the very formidably arranged criticism that is going to be levelled at the Treaty to show its defects. At all events, the Irish people are a people of great common sense. They know that a Treaty that gives them their flag and their Free State and their Army (cheers) is not a sham Treaty, and the sophists and the men of words will not mislead them, I tell you. In connection with the Treaty men said this and said that, and I was requested to get from Mr. Lloyd George a definite statement covering points in the Treaty which some gentlemen misunderstood. This is Mr. Lloyd George's letter:

10, Downing Street, S.W. 1 12th December, 1921.Sir,---

As doubts may be expressed regarding certain points not specifically mentioned in the Treaty terms, I think it is important that their meaning should be clearly understood.

The first question relates to the method of appointment of the Representatives of the Crown in Ireland. Article III. of the Agreement lays down that he is to be appointed `in like manner as the Governor-General of Canada and in accordance with the Practice observed in the making of such appointment'. This means that the Government of the Irish Free State will be consulted so as to ensure a selection acceptable to the Irish Government before any recommendation is made to his Majesty.

The second question is as to the scope of the Arbitration contemplated in Article V. regarding Ireland's liability for a share of War Pensions and the Public Debt. The procedure contemplated by the Conference was that the British Government should submit its claim, and that the Government of the Irish Free State should submit any counter-claim to which it thought Ireland entitled.

Upon the case so submitted the Arbitrators would decide after making such further inquiries as they might think necessary; their decision would then be final and binding on both parties. It is, of course, understood that the arbitrator or arbitrators to whom the case is referred shall be men as to whose impartiality both the British Government and the Government of the Irish Free State are satisfied.

The third question relates to the status of the Irish Free State. The special arrangements agreed between us in Articles VI., VII., VIII. and IX., which are not in the Canadian constitution, in no way affect status. They are necessitated by the proximity and interdependence of the two islands by conditions, that is, which do not exist in the case of Canada.

They in no way affect the position of the Irish Free State in the Commonwealth or its title to representation, like Canada, in the Assembly of the League of Nations. They were agreed between us for our mutual benefit, and have no bearing of any kind upon the question of status. It is our desire that Ireland shall rank as co-equal with the other nations of the Commonwealth, and we are ready to support her claim to a similar place in the League of Nations as soon as her new Constitution comes into effect.

The framing of that Constitution will be in the hands of the Irish Government, subject, of course, to the terms of Agreement, and to the pledges given in respect of the minority by the head of the Irish Delegation. The establishment and composition of the Second Chamber is, therefore, in the discretion of the Irish people. There is nothing in the Articles of Agreement to suggest that Ireland is in this respect bound to the Canadian model.

I may add that we propose to begin withdrawing the Military and Auxiliary Forces of the Crown in Southern Ireland when the Articles of Agreement are ratified.

I am, Sir, Your obedient Servant,
D. LLOYD GEORGE.

 

Various different methods of attack on this Treaty have been made. One of them was they did not mean to keep it. Well, they have ratified it, and it can come into operation inside a fortnight. We think they do mean to keep it if we keep it. They are pledged now before the world, pledged by their signature, and if they depart from it they will be disgraced and we will be stronger in the world's eyes than we are today. During the last few years a war was waged on the Irish people, and the Irish people defended themselves, and for a portion of that time, when President de Valera was in America, I had at least the responsibility on my shoulders of standing for all that was done in that defence, and I stood for it [applause]. I would stand for it again under similar conditions. Ireland was fighting then against an enemy that was striking at her life, and was denying her liberty, but in any contest that would follow the rejection of this offer Ireland would be fighting with the sympathy of the world against her, and with all the Dominions---all the nations that comprise the British Commonwealth---against her.

The position would be such that I believe no conscientious Irishman could take the responsibility for a single Irishman's life in that futile war. Now, many criticisms, I know, will be levelled against this Treaty; one in particular, one that is in many instances quite honest, it is the question of the oath. I ask the members to see what the oath is, to read it, not to misunderstand or misrepresent it. It is an oath of allegiance to the Constitution of the Free State of Ireland and of faithfulness to King George V. in his capacity as head and in virtue of the common citizenship of Ireland with Great Britain and the other nations comprising the British Commonwealth. That is an oath, I say, that any Irishman could take with honour. He pledges his allegiance to his country and to be faithful to this Treaty, and faithfulness after to the head of the British Commonwealth of Nations. If his country were unjustly used by any of the nations of that Commonwealth, or its head, then his allegiance is to his own country and his allegiance bids him to resist. [hear, hear]

We took an oath to the Irish Republic, but, as President de Valera himself said, he understood that oath to bind him to do the best he could for Ireland. So do we. We have done the best we could for Ireland. If the Irish people say `We have got everything else but the name Republic, and we will fight for it', I would say to them that they are fools, but I will follow in the ranks. I will take no responsibility. But the Irish people will not do that. Now it has become rather a custom for men to speak of what they did, and did not do, in the past. I am not going to speak of that aspect, except one thing. It is this. The prophet I followed throughout my life, the man whose words and teachings I tried to translate into practice in politics, the man whom I revered above all Irish patriots was Thomas Davis. In the hard way of fitting practical affairs into idealism I have made Thomas Davis my guide. I have never departed in my life one inch from the principles of Thomas Davis, and in signing this Treaty and bringing it here and asking Ireland to ratify it I am following Thomas Davis still. Later on, when coming to reply to criticism, I will deal with the other matters. Thomas Davis said:

Peace with England, alliance with England to some extent, and, under certain circumstances, confederation with England; but an Irish ambition, Irish hopes, strength, virtue, and rewards for the Irish.

That is what we have brought back, peace with England, alliance with England, confederation with England, an Ireland developing her own life, carving out her own way of existence, and rebuilding the Gaelic civilisation broken down at the battle of Kinsale. I say we have brought you that. I say we have translated Thomas Davis into the practical politics of the day. I ask then this Dáil to pass this resolution, and I ask the people of Ireland, and the Irish people everywhere, to ratify this Treaty, to end this bitter conflict of centuries, to end it for ever, to take away that poison that has been rankling in the two countries and ruining the relationship of good neighbours. Let us stand as free partners, equal with England, and make after 700 years the greatest revolution that has ever been made in the history of the world---a revolution of seeing the two countries standing not apart as enemies, but standing together as equals and as friends. I ask you, therefore, to pass this resolution [applause].

COMMANDANT SEAN MACKEON (LONGFORD AND WESTMEATH):

A Chinn Chomhairle I rise to second the motion, as proposed by the Deputy for West Cavan (Arthur Griffith) and Chairman of the Irish Delegation in London. In doing so, I take this course because I know I am doing it in the interests of my country, which I love. To me symbols, recognitions, shadows, have very little meaning. What I want, what the people of Ireland want, is not shadows but substances, and I hold that this Treaty between the two nations gives us not shadows but real substances, and for that reason I am ready to support it. Furthermore, this Treaty gives Ireland the chance for the first time in 700 years to develop her own life in her own way, to develop Ireland for all, every man and woman, without distinction of creed or class or politics. To me this Treaty gives me what I and my comrades fought for; it gives us for the first time in 700 years the evacuation of Britain's armed forces out of Ireland. It also gives me my hope and dream, our own Army, not half-equipped, but fully equipped, to defend our interests. If the Treaty were much worse in words than it is alleged to be, once it gave me these two things, I would take it and say as long as the armed forces of Britain are gone and the armed forces of Ireland remain, we can develop our own nation in our own way. Furthermore, when it gives us this army it simply means that it is a guarantee that England or England's King will be faithful to us. If he is not, if the King is not faithful to us, well, we will have somebody left who will defend our interests and see that they are safeguarded. It may seem rather peculiar that one like me who is regarded as an extremist should take this step. Yes, to the world and to Ireland I say I am an extremist, but it means that I have an extreme love of my country. It was love of my country that made me and every other Irishman take up arms to defend her. It was love of my country that made me ready, and every other Irishman ready, to die for her if necessary. This Treaty brings the freedom that is necessary, it brings the freedom that we all were ready to die for, that is, that Ireland be allowed to develop her own life in her own way, without any interference from any other Government whether English or otherwise [applause].

PRESIDENT DE VALERA:

I think it would scarcely be in accordance with Standing Orders of the Dáil if I were to move directly the rejection of this Treaty. I daresay, however, it will be sufficient that I should appeal to this House not to approve of the Treaty. We were elected by the Irish people, and did the Irish people think we were liars when we said that we meant to uphold the Republic, which was ratified by the vote of the people three years ago, and was further ratified---expressly ratified---by the vote of the people at the elections last May? When the proposal for negotiation came from the British Government asking that we should try by negotiation to reconcile Irish national aspirations with the association of nations forming the British Empire, there was no one here as strong as I was to make sure that every human attempt should be made to find whether such reconciliation was possible. I am against this Treaty because it does not reconcile Irish national aspirations with association with the British Government. I am against this Treaty, not because I am a man of war, but a man of peace. I am against this Treaty because it will not end the centuries of conflict between the two nations of Great Britain and Ireland.

We went out to effect such a reconciliation and we have brought back a thing which will not even reconcile our own people much less reconcile Britain and Ireland.

If there was to be reconciliation, it is obvious that the party in Ireland which typifies national aspirations for centuries should be satisfied, and the test of every agreement would be the test of whether the people were satisfied or not. A war-weary people will take things which are not in accordance with their aspirations. You may have a snatch election now, and you may get a vote of the people, but I will tell you that Treaty will renew the contest that is going to begin the same history that the Union began, and Lloyd George is going to have the same fruit for his labours as Pitt had. When in Downing Street the proposals to which we could unanimously assent in the Cabinet were practically turned down at the point of the pistol and immediate war was threatened upon our people. It was only then that this document was signed, and that document has been signed by plenipotentiaries, not perhaps individually under duress, but it has been signed, and would only affect this nation as a document signed under duress, and this nation would not respect it.

I wanted, and the Cabinet wanted, to get a document we could stand by, a document that could enable Irishmen to meet Englishmen and shake hands with them as fellow-citizens of the world. That document makes British authority our masters in Ireland. It was said that they had only an oath to the British King in virtue of common citizenship, but you have an oath to the Irish Constitution, and that Constitution will be a Constitution which will have the King of Great Britain as head of Ireland. You will swear allegiance to that Constitution and to that King; and if the representatives of the Republic should ask the people of Ireland to do that which is inconsistent with the Republic, I say they are subverting the Republic. It would be a surrender which was never heard of in Ireland since the days of Henry II.; and are we in this generation, which has made Irishmen famous through out the world, to sign our names to the most ignoble document that could be signed.

When I was in prison in solitary confinement our warders told us that we could go from our cells into the hall, which was about fifty feet by forty. We did go out from the cells to the hall, but we did not give our word to the British jailer that he had the right to detain us in prison because we got that privilege. Again on another occasion we were told that we could get out to a garden party, where we could see the flowers and the hills, but we did not for the privilege of going out to garden parties sign a document handing over our souls and bodies to the jailers. Rather than sign a document which would give Britain authority in Ireland they should be ready to go into slavery until the Almighty had blotted out their tyrants [applause]. If the British government passed a Home Rule Act or something of that kind I would not have said to the Irish people, `Do not take it'. I would have said, `Very well; this is a case of the jailer leading you from the cell to the hall,' but by getting that we did not sign away our right to whatever form of government we pleased. It was said that an uncompromising stand for a Republic was not made. The stand made by some of them was to try and reconcile a Republic with an association. There was a document presented to this House to try to get unanimity, to see whether the views which I hold could be reconciled to that party which typified the national aspirations of Ireland for centuries. The document was put there for that purpose, and I defy anybody in this House to say otherwise than that I was trying to bring forward before this assembly a document which would bring real peace between Great Britain and Ireland---a sort of document we would have tried to get and would not have agreed if we did not get. It would be a document that would give real peace to the people of Great Britain and Ireland and not the officials. I know it would not be a politicians' peace. I know the politician in England who would take it would risk his political future, but it would be a peace between peoples, and would be consistent with the Irish people being full masters of everything within their own shores. Criticism of this Treaty is scarcely necessary from this point of view, that it could not be ratified because it would not be legal for this assembly to ratify it, because it would be inconsistent with our position. We were elected here to be the guardians of an independent Irish State---a State that had declared its independence---and this House could no more than the ignominious House that voted away the Colonial Parliament that was in Ireland in 1800 unless we wished to follow the example of that House and vote away the independence of our people. We could not ratify that instrument if it were brought before us for ratification. It is, therefore, to be brought before us not for ratification, because it would be inconsistent, and the very fact that it is inconsistent shows that it could not be reconciled with Irish aspirations, because the aspirations of the Irish people have been crystallised into the form of Government they have at the present time. As far as I was concerned, I am probably the freest man here to express my opinion. Before I was elected President at the Private Session, I said, `Remember I do not take, as far as I am concerned, oaths as regards forms of Government. I regard myself here to maintain the independence of Ireland and to do the best for the Irish people', and it is to do the best for the Irish people that I ask you not to approve but to reject this Treaty.

You will be asked in the best interests of Ireland, if you pretend to the world that this will lay the foundation of a lasting peace, and you know perfectly well that even if Mr. Griffith and Mr. Collins set up a Provisional Government in Dublin Castle, until the Irish people would have voted upon it the Government would be looked upon as a usurpation equally with Dublin Castle in the past. We know perfectly well there is nobody here who has expressed more strongly dissent from any attacks of any kind upon the delegates that went to London than I did.

There is no one who knew better than I did how difficult is the task they had to perform. I appealed to the Dáil, telling them the delegates had to do something a mighty army or a mighty navy would not be able to do. I hold that, and I hold that it was in their excessive love for Ireland they have done what they have. I am as anxious as anyone for the material prosperity of Ireland and the Irish people, but I cannot do anything that would make the Irish people hang their heads. I would rather see the same thing over again than that Irishmen should have to hang their heads in shame for having signed and put their hands to a document handing over their authority to a foreign country. The Irish people would not want me to save them materially at the expense of their national honour. I say it is quite within the competence of the Irish people if they wished to enter into an association with other peoples, to enter into the British Empire; it is within their competence if they want to choose the British monarch as their King, but does this assembly think the Irish people have changed so much within the past year or two that they now want to get into the British Empire after seven centuries of fighting? Have they so changed that they now want to choose the person of the British monarch, whose forces they have been fighting against, and who have been associated with all the barbarities of the past couple of years; have they changed so much that they want to choose the King as their monarch? It is not King George as a monarch they choose: it is Lloyd George, because it is not the personal monarch they are choosing, it is British power and authority as sovereign authority in this country. The sad part of it, as I was saying, is that a grand peace could at this moment be made, and to see the difference. I say, for instance, if approved by the Irish people, and if Mr. Griffith, or whoever might be in his place, thought it wise to ask King George over to open Parliament he would see black flags in the streets of Dublin. Do you think that that would make for harmony between the two peoples? What would the people of Great Britain say when they saw the King accepted by the Irish people greeted in Dublin with black flags? If a Treaty was entered into, if it was a right Treaty, he could have been brought here [No, no]. Yes, he could [cries of `No, no']. Why not? I say if a proper peace had been made you could bring, for instance, the President of France, the King of Spain, or the President of America here, or the head of any other friendly nation here in the name of the Irish State, and the Irish people would extend to them in a very different way a welcome as the head of a friendly nation coming on a friendly visit to their country, and not as a monarch who came to call Ireland his legitimate possession. In one case the Irish people would regard him as a usurper, in the other case it would be the same as a distinguished visitor to their country. Therefore, I am against the Treaty, because it does not do the fundamental thing and bring us peace. The Treaty leaves us a country going through a period of internal strife just as the Act of Union did.

One of the great misfortunes in Ireland for past centuries has been the fact that our internal problems and our internal domestic questions could not be gone into because of the relationship between Ireland and Great Britain. Just as in America during the last Presidential election, it was not the internal affairs of the country were uppermost; it was other matters. It was the big international question. That was the misfortune for America at the time, and it was the great misfortune for Ireland for 120 years, and if the present Pact is agreed on that will continue. I am against it because it is inconsistent with our position, because if we are to say the Irish people don't mean it, then they should have told us that they didn't mean it.

Had the Chairman of the delegation said he did not stand for the things they had said they stood for, he would not have been elected. The Irish people can change their minds if they wish to. The Irish people are our masters, and they can do as they like, but only the Irish people can do that, and we should give the people the credit that they meant what they said just as we mean what we say.

I do not think I should continue any further on this matter. I have spoken generally, and if you wish we can take these documents up, article by article, but they have been discussed in Private Session, and I do not think there is any necessity for doing so. Therefore, I am once more asking you to reject the Treaty for two main reasons, that, as every Teachta knows, it is absolutely inconsistent with our Position; it gives away Irish independence; it brings us into the British Empire; it acknowledges the head of the British Empire, not merely as the head of an association, but as the direct monarch of Ireland, as the source of executive authority in Ireland. The Ministers of Ireland will be His Majesty's Ministers, the Army that Commandant MacKeon spoke of will be His Majesty's Army. [Voices: `No'.] You may sneer at words, but I say words mean, and I say in a Treaty words do mean something, else why should they be put down? They have meanings and they have facts, great realities that you cannot close your eyes to. This Treaty means that the Ministers of the Irish Free State will be His Majesty's Ministers [cries of `No, no,'] and the Irish Forces will be His Majesty's Forces [`No, no'.] Well, time will tell, and I hope it won't have a chance, because you will throw this out. If you accept it, time will tell; it cannot be one way in this assembly and another way in the British House of Commons. The Treaty is an agreed document, and there ought  to be pretty fairly common interpretation of it. If there are differences of interpretation we know who will get the best of them.

I hold, and I don't mind my words being on record, that the chief executive authority in Ireland is the British Monarch---the British authority. It is in virtue of that authority the Irish Ministers will function. It is to the Commander-in-Chief of the Irish Army, who will be the English Monarch, they will swear allegiance, these soldiers of Ireland. It is on these grounds as being inconsistent with our position, and with the whole national tradition for 750 years, that it cannot bring peace. Do you think that because you sign documents like this you can change the current of tradition? You cannot. Some of you are relying on that cannot to sign this Treaty. But don't put a barrier in the way of future generations.

Parnell was asked to do something like this---to say it was a final settlement. But he said, `No man has a right to set...'. No man can is a different thing. `No man has a right'---take the context and you know the meaning. Parnell said practically, `You have no right to ask me, because I have no right to say that any man can set boundaries to the march of a nation'. As far as you can, if you take this you are [cries of `No' and `Yes'] presuming to set bounds to the onward march of a nation [applause].

MR. AUSTIN STACK (MINISTER FOR HOME AFFAIRS):

It happens to be my privilege to rise immediately after the President to support his motion that this House do not approve of the document which has been presented to them. I shall be very brief; I shall confine myself to what I regard as the chief defects in the document, namely, those which conflict with my idea of Irish Independence. I regard clauses in this agreement as being the governing clauses. These are Nos. 1, 2, 3, and 4. In No. 1 England purports to bestow on Ireland, an ancient nation, the same constitutional status as any of the British Dominions, and also to bestow her with a Parliament having certain powers. To look at the second clause, it starts off---`Subject to provisions hereinafter set out'---and then she tries to limit you to the powers of the Dominion of Canada. What they may mean I cannot say, beyond this, that the Canadian Dominion is set up under a very old Act which considerably limits its powers. No doubt the words `law, practice, and constitutional usage' are here. I cannot define what these may mean. Other speakers who will come before the assembly may be able to explain them. I certainly cannot. To let us assume that this clause gives to this country full Canadian powers, I for one cannot accept from England full Canadian powers, three-quarter Canadian powers, or half Canadian powers. I stand for what is Ireland's right, full independence and nothing short of it. It is easy to understand that countries like Australia, New Zealand and the others can put up with the Powers which are bestowed on them, can put up with acknowledgments to the monarch and rule of Great Britain as head of their State, for have they not all sprung from England? Are they not children of England? Have they not been built up by Great Britain? Have they not been protected by England and lived under England's flag for all time? What other feeling can they have but affection for England, which they always regarded as their motherland? This country, on the other hand, has not been a child of England's, nor never was. England came here as an invader, and for 750 years we have been resisting that conquest. Are we now after those 750 years to bend the knee and acknowledge that we received from England as a concession full, or half, or three-quarter Dominion powers? I say no. Clause 3 of this Treaty gives us a representative of the Crown in Ireland appointed in the same manner as a Governor-General. That Governor-General will act in all respects in the name of the King of England. He will represent the King in the Capital of Ireland and he will open the Parliament which some members of this House seem to be willing to attend. I am sure none of them, indeed, is very anxious to attend it under the circumstances, but if they accept this Treaty they will have to attend Parliament summoned in the name of the King of Great Britain and Ireland. There is no doubt about that whatever. The fourth paragraph sets out the form of oath, and this form of oath may be divided into two parts. In the first part you swear `true faith and allegiance to the Constitution of the Irish Free State as by law established'. As the President has stated, according to the Constitution which will be sanctioned under that Parliament, it will be summoned by the representative of the King of England and Ireland and will acknowledge that King. I say even that part of the oath is nothing short of swearing allegiance to the head of that Constitution which will be the King. You express it again when you swear, `and that I will be faithful to His Majesty King George V., his heirs and successors by law'. That is clear enough, and I have no hesitation whatever in reading the qualifying words. I say these qualifying words in no way alter the text, or form, or effect of this oath, because what you do in that is to explain the reason why you give faith, why you pledge fealty to King George. You say it is in virtue of the common citizenship of Ireland with Great Britain and the meaning of that is that you are British subjects. You are British subjects without a doubt, and I challenge anyone here to stand and prove otherwise than that according to this document. If ever you want to travel abroad, to a country where a Passport is necessary, your passport must be issued from the British Foreign Office and you must be described as a British subject on it [`No, no'.] All right. If you are mean enough to accept this Treaty, time will tell. You wind up by saying that you further acknowledge that King in virtue of Ireland's adherence to and membership of the group of nations known as the British Commonwealth of Nations, and all that, of course, is really consistent with the whole thing. You will become a member of the British Empire. Now this question of the oath has an extraordinary significance for me, for, so far as I can trace, no member of my family has ever taken an oath of allegiance to England's King. When I say that I do not pretend for a moment that men who happened to be descended from, or to be sons of men who took oaths of allegiance to England's Kings, or men who themselves took oaths of allegiance to England's Kings are any worse for it. There are men in this assembly who have been comrades of mine in various places, who have been fighting the same fight as I have been fighting, the same fight which we have all been fighting, and which I sincerely hope we will be fighting together again ere long. There are men with whom I was associated in this fight whose fathers had worn England's uniform and taken oaths of allegiance, and these men were as good men and took their places as well in the fight for Irish independence as any man I ever met. But what I wish to say is this: I was nurtured in the traditions of Fenianism. My father wore England's uniform as a comrade of Charles Kickham and O'Donovan Rossa when as a '67 man he was sentenced to ten years for being a rebel, but he wore it minus the oath of allegiance. If I, as I hope I will, try to continue to fight for Ireland's liberty, even if this rotten document be accepted, I will fight minus the oath of allegiance and to wipe out the oath of allegiance if I can do it. Now I ask you has any man here the idea in his head, has any man here the hardihood to stand up and say that it was for this our fathers have suffered, that it was for this our comrades have died on the field and in the barrack yard. If you really believe in your hearts that it was vote for it. If you don't believe it in your hearts vote against it. It is for you now to make up your minds. To-day or to-morrow will be, I think, the most fateful days in Irish history. I will conclude by quoting two of Russell Lowell's lines:

  1. Once to every man and nation comes a moment to decide,
    In the strife 'twixt truth and falsehood for the good or evil side.

    Applause

COUNT PLUNKETT (LEITRIM AND NORTH ROSCOMMON):

A Chinn Chomhairle, I rise to support the President in his motion to reject the resolution put forward by Mr. Arthur Griffith. I have the greatest personal respect and a recognition of the personal honour of those who went to London in the hope, in the expectation, I presume, that they would bring back a settlement that could be agreed to by the Irish people and ratified by them, and that would be satisfactory to the conscience of Irishmen. But I am sorry to say that Mr. Arthur Griffith, while he has kept the word of promise to the ear, has broken it to the cup. I am in favour of the rejection of this Treaty on the ground that it is not reconcilable with the conscience of the Irish people. I am in favour of its rejection because I myself in conscience could not stand by it. It proposes that all the schemes that have been brought up across our track during our fight for liberty should be substituted for the plain intention of the Irish people in inaugurating and carrying to a great point of success the struggle for Irish liberty.

The scheme put forward by Sir Horace Plunkett and Captain Henry Harrison was scornfully laughed at, because it was common knowledge that these gentlemen could not deliver the goods. Accordingly Captain Harrison dissolved the Dominion League. The schemes put forward at the Convention called by the English Government were rejected with scorn, for no broad-minded Irishman would enter that assembly. It was a manufactured assembly and did not express the views of the Irish people; but to-day by a side-wind you are told that the only thing for you to do is to accept these rejected things.

You were told that your national liberties will be secured by handing them over to the authority of the British Government. You are told that the vile thing that was rejected, not only by our generation but by past generations of fighting men, that this scheme by which we will be put under the authority of the Imperial Government, swearing an oath of allegiance to the English King, that this is the means by which you will achieve your liberty. If you were to achieve it by this means it would mean by treachery among our own, it would mean that we are to be false either to one oath or the other, and if I take an oath and devote myself to the fight for national liberty I am not going, whatever the threat of war or any other device, to abandon the cause to which I have devoted my life. I am faithful to my oath. I am faithful to the dead. I am faithful to my own boys, one of whom died for Ireland with his back to the wall and the other two who were sentenced to death. And I saw them afterwards wearing what has been described as the livery of England during the beginning of a sentence of ten years, penal servitude. Am I to go back now on the ingenious suggestion that by some unexpected contrivance Ireland is to secure her liberty by giving it away. No, I am no more an enemy of peace than Arthur Griffith. I am no more an enemy of an understanding, an honest, straight understanding, between England and Ireland than any man here, but I will never sacrifice the independence of Ireland simply for the purpose of securing a cessation of warfare. Now look at what has been already accomplished. The men of 1916 went out and fought the whole power of the British Empire. Did they lose? They went down, but they went down as victors. Instead of an irresolute body of people who had handed over their judgment to a little group of politicians, they were a resolute nation backing the little forces of Ireland, so that the power of Ireland was not in the hands of a few hundred men, but in the hands of four-and-a-half millions of people. That is the position which the men of 1916 secured, and that fight has been carried on ever since not merely with the countenance of the Irish people, but with the assistance and backings of the Irish people. To tell me that the men who allowed their houses to be burned over their heads and still did not relinquish their nationality, the men whose children were shot before their eyes and who for the national good had given up all hope of success in this world, were going to sign a document handing over these liberties to the English Government in the hope that England in a fit of generosity will not take the bond as binding. No. As men of honour we must respect our oaths, as men of principle we must stand by the principle of liberty, and as men whose word is as good as their bond we must see that no man takes an oath here with the secret intention of breaking it. We have taken an oath of fidelity to the Republic, and are we going to take a false oath now to King George? Under no conditions will I sacrifice my personal honour in such a manner. I don't believe that the men who foolishly imagine such a thing can be done can resist the corruption that inevitably comes of dishonour.

MR. JOSEPH MCBRIDE (NORTH AND WEST MAYO):

I am standing in support of the ratification of the Treaty brought home from London by the plenipotentiaries of Ireland. I support it because I consider it will be for the best interests of this country. I support the ratification because I know the people demand its ratification. I support the ratification of it because I know that the ideals for which I have worked, and for which others who are listening to me worked through many long and weary years, will be quicker attained by ratification of this Treaty than otherwise. I have the honour to know a number of men who suffered and laboured not only in this generation but in other generations, and I know it would be the last thing that they should wish that their labours and their sufferings should be used in order to press an argument in a controversy such as this. Their labours and their sufferings piled high on their country's altar will be as a beacon to the generations that are to come. Unity seems to be a fetish with some people in this assembly. They fear a split. I don't. Probably they have in their minds the foul implications and the degradation of the Parnell split. But cannot we agree to differ? I know nothing about the President except what the public know, but I would be grievously surprised if he carried on any controversy that should arise out of our differences here in any other than in a dignified and courteous manner. Arthur Griffith I know for a good number of years. I know how hard he worked and of his unselfishness. I am aware of his erudition and of his consistent line in the political movement in Ireland, and I know that he would not stoop to anything undignified. Who did you send to London?---a bevy of foolish children without sense of responsibility? Who did you send to London? Men of honesty and of ability, men of affairs, honourable men. You entrusted your honour to them and they did not betray it. They went to London with thorough and complete powers to make a Treaty. They arrived at a Treaty, an honourable Treaty, and that Treaty I am prepared to vote for, because I know in voting for its ratification I am serving the best interests of this country and of my own people.

The House adjourned at 1 o'clock until 3.30 to enable President de Valera to attend the ceremony of his induction as chancellor of the National University. On resuming after luncheon, THE SPEAKER took the chair at 3.45 p.m.

MR. MICHAEL COLLINS (MINISTER FOR FINANCE):

A Chinn Chomhairle, much has been said in Private Session about the action of the plenipotentiaries in signing at all or in signing without first putting their document before the Cabinet. I want to state as clearly as I can, and as briefly as I can---I cannot promise you to be very brief---what the exact position was. It has been fully explained how the Delegation returned from London on that momentous Saturday to meet the Cabinet at home. We came back with a document from the British Delegation which we presented to the Cabinet. Certain things happened at that Cabinet Meeting, and the Delegation, on returning, put before the British Delegation as well as they could their impressions of the decisions---I will not say conclusions---arrived at at that Cabinet Meeting. I do not want unduly to press the word decisions. I want to be fair to everybody. I can only say they were decisions in this way, that we went away with certain impressions in our minds and that we did our best faithfully to transmit these impressions to paper in the memorandum we handed in to the British Delegation. It was well understood at that Cabinet Meeting that Sir James Craig was receiving a reply from the British Premier on Tuesday morning. Some conclusion as between the British Delegation and ourselves had, therefore, to be come to and handed in to the British Delegation on the Monday night. Now, we went away with a document which none of us would sign. It must have been obvious, that being so, that in the meantime a document arose which we thought we could sign. There was no opportunity of referring it to our people at home. Actually on the Monday night we did arrive at conclusions which we thought we could agree to and we had to say `Yes' across the table, and I may say that we said `Yes'. It was later on that same day that the document was signed. But I do not now, and I did not then, regard my word as being anything more important, or a bit less important, than my signature on a document. Now, I also want to make this clear. The answer which I gave and that signature which I put on that document would be the same in Dublin or in Berlin, or in New York or in Paris. If we had been in Dublin the difference in distance would have made this difference, that we would have been able to consult not only the members of the Cabinet but many members of the Dáil and many good friends. There has been talk about `the atmosphere of London' and there has been talk about `slippery slopes'. Such talk is beside the point. I knew the atmosphere of London of old and I knew many other things about it of old. If the members knew so much about `slippery slopes' before we went there why did they not speak then? The slopes were surely slippery, but it is easy to be wise afterwards. I submit that such observations are entirely beside the point. And if my signature has been given in error, I stand by it whether it has or not, and I am not going to take refuge behind any kind of subterfuge. I stand up over that signature and I give the same decision at this moment in this assembly [applause]. It has also been suggested that the Delegation broke down before the first bit of English bluff. I would remind the Deputy who used that expression that England put up quite a good bluff for the last five years here and I did not break down before that bluff [applause, and a voice, `That is the stuff']. And does anybody think that the respect I compelled from them in a few years was in any way lowered during two months of negotiations? That also is beside the point. The results of our labour are before the Dáil. Reject or accept. The President has suggested that a greater result could have been obtained by more skillful handling. Perhaps so. But there again the fault is not the delegation's; it rests with the Dáil. It is not afterwards the Dáil should have found out our limitations. Surely the Dáil knew it when they selected us, and our abilities could not have been expected to increase because we were chosen as plenipotentiaries by the Dáil. The delegates have been blamed for various things. It is scarcely too much to say that they have been blamed for not returning with recognition of the Irish Republic. They are blamed, at any rate, for not having done much better. A Deputy when speaking the other day with reference to Canada suggested that what may apply with safety to Canada would not at all apply to Ireland because of the difference in distance from Great Britain. It seemed to me that he did not regard the delegation as being wholly without responsibility for the geographical propinquity of Ireland to Great Britain. It is further suggested that by the result of their labours the delegation made a resumption of hostilities certain. That again rests with the Dáil; they should have chosen a better delegation, and it was before we went to London that should have been done, not when we returned.

Now, Sir, before I come to the Treaty itself, I must say a word on another vexed question---the question as to whether the terms of reference meant any departure from the absolutely rigid line of the isolated Irish Republic. Let me read to you in full (at the risk of wearying you) the two final communications which passed between Mr. Lloyd George and President de Valera.

From Lloyd George to de Valera. It is a telegram. In that way the word `President' was not an omission on my part. Gairloch Sept. 29th, 1921

His Majesty's Government have given close and earnest consideration to the correspondence which has passed between us since their invitation to you to send delegates to a conference at Inverness. In spite of their sincere desire for peace, and in spite of the more conciliatory tone of your last communication, they cannot enter a conference upon the basis of this correspondence. Notwithstanding your personal assurance to the contrary, which they much appreciate, it might be argued in future that the acceptance of a conference on this basis had involved them in a recognition which no British Government can accord. On this point they must guard themselves against any possible doubt. There is no purpose to be served by any further interchange of explanatory and argumentative communications upon this subject. The position taken up by His Majesty's Government is fundamental to the existence of the British Empire and they cannot alter it. My colleagues and I remain, however, keenly anxious to make in cooperation with your delegates another determined effort to explore every possibility of settlement by personal discussion. The proposals which we have already made have been taken by the whole world as proof that our endeavours for reconciliation and settlement are no empty form, and we feel that conference, not correspondence, is the most practicable and hopeful way to an understanding such as we ardently desire to achieve. We, therefore, send you herewith a fresh invitation to a conference in London on October 11th where we can meet your delegates as spokesmen of the people whom you represent with a view to ascertaining how the association of Ireland with the community of nations known as the British Empire may best be reconciled with Irish National aspirations.

From de Valera to Lloyd George. 30th Sept., 1921.

We have received your letter of invitation to a Conference in London on October 11th, with a view to ascertaining how the association of Ireland with the community of Nations known as the British Empire may best be reconciled with Irish National aspirations.

Our respective positions have been stated and are understood, and we agree that conference, not correspondence, is the most practicable and hopeful way to an understanding. We accept the invitation, and our delegates will meet you in London on the date mentioned, to explore every possibility of settlement by personal discussion.

This question of association was bandied around as far back as August 10th and went on until the final communication. The communication of September 29th from Lloyd George made it clear that they were going into a conference not on the recognition of the Irish Republic, and I say if we all stood on the recognition of the Irish Republic as a prelude to any conference we could very easily have said so, and there would be no conference. What I want to make clear is that it was the acceptance of the invitation that formed the compromise. I was sent there to form that adaptation, to bear the brunt of it. Now as one of the signatories of the document I naturally recommend its acceptance. I do not recommend it for more than it is. Equally I do not recommend it for less than it is. In my opinion it gives us freedom, not the ultimate freedom that all nations desire and develop to, but the freedom to achieve it [applause].

A Deputy has stated that the delegation should introduce this Treaty not, he describes, as bagmen for England, but with an apology for its introduction. I cannot imagine anything more mean, anything more despicable, anything more unmanly than this dishonouring of one's signature. Rightly or wrongly when you make a bargain you cannot alter it, you cannot go back and get sorry for it and say `I ought to have made a better bargain'. Business cannot be done on those bases. I must make reference to the signing of the Treaty. This Treaty was not signed under personal intimidation. If personal intimidation had been attempted no member of the delegation would have signed it.

At a fateful moment I was called upon to make a decision, and if I were called upon at the present moment for a decision on the same question my decision would be the same. Let there be no mistake and no misunderstanding about that.

I have used the word `intimidation'. The whole attitude of Britain towards Ireland in the past was an attitude of intimidation, and we, as negotiators, were not in the position of conquerors dictating terms of peace to a vanquished foe. We had not beaten the enemy out of our country by force of arms.

To return to the Treaty, hardly anyone, even those who support it, really understands it, and it is necessary to explain it, and the immense powers and liberties it secures. This is my justification for having signed it, and for recommending it to the nation. Should the Dáil reject it, I am, as I said, no longer responsible. But I am responsible for making the nation fully understand what it gains by accepting it, and what is involved in its rejection. So long as I have made that clear I am perfectly happy and satisfied. Now we must look facts in the face. For our continued national and spiritual existence two things are necessary---security and freedom. If the Treaty gives us these or helps us to get at these, then I maintain that it satisfies our national aspirations. The history of this nation has not been, as is so often said, the history of a military struggle of 750 years; it has been much more a history of peaceful penetration of 750 years. It has not been a struggle for the ideal of freedom for 750 years symbolised in the name Republic. It has been a story of slow, steady, economic encroach by England. It has been a struggle on our part to prevent that, a struggle against exploitation, a struggle against the cancer that was eating up our lives, and it was only after discovering that, that it was economic penetration, that we discovered that political freedom was necessary in order that that should be stopped. Our aspirations, by whatever term they may be symbolised, had one thing in front all the time, that was to rid the country of the enemy strength. Now it was not by any form of communication except through their military strength that the English held this country. That is simply a plain fact which, I think, nobody will deny. It wasn't by any forms of government, it wasn't by their judiciary or anything of that kind. These people could not operate except for the military strength that was always there. Now, starting from that, I maintain that the disappearance of that military strength gives us the chief proof that our national liberties are established. And as to what has been said about guarantees of the withdrawal of that military strength, no guarantees, I say, can alter the fact of their withdrawal. because we are a weaker nation, and we shall be a weaker nation for a long time to come. But certain things do give us a certain guarantee. We are defined as having the constitutional status of Canada, Australia, New Zealand, South Africa. If the English do not withdraw the military strength, our association with those places do give us, to some extent, a guarantee that they must withdraw them. I know that it would be finer to stand alone, but if it is necessary to our security, if it is necessary to the development of our own life, and if we find we cannot stand alone, what can we do but enter into some association? Now I have prepared part of this which I am going to read very carefully. I have said that I am not a constitutional lawyer. I am going to give a constitutional opinion in what I am going to read, and I will back that constitutional opinion against the opinion of any Deputy, lawyer or otherwise, in this Dáil.

[Reading]: The status as defined is the same constitutional status in the `community of nations known as the British Empire', as Canada, Australia, New Zealand, South Africa. And here let me say that in my judgment it is not a definition of any status that would secure us that status, it is the power to hold and to make secure and to increase what we have gained. The fact of Canadian and South African independence is something real and solid, and will grow in reality and force as time goes on. Judged by that touchstone, the relations between Ireland and Britain will have a certainty of freedom and equality which cannot be interfered with. England dare not interfere with Canada. Any attempt to interfere with us would be even more difficult in consequence of the reference to the `constitutional status' of Canada and South Africa.

They are, in effect, introduced as guarantors of our freedom, which makes us stronger than if we stood alone.

In obtaining the `constitutional status' of Canada, our association with England is based not on the present technical legal position of Canada. It is an old Act, the Canadian Act, and the advances in freedom from it have been considerable. That is the reply to one Deputy who spoke to-day of the real position, the complete freedom equality with Canada has given us. I refer now not to the legal technical status, but to the status they have come to, the status which enables Canada to send an Ambassador to Washington, the status which enables Canada to sign the Treaty of Versailles equally with Great Britain, the status which prevents Great Britain from entering into any foreign alliance without the consent of Canada, the status that gives Canada the right to be consulted before she may go into any war. It is not the definition of that status that will give it to us; it is our power to take it and to keep it, and that is where I differ from the others. I believe in our power to take it and to keep it. I believe in our future civilisation. As I have said already, as a plain Irishman, I believe in my own interpretation against the interpretation of any Englishman. Lloyd George and Churchill have been quoted here against us. I say the quotation of those people is what marks the slave mind. There are people in this assembly who will take their words before they will take my words. That is the slave mind.

The only departure from the Canadian status is the retaining by England of the defences of four harbours, and the holding of some other facilities to be used possibly in time of war. But if England wished to re-invade us she could do so with or without these facilities. And with the `constitutional status' of Canada we are assured that these facilities could never be used by England for our re-invasion. If there was no association, if we stood alone, the occupation of the ports might probably be a danger to us. Associated in a free partnership with these other nations it is not a danger, for their association is a guarantee that it won't be used as a jumping-off ground against us. And that same person tells me that we haven't Dominion status because of the occupation of these ports, but that South Africa had even when Simonstown was occupied. I cannot accept that argument. I am not an apologist for this Treaty. We have got rid of the word Empire. For the first time in an official document the former Empire is styled `The Community of Nations known as the British Empire'. Common citizenship has been mentioned. Common citizenship is the substitution for the subjection of Ireland. It is an admission by them that they no longer can dominate Ireland. As I have said, the English penetration has not merely been a military penetration. At the present moment the economic penetration goes on. I need only give you a few instances. Every day our Banks become incorporated or allied to British interests, every day our Steamship Companies go into English hands, every day some other business concern in this city is taken over by an English concern and becomes a little oasis of English customs and manners. Nobody notices, but that is the thing that has destroyed our Gaelic civilisation. That is a thing that we are able to stop, not perhaps if we lose the opportunity of stopping it now. That is one of the things that I consider is important, and to the nation's life perhaps more important than the military penetration. And this gives us the opportunity of stopping it. Indeed when we think of the thing from that economic point of view it would be easy to go on with the physical struggle in comparison with it.

Do we think at all of what it means to look forward to the directing of the organisation of the nation? Is it one of the things we are prepared to undertake? If we came back with the recognition of the Irish Republic we would need to start somewhere. Are we simply going to go on keeping ourselves in slavery and subjection, for ever keeping on an impossible fight? Are we never going to stand on our own feet? Now I had an argument based on a comparison of the Treaty with the second document, and part of the argument was to read the clauses of the second document. In deference to what the President has said I shall not at this stage make use of that argument. I don't want to take anything that would look like an unfair advantage. I am not standing for this thing to get advantage over anybody, and whatever else the President will say about me, I think he will admit that.

PRESIDENT DE VALERA:

I never said anything but the highest.

MR. MICHAEL COLLINS (MINISTER FOR FINANCE):

Now I have explained something as to what the Treaty is. I also want to explain to you as one of the signatories what I consider rejection of it means. It has been said that the alternative document does not mean war. Perhaps it does, perhaps it does not. That is not the first part of the argument. I say that rejection of the Treaty is a declaration of war until you have beaten the British Empire, apart from any alternative document. Rejection of the Treaty means your national policy is war. If you do this, if you go on that as a national policy, I for one am satisfied. But I want you to go on it as a national policy and understand what it means. I, as an individual, do not now, no more than ever, shirk war. The Treaty was signed by me, not because they held up the alternative of immediate war. I signed it because I would not be one of those to commit the Irish people to war without the Irish people committing themselves to war. If my constituents send me to represent them in war, I will do my best to represent them in war. Now I was not going to refer to anything that had been said by the speakers of the Coalition side to-day. I do want to say this in regard to the President's remark about Pitt, a remark, it will be admitted, which was not very flattering to us. Well, now, what happened at the time of the Union? Grattan's Parliament was thrown away without reference to the people and against their wishes. Is the Parliament which this Treaty offers us to be similarly treated? Is it to be thrown away without reference to the people and against their wishes?

PRESIDENT DE VALERA:

What Parliament?

A VOICE: The Free State

MISS MACSWINEY (CORK CITY):

Which Parliament?

MR. MICHAEL COLLINS (MINISTER FOR FINANCE):

I would like you to keep on interrupting, because I was looking at a point here. I am disappointed that I was not interrupted more. In our Private Sessions we have been treated to harangues about principle. Not one Deputy has stated a clear, steadfast, abiding principle on which we can stand. Deputies have talked of principle. At different times I have known different Deputies to hold different principles. How can I say, how can anyone say, that these Deputies may not change their principles again? How can anyone say that anybody---a Deputy or a supporter---who has fought against the Irish Nation on principle may not fight against it again on principle; I am not impeaching anybody, but I do want to talk straight. I am the representative of an Irish stock; I am the representative equally with any other member of the same stock of people who have suffered through the terror in the past . Our grandfathers have suffered from war, and our fathers or some of our ancestors have died of famine. I don't want a lecture from anybody as to what my principles are to be now. I am just a representative of plain Irish stock whose principles have been burned into them, and we don't want any assurance to the people of this country that we are going to betray them. We are one of themselves. I can state for you a principle which everybody will understand, the principle of `government by the consent of the governed'. These words have been used by nearly every Deputy at some time or another. Are the Deputies going to be afraid of these words now, supposing the formula happens to go against them?

PRESIDENT DE VALERA:

No, no.

MR. MICHAEL COLLINS (MINISTER FOR FINANCE):

I have heard deputies remark that their constituents are in favour of this treaty. The deputies have got their powers from their constituents and they are responsible to their constituents. I have stated the principle which is the only firm principle in the whole thing. Now I have gone into more or less a general survey of the Treaty, apart from one section of it, the section dealing with North-East Ulster. Again I am as anxious to face facts in that case as I am in any other case. We have stated we would not coerce the North-East. We have stated it officially in our correspondence. I stated it publicly in Armagh and nobody has found fault with it. What did we mean? Did we mean we were going to coerce them or we were not going to coerce them? What was the use of talking big phrases about not agreeing to the partition of our country. Surely we recognise that the North-East corner does exist, and surely our intention was that we should take such steps as would sooner or later lead to mutual understanding. The Treaty has made an effort to deal with it, and has made an effort, in my opinion, to deal with it on lines that will lead very rapidly to goodwill, and the entry of the North-East under the Irish Parliament [applause]. I don't say it is an ideal arrangement, but if our policy is, as has been stated, a policy of non coercion, then let somebody else get a better way out of it. Now, summing up and nobody can say that I haven't talked plainly I say that this Treaty gives us, not recognition of the Irish Republic, but it gives us more recognition on the part of Great Britain and the associated States than we have got from any other nation. Again I want to speak plainly. America did not recognise the Irish Republic. As things in London were coming to a close I received cablegrams from America. I understand that my name is pretty well known in America, and what I am going to say will make me unpopular there for the rest of my life but I am not going to say any thing or hide anything for the sake of American popularity. I received a cablegram from San Francisco, saying, `Stand fast, we will send you a million dollars a month'. Well, my reply to that is, `Send us half-a-million and send us a thousand men fully equipped'. I received another cablegram from a branch of the American Association for the Recognition of the Irish Republic and they said to me, `Don't weaken now, stand with de Valera'. Well, let that branch come over and stand with us both [applause]. The question before me was were we going to go on with this fight, without referring it to the Irish people, for the sake of propaganda in America? I was not going to take that responsibility. And as this may be the last opportunity I shall ever have of speaking publicly to the Dáil, I want to say that there was never an Irishman placed in such a position as I was by reason of these negotiations. I had got a certain name, whether I deserved it or not. [Voices: `You did, well'], and I knew when I was going over there that I was being placed in a position that I could not reconcile, and that I could not in the public mind be reconciled with what they thought I stood for, no matter what we brought back,---and if we brought back the recognition of the Republic---but I knew that the English would make a greater effort if I were there than they would if I were not there, and I didn't care if my popularity was sacrificed or not. I should have been unfair to my own country if I did not go there. Members of the Dáil well remember that I protested against being selected. I want to say another thing. It will be remembered that a certain incident occurred in the South of Ireland, an incident which led to the excommunication of the whole population of that district. At the time I took responsibility for that in our private councils. I take responsibility for it now publicly. I only want to say that I stand for every action as an individual member of the Cabinet, which I suppose I shall be no longer; I stand for every action, no matter how it looked publicly, and I shall always like the men to remember me like that. In coming to the decision I did I tried to weigh what my own responsibility was. Deputies have spoken about whether dead men would approve of it, and they have spoken of whether children yet unborn will approve of it, but few of them have spoken as to whether the living approve of it. In my own small way I tried to have before my mind what the whole lot of them would think of it. And the proper way for us to look at it is in that way. There is no man here who has more regard for the dead men than I have [hear, hear]. I don't think it is fair to be quoting them against us. I think the decision ought to be a clear decision on the documents as they are before us---on the Treaty as it is before us. On that we shall be judged, as to whether we have done the right thing in our own conscience or not. Don't let us put the responsibility, the individual responsibility, upon anybody else. Let us take that responsibility ourselves and let us in God's name abide by the decision [applause].

MR. ERSKINE CHILDERS (KILDARE AND WICKLOW):

I think everybody will agree that we have listened to a most able and eloquent speech. I most heartily agree to it, though I am in profound disagreement with the conclusions of the speaker. He has said many things which I admire and respect, he has said others that I profoundly regret. All of us agree, I think, that we have listened to a manly, eloquent, and worthy speech from the Minister for Finance [hear, hear].

I wish to recall this assembly to the immediate subject before us, one side of which was hardly touched upon, indeed if it was touched upon at all, by the Minister for Finance, the question whether Dáil Eireann, the national assembly of the people of Ireland, having declared its independence, shall approve of and ratify a Treaty relinquishing deliberately and abandoning that independence. I must say for my own part that I missed in the speeches both of the Minister for Foreign Affairs and the Minister for Finance some note, however distant, of regret for the effect in significance of the step they were taking, and had taken, in London, that is, they were asking this assembly, Dáil Eireann, to vote its own extinction in history, which they more perhaps than anybody else had done so much to make honourable and noble. There is one thing more I would like to say, because I think the two speeches delivered by the leading members of the delegation have left it still obscure. I hardly know, indeed, what impression is left upon the minds of the delegates as a result of their speeches. It is the question of what the delegation was entitled to do and set out to do when it went to London as compared with what it has done. The Minister for Finance spoke of an isolated Republic and said quite rightly that there was no question when the delegation went to London of an isolated Republic standing alone without tie or association with any other association in the world. No such question was before Dáil Eireann or the nation. The sole question before the nation, Dáil Eireann, and the delegation was how is it possible to effect an association with the British Commonwealth which would be honourable to the Irish nation? And it ought to be known and understood, for certainly the speech of the Minister for Foreign Affairs was misleading, in my opinion, on the point. It ought to be understood that that object was held before the delegation to the last, except that last terrible hour, and that the counter proposals put up to the British Government did, on the face of them, and in their text, preserve the independence of Ireland while arranging to associate it with the British Commonwealth. Until the last moment that proposal was before the British Government. That should be understood by Dáil Eireann, and I hope other members of the delegation will confirm what I have said.

There was no question in the action of the delegation in London of acting on some subconscious or unadmitted resolve to betray the Republic and to commit Ireland to an association which would forfeit her independence, none to my knowledge, at any rate, and I was secretary to the delegation. The proposals on our side were honourable proposals. They stated in explicit terms that they demanded the preservation of the independence of our country, to exclude the King of England and British authority wholly from our country, and only when that was done, and Ireland was absolutely free in Irish affairs, to enter an association on free and honourable terms with Britain.

That, alas! was lost in the last hour of the time the delegation spent in London and the result was the Treaty. The Minister for Finance has spoken generally of that Treaty as placing Ireland in the position of Canada, giving her Canadian status-`equality of status with Great Britain' was the phrase used by the Minister for Foreign Affairs, and I think, too, by the Minister for Finance. The Minister for Foreign Affairs used the phrase, 'a final settlement'. 'A settlement that is not final', was the phrase used by the Minister for Finance. There was that broad and fundamental distinction between them. At any rate the settlement is commended to you as placing Ireland in a position virtually as free as Canada, although technically making her subject to the control of the British Crown and of the British Parliament. Apart altogether from the question as to whether this assembly shall, or even can, surrender its own independence and declare itself subject to the British Crown and Parliament, does the Treaty before you carry out what the Minister for Finance represented that it does carry out? It does not. It should be understood clearly by Dáil Eireann---by all here---that this Treaty does not give you what is called Dominion status. The Minister for Finance passed lightly over this clause concerning the occupation of our ports. He did less than justice to the subject. You have read, all of you, no doubt carefully, Clauses 6 and 7 of the Treaty. What is the actual effect of those clauses, and how do they affect the status of Ireland if this Treaty were to be passed? It is not merely a question of occupying ports. Clause No. 6 in effect declares that the people of Ireland inhabiting the island called Ireland have no responsibility for defending that island from foreign attack. Foreign attack can come only over the sea. This clause declares that Ireland is unfit, or rather for we all know the real reason---too dangerous a neighbour to be entrusted with her own coastal defence. And, therefore, in that clause is the most humiliating condition that can be inflicted on any nation claiming to be free, namely, that it is not to be allowed to provide defence against attack by a foreign enemy. There is, it is true, a little proviso saying that the matter will be reconsidered in five years, but there is no guarantee whatever that anything will result from that reconsideration, and the most the reconsideration will amount to is that she is to be allowed to take over a share in her own coastal defence. Clause No. 7 declares that permanently and for ever some of our most important ports are to be occupied by British Forces. Here there is no question of Dominion status, no question of constitutional usage---these qualifying words that are used in the second clause of the Treaty. For ever that occupation is to continue, and in time of war, says sub-section B., or strained relations with a foreign Power, such harbour and other facilities as the British Government may require for the purpose of such defence as aforesaid. In other words, when she pleases to announce that there are strained relations with a foreign Power, or when England is actually in war with a foreign Power, any use whatever can be made of this island whether for naval or military purposes. I need not say that no such conditions or limitations attach to any dominion, least of all Canada. Canada is absolutely free to defend her own coast, to raise her own naval forces and military forces, and, as the Minister for Finance truly pointed out, Canada has a real and genuine share in the decision of those great questions of foreign policy, and on peace and war upon which the destiny of a nation depends. Ireland under this Treaty will have none. What is the use of talking of equality, what is the use of talking of a share in foreign policy, what is the use of talking of responsibility for making treaties and alliances with foreign nations which may involve a country in war? Nothing is to be gained from a share in taking part on decisions of that immense magnitude unless the country which has that share has the power, if it pleases, to say `I will not be a party to that Treaty, I will not be a party to that war'. If she has not that power she has no power. She may discuss and discuss and no one will listen to her. And let me point out to this assembly the very vital significance of that in the case of Ireland. You speak of Canada, the conferring on Ireland of Canada's status. Imagine that Ireland is on a par with Canada in regard to these powers. What is Canada? Half a continent. The closest part is nearly 3,000 miles from Britain, and the furthest part 7,000 miles, a great, immense nation, absolutely unconquerable by England, and, what is even more important, attached to England by ties of blood which produces such relations between them that there is no desire on England's part to conquer---two great factors, the distance which renders Canada unconquerable and the blood tie. Canada has a real share in these great questions unquestionably. What is the position of Ireland? After 750 years of war, lying close up against the shores of her great neighbour, what guarantee has she, what equal voice can she have in the decisions of these questions, with England actually occupying her shores, committing her inevitably, legally, constitutionally and in every other way to all her foreign policies and to all her wars? That governing condition England has, that Ireland under this Treaty would have no real power to free action, independent action. Where English interests are concerned they will govern and limit every condition and clause in that Treaty now before you. It is useless to point to the words in Clause 2---`constitutional usage'. Supposing that these words either in these military or naval matters, or in any other matter, are going to be construed as conferring on Ireland the same power as is held by Canada, how can they be so construed if a question arises as to the construction of a clause? Under the Canadian Constitution Canada has always the power to say, `Very well, we differ about its construction. I shall put my own interpretation upon it and I shall give up my relation with you altogether'. That is the strength of Canada's position. The blood tie with Canada which naturally produces loyalty and sentimental affection to England cannot reasonably, cannot possibly, cannot humanly be expected from the Irish nation after its 750 years. Now read your Treaty in the light of those conditions. I suppose few people have any doubt as to what legally the Treaty means. The Minister for Finance talked lightly, it seemed to me, of the construction they would put on this Treaty, how they would read it in their own way. The Treaty is a Treaty; it will bind Ireland, and the Minister for Finance is bound to show that the Treaty which he and his colleagues have brought back from London places Ireland in a position which she can honourably accept as it stands at this moment, and can honourably carry out with England, without afterthoughts, without any insincere reservations as to what is possible, what is not possible, as to the meaning of oaths and matters like that; he is bound to show that the Treaty as it lies before you establishes a settlement of this ancient question. Now under what title will Ireland hold her position under this Treaty? You are all told that this is a Treaty. It was not signed as a Treaty. It has since been called a Treaty. I don't lay stress on that distinction of words, but what I do lay stress on is this, that the constitution of Ireland and the relation of Ireland to England are going to depend, so far as Ireland is concerned, on the Act of a British Parliament. Nobody knew yet what form that Act is going to take, and it is one of the surprising features of these negotiations that no undertaking or guarantee has been obtained before the Treaty was signed as to exactly how it was going to be carried out by the British Government; but that it must depend upon the Act of the British Parliament is certain. Canada's Constitution depends upon the Act of 1867, and unquestionably Ireland's position will depend upon it too. What does this assembly think of that? Do you, or do you not, think that the freedom and liberties of Ireland are inherent in the people of Ireland, derived from the people, and can only be surrendered by the people, or do you think your liberties, your right to freedom, are derived from the act and will of the British Government.

MR. HOGAN (GALWAY):

On a point of order, is a Deputy entitled to deliberately misquote one of the documents in front of us? Here is the letter read by Mr. Griffith: `The framing of that Constitution will be in the hands of the Irish Government'.

MR. ERSKINE CHILDERS (KILDARE AND WICKLOW):

The Deputy who has just spoken has made a very interesting interruption. He quotes from a letter of Mr. Lloyd George, and with all respect to the Minister for Finance, who objected very strongly to our quoting from Mr. Lloyd George, the Deputy behind him is in agreement with him.

MR. HOGAN (GALWAY):

If there is to be quoting it should be actual quoting.

MR. ERSKINE CHILDERS (KILDARE AND WICKLOW):

`The framing of that Constitution will be in the hands of the Irish Government, subject (of course) to the terms of this agreement' [applause]. Now I do seriously wish to warn the members of the Dáil if they are going to take this tremendous and momentous step of ratifying this Treaty, not to do it under any foolish and idle illusions as to the meaning of what they are doing. Does the Deputy really suggest that Ireland is going to have freedom to form any Constitution she pleases---'subject to the terms of this agreement' and every limitation, and there are a hundred of them, that are in this Constitution of Canada under the British Act of 1867, all the fundamental limitations as to the authority of the Crown, and the authority of the British Government will inevitably appear in the Irish Constitution if it is framed under the terms of this Treaty. What will appear? The first thing that will appear will be that the legislature of Ireland will be no longer Dáil Eireann, the body I am addressing; it will consist of King and Commons and Senate of Ireland. The King will be part of the legislature of this island, and the King will have powers there. If not the King himself, there would be the King's representative in Ireland, the Governor-General, or whatever he may be. The King, representing the British Government, or the Governor-General, will have power to give or refuse assent to Irish legislation. Now I know very well---no one better than I do---I may just say in passing, I, like all lovers of freedom, have watched and followed the development of freedom in British Dominions, and Canada with intense interest. No one knows better than I do that power is virtually absolute in Canada. Do you suppose that power is going to be absolute in Ireland? How can it be?

A DEPUTY:

40,000 bayonets.

MR. ERSKINE CHILDERS (KILDARE AND WICKLOW):

If Ireland's destiny is to be irrevocably linked with England in this Treaty, if the association with her is that of a bond slave, as it is, under these Clauses 6 and 7, do you suppose that that supremacy of England is going to be an idle phrase in the case of Ireland? Do you? Don't you see every act and deed of the Irish Parliament is going to be jealously watched from over the water, and that every act of legislation done by Ireland will be read in the light of that inflexible condition that Ireland is virtually a protectorate of England, for under this Treaty she is nothing more. 'Under the Constitution of Canada, the Executive Government and authority of, and over, Canada, is hereby declared to continue, and be vested in the Queen'; that is to say now, the King. That clause, or something corresponding to it, will appear in the Constitution of Ireland without question. And here again what does the King mean? The functions of the King as an individual are very small indeed. What the King means is the British Government, and let there be no mistake, under the terms of this Treaty the British Government is going to be supreme in Ireland [cries of `No!']. It is useless again to refer to Canada. Canada is 3,000 miles away.

A DEPUTY:

We cannot help that.

MR. ERSKINE CHILDERS (KILDARE AND WICKLOW):

I know we cannot help it, but there was one way of helping it. That was to have stood by the proposals that were made in London by the Irish Delegation to the British Government, until the last moment. That was the way to avoid it, and to declare, as they declared, that authority in Ireland---legislative, executive, and judicial---shall be derived solely from the people of Ireland [applause]. That was a way out of it, and I hope and believe it remains a way out of it still [hear, hear]. Establish that principle that authority in Ireland belongs solely to the Irish people, then make your association, and the rights of Ireland are safe. Pass that Treaty admitting the King to Ireland, or rather retaining him he is in Ireland now, retain him while recognising him, recognise the British Government in Ireland, and your rights and independence are lost for ever. It should be remembered, too, that the King's representative in Ireland, the Governor-General, will be there definitely as the centre of British Government in Ireland. I do not know if it is realised what the full significance the proximity of Ireland to England means. But you cannot have it both ways. It is useless for the Minister for Finance to say certain things are necessary because Ireland is nearer England, and at the same time to say that Ireland would get all the powers of Canada which is 3,000 miles away. These two proposals are contradictory. The Governor-General in Ireland will be close to Downing Street. He can communicate by telephone to Downing Street. He will be in close and intimate touch with British Ministers. Irish Ministers will be the King's Ministers; the Irish Provisional Government that under this Treaty is going to be set up, within a month would be the King's Provisional Government. Every executive Act in Ireland, every administrative function in Ireland, would be performed---you cannot get away from it---in the name of the King. And the King and the Government behind the King would be barely 200 miles away, and capable of exercising immediate control over what is done in Ireland. And if anyone were to raise in any particular matter the status of Canada in connection with the Government of Ireland, what would he be told? Canadian status? Why, the King's Government is not only here in the person of the Governor-General, exercising it on his behalf, but the King and the King's Forces are in actual occupation of Ireland. It is useless for you to pretend that the King's authority and British authority are not operative in Ireland, when it is actually occupied by British Forces and you are forbidden to have Irish defensive naval forces of your own. Follow on that point a little. The Treaty promises Ireland to have an army, and a letter of Mr. Lloyd George's says the British Army is to evacuate Ireland if this Treaty is passed, within a short time. But do you suppose under this Treaty, your Irish Army is going to be an independent army? Do you really suppose if British troops are evacuated from the country in a short period, there is anything to prevent them returning under full legal power? Constitutional usage would have nothing to do with the matter. It has in Canada. The British Government would never dare to land a British regiment in Canada without the consent of the Canadian Government. Do you suppose that would be so in Ireland? [A Voice: `Why not?'] I will tell you why not. Under Clauses 6 and 7 you abandon altogether and hand over to the British Government responsibility for the defence of Ireland. There is something about a local military defence force. If you place under a foreign Power responsibility for the defence of the coasts of Ireland, inevitably and naturally you place responsibility for the defence of the whole island on that foreign Government. How can you separate the coastal defences of an island from its internal defences? Are you to have two authorities? One saying what garrisons are to be here, and the other saying what garrisons are to be there along the coast, and how they are to be co-ordinated with some central armed military body. Those matters can only be settled by one authority---Army and Navy matters both---and that one authority will be obviously, and on the very terms of the Treaty, the British authority. Then you will find the letter of the law, the legal conditions, stepping in. What will be the Irish Army? It will he His Majesty's Army, and, whether or not, or whatever character the Irish flag takes, His Majesty's flag will fly in Ireland. Every commission held by every officer in the Army of the Irish Free State will be signed either by His Majesty, or by his deputy in Ireland. How are you going to prevent more troops coming in? I do not know if it is really supposed that under this Treaty the evacuation of troops now means that there is no power to re-occupy Ireland in the future? How could you prevent it? Your ports and coasts belong to the British Government. Of course they can land what troops they like to reinforce their ports and coasts and of course it should be evident that the whole defence of the island would necessarily and inevitably be under one authority. There should be no illusions about this. That dependence upon England taints and weakens every clause of the Treaty before you so far as it is possible to read it. In its most hopeful aspect, and I do not wish to read it otherwise, it is an instrument placing Ireland in the position of a Dominion of the British Crown. I do not wish to be unfair about the Treaty. Clearly and on the face of it, it gives Ireland powers never offered her before, and, in certain respects, important powers. But about the fundamental nature of the Treaty, there should be no doubt in anybody's mind who has to vote on it. It places Ireland definitely and irrevocably under British authority and under the British Crown. Now, I know there are various ways adopted by various members regarding an instrument like that, and I am quite sure in the mind of the Minister for Finance there is a genuine open feeling, which he has expressed, of making the most of a Treaty which, in his view, though I was not quite clear as to his exact view on the subject, represents the very utmost that Ireland could dream of obtaining at this moment of history. But I beg him, and I beg all others who are inclined to agree with him, to reflect upon the significance of the step they are taking, and the question whether the view that this Treaty would be a step to something better, could be reasonably entertained. Apart altogether from the right or wrong of the subject, is the question of principle; the question of principle, I hold, rises above all others. This is a backward step. Parnell once said that no man has the right to set a boundary to the onward march of a nation. Parnell was right. Parnell spoke in a moment when Ireland was still in a subordinate position in the British Empire. Since that time Ireland has taken a step from which she can never withdraw by declaring her independence. This Treaty is a step backward, and I, for my part, would be inclined to say he would be a bold man who would dare set a boundary to the backward march of a nation which, of its own free will, has deliberately relinquished its own independence [applause]. I do not believe there is any need. I profoundly regret this Treaty was signed. I profoundly regret it was signed and that the alternative proposals of the Irish Delegation were not adhered to. There should be no question now of any hopeless dilemma in which the nation is placed. There should be no question now that it is possible to associate Ireland with the British Commonwealth on terms honourable to Ireland. I am glad to know that the specific proposals prepared by the President will at a future time have your consideration. It will be disastrous, I think, if now this assembly were to declare that there is no chance of making peace with England. There is a chance. There was a chance; there is a chance. And it rests with England to understand that Ireland is genuinely anxious to hold out the hand of friendship if only that hand can be grasped on terms that will leave Ireland standing as a free nation and England honourably recognising that freedom, not treating Ireland with suspicion and distrust, occupying her ports, refusing her powers of defence, and so on. England has but to say frankly, `You desire to be free, we recognise you must be', in order to enter into a friendship that shall be truly lasting with us. That, I hope, can still be done. But in any case, in the last resort, every one of us here, when we have done with considering the Treaty before you, and when we have considered the other question of an accommodation with England on honourable terms, beyond and above all these questions there lies the paramount and overmastering consideration of all: Are we, by our own act, to abandon our independence? I hold that is impossible.

I hold this assembly neither will nor can do that. No such act was ever performed before, so far as I know, in the history of the world or since the world became a body of democratic nations. Certainly no such act was ever taken before in the history of Ireland, and I, for my part, believe you here will inflexibly refuse to take that step (applause).

MR. KEVIN O'HIGGINS (ASSISTANT MINISTER FOR LOCAL GOVERNMENT:

I rise in support of the motion that the Treaty of Peace with Britain, signed by our plenipotentiaries in London and now before us, be approved by An Dáil. I would like, before entering upon argumentative or controversial matter, to say to those with whom I find myself at variance on this matter at issue, and to the great hearted man who leads them, how bitterly I feel this separation. It has been the purest pleasure of my life to work in comradeship with them. It has been my proudest privilege. I do not anticipate that I shall ever experience a keener pang than I felt when I realised their judgment and conscience dictated a course which mine could not endorse. If in Private Session I have been over-vehement in pleading a case, I think the President will be the first to understand and make allowances. I pay willing tribute to the sincerity and to the lofty idealism of those who hold different views from ours on this issue. Now I wish at the outset to make it clear that, in my opinion, this discussion should not centre round the question whether or not our plenipotentiaries should have signed these proposals. They are within their rights in signing; no one, I think, questions that. We could have given terms of reference to the plenipotentiaries; we gave none. We selected five men from An Dáil---men of sound judgment, conspicuous ability; men whose worth had been tested in four strenuous years. They were men capable of sizing up the situation. They were men who knew our strength and men who knew where and how we were not strong. They were men who knew the present situation and knew the future prospects, and we sent these men to London, trusting them, and they have brought back a document which they believe represents the utmost that can be got for the country, short of the resumption of war against fearful odds---a war which could be only one more test of endurance on the part of a people who have endured so gallantly---a war in which there could be no question of military victory. They have brought back a document which they believe embodies all that could be got for the country short of such a war. They signed, and they would have been false to their trust did they fall short of their responsibility for signing, and they are here to answer you and the country for signing. I have said they were entitled to sign. They did so on their individual responsibility. They were nominated, it is true, by the Cabinet, but they were appointed by An Dáil, and their responsibility was through An Dáil to the Irish people. Their mission was to negotiate a treaty of peace with Great Britain which on their individual responsibility they could recommend. Now this cannot be too much emphasised. They could not produce this final document here for discussion and consideration otherwise than over their signatures, and backed by their recommendation. At the last moment there were terms put up, not for bargain, but as the price of the signatures. There were big improvements on the final document---improvements affecting Trade, Defence, and North-East Ulster---and they were not put up to be brought back for consideration. The plenipotentiaries turned the matter over in their minds and they decided they ought to sign. They decided they would be cowards if they did not sign [applause]. They signed, and this document is theirs and not yours. It is perfectly open to you to reject it. It was perfectly free to the Cabinet to refuse to endorse it as Government policy. They did so. The President and two Ministers recommend its rejection. You are as free to reject this document; the English Government, if it so decided, was also free. Anything the English Government has done since, such as releasing prisoners, was done with full knowledge of the fact that the Parliament of each Nation had yet to declare its will, and without the endorsement of both Parliaments this instrument was null and void. It is not true, as has been stated by some newspapers, that there would be any element of dishonour in a refusal on your part to ratify these terms. The fateful decision lies with you, and with due appreciation of the gravity of the issue we should endeavour to keep this discussion on lines that are severely relevant. It is not, as I have intimated, a question as to whether the proposals should or should not have been signed. It is not a question as to whether you and I, similarly situated, would have signed them. It is not a question of our keen desire for better terms. It is a question of whether you will accept or reject the proposals which the five men whom you selected to negotiate have brought back for ratification. For God's sake, let us not waste time in irrelevancies respecting our keen desire for better terms. We would all desire better terms, and what we have to decide is whether we are going to take our chance of securing them if we reject these. Deputy Childers, to my mind, took a lot of unnecessary time and trouble in explaining how much nicer it would be to get better terms than these. He did not tell us, as an authority on military and naval matters, how we are going to break the British Army and Navy, and get these better terms [applause]. A sovereign, independent Republic was our claim and our fighting ground, and I think we will all admit that men who decided to fight would be fools to fight for less than the fullness of their rights. But the fact that we were willing to negotiate implied that we had something to give away. If we had not, we should have stood sheer on unconditional evacuation, adding, perhaps, that when this had taken place, we would be willing to consider proposals for treaties on trade, or on defence. We did not do so. We selected five men to negotiate a treaty and there was a clear implication, I contend, that whatever, in view of all the circumstances, these men would recommend, would receive most careful consideration here. As I have said, we could have given terms of reference; we gave none. The men we selected were well qualified to judge our position and prospects. We would do well to scrutinise carefully the document they have produced, not so much in relation to the inscriptions on our battle standards, but rather in relation to our prospects of achieving more. As the negotiations developed and the rocks began to appear, our team was advised by the Cabinet to work towards an objective which would give to Ireland the status of an external associate of the Commonwealth of Nations known as the British Empire. This phrase external associate has caused some trouble. In explanation of this phrase someone used the simile of the limpet and the rock. Ireland would be outside and attached, not inside and absorbed. We were prepared to enter as a free and equal partner into treaties on such matters of common concern as trade and defence. On the question of the Crown, the Cabinet, as its last card, was prepared to recommend to the Dáil a recognition of the King of England as the head of the group of States to which the Irish Free State would be attached, and as the outward and visible sign of that recognition, to vote a yearly sum to his civil list. These recommendations were made to the plenipotentiaries many weeks before negotiations reached a crisis. On the Saturday prior to the signing of the proposals the plenipotentiaries were home with the draft Treaty from the British representatives, which, besides other objectionable features, rejected the external associate idea, brought Ireland definitely within the British Empire, pledging the members of her Parliament---

PRESIDENT DE VALERA:

Are Cabinet matters to be discussed here in Public Session?

MR. KEVIN O'HIGGINS (ASSISTANT MINISTER FOR LOCAL GOVERNMENT):

I think so; I think the Irish people are entitled to hear the genesis of the present situation [applause].

PRESIDENT DE VALERA:

I hold Cabinet matters are matters for Private Sessions of the Dáil. I do not care what the Irish people are at liberty to get of communications and documents; but as responsible head of the Government, I protest against Cabinet matters being made public.

MR. KEVIN O'HIGGINS (ASSISTANT MINISTER FOR LOCAL GOVERNMENT):

I think the President, and the dissenting minority, if I might put it that way---the two Ministers who stand with him for rejection of the Treaty---should be prepared to let it go to the Irish nation that they must take their stand not between those terms and a sovereign Irish Republic but on the very much narrower ground as between what they were to recommend to the Dáil and these terms [applause].

PRESIDENT DE VALERA:

I am quite ready that should be done. I protest still on principle against a member of a responsible Government speaking in public in reference to the negotiations.

MR. J. N. DOLAN (LEITRIM AND NORTH ROSCOMMON):

We are deciding the fate of the nation and everything should be told.

MR. D. CEANNT (EAST CORK):

From what Mr. O'Higgins is after suggesting---that he will go through all the private documents from the Cabinet---is every member in the assembly entitled to produce every letter he received from London about this business?

MR. KEVIN O'HIGGINS (ASSISTANT MINISTER FOR LOCAL GOVERNMENT):

Is Document No. 2 Cabinet matter?

PRESIDENT DE VALERA:

As regards Document No. 2, I requested the House that it would be considered confidential, seeing the circumstances under which it was given to the House, until I brought forward a proposal that I was to put before the House. No responsible member of any Government would stand for one moment in my position after matters of this kind had been made public.

MR. LORCAN ROBBINS (LONGFORD AND WESTMEATH):

How are we to debate if we have not the articles brought out?

PRESIDENT DE VALERA:

If all the articles are to be produced, let them; but any references on parts are not fair.

MR. GRIFFITH (MINISTER FOR FOREIGN AFFAIRS):

Is there any objection to producing a document that has been discussed in Secret Session for three days: are the Irish people not to be allowed to see that document?

PRESIDENT DE VALERA:

It was a proposal on my own initiative for the distinct purpose of trying at the last moment to remedy what I considered a serious mistake for the nation.

MR. FINIAN LYNCH (KERRY AND WEST LIMERICK):

How does the President stand by that, seeing it was discussed for three days?

THE SPEAKER:

That is not in order.

MR. SEAN T. O'KELLY (MID-DUBLIN):

Were not certain documents submitted with the request that they be considered as confidential? Is not our President to be allowed at least equal courtesy?

MR. GRIFFITH (MINISTER FOR FOREIGN AFFAIRS):

We submitted no documents. The members wished to see some documents; that is not the same thing. This is a document submitted by the President as the alternative to us. That is the document submitted from one side to the other, and the Irish people ought to see it [hear, hear].

MISS MACSWINEY (CORK CITY):

I say the question about the reading of documents which are relevant to the Treaty was decided in Private Session, because the Delegates said you could not possibly offer an amendment---that it was the Treaty or nothing. I think all the plain honest members realised it could not be offered in connection with the Treaty. The Treaty ought to be decided on its merits and its merits alone.

MR. MICHAEL COLLINS (MINISTER FOR FINANCE):

With regard to the documents affecting the Delegation, which were handed in by the Irish and English Delegations, the Irish Delegation must be understood to be perfectly clear on this thing. We entered into an arrangement with the other side that neither side would publish anything without agreement with the other side. If we make that agreement we have no objection to publish; we are only refraining from publishing because we have given our word.

THE SPEAKER:

The question is whether the proceedings of the Cabinet could be discussed here. The proceedings of the Cabinet could be only discussed with the consent of the Cabinet; that's plain. With regard to the other document. That question was brought before me earlier, and I ruled I cannot declare a discussion on that document out of order. It depends on the members' sense of propriety. They were requested by the President to regard the document as confidential. It is not a question of order; it is purely and simply the President's request.

MR. LORCAN ROBBINS (LONGFORD AND WESTMEATH):

I understand the Dáil is the master of the House and it is master of the Cabinet. Am I not in order in producing a motion that the document be brought in? It is a funny debating society, this.

MR. CATHAL BRUGHA (MINISTER FOR DEFENCE):

It is not a debating society.

MR. KEVIN O'HIGGINS (ASSISTANT MINISTER FOR LOCAL GOVERNMENT):

I would have wished to examine the difference between the Treaty and the proposals a united Cabinet would have proposed. I would have asked to what extent it affected the lives and fortunes of the plain people of Ireland, whose fate is in our hands. I would have asked you to consider the prospects the rejection of this Treaty opens up and come to a decision with a view to your tremendous responsibility. I do not wish to be forced into a stronger advocacy of the Treaty than I feel. I will not call it, as Mr. Devlin called the Home Rule Act of 1914, a Magna Charta of liberty. I do not hail it, as the late Mr. Redmond hailed it, as a full, complete, and final settlement of Ireland's claim. I will not say, as Mr. Dillon said, that it would be treacherous and dishonourable to look for more. I do say it represents such a broad measure of liberty for the Irish people and it acknowledges such a large proportion of its rights, you are not entitled to reject it without being able to show them you have a reasonable prospect of achieving more [hear, hear]. `The man who is against peace' said the English Premier in presenting his ultimatum, `must bear now and for ever the responsibility for terrible and immediate war'. And the men there knew our resources and the resources of the enemy, and they held in their own hearts and consciences that we were not entitled to plunge the plain people of Ireland into a terrible and immediate war for the difference between the terms of the Treaty and what they knew a united Cabinet would recommend to the Dáil. Ireland, England, and the world must know the circumstances under which this Treaty is presented for your ratification. Neither honour nor principle can demand rejection of such a measure in face of the alternative so unequivocally stated by the English Prime Minister. Neither honour nor principle can make you plunge your people into war again. What remains between this Treaty and the fullness of your rights? It gives to Ireland complete control over her internal affairs. It removes all English control or interference within the shores of Ireland. Ireland is liable to no taxation from England, and has the fullest fiscal freedom. She has the right to maintain an army and defend her coasts. When England is at war, Ireland need not send one man nor contribute a penny. I wish to emphasise that. This morning the President said the army of the Irish Free State would be the army of His Majesty. Can His Majesty send one battalion or company of the Army of the Irish Free State from Cork into the adjoining county? If he acts in Ireland, he acts on the advice of his Irish Ministers [applause]. Yes, if we go into the Empire we go in, not sliding in, attempting to throw dust in our people's eyes, but we go in with our heads up. It is true that by the provisions of the Treaty, Ireland is included in the system known as the British Empire, and the most objectionable aspect of the Treaty is that the threat of force has been used to influence Ireland to a decision to enter this miniature league of nations. It has been called a league of free nations. I admit in practice it is so; but it is unwise and unstatesmanlike to attempt to bind any such league by any ties other than pure voluntary ties. I believe the evolution of this group must be towards a condition, not merely of individual freedom but also of equality of status. I quite admit in the case of Ireland the tie is not voluntary, and in the case of Ireland the status is not equal. Herein lie the defects of the Treaty. But face the facts that they are defects which the English representatives insisted upon with threats of war, terrible and immediate. Let us face also the facts that they are not defects which press so grievously on our citizens that we are entitled to invite war because of them. I trust that when we come to cast our votes for or against the ratification of this Treaty, each member will do so with full advertence to the consequences for the nation. I trust each member will vote as if with him or her lay the sole responsibility for this grave choice. I would impress on members that they sit and act here to-day as the representatives of all our people and not merely as the representatives of a particular political party within the nation [hear, hear]. I acknowledge as great a responsibility to the 6,000 people who voted against me in 1918 as to the 13,000 who voted for me [hear, hear]. The lives and properties of the former are as much at stake on the vote I give as the lives and properties of the latter. I cannot simply regard myself as the nominee of a particular political party when an issue so grave as this is at stake. To ratify this Treaty, it has been said, would constitute an abandonment of principle, and it has been said that to ratify the Treaty would be a betrayal to those who died for Irish independence in the past. I said in Private Session, and I say here again now, principle is immortal. If the principle of Ireland's nationhood could be vitally affected by the action of a representative body of Irishmen at any time, it has died many deaths. The chieftains of the Irish clans swore allegiance to Henry VIII. The members of Grattan's Parliament were pledged in allegiance to the King of England. From 1800 to 1918 we have been sending Irishmen to Westminster, pledged in like allegiance. And yet when men, realising there was always a mandate for revolution because the people's will could not be interpreted as it should be---when men went out fighting for a Republic---no one ever suggested that they acted dishonourably because of the allegiance given to Henry VIII, by the chieftains, or of the allegiance given to his successors by those Irishmen who sat in Irish and English Parliaments. There has been too much talk of what the dead men would do if they were here and had our responsibility. There are men here, many of them, who carried their lives in their hands for Ireland during the last four or five years, men who but for a fortunate accident might well be dead; they are here to speak for themselves. When I hear it quoted 'What would so and so do if he were here?' I think of the men who risked daily for the last three or four years and who will vote for the Treaty. The men who died for Irish independence never intended that the country should be sentenced to destruction in a hopeless war, if all its rights were not conceded. The men who died, died for the welfare of the Irish people, and when I see men like the Minister for Finance, the Chief of Staff, the Adjutant- General---

MR. R. MULCAHY (CHIEF OF STAFF):

Let them talk for themselves.

MR. KEVIN O'HIGGINS (ASSISTANT MINISTER FOR LOCAL GOVERNMENT):

Some of them have talked for themselves, and in support of the Treaty. I realise if these men had lost their lives in the war there would be people getting up and saying, `If they were here they would not support the Treaty.' Now I come to King Charles' head---the Oath of Allegiance. Some call it an oath of allegiance. I do not know what it is. I can only speak of it in a negative way. It is not an oath of allegiance. There is a difference between faith and allegiance. Your first allegiance is to the Constitution of the Irish Free State and you swear faith to the King of England. Now faith is a thing that can exist between equals; there is if I might coin a word, mutuality, reciprocity. It is contingent and conditional, and I hold if you had sworn allegiance to the Constitution of the Irish Free State anything that follows on that is not absolute but conditional on your Constitution being respected, and conditional on the terms of the Treaty being adhered to. In the second clause of the Treaty you have two words of which Deputy Childers took very little stock---he waved it aside: `The position of the Irish Free State in relation to the Imperial Parliament and Government and otherwise shall be that of the Dominion of Canada and the law, practice and constitutional usage governing the relationship of the Crown or the representatives of the Crown, and of the Imperial Parliament to the Dominion of Canada shall govern their relationship to the Irish Free State.' . Now, those two words `practice' and `usage' mean much more than Mr. Childers was prepared to attribute to them. They neutralise and nullify `law'. They were put in with that purpose. The English representatives offered to embody in the Treaty anything to ensure that the power of the Crown in Ireland would be exercised no more than in Canada---in other words, that there would be no power of the Crown in Ireland. Mr. Childers says who is to be the judge, who is to decide, where is your court? Everyone knows we will be represented in the League of Nations. That's the Court. For another thing, I take it we ourselves will decide. If we consider our rights are infringed, then we stand solely on our allegiance to the Constitution of the Free State, and nothing else [hear, hear]. I have said we have responsibilities. We have responsibilities to all the nation and not merely to a particular political party within the nation. If I felt that by resuming war we had even an outside chance of securing the fullness of our rights, that consideration would scarcely deter me, but I am not prepared to sacrifice them for the sake of handing on a tradition to posterity. I take it that we are the posterity of the generation that preceded us, but they do not seem to have worried much about handing on a separatist tradition intact to us---we had to go back to '67 to dig it up. We may rest assured that if this political experiment fails, and if the shoe pinches, posterity will take its own measures of alleviation and will do so in circumstances infinitely more favourable than those which prevailed when this generation grappled with the task. It is possible to be over solicitous about posterity. If we were to tell the man in the street that we proposed to sacrifice him in order to hand on a tradition to posterity he would probably complain that he was being forced to carry an undue burden because he had the misfortune to be alive to-day instead of to-morrow, and ask plaintively what had posterity ever done for him. I do not wish to be flippant about what has been a sacred ideal to us, a thing for which we have fought and worked and prayed for years, to which we have given liberally the best service of body and mind and soul, an ideal sanctified by the best blood of our countrymen and ennobled by the sacrifices of a gallant people; but I do ask for a frank admission that in face of tremendous odds we have gone as near the attainment of that ideal as is possible in the existing circumstances. I do ask for a frank and fearless recognition of political realities. I do ask for an endorsement of the view of our plenipotentiaries that embodied in this Treaty you have a measure of liberty that may honourably be accepted in the name of our people, not indeed a complete recognition of what we have held, and still hold, to be their right, but at least a political experiment to the working of which we are prepared to bring goodwill and good faith. I think it unwise and unstatesmanlike that England's representatives have thought fit to insist under threat of war on certain clauses of that Treaty. I do the English people the justice of believing that they would gladly have endorsed a more generous measure. I hardly hope that within the terms of this Treaty there lies the fulfilment of Ireland's destiny, but I do hope and believe that with the disappearance of old passions and distrusts, fostered by centuries of persecution and desperate resistance, what remains may be won by agreement and by peaceful political evolution. In that spirit I stand for the ratification of this Treaty---in that spirit I ask you to endorse it. I ask you to say that these five men whom you sent to London, and pitted against the keenest diplomats of Europe, have acquitted themselves as well and as worthily as our army did against the shock troops of the British Empire---both they and our army have fallen somewhat short of the ideal for which they strove against fearful odds. But I ask you to say that in this Treaty they have attained something that can be honourably accepted. The welfare and happiness of the men and women and the little children of this nation must, after all, take precedence of political creeds and theories. I submit that we have attained a measure which secures that happiness and welfare, and on that basis and because of the alternative and all it means for these our people, I ask your acceptance of and your allegiance to the Constitution of Saorstát na hEireann [applause].

MR. SEAN MACSWINEY (WEST, SOUTH, AND MID- CORK):

I cannot say that any of the arguments advanced by any of the delegates or their supporters would change me. I think, on the whole, that their arguments are the arguments of despair. Mr. Arthur Griffith said that, in his opinion, this was a final settlement and a satisfactory settlement, the Minister for Finance says it is not a final settlement, and Deputy Kevin O'Higgins says he hopes for better terms. Mr. Arthur Griffith said the Treaty would be accepted by 95 per cent. of the people. I do not know exactly what percentage of the population of Ireland I represent, but I have my instructions in my pocket to vote against the Treaty. I do not refer to the military men in my constituency; I refer to the civil population. I hold against the Chairman of the Delegation that any one man won the war. The war is not won yet. This is only a period of truce. That is what we had always impressed on us in the South so as not to let ourselves get soft, and I hope we have not done so. He also said if we are going to go into the Empire, let us go in with our heads up. We cannot, and we never intended to go into it at all. I think the contention that has been made by speaker after speaker in favour of the Treaty that we are endeavouring to put the delegates in the dock, is wrong. I hold when the delegates came back we were entitled to know what led up to the signing, and not have it hurled at our heads like a bomb---and, I hope, like a dud. The Chairman of the Delegation says the Treaty was signed on an equal footing, equal speaking to equal. The Minister for Finance says there was no threat used to make them sign it. Deputy Kevin O'Higgins says they were threatened with immediate and terrible war and that the man who would refuse to sign the Treaty would go down to posterity as being the man who brought immediate and terrible war on the country. Other members of the delegation have not spoken yet. If they were threatened in private they will let us know. Deputy O'Higgins seems to have some inside information on the matter. I note all the Deputies speaking are vastly concerned with the civil population. I wonder if they have all their mandates from the civil population to accept? I doubt it. All I know is that the men who sent me up here instructed me to vote against it. They expressed the opinion that such advice or instruction was not necessary, but in case I might go wrong, they issued the instructions. The peculiar thing about this Treaty, and the move that's being made to ratify it, is, I don't quite know how to term it. But I will say one peculiar point about it is that seconding of the motion of acceptance by Commandant MacKeon. Commandant MacKeon is a brave soldier, whose bravery was acknowledged by the enemy as well as by his own [hear, hear]. None braver. And I hold when he was asked to second the motion, it was taking an unfair advantage of the rest of us [cries of `No']. The Press of the country, as we know, is against us; it always has been. The Minister for Finance accepted responsibility for some of us being excommunicated. The last ban has not been lifted yet, but it does not worry us. Are the members serious about unanimity? We know people would stand solidly behind us again. I can always speak for my own in the South. Probably the men saying `No, no' could never speak for their constituents. I am sorry Commandant MacKeon seconded. I can answer for the Army of Munster. I am not a Divisional Commandant, but I can answer for the Army of Munster, and I have been empowered to answer for them [cries of `You cannot'].

MR. P. BRENNAN (CLARE):

You cannot.

MR. SEAN MACSWINEY (WEST, SOUTH, AND MID-CORK):

If I cannot, I will probably be directed in the morning by officers in a position to direct me. I am sorry to see Commandant MacKeon putting himself in the position in which I have got the assurance that we of the South do not stand with him. I do know if we go back to hostilities that he will be there as he was before. I am just using that point because I believe unfair tactics were brought to force the ratification through. It was unfair to him and everyone else in the Army to put him in that position. I do not know that I have got much more to say in the matter. I have sworn an oath to the Republic, and for that reason I could not vote for the Treaty. In my opinion any man who has sworn an oath cannot accept the Treaty. The people who want the Treaty can vote for the ratification, but that will never defeat the Republican idea [applause].

MR. R. C. BARTON (KILDARE AND WICKLOW):

I am going to make plain to you the circumstances under which I find myself in honour bound to recommend the acceptance of the Treaty. In making that statement I have one object only in view, and that is to enable you to become intimately acquainted with the circumstances leading up to the signing of the Treaty and the responsibility forced on me had I refused to sign. I do not seek to shield myself from the charge of having broken my oath of allegiance to the Republic---my signature is proof of that fact [hear, hear]. That oath was, and still is to me, the most sacred bond on earth. I broke my oath because I judged that violation to be the lesser of alternative outrages forced upon me, and between which I was compelled to choose. On Sunday, December 4th, the Conference had precipitately and definitely broken down. An intermediary effected contact next day, and on Monday at 3 p.m., Arthur Griffith, Michael Collins, and myself met the English representatives. In the struggle that ensued Arthur Griffith sought repeatedly to have the decision between war and peace on the terms of the Treaty referred back to this assembly. This proposal Mr. Lloyd George directly negatived. He claimed that we were plenipotentiaries and that we must either accept or reject. Speaking for himself and his colleagues, the English Prime Minister with all the solemnity and the power of conviction that he alone, of all men I met, can impart by word and gesture---the vehicles by which the mind of one man oppresses and impresses the mind of another---declared that the signature and recommendation of every member of our delegation was necessary or war would follow immediately. He gave us until 10 o'clock to make up our minds, and it was then about 8.30. We returned to our house to decide upon our answer. The issue before us was whether we should stand behind our proposals for external association, face war and maintain the Republic, or whether we should accept inclusion in the British Empire and take peace.

Arthur Griffith, Michael Collins, and Eamonn Duggan were for acceptance and peace; Gavan Duffy and myself were for refusal---war or no war. An answer that was not unanimous committed you to immediate war, and the responsibility for that was to rest directly upon those two delegates who refused to sign. For myself, I preferred war. I told my colleagues so, but for the nation, without consultation, I dared not accept that responsibility. The alternative which I sought to avoid seemed to me a lesser outrage than the violation of what is my faith. So that I myself, and of my own choice, must commit my nation to immediate war, without you, Mr. President, or the Members of the Dáil, or the nation having an opportunity to examine the terms upon which war could be avoided. I signed, and now I have fulfilled my undertaking I recommend to you the Treaty I signed in London [applause].

MR. MICHAEL COLLINS (MINISTER FOR FINANCE):

I move the adjournment until to-morrow morning at 11 o'clock if the President is agreeable.

MISS MACSWINEY (CORK CITY):

Before the adjournment is put to the House, may I ask the Minister for Publicity whether the Press understand they are here by the courtesy of both sides to act impartially, and whether it is clearly understood that this is a very serious matter which has to go forth impartially to the nation, and whether it is part of the compact of the Press that they should report the speeches on one side in full and take all the arguments out of the President's speech, leaving nothing but plain conclusions, and whether he will interview the Press on this matter and see that they will report impartially, or whether, in the event of such a promise not being given by the Press, we shall ask this House to request the Press to withdraw. This is a very serious matter for our people. We would like to hold this meeting where the whole people of Ireland could hear it, but since that is not possible, we are at the mercy of the Press. I do think the Press ought to act honourably in this. I think it is well to bring this matter before the Minister for Publicity, in order that the Press give a guarantee, or we shall ask them to withdraw.

MR. DESMOND FITZGERALD (MINISTER FOR PUBLICITY):

I do not think the last speaker understands the circumstances of bringing out early editions. The last speech to appear was the President's, of which a resume was given. I have seen the chief reporters of the chief Dublin Press and they, to my knowledge, issued instructions to the reporters to report both sides fully. I am quite satisfied that when you come to see the later editions of the evening press you will see the President's speech absolutely verbatim. We have an arrangement which guarantees that as far as the Press which reaches most of the Irish people is concerned, the reports will be quite fair.

COUNTESS MARKIEVICZ (SOUTH DUBLIN):

With regard to the Press, could we not arrange to hold a Session to-morrow in the Mansion House where our friends would get a chance of hearing the arguments on both sides?

MR. SEAN MCENTEE (MONAGHAN):

With regard to the Director of Publicity's statement, I would like to refer him to the Evening Herald 5.30 Edition. The account there is absolutely disconnected, and it conveys an altogether wrong impression of the effect of the speech on the House. Further on I look at the speech of the Minister for Home Affairs, who seconded the rejection. Again the speech is very badly reported. Look, then, at the speech of Count Plunkett: it is altogether omitted. I quite understand that the gentlemen of the Press labour under great difficulties in the House, but in a paper issued at 5.30 there is no reason why the report of a speech delivered before 1 o'clock has not appeared.

THE SPEAKER:

We cannot have a general discussion on these things.

MR. J. J. WALSH (CORK CITY):

It may be taken by the Press and public that we are in favour of a partial presentation of reports. I would certainly appeal to the Press, and I would inform them that as far as I am concerned---and, I suppose, everybody else who intends voting for the Treaty---that we desire every point essential to the information of the Irish people should be included in the reports.

PROFESSOR STOCKLEY (NATIONAL UNIVERSITY):

I beg to second the motion for adjournment.

MR. SEAN MCGARRY (MID-DUBLIN):

There has been a suggestion made by one of the Deputies from Cork that there was a compact between one side and the Press [cries of `No---sit down']. I will not sit down. There was a suggestion of a compact [cries of `No, no'].

MR. MICHAEL COLLINS (MINISTER FOR FINANCE):

I think the Deputy from Clontarf misunderstands what the Deputy from Cork said. The Deputy from Cork was quite clear, but was going on an earlier edition. The late edition of the Telegraph has the speeches up to a certain point. They are given in full. Mine is not and I have no grievance [laughter].

MR. CATHAL BRUGHA (MINISTER FOR DEFENCE):

The Government is still in office, and as one member of it I will certainly use my influence to prevent the Press from being present tomorrow if the speeches are not fairly in tomorrow's papers [hear, hear]. With regard to the suggestion of the Dáil meeting in the Mansion House, the original decision of the Cabinet was that a public meeting would be held at the Mansion House, but owing to the Aonach being held there---a fact which we overlooked---we had to change that decision and come here. The Aonach is over now and I understand the exhibits are removed. Consequently, with the kind permission of the Lord Mayor, there is no reason why we should not have a meeting at the Mansion House to-morrow [hear, hear].

ALDERMAN W. T. COSGRAVE (MINISTER FOR LOCAL GOVERNMENT):

If a decision on the matter were already given at the Secret Session, are we to be like a Board of Guardians, passing a resolution one day, and rescinding it the next day? [laughter].

THE SPEAKER:

There is a motion for adjournment.

MR. CATHAL BRUGHA (MINISTER FOR DEFENCE):

I move that the Dáil meet at the Mansion House to-morrow at 11 o'clock.

MR. GRIFFITH (MINISTER FOR FOREIGN AFFAIRS):

Is that a motion?

COUNTESS MARKIEVICZ (SOUTH DUBLIN):

I second it.

MR. GRIFFITH (MINISTER FOR FOREIGN AFFAIRS):

Before that is put, I may mention that President de Valera said to me that at a Public Session you will have partisans on both sides. The task of keeping order will be impossible and the selection of people to be allowed to the meeting will be impossible. Only a thousand can get in, and as the secretaries know, you will have all kinds of blame that this person was there, and that person was not. Every person who is not allowed in will say it is on account of the political issue. You will be speaking to a public meeting, not to a Session of Dáil Eireann.

PRESIDENT DE VALERA:

I agree absolutely with Mr. Griffith in the matter [applause].

BRUGHA (MINISTER FOR DEFENCE):

In deference to the President, I would be willing to have a meeting here, but seeing what has been already said with regard to the obvious partiality of the Press, it is quite clear that we should go to a place that will hold the biggest number of the Irish people, so that they will hear the whole case. They won't hear our case if the statement in regard to the speeches published today is correct. The Irish people should know the whole case. Unfortunately up to now there are two sides; please God in the finish there will be only one. I presume the other side do not fear publicity [ `No, no']. Then why not have the meeting there? Of course if the President insists---

PRESIDENT DE VALERA:

I do not want to insist, but the reasons given are cogent. It would be unwise on short notice like that to have a meeting in the Round Room. Such a course as is suggested would be a corrective to the partiality of the Press. It is simply as a corrective. If we cannot get fair play from the Press we must have to think of it. I would certainly not be glad to be forced to that sort of thing at this stage.

THE SPEAKER:

I declare the motion for the adjournment of the House until to-morrow morning carried.

The House rose.

DÁIL EIREANN PUBLIC SESSION Tuesday, December 20th, 1921

The DEPUTY-SPEAKER (MR. BRIAN O'HIGGINS) took the Chair at 11.35 a.m. and said:

MR. BRIAN O'HIGGINS

The business for to-day is the continuation of the discussion on the motion put before the Dáil by the Minister for Foreign Affairs and Chairman of the Delegation to London. The first speaker is Teachta Seán Etchingham.

MR. GRIFFITH:

Just a moment, before you proceed with the discussion. This is the first time that I saw this document [(the Agenda for the day)]. Now according to this I am to move my motion again and President de Valera is going to move something else. I want to know why I was not consulted about this new procedure?

PRESIDENT DE VALERA:

Yes, I gave notice that when the vote for ratification---I hope that word will not be misunderstood. We have said from the start that there could be no question of ratification of this Treaty. It is altogether ultra vires in the sense of making it a legal instrument. We can pass approval or disapproval. I again say when the vote is taken on this resolution of approval and decided, that I shall move No 2. This is simply to be the order of the day---to provide for the possibility of a vote being taken to-day, so that my motion would be in order.

MR. GRIFFITH:

Am I to understand that the first vote has to be taken on approval or disapproval of the Treaty?

PRESIDENT DE VALERA:

Yes.

MR. SEAN ETCHINGHAM:

I was one of those who at the first Public Session, and during the Private Session, tried to have all our business transacted in public. I thought that some of those who were opposed to us in this matter conveyed the idea that we wanted to have it in private, that we were afraid to face the Irish people. Well now that is not so. I know, and we have not very many politicians on our side or in this assembly, that everything that has been done has been in the interest of Ireland. But the most tragic thing of all was not that the Delegates did not return to Dublin, but that they published that Treaty, and that the Minister for Foreign Affairs gave an interview and said to us and to the people of Ireland, `The end of the seven-and-a-half centuries of fight is over and Irish liberty is won'. Our people have been stampeded. Our people, while they may know something about it to-day, knew that the entire Cabinet sent the Plenipotentiaries back on that particular Saturday, and they felt that they signed with the will of the entire Cabinet: that is what had been conveyed to the country. Now I wanted everything in this matter, every document presented to the Irish people---they will be in time. I wanted all our discussions out in public, before as many people as can attend, for I knew that we had no Press. I told you here in Private Session, and I reiterate it here, that we have not even the mosquito Press, we have not a Scissors and Paste; we have not A Spark.I have discovered that we have one provincial paper, The Connachtman. That is the position we are in, and we are not afraid to face the public, and we are not afraid to have every document published. The Delegates have given their word of honour to the English Government that they won't publish these documents unless the English Government agree, and we have to hold to that word in the interests of the honour of our country. So we are told. But I say here we want everything in the open; we want the Irish people to

know everything that happened, and the Irish people will, and then they can judge. We heard swan songs yesterday evening, songs I never thought I would have heard in the Parliament of the Irish Republic. The Assistant Minister for Local Government said things yesterday. No speech delivered on our side could bear the same strength to carry out our purpose, and that is the rejection of this Treaty: this Treaty of terror; this Treaty that will ensure the perpetual subjection of our people. He even said---I was sorry to hear him say so---that young men in the streets of this city would be sorry they would be born in the time when the war was waged. I don't believe that is so. I was in this city during all the time of the terror, and I never heard a young man or a boy express terror. I don't believe it is so. I did feel assured that the future of Ireland was safe because the young men had the idea, the boys had the idea, the children had the idea. I have heard young men here express different sentiments, but I do hope it is only a temporary obsession. I believe that England will never again get a grip on this country, because this Treaty will be rejected. Now I will come to some points in this Treaty. I heard yesterday from my old friend, the Minister for Foreign Affairs, that he was a disciple of Thomas Davis, a disciple of Thomas Davis who had brought Young Ireland through the papers he had edited to what he held, and to what, thank God, a great number held, the idea of separatism, complete separatism, from the British Empire. He may not have intended it to, but, thank God, it had that result. I have heard him state, and I think I heard the Assistant Minister for Local Government state, and during the Private Session I heard another Member state---I think it was he gave them the idea---that they would march into the Empire with their heads up---`March into the Empire with their heads up'. They are brave men who say so, in the Parliament of the Irish Republic. Even though we see on the walls `Up the Republic' obliterated, I say they are brave men to say so here, and I admire brave men, even though I believe them to be wrong. Into the Empire with their heads up! Rather into it with their hands up. Yes, they might hold up their heads, but they are holding up their hands, for this is a Treaty of surrender of the principles they are here to uphold. I have heard gentlemen speak of the dead---let the dead rest. I can well understand that, for the boy Kevin Barry marched to the gallows with his head up, but his hands were pinioned to his side, and other men faced the firing parties, and other men faced the hangman with their heads up but their hands pinioned to their sides. Now we are told by suggestion, and we will be told openly before this closes, that these men faced the firing parties, and walked to the gallows, having fought bravely as soldiers for Colonial Home Rule. My God! I say this is defaming the memory of the dead. I will always hold an admiration for Commandant MacKeon, but it will be an admiration as a soldier, not as a politician. There is a great difference between the two. I was sorry, very sorry to hear the statement he made yesterday, and he too when, as the Minister for Home Affairs says, time will tell the result of this, will be sorry for this. As the brave soldier, the Blacksmith of Ballinalee, Ireland will remember him, not as the politician who seconded that motion to ratify this Treaty. No, I say here that the men who fought and had the Fenian tradition, the men who are in their graves, it is unfair to their memory, a defamation of their memory, ever to say that they died for Colonial Home Rule, that they died to have us to march with our heads up into the British Empire. I have heard from all sides many arguments about this oath, and I have heard that this Treaty is one that should be ratified, but truly, men, every one of you that have spirit, you must remember this statement made by the Minister of Economics (Riobárd Bartún). That statement will be recorded in history as one of the most momentous ever made. It was a human address---[hear, hear]---but it told a terrible tale. I have called this a Treaty of Terror. Somewhere yesterday, I think, the Minister of Finance referred to a Coalition, but what it conveyed to me was, and I would like to have that cleared up before the Session closes, was there a coalition of pressure, of terror, between the three members of the Delegation who were in favour of signing and the members of the British Cabinet who urged them to sign? Was there a coalition between these three members and the British Government to compel Riobárd Bartún and Gavan Duffy to put their names to that? I would be sorry to be told there was, even though the claim is to be put forward that it was in the interest of Ireland. But that is a tragic story, the story of black Monday night, the 5th and 6th December; we were immovable on the Saturday, and our course was undermined on the Tuesday. You know what happened. There are more particulars---and we know them, you Members of the Dáil know them, and the people of Ireland must know them---of the story of that black Monday night. I admire the Minister of Finance. He has told us, and it is true of not alone him, but of the greater number of us, that he went over to get things, not words; he went over as a plain man to get things, and he knew little or nothing, and didn't want to know, of legal phraseology. That is a manly statement, and what I would expect from him. But Treaties---what are they? The words of a Treaty are translated by international lawyers, and a lawyer of repute has said that that agreement that is now presented to us is couched in the very same language that Lloyd George mesmerised Wilson, the President of the American Republic, with. If he mesmerised Wilson, with all the power of the American Government behind him---the power of the United States---ah, I cannot wonder that he mesmerised our people when he shook the papers in their faces. Perhaps there was some powder on the paper [laughter]. He certainly threw dust in their eyes. He doped them, and the result was their signatures. And he not alone did that, but listen to the words of Riobárd Bartún: `That they should undertake to go back and recommend it'. To me this is a sad, one of the saddest things I have ever met in my life, for I fear that I never will again get the chance of seeing my country in the position she was in on the 3rd of December. No, some of the young people may if you do your duty, if you act as men, if you are true to the Irish Republican Oath. I know how some of you young men have got the idea that you are doing the right thing. You interrupted the President when he was speaking yesterday to you of a welcome to the King of England, but for God's sake get that idea out of your heads that you are going to do this thing. If you are going to vote for this treaty, go right into the British Empire, go in with your heads up, do not have a mental reservation about the terms of that oath, do not have any illusions about having a Republic inside of the terms of that Treaty; do not have the idea that in one year, or two years, or five years, or ten years you are going to have your country free, for if the iron of the truce has entered your souls, after six months of it, and you are not prepared to fight, you will not do so after one year, two years, or ten years, when you have Colonial or Free State fat in your bodies. No; let us be true and let us be straight. I am, as I told you here in Private Session, a Republican by conviction. I am, as I said, a Separatist. I never was, and never could be, what some men openly have avowed here they are, a compromising opportunist. When I took the first oath in the present Parliament I took it without mental reservation and I mean to keep it. I am now asked to forswear myself. And for what? To give my country, my dismembered country Colonial or Dominion status. In short, what is it to be?---an Irish Dominion or Free State if you like---a bow window in the western gable of the British Empire. I will never agree to it, and I say it has been proved here, and let it be disproved by the Minister for Foreign Affairs, that this Treaty was a Treaty forced upon them, a Treaty of terror; and he comes back here, and, I hope in God, in his concluding speech that he will do something better than in his opening speech; for as an old friend, and as one who has had the greatest respect, and still holds the greatest respect for him, no matter what happens, I was sorry to hear that statement. I thought of the fine virile voice in which he spoke to his opponents, and I was saddened at heart. But there is one thing I will ask him to explain as a disciple of Davis. Davis says a treaty to be binding must be voluntary. Was it voluntary upon the part of Riobárd Bartún? We have not yet heard anything from Gavan Duffy. England never made a treaty which she did not break. He knows that I have read that in his writings in the United Irishman and elsewhere. He knows all that, England has never made a treaty she did not break. I wished to God that Arthur Griffith had remembered what Terence MacSwiney has written about the final effort. He has quoted Terry MacSwiney, and he has told the people of Ireland to endure, and his words will go down to history: `It is not they who can do the most injury but those who can endure the most who will win'. `Tell them nothing matters if they don't give in, nothing, nothing. The last moment, that is the important time to grip. Then what is the good of being alive if we give in'. That was the philosophy of Terence MacSwiney's life, and he proved it in Brixton. Now we are told it is an impossible fight, and we are told we must give in. I hold we cannot in honour give in, and I repeat what I said the other day: there is a dual honour involved in this, the honour of our country and our own personal honour. Any of you who have taken the oath of allegiance to the Irish Republic, I hold that before you do this thing you should be, as a good number here are, prepared to die. Your country's honour demands it. We have heard a lot about this oath, that it is a simple thing that anybody could take, that it only means to be faithful to King George of England, and that it means nothing at all. We have read in the Press quotations from Webster's Dictionary with regard to the Plenipotentiaries, and I went to the trouble of looking up Webster. I heard some legal gentleman in this assembly discussing this thing the other evening; I have been used to them, listening to them at Petty Sessions and other sessions and courts, and I know how they twist words, and I know what they mean by them---good men, some of them, but very few [laughter]. Now the word faithful---according to Webster, and he is a classic in this question of settling the fate of a nation---means `

    firm adherence to the truth and to the duties of religion;

    firmly adhering to duty, true fidelity, loyalty, true to allegiance;

    constant in the performance of duties or services, exact in attending to commands;

    perseverance to compacts, treaties, contracts, vows or other engagements, true to one's word;

    true, exact conformity to the letter and spirit, faithful performance of contracts;

    conformity to the truth;

    constant, not fickle, as a friend

'. Now we have the Scripture brought in even in Webster---`True, Timothy, second chapter, eleventh verse'---and what to all of us is far more important to remember: Be thou faithful to death and I will give thee the crown of life''

---Revelation, chapter 2.

Ah, if you go into this thing, take this oath without any mental reservation and go in, as the Minister for Foreign Affairs told you, and as the Assistant Minister of Local Government and one of the Deputies for Tyrone told you, with your heads up. I have seen dogs whipped, and I know where their tails are. Go in, anyhow, with your heads up; go in and for the first time in the history of this country be part and parcel of the British Empire. You know it perfectly well. I noticed yesterday when the one man able to deal with this, who tried to deal with it---Erskine Childers---got up to speak, there was a whole procession left the hall. There were young men leaving the hall who even had hardly looked at this Treaty and are going to vote for it. It was a grand demonstration of indifference. Oh, the agony of heart that anyone must feel, after the glorious fight that was put up, that men would do such a thing as that and would not listen to the one man who is equal to it here in this assembly. I have never heard it really touched by any man that wants to have it pushed down the throats of the Irish Nation. I even heard a Member of this assembly actually trying to pass a joke about that statement of Riobárd Bartún. That is terrible. Do we realise what we are doing? Ah, I am afraid we do not---some of us---

MR. COLLINS:

I am afraid ye don't.

MR. ETCHINGHAM:

We may be honest in this matter. We may say it is the very best thing for this country, but let us not have any illusions about it, let us remember that we are going into the British Empire and putting our people in it. Every child born in this country, if this thing is ratified, will be a citizen of the British Empire. Can any of you deny that? Can any of you who left the House and did not listen to Mr. Erskine Childers, try to deny that? The children will be born into allegiance to the King of England; that is implied by birth in any of his Dominions. And this is to be a Dominion, this old Irish Nation. The Minister of Home Affairs challenged you to contradict him that you cannot leave this part of the British Empire in future without a passport from the British Foreign Office. There are none to contradict it. My God! then what is the use of having this camouflaged Free State? They gave us a name, but my good friend, Commandant MacKeon, is looking for substance. Has he even that? No, he has not. Another of the men here in this assembly of my colleagues and comrades has been told he can vote for this thing. I know some of them would rather tear the tongues from themselves and cut their hands off than support and sign this. But they are told they can vote to recommend it and then retire. I admire the Minister for Foreign Affairs and the Minister of Finance. When they put their pens to this they undertook to come here and recommend it, and, I am sure, administer it. We can understand that. It is a manly attitude, but I say the most contemptible, the meanest creature that ever trod a sod of Ireland is the man who votes for this, but says that he would not swear or that be would not sign it. There are men here who said that they could do that. I hope I will live, and that I will have the opportunity and the strength afterwards to tell them what I think of them. There are members here of the G.A.A. Some few years ago---two years ago---they expelled from the Gaelic Athletic Association Civil Servants who had taken the oath of allegiance, men who had helped very much to build it up, men with large families and a great number of dependents. But they went out, they were driven out, and I agree with it, because I held then I had done something in the past to have the Gaelic Athletic Association in conformity with the Fenian tradition. Now I ask the men of the G.A.A., of which I am a member, if they vote for this thing, to go into it with their heads up, and if the athletic games are held in Croke Park let Lord Lascelles, who is to be called the Duke of Dublin, throw in the hurling ball. Let us go in with our heads up, but this I say to you finally, if you do vote for this thing, that posterity---the Assistant Minister of Local Government says he does not mind posterity---will denounce you, for if you do it it will be a renunciation of your principles, of your allegiance to the Irish Republic. Nay, it is more, it is the burial service over the grave of the Irish Nation, and there is to be no firing party [applause].

MR. FINIAN LYNCH:

A Chinn Chomhairle is a lucht na Dála, tá fhios agaibh go leir cá seasuighim-se ar an gceist seo. Dubhart libh cheana fein sa tsiosón príomháideach go bhfuilim-se go dian ar thaobh an Chonnartha so. A Chinn Chomhairle, before I pass on to say the few things that I have to say about the Treaty itself, I would like to refer to a few things in Deputy Etchingham's sermon. With regard to publicity, he seems to suggest that those who are for the Treaty are afraid of publicity. Every document that this Dáil wanted, a committee was appointed to provide them with, and we more than once expressed our wish that every document should be published to the Irish people, including Document No. 2. Deputy Etchingham is trying to tell this House and trying to tell the people of Ireland that Lloyd George, shaking a paper in front of the face of Michael Collins was able to put the wind up Michael Collins. Let the people of Ireland judge whether it is so easy to put the wind up Michael Collins. That kind of eyewash is not going to go down with me or with any man who has soldiered with Collins, or with any person in Ireland who knows what he has done. As regards the statement that we will have to get a passport from the British Government to travel out of Ireland after this, what have you got to do now? Have you not to get a passport signed by them now, or else you have got to go to Michael Collins to get you out of the country [hear, hear]. Now we have had a great deal of emotion here and a great deal of emotional speeches about the dead. I say for myself that the bones of the dead have been rattled indecently in the face of this assembly. Now I am alive, and I took my chance of being killed as well as any white man in this assembly, and I challenge any man to deny that. Now I am here to interpret myself, and I stand for this Treaty; if I were dead, and if I were to be interpreted, I should ask to be interpreted by the men who soldiered with me, and by the men who worked with me in the National movement. It has almost become the custom here in this debate for every man getting up to throw bouquets at his own head. It started, as far as I well remember, with a tale of boy heroism from Belfast, and it permeated south through Louth, Kildare, and Tipperary. I am not going to throw any bouquets at my own head, and I want no one else to throw bouquets at my head. I did my share as I could , and I don't want anyone to thank me for it. I would ask to be interpreted by comrades who have stood with me, men like Gearoid O'Sullivan, Piaras Beaslai, or Austin Stack, with whom I campaigned a good deal. Now I stand for this Treaty on four grounds, and the one I mention last is the one that will mean the most to me. I stand for it because it gives us an army, because it gives us evacuation, because it gives us control over the finances of the country, and lastly, and greatest of all to me, because it gives us control over our education. I believe the gallant soldiers of this assembly stand for it because of the army and because of the evacuation it gives. They have a far greater right to speak on that line than I have, although I too can claim to be a soldier. I stand for it because of the fact that it gives us control of education. Somebody interjected here yesterday, and I did not like the interjection, `What about the Councils' Bill?' Now I knew Pádraic Mac Piarais, as every man who worked in the Gaelic movement---in the Gaelic revival---knew him, and, as regards that interjection about the Councils' Bill, all I can say is that the only reason that Pádraic Pearse stood for the Councils' Bill was because it gave some control over education, and he was an educationist. Now this Treaty gives us far more control over education than the Councils' Bill, and I think the people of Ireland would be well advised to consider before they sling it back. I, like many others, started in the National movement by going into the Gaelic League; now if the object of the Gaelic League, as I understood it, was not to get control over Irish education, then I don't know what we were doing in the Gaelic League. There was a hardy annual at the Ard- Fheis, resolutions condemning Starkie and the Board of Education. This gives control over your education, and you can get rid of the Gaelic League's hardy annual before the Ard-Fheis, which will save a lot of us at least a great deal of boredom. One argument that has been made against this Treaty by the other side, or at least dope that has been served across, is that this thing was signed under duress. It is an insult to the men who signed to say so, and it is an insult to your intelligence to try to make you believe it, and the people of Ireland are not going to believe it. The man who does a thing which he has no right to do, whether it be under duress or otherwise, is a coward. I knew office boys here in Dublin---out of offices of the Dáil---who with a pistol to their heads refused to give any information about their offices or the people in the offices---[hear, hear]---and Michael Collins and Arthur Griffith would be less courageous than these young boys---boys in their teens---if they did such a thing. I say it is an insult to your intelligence to ask you to believe it, and it is an insult to the men who signed it. A point has been made by Sean MacSwiney. I am sure he can speak for his constituents. I can speak for mine just as well as Sean MacSwiney can speak for his; I know what the people want; I know that I can speak for my own people---for the people of South Kerry, where I was bred and born.

A Voice from the body of the Hall:

No.

MR. LYNCH:

With one exception. Yes, a minority of one against, an Englishwoman. Well, if I am interrupted from the body of the Hall, I will reply. I say that that person should be removed from the Hall, a person who interferes with a speaker in this assembly, and I ask the chair to protect me. I have said that we are not afraid of publicity, because we are not afraid to show the Irish people that it is not a difference between this Treaty and the Republic. It is as between this Treaty and a compromise which is less than the Republic. I hold, anyhow, as one plain man that it is a choice of compromises, and I will have the compromise that delivers some goods and not the compromise that takes you back to war---takes the Irish people back to war. I will swallow the compromise that gives something. I will have none of the compromise that drives this country again into a welter of blood. I, too, am no constitutional lawyer. There has been a suggestion that the Provisional Government or Transitional Government---presumably the Government that is provided for under this Treaty---if set up by this assembly would be a usurpation. I would like to know then where constitutional Government begins. If a Government set up by the majority of the representatives of the people of a country is a usurpation, then what in the name of God is constitutional Government? Somebody has said, `Time will tell'. Yes, I say time will tell, and I have my right to interpret what time will tell just as much as the person who made the remark. I say that time will tell, if this Treaty is rejected, that we through desperate gallantry---that is throwing bouquets at ourselves---brought about a certain situation, but that we had not enough common sense to see who had that situation when we had brought it about. That is what time will tell, according as I see it. I have very little more to say---I am speaking longer than I intended, as a matter of fact. But mind you when you are casting your votes what you are doing. Mind you that you are going to bring the people back to war, and make no mistake about it; and when a situation like this will come after more blood, and when you come up here to discuss the terms of surrender and to appoint plenipotentiaries---if you go back on what is now signed---there is no country or no Government in the world that would receive any man you send over, because they can always say: `You sent them before and you threw them over when they went back; well, keep them at home'.

MRS. O'CALLAGHAN:

A Chinn Chomhairle is a lucht na Dála, ba mhaith liom labhairt ar an gceist seo, ach ós rud e ná fuil an Ghaedhilg ag na Teachtaí go leir ní mór dom labhairt as Bearla. A Chinn Chomhairle, I rise to support the President's motion for the rejection of these Articles of Agreement, and, lest anybody should afterwards question my right to stand here and criticise and condemn this Treaty, I want it to be understood here and now that I have the clearest right in the world. I paid a big price for that Treaty and for my right to stand here. The last Deputy talked about indecent rattling of the bones of the dead in this assembly. Since I came up to Dublin for this Session I have been told, with a view to changing my vote, I suppose, that my husband was never a Republican. I challenge any Deputy in this Dáil to deny my husband's devotion to the Republic, a devotion he sealed with his blood. I would ask the gentlemen who say he was never a Republican, but who say they are Republicans, and intend to vote for this Treaty, to leave my husband's name out of the matter. I have been told, too, that I have a duty to my constituents. They, I am told, would vote for this Treaty, and I ought to consider their wishes. Well, my political views have always been known in Limerick, and the people of Limerick who elected me Deputy of this Dáil two months after my husband's murder, and because of that murder, know that I will stand by my convictions and by my oath to the Irish Republic. There is a third point I want to clear up. When it was found that the women Deputies of An Dáil were not open to canvass, the matter was dismissed with the remark: `Oh, naturally, these women are very bitter'. Well, now, I protest against that. No woman in this Dáil is going to give her vote merely because she is warped by a deep personal loss. The women of Ireland so far have not appeared much on the political stage. That does not mean that they have no deep convictions about Ireland's status and freedom. It was the mother of the Pearses who made them what they were. The sister of Terence MacSwiney influenced her brother, and is now carrying on his life's work. Deputy Mrs. Clarke, the widow of Tom Clarke, was bred in the Fenian household of her uncle, John Daly of Limerick. The women of An Dáil are women of character, and they will vote for principle, not for expediency. For myself, since girlhood I have been a Separatist. I wanted, and I want, an independent Ireland, an Ireland independent of the British Empire, and I can assure you that my life in Limerick during 1920, culminating in the murder of my husband last March---my life and that event have not converted me to Dominion status within the British Empire. I would like to say here that it hurts me to have to vote against the Minister for Foreign Affairs. He was a friend of my husband. Every night in my home, as in most Irish homes, prayers went up for him, and for the President, and for all who were standing by the country. I have the greatest admiration for him, but this is not a matter of devotion to a leader, or devotion to a party, it is a matter of principle, and you may sneer at principle, some of you. It is a matter of principle, a matter of conscience, a matter of right and wrong. From a study of the private documents, and from what happened at the last Dáil meetings in August and September, I have no hesitation in admitting that the delegates who went to London had full powers to negotiate and conclude a Treaty, but---and I am only a plain person, a person of plain intelligence---I understood they were to submit the final draft to the Cabinet and the President before signing. That was not done, and we know why it was not done. The Minister for Economics explained that last night. The delegates were---I don't like to use the word---but still the delegates were bluffed by the threat of war into signing that Treaty. Well, it cannot be helped; they did their best. But I do resent some of the delegates and their supporters in this House trying to use the same bluff on us here to get us to vote for that. I cannot see what war has to do with it. You will say that is a woman's argument, but we know on whom the war comes hardest, and I repeat I don't see what war has to do with it. If we had not a soldier or a gun in the Irish Republican Army I would vote against that Treaty, and I will tell you why. I read and studied by myself the Terms of the Treaty when it was published and boomed in the Press on the Wednesday, and, I admit, and who could blame me, with a mind sharpened by sorrow, I came here for the last five days, and I listened to arguments which left my attitude unchanged. I am, as I said, a Separatist, and my objections to the Treaty are fundamental. This Treaty, which we are told gives us the substance of freedom, to my mind puts Ireland definitely on a Dominion status within the British Empire. Now what have all these hundreds of years of struggle been for? What has it been about? What has been the agony and the sorrow for? Why was my husband murdered? Why am I a widow? Was it that I should come here and give my vote for a Treaty that puts Ireland within the British Empire? Was it that I should take an oath to be a faithful citizen of the British Empire? I tell you if you approve of this Treaty the Republic of Ireland, which I swore a solemn oath to uphold and honour, will sink in the world's eyes to less than Dominion status within the Empire. Now as to this question of the oath---I am afraid it was I raised the question of the nature of the oath in Article 4 of the Treaty. When I asked the question as to the nature of the oath, every legal man in this assembly, and many who were not legal or logical, tried to explain it. I still fail to see how in swearing an oath of allegiance to the Free State I can avoid King George. To my mind---and, as I said before, I am only a plain person---in swearing to the Constitution of the Irish Free State I cannot avoid him. He is in the Constitution. Anybody can have another try to convince me yet---I am open as long as I am alive. May I say here, too, that if I had found the terms of the Treaty satisfactory and consistent with National honour, the joy in the British Press would have made me suspicious. There has been much talk about the splendid gesture of England in settling this centuries' quarrel with Ireland. If the settlement were all that the papers maintained it is, it would be an admirable thing, and it would help to raise British credit throughout the world, but this Treaty will not make for peace, because it does not recognise the sovereign independent status of Ireland, and, to my mind, it is a mean thing to try to patch up the wrongs of the Empire by a pretended gift of freedom to us. It is more than mean; it is a crime, for it leaves England's hands free to deal with places like Egypt and India, and in the name, I suppose, of our common citizenship. Those who know me and my sorrow, if I may refer to that again, know what little bitterness I feel against the actual murderers of my husband. I can claim that they walked the streets of Limerick after he was shot, and I never asked, as I might have done, to have him avenged by Irish Republican Army bullets. But I do feel bitter now that the thing he and I cared about and worked for, the thing I lost my happiness for, should be voted away by young men, the young soldiers in whom we had such hope. He lies in Limerick in the Republican Plot, and though you Deputies of An Dáil bring Ireland within the Empire, there are points of it which your suffrages cannot touch. Where he lies is Republican ground, and I defy you to violate it. In this I speak for the other women who are careful for the honour of their dead. We are making history here to-day, and our decision will have a far-reaching effect. If there is any Deputy here who has not yet made up his mind, I would ask him for God's sake, before he does, to think well and stand for principle and against the Treaty.

MR. P. HOGAN:

A Chinn Chomhairle, I rise to support this motion, that Dáil Eireann approves of this Treaty, and, before coming to the Treaty itself, I want to repeat here again a point which I think could never be repeated often enough. The time-honoured authentic demand of Ireland is for independence, and in comparison with that the form of the independence, the form in which that independence should clothe itself was no more than a secondary consideration. I think that without exception---I don't know whether I should say that, but I will say that that definition of Ireland's historic time-honoured demand is a fair definition. And it is in the light of that definition that this Treaty must be examined. For many hundred years Ireland has been struggling for existence, spiritual and material; for many hundred years the iron has entered her soul, and during those long years of struggle Ireland's statesmen had at no time shown an inclination to be meticulous about the form, and Ireland had never perhaps less inclination than at this moment. There are men and women in the Dáil who are Republicans first, last, and all the time; there are men and women in the Dáil who bear great names, who consider themselves, and rightly consider themselves, the heirs to a great tradition, and they consider that tradition binds them to vote for nothing less, and no other form of government but the Republic. But I have only this to say: I am a private Member here, and I am in the same position as a great many other private Members here and those people whom I have just spoken of cannot complain of us if we take up the attitude that the only tradition we can recognise is the tradition of the rank and file of our constituents, and that is no mean tradition no matter what county we come from. I have this further to say, and it is just to add a word to what was said by the Minister of Finance: there is one tradition or one principle---whatever you like to call it--- absolutely certain; there is one principle that has no conditions or no limitations, it is the principle on which the Republic rests and that is the principle of `government by the consent of the governed' [hear, hear]. And I say that any Deputy here who votes in favour of this Treaty, knowing that his or her constituents---I am speaking to anyone who is in that frame of mind---are against that Treaty, is doing wrong. That may be a bitter thing, but it is democracy. There is an attempt made to meet that claim, that principle, by the argument, which I do not agree with, that the Irish people at the present moment are war-weary and unnerved, anxious for peace; in other words, that we must save them from themselves. That is a false argument, a specious argument, it is false in a double sense. If the Irish people were war-weary, and if they wanted peace, they are entitled to have it. That is the principle. I heard a lot of passionate talk about principles. I don't want to be cynical, but it is forced home on me, that all the passion is reserved for the principles that suit the argument for the moment. I say it does not lie in the mouth of any Deputy---I don't care who he or she is---here to make excuses for the Irish people at this stage. The people who stood up to the terror of the last two years, the people who all the time kept honour before interest, are not going to be false now. And that consideration applies straight and direct to any Deputy here who is voting against his constituents. Now Deputy Etchingham stated that there is no meaner, no more despicable man than the man who was going to vote for this Treaty feeling that he ought to vote against. There is, and that is the man---and I know no-body will misunderstand---who is going to vote against this Treaty, but hopes it will be ratified. Now I come to the Treaty itself, and I am not going to make any apologies for it. I don't like to take up the position---as a Deputy here who happens to be a lawyer and who makes very little pretension to any knowledge---of expounding constitutional law on this question, but whether I am a lawyer or not, it is my duty to myself, and it is the duty of every Deputy here, as far as his ability enables him, to clear up those points on which we are going to take a most momentous vote. In what I am going to say now I will only justify myself by saying that I have done my best to discover what exactly is the meaning of the provisions of the Treaty, and that I don't propose at this great moment to make any debating points on one side or the other. Now in this Treaty Clause 2 states that in fact the relation of the Crown with Ireland---of King George V. with Ireland---shall be the relation of King George V. with Canada, `subject'--- now mark this well---`to the provisions hereinafter set out'. What is the relation of George V. to Canada? He is not the King of Canada, and consequently he is not the King of Ireland. That is constitutional law which I don't know can be challenged by anybody. He is not the direct Monarch of Ireland, as the President stated yesterday. The King of England exercises certain rights in Canada as King of England. And now I will come in a moment to the question of whether he exercises certain rights in Ireland as King of Ireland. He certainly exercises rights in Canada as King of England. He exercises them not by virtue of statute or by anything else, but by virtue of something which is behind all statute law, and which is summed up in the oath of allegiance which the Canadians take. The oath of allegiance which the Members of the Canadian Legislative Assembly take is a very simple oath---it is the same in South Africa---`I
[gap: blank to be filled/extent: 2/3 words]
do solemnly swear to bear true faith and allegiance to King George V., his heirs and successors'. It is by what is summed up in that oath that King George V. exercises his rights in Canada. That is what is behind it, and that sums up all the constitutional usage and all the constitutional theory that George V. has in Canada. Now, coming to Ireland, I come back to remind you that the Canadian position, as far as we are concerned, is modified by the words `subject to the provisions hereinafter set out'. The provisions hereinafter set out, as far as the Irish Free State is concerned, are in the oath. Now this is the oath: `I
[gap: blank to be filled/extent: 2/3 words]
do solemnly swear true faith and allegiance to the Constitution of the Irish Free State'. And the point is made here that the true faith and allegiance to the Irish Free State implies true faith and allegiance to the King---not the King of Ireland, remember, because he is not King of Ireland by law, by that Treaty or by anything else, but King George V. I may be wrong. It is not a very important point, but I never yet heard of an oath of allegiance, meant to be an oath of allegiance to a King, that did not expressly mention that King. I think that is good principle of interpretation of constitutional law. Further you have the second clause of the oath: `And that I will be faithful to his Majesty King George V., his heirs and successors by law, in virtue of the common citizenship of Ireland with Great Britain and her adherence to, and membership of, the group of nations forming the British Commonwealth of nations'. Now there is another principle of constitutional law which we must apply to that. It is this---that where a king or monarch is mentioned in the oath the full relations between him and the person who is taking the oath must be fully defined around his name and cannot be added to or subtracted from in any other part of the document. That is a well-settled principle of constitutional law, and I say that by this it is perfectly clear and perfectly plain that the only relation which we have---you may quarrel with it if you like---with King George V. is this, to be faithful to him as head of the British Community of Nations. There are Deputies here in this House who won't agree with that. That is a matter for themselves, and it is a matter for every one. That is what I want to get cleared. I don't know whether after Mr. Etchingham we should have any further definition of faithfulness, but in any case faithfulness in law by any Constitution implies equality, and so far as the relationship between Ireland and Great Britain is regulated by that oath, Ireland is an equal under the letter of that Treaty with England, and if England is a Sovereign State so is Ireland under the letter of that Treaty; I believe that to be good constitutional law. Now Mr. Erskine Childers pointed out, quite rightly, that constitutional law is not the same definite thing as statutory law. There are questions of opinions, questions of difference arising out of that, and you have authorities on both sides of the question. That can be carried perhaps too far, but up to a certain point it is correct. But my point is this, that under that Treaty you may get reactionary lawyers who, to keep up their briefs, will argue one way, while others, who have no such object in view, will argue the other way; but I say the weight of constitutional law is on the side of that interpretation. I say this, which is more, that that Constitution contains legal sanctions which give Ireland a sovereign status, if we have only the nerve to grasp it. I believe that firmly about that Treaty. That is the constitutional position as I see it. Another thing, you cannot discuss this question of constitutional status; you are constantly mixing it up with the question of the powers you have under the Treaty. I heard in one and the same breath criticism of Ireland's status and these other matters I have also mentioned brought in. Nobody knows better than some of the men who used these arguments that the one thing has nothing to do with the other. France could arrange by Treaty to give England control of every port she has if she so wished it, and it would not take one iota from her Constitution. I also heard the words for ever and permanent bandied about by Mr. Childers, by the President, and by the other people who were expounding constitutional law in connection with the Treaty. The words for ever and permanent are words that should not be used in connection with the Treaty. The Treaty is a bargain between two Sovereign States, and our delegates in making that Treaty made the first Treaty that was ever made by Ireland with England and went further to get recognition of Ireland's sovereign status than all that has been done in all our history. Now that is all I have got to say about status. I say again under the letter of that document we have legal sanctions for sovereign status if we have the pluck and nerve to go and take it up. I ask are we going to throw that away, and for what? Now I might be wrong. I am not infallible, but it is the duty of every Deputy who is going to vote against the Treaty to convince himself honestly that I am wrong. Now with regard to the powers you have under the Treaty, we found Mr. Childers talking yesterday that you have not got such and such under the Treaty, and then that even if you had you would not get it. You cannot do business and you cannot clear up anything on these slippery lines. I don't mean slippery in any dishonest way, but confused thinking of that sort. Let us first of all consider what the letter of that Treaty gives us. It gives us complete financial control, it gives us as much financial independence as England has, as France has, and a lot more than Germany has. Education was mentioned, and somebody said it gave us more powers for education than the Councils' Bill. It does; it gives us complete, untrammeled control over education, as much as England has, and as much as France has. I want to know if anybody will deny that, and I do not want to have any confusion about it. It gives us the right to raise an Army, and I could furnish a series of arguments in this respect, but I do not think it necessary to do so. It gives us after five years the right to provide for our own coastal defence. [Cries of `No' and `Yes']. Now I want to clear up this point:

Until an arrangement has been made between the British and Irish Governments whereby the Irish Free State undertakes her own coastal defence, the defence by sea of Great Britain and Ireland shall be undertaken by his Majesty's Imperial Forces, but this shall not prevent the construction or maintenance by the Government of the Irish Free State of such vessels as are necessary for the protection of the Revenue or the Fisheries.

The foregoing provisions of this Article shall be reviewed at a conference of Representatives of the British and Irish Governments to be held at the expiration of five years from the date hereof with a view to the undertaking by Ireland of a share in her own coastal defence.

I was wrong [applause]. I want to be perfectly honest with you. I said that after five years Ireland will have the right to have her own coastal defence. It turns out to be a share.

PRESIDENT DE VALERA:

She won't have that either.

MR. HOGAN:

I will make a present now to anyone here of that point. We have the right under this Treaty to have ambassadors in every country in the world---a legal right; Canada has the right and we have it. We have the right under this document to sign any Treaty we like, and to refuse to sign any Treaty we like. We have the right to see, before we are directly or indirectly, or in the slightest way committed to anything that may lead to war, that we be fully consulted, and that our consent be given. That is the letter of that Treaty. In fact Mr. Erskine Childers described the Canadian powers as `virtual independence'. We have virtual independence under the letter of that Treaty. We have it on the admission of Mr. Childers---

MR. CHILDERS:

Not on my admission.

MR. HOGAN:

Under the letter of that Treaty, if we have Canadian status we have virtual independence. We have more, we have a far wider status than Canada, because, as far as our sovereignty is concerned, we are a long step in front of the most forward and powerful nation in the British Commonwealth of Nations. I believe that to be strictly true. We have powers for everything. These are the powers which we have under that Treaty. Now we will come to the question of whether we can get these powers or whether proximity or the possession of three or four harbours is going to prevent us. I heard the proximity argument used also and used in the most extraordinarily confused sense. The proximity argument apparently applies to this Treaty, but to nothing else. If the delegates brought back a Treaty on the lines of the recognition by England of an isolated independent Republic the proximity argument would be there, and there in full. I am not going into the question now as to whether the possession or the occupation by a few marines under the guns of our Army of a few ports of Ireland as a military proposition makes a terrible difference. I will leave that to Commandant MacKeon and Mr. Childers. I won't go into it. What I want to know is: is our position that we are getting from England under a signed document all these powers and that we have not the pluck to come forward and take them? That is where you land yourself with that argument; that is the position. Now there is just one other point. We heard a lot about a final settlement. It honestly seems to me that we are taking ourselves too seriously in that matter. If every Member of this Dáil---and we are not unanimous, I am sorry to say---got together and unanimously agreed to come to some settlement, England being ready to consent to anything which would be a final settlement, they would not succeed. If we got an isolated Republic to-morrow morning our political developments, our development amongst the nations is only beginning. That, I think, is clear, and the question for us now is this: the Minister for Finance said, and rightly said, that for 700 years we are fighting, but we are up against a cancer in our midst; we are up against peaceful penetration; we are up against the fact that our population is draining away from this country and her resources are dying; that the invader is with us, and are we never going to start for ourselves? Are we always going to take up the attitude of seeking something that is a little in front of us while the world always moves on. I say that is the real point. Now finally we sent over our Plenipotentiaries, and I think everyone will agree with this, to do the most difficult task that any Plenipotentiaries in history were ever set to do. I say they have brought you back peace with honour. I say they have done their duty and that our time comes now [applause].

MR. SEAN T. O'CEALLAIGH:

A Chinn Chomhairle is a lucht na Dála, nílim-se chun mórán a rá, agus an meid atá agam le rá b'fhearr liom go mór e go leir a rá as Gaedhilg. B'fhearr le n-a lán againn e is dócha. Ach ós ceist tháchtach e agus ná tuigeann mórán des na Teachtaí an Ghaedhilg caithfead labhairt as Bearla. B'fhearr liom dá labhartaí níos mó Gaedhilge anso agus is ceart dom an míniú so. a thabhairt anso. A Chinn Chomhairle, there is no need to rehearse for you the articles of the so-called Treaty. Every Member knows them by heart, and all are agreed that what makes the Treaty so objectionable---to those who find it objectionable---is that it brings us into the British Empire, whether with our heads up or our hands down. We are to become West British by consent after 700 years. That and the loss of part of our territory, which I will touch upon afterwards, is my principal objection to the ratification of this Treaty. The first two clauses of the Treaty stereotype us as British subjects. Whatever material advantages we might gain from accepting this, the price paid is too high. If this is not true, can the supporters of this Treaty tell us why offers of Dominion status were so scoffed at by all of us on former occasions. A Dominion status is honourable in the case of Canada and Australia. Canada is free because she wills to be united to England, and Canada and Australia and New Zealand are in the great majority peopled by Britons. Ireland as a Dominion is not free because she does not will to be united to England or to the British Commonwealth, if you like, except, of course, for those who are marching into the British Empire with their beads up. And, moreover, Ireland is not peopled by Britain. Ireland is the old historic Celtic nation that for so many centuries had struggled for her existence and her national ideals next door to the race described by Jefferson in the graphic phrase `bloody pirates'. We have survived until to-day, and by heavens, in spite of this Treaty, we will survive. Even if it is ratified, before one year is out the Irish people will of themselves burst up this Treaty. They will turn their backs upon the men who have foisted it upon them and repudiate a document so radically opposed to all they thought worth living and dying for. Let me earnestly appeal to all assembled here to reject this Treaty unanimously. It cannot be worked in Ireland. All our traditions are against it. The Irish people will grow sick at the thought of common citizenship with their old, cruel and insidious enemy. With what feelings of despair will they see installed a Governor-General acting in the name of the King of England and representing British authority in Ireland for the first time with the consent of their elected representatives. I cannot bear to live to see such a man as Arthur Griffith, who has been an inspiration to us all, or even younger men who have won fame the wide world over for a heroism that is peculiar to Ireland, men such as Michael Collins, Dick Mulcahy, Seán MacKeon, and many, many of their associates---I cannot bear to see these men acting as Ministers and Generals in the name of his Majesty King George V. in Ireland supported by time-servers, surrounded by shoneens, West Britons, and all the shallow toadies and place-hunters that Ireland produces in as much abundance as any other country. For it is not making much of a prophecy to say that the loyal true-hearted, genuine Irishman will not rally round them. the Irish Ireland in which they grew up, for which they fought so valiantly will soon know them no more. We should all throw back at England this instrument of our subversion. We should all stand shoulder to shoulder in this act as we did in the fight. There should be no two sides on this vital question. So far I have dwelt upon the practical aspect of the case, but on a day like this a man must affirm his principles. Clause 4 of this Treaty lays down the form of oath that must be sworn by each individual Member of the Parliament of the Irish Free State. That oath I cannot give a willing vote in favour of. I am not a British citizen or subject, and I could not, without injury to my own self-respect, willingly subscribe to an oath or declaration of fidelity to which I did not agree. In justification of my refusal to subscribe to the oath, I claim that it is a contradiction of the Constitution of the Sinn Fein Organisation to which we are all supposed to belong. It is a violation of our Manifesto.

MR. KEVIN O'HIGGINS:

On a point of order, is this assembly concerned with whether the Deputy who is speaking will or will not be a candidate for the Parliament of the Free State?

MR. CATHAL BRUGHA:

That is not a point of order.

MR. S. T. O'CEALLAIGH:

I believe that it is a violation of the Sinn Fein Constitution, and also a contradiction of the Manifesto issued by the Sinn Fein Executive to the electorate before the General Election of December, 1918, and to me a distinct violation of our Declaration of Independence made at the first meeting of the Dáil in January, 1919. The documents I have here leave no doubt about that. I know that it will be claimed by other speakers that this oath is not an oath of allegiance to the King of England. For me, whether you describe it as an oath of allegiance or fidelity, or my word of honour, or even the vaguest undertaking, it is all the same, because the important thing is not so much the form of expression or declaration but the system of government which they are meant to typify. Government by Governor-General! Dominion status for Ireland! England imagines that she puts her finger in the eye of the Irish by attenuating an objectionable expression. She must laugh to think that while we pay with words she gets adopted the system of Government she ever wished to impose upon us. Let me remind you that we have not got Irish unity in return for this oath. The two great principles for which so many have died, and for which they would still gladly die---no partition of Ireland and no subjugation of Ireland by any foreign power---have gone by the board in this Treaty, and some good men are thinking of voting for it. Of all the things I have heard President de Valera say, I have never been in more thorough agreement with him than when he said in his speech last August, `Whatever may come of these negotiations, however we may come out of them, after our appalling history, one thing we cannot be excused for, and shall not be excused for, is to be fooled by England'. This brings me to my contention that there is no new situation in Ireland. England has fooled us to believe there is. To my mind, the difference between the form of government that will be set up in Ireland if we decide to ratify this Treaty is only a difference in degree, but does not differ in kind from the various forms of government adumbrated in Home Rule Bills put before the country at intervals in the last century. All the arguments that are used by supporters of the motion for ratification of this Treaty are arguments that have been used, and justly used, by supporters of the policy of the late Parliamentary Party. The late Mr. John Redmond and his followers maintained that their Home Rule Bill was but an installment of freedom and could, after acceptance, be improved. I see no difference in principle between what that party stood for and what we are asked by supporters of this Treaty to sign in the name of Ireland to-day. All I see in this offer is that the temptation is greater. The temptation, the bait offered by England, is not great enough; and nothing she offers short of independence would justify us asking our men to die and our people to make the sacrifices they have made, particularly in the recent past. Look down the long, the glorious, history of our struggle; read the lives of any of our great patriots; select any period you wish in the last three hundred years, and you can easily find in each century occasions upon which Ireland was asked to face such a crisis as the present. We have had put to us over and over again the same choice. It has always been as it is to-day the choice of self- sacrifice and death---extermination if England wills versus compromise, the imagined safe course and accommodation. What are we going to stand for to-day? May I earnestly beg and appeal of you to throw your minds back a few years and think of the choice that was given to our nation at the outbreak of the European war; think of the choice that was given to us when the threat of Conscription by a foreign Power was held up to us. I ask a number of my friends here to think of the choice that was made by beloved comrades of ours on the Easter Morning of 1916. They had exactly the same choice to make on that occasion that we are asked to make now. They chose the hard path, but they chose the honoured path. They and you and I who stood with them were hailed as fools, but the history of the last few years has shown that not alone were those men the most sincere patriots---which, of course,nobody in this assembly ever doubted---but that they were, and, this is what I want to emphasise, the wisest politicians of their time [applause].

THE SPEAKER:

Before we adjourn. Sean T. O'Ceallaigh has moved this motion: `That on re-assembling after the luncheon interval, the Dáil will go into Private Session for half-an-hour to hear the reply of the Minister of Defence to a statement made in regard to military affairs'.

MR. O'CEALLAIGH:

There were statements made at the Private Session which the Minister of Defence wishes to reply to. He has reported to me that he has the official reports now to put before the House, and if the House agrees to go into Private Session immediately after they return from luncheon, he would be very glad to have an opportunity of placing them before them.

MR. GRIFFITH:

I thought I heard the Minister of Defence asking for publicity. Now there is a request for a Private Session. We want everything fully known in public. We are now asked to go into Private Session again after being in Private Session for four days, and during which the Minister of Defence did reply on more than one occasion. Now I want to know whether the public are going to be fooled or not to be fooled?

MADAME MARKIEVICZ:

I was going to rise on a point of order to second the motion.

MR. GRIFFITH:

Everything has been fully discussed privately, and nothing has been stated here by any Member that requires a private reply.

MR. CEANNT:

I rise to support the motion. I see a great necessity for having a Private Session. I don't see why the English garrison in Ireland should be made aware of our preparations for the future. I think the Minister of Defence knows his business, and I think it would be a betrayal of the people of Ireland if we were to tell England what amount of ammunition or stuff we have.

MR. R. MULCAHY:

I would like to support the motion. If the Minister of Defence wants to give the answers in private, there is not the slightest difficulty I see from the point of view of routine. I am sure there is no Member of this House who cannot listen to anything that can be said on either side at a private meeting.

PRESIDENT DE VALERA:

I would like to say this, that I think it is most unworthy of certain Members of the house who know so well the whole circumstances to suggest we want secrecy. I think something else besides the Treaty has come from Downing Street.

MR. GRIFFITH:

I don't know what the President means by something else. [Cries of `Withdraw'].

PRESIDENT DE VALERA:

It means simply this: I think it most unworthy, considering all the circumstances, and the knowledge that the Minister for Foreign Affairs has of the matters that are under discussion, that a suggestion should be made that we want to keep anything from the public.

MR. GRIFFITH:

I want to know if these are private military matters that were discussed for three days. If the Minister of Defence wants to make a statement on anything that has been said in Public Session, there is no reason why he should not do so in public.

MR. CATHAL BRUGHA (MINISTER OF DEFENCE):

It should be quite obvious to everybody who knows the business end of a gun that there are things which may be necessary to be known by this House in regard to military affairs that might do serious injury to us, if when this Treaty is turned down, war be started against us, should they now be disclosed to the enemy. There were certain statements made late on Saturday evening to which I could only make a general reply. Those statements obviously were intended to frighten nervous people here in the Dáil, if there are such. Apparently the people in favour of this Treaty think there are such.It remains to be seen whether there are. In any case, I could not see the heads of the various sections into which I have the Department of Defence divided to enable me to refute the statements which really impugned the industry, the efficiency, or honesty of these heads of these sections. I have seen them since, and what I purpose doing is making a short statement myself and reading a short statement from them with regard to the charges---because they were charges---made late on Saturday night. It is for that reason I want a Private Session. It will not take me more than ten or fifteen minutes to say what I have to say.

MR. GRIFFITH:

That proposal is different from what I understood it. I understood the Minister of Defence wanted to go into Private Session to reply to anything that was said in Public Session. Do I take it that when the Minister of Defence makes this statement, he does not mean to suppress criticism of that in Private Session from other members?

MR. BRUGHA:

Certainly. It will not require more than half-an-hour.

MR. GRIFFITH:

I agree.

MR. NICHOLLS:

I would like to know if there would be any chance of this assembly meeting punctually. I think every man and woman here have made up their minds by this. I don't see the object of debating outside before coming in here.

MR. M. COLLINS:

In regard to this question of punctuality, everybody here knows that I am in my place every morning. I suggest that we ought to appoint somebody who would do duty as Sergeant-at-Arms and get the Members in. If we don't start punctually, it shows we don't mean business.

PROFESSOR STOCKLEY:

I suggest that the chair be taken at the hour fixed.

The House then adjourned.

On resuming after the Private Session,

PRESIDENT DE VALERA:

A Chinn Chomhairle, before the regular work of the Session begins, I would like to withdraw a remark I made at the end of the last Session. As you all know, I have not a hot temper, that it does not as a rule betray me, but the remark which I made is open to a construction certainly I did not want anybody to put upon it. It is serious on account of the fact that I put a certain document before the House at the Secret Session. I put it in for the purpose of eliciting the views of the Members and seeing the general feeling with respect to it. Reference to that document appeared in the public Press, and I felt that the Minister for Foreign Affairs was taking a tactical advantage of it to create an impression in the public mind that we had something to conceal. It put me in mind of one occasion in Downing Street when I remember I met with similar tactics. It was simply the reminiscence of that that made me suggest that he had brought something else besides the Treaty from Downing Street. I thought that an effort to make it appear that I was trying to conceal something from the public was unworthy of the Minister for Foreign Affairs. I am afraid my reply was still more unworthy and I apologise and withdraw it [applause].

MR. GRIFFITH:

I am quite satisfied with what President de Valera has said. It is quite worthy of him [applause].

MR. MICHAEL COLLINS:

As we are on a matter like that, it might be well if another Deputy would withdraw the remark he made with regard to the coalition between Downing Street and the Delegation [hear, hear].

THE SPEAKER:

I have received a telegram signed `Ginnel' and addressed to the President. [Reading] `I vote against ratification. Ginnell'.

MR. SEAN MILROY:

A Chinn Chomhairle, I believe every Member of the assembly knows upon what side I stand. If they have any doubts as to what is the reason or reasons why I take that stand, there will be no doubt left in their minds when I sit down. This assembly is the sovereign assembly of the Irish Nation, the sovereign representative assembly, and if it is not a representative assembly it has no purpose whatever [hear, hear]. Being a representative assembly, we are here endeavouring to give expression to the will of the people. If we resist the will of the people we are false to the trust imposed in us [hear, hear]. The will of the people to-day is that this Treaty shall go through, that this Treaty shall be ratified [hear, hear]. I am going to take off the gloves in this fight. There are men who to-day are resisting the will of the Irish people. Can they deny it? [Several Voices: `Yes!'] You deny that? [`Yes!'] Very well, then, if you gain the majority in this assembly, are you prepared to put before the people of Ireland the issue where the people will decide? [`Yes!']. Very well, the people will decide. President de Valera in the course, not only of the Private Session, but of the Public Session, declared that he believed the Irish people would ratify this Treaty if it were put to them.

PRESIDENT DE VALERA:

Yes, at this moment, but not after a campaign when it would be explained to them.

MR. MILROY:

Who would sit in judgment upon the Irish people?

PRESIDENT DE VALERA:

Themselves.

MR. MILROY:

Is it the majority of the Cabinet of Dáil Eireann? Where has vanished that principle of self- determination of the Irish people? [hear, hear]. What has become of the principle upon which we fought the whole of the bye- elections since 1908, since 1916, which is the principle that all just government rests upon the consent of the governed? [hear, hear]. Very well, then, before you can vindicate your assertion that you are not resisting the will of the people, you will have to take a decision of the people upon this grave issue with which the nation is confronted [hear, hear]. That is not all with which I am concerned. What I am concerned with is, in this decision upon this question affecting not only this generation but many generations---probably the whole future of our nation in this question---that it shall not be decided over the heads of the Irish people. I tell you if you attempt to do that, if you attempt it in your idea of the autocratic superiority of the Irish nation, when you have taken your decision the fury of the Irish nation will sweep you aside just as it swept aside the Irish Parliamentary Party [applause]. The only member of the Cabinet who is opposed to this Treaty that I can really understand is the Minister of Defence. He does not like this Treaty because he does not like peace. Peace does not agree with his temperament. I thoroughly believe that if the Delegation had brought back a Sovereign Independent Republic, he would have dreamed then of sending an expeditionary force to conquer the Isle of Man. Though my friend the Minister of Defence may be a potential Napoleon, that is no reason why there should be a gamble with the greatest and most sacred interests of the Irish people. We are not going to make the Irish nation a pedestal for any man to elevate himself upon to gratify his own peculiar proclivities. [Voices:`Oh! Oh!'] I mean nothing offensive, nothing whatever. As I said before, I am going to take the gloves off in this fight, and say what I have to say, and what I think the Irish nation thinks. It is not matters of courtesy nor the paying of compliments should concern us now. It is a question of what is the truth about this matter, what are the facts about this Treaty which is before us, whether it is something that Ireland can honourably and honestly take, or something that meets with the extraordinary contempt of Mr. Erskine Childers. Mr. Erskine Childers should surely be an authority on the question, because a few years ago, in his very interesting book, The Framework Of Home Rule, he said something to this effect, that no sane person could seriously consider the idea of an Irish Republic. That was in 1911. Is the man, who in 1911 had that view about Ireland---is that the man to get up here and sit in judgment on the men who have been working for the last twenty-five or thirty years for this thing he has spoken about? I have no objection to the enthusiasm of converts, but what I do object to is that they should endeavour to excommunicate those who were working for the old national cause in the days when they were doing something which had a very reverse effect. A little modesty, a little reticence in these matters would be more becoming than the sweeping condemnation of which Mr. Erskine Childers has delivered himself. Now I stand wholeheartedly for the ratification of the Treaty. I do that without misgiving, without doubt or equivocation. I believe that this Treaty is one which brings to Ireland peace with honour [hear, hear]. I believe it is one that gives Ireland real power, real authority, and real freedom. [Voices: `No!' and a Voice: `Not real freedom!'] I believe that it is one that gives Ireland real power, real authority and real freedom. [Voices: `No! No!'] I believe it is one that gives Ireland real freedom [No! No!]. I am going to attempt to establish what I have to say. I believe it is one that shatters for ever the alien domination that has blasted and wasted generations of our people. I believe it is one that terminates definitely the havoc, the agony, the waste and desolation of seven disastrous centuries. Now I was really astonished yesterday listening to the President's impassioned words. That President de Valera is a man who can without the aid of argument or logic deeply move an audience was quite obvious yesterday. With wild, impassioned tornado of denunciation he stalked across the prostrate remains of the Treaty [applause]. But it was not a display of statesmanship, it was not a display of logic, or argument. It was more like some wild fury which had run amok. I want to refer to something that is not quite so jocular. I have no intention of introducing into this assembly anything in the nature of merriment---none whatever. I have something to say which is the very reverse of that. It is a curious procedure we were treated to at the beginning of yesterday's proceedings. I refer to the much disputed document. I am not going to disclose it yet. It is a dead secret we have locked up in our bosoms, wrapped in mystery. The thing I want to get at is this---the purpose to which that document was directed, and I was amazed to think that President de Valera would have resorted to such tactics. [Voices: `Oh!'] I am in possession; let me say what I have to say. I am not saying anything offensive. Let me say what I have to say.

MISS MACSWINEY:

You can speak later on.

MR. MILROY:

When the first Session of this Dáil met, President de Valera intimated to us that he was going to formulate alternative proposals. I asked him if he would give them to us. He said he would. We discussed these for three days; we finished the Private Session without any intimation from him that it was to be regarded as a confidential document. When the Public Session commenced, the first word of the President's was that it must be considered a confidential document, and must not be referred to. At the same time he was bringing forward another set of alternative proposals. What are we to deduct from that save this, that he kept us talking for three days about a set of alternative proposals which went to the very root of the issue that is now before this assembly; that we came to discuss---

PRESIDENT DE VALERA:

Would I be in order? I think---

MR. MILROY:

I beg your pardon---

PRESIDENT DE VALERA:

I think, at least, these statements should be substantiated. It is quite a wrong construction to put on this. Everybody in this House knows it is a wrong construction.

MR. MILROY:

I do not know what construction Members of the House put on it. I only know the construction, the obvious construction, that comes home to my mind, and I am expressing that. If, when I have finished, it can be shown it does not bear that construction, I am quite prepared to let the matter pass and apologise if the circumstances warrant apology. I want to say how it appears to me, and how it appears to many others. When the Public Session began, we were not allowed to discuss the second document, but were promised that a second set of alternative proposals would be brought along. What object could that have save to make Members withhold their support of the Treaty in the expectation that something better would follow when the next set of alternative proposals was brought along? I may be wrong, but that is how it strikes me. Now, the value of this particular document, the only value for my purpose, is this, that the only reason that I regret it was not available for this discussion is this, that it does put before this assembly of the Irish people, it does disclose what is the issue which is agitating this Dáil at the present time. That issue is not the Treaty versus the Irish Republic.

PRESIDENT DE VALERA:

It is.

MR. MILROY:

It is not the Treaty versus the Irish Republic. The issue that we are faced with here in this Dáil is the issue of the difference between the Treaty and Document No. 2.

PRESIDENT DE VALERA AND OTHERS:

No! No!

MR. MILROY:

It is the issue, and no amount---I do not want to use an offensive word, I will use the word manoeuvring---and I say no amount of manoeuvring is going to obscure this Dáil or confuse the minds of the Irish Nation. The issue which this Dáil has to decide is between two forms of association with the British Empire [hear, hear]. Deputy Etchingham this morning said that this Treaty had the effect of putting a bow window in the western gable of the British Empire. Now I think it must have been Document No. 2 he was thinking about, because a bow window is very like external association [applause]. Another thing I want to say is this, and I wish all Ireland could hear me saying it, and I wish Mr. Ginnell could have heard me saying it before he sent that telegram. This is what I want to say. Mr. de Valera [A Voice: `President']President de Valera, I beg his pardon; President de Valera said that the difference between the two documents was only a shadow.

PRESIDENT DE VALERA:

I will speak of that document when the time comes.

MR. MILROY:

The difference between the two documents is only a shadow.

PRESIDENT DE VALERA:

Why would Britain go to war then?

MR. MILROY:

I am not quoting the words of any Englishman, I am quoting the words of President de Valera himself, that the difference between these two documents is only a shadow. Are we going to send the young men and young women of Ireland to the shambles for a shadow? Send them in a great and glorious cause and they will respond, they will die gladly, but send them to their death for that shadow! Will President de Valera, will the Minister of War, will the Minister of Home Affairs take the responsibility before humanity, before all history, for sending the young men and young women of Ireland to their death for a shadow?

PRESIDENT DE VALERA:

It is not for a shadow.

MR. MILROY:

It is time we realised where we are drifting to. I heard to-day passionate speeches. I heard to-day speeches that did not make people smile. I heard from Mrs. O'Callaghan to-day one of the most pathetic stories I ever listened to. It is not a thing to smile at, but a thing that cut to the heart of anyone listening to it. We don't want these tragedies multiplied a thousandfold in Ireland if we can help it [hear, hear]. I am not going to appeal to anything but your real and clear conception of what Ireland's national interests are. President de Valera said that in this Treaty we were presuming to set boundaries to the march of the Irish Nation. So far from that being true, we are smashing down the barriers that obstruct the march of the Irish Nation. He said that if this Treaty were passed the subsequent history that followed would be the same as that which followed the Act of Union. Whether you accept or reject our definition of this Treaty you cannot question the fact that it does give the Irish Nation great, tremendous, national powers. That is the difference between the Act of Union and this Treaty. The Act of Union took away from the Irish people their right, such as they had, to direct, mould and control their own land. This Treaty brings back to Ireland these powers [hear, hear]. There are other things that the President said I can only attribute to the impulse of the moment. He described the Treaty which, as I have said, brings back these powers to Ireland as the most unparalleled surrender in history. I think he must have been thinking of the surrender of these things on the part of the British Government [hear, hear]. He spoke of this as the most ignoble document that Irishmen could put their hands to. I can only put that down to some wave of eccentricity or distraction of mind when he was carried away with the flood of his own fury. I don't think that it can be denied, as I have already said, that this Treaty gives Ireland great and comprehensive powers, that it gives to Ireland these powers to direct and mould its own destiny of the future life of the nation. It eliminates from Ireland the British Army and gives to the Irish people the power of creating an army of their own to defend their country. Various definitions of the powers that this Treaty gives to Ireland have been given. I will quote another---Professor O'Rahilly of Cork. He says: `We have all the really important powers required for our normal, political, social and economic life. We have unfettered freedom in forming our political constitution, in social legislation, in education, in developing our national resources, in fostering our agriculture and industries, in framing our tariff policy, in regulating our taxes, our currency laws, our finances, in appointing consular agents abroad, in concluding commercial treaties with other countries'. I want to know if that is not the substance of real national power and national authority, what is it? Is this result going to produce the effects on Ireland's future the same as the Act of Union which President de Valera predicted? If these things are not going to produce a healthy state of life in the Irish Nation, then in God's name will President de Valera tell us what will?

PRESIDENT DE VALERA:

I will. Go on.

MR. MILROY:

What I have to say is that this is the most stupendous achievement that Ireland has gained for centuries. I will tell you another thing. This Treaty, as I have already said, provides for the evacuation of Ireland by the British Army. If war breaks out again on the rejection of this Treaty, that war will be fought to keep the British Army from evacuating the country. Is that a policy, again I ask, that recommends itself? Would it recommend itself to a lunatic? Would anybody but a lunatic turn aside a policy that should recommend itself to a sovereign assembly of the Irish Nation, to the men and women of Ireland who have the future destinies in their hands? I say if it is, then it is a policy that if they put it to the country they will bring about a great disillusionment to those who are in love with that policy. We have been told to disregard the horrors of war, that it is the women who suffer most in these things. That is a truth I for one will never question. We have listened to a deep and passionate story, and it is easy to know that it is the women who suffer most. Do they think we are callous about these things that they should fling it in our faces because we try to save the nation from what we think is disaster, that it is sufficient to close our mouths to say that it is the women who suffer most? It is the women that suffer most, and if war breaks out again, and we have a repetition of the raids and burnings and horrors of the last couple of years, will not the women who suffer most, will they not be somewhat bewildered when these things overshadow the land when they recollect that ratification of the Treaty might have averted all this? Will they not think it curious and inexplicable that though this Treaty provided a means by which the British Army would have voluntarily left Ireland, that those who held Ireland's fate in their hands decided upon a policy which had the effect of keeping that army here in order that the brave fighting young men of Ireland might earn an undying renown in a vain effort to eject them? Is this patriotism or folly? Is this statesmanship or criminality? Is this sanity or imbecility? [hear, hear]. Yes, it is the women of Ireland who will suffer most if the war breaks out in order that Ireland may attain President de Valera's shadow.

MISS MACSWINEY:

Shame!

MR. MILROY:

I am speaking what are facts. It is a shame. The whole nation will cry shame upon men and women and the policy that sent the nation to its doom for such a thing as that described by President de Valera as a shadow. We are told another thing, that we dishonour the memory of the dead when we speak in support of this Treaty, that we have forgotten the memory of the dead. It is not because we have forgotten, but because we remember the dead who died for Ireland that we stand where we do to-day [hear, hear]. It is because we want to ensure their sacrifices shall not have been in vain [hear, hear]. Now I come to the question of the oath of allegiance. We have had great denunciation of this oath of allegiance. I wonder would Members of the Dáil like to have the alternative oath of allegiance? How would the Members of Dáil like to have this form of oath:

I [gap: blank to be filled/extent: 2/3 words] do swear to bear true faith and allegiance to the Constitution of Ireland and to the Treaty of Association of Ireland with the British Commonwealth of Nations and to recognise the King of Great Britain as Head of the Associated States.

Now, I suggest, would that be more acceptable than the other? [Voices: `Yes!' `No! No!'] I am surprised that it would not, because it is the difference between the oath of the Treaty and that oath is the issue before the Dáil to-day [applause]. There, the cat is out of the bag now [hear, hear].

 

PRESIDENT DE VALERA:

I think this is most prejudicial. I think it is a shame that in a case like this that a matter should be dragged in which is not relevant to this issue.

MR. MILLROY:

Not relevant? It is the whole issue.

PRESIDENT DE VALERA:

I say it is most unfair treatment. It is not in the document---these secret documents which have been withheld from the public as a whole. If all the documents are published, I am quite ready and content. Let them all be published by all means. I say it is an attempt to prejudice not this body, because you cannot prejudice it. You all know all the facts, but to prejudice the public [hear, hear].

MR. MILROY:

Is this a point of order or a speech?

MR. GRIFFITH:

It is right that the Irish people should know that is the difference between us. I stand here and demand that the Irish people shall know the truth [hear, hear].

MR. MILROY:

I trust that what I have said will not unduly disturb the tranquillity of this assembly. I am here. I represent at least twice as much of Ireland as a good many Members of Dáil Eireann. I represent two constituencies, one in Northern Ireland, and one in what is called Southern Ireland. I have a great responsibility in this matter.

PRESIDENT DE VALERA:

So have we all.

MR. MILROY:

I, for my part, am not going to forget that I have to study the dispositions of those who sent me here, and the interests of those people and the interests of the Irish Nation are higher to me, greater to me, than the susceptibilities of any man or any body of men. We are fighting for the life and security of the Irish Nation. I told you when I began I was going to take the gloves off, and I don't mean to be prevented from fighting this battle to the end, because it is not convenient to some people that the whole truth about this matter should be told.

PRESIDENT DE VALERA:

That is not so.

A DEPUTY:

You are down and out.

MR. MILROY:

A gentleman has said---he did not think I overheard him---that I am damning myself. I don't care what the personal consequences to me are.

PRESIDENT DE VALERA:

It is not suggested by anybody.

MR. MILROY:

I don't care what the personal consequences are to me as a result of the attitude I am taking up and the vote I will give. I am thinking of the Irish Nation and the Irish Nation only. Now many people are susceptible about this particular oath in the Treaty, and if I adopted a procedure which one Member here seems to have assumed a monopoly of, and challenged this assembly to have it put to a show of hands of those Members who have already taken an oath of allegiance to England, I think there would be very few on the side of those who are standing for the Treaty. I am not going to put that challenge, but I do think we ought to realise what is the truth about this oath. This oath is distorted and mispresented. It has been clearly defined and explained by Deputy Hogan to-day, and I venture to think that even Mr. Childers will not be able to shatter one iota of his arguments. I want to say a word about Ulster. I have some responsibility, or at least some work in connection with the question of Ulster. Of late I am keenly interested in this matter. My two constituencies are both Ulster constituencies. I understand also that one of the Members for Monaghan is preparing, or has prepared, a fierce onslaught on this Treaty in connection with the question of Ulster. But I do think that his thunderbolt should have been reserved for the head of the President, because President de Valera stated that we would not coerce Ulster. He committed us to the task of finding some way out and making some arrangement without sending the troops of the Irish Republic to overawe the people in the six counties [hear, hear]. I think many of those who criticised the delegates must have been under the impression that when they left Dublin to go to London they set out as miracle workers. Did they expect---did the Deputy for Monaghan expect---that when they went to London they would be able to soften or destroy the asperities of centuries? Did they expect that they had more power there than Lloyd George and his Coalition Government? Did they expect that the five men who went there would be able to bring back an arrangement that was at variance with the declaration of President de Valera that we were not going to coerce Ulster? The fact is that the provisions of the Treaty are not Partition provisions, but they ensure eventual unity in Ireland. But, as a matter of fact, whether there were Partition provisions or not, the economic position and the effects on the six counties, area is this, that sooner or later isolation from the rest of Ireland would have so much weight on the economic state of these six counties as to compel them to renew their association with the rest of Ireland. That trend of economic fact will be stimulated by the provisions of this Treaty, and the man who asserts that Partition is perpetuated in that Treaty is a man who has not read or understands what are the provisions in the Treaty. Now I want to know before I sit down what is the alternative? I will not take as an answer another document. If another document were able to save this situation which will be created as a result of this possible rejection of this Treaty, if another document was sufficient for that purpose, we could pack this House with documents, but another document will not save the situation. We have had the Treaty before us. We have had the President putting forward what were termed counter-proposals and presented to us and discussed by the supporters of President de Valera as if they were documents on the same plane and had the same value, as if the British Government had agreed to both and we could take whichever we liked. The difference is this, and the difference is vital, the Treaty is signed and ready for delivery, the other is only mere speculation---what is likely to be a wholly impossible contingency. What is the answer--- what is the alternative? Reject this Treaty whether there is war or not. I do not raise the idea of war as a bogey to frighten the men and women of Ireland. They will not be intimidated by the spectre of impending war, but if war can be averted, is there a citizen of this State, is there a man or woman with any sense of their responsibility who will not endeavour to avert it if it can be honourably done? That is all we stand by---this Treaty. Reject this Treaty, you bring confusion and chaos throughout the whole of Ireland, and the sign to the bigots in Ulster to start with renewed vigour pogroms on the helpless minority [hear, hear]. Are you going to take the responsibility for that?

DR. MACCARTAN:

They can take care of themselves. You have sold the North in making this Treaty.

MR. MILROY:

That is an allegation the Deputy who made it will have an opportunity of proving, when he rises to speak, and I think he will have great difficulty in proving it. We have sold it. What have we sold? Do you suggest that any of the delegates who went over there were bribed?

PRESIDENT DE VALERA:

Oh, no.

MR. MILROY:

What is the meaning of that word sold? Is that the opinion of one set of Irishmen of another in this very grave crisis in the Nation's destiny? I think the Deputy who says that may not have much respect for me. I think he has less for himself or he would not have resorted to such a word.

DR. MACCARTAN:

I substitute the word betrayal.

MR. MILROY:

I do not think it would be becoming of me to take any further notice of his opinion. If the Deputy holds a doubt about me I am quite satisfied. I am taking the stand in this matter which my conscience dictates, and which I think the nation requires to-day. I believe by this Treaty Ireland's freedom can be won. Ratify this Treaty, and I believe you have Ireland in control of all that is vital in the nation's life; reject it and you may shatter any chance that Ireland may have for generations. Ratify this Treaty and the British Army vanishes from Ireland. Reject it and you will have the dread of this militarism stalking again through Ireland carrying disaster and woe in its march. Ratify this Treaty and you give to the people of Ireland control over their own affairs and you strike impotent the hands of those who have blasted and wasted Ireland's life for generations. I do not know what this assembly is going to do. I believe each man and woman will consider carefully the vital issues involved before them; they will act in accordance with what they believe to be the real interests of Ireland. In speaking as I have---I have simply one particular view point of this Treaty---I have tried to present what, in my judgment, are sound and staple reasons for holding that view, hoping it may influence some of those who have not finally made up their minds---whether they have or not I do not know. Whatever be the result, at any rate I am quite satisfied I have done what I conceive to be my duty, and I trust others will do theirs likewise.

PRESIDENT DE VALERA:

I want to refer to a statement about manoeuvring. It certainly would be an infamous manoeuvre---no other epithet could be applied to it than infamous---if I tried to get anybody here to reject the Treaty in the belief that some other document which was forthcoming was able to be used as a substitute. It was on that account, amongst others, I presented in the Private Session in advance a document which I could not bring in here as an amendment to the motion. No such amendment could be received. I wanted to have that document in your hands. You have had it put there for the purpose which you know. Every one of you know there is no skeleton here. It will be brought out to the Irish people in its proper place. All I can tell you is that in the form in which it will come, it will be exactly the same in substance, slightly changed in the form from the document you have had before you.

MR. GRIFFITH:

We have been speaking from the beginning with our hands tied by President de Valera's request. Is that document in its entirety going to be given to the public Press?

MADAME MARKIEVICZ:

I want to ask on a point of order, is it in order that reference should be constantly made to a document which is not put in and which is not before the House? Is it in order that this discussion has been brought forward, and this document is alluded to? I want an answer to that.

THE SPEAKER:

References are not contrary to order. I ruled that already.

MR. GRIFFITH:

Every one of us here is under a handicap.

PRESIDENT DE VALERA:

We do not admit it.

MR. GRIFFITH:

We have been here under a handicap. We got certain instructions from the Cabinet, which we used and acted upon. Now an attempt is made to represent we were to stand upon the unchangeable and uncompromising rock of the Irish Republic.

PRESIDENT DE VALERA:

No such attempt is made.

MR. GRIFfITH:

We want that brought forward.

PRESIDENT DE VALERA:

In order that the public might know, as the House perfectly well knows, the delegates went over to London for the purpose of trying to get reconciliation between Irish National aspirations and the Association known as the Community of Nations, known as the Commonwealth of Nations of the British Empire; and the fact that this Treaty does not reconcile them is the reason it is opposed by, I hope, the majority of the Dáil. The other document is one that the Delegation would have accepted had they been able to put it through in London.

DR. MACCARTAN:

As one who stands uncompromisingly for an Irish Republic, I am not for document No. 2.

MR. GRIFFITH:

We got on the 25th November certain instructions from the Cabinet which are being withheld now.

PRESIDENT DE VALERA:

I deny that.

MR. GRIFFITH:

Will you allow them to be published?

PRESIDENT DE VALERA:

The whole documents, every particle of correspondence between the Cabinet and the Delegation, and every particle of correspondence in London and with the Delegation can be made public.

MR. GRIFFITH:

I quite agree with the President, the sooner the better. It is perfectly fair---that is all right.

ALDERMAN J. MACDONAGH:

Mr. Milroy, in the beginning of his speech, said he was going to take off the gloves. Nobody objected to him for that, I am sure, but what the great majority of the House objects to his having done is hitting below the belt. The question at issue before the House is not document No. 2, but the question of Dominion Home Rule versus an Irish Republic [`Question'].

MR. GRIFFITH:

Produce Document No. 2. Let the Irish people see that document.

PRESIDENT DE VALERA:

I will produce it when this question, which is the only one before the House, the question of ratification or non-ratification, is finished.

THE SPEAKER:

We must have order.

ALDERMAN MACDONAGH:

I am afraid that those who are going to ratify the Treaty are losing their tempers, and from what I gather they must know the Treaty is going to be rejected. I heard one of the Members state that if it were a question of the Treaty versus an Irish Republic he would vote for an Irish Republic. The question at issue is the Treaty versus an Irish Republic. [`No! No!']

PRESIDENT DE VALERA:

There is no document No. 2 before the House.

ALDERMAN MACDONAGH:

Deputy Milroy spoke of Mr. Erskine Childers as a recent convert to Republicanism because he wrote a book in 1911. Well, I had the pleasure of listening to Mr. Milroy in Liverpool and Manchester and many English towns, and throughout Ireland, and be said before the Irish Republic would go down practically every man, woman and child would die. Does he stand for that now?

MR. MILROY:

I never made such a statement in my life.

ALDERMAN MACDONAGH:

I am afraid he must have forgotten. And we have a more recent convert to Dominion Home Rule, the Chairman of the Delegation. This is what he wrote in June, 1917---at least it was in the leading article in Nationality, headed by Arthur Griffith, and is what he stands for. This is one part of the text beginning a paragraph. It reads:

` The Home Rule Act, 1914, Exposed' by Mr. Wm. Martin Murphy, is a clear and trenchant exposure of that fraud upon a people. Mr. Murphy would settle the Irish question in the same way as the Canadian, South African, and Australian questions were settled. This assumes that the element of nationality and the status of nationhood do not enter into the Irish question. Australia, for instance, possessed no rights except those it derived from England. England founded it, England fostered it, and England possessed the undoubted right to rule it. Ireland does not derive from England.

He said that in 1917.

MR. GRIFFITH:

I say it now again.

ALDERMAN MACDONAGH:

reading

`She is not a colony; she has never been a colony. She can claim no colonial right such as Australia, Canada, and South Africa assert. If she be not a nation, then she has no more title to independence of English government than Kent or Middlesex, or Lancashire or Yorkshire. If there be English politicians who really believe that they can settle the Irish question on colonial or semi-colonial lines they live in a fool's paradise.'

MR. GRIFFITH:

I stand over every word of that statement. This is a Treaty between two sovereign nations.

ALDERMAN MACDONAGH:

`The first step to a permanent Irish settlement is the recognition of the Irish Nation' [cheers]. I am glad the ratifiers are at last coming around to our point of view. Well, at any rate, we are out in the open now, and those who are for this Treaty have definitely said they were out to go into the British Empire. I do not think that Irish Independence and Irish Nationality can run alongside going into the British Empire. Terence MacSwiney said our country was full of examples of abandonment of principles by public men who got into public life to defend these principles. I think that the men who spoke about a Republic in 1917, and who were responsible for the war that has happened since, that these men should not now run away from the Irish Republic. Mr. O'Higgins, the Deputy for Leix, yesterday spoke about his duty to the 6,000 people who voted against him. Well, I submit he owes also his duty to the 13,000 people who voted for him. He went up there as an Irish Republican---he did not go there as a Dominion Home Ruler. I venture to think that if he went there as a Dominion Home Ruler he would not now be a Member of this House [hear, hear]. There are other groups: the real coalition, those who say this is absolute freedom, and those who say it is an instalment of freedom. Well, those who say it is absolute freedom are proud of going into the British Empire with their heads up.

A DEPUTY:

The Community of Nations.

ALDERMAN MACDONAGH:

Others say with their hands up. Whether it is with their hands or their heads up, they should know what the British Empire has stood for in the history of the world. The British Empire has stood for every rotten thing in the history of the world. The history of the world has shown practically wherever the British Empire is, there you have cruelty, you have oppression of every description. By the treaty Ireland will take part of England's public debt as well as England's oppression of every subject nationality under her sway [`No! No!']. We are told it is a great Treaty, but we have had very little elucidation from those in favour of the Treaty as to what is good or what is bad about it. We heard a lot about the oath of allegiance and the oath of faithfulness. One Deputy from Galway said that faithfulness meant equality. Well, I think that faithfulness does not certainly go so far, for in the Catholic Church when you make an act of Faith in God you do not claim equality with God.

MR. MILROY:

John Bull is not Almighty God.

ALDERMAN MACDONAGH:

You have a body of men saying allegiance is greater than faithfulness, but by the treaty oath you acknowledge the Crown and go into the Empire. I do not think Mr. Griffith has made any of his points. Ulster is definitely partitioned from the rest of Ireland [`No! No!'] There are a good many Irishmen and a good many Republicans in Ulster, and you are giving them up to their inveterate enemies.

MR. GRIFFITH:

What about document No. 2?

ALDERMAN MACDONAGH:

I heard Mr. Griffith say a good deal in South Longford about what partition meant for Ireland. I also heard Mr. Milroy on the same subject. Instead of being on the Republican platform they ought to have been with Mr. Joseph Devlin in that respect. Another point in the Treaty, in addition, is you will have to afford to his Majesty's Imperial Forces `in time of peace such harbour and other facilities as are indicated in the annex hereto, or such other facilities as may from time to time be agreed between the British Government and the Government of the Irish Free State, and in time of war or of strained relations with a foreign Power, such harbour and other facilities as the British Government may require for the purpose of such defence as aforesaid'. What does that mean but that every time England goes to war, or is threatened with war, she may take over all the resources of this country. Are you prepared to stand that? If you are not, then you must keep an army of 40,000 men in the country that you are after hearing such a lot about in the past few days. If you are going to have an army of 40,000 men you will have to pay for them. Compared with the number of big material advantages there are drawbacks, because if you have a standing army of 40,000 men you are going to pay at least twelve millions a year for that army. With regard to this Treaty, there is one thing not made clear, that is, that the country was said to be stampeded into the acceptance of this Treaty. Before President de Valera received the particulars of this Treaty, it appeared in the London evening papers. I do not think that was a fair proceeding on the part of the Publicity Department or whoever was responsible for it. We are told we are going to lose the ear of the world if we turn down this Treaty. Certainly the ear of the world is here now, and we hope it will listen to the turning down of the Treaty, because it will hear one thing, that is, that this small nation which has stood for principle for the last four or five years, and has won the admiration of the whole world---it will realise that this small nation still stands for principle and not for expediency. We are told we should be practical men. In the common view John Redmond was a practical man and Patrick Pearse was a visionary. We all know now who was the practical man and who was the visionary. A good many precedents in Irish history can be remembered in connection with this. There are some who are going to vote for this Treaty who say they will never take the oath of allegiance. That reminds me of the sixty-three men who would not vote for the Union but gave up their seats and let other people vote for the Union.

MR. MACCARTHY:

On a point of order, can a Deputy refer to remarks used in a Private Session?

ALDERMAN MACDONAGH:

I am not referring to anything said at the Private Session. Sixty- three men would not vote against the Union but gave up their seats so that others might vote for the Union. If the men are honest who vote for the Treaty the very least they can do is to take the oath of allegiance which is the natural result of that Treaty.

I will not insist on the matter any longer. I will give you one quotation from Pádraig Pearse who asked Joseph Devlin one thing. He asked him this: `Will you be loyal to the English Crown under the new Parliament in Dublin? I do not think you will. Reflect on it'. I want to ask those who vote for the Treaty whether they are going to be loyal to the English Crown or whether they are not. That is a question those who will vote for the Treaty will want to answer.

MR. SEAMUS O'DWYER:

Were it not for the duty which I feel of having to convey to the public as well as the Members of this Dáil precisely what I propose to do and very shortly why I propose to do it, I would not trouble the House or Dáil at all. I have nothing new to add to the debates we have been attending here for the past six days. No new light has been shed on this problem during all that time. I personally was bothered the moment I saw this document about one thing in it; that one thing was the oath. The oath in this document, the oath of the Irish Republic, had been before you for a long time before we saw the document. I want to be perfectly honest with the House and with the Minister for Defence. I am one of those who realised at the very first Session I attended at this Dáil, that realised at that Session for the first time that an isolated Republic was not achievable by us now. I listened carefully, I discussed carefully with Members of the Dáil this question. I took my final lesson from the President himself. The President told us that he understood his oath to mean to be the oath to the Irish people. I have searched that out, and I have satisfied myself absolutely that this is an oath I can take, that it is an oath I will keep. I have satisfied myself further that nothing which we say, nothing we can do, will alter one iota the fact that the destiny of the Irish people is to be free, and that they will realise that destiny, and I want to say right now I am going to vote for the Treaty and support the Delegation in their efforts to carry it, because I believe it leads direct in a straight line to the realisation of absolute freedom, of Irish independence. I have listened here. I tried to listen carefully to the statements made here, and I have not the slightest hesitation in saying that the Government of this country which the Minister of Defence warned us last night is still in existence, has treated me as a Member of this Dáil, not me personally, but I feel keenly that the ordinary private Members of this Dáil are not treated by the Government of the country as they ought to be. I think that particularly in reference to this document but I am not going to raise the question. I feel particularly with reference to this document that although the question was long considered, nothing has been said by the leaders. My feeling is that this DáiI was done a distinct injustice not by the preparation of the document, but by its withdrawal. Now as to the Treaty itself, I am going to vote for this Treaty because I believe it is leading straight to the ultimate realisation of freedom, which is in the heart of every Irishman. I am going to vote for it because it contains the real substance of freedom. We have got under this Treaty a status in the League of Nations. Ireland will take her place in the League of Nations, and it depends on our energy, it depends on our ability, on our courage, what sort of place in that League of Nations we are going to take. Ireland will take her place in an impartial League of Nations---a Community of Nations, a Commonwealth of Nations known as the British Empire. She is taking that place. I had made up my own mind before coming here subject to what I might hear here. I made up my mind to say something about what that means. Later on Ireland is going in not with Great Britain wholly, but entering into a community of nations which is comprised---95 per cent of them---that proportion, of course, is wrong; at all events five or six of them are young nations, not old empires brought up and living on the greed of Empire, but that commonwealth will be composed of nations now young, vigorous nations rapidly becoming populous, rapidly becoming wealthy, rapidly becoming important in every single department of the world's affairs, and these nations have demonstrated that where their national interests are concerned nothing counts for them but their right to develop. You ask Lord Milner; he will tell you they are developing into full free nations in the world of free nations. It gives us a thing which we hope sincerely that this country will produce the men able to deal with. It gives us the power to get at the cancer that is eating into the heart and soul of the Irish nation. We do not realise here in this Dáil the horrible cancer that eats into the body politic of Ireland. The Minister of Finance told us yesterday of the little oases of the British Empire that are being established all over the country. I know; I am a trader, a very humble trader too. I know it more significantly than a number of people seem to realise. When a foreign firm comes to Dublin you can see the people who come in with them. I think this Dáil does not realise that at this moment the economic structure of Ireland is in the hands of the enemies of Ireland, and that we under this Treaty have got it in our power, if we have the brains, and the ability, and the energy to use it, to put these people where they will be safest, and that is outside Ireland. We know that England officially has captured, or almost captured, the entire coastal marine in this country. I wonder do we know what it is for? Now the capture of this coastal marine is for nothing else but this, that the produce of Ireland should be brought direct to England in English bottoms and transferred to other English bottoms to go across the world and to wipe out here the slightest chance---if they can do it---of our developing the trade in Irish bottoms, to wipe out not alone our coastal trade, but to grip the sources of supply and capture Irish manufactures. I don't want the Dáil to imagine that I feel myself competent to deal with this question, but I am in agreement with the Minister of Finance that if we have got enough courage and ability to grasp this instrument it will be a mighty weapon in our hands yet. We have got under this Treaty the power of control absolutely from the beginning of the education of our people. This is an enormous power if properly used. We know what an enormous influence the English system of education has been both in the primary and secondary schools; aye, and in the university schools too. We have the power under this Treaty to bring back the Gaelic tradition and plant it in the hearts of our young people. They will, under a very different set of circumstances, be quick at gathering together the strands of that civilisation. The national spirit was never so strong as it is now. The people have seen the marvellous work of the last five years, and they know the men that did that work are no unreal heroes. That power, too, is of enormous value. The army is a guarantee to us that the constitutional usage contemplated under that Treaty shall be constitutional usage as interpreted by us and not as interpreted by the British Government. I know a great deal has been made of the fact that Canada, Australia, South Africa, and New Zealand are anything from 3,000 to 9,000 miles away, but there is a thing here which is of more value than that, and that is that we are a composite nation with a national tradition, and we know how to get that national tradition interpreted in our own institutions, and that it depends on ourselves, as Deputy Hogan said, if we have the courage and the energy to take what is offered to us. Now I am not going to delay the Dáil any longer. What I have said very largely is a duty I owe to my constituents. I want to let them know what stand I take, and I want them to tell me if they disagree with it. I know distinguished citizens in the district which I have the honour to represent who are against the ratification of this Treaty. They are people whom I respect very deeply, not a mere personal respect at all, but a respect that is due to them for the work they have done. I know too that the majority of the people of Co. Dublin are as good Irish people as there are in the length and breadth of Ireland. I know that the National tradition and the will to be free is as strong in the constituency I represent as it is in any part of Ireland, and I know that they have made up their minds in an overwhelming majority that this Treaty does not mean the absolute fulfilment of their national ideal, but that it may be the means to help them to realise all their national ideals. For that reason I have no hesitation at all in lending what little aid I can to the Dáil and to the country to get this Treaty ratified [applause].

DR. MACCARTAN:

It appears to me, since the opening of the Session, there has been a deliberate attempt to shirk responsibility for the way we find ourselves to-day. The people elected us to direct the destinies of Ireland at this period and we elected a Cabinet. I submit it was their duty in all conditions, in all circumstances, to lead us, the rank and file, in the best possible way. I submit that they have failed one and all---the Minister of Defence and others. They are divided; we are, therefore, divided. I submit it is a mock division. They all went into full Imperialism---British Imperialism. They were afraid to call it the British Empire, they called it a Commonwealth of Nations. Most of the people know what Empire and Imperialism mean to the people of Ireland. When we sent representatives to London to see how Irish National aspirations could be associated with the British Commonwealth of Nations, the Minister of Defence went into it with the others, and I submit the whole Cabinet were equally responsible for the position in which we find ourselves to-day. The Republic of Ireland has been betrayed, if not sold; they know well it was not betrayed in London; it was betrayed here in Dublin at the last Session when the pistol of Unity was held at the head of every Member of the Dáil. Some of them said they were not doctrinaire Republicans; if they are not doctrinaire Republicans, they must be either Monarchists or Bolshevists. They can choose which they wish to be. If we do swear faith and allegiance to the King of England, there is no King of Ireland to be faithful to. As a Republican I would be in opposition if the Ministry were to choose an O'Neill from Tyrone or an O'Donnell from Spain and make him King. I submit kings are out of date. I am opposed to any King, either English or Irish, as I am opposed to Imperialism in Egypt, in Korea, or in San Domingo. When we went out for association, when we sent delegates to see how Ireland could be associated with the British Empire we did it with our eyes open. See how we can assist in oppressing the people of Egypt and the people of India, and other weak peoples oppressed at the present day by the British Empire. At the present moment there is a quibble, and nothing but a quibble, between the two elements in the Cabinet, and if they had the decency they would have resigned before they brought us into this position. An attempt has been made to place the responsibility on the Delegation that went to London. I submit that every member of the Cabinet is equally responsible for the Treaty that they signed in London. [`No! No!'] When I am through you can answer me. What are the objectionable features of the Treaty? That the Republic was betrayed. It was betrayed when it was publicly stated we were not doctrinaire Republicans. Another objectionable feature is Partition. Partition was agreed to when it was said we were willing to give Ulster the same powers, or more powers, than she had under the act of 1920. when that was said Ulster was betrayed. The Nationalists of Ulster were betrayed before the delegates ever went to London, and the Cabinet, one and all, are responsible. What are the other objectionable features in it? The two Gibraltars in the South of Ireland and the two in the North. I submit that these positions were given away when it was stated publicly we were willing to give England guarantees regarding the security of England and the British Empire, that we were willing to enter into a Monroe Doctrine for the British Isles. I am hitting from the shoulder I believe the rank and file have kept silent too long [hear, hear]. Something has been said about the men who died. I knew many of them. One I knew intimately, and I knew what he died for. I knew what I stood for; I knew what he suffered imprisonment for, and I knew that he was the noblest of them all---Tom Clarke [applause]. I know, and I am sure his wife will bear me out, he did not die for this Treaty, nor did he die for document No. 2, nor for any association, external or internal, with the British Empire. We are afraid, it seems to me, to face the situation as it is. We prefer to nurse our wounded pride rather than as statesmen to face the situation that really exists, the situation that confronts us to-day. Some of us feel bitter about it. the Republic of which President de Valera was President is dead [`No! No!'] You can contradict me when you rise to speak. I submit it is dead, and that the men who signed the document opposite Englishmen wrote its epitaph in London. It is dead naturally because it depended on the unity of the Irish people. It depended on the unity of the Cabinet. It depended on the unity of this Dáil. Are we united to-day as a Cabinet, united as a Dáil? United? Can you go forth after the decision is taken and say the people of Ireland are united? Can you even say the Irish Republican Army is united? You may say it is. I have my doubts. I think any thinking man has his doubts. What will many of them say? They will say `What is good enough for Mick Collins is good enough for me'. Personally I have more respect for Michael Collins and Arthur Griffith than for the quibblers here. Internationally the Republic is dead. We were looking for recognition of the Republic in foreign countries. Michael Collins said we were not recognised in the United States. That is true. The United States thought we were in the same position as they were before the Treaty was signed and they were not immediately recognised when they sent delegates to France seeking recognition by the statesmen of France; they were confronted by the fears that England would not give the United States all that the Continental Congress originally asked, and France was afraid to extend recognition. In like manner, I submit, the Government of the United States were equally afraid we would make the compromise we have at the present time. I submit you would not have recognition for some time. They did not recognise the South American Republics, even though it was in the interests of the United States, until the question was debated year after year in the Congress of the United States. That is what has taken place. You cannot go to the Secretary of State of any foreign Government and ask him to recognise the Republic of Ireland, because I submit it is dead. It would take five years' fighting at the very least on the part of the Irish Republican Army, with all their gallantry, to get back to the position we were in two or three months ago. Therefore, I submit, as a political factor the Republic is dead. In fact internationally you can all see that the example of the members of the I.R.A. is being followed, and even their policy adopted in India and Egypt. Recently Egypt rejected proposals which were regarded as compromising. I accept responsibility with the men who signed the Treaty in London because I did not protest. I accept it with the whole Cabinet because I remained silent. I take my share of the responsibility. We were an inspiration to the patriots of India and the patriots of Egypt. To-day we give heart to the compromisers in India and Egypt as well as the compromisers in Ireland. I say, therefore, the Republic of Ireland is dead. That is the issue. We had a bird in the hand and a bird in the bush. Let those of you who can conscientiously do as Robert Barton has done boldly---be false to your oath. Let you vote for a bird in the hand. I tell you that the bird in the bush that we have seen is not worth going after, thorny though the bush may be. I feel myself in the position of a man landed on an island without any means of escape, who was asked to vote if he will remain or vote if he would leave it. You have no means of leaving, there is no escape from the Treaty that has been signed, because, as I said, you have not a united people, you have not a united Dáil---I question if you have a united Army. Internationally the Republic is no longer a factor in politics. Personally I see no way out. I submit it was the duty of the Cabinet to submit to us a policy, even though they were in a difficult position. They have failed; they have failed miserably, and instead they nurse their wounded pride. They hope to save their faces by putting the issue to the country, suggesting that there was a constitutional way out, some of them, that there was a constitutional way of saving their faces before the public and the world---a constitutional way of getting away from the oath of allegiance to the Republic, but there is no constitutional way of getting back to the position we were in two months ago. If there is, I for one cannot see it. I have been anxious to see it, anxious to get somebody who sees it to put it before me. So far I have met no one to put it before me. I see nothing for us then. I see no glimmer of hope. We are presented with a fait accompli and asked to endorse it. I as a Republican will not endorse it, but I will not vote for chaos. Then I will not vote against it. To vote for it I would be violating my oath which I took to the Republic, that I took to the Irish Republican Brotherhood. I never intend violating these oaths. I took these oaths seriously and I mean to keep them as far as I can. I believe just the same rejection means war. I believe every man who votes for it should be prepared for war. But you are going into war under different conditions to what we had when we had a united Cabinet, a united Dáil, and a united people. England's blunders, gigantic blunders, may again save us, it is not any statesmanship we have seen here.

MR. J. J. WALSH:

On a point of order, before we proceed further. I don't wish to take any grave exception to what the last speaker has said, but I think it would be advisable on the part of speakers not to use the word quibble where President de Valera is concerned.

THE SPEAKER:

It is not a point of order.

MR. J. J. WALSH:

I will appeal, then, to the Members.

THE SPEAKER:

If you have no point of order you must sit down.

MR. SEAN HAYES:

Both at the Private Session and the public Session I listened to many eloquent addresses on this grave matter before the House. I do not feel myself competent to go into details of the merits or demerits of this Treaty, but it did occur to me that we are getting much of what the Irish people had been looking for. We get control of our own finances; we get control of education, which I regard as a most essential thing we should have; we secure that the British forces evacuate this country, and we have the right to raise and maintain our own Army. These provisions lead me to the opinion that I should vote for that Treaty because I see no alternative but war. And I do not think for a moment that the British Government would hesitate to make war on this country if we reject that Treaty. It is well known in Ireland, and outside Ireland, that the Irish Army fought with great bravery. It is also well known that our civil population gave all the support that they could have given to that Army and we fought with the moral authority and moral support of the world behind us, not that I attach great importance to that moral support. When we were looking for recognition of our Republic, that moral support was not sufficient to get it for us. That is the test that I apply to it. If we are to look at the question before us, and apply the logic of pure justice, I should vote against that Treaty, but I recognise, and we must all recognise, that the world is not yet ruled by the logic of pure justice. I have instead to apply the logic of common sense to what I believe the Irish people want at the present time. When we agreed to a truce with the British Government, we created in the minds of the people an idea that we were going to make a bargain with the British Government, and we cannot get away from it. I believe, and in this matter I speak particularly for the district which I represent, that is the constituency of West Cork; I speak for these people, perhaps about 17,000, and I am prepared to say that the majority of these people would accept this Treaty, and, whatever I may think personally of it, I feel that it is my duty to give expression to their views, so far as I can [hear, hear] because I hold that if I were to do otherwise, I would be acting against the principle of government by the consent of the governed. That is a principle which we have always held before us, and I feel it is my duty to act upon it now, and I think that in casting my vote for the acceptance of the Treaty I am expressing the people's will as I know it. Now, the dead have been referred to, and I do not want to refer to them further than to say that I agree with those speakers who say that we owe a duty to the dead, but I maintain that if we owe a duty to the dead we also owe a duty to the living, and I, for one, cannot see how I could cast a vote that would expose the Irish people to the risk of war. If anybody tells us, or tells me, that the British Government will not make war upon this country again, then that is a matter I can consider. I think the Irish people should be told what the alternatives are in this matter. If we go to war, if we expose the people of the country to the risk of war, then the Irish people should be told we reject this Treaty because we want a Republic. Let the issue be clear and definite, and then we know where we stand. I will say nothing further than to throw out a suggestion. I do not know what it is worth. It may not be well received, but, seeing that there is this division of opinion in the Cabinet as well as in the Dáil, I throw out the suggestion that if this great issue was placed before the people in, say, two constituencies in Ireland, and have the views of the people there upon it, and if you agree to accept their decision, it might save us a lot of trouble. I suggest the two constituencies of East Clare and South Cork [applause].

A DEPUTY:

A way out.

MR. COLIVET:

Could the House get any idea of when a vote will be taken? I do not think we want to sit here listening to speeches. I think we should have some idea of when a vote will be taken.

PRESIDENT DE VALERA:

Those who wish to speak further should give in a list of their names.

MR. SEAN T. O'CEALLAIGH:

I have a list of twenty speakers already.

MR. GRIFFITH:

It should not be past Thursday.

PRESIDENT DE VALERA:

I think so. I think we should have it by all means on Thursday.

MR. M. COLLINS:

I suggest we should agree on the adjournment; on the time when the closure will be.

MISS MACSWINEY:

There should be no closure on a matter like this.

MR. M. COLLINS:

Excuse me, I was only making the suggestion that if we cannot agree to a closure at about mid-day on Thursday, then we should, if necessary, adjourn over Christmas. The point is that if we are to have twenty, thirty or fifty Members speaking they are entitled to speak; then I was simply making the suggestion to facilitate the Dáil. That is why I said that if we cannot fix one o'clock on Thursday, or one o'clock on Friday, let us agree to have an adjournment for a definite period.

ALDERMAN DE ROISTE:

In the meantime the Cabinet will continue to rule the country [applause].

PROFESSOR STOCKLEY:

I second the motion.

MISS MACSWINEY:

I think since the matter concerns the country so vitally, and since the Members who will speak here, and who will vote here, will stand before posterity for the part they take, that it would not be right that a single one, if they so desire, should not record his opinion.

MR. M. COLLINS:

There is no such suggestion. To-morrow evening to adjourn until after Christmas would be the wisest plan.

The House adjourned until eleven o'clock next morning.

DÁIL EIREANN PUBLIC SESSION Wednesday, December 21st, 1921

THE SPEAKER (DR. EOIN MACNEILL) took the chair at 11.5 a.m. and called on Mr. Gavan Duffy.

MR. GAVAN DUFFY:

A Chinn Chomhairle, I rise to stand over my signature to the Treaty and to recommend it to you in pursuance of the pledge I gave. But in giving that pledge I did not pledge myself to conceal from you nor from the people of Ireland the circumstances under which that pledge was extorted from me. Let me make it clear that I am not here to make any apology for the action I took, believing then that it was right, and believing now it was right, but I am here to give the Irish people the explanation to which they are entitled, and I think it is necessary that the circumstances should be driven home and impressed upon the minds of the Irish people, even at the risk of reiterating a good deal that Deputy Barton has said, for two main reasons, one in order that the historic record of this transaction might be clear beyond all possible doubt, and two in order to impress upon you the solemn warning that it gives us. I wish it to be understood that I speak absolutely for myself, without desiring to commit any other member of the Delegation. I am going to recommend this Treaty to you very reluctantly, but very sincerely, because I see no alternative. I have no sympathy with those who acclaim this partial composition as if it was payment in full, with compound interest; nor have I any sympathy with those who would treat this agreement as if it were utterly valueless. Indeed at the risk of being accused of having a slave mind, I cannot help enjoying such a statement as that which I find in the Morning Post---the best friend that Ireland ever had in England---of yesterday. It begins its leading article: `Like humble suppliants on the doorstep waiting for an answer to their plea for charity, the Government and people of this once proud and powerful country are now hanging expectant on the discussions of an illegal assembly, self-styled Dáil Eireann, to know whether or not that body will graciously condescend to accept their submission'. I think it is difficult for any of us to look at this matter perfectly fairly, because when you feel jubilant your feelings are apt to run away with you. I tried to look at it fairly, and it must be realised that the Irish people have an achievement to their credit in this respect at least, that this Treaty gives them what they have not had for hundreds of years; it gives them power, it puts power of control, power of Government, military power in the hands of our people and our Government. And the answer to those who assert that that power will be filched from us by dishonest Englishmen across the water, is that that will depend upon us, that we shall be in a far better position to resist aggression and to maintain and increase that power than ever we were before. The vital defect of this Treaty is that it inflicts a grievous wound upon the dignity of this nation by thrusting the King of England upon us, thrusting an alien King upon us, with his alien Governor, and I do not want to minimise for a moment the evil of that portion of the Treaty, On the other hand, I do not like to hear people whose word has weight overstating their case and asking you to believe such things as that the Irish Army will be governed by his Majesty's officers, a statement that seems to me to be just as true as if you were to say that the Irish Flag will be the Union Jack, or that because the Canadian "bucks" bear on their face Georgis Rex, Defender of the Faith that therefore we shall have coins of the same description. The argument upon which such suggestions as that are founded is an argument which would justify the assumption that the Union Jack will be the flag of this country, and it is not fair to attack the Treaty on such grounds as that. It will be the duty of those who frame the Constitution to frame it in accordance with the wishes of the Irish people so far as the Treaty allows them; it will be their duty, therefore, to relegate the King of England to the exterior darkness as far as they can, and they can to a very considerable extent. It has not been sufficiently affirmed that the Constitution is left to us subject to the Treaty. I admit that his Majesty is not written all over the Treaty. The first clause deals with our status in the community of nations known as the British Empire, the second with our relations with Great Britain. All our internal affairs so far as the Constitution is concerned are left to our fashioning and any Government worthy of the name will be able to place that foreign King at a very considerable distance from the Irish people. Now I am trying to be fair about the matter. That does not take away the objection to the Treaty. You are still left with the fact that his Majesty's Minister will be here; you are still left with the fact that the Irish people are to pledge themselves to a gentleman who necessarily symbolises in himself the just anger and the just resentment of this people for 750 years. Therefore it was that when this Treaty was first presented to me as a proposal for peace with power on the one hand, but national dignity the purchase price on the other, I rejected it, for I could not forget that we in London had done our best in our counter proposals to maintain Irish independence in connection with the association that we were offering. I could not forget that this nation has won the admiration of the world by putting up the noblest and most heroic national fight of all history and that it is unconquered still (applause). I did not forget these things, and yet I signed. I will tell you why. On the 4th of December a sub-conference was held between the two sides at which Lloyd George broke with us on the Empire and broke definitely, subject to confirmation by his Cabinet the next morning. It might have been, or it might not have been, bluff. At all events contact was renewed and the next day a further sub-conference was held, attended by Messrs. Arthur Griffith, Michael Collins and Robert Barton, and, after four-and-a-half hours of discussion, our delegates returned to us to inform us that four times they had all but broken and that the fate of Ireland must be decided that night. Lloyd George had issued to them an ultimatum to this effect: `It must now be peace or war. My messenger goes to-night to Belfast. I have here two answers, one enclosing the Treaty, the other declaring a rupture, and, if it be a rupture, you shall have immediate war, and the only way to avert that immediate war is to bring me the undertaking to sign of every one of the plenipotentiaries, with a further undertaking to recommend the Treaty to Dáil Eireann and to bring me that by 10 o'clock. Take your choice'. I shall not forget the anguish of that night, torn as one was between conflicting duties. Again, this ultimatum might have been bluff, but every one of those who had heard the British Prime Minister believed beyond all reasonable doubt that this time he was not play-acting, and that he meant what he said. It is, I think, worth while recording that the semi-official organ of Mr. Lloyd George---the Daily Chronicle confirmed that attitude. The next day it stated quite openly in the most shameless manner:--- `Before the delegates separated for dinner the Prime Minister made his final appeal. He made it clear that the draft before them was the last concession which any British Government could make. The issue now was the grim choice between acceptance and immediate war'

I wonder do you realise the monstrous iniquity. An ingenious attempt has been made on behalf of the British Government to refute what Deputy Barton told you the other day in what is called a semi- official denial issued through the Free Association. I make no apology for reading it, for the matter is of importance. They say:---

The statement by Mr. Robert Barton, one of the Irish Peace Treaty signatories, that the agreement was signed under duress, and that Mr. Lloyd George threatened war in the event of a refusal occasioned no undue surprise in authoritative quarters in London to-day. It was pointed out that the Irish Envoys, who, it must be remembered, were Plenipotentiaries, had negotiated during the preceding weeks with full knowledge of the alternative in the event of a final rejection of the terms.

`They accepted the proposals under duress of circumstances or duress of their own minds and not because of any eleventh hour declaration on the part of the Prime Minister', declared an authority this (Tuesday) evening. `In so far as it was well known that the alternative to acceptance was war, there is an element of truth in the statement'.

The complaint is not that the alternative to signing a Treaty was war; the complaint is that the alternative to our signing that particular Treaty was immediate war; that we who were sent to London as the apostles of peace---the qualified apostles of peace---were suddenly to be transformed into the unqualified arbiters of war; that we had to make this choice within three hours and to make it without any reference to our Cabinet, to our Parliament or to our people. And that monstrous iniquity was perpetrated by the man who had invited us under his roof in order, moryah, to make a friendly settlement. So that the position was this, that if we, every one of us, did not sign and undertake to recommend, fresh hordes of savages would be let loose upon this country to trample and torture and terrify it, and whether the Cabinet, Dáil Eireann, or the people of Ireland willed war or not, the iron heel would come down upon their heads with all the force which a last desperate effort at terrorism could impart to it. This is the complaint. We found ourselves faced with these alternatives, either to save the national dignity by unyielding principle, or to save the lives of the people by yielding to force majeure, and that is why I stand where I do. We lost the Republic of Ireland in order to save the people of Ireland. I do not wish to sit down without emphasising the warning that one cannot but take away from that transaction. We cannot look without apprehension to the true designs of these people in the working out of the Treaty, for we cannot have confidence in men who make the bludgeon the implement of their goodwill. If they had been statesmen they would have recognised and proclaimed that the tie of blood which truly unites the British Dominions to England is no tie between Ireland and England no more than between the Englishman and the Boer, the Englishman and the Egyptian, the Englishman and the Indian, or the Englishman and the French Canadian. They would have realised that the tie of blood is a bond of steel and that such a bond can stand any strain. The truth is they were afraid; they knew well how much to give, but they were afraid to make full atonement and sought to justify themselves by professing to believe that they did make full atonement. If they had kept their King out of Ireland an honest settlement would have been easy. Instead of that they have chosen to give us once more grave reasons to doubt them by showing us over again that for all their canticles of peace and goodwill and atonement the British Bible is still the cover for a British gun. That is what they call statesmanship across the water; that is the state craft before which the world bows low; that is the state craft which throughout the history of the British Empire has spread mistrust, enmity and war. There is another statesman, and he was heard at Manchester a week ago, when one of the greatest English statesmen, Lord Grey, proclaimed that no peace with Ireland was any use unless it was a peace made upon equal terms. I subscribe to that, and it is well for the British people to know that they can have peace, solid peace, lasting peace with this country on the day that peace is made between our Government and theirs on equal terms, and not before. I do not love this Treaty now any more than I loved it when I signed it, but I do not think that that is an adequate answer, that it is an adequate motive for rejection to point out that some of us signed the Treaty under duress, nor to say that this Treaty will not lead to permanent peace. It is necessary before you reject the Treaty to go further than that and to produce to the people of Ireland a rational alternative [hear, hear]. My heart is with those who are against the Treaty, but my reason is against them, because I can see no rational alternative. You may reject the Treaty and gamble, for it is a gamble, upon what will happen next. You may have a plebiscite in this country, which no serious man can wish to have, because after what you have seen here it is obvious that it will rend the country from one end to the other, and leave memories of bitterness and acrimony that will last a generation. You may gamble on the prospects of a renewal of that horrible war, which I for one have only seen from afar, but which I know those who have so nobly withstood do not wish to see begun again without a clear prospect of getting further than they are to- day. We are told that this is a surrender of principle. If that be so, we must be asked to believe that every one of those who have gone before us in previous fights, and who in the end have had to lay down their arms or surrender in order to avert a greater evil to the people, have likewise been guilty of a breach of principle. I do not think an argument of that kind will get you much further. No! The solid principle, the solid basis upon which every honest man ought to make up his mind on this issue, may be summed up in the principle that we all claimed when it was first enunciated by the President, the principle of government by the consent of the governed. I say that no serious person here, whatever his feelings, knowing as he must what the people of this country think of the matter, will be doing his duty if, under these circumstances, he refuses to ratify the Treaty. Ratify it with the most dignified protest you can, ratify because you cannot do otherwise, but ratify it in the interests of the people you must.

MR. J. J. WALSH:

I ask leave to make a personal explanation regarding a very serious allegation that has been made by this paper, the Freeman's Journal, this morning in respect to a statement I am supposed to have made last night. The Freeman's Journal says: `Mr. J. J. Walsh said, arising out of a speech made by the last member, he felt bound to remark that all those speakers addressing Mr. de Valera should not use the word President in future'.

MR. STACK:

Just like the Freeman.

MR. COLLINS:

It is in all the papers. Somebody must be responsible for it.

MR. STACK:

The Freeman never said President yet to him.

MR. NICHOLLS:

It is in the Independent as well.

MR. J. J. WALSH:

Now, sir, every member of this House knows very well that at the conclusion of Deputy MacCartan's speech last night, I rose and expressed regret at the very general use of the word quibble in respect of the conduct of the deliberations and of the negotiations by our President. I did so because of the very great regard for the honour and integrity and ability of the President and his great patriotism and sacrifice for his country. Not only would I not use this remark, but I certainly would take the greatest possible exception to anyone using it, and I think that is the case with every member of this House. I suppose I can ask the Press generally in the name of the President and of the House to make suitable correction and apology for this great error.

THE SPEAKER:

Deputy Walsh's statement is absolutely correct, and the report, which I have also seen in the Press this morning, is a very grave and serious error, and the correction of that error is due, I won't say to this assembly, I won't say to the President, but it is due to the Irish people who have placed us here.

PROFESSOR STOCKLEY:

The remarks of the last speaker have added to the impression we had, and which I felt deeply, and I think everybody felt it deeply, after the speech of Mr. Barton, and I won't say entirely, because I should not like to subscribe, perhaps, to everything that the Minister of Finance said, but I felt impressed strongly after his speech. I am not here to speak in a sentimental fashion, and suggest that we all agree here, but I do maintain that after these speeches, and notwithstanding all these distressing circumstances of this debate---notwithstanding the wretched outlook in many ways---I maintain that these speeches show an extreme unity of sentiment and an extraordinary determination of this assembly as representing what we may call indeed, without any lack of hope, but in a very real sense, our unhappy people. And to whom is this unhappiness due? Before I came here I got a telegram asking me to vote for this Treaty and against this insensate hatred of England. I maintain that those who would vote against this Treaty are perhaps less filled with that hatred than those determined to vote for this Treaty. I do not ask anyone to give up what they think is right because of that, but I can assuredly appeal to anyone's heart here or in the world who has a spark of generosity, if the treatment meted out to Ireland in this last disgraceful act of England is not a fitting climax and one of the worst examples of the abominable treatment of this country by England. How could anyone not have shame in their hearts? I perhaps have more responsibility because of those whom I belong to than anyone else. I say if there was an Englishman present in this chamber, he must feel covered with a sense of shame after hearing these declarations. Now the Minister for Foreign Affairs---the Chairman of the Delegation---said rightly that he did not want pity from other people. Surely the answer to what has been said to me that you must not be full of insensate hatred of England---surely the answer is what has been suggested in the speech you have just heard. I was going to say that if it had not been for some words in the end that is the speech I would like to have. Surely it was more than true without any sentimentality that there was an opportunity for a peaceable feeling and a right feeling between these countries. It is not true to say that there are no principles and nothing to govern man except abominable self-interest. There are many people here and in Britain anxious that there should be a basis of agreement between these countries, but, as you have heard, it is not with the fair and honest intention of bringing about such a peace that the late action of the British Government was taken with regard to Ireland. Now I am told you must not expect too much when you are beaten. What was the word sent to our people? That they were beaten? No, but that they were to come and discuss this matter with England, and to come to a decision with them. You have here now an example of the generosity of England. There was no question whatever of saying `You are a beaten people and will have to take whatever we like' but it appears that that was in the document, and the action taken with regard to us. Mr. Duffy has also reminded us that in that Treaty there are several provisions or restrictions or modifications put in. Put in by whom? They are put in by the people who, as I think, we learned to say from the writings of the Minister of Foreign Affairs---who taught us how to look on these actions of the English Government, and taught us not to be deceived by the words that were put in by the people who used to keep the Home Rule Bill before them like a carrot dangling before the nose of a donkey. They were put in by the people who got up the Convention and pretended to us that it was a declaration to the Irish people in order to increase the sympathy of America with England and take away sympathy from Ireland. They were put in by the people who got up the German Plot and by the people who published a circular lately that they were going to arm enemies against us, while they were smiling in the face of these men on whom they have put this terrible responsibility, and these men, when they put in those restrictions in the name of common sense and in the name of self-protection, must be suspected, not because we have got any insensate hate of England, but acting like prudent men on the evidence they have given us. Not even Mr. Gavan Duffy has said---in fact he has said the contrary---that the claim made---and I would like to say it with regard to my present intentions on this Treaty---that the claim made that representatives of the people are incidentally to lose their own identity as it were---their own responsibility---and be no longer independent men because their constituents think something else---is, I think, a claim that cannot be made, and I never heard it being so absolutely made to any assembly as this on behalf of any people. The constituents may have succeeded in expressing a certain point of view in sending representatives here, but once sent here---as the great Irishman who has been once alluded to here, Edmund Burke, said---surely they must be respected as independent men, nor would they for an instant take up the position that a man must find out from day to day what the majority thought about him. Surely the case of 1914 must remain in our minds, where the people were wrong, and if I may say so, papers like Nationality were right, and they told the people `we will not give in to them in what is an hallucination'. It seems to me that the arguments used for the Treaty are largely these two, that there were very excellent and honourable men sent there to carry out certain ideas at least and that we should follow them implicitly. I think that is a mistake in the same way as I should not follow implicitly the constituents if I thought they made a mistake. While perhaps I know less personally than most people here about the men who carried out these negotiations, I should like to subscribe to everything that has been said about their admirable actions. The second argument used so strongly is that they have got a great deal by the Treaty. Now Mr. Gavan Duffy has reminded us how far this Treaty has taken us. Education. That has appealed to us. Why not? Then, above all, it provides the possibility of protecting ourselves. That has appealed to us. And then, above all, the carrying on of this country according to the wishes of the people of this country has appealed to us. And when you look at these in the Treaty and hear what has been said by those who support the Treaty, well, I feel carried away, not only in heart, as Mr. Duffy says, but to a large extent, also in my head. But it seems to me to be the old story. You might have got rid of the English Army out of this country in the time of Queen Elizabeth by giving in to everything she wanted. You might have got rid of them in the time of Owen Roe by falling in with all the claims made by the English. You might have got rid of them at any time by giving way to the tyrants. I cannot help feeling that that is not an argument to use, because of course you could have got rid of the Army at any time by agreeing to the conditions. Well, frankly, I don't think it is possible for a person to subscribe to that oath. I don't wonder that men, young men and brave men, put it aside and say, `I don't care anything about it' but, believe me, that is a dangerous thing to do, not only for yourself, but also for your country. Let us be frank about this matter, and don't let us be saying we have got something if we have not got it. I will say this, that I don't think that we wasted our time at the Secret Sessions or at the Private Sessions, for I got more clearly into my mind that to say that you allied yourself with another people is not the same as to say that you swear allegiance to another people. I don't think that in any circumstances whatsoever would the French of 1870 have felt that they could exist as an independent nation if they had said, `I swear to be faithful to the Federation as such of a commonwealth consisting of France, Germany, and some other States'. Now there was in the South of Germany not long ago a Federation of States, and these States were independent States. Austria was one, Bavaria was one, and Saxony was one. These States were independent States, and I think you might say, if not in actual words, that they had to acknowledge the Emperor of Austria as he then was, as the head of the South German Federation, but it never occurred to anyone in Bavaria that he had to swear allegiance or fidelity to the Emperor of Austria as the person who was to play the part of the Governor of Bavaria. I have got quite clearly into my mind that if I am asked to recognise the head of an association of nations like the League of Nations, I am not doing the same thing as if I took an oath of allegiance. The two things seem to me different, and I would say on the other side in answer to the bitterness of Dr. MacCartan's speech that I don't wonder he has Republican feelings when he spoke so. But I cannot agree---I cannot call myself a Republican in that sense. I never was when called on to speak publicly, for two reasons. For one thing, I felt the sword was hanging over my head, as it might be now, and, secondly, I felt that if the Irish chose to have a King, Emperor or Republic, it was not my business, nor did I feel any particular interest in a Republic as such, and, to quote Burke again, it seems to me that a Republic could be just as capable of cruelty as the most absolute Monarchy. I certainly feel strongly that the dilemma in which Ireland is placed by this Treaty is the climax to the treatment of a weak nation by the strong and the bully. May I read a letter from Mrs. Terence MacSwiney:

WIESBADEN 9th December, 1921 A Chara Dhil

I have read everything from all nationalities except our own regarding present affairs, and I have no hesitation in saying that from the purely practical point of view it would be the greatest possible political mistake we have ever made (greater even than 1783) if we agreed to the present terms; it would probably also be the greatest triumph that the enemy has ever had.

I should not have thought myself important enough to have written to you anything at all if I did not represent one who is greater than any of us. I am absolutely certain that Terry would have said what I am saying, and would have refused.

If you think well of it, will you send a message from me in the above terms to the Dáil? Da gcuirfinn fein e ní bhfaghadh siad e.

I cannot believe it will be taken. Le súil go mbeidh sgeal níos fearr againn sara fada.

Is mise do chara
MUIRGHEAL, BEAN MHIC SHUIBHNE

Mr. M. COLLINS:

Out of the greatest respect for the dead we have refrained from reading letters from the relatives of the dead. We have too much respect for the dead.

PROFESSOR STOCKLEY:

May I say that I asked permission from the Speaker to read that letter?

MR. GRIFFITH:

We have not read letters from the women whose sons have been shot, whose husbands have been killed, supporting us.

PROFESSOR WHELEHAN:

I am sure that this Dáil has listened with the greatest interest to the speech of Professor Stockley. He told us at the opening of that speech that an appeal to passion had little to do with the present crisis, and he was right. But I submit that the major portion of his speech was, as he himself admitted, not an appeal to the head or to the reason, but to the heart. Like him, all of us Irishmen have our hearts, and wherever our hearts may be in a crisis like this when the country is faced with, I submit, the greatest trial that has ever confronted it, appeals to passion and sentiment are altogether out of place. There is no use in going back on what was or what has been. We have to deal now with what is. I submit that the business of this House is to deal with the situation which confronts it, and I submit that the people who are most competent to interpret the situation which confronts it are the people whom the Dáil sent to London, not as Republican doctrinaires but to negotiate association with Britain in one form or another. These men have come here and have told you the situation as they say it seemed to them, some of them not liking the Treaty. The two speeches that weighed most with me are the expression of the sincere convictions of Mr. Gavan Duffy and Mr. Barton, and they left no doubt as to what the situation is. It is this Treaty or the plunging of the Irish nation into war. Professor Stockley say he does not consider himself bound by the opinion of his constituents. He represents a university. Well, if that is the political principle on which he stands, it is not the political principle, nor any principle on which I stand, or will ever stand, and if there are any people in this House who are standing for principle, I submit to them that since they agreed, and they did agree with the only terms of reference these delegates were given going to London---when they agreed they were not Republican doctrinaires, then I submit they have given away the Republic, and they have got to deliver the nation from the great dilemma in which it has been placed. We cannot shirk responsibility---we cannot get rid of our responsibility after allowing these men to give our Republic away. I am in the position of one whose speech has been literally delivered by Dr. MacCartan. It is written here, but it is no use to me. But, in a crisis like this, I will submit that while I agree with what Dr. MacCartan has said, there is one point in which I totally disagree with him. He says he is a Republican doctrinaire, and as such that he will not vote for the Treaty. He says that the alternative to this Treaty is chaos, and that he will not vote to place the country in a state of chaos. I submit to him as a man of principle and conscience, that he is bound to vote to deliver the country from chaos. Professor Stockley does not consider the rights of the people he represents in the present circumstances. Don't let me do him an injustice---that is what I understood. I should not wish to do any man an injustice, and I hope I am not misrepresenting. He does not consider that he is bound to represent the views of the people in the present circumstances. I submit, sir, that we are bound to represent the views of the people in the new state of circumstances which has come about by our own free choice in assenting to the terms of reference---the only terms which these men got in going to London.

PROFESSOR STOCKLEY:

Would you like me to say anything?

PROFESSOR WHELEHAN:

With pleasure.

PROFESSOR STOCKLEY:

What I meant to say is, I don't think you can change about your own personal responsibility by casting it on the constituents. May I read something which I have been handed?

SEVERAL DEPUTIES:

Order, order.

PROFESSOR STOCKLEY:

It is entirely against myself.

PROFESSOR WHELEHAN:

I have no objection to anything Professor Stockley reads, as I do believe he is an honest man. I believe every member in this House is honest, and I believe they will do what they feel themselves conscientiously bound to do. I have no objection to him reading anything. I submit, sir, that a new series of circumstances have brought about a new situation. The situation now is not a Republic versus Association with Great Britain, but the question is, shall this Treaty be approved of, or shall we commit the country to war? I accept the interpretation of the Treaty or the impression given us by the delegates in supporting the approval of the Treaty ---and why? In the first place, Britain has pledged whatever honour remains to her before the world to evacuate the country. That, sir, we have been fighting for, and I submit that you have been successful in attaining it, and the Crown Forces, in the words of a distinguished Irishman, are to scuttle out of Ireland. This Treaty gives us full fiscal autonomy. It gives us control of the purse; it gives us control of trade and commerce and industries. This Treaty gives us an equal voice with other countries in the League of Nations. By this Treaty the Irish people have the right to frame their own Constitution, and under this Treaty an army under complete Irish control is given us to defend our Constitution and to uphold, and, I submit, to defend, our rights. But some will say, `For this you would give away the soul of the nation'. Now, sir, the soul of the nation has not been given away at the point of thousands of British bayonets, and with these gone out of the country, and with the guarantee that the soul of the nation shall be right, I submit we are not likely to lose it now, for by this Treaty we have complete control of our education, and education, not oaths of allegiance of one form of freedom or another, is the great factor in conserving the soul of any nation.

PRESIDENT DE VALERA:

What are the bases of it?

A DEPUTY:

Your own language.

PRESIDENT DE VALERA:

Hear, hear. Education based on dishonour.

PROFESSOR WHELEHAN:

Education based on dishonour, the President says. I have great respect for the President's opinion, and I had hoped not once to have to allude further to what I hold to be the terms of reference given to these men.

PRESIDENT DE VALERA:

To take an oath you don't mean to keep is dishonourable.

PROFESSOR WHELEHAN:

I am not going to keep to the question of the oath.

MR. STACK:

To break an oath that you have taken is dishonourable.

MR. GRIFFITH:

Are our speakers to be continually interrupted from the other side of the table? We don't interrupt them. Are we to be interrupted?

PROFESSOR WHELEHAN:

I have been challenged about this oath. I will submit the interpretation given to the oath by a distinguished Member of the House. The oath was approved, and we were bound in conscience to do whatever we conceived best for the interest of the Irish people in whatever circumstances might arise. The interpretation was given in response to what has come to be the famous challenge of a very respected Member of this Dáil, and there was no dissent, as well as I can remember, with the interpretation of the oath. I stand by that. Each one is bound to do---and I have no doubt about the Members of this House, that each Member will do---what he feels bound by his conscience to do in the present circumstances. I certainly shall do that. I did hope not to have to emphasise that question at all, but perhaps it is just as well that I have had to do so. Now, for this question of principle that we hear so much talk about---the question of giving away the Republic. I have submitted, sir, that the Republic was given away when we assented---and I blamed myself for it then---when we assented that we were not Republican doctrinaires. That was the beginning of compromise, and it has come now to a question of one degree of compromise or another. That is where we landed. Now, sir, I have to cut out several things because of Dr. MacCartan. I have not heard one argument against evacuation or against the fact that fiscal autonomy is given; not one argument against the fact that education is under our control; not one argument advanced in this House against the fact that we have complete control of trade and industry; and I submit that the appeals against this Treaty have been appeals to the heart and not to the reason or to the judgment. I submit that, and often I found that my heart was touched by several personal appeals here, and that I had to urge my judgment to do what was correct. This Treaty then gives us evacuation, control of the purse, of trade, industry and education, and an army which I say shall secure the nation's right to free development, and I hold, sir, that this nation's right to free development is not determined by that Treaty, but, like other nations, it shall continue to develop, aye, even against that Treaty, until, as Canada has the right---it has the right---the right which it holds at this moment, to declare itself free. The ex-Leader of the British Commons says that in the process of time Canada has got the right to declare itself independent of the British, and I hold that our rights under that Treaty are not less, at any rate, than the rights of Canada, but rather more. We have all these things, and no one can guarantee that a war will bring us any of these things. Can the people who urge the rejection of this Treaty guarantee that war will bring us one of these things? They cannot. What are the facts? I submit that the facts in the case and the realities of the situation have been submitted to this House, not by Ministers on either side, but by individual Members of the Dáil. If we assent, as we all should assent, that government at any time must be by the consent of the governed, then I submit we are bound to stand for the Treaty. It is a grand thing, a noble thing, a heroic thing in a crisis to stand by every principle, but, sir, I submit that it is not for principle our Cabinet had been standing, but rather between one degree of compromise and another. It is a grand thing and a heroic thing in a crisis to realise what we can lawfully call upon our countrymen to do, and in face of great difficulties ask them to do it. It is a grand thing to stand by principle. We have not stood by it.

PRESIDENT DE VALERA:

We deny that.

PROFESSOR WHELEHAN:

I submit that in the circumstances, and on the verge of chaos to which this country is being plunged, men realising their duty will find themselves urged, at any rate, if not to fight for the Treaty, to vote that the country be delivered from chaos.

MR. DAVID CEANNT:

I don't know whether I can address you as a Republican, because I have been listening for the last few days to so many quickchange artists, that I cannot be sure whether it is in Canada or in Ireland I am standing, but I want to make sure of my position. This I am sure of, that I am here as a Republican representative of the people of East Cork, who sent me by their free will and choice as the representative of the Republic that was established by the people of Ireland by their own free will and choice, and here I will remain until the people of Cork by their free will and choice vote that they don't want me any longer. I have listened to some silly arguments put forward why we should sign this Treaty. The chief argument seems to be what Commandant So and So did. I submit a good deal of the time of this House has been wasted by such nonsense. I suggest that we could easily have put all these arguments into pamphlet form, but I would not like to be the person who would undertake it. I heard a very peculiar speech a few evenings ago from the Deputy from Waterford, Dr. White. He told us solemnly that before England would give up Ireland she would give up India and Egypt, and she would lose her last man, and spend her last cartridge before she would evacuate Ireland, while at the same time we are led to believe that this precious document we have in our hands is going to do so. Now, sir, I have listened to many Members speaking of representatives here---some of them sneeringly, too, but I assure you some of them were not sneering at it when we asked the public to subscribe to Republican Bonds---some were not smiling at it when we were fighting for it. I am carrying you back because I want the people of the country to know what we have been doing for the last couple of years. I will carry you back to the election of 1918. We went before the country then on the declaration that we were out to establish the Republic that had been proclaimed by Patrick Pearse and his associates in 1916. He proclaimed a Republic and appointed his Ministers. We went before the country, and I went before my constituents in East Cork. It was not the constituency I was selected for. I was first approached by a deputation from North-East Cork, and they forced upon me that I should be their candidate, and, after great persuasion, I gave my consent on these conditions. I told them I would on one condition, that is, if I was wanted in any other constituency that there was a chance of putting up a sporting fight I would go there, but that I would have in my place at least a soldier. I went down to East Cork and went before the people of East Cork and told them what my views were, that I was a Republican, and I said: `Now is your time; if you are not satisfied with me, get another'. I went before them in 1918. The majority of the members here present were in jail---some of them at least. I was not exactly on the run, but they wanted me. I put my views before these people, and I told them what I was doing for them, and they agreed, at least, that I was only proclaiming my principles, and I came into this House at the first session. I was sent here in 1919, when one of the delegates who went to London, Eamon O'Duggan, read out the following Declaration of Independence before the Dáil:

Whereas the Irish people is by right a free people: And Whereas for seven hundred years the Irish people has never ceased to repudiate and has repeatedly protested in arms against foreign usurpation: And Whereas English rule in this country is, and always has been, based upon fore and fraud and maintained by military occupation against the declared will of the people: And Whereas the Irish Republic was proclaimed in Dublin on Easter Monday, 1916, by the Irish Republican Army acting on behalf of the Irish people: And Whereas the Irish people is resolved to secure and maintain its complete independence in order to promote the common weal, to re- establish justice, to provide for future defence, to insure peace at home and goodwill with all nations, and to constitute a national polity based upon the people's will with equal right and equal opportunity for every citizen: And Whereas at the threshold of a new era in history the Irish electorate has in the General Election of December, 1918, seized the first occasion to declare by an overwhelming majority its firm allegiance to the Irish Republic now. Therefore, we, the elected representatives of the ancient Irish people in National Parliament assembled, do, in the name of the Irish Nation, ratify the establishment of the Irish Republic and pledge ourselves and our people to make this declaration effective by every means at our command. We ordain that the elected representatives of the Irish people alone have power to make laws binding on the people of Ireland, and that the Irish Parliament is the only Parliament to which that people will give its allegiance We solemnly declare foreign government in Ireland to be an invasion of our national right which we will never tolerate, and we demand the evacuation of our country by the British Garrison: We claim for our national independence the recognition and support of every free nation of the world, and we proclaim that independence to be a condition precedent to international peace hereafter: In the name of the Irish people we humbly commit our destiny to Almighty God, who gave our fathers the courage and determination to persevere through long centuries of a ruthless tyranny, and strong in the justice of the cause which they have handed down to us, we ask His divine blessing on this, the last stage of the struggle we have pledged ourselves to carry through to Freedom.

Following that Mr. Barton read a message to the nations. Following that, sir, at a meeting held in the summer of that year the oath of allegiance was handed to every Member. A discussion had taken place on it. There were some objections, but the majority, if not every member, signed that oath. Then we framed our Constitution, and, following that, we went before the electors. In this present year, last May, we put the issues clearly before them---that we were a Republican Government, and we asked them were they going to stand by us, and the result is what we see here to-day. At a meeting in the Mansion House there were thousands of people and the Press of the world before us, and each and every member read the declaration and signed it, and some may have signed it on the blind side, but I did not. We promised to be true to the Constitution and to the Republic. I wonder was it all for the benefit of the cinema companies? I saw a formidable number of cinema operators there. They have the records yet, I am sure. A few days after that by the free will and vote of every member we elected as our President President de Valera as legal successor to Patrick Pearse, the first President of the Republic, and now, sir, after four months we, who elected him freely, are told that we must turn him down and relegate him to the scrap heap and make room for some English Lord who will come over, not as President of the Republic, but as Governor-General from England. Now, sir, I wonder will the mover of this resolution before the House consider what it cost this country to bring the Republic into being; consider what it has cost the country to place the Dáil and every Member from the President down in the proud position we occupy of being able to make laws for the people who sent us here, and for the country which we love and respect. Does he know what the people had to witness through all these times? They had to witness the best blood of the country poured out so that the Republic might exist; their country devastated; their towns and villages destroyed. There are hundreds of widows and orphans mourning for the loss of their fathers and husbands. There are thousands of parents mourning the loss of their beloved sons. Look at the persecution and tyranny, and yet we are told here that after all these sacrifices we are going to give up the Republic. I say no, and I know what the result will be. This Treaty, this so-called Treaty is dead already, and it only awaits a decent burial because it is not worthy of anything else. Coming to the Treaty itself, so much has been said of the Treaty and the clauses of it, that I need not trouble dealing with it, but I want to make my ground sure. This country is already groaning under severe taxation, and I have not been told what approximately is the amount we are going to pay; whether it is going to be a yearly contribution. If so, and if it is going to be decided by arbitration, who are to be the judges? I know that England is going to trick us again if we are not going to take care of ourselves. We are standing on the brink of a precipice, and if we do not take care we will plunge our country into it. The mover of the resolution told us that this is going to be a final peace. Another distinguished man, whom everybody will remember was no friend of Ireland, Lord Birkenhead, declared in the House of Lords that on the ratification of this Treaty by both Houses of Parliament in Westminster and Dublin, he will consult the Southern Unionists. I wish to say I am sorry that we have not some of the Southern Unionists in this assembly. I say, sir, that every clause of the Treaty wants revision, and not alone does it want revision, but complete obliteration. Mention was made of shadows. Yes, sir, there will be shadows haunting the men of this assembly who will try to filch away the nation's rights. Even shadows of their own selves will be haunting them. I have done my duty to my country for forty years. I make no boast of it. Perhaps I was wearing the prison uniform before some of these men were born, but while I often had to surrender, I never lowered the flag. The mover of the resolution said that with this Treaty he has brought back a flag---I suppose the tricolour. Yes, but with an addition, with the Union Jack in the corner to show the base betrayal. I have done my duty. I will remain in this assembly, and to this assembly only give allegiance, and no matter what pretended Government will be in power here, until this assembly is dissolved by the people of Ireland I will give my best services honestly and faithfully, and I will give my vote to reject this miserable Treaty.

MR. E. J. DUGGAN:

I think it is right at the outset that I should state the circumstances under which I signed the Treaty. I was not in Downing Street at this fateful conference you have heard so much about. I was not threatened by Lloyd George. He did not shake papers in my face. I signed the Treaty in the quiet seclusion of 22, Hans Place. I signed it deliberately with the fullest consciousness of my responsibilities to you who sent me there, to the country, to the movement, and to the dead. I stand over my signature. No argument or criticism that has been directed against the Treaty has affected my views as to the attitude that I then took up. I recommend the Treaty to you for your acceptance, and in doing that I am acting in accordance with the wishes of the people who elected me and sent me here. It has been suggested that those who were in Downing Street were bluffed; that they were intimidated; that Michael Collins was threatened and cowed by Lloyd George shaking a piece of paper in his face. Well, Lloyd George for two years tried very much more effective means of cowing Michael Collins than that and he did not succeed. It has also been suggested that two months' residence in London demoralised us to such an extent that we forgot our duty to the people who sent us to London, and it has been suggested, and actually stated, that it was as a result of some influence or pressure of some kind or other that was brought to bear on us there that we signed the Treaty. Now, there was one dominating fact in my mind at the time that I signed it, and it was this, that Britain militarily is stronger than we are. Now, I did not need to go to London to find that out. I knew it before I went to London as well as I knew it in London or know it now. I have known it as long as I have been old enough to know anything. I suppose everybody admits that that is a fact, and we are not giving away any military secret when we state that. Now, before I proceed to deal with this vexed question of who compromised and who stood on the rocks, I should like to say that I shall not indulge in personalities of any kind. I shall confine myself entirely to facts. There is no monopoly of patriotism on either side of this House. There are men on both sides here who have faced death together. There are men who have walked together in times of stress and storm, and there are men who have trusted their lives to each other in times of danger. It should be quite easy for us to discuss this momentous issue in a manner consistent with our own dignity and the honour of our country. That I shall endeavour to do. What were we sent to London for? Does anyone here seriously suggest that the Dáil appointed five plenipotentiaries with their staffs and all the rest of it to go to London to ask the British Government to recognise the Irish Republic. Did it, or did it not?

PRESIDENT DE VALERA:

Act in association.

MR. DUGGAN:

We either went to London to ask for recognition of the Irish Republic or we went to compromise. There is no other alternative.

PRESIDENT DE VALERA:

There is.

MR. DUGGAN:

I know what is in the President's mind---external association. External association if it means anything means this, that you go to England and you say, `If you recognise the Republic, we will enter into some kind of alliance with you'

PRESIDENT DE VALERA:

Hear, hear.

MR. DUGGAN:

That brings me back to what I said. You sent us to ask recognition of the Irish Republic or you did not---you did either one or the other. Now the President, when he gets up and makes one of his impassioned and eloquent speeches, creates a kind of smoke-screen of words, so that it is almost impossible to see out of it into the world of fact. Now, I am going to try to get to the facts. Who was responsible for the compromise? The whole Cabinet and the whole Dáil and the plenipotentiaries. We were all in the one boat. There is no use blinking the facts any longer. You, the Members of the House, have seen the Cabinet minutes. You have seen the alternative oath. You have seen certain documents which I cannot refer to in public. You have seen document No. 2. Now, there is nothing like documents. You know who compromised, and so do I, and so do the public.

PRESIDENT DE VALERA:

May I interrupt for one moment? If I am in the same boat---let us say I am---with our friends on the other side, has it anything to do with the question of whether this is a Treaty this nation ought to accept or not? That is the question.

MR. DUGGAN:

I am coming to that. We have been more or less put in the dock as compromisers, and we are entitled to defend ourselves. Now, another charge that was made against us was this---that we disobeyed our instructions by not coming back from Downing Street on that Sunday night and submitting the draft Treaty to the Cabinet before signing it. Now, that is unfair. The Cabinet knew, and we knew, because we had got a week's notice, that we would have to give a yes or no answer on a certain day. We came to a Cabinet meeting on a Saturday. We spent a whole day at it; in fact it was scarcely finished when we had to rush away to catch the boat back. We put up the proposals that the Cabinet said we should put up. They were turned down, and had been, two or three times previously. We told the Cabinet they would be turned down, but we carried out their instructions. Negotiations were re-opened, and finally on that last Monday night we in London got two hours to give a yes or no answer. Now, you cannot get from London to Dublin and back in two hours. We were plenipotentiaries, we were responsible to you and to the country, not to the Cabinet. If we had given the answer No that night, and if this country was now in the throes of war, it would be no answer for us to come back to the country and say, `We had to do it because the Cabinet told us to come back and do it'. We could not avoid our responsibility that night, and the responsibility which was ours that night is yours now. We have had to come back and answer to you and you will have to answer to the country. We are all equally responsible. There is another point which I don't think anyone mentioned. If we did not sign that Treaty, it would never have come before you for discussion, because negotiations had ended, and there was no more about it. Some people think that when we signed the Treaty we were allocating to ourselves the right to force it down the throats of the Irish people. We did nothing of the kind. Our signature is subject to your ratification, and it is for you to say whether you will ratify it. Our signature has bound you to nothing. Now some people in their criticisms of the Treaty speak as if we had brought home a bag full of sample treaties and that they could choose whichever one they liked. I dislike the Treaty as much as any man or woman here, but that is not the point. The point is you can either take it or refuse it and take the consequences, and I have my own ideas of what the consequences are. Now, what does the Treaty give you? You have been told all the nice things it does not give you. The Treaty gives you your country. The Treaty rids your country of the enemies of your country. You get rid of the Army, you get rid of the whole machinery of Government, you get control of your own money, you make your own Constitution, and you have complete and absolute control of everything within the four seas of Ireland. About the flag? Who is to tell us what flag we shall have? Ourselves. No one else has the right. Who has the right to say what our Ministers are to be called? Ourselves. No one else has the right. Surely we are not going to become slaves when we are free?

PRESIDENT DE VALERA:

That is just it.

MR. DUGGAN:

Who is to say what oath our Army is to take? Ourselves. The Minister of Defence has told us a lot about the discipline of the Army, but I greatly fear if the Minister of Defence asks the Army to take the oath of allegiance to the King he is going to put the discipline of the Army to a very severe test. Just one point---my friend Mr. Kent referred to the Governor-General. Under the terms of the document the Governor-General can only be appointed in consultation with the Irish Ministry. There is a lot of talk about the oath. I know the people are sick of lawyers, interpretations of the oath. What I suggest is that any plain ordinary man of average intelligence reading the oath can see there is only one oath of allegiance and that is to the Free State, and the only other thing in the oath is that you pledge yourself you will be faithful to the bond you are entering into, and that you recognise the King as bead of the Commonwealth you are in.

MR. STACK:

Quote the words.

MR. DUGGAN:

Now, another thing I have heard, and it surprises me to hear it from people, notwithstanding the extraordinary things we have been able to do under the leadership of the very men who have been saying these things, notwithstanding the wonderful things we have been able to do with the enemy in our country, and in control of the resources of our country and the finances of Government, they seem to suggest that when you get rid of these things and have absolute control of your own country, that we are all going to become demoralised slaves. I say under the terms of that Treaty that if the Irish people cannot achieve their freedom it is the fault of the Irish people and not of the Treaty. I have more faith in Ireland than the people who put forward the other point of view. Now another thing that has been said---and it is a hard thing is, it has been suggested that those who are in favour of the ratification of the Treaty are in some way or another betraying the dead who died for Ireland. Now, I am not going to mention the names of any of the heroic dead who died for Ireland. I do not think this is a fit place to call down their names, but I will say this, that before I put my name to that document I went back in my mind over the last six years. I went back to Richmond Barracks and to Kilmainham. I went back to that morning in Mountjoy when I saw the hangman who was to hang our young lads there. I went back in my mind to the conversations that I had with some of those with whom I had the honour to be associated, whom I knew intimately and well, and amongst these were some of the bravest and ablest soldiers Ireland has ever produced. I say that I shall interpret for myself what their views were and would be if they were here to-day, and that no other man or woman has the right to interpret them for me. Let no man or woman say that I would betray those whom I knew and love and revere. As we are talking about the dead, let us look at that from another angle. Why did England under this Treaty agree to clear out of our country and hand it over to us? Was it because of the efforts of the plenipotentiaries in London? Who was it that won that for Ireland, and that Treaty represents the fruits of the sacrifices of those who have died for Ireland.

MISS MACSWINEY:

No, it does not.

MR. DUGGAN:

It may not give you everything we would like, or they would like, but it represents the fruits of their sacrifices. Let us think seriously before we take it up and throw it back in the faces of the dead, and say it is not good enough for us. Now, we have had a lot of talk about principles. Every man and every woman here is perfectly entitled to go out and fight and die for his own or her own principles, but no man or woman here, or combination of Deputies in this assembly is entitled to sentencee the Irish nation to death.

MISS MACSWINEY:

Hear, hear.

MR. DUGGAN:

As far as I am concerned, my principles will not force me to deprive the people of the measure of freedom that Treaty gives them. Neither will they compel me to force the young men of Ireland out to fight---for what? Not to drive the British Army out of Ireland, but to force it to stay in Ireland. Let us keep to the facts. As I said before, the responsibility that rested upon us that night in London has now devolved upon you. It is a personal responsibility. We are not here to vote for the President on the one side, or Mr. Griffith or Mr. Michael Collins on the other. We have to vote in the interests of Ireland. Each man here has the same responsibility as the President has. If each man and each woman honestly and conscientiously faces the issue and gives his or her vote according to their consciences, I am quite satisfied with the result, whatever it may be. I signed the Treaty, I stand over my signature, and I recommend it to you for acceptance [applause].

PRESIDENT DE VALERA:

While we are waiting for another speaker, as this matter has been drawn in so much at the Private Session on the question of the alternative---I protested several times, but of course it is no use---it is useful as a red herring. The specific question that is here before us is the question as to whether we should or should not ratify the Treaty. It does not matter what I said, I am but one person here. The terms of the Treaty are in cold print, and it is that we are discussing. With reference to this oath, it is printed in the morning papers as the alternative oath to the oath that was there. That oath was a verbal suggestion by me when we were criticising not this oath, but another oath that had come up on another occasion. I said that oath as an oath to the King of England as the head of the Commonwealth was inconsistent with our position. I verbally tried to use something that you could take. The word Constitution occurred in both these oaths. In one there was not a vestige of British authority left in Ireland, and in the other case, this oath of the Treaty is the oath in which the British King must be recognised as head of the Irish State. There is a tremendous difference, although the same words are used in both.

MR. P. J. RUTTLEDGE:

I as a private Member of this House have refrained during the grave moments of discussion from identifying myself with one side or another in Private Session or Public Session up to the moment. I had two main reasons for sustaining myself in that attitude, and they were these: The first was that in a grave issue such as this no Member could take a definite stand on one side or the other until he had heard every tittle or iota which would help to clear his mind and decide the stand he would take. And the other was lest I might contribute one tittle or iota to widen the gulf that I could see was gradually opening up in this House. Now, before I cast my vote I feel that the duty devolves on me, a duty I owe to the people I represent, to express here publicly and plainly my position. I take my stand against that Treaty. I take it not on sentiment as I am not a sentimentalist, but I take it on principle. I will always stand on principle to my own conscience. I do not suggest, far be it from me, that the men on the other side or that there is anyone who would deviate from principle according to his conscience, but I have satisfied my own conscience clearly, definitely and positively that the principle that I must follow, and that I have always consistently followed, is the Irish Republic. I challenge anyone to say that in the document that is put before the House that there is not an inconsistency and that there is not a compromise. Now I regret to say that in this Dáil two attitudes are being taken by what I will for the moment call the other side. First they have said that it means freedom and independence, and again it is stated that it contains reservations. If it was stated in this House that it was a step to freedom I would be with them in that belief, but to try to convince me as a private Member of this House that this is either freedom or independence, great as is the respect I have for those with whom I have worked in the past, I say I do not admit it. Now, in the few words I desire to contribute to this debate, I will not adopt the attitude which I regret was adopted last evening by a respected Member of this House. The attitude he had taken up was this---that it was apparent that perhaps arguments might not convince the House, but personal attacks might. There was the cold argument, but to me it appeared an illogical argument---unfortunately I am a legal man. Cold argument was put up and that based on facts, and the facts stand and they have not yet been turned down, and that was the argument of Mr. Erskine Childers. If anyone seeks to turn that argument down, let them do it, not by personal attacks, but let them meet the facts by argument. Now, one of the things that strikes me in this Treaty before the House---as I heard it described last evening in some degree---in an analysis with the Act of Union---I say comparing it with the Act of Union, there is one ingredient, one characteristic in this Act that was in the Act of Union, and that is that it was obtained by force. I do not wish to say or to quote anything but on the facts that have been set out in this House. We have Deputy Barton's explanation, and what can I or any man deduce from it but that there was force, the threat of a terrible and immediate war. For 120 years we have been discussing and criticising that the act of Union was obtained by fraud and corruption. This was not obtained by fraud and corruption, but it is absolutely conclusive on the evidence that it was obtained by force. I must pay a tribute to the honest speech of Mr. O'Higgins, the Assistant Minister of the Local Government Board, on the other side. He faces the facts. The facts were, he said, that it was a measure of liberty, and he said that the Ministers of this country would be his Majesty's Ministers. That is the way to face the facts and have no quibbling about them. I like the man who faces what is before him in that light rather than the man who tries to treat us as a lot of schoolboys, because we are not. He told the House honestly that the Ministers of the new Government of the Irish Free State were his Majesty's Ministers. About that there is no argument, and I am glad to hear it stated from the other side, as I am, unfortunately, obliged to call them. There has been a lot of reference to the oath. To my mind the oath presents very little difficulty for anyone to argue upon. It has been dealt with at length by Deputy Hogan. I will deal with it in this way. First you have an oath to the Constitution of the Irish Free State, and that Constitution is formed in the four boundaries of that Treaty, and the oath to the Constitution of the Irish Free State is within the boundaries of that document. It has been stated in this House that you can call the Constitution what you like and that you can draft the Constitution any way you like. Can you? Is there a veil or fog tried to be thrust over our eyes? Do you think, or does any man think, that you can call this new Constitution the Irish Republic? You cannot call it an Irish Republic, and that is what we are longing for and looking for. I challenge you to do it within the four boundaries of that document, and it must be within the boundaries of that document. I say that your oath to the Constitution of the Irish Free State is an oath to Great Britain. The next argument I put forward is as regards the second part of the oath---`And that I will be faithful to his Majesty King George V., his heirs and successors'. Now in that there is a quibble. I do not say that these quibbles are not sincere. I am prepared to stand before any court or constitutional lawyers that try to make out there is a difference between faithfulness and fidelity as against allegiance which occur. Those lawyers who try to make out the difference between faithfulness and allegiance should go back for a moment to the Brehon laws, and they will find what fealty means there. In Roman law it will be found that fealty was the thing that a slave had to give to his master. I am open to meet any constitutional or would-be constitutional lawyer in this country on that point, that fealty was exacted on the manumission of a slave by his master. Where is there now the difference? At what time did fealty change? When did the transformation take place? I am not aware of it. I think, and I challenge anyone to prove to the contrary, that fealty was not the position under which a slave was faithful under the Roman law, which is the foundation of the British law. That is the way I account for the oath. I look at it like this from a thoroughly conscientious point of view, and no matter how it is argued, nothing will convince me that I should put my conscience under my own heel in order to grasp some transient, ephemeral interest. The facts are there. I do not take up a sentimental attitude, and for that reason I agree with those on the other side who object to dragging in here the bones of the dead. Many of the men who are dead would have taken their stand, some one side, and some probably on the other. There is no good in an argument based on such a thing. It is only the merest chance that the Minister of Finance, the President, or other prominent Members are not dead, and then, too, I suppose if they were dead it would be asked would they have done such a thing. I think that argument is not an effective one. It is begging the question. It is one of these arguments given to the House based sometimes on sentiment and sometimes on reason---that the major premises were one thing, and the minor premises another thing---that leads to no conclusion. There is no use in following them up and pursuing them because you cannot get to anything definite. Another point made by Deputy Hogan was that he said France could give away parts of her territory and not take away from her Constitution.

MR. HOGAN:

On a point of order, I did not.

Mr. RUTTLEDGE:

Well, I put down the exact words at the time.

Mr. HOGAN:

What I did say was that in a Treaty with England she could give her control of certain ports without taking one iota from her status.

MR. RUTTLEDGE:

There was another matter in the debate. We have heard arguments that there was no real difference between the two documents. We had it spread in circulation in the Press that there was no difference between the two documents. Well, Deputy Duggan has admitted that one meant a Republic and the other did not. I hope there will be no more of this quibbling. I do not see why there should be such a terrible effort to obscure the issue.

MR. GRIFFITH:

Mr. Duggan is not here and he made no such statement as that.

MR. RUTTLEDGE:

I do not want to take advantage of any Deputy. I take it that Deputy Duggan in his statement put it forward that external association meant recognition of the Republic. I am speaking subject to contradiction. This is a grave matter. I will not try to take advantage of any man. Everyone here is able to answer for himself, but Mr. Duggan is not in the room. There is a lot of talk about sovereign status---I refer to constitutional lawyers or would-be constitutional lawyers. I am not trying to drag legal matters into this if I could avoid them, but they have been dragged in, and that is why I am trying to remove any misapprehensions in the mind of the Dáil. They talk about sovereign status, and they try to make out they could prove it, but at any rate did not prove it---that Canada was independent practically, and that she had sovereign status. Very well. Let us take Canada for a moment. Now Canada has appointed by the British Crown a Governor-General, and Canada's Constitution is embodied in an Act of the British Imperial Parliament. There is no getting away from that fact. No one here will try to argue away the character of that status. According to statements made in support of the Treaty we are to be put on the same basis as Canada. The Governor-General of Canada is appointed by the British Crown in accordance with an act of the Imperial Parliament. Where, I ask, does the question of equality come in there? No more than it comes in in the question of master and slave, of fealty and faithfulness. It was not made clear to the House on the first days what we were doing or what we were accepting. We had full freedom and independence subject to nobody we were told, but now it has been cleared up in discussion, and we know that we go into the British Empire as British subjects and that the Army of this country is the Army of Great Britain and that our Ministers are his Majesty's Ministers. If these facts were stated at first it might have saved a lot of useless argument. It is better to face the facts as we have them than to try to get away with something we cannot prove. There are two forms of authority, and I will state them, and no constitutional lawyer, or would-be constitutional lawyer, would differ with me in this. There is an authority that comes down and an authority that goes up. One comes from the King down, and the other goes from the people up. Now, I challenge contradiction on that---that there are those two forms of authority, one that goes from the King down, and the other that goes from the people up. If you try to establish that you are a Sovereign State you must derive your authority from the people up. But under this thing, call it a Treaty or Articles of Agreement, it comes from the King and through the Governor-General down. If I were arguing on document No. 2 that would be made plain. It does not permit of one moment's argument that authority comes from the King down and from the people up. That is admitted by every constitutional authority. Here we are standing on the authority that comes from the King down. I would have much preferred to see that everyone faced the facts as they were before him, and that there was no drawing of red herrings across any discussion. I know well that every Member of this House realises to the full the responsibility on his shoulders, and that it is no time for a quibble one way or another. Now I always understood---a misconception, unfortunately, on my part---that Treaties were always concluded after war, but apparently this was a Treaty concluded on the opening of war, a really intensified, terrible, and immediate war. For that reason this Treaty has no precedent. I do not know of any, I am sure. Some Members of this House may be better informed, but I have not come across any such case. That makes this Treaty very different from anything that I have come across. What the country wants is peace with honour. I have judged the people of this country very badly if they would take any peace, a peace with dishonour. Now I am not making any reflection on anybody. What can I go on but the evidence of Mr. Barton, when he clearly explained that his signature was put to that document by force. Is it to be suggested that a Treaty got by force is honourable? If it was honourable the element of force---the threat of war---could not have been in it. We heard a good deal in the discussion here about the people we represent. I am conscious of the responsibility that rests on me as a Member of this House in representing a western constituency. I am prepared to go to the people and tell them, `You elected me on the declaration I made to you that I was a Republican and nothing else', and I will say to them that my honour is at stake, and that my own conscience will not allow me to do this thing. No matter bow I struggle with my conscience, it would not let me do that---to deviate from the straight uncompromising path of an Irish Republican. If the people desire to withdraw the confidence they gave me, they may do so, and my good wishes with them, but whatever influence that any section of the people may have, I do not think they would exert it against any person who tries to justify his action on the grounds of conscience. Peace with honour to me means peace between two equals, and if it is peace between equals there cannot be an element of force. We should face facts, and the facts are these. My contention is that you may compromise on unessentials, but on essentials you cannot compromise. On the matter of this Treaty you were asked to compromise on what is essential. I cannot construe it as anything else but essential, and I stand over principles, uncompromising principles, against compromise and expediency.

Adjourned to 3.30). On resuming after the adjournment, the SPEAKER took the chair at 3.45.

Mr. M. COLLINS:

There have been references made to inaccurate reporting in the Press, and for the facility of the Press I suggest that any Members rising to speak should come up to the table, because the Press cannot hear them. I have been at the back of the hall and you cannot be heard from these corners. It is only fair to the Press and fair to the assembly that that should be done.

THE SPEAKER:

I already intended to do that---to ask each Deputy as he spoke to come up to the end of the table.

ALDERMAN W. T. COSGRAVE:

We have been listening for some days to various and varying opinions---legal opinions, I should say---from both sides of the House as to what this means or what that means. And latterly these opinions have been centering around the relative distinctions as between faithfulness and allegiance, and we have learned to-day that faithfulness is from a slave to a master, and that allegiance is only from a subject to a king. That is not the interpretation the man in the street puts upon it, and that is not my interpretation. A Doctor of Divinity in explaining this matter to me in connection with the oath points out that one can be faithful to an equal. And it is in that sense that I interpret this oath, and I believe I gave expression in the Cabinet to the opinion that this oath could be interpreted whatever way you looked at it. If you were sufficiently prejudiced on the one side to say that it was an oath of allegiance, you were entitled to do so, and if that be the interpretation of those who are against ratification of the Treaty, I make them a present of it. My interpretation of it is that in this commonwealth or association each of the members is equal; and if that be wrong, I think we will find ourselves in the company of some distinguished constitutional lawyers. Now practically every possible phase of this Treaty has been discussed, and there is very little for those who are taking part in this debate now to deal with except statements or interpretations of this instrument that have been made before. I concern myself with one or two of these. We were told that we of Dáil Eireann `having declared its independence should approve of and ratify a Treaty deliberately relinquishing and abandoning it'. That is the Press quotation of a man who has been looked upon, I believe, by those who have been against ratification as one of the ablest exponents of the reason why it should not be ratified. We have declared our independence. If x be absolute independence and y be independence, we are told that we are abandoning what is the relative value of x and y to one another. X, in my opinion, would equal y if you put minus £42,000,000 per annum and 60,000 English troops and a foreign judiciary, or, what was worse, a venal local one with venal professions, and people who are aping English customs and practices, with raids and seizures on public and private buildings, the opening of private correspondence, and so on. That is, in my opinion, the real difference between x and y [applause]. We are told that we are abandoning a declaration of independence. Well, everybody who has taken part in this struggle knows what it meant, and knows what it involved, and what it cost the people of this country. It means the arresting of every national development and improvement in this country. It means that the English Parliament has got the power that it has of 60,000 troops behind it to put its authority into practice. We have resisted it magnificently, and some of the best of those who resisted it are in this House for the ratification of the Treaty. Criticism has been made of the statement that was made by the Minister of Foreign Affairs, that this was a final settlement, and it was contrasted with the statement that was made by the Minister of Finance, who is reported or criticised to have said `a settlement that is not final'. Now, what are the words of the Minister of Finance, because he at least cannot be charged with any unfairness in connection with this debate; or anything in connection with these proceedings [hear, hear]. And here let me say that he is reported to have said that `in my judgment it is not a definition of any status that would secure us that status; it is the power to hold and to make secure and to increase what we have gained'[applause]. Does any man who is against ratification take exception to that statement? Is he entitled in honour to make that statement? He is, and, in my opinion, the people who are for that Treaty are entitled to carry out to the letter every syllable that is in that document. I listened with great patience to some very long speeches this afternoon, but you have set the example yourselves. Now, I think we have examined that declaration of independence that was given to us, and I think that even those who have made that statement cannot challenge those who are voting for the ratification of the Treaty as having abandoned any vital issue in connection with that declaration. We were told that we did not make it plain at the elections that we stood for Dominion Home Rule. Was it made plain to the people that we were standing for association, either external or internal. Did anybody stand up before any audience in Ireland and say: `I am standing for association with the Commonwealth of Nations, and to associate with it the national aspirations of the Irish people'. I think that it is only right that the people should understand what the position is. Now just before the adjournment I heard a very able speech---I regret that I was not in for the whole of it---and exception was taken to the position of the King and the position of the Governor-General under this instrument. The Canadian law was, I believe, quoted. Well, I have a document here before me which states: `The status of Canada in law is that it is a subordinate dependent of Britain holding her self-governing rights under a British act of Parliament which can legally be repealed or amended without Canada's consent' `

hear, hear

'. That is the law. This is the fact, and it is written immediately underneath it: `Canada is by the full admission of British statesmen equal in status to Great Britain and as free as Great Britain'. Do you say `hear, hear to that?' [applause]. In Mr. Bonar Law's words, she has complete control over her own destiny. Now I hope I am not contravening any of our own regulations when I am reading from this document, but I think there is nothing in it which would leave me open to exception. `In law the British Parliament can make laws for Canada with or without Canada's consent, and in law British acts in Canada over-ride Canadian acts where there is any conflict between them'. That is the law, and immediately underneath it is written: `In fact Canada alone can legislate for Canada'. `Veto on legislation. In law the British Government, through the Governor-General of Canada, and in the name of the Crown, can veto Canadian bills. In fact', is written underneath it, `it cannot. Canada's Constitution. In law it can only be altered by the British Parliament', and underneath is written: `In fact this is a pure technicality. Canada, and Canada alone, can alter her Constitution'. `No. 5.---The Crown in Canada. In law the Crown is the supreme authority in Canada. In fact the Crown has no authority in Canada. It signifies sentiment only. In law there is an Oath of Allegiance to the Crown in Canada. In fact the Canadian owns obedience to his own Constitution only'. Now that is the dope that the delegation had to make up the medicine that they have given to us. I think they did rather well. `The Governor-General of Canada in law is the nominee of the British Cabinet only. In fact he is the joint nominee of the Canadian and the British Cabinets'.

A MEMBER:

Who wrote this?

ALDERMAN COSGRAVE:

I stated that the authority was a remarkably good one. I am quoting from a document that I believe will not be---

MR. CHILDERS:

Whose is it?

ALDERMAN COSGRAVE:

It is tabled by `E. C. November 29th, 1921'[applause]. Mr. Childers, I understand. Now I hope we have made that point clear.

MR. CHILDERS:

I thought the Deputy was going to proceed, but he is not. Might I ask him to hand me the document for a moment. I daresay all present here will recognise that what be read out is precisely what I said in my own speech the other night, pointing out that Ireland could not possibly be in the same position as Canada. That memorandum began thus: `Ireland has been offered the position of a dominion, subject, however, to conditions in connection with defence and tariffs which are inconsistent with dominion rights. Ireland is not a British colony, but an ancient and distinct nation with an inherent right to independence. Nevertheless, supposing an offer of full and complete status was made, what would be the effect upon Ireland? Take Canada, for example. Canada has a legal position and a constitutional position, two wholly different things'.

MR. M. COLLINS:

On a point of order.

ALDERMAN COSGRAVE:

Leave him alone. He is making it as clear as mud.

MR. M. COLLINS:

I want to make the House appear like an assembly of legislators before the public. I don't want men jumping up every minute when their statements are challenged.

THE SPEAKER:

What is the point of order?

MR. M. COLLINS:

The point of order is this: the Deputy for Wicklow has already spoken in this. Some of my statements are challenged, and if he rises to reply, I have equally the right of reply. For goodness' sake let us conduct this discussion properly. The interruptions are all from the other side.

THE SPEAKER:

I might be allowed to do my best to conduct this discussion properly. I understand that the Deputy who was speaking gave way to Mr. Childers to explain the document, and it is for that Deputy if he likes to object.

MR. GRIFFITH:

Statements have been made about me and what I said, and I have not replied to them. I want to know is Mr. Childers allowed to discuss his own document which he handed to us, when he has already spoken, and if we are to be gagged from replying to Mr. Childers' associates?

THE SPEAKER:

Am I right in taking it that the Deputy who was speaking has given way to Mr. Childers to speak concerning the document that was quoted?

ALDERMAN COSGRAVE:

To tell you the honest truth, I wanted a moment or two. I don't know whether if we are going to discuss all those documents and read them all at such length we will ever get to the business. I believe I was right to extract from documents any relevant matters affecting this question I was dealing with. It is for you to say whether the Deputy is in order or not.

THE SPEAKER:

The Deputy was not in order in interrupting your speech unless you gave way to him.

ALDERMAN COSGRAVE:

I will give way to him.

MR. CHILDERS:

It is a matter of universal fairness in all the assemblies of the world that when a part of a document is read that the writer can demand that the whole of it be read. I have six lines more: `Take the legal position and the constitutional position---the Law and the Fact---in turn, remembering that in Ireland, lying close to English shores, there would be nothing to prevent legal controls being enforced, and the Law made the Fact'.

ALDERMAN COSGRAVE:

I was not paying very much attention to the deputy when he was speaking, but I am concerned with one or two words in the paragraph of this instrument which refers to what is called `The practice of Constitutional Usage'. I am banking upon that, and I think I am entitled to do that. He complains that the Minister of Finance passed lightly over the clause concerning the ports, that he did less than justice to the subject. I believe there are something like ten or twelve lines from the Minister of Finance dealing with this matter, and he certainly, in my opinion, did justice to it. But I go on and I find that the Deputy said further that the clause in question said that Ireland was unfit to be entrusted with her own coastal defence. `In that clause was the most humiliating condition that could be inflicted on any nation claiming to be free'. Now I didn't read into that clause that Ireland was unfitted to be entrusted with her own coastal defence. I believe in another place the Deputy for Wicklow stated that the coastal defence was to be settled permanently---for ever and ever.

MR. CHILDERS:

I said occupation of ports under Clause 7.

Alderman COSGRAVE:

I cannot find exactly the words, and I wish you had interrupted me a little longer. `Clause 7 said', Mr. Childers declared, `that permanently and for ever some of the most important ports were to be occupied by British troops'. Now I am not going to read this particular instrument, but Clause No. 7 says: `the Government of the Irish Free State shall afford to his Majesty's Imperial forces (a) such harbour and other facilities, etc'. and neither the words `for ever'nor `permanently'is in either part of that document. Now we are dealing fairly with one another, and we had better have the truth out. That statement is certainly not in accordance with the facts, and the Deputy for Wicklow is an honest man and he is reported here as having said that `permanently' and `for ever'were included in that clause. They are not. I will tell you the particular instrument that they were possibly included in---the Act of Union, and this instrument wipes that out `permanently' and `for ever' [applause]. Now this Treaty has been criticised, belittled, and, I believe, slandered to an extent that certainly surprised me. It represents work that has been done in five years; greater than was accomplished by Emmet, O'Connell, Mitchell, Davis, Smith O'Brien, and Parnell, down even to Mr. Redmond with a united country behind him. In five years it has accomplished more than the best of those people hoped for. References have been made to Grattan's Parliament at the Private Session and the public Session. What was Grattan's Parliament? Did these people who spoke of Grattan's Parliament think that it was an injustice to this country to be deprived of it, and did the honourable and gallant---and I believe he has some claim to the title of rev.---Deputy from Wexford think it when he was addressing this Congress here yesterday. I recollect when I was very young in the Sinn Fein movement he was in it. I believe our Ambassador from Paris was in it too, but I think that the basis of the Sinn Fein movement at that time was the restoration of that Parliament of the King, Lords and Commons of Ireland. The gallant Deputy at that time was evidently a Royal Republican [applause]. A Republican from his boyhood I believe he told us he was. He must have omitted this particular period when he was a member of the Sinn Fein movement.

MR. ETCHINGHAM:

I wish you had to come to confession to me [laughter].

ALDERMAN COSGRAVE:

Now the Deputy from Wicklow made a statement with which I am in entire agreement, that the freedom and the liberties of the people of Ireland could only be given away by the people of Ireland. We represent the people here---at least we think we do---and the people certainly have got a right to be heard on this question. Is there any fear of putting it up to them? [`No']. They have the right to get it put before them. [`Yes']. And they have the right to decide it? [`Certainly']. I think they have. Are you going to object to their having a decision on it? [`No, no']. And you will abide by it? [`Certainly']. Now, if we get that far, I think there is a great chance of healing up the difference between us. For over two-and-a-half years this Cabinet has worked loyally and well together and I certainly can pay a tribute to every member of it. I have known them to work night and day in the interests of the nation, men who thought no trouble too great to take at any time, and I should say that the two men who typified the best type of Irishmen I have ever known are the President and the Minister of Finance [applause]. I recollect four or five years ago the President spending six, seven and eight hours a day at meetings bringing people together and getting them to see common ground upon which they would work together: and would it not be a lamentable thing that, having come to this crisis, that we should now separate. I think the nation is deserving of the support of every one of its sons and daughters and that there should be no division with the people or with one another. Let us do what we can to let the people have their way. Now great exception was taken to a name---the name of the King and the Governor-General. Well, they are here now. The courts are functioning in their names.

MR. STACK:

What courts?

ALDERMAN COSGRAVE:

Their courts. They are functioning. They may not be doing much business, but they are there for a very long time.

MR. STACK:

Whose courts?

ALDERMAN COSGRAVE:

Their courts. There is not much terror in the name, even when it is backed up by armaments and equipment and motor lorries and tanks; and we are told to be terribly in dread of this new man who is to come as Governor-General. Now, I ask any man who votes for the ratification of the Treaty, does he really care a damn about the Governor-General? I don't believe that he does. We are told by the Deputy from Wicklow that we cannot prevent them landing troops if this instrument is ratified. I wonder could we prevent them now.

MR. M. COLLINS:

Well, we tried it a few times.

THE PRESIDENT:

An agreement is an agreement, and this agreement is before the world and has attracted universal attention.

ALDERMAN COSGRAVE:

The President is surprised. He would like to get up and say a few words. The Minister of Finance lays special stress upon the fact that what was felt more deeply than anything else by this country was the peaceful penetration of the enemy. It is typified in every walk of life in the country. The best colleges play the foreign games. The President can bear me out in that [applause]. At the race meetings one sees the Union Jack. I believe the Minister for Home Affairs can bear me out in that. I don't know what the Minister of Defence does in his idle moments. I cannot get him to bear me out in anything. All I knew him to be interested in was in shooting, and even in the rifle-clubs that were established before the Volunteers the Union Jack floated over them. So that we have evidence that the peaceful penetration of the enemy was right in every fibre of our national life. Now, sir, if there is one thing more than another which this movement has done it is that it has captured the imagination and support of Southern Unionists as they have been known. I believe that there is no such thing as a Southern Unionist at all, and if there is any he is only fit for the Museum. This instrument gives us an opportunity of capturing the Northern Unionists and that is a proposition worthy of our best consideration; and with a generous invitation to cultivate and recognise our national identity, and to help us in putting this country in its proper place, I believe that we would effect a united country in a way that was never done before. They are great citizens of this nation even though they differ from us, and it must be said whatever the Delegation has done no one here has suggested any better method of dealing with them than that laid down here. Criticised it may have been, held up to public odium, but no alternative was suggested, and, as far as that was concerned, even their critics must, to use an Americanism, `hand it to the Delegation'. One question that has not been put at all is this: If you could have a choice for a Republic with twenty-six counties, would you have it or a Dominion for the whole of Ireland? If such a choice were put up my money would be on the Dominion, not per se on the Dominion, but because it would effect that unification that ought to be effected in Ireland, to make the North realise that they are noble citizens of the country and to make them realise that they should devote their energies to what it should be. I would like to know from the little Deputy from Monaghan what he has got. He certainly has neither one nor the other. I don't believe that he has even got Document No. 2. Now, sir, one simple incident that may not be known to the Members of this House---Members of Dáil Eireann, I should say---Pro- British firms who have never been in sympathy with the National movement, who have always opposed it, and who dismissed men who took part in the Rising of 1916, and men who have been imprisoned since then, have within the last few weeks sent for every man knocked off their list by reason of they being connected with the movement since 1916. That shows the change that has taken place in the minds of those conducting business in Ireland, that they must bow before the will of the people, and that the will of the people has come to stay. I notice on the hoardings outside occasionally some criticism of the Irish Free State. I believe we are responsible for the name ourselves, but now that the English Government has agreed to give it to us we don't like it. Saorstát na hEireann, a title and term honoured in July, now is a term of reproach. It is an extraordinary thing---what Mr. Dooley would call `a reversal of public form'. Now I was rather struck by the speech of the Minister for Finance, and I would personally hand it to him for his speech in this assembly. It was a remarkable contribution to the subject we are discussing. two words he mentioned were of vital importance, `security' and `freedom'. Those who are criticising the ports being left for a period of five years in the bands of the British should realise that, after all, there must be some defence of them. We have not yet come to that period in which we could say, `Let there be a submarine', and that it would come forth at once. While we are getting fitted up we must have something, and I consider that clause a reasonable inclusion in the instrument, in my opinion. We have been told that there was a 750 years' war. I am neither a young nor an old man, and if my recollection is quite correct the war has only gone on for five years during the last forty years, and then during the whole of that period it was not in operation. There was what you could call `a suspension of hostilities' now and then, and, if my recollection is correct, we were criticised for bringing about war at all five years ago by some people. Now, sir, if the alternative to that document means war, there are one or two things that we ought to keep before us. One is that well-equipped armies may not win a war. That is one for John Bull. And one for ourselves is that the economic situation is not such in this country at this moment that would justify us in taking the risk of precipitating war. The Minister for Economies or his substitute Minister had not during the Private Session or up to this referred to the economic situation in bringing about war. Here in the capital of Ireland there are something like 20,000 families living in single-room tenement dwellings, and are these the people you are going to ask to fight for you? It is not fair, I submit. To my mind, when I first saw this instrument, it appeared that there were potentialities in it undreamt of in this country up to this time. If as a result of the successful working and administration of this act that that gradual improvement that has been outlined in a semi-prophetic fashion by the Minister of Finance was brought about and the ideals this country struggled for generations should come to pass, it might possibly be within the bounds of certainty that a reconciliation would be effected between the new world and the old; that these two great countries would be able to keep the peace not only of themselves but the world, working for the best interests of Humanity, assisted by the civilisation and culture of this country, improved by people who have never had an opportunity in their lives of developing their own nation in their own way and effecting world improvements in problems that have never been solved and that are not even in the way of being solved. Some American jingoes, or whatever they are, very much fear that that sort of thing will come to pass. It may even be possible from the influence that would be exercised by the Irish Free State to effect improvements in these down-trodden nationalities such as Egypt and India.

MESSRS. COLLINS AND GRIFFITH:

Hear, hear.

ALDERMAN COSGRAVE:

And any matter in their state would be a matter of security to the Irish Free State. Now, I think it is right that the point that was made by the Minister of Finance should be emphasised, and that is that if they did not agree to sign this Treaty this is not the instrument that would be put before you. When they went back to London on that fateful Saturday, four remarkable improvements took place in the document that they brought back. The first is absolute and entire control over the taxation of commodities coming into the country. Personally I don't believe that there will be much taxation on these things, but, at any rate, you have got the right---the right was admitted. The second item was in connection with the oath. Well, I suppose everyone has his own conscience, but some people say they are more conscientious than others. As an ordinary common or garden man---may I accept that interpretation of it?---I have not got the constitutional lawyer's mind, the solicitor's mind, or even the mind of an idealist, but an ordinary business man's mind, and I see nothing objectionable in it, absolutely. And all the oratory I have heard on the other side has not convinced me that it is objectionable. I believe I heard the President on one occasion state if you are prepared to make a bargain, why would you not be prepared to be faithful to it.

THE PRESIDENT:

Hear, hear.

ALDERMAN COSGRAVE:

Very well, then. Is this a bargain or is it not? It is a bargain.

THE PRESIDENT:

It is not.

ALDERMAN COSGRAVE:

Very well, then, the objection is not to the oath at all but to the bargain. I am fair at making bargains myself. I believe on one occasion, Mr. President, when you said to me that you were sure Lloyd George was a tricky man, I said to you, `I suppose if he were not you would be very honest with him'.

THE PRESIDENT:

I don't remember the conversation, I must say.

ALDERMAN COSGRAVE:

I suppose it is right to say that you would not try to get the better of him. I think that is about all I have to say. I believe, sir, the loss of the President to the Free State should this instrument be approved would be a terrible loss. I believe the loss of the Minister for Home Affairs and the Minister for Finance would be equally irreparable. I know the Minister for Defence. My own conviction is that except for war he is not worth a damn for anything else, but that he is a great man for war I bear witness to, because even when the spark of life was practically gone out of him he was as full of fight as when be was going into it. Whether I have made a ease for signing the Treaty or not, I think that Dáil Eireann is in better humour now than when I started, and I now formally approve, recommend, and support the Treaty.

MISS M. MACSWINEY:

It has been said by many Deputies when they rose to speak that they would try to keep the House as short a time as possible. I, too, shall do that, but I am sorry that I cannot promise that it will be very short, for I rise to speak with the deepest and fullest sense of my responsibility, not only to those who sent me here, but to the whole Irish nation which now is to make a decision fateful---far more fateful than was the decision made in 1800, for with all the allusions made to Grattan's parliament, one thing has not been said: that is that it wasn't the Parliament of the people. It was a Parliament representing, or supposed to be representing, only one-fifth of the people of Ireland, and even then by means of undemocratic elections. It did not faithfully represent even 20 per cent of the Irish people. But this Parliament represents in a very real sense the Irish nation, and it was sent here to represent to the world their demand for a free and unfettered government of their own, the ideal of self-determination, of which we had heard so much in recent years. Many Deputies have got up in their places and spoken here---Ministers and ordinary Deputies---as if we, who stand for what the Irish people want in their heart of hearts, want to choke the voice of the Irish people. That is an absolutely wrong and wicked statement, and in their heart of hearts they know it. We have no reason to fear the people, for we are true to the ideal which they sent us here to represent. On the 24th of last May the re-elections took place for this assembly, and whatever the Members chosen in December, 1918, may have to say for themselves, the new Members were chosen because the people who sent them here believed that on no account whatever could they he brought to compromise. I say that to the young soldiers and others who stand here since last May as I do; they were elected, as I was elected, because the people who sent them here believed that they would never compromise. Dr. MacCartan---and I am sorry that he is not here to listen to what I have to say, but it is the custom at the other side of the House, as soon as a speaker stands up against ratification of the Treaty, the young men walk out with their heads up, like their going into the British Empire. There is talk of your duty to your constituents. The most reasoned, the most excellent statement on the good and bad points of this Treaty presented to you was given by Mr. Erskine Childers, and the young Deputies who of themselves cannot possibly know the pros and cons did their duty to their constituents by walking out and not listening. Their minds were already made up. Is that your duty to your constituents? I maintain it is not. Deputies here have alluded to the will of the people with dramatic force. I stand here for the will of the people, and the will of the people of Ireland is for their freedom, which this so-called Treaty does not give them. The will of the people was expressed in December, 1918. The will of the people was expressed in the manifesto which sent every one of you here. And I ask any one of you voting for this Treaty what chance would you have if on the 24th of last May you came out for Dominion Home Rule. If Sir Horace Plunkett stood against Mr. Kevin O'Higgins last May, what chance would he have? None whatever. There is the will of the people, and well you know it. Here in this assembly, if it could be possible for you, would you representatives of the people do what the wicked, unscrupulous people in the Parliament of 1800 did, and sell the rights of the people as you alone can do? That does not mean to say you have taken money for them, but sell them for the mess of pottage in that so-called Treaty. Control of your money: you say you have control of your purse, control of your army, control of your finance, your education, and the evacuation of the army out of Ireland. Mr. Churchill, whom we all know is the enfant terrible of the British Government because he is always giving away what they mean but don't choose to say, has declared that the grant of fiscal autonomy did not matter, because Great Britain held Irish prosperity in the hollow of her hand. You are getting an army, you say. Mr. Churchill assures the English people as to the right given to Ireland to raise a defence force, that he was certain the force which was raised by Ireland would not be beyond the power of the British Empire to control. On the contrary, and make no mistake about it, if you sign that Treaty Mr. Churchill is right. You talk about evacuation of our territory by the British forces as soon as the Treaty is ratified. I have not got anybody to tell me whether this is a Treaty or whether it is articles of agreement. You call it a Treaty. Not a single official of the British Government has called it a Treaty anyhow, but let that pass. We will call it a Treaty anyway. Mr. Lloyd George has said in his letter to Mr. Arthur Griffith: `We propose to begin by withdrawing the military and auxiliary forces of the Crown in Southern Ireland when the articles of agreement are ratified'. Therefore they will be kept in Northern Ireland if Britain so wills. And take that statement `when the articles of agreement are ratified'in connection with Article 18 of the Treaty: `This instrument shall be submitted forthwith by his Majesty's Government for the approval of Parliament'---not ratification you will notice---`and by the Irish signatories to a meeting summoned for the purpose of the Members elected to sit in the House of Commons of Southern Ireland, and, if approved, shall be ratified by the necessary legislation'. Therefore this assembly is not, as has been already pointed out, competent to deal with the matter at all. We are not the Members elected to sit in the Parliament of Southern Ireland. We are the Members elected to sit in the assembly of the Irish Republic.

MR. MILROY:

Under a British act of Parliament.

MISS MACSWINEY:

Yes, under a British act of Parliament, for until our Government was functioning we had no machinery to act otherwise. The Deputy who has spoken knows perfectly well, as well as every intelligent man listening to me knows, that if we had refused to use that act of Parliament against the enemy himself, what would have happened was that all the Southern Unionists, gombeen men and other good-for-nothing, soulless, characterless men would have gone up for that Southern Irish Parliament and legalised partition. Moreover, in this assembly there sits at least one Member who holds a seat for Northern Ireland and has no seat in Southern Ireland at all, and, therefore, this assembly is not legally entitled, even by that instrument, to approve or disapprove of this agreement. But, allowing that we approve of it. If approved, it will be ratified by the necessary legislation, and Lloyd George says the Army will go out when it is ratified. Now, watch Lloyd George. He will take some watching. He is known in every Chancellory in Europe as the most unscrupulous trickster that has ever occupied an honourable office. As far as we in Ireland are concerned, the office which he holds never has been an honourable office, but in his own country it is supposed to be so. And never has a more unscrupulous scoundrel sat in the seats of the mighty than Lloyd George. There is no Government in Europe that trusts his word. Will you do it? It has been said here, moreover, that the people would rush at this, that the people would ratify it. That I deny. The people might have last Thursday morning, because the people had not read or studied it. I know myself of several instances where people seeing the names of those signatories to that document threw up their hats in the air and cried, `Hurrah, peace at last', without ever knowing that there was an oath to the English King in it. In trying to make some amusing points---some flippant points against one of the Members of this assembly---the last speaker mentioned Sinn Fein, that they were members of Sinn Fein once together, and all Sinn Fein stood for then was the King, Lords, and Commons of Ireland. That is perfectly true of many Members here---I for one say it has never been true of me, or anyone belonging to me. We absolutely refused to join Sinn Fein until Sinn Fein became Republican. It is absolutely true to say that that Treaty as it is given to you was the be-all and the end-all of Sinn Fein's existence up to 1918. It is the darling and the pet of Mr. Arthur Griffith's life. He has talked to us; he has shown how the Irish Party were fooled by Lloyd George or Lloyd George's predecessors. He has talked about 1782 and getting back to it. Some of us in 1917 had some trouble to make him use the word Republic. He did not believe in a Republic. He is the one man of the five delegates who has shown that he does not believe in a Republic. Now that is to him an honest document Sinn Fein up to 1918 was not Republican, and in 1917 some of us were wondering very strongly whether we ought or ought not adopt another organisation altogether which would be definitely Republican, but we preferred to make that one that was in existence, and all the common members of which became definitely Republican after 1916 the organisation, if the founder and advocate of it would stand for complete independence. We wanted to get done with 1782ism, and we will not go back to it. And it is absolutely true to say that many men here who are now honest Republicans in spite of the sneers, joined Sinn Fein and were good members of Sinn Fein, while half-measures were possible. Half-measures are no longer possible, because on the 21st of January, 1919, this assembly, elected by the will of the sovereign people of Ireland, declared by the will of the people the Republican form of Government as the best for Ireland, and cast off for ever their allegiance to any foreigner.

The people of Ireland will stand by that and refuse to take it up again. One eloquent speaker on the side of Dominion Home Rule talked about the Army, the evacuation, and the financial control, which Mr. Churchill tells you he holds in the hollow of his band, and which even if it were a reality you are not entitled to sell your own souls and the souls of the people for. He came at last to education. He, too, is not here, but those of you who heard him qualifying our chances of education under this so-called Treaty can hear me. I doubt if there is anyone in this assembly more entitled to give views on educational matters than I am. I have been engaged in education for a very long time, and I tell you that whereas the education under the English Government in this country was bad and recognised as bad, we were able to fight against it, but the education under the Irish Free State, when we teach that that is wrong---and I shall never teach anything else---we shall be teaching rebellion to the established government of the country. If this country should be so false to itself as to adopt the so-called Treaty, I have already told some of the Ministers on the other side of the House that I will be their first rebel under their so-called Free State, that they will have the pleasure or the pain, as it pleases them, of imprisoning me as one of their first and most deliberate and irreconcilable rebels. Up to this we have never been rebels. You can only rebel against a lawfully- constituted authority. The authority of England in this country of ours has never been lawful and has never been recognised by the Irish people. But I recognise, as the Minister for Foreign Affairs told me the other day, that the will of the people is sovereign. I recognise perfectly well, if the people, if the majority of the people in this country, set up this Free State Government, that it will be the Government of the country, and I will be a rebel, a deliberate rebel, for the first time in my life. Though I have been a teacher all my life, and longed and prayed for the day when the Irish Government would take over the education of this country, I tell them here and now I would never teach in a school under their control---that I would still take a school and teach that the adoption of that treaty, if it should be adopted by this Dáil and by the people of the country, is the greatest act of treachery in history. That I shall teach to every child that I have control of, and I shall teach the Republican doctrine in any school I teach in, and if I have only two pupils instead of 200, it does not matter; I shall keep their souls clean at any rate. I shall be a rebel to their Government, and I shall be a rebel to their education, for it will be false, utterly false education. What will you teach the children in these schools? [`Irish'] Irish! Yes, but not Irish alone. To teach through the medium of Irish you must teach the history of their country. And the greatest trouble of education in this country is that we were never allowed to teach until recent years Irish history at all, and then it was not Irish history, but the history of England in Ireland. You must teach history, you must teach the names of the great ones of the past, you must teach the history of Grattan's Parliament and the people that gave it away. Then you will come to the history of Dáil Eireann, the history of the Parliament set up in 1919 by the will of the people, the history of a movement that made our country great throughout the world, the history of a movement that brought on us the admiration of the world, the history of those who commanded the admiration of the world for qualities of soldiers and statesmen that six years before no one would have believed them capable of. You will have to teach them that the eyes of the world were turned on our country wondering and uplifted because in this day of materialism a little nation, a gallant little people, fought against a mighty foe and refused to acknowledge itself conquered. You will have to teach them that when the eyes of the world were on that little gallant nation, when the hearts of free people everywhere were beating high in expectation that at last government by the people for the people should be really understood, that the mighty foe that had crushed us so mercilessly when it was powerful, that mighty foe, with its arms and its legions, yet unable to conquer us, was forced by the public opinion of the world to come to terms. You know perfectly well that if England wanted to conquer us, if she wanted to exterminate us, she would be able to turn armies in on us and do it. We know that we cannot, a little people like us, stand up against the mighty legions of England. We were not standing up alone and England did not have to fight us alone; she had to fight the aroused conscience and the public opinion of the whole civilised world. England, faced with trouble all over her Empire, faced with financial difficulties, faced with the fact, and it will be a fact still, and mark it, you pressmen of England, who are so unfair to the justice of our cause, mark it well. England was faced with Irish agitation in every corner of the world against her, and that agitation she thinks she will kill by that instrument. I tell her she will not. Wherever her power is over the world, there we shall be uprooting it; wherever she is looking for a friendly alliance, there shall we Irish rebels be, regardless of this Free State, to destroy her chance of friendship. She thinks that she will settle America and put America in her pocket as soon as she has passed this Free State. She will not, for the same unconquered and unconquerable Irish Republicans who stood by Tone and Emmet and Mitchel and the men of 1916 will still go abroad to America and to Europe and undermine the friendship of England. Therefore, make no mistake about it, England, you are not buying Ireland's friendship with that document, you are killing it irrevocably. The President has told you that that document does not make for peace. It does not. Go back to 1914 and remember how the then leader of the Irish race, as he was called, tried to stampede this country into the war for the freedom of small nations. England's difficulty, we were always taught, was Ireland's opportunity. Mr. Redmond said England's difficulty now was Ireland's opportunity to be generous. If Mr. Redmond, at that moment, the greatest moment of his life, as it could have been, had turned around to England and said not one man, not one penny will you get for this war until we are free, Mr. Redmond could have got and could conscientiously have accepted this so-called Treaty. If Mr. Redmond, in 1914, had stood out, he could have got that, and then there would be no dishonour to the Irish Nation to accept it. But the 21st January, 1919, bars such a bargain for ever. The country was stampeded into approval of the war. I was in England when the war broke out. I could not tell you the anguish of soul I experienced when I came home and walked down the streets of Dublin and of Cork and saw the friends of my lifetime sporting the Union Jack. We are all British now, but even then we were not British by the act of our own people. Even then we had not declared common citizenship, with fidelity to the King of England. A small minority of the people of Ireland realised that they had to strike, and strike at once, that if they waited for the war to be over England would have her countless legions turned against us. They decided on rising; that rising was largely rendered futile by the acts of people at the last moment who tried to stop it. Yet the battle was fought, and Easter Week, 1916, stands out in the annals of the world. What will your new Free State educationists teach about that? It was a minority that fought in 1916; it is always a minority that saves the soul of a nation in its hour of need. But the leaders in that fight---Tom Clarke, Padraig Pearse, Sean MacDermott---whom we had all loved, they dared greatly. They did lose that battle. As one of them said---Tom Clarke or Padraig Pearse---`we have lost this battle, but we have saved the nation's soul'[applause]. And in two short years from that the nation's soul expressed itself, once and for all, in the form of the Irish Republican Government which they had proclaimed. You cannot get back from history like that. That Government is there; you cannot vote it away. The people can. Yes, but they will not. I believe in the people. I believe in their sincerity. You will get votes for that. I doubt though that you will get as many as you think, for the heart of the common people is true, as it has always been. The men with the stake in the country---we know the phrase so well---will vote for that, perhaps, but don't count on it too much. The men with the stake in the countryknow that the worst thing that can happen the country now is a split, and that split is inevitable if the people who stand on principle only declare that they cannot give in. You, who stand for expediency, you who stand for the fleshpots, for finance, for an army, you can give in. We cannot. One man or one army cannot stand up against mighty legions, but not all the armies of all the peoples in the world, or all the Empires in the world, can conquer the spirit of one true man. That one man will prevail, but with that one man many will stand. It is not one man or a hundred men, or one thousand men that will reject that Treaty as selling away their nation's rights. The men with the stake in the country know well that it was not love of us, love of justice, or an acknowledgment of her iniquity that brought England to the pass of asking for negotiations. The men with the stake in the country know that England made the negotiations because she dare not any longer face the opinion of the world. The men with the stake in the country know perfectly well that as long as we Republicans stand out and say this is not peace, and it will not make peace, there will be no peace, and the men with the stake in the country will know perfectly well that unity alone can defeat this awful breach now. The Minister for Local Government has spoken of unity, of all coming together. I appealed with all the force that I knew for unity a few nights ago. I am not going to make that appeal again. I have appealed in public to this Dáil. I have appealed in private to the individual members not to commit this fearful crime of disrupting our nation again. I say unity can only be had while we stand firmly on principle and on nothing else. There have been unfair remarks passed across this House; there have been political tactics used here which have made me ashamed of Members of this House. I thought that these tactics had passed with the bad old days of the Mollies and the O'Brienites. I am sorry to see them brought up again. An unfair use has been made of the President's name in this matter; an unfair use has been made of a so-called document No. 2. The President asked that that document might be kept out of this discussion for one reason, and for one reason only. Everyone of those who have thrown insinuations across the House knows the President's personal honour as well as I do, as well as the country does. There was a document suggested with the hope of getting unity, realising that unity of the Dáil would mean a united people. But it was said by every one of the Delegation, or rather by the principal speakers of the Delegation--- those who stand whole- heartedly for this child of theirs---that no amendment to this Treaty was possible, that it was the Treaty, and nothing but the Treaty, or war. It was said that the President was trying to draw a red herring across the track of the discussion, and the President took what, to my mind, was the only straight and honourable course. He withdrew the document entirely and let the Delegation have their way---no amendment, the Treaty on its merits or the rejection of it---which was an honourable action. It has been tried to be proved here to be a dishonourable one, but dishonour lies with those who suggest it. This document, you have been told, is a charter of freedom. It could only be a charter of freedom if you smash every clause of it, and on this point I find that the Delegation are far more divided than the Dáil at present. The Minister for Foreign Affairs, Mr. Arthur Griffith, advocates that Treaty whole-heartedly and honestly. It embodies what he stood for all his life. We thought that in the last two years he had given up that doctrine and stood for Republicanism, and I maintain here that if he had not done so he would not have been elected to sit for the Republic against his old constitutional doctrine. He has reverted to his original allegiance. That document contains all that the constitutional Sinn Feiner stood for up to 1916. The majority of the constitutional Sinn Feiners after the Easter Rising in 1916 became whole-hearted Republicans, and that document does not represent their present convictions. We thought that when Mr. Arthur Griffith took an oath to the Republic he meant it. He says `No' and others, I know, think with him. They state they took their oath to do the best for Ireland, but that is not the best for Ireland, and, in spite of their ablest speakers, not one of them has tried to prove it is. The only one that has spoken honestly in favour of that is Mr. Griffith himself.

MR. GRIFFITH:

I protest against such a statement, that the only one who has spoken honestly is one man. It is an implication of dishonesty against every other Member---

MISS MACSWINEY:

I will let the public decide.

MR. GRIFFITH:

It is for the Speaker to decide whether such an expression should be used.

MISS MACSWINEY:

If I have used a word which is unworthy of this Dáil I withdraw it, but Mr. Arthur Griffith---take it this way---is the only one of the Delegation who has supported that Treaty whole-heartedly. The Minister of Finance, Michael Collins---his name alone will make that thing acceptable to many people in this country, as he made it acceptable to many of the young men of this Dáil---`What is good enough for Michael Collins is good enough for me ' [applause]. If Mick Collins went to hell in the morning, would you follow him there? [Cries of `Yes' and `No']. Well, of course I frankly acknowledge I have absolutely no answer to the Deputies who declare that they would transfer their allegiance from God to the devil at Michael Collins' behest. But he, at all events, has been honest about this document, and he has said it is not the be-all and the end-all of his existence, but that it is a step towards the Republic. He believes that. I know he believes it. I know other young men who vote with him here believe it; I am not impugning their honesty; I am impugning two things: first, their intelligence, and secondly, their knowledge of history. How any Irishman can stand up and say that if you accept that thing from Mr. Lloyd George he is going to stick to it, and will tell you you are men of intelligence. Go and read the pages of the history of your country, and then you will go back to consider the Treaty sadder and wiser men. Mr. Barton has made a statement about this, and his attitude to it, which has moved our admiration, but the sentence in his statement which stands out is this: `The Irish Republic, to which I swore allegiance and which is my faith'. Mr. Gavan Duffy has agreed with Mr. Barton as to the signing of the Treaty and the duress under which it was signed. He has given weak support to it, but he has acknowledged it is a very pitiful instrument indeed, but that it is better than war. That is the most he can say for it. Mr. Duggan---well, I need not remind you what he said. He only spoke a few hours ago, and all that I can say is that his arguments were distinctly unconvincing. I have not heard from any of the spokesmen of those who stand for the Treaty one single argument which you could point out before the world as worthy of this country and what it has stood for for the last three years---not one. You might have had that long ago if you would have taken it. There are two points in this Treaty with which I would like to deal particularly---the oath and the Governor-General. The oath has been flippantly spoken of here---very flippantly spoken of indeed. It evidently does not bind the mind and conscience of those who are going to vote for the ratification of this Treaty. Some of them, I know, are excusing themselves in this way: `I will vote for the Treaty, but I will never take the oath'. That I call cowardice. Why do you bind your constituents as far as it is in your power to bind them, if you are not willing to stand by what you do. If you vote for that Treaty, then you have no excuse not to take the oath, and the only manly stand you have is to refuse to ratify or approve of that instrument. But many of those who are voting for it, vote for it meaning to evade every article in it, if they take the oath. They spent hours both in Private Session and in public Session discussing when is an oath not an oath. I am ashamed---I stand and say it here before the public representatives in the persons of the Press---of that doctrine, that a country like ours that has stood on a noble and spiritual ideal for the last three years should so degrade itself by the arguments that have been heard about the oath. You cannot at the same time be faithful and unfaithful. You say you take first and foremost an oath to the Constitution of the Irish Free State. Do you realise that it is an Irish Free State `as by law established', and that that law is to be made in England? You make up your Constitution, but the act of Parliament ratifying your Constitution has to be passed in London. It is made in Dublin, but it can be unmade in London, every line of it that interferes with the King's authority. Do not fool yourself if you are going to walk into this thing that you are going in with your heads up, as you say. For God's sake, and for Ireland's sake, don't fool yourself beforehand. If you draw up a Constitution which will ignore the King, the English Parliament, which has to ratify your Constitution, will carefully put a clause safeguarding themselves. Do not be fools, anyhow. The one thing that was quoted about the President yesterday was this: `We may be beaten by England, but there is no excuse for us now being fooled by England'. There is no excuse for the Delegation trying to fool us or the people of Ireland, and fooled we would be, and they would be, if you take the Constitution of the Irish Free State `as by law established', and try to ram down our throats any such absurd nonsense as that you can leave the King out of the Constitution and fool the young people of this country into believing you. Be honest with them, you who are forcing their votes or coaxing their votes, or persuading their votes, be honest with them. They will not be able to ignore the King in the Irish Free State `as by law established'. We are all to be British citizens with a British passport, with the seal of the Foreign Office for anyone going out of the country. Deputy Hogan told us yesterday we are entitled to foreign ambassadors. If be has read the Treaty he must know that we are not entitled to foreign ambassadors. Perhaps he will say we are entitled to everything Canada has. Two years ago I think, Canada was told she was entitled to a foreign representative. Canada wanted it, particularly in Washington, because Canada and the United States lie side by side, and Canada's interests are not England's interests, and she got permission because she took it [hear, hear]. That is quite right. I am in perfect agreement with everything you have said about constitutional usage and the law and the fact, and that is why I resent those young men who have not thought deeply about these things, who have not gone into constitutional questions and have not, perhaps, read history as deeply as some of us, walking out of the room whenever an argument is being advanced against this so-called Treaty. The young soldiers who are voting for it blindly, when it was being explained what the Treaty was to be in law and in fact were in the corridor cliquing somewhere outside, but not doing their duty to their constituents. Constitutional usage in Canada is established by Canadian constitutional usage, and if you believe constitutional usage in the Irish Free State will be the same, what will Lloyd George say to you? He will say constitutional usage means the usage of your Constitution, not Canada's. You will be guided by law and fact, and fact alone brings you sixty miles from England, whereas Canada is 3,000 to 7,000 miles away. Again I ask of you for God's sake, and for Ireland's sake, don't fool yourself. If you vote wrong, vote wrong knowing that you will be voting wrong, and don't allow others to fool you either [hear, hear]. Canada got permission to have a foreign representative. Would Deputy Hogan tell me why she has not yet got that foreign representative?

DEPUTY HOGAN:

I don't know.

MISS MACSWINEY:

I will tell you, and I will tell you not from my intimate knowledge of Canadian law, not from my intimate knowledge of Canadian constitutional practice, not from any personal acquaintance of Lloyd George or Chamberlain or Churchill, but from my knowledge of English history, English practice, English fact and English trickery as applied to our own country. She has not got it for the very same reason that Washington did not yet recognise the Irish Republic, because of English intrigue at Washington. Don't make any mistake about it. What is the use of Canada being told in the Colonial Conference that she may have a foreign representative if she doesn't get one? `A bird in the hand is worth two in the bush' [applause]. But Canada's representation is still in the bush and likely to remain there.

A DEPUTY:

And so will document No. 2.

MISS MACSWINEY:

And Irish freedom will never be further away in that more intricate bush than the day you adopt that instrument. Again, take the representative of the Crown in Ireland. We were told the representative of the Crown would not, by the gracious kindness of Lloyd George, be called a Governor-General unless we liked the name. What does it matter what he is called, or whether you have a Viceroy, a Governor-General, or a representative of the Crown pure and simple? What on earth does it matter what he is called as long as he is head of a thing to which we cannot agree? What will that representative of the Crown mean? It has been said and contradicted that it will mean his Majesty's Army, his Majesty's Ministers. It may be that the Irish people will avoid the name `his Majesty's Ministers' in exactly the same way as they will avoid the name `Governor-General', but they will be the thing And you young men of the Irish Republican Army, where are you to be? What will you do with the Republic? What will you do with the I.R.A. that you are so proud of? With the I.R.A. whose reputation has gone abroad through the world? There will be an end of your I.R.A. in this Treaty. How do you think the people will take that? Whatever you call his Majesty's Army, every officer that gets a commission in that Army will have the official seal of his Majesty's representative on his commission. Every stamp will be a Free State stamp if you like, but the ensign of the Governor-General or the representative of the Crown will be there as well. You will get that out of your Constitution if you can I have no doubt, but again `wait and see'---`wait and see'. Leaving official documents out of the question, let us come to the social side, the social structure we were told we would have power to build up. Some of you will realise what a hard and terrible fight it has been for our people to destroy the evils of shoneenism in this country. Here under this instrument you will have shoneenism rampant. All the worst elements of our country will gather around that Governor-General's residence.

A DEPUTY:

He is welcome to them.

MISS MACSWINEY:

I love my people, every single one of them; I love the country, and I have faith in the people, but I am under no delusions about any of us. We are not a race of archangels, and you allow that Governor-General's residence, with drawing-rooms, levees, and honours and invitations to be scattered broadcast to your wives and your sisters and your daughters, and mothers even, with all the baits that will be held out to them to come in for the first time by consent of the Irish people in the social atmosphere of the Governor-General's residence. Remember that there will be functions there which will be partly social and partly political, which will be Governmental functions. The Ministers of the Government of the Irish Free State---I will omit for the sake of argument the offensive words `his Majesty's Ministers'---will be obliged to attend the Governor-General's functions and he will attend theirs. Wherever the Governor-General is, or the representative of the Crown in Ireland is, there you will have the Union Jack and `God Save the King' and you will have the Union Jack and `God Save the King' for the first time with the consent of the people of Ireland. You may say to me, some of you, that there will be, perhaps, a self-denying ordinance clause which will prevent the Ministers of the Irish Government, or any person belonging to the Irish Government, entering the portals of the Governor-General's house. You cannot. You will have to have him there as representative of the King with certain functions to perform. You cannot exclude him. You cannot stay away from him. You will have to get his signature to documents. You will have to get his signature to every law that is passed by the Irish Free State Government, and if the Minister for Foreign Affairs stands up and contradicts that, if he says we can make a Constitution which will take care that the Governor-General does not have to sign any such document, again I say, `wait and see', wait until your Constitution has come through Westminster, wait till the English Government, by means of this instrument of theirs, signed by the Irish Delegation---they have demoralised the people of this country as they had already demoralised some of the men in this assembly by their specious arguments. Your Constitution must be `as by law established'. Wait and see whether it will get you out of the English representative's domicile in Dublin. You may tell me that the patronage---abominable word---think of the word patronage being used to an Irish Republican Assembly---`his Majesty's patronage' will be under the control of the Irish Government. I have no doubt, none whatever, but that any Minister of the Irish Free State, any one of those advocating support of this Treaty in the present Dáil, would refuse a title from his Majesty's Government, but wait a little while until the first fervour of the Irish Free State is worn out, wait a little while until a stage is reached when the demoralisation has eaten into the soul of the people of this country, and the next Parliament won't be so very self-denying with regard to honours and patronage. And remember what you are doing to the young girls growing up into this so-called Irish Free State. Many young girls of my own personal acquaintance, not very many, because very many of that type, I am sorry to say, have not been on our side; but some few, at all events, who had what we know as an entre into vice-regal circles have been cut off from many social functions that their age entitled them to, that their position entitled them to, because they could not consistently with Republican principles go to a dance at the vice- regal lodge, or go to a dance in any place where the English military influence was uppermost. But in the Irish Free State these brave young girls who stood up against temptation can walk in unchecked. Under the Constitution of the Irish Free State you have no right to call any girl a shoneen because she walks into a dance at the vice-regal lodge. You men may sneer, some of you, at these points. Believe me they are no matters to sneer about. Those of you who are thinking men, and who are out to do the best for Ireland, know perfectly well what a hard fight we have had against that sort of thing. This you say will be sentiment, but for the first time in the history of this country you have Irish sentiment and Irish demoralisation and Irish Government all on the one side. Do you realise what that means? The papers have told us that a royal residence in the Irish Free State will be an admirable thing in Ireland; it will conduce to loyalty among the people of Ireland. It may and it may not, but if it does not it will not be the fault of the Irish Free State `by law established', if it gets established, but it will he because we Republicans will keep up the very same plan of black flags and boycotts that we kept up until they place us where we are to-day, or rather not where we are to-day, but where we were on the 4th of December last. And, mind, when we put up black flags in the streets of Dublin, either for the Governor-General or the representative of the Crown or Viceroy, or whatever you like to call him, or the King himself, his Majesty's representative will send word to the Prime Minister of the Irish Free state and make a complaint and get us arrested. And who is going to arrest us? I have already told Michael Collins that I will be the first rebel he will have to arrest. And mind, we Republicans are going to carry on this fight with the gloves off, if this thing is passed. The Minister for Local Government said---and he hoped he was going to get a majority in this matter---that he hoped the minority was going to abide by the will of the Irish people. If I am in a minority, I am one of those who will advocate that this matter shall be put to the Irish people, and it is not those who stand with me on this that dread the judgment of the Irish people. Make no mistake about it. Last Thursday morning the Irish people would have taken that, but not after the debate that has gone on in this House. The Irish people would have taken that on the cry, `What is good enough for Michael Collins is good enough for me'. Last Thursday morning I thought, like the country thought, that this document, which we consider a dishonour to our country and to our cause, was backed by a united Cabinet, and on last Thursday, too, some of us irreconcilables asked ourselves what choice had we, a handful, against the name of de Valera, but not one of us said, `What is good enough for de Valera is good enough for us'. Not one of us said, `What is good enough for Michael Collins is good enough for us', and there has been no belauding of personalities on our side of the House. We stand on principle, and if the President and a united Cabinet stood for that instrument, we should still stand against it [applause]. Personally I must say that I was grieved to the heart when I thought a united Cabinet stood on that. I want to allude to that, but before passing to it I want to say one word more about that oath. It is no use for you to look at your watches. Go out if you like, but this is probably the last time that I shall ever speak before you in public, in an assembly like this; certainly and most emphatically the last time until the Irish Republican Government comes back again with the full consent of the people, and I care not, and apologise not, if I take more of your time than you are willing to give. Those who want to hear the Treaty will stay and listen: those who are afraid of the Treaty can go out. One thing more I want to say about that oath. I have said that I am ashamed of the arguments that have been brought about it. I am ashamed of the efforts that are being made on the other side of this assembly to show the people of this Dáil how they can drive, not one coach-and-four through it, but a coach-and-four through every line of it. That, I maintain, is not consistent with the honour of our people; it is not consistent with the attitude we have adopted towards the world and on which we have got the sympathy of the world. What use, you will tell me, is sympathy? It is this use, that it is the sympathy of the world and the judgment and conscience of the world that brought England to her knees in these negotiations. She has the military. I know that, but she cannot win this battle, for if she exterminates the men, the women will take their places, and, if she exterminates the women, the children are rising fast; and if she exterminates the men, women and children of this generation, the blades of grass, dyed with their blood, will rise, like the dragon's teeth of old, into armed men and the fight will begin in the next generation. But I am concerned for the honour of my country before the world, and I tell the world that it is not the true voice of Ireland that has spoken so flippantly about oaths and their breaking. It is not the true voice of the people of Ireland that has spoken to you. Have no doubt about it whatever. This fight of ours has been essentially a spiritual fight; it has been a fight of right against wrong, a fight of a small people struggling for a spiritual ideal against a mighty rapacious and material Empire, and, as the things of the spirit have always prevailed, they prevail now. Up to last December we had won the admiration of the world for our honour, and I tell the world that the honour of Ireland is still unsullied, and that Ireland will show it, and will show that Ireland means fidelity to the Republic and not the driving of a coach-and-four through the oath which she will never consent to allow her Ministers to take. This is a spiritual fight of ours, but though we are idealists standing for a spiritual principle, we are practical idealists, and it is your idealist that is the real practical man, not your opportunist; and watch the opportunists in every generation and you will see nothing but broken hopes behind them. It is those who stand for the spiritual and the ideal that stand true and unflinching, and it is those who will win---not those who can inflict most but those who can endure most will conquer. The war of 1914 has left the world in a very different position from what the world was in before. It was thrown yesterday at Mr. Childers that he wrote a book in 1911 showing that he did not believe in the Irish Republic. I stand here, and nobody will tell me that I am not an Irish Republican, but I can truthfully say, and I challenge any Member in this assembly to say otherwise, that in 1911 I did not believe that I would see an Irish Republic established in my generation. The war brought many changes; the war brought forth idealists and the self-determination of small nationalities. Their right to express their freedom in their own way was bandied about from one Government to another, and every Government in the world has been false to it but our own. Still, all the peoples of the world have not been false to it. The peoples of the world, including a growing number of the people of England, are true to that ideal; they want peace, and they know that peace can never be established except on the basis of truth and justice to all alike. Therefore our fight to-day has a chance of victory. You have told us it is between the acceptance of that document and war. If it were, with every sense of deep responsibility, I say then let us take war. I am not speaking as a young, ardent enthusiast. I am speaking as a woman who has thought and studied much, who realises, as only a woman can, the evils of war and the sufferings of war. Deputy Milroy yesterday in a speech to which I shall not allude, for it made me ashamed to think the public was listening to it, acknowledged that the women are the greatest sufferers of the war. I would ask him, if it were a democratic proposition, to let the women of Ireland judge this, and I have no doubt what the issue would be.

MR. MILROY:

I will answer that question if the Deputy wishes an answer to it.

MISS MACSWINEY:

Yes, I don't mind, if the Speaker thinks it is in order.

MR. MILROY:

I take it the question is: `Am I prepared to let the women of Ireland judge whether this Treaty should be ratified or not?' Yes, and accept their decision too.

MISS MACSWINEY:

I am glad, but as I prefaced my statement by the words `if it were a democratic proposition', I suppose that the answer, as well as the question, will be considered rhetorical.

MR. MILROY:

You are not prepared to take the decision?

MISS MACSWINEY:

I am prepared. I would take a plebiscite of the women of Ireland gladly, and I know what the answer would be.

MR. GRIFFITH:

So would we.

MISS MACSWINEY:

This matter has been put to us as the Treaty or war. I say now if it were war, I would take it gladly and gleefully, not flippantly, but gladly, because I realise that there are evils worse than war, and no physical victory can compensate for a spiritual surrender. But I deny that the alternative is war, as I deny that the alternative would have been war on the night of the 5th of last December. I will come to that presently, but this I say: You show the people of England that we are prepared to make peace with them on honourable terms, giving them even guarantees that they are not in justice entitled to, giving them even the money to which they are not in justice entitled in exactly the same spirit that I would give a robber a reward for giving me back my purse and part of its contents---show the people of England that we want peace, if we can get an honourable peace, and I have no doubt they will not vote £250,000,000, which Lloyd George says is the price of exterminating Ireland. I don't deny that there is a danger that England will go to war. I do deny that there is a danger that she will be allowed to exterminate the people of Ireland, for the conscience of the world is awake, and I would like to quote one sentence to you from a man whose name I am not going to mention: ` The rulers of the World dare not look on indifferent while new tortures are being prepared for our people, or they will see the pillars of their own Government shaken and the world involved in unimaginable anarchy'. That is the answer to the threat. The rulers of the world dare not allow Ireland to be exterminated. If they do, Ireland must choose extermination before dishonour, and Ireland will choose. I have no dread whatever of the verdict of the Irish people. I come to one more thing. That is the insult to the people of Ireland by the Deputies who have taken it for granted that the Irish people are going to jump at their own dishonour. With a definite Republican Manifesto in your pockets, How dare you say your constituents have changed until you have gone and asked them? I come now to a very important point---for me one of the most important points that has to be dealt with here. I raised it in the Private Session, and, judging by the speeches I have heard in the public Session, I may as well have talked to the wall: that is the negotiations themselves. I am sorry that Mr. Michael Collins, Minister for Finance, and Dr. MacCartan have chosen to abstain at this particular moment, because I must use their names, and I dislike using any man's name in his absence. Negotiations, we are told, meant surrender. As one of those who has taken throughout this whole conflict, throughout the whole of our stand since 1919, and much further back, an absolutely uncompromising and irreconcilable stand, if you like to so call it, I deny that absolutely. People here present who want to compromise have told me that if I did not see that compromise was intended I must have been either a fool or wilfully blind. I do not think I am a fool. I know I was not wilfully blind, and, being utterly and entirely uncompromising in my fidelity and allegiance to the Republic, I stand here before Ireland to-day to tell the truth about these negotiations as a Member of the Dáil that sent the Delegation. The public know perfectly well how Mr. Arthur Griffith, the Minister for Foreign Affairs, has told us again and again in years past of the paper wall which England built around Ireland. On the outside of that paper wall England wrote what she wanted the rest of the world to believe about Ireland, and on the inside of the paper wall she wrote what she wanted Ireland to believe about the world. It is largely due to the strong and determined and honourable efforts of Mr. Griffith himself that the people of Ireland did not believe the fairy-tales written on the inside; but the world outside did, and only this great fight of ours and all the publicity which attended every single thing about it, and the publicity that went abroad throughout the world---because of certain incidents in that fight, the world began to see something of the truth for which Ireland stood. But the world did not see it all and English propaganda was powerful still. Enough was seen to get the conscience of the world up against England, and then England tried to tell the world these people are only a handful, a murder gang, a handful of extremists, Sinn Fein is split in two, the moderate party wants this, the extremist party wants something else, and so the world was still questioning. Lloyd George sent out negotiators in different forms, clerical and lay, since, I believe, last December. I was not here then. I think they began with Archbishop Clune, but I am not sure, because I was in America and I did not know what was going on very clearly, being dependent on the pro-English American Press. Time after time negotiators came---Lord Derby came as Mr. Edwards---another and another came---and they all tried to trap our President or the members of the Cabinet into declaring that Ireland would take something less than the Republic. And I say here and now that the members of the Cabinet, one and all, have to be judged on their public declarations and not on the private meetings of the Cabinet. If between themselves they bandied words and tried to find agreement by common consent that is their affair, and they were perfectly justified in doing so. I ask any sane man here does he believe that Lloyd George, Churchill, Chamberlain, Worthington Evans, Hamar Greenwood, Gordon Hewatt, and I don't know how many more of them---do you honestly and truthfully believe that these men sit down in Cabinet and come to unanimous decisions without good, long, straight arguments first? What the English Cabinet is to be judged by is the public expression of the Cabinet in the person of one of its Ministers. I defy any single man here or anywhere throughout Ireland to take any Cabinet statement, any Ministerial statement of the Republican Government from January 21st, 1919, to December 6th, 1921, until that document was issued, which was subversive of the Republican doctrine that the country stood for. Now, let us have no nonsense about this, let us have no unworthy insinuations thrown across the floor of this assembly. Take these public men, every one of them, and judge them by their public statements up to the 4th of last December, and I maintain that the first public statement issued by any Cabinet Minister which was subversive of the Republican doctrine was that so-called Treaty signed on the morning of 6th December. I don't care if the Cabinet were fighting like cats among themselves. What I do care is what they said to us, and what they said to the world. That is what matters; that is what will go down to history, make no mistake about it. Lloyd George and Lord Birkenhead as cooing doves outside must have had many and many a scrap inside the Cabinet before they came out with a united consent to that document. What was the use of entering negotiations? The use of entering negotiations, I say here as an ardent and uncompromising Republican, was to show the world that we were a reasonable people, as well as a people clamouring for right; that we realised that our propinquity to England was the source of many justifiable fears on England's part. England knew, and the world knew, that no nation in the world has reason to hate another as we have to hate England, and she had good reason to fear that hate. We wanted to show her in these negotiations that we were willing to forgive, aye and forget. We were willing, and I say it here, even I, and all those women who have suffered from English tyranny say it too, we were willing to forgive and forget. I maintain that the attitude of Ireland, the magnanimity of Ireland, the generosity of Ireland in that act of willingness to forgive and forget would have won us the last ounce of sympathy of the world, away from England. That was the value of the negotiations, to show the world, as we could have shown them, what we were willing to do, as I hope we will show them yet; to show the English people what their Government was going to war for for they were going to war, too---and going to drag the English people and the English taxpayer and the English workman and labourer into war, on what? On a desire to subjugate an old, a free people, to their own individual freedom. That was the value of the negotiations. Now I am going to deal with the charge that the Delegation were turned down by the Cabinet and by the Dáil. Again I must say I am sorry that I had not a united opposition to listen to me. The public is listening, and if the Press can even bring itself to be fair about this matter, it will be well for the public. The Press is not yet fair in spite of our protests; the American Press represented here is not fair in America, and I have had a cable this morning from America protesting against even the Hearst papers as being utterly unfair. I will say to the Irish people without the Press, if I cannot say it through the Press, the truth about these negotiations. It came to be decided that we were to send a delegation to Lloyd George. We sent it. That delegation claims that they went as plenipotentiaries, that they went without terms of reference, that they went with full power to sign any document which they thought would be acceptable and to bring it back. Let me go back to the day the delegation was appointed. On the 14th of last September there was a meeting of An Dáil. Much talk had been going around that there was compromise coming. From the 21st August to 14th September I kept my eyes and my ears open to see if compromise was intended. I spoke to the President and I gave him my opinion. I spoke to various Members and I gave and elicited opinions. On the 11th September, I think it was, or on the Sunday before the Minister of Finance spoke in Armagh. On the Monday morning I read his speech, and on the Monday evening, in writing to a friend and colleague of his, I wrote this sentence: `I do not care for your friend Mick's speech, for the Republic is not mentioned in it from beginning to end'. That friend of his must have shown him that letter, because on the following Wednesday, September 14th, when the Dáil met---it is not my fault that I say this without Michael Collins' presence, it is his fault---Michael Collins passed me in the Oak Room of the Mansion House, and in response to my `Dia's Muire dhuit', be said: `I hear you think I am a compromiser. Well, I am not, then; and I tell you that'. I declare here solemnly that I was glad his name was on the Delegation, and from that day,September 14th, in spite of his speech in Armagh, in spite of anything I heard to the contrary, when Michael Collins said to me, `I hear you think I am a compromiser. Well, I am not, then; and I tell you that'. I never doubted Michael Collins until I saw his signature to that document, nor did I think it necessary to write to London to him to ask him to stand firm. On that 14th September I felt bound to rise in my place and say that there had been a good deal of talk of compromise, and that I wanted to announce my position. I knew there were compromisers in the Dáil, and I called on those who believed in compromise to stand up then and there, or for ever more hold their peace. Not one stood up. Deputy Hogan in a superior voice the other day---

DEPUTY HOGAN:

On a point of order, I don't want to allow Miss MacSwiney to proceed under a misunderstanding. I did stand up; I did not mention this before. I stood up and said I approved of the conference and reserved my right to say what I had to say until the delegates came back.

MISS MACSWINEY:

I am glad that Deputy Hogan agrees with me. That was my attitude. I approved of the conference with all my heart and mind and strength because I believed it was the last plank of English propaganda and that we had broken it. Now to come back from that. One Member, who has since, like Deputy Hogan, supported ratification of this document, declared that even if he had nothing left but the island of Arran, he would dig himself in and hold it for the Republic. In view of the still undoubted strength of the British Fleet, I would say the island of Arran was the worst spot to choose. The last speaker who stood up was Mr. Kevin O'Higgins, and he also, in a slightly superior voice, which he has maintained throughout this debate, suggested to me, and those who spoke also, that the discussion was a little too previous, that we had all sworn an oath to the Republic, and that when the Delegation came back from London with something less than the Republic it would be time enough to talk. He has talked since, not effectively, for there has not been an effective argument made on what I call, without fear of opposition, the material side of this House. He has talked flippantly of posterity, and I do not like to see a young man of Deputy O'Higgins, intelligence and his youth talk flippantly of posterity. Rather would I like to hear him stand and say, as was said about Tone on another fight of liberty: `Bliss was it not with Tone to be alive, but to be young was very heaven'. I consider it was bliss to be alive up to the 6th of this month. I do not yet agree with Dr. MacCartan that the Republic is dead. It cannot die. But I should like to be as young as Deputy O'Higgins is now, to carry on the fight for posterity. It is sad to find young men in this assembly speaking against all that is noble, all that is great, all that is magnanimous in the people of our nation; speaking against the one and only stand for principle that has won for our people the admiration of the world. No compromiser spoke or said that he was a compromiser on last September 14th. Then the Delegation went over, and let me tell you another thing about that Delegation and its value to us. Do you realise what it means to the world for us that a man called the head of a murder gang should sit at the same table with Lloyd George as a representative of the Irish people? If he had not signed his name to that document, the mere fact that he sat there---the so-called chief of the murder gang---was inestimably effective for us. Do you think it was no victory for us that the English Government were obliged to allow Sean MacKeon and others to walk out of jail, even though some of them were under sentence of death, to sit in this assembly? You cannot get over the immense value to Ireland in the eyes of the world of these two facts, plain, bold facts---and I am dealing with nothing else---that those men were allowed out of prison. Commandant Sean MacKeon seconded that abominable document, I am sorry to say. I know that he would fight to the death for the Republic of Ireland still, but he does not realise what he is giving away. I am glad that he is here alive to-day to fight for the Republic again, but if he were my brother, I would rather he were with Kevin Barry. The Delegation went to London, and their going to London was magnificent propaganda for us. The Minister of Publicity went with them. He also is absent. Would any member of the Cabinet, or any Member of this Dáil, tell me what took the Minister of Publicity to London? What was he doing there? Nothing. He deserves the reprimand of the Cabinet and the Dáil for allowing every single thing we gained in propaganda to be given away by the English Press. From the day he went to London be never counteracted by any word that we could see the efforts of the English Press to misrepresent us. He had a duty to the Republican Members of this assembly whatever his own views were. Non-publication was promised on both sides, but the very first morning after the first conference the English Press had information---inside information---and our Delegates protested, and it stopped in a few days. But when the English Press began again, and when suggestions were made that the Delegation had given up the Republic for Dominion Home Rule, I maintain that the Delegation and the Minister of Publicity were grossly wanting in their duty to An Dáil not to put a stop to it. Lloyd George may have said to them as Mr. Griffith said to me: `We cannot help the Press'. I maintain it was their business to help the Press. What in the name of heavens had we a Minister of Publicity in London for? Much will be made of the fact that they kept their promise of secrecy and that the English did not. My answer to that is this, they should have gone to Lloyd George and they should have said to him: `Now look here, no ráimeis, if you please'. They might have shaken the Daily Express in his face and said: `It is no use for you, sir, to tell us that you are not responsible for the Press. You have as much power to stop the Press now as you had to stop it during the war, and if you allow that propaganda against us to go on, we break our promise here and now and we will put out propaganda'. If our Minister of Publicity and our Delegates know what they were about, and were in earnest about it, they should have done that. I maintain there was gross negligence, as far as the Press was concerned, in this matter. I wrote to Mr. Arthur Griffith late in the negotiations, and I tell you honestly now the reason I did not write and pester him with letters, as I pestered the poor President, was that I trusted them all too much. I did write one letter to him, and only one letter. I pointed out the iniquity of the things that they were allowing the English papers to say with impunity. I pointed out to him that the Daily Express in particular gave what is tantamount to the very things that are given in that document: the oath of allegiance, the partition of Ulster, and the control of our purse, and I said to him: `It is not fair to us that that should go on, and you know that if by any chance you came back with such a compromise, the only result would be a split in the country'. He knew then, as he knows now, that those of us who stand for principle cannot yield to expediency; that we, at least, will not sell our national rights for a mess of imperial pottage. And my conscience is perfectly clear about these negotiations. They were valuable, valuable beyond all computation up to the 4th of December. Mr. Griffith wrote back to me that they should have the entire confidence of the people if they were to be successful, and that he was quite confident that he would not bring back anything which the Irish people would not accept.

MR. GRIFFITH:

Hear, hear.

MISS MACSWINEY:

Mr. Griffith has brought back something that he thinks the Irish people will accept. They will not, and, if a majority of them do, Mr. Griffith will find what I warned him of is true: a split in the country with half, or nearly half, of the country rebels to his Government. Mr. Gri