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Dáil Éireann debate -
Wednesday, 9 May 1923

Vol. 3 No. 11

PROPOSED TERMS OF SETTLEMENT—DRAFT, 7th MAY, 1923.

We are agreed:—
1. That the sovereign rights of this nation are indefeasible and inalienable.
2. That all legitimate governmental authority in Ireland, legislative, executive, and judicial, is derived exclusively from the people of Ireland.
3. (a) That, as a practical rule of order and democratic government, political issues shall be decided by the majority vote of the duly elected representatives of the people, subject always to the right of referendum and appeal directly to the people, and to an understanding that 1 and 2 are fundamental.
(b) That, as a corollary, the people are entitled to have all lethal weapons within the country in the effective custody or control of the Executive Government responsible to the people through their representatives.
4. That no citizen who subscribes to the foregoing can be justly excluded by any political oath, test, or other device from his or her share in determining national policy, or from the councils and parliament of the nation.
5. That freedom to express political or economic opinions, or to advocate political or economic programmes, freedom to assemble in public meeting, and freedom of the Press, are rights that must be guaranteed.
In order to give practical effect to the foregoing—in the present circumstances, and as a condition of the immediate restoration of peace:—
We are agreed further:—
a. That a general election shall be held not later than September 15th, of this year.
b. That a further opportunity shall be afforded as soon as possible, for the hearing of any claims and objections to the Register now being revised, and that a Commission, representative of all parties, shall be appointed to guarantee fair play in all election arrangements.
c. That all censorship of the mails, and and of the Press shall be abolished, that the Press shall be requested by the undersigned, jointly, to guarantee a fair proportion of space for the advocacy of the Republican programme; and that adequate protection shall be guaranteed to Republican printers and newspapers.
d. That, pending the election, effective control of lethal weapons shall be secured by—
I. the strict supervision and control of all arms in the hands of the F.S. forces and their auxiliaries.
II. assigning to the Republican forces at least one suitable building in each province, to be used by them as barracks and arsenals, where Republican arms shall be stored, sealed up, and defended by a specially pledged Republican guard—these arms to be disposed of after the elections by re-issue to their present holders, or in such other manner as may secure the consent of the Government then elected.
e. That within twenty-one days from the date on which the general election is held the newly-elected representatives shall assemble and all powers and machinery of Government shall then be handed over without question to the Executive chosen by the majority of the assembly.
f. That the funds of the Republic, subscribed in the U.S. and elsewhere, and at present sealed up by Injunction, shall be made available immediately for peaceful efforts in support of the Republican cause, and that all property of the Republican party seized by F.S. forces shall be restored.
g. That in awarding compensation for losses sustained by individuals during the direct conflict with England, there shall be no discrimination against those who in the present conflict have been supporters of the Republic.
h. That immediately on the signing of this agreement peace and a general amnesty shall be proclaimed, and when it is announced on behalf of the Republican Authorities that (II.), para. (d) has been complied with, all political prisoners and prisoners of war shall be released, and further military or civil action shall not be taken or lie against any person who has supported the Republican cause in this conflict.
Signed in acceptance of the foregoing, this, the day of May, 1923.
On yesterday (Tuesday) the document was considered by the Executive Council, and the following letter thereon was sent to Senator Jameson:—
8th May, 1923.
DEAR MR. JAMESON,
The Government was hopeful from what you reported to us of the conversation Mr. Douglas and yourself had with Mr. de Valera, that even at this late hour he was minded to turn definitely aside from the paths of violence and destruction he has trodden for so many months, and along which he has led those who looked to him for guidance. The Government, anxious to facilitate the restoration of peace to the country, set down in writing in short and unambiguous terms, the fundamental preliminary conditions upon which peace must rest. You have brought back to us not an acceptance of these conditions, but a long and wordy document inviting debate where none is possible.
Paragraphs 1, 2 and 5 of this document are guaranteed by the Constitution, and, therefore, should have no place in peace conditions.
We have already informed you we could not consider para. 4.
Mr. de Valera well knows we are already preparing for an early election, and if he accepts the preliminary conditions, we have made it clear we would give every possible opportunity to all parties to obtain votes.
We have informed you that we must insist on effective control of all arms, but we would be prepared to invite the Bishops to act through local clergy as intermediaries for their collection.
Once we were satisfied arms had been handed over in good faith prisoners who admitted that the terms had been accepted on their behalf, and that they were bound by them would be released.
The Government has to say now that the conditions already specified are conditions from which the Government cannot and will not depart. Accordingly, no further communication with Mr. de Valera can be entertained, save only a communication indicating his definite acceptance of the terms stated in writing and handed to you for his signature.
Mise le meas,
LIAM T. MACCOSGAIR.
Senator Andrew Jameson,
Leinster House, Dublin.
The following letter was then sent by the two Senators to Mr. de Valera:—
Dublin, 8th May, 1923.
DEAR SIR—We enclose herewith a copy of a letter received this evening from Mr. Cosgrave which requires no comment from us. An Dáil meets to-morrow afternoon, and we assume the Government will then make a statement, and possibly read our report to them. It is, therefore, essential that any reply which you may wish to send through us should reach us to-morrow not later than 1 p.m., when our responsibility in this matter will come to an end.
(Signed) ANDREW JAMESON.
JAMES DOUGLAS.
To:
Eamon de Valera, Esq.
To-day (9th May), Senators Douglas and Jameson received the following reply from Mr. de Valera:—
DEAR SIRS—I have received your letter and Mr. Cosgrave's reply, which has disappointed me not a little. My offer generously embraced every principle of National value that I could conceive our opponents to be honestly fighting for. I have been met by rigid insistence on a condition in a form which is well-known by everyone conversant with the situation to be impracticable.
May I thank you both for your good offices, and express my appreciation of the impartial manner in which you reported our discussions.
Yours faithfully,
(Signed) EAMON DE VALERA.
I am having copies of these documents circulated amongst Deputies, and if the Dáil desires to discuss the matter I will be prepared to meet the convenience of Deputies by moving the adjournment at an hour earlier than is customary, if it is so desired.

I would suggest that the Minister should defer any such proposal to-day, so that we shall have time to think over these documents. I would suggest that to-morrow would be a more suitable day to discuss the matter.

I am quite agreeable to that.

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