I wish to ask the leave of the Seanad to mention a matter of urgent public importance, which I think I am entitled to do under the Standing Orders. Senator Jameson has requested me to make a brief statement on behalf of the two of us. We have received permission from the President to read to the Seanad a report which Senator Jameson and I signed yesterday and handed to the President with reference to the question of peace. We do not propose to make any statement other than what will be found in the report, which, with the leave of the Seanad, I desire to read. The report is signed by Senator Jameson and by myself, and is addressed to the President. I take it that I have permission to read it.
PROPOSALS FOR PEACE.
AN CATHAOIRLEACH
The Seanad gives you leave to do so.
On Monday, April 30th, we both received letters marked "Confidential" from Mr. de Valera requesting us to meet him with a view to discussing practical steps for the conclusion of an immediate peace.
We replied that if we met we could not discuss peace conditions, but could act as intermediaries only, and he replied that this was his intention.
We saw Mr. de Valera on the evening of May 1st, and he requested us to endeavour to arrange a conference between members of the Government of the Free State and himself either alone or accompanied by other leaders associated with him with a view to the discussion of peace conditions based on his proclamation published on Saturday, April 28th.
We reported our interview to Mr. Cosgrave on Wednesday, May 2nd, and conveyed to him Mr. de Valera's request, and he undertook to lay the matter before the Executive Council.
On Thursday Mr. Jameson saw Mr. Cosgrave, accompanied by two other Ministers, and they authorised us to again see Mr. de Valera and inform him that it was not considered advisable by them that personal negotiations should take place. They also requested us to inform him that the Free State Government would not undertake for the purposes of this arrangement to negotiate with the British Government in regard to the oath now included in the Free State Constitution.
The following document was given to Mr. Jameson to be shown to Mr. de Valera, the fundamental conditions of which would have to be included in any agreement which might be arranged.
DOCUMENT.
All political action within the country should be based on a recognition by every party in the State of the following principles of order:—
(a) That all political issues whether now existing or in the future arising shall be decided by the majority vote of the elected representatives of the people:
(b) As a corollary to (a) that 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.
The acceptance of these principles and practical compliance with (b) by the surrender of arms to be the preliminary condition for the release of prisoners, who shall be required to subscribe individually to (a) and (b).
Signed in acceptance of the foregoing principles this.................day of May, 1923.
..................................
Witness.........................................
We were further authorised to inform Mr. de Valera that:
(1) Military action against him and his followers would cease when the arms held by them were delivered into the effectual custody of the Free State Executive authorities. The arrangements for the delivery of the arms and the place of their deposit would be made with as much consideration as possible for the feelings of those concerned.
(2) Prisoners to be released on the satisfactory fulfilment of (1) and the signature of each prisoner before release to the conditions of the document above mentioned.
(3) The Free State Government would keep a clear field for Mr. de Valera and his followers to enable them to canvass for the votes of the people at the next election provided they undertook to adhere strictly to constitutional action.
We were requested to ask Mr. de Valera to give the names of the leaders on whose behalf he could speak and to state his opinion as to what proportion of the rank and file of the present armed opposition would agree to be bound by his decision, and also as to what amount of acceptance the proposals when approved by him would receive from the prisoners.
We saw Mr. de Valera on the evening of Thursday, May 3rd, and informed him of the Government proposals. He agreed to carefully consider the proposals and to report to us in a few days. We afterwards received a message from Mr. de Valera that there were some points on which he was not clear and which he would like further to discuss, and accordingly it was arranged for Mr. Douglas to see him on Saturday evening, and he then promised to give us on Monday, May 7th, a written reply to be conveyed to the Government.
We both saw him again on Monday evening, May 7th, and he showed us a document which he suggested should form the basis of a document to be signed by Mr. Cosgrave and himself. This was discussed, and he undertook to send us a revised draft on the following morning. The draft as received by us is attached herewith (beneath).
He stated he believed he had included in the document all the essential points in the Free State Government's conditions, and that he considered paragraphs 1 and 2 in this document to be essential to a statement of principles of Government.
In paragraph 3a he had considered it necessary to add to the Government's proposal the right of reference to the people.
With reference to the statement of the Government that they could not reopen the question of the Oath, Mr. de Valera stated he had nevertheless felt it right to include paragraph 4, because he believed even if they could not do so they should be asked to admit as a general principle that there should be no barrier to elected representatives who accepted the main principles taking their seats. He also stated that he felt it his duty to make it clear that full and satisfactory co-operation of all citizens for the good of Ireland could not be assured if any elected representatives were prevented from taking part in any future Parliament because of an Oath to which they could not honourably subscribe.
He stated it was his considered opinion that the condition as to the effective control of weapons could be best guaranteed by the proposal made by him in paragraph d.
He considered paragraphs b, c and f were reasonable suggestions for carrying out the Government's offer of guaranteeing a clear field for the election.
With regard to the condition of the Government that prisoners should individually sign acceptance of the principles proposed, Mr. de Valera stated that he did not consider this necessary. When he will sign he will do so on behalf of all Republican forces, including prisoners, and will assure himself before signing that prisoners when released will act in the spirit of the agreement.
Mr. de Valera stated that he spoke on behalf of the combined Republican Government and Army Council, who, with the exception of one member not available at the moment, were aware of the proposals made except in so far as they had been altered in conversation with us, and he stated that before signing he would take steps to assure himself that they would act in the spirit of the agreement. He also requested us to state that he considered it important that on the conclusion of peace, civil servants and others formerly in the public service should as far as possible be reinstated if they so desired, and that no previous action in support of the Republican cause should be a bar to employment.
(Signed) ANDREW JAMESON.
JAMES DOUGLAS.
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 for 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 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.), paragraph (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.
.............................
.............................
We handed this report to the Government, and, in reply, Mr. Jameson received the following letter, signed by the President:—
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 Paragraph 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.
We then wrote the following letter 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
Eamonn de Valera, Esq.
At one o'clock to-day we received the following letter:—
Baile Atha Cliath,
9th May, 1923.
Messrs. Douglas and Jameson.
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.
Faithfully yours,
(Signed) EAMON DE VALERA.
I have not anything to add.
AN CATHAOIRLEACH
We shall now resume consideration of the Standing Orders.
Do I understand there is to be no discussion on this matter?
SEVERAL SENATORS
No.
I would imagine that the representatives of the people would get an opportunity to discuss it.
AN CATHAOIRLEACH
It may be open to you to obtain that, but I do not think it would be the wish of the Seanad, or desirable, that to-day we should discuss it or have any controversy about it
I am not pressing it at the moment. I simply want to know will an opportunity be given to the Seanad for discussing this?
AN CATHAOIRLEACH
You will have to see whether you can obtain that for yourself.
I do not want any privilege or favour for myself, but I think this is a matter of public importance——
AN CATHAOIRLEACH
You misunderstand me. I did not suggest anything in the shape of any favour for yourself at all.
You did make the suggestion.
AN CATHAOIRLEACH
I suggested that a Senator who thinks he would like to have this question raised and debated in the Seanad must determine for himself whether he can do so in any proper manner, and that is applicable not only to you but to every Senator.