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Dáil Éireann díospóireacht -
Thursday, 19 Nov 1925

Vol. 13 No. 7

THE BOUNDARY COMMISSION.

I beg to move:

That the Dáil approves of the representations made by the Executive Council to the Boundary Commission regarding the provisions of Article 12 of the Treaty as set out in the President's reply to Deputy Johnson on Wednesday, 11th November, 1925.

The motion standing in my name arises out of the answer given by the President to Deputy Johnson on the 11th of this month pointing out that representations had been made by the Executive Council as to their views of the meaning of Clause 12 of the Treaty between Great Britain and Ireland. I suppose I have no right to suggest what reason prompted Deputy Johnson to put the question, but I venture to assume that it was because of reports appearing in the Press uttering suggested solutions or a suggested line as to the result of the Boundary Commission findings. Evidently the same reports exercised the minds of the people in Tirconaill, judging by the amount of correspondence, resolutions, telegrams, etc., that have reached myself and other Deputies. These reports have caused what amounts to consternation in the minds of the people in the border counties. That may not be justified by the result, and perhaps it may seem premature to raise this question merely upon the appearance of predictions in the public Press, given without authority. But it seems to me that when you have had a volume of expressions of opinion, amounting to what I may almost call propaganda, by the other parties to this problem, it is time to raise it in the Dáil and to get an expression of opinion, a clear expression of opinion, from the Dáil as to what its view of the meaning of Clause 12 of the Treaty is. As a matter of fact, I have come to the conclusion that it is overdue; that the Dáil in general, and Tirconaill Deputies in particular, and not the Tirconaill Deputies alone but the Deputies from all the Border counties, have remained silent overlong on this matter, and that they have allowed a march to be stolen on them by the people of the Six Counties.

Taking human nature into consideration, it is quite probable that the amount of propaganda done against our view of the meaning of Clause 12 of the Treaty may have an effect upon those who are engaged in drawing the Boundary line. Consequently, I think the Dáil, without equivocation, should, as clearly as it can, express an endorsement of the views set out by President Cosgrave in his reply to Deputy Johnson. It is quite possible that the Government may not approve entirely of my bringing this motion before the Dáil. They are, perhaps, in a difficult position and they have a huge responsibility in this matter. They may not desire that any pre-discussion should be given to a question which is at present under consideration by another body. But I would say that no less than the Government and the Ministers, Deputies have responsibilities also to their constituents, responsibilities and duties not less important in degree, at all events, to their constituents, than have Ministers to the Dáil and to the country. For that reason I have found it necessary to bring forward this motion. I am moving it in response to practically a unanimous request from all over Tirconaill and Monaghan and various other parts of the northern end of the Saorstát. I am doing it in response to that request and probably it might be said that I am playing the game of the politician in order to meet the outcry in my constituency by moving in this matter. Well, I am doing it in pursuance of my duty as a Deputy and in response to requests amounting to demands that I have received from all over the North.

Statements have appeared in the Press recently, made by Sir James Craig, a responsible man in the Six Counties, giving definite assurances to meetings of various people there—the last was a meeting of the Orange Order —that they would be satisfied with the result of the Boundary Commission. Similar assurances have been given by practically every Minister in his Cabinet at various times at meetings throughout the Six Counties. We have not received any similar assurances from any side that our interests will be satisfied by the Report of the Boundary Commission. Ministers assure us that they are not in a position to do so, that their nominee on the Boundary Commission has kept strictly to his undertaking to keep inviolate the proceedings of the Boundary Commission. I have no fault to find with the carrying out of that pledge and undertaking provided that similar good faith is kept by other persons who are associated with that Commission. I accept the word of the Ministers in this matter, that they have no information to give the Dáil or the country as to what the probable findings of the Commission will be. President Cosgrave, in his reply has assured us that he has made representations, both oral and written, as to the view the Executive Council take on the rendering of Clause 12 of the Treaty. But in the absence of any assurances of a similar or comparable kind to those given in the Six Counties, there should be an expression of opinion from Dáil Eireann that it has not altered its view as to the attitude or point of view it takes of the rendering of Clause 12 of the Treaty. My motion is down here to-day in the hope that the Dáil, and every Deputy in the Dáil, will by its and their vote affirm again their view that Clause 12 of the Treaty was to change the Boundary in accordance with the wishes of the inhabitants of the border areas. It is a motion framed in words that make it possible for every Deputy of whatever complexion to support it by his vote. It is a motion that I venture to say no Deputy of Dáil Eireann, having taken the oath to the Constitution, dare vote against.

Consequently, I hope there will be unanimous support from every Deputy in this House for the point of view put forward by the Executive Council: that the wishes of the inhabitants are to be considered and that there is no power inherent in Clause 12 of the Treaty to give to anybody the right to take any part of the territory of the Saorstát from it. We have also the answer given in this House by the President, in which he stated that the Government were prepared to accept the findings of the Boundary Commission. Some people hold the view that that is binding the hands of this Government and this House. I do not hold that view at all, and I press the point of view which I am going to put before the House as the correct point of view and the correct attitude to take towards this matter, namely, that the acceptance of any decision of the Boundary Commission that is not in accordance with the wishes of the inhabitants, ascertained how it may be, is not a fulfilment of Clause 12 of the Treaty and is not a finding in accordance with the powers given to the Boundary Commission by Clause 12 of the Treaty and, consequently, that it absolves the Executive Council from any responsibility for its findings. Any finding of the Boundary Commission that is not in accordance with the wishes of the inhabitants is a grave breach of faith with our people in the Six Counties. It is a breach of faith inasmuch as Ireland was assured in general, and they were assured in particular by all those who supported the Treaty, that under Clause 12 the people along the Border who desired to come under the jurisdiction of this Government would be enabled by the operations of the Boundary Commission, to change their allegiance to this Government if they so desired.

I would remind the House that the Nationalists of Ulster made sacrifices no less great and no less continuous than the sacrifices that were made by every other part of Ireland to achieve the freedom that we now enjoy and to set up the Government under which this country now works. The Nationalists of Ulster took no small part in the movement, in the work, in the sufferings and in the sacrifices that brought about the Treaty with England and which gave us the free institutions we now enjoy in the Saorstát—free institutions which we in the Twenty-Six Counties enjoy, but which they do not enjoy, free institutions for us, but a disimprovement of the position for them, with an alteration of affairs that has left them worse than they were under the British regime. For these services, for these sacrifices and for this loyalty to Ireland, the people on the Border and in the Six-Counties in general are entitled to the consideration of this House. I would think that Ireland was not worthy of my loyalty if I thought that the people of the other Twenty-Six Counties, no matter how remote they may be from the Border problem in point of distance, felt no obligations towards their fellow-countrymen in the Six Counties—I would feel that Ireland was entitled to no loyalty from me if I thought that the rest of the country would sit down in selfish contentment under the measure of freedom that they had obtained and leave their fellow-countrymen in the Six Counties under a form of Government and under government institutions which they find irksome and tyrannical.

I hold it is a debt of honour which the people of the Saorstát, and particularly the Government of the Saorstát, owes to the people in the border counties. Ireland won the measure of freedom which we now have because the people stood together, sharing their sacrifices and sharing their efforts. An injury to one was an injury to all in that great movement, down even to the very groups of men in the prison camps at the time. All acted together, and there was no question as to what part of Ireland you came from, because they all stood for one cause and all were prepared to take their share in whatever the result might be. Consequently, when these people are left out of the operations of the free institutions that have come to the Saorstát it is our duty and our honour to see to it that as far as we can they are not cheated out of the full and beneficent effects of the Treaty as applied to other parts of Ireland. Therefore, I do not alone move this motion as a Deputy from Tirconaill. I move it as a duty of honour to that part of Ireland from which I come and to those people who worked with me and helped to bring about freedom for Ireland.

Born in Belfast myself I understand and appreciate the feelings of the people. I understand and appreciate the desire they have to come under the jurisdiction of this Government. I understand and appreciate the disabilities under which they labour under the partisan Government that exists in the Six Counties. Consequently, I feel that the duty incumbent on me is a duty of honour to get what support I can for the view held by the Executive Council that no part of the territory of Saorstát Eireann can be taken from it to be placed under the jurisdiction of another Government, and that, further, the wishes of the inhabitants in those areas near the border who desire to come under the jurisdiction of this Government shall not go unheeded.

On St. Stephen's Night, 1921, I was sent to Dublin from Belfast in company with the late Commandant Joe McKelvey to interview Mr. Griffith and General Collins as to what the position of the people there was under the Treaty, and to ascertain their views on the matter and give our point of view and our allegiance if we were satisfied. General Collins had no difficulty whatever in assuring Commandant McKelvery and myself that Clause 12 of the Treaty was a clause which would enable every part of the Six Counties near the borders of the Saorstát, and where the majority of the people desidred, to come under the jurisdiction of the Saorstát Government—he assured us that Clause 12 of the Treaty would offer means whereby they would be enabled to change their allegiance, or at least enable them to give their allegiance to this Government. When discussing the matter at full length, he explained to me in particular how this clause was arrived at, and why the subsidiary sentences were put in— those relating to economic and geographic considerations. That is the reason, and the only one, that induced our delegates to agree to the subsequent conditions.

It may be no harm to take a short survey of the whole story of partition, because many interests are endeavouring to make political capital out of the position that might arise in the event of a non-satisfactory report being issued by the Boundary Commission. Many resolutions have been sent to me by people condemning myself and other Deputies representing the Border counties for the results, or the supposed results, of the Commission's findings. I just want to set out here, so that the public should be reminded of it, that neither Deputies in this House nor the Government nor the signatories to the Treaty were responsible for partition. They did not make partition. They found partition made for them by England, and in England, and presented as a fait accompli to the delegates who were discussing the whole Anglo-Irish Treaty. Early when the first suggestion was made in favour of it to the House of Commons by Mr. Agar Robartes, no support could be found for it. But his suggestion germinated subsequently in the minds of British politicians when Home Rule was in the making as offering a way by which they could still keep control of Ireland. The matter was raised subsequently. I remember a meeting being held in the County Tyrone by Mr. F.E. Smith, now Lord Birkenhead, and Lord Carson. Mr. Smith made a tentative reference to the cutting off of the Ulster counties from the rest of Ireland, and the huge monster meeting he was addressing received that suggestion in complete and dead silence. Not one voice at the whole meeting was raised in support of it, and so cold and frigid was the reception it got that Sir Edward Carson, rising to his feet afterwards, in order to put heart into the crowd, said: “We do not consider north or south, east or west; we want only Ireland and we will not have Home Rule”; and in response to that statement the crowd rose in enthusiasm. That was the denunciation of partition. It came again from the Buckingham Palace Conference, but it was partly baptised in St. Mary's Hall, Belfast, and it then became a reality in the political problems of this country.

Six or seven months before the Treaty was signed the Parliament in Belfast was opened with ceremonial panoply by the King of England, and partition was then an accomplished fact. It is well to remember this, and I state it in reply to some of the many resolutions I have received from various bodies. We have Mr. de Valera making utterances at present, as appears from the Press, speaking of the Government of a Republic for all Ireland. This question was almost made concrete by a statement from Mr. de Valera that there would be no coercion for Ulster. Why I have never been able to understand. While all Ireland was to be coerced, crushed and battered in the most ruthless campaign ever raised against a white people, Mr de Valera publicly stated there could be no coercion for Ulster. I do not want coercion for Ulster. I never did, but why the leader of a people who were coerced in every act of their lives should absolve or remove from the possibilities and the necessities of the case some coercion to be applied to a minority standing out against the majority and against the will of the people of the rest of Ireland I never could understand.

Further, it may be interesting to note that the Dáil Cabinet, when considering the terms of the Treaty when it was being negotiated, did accept in principle partition, and no voice was raised against it there. Consequently, it is too late for those people to attack either the Deputies in this House or the Government for partition. It is too late for them to try to get back to safe ground and make their attacks upon us as if we were the responsible parties for it. We are not. Further, I may say that this difficulty would have been solved, in my personal opinion and to my personal knowledge, had not certain people in Ireland started raging like mad bulls and turned the country into a welter of strife and war. This is a question that far transcends in importance for Ireland any other question arising out of the Treaty, and this question would have been settled by agreement with the people of the Six Counties to come in under one Parliament for all Ireland. Throughout the whole of the negotiations that gave rise to partition everything in turn has been ceded to the people of the Six Counties. The first suggestion was that four counties only would be cut off from the rest of Ireland. Then again it was suggested that areas would be taken and plebiscites got, and that those areas that declared for separate Government for the North would go under, and those who declared for the Government of the rest of Ireland would come in under that Government. Correspondence was carried on between Mr. Lloyd George and Sir James Craig in which these points were discussed, but finally, when the matter was settled, the Ulster Unionist Council and their supporters in England had their way as usual and the Six Counties were cut out. Two of these counties had majorities in each opposed to their inclusion under the Six-County Government, and now under Clause 12 they want to push the matter even further.

They want further concessions given to them. They want further concessions of territory to increase in extent and to strengthen economically the area they are in possession of. I see by to-day's Press that they are asking, further, that compensation should be given to those of their people in territory taken off them and that they should be enabled to move back under the jurisdiction of the Six-County Government. I think it is time that these people recognised that they have equal rights with the other people of Ireland and no more. I think it is time they recognised that they are going to have equal rights and no more—that the vote of one Irishman is as good as that of another, and that the old and bad tradition descending to us from the British occupation of this country must pass away for ever. When one considers what the position of Nationalists under Sir James Craig's Government is, it is no wonder if consternation and alarm spreads over the border counties at the suggestion that any portion of their territory should be brought under that Government. In County Tyrone protests have been made by responsible men that such a division of the county has been made by the Government that it takes practically four Nationalist votes to equal one Unionist vote. Gerrymandering has been carried to a fine art there and our people are in such a position that they are not represented in the Six-County Parliament in anything approaching their numbers and importance. All the principles of democracy have been reversed and a property qualification has been substituted for the personal one. In the Senate not even one seat would be ceded to the minority. It was said by one member that it would be a good thing in politics and a good thing in fact to have given one seat to the minority in the Senate, but they found that was not possible either. Not even minor jobs, like probationary nurses, fall to the lot of the minority, except in exceptional circumstances. Nationalists in the Six Counties to-day are in a worse position than the Catholics were in Ireland in the penal times. There is no reason whatever why we should abandon those on the Border who desire to come under our jurisdiction. There is no reason why we should abandon them if we can obtain for them justice and right under Clause 12 of the Treaty. When, one contrasts the policy existing in the Six Counties with the policy of this Government, I think a further reason is given and further backing is forthcoming for the clamant desire of the people on the Border to get under the jurisdiction of this Government and for those who are under it to remain under it. We have, in this State, testimonies to fair dealing and fair play, without any regard to religion, status or politics. Indeed you have one section of the country stating from the housetops that the Government have handed over the control of the country to their opponents —to those who differ from them in politics and religion. I do not accept that view, but still it is evidence to every one that this Government endeavours to give justice and fair play to all within the borders of the State, as far as they humanly can and as far as they control the exercise of the functions of government.

I would refer again to the statements made by Sir James Craig and to his assurances to the last meeting of the Orange Order in Ulster—assurances that they would be fully satisfied with the report of the Boundary Commission. If the Boundary Commission reported as was forecasted in the "Morning Post," they would have every reason to be satisfied with the report, because it would strengthen Sir James Craig's Government in every particular. But it would do something more terrible, something fatal—it would stereotype partition for our time and possibly for all time. It would give an economic background to the towns and cities that rightly belong to this part of the country. It would give to us, as somebody said, the best grouse-shooting in Ireland and very little else. It would give to us, on that showing, bits of territory which are practically made up of mountain land and which, where habitable at all, provide only for uneconomic holdings. These bits of territory would serve, perhaps, chiefly to make an addition to our Old Age Pension list. If it were thinkable at all—I hold it is not and cannot be—that any pant of the county which I have the honour to represent should be partitioned—it is suggested that the eastern part of the county be taken from the jurisdiction of this Government—you would have two results. You would oblige the city of Derry, which contains a majority of inhabitants favourable to this Government and opposed to Sir James Craig's Government, to continue under the jurisdiction of the Craig Government, which it desires to escape from, and you would give it a territorial hinterland which would enable it to carry on where, as now, it is practically broken down. You would take from Donegal County portion of the richest part of that county. East Donegal contains the best land in Donegal and possibly some of the best tillage land in Ireland. In extent and value, this land forms a considerable part of the rateable valuation of the county. If any considerable part of that territory were filched away from us, I say here that it would be impossible for the county administration to carry on. It would be impossible for the County Council to carry on the public institutions which it now has under its control, and it would add a burden to the rest of the county that would be impossible to bear. If such a thing were thinkable, or if any responsible member of this Government were to give pre-acceptance to a finding such as forecasted in the "Morning Post," I say it would strike a death-blow at the peace of this country and at the life of this Government. It would achieve a result that would not make for the unity of the country. It would achieve a result that would bring weakness to the Government and weakness to the country. It would be bad policy for the present and disastrous policy for the future. It would be a breach of faith with our people in the Six Counties, and I believe that it would be a breach of faith engineered by English statesmei. I say that because of the public utterances of some of the English representatives at the Anglo-Irish Treaty Conference. If the facts are what I have stated here, there is no doubt about what the intention of the signatories was at the time of the signing of the Treaty.

Later on, when these men find themselves out of office, under the pressure of that small, but extremely small, section in England who have always hated Ireland and hate it moreintensely now because of the freedom that Irishmen have attained, they make statements about Clause 12 of the Treaty contrary to the views expressed to me by General Collins fresh from the Conference. I do not say this because of any policy of hate of England or of hate of the Six-County Government. I recognise that no good thing can be built upon a foundation of hate, that any policy built upon hate is built upon sand, and that it cannot last or bear good fruit. I say it because I desire that we should have lasting good relations with England, that we should have amity and peace and progress, that we should get definitely and finally down to some relations with our countrymen of all colours in the Six Counties that would enable us, in the fulness of time, to bring about genuine unity in the country. I say it because I recognise that there is more than a community of interest between our fellow-countrymen in the North and ourselves and that there is at least a community of interest between ourselves and the English people. It is because I recognise that community of interest and that I recognise that this country's progress and prosperity will be added to and strengthened by a proper understanding and by a peaceful condition of affairs in our relations with England, that I desire to see this Boundary question settled in a way that will bring some peace of mind to the people concerned—that will not perpetuate injustice and create further hatreds, further bickerings and further strife in this land of ours. If any such unthinkable finding as was forecasted in the Press were to be brought about, it would destroy all hope of peace and unity in our time. It would set passion again raging in the land and re-create the bitterness, the ill-feeling and the hate which we desire to allay. Consequently, if for no higher purpose than interest alone, it is the duty of this Government and of the Dáil to see, as far as they can see, that the Boundary Commissioners are fully impressed with what we were led to believe was the true and proper rendering of Clause 12 of the Treaty.

I venture to say that the Treaty between Great Britain and Ireland would never have passed Dáil Eireann were it not for the recommendations made by those who were responsible for it, that the wishes of the inhabitants in the Border areas would be taken into consideration when the Boundary Commission was set up.

May I ask Deputy McCullough if he can point to anything which states specifically over what area the wishes of the inhabitants were to be taken?

I am fully aware, A Chinn Comhairle, of the weakness of the position in the matter of area.

The strength of our position.

That is a matter of point of view. I do not care what the area taken is. It can be by county or by electoral areas, or by another unit that may be decided upon. If the counties are taken into consideration, even judging by the election which took place in the Counties Tyrone and Fermanagh since the Six-County Government was set up, there would be a majority of inhabitants in these two counties who would claim to come under the jurisdiction of this Government. I do not desire to set myself up as a judge in this matter, or to say what area shall be selected or what area shall be taken as a unit to ascertain the wishes of the inhabitants. I merely state the principle and leave the working out of the matter to those who are responsible for it.

To return to my point, that the representations made by those who were responsible for the Treaty when it was signed induced members of Dáil Eireann to vote for the Treaty in Dáil Eireann, in the belief that that common measure of right and justice—self-determination—would be accorded to the people concerned. Therefore, I return to the point that it is an obligation of honour on us who enjoy the free institutions of Saorstát Eireann to see that faith is kept with our people on the Border.

I may be asked what I propose should happen if the findings be not in accordance with the principles I have endeavoured to set out here. The opinion expressed by all those who have written to me and in the volume of resolutions that has reached me, is that this Government should withdraw its representative from the Boundary Commission rather than sign a document that would take away one inch of territory from the Saorstát, that would not in some measure carry out the representations which the Executive Council made to the Boundary Commission, that would not take into consideration, in accordance with Clause 12 of the Treaty, the wishes of the inhabitants in coming to a decision as to the territory to be transferred. There might follow, perhaps, a report by two members of the Boundary Commission. I am not going to prejudge what may happen, nor am I going to prognosticate what action should be taken, but whoever else is responsible for such an unthinkable result it should not be the responsibility of this Government. The responsibility should be placed, if necessary, where it belongs, and should not be in any measure shared or taken part in by the representative of this Government. We may be threatened that many things will happen. Many things will happen, both in regard to the Treaty position and the Government position. as a result of any such action. But, I think matters have progressed too far to allow us to go back, and our obvious duty is to see that the Executive Council are strengthened, as far as this House can strengthen them, in any action they may take to secure justice and right, and that a true interpretation of Clause 12 is given in the considerations of the Boundary Commission.

I have been asked about the areas by Deputy Johnson. I have mentioned two county areas. I would mention the towns of Newry, Omagh, Strabane, and Derry. Every one of these towns desires by majority of its population to be transferred under the jurisdiction of this Government. Newry has a strong and absolute claim to be taken under the Government of her choice, and not to be continued under a Government to which she is opposed. Enniskillen, while not holding such a strong Nationalist majority, has a majority in favour of the Saorstát Government. Omagh has an undoubted majority, and all its past traditions and outlook would point to its desire to come under the jurisdiction of this Government. The same may be said of Strabane, in a greater measure, because the economic life of Strabane has been practically brought to a standstill by the Boundary at its doors, and of Derry, whose whole economic life is admittedly coming to a dead-stop as a natural result of the Boundary, because I think it is a truism in commercial life that trade moves westwards, and in all these towns and the city of Derry their area of business activity lies to the west and entirely over the Border in Saorstát Eireann. Consequently, from economic considerations alone on the part of these towns and the city of Derry, there will be no hesitation whatever in their desire for transference to this Government's jurisdiction. Nor geographically can it be said that Derry is bound to the Northern Government. Derry City proper is on the Donegal side of the Foyle, and is in County Donegal geographically. Strabane is at its very door. Omagh is across the river. Enniskillen has a natural boundary which should bring it in with Fermanagh. The same may be said of Newry. I do not want to act as a prophet here as to what would result if any such finding as was forecasted by the "Morning Post" was brought in by the Boundary Commission, but I venture to say there would result a state of affairs that at least would not be desirable. I know already that threats are being made. Threats of trouble are made by those who are threatened with removal from the jurisdiction of this Government, and, while I recognise that this Government can probably deal with any difficulty that may arise, I say the position will not be a happy one, or one that they can look forward to with pleasure. In the case of any trouble, the Border would be the rallying ground for every discontented element in the Twenty-six Counties, and it is quite possible that a fire may be lit that would present grave difficulty in extinguishing. While certainly for my part I would desire to say nothing now or hereafter that would inflame passions or encourage any tendency in that direction, I venture to give a warning that unless the representations made by the Executive Council are taken into consideration by the Boundary Commissioners, and unless the wishes of the inhabitants are consulted, the result may be a disastrous one for Saorstát Eireann. It may be a disastrous one for the whole country, and it may bring about results on both sides of the Border that we would long regret.

I second the motion. As a Deputy who voted for the Treaty in January, 1922, I did so mainly because it contained Article 12. Many others did the same That Treaty would have no possibility of being accepted were it not that it contained Article 12 and the interpretation of that Article then was as is laid down now by our Executive.

That Article provided for the setting up of a Commission to fix the Boundary should Belfast opt out within a month.

Such a Boundary was to be fixed according to the wishes of the inhabitants unless these were found in conflict with economy or geography. Belfast opted out. The Commission was set up over twelve months ago. It is now nearing the end of its labours and no steps have been, we are told, either proposed or taken to ascertain the wishes of the inhabitants concerned.

Bear in mind this was the fundamental basis on which the Boundary was to be fixed as laid down in this Article of the Treaty.

Under a British Act passed in 1920, without either acceptance or consultation, an arbitrary Boundary was formulated. This was drawn so as to give the maximum area to Belfast that it could hope to control with a composite majority, and such an area was constituted by attaching to Belfast and Antrim, where they had tolerably large majorities, communities on the Border line fiercely opposed to them, such as in Derry City, Tyrone, Fermanagh, Armagh, Newry and Down.

Article 12 was designed to relieve these Border areas by giving them rights of transfer according to the wishes of their inhabitants through the Boundary Commission.

Though this still left area majorities of our people marooned in the Northern Enclosure in the Glens of An-trim, South Derry and West Belfast, to which economy and geography would deny transfer, it was accepted in the circumstances by us that it might at least to some extent be counterbalanced by similar areas on our side of the Border.

Any attempt now to diddle with this, the most important provision of the Treaty, would be absolutely disastrous, and should our representative envisage any such possibility he must at once either be recalled or withdraw himself from the Commission.

Any accordance of sanction for transfers short of what the Treaty ordains, or any denial of right to transferable areas to have the wishes of their inhabitants ascertained and acted on, or any attempt to force any areas out of the jurisdiction they prefer, would spell utter ruin for the whole country as well as total violation of the Treaty.

Should anything so diabolical be deemed in contemplation, then our representative has no alternative but to at once withdraw and break up such a Commission.

Much better the present Border than any change denying self-determination to majorities for the Free State on the Northern side of the Border.

If the wishes of the inhabitants, according to Article 12, decides the Boundary, all will be well; but if such wishes are flouted or ignored, then Article 12 will have obviously been over-ridden, the Treaty violated, and the consequences immeasurable.

A London and Belfast newspaper canard was put in circulation recently, hinting at the possibility of County Donegal being involved, a county 90 per cent. Nationalist. Any attempt to interfere with the integrity of the Co. Donegal would surely be a limit in audacity. To propose cutting out of Donegal the area as suggested by these newspaper-men would leave Donegal economically paralysed.

To order through this Commission the armed Specials of the Northern Government to overrun East Donegal, or any portion of Innishowen, to replace our unarmed civil forces and Guards, with the good relationship as now existing between our law-abiding people, would be nothing less than an outrage justifying the most determined resistance. I wish solemnly to warn the Government that any acceptance of any such decision or even any neglect to withdraw our representative before any such stage could be reached, would spell absolute disaster to the Government, to the Treaty, and to the whole country.

I at least am satisfied from the answer of the President to Deputy Johnson, as referred to in this motion, that no such decision will be permitted to reach any stage that would forebode or contemplate possible acceptance of or permission for the perpetration of such an outrageous atrocity.

Deputy McCullough has travelled over the field widely, and I think he has dealt with it in a very capable and wise way. The question is one of the most serious importance for the Government and the country, and it now falls upon our Executive Council to take serious note of their responsibilities and to see, if any such proposal emanates from a Commission of the kind, that they at least keep themselves free to be able to take such action as will enable the country to save itself from the irretrievable disaster that such a decision would entail.

I rise to take part in this discussion with a considerable amount of diffidence, because I realise the difficult and delicate position in which the Government finds itself, and in such an issue perhaps "silence is golden" for men like myself. I have recognised from the start that no Boundary Commission will settle this vexed question, and that when the Boundary Commission did not assemble within three months of the signing of the Treaty it was simply asking for trouble to assemble it afterwards. Accordingly, if the Free State loses any territory now I will put the blame first on those people who came to Dublin jumping down the Government's throat for a Boundary Commission which was sure to do more harm than good, because the Free State would only have one member against two who had been given unlimited powers to interpret a very vague clause.

It does not require much political prescience to see that whatever chance we had of a fair decision from a Boundary Tribunal set up immediately after the Treaty, we had absolutely none after the civil war and the events that occurred in 1922 and 1923. What I blame the Government for is that they should have bound themselves in advance to accept the decision of the Commission under these circumstances, and I maintain that this agreement must be repudiated if decisions are given such as are indicated in the forecasts which were published last week, and which indicate decisions against evidence and against facts.

It is said this is a judicial Commission. I deny it is a judicial Commission. Is Professor MacNeill, for whose work for Irish and ancient Irish history I have the greatest esteem, a jurist? Is Mr. Fisher, the Belfast representative, a jurist? Both gentlemen are no doubt very eminent in their own lines, but I would not accept the judicial decision of either of them even in the case of a breach of warranty of a cow. This is not an ordinary case between Tom, Dick and Harry, but a case where the lives and fortunes of thousands of Catholic people are concerned and where arbitrators are appointed to decide their fate. This, therefore, is an arbitration Commission and the attempt to make it appear that it is a judicial Commission is only trying to throw dust in our eyes and to impose a silence on our representative which is not observed elsewhere. This attempt to wrap the proceedings of the Commission in mystery has not prevented Belfast from getting information. Otherwise, how would Sir James Craig be able to announce, as he did the other day, that the Orange Party was certain to be satisfied with the findings of the Commission? You have Sir Robert Anderson, one of the members for County Derry, in Coleraine on Friday or Saturday last saying: "If certain things happen, and I trust they won't, then you may take it that the Prime Minister and the members of the Government will hand in their resignation and take the field."

I am sorry to throw doubt on the integrity of the Commission, but its whole procedure from the start leaves no other alternative. Although the point was raised at the very beginning that they had no jurisdiction over Free State territory, they postponed taking a decision on this point; they postponed the interpretation of their terms of reference until all evidence was taken, and they took no steps whatever to ascertain the wishes of the inhabitants of the areas affected. In fact every act of the Commission has been without precedent in boundary-making commissions. That is why people are so uneasy and are inclined to regard the forecast of the "Morning Post" as fairly accurate. If the border outlined in these forecasts is anything like correct, then the Commission will have violated the people's will and ignored every consideration of economics and geography, and the duty of the Government is to take steps immediately to burst up the Commission, or, in the language of Mr. Lloyd George, to "torpedo" it.

I, therefore, say that the first duty of the Government is to safeguard the nation's honour and interests and to see that the Boundary Commission, which was designed to implement the Treaty and to complete its work by the emancipation of the Catholics of the North, is not turned into an instrument of further aggression and an excuse for the turbulent elements in this country to throw us back into the bloodshed and turmoil from which we have emerged.

I have submitted an amendment, but before reading it I want to say that the motion put forward by Deputy McCullough asks us to approve of representations which we have not seen and do not know the purport of, beyond the very bald statement made by the President in answer to a question of mine. But the course of the discussion so far indicates that in the minds of those who are interested a question of at least equal importance is that which is not touched upon in the motion: that is to say, the ascertainment of the wishes of the inhabitants. Also, I might say, particularly from Deputy McCullough's speech, that though the motion would in his view safeguard the interests of those people for whom he speaks in his own constituency, it would have no effect whatever—it would not even indicate that in the minds of Deputies or of the Dáil there was any thought of the position of the inhabitants of the Six Counties. The amendment which I have submitted is as follows:—

To delete all words after the words "That the Dáil" and substitute the following:—

"knowing that the wishes of the inhabitants referred to in Article 12 of the Treaty have not been ascertained and that no decision of the Boundary Commission unless it is in accordance with the wishes of the inhabitants can be recognised as a fulfilment of the said Article, deprecates any agitation to influence public feeling on either side of the existing boundary on the question of the transfer of territory which would distract the people's attention from the failure on the part of the two Governments to deal effectively with the problems of unemployment and the depression in agriculture and industry."

My submission is that in the promise of Ministers——

Is this on a point of order?

I am not raising a point of order.

On this amendment. The amendment in substance asks the Dáil to do this:

That the Dáil deprecates any agitation to inflame public feeling on either side of the existing border on the question of the transfer of territory.

These words are preceded by a Preamble and followed by a reason. The amendment is not relevant to the motion. The motion is:

That the Dáil approves of the representations made by the Executive Council to the Boundary Commission regarding the provisions of Article 12 of the Treaty as set out in the President's reply to Deputy Johnson on Wednesday, 11th November, 1925.

The motion is definite. The amendment is about a different matter, "Deprecation of agitation to inflame public feeling." That is one of the reasons why the amendment seems to me to be out of order.

I bow to your ruling, but I submit to the Dáil that the intention of the mover, so far as his speech indicated, would be better fulfilled did we assume and accept his facts that the statements of Ministers made in June, 1924, when this matter was discussed in the Dáil, were still valid, and that the implication of the President's answer to Supplementary Questions on the 11th of November was also to be adhered to. If Deputies will refer to the discussion which took place——

I take it that Deputy Johnson is speaking on the motion now.

Yes. If Deputies refer to the discussion whch took place in the Dáil in June, 1924, when the Bill amending the Treaty—as I contended an entirely unconstitutional proceeding in the circumstances—was under discussion, in reply to my opposition to that Bill Minister after Minister said that the Boundary Commission was to draw up its definition of the Boundary according to the wishes of the inhabitants. We have to assume that until the Boundary Commission ascertains the wishes of the inhabitants it cannot draw up any report affecting the Boundary which can be recognised as valid. That is the position of the Government. If it is not, I hope they will state it. That being the position of the Government, is it wise to add fuel to the agitation that is being waged on the other side of the Border, and that has begun to be waged on the Saorstát side of the Border on this question, which, in the Minister's submission and in my submission, cannot be a matter of immediate necessity, inasmuch as the wishes of the inhabitants have not been sought? There can be no change in the Boundary until the wishes of the inhabitants have been ascertained, and I put it to Ministers that they would not allow any change in the Boundary until that ascertainment of the wishes of the inhabitants has been made. Then what is the purpose of this agitation, both on the other side of the Border and on this side, and what will be the effect of it? Undoubtedly it will be to inflame public feeling and to divert the minds of the public from those questions which are infinitely more important, questions affecting their livelihood, and how they will feed, clothe and house their children. These are questions which affect the people on the other side of the Border. The incitement that is being engendered there is being engendered with the same object and the same purpose to divert the minds of the public from the failure of Governments to deal with these evils consequent upon depression in agriculture and in industry—the evils of unemployment and poverty.

On a point of order. I hope Deputy Johnson does not consider that I had any such intention.

That is a point of explanation.

I am sure Deputy McCullough has no such intention, but I suggest that is going to be the effect if we begin now, especially from the other side of the House, to doubt that the Government was sincere and definnite in its statement that they would insist on the provisions of Article 12 in respect of this case. The Oireachtas agreed with them a year ago that it was a desirable thing to amend the Treaty to allow the appointment of two nominees of the British Government upon the Commission. I did my best to warn the House against that, but the House decided it was a desirable thing to do, notwithstanding all that had been said in public by the signatories to the Treaty on the other side of the water.

Will the Deputy tell the House all he said at that time?

I will, and repeat it if the Minister wishes and the Ceann Comhairle is agreed.

To "take our own course."

Yes. If the Minister desires, and the Ceann Comhairle will agree, I will read the speech I made on that occasion.

I knew that would frighten the Minister for Justice. I say without any hesitation that the effect of this agitation on both sides of the Border will be this, that members of the Government Party are not satisfied as to the integrity of Ministers in regard to this question and that it is necessary to arouse the feelings of the people on the matter, and by that means to divert their attention from the economic questions of bread and butter and livelihood. It is an old practice and very often it is done unconsciously by people who do not like, by a kind of subconscious or inherent antipathy, to hear the cries of the unemployed, or the demand for Government intervention in the field of economics and industry. But I want to say that is going to be the effect of an agitation of this kind on both sides of the Border. We are to respond to the movement across the Border and we are presumed to have no confidence in the intentions of our own Government.

Deputy McCullough said towards the close of his speech that what was necessary to develop and inculcate was a "community feeling" with all citizens on the other side of the Border, as well as on the other side of the water. We are dealing with the problem as it affects the other side of the Border. I wish Deputy McCullough had been able to suggest methods moving in that direction. Has he any alternative to the provisions of the Treaty in respect to the Council of Ireland? I have endeavoured to press upon the Dáil time after time that within the Treaty itself there was a means whereby this community feeling could be developed and the ultimate unity of the country could be guaranteed, but unfortunately the functioning of that Council has been postponed at least for another year. I hope that we shall be able to say before the Boundary Commission reports, having ascertained the wishes of the inhabitants in the meantime, that the Council of Ireland will have been established and that there will be a unification of authority in respect to the three functions of Government dealt with in the Treaty, namely, the fisheries, the railways, and diseases of animals, and that by the very fact of there existing a single national authority to deal with these functions of Government in the North, that we would be on the way to meet the problems of the Boundary, and that the boundaries, in fact, would be of small importance when we have a single national authority functioning, even in respect of two or three of the smaller matters of administration and Government. I believe it would be unwise to pass this motion. The Dáil will be committing itself to approving of representations which we have not before us. We do not know what the oral and the written representations were, and it is unwise to ask an assembly of this kind to approve of matters which have not been placed before it. Had my amendment been in order, the Dáil would have recommitted itself to the view that Article 12 of the Treaty would not be fulfilled until the wishes of the inhabitants mentioned therein had been ascertained. It would also have committed itself to the view that it is an undesirable thing to encourage agitation in the country on this matter, because to do so would be tantamount to diverting the attention of the public from matters of very much more concern to them than the actual line of the Border.

I take it that the motion is tabled for the specific purpose of showing the intensity of feeling and the apprehension which is felt at the publication in certain unfriendly British journals of a forecast of the decision of the Boundary Commission.

The discussion on this resolution has followed two main lines, the first being a consideration of the contention of the Executive Council made to the Boundary Commission that that Commission were not empowered, in their delimitation of the Boundary, to look south of the existing Border or to transfer to the Six Counties any territory which now forms part of the Twenty-six Counties. That contention has been argued before the Commission on our behalf by our Attorney-General and by the other distinguished legal gentlemen who appeared with him. The second was a criticism of the line which has been foreshadowed in the Press.

The contention of the Executive Council that the provisions of Article 12 of the Treaty do not empower the Boundary Commission to transfer Free State territory to Northern Ireland depends on the intention of the parties as evidenced, in the first place, by the Treaty itself, and, secondly, by the circumstances with which the Boundary Clause was intended to deal.

With regard to the instrument itself, the very form of the Treaty does not leave room for doubt as to the intention of the high contracting parties. Under this instrument, the whole of Ireland received recognition as the Irish Free State, and provision was made for the Parliament of Northern Ireland, which, at the time of the making of the Treaty, had been set up and was functioning under British statute, to continue functioning inside the Free State without any change in the area of its jurisdiction. The Treaty further contained a provision that, in the event of the Parliament of Northern Ireland electing to dissociate itself from the Free State, the Boundary Commission was to determine the limits of the area over which its powers should be exercisable. Provision was contained in the Treaty for the suspension of the powers of the Parliament and Government of the Free State over the Northern area until this option had been exercised or rejected, and the Boundary, if necessary, redrawn. In other words, as the position stands to-day, the powers of the Parliament and Government of the Free State are in a state of suspension over Northern Ireland, and will come into instant operation in any area assigned to the Free State by the Commission. There is no corresponding arrangement whereby the powers of the Government of Northern Ireland are in a state of suspension over any Free State territory.

In plain terms, what the arrangement means is this: in order to provide for the wishes of a minority of our countrymen a local legislature had been set up in Belfast under British law, prior to the Treaty. The parties to the Treaty intended that this Parliament should be the recognised authority, within its limitations, for the six north-eastern counties, if the majority of those represented in it did not wish to carry their dissociation from the legislature of the Irish people further than the maintenance of this local institution. If, on the other hand, they wished for a complete dissociation from the Parliament of their country, the area which they should have power to dissociate from the jurisdiction of the Irish legislature was to be cut down as nearly as possible to the area inhabited by those who desired the arrangement, or, to use the words of the Treaty, the Boundary was to be drawn "in accordance with the wishes of the inhabitants so far as may be compatible with geographic and economic conditions." I think this is the fair interpretation of Article 12, which would be the ordinary interpretation of any outsider who studied the Treaty for the first time. Our claim is that the wording of the Treaty makes clear in this way the intention of the contracting parties, and it is the intention of the parties that effect must be given in the interpretation of any contract.

As regards the circumstances with which Article 12 was intended to deal, they furnish what seems to me conclusive evidence that our interpretation of the Treaty is correct. As far back as June 12th, 1916, the Ulster Unionist Council accepted the Six Counties as the area to receive separate treatment under a Home Rule settlement. On March 10th, 1920, a resolution in favour of including the whole Province of Ulster in Northern Ireland in the 1920 Act was defeated by that Council, and a resolution adopted to the effect that no opposition should be offered to the passage of the Bill. The Six Counties represented the whole claim of the Unionist Party, in deference to whose wishes the Belfast Government was set up. The National Party never agreed to this arrangement and, when the Treaty was entered into, it was clearly intended that the Unionist claim should be cut down by a Commission appointed to take away from the Northern Government the areas adjacent to the Free State which had Nationalist majorities. The National Party on their part agreed that if this was done they would recognise the Northern Government for those who desired its existence.

After the Government of Ireland Act was passed and members had been elected to sit in the Parliaments of Southern and Northern Ireland, the members elected for Southern constituencies all remained away and repudiated that Act except the members for Trinity College, whilst in the North some only of the elected members attended. At the date of the Treaty, the complete abstention of the members for the twenty-six counties of Southern Ireland showed unanimity in these counties regarding the rejection of that Act. In the North, however, the fact that 12 members elected for constituencies, including Tyrone, Fermanagh, Derry, Armagh and Down, absented themselves from the Northern Parliament, showed that the people of Northern Ireland were far from being unanimous in accepting the Government of Ireland Act.

There is a further argument appearing on the face of the Treaty itself. It is provided that, in the event of Northern Ireland electing to remain in the Free State system, with its entire territory, a Convention should be entered into with a view to protecting the rights of minorities in Northern Ireland. There is no such provision in case Northern Ireland elected to go out. Why? Because, in that event, the Commission was to be set up for the purpose, as was clearly indicated at the time, to consider what portions of Northern Ireland inhabited by those minorities should be excluded from Northern Ireland.

The forecast published in the Press is not the report of the Boundary Commission. I do not know what its report will be. I only know that the report has not yet been made. I do not like to enter upon a discussion based upon a purely hypothetical case, but since so much importance has been placed here, and in other quarters, on that forecast and since it has, in fact, been the pivot around which discussion has centred to-day, I will permit myself to say a few words in its regard. I must begin by stating that, to me, it is quite inconceivable that any body of men, respecting the terms of reference which were placed in their hands by Article 12 of the Treaty, recognising their functions as a judicial authority and setting upon their reputation for impartiality and honour the value which honest men place upon those things, could lend their names to such a decision. The line which, for shortness, I may call the "Morning Post" line fulfils none of the conditions called for by the clearly-expressed language of Article 12.

I do not think even our most hostile opponent would dare to suggest that it respected the wishes of the inhabitants, and it would take an amount of sophistry to persuade even the most avidly-receptive, that if no consideration whatever was given to those wishes, the line conformed with economic or geographic facts and requirements. That line cedes to the Six Counties an area of territory in Donegal. On what grounds? As far as the wishes of the inhabitants are concerned, the overwhelming majority are bitterly hostile to such a transfer. The Commission are well aware of that fact. It is the richest portion of County Donegal. Its removal from County Donegal would be a serious economic blow to County Donegal—infinitely more serious than any economic advantage which it might be supposed to confer on a Londonderry, improperly withheld from our jurisdiction, even if that were a factor which the Boundary Commission were entitled to consider; and we deny that they are entitled. Therefore, that portion of the line, far from conforming with either the wishes of the inhabitants or economic conditions, would not alone ignore them, but would be deliberately drawn in defiance of such considerations. To suggest that it is based upon the only remaining consideration available to the Commission—that of geography— is to suggest a travesty of justice and a farce. That is only one example. There are many others. There is the exclusion of the overwhelmingly Nationalist town and district of Newry, which that line proposes. One wonders what consideration could justify that proposal. But I am only wasting time. The Boundary Commission is bound by the facts and by the evidence before them. On these facts and on that evidence there are no grounds, there is no justification, there is not even the semblance of an apology, for this line. I admit that Deputies are not apprehensive without certain justification. I realise that, from the moment the Boundary Commission was being set up, a most scandalous campaign of intimidation and misrepresentation has been waged. A most indecent and flagrant violation of judicial procedure has been indulged in. This has not been confined to the Press—though they have contributed to the best of their ability.

Important personages in public life, both in Great Britain and in the Six Counties, assisted in the endeavour to influence the Court. So scandalous, indeed, were these proceedings that I have no hesitation in saying that if the Commission were a Court of Justice it would be incumbent upon it to commit personages in very high station to imprisonment for flagrant contempt. We, on the other hand, have been most meticulous in our abstention from any course of action which would be out of harmony with the elementary principles of respect for judicial procedure.

But the Commission has no right to allow itself to be influenced by intimidation or by cajolery. Neither Sir James Craig's "not an inch," nor the threats of an armed special police, nor the dishonest statements of persons in high places, should intervene in their discussions. Until I have some better proof to the contrary than the publication in the "Morning Post," I prefer to believe that the members of the Commission are men who place a value on impartial justice, that they will respect the considerations which have been laid down for their guidance and direction, and that they will not allow outside considerations to sway them from the path of judicial honesty. If, as I hope, I am justified in placing this reliance in them, then the apprehensions expressed by Deputies to-day will have proved groundless.

On the other hand, should it transpire, when the report of the Commission is available, as I sincerely hope it will not transpire, that they have allowed themselves to be intimidated or cajoled into drawing a line based upon considerations other than those laid down in their terms of reference, then I say—and I say it with all earnestness—that they will have done a bad day's work not for Ireland alone but for the whole commonwealth. They will have created an atmosphere of distrust and suspicion which will go far to prevent the development of those cordial, fraternal relations which were rendered possible by the Treaty and which were daily growing apace. They will have reopened old wounds that were healing; they will have created new grounds for friction; they will have dishonoured themselves and they will have sullied before the nations of the world the reputation for judicial impartiality of which the British Commonwealth is so jealous. In such a case, the very fact that the "Morning Post" had been able to secure, if it had secured, information from the Commission that is supposed to be a profound secret between the three Commissioners will require an explanation which the Commissioners would, I venture to say, find it difficult to give. And the British Government, which has so far, with the utmost punctiliousness, fulfilled its obligations under Article 12 of the Treaty, could not, of course, escape moral responsibility for the action of its nominees. They would have to consider, just as we would have to consider, how best such an injustice could be remedied. I have, perhaps, dwelt too long on this aspect of the case. I have done so, however, because the consequences which would arise in the hypothetical circumstances around which the discussion to-day has centred, would be of the utmost gravity. It is, perhaps, only right that they should be appreciated here in this House and elsewhere. But I hope these circumstances will never arise.

I do not want to add much to what I said in proposing the motion except to deal with the suggestion made by Deputy Johnson. I quite realise there may be a point of view that such a discussion will have the possible consequence of creating heated passions and ill-feeling and distract the people of Ireland from their ordinary business. I would like to assure Deputy Johnson I had no such intention. I have given my pledge to the House to-day that I will not lend myself to propaganda to inflame feelings that may lead to dangerous results. I was not a member of this House when the amending Act to which he refers was passed. I had no responsibility for the Treaty, because I was not a member of the then Dáil, nor have I been consulted since in my personal or representative capacity, and I feel myself entirely free from all responsibility in the matter, but I would like to say, as a son of the city of Belfast, I feel this matter deeply. I have moved in it from the depth of that feeling entirely, and in order that we might have some reassurance in the words that would be said in this House and which I might venture to say we have received from our President in his reply, for those uneasy minds and uneasy hearts whose future lives will have to be lived on one side or the other of the Border. That was my intention in moving the motion, and not to inflame any passion, I assure Deputy Johnson, the House, and you, sir. Those of us who have lived through the past few years do not desire to stir up passions easily again. I desire, with Deputy Johnson, a better spirit between North and South, and I desire to see a change of heart towards our common interests, and it is because I believe that a just and true rendering of the findings of the Commission on the lines laid down by President Cosgrave to-day will help materially to bring about that result that I moved this motion to-day.

Question put and agreed to.
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