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Anglo-Irish Treaty

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REPUBLICANISM

Key documents
Easter Proclamation
Declaration of Independence
Message to Free Nations
Democratic Programme
Dáil Constitution
Anglo-Irish Treaty
External Relations Act
Bunreacht na hÉireann
Republic of Ireland Act
New Ireland Forum Report
Anglo-Irish Agreement
Belfast Agreement
Articles 2 & 3

For full template, go to {{IrishR}}

Signature page of the Anglo-Irish Treaty

The Anglo-Irish Treaty, officially called the Articles of Agreement for a Treaty Between Great Britain and Ireland, was a treaty between the Government of the United Kingdom and representatives of the extra-judicial Irish Republic which concluded the Irish War of Independence. It established an Irish dominion within the British Empire known as the Irish Free State and provided an option for the previously existing Northern Ireland, created by the 1920 Government of Ireland Act, to opt out of the Irish Free State, which it duly exercised.

The treaty was signed in London by representatives of the British government and envoys plenipotentiary of the Irish Republic (i.e., negotiators empowered to sign a treaty without reference back to their superiors) on December 6, 1921. Three-fold ratification of the treaty by Dáil Éireann, the House of Commons of Southern Ireland and the British Parliament was required. The Irish side was split on the Treaty, and it was only narrowly ratified in the Dáil. Though duly enacted, the split produced the Irish Civil War which was ultimately won by the pro-treaty side.

The Irish Free State created by the Treaty came into force on 6 December 1922 by royal proclamation, after its constitution was enacted by the Third Dáil and the British parliament.

Contents

[edit] Content of the Treaty

Among its main clauses were that:

Éamon de Valera, who as President of the Republic opposed the Treaty. He later regarded this opposition as his biggest mistake.

  • As with the other dominions, the head of state of the Irish Free State / Saorstát Éireann would be the British monarch, who would be represented by a Governor General (See Representative of the Crown).
  • Members of the new Free State's parliament would be required to take an Oath of Allegiance to the Free State. A secondary part of the Oath was to "be faithful to His Majesty King George V., his heirs and successors by law, in virtue of the common citizenship" as part of the Treaty settlement.
  • Northern Ireland (which had been created earlier by the Government of Ireland Act) was to have the option of withdrawing from the Irish Free State within one month of the Treaty coming into effect.
  • If Northern Ireland chose to withdraw, a Boundary Commission would be constituted to draw the boundary between the Irish Free State and Northern Ireland.
  • Britain, for its own security, would continue to control a limited number of ports, known as the Treaty Ports, for the Royal Navy.
  • The Irish Free State would assume responsibility for its part of the Imperial debt.
  • The Treaty would have superior status in Irish law: in the event of a conflict between it and the new 1922 Constitution of the Irish Free State, it would take precedence.
Page from a draft of the Treaty, as annotated by Arthur Griffith

[edit] Negotiators of the Treaty

The negotiators included

(Robert Erskine Childers, the author of the Riddle of the Sands and former Clerk of the British House of Commons served as one of the secretaries of the Irish delegation. Tom Jones was one of Lloyd George's principal assistants, and described the negotiations in his book Whitehall Diary.) Notably, the Irish President Eamon de Valera did not attend.

Winston Churchill had a dual role in the British cabinet concerning the Treaty. Firstly as Secretary for War hoping to end the Irish War of Independence in 1921; then in 1922 as Secretary for the Colonies (which included Dominion affairs) he was charged with implementing it.

[edit] Detail and background

Eamon de Valera sent the Irish plenipotentiaries to the 1921 negotiations in London with several draft treaties and secret instructions from the cabinet. The first two weeks of the negotiations were spent in formal sessions. Upon the request of Arthur Griffith and Michael Collins, the two delegations began informal negotiations, in which only two members of each negotiating team were allowed to attend. On the Irish side, these members were always Collins and Griffith, while on the British side, Neville Chamberlain always attended, though the second British negotiator would vary from day to day. In late December, the Irish delegation returned to Dublin to consult the cabinet according to their instructions. When they returned, Collins and Griffith hammered out the final details of the treaty, which included British concessions on the wording of the oath and the defence and trade clauses, along with the addition of a Boundary Commission to the treaty and a clause upholding Irish unity. Collins and Griffith in turn convinced the other plenipotentiaries to sign the treaty. Upon Eamon de Valera's hearing of the signing the next day, he issued a statement calling a cabinet meeting to discuss the treaty. At the end of the cabinet meeting, de Valera came out against the treaty.

Arthur Griffith Minister for Foreign Affairs, Leader of the Irish delegation The contents of the Treaty divided the Irish Republic's leadership, with the President of the Republic, Eamon de Valera, leading the anti-Treaty minority. The Treaty Debates were difficult but also comprised a wider and robust stock-taking of the position by the contending parties. Their differing views of the past and their hopes for the future were made public. The focus had to be on the constitutional options, but little mention was made of the economy, nor of how life would now be improved for the majority of the population. Though Sinn Fein had also campaigned to preserve the Irish language, very little use was made of it in the debates. Some of the female TDs were notably in favour of continuing the war until a 32-county state was established. Much mention was made of '700 years' of British occupation, and even '700 centuries'. Personal bitterness developed; Arthur Griffith said of Erskine Childers: "I will not reply to any damned Englishman in this Assembly" and Cathal Brugha reminded everyone that the position of Michael Collins in the IRA was technically inferior to his.

The main dispute was centred on the status as a dominion (as represented by the Oath of Allegiance and Fidelity) rather than as an independent republic. Partition, though certainly a factor, was not the most important; both sides believed that the Boundary Commission would transfer many large nationalist areas to the Free State, reducing Northern Ireland's size so as to make it too small to be a viable political entity, leading to Irish unity. (In fact, the commission made no changes, despite the wishes of hundreds of thousands who found themselves left under British or Irish jurisdiction against their wishes.)

[edit] Ratification

The Second Dáil formally ratified the Treaty on 7 January 1922 by a vote of 64 to 57. (The House of Commons of Southern Ireland, which was made up largely of the same membership as the Dáil, but which was in British constitutional theory the parliament legally empowered to ratify the Treaty, did so in January 1922.) De Valera resigned as President and was replaced by Arthur Griffith. Michael Collins formed a Provisional Government of Ireland theoretically answerable to the House of Commons of Southern Ireland, as the Treaty laid down. In December 1922 a new Irish constitution was enacted by the Third Dáil, sitting as a Constituent Assembly.

[edit] Results

Image:David Lloyd George.jpg Opponents of the Treaty mounted a military campaign of opposition which produced the Irish Civil War (192223). In 1922 its two main Irish signatories, President Griffith and Michael Collins, both died. Griffith died partially from exhaustion; Collins, at the signing of the Treaty, had said that in signing it, he may have signed his "actual death warrant", and he was correct: he was assassinated by anti-Treaty republicans in Béal na mBláth in August 1922, barely a week after Griffith's death. Both men were replaced in their posts by William T. Cosgrave.

The Treaty's provisions relating to the monarch, the governor-general, and the treaty's own superiority in law were all deleted from the Constitution of the Irish Free State in 1932, following the enactment of the Statute of Westminster by the British Parliament. The Statute provided that all dominions extant or newly created thereafter were fully independent of the United Kingdom and thus not subject to any acts of the British Parliament. (The sole exception to this was Canada, at her own request, who remained nominally subject to the British Parliament until 1982, because the federal and provincial governments could not agree on an amending formula for the Canadian Constitution.) Thus, the Government of the Irish Free State was free to change any laws previously passed by the British Parliament on their behalf.

Nearly thirty years earlier, Michael Collins had argued that the Treaty would give "the freedom to achieve freedom". De Valera himself acknowledged the accuracy of this claim both in his actions in the 1930s but also in words he used to describe his opponents and their securing of independence during the 1920s. "They were magnificent", he told his son in 1932, just after he had entered government and read the files left by Cosgrave's Cumann na nGaedheal Executive Council. Image:Portrait of Micheál Ó Coileáin.jpg

Most people in Ireland today, including members of de Valera's own party, Fianna Fáil, agree that it was a mistake to oppose the Treaty and that it was the best deal possible in the circumstances. Although the British government of the day had, since 1914, desired home rule for the whole of Ireland, the British Parliament believed that it could not possibly grant complete independence to all of Ireland in 1921 without provoking a massacre of Ulster Catholics at the hands of their heavily-armed Protestant Unionist neighbours. At the time, although there were Unionists throughout the country, they were concentrated in the northeast and their parliament first sat on 7 June 1921. An uprising by them against home rule would have been an insurrection against the "mother county" as well as a civil war in Ireland. (See Ulster Volunteer Force). Dominion status for 26 counties, with partition for the six counties that the Unionists felt they could comfortably control, seemed the best compromise possible at the time.

In fact, what Ireland received in dominion status, on par with that enjoyed by Canada, New Zealand and Australia, was far more than the Home Rule Act 1914 (negotiated and won, albeit through democratic parliamentary procedure by the Irish Parliamentary Party leaders John Redmond and John Dillon), and certainly a considerable advance on the Home Rule once offered to Charles Stewart Parnell in the nineteenth century.

 Formation of the United Kingdom 
Image:Flag of Wales (bordered).svg Image:Flag of England (bordered).svg   Statute of Rhuddlan (1284)
Image:Flag of Wales (bordered).svg Image:Flag of England (bordered).svg   Laws in Wales Acts (153542)
Image:Flag of England (bordered).svg Image:Flag of Scotland.svg   Union of the Crowns (1603)
Image:Flag of England (bordered).svg Image:Flag of Scotland.svg   Acts of Union (1707)
Image:Union flag 1606 (Kings Colors).svg Image:St Patrick's saltire.svg   Act of Union (1801)
Image:Flag of the United Kingdom.svg Image:St Patrick's saltire.svg   Government of Ireland Act (1920)
Image:Flag of the United Kingdom.svg Image:Flag of Ireland (bordered).svg   Anglo–Irish Treaty (1921)
Image:Flag of the United Kingdom.svg   Royal & Parliamentary Titles Act (1927)

Further, though it was not generally realised at the time, the Irish Republican Army was in trouble. It had little ammunition or weaponry left. When Collins first heard that the British had called a Truce in mid-1921, following King George V's appeal for reconciliation at the opening of the Parliament of Northern Ireland under the Government of Ireland Act 1920, he commented: "We thought they were mad". The British, though they may never have realised it, were weeks, perhaps even days, away from inflicting severe losses on an exhausted IRA; though, even if they had, it is unlikely that some form of autonomy in excess of home rule would not have been achieved, given the extent to which the Irish population had turned its back on continuing British rule. It is also doubtful that British public opinion would have tolerated the larger and more frequent atrocities this would have entailed. Image:Winston Churchill as a young man.jpg

De Valera was once asked in a private conversation what had been his biggest mistake. His answer was blunt: "Not accepting the Treaty". Current Taoiseach (prime minister and leader of Fianna Fáil) Bertie Ahern has conceded that the date that marks the real achievement of independence is 1922, when the Irish Free State created by the Anglo-Irish Treaty came into being, as this brought about British and international recognition of Irish independence.

[edit] Further reading

[edit] See also

Other treaties between Britain and Ireland:

[edit] Trivia

[edit] External links

Major constitutional laws affecting Ireland

Image:St Patrick's saltire.svg Pre-Union

Poyning's Law (1492)
Grattan's constitution (1782)
Act of Union (1800)

Image:Flag of the United Kingdom.svg UK Acts

Catholic Relief Act (1829)
Church Disestablishment Act (1869)
Representation of the People Acts 1884 & 1918
Government of Ireland Act (1920)
Statute of Westminster (1931)
Northern Ireland Constitution Act (1973)
Northern Ireland Act (1998)

Image:Flag of Ireland (bordered).svg Constitutions

Dáil Constitution (1919)
Free State Constitution (1922)
Constitution of Ireland (1937)

Image:Flag of Ireland (bordered).svg Oireachtas Acts

Ministers and Secretaries Act (1924)
Courts of Justice Act (1924)
External Relations Act (1936)
Republic of Ireland Act (1948)
Human Rights Act (2003)

Image:Flag of the United Nations.svg Treaties

Anglo-Irish Treaty (1922)
European Convention (1950)
Treaties of the EU (1973-2003)
Good Friday Agreement (1998)



The Irish Free State
(1922-1937)

Anglo-Irish Treaty | Provisional Government | Constitution of the Irish Free State | Statute of Westminster | Great Seal of the Irish Free State | Monarchy in the Irish Free State


Executive
King of Ireland | Governor-General | President of the Executive Council | Vice-President of the Executive Council | Executive Council | Extern Minister | Ministers and Secretaries Act | His Majesty's Government in the Irish Free State


Legislative:
Oireachtas of Saorstát Éireann (made up of the King of Ireland, Dáil Éireann & Seanad Éireann) |
Royal Assent | Ceann Comhairle | Cathaoirleach | Oath of Allegiance | Governor-General's Address to the Oireachtas


Judiciary
Supreme Court | High Court | Chief Justice | Courts of Justice Act, 1924


Other topics: General elections: 1922 | 1923 | 1927 (June) | 1927 (Sept) 1932 | 1933 | 1937
See also: External Relations Act | Executive Powers (Consequential Provisions) Act | Constitution (Amendment No. 27) Act

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ca:Tractat Angloirlandès

de:Anglo-Irischer Vertrag es:Tratado Anglo-Irlandés fr:Traité anglo-irlandais ga:Conradh Angla-Éireannach ko:영국-아일랜드 조약 nl:Anglo-Iers verdrag ja:英愛条約 no:Den anglo-irske traktat pl:Traktat (Irlandia) pt:Tratado Anglo-Irlandês zh:英爱条约

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