Treaty Negotiations Controversial - LC History Essay

Why were the treaty negotiations controversial?
Introduction
Following the War of Independence as more and more attention was brought to Black and
Tan atrocities, Lloyd George suggested a conference between the two governments, and
Sinn Féin agreed. A truce was called in July, 1921. In October that year, a group of Irish
plenipotentiaries met with a delegation of British politicians to negotiate terms for the Anglo-
Irish Treaty. However, due to De Valera’s refusal to attend, the inclusion of contentious
topics such as the Oath of Allegiance and Partition, and tensions between the two
delegations, both the negotiations and their outcome proved to be controversial.
Talks about Talks

In the months following the truce, Lloyd George and de Valera exchanged many letters and
met four times in London to discuss “talks about talks” without coming to an agreement.
Although George acknowledged de Valera as “one of the greatest political manipulators of
all time”, he also remarked that talking to de Valera was "like trying to pick up mercury with a
fork". However, he was determined to protect the British empire and prevent Ireland from
becoming a republic. The conflicting interests of both governments and strained background
immediately sparked tensions between the two, and created controversy in Ireland.
De Valera
Treaty negotiations eventually began three months after the truce in October 1921. The first
immediate controversy began when de Valera refused to attend. He claimed that at home he
could control extreme Republicans such as Stack and Brugha. He also claimed that his
distance from London gave him a "factual advantage", and that it would relieve pressure
from the Irish delegates as they would be able to refer back to the cabinet in Dublin. This
decision was criticised as de Valera was the most experienced Irish politician and had
previously been to London for negotiations. W.T Cosgrave compared it to "sending over a
team and leaving the best player in the reserve”.
Plenipotentiaries
In his place, de Valera sent Arthur Griffith, Micheal Collins, and Robert Barton as the main
negotiators, Eamonn Duggan as legal advice and Erskine Childers as secretary. While
Collins had played a large role in the War of Independence, he had been involved mostly in
military operations and agreed to go with great reluctance. He was also forced to let go of
the advantage of the British not knowing what he looked like. These men were appointed
plenipotentiaries and had full power to sign a treaty but were under strict instruction to not
make any final decisions without referring back to the cabinet. Many historians agree that
this decision was contradictory, inefficient, and created controversy.
Partition and Boundary Commission
Despite not being able to make final decisions, the plenipotentiaries shouldered the
responsibility of debating divisive issues such as the possibility of partition. The
plenipotentiaries wanted Ireland to be made a 32-county republic, but the British delegation
were adamantly opposed to this. It soon became clear that a full 32-county republic was not
on offer, but the specifics of the partition were still unclear. While partition would mean that
Britain retained control of Northern Ireland, those who supported the treaty saw it as a
"stepping stone" to freedom. Micheal Collins notably said that the treaty "gives us freedom,
not the ultimate freedom that all nations desire, but the freedom to achieve it". Collins and
Griffith eventually agreed to the addition of a neutral boundary commission to draw the
border, believing Northern Ireland would be too small to be economically viable. However,
they had unknowingly agreed to a permanent partition of Ireland. The notion of partition had
been one of the most polarising issues to arise in negotiations, so this greatly weakened the
Irish delegation’s position. Agreeing to divide the country was a significant concession.
Oath
Anti-Treaty critics also condemned the oath of allegiance included in the treaty. Irish TDs
and senators would be required to take this oath and swear to "be faithful to H.M King
George, his heirs and his successors". The oath also represented Ireland's dominion status,
which extreme Republicans were strongly against as they felt that it was a betrayal of ideals
that many Irish rebels had fought and died for during the struggle for independence. The
oath soon became a reason for anti-treaty forces to oppose the treaty during the civil war.
External Association
The Irish delegation had first proposed external association, which de Valera came up with.
This would mean that Ireland became a free state outside of the British empire, but would
remain 'externally associated' with Britain, with the King as head of this alliance. This was
quickly rejected by the British delegation, as they believed that it would undermine the
authority of the Commonwealth. While the Irish side did not outline specific demands,
possibilities such as a parliament in Northern Ireland under overall Dublin rule were
considered and ultimately rejected. The confusing nature of external association is often
cited as a reason why de Valera should have attended negotiations, as he may have been
able to make a better case for it.
Signing of the Treaty

Following these rejections, the delegates returned to Dublin on December 3rd with a copy of
British proposals for the cabinet to discuss. De Valera, Cathal Brugha and Austin Stack were
against the proposals, and the delegates returned to London with instructions not to accept
the treaty. The next day, external association was proposed again and rejected. On
December 5th, Lloyd George issued an ultimatum; sign the treaty or face "immediate and
terrible war". He made concessions such as granting Ireland total fiscal autonomy,
withdrawing British troops from Ireland, and slightly rewording the oath. The treaty was
finally signed at 2:20AM on December 6th. Collins said after signing the treaty that he had
"signed his actual death warrant." Controversy arose immediately after the signing became
public; many saw the Irish delegates as traitors.
Conclusion
The treaty was rejected by de Valera and split Republican opinion, but was ratified in the
Dáil after hours of heated debates. De Valera publicly denounced the paper and stated that
he
could not ‘recommend acceptance of this treaty either to Dail Eireann or to the Country’. The
vote was close at 64 votes to 57 votes, but public opinion was pro-treaty as many people
wanted peace and to rebuild their lives. This split led to the civil war which led to the deaths
of many prominent figures such as Micheal Collins, Arthur Griffith, and Erskine Childers.
The Anglo-Irish treaty was one of the most divisive obstacles faced by the Irish Free State as
the country strove towards independence. De Valera’s absence from negotiations ensured
controversy from the onset, and this was only amplified as topics such as partition and the
oath of allegiance split opinions, even amongst the plenipotentiaries. Finally, the negotiations
concluded shrouded in uncertainty in a tense and rushed manner, resulting in deep divisions
in Irish politics and society along the lines of pro and anti Treaty.

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Why were the treaty negotiations controversial?

Talks about Talks

Signing of the Treaty

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