The Treaty and its Key Terms * PART OF CASE STUDY

Counting Down to the Agreement

• On 1 December, Lloyd George presented the Irish delegation with a final draft of the treaty. The key points of the proposal were:
  • Ireland would be a dominion of the British Empire, similar in status to Canada.
  • The King would remain the head of state, and all Irish parliamentarians would swear an oath of allegiance to him.
  • Northern Ireland could opt out of this arrangement, but if they did, a Boundary Commission would be established to redraw the border between the North and South.
• The Irish delegates took the draft treaty back to Dublin, and the Cabinet met on 3 December to discuss it.
• The tension was palpable, exacerbated by the fact that Collins, Childers, and Duffy had just arrived from a grueling journey and had had no sleep.
• Their boat, involved in an accident, had docked less than an hour before the meeting began. The Cabinet meeting lasted for an intense seven hours.
• Arthur Griffith believed that the British had offered more than could reasonably have been expected.
• While all delegates accepted the Boundary Commission as a solution to partition, there was significant debate around the dominion status and the required oath to the King.
• In light of these discussions, Griffith suggested that De Valera should go to London himself to meet Lloyd George. De Valera, however, reluctantly declined, promising to revisit the matter if necessary.
• During the heated discussions, tensions within the Cabinet boiled over, with Griffith and Cathal Brugha nearly coming to blows.
• When Brugha suggested that the British had "selected its own men" to negotiate, Griffith leapt to his feet in anger. He accused Brugha of making an unfair remark, which Brugha only retracted under pressure.
• The meeting ended abruptly because the delegates had to catch the night boat back to London. The exhausted Irish delegation, arriving in London on the morning of 4 December, was met with further challenges.
• The British had rejected external association for the fourth time, and Lloyd George, upon hearing from George Gavan Duffy that the Irish delegation's primary issue was the status of the empire, saw an opportunity. The British walked out of the talks, seemingly signalling the breakdown of months of hard-fought negotiations.
• Lloyd George, however, was not ready to give up. That evening, he sent Tom Jones to persuade Collins to rejoin the talks.
• Collins expressed concern that the Boundary Commission would not successfully end partition. Reassuring him, Lloyd George promised that the commission would remove so much of Northern Ireland that the remainder could not survive economically, effectively ensuring the end of partition. Satisfied with this assurance, Collins agreed to continue the negotiations.
• On the afternoon of 5 December, Lloyd George met with Griffith, Collins, and Robert Barton. He presented them with an ultimatum: The Northern Ireland parliament was due to meet the next day, and he had promised James Craig he would inform him of the treaty's fate. Lloyd George asked if the Irish delegation accepted the Boundary Commission proposal.
• Lloyd George then produced a memo that Griffith had signed on 13 November, demanding to know if Griffith intended to honour his commitment to the Boundary Commission. Griffith angrily denied any intention to break his word.
• Lloyd George then made a significant concession, offering Ireland the right to protect its industries with tariffs on British imports—a key demand for Griffith.
• He also agreed to rewrite the oath to align more closely with De Valera's concept of external association, although it still involved a commitment to the British monarch.
• As Lloyd George pressured the delegation to sign, Barton and Duffy hesitated, debating the implications of their decision for several hours.
• Eventually, they realised that failing to sign the treaty could result in renewed war, and they reluctantly agreed.
• On 6 December, in the early hours of the morning, Griffith, Collins, and Barton returned to Downing Street and signed the Articles of Agreement for a Treaty between Great Britain and Ireland.

The Terms

The treaty, finalised in 18 articles, outlined several critical points that would shape the future of Ireland:

1. Articles 1 and 2 recognised the Irish Free State as a dominion within the British Commonwealth, akin to the Dominion of Canada. This status was significant because it granted Ireland more autonomy than previously enjoyed while still keeping it within the framework of the British Empire.
2. A Governor-General would represent the King in Ireland, and all members of the Irish parliament would swear an oath of allegiance to him. The governor-general could be Irish, and the oath was framed to be an allegiance to the Irish parliament and faithfulness to the King.
3. The Irish Free State would be responsible for paying a share of the UK war debt, contributing to the financial obligations of the broader Commonwealth.
4. The British Navy would retain use of the strategic ports of Lough Swilly, Berehaven, and Queenstown (Cobh), ensuring that Britain maintained a naval presence in Ireland.
5. If the parliament of Northern Ireland opted not to join the Free State, a Boundary Commission would be established. This commission would include one representative each from the governments of Northern Ireland and the Irish Free State, with an independent chair appointed by the British government. The commission's task would be to determine the borders between Northern Ireland and the rest of Ireland, considering the wishes of the inhabitants and economic and geographical conditions. Both delegations now had to present the treaty to their respective parliaments—Westminster and the Dáil—for ratification before it could become law.

However, the reaction of key Irish officials back home would complicate things even further and, many believe, lead to a Civil War—a Civil War that will be discussed in the next few key notes.

Answering Key Questions on the Negotiation Process and the Treaty Terms

1. What were the key terms of Lloyd George's final draft of the Treaty?

• The key terms included the establishment of the Irish Free State as a Dominion of the British Commonwealth, with the same status as Canada.
• All members of the Irish parliament were required to take an oath of allegiance to the British Crown. Northern Ireland had the option to opt out of the Free State, and if it did, a Boundary Commission would be established to redraw the border between Northern Ireland and the rest of Ireland. The British navy would retain the use of certain Irish ports.

2. Describe the Cabinet meeting of 3 December 1921.

• The Cabinet meeting on 3 December 1921 was tense and prolonged, lasting for seven hours. The Irish delegates, exhausted from their journey, discussed Lloyd George's final draft of the treaty.
• Significant disagreements existed among the Cabinet members, particularly over the oath of allegiance and dominion status.
• Arthur Griffith supported the treaty as the best possible deal, while others were more hesitant. Éamon de Valera suggested Griffith return to London, although the delegates were reluctant about the terms being offered.

3. What was Griffith's opinion of the Treaty?

• Arthur Griffith believed that the treaty was a reasonable and acceptable compromise, given the circumstances.
• He felt that the British had offered more than could have been expected, particularly with the inclusion of the Boundary Commission and the degree of autonomy afforded by dominion status.
• Griffith saw the treaty as a practical solution that could secure peace and stability for Ireland while still allowing for future progress toward greater independence.

4. What role did Tom Jones play in persuading the Irish delegates to sign the Treaty?

• Tom Jones, a British official and close advisor to Lloyd George, played a critical role in persuading the Irish delegates to continue negotiations when talks were at a stalemate.
• On the evening of 4 December 1921, he was sent to speak with Michael Collins, addressing Collins' concerns about the Boundary Commission and assuring him that it would effectively reduce Northern Ireland.
• Jones emphasised the potential consequences of failing to reach an agreement, helping to sway Collins and the other delegates toward signing the treaty.

5. Describe what happened on 5 December. What deadline did Lloyd George set? What final concessions did he offer? What did he threaten if they did not sign?

• On 5 December, Lloyd George met with Griffith, Collins, and Barton, setting a deadline for the Irish delegation to accept the treaty terms.
• He insisted that the Northern Ireland parliament was due to meet the next day, and he needed an answer by then.
• As a final concession, he offered a revised wording of the oath and the Boundary Commission to redraw the border.
• Lloyd George warned that failure to sign the treaty would result in a resumption of hostilities, with war breaking out again within three days, which he described as "immediate and terrible."

6. How did Lloyd George persuade Griffith to sign?

• Lloyd George persuaded Griffith to sign by reminding him of the agreement they had reached earlier and by playing on Griffith's fears that rejecting the treaty would lead to renewed conflict.
• He presented the treaty as the best possible deal that preserved Irish autonomy while avoiding war.
• Additionally, Lloyd George emphasised the limited options available and the potential benefits of the Boundary Commission, which could lead to a more favourable outcome for Ireland in terms of border adjustments.

7. Why did Michael Collins decide to sign the Treaty?

• Michael Collins decided to sign the treaty because he believed it was the best possible compromise under the circumstances.
• He recognised that rejecting the treaty would likely lead to a resumption of violence, which would have devastating consequences for Ireland.
• Collins also saw the treaty as a stepping stone toward full independence, providing the Irish Free State with significant autonomy and the possibility of further progress.
• He was motivated by a pragmatic understanding that this agreement, although imperfect, was a way to secure peace and begin the process of building a sovereign Irish state.

8. Who held out longest against signing? Why?

• Robert Barton and George Gavan Duffy held out the longest against signing the treaty.
• Barton was particularly conflicted because, although he was committed to the republican cause and hesitant to accept anything less than full independence, he ultimately could not bear the responsibility for the renewed war that might result from rejecting the treaty.
• Duffy also resisted because of his strong republican principles and doubts about the treaty's terms, especially the oath of allegiance. Both men eventually signed, recognising the potential consequences of refusal.

9. Outline the main terms of the Treaty.

• The main terms of the Anglo-Irish Treaty included the establishment of the Irish Free State as a dominion within the British Commonwealth, with a status equivalent to that of Canada.
• The treaty required members of the Irish parliament to swear an oath of allegiance to the British Crown.
• It also allowed Northern Ireland to opt out of the Irish Free State, with a Boundary Commission set up to adjust the border if needed. The British retained use of certain naval ports in Ireland, and the Irish Free State agreed to pay a share of the UK war debt.

10. Draw up a timeline of important events from 1 to 6 December, which led to the signing of the Treaty.

• 1 December: Lloyd George presents the final draft of the treaty to the Irish delegation.
• 3 December: The Irish Cabinet meets in Dublin to discuss the treaty; Griffith reluctantly agrees to return to London.
• 4 December: The Irish delegation arrives back in London; Lloyd George pressures the Irish delegates, threatening to collapse the talks.
• 5 December (Morning): Collins meets with Lloyd George and expresses concerns about the Boundary Commission; later that afternoon, Lloyd George sets a deadline for the Irish to sign.
• 5 December (Evening): Lloyd George demands an immediate answer, threatening war if the treaty is not signed. Griffith, Collins, and Barton agree to sign.
• 6 December (Early morning): The treaty is signed at 2:10 a.m., with the Irish delegation agreeing to the terms.