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IS DQCUMEHT IS THE ftROfiBRTY OF KIS BRITAIIKIC MAJESTY'S GQTOMBHT* H

A S E C H 3 ? , (5. T.-2467

vi A R 0 A B I U S T 4

THE SITUATION .IH IRELAND,

Memorandum by tbe Chief Secretary for Ireland.

I append hereto representations which I have received

during a recent poriod from the G.O.C. in Ireland (Sir Bryan

Mahon) and the Under Secretary at Dublin (Sir Vi. P. Byrne)

with regard to proceedings which have been taken since July

14th last and others which they think could be taken to mend

the condition of Ireland.

Sir Bryan Mahon's letter of October 5th 1917, was the

first of these communications and is in the terms following:-

Headquarters, Irish Command,

Parkgat%e, Dublin..

5th October, 1917.

Sir,

The stats of affairs in this country has lately undergone a change which renders it, in my opinion, nocossary to report to you on matters which affect the Military situation and also the administration of. the Defence of the Realm Act and Regulations.

Tho instructions contained in your memorandum, No. 15115 of tho 14th July last have been carefully followed, subject, however, to the limitations which have become necessary owing to political expediency. This aspect of tho question is ono on which.the Mili­tary Authorities must act on tho directions of the Civil Executive.

2. The death and funeral of Ashe have resulted in an outburst of popular sympathy, of 7/hieh the

. utmost use has been made by the Sinn Fein leaders, ,ln all parts of the country.

Rebel uniforms have been worn by many persons in public, arms have been openly carried in/processions, and there' is every indication of careful organisation of the dis­loyal and dangerous elements. These facts furnish evidence of the condition of the country and arc con­fiya.dby the reports of my Intelligence Officers in the Districts * particularly in the Southern District which

. is reported to be in a most unsatisfactory state.

I

These recent "breaches of the Regulations have been tacitly permitted, and open defiance of the law is likely to continue unless firm measures are again instituted which are , in my o p i n i o n , particularly necessary in cases of organised drilling, carrying arms, the wearing of uniform of a military character, and speeches containing direot incitement to immediate viclones. It is impossible to forecast the results which may accrue from the amelioration of the treatment of offenders / n i l s in prison, tut it is not unreasonable to assume t h a t tether attempts may be made to force the hands of the Government, and that such attempts may even take tho form of demanding release.

It is to be remembered that one of the aims and objects of the Sinn Fein movement is to embarrass tho Government to the greatest extent possible.

3. The dangers which may arise from the mili­tery point of view appear to me to be as follows:­

(1) An organised passive resistance against Government,,

Thiscourse of action has boen constantly hinted at by De Valera end other leaders of the Sinn Fein movement in the course of their speeches. Th3 organisation of this Party is becoming more perfect, and their followers are exhibiting d i s ­ciplino to a remarkable degree which is perhaps the most dangerous s i g n of the times As instances u

of this, I would r e f e r to the recent by-elections, where disturbances were prevented by the action of the Sinn J e i n e r s themselves. , and also to the funeral procoscion of Thomas Ashe. which v/as attended hy a vas t and h i g h l y organised procession of ten to f i f t e e n thousand jjeople entirely outside the control of the P o l i c e , A passivo resistance movement is, i n my opinion, the greatest danger we have to f a c e t It.might include a Railway strike which would most seriously affect the military situa­tion, as regards the movement of Troops and the carriage of munitions.

(2) Spasmodic outrages on Munition Works, Government stores and buildings.

Sabotage is always a possibility in Ireland, and the likelihood of such occurrences :.s these Is only increased in the light of recent events. Armed Guards are provided on vulnerable points, but these measures cannot bo regarded a s affording com­plete protection.

(3) Armed rebellion. This danger is, I consider, unlikely to occur unless an enemy landing i s efxecteS - nevertheless it 1.3 a possibility should a collision occur with the armed forces of the Orownj I am satisfied that the:

preparations which have been made to deal with any

armed rising are adequate for the purpose. 4 . I now desire to refer to the administration of

the Defense of the Realm Act and regulations. -Under the Government instructions referred to in para­graph. L of this l e t t e r . 29 persons have been triod by-Court Martial for o f i e a i a s against the Drilling Order, and 5 persons for making speeches inciting to violence. These trials have apparently had a good effect in most oarts of the country in acting.as a deterrent, but it is an undoubted fact that they tend to embitter the country sad render more probable the dangers to which reference has already been made'. This is/a measure due to reports ih the newspapers read by this class of person, whichj in endeavouring to provide acceptable matter, invariably put forward distorted versions of incidents wlixcn occur., The true facts and the Gcvern­ment views are r a r e l y brought to their notice*

If the general practice in future is to give First Division or s i m i l a r treatment to persons sentenced to imprisonment by Court Martial, these Courts may lose much of their effect and will become despised as well as ha t e d It wouldj therefore, appear n

desirable to l i m i t Courts MartialJGS ;far as possible to offences for which amelioration, of treatment is inapplicable, if other measures can be adopted for dealing with other cases.

5 0 The difficulties of the situation are accen­tuated by the fact that Courts Martial are, in nearly every part of Ireland, the only possible Courts for the trial of contraventions of the Defers of the Kealm Regulations, while many of these offences are of a minor character, o f t e n the result of mere bragadbecio, and, therefore, n a s u i t a b l e for trial by this method. It is to be r e g r e t t e d that.there is no other tribunal at which an import. .1 hearing of such Offences can be obtained, I t may here be noted that Courts-martial cannot hold to b a i l , a fact which furnishes additional argument against the trial by them of minor offences. 6. Difficulty has also lately arisen in trials for

violent speeches The Police witnesses have only beon able to produce mental n o t e s which have been committed to. writing a f t e r the conclusion of the-, meetings. This has oroved unsatisfactory as regards proof.

Ho proceedings have yet been taken against the leaders of the Sinn -Fein movement, though many of the rank and file have been tried for various offences, principally for drilling. This has caused irritation in the country and has; given additional influenco to the leaders, who consider themselves immune from hindrance .in their activities. There appears to be little prospect of improvement in the situation while this fooling continues, and I therefore desire to bring again to your notice for consideration the necessity for some action being taken against Messrs, De Valera, L. Ginnell, Darrel Figgis, John Milroy, Arthur Griffith., Madame MarkiovieZj and other prominent extremists.

--

Such action need not necessarily lead to trial or imprisonment, tout might take the form of deporta­tion or internments 1 8. The possession of & large number of arms by the Ulster Volunteers is a source of irritation to the National Volunteers whoso arms were lately

4 not seising these arms does of pretext The seized.'exist in the case of Ulster as it is unlikely that they will get into/aesirable hands, though a coup de main by tho Sinn Fein Party for the seizure of some of them is riot impossible. It is also recognised that, the risk, of the stop­page of work in the Munition Factories in the North prevents the taking of these arms by force. The only solution appears to be an arrangement by which they would be voluntarily surrendered to tho Mill­tary Authorities for safe custody.

9. In conclusion I beg to append for your information & table showing the numbers of cases in which persons have been imprisoned under sen­tence by Court3-martial, during two periods -

A. 12 months from 14th July, 1916 - 14th July, 1917, S . months from 14th July, 1917, to 1st October,

1917,

In this connection I desiro to state that since -the release of tho Rebel prisoners on 16th June, 1917, I myself, and the Competent Military Authorities acting under me, have determined to take no proceedings under the Defence of the Realm Regulations in many cases which would unquestionably havo boon tried by Courts martial a year ago.

I have the honour to be, Sir,

four obedient Servant, (Signed) B* MAHQN.

Lieutenant-General, COMMANDING- IN-CHIEF

THE FORCES IN IRELAND.

The Right Honourable, Hi E; Duke, K.Co7I££p.,

Chief Secretary for Ireland;

(Copies sent to tho Chief of the Imperial General Staff, and to the Field-Marshal Commanding-in-Chief. Home Forces)

3o.-cF"cases "Ho".of cases llURB OF O F F M J E . d u r i ^ p e r i o d toilerlod

14/7/17, lAO/17.

)ncea against Drilling Order. . 3 29 tious statements 12 . 5 ying fir earns. 2 3 iossion of iimmunition. 0 1 ,ructing Police. 8 0 do. Military Police. 0 5 ying v/eapons of Offence . 0 4 ing Uniform. 0 1 ishing Confidential Papers. . 2 0 ug Rifles from Soldiers. 2 ̂ ,L 0̂

.,, 29 48 The above letter v/as written at the height of the popular itomont caused by tho death of Thomas Ashe, and after personal cussion uith the General I took no steps to vary.or procure a iation of the measures resolved upon by the War Cabinet in July, islation v/ould be needed to set up any other tribunals than those ch he describes, and Y/hose inadequacy is one of the difficulties the problem of Irish administration. After the House of Commons ltd of October 23rd I received a further letter from Sir Bryan in ch he said

"Drilling is very much on tho increase during the last week, also -the rearing of uniform. Ue have been arresting.a fevr leaders for both offences but something more must be done if it is to be stopped, end of course, the longer it is allowed to continue the more dangerous it becomes.

There have also been several very bad spoecnes come to me, ­but I have taken no notice of speeches pending a decision as regards hem the leaders ore to be dealt rath or if oney ore to be taken notice of". On receiving this letter on October 29th I inquired by telegram

[&rt. , particular action Sir Bryan intended to recommend end receivod foi following telegrophed reply

Chief Secretary..

1

Chief Secretary. Y/ith reference to your wire of today to the U . S . my .

views are sot out in my letter to you of the 5th inst. , No.66315/A*2c and more especially in Para.70

In my opinion recent events have increased the advisability of action such as I mentioned.

(Signed). i/MAHON. Dublin.­29th Oct. 1917.-

I also received on Oct. .31st tho following letter i-Headquartersj Irish Command, Parkgate, Dublini

30th October, 1917. My dear Mr.Duke,

I am quite convinced that our present methods or by bringing beforo the R.M. and binding to good behavour for 12 months will not stop drilling or rearing of uniform nowi

The only measure I can suggest is the arrest and deportation out of IreJLand of the leaders. I think there would nave To De"'Te£ween;140 and 180 arrests when this is donee I think, the question can thus bo effect­ively dealt with but not otherwise, Dispersing the parties drilling by the troops I do not advise except as a last recourse, - as it will mean bloodshed.- It would be worse than useless employing troops in any half measure way.

I really think the time has arrived for some strong measures to bo taken. Clemency has been given a good trial and without satisfactory results.

Yours very sincoroly,­(Signed). B.MAH0N.

Meantime I had continued to give directions as to current administrative questions on the lines laid down by the docision of the War Cabinet in July and in the discussions which took placo in the War Cabinet on 0ct*23rd end 0ctV-24th, before and after tho Debate in the Houso of Commons. I have also called for and have sinco receivod particulars of such proceedings of the individual members of the now Sinn Poin organization as would have to be considered if it became necessary to decido whether they or any of them should bo placed under arrcstc On tho balance of the varied considerations involved,. I came to the conclusion that I ought to

exercise

r

v

erciso tho discretion loft to mo by the War Cabinet on Oct.24th refraining at the moment from m y such arrest, or arrests. The bsonce of any directions in this respect appears to have been the ruse which elicited from the Under Secretary the following inuto which reached me on Sunday., October 23th.

Chief Secretary: There arc a considerable number of cases

of drilling, often in uniform, of a serious charactor vrhich are now under consideration and Sir Bryan Liahon reports that this offence has been increasing and seems likely to in­creaso. Ho has before him some 17 or 20 serious cases which will -apparently result in convictions end smart sentences. Some of them have already been submitted to you. The.General Officer Commanding in Chief has been proceeding on the linos

'bjoct. of the drilling was military efficiency and organisation. This seems to be' the only course that is in accordonco with the wishes of Govcrnmont as expressed in the House of Commons ­last- Tuosday.

proceed opa .vyhave no sense of security here until the leaders and tho more prominent organisers^andjxrdtators""arp put of "Ireland, and - safely intcrnocT across tno QliannoTT

rYou arc no doubt "in possession of the vibv.s of tho Irish Convention on tho subject of action against sedition Tftit it is hord to believe that those viov/s nave not been modi* fiod now that Sinn Fein has become openly a treasonable association with which no Constitutional party could confessedly ally itself* I cannot help fooling that if- . tho Irish Convention cannot take up the attitude that it is an Assembly of Irishmen seeking a bettor Government of their Country on Constitutional lines, and having no truck with,0** dependence-on traitors, it is not likely to arrivo at any result. ...

(Intd.) Wo- P. B .

27th October, 1917. '

I responded by an inquiry "what is the exact nature of the

action suggested, who are the persons involved, and when is

it suggested action should take place?" The Under Secretary

replied in the Minute appended hereto, dated Oct. 30th, 1917,

which was accompanied by the annexed paper headed "Declaration

of Government Policy".

MINUTE BY UNDER SECRETARY TO DUBLIN ADDRESSED TO CHIEF SECRETARY.

My note of Saturday 27th instant was not in* tended as a definite proposal for immediate action but as a submission to you of the difficulties in executive action which we encounter in endeavouring to give effect to the Government declaration of policy in Parliament last week, and a suggestion that a oertain course - viz: re­moval from Ireland and internment - might at once or presently be found the best resource.

The executive difficulties are:

(i) the considerable number of cases which will have to be dealt with by Courts Martial even if all trivial cases are discharged without trial:

(ii) the unsatisfactory situation of the CM.A. in having ten punish the small fry while the major offenders are left alone; and

(iii) the unsuitability of imprisonment as a mode of dealing with theso offenders.

(a) In many cases detention, and not punishment, is what is needed.

(b) The relaxations of prison discipline which have, to be allowed upset the whole Prison system and the discipline of the Staff.

(c) The relaxations are difficult to give effect to in an ordinary Prison, and are sometimes such as are needed to bribe the prisoners into good be­haviour and to satisfy Visiting Justices who are not over-wise or over-loyal, and not such as the Prison Authorities themselves regard as desirable.

(d) With such Visiting Committees and such a Press as exists in Ireland, relaxa­tion tends to mean anarchy or govern­ment"feythe prisoners themselves. In an internment camp such government could be largely admitted.

(e) Imprisonment involves questions of forcible feeding and the use or the Cat-and-Mouse Act which in this ill-formed and excitable Country

t always raise trouble. (f) Internment would give the offenders

what they ask for - "the treatment of prisoners of war". I believe they would hate it when they got it, but in Great Britain they would get no more sympathy than do the conscientious objectors, and would have to grin and boar it, instead of succeeding in weakening the Government, as they do here.

If a policy of internment were found expedient, I would suggest that.it should be applied forthwith to some ten or twelve of the leaders including De Valera, Ginnell, Father 0'Flanagan, Plunkett, Stack, Figgis, Markievicz, Milroy, and several others, men and women, but not Griffith or MacNeill. Also at once to some 2 0 or more of the leading and persistent drillers and organizers, and afterwards individually to each fresh offender as he was brought to book. They might soon amount to 1 2 0 or mere. You have all their names and careers in the papers which have been prepared for you.

Such a step would, of course, raise the cry - "What abp,ut the Convention?" You have better opportunities than I have of forming a judgment on this point. But I think that the rocks on which the Convention may split ­quod Deus avertat - are three

1 . A considerable rebellion of any nature, or open obstruciion of the law in Ireland;

ii. The refusal of the Unionists and the loyal minority to hand themselves over to a country in which disloyalty was wide­spread and unchecked; and

iii. The desertion of the "County Council Party" through sympathy with, or fear of, or anxiety to get the votes of, the Sinn Fein organization.

Of these dangers I think the last is the least likely to be realisofi: but *oy knowledge i 8 very imperfect.

*

It would of course be quite, possible, notwithstanding the emphatic declarations of the Prime"Minister, to go on with the policy which we have been carrying on under your directions after the Cabinet Conference . But I believe this would subject us to the danger. not indeed of a formidable military rising-.-- but of such extensive and well-planned organization of a semi­military character against the Government as would endanger the enforcement of law, distress the loyal population, and discourage the Police, conceivably in the long run sapping their discipline. Internment would possibly involve an amendment, of the D.R.R. , and this would be the case eventually if the policy adopted were

removal to England followed "by internment in the case Of misbehaviour.

The reasons justifying removal are those set out in the first iLoee of D-R,R^ 14:- and these reasons would justify internment also, i£ internment were found hecessary to bring to an end the agitation carried on by the offenders. It might be argued that "hostile associations" within the meaning of D.R.R. 14 B could not be held to be proved in the case of Sinn Feiners notwithstanding their adoption of the Irish Republican Proclamation with its reference to "foreign allies". If so, the Regulations would require amendment.

Deportation, if adopted, should be carried out suddenly, and as sodn as the Government is satisfied that it is an advisable course.

(Intd) W.P.B.

30th October, 1917,

- 11 -

ANNEXE TO UNDER SECRETARY * S MI MITE

DECLARATION OF GOVERNMENT POLICY.

The Chief Secretary used the following words;

"The criminal opinion which aims at secession by force out of the British Empire."

After giving instances of arming and drilling he. said:­

"His Majesty^ Government will, to the best of their power, prevent and stop criminal acts of the kind."

"While, as we hope,a new Constitution for Ix-eland is in the making, and while great masses of Irishmen are inspired with the same hope, then no matter what the extreme character of the poli­tical controversy, if we can keep it within bounds and reconcile it with safety, there shall be no arrest which can properly be avoided. Nothing would have been more helpful to this pro­paganda cf rebtjllion than that we should have embarked on wholesale arrest of everybody who was concerned. There have been no arrests except in the case of people who incited to violence or took part in deliberate or determined infringc­ment of regulations intended for the public safety There will be no arrests, so far as I am con­cerned, except within those narrow limits."

The PRIME MINISTER said that, in his opinion, De Valerns utterances were plain, deliberate and cold-blooded incitements to rebellion.

He laid down three essentials of policy ­

i. incitements to rebellion cannot be permitted:

ii. marching in streets and drilling in Ireland means rebellion. "Organisa­tion for rebellion must be stopped."

iii. The Sinn Feiners are organising rebel­lion for sovereign independence. "It is better that we should say at once that under no conditions can this country possibly permit anything of that kind".

Within three day3 the Sinn Fein Convention adopted a Constitution which, basing itself on the Proclamation of a Republic at the Easter rebellion, set forth as the main objects of 3inn Fein organi­sation:­

( 1 ) to deny the right and oppose the will of the British Crown and Parliament as ex­pressed in legislation;

(2) to make use of any and every means avail­able to render impotent the power of England to hold Ireland in subjection by military force or otherwise.

In pursuance of this policy, De Valera, a few days later at Bailieboro, said:­

"The Sinn Fein leaders are all out for inter­national recognition of a free and independent Irish Republic, They would use any methods and means which were in. accordance with the moral law and the will of the Irish people. They had a perfectly legitimate right to seek to attain their freedom by force of arms if a suitable opportunity presented itself. They had a moral right to arm and defend themselves (against Conscription). Physical force was not morally wrong."

The course I have followed during the days since the House of

Commons Debate has been to keep informed by postal reports and

also by information telegraphed daily whether the leaders of the

Sinn Fein movement are accepting the warning given them in the

House of Commons, or whether they or any of thejc committed acts

which left no alternative but to arrest him or them. I am told

from various quarters that restraint is being shown. I am not

sure as to this, since nothing very definite has occurred. As

matters stand, however, I have learned separately from the Lord-

Lieutenant, the Attorney General, the Solicitor General, and the

Assistant Undersecretary, that they individually think it would

not be wise to take the steps described in the memoranda of the

Commander-in-Chief for the Under Secretary.

(Initialled) H.E.D.

ist November, 1917