Handwritten letter from Seán T. O'Ceallaigh to Eamon de Valera (Dublin) enclosing handwritten letter from Conor A. Maguire to Eamon de Valera
(Personal)

A Eamon a chara,

Conor Maguire has hastily written enclosed letter for you after consultation with J.W.¹ and myself.

The matter was discussed at considerable length last night as Conor was of opinion he could not well give the opinion J.W. had asked for without showing inconsistency. We decided then last night - as the whole matter was so very urgent in view of the Appropriation Bill and similar matters having to be signed before Novr. 30th - that I should phone you this morning and if necessary Conor should go out to Geneva and discuss the whole situation with you.²

At last night's meeting when the idea of putting the G.G. in Commission there was strong objection voiced by one or two. There was a suggestion too that one or perhaps even two of the three you suggested as Commissioners for this purpose might also refuse the oath. Then again why should we expect these three to subscribe when we were letting off A. O'Cinnéide.

Likewise there seemed to be some objections to the idea of getting Seoirse³ himself to act directly - even in an emergency.

It is unfortunate that the matter has to be settled, one way or another, so soon. If you had time to work out your line and have the British to carry the baby all would be well but as you know only too well we have our own difficulties to face too.

The disposition last night was to leave over the questions of the writs for the present.

(Enclosure)

Dear President,

Mr. Walshe informed me yesterday that Sir Clive Wigram had expressed a wish to see my written opinion on the question of the vesting of the powers and authorities of the Governor General in the Chief Justice.

I feel that I was already committed by the terms of the memorandum of the 5th November⁴ to the view that the exercise of the Chief Justice of the powers of the Governor General might be successfully questioned on the ground that he cannot function until he has taken the Oath. Accordingly I consider that my opinion on the interpretation of the Letters Patent must be qualified in a similar manner.

As any advice I give on this matter must be to the Executive Council I am in agreement with the Vice President - mentioned the matter at last night's meeting.

In the circumstances the council took the view that there seems no useful purpose to be found by sending my opinion to Sir Clive Wigram.

The Council decided to communicate with you to learn what are your further views in the matter and what course of action you desire we should take.