Memorandum from Eamon de Valera to Arthur Griffith (London)

Yours of the 13th received with memo of the proceedings of sessions of the 13th.¹

ULSTER : I am sending you the Ulster Draft Clause.² It hasn't been submitted to the Cabinet, but I do not anticipate any objection as to the principle - the phrasing is of course open to alteration. I have scarcely changed it at all as you notice.

In connection with the Ulster business, [Eoin] MacNeill suggested to me that if there is an attempt made by them to put us in a dilemma over it, we should say 'You have done your best to make it insoluble. You are determined now that it be insoluble. We must leave it over altogether, leaving the matter to work itself out later'. Father O'Flanagan pointed out to me to-day that the terms of reference of the 'Association of Ireland with the British Commonwealth' excluded (1) Ulster representation at the Conference, and (2) the question of Ireland and Great Britain relations. I do not think that this could be strictly upheld even as a technical point. I give it to you because of its suggestiveness.

TRUCE : I am not replying to Childers's memo because of a wire he sent me to-day asking me to postpone reply. I think we should avoid giving them any express undertaking as regards our civil functions. To their complaints I would simply reply 'Publicity of the Courts, etc. is not our policy. The publicity given in Dublin and some other places was not authorised by our Headquarters, and we shall continue to discourage publicity. We cannot go beyond that'. Court decrees must be executed, and the sanction of force must be there. Before the truce force would have been used, and was used where necessary. It seems to me we cannot give way an inch on this question of the civil functioning, but it is certainly too bad that the other side should have got the opportunity which the blaze of publicity gave them. I would advise if the discussion is continued, that you call over the Minister of Home Affairs.³

OTHER CLAUSES IN THE TREATY : Childers and Duffy may have told you their views with which I agree, that it is better to keep as far as possible in separate Treaties the questions relating to (1) Finance, (2) Trade, (3) Constitution agreements, and (4) Joint Commission arrangements, restricting the main Treaty to the broad question of 'Association', including neutrality as covering defence. They told you, also, I expect, of the preliminary counter proposals which I characterised as the 'A' series, the breaking proposals which I called the 'B' series, and the draft for a contemplated agreed signed Treaty which I called the 'S' series. These 'A', 'B', and 'S' of drafts would all be drawn up from their own peculiar angle - 'A' to form the tactical basis for discussion in conference, 'B' for propaganda value, and 'S' from the strictly legal point of view securing the maximum advantage in the most binding form. They are all of course closely related but in the different series the point of greatest stress is different. The Secretariat should spend all its spare time in preparing these. I will do my best to help from here, and will send on a revise of the 'A' and 'B' drafts which I gave to Childers, Duffy, and Chartres on the eve of their departure. We must depend on your side for the initiative after this. I hope to send my revises to-morrow. I am simply availing of the courier who will be travelling over to-night on other business.