Desmond FitzGerald to James McNeill (London)
(Copy)

My dear High Commissioner,

In the matter of implementing Article 12 of the Treaty, the Ulsterior aim has been to represent the issue as one between two Governments fighting about territory, whereas the Article does not contemplate governmental claims at all, but makes 'the wishes of the inhabitants' the main factor.

'The inhabitants,' however, so far as they have found a voice, have practically acquiesced in the notion of a governmental tug-of-war. No body of them anywhere has come forward to claim a locus standi. They worry their respective Governments but they do not realise that the Treaty has invested them with rights, which are also statutory rights in virtue of the ratifying Acts. Their failure to understand this and to act upon it is now as much as ever fostering the notion that their locus standi can be ignored.

It is not at all necessary that all the inhabitants who desire a change of the boundary should act in common. In fact, any one of them or any group is competent to demand the fulfilment of the Treaty in his or their respect, to put forward a case, and to claim a hearing. Naturally, the case will be stronger the larger the number who unite in presenting it and the better they organise their action.

It would be a great mistake, however, to take no action until all could act together. That would mean a long delay, and the present muddled state of mind would lead to muddled action. The first body that moves in the right direction will be a nucleus round which the rest will rally and adhere.

It is highly needful that the first movers should move in the right direction, with their minds clear and their line understood. They need not lose themselves in trying to have everything settled to their pleasure at the outset - extent of zone, area of local plebiscite unit, plebiscite register, etc. They could easily tie themselves up in controversies on such points which might defeat their principal aim - and there are sure to be local statesmen who will want to show their form in this way.

The doctrinaire Republicans are already preaching against any action under the Treaty - that is, those of them who reside in the areas concerned. This is probably dictated from outside. They are doing this on the quiet. An organised move to obtain a locus standi for the inhabitants will force this policy to declare itself. The result will inevitably be a slump from the doctrinaires and discredit for them within and without. The longer the organised move is deferred, the more the doctrinaires will become crystallised, and in certain localities they might succeed in forming a considerable body of abstentionists.

Cahir Healy and Harbinson are the naturally suitable persons to take the lead in organising the inhabitants.¹ The process will no doubt begin with the formation of committees in the best centres. Care should be taken to have the work taken up in Derry and Newry as well as in Tyrone and Fermanagh. There should be no avoiding of publicity - rather the contrary, but not to the extent of mere trumpeting.

While a plan of organisation by localities should be in mind, there should be no waiting for simultaneous activity. The bodies organised should refrain from anything resembling party demonstrations and concentrate on one object, to secure that the wishes of the inhabitants in each locality shall be ascertained by plebiscite. The extent of the organisation will help to determine the extent of the plebiscite zone.

In some localities, it is reported, there is apathy. These should be left alone until the others are on the move - they will soon come into line. 'Left alone' does not mean ignored', only that formal organisation should wait until the movement is shaped elsewhere.

Perhaps you could see Cahir Healy and Harbinson, or in any case Cahir Healy, and put it to him that he might get a move on to get the people in the various areas to organise themselves to put forward their demands.