Memorandum by Joseph P. Walshe, in the form of speaking notes for Patrick McGilligan, on the Kellogg-Briand Pact
(Copy)

I

Sir Austen Chamberlain's Letter

In the last paragraph of Sir Austen Chamberlain's letter he states specifically that he speaks only on behalf of His Majesty's Government in Great Britain. But he declares that this latter Government could only participate jointly and simultaneously with His Majesty's Governments in the Dominions.

Why jointly and simultaneously? The expression is too strong, but it is true that the position of the other Members of the Commonwealth - should one of them refuse to renounce war as an instrument of national policy - would become exceedingly difficult. The abstaining member would become rightly suspect not only to the other Members of the Commonwealth, but to all the other signatory states and its relations with all nations would seriously embarrass the position of the Commonwealth as a whole.

II

The Full Power

The full power to sign the Kellogg Pact was issued to the President of the Executive Council on the advice of the Executive Council. It is important to remember that prior to the Commonwealth Conference of 1926 the full power issued to a plenipotentiary of the British Government was so worded as to cover all the territories over which the King reigns. At the Geneva Naval Conference for the first time in history Great Britain's full power was restricted to the jurisdictional area of the British Parliament - that is the full power held by Great Britain was restricted in exactly the same way as the full powers of the other States Members of the Commonwealth, each power being limited to the jurisdictional area of the parliament concerned. The Pact for the Renunciation of War was, of course, signed under similar full powers.

The Seal Used In The Full Power

A good deal has been said about the significance of the use of the Seal of the Realm. The seal is geographically situated in Great Britain. It is in the custody of the Lord Chancellor and the King's warrant, authorising the issue of the seal, is countersigned by a British Minister. It has been argued by some writers on the Commonwealth that this counter-signature involves some control over the operation of the advice tendered to the King by the other Governments of the Commonwealth. I wish now to say publicly that the release of the seal takes place automatically on the advice of the Government concerned and that the British Government do not regard the releasing of the seal for use on behalf of a Dominion as having any other effectual cause than the advice of that Dominion.

III

The Ratification

The Pact is being ratified by the King on the advice of the Executive Council.

The Instrument is a separate instrument prepared for the signature of the King by the Department of External Affairs. It is the first time in history that an international political treaty is being ratified by a Member of the Commonwealth other than Great Britain through a separate instrument. It is, of course, also the first time that the Saorstát has taken part in the negotiation and conclusion of such a treaty. It will be remembered that the Geneva Naval Conference did not succeed in coming to any agreement. Ordinary intergovernmental agreements (generally of an administrative character) are ratified on behalf of the Government over the name of the Minister for External Affairs.

In order to put these forms more readily at the disposal of the Dáil, I shall soon lay on the table a paper containing the form of the different full powers and ratifications used by the Irish Free State.

IV

Regency Counsellors

The Ratification is being signed by the Queen, the Prince of Wales and the Duke of York, on behalf of the King. The method of appointing regency counsellors still follows an old precedent. They are appointed on the advice of the British Privy Council. The Government of the Irish Free State hold that this method is antiquated and out of harmony with the relationship existing between the Members of the British Commonwealth in view of the principle that the King should be advised in matters concerning the Dominions by the Governments of the Dominions. The matter will no doubt come up for discussion at the next Commonwealth Conference.

V

Publication Of Correspondence Exchanged With America

There is no objection to publishing this correspondence in a white paper if the Oireachtas wishes. It has already been published in several forms and the Government did not think it necessary to publish it in a special white paper.