Stack, as part of his role as Minister for Home Affairs, is widely credited with the creation and administration of the Dáil Courts. These are courts run by the Irish Republican Army (IRA) in parallel and opposition to the judicial system being run by the British government. The IRA and Sinn Féin are highly successful in both getting the civilian population of Ireland to use the courts and accept their rulings. The success of this initiative gives Sinn Féin a large boost in legitimacy and supports their goals in creating a “counter-state” within Ireland as part of their overarching goals in the Irish War of Independence.
The Second Dáil responds favourably to the proposal from King George V on June 22, 1921 for a truce, which becomes effective from noon on July 11, 1921. This is upheld by nearly all of the combatants while the months-long process of arranging a treaty gets under way. The Truce allows the Dáil to meet openly without fear of arrest for the first time since September 1919, when it had been banned and driven underground.
On September 14, 1921, the Dáil ratifies the appointment of Arthur Griffith, Michael Collins, Robert Barton, Eamonn Duggan and George Gavan Duffy as envoys plenipotentiary for the peace conference in England. These envoys eventually sign the Anglo-Irish Treaty on December 6. The debate on the Treaty starts on December 14, and continues until January 7, 1922. On that date, the Dáil approves the treaty by 64 in favour to 57 against. As the leader of the anti-Treaty minority, de Valera resigns as President. He allows himself to be nominated again, but is defeated on a vote of 60–58. He is succeeded as president by Arthur Griffith. The anti-Treaty deputies continue to attend the Dáil, with de Valera becoming the first Leader of the Opposition in the Dáil.
The ratification specified by the Treaty is by “a meeting summoned for the purpose of the members elected to sit in the House of Commons of Southern Ireland.” The Dáil vote does not fulfil this because four unionists are absent and one Northern Ireland member is present. The requisite approval comes at a separate meeting on January 14, 1922, attended by the unionists and boycotted by anti-Treaty TDs. The meeting also approves a Provisional Government led by Collins, which runs in parallel to Griffith’s Dáil government and with overlapping membership. The Government of Ireland Act 1920 requires the Commons to be summoned by the Lord Lieutenant and its members to take an oath of allegiance to the king, whereas the meeting on January 14 is summoned by Griffith and the members present do not take an oath.
Barton is one of the Irish plenipotentiaries to travel to London for the Anglo-Irish Treaty negotiations. His cousin is a secretary to the delegation. He reluctantly signs the Treaty on December 6, 1921, defending it “as the lesser of two outrages forced upon me and between which I had to choose.”
Barton is defeated at the 1923 Irish general election and retires from politics for the law, practicing as a barrister. He later becomes a judge. He is chairman of the Agricultural Credit Corporation from 1934 to 1954. He dies at home in County Wicklow on August 10, 1975, at the age of 94, the last surviving signatory of the Anglo-Irish Treaty. Éamon de Valera dies only nineteen days later, on August 29, 1975.
Glendalough House, run by Barton for over 70 years right up until his death, is still considered one of Ireland’s most notable properties, alongside nearby Powerscourt Estate. The house is the center of numerous political meetings and gatherings from 1910 to 1922. It has also been featured as a location in many large Hollywood films including Excalibur, Saving Private Ryan and Braveheart.
Under the Irish Republic‘s Dáil Constitution adopted in 1919, Dáil Éireann continues to exist after it has ratified the Anglo-Irish Treaty. In protest at the ratification, Éamon de Valera resigns the presidency of the Dáil then seeks re-election from among its members in order to clarify his mandate, but Arthur Griffith defeats him in the vote and assumes the presidency.
The Provisional Government takes office two days later on January 16, 1922 when British administration hands over Dublin Castle to Collins in person. At this time, Westminster has not formally appointed the new Irish ministers or conferred their government with any powers.
The handover of Dublin Castle to the Provisional Government is one of the earliest and most remarkable events in the short life of the Provisional Government. For centuries Dublin Castle is the symbol, as well as the citadel, of British rule in Ireland. The transfer of its Castle administration to the representatives of the Irish people is greatly welcomed in Dublin. It is regarded as a significant outward and visible sign that British rule is ending.
By mid-1922, Collins in effect lays down his responsibilities as Chairman of the Provisional Government to become Commander-in-Chief of the Irish Army, a formal structured uniformed army that forms around the pro-Treaty Irish Republican Army (IRA). As part of those duties, he travels to his native County Cork. En route home on August 22, 1922, at Béal na Bláth, he is killed in an ambush. Arthur Griffith dies of a cerebral haemorrhage ten days prior to Collins’ assassination. After Collins’ and Griffith’s deaths in August 1922, W. T. Cosgrave becomes both Chairman of the Provisional Government and President of Dáil Éireann, and the distinction between the two posts becomes irrelevant.
(Pictured: The Provisional Government of Ireland with President Arthur Griffith (front row center) and his cabinet and party includng Michael Collins (to Griffith’s right) likely taken at the Mansion House in February 1922)
Éamon de Valera calls a cabinet meeting to discuss the treaty on December 8, where he comes out against the treaty as signed. The cabinet decides by four votes to three to recommend the treaty to Dáil Éireann on December 14. Though the treaty is narrowly ratified, the split leads to the Irish Civil War, which is won by the pro-treaty side.
Dáil Éireann votes to approve the Anglo-Irish Treaty on January 7, 1922, following a debate through late December 1921 and into January 1922. The vote is 64 in favour, 57 against, with the Ceann Comhairle and three others not voting. The Sinn Féin party splits into opposing sides in the aftermath of the Treaty vote, which leads to the Irish Civil War from June 1922 until May 1923. The treaty is signed in London on December 6, 1921.
To satisfy the requirements of the British constitution, the treaty also has to be ratified by the House of Commons of Southern Ireland. Thus Irish nationalists end their boycott of the home rule parliament to attend the southern House of Commons as MPs. This they do alongside the four Unionist MPs who had refused to recognise the Dáil. In this way the treaty is ratified a second time in Dublin, this time unanimously as the anti-Treaty TDs refuse to attend.
Under the terms of the Anglo-Irish Treaty a provisional parliament, considered by nationalists to be the Third Dáil, is elected in the 1922 general election on June 16. Collins and Éamon de Valera agree a pact between the pro- and anti-Treaty wings of Sinn Féin and this pact and the elections are endorsed by the Second Dáil. The new assembly is recognised both by nationalists and the British Government and so replaces both the Parliament of Southern Ireland and the Second Dáil with a single body. The anti-Treaty groups of IRA members, TDs, and their supporters are still bitterly opposed the settlement, despite the election result, and this leads to the Irish Civil War.
(Pictured: Second All-Ireland Dáil Éireann, elected in 1921)