Irish republican legitimatism

A principle within Irish republicanism, the concept of Irish republican legitimatism denies the legitimacy of the political entities of Republic of Ireland and Northern Ireland and argues that the pre-Partition Irish Republic continues to exist. The term describes aspects of, but is not synonymous with, abstentionism.

The only political party to subscribe to this principle is Republican Sinn Féin which, running on an abstentionist platform, received 2,522 first preference votes, or 0.38 per cent of the valid poll in the 2007 Northern Ireland Assembly elections and 2,403 first preference votes, 0.13 per cent of the valid poll, in the 2004 Republic of Ireland local elections. The Continuity Irish Republican Army, Cumann na mBan and Fianna Éireann also uphold republican legitimatism.

Historical development

Republican legitimatists adopt a traditional Irish republican analysis that views the Irish Republic as proclaimed "in arms" during the 1916 Easter Rising as the sole legitimate authority on the island of Ireland. This view is shared by all political parties in the present-day Republic of Ireland, who believe the secessionist and abstentionist First Dáil, which "ratified" the Republic proclaimed in 1916, is a predecessor to the current (internationally recognised) Dáil.

It is on the issue of the 1921 Anglo-Irish Treaty that republican legitimatism departs from mainstream Irish constitutional understanding. It views Anglo-Irish Treaty as incompatible with the Irish Republic and thus null and void. Although the Treaty was endorsed by the majority of TDs of the Second Dáil, republican legitimatists argue that the vote was invalid as all TDs had, previous to their election, taken a solemn oath to defend the Irish Republic, and that people could not possibly express their true desires on the treaty, as the British has threatened a massive escalation, "immediate and terrible war" as they phrased it, if it was not accepted.

On the basis of these views, republican legitimatism argued that:
* all Irish parliaments convened since the Second Dáil in 1921 are illegitimate as they were established by a piece of British legislation, the Government of Ireland Act 1920;dubious
* the 64 TDs who voted for the Treaty in 1922 had violated their oath to the Irish Republic and abdicated their legitimacy;
* The Second Dåil had never formally dissolved itself.

The pro- and anti-treaty factions of Sinn Féin attempted to present a united block of candidates for the 1922 general election for the Third Dáil; 58 pro-treaty Sinn Féin members were re-elected compared with 36 anti-treaty members. Of these, 17 of the 58 and 16 of the 36 were returned unopposed. Led by Éamon de Valera and others, the Second Dáil TDs who had voted against the Treaty abstained from the Third Dáil and the subsequent Oireachtas of the Irish Free State. They and their opponents engaged in the Irish civil war in 1922-23.

Although de Valera had resigned as President of the Republic on 7 January 1922, and had not been re-elected on a very close Dåil vote two days later, a meeting of the IRA Army Executive at Poulatar, Ballybacon on 17 October 1922 adopted a proclamation "reinstating" de Valera as "President of the Republic" and "Chief Executive of the State". The "Emergency Government," as de Valera called it in his autobiography, was established on 25 October 1922. [ [http://www.dcu.ie/~foxs/irhist/Oct%201922%20-%2025%20-%20Mtg%20of%20AT%20TDs.htm Seamus Fox's Chronology of Irish History 1919–1923] ] [ [http://www.archontology.org/nations/eire/eire_govt/valera2.php Éamonn de Bhailéara (Eamon de Valera) entry on Archontology.org website] ] [ [http://worldatwar.net/timeline/ireland/18-48.html The World at War – Ireland Timeline 1918–1948] claims the meeting was held on 26 October. Another source claims the meeting that meeting was held on 9 September 1922.]

Members of this rump republican government were:
* Éamon de Valera - "President of the Republic" (after his arrest in 1923, substituted by Patrick J. Ruttledge) [ [http://www.archontology.org/nations/eire/eire_govt/valera2.php Éamonn de Bhailéara (Eamon de Valera) entry on Archontology.org website] ]
* Patrick J. Ruttledge - "Minister of Home Affairs"
* Austin Stack - "Minister of Finance"

De Valera also appointed twelve members of the Second Dáil to act as a Council of State [ [http://www.dcu.ie/~foxs/irhist/Oct%201922%20-%2025%20-%20Mtg%20of%20AT%20TDs.htm Seamus Fox's Chronology of Irish History 1919–1923] ] . They were:
*Austin Stack
*Robert Barton
*Count Plunkett
*Seán Ó Ceallaigh (John J. O'Kelly)
*Laurence Ginnell
*Seán T. O'Kelly
*Kathleen O'Callaghan
*Mary MacSwiney
*P. J. Ruttledge
*Seán Moylan
*Michael Colivet
*Seán O'Μahony

This "Government of the Republic", however, was unable to assert the authority it claimed to possess. Effectively an internal government-in-exile, and one of its first acts was to rescind the ratification of the Anglo-Irish Treaty. It continued to meet even after subsequent elections had been held in jurisdiction of the Free State. Styling themselves Comhairle na dTeachtaí, the members of the rump Second Dáil were joined by anti-Treaty republican TDs elected at subsequent elections. The IRA initially recognised the authority of the rump Second Dáil but increased distrust between the two bodies led the IRA to withdraw its support in 1925.

At the 1926 Sinn Féin ard fheis, Éamon de Valera (then president of the party) effectively called for the abandonment of the legitimatist argument by proposing that the party accept the Free State constitution and return to electoral politics contingent on the abolition of the Oath of Allegiance to the Crown. Opponents of the proposal, led by Father Michael O’Flanagan, defeated his motion by a vote of 223 to 218. De Valera subsequently resigned as Sinn Féin president to form a new party, Fianna Fáil, which entered the Dáil of the Irish Free State in 1927, reducing the ranks of this rump Second Dáil even further. From this point onwards, de Valera and his followers were seen as having departed from the principles of republicanism by republican legitimatists, who set up Comhairle na Poblachta as a body to popularise its claims.

1938 – Second Dáil to Army Council

The 17 December 1938 issue of the "Wolfe Tone Weekly" carried a statement from a body calling itself the Executive Council of the Second Dáil. Above this statement was an introductory paragraph written by Seán Russell announcing that on 8 December, the anniversary of the executions of the "Four Martyrs" (Rory O'Connor, Liam Mellows Richard Barrett and Joe McKelvey) in 1922, the group had transferred what they believed was their authority as Government of the Irish Republic to the IRA Army Council. The statement was published in both Irish and English and appeared below the banner headline "IRA take over the Government of the Republic".

During the period 1922-1938, all seven signatories had stood for re-election in the Irish Free State, but by 1938 none were successful. Therefore they considered that their past electoral status in 1921-22 was more important than their subsequent attempts to be elected, as the Second Dáil arose from the last election held in the whole island of Ireland. The signatories now argued that the seven general elections that the Irish Free State electorate had voted in, from 1922 to mid-1938, had all been illegitimate and unconstitutional; even though they had themselves stood as candidates and had on occasion been elected in some of them.

The text of the statement is as follows:Quotation1
:DÁIL ÉIREANN

:In consequence of armed opposition ordered and sustained by England, and the defection of elected representatives of the people over the period since the Republican Proclamation of Easter 1916 was ratified, three years later, by the newly inaugurated Government of the Irish Republic, we hereby delegate the authority reposed in us to the Army Council, in the spirit of the decision taken by Dáil Éireann in the spring of 1921, and later endorsed by the Second Dáil.

:In thus transferring the trust of which it has been our privilege to be the custodians for twenty years, we earnestly exhort all citizens and friends of the Irish Republic at home and abroad to dissociate themselves openly and absolutely from England's unending aggressions: and we urge on them to disregard England's recurring war scares, remembering that our ancient and insular nation, bounded entirely by the seas, has infinitely less reason to become involved in the conflicts now so much threatened than have the neutral small nations lying between England and the Power she desires to overthrow.

:Confident, in delegating this sacred trust to the Army of the Republic that, in their every action towards its consummation, they will be inspired by the high ideals and the chivalry of our martyred comrades, we, as Executive Council of Dáil Éireann, Government of the Republic, append our names.

::Seán Ó Ceallaigh (Ceann Comhairle)::George Noble Plunkett ::Professor William Stockley::Mary MacSwiney::Brian Ó hUiginn::Tom Maguire::Cathal Ó Murchadha

:Dublin, December 8, 1938.Henceforth, the IRA Army Council perceived itself to be the legitimate government of the Irish Republic. This allowed it to present its declaration of war on Britain in January 1939 (see S-Plan) as the act of a legitimate, "de jure" government.

1969 – Official/Provisional split

In December 1969, the IRA General Army Convention decided to drop its policy of abstentionism. This resulted in a split in the organisation, leading to the emergence of the (then) majority Official IRA and (minority) Provisional IRA. The supporters of the latter approached Tom Maguire, the last surviving member of the 1938 seven-member rump Second Dáil, who declared that the Provisional IRA was the legitimate successor to the 1938 Army Council and, as such, was the legal embodiment of the Irish Republic.

The text of the statement is as follows:Quotation1
:An IRA convention, held in December 1969, by a majority of the delegates attending, passed a resolution removing all embargoes on political participation in parliament from the Constitution and Rules of the IRA.

:The effect of the resolution is the abandonment of what is popularly termed the "Abstentionist Policy". The " Abstentionist Policy" means that the Republican candidates contesting parliamentary elections in Leinster House, Stormont or Westminster give pre-election pledges not to take seats in any of those parliaments. The Republican candidates seek election to the 32-county Parliament of the Irish Republic, the Republican Dáil or Dáil Éireann, to give it its official title. The declared objective is to elect sufficient representatives to enable the 32-County Dáil Éireann to be reassembled. In December 1938, the surviving faithful members of the latest 32-county Republican parliament, the Second Dáil, elected in 1921, delegated their executive powers of government to the Army Council of the IRA. This proclamation of 1938 was signed by Seán Ó Ceallaigh, Ceann Comhairle, George Count Plunkett, Professor William Stockley, Mary Mac Swiney, Brian Ó hUiginn, Cathal Ó Murchadha and myself Tomas Maguire.

:The majority of the delegates at the December, 1969, IRA Convention, having passed the resolution referred to above, proceeded to elect an Executive which in turn appointed a new Army Council, committed to implement the resolution. That convention had neither the right nor the authority to pass such a resolution. Accordingly, I, as the sole surviving member of the Executive of Dáil Éireann, and the sole surviving signatory of the 1938 Proclamation, hereby declare that the resolution is illegal and that the alleged Executive and Army Council are illegal, and have no right to claim the allegiance of either soldiers or citizens of the Irish Republic.

:The delegates who opposed the resolution, together with delegates from units which were not represented at the Convention, met subsequently in Convention and repudiated the resolution. They re-affirmed their allegiance to the Republic and elected a Provisional Executive which in turn appointed a Provisional Army Council.

:I hereby further declare that the Provisional Executive and the Provisional Army Council are the lawful Executive and Army Council respectively of the IRA and that the governmental authority delegated in the Proclamation of 1938 now resides in the Provisional Army Council and its lawful successors. I fully endorse their call for support for Irish people everywhere towards the realisation of the full freedom of Ireland.

::Dated: 31 December 1969::Signed: Thomas Maguire, Comdt. Gen. (Tomás Mac Uidhir)

1986 – Provisional/Continuity split

The Provisional Movement followed this analysis until 1986, when the IRA and Sinn Féin split over the issue of abstentionism once again. As in 1970, republican legitimatists approached Tom Maguire, who in two statements written in 1986 and 1987 but issued posthumously in 1994, maintained that the Army Council of the Continuity IRA was the sole legitimate successor to the 1938 Army Council. [Maguire died in 1993 aged 101.]

The texts of the statements are as follows:Quotation1
:There is no difference between entering the partition parliament of Leinster House and entering a partition parliament of Stormont. I speak as the sole surviving Teachta Dála of the Second Dáil Éireann and as the sole surviving member of the Executive of the Second Dáil Éireann. In December, 1969, as the sole surviving member of the Executive of the Second Dáil Éireann, I recognised the Provisional Army Council, which remained true to the Irish Republic as the lawful Army of the Thirty-two County Irish Republic. I do not recognise the legitimacy of any Army Council styling itself the Army Council of the Irish Republican Army which lends support to any person or organisation styling itself as Sinn Féin and prepared to enter the partition parliament of Leinster House. The majority of delegates to a recent IRA convention purported to accept the Leinster House partition parliament, and in so doing broke faith and betrayed the trust placed in their predecessors in 1969. The Irish Republic, proclaimed in arms in Easter Week 1916 and established by the democratic majority vote of the people in the General Election of 1918, has been defended by Irish Republicans for several generations. Many have laid down their lives in that defence. Many others have suffered imprisonment and torture. I am confident the Cause so nobly served will yet triumph. :"If but a few are faithful found, they must be all the more steadfast for being but a few" (Terence Mac Swiney, "Principles of Freedom"). ::Dated: 22 October 1986 ::Signed: Thomas Maguire Tomás Maguidhir Comdt. GeneralAnd:Quotation1
:I refer to my statement, dated 22 October 1986, and I speak again, as the sole surviving Teachta Dála of the Second Dáil Éireann, and the sole surviving member of the Executive of the Second Dáil. In that statement, I referred to my recognition in December, 1969, of the Provisional Army Council of the IRA, which had remained true to the Irish Republic, as the lawful Army of the Thirty Two County Irish Republic. I also stated on 22 October, 1986, that I did not recognise the legitimacy of an Army Council, styling itself the Army Council of the Irish Republican Army, which lent support to any person or organisation styling itself Sinn Féin, and prepared to enter the partition parliament of Leinster House. I referred, as well, to the IRA Convention, which had taken place shortly before the 22n October, 1986. The Executive of the IRA had, by a majority, opposed entering Leinster House. The faithful members of that Executive, in accordance with the IRA Constitution, filled the vacancies in the Executive, and that Executive continues as the lawful Executive of the Irish Republican Army. The Continuity Executive has appointed an Army Council of the IRA. I quote the following extract from my statement of 31 December 1969: ::"In December, 1938, the surviving faithful members of the latest 32 County Republican Parliament, the Second Dáil elected in 1921, delegated their executive powers of government to the Army Council of the IRA. This Proclamation of 1938 was signed by S.S. Ó Ceallaigh (Sceilg), Ceann Comhairle, Mary Mac Swiney, Count Plunkett, Cathal Ó Murchú, Brian O'Higgins, Professor Stockley, and myself, Tomás Maguire". :I hereby declare that the Continuity Executive and the Continuity Army Council are the lawful Executive and Army Council respectively of the Irish Republican Army, and that the governmental authority, delegated in the Proclamation of 1938, now resides in the Continuity Army Council, and its lawful successors. ::Dated: 25 July 1987 ::Signed: Thomas Maguire Tomás Maguidhir Comdt. General

Criticism of republican legitimatism

These claims are rejected not only by the majority of the Irish people, expressed by virtue of their participation in elections to Dáil Éireann and rejection of abstentionist candidates, as well as by the majority of nationalists. However, these claims were accepted by a sizeable minority of the electorate of the Irish Free State in the 1920s. A much smaller minority supported the claims in Northern Ireland. Over time, as the former Free State became the Republic of Ireland, and as major political figures who once accepted these claims then accepted the state, including statesmen like Éamon de Valera and Sean MacBride, the claims lost their vitality among most Irish people.

As the decades passed, the claimed line of authority based on the electorate of 1921 appeared more and more illogical, particularly by the 1990s, given that most of that electorate had died in the intervening years.

Thus, Martin Mansergh, a prominent figure in Fianna Fáil, the largest Irish party described it as "preposterous nonsense" the "concoction of a sort of pseudo-apostolic succession from Pearse to the Second Dáil to the IRA to the Sinn Féin party to the small irredentist movement currently claiming that it, not the elected government of the Republic, is the true government of Ireland". [ [http://www.nuzhound.com/articles/Sunday_Times/arts2007/jun24_abstentionism_Westminster__LClarke.php Time for SF to kick the abstentionist habit] – The Sunday Times, 26 June 2007.] It is important to note that, at one time, the founders of Fianna Fáil accepted the claim. Those who accept the claim today take the view that those who once accepted the claim and subsequently rejected it have chosen political expediency over principle. [Ruairí Ó Brádaigh, Dilseacht: The Story of Comdt. General Tom Maguire and the Second (All-Ireland) Dáil."] Those who reject the claim reject this, too.

ee also

* First Dáil
* Second Dáil

References