DEFENSE OF REALM ACT OF THE BRITISH STATE IN IRELAND

In the years 1916 to 1918 the most important legal weapon in the hands of the British state in Ireland, as it sought to repress the activities of Irish separatists, was the Defence of the Realm Act (DORA). DORA was a piece of emergency legislation created in the context of the outbreak of World War One. It was passed by British parliament on 7 August 1914, three days after Great Britain entered the war, and received the royal assent a day later.

DORA was a short piece of legislation but its ramifications were enormous. In effect it enabled the government to devise regulations – known as Defence of the Realm Regulations (DORR) – giving to the military powers to secure ‘the public safety and defence of realm’. Specifically, that first Act provided that those who breached regulations designed to prevent communicating with, or providing information to, the enemy or those who breached regulations designed to secure key communication and transport infrastructure could be tried by court-martial rather than in civil court.

Subsequently, DORA was amended and consolidated by five further Acts that widened the areas governed by DORR and increased the number of these that might be prosecuted before a court martial. A plethora of DORR followed, restricting subjects in myriad areas of life, including travel, place of residence, postal communication, food production and consumption, publications and public speeches. In a letter to the Evening Mail in June 1915 George Bernard Shaw wrote, ‘The Defence of the Realm Act abolishes all liberty in Great Britain and Ireland except such as the authorities may choose to leave us’.

Rebellion broke out in Dublin on Easter Monday, 24 April 1916. Lord Wimborne, the Lord Lieutenant, declared martial law in Dublin city and county, on the following day, 25 April, and extended it to the rest of the country on 26 April. Perhaps the most important act taken under martial law was the suspension in Ireland of the key provision of the Defence of the Realm (Amendment) Act of 1915. As a consequence of this, once more, civilians in Ireland could be tried by court-martial.

As Brian Barton explains, 187 civilians (183 in Dublin, 2 in Cork, and 2 in Enniscorthy) were tried by court-martial after the Rising. They faced charges under DORRs 42 and 50, those relating to attempting to ‘cause a mutiny, sedition or dissatisfaction . . . among the civil population’ and carrying out an act ‘prejudicial to the public safety or the defence of the realm . . . for the purpose of assisting the enemy’. 22 of the trials were General Courts-Martial (presided over by a judge advocate assisted by 13 officers) while the rest were Field General Courts-Martial (presided over by just three officers). 15 men were subsequently executed (14 at Kilmainham Gaol and one, Thomas Kent, at Cork detention barracks). At least 53 more were sentenced to death but had their punishment commuted to terms in prison. In total, 140 men and one woman would serve prison sentences imposed by these courts-martial.

Those interned without trial were also held under DORA. In this case the relevant regulation was 14B, which allowed for the internment – by the competent military authority – of individuals with ‘hostile origin or association’. This regulation had been devised to facilitate the holding of what were termed ‘alien internees’, for the most part individuals of German or Austrian background who were living (or in some cases holidaying) in Britain and Ireland at the outbreak of the war. By November 1915 there were more than 32,000 such individuals in camps and other detention centres around Britain and Ireland. The regulations did provide for the establishment of an advisory committee to which individuals interned in such circumstances could appeal. In the case of those interned after the Rising the equivalent committee was chaired by Sir John Sankey, who was assisted by Justice Jonathan Pim, a former solicitor-general and attorney-general of Ireland, and J. J. Mooney, an Irish Party MP.

Though many of the internees refused to appeal to it, that committee met over the summer of 1916 and made adjudications in the cases of all 1,846 internees still in custody. They held hearings on 25 days, 24 days initially (27 June – 28 July) and then an extra day (28 August) to hear the cases of five internees who had been ill. They recommended the continued internment of only 573 (or 31% of those interviewed). Sankey’s diary entry for 28 July read ‘Finished the S. Fein prisoners except for few in hospital. Thank God. One of the hardest and certainly the most disagreeable job I have ever done’. The subsequent decision to release all the internees in December 1916 and, indeed, the decision to release all the convicts in June 1917 were political not legal or judicial decisions.

Between July 1916 and July 1917 the military in Ireland had prosecuted a mere 29 persons before courts-martial for seditious offences under DORA. In late June 1917, however, Sir Bryan Mahon, the General Officer Commanding in Ireland, urged the government to sanction a more assertive use of DORA. He did so in response to a new confidence and assertiveness among separatists, best exemplified by the growth in public drilling by Irish Volunteers, This led to a cabinet decision on 14 July to pursue a consistent policy of prosecuting by court-martial those participating in public ‘marching and drilling’. As a consequence, a total of 89 prisoners would be committed to Irish prisons following a court martial in the year 1917 and in 1918 this figure would reach 148. These figures do not include the majority of activists who were committed to Irish prisons during 1917 and 1918 following prosecutions before civil courts using DORA, nonetheless, they give a sense of the trend.

From mid-March 1918, following a series of hunger strikes, Irish Volunteer prisoners won from the authorities in Ireland an ameliorated prison regime for many DORA convicts. It was available to those whose offences were not criminal per se, thus excluding those guilty of assault, violence, robbery, and agrarian crimes. A system to adjudicate upon entitlement to this was established, and between mid-March and the end of 1918 the General Prisons Board (GPB) examined the cases of c. 870 convicts, affording ameliorations to c. 590 of these (just over 66%). These ‘political’ prisoners were, for the most part, held separately at Dundalk and Belfast prisons. For example, on 11 April 1918, following decisions by the GPB, its secretary sent warrants ordering the removal of 70 such prisoners to Belfast from seven local prisons – Cork (26) Galway (2), Limerick (16), Londonderry (4), Mountjoy (10), Sligo (6) and Waterford (6). Most of those excluded from the ‘political’ regime seem to have been prosecuted for their involvement in the agrarian unrest that had become widespread in several western counties during 1918, sometimes with the direct encouragement and participation of local Irish Volunteer or Sinn Féin leaders.

Other Irish Volunteers, though a much smaller number, were prosecuted during 1918 using the Crimes Act of 1887. It had been introduced in response to the agrarian unrest associated with the Plan of Campaign. The authorities could and did use it to take prosecutions for unlawful assembly, and not just during agrarian unrest. Some arrested suspects, including Michael Collins, thought that the authorities had begun to use the 1887 Act against some Irish Volunteers so as to avoid having to grant the ameliorated regime that conviction under DORA would have opened up to them. Once this became a matter of controversy in the press, however, the GPB – on instruction from the Chief Secretary – afforded ‘political’ treatment to those convicted under the Crimes Act when the offence was, for example, ‘illegal drilling’ rather than ‘land grabbing’. In this way the authorities did, for the most part, keep to the spirit rather than the letter of the agreement reached in mid-March.

During 1918 DORA (regulation 14B) was again used to facilitate the internment without trial of a cohort of leading Sinn Féin activitsts. This began in May when 69 men and women were arrested. These including the party’s four MPs (Eamon de Valera, George Noble Plunkett, W.T. Cosgrave and Joe McGuinness), Arthur Griffith, who was a candidate in the East Cavan by-election, the majority of the national standing committee of the party, various well-known propagandists, and less well-known but important local figures. Justifying the internments, the authorities alleged that these men and women were actively involved in a conspiracy with Germany – derisively referred to as ‘the German Plot’ in Ireland. In reality it was an attempt to check Sinn Féin’s growth, particularly in the context of the anti-conscription campaign of spring 1918. The number of internments climbed steadily in the months that followed until, on 17 October, 92 internees were held in small groups at seven British prisons – Gloucester, Usk, Lincoln, Reading, Durham, Birmingham and Holloway. Some of the later internees were captured on the run, while others were re-arrested and interned on the completion of sentences in Irish prisons. When Colivet was interned on his release from Belfast prison in August, Kevin O’Higgins mockingly suggested that Colivet must have been plotting with the Germans from prison.

The ‘German Plot’ internees were released in March 1919. Given that the war with Germany was over, it had become increasingly difficult to justify their incarceration. The British state in Ireland would, however, continue to use DORA throughout the War of Independence. Indeed, as the situation in the country became more violent, it would add a significant weapon to its armoury of emergency legislation with the introduction of the Restoration of Order in Ireland Act, passed in August of 1920.

Dr William Murphy is a lecturer in the School of History and Geography, DCU. He is the author of Political Imprisonment and the Irish, 1912-1921 (2014).

CURTESY OF RTE
1916 RISING

THE DARKEST WEEK IN THE HISTORY OF DUBLIN

PART I

AN ORGIE OF FIRE AND SLAUGHTER

The story of the Sinn Fein rebellion in Dublin begins a long way behind Eater Monday, 24th April 1916, but for the purpose of giving a comprehensive narrative of the Rising it will suffice to begin with the preparations on St. Patrick Day, Friday the 17th of March. On that day the Dublin Battalions of the Irish Volunteers held a field day in the city. The different sections paraded in the morning at various city churches and later in the whole force assembled in College Green, where they gave a display of military manoeuvres, concluding with a march past Mr. John McNeill, The President (whose name was printed Eoin McNeill in the most documents issued by the Volunteers), and the members of the Executive, who had previously inspected the men in the ranks. These operations lasted from 11 o’clock till one o’clock, and for two hours the tram and other vehicular traffic was peremptorily suspended, by the volunteers, most of whom carried rifles, and bayonets, and whose numbers in those occasion were estimated at 2000. While the inspection was in progress the pipe bands on the 2nd and 3rd Battalions discoursed music, and among the large crowd of spectators’ leaflets were distributed containing ”Twenty plain facts for Irishmen”.

The Following are extracts:

”It is the natural right of the people of every nation to have the free control of their own nation affairs, and any body of the people is entitled to assert that right in the name of the people.”

”The Irish People have not the free control of their own national affairs.”

”Some of the Irish people do desire that freedom, and are entitled to assert the right of the nation.”

”The Irish Volunteers (under presidency of Eoin McNeill) are pledged to the cause of the freedom of Ireland.”

”In raising, training, arming, and equipping the Irish Volunteers as a military body, the men of Ireland are acquiring the power to obtain the freedom of the Irish Nation.”

”It is the duty of every Irishman who desires for his country her natural right of freedom and for himself the natural right of a freeman, to be an Irish Volunteer.

This demonstration in the Centre of Dublin on St Patrick’s Day was the first time the Irish Volunteers had taken aggressive action in daylight, but they had conducted night manoevures and practiced street fighting in open spaces generally between Saturday night and Sunday morning, and one night their operations consisted in manoeuvering around the entrance at Dublin Castle. The police on each occasion were eye-witnesses of the operations, but did not interfere with the movement of the Volunteers.

THE AFFRAY OF TULLAMORE

While the proceedings in Dublin on St. Patrick’s Day were still a matter of public comment, a new development occurred at Tullamore on Monday evening, 20th of March Ill-feeling which had been smoldering in the town for some time against the Sinn Fein Volunteers was manifested at a hurling match in aid of the Wolfe Tone Memorial on Sunday 19th March when a spectator attempted to remove a flag from one of the Sinn Feinners, who , it was alleged, retaliated by drawing a revolver. The feeling was accentuated the following morning. Monday 20th March, at Tullamore Railway Station, where a number of women were taking leave of their husbands, who are serving at the Leinster Regiment.

A body of Sinn Fein Volunteers who appeared on the platform were then the object of a hostile demonstration. These incidents culminated in a shooting affray in the Sinn Fein Hall in William Street the same evening.

A number of children carrying a Union Jack sang songs in front of the Hall; the crowd soon swelled, and amid boohing and cheering stone-throwing began, and the windows of the hall were smashed. The Volunteers inside retaliated by firing revolvers, and a large force of police proceeded to search the hall for arms. A general melee then took place revolvers were shot at the police, and several of them injured. Ultimately several men were arrested and charged next morning with having fired at and attacked with intent to murder County Inspector Crane, District Inspector Fitzgerald, Head Constable Stuard and Sergeant Ahern. Subsequently another batch of Volunteers were arrested, and remands were granted several times as Seargeant Ahern was unable to appear, he having been seriously injured and conveyed to Stevens Hospital, Dublin. The case of these prisoners is dealt with in the portion of article Court Martial.

THE MANSION HOUSE MEETING

On Thursday 30th of March, at the Mansion House Dublin a largely-attended meeting was held, under the presidency of Alderman Corrigan, for the purpose of protesting against a recent order for the deportation of certain organisers of the Irish Volunteers. The principal speakers were Mr. John ‘Neill, President of the Irish Volunteers and two Roman Catholic clergymen. The speeches were of a strong character, and during the proceedings a collection was made amongst the audience for the defense of organisers. The following resolution was adopted unanimously: –  ”This public meeting of Dublin citizens in the Mansion House, Dublin, asks all Irish people to join in opposing Government’s Attempt unanimously condemned by national opinion last year, and now renewed to send Irishmen into banishment from Ireland.”

After the meeting a number of persons who had attended it marched through the streets, and revolver shots were fired in Grafton Street and opposite the Provost’s house at Trinity College, one of the revolver shots pierced a pocket in the overcoat of Inspector D.M.P.

A young man who was arrested and charged with being a member of a disorderly crowd and breaking a lamp in a motor car. Was fined 5s and 5s. Costs and ordered to find 1£ bail. The alternative being seven days in prison. The Following night, March 31st A public meeting at Beresford Place, presided over by Alderman T. Kelly, endorsed the resolution passed at the Mansion House meeting the previous night. In view of subsequent events, it is worthy of note here that Mr. Sheehy Skeffington was one of the speakers at the Beresford place meeting.

WOUNDED IRISH FUSILIER SPAT UPON.
An Irish Fusilier, had been wounded at Suvla Bay, wrote the Irish Times on 31st of March, that whole driving in a cab along Grafton Street the previous night some of the men from the Mansion House meeting hurled filthy epithets at him, and one man spat at him through the window.
Other soldiers he added, were jostled and insulted by the crowd.

SEIZURE OF ARMS
On Sunday, 9th of April, the D.M.P. seized a motor car in College Green, and found it contained a quantity of shot guns, revolvers, bayonets, and ammunition, which was being conveyed to Wexford. Two men in the car who were identified as Sinn Fein Volunteers from Ferns, were afterwards sentenced to Three Months imprisonment.
The same day a parade of the Sinn Fein Volunteers from Ferns, were afterwards sentenced to Three months imprisonment.
The same day a parade of Sinn Fein Volunteers took place though the streets of Dublin any way of protest against the deportation to England of two organisers Ernest Blyde and William Mellowes.
About 1300 took part in the proceedings.
When the procession was passing though St. Stephen Green a tram driver attempted to take his vehicle through between two companies and sounded his gong by way of warning. A cyclist in Volunteer uniform places his machine in front of the tram, placed his hand upon his revolver, and dared the driver to proceed. The tram man at once stopped until the whole procession had passed.

MR. JUSTICE KENNY’S REMARKS.
On the following Tuesday, April 11th Mr. Justice Kenny, in opening the proceedings in Dublin, referred to a propaganda in the city of an openly seditious character which set all authority to defiance, and seemed to be started in order to counteract the recruiting movement. They had, he said, read of the police, in the execution of their duty, being met and repulsed by men armed with rifle and bayonet, and of street disturbance in which he regarded in which firearms appeared to be freely used. What he regarded as the most serious attempt to paralyse recruiting was the display of large posters such as ” England’s Last Ditch ” and ” The Pretence of the Realm Act ” which deterred influence on certain classes of the population. He called attention to it because of the continuance of that state of things must have a tendency to create incalculable mischief.
In the House of Commons, the same day, Mr. Augustine Birrell, Chief Secretary, replying to Major Newman said that it would be contrary to public interest to disclose the information in possession of the Irish Government concerning Irish Volunteers, or the course of action proposed to be followed in delaying with them. The activities of this organisation, however l, were receiving the closest attention.

A BOGUS SECRET ORDER.
A meeting of the Dublin Corporation on Wednesday, 19th April, afforded the best Sinn Fein sensation.
During a discussion of ye police rate Alderman T. Kelly read the following document, which he said, had been furnished by Mr. Little, editor of New Ireland: –
” The following precautionary measures have been sanctioned by the Irish Office on recommendation of the General Officer Commanding the Forces in Ireland. All Preparations will be made to put these measures in force immediately on receipt of an Order issued from the Chief Secretary’s Office, Dublin Castle, and signed by the Under Secretary and the General Officer Commanding the Forces in Ireland. First, the following persons to be placed under arrest: – All members of the Sinn Fein National Council, the Central Executive Irish Sinn Fein Volunteers, General Council Irish Sinn Fein Volunteers, County Board Irish Sinn Fein Volunteers, Executive Committee National Volunteers Coisde Gnota Committee Gaelic League.
List A 3 and 4 and suppliments list A 2 …
Metropolitan Police and Royal Irish Counterforces in Dublin City will be confined to barracks under the direction of the Competence Military Authority. An order will be issued to inhabitants of city to remain in their houses until such time as the Competent Military Authority may otherwise direct or permit. Pickets chosen from units of Territorial Forces will be placed at all points marked on map 3 and 4. Accompanying mounted patrols will continuously visit all points and report every hour. The following premises will be occupied by adequate forces, and all necessary measures used without need of reference to Headquarters. First, premises Known as Liberty Hall, Beresford place, No 6 Harcourt Street, Sinn Fein Buildings: No 2 Dawson Street, Headquarters Volunteers; No 12 D’Olier Street, “Nationality ” Office; No 25 Rutland Square, Gaelic League Office; No 41Rutland Square, Forester’s Hall, Sunn Fein Volunteer premises in city, all National Volunteer premises in the city, Trades Council Premises, Capel Street, Surrey House, Leinster Road, Rathmines
THE FOLLOWING PREMISES WILL BE ISOLATED, AND ALL COMMUNICATION TO AND FROM PREVENTED: – PREMISES KNOWN AS ARCHIBUDHOP’S HOUSE, DRUMONDRA, MANSION HOUSE, DAWSON STREET, No 40 Herbert Park, Larkfield, Kimmage Road, Woodtown Park Ballyboden, Saint Enda’s College , Hermitage, Rathfarnham, and in addition premises in list 5 D see maps 3-4″.(hoping to get the maps of the areas )
Alderman Kelly said he took the responsibility of reading the document in discharge of his public duty. If they wanted this class of thing, of course there was no help for it but those associated with him would do everything they could to see that discretion and moderation would remain.

 

” AN ABSOLUTE FABRICATION.”
The Military authorities in Dublin the same night they stated that the foregoing document read by Alderman Kelly at the Corporation meeting was ” An absolute fabrication from beginning to end and does not contain a word of truth”.

GERMAN ATTEMPT TO LAND ARMS.
On Saturday 22nd of April, it was reported from Tralee that a collapsible boat with ammunition and three mysterious strangers had came ashore in that district, and that the Sin. Fein Volunteers had been especially mobilised the previous evening. Two Arrests, which caused a considerable sensation in the town, we’re made the same night. News was also received from Tralee of a mysterious motor car which had taken a wrong turning and dashed over Ballykissane quay into the River Laune. The chauffeur escaped but three passengers in the car were drowned. The bodies of two of the passengers were recovered on Saturday Evening, 22nd if April and in then Was found revolvers and ammunition and Sinn Fein badges.
These events were associated in the public mind with yeh following announcement, which made by the Press Bureau, but not until Monday evening, 24th April at 10:25 pm: –

CAPTURE OF SIR ROGER CASEMENT.
The Secretary of the Admiralty announces – During the period between p.m. . April 20 and p.m. April 21 an attempt to land arms and ammunition in Ireland was made by a vessel under the guise of a neutral merchand ship, but in reality, a German Auxiliary, in conjunction with a German submarine. The Auxiliary sal and a number of prisoners were made amongst whom was Sir Roger Casement.

MANOEUVRES CANCELLED
It was known that the Sinn Fein Volunteers were to hold the Easter manoeuvres, which were to be taken part in by all the branches of the organisation in Ireland. These were unexpectedly cancelled in the following announcement signed by Mr. Eoin McNeill on Saturday night, 22nd April and published in the Sunday papers the following Morning: –
” Owing to the very critical position, all orders given to the Irish Volunteers for to-morrow Easter. Sunday are Hereby rescinded and no parades, marches, or other movements of Irish Volunteers will take place. Each individual Volunteer will obey this order strictly in every particular. With this announcement Mr. McNeill cease to take any public part in the proceedings of the Volunteers.