Joe McKelvey’s final year: Part 1

Estimated reading time: 20 minutes

This post was largely inspired by Gerard Shannon’s excellent recent biography of Rory O’Connor.

Joe McKelvey left Belfast for the last time in the middle of March 1922. But to understand the reasons for his departure, it is necessary to rewind the clock to the signing of the Treaty in the small hours of 6 December 1921.

Accepting the Treaty

Under cover of a céilí held in Clones later that night, Eoin O’Duffy, who had been the IRA’s Truce Liaison Officer for the north, met the O/Cs of most of its Northern Divisions: McKelvey of the 3rd, Charlie Daly of the 2nd, Frank Aiken of the 4th, Dan Hogan of the 5th and Seán MacEoin of the 1st Midlands Division, whose area of operations included Fermanagh. According to Aiken:

McKelvey was accompanied to Clones by his Adjutant, Séamus Woods, and Quartermaster, Tom McNally, although they did not attend the meeting with O’Duffy. McNally recalled:

A few days before Christmas 1921, Denis McCullough, the veteran Belfast republican, was released from internment. Almost immediately, McKelvey sought a meeting with him to discuss the Treaty. As well as McKelvey and Woods, Frank Crummey, the division’s Intelligence Officer, also went to McCullough’s house, although McNally was not present. After an intense discussion lasting from 8pm until midnight, they adjourned the meeting until the following night when, as McCullough said:

“I asked each man to state his final views … Joe McKelvey gave it as his firm opinion that ‘we could not stand up against open and unrestricted war for even two months,’ though he thought that the 3rd Northern Division was one of the best armed divisions in Ireland. Séamus Woods … was of the opinion that six months of the Truce had seriously impaired the morale of the IRA [in other divisions] and he feared that a return to war conditions would find the men much below pre-Truce standard. Frank Crummey stated that the civilian population had taken the Truce to mean the end of activities and he could not visualise the people again presenting that solidarity of support which had been the secret of our success in the past.

Divisional Staff of 3rd Northern Division (L-R): Séamus Woods, Adjutant; Tom McNally, Quartermaster; Joe McKelvey, O/C; Frank Crummey, Intelligence Officer; they unanimously accepted the Treaty

On St Stephen’s Night, 26 December, McKelvey and McCullough met Michael Collins and Arthur Griffith at the Gresham Hotel in Dublin. They set out the conditions under which they were prepared to accept the Treaty: these acknowledged that partition had already come into effect, but sought to minimise its discriminatory impact on the northern Catholic minority and sought determined efforts by the Dublin government to end it:

“1. Securing guarantees that no further concessions, financial or statutory, be given to the Ulster parliament to enable them to entrench themselves and so stereotype partition.

2. Minority safeguards. Redistribution of seats [in the Parliament of Northern Ireland] in order to secure some measure of just representation in proportion to population.

3. To procure from the Government of Ireland a direction as to the policy – both civil and military – to be pursued by our people in N.E. Ulster.

4. To define the relations – both civil and military – between our people in N.E. Ulster and the Irish government in order to secure a community of mind and effort.

5. To decide as to whether the economic pressure against N.E. Ulster be maintained until they adopt a correct attitude towards Ireland, and to decide definitely its purpose.

McKelvey returned to Belfast, where he was pictured greeting Charlie Ryan, who had been sentenced to 15 years in prison for a grenade attack on a British military sentry but was among the IRA prisoners released under a general amnesty introduced following the signing of the Treaty.

McKelvey (centre) greets Charlie Ryan (extreme right) on his release from prison after the signing of the Treaty

McKelvey went back to Dublin when the Treaty debate resumed in the Dáil after Christmas. The O/C of the Belfast Brigade, Roger McCorley, later said,

Although the leadership of the 3rd Northern Division had grudgingly decided to accept the Treaty, some republicans in Belfast were very particular about it not being agreed.

Among McCullough’s papers in the National Library of Ireland is a document which appears to be an early draft of one of the statements he gave to the Bureau of Military History (BMH) in the 1950s – the texts are identical in many respects. However, there is a passage at the end of this document which does not appear in his BMH statement:

This is significant as it demonstrates that in Belfast, a potential rupture over the Treaty was already emerging before the Dáil debate had even concluded.

On 7 January 1922, the Dáil voted by 64 versus 57 to ratify the Treaty. Éamon de Valera was replaced as President of the Dáil by Griffith, while former IRA Chief of Staff, Richard Mulcahy, became the new Minister of Defence and he, in turn, was replaced as Chief of Staff by O’Duffy.

The IRA splits

Just over a fortnight after signalling to Collins and Griffith his acceptance of the Treaty and only four days after its ratification by the Dáil, McKelvey changed his mind and firmly aligned himself with IRA opponents of the Treaty.

Their view was that the Treaty disestablished the Republic proclaimed at Easter 1916 and declared by the First Dáil in 1919; by accepting the Treaty, the members of the Second Dáil had therefore broken the oath that both they and the IRA had sworn to support and defend the Republic. On 11 January, a letter was sent to Mulcahy requesting that an Army Convention be held, at which the following motion would be voted on, withdrawing the IRA’s allegiance to the Dáil:

“That the Army re-affirms its allegiance to the Irish Republic.

That it shall be retained as the Army of the Irish Republic, under an Executive appointed by the Convention.

Some signatories of the letter calling for an IRA Army Convention (L-R): Rory O’Connor, Director of Engineering; Liam Mellows, Director of Purchases; Liam Lynch, O/C 1st Southern Division

He had succeeded O’Duffy as the IRA’s Truce Liaison Officer for Ulster when the latter was appointed Chief of Staff; he also inherited O’Duffy’s office and files in St Mary’s Hall in Bank Street. But while McKelvey was at the 17 March meeting in Dublin, disaster struck the 3rd Northern.

McKelvey was blamed for the security blunder, as Woods later reported:

St Mary’s Hall, raided by Specials on 18 March 1922

Some of the attendees at the second Army Convention, 9 April 1922, at which McKelvey was elected to the IRA’s Executive

Four days later, the Executive occupied the Four Courts complex in Dublin. Symbolically, in the context of the Pogrom, they also occupied Fowler Hall, the Dublin headquarters of the Orange Order, and put it to use as accommodation for refugees fleeing Belfast.

In the Four Courts, McKelvey, along with O’Malley and Paddy O’Brien, the garrison commander, inspected the new headquarters. They selected sniper positions from which the buildings could be defended, arranged for practice attacks to test their defences and noted what additional materials were needed to bolster those defences – barbed wire, sandbags and so on. In addition,

But while they were acting to replace McKelvey, he was acting to replace them. Pat Thornbury had succeeded Woods as Adjutant of the 3rd Northern when the latter was promoted to GHQ:

Fowler Hall, Dublin: occupied by the IRA Executive to house Belfast refugees

“Q: And at the time of the split you were appointed Divisional O/C?

A: No. I was Adjutant before the split.

Q: When Joe McKelvey left for the Four Courts you were appointed Divisional O/C?

A: I was.

Q: About April or May 1922?

In relation to the Belfast Brigade, McKelvey also made a new appointment to the role of Brigade O/C, William Ward:

But while Woods was seeking unity of command in Belfast, in Dublin, the two sides of the split were attempting to create unity of action. As O’Connor later recalled:

“…at one meeting of the coalition Army Council, at which Mulcahy, O’Duffy, Mellows, Lynch and myself were present … we actually discussed co-ordinated military action against the N.E. Ulster, and agreed to an officer who would command both republican and Free State troops in that area … It should be remembered that at this time the ‘government’ was publicly declaring that it was the ‘mutineer’ section of the army which was fighting the Ulster people.

Averting the split

As the rift in the IRA was unfolding and in parallel to the effort to use joint action against the Northern Ireland government as a means of maintaining unity, there were other attempts being made to avert a final split. McKelvey was centrally involved in these as he was a member of the governing body of the organisation involved: the Supreme Council of the Irish Republican Brotherhood (IRB).

In 1920, the IRB had adopted a new constitution, which stated that:

However, the Dáil was recognised as being the de facto government of the Republic.

McKelvey was also a member of the Supreme Council of the Irish Republican Brotherhood

However, after four hours of negotiations, they arrived at a compromise position which emphasised the centrality of the new Irish Constitution, but which also noted the impossibility of a secret organisation making a public statement:

“We are of the opinion that if a Constitution which is acceptable to both political parties can be drafted unity in the Army may be possible. That any recurrence of hostile action will render this possibility more remote.

That a statement that parties of both sides had met and discussed the possibilities of unification in the Army would tend to ease the situation, and that as this body is not in a position to disclose its existence, permission be given for the holding of a meeting which can make such a statement …

They agreed on a further set of concrete military proposals which each side would bring back to their respective leaderships for approval:

“1. All shootings to cease.

2. Posts at present occupied by either side shall not be attacked.

3. No further posts or buildings to be occupied by either side.

4. Barracks taken over from the enemy to be occupied by local units irrespective of which side they give allegiance to.

5. Commandeering of cars to cease.

Collins was pleased when Ó Muirthile reported the progress to date, but when the committee reconvened the following morning, Ó Muirthile found that the anti-Treaty side had decided to up the ante:

While Ó Muirthile’s account gives the impression that this was the last such meeting, it was not. According to O’Donoghue, the focus now shifted to the new constitution:

McKelvey wanted to negotiate directly with Richard Mulcahy, the Minister of Defence (Library of Congress)

A split within the split

After the failure of the IRB talks, tensions continued to mount and there were armed clashes in Kilkenny on 2-3 May with National Army troops eventually forcing the surrender of Executive forces who had occupied prominent buildings; then, four National Army soldiers were killed in a gun battle between the two factions on 4 May in Newtowncunningham, Co. Donegal.

Mellows and Seán MacEoin, representing the two sides, agreed a ceasefire the same day. This provided breathing space for further, but fruitless, efforts to find a basis for army unification – a committee of ten TDs met under the auspices of the Dáil but could not come to an agreement.

A separate committee of senior officers, including Collins, Mulcahy and O’Duffy, as well as several members of the Executive (although not McKelvey), seemed to be edging towards a compromise but became stuck on the issue of who would be the Chief of Staff of a reunited IRA, Lynch or O’Duffy. Those talks continued until mid-June, by which stage the majority of the Executive – but not Lynch – had had enough and voted to break off further negotiations.

A third Army Convention held two days later proved to be the most controversial of the series, as Tom Barry had come up with a radical new plan for how IRA unity might be achieved.

At the third Army Convention, Tom Barry put forward a proposal to resume the war against the British

On 22 June, Field Marshall Henry Wilson, former Chief of the Imperial General Staff and one-time Military Advisor to the Government of Northern Ireland, was killed by the IRA outside his home in London. The British government attributed responsibility for the killing to the Four Courts garrison and insisted that either Collins take action against them or they would. A few days later, the Provisional Government found a pretext for doing so.

As part of the Executive’s ongoing efforts to implement the Belfast Boycott, on 26 June, Leo Henderson led a party to the Baggot Street garage of Fergusons, a Belfast-based car business. National Army troops arrived and arrested Henderson and his men. Later that night, in retaliation, O’Malley and others kidnapped the National Army’s Deputy Chief of Staff, J.J. “Ginger” O’Connell and imprisoned him in the Four Courts.

National Army troops arrive in Baggot Street, Dublin, to arrest an anti-Treaty IRA party who had raided Ferguson’s Garage (Irish Examiner, 12 April 2022)

Belated attempts were made to improve the defences of the Four Courts:

Members of the Four Courts garrison pose with their sole armoured car, The Mutineer (www.comeheretome.com blog)

L: Proclamation to Fellow Citizens of the Irish Republic, possibly co-authored by McKelvey; R: the typewritten manuscript (Whyte’s Auctioneers)

Part 2 of this post will trace McKelvey’s final months.

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