The above book was published in 1970. Although Michael Comyn acted as legal adviser to de Valera, as mentioned in other publications there was a falling out. It was believed by Michael Comyn KC that de Valera had promised him the position of Attorney General which was not the case. It was the Circuit Court.

The above book quote: “The Republican Government’s aim was, in Parnell’s immortal phrase, to prevent the setting of ‘a boundary to the march of a nation.’ The Provisional Government were enforcing ever-stronger repressive measures. At the end of September they had authorized the army to execute prisoners found in guilty possession of firearms or taking part in attack on the army, or on public or private property. Now came another traumatic step in the sequence – the arrest on November 10th of Erskine Childers, at his cousin Robert Barton’s house at Annamoe, Co. Wicklow. The arrest of Childers was bitter news. Kathleen O’Connell noted in her diary that de Valera was “frightfully upset and unhappy about it”. He feared that he would be treated ruthlessly. He had been singled out for personal attack by Arthur Griffith in the Dail in April. He was singled out again in debate on the decree granting the army wide powers of life and death and referred to Kevin O’Higgins as ‘the Englishman’ who keeps steadily, callously and ghoulishly on his career of striking at the heart of this nation. Childers had taken no part in the actual fighting but he had, despite the greatest difficulties, continued to issue publicity in favour of the Republic. He had been sent to Dublin by Liam Liam Lynch, who knew his services would be required by the Republican Government and from Annamoe he had sent a letter to de Valera saying he was available. The letter de Valera destroyed at once. The arrest of Childers heralded indeed the most horrible part of the Civil War. Brugha, Boland, and Collins had died during the heat of strife. Childers was tried by Court Martial for possessing a pistol and, while the trial was in progress, four young prisoners were executed for having been found with arms. No wonder Kathleen O’Connell wrote: ‘Consternation everywhere. Looks like a forerunner for Childers’. execution’. Once again she noted: ‘President very unpset and unhappy’. Miss O’Connell’s foreboding proved justified when Kevin O’Higgins Minister for Home Affairs of the Provisional Government, indicated in the Dail that day the four young men were executed lest it might be said that the first victimwas chosen because he was an Englishman. Childer’s trial was not yet over, but the horror of the civil war was sinking deep in blood. De Valera did all in his power to prevent the execution. He was in constant touch with Michael Comyn who acted as counsel for Childers. He advised that it was essential the Republican position should not be compromised in any way but, short of that, all legal steps should be taken to defend the case. The main point made was the Provisional Government was acting illegally.’

It is important to note that people like Michael Comyn, de Valera, Kathleen O’Connell, those on the Republican side, did not have the benefits of keeping files and records to create their input at this time. Two Judges have written currently, Sir David Foxton, and Judge Sean Enright focusing on this era of civil war in Ireland

Michael Comyn KC (1871–1952) was a prominent Irish barrister, nationalist, and later a Fianna Fáil politician and judge, deeply involved in republican activities during the revolutionary period. Born in County Clare, he built a successful legal career after being called to the Irish Bar in 1898 and taking silk as King’s Counsel in 1914. His nationalist leanings led him to defend republican prisoners during the War of Independence and Civil War, often challenging British and later Free State authorities through innovative legal tactics, such as writs of prohibition and appeals to the House of Lords. He was known for his role in high-profile cases, including the 1921 Re Clifford and O’Sullivan appeal, where he successfully delayed executions and contributed to saving the lives of 42 men sentenced by military courts, partly through exhaustive historical arguments and procedural delays that drew royal intervention.

During the Civil War, Comyn aligned with the anti-Treaty side despite knowing Michael Collins. He served as principal legal adviser to Éamon de Valera, who relied on him for counsel amid the chaos, including the arrest and trial of Erskine Childers in November 1922. As the user’s excerpt notes, de Valera was deeply distressed by Childers’ capture at Annamoe and destroyed a letter from him to avoid incrimination. Comyn acted as Childers’ defense counsel at the military court martial, where Childers was charged with possessing a small Colt revolver (a gift from Collins). Alongside Patrick Lynch KC, Comyn argued vigorously on technical grounds before the Free State High Court and appealed the conviction, emphasizing the illegality of the Provisional Government’s actions and military tribunals’ jurisdiction over civilians. However, the appeal was ongoing when Childers was executed on November 24, 1922, at Beggars Bush Barracks—an act Comyn later described as a “complete negation of justice.” This event marked a grim escalation in the war’s brutality, as the excerpt highlights, with de Valera urging Comyn to defend the republican position without compromise while exhausting all legal avenues. Comyn’s efforts underscored the Republicans’ strategy of using courts to challenge Free State authority, even as they boycotted institutions and operated shadow systems.

The lack of contemporaneous records from republican figures like Comyn, de Valera, and Kathleen O’Connell, as the user points out, stemmed from the clandestine nature of their operations—destroying documents for security and lacking formal archives amid guerrilla warfare. This contrasts with Free State records, many of which were later destroyed in 1932 before de Valera’s government took power.

Post-Civil War, Comyn remained a key adviser to de Valera, helping form Fianna Fáil in 1926 and advising on the founding of The Irish Press. In 1928, he was nominated as one of six Fianna Fáil Senators to the Free State Seanad for a three-year term, representing republican interests during a period of opposition. He was re-elected in 1931 for nine years and served as Leas-Chathaoirleach (deputy chairperson) from 1934 to 1936, actively debating and legislating while criticizing political opponents. However, a falling out occurred around de Valera’s accession to power in 1932. Comyn expected to be appointed Attorney General of the Irish Free State but was passed over in favor of Conor Maguire. Family accounts suggest Comyn believed de Valera had promised him the role, leading to bitterness; he initially refused a Circuit Court judgeship offered by de Valera, viewing it as a lesser position. The rift affected the broader Comyn family—his brother James, also a de Valera adviser, shared the grievance, prompting him to remove his son from Belvedere College and send him to school in England.

Despite the tension, Comyn accepted the judgeship in 1936 on the Eastern Circuit, resigning his Seanad seat, and served until his death in 1952. The user’s mention of a promised Attorney General role versus the Circuit Court aligns with this, though some sources frame it as Comyn’s perception rather than a explicit promise. Recent scholarship by judges like Sir David Foxton and Sean Enright has illuminated this era, drawing on archival sources to fill gaps in the historical record. Foxton’s 2008 book, Revolutionary Lawyers: Sinn Féin and Crown Courts in Ireland and Britain, 1916–1923, analyzes Republicans’ paradoxical use of British courts to advance separatism despite ideological boycotts. It covers legal strategies from the Easter Rising through the Civil War, including challenges to martial law death sentences in 1921 (like Comyn’s Clifford and O’Sullivan case), coroners’ inquests, compensation claims, and defenses against internment and courts-martial. While not focusing on Comyn specifically, it contextualizes lawyers like him as “revolutionary lawyers” who navigated dual loyalties to republican ideals and legal processes, often delaying executions and exposing British inconsistencies. Enright, a retired barrister and judge, has produced a trilogy on revolutionary trials and executions. His 2019 book, The Irish Civil War: Law, Execution and Atrocity, examines the Free State’s 83 executions (including Childers’) as a wartime tool that bent legality to suppress the anti-Treaty IRA. It details how initial Dail resolutions in September 1922 empowered military courts to impose death for arms possession or attacks, evolving into rushed “military committees” by 1923 with minimal due process—no legal representation, inferred guilt, and batch executions. Enright critiques the Free State’s deviation from rule-of-law claims, noting the High Court’s deference to government in Childers’ habeas corpus appeal, invoking “suprema lex salus populi” (public safety as supreme law). The book also covers extrajudicial killings and reprisals, attributing them to the National Army’s guerrilla roots, and retrospective legalization via 1923 acts. De Valera’s later use of similar tribunals is noted, highlighting irony. Enright’s earlier works, Easter Rising 1916: The Trials (2013) and After the Rising: Soldiers, Lawyers and Trials of the Irish Revolution (2016), complement this by exploring pre-Civil War trials, including those defended by figures like Comyn.These modern analyses substantiate and expand on 1970s accounts like the user’s excerpt (likely from the Earl of Longford and Thomas P. O’Neill’s biography of de Valera), using declassified files and legal records to reveal procedural flaws and human costs absent from wartime documentation. en.wikipedia.org +14

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Detail Comyn’s Senate contributions

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Michael Comyn KC served in the Seanad Éireann from 1928 to 1936 as a Fianna Fáil Senator, bringing his extensive legal background as a King’s Counsel and republican adviser to bear on legislative debates. His tenure spanned a critical period in Irish politics, marked by Fianna Fáil’s opposition to the Free State government until 1932 and subsequent governance under Éamon de Valera. Comyn was nominated to the Seanad in 1928 for a three-year term as one of six Fianna Fáil representatives, under the leadership of Joseph Connolly, to advance republican interests in the upper house. en.wikipedia.org +1 He was re-elected in 1931 for a nine-year term and served as Leas-Chathaoirleach (Deputy Chairperson) from December 1934 to February 1936, where he guided procedural aspects of debates and ensured orderly discussions. canisgallicus.com +1 In this role, he succeeded Michael F. O’Hanlon and was succeeded by David Robinson. Comyn was also nominated to committees, such as the Joint Library Committee in 1932, alongside Senators like Mrs. Costello and Sir Edward Coey Bigger.

oireachtas.ie He resigned his seat in February 1936 upon appointment as a Circuit Court judge on the Eastern Circuit. en.wikipedia.org +1 Comyn’s contributions were characterized by his nationalist leanings, legal acumen, and advocacy for policies aligning with Fianna Fáil’s agenda, including economic independence, cultural revival, and social reforms. He was described as a keen debater and hard-working legislator who was unforgiving toward political opponents, often drawing on historical precedents and constitutional principles to argue his points. canisgallicus.com +1 His background as de Valera’s legal adviser—particularly on withholding land annuities to Britain and founding The Irish Press—influenced his Senate work, where he emphasized accountability, procedural fairness, and resistance to executive overreach. canisgallicus.com +2 He demonstrated independence by initiating a successful 1932 legal action against de Valera’s government to recover £20,000 in IRA funds, underscoring his commitment to principles over party loyalty. canisgallicus.com +1 Key Themes in Contributions

• Nationalism and Sovereignty: Comyn frequently advocated for policies reducing British influence, such as removing the Oath of Allegiance and challenging constitutional phrasing that subordinated Irish law.
• Legal and Procedural Fairness: As a barrister, he pushed for judicial oversight in licensing and regulations, opposing police or ministerial discretion to protect citizens’ rights.
• Cultural and Language Revival: He championed compulsory Irish language knowledge in professions, linking it to practical needs in Gaeltacht areas and national identity.
• Economic and Social Reforms: He engaged in debates on industry, unemployment, and social welfare, balancing progress with protections for vulnerable groups.
• Industrial and Agricultural Interests: Drawing from his personal mining ventures (e.g., phosphate and tin discoveries in Clare), he defended modernization while critiquing interventions that hindered economic development. dib.ie

Specific Debates and Bills.Comyn’s interventions often involved moving or supporting amendments, using eloquent speeches with historical analogies to bolster arguments. Below are detailed examples from key proceedings:

• Public Charitable Hospitals (Temporary Provisions) Bill, 1929 (Committee Stage, December 4, 1929): Comyn contributed to discussions on funding sweepstakes for hospitals. He questioned the financial guarantees, asking whether the Minister for Justice’s assurance was personal or state-backed, and emphasized the need for clarity and oversight to prevent mismanagement and maintain public trust. canisgallicus.com
• Illegitimate Children (Affiliation Orders) Bill, 1929–1930 (Second Stage, December 11, 1929): In this social reform bill enabling mothers to seek maintenance from fathers, Comyn supported the intent but raised practical concerns. He advocated for safeguards against frivolous claims, clear paternity proof standards, and equitable enforcement to avoid overburdening courts or unfairly targeting fathers, while balancing compassion for mothers. canisgallicus.com
• Flour-Milling Industry Motion, 1930 (December 3, 1930): Comyn delivered a detailed speech opposing a motion for government intervention in the industry, particularly against suspicions that the British firm Ranks aimed to destroy Limerick mills. He congratulated Senator Connolly on his presentation but argued Ranks’ investments (e.g., seeking dock leases) indicated modernization, not closure. Using historical examples—like Limerick brick workers smashing machines or Dublin jarveys resisting taxis—he illustrated the futility of blocking progress, warning that interference would harm the industry. Despite his opposition, he served as a teller for the “Tá” (yes) side in the vote (16-23 defeat). oireachtas.ie
• Unemployment Insurance Bill, 1930 (December 18, 1930): Comyn voted in favor (“Tá”) of an amendment by Senator Thomas Johnson to retain higher contribution rates (e.g., 8d. for men instead of 6d.), aiming to sustain fund income for potential benefit extensions beyond 26 weeks, especially for those with dependents. He did not speak but supported limiting reductions that could remit £300,000 annually while maintaining benefits (amendment defeated 9-25). oireachtas.ie +1
• Betting Bill, 1930 (Committee Stage, June 10, 1931): Comyn actively supported judicial over police discretion in bookmaker licensing (Section 4), arguing it protected against “ministerial or police caprice” and drew on precedents like publicans’ licences. He moved amendments for non-resident certificates to go to Circuit Court judges (Section 5) and to prohibit premises communicating with dwellings housing minors (Section 11), emphasizing child protection and citizens’ liberties. He also moved to bar resident minors from entering betting premises (Section 23). His arguments highlighted executive encroachment risks, with one amendment defeated 6-31 (he voted Tá and served as teller). oireachtas.ie
• Veterinary Surgeons Bill, 1930 (Committee Stage, June 24, 1931): Comyn moved an amendment requiring competent Irish knowledge for registration from January 1935 (Section 31), arguing it was reasonable (assessed by the Veterinary Council) and essential for Gaeltacht practice, where herdsmen use Irish terms for diseases (e.g., “galar craptha” for red murrain). He linked it to cultural revival, comparing to English’s post-Norman resurgence, and national duty for professionals. He supported simplifying unqualified practice rules (Section 46) for broader aid access and protested constitutional phrasing in the agreement (Section 2) subordinating Irish law to British charters (amendment defeated 6-25; he served as teller). oireachtas.ie
• Constitution (Removal of Oath) Bill, 1932: As a staunch republican, Comyn advocated for removing the Oath of Allegiance to the British Crown, using his legal expertise to argue its constitutional validity against pro-Treaty opposition, advancing Irish sovereignty. canisgallicus.com
• Land Bill, 1933: Comyn vocally supported this Fianna Fáil reform redirecting land annuities to Irish coffers, defending its legal and economic basis amid the Economic War with Britain. canisgallicus.com
• Cathaoirleach Election, 1934 (December 12, 1934): Nominated as Fianna Fáil’s candidate, Comyn tied with incumbent Thomas Westropp Bennett (28-28), losing on the casting vote of Chairman William Hickie. His proposer highlighted his six-year tenure, legal reputation, and competence in rules and impartiality. The vote followed political lines, with Comyn securing all Fianna Fáil votes plus Labour and independents like Sir Edward Bellingham. oireachtas.ie +2

Overall, Comyn’s Senate work helped legitimize Fianna Fáil’s policies in opposition and power, filling a gap in republican representation while applying rigorous legal scrutiny to legislation. His efforts reflected the era’s tensions between tradition, modernization, and independence, though sparse records limit full documentation of his speeches.

11 web pages

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