Letter from the Irish Prisoners, Frongoch, to Timothy Healy, KC, MP, 7 October 1916.

1 T.M Healy Esq. K.C., M.P. Arising out of the subject of our letter to you dated 4th
inst., re vindictive and unjustifiable punishment which is being
inflicted upon us, we beg to specially draw your attention to a
specific instance which would seem to indicate the rapid approach of
those disastrous results which we have foreseen from the commencement
of the inflicted punishments. 4th Oct On this date the usual fatigue party of eight prisoners was
detailed by our Camp Leaders to clean out our own ash pit. Before doing
so this fatigue party proceeded to the entrance gate of the South Camp.
and there stipulated to the military authority that they would only
clean out their own ash pits on the conditions that they got a
guarantee that they would not be punished for refusing to clean out
the soldiers refuse pits. This guarantee would not be given them; and
they were placed in the guard-room by the military authorities. 5th Oct On this date the above party of eight prisoners was sentenced
by the Commandant to 14 days solitary confinement in the cells in the
North Camp, to be followed, we presume, by the usual punishment of
isolation. He also ordered the additional punishment, that Daly's
inward and outward letters be stopped altogether for one month. 6th Oct On this date one of the prisoners, Patrick Daly( see para
date 15th Sept. of previous letter), who was a member of the above
fatigue party was again brought before the Commandant charged with
refusing to clean out his cell in the North Camp, and to eat his food.
The Commandant put this prisoner back for trial by court martial under
sections 9 and 44 of the Army Act, which he stated carried on conviction
sentences of imprisonment, with or without hard labour, not exceeding
two years, or penal servitude for not less then three years; or death.
Apart altogether from the undesirable effect upon discipline of the
general body of prisoners here, which these proceedings may be
calculated to have, there are many grave legal points pertaining to these
punishments to which we earnestly desire to draw you attention. The opening paragraph of the order by virtue of which this
large body of untried and unconvicted Irishmen are kept in internment
here, reads as follows:- 2 'Notice is hereby given to the above- named that an Order has been
made by Secretary of the State under the Regulation 14B of the Defense
of the Realm Regulations directing that he shall be interned at the
Place of Internment at Frongoch.' Now, Sir, on our arrival here we were directly and specifically
given the control and management of the South Camp, Frongoch. by the
military Commandant; and the names and methods by which we have carried
out our duties in this respect continued to draw forth unstinted praise
from him, ( and he informed us on the parade that he had furnished a Report
to this effect to the Home Office) until we refused on principle to
undertake work in the neighbouring quarries, when the North Camp was
opened up for the internment of further Irish prisoners , the same control
and management was given to the prisoners interned therein, that they
were separate and distinct internment camps, and there is no physical
connection between them, and as a further elucidation of this point we
may remark that when sometime ago the majority of the prisoners
interned here applied to the Commandant for a transference of the whole
body of prisoners to the North camp on the grounds that it was more
healthy and comfortable than the old distillery buildings which
constitute the South Camp, he informed them that he had no power to do so
without an Order to that effect from the Secretary of State. We contend, Sir, that by virtue of the Order served upon each
of us that the South Camp Frongoch is our place of internment, and must
continue to remain so until revoked by another Order emanating from the
Competent authority, who in this case is clearly the Secretary of the State,
and that the Commandant here has no authority to order the prisoners to
undertake work which is entirely outside the bounds of their place of
internment. In our opinion the commandant is acting 'ultrs-vires' or
illegally in punishing any of the prisoners here for refusing to clean
out the soldiers refuse pits, a work which is entirely outside the bounds
of their place of internment; and that the Commandant has no power or
authority whatever to take any prisoner from out of his place of intern
-ment, as defined by the Order served upon him, and to intern him in
another place of internment without obtaining in each case an order from
the Secretary of State ordering him to do so . If this is correct the 3 Further acts of the prisoner Daly which had arisen primarily as a
result of refusing to obey a wrongful order are not punishable by the
Commandant, or by court-martial at all, as they occurred outside his
proper place of internment, from which he had been illegally removed.
And we are further of opinion, that if any officer connected with this
camp should sit at, or preside over this court-martial its findings
would be null and void, on the grounds that such an officer was
interested in the conviction of the prisoner. The prisoners here have never objected to clean up refuse
created by themselves within their place of internment; and we are
always prepared to efficiently carry out all work essential to the
sanitation of our place of internment; but we distinctly and clearly
refuse en bloc to the cleaning out of refuse pits which have no
connection with our place of internment, and contend that before any
of us can be removed from this our place of internment, an entirely
new order by the Secretary of State must be individually served upon us If our contention is correct as to the illegality of the
removal of prisoners to the North Camp, under the circumstances
previously stated, we would ask you to consider whether these men are
interned at all; this is to say whether their illegal removal has not
quashed their Order of Internment; and if this is correct the trail
of Daly by court-martial by any set of officers appointed for the
purpose will be utterly illegal. Our desire is to retain you for the trail on behalf of Daly
if he is court-martialed but our difficulty is getting in touch with a
solicitor who will brief you. If we could get in touch with Mr Gavan
Duffy we would gladly instruct him in the matter. We desire, Sir, to remain, Your obedient servants, Head Leader
Leader Room 1.
Leader Room 2.
Leader Room 3.
Leader Room 4. P.S.8th October. On this date the prisoner Patrick Daly was dragged down from
his cell in the North Camp to the hospital in the South camp by four
soldiers alto there were stretchers available. This condition may
be judged from the fact that he had to be lifted bodily from the chair 4 in the hospital to the bed. He was left in this hospital without any
orderly in attendance or even within calling distance by the sentry placed
over him. There being two separate and distinct hospitals in the South Camp.