Letter from the Irish Prisoners, Frongoch, to Timothy Healy, KC, MP, 7 October 1916. Letters 1916-1923

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Frongoch Internment Camp in Wales was a makeshift prison used for the internment of approximately 1,800 Irishmen in the wake of the Easter Rising, 1916. It was to become known as the “University of Revolution” because of the revolutionary nature of the inmates. Timothy Michael 'Tim' Healy, (1855 – 1931) was an Irish nationalist politician, journalist, author, barrister, and an Irish MP in the Irish Parliamentary Party in the House of Commons. He was one of the few King's Counsel who represented Irish prisoners detained at Frongoch Internment Camp after the Easter Rising, 1916.This is further to the prisoners' letter of 4 October (BMH CD45/4/6/1) to Healy. This letter draws attention to a specific case which shows that the concerns previously expressed are well founded. It details the escalation of punishment of prisoners refusing to do certain work and cites the case of prisoner Patrick Daly and his treatment for refusal to comply with orders. The writer wants to challenge the legality of moving prisoners between the North and South Camps (two separate and distinct units) in the absence of an order from the Secretary of State and suggests, therefore, that if a prisoner has been illegally moved from one camp to another his internment is effectively ended.

 Military Archives of Ireland Bureau of Military History Contemporary Documents, George Gavan Duffy Collection, BMH CD45/4/7/1 https://letters1916.ie/item/350 English 1916-10-07 Timothy Healy Male Easter Rising Ireland 1916

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 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:- '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 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 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.