As required by its terms, the agreement was approved by "a meeting" of the members elected to sit in the House of Commons of Southern Ireland and [separately] by the British Parliament.
In reality, Dáil Éireann (the legislative assembly for the de facto Irish Republic) first debated then approved the treaty; members then went ahead with the "meeting".
Erskine Childers, the author of The Riddle of the Sands and former Clerk of the British House of Commons, served as one of the secretaries of the Irish delegation.
This invitation in August 1921 had been delayed for over a month by a correspondence in which de Valera argued that Britain was now negotiating with a sovereign state, a position Lloyd George continually denied.
[5] In the meantime, de Valera had been elevated to President of the Republic on 26 August, primarily to be able to accredit plenipotentiaries for the negotiations, as is usual between sovereign states.
[7] On 18 September Lloyd George recalled that:[2] From the very outset of our conversations [in June 1921] I told you that we looked to Ireland to own allegiance to the Throne, and to make her future as a member of the British Commonwealth.
Plenipotentiaries usually have full powers to handle negotiations as they see fit, but de Valera had given them instructions to refer back to his cabinet on any "main question" and with "the complete text of the draft treaty about to be signed", which created difficulties.
Days after the truce that ended the Anglo-Irish War, de Valera met Lloyd George in London four times in the week starting 14 July.
[12] Many points still had to be resolved, mainly surrounding the form of an oath to the monarch, but it was clear to all the politicians involved by this stage that a unitary 32-county Irish Republic was not on offer.
Personal bitterness developed; Arthur Griffith said of Erskine Childers: "I will not reply to any damned Englishman in this Assembly", and Cathal Brugha reminded everyone that the position of Michael Collins in the IRA was technically inferior to his.
The main dispute was centred on the status as a dominion (as represented by the Oath of Allegiance and Fidelity) rather than as an independent republic, but the Partition of Ireland was a significant matter for dissent.
The "meeting" itself had a somewhat ambiguous status, not being convened or conducted in accordance with the procedures established for the House of Commons, nor being declared a session of Dáil Éireann.
Those assembled overwhelmingly approved the treaty, nominated Michael Collins for appointment as chairman of the provisional government and immediately dispersed with no parliamentary business taking place.
This was the nearest that the House of Commons of Southern Ireland ever came to functioning; no other meeting ever took place, but the vote on 14 January, in strict compliance with the treaty wording, allowed the British authorities to maintain that the legal niceties had been observed.
[27] Opening the debate on 14 December, President de Valera stated his view on procedure: It would be ridiculous to think that we could send five men to complete a treaty without the right of ratification by this assembly.
[28] On 15 December, Robert Barton was questioned by Kevin O'Higgins about his notes on Lloyd George's statement about signing the agreement or facing a renewal of war: "Did Mr Lloyd George single Mr Barton out as the left wing of the delegation and did he say, 'The man who is against peace may bear now and forever the responsibility for terrible and immediate war?'"
This was seized upon by opponents of the treaty as a convenient proof that the Irish delegates had been subjected to duress at the last minute, and "terrible and immediate war" became a catch-phrase in the debates that followed.
I believe that that document was signed under duress and, though I have a moral feeling that any agreement entered into ought to be faithfully carried out, I have no hesitation in saying that I would not regard it as binding on the Irish nation.
By 6 January, the day before the final vote, de Valera acknowledged the deep division within his cabinet: "When these Articles of Agreement were signed, the body in which the executive authority of this assembly, and of the State, is vested became as completely split as it was possible for it to become.
[32] Griffith, as President of the Dáil, worked with Michael Collins, who chaired the new Provisional Government of the Irish Free State, theoretically answerable to the House of Commons of Southern Ireland, as the treaty laid down.
They comprise a vital resource on the psychology of the Irish War of Independence and show the varying ideals that sustained the Sinn Féin deputies.
"[33] Collins was killed by anti-treaty republicans in an ambush at Béal na Bláth in August 1922, ten days after Griffith's death from heart failure which was ascribed to exhaustion.
"They were magnificent", he told his son in 1932, just after he had entered government and read the files left by Cosgrave's Cumann na nGaedheal Executive Council.
Even de Valera's proposals made in secret during the Treaty Debates differed very little in essential matters from the accepted text, and were far short of the autonomous 32-county republic that he publicly claimed to pursue.
Healy wrote to his brother on 11 December 1919: "Lloyd George said that, if he could get support for a plan whereby the six counties would be left as they are, he would be ready to give the rest of the country Dominion Home Rule, free from Imperial taxation, and with control of the Customs and Excise.