The influence of the Catholic Church on the drafting of the
Constitution is a subject that has continued to pre-occupy many who have
written on, and more who continue to write on, it nowadays.
It is very
clear that the draft document was substantially the work of senior civil
servants who operated to a very tight deadline between 1935 and
mid-1937 (I have described this process elsewhere in this supplement).
Nobody
will deny that the Catholic Church and Catholic thinking had an
influence on aspects of the document. But to argue that much of the
Constitution was drafted by Jesuits and other clerical advisers flies in
the face of evidence, which has been available in the public domain
since 1987.
The new Constitution was not a retreat to
confessionalism, and the article on religion did not fall 'just short of
church establishment,' as one historian has written as late as 1998 –
10 years after the De Valera papers on the Constitution had been
released.
But first, I will deal with the role of the Irish
Jesuits in the drafting process. Fr Edward Cahill, was, like De Valera, a
Limerick man. He was an Irish speaker and a popular author of articles
and books on Catholic social action.
De Valera knew him in both
capacities, writing as he did to De Valera quite frequently in the early
1930s. Although the drafting of the new Constitution was a closely
guarded secret, Cahill got to hear of it and offered to help De Valera.
When
the Jesuits were made aware by Cahill of his intentions, the Provincial
set up a committee, which submitted a report – through Cahill – to De
Valera later that autumn.
That report was forwarded by De Valera to
Hearne and the small drafting committee. The level of its influence
should not be minimised. But it was not extensive.
The idea that
the future Archbishop of Dublin, John Charles McQuaid, and the Jesuits –
ah!
Where would we be today without Jesuit conspirators – sat at De
Valera's right hand as he put the document together is not in accordance
with what is to be found in personal papers and national archives.
It
is true that McQuaid was a neighbour and very friendly with the De
Valera family. De Valera himself had attended Blackrock College, where
McQuaid was principal between 1931 and 1939. The president's sons were
attending the college at the time of the drafting of the Constitution.
McQuaid,
like Cahill, had also got to hear about the drafting of the new
Constitution.
Perhaps encouraged at first by De Valera to pass on his
thoughts, he found that he was soon being buried under an avalanche of
submissions based on papal encyclicals and church teachings.
While
De Valera fielded the material and was the conduit through which
documents went to the drafting committee, McQuaid sought to influence
the drafting of articles on education, on the family, divorce and
directive social principles. His thinking was very strongly confessional
and resisted by members of the drafting team, who had the
responsibility to produce a document of enduring worth and value, which
would apply equally to all citizens.
Article 44 – the article on religious – was where McQuaid appeared to score his most spectacular success.
In
the first draft – circulated in the second week in March 1937 to a
handful of De Valera's most valued senior civil servants and ministers –
the draft article on religion (then numbered article 43) did make the
Catholic Church the established church.
Reaction among De Valera's
'focus group' was undoubtedly negative. The next revise of the
Constitution, circulated to all the secretaries of government
departments, found that the religious clause had been left 'in blank'.
Thus
De Valera began a process of secret 'shuttle diplomacy' throughout
April 1937, seeking to find a formula that would prove satisfactory to
all the churches.
He moved between the Catholic archbishops of Dublin
and Armagh, keeping in touch with the papal nuncio, Paschal Robinson.
He
met the Church of Ireland Archbishop of Dublin, Dr Gregg, and a leading
Presbyterian, Methodist and member of the Society of Friends.
He
most certainly also met leading members of the Jewish community. He
found it easy to gain agreement with his new descriptive formula from
the non-Roman Catholic churches.
But divisions continued over
those like McQuaid and Cardinal Joseph MacRory of Armagh, who wanted 'a
one true church' formula, and those who were prepared to settle for a
more muted wording similar to what eventually found its way into the
Constitution.
Fearing a church-state crisis over the matter, De
Valera sent the Secretary of the Department of External Affairs, Joseph
Walshe, to Rome armed with a number of draft articles. This was an
effort to stave off a crisis with Irish bishops, which might result in
the Constitution being voted down in a plebiscite.
In Rome, Walshe
was permitted to consult the Cardinal Secretary of State, Eugenio
Pacelli.
The matter was treated by the papacy with due seriousness and
great urgency. If pressed to make a public statement, Pope Pius XI would
have been obliged to uphold inclusion of the 'one true church formula'.
But – thanks partially to the intervention of the papal nuncio, who
argued about the specificity of the Irish case and presence of a large
Protestant population on the island – the Pope decided to maintain his
silence.
That left the way open for De Valera to publish the
Constitution with the reference to the 'special position' of the
Catholic Church, which remained in the document until January 5, 1973,
when it was removed in a referendum.
De Valera had to ward off one
bid just before the document was published by a Jesuit to have the
reference the Church of Ireland removed on the grounds that it was not a
church.
That bid fell on deaf ears.
In the end, the Constitution
as published, was not a confessional document. It had the support of the
leadership of all churches and faiths in the country.
Imperfect
it may have been, but it was not a bowing of the knee to the crosier.
The Jesuits may rest easy!
Conspiracy theories find no support in the
archives.
The author is Emeritus Professor of History and Emeritus
Jean Monnet Professor of European Integration Studies, University
College Cork