He, like the majority of those in the Irish Republican Brotherhood, supported the Anglo-Irish Treaty and was involved in debates against de Valera during the controversy, most especially discussing the status of Sinn F*in as a political entity. He was re-elected as a Pro-Treaty Sinn F*in TD in the 1922 general election, siding with the Free State government during the Irish Civil War. According to Frank Henderson, as told to Ernie O'Malley, Liam Lynch and other members of the *amon de Valera's Anti-Treaty faction began planning the assassination of McGarry among other TDs supporting the Public Safety Bill. On 10 December 1922, shortly before the first meeting of the Free State parliament, a fire was deliberately set by the Irregulars at his family home resulting in the death of his son.
*amon de Valera
McGarry