,".'& An.i THE HISTORY OF IRELAND, FEOM ITS UNION WITH GREAT BRITAIN, JANUARY 1801,, TO OCTOBER 1810. BY FRANCIS PLOWDEN, j;^Q. = r ,^ _ iir 1.1. 1 1 IN THREE VOLUMES. VOL. n. " Ineorrnpta fides midaque Veritas." Hon. DUBLIN : PRINTED AND SOLD BY JOHN BOyIb:, NO. 9, AREAN-QOAY. 1811. CONTENTS to .VOLU ME II. CHAPTER HI, y AJminiJiration of Sari afjHARDWlQKE, ^ -unAr Ur.Pnti ^New. MinifteriEiJ arrangements — Mr. . Put's rivalry with NapoJ leon— rPariiam^ntary proceedings unier Mr. Pitt — Lamentable state of IreJand-^Mr. Juftice Fox charged by Lord Abercorn Jdore of JadgeFox's caSc^Lord Abercorn's influence m Tyroriej —Mr. Pitt's loss of infiueifce & prorogation of Parliajneiit . King goes to ^feymouth — Internal staje of the country Mr. Fofter sworn in GhaiV. of the Exchequers-Internal eff'efts of Mr; Pitt's contineiital and home politics — ^Minifters encourage the coolness between the King and Prlnce^Mearis of damp.og the '-Gathplici ejspedlations — Prciceedii^of the Catholics — Lord Sid- itiOuth's influence upon the'Kihg^.^Opening of Parliament ^ — ¦ King's speech — Proceeding:S in Parliament oh Irifti affairs • Resolutions of the Catholic raeeting-^-AppHcations againft the ¦ Catholic p'etitlon-T-Mri Giffard's opposition to th* Cathulic peti tion — Mr. Gffard's dismissal from office — Conference of the Cai ihol.c deputies witli Mr. Pitt^-^Mr. Pitt's arswer — Con'tinuance of conference — Close of the conference, and Mr. PivL'saihinaatuni -Catholic deputies apply to Lord GrenviiK and Mr. Fox — Catlio- , lie petition presented by Lord Greiiville to the Lords, anj Mr. - Fox to the Co'mmons— Lord Abercorn aosinft Judge Fox — C Si of Judge Johnson— Eff?^ of Juvenja's letters — AvS? o^ Geo. I[_ 3 betjjfeericoiinty.arfd county— The ijlhSe i4*h Geo, IH. re peel ing Scotland^— Strange conftruftion of the 44 h of Geo \\i..- — — * Proceedings againft J.. JohnSon — J Johr.foi 's case broughtbt'fore the Hoiiseof Commons— -Judge jphn;ai,i petjnon;^ (h.-. Lorils * " ' Isjotibn.? ill th4 Commoas respefliiig ftate j^risoners— Irifc_ Bud- VOL, II „ * ri * CONTENTS.- get ajid financial arrangemsjif? — R ecru' ting from the Irifti Mi litia — Petitions againft the Catholic Queftlon — ^Lord Grenville Introduces the petition-rrHiG, fppe.ch — Those of Loud Hawkesbury Duke of Cumberland — EarTSpf iicer-^Viscount Sidmouth — Lord Mulgjravc Lord Holland — Lord Cambden and Biftiop ofDur* ham Lord Redesdale,-^ — Earl of .Limerick — Earl of Suffolk Earl of Buclcinghamshif^T — Lord Carlton Lprd Hutchinson Lord Redesdttle Eail of Ormond-^ — Lord Borrington — Archbiftiop of Canterbury-r^ J^_rl of Albemarle - Lord Chan cellor Eldgn— Duke of Norf^-lk— Biftiop of St. As-n-li-: — Lord Ellenborougli— Earl Weftmortland— Earl Moira— Earl Darnlcy l.or^Aufklan'd— Lord 'icing and Lord Bolton— Division againft the motion— Mr. Fox opens the debate *iii the Commons with a liiniinous& brilliant speech I'he answer of Dr. Duigenan— — - Mr.' Grattan replies to Dr. Duigenan— Mr. Perceval -^ ' Mr. Alexander-— Mr. Win. Smith Mr. L-ee^^ ^ 'V-Sir Wm, Scott — Dr. Laurence Mr. Poller Mr. George Ponsonby — ^Mr. Pitt fpeaks' evafivcly — Mr. Wyndham.^— ~i-;Slr John Newport-— Mr. M. Fit?"gerald — Col. A'rchdall ''^Mr. billon —Mr. Shaw— Mr.- H. Addingron— Mr.-Johii La- 'tou'che^^ Sir J. Cox"Hipp'elA— CjlSe of CONTENTS ' ili ."Troy'v. Symonds- — Grounds of tKe trial — ^ EB^s' of Aft tl- .Cat^plif prejudices — Pardon of Hamiltbh lioW^aii'^LoFd Caftlg- . reagh vacates his seat for Down— Col. Mead proposes to stansd jFor the county Down — Lord Caftlefeagh'priifately -cra'rivaSsSs'h'is . friends and*ulttmately fails— Decline of Mr. PittVheillSi Src:^— Address to Lord, Hardwic'ke on ' his depart'iTe — Meeting 6f O^- . position and decline of Mr, Pitt— TParliaii'iehf&ee^s^and Kind's . Speech — Address to the King. Ainendment-pro'posed Death of,Mr.;Pitt— Conseque^ice'bf ]Mr.'Pitt*S death— -Debate onthe vote of thanks to Mr. Pitt — Mr. pox since'rein coalescing wkh .Lord J5_ijenyille — Negociations for hew 'arrari|;emenI5^-^Drfficul- . ty ill the arrangements — TTie new arrahge'mehtsi:Snttaded — '¦ — Mr. P' tiara, pbjedis to funeral honors fo^LordCorriwallfS;' On account of the pnion — Meetings for/Repeal of the UnSon — Popu lation of the country Lord' Hardwicke'and" tTie jiavlrig bSai'd, /•———Fitft traits of the iiew miniftry. CHAPTER IV. ''A/mimJlratlonofthe^^XJrCEifB'E'b'E'O'RD. p: iSs General nature of the Bedford admlnlftrat'oii—PirftaiSs of the Bedford admijiiftration rState of the Whig adminiftratlon — Ireland leffto Mr, Ponsonby Attempts to lead the Catholic cause Mr 'Ryan and Air. Fo.< Mr. Ryan's application to Mr, Fox for an appointment Mr. Fox's conduft to ^Ir. Ryan, ^Mr. Fox's letter to Mr. Ryan Subsequent cohduft'of Mr., Ryan— T — Catholic mpeting, in Marlborough-street — Result , of the me£ting^ — -Meetiug-of the newCommittee at Mr. Mac, Donnell's— ^Catholic meeting in Earl-ftr.eet — Aggregate meet ing at the Repository Firft resolution of aggregate "meeting Dfehate on the second resoli^t^on — pMr. Ryan's correspondence with Mr Foxdeposited witjjthe Ghairrnan— Dlflittultles rais'ed on the Conven.tion Aft— 7-;Address to the Lord LieutenahE— Resol utions of a Catholic meeting in William-ftreet — Nature of'ftie address proposed to the Lord Lieutenant -Resolutions of the Jy CONTENTS Coiuity.ofiWeiford— Address of the counties of .Wexford, G^re, ,jind oithprs, to. the Lord Lieutenant^- — Addressed If dm corpbra- . tions to the Lord Lieutenant; and of th? Bar to the<^hancBllor-^ -Case.cf Mr, Curran — 7-The Rolls^ offered to Mr. Curran — Spirit, and condnftof the Irifti Govermperit-i-^^^ — Mr. 'Wiboii tKe Tjronc qoagiftrate— T^-pontlnuance of Mr. Wilson's commurf- _«^.ti«ns . ^ith GoYcijiment-— — Case of O' Neil-^- — Mr. Elliott's Jettw to_Mr. Wilson— Commission to investigate O' Neift case. -Difference between Qerjeant Moore and Mr. Wilson '"^ ' • Mr. Wilson sunjmp.ive4 '^ Di^blin Mr. Wilson writes to Mr. - Elliott; — -Mr.,W|lsoii writes to Mr. Ponsonby Mr. Wilson writes again to Mt Elliott— The Chancellor's letter to Mr. Wil- fon-riMr..Wjlseii is refused a commission for Armagh — Conse* qiseiices of that refusal — ^peelings of the Catholics on the new ..adminiftration Mr. Ponsonby sets about reforming the ma- giftracy Wenford and Carlpw magiflrates— Lord GrenTiHe brings on Mr. Judge Fox's case — Debate oh Judge Fox's case Close of Judge Fox's case — Close of Judge Johnson's case Irifii revenues and resources — ^Relief of the poor in Ireland Mr.Fofter's and Mr. Bagwell's opinions — Sir Johlr Newpbrt ex plains — Mr. Alexander opposes the irieasrire — ^The new minifiers shy Ireland, and prorogue the parliament — Vain expe^ncies of the Catholics in Ireland — ^Rt^ormsiiij the flnaiicialdepartmeBts — ^Mr. Grattan reftored to the Privy Council — ^Deathof Mr. Fox. — Suppression of partial difturbances — ^Threlhers— ^Further parti- culars of theThreftera — l)}sEolul;ion ofParliaroent, and Catholics address to Mr. Grattan Threftiers increase — —"the new rni^ ^lifters afting \ipon the old principles Meeting of the new Par liament, and Kiiig'sspeech Private eommurtications wiflj the Catholics-^ Catholic meetings — ' — MoVe eathoKc meetings— ^ Resoluti.on to petition Parliament, that session 'Further resolu- tloi^ of ;:h* Cathorics at large to petitioii-^-CathoHc resolutions fof petitioning ParliameVit^Condroft of the minifters and the Op position— - — 'plre Newry maglflrateS prosecute Mr .-C Haiilonfor a, llbel-;-Ca^horics address the Duke of Bedford^-ProceediftgS in the King's beAich—i— Affidavit of Mr. O' Hanlon— Conduft of tlie Court — A botition*cfusele.« places — '¦ ^Additional gran^ of 5POol. to Marn'ooth College Sir Jolift Newport answers Mr. Perceval's objeilons-^Mr. Grattan siVpports the grant Lord Howick refers to the state'of foreign education Real conduit" tf mlniftrj-— — -Lord HowicU moves the Cathvilic Officeir Wi \\ ,' - CONTENTS 7 air. Perceval's objeftlon, and motion agreed to Measures otj the eve of the change — Miniftsr's condudl againft the Catholics — Real consequence of the secret advisers of the Crown Result of the secret advisers council Lord Grenville's Expose of hl<; dismissal — Lotd Grenville continued ^Resolution to withdraw the bill— Uncdnftitutional pledge demanded— Lord Howick's Expose Lord Howick continues on the. Government pledge — Further particulars of the dispatch Royal objedtions to Lord Howick's bill ^Effefts of the unconftitutional pledge—— Lord HardwicRe's audience of the King Violent difference of the two parties — Mr. Brand's motion -Duke of Cumberland's at- teiript on the university of Dublin Mr, Perceval, Mr. Grattan and Sir Samuel Romilly Marquis of Stafford's motion in the Lords Mr. Lyttleton's motion and Mr. Tighe's speech Mr, Gore's speech Sir John Newport — Mr. Tierney, -^^A meetiiig of the CatholicS-^^-i — Mr, Grattan's letters. Mr, Keogh's speech Counsellor Hussey — Mr. O' Gorman. — Counsellor O' Connell Mr, Mahon Mr, Hussey. — ^Latter conduft of the Duke of Bedford Arrival of the Duke of Richmond -Departure of the Duke of Bedford, HISTORY OF IRELAND, CHAPTER III, Iministration of the EARL of HAHDWICKE, under Jifr- PITT. -000000 — ' X HE disgraceful efforts of Mr. Addington, and ^ his inexpert journeymen, to execute the ruinous projects^ of Mr. Pitt, had so disgusted the thinking and independent, and so alarmed the wavering a'lid interested part of the nation, that that imbecile minister could no longer hold together the ma jority in Parhament, which was necessary to sup port a Government even of the King's friends, Mr, Addington had, during a considerable part of his administration been so intoxicated with parliamen- •tary raiajoiitiies, that he foolishly attributed to his «wn strength, what arose out of thfe occasional support of the old opposition, ot the internal dls- ^un'ioii, forbear^ce or; craft of the seceders. When Mr, Pitt fmm personal .observation, and the busy fiuggestioKS of his creatures had been induced to believe the earnestness of Mr. Addington in main" VOL. ir. B The Rei^n of George IIL 1S04, taining his post against him, who had raised him to it, that ambitious dictator rallied his much diminished forces, and peremptorily summoned to his rank every individual, whom he had origi nally enlisted in his service by art, fear or largess, j\Ir. Addington, the weak dupe of the all-venturous craft of INIr. Pitt, tendered his resignation to the King, which was with reluctancy accepted. In the. sober hour of reflection he found his triumphs visionary, his impotency real. Whatever were the principles, springs and conditions of Mr. Pitt's return to power, certain it is, that, much* negocia- • A letter dated on the 8th 6f May 1801, written by Lord Grenville to Mr. Pitt found its way to the public eye, which let in much light upon those neg&ciations. Lord Grenville and several persons, whom by Mi-. Pitt's desire he had consulted* refused to engage in the -administration, which he was then employed in forming. For says his Lordship, " No considera- " ti6n of personal ease, no apprehension of responsibility, nor " reluctance to meet the real situation, into which the country " has been brought, have any weight in this decision ; nor are we " fettered b.y any engagement on the subject either expressed or " implied : we rest our determination solely on our own strong " sense of the impropriety of our becomiiig parties' to a system " of Government, which is to be formed at such a moment as " the present, on a principle of exclusion. It is unnecessary to " dwell on the mischiefs, which have already resulted from " placing the great' offices of Government in weak and incapable " hands. We see no hope of any effectual remedy for these " mischiefs, but by uniting in the public service as large a prd- " portion as possible of the weight talents and character to be " found in public men of all descriptions, and without any " exception. This opinion I have already had occasion to •• express to you in the same words, and we have for some time " past feeen acting in conformity to it : nor tan we, whilst we Administration of E. Hardwicke under Mr. Pitt. $ tion preceded it: great difficulties were raised iso*. against it at St. James'. Lord" Grenville, Mr. ^'*'^''*^ Windham and other respectable Seceders refused to come into power under them. The new arrangements were announced in the jj^^ j,i„;,. Gazette* on the 14th May: and an in.spection ofe-^i*' "- ¦' ' rangsments. •' remain impressed with that persuasion, concur in defeating an ?' object, for which the circumstances of the present times afford *' at once so strong an inducement and so favourable an occa- " sion." His Lordship ended his letter with what amounts to his absolute conviction of Mr. Pitt's insincerity. " We are •' certainly not ignorant of the difficulties, nhich might have " obstructed the final accomplishment^of such an object, how* •' ever earnestly pursued. But when in the very first instance *¦ all trial of it is precluded, and when this denial of it is made '' the condition of all subsequent arrangements, we cannot but " feel, that there are no motives of whatever description, which *' could justify our taldng an active part in the establishmetit " of a system so adverse to our deliberate and declared opinion," * THE CABINET. Lord Chancellor Lord Eldon. Chancellor of the Exchequer 1 .jyr p-^. and first Lord of the Treasury J First Lord of the Admiralty Lord Viscount Melville. Mas.ter General of the Ordnance Earl of Chatham. President of the Council , Duke of Portland. ' Lord Privy Seal, Earl of Westmoreland. .Secretaries Foreign Department Lord Harrowby, Home Do. Lord Hawkesbury. War Do. Earl Camden, MINOR ARRANGEMENTS, LORDS op THE ADMIRALTY. Sir Philip Stevens, Sir H. Burrard Neale, Sir John Colpoj-s, Avlrairal Gambier, Admiral Patten, Wm. Dickson, Jun. Esq. B2 4t , ', 'The Reign of ffeprge III 1804. , the names shews, that Mr. Pitt now more than ever considered himself the soul. and spirit of the administiatibn, allowing some share of co-ordinate influence to his accommodating friend and veteran in the system. Lord Viscount Melville. The rest were tools, which he wielded at pleasure. The motley selection was attempted to be justified upon new principles, A general doctrine was inculcated into the numerous mal-contents with tl>e choice of the new ministers, that there was inherent in Parliament a constitutional right to interfere witU the King's nomination by withdrawirig its confix dence from any administration, which they might think from expetience inadequate to tlie €xjgen<;ies' of the country; but that the will of the crown was not to be thwarted by. anticipation, by pre sumption to dictate or object^ before the new LORDS OF THE TREASURY. Lord Fitzharris, Lord Louvaine, the Hon. Henry Wellesley, Mr. Scott, Mr, Long. .)>, SECRETARIES OF THE TREASURY. Mr. Huskinson and Mr, Sturges Bourne. BOARD OF CONTROUL, ' EARL OF CASTLEREAGH, 'PRESIDEMT. Joint Paymasters of the army Messrs. Rose and Steek Treasurer of the Navy Mr. Canning, Secretary at War Mr. Wm, Dundas. Chan, of the Duchy of Lancaster Lord Mulgrave. Lord Chamberlain Earl of Dartmouth. Master of the Mipt Mr, Rose. Comptroller of the household Lord George Thynne. Attoriiey General Mr, Perceval. Solicitor General Mr, Dallas, Admimstratlon.qfE.It&rd'ivicke-underMr.Pitt, $ appointees should have entered upon their func- ^^o*- tions. Thus did Mif. Pitt endeavour to acquire credit under his new appointment, by reconciling the public mind to the padiamentary expulsion of Mr. Addington. These principles were substan tially inapplicable to the new arrangements. Mr. Addington's administration had certainly forfeited the coiifidenee of Parliament. But neither Mr. Pitt nor Lord MelVille were new men : they pro fessed no principle, they proposed no system differing from those of their predecessors. Such of. the old, as retained power in the new administra-^ tion offered no change either of principle or conduct. The new subordinate appointments were bottamed either upon long tried subserviency, or strongly pledged fidelity to Mr. Pitt.' But in Ireland so little claim could be set up by the new Government, not to be prejudged, till they should have entered upon the exercise of their offices, that the only change was the appointment of Mr. Foster to be Chancellor of the Exchequer: the man, who had risen into consequence from his lust for the system, under which his country had so long writhed. The actual retmn of Mr. Pitt and Lord Mel- Mr. Pitt's ville to power without Lord Grenville, Mr. Wind- lilpoieoa,' ham, and some other seceders in 1801 bespeaks a difference between them in the principles and conditions either of their abdication or of their re turn, or of both. The particular points of differ ence may not be known to posterity, but certain it is, tliat, Mr. Pitt did not cajiy back with him into 6 The Reign of George III. ISO*, the cabinet even with the aid of his accommodating auxiliary Lord Melville all the influence and power, which left it on his secession in 1801. Besides the loss of the interests of the few, who may be ^irly presumed to have rejected the terms of readmission, (particularly as to Ireland) Mr. Addington by his pledges and accommodation to all the mysteries of the double cabinethdid acquired a lasting hold of the royal mind. He enthusiastically preached up, the favourite eourt d6ctrine,' that the anticipated will of the ^eoutive was to lead the judgment of the deliberative powers of the state. Mr. Pitt fully knew the efficacy of the joint influence of court and treasury: and" he. prepared to make head against the occult powers "behind the curtain. Great Britain, Ireland, and the colonies were still devoted to his rule. Not so stood hein his foreign relations. Prom the failure of all his continental projects, he beheld his country reduced to the awful necessity of contending alone, not as formerly for com merce) t«rritory, or povver, but for existence. Un der his t\yn uncontrouled direction of the British sceptre, he felt the physical forces of the conti nent concentered to a point, and directed l)y a youth, wbt) had risen under his own eyes into nianhood^ and tlie proud possession (no matter how acquired) 0 1" more power, and who had ma-. naged it with more success," than is recorded of any man in the page of history. He reflected with desperate indignation, that Buonaparte had now become the puissant Emperor of the French, notwithstanding his boasted efforts to crush that AdminisirmioH qfE. Hardwicke under Mr. Pitt. 7 nation and erase it from the map of Europe. He W'.-, no where discovered the fruits of his having over- '^^^'^ stretched the regal, extended the aristocratic, and depressed the democratic branches of the consti tution, of his having encreased the national debt by between three and four hundred millions,^ and of his having shed the blood of many score thou sands of his fellow-subjects. His failed ambition had^settled in personal animosity, and he fancied himself the rival of that man of stupendous en- tei^prize and portentous, success. Through Mr, Addington had he basely attempted to decry and vilify the personal character of Napoleon, by the circulation of the most virulent publications, and tbe exhibition of the most revolting prints from notorious hirelings of the British treasury. No sooner bad Mr. Pitt resumed his Functions, Parliament iiian he became sensible, that his majesty's health ceedings" had been but partially restored. Access to, andRtt!' ^' personal communication with the royal personage Avere less free to him now, than during his former administration. The reyal mind was more than ever disturbed with scruples about the violation of the* coronation oath by catholic concession.: and Mr. Addington, who had fed and fomented them, continued to receive more confidential favor from his Sovereign, tlian was usuat or fitting to be eri- joyed by an ex-minister. .Mr. Pitt and the chan cellor had interviews with the Prince of Wales at Carlton House. Besides the reconciliation of the Prince with his Majesty and the Duke of York, which their late correspondence had rendered dif- The Reign of Gedrge: III, 1804, ficHit^ the terms and conditions of , a regency were '¦' ''- universally believed to have been the subject of them. As Mr. Pitt. from his conduct in 1788, and subseq^ient demeanour towards his royal Highr. ness on every qccasion, was known systematically to oppose the possession of any power by his royal Highness independant of th« minister, it vi^as not to be expected, that the result of any proposal from Mr. Pitt should be grateful; to the feelings of his royal Highness, Mr. Pitt endeavoured in the mean time, by manoeuvring in parliament,, to sup ply his loss, of personal, influence upon his Sove reign. His success in the senate fell short, of his expectation ; for with his utmost exertions he carried his defence bill only by. a m^ority of40„and his additional force bill by that of 28 ; in .this latter. a'motion was made,, in which he was left in a mino rity. Soon after Mr. Secretary Nepean obtained leave to bring.in a bill for establishing and maintain ing a permanent additional force in Ireland. Mr. Foster's* motion^ for the appointment of commis sioners to enquire into the fees and expences of cer-, tain offices in Irelandj brought on a most interesting, conversation upop the arrears of the Irish revenues. Some, bills were moved in progress, touching the stamp duties and other ))ranches of, the Lish rc-. venue; and Mr. Foster introduced bills for ex- pla,ining and amending the laws relative to the * So zealous was this gentlepiau for forwarding the system in Ireland, that he acted as chancellor of the cxchequ^^- a Qonai- def able time before he was ajipoipted tp tb,e offme. Adfainistration ofE. Hardwicke under Mr. Pitt. 9 BneA manufactures of Ireland, and for continu- ,,1^^ iug and amending the Irish corn acts. •¦ In opening the Irish budget, Mr. Foster flid^^^/^j'^^^^«_ not let slip the opportunity of laying to the ac-^*'"^' C^unt of the Union the distresses of his country. He lamented to find the predictions, which he hail ventured to urge on the probable state of Ireland, during the disoussions upon the Union, but too forcibly verified by the then deplorable state of her finances, as compared with her pub lic debt and expenditure. Within the last 10 years, the public debt of Ireland had . made an' alarming progress. It stood in .1 793 at 2,400,0001, in 1800 at 25,400,0001. On the 5th January 1804 at 43,000,0001. and in that year there had then been added to it no less a sum than 9,500,0001. 'This formed a quota far exceeding the ratio esta blished by the Union compact to be paid by Ire land. This ruinous race, in which Ireland was so far exceeding her means by her expenditure, would shortly equahze her debt in proportion to that of England, and entitle England to call for a parlia mentary decision and consolidation of accounts and' equalization of taxes. He tlien stated to the house the corresponding produce of the Irish re venue. In the year ISuO, which immediately pre ceded the Union, the net produce of the revenue was 2,800,0001. when she owed 25,000,0001. in the. last year it was only 2,789,0001. whilst the debt- amounted to 53,000,0001. There was every rea son to believe, that for the running year the pro- duce of the Irish revenue v.'ould not yield one 10 The Reign of George III. iso*. shilling towards Ireland's quota in the common expenditure of the eiflpire. Such was the situa tion of Ireland in the surtnner of 1804, as de picted by Mr. Foster, with an enormous and grow ing encrease of debt, "a rapid falling off' of reve nue, and a decay of commerce and manufacture. He then proposed raising additional taxes, >vhich chiefly fell on home made spirits, wine, and tea, to meet the public expenditure of the year *. * Mr. Foster, who novv had again worked his way into th^ favor of Mr. Pitt, with whom he had quarrelled on. the exorbi-^ tancy of his demands for supporting the Union, took this op portunity of endeavouring to white-wash his defection from his old employers by this last burst of forced patriotism. He laid before parliament a fair and true state of the corruption and wants of the Irish government in the management of the reve nue. He minutely set forth the balances permitted to remain ia the hands of the collectors. The last accounts of the ^ormous revenue of England shev.-ed only a balance of 37,0001. ia the hands of the English collectors, and the correspoiiding accounts of .the Irish revenue, shewed a balance of 600,6001, in the hs^nds of the collectors then in office : and in order to prove the rapi4 growth and increase of this abuse, he further stated, thai the arrear in 1803 had amounted to 460,0001, and last year to 505,1001. Besides this heavy arrear in the hands of the collec tors then in office, there also was in the hands of collectors dis missed an anear of 120,0001. He specified as to stamps; the whole of which was collected and paid into the Stamp Ofl^ce at Dublin, and there then was upon a receipt of 182,0001. a deficit of 8,6001 : and in the Post Office, there was then an arrear of 22,0001. oot of a revenue, of 2j0,0001, As a financier of more promise than performance, he assured the house, that two o-reat arrangements were necessary to be adopted in Ireland to keep her from sinking : viz. an effectual reform in the coUectiop of her revenue, and a retrenchment in the expences of her o-overn- jnent. For these salutary ends, he engagetl at a future day to Administration ofE. Hardwicke under Mr. Pitt. 1 1 Before the Parliament rose, Mr. Hutchinson '804. drew the attenfion of the house to th^ daring Mr. justice manner, in which the articles of the Union were 5 Lor7''* broken through by the Irish distillery bills. On'"'"'="''°- the motion of Mr. Foster, ii00,000l. Irish cur rency were granted to his majesty for such ex pences, as exigencies might require for Ireland :. and 1,700,0001 were raised by treasury bills in Ireland, to be charged on the first aids of 1805. Bills were also passed for accommodating the pub lic with a circulation of small notes, and other matters of regulation in the Irish revenue. The Marquis of Abercorn,' about three weeks before the close of Parliament, presented articles of com plaint against Luke Fox, a judge of the court of common pleas in Ireland, grounded on several petitions presented to the house of lords against that Judge, The articles, he said, contained every topic of complaint, that he had before noticed in that hou^e, except what related to certain high military officers, which he had not yet been able to reduce into proper form. For the rest of the charges, he was ready then to go upon them. He moved, however, that a copy of the articles of complaint should be, and they were accordingly sent to Mr. Justice Fox, The substance of them move fpr a committee to he established in England, empowered to examine upon oath touching every item of the public' ac counts of Ireland, that should be brought forward, when any doubt should arise upon them. The abuses and misfortunes of Ireland have never arisen from want of pOKers in the govern ment to prevent or correct them. 12 The Reign of George III. ^^^- was 1«: That Mr. Justice Fox had urged upon the grand jury of the county of ^fmanagh, that it was their duty to address his Majesty to remove the Lord Lieut, from the government of Ireland, with the intent to excite discontent against his Majesty's government. 2*, That he had endea voured to induce the commanding officer of a corps of yeomanry to procure an address from* that corps to the same effect ; and that this was done with the .same evil design. 3^, The third part stated all the com])laints, which had appeared in the petitions of the high Sheriff of the county and of tfie petty jurors ; the high Sheriff com plaining of liaving been fined 5001. by Judge Fox' in an arbitrary manner, and the petty jurors hav ing been stigmatized by him in his judicial ca pacity, as being unworthy to serve as jurors in future. Under this head also was included the complaint of a Mr. Hart*, who complained, that having been one of the grand jury of the county . of Donegal," that' had found a bill of indictment' against one Dodson, for having improperly pro cured the oath of a magistrate concerning the re- j)air of a road, in which j\lr. Hart was in no way interested, Judge Fox upon the trial had taken an opportunity of charging the petitioner \vith having vejy improperly interfered in the business, and had used these expressions concerning him to the petty jury : degraded and disgraced as he is byt * His petition had beeh presented about a month before to the house of commons by Sir JohnJStewart. Administration of E. Hardwicke under Mr. Pitt. 33 this transaction, whi,ch will entail eternal infamy , ''""''- on him and his family. That the jury having been discharged, the petitioner waited on the Judge,, and asked permission to return to Lon donderry, in order to attend a corps of yeomanry, which was refused ; and on the next day -in court, Judge Fox caused an information to be laid against him for a most heinous offence, ordered him into custody, and to te put into the common dock, where having been asked what he had to say for himself^ the petitioner was so terrified, that he was unable to articulate: he was then told he^ should be tried at the next assizes, and was holden to enormous bail for his appearance. When the next assizes came on, no bill was found against him, and he applied to the house to redress the injury he had suffered. The charges lastly stated, that Judge Fox had grossly and wantonly insulted the Marquis of Abercorn, representing him as withdrawing him self from his duty as a Governor of a county from sulky and selfish motives, and concluded with charging the learned Judge with having publicly acknowledged, that he had done so ta vex and annoy the Marquis*. All proceedings were how ever put off to the next sessions. * Within three days after Sir John Stewart had presented Mr, Hart's petition against Judge Fox, Colonel Cole presented .^ a petition to the house of commons from William Armstrong aad others (all Orangemen) of the county of Fermanagh describing themselves as a. petty jury, holden the preceding^ Summer at En-j niskillen, complaining, that one Nicholas Morryson was brought before them 'for trial, upon a charge of murder, of which they 14 The Reign of George III. ISO*- As these weighty and almost incredible charges More of which go vitally to affect the source of public u ge ox s jygj.j^g^ \^jexe. never followed up to a close, al though by coming before parhament they ac quired a publicity, and certainty of being trans mitted to posterity to the discredit of the learned and respectable character attempted to be affected by them, historical justice requires, that an impar tial statement of the circumstances, wiiich gave rise to the accusations, should be handed down to posterity with the substance of the charges. The more so, as it is notorious, that the government was put to the expence of many, (some say 30,0001.) in preparations to bring these charges to a .conclusion ; and Mr, Justice Fox for the hap piness of his country, still retains his seat on the bench, where for many ,years in the administra- felt it their duty to acquit him contrary to the recommendation , of Judge Fox, who -charged them very speciall5^ to find him guilty.. Upon presenting their verdipt, the Judge manifested considerable discontent, and on the followingjnorningjie called tlie grand jury before h'lm, and in their presence and that of a crowded court, reprobated the conduct of the petitioners, stig matized their characters, and held them forth to the country as persons not to be credited on their oaths. He also directed the Sheriff not to impannel them on any jury in future, and also to deliver their names to his successor in office, in order that they misht never again appear upon any jury. They professed their readiness to produce evidence at the bar to substantiate their allegations, their wish to lay before the house a note of the evi dence upon the trial, to which the petition referred, and their liope, that justice would be done them in such way, as to the wis dom of the house should seem meet. The petition was ordered to lie on the table. Administration qfE. Hardwicke under Mr. Pitt. U tion of justice he has exhibited the rare and esti- '8o*. mable exai;nple pf coupling profound learning with iiiflexible impartiality and firmness. For a length of time, and more particularly from the com mencement of the Armagh persecutions in 1795, and the establishment and extension of the Orange societies through the northern counties, the source of public justice had become so habitually cor rupt, that wherever the rights and interests of Catholics and Orangemen came into contest, the result was invariably favourable to the latter. Hence the prevailing behef, that the secret oath of an Orangeman obliged him never to swear against the life, credit, or property of a brother Oranjfeman, The opinion was in strict confor mity wjth the unvarying run of Orange verdicts. The notoriety, with which most of the great land holders of the North cherished and encouraged Orangeism has been already noticed: and none shone more conspicuously zealous for perpetuating that system than the Marquis of Abercorn'. It sufficed, that it partook of any degree of pre ference, exclusion, intolerance, oppression, or ascendancy, to ensure the implacable hostility of Mr. Justice Fox. On the other hand, the Mar quis of Abercorn found the views, spirit, and principles of the Orange societies peculiaily sym pathetic with his own: and he also knew how congenial they were with the feelings and pros- pects of his friend Mr. Pitt, The Irauteur and ambition, which actuated Mr. Pitt's public cour publicly acknowleded, that he had so done to vexj and annoy him. The several persons, vvhom Lord Abercorn had^procured to prefer petitions a;gainst Judge Fox were all Orangemen : and the unfortu nate man, whorar Nicholas Morrison, who was also an orangemany had most outrageously murdered, was a cathohc* Mr. Pitt's Mr. Pitt was little satisfied Avith the supjiort he loss of influ- . , , . , . T« 1- ^ - 1 • ence&pro-l^d rcceivcd lu Parhament since 1^3; return to pfdiiment, offifcc. Altlio' Mr, Addiugton had, affected not to contrciul the late elections by any treasury influ ence, he nowfound himself constrained to exert his personal inflaence upon allthe members, who owed their seats to his patronage or favor, to join him in opposing Mr. Pitt. Though he could brook th«. injurj'- of being, displaced, in order to readmitMr. Pitt fo' power, he could' neitheir forgive nor forget •The a|iithorh|i^ been assured by a person of high honour and unimpeachable veracity present when Morrison was tried, that a mqre flagrant case of murder was never proved before a jury: and that the verdict of acquittal raised the indignation of evei^ unbiasf edman in court, as well as of the Judse. Administration of E. Hardxvicke under Mr, Pitt. I9 * the itisu'lt of being expelled for incapacity and i^o*. weakness. Mr, Pitt expected to regain more of his lost power by negOciation during the recess, than by his oratory ip thie senate, but was reluc tantly constrained to prolong the session to the SJstof July. Under the combination of great exter nal and internal difficulties, it became an object of peculiar anxiety with the minister, to give to the . riation some open and unequivocal proof of the complete recovery of his Majesty's health. When the King went to prorogue the Parliament, the House of Peers was attended by an unusual crowd, and particularly by the fe\v foreign ministers then resident in London. In no part of the speech was there even an indirect reference to Ireland. It was observed, that his Majesty read with his uSual correctness and firmness of voice: but iri turninar Over the leaves of the manuscript, the lat£er and greater part of the speech was omitted to be read: of which no notice was however taken in the house of Peers. But the whole speech, as it was intended to .have been delivered; was lead by the speaker at the table of the house of commons, on their return to their own chamber. Three weeks elapsed after tlie prorogation ofKinggoesta Parliament before it was found advisable, that his "''""'"' * Majesty should take the benefit of the sea air at Weymouth, Tliis time was particularly devoted to private negociations for the adjustment of dif- fereni^es s'till subsisting between the heads of the Royal family and the Prince of Whales, and the most practical means of inducing his Majesty to consult his health by withdrawing himself from the ^ c 2 20 , The Reign of George IIL K^^ cares and burthen of government. The day of the -King's intended departure for Weymouth had been fixed for an interview between his Majesty and the heir apparent j it did, not however lake place. >On that day the Lord Chancellor was for soine hours at Carlton house; and it is not lightly •believed, -that his Lordship was on the occasion so fearfully alarmed atthe critical state of affairs, that he most urgently pressed and supphcated his Royal _ Highness to step forward, and save the Empire from destruction by accepting the sole and un limited Regency. His Majesty relapsing occasion ally into his disorder, experienced some benefit fiom his excursion to the sea coast. ' Internal The apprehen§ions of invasion were industriously imintf "'^ ^^'P^ "P during the whole summer. The govern ment prints sedulously warned the public against the ma,chinations of the French party,* which then prevailed throughout the country. Upon this false assumption they inveighed against French. tyranny and injustice, and with mischievous im providence decryed the loyalty of the native Irish. Thus they justified the expence of their public measures of defence, and affected to sanction the * Heports were industriously circulated by , Government, that the Irish agents and parties in the late rebellion were in high confidence and favour vfith Napoleon. He was said to have appointed the General of division Clarke and Arthur O'Connor, Commanders of the legion of hononr : and the General of Brigade O'Neil was made a member of the same legion. They further, gave out as from authority, that a French fleet full of troops destintd for the invasion of Ireland had escaped out of Brest. Administration of E. Hardxcicke under Mr. Pitt. 2 1 necessity of internal coercion. The encampment of iso*. , 15,000 men near the Curragh of Kildare, consisted ^""^'^'^ of regular militia, artillery, British horse artillery, and a vast munber of the commissariat and driver's corps. Every thing bore the appearance of active service. The Martello Towers and other defen-' sive works were forwarded with unusual energy,* Many persons were taken into custody under the' suspension of the habeas corpus, and the rigorous treatment of the State prisoners, who had. been for several months in confinement, was sharpened* without any visible oir known cause. •Mr. James Tandy, and thirteen othcrof the principal State pri soners of the first class, as they were stiled atthe Castle, petitioned the Lord Lieut, on the II th of July i-SO-t: and after having speV cifiedmany of the acts of'barbarous.cruelty inflicted upon them, as sworn to in the King's Bench, they concluded in these words ;' In short pe experience d treatment rather calculated for untamed beasts, than men. They assured his Excellency, that to the press ing and repeated remonstrances, which they had presented to Dr, Trevor, (the inspector of the prisons) against the harshness of their treatment, they had received a formal answer. That it had not only the sanction, Ezpt its origin in the express directions of Lord IJardti)ick's Qovernment, The first petition having not beeh attended to, was followed up by a second on the 1 2th of August, which again complained, that Cr. Trevor executed his office in a manner at once mean and malicious : and pleaded orders from government iox their rigorous treatment. They complained, that they were go reduced by their sufferings (not merited by them, nor necessary for safe custody,) that 'their lives were become of no value and literally a burthen to them, and that there was not one of the petitioners, who from mciny concurring circumstances could not on oath deelare a firm belief of an intention to deprive than of life by underhand means. SeveraV other state prisoners, who didnot join in those' two petitions already men- 22 The Reign of George Ilf. ^^^^^^ It was pot till the closef of Augiist, that Mr. Mr. Foster, Fostcr was swom iuto his new appointment pf Chan, of the Chaucellor of the Exchequer. Spme attention was ;?cieq«er. gjjg^yj^ ^.^ jj^g police of Dublin aud the incon.veni- ency of thepubhc from want pf circulating medium in their mdney tiansactipns, A depulatipp frprn the Common Council of Dublin with the Sheriffs w^i,te4 uppn the Secrejij^ry Sir Evan Nepean, to \ai,y before hirn the resolutions of their l^st Micliaelmas Ass,embly, >yhich complained of the ruinous and tioned, presented separ^-e, petitions to xhfi Lord Lieutenant, arid gent l<;tters and remonstrances to the Secretary and other confi dential servants of goverumept strongly urging to be examined, tried, and vedresspd for th^iir unmerited and intplerable .suilerings. Most of these appliqations were for a long time ineffectnal. All the petitioners and remonstrants trace the or,de,rs for their rigorous treatment to M. A. Marsden. Mr. Tandy further joined in another remppstrance on the 13th, and a memorial on the 27th of August, ISQi. He had also entered into a personal corres.. pordence with Mr. Marsden, in which he had threatened to ^^nflict personal casiigation upon that G.entleman, in case he should ever be set at liberty. He however, (not the rest of his fellow prisoners) was liberated from confinement on the l^ihof September ISqI-, on entering bail before Mr. Alderman Stamer, liimself in lOUOl. and his two sureties in 5001. each- Mr. Tandy in Sept. 1809, published this solemn assertion. I obtained my enlc^rgeifient on condition, that I luauld relinquish my pr^claim^d ijftention of flogging Mr. Marsden. fOn the 24ih of August I80t, the Right Honorable John Foster, Sir Evan Nepean, Bart, (Secretary) Lord Frankford, Lord Viscount Loftus and the Right Honorable Maurice Fitzge, raid were appointed and sworn in Comijiissioners for executing the qiffiqe of Treasurer to Ijis Majesty's Exchequer in Ireland j as was Mr. Foster for that of Chancello^-pf the Exchequer. For the ac commodation of this Gentleman a ne\v atid supeib suit of apart- ;ne( Your Majesty has gained mpre within ten yeais, both in territery and riches, than the whple extent pf Eu- rppe ; ypur nation is at the highest point of prosperity ; what can it hope from war ? To form a coalition of some ppwers pf the tpntinenl ? The continent will remain tranquil; a coalition can. only increase the preppndefance and contihental greatness of France. The time is past for ienewing internal troubles. To destroy our finances .? Finances founded on flourishing cu)tu're can never be destroyed. To take from France her colonies? The colonies are to France only a secondary objedt'; and does not your Majesty already possess more, than you know hiw to preserve? If your Majesty would but reflect, you muUperCeive*- Administration ofE. Hardwicke und^r Mr. Pitt. S3 tion without previous communication with those J^^°^ powers on the continent, with which he was en gaged in confidential intercourse and connection, Avith a view to that iinportant object, and especially with the Emperor of Russia, who had given the that the war is without an object; without any presumable re sult to yourself."" Alas 1 what a melancholy prospect, to cause two nations tolight for the sake of fighting ! The world is suffi_ ciently large for our two nations to live in, and reason suQiciently powerful, to discover the means of reconciling every thing, when the'wish for reconciliation exists on both sides, I have, however, fulfilled a sacred duty, and pne, wh'ch is precious to my heart. Itrustypur Majesty will believe in the sincerity of my sentiments> andiny wish tp give ypu every prppf of it. " NAPOLEON." " His Majesty has received the letter, which has been ad dressed tp him by 'the head pf the French Government, dated the '2d of the present month. There is no object, which his Majesty has more at heart, than tp avail himself pf the first pp- pprtunity to-prpcure again fpr his subjects the advantages pf a peace fouhded on a basis, which may not be incompatible with the permanent security and essential interests of his stale.";. His Majesty is persuaded, that this end can oijly be attained By ar rangements, which may at the same time provide for the future safety and tranquillity of Europe, and prevent the recurrence cf the dangers and calamities, in which it is involved. Con formably to this sentiment his Majesty feels, that it is impossibly for him to answer more particularly to the overture, that has been made him, till he has had time to communicate with the powers of the continent, with whom he is.engaged in confidential con nexions and relations, and particularly with the Emperor of Russia, who has given the strongest proofs of the wisdom and «tevation of the sentiments, with which he is animated, and the lively interest, which he takes in the safety and independence of Europe. (Signed) " MULGRAVE." VOL. n. X) ^4 The Reign of George III. J^^ strongest proofs of the wise and dignified senti ments, by which he was animated. Proceedings When the Pariiament had been convened a week, in Parlia- ' ' m "ton Lord Suffolk called the attention of the Peers to a Irish affairs. , i • i i motion, which he had intended m the last session to submit to them respecring the situation of Ire land. .^ He gave them that early notice, that he had not relinquished his intention : many circumstances had since happened, which encouraged him to per severe in his design. As however it would soon be known, whether the Irish Catholics would or would not petition Parliament, he should await the result of their determination, and of their petitipn, shpuld they present it. He knew not how to anti cipate its rejection, because he could not bring his mind to imagine, that it would be opposed by a minister, who had given a solemn pledge to use his best and incessant endeavours in support of the measure, which he was anxious should be submit ted to their Lordships ; more especially, when he re collected, as their Lordships would also recollect, that without the influence of that pledge and promise, that minister could never have succeeded in bring ing about the Union, In the commons Mr. Fos ter presented petitions from the Protestant schools, and other similar institutions, for which severkl sums were voted as usual : he also gave in the esti mates, which were afterwards granted under the Dublin paving bill. < Several interesting debates passed in the commons upon Sir Evan Nepean's motion for suspending the habeas corpus act in Ireland, which he proposed to extend to six weekg^ after the commencement of the next session of Administration ofE. Hat^dwicke under Mr. Pitt. 35 Parliament *. He and Mr. Pitt urged as the grounds ^soi. for that harsh measure, that there were then at Paris cpmmittees pf United Irishmen, who com municated with traitors in Ireland upon the most efficient means of effecting the invasion of that cpuntry : aud when the house considered the hu mane and just character of Lord Hardwicke, they Avpuld with plenitude of confidence deppsit that extraprdinary ppwer in his hands. Mr. Fox pn the Pther hand waimly replied, that the character pf the Lprd Lieutenant was immaterial. The cpu- stitutipn taught him to be jealous of granting ex traprdinary powers to any man ; and if there were a possibihty of their being abused, the mild cha racter of the man, in whom they were to be vested was the woi-st of arguments. If the powers were not necessaiy, they ought not to be granted : and if necessary, and the Lord Lieutenant were not fit to be entrusted with them, he ouyht to be re moved. He never haetitipn tp the Legislature tp piPtect the Constitutipn against the inroads intended to be made by the petition. wr. Q\u Lord Hardwicke anticipating the ease, with mi5.-ai from which the victory would be gained, considered that the sacrifice of one man might in the eyes of many keep up the semblance of conciliation, dis missed Mr. Giffard from his situation. The cir cumstance was represented and felt variously by the opppsite parties. Few at the time reflected, -that the Lprd Lieutenant had rather severely had not then been even broached. Mr. Giffard has certainly the merit of having compressed into few and si-gnificant words, the detailed and pompous reasoning of some Siatesrnen upon th^ question, as will appear hereafter. He said, " An affinity be- " tween certain inhabitants of his devpted cpuntry and Bona- " parte, might without any of the mysteries of genealogy be " easily traced. Bonaparte makes a Pope, A Pope makes > " Popish bishops. Popish bishops make Popish Priests, andPo- " pish Priests fabricate Irish Papists. Whilst the latter, true to " a common principle of predilection for their kindred,' it is '' scarce to be wondered at, that Boiiaparte ghould find friends «• and advocate? amongst his spiritual conr;ections and new-fan- •' gled cousins." Whoever thinks so lightly of the apostolic succession of Church Governors, as to imagine, that it mav be interrupted or diverted by the whim, vice, or power of tempo ral potentates, will of course give into the reasioning of Mr. Gif fard and his more dignified followers. But it will be remem bered, that the Irish nation has submitted to three centuries qf persecution for their conscientious diflerence upon this very ' point; Administration of E. Hardwicke under Mr. Pitt. 43 punished Mr. Giffard's mode of opposing a mea- '*"'*• sure, which his Excellency was doubly pledged to resist. Like every hollow measure of state, it offended one party, and did not .satisfy the other. At an adjourned Quarter Assembly on the 3d of May, that Gentleman addressed the meeting at great length and with much warmth.* He went through a highly coloured detail of his own merito rious services in the system, and closed with an animated profession of his unabated zeal for church and state, The resolutions, which his friend Mr. M'Auley proposed to->and were carried by the meeting, shew the general tenor and spirit of his * Mr. Giffard on this occasion well knew, that Mr. Grattan was at that time in England, to lake his seat in the Imperial Parliament ; and fearing no resistance in that assembly, he seized the opportunity pt retprting and at the same time ef verifying what Mf. Grattan said to himonthe huntings, in 1801, (vide. I, vol,) He boasted of having the authority of the' confideijtial Secretary oC the Chief Governor, the Rev, Dr. Lind.say (now Bishop pf Kildare,* that the order of Government to dismiss him from his employment was solely the result of his endeavours to carry the counterpetition at the original Quarter Assembly : but .denied, that the dismissal originated with Government, He was sure. Lord Hardwicke himself -cpuld not have authorized it. He attributed it tp the interference and influence of JMr. Grattan, " that viper of seditipn, the libeller of his King, who is gone to " agitate the minds pf his Majesty's British subjects, after iiaving " excited cpmniptipns in this country, which had nearly deluged " it with the blood of its worthy and loyal inhabitants." He denied having ever received notice of his Excellency's wishe?, that the counterpetition should not to be presented. Had he hosvever received such notice, it would npt have prevented him frqm exercising his freedom of debate in that assembly. He justified his heat by the recollection of his murdered s')n. 44! Tlie Reign of-Qeorge III. ^J^*^ speech,. 1"^. That it is the undoubted right of cyery subject to petition any branch of the Legisla ture, 2" That to injure any subject for' the exer cise of that right is oppressise and tyrannical. 3" Th^t the assembly heard with strong feelings of regret, that one of their members, had been deprived of all office, which he had enjoyed for 22 years .under the Crown, for having exercised that privi lege in his Corporate capacity. . , Conference The dcputics after their arrival in England of the Ca- , . ' , " .... , thoiic depn- having arranged the points, which were to be Pitt. ' '' urged with Mv. Pitt, were admitted to an open conference with him on the 12th of March.* They stated the general object of their mission, pre mising, that the Catholics were extremely anxious to place their case and its merits under his protec tion, considering him to be a sincere friend to their (Cause. They had in him every hope and ex pectation,, as under his a'dministration they had ob- *The conference lasted precisely 50 minutes. It is retailed rather at large, as an authentic -document of Mr, Pitt's real feelings on the ground pf his secession, and an unequivoi-al recognition- of the pledge, under which he had returned to power. He now professed it tP be a duty to resist that vital state measure, which because he could not carry in ISOl, he found it his duty to resign his power. Thus formally supersedi- - ing jJae deljtberative powers of the constitution, and the sworn duties of the cabinet, by surrendering them to the private and unadvised opinions of the executive. Eight deputies attendecl the conference viz. the Earl of Shrewsbury, (Waterford and Wexford in Ireland) Earl of Fingall, Viscount GormanstowUjj Lord "Southwell, Lord Trimblestown, Sir E. Bellew, Co'un- stjllor Denys Scully and Mr.' Ryan. Lord Fre^ich bad not the^ aniyed in London. Administration ofE. Ilardzpicke under Mr. Pitt. 45 tained. almost all the inctulgerices they enjoyed. ^^-"¦'¦ No one could be more .sensible than he was of the incalculable advantages of the measure : they looked therefore confidently to the concurrence of his power and will to give it effect. They assured him, that the body of Catholics in Ireland was loyal and constitutional: and it was their general sense, that an application in their behalf should at that time be made to the Legislature, in order that their case should be fully discussed and thoroughly understood by their fellow subjects. That this had become the more necessary from the misrepresenta tions calumnies and invectives of Sir Richard Musgrave, ^nd pther writers connected with the Irish Government, from which they had received but too much countenance and credit: and that an unworthy advantage had been thus taken of the silence, moderation and forbearance of tlieir body. That it equally was for the good and safety of the Empire, that the real feelings and senti ments of the Catholics, should be well understood in fpreign cpuntries, and that the enemy should not speculate upon the aberration of the Cathohc mind from the duties of allegiance : and that their attachment to Government and respect for the Legislature could not- be more emphtitically evinced, than by a tempeiate and constitutional application to Pariiament, as tP the only tribunal, from which they expected redress. They there- fpre "urged him to present their petition in tiic prdipary way. %tu.swer. 4^ The Reign qf George IIL isns. ^f,._ Pitt acknowledged that the confidence of Mr. ¦pavi so very respectable a body as the Catholics of Ire land was highly gratifying to him ; he had read with satisfaction a copy of their petition trans mitted to him through Sir Evan Nepean, in which they very judiciously refrained from insisting upon the object of it, as a matter of right and justice. He always had considered it, as he still did, as a very pohtical and expedient measure, and that therefore the time of proposing it, was an essential consideratipn in his mind : for the time must always enter into a measure of expediency. There existed at that particular time strong and decisive objections against proposing it to the consideration of the Legislature,* That he knew not when •Mr. Pitt might on this occasion have candidly acknowledged vhat Lord Hawkesbury publicly and officially declared in the House of Lords on the 26t._h of M^rch 1807, in debating the grounds of the Grenville administration's retiring from office ; that although Mr. Pitt had in 1801 gone out of office on that question, yet on his return he voluntarily engaged, that he never woidd again briiig the subject under the consideration qfhis Majesty. " He did not state that with any view of casting reproach on " Lord Grenville, whose conduct wasjdifftrent, but to shew ih^ " regard, which a great Minister had paid to the wishes of hia V King on a question, which involved scruples of conscience in •* the Royal breast" It is now certain, that I\Ir. Pitt returned to office under a special pledge to whhhold and resist that neces. sary and vital measure. Lord H-awkesbury involves him deeper in the system pf pledges, than others, who though they sub mitted to, did not volunteer their pledges on accepting office. Had Mr, Pitt condescended to avow his pledge, it would have spared him on this, as on other occasions the laboured trouble of dis. ggising the truth, forging expedients and inventing reasons for decoying his followers and deceiving the public. Administration of E. Hardwicke under Mr. Pitt. 41 they were likely to be removed : he hinted s'cry ^^^^ plainly (not in express words) what those objec tions were : under those circumstances he must decline presenting their petition, as he could not propose any measure grounded upon it. He wished, that the Catholics had seen, as he did, the extreme unfitness of the time for discussing, their case under such unfavourable circumstances. The bringing it then" under discussion was very disad vantageous to the welfare of the Empire, and par ticularly injurious to the Catholic body, as it put in hazard the ultimate success of their wishes, by obliging many Members then to oppose, who . would at another time support the measure. . He must however allow, that. as they had come to that determination, they had conducted their pro ceedings and brought their petition forward in a manner most peaceable moderate and laudable, and he cordially complimented them upon it: but -at that time it was impossible for him to present their petirioh. The deputies still urgently entreated ]\Ir. Pitt to contmn- give them the protection of his great name andf",.e!,"e.'^'' situation. They assured him, that the pbject of their petitipn was nearest to the hearts of the people of Ireland: that they would never drop or lose sight of it, but persevere in bringing it under the consi deration of the Legislature session after session. He replied, that there was no reason to suppose, that the isabsisting objections would be removed, by the next session, or when they would be removed. He cautiously avoided giving any intimation pros- 48' The Reign of George III isoi. pect or hope of relief, at any particular perFod. The deputies then e.Kpiessed their anxiety, that he should at least countenance a declaratory vote Pr resolution of the two houses of Parliament in favor of the policy and e.Kpediency of the measure, wliich though short of their wishes, would tend mainly to conciliate the Catholic mind in Ireland, by holding up some sure prospect of redre-^-;, however distant or uncertain as to time. That some such earnest fpr their protection from the Imperial Parlia ment was at that time absolutely necessaiy for Ireland. That the welfare of his Majesty's service and the security of the Empire required it. That the veiy same principles had been recognized in 177S^ by the Parliament of Ireland, in tire preamble of an act then passed in favor of the Catholics, as is specified in the petition.* That no reasonable * " Your petitioners furthermore humbly shew, that 26 vears have now elapsed, since their most gracious Sovereign and the Honorable House of Parliament in Ireland by their public and del;bei-ate act declared, that " from the un form peaceable behaviour of the Roman Catholics of Ireland for a long series of years, it appeared reasonable and expedient to relax the disabilities and incapacities, under which they laboured, and that it must lend not only to the cultivation and improvement of this kingdom, but to the prosperity and strength of all his ^Majesty's dominions, that his Maj.esty's subjects of all dominations should enjoy the blessings of a free constitution, and should be bound to each other by mutual intere.n and mutual affection." A declara tion founded upon unerring principles of justice and sound policy, which still remains to be carried intafull eifect (although your petitioners are impressed with a belief, that the apnrehen- sions, which retarded its beneficial operation previous to the Union, cannot exist in the Parliament of the Unit«d Kinf^oin.) Administration'ofE. Hardwicke under Mr. Pitt. 49 doubt could be entfertained of his ability to carry such' a measure through the two Houses of ParUa- nrielnt;' although he might hot succeed in carrying a bill, which could not be peirfected without the con- 'currence pf all the three branches cf the Legislature. That althpugh the measure petitipned fpr might npt' then be attainable in toto pn accpunt of certain objecticns, yet the adopting and sancticning pf a bare principle pf expediency by bcth or either of the Houses of JParliament Could not break in upon scruples supposed to exist in a high quarter, or pffer any violence to conscience in that regard. That on the contrary;" it would tend powerfully to faci litate the final adopticn pf a measure, which he, himself had at heart and deemed pcHtic and expe dient, wheilever the prpper time slipuld arrive fpr prpppsing it. That tP have pbtained a recogniticn of those liberal principles, upon which he had acted, and by which he had acquired such a com manding influence upon the public mind, would greatly forward his views and policy by ensuring ultimate success to the measure. The minister still persisted in declining to present the petition, even for that subaltern purpose. He positively as-ser ted, that at that moment with all the strength of Go vernment he could not carry such a vote or resoUi- tiPn. That he cpuld npt entertajn any measure, which shpuld tend tP a discussipn, where the adpptipn was impracticable. That such a preposi tion would inevitably produce a discussion, and that every such discussion must be highly injurious to the state; That' as he could not c^rry the VOL. II. E 180 J. ^0 The Reignof George III. ^^^°^ measure, he ipnst clecljne undertaking to propose, it. For shpuld tlie deolaratcry vpte pr resplntion be carried, it pught tp be immediately fpllowed up by an effectual adpptipn pf the measure. Thede- j)nties respectfully submitted to Mr. Pitt, that st declaratc^ry vote by its very natuife waived the iip- niediate adoption of the measure, ^nd rested it upqn the assertion of a principle, to which they resorted, .when the temporary difficulties should have been removed : and they strongly insisted upon the pperative precedent pf adeclaratpry vpte in Parliament in favpr of theabolitipn of the slave trade. The ]\Iin is ter barely repeated, that he gouI(J not carry tlie me;asurej and that at any rate he could nptcpnsistently with his sense pf his duty take any step, "which could produce a discussipn of the siibject. cioseof the As Mr. Pitt had sp inflexibly declined acceding T^tm.'^'^' to either pf the two first propositions, the depu- Biat'um"'" *'^^^ urged him still more anxiously upon a third. They assured hinii that the Catholics were deter mined to cling tP him and tP his Majesty's Ge- vernn;ient, as Ipng as they cpuld : that they sliPuld with extreme reluctance be forced to separate themselves and their cause from him, to whom they had ever looked up as to their patrpn and most powerful supporter. That so far were they from wishing in any rnanner to embarrass Minisr ters, they had preferred to embarrass their pwn. cause and cleg its prbgress, than subject them selves to such an imputatipu. They therefpie pro posed to him, that if he would introduce their pe- Administration of E. Hardwicke under Mr. Pitt ST tition, and lay it on the table pf the Hpuse of ,if|J|fj Commons, they would authprize him to state tp the. House, that they did not press the immediate adoption qf the measure prayed for. In a wpid, they were earnestly bent uppn his presenting and countenancing their petition, and obtaining the notice and regard pf Parliament. They assured him, that the entertaining pf the petition at all, though it should be rejected or postppned, would be far more grateful to their feehngs, than utter neglect and disregard. That they wished to be made known to tlieir fellow-subjects in England, hoping, that the more they should be known to them, the better would they be liked. That his compliance with their request would defeat the attempts pf thpse, whp endeavpured tp persuade the Catholics, that they had been deceived and duped by the Union, And in order to induce him to this last proposition, they informed him, that their instructions to introduce the petition were imperative upon them, and they endeavpured to .impress him with a sense ef the advantages he WPuld have in being himself the intrpducer of the petition, by which he wpuld keep the subject ex clusively in his own hands, and preserve the grati tude and support, and command the energies of the Cathplic bcdy in all the measures of his Go vernment. Should he persist in declining this last proppsitiori, the petitipn wpuld inevitably be in- trcduced by spme pther member, whp wpuld brifig on a discussion certainly less agreeable, and prp- bably nipre injuripus, than if regulated and mpde- S% The Reign of George IIL ^805; rated by himself. Mr. Pitt, without noticing any pf those observations, drily repeated: his negative determination : he remarked, that he should feel less personal embarrassment at the discussion, if it were occasioned by any other person than himself, He neither threw out a suggestion for their apply ing to any other channel, nor gave any ground for presuming, that the introduction of the petition through any ministerial member would be likely to soften his ppposition. Fpr he very explicitly de clared, thut he should feel it his duty to resist it. The only advice he condescended to offer, was to withdraw their petition altogether, or at all evente to postpone it. The deputies being still desirous to leave a door open for some arrangement, which might keep alive the hope of Mr. Pitt's ccunte- nancing their cause, entreated him tp allpw hira,- self a day or two to reflect upon the subject of their conference, and hoped he would then favor them with his ultimate commands : they suggested that were he in that instant to decide so firmly against them, it might appear to the Catholic body, that their cause had been prejudged, even" before he had seen their deputies, or communicated with a single Catholic gentleman upon the subject. That this would cast an ungracious cloud over their cause, which they flattered themselves he would not wish: for- even in that moment they were un willing to consider it utterly bereft of his cpunte- nance and support, as they knew it had his kind wishes and approbation, Mr. Pitt assured them, he had not decided upoia the instant : h? had read AdjJiinistration qfE. Hardzvicke under Mr. Pitt. 5$ and atteritively cpnsidered their petitipn, had been '^°^- regularly apprized pf all their pipceedings, had very fully revplved the whple matter in his mind, arid had well deliberated and finally decided the course he should pursue. He had given them the fixed result pf that decisipn. Under the assurance cf Mr. Pitt's (ccnsequently cathoiiode- pfall the ministerialist's) decided cpppsitipn tp thepiy'to ud Cathplic petitipn in every fprm, the deputies held »„!' Mr." several meetings tp arrange their future steps fpr*^"'"' carrying their instruCtipnslntP full effisct : the re sult pf which was tc apply ip Lord Grenville and Mr. Fpx. They gave credit tP Lprd Grenville fpr ' the sincerity, with which he declared the necessity pf carrying the Cathplic questicn tP have been the real cause of his retiring frcm pffice in 1801, aud as he had npt returned tp ppwer with Mr. Pitt, they anticipated his steadiness to their cause. With him they reckcned as sure friends, Lprd Spencer, Mv. VVyndham, and seme pther mem bers, whp had fprmed a part pf Mr. Pitt's fprmcr administratipn, and had resigned with him and uppn pne common principle. In the liberal pp- licy and inflexible integrity of Mr. Fpx, the de puties were sure at all times, and under all circum stances pf cpidial suppprt, as well from him as frpm all his true friends. They considered the tiien cpalesced party of ppposition to comprize ah assemblage of the leading charactei-s in poii^t of talent, rank, influence, political virtue and expe rience : and thei-efore Lord Grenville and Mr. Fox as their lieads aj)peared the most eligible members.- 54 The Reign of George III. 180S. for introducing their petition to Parliament. The deputies applied to them, were most cordially re ceived, and had a conference with them of several hours, at which were present Lord Spencer, the present Lord Grey, and Mr. Wyndham. It ended in Lord Grenvifle and Mr. Fox undertajking to pre sent the petition to their respective houses in Par liament, upon the following minute having been reduced to writing. " The noblemen and gentle- , ' men here present on the part of the Irish Catho- ' lies understanding, that there is nc likelihood ' of Mr. Pitt's objection to time being removed ' in the next session, declare, that it is their wish, ' and as they believe, that of the Catholic body ' in Ireland, that after presenting their petition^ ' Lord Grenville and Mr, Fox should take an ' early opportunity of moving, tp take the said; 'petition into consideration." Thus closed the functions of the Catholic deputation. , On the 25th of March 1805*, Lord Grenville- in the Lords, and Mr. Fox in the House of Com pile to the mpns, presented the Cathelic petiticn t. When I.nids, and ' '' Mr. Fox's muns!^°'"" •'The conference between the deputies and Lord Grenville and Mr. Fox took place on the ISth of March, and on the next day they gave notice in their respective Houses of their inten tions to present the petiiion on the 25th of that month. •t- The prayer qf which was to the following, effect, viz.. " Your petitioners therefore most humbly presume to express their earnest, but respectful hope, tliat this Honorable House will, in its wisdom and liberality, deem the several statutes now in force against them- no longer necessary to be retained, and that his Maje.'ity's loyal and dutiful subjects* professing -the ^ -Bppian Catholic religion, may be eftectually relieved from. the. Catholic pe. tition pre sented by Idicl Gj AdministratioA of E. Hardwicke undef Mr, Pitt. $5 it had been resid and' mpved by Lprd Grenville in ,J^^ tdie- house of Lords, that it should lie on the table. Lord Auckland rose with precipitancy, and ob served with some warmth,, that as far as his ears could catdi the tfenor of it, it went to overthrow the whole system of Church and State ; and: if the prayer of it were to be granted, he should sopn see a Protestant Church without a Pi-ptestant ccngre-^ gatibo, and a Protestant King, \yith a Pppish Le- gislatliF^ He expressed great anxiety, that the questjpn shpald be cahnly and fully discussed, sum moned the Hfeverend Bench to arm themselves for the combat, and dfesirfid, that the result of the dis cussion might be an irrevocablie decisipn uppn the question, and set it at re^t fpr ever. Lord Hawkes bury and Lord Redesdale expressed their general objection to the petitiottj and Lord Chancellor El don objected tc the Duke pf Nprfplk's mptipn fpr its being printed. In the House of Commons Mr. J'ox observed, that through the cpurse of his Par- hamentary duty,, he had never risen with more sa tisfaction, than he then did to present a petition frpm the great body of the Catholics of Irelandj praying to be admitted tp an equal participaticn of all t^he benefits pf the Constitution with the rest of the^r fellow-subject?. Whatever were its merits, of operation of those statutes ; and that so they may be restored to the full enjoyment of the benefits of the British Constitution, and to every induceineht of attachment to that Constitution, equally and in conmion with their fellow-subjects throughout the Biritish" Empire. " And your, petitioners will ever pray, &c." 56 '; -The Reign' of George HI. u, "^^^^Li' '^^^'^'^^ ^^ shpuld then say npthing,ihe: was happy^^ thatitpffered the most satisfactcry prpof, that the bpdy of Irish Catholics sought to remedy the griev ances they felt, by no other than legal means. Having read the petition,- and mOved, that.it should lie on the table, Mn Cartwright lamented/ that it should have been brpught forward at a time, when the Catholics as well as every one else knew, fhat'there was am insurmountable; objection to the attainment of their object; to which the feehngs of the people of Ireland were much alive, and upon which therefore tliere could be no dis cussion without endangering the tranquillity of the country. Mr. Fox observed, that the insur mountable obstacle had not been specified; he could therefore then say nothing to it: whenever he should hear what the obstacle was, he should be ready, to state his opinion upon it. For the conveniency of the Irish Members, an early day in May was appointed for the discussion., as the Spring Assizes would then be over. toid Aber- Much Irisli matter was in the mean time pres- corn against ¦ r ¦ Judge Fox. sed upon both houses of Parhament.; in so much, that it became ^ general complaint, that more of their time was devoted to Irish, than British con cerns, by which the labour and attendance of the Members were insufferably increased. In the House of Lords, the Marquis of Abercorn pre sented new petitions from Mr. Hart, and from Mr. Armstrong and' other Jurors of the County of ^ Fermanagh, and from Mr. Irwin the Sheriff of the same Countv. .iHe also adverted to the heads Administration of E. Hardwicke under Mr. Pitt. 57 or particulars pf the charges, which he intended ^__^''-''- tP' prefer against Judge Fox. The substance of them vvas nearly the same, ,as of those, which he had submitted to them last Session, Tliey then were 7 in number, and he had now reduced, them to 5 : because two of them were too trivial, and founded in misconception : another of the charges he had new methodized, though it remained sub stantially the same : and what he had last Session termed heads of complaint &;c. agaiyist Judge Fo.v, he then simply termed particulars qf thc conduct qf Judge Fo.v. The Chancellor reminded him, that by the 1st of his present Majesty, no Judge was^ to be rempved or called upon to answer for his conduct, but in cpusequence of an Address to his Majesty from Parliament to that eflect. It be came therefore a matter of the utmost delicacy and importance, what papers werb laid before the house, and how that house exercised its delicate powers in that regard. Beset on all sides with difficulties as Lord Abercorn was in the prosecution of Judge Fox, it, appears manifest, that he rested his ultimate success upon his per sonal influence with Mr. Pitt, who still directed every Parliamentary movement, A report was then current, that Mr. Pitt conscious, that his influence in the House of Commons was on the decline, had been induced to dissolve the Parlia ment, which was called Mr. Addington's Parlia- , ment, though Mr. Addington afiected to have exercised no treasury influence in its election. The Marquis had sufficient interest to secure the 58 The Reign of George Hi. ^^f'^- progress he had made, and in order to ensure himself against the disheaitening oper^ion of re- cpmmencing his labcurs, he prpcured an Act tc? be passed, " tc continue the proceedings in the '* House of Loids, touching the conduct of Luke " Fox, Esq. one of the Judges of the Court of " Common Pleas, in that part of the United " Kingdom called Ireland, notwithstanding any " prorog-ation or dissolution of" Parliament." These most extraordinaiy proceedings, agaiosl Judge Fox brought forth the Duke of Clarence to call upon the house to exercise their constitu-! tional duty on the occasion. His Royal HigbHesa most properly s^iggested, that the: initiation of the business should have proceeded from the other- house: for the house of Lords being juridically but a Court of Appeal, could entertain no original proceedings, except in the case of impeachment by the Commons House of Parliament. He moved therefore, that the Committee appointed to sit on the next day upon the subject, shculd be ppst- poned for 6 weeks. The Motipn was ^negativecl by a majority of 9- ^l^fj^-^ n- ^^^^ same Session of Parliament produced ano- «'a- ther Act affecting the case of Judge Johnson, also a Judge of the Court of Common Pleas in Ireland. Its title in great part bespeaks its meaning. " An " Act to amend 2 Acts of the 13tb arid Hth • The prominent opposers of the Motion were Lotrds Lime rick, Westmoreland, Hawkesbury, and Sidmouth; the chief supporters of it were Lords Carlisle^ Spencer, and Grenville. Administration qfE. Hardwicke under Mr. Piit. 5f} ''¦ years of his; present Majesty, for the more effec- ,J^^ " taial execution of the Criminal Laws, and more **- easy apprehending and bringing to- trial offend- " ers escaping from one part of the United King- •' dora to the other, and frpm pne Cpunty to *' anpthen" When a Government can with im punity convert the judicature and Legislature of a Country into engines pf pei^pnal vengeance and oppressipn, then indeed is the; sj'stem becpme so ccrrupt, that it must fall by its pwn, or anpther hand' It has been before obseii^d, that in the month of May 1804, Mr. Cobbett had been found guilty of having libelled Lord Hardwicke and others of his Government in the letter signed Juverna published in his political register. After his conviction he gave up the manuscript letters he bad received by the post from Ireland, tp Gpvern- ment, w1m> spon found persons ready to swear, that they were in the hand writing of Mr. J, Johnson. The letters not only censured Lord Hardwicke, Lord Redesdale, Mr. J, Osbprne and Mr. Alexan der Marsden, whp w^ere mentipned in the indict- jnent, but they alsp minutely disclcsed the views •grpunds and means pf Mr. A. Marsden's having prccured the.. pffice of Attorney General for ]\Ir. O'Grady. It was found prudential not to Ipad the indictment with his name, lest the prosecution might be clogged in its progress, or appear on that accouiit more personal than official. By the scenic preparation for the intended tragedy, it appears, that the act of state was anxiously wished to be covered by sanction of law. The censor of the 60 The Reign of George III. 1805. system became the marked victim of oppressive vengeance. The precipitancy to oppress the daring individual betrayed the managers of the state ma noeuvre into open abandonment of the first principles of Legislation by passing an ex post facto law, and into hostility to the freedom of the subject by defeating the great safeguards of Magna Charta, and the bill of rights against oppression. The particular effects of high influence upon the princi pal actprs in this state-exhibition may be traced through every scene,* which from the marking of the victim led it to immolation. * How strongly state feelings operated upon the legal pro ceedings in this matter in the Courts of Ireland, may be collected from what fell from the Attorney General in his argument in the King's Bench in January 1805, on the legality of the arrest of Judge Johnson, of which more will be said hereafter. " I " cannot help complaining, that it is a little severe, that when " I am seeking to bring another^man to his trial, I am suddenly " put upon my own, &c. I wish to take ftie first occasion of " disclaiming both for myself and others, the most remote idea " of any proceeding towards Mr, J. Johnson, widch the necessary " attainment of justice does not indispensably require." And xvhen Mr. Baron Smith in the first week of the ensuing February, delivered his admirable argument in the Exchequer against the opinion of his brethren on that Beneh, he found it necessary, to make this important cautionary declaration. "I will"not fear,. " that any thing, which I may have urged to day can be mis- " represented or remembered to my injury by -others: I shall " ha:ve rpuzed no treacherous enemy into action : atid. even if " I should, yet knowing hovv free the country is, in which I " live, I cannot , suppose, that their hostile activity would be " successful. The free doctriiies, which 'I have maintained, " I should be sorry to look on as too bold ; and still sorrier to " consider, as in any manner, objalete. Therefore in promulg- Administration ofE. Hardwicke under Mr. Pitt. &\ ' Strong effects were produced both in England ^^05. and Ireland by the publication of Juvernd's letters. Effects of They were universally believed to have been written uuereT by Mr. J. Johnson : and Ixis official character doubled the point and energy, with which they were ; written. Prpportionate resentment against the author arose in the breast of those, who were individually affected by the exposures ccntained in them, and they wielded unccntrpuled the dpuble edged swprd pf vengeance and pf justice. It might be presumptupus tp charge the ostensible mover in this Legislative mystery, with a reflex " ing- 'thena I cannot risk incurring the displeasure of tho'e " constitutional ininds, which have the guidance of the state.'' He then also made this manly, and not redundant profession in the presence of his- brethren on that Bench. " lam con- " cerned for no individual : I am an advocate exerting myself " on behalL of the constitution. Such advocatism is more than " the privilege : it is the duty of a Judge." (Vid : his speech published from the proceedings and notes with his permission.) Mr. J. Day, who was the only Judge of the three in the King's Bench, who openly made head against the courtly doctrines, did not use quite as strong language, as Baron Smith. He manifie^lj^ however shewed, that in differing from his brethren, be 'tad' to labour more against prejudice and influence, than deubt or uncertainty. AJFter having demonstrated, that the courtly construction of the act made an offender thrice punish able, he said, " Still is it, but one crime, whatever the extent " may be of its ravages, whether it. cross the channel, the *' Tweed or only the Thames. To say, that the Legislature ^' would interfere in such a case, and arm with any extraordinary " pVocess, a vindictive prosecutor to glut his resentment by muj- " tiplied prosecutions,.and multiplied punishments, would be to •" make the Legislature auxiliary to a malignant and implacabi*? -" yengeance.-" ffg The Reign cf George IIL 1805. intention, which can not be proved, and ever will be, as it ever has been denied, that the bill was brought in under any particular influence, or for any particular purpose. In May ia04, Mr. Per- cival then Attorney General was either induced or directed to bring in the abcve-mentipned bill as a matter of necessaiy regulation created by the tJnipn. It passed as a matter of course through bcth houses without opppsitipn or even discussion : and no wpnder : for it purported on the face of it no more, than to pTe\'ent fugitive malefactors from eluding the arm of justice, by escaping into Ire land out of the pipcess pf legal writs, after having offended in Great Britain, or vice versa; as the law had already prpvided fpr cases pf such escapes as between ccunty and county in England, and between the several legal jurisdictions of England and North Britain. Mr, Percival repeatedly ac. knowledged he vi^as not aware of the difficultieiS, - which were afterwards raised against it, either at the time of its introduction, or pf its passing into a law. He may have been the uncpnscipus engine of its intended malice. The enacting ^(pd use made pf that act pf the 44th Geo. III. fprlh *too important an arcanum of the system, not to be minutely developed Acuoffieo. * 111 the 23d of Geo. II, an English act vvas li. between county and eouiity • -j-jjg ,.ga(jer will excuse the lenglfh of detail, which is neces sary to dissect the mechanism of t^e state engine so artfully constructed to delude the public and scourge the individual. "Many things can be conclusively proved a posteriori, of which a presumption can be hardly raised bj' argument « jDrtori. The Administration ofE. Hardwickennder Mr. Pitt. 63 passed for the apprehending of persons in any ^^^• county or place upon warrants granted by Justices of the Peace in any other county or place. That act sets forth the reasons of its enactments in these plain words. " Whereas it frequently happens, *' tlmt persons, against whom warrants are granted ^ by Justices pf the Peace far the several cp unties " within this kingdom, escape into other counties " or places out of the jurisdiction of the Justices " of the Peace granting such warrants, and therei " by avoid being punished for the offences, with ¦** which they are charged." For remedy thereof it enacted, that frcm the 24th day pf June 1750, if any perspn, against whpm a warrant shpuld have been issued by any Jixstice, shpuld escape or go secret views, disavowed intentions and premeditated schemes of any set of confederates can only be brought to light, counter acted or remedied by narrowly watching their several actions. In tracing and reflecting upon the several stages of introducing, passing and making use of this Act of Parliament, the reader i& requested to bear in mind some of the leading principles of our Criminal or Crown Law. 1° That no one is to be twice tried and punished for the same offence, 2" That every offender shall be tried in the place, where the crime was committed. S° That a party arrested upon any charge may be instantly bailed, if the offence be bailable. 4'^ That in the charge, warrant-, indictment, judgment and punishment, there be cer tainty and uniformity. He will also awaken his attention tp the facility, with which -tS fi°eeholders can be cnllected fpr a Special Jury, out of whom 12 cannot be selected impervious to the feelings or dictates qf the Bench or higher powers. Thus these acts pperated prpspeclively uj^n fugitives or permanent or tem porary residents out of the jurisdiction, in which their charged «ffeuc^s had been committed, and where they were to be tried. 64 The Reign of George IIL 1P05. Juto any other place out of his jurisdiction, any justice within that jurisdictioii, to which such per son should have' gone or escaped might indorse the warrant, apprehend the person and send him back to the same or some other justice within the jurisdiction, from which he should have escaped or gone, in prder fliat he might be there dealt with according to law: In the next year the Legisla ture found it necessary to amend that act, for the following reasons, as the statute mentions, because an offender might be cut of thejiirisdiction, under which he had offended, befons- any warrant had issued, and then he could not be said to have gone or escaped out of that jurisdiction, after. such warrant granted. The act therefore enlarged the powers of the justices by these words enabling the justice of the place,' where siich person should escape, go into, reside or be, to indorse the warrant, and transmit the .person to the county, where he had ofi'ended ; and with due consideration to the freedom of the subject, it made provision for bailiiig the person so arrested in the place where taken, if the offence charged were bailable, by law. . Thus simply^ stood the law as between county and county in England. These acts of Geo. II. further required, that the warrant of the first justice should be authenticated upon oath, before it could be indorsed by the second. rtVcla'' Then followed the 13th of Geo. Ill, which was i,',g^^f"'''-neariy a similar regulation between England and land. Scotland : the Legislature having thought fit to make a law with respect to criminals escaping Administration ofE. Hardwicke under Mr. Pitt. 6$ from England to Scotland and vice versa : and of that act the 44th of Geo. III. is nearly a transcript. The preamble to the third secticn pf that statute sets fprth the reaspns and grounds pf its enactment. " Whereas it may frequently happen, iehat felons *' and other malefactors in that part pf the ," united kingdpm called Ireland may make " their escape intc that part pf the united king- " dpm called Great Britain, as alsc that felpns " and other malefactors in that part of the " united kingdom called Great Britain may " make their escape into that part of the united *' kindom called Ireland, whereby their offences " ot\en remain unpunished, there being no suffi- " cient pipvisipn by the laws nPW in fprce in " Great Britain and Ireland respectively, for ap- " prehending such offenders and transmitting " them into that part of the United Kingdom, in " which their offences were committed : for reme- *' dy whereof,'' thc Legislature enacted, that if any person, against whom a warrant should be issued in Ireland for any crime or offence against the laws of Ireland should escape, go into, reside or be in any place in England or Scotland, it should be lawful for any Justice of the Peace for the place, whither or where such person should escape, go into, reside or b^e, to endorse his name on such warrant ; which en dorsement should be a sufficient authority to the person bringing it toexecute the same, by apprehend ing the pereon, against whom it was granted, and to ¦convey him by the most direct way in-to Ireland, and vol.. ir. ,r 1805. 66 The Reign of George III, no5. before a' justice living hear the place, where %fi should land, who should proceed with regard tQ him, as if he had been legally apprehended ip such county of Ireland. The 4tii section wad? the like prcvisipns for escapes frpm England or Scotland into Ireland. The statute directed th^ expences of such removals to be paid to the per» son defraying the same by the treasurer of the county, in which thc crime had been committed. It gave powei- to fake bail in the place, where thepersoft .should be apprehended, as between county and .county, but not as between Great Britain and Ire- Jand. The reason is pbvipus : the acts pf Geo. If, which introduced the regulatipn between cpunty jmd cPunty, went to affect all persons, nPt pnljf guilty of capital crimes, but pf misdemeanours arid Pther bailable pffenc^s. Whereas the 13th o^ his present Majesty, which extended the regula-- tion from England to Scotland, where differenti laws and separate legal jurisdictions existed, con* fined it properly to capital offenders, whom it very .significantly denominated fcbns and other nmle* factors. In such form passed silently through Parliament tiiat notorious act: and being wholy un noticed by tlie press, which was at the devotion of ¦government,, it sheathed frpm the keenest eye of scrutiny its edge, ppiut and venpiu, till its iii» tended victim was prepared fpr the torture. Hovv* ever thepietically dPubtlul, whether the atrpcious severity pf this iusidipus act' were designed to ©ye/'^wer th€- Cfiiisor of the Imh. Gpveruraentj Administration qfE. Hardwicke under Mr. Pitt. 6/ it is historically true, that its destructive pcwers J^^ were quickly and exclusively brought to bear uppn the learned Judge. Scarcely will ppsterity believe, that an act s.p strange salutary in its intent, so obvious in its spirit, so Jj°^'of 'th« simple in its wording, should have been tortured Jj*""''^^*"' into an engine of such inconsistency; oppression and injustice. No sooner was it known, that it was the wish of Government that J. Johnson should be tried in England for the libel, which he had been found guilty of pubhshing in Westmi nister, on the 5 th of November 1803, than all tlie advocates for the prosecution and those, who moved under ministerial influence, broadly and unblushingly gave f;he follpwing ccnstructicn to the act. That it extended net pnly tp capital crimes, but tP. every subprdinate pffence, compriz ing under the word malefactor every evil doer indefinitely: that the removal of an offender from one jurisdicticn intP anPther was npt neces sary tP bring him within the statute, either befpre or after the warrant granted : that the act affected perspns committing constructive offences within jurisdictions, in which they never were, as much as if they had there committed the offence, arid thence escaped into another jurisdiction : that it precluded the person charged from bail in all bail able cases, in ilefiance of the habeas corpus act : that it specially applied to cases of libel against persons entrusted with the powers of Government 3nd the offices pf state : that tP prpcure an indorse- F 2 66 The Reign of George IIL xj^^^ ment, it was npt necessary to swear to the priginal warrant : that tp bring a person under the ppera- tipn pf the act, ' it was not requisite, that the offence should have been committed since the day of its operation, (1, August 1804,) but that it operated retrospectively and indefinitely upon all offences committed at any period however remote before the existence of the statute: that the person transmitted under the act to take his trial before a foreign tribunal had no compulsory means of bringing over witnesses in his defence : and that for one single offence he might be thrice tried and thrice punished. Preceding. j^Q g^Qjjg,. i^^j, j^g (jj.^^j j^^j.y ^f Middlesex joimson found thc bill against Mr. J. Johnston, than upon the certificate of the Clerk of the Crown Office Lord Ellenborough issued his warrant to Mr. Wilfiams his tipstaff, to take the body of Mr. J. Johnston, and bring him before a Magistrate in England, for the purpose of giving bail to appear and take his trial at Westminster. The warrant was indorsed by Mr. Ball a Justice of the Peace for the County of Dubfin, and Mr. J. Johnson was arrested in his own house at Milltpwn. On that evening a writ of habeas corpus was sued out returnable immediately before the Lord Chief Jus tice, who ordered the parties to attend him at his house in Dublin, and the return to be made the next day at noon- The Chief Jus'tice was at tended on the occasipn by seven Judges, and the matter was argued for several hpurs: the result Administration ofE. Hardwicke under Mr. Pitt. 69 was, that of the eight Judges present three were ^^05. fpr discharging, and three fpr remanding him : """'^'"^ and two declined giving their opinions. Thence the matter was adjourned into the Court of K^ing's Bench, and argued before, three* of the Judges, two of whom were for remanding him, and Mr. Judge Day was for his discharge. Then a new writ of habeas, corpus was issued returnable , intp the Cpurt pf Exchequer, where the questicn was argued befpre a full Court for 3 days successively. The Barons delivered their opinions seriatim and at great length. Mr. Baron Smithf alone was for his discharge. He was accordingly remanded : and forced to yield to the oppresive construction of that statute. Under it he was compelled to with draw the trial of the question from an Irish to a foreign, tribunal, from a Jury of the vicinage to thc inhabitants of a foreign cpuntry, ignprant pf 'Blr. J. Osboriie having been mentioned in the inditement did not take his seat on the Bench. t Never was a more learned and conclusive argument delivered than that of Baron Smith, Mr, Curran's speech in the Exche quer has been happily preserved. It is a model of the closest reasoning upon sound constitutional arid legal doctrines enriched with an exuberance of point, figure and classical elegance- Mr, Baron Smith made this honorable mention of it in his argument. " If on the present occasipn I suppprt it with ¦" warmth, it may be, I yet retain the excitatipn pf a speech, " which did honor even to the eloquence of Mr. Curran, and " gave additional lustre to the importance, however traiiscedent, " of the present subject. A speech, which those would be " worse than bad critics, who could mistake far mere brilliant " declamation." 70 The Reign of George III. 1805. local circumstanc'es, indifferent aboiit the Welfare and uninformed of the state of the country, where the charged crime was (if at all) originally and effectually committed : and where alone it could be fairly' tried, as beirig the residence of the prose cutors, prosecuted, and all the witnesses on both sides, and the scene of all those acts, the censure of which had been charged to be libellous. But the persons, to whom he was delivered over with out bail or mainprize, and disarmed of the British Shield pf personal libprty, durst not bring the charge before an Irish Jury, by whpm all the fact-s circumstances and perscns of the period, to which the charged libel referred were tpp well understpod. If the act, as it pbyiposly purported, applied to all persons, who by withdrawing from the jurisdic tion, under which their offences were committed, declined, to render themselves amenable to justice, then, escape was pf the essence, and formed an in dispensable ingredient in the composition of every case within the statute, Mr, J, Johnson was station ary and courting trial, where (if at all) he had offended, and could be adequately punished, in lieu of being transported to a place, where he was charged only with having conrinitted a construc tive misdemeanour. jf. Johnson'* As SOOU as a report of the judgment of the btfbrJThr' Court of Exchequer could arrive in London, Mr. Commons,' J ^'irnes Fitzgerald called the attention of the House ofCommons to that very extraordinary detelini- natioiij which he said, he did in consequence of the great agitation, whicfi it had created in Ireland, Administration qfE. Hardwicke under Mr. Pitt. 71 and of the general feeling and wish of the gentle- ,J^°^, men of the Irish Bar, who if they had not concur red with him, would have abandoned that inde pendence of judgment, and all those sound, princi ples of law and reason, of which they had ever been so honourably tenacious. He felt it an imperious duty to call the attention of the House to the pro visions of the act in question, which so flagrantly called for amendment, if by any construction it could be tortured into such injustice. He ob served, that such construction had beeri put upon it by the opinion of two Judges against one. He should have felt it his duty to make a specific mo tion on this head, had he not thought, that the amendment would have come better from the quarter, in which the act had originated. He trusted the honorable and learned author of the act (Mr, Perceval) would frame such amendments, as would be best calculated to preserve the spirit of the act, and at the same time to remove every thing, that could give rise to smch unjust con struction. The Attorney General admitted, that the act required to be amended in some instances, but not in those alluded to by Mr, Fitzgerald: for he knew of no amendments rendered necessary by the proceedings in the covyct of law. Nor ought any thing to be then done, which could prejudice the discussion of the case before the courts by a parliamentary declaration of the sense pf the Hpuse uppn the cpnstruction of the act. When however Mr. Fitzgerald urged the revolting injustice of not taking bail in the place, where the arrest was made 7^ ' The Reign of George 111. ^^^^- for appearance where the pffence had been com-* ' mitted, Mr. Perceval reluctantly admitted, that thia . inconveniency had never been in his contempla tion. The act, which was called his, was nearly a transcript of the 13th of the King, and the defect had never been noticed, till the occurrence then alluded to discovered it in both. Such however was the ministerial tenacity even tp avowed errOr^ and injustice, that thpugh they admitted, they wpuld not correct the evil, whilst it was reme diable. They consented tp a bill being intrpduced fpr cpmpelling witnesses tp attend in England. jndge,Tahn. Aftcrwards Mr. Justice Jchnspn as his last resprt the Lords, petitioned the House of Lords, and was heard by Cpunscl against such clauses pf the bill, as he ccn^ ceived most unjust and oppressive; praying, that his case might not be affected by any post facto law, which was not in existence at the time of the alleged offence. His Counsel strongly urged the crying injustice of punishing a man under a retrospective law, passed 18 months after the alleged pffence had been committed : they adverted to the act afr fording no power of compelling the attendance of witnesses from Ireland, and argued for the de cency and common justice of trying the learned Judge before an Irish court and jury in a country, where his person, character and conduct, particu larly as connected with the object of the indictr ment, were better known, than they possibly could be in England. Lord Chancellor Eldon stood zealously forward to opppse the petition of the Administration of E. Hardwicke under Mr, Pitt. 73 learned Judge, who had been charged with the , 's°^- inexpiable offence of having censured the system of governing Irela,nd. His conscience summoned him to resist the prayer of the petition. Nothing was clearer in law, than that if a man published a libel at York and in London, he was guilty of two distinct offences, •, a-nd could be tried for either of them in one county or the other. ' His Lordship «aid, that it was the duty of all the King's sub jects uppn receiving the King's summons to attend any of his courts of law : he did npt even glance at the refusal pf bail, where the arrest was made, or the unconstitutional hardship of transporting a man to take his trial from his home to a strange country. After a copious harangue upon the earnestness of his own wishes to do ample justice to the country and to the individual, (and one could not be without the other) he objected to do any thing, that could interrupt the course, which the pending trial was then in. He thought it how ever reasonable to afford the party the compulsory means of bringing over witnesses on his behalf^ and this was effected by the new bill. Upon his Lordship's motion, the House negatived some clauses proposed by the Earl of Westmeath, which had been drawn. up to remedy the tvWs complained of by the learned petitioner. Thus was an impro vident and unjust statute reflexedly made the en gine pf carrying as an act qf Stale, what the pro secutors and their managers feared to leave as a matter of law to a tribunal of Irish judicature, to Suarcs. 74 The Reign of George III. im. -^vhich ah the facts of the case were too well known*. Motions in Great pains were taken by Government to ex- iBOHsre- jol the steadiness,, moderation and liberality of State pri- Lord Hardwicke's Gpvernment. Yet the public did not readily account for the frequent changes of his first Secretaries. He had net been four years in Ireland, when the npininatipn of Mr. Vansrttart to succeed Sir Evan 'Nepean, made the fifth ap pointment to that important and lucrative situation since his Excellency's arrival in Dubhn on the 23d of May 1801 j-. Equally difficult was it to bring * On the 29th of Npvember 1805, Mr. J. Jphnson was found guilty in a trial at Bar beforetbe four Judges of the King's Bench at Westminster. The only point made at the trial vras, whether the manuscript were the hand-writing pf J. Jphnspn. Fpur perspns hplding situations in pubhc departments in Ireland, swore, that they believed that to be his hand-writing: five gen tlemen swpre the contrary. The learned Judge was put te a ne cessary expence • pf several thousand pounds in the matter.' Pending this bill in the Commons, Mr. Vansittavt moved for a copy of the cpiresppndence between the Lprd Lieutenant of Ireland and the Judges relative to the case of Mr. Judge John son : a tolerable proof, that it was treated more as a matter of State policy, than of constitutional law. .-(¦ An anonymoifs writer published in 1808, A Sketch of the State cf Ireland past andpresent, in which he thus notices this rapid suc cession of Irish Chief Secretaries or Ministers. " A quicksand Go- " vernment, that swallows in its fluctuations every venture at " reform. In seven years \ve have had four Chief Governors, " and eight Chief Secretaries, of different principles and parties, " each stifling the abortive .syslem of his predecessor by a sys- " tern as abortive." More truly would he have said, tljat they were successively appointed to devise new projects for disguishig and perpetuating one common system of oppression and division. Administration ofE. Hardwicke under Mr. Pitt. 75 within any system of moderation or liberality the unprecedented sufferings and hardships of the indi viduals, who were apprehended in 1803, and con-^ jineil uncV" r the suspension of the habeas corpasact,- and their cohfinemeiit aggravated by the most un warrantable and barbiirous treatment. Lord Henry tetty moved, that there should be laid before thfe House of Commons copies of the depositions of the State prisoners confined in Kilmainham Goal, as given on oath before three Judges of the Court The author of that pamphlet assumes the queint originality of acuie perception, incompttfele reflecion, and ambiguous conclu sion. He affects the patriot, and libels his country. In pro claiming himself unbiassed, he beU-ays- prejudice, bigotry, and fear : owning, that in Ireland impartiality seldom flunks, and never ivritcs, anticipating his pwn fate of being heard by I'cjw and etlending many, he asserts, this tiiy situation, the inn itable fate qf cotemporary truth. If the pamphleteer possessed that respect ability, which his talents and attainments entitle him to, the pub lication of his name would have sanctioned all the truth,hltt, futiiuled, " A Difence of Ireland, or a ret'utaliou of national calumnies, " particularly of a libellous publication, purporting to yive " sketches of Jreland past and present, with reflections on thfe " Amor Patrix, and its' natural otFspring a national spirit, by " Erigena, &c." The purport of ihe title is made good by the author. Erigena writes with the steady perspicuity of the phi losopher, the erudition and elegance of ^ the scholar, and the ua- aifected ardor of ihe patriot. 180S. 76 The Reign of George III. J^^^ of King's Bench in Ireland, who sat there for that piirpose on the l6th and 17th of July 1804; and also copies of the memorials from the said prison ers of State to the Lord Lieutenant, prior and sub sequent to the said dates. Mr. James Fitzgerald on another occasion, moved for an account of all persons imprisoned in Ireland for treasonable charges, together with the causes of their airests, their means of subsistence whilst in prison, and how and when such of them as had been libera ted were discharged. Difficulties were made by the Minister against specifying the grounds of com mitment, lest it should lead to a discovery of the channels*, through which Government obtained informations, • This was the plea, upon which Government constantly rested the justice of the different indemnity bills. It is notorious, that in numerous cases of State prisoners having been confined for years, no charge or information had been made. It appears therefore, that indemnities were more anxiously called for', to prevent eiujuirtfes, whether any and v\hat persons had been con fined without charges or infprmatipns against them, than tp pre vent discpveries pf the channels, thfpugh v.-hich Gpvernment obtained the information, by which they affected to be guided in their discretion. The malignant imbecillity of Lord Hardwickfe's Government is indehbly recorded in the profi^sion of innocent victims they sacrificed to cover pr aipne for their Pwn improvi dence and neglect in July 1S03. It not pnly appeared in evi dence on the trials cf the State prisoners at that peripd, but was expressly- admitted by Lprd Castlereagh in the Heuse pf Cpm- nipns in discussing the shameful events of that season, that not one hundred men had given into the rebellious projects of the unfortunate enthusiast Emmett, and yet above 2000 persons were most rigorously punished, who, if euher disposed or pro- Administration qf E. Hardwicke under Mr. Piti. 77 Mr. Foster having brought forward the Irish ^^^^ ^ Budget, in order to provide for the part of the Irish Bud- supplies for the year to be raised by loan in Ireland, nanciai ar- several debates and conversations took place in tlie ^entt. House of CommoiYs upon Irish taxation. In one of them Mr. James Fitzgerald urged the propriety of adjusting the joint account between England and Ireland, in which though Commissioners had been appointed for the purpose in the last and pre ceding session of Parfiament, no progress what ever had been made. Trusting that the Chancel lor of the Irish Exchequer (Mr. Foster) would at tend seriously to that necessaiy subject, he moved for the production of several papers; viz,, an ac count of all payments on the civil list. of Ireland from January 1, 1801, distinguishing the classes, and specifying the savings or additions on each class, with the causes thereof: an account of all duties outstanding on bond or otherwise in Ire land ,: an account of all new taxes laid in Ireland since January 1, 1801, and the produce of each up to January 1805 : an account of the stock in band in Ireland on July 10, 1804 of teas, wine, sugar, malt, and home-made spirits, with the amount of the additional duty : also an account of the encrease of all duties in, Ireland since January 1, 1801. He also brought in a bill pf much uti lity tP the cPuntry for ascertaining the right of common in Ireland. Several financial bills were voked to rebellion, had on that occasion at least the merit of having resisted the temptation to act against their allegiance. 78 The Reign of Gearge ILL 1805. bronght in, which afterwards passed iptp laws : viz. an Act for continuing and amending several Act^ fpr regulating find seciiring the collectipn of the > duties oji spiiituotis liquors distilled in Ireland, and warehousing such spirits for exportation: a,nd a like Act, v/ith reference to other diities on fire-; hearth, dwelling-houses, coaches, and othgr car riages, male servants, horses, and dpgs ; another, ^s to papers plain i^nd printed or stained: an Act for charging additional duties pn Spanish red wines: a further Act for better collecting and securing tfie revenue of Custojns and Excise, and for prevent ing frauds therein. With all this legislative cau tion, any further recurrence qf deficiency or arrear in the revenue would seem impossible, the more particularly so, as it was managed by_Mr. Foster, whp valued himself for his pre-eminent knowledge pf the commercial and fiscal interests of his ccun- try. Mr, Fitzgerald manifested in many instances ¦a faithful vigilance to the internal interests of his- .country : a, merit not frequently observable in the Irish Menibevs. He g^ve' notice in the House, t,hat after the Easter recess he intended to move fyr an account of the money. raised by Grand Jury pre-sentinents in Ireland for the last three years. A more important subject of regulation could not nrrest the attention of the Legislature. In the course of the two last years, above a million ster ling had been levied 'for the repair pf ipads in that country*. • There is not so crying a source of abuse and jobbing in all Ireland as the system of Grand Jury presentments, and the inter- Administration of E. Hardzcickc tinder Mr. Pitt. 79 Mr. Pitt, nptwlthstanding his declining influ- J^^^^ ^ncc| in Parliament, folind himself necessitated tc Kreraitins . l^ir the Ii-ish Mili- aal management v)f county police. It is but too well known in*'*" thatcountTy, that the appointment of the Sheriffs, Grand Juries, «nd all subaltoni, provincial ofTicci-s is cotnmitted to'the iitfluence of the ministerial Members of Parliament, It thus becomes an {iiexhaustible source of abused patronage i presentiueiits are fre quently rank jobs. In many, instances large sums of aiouoy have been rcceivod by opulent landlords of freehold voters, and the roads have remained impassible, and Uie account!; unsettled. The .sums levied tall not upon the owners but the occupiers of the soil : which when ouce assessed upon the dilFerent denomi nations of the land, if not paid to the day, are enforced in a very xavalier manner by the high constable, who genei'ally bring* with him a detachment of the army, and sweeps the defaulters district of all their cattle. This appears to be a principal occu pation of the army in country quarters. They call it, driving for the public money. Would to God, that the appropriation of flie money were as prompt, faithful, and useful to the public, -as the levy is quick, cosily, and oppressive to the teniuits. NVhcn- ftver the Judges of assize, from a sense of public dirty, resist any Improper conduct of the Grand Jury, they are sure tP eihbroU tliemselves in serious difl'orenccs. Such was the case of Judge Fox and Lord AberciM-ne. -f. Nothing ever let down Mr. Pitt so much in his own eye.'^, ds his inability to carry, his friend and colleague Lord iVIelville through the impeachment pf thc Commons for high crimes and misderaeauors. The House divided in equal numbers, 21(5 upon the pi-evious questiPn put by Mr. Pitt to get rid of^RIr, Whit- bread's resolutions, when Mr. Abbott the Speaker gave the cast ing vote against the Minister. Mr. Pitt, espre-*sed in lively terras, the keen mortification he sullcred in communicating to th« House of Commons his Majesty's acceptance of Lord Melville's resignation of the office of first Loi-d of the Admiralty, and ihe erasure of his name from the list of Privy Counsellors, Mr. Canning, Treasurer of the Navy, was also diiveii by the sense of the House of Comraoras to dismiss Mf. Ti otter, who had been 80 , The Reign of George IIL IS05. resort to Ireland in an indirect manner for recruit ing the army, notwithstanding his new pledged re- ' sistance to the admission of Roman Cathohcs to serve in the army and navy out of Ireland. He brought in a bill to allow a certain portion of the Mihtia of Ireland to enlist into the army, prd- nance, and marines. Np reducticn was hpwever to take place in the Mihtia. The numbers allowed to volunteer were two- fifths of the whole Militia then on foot ; which was then to be filled up to its original complement by baflot witii.all possible dis patch, as he wished the defensive force of Ireland not to be diminished ; and the facility of raising men for the Militia was much greater in Ireland, than in England. Sir John Newport, ever alive to tlie interests of his country, objected to the mea sure, because it would expose Ireland to the at tack of the enemy by taking away the men, al ready disciplined, and leaving its defence to raw recruits*- Several observations were made by Eng lish Members, upon the mode of recruiting for the Militia in Ireland, which up to that period had Lord Melville's confidential Secretary and Agent from the office pf Paymaster of the Navy. * On this occasion General Tarleton observed from his expe rience in the service, that no men were so quick at learning mili tary discipline as Irish recruits. Several experienced officer* have acknowledged to the author, that the Irish soldiers are more athletic, and undergo hardships with much more alacrity and suffer less from them than the English. Their impetuosity and prowess are notorious. Hence a lamentable aggravation of the impolicy of excluding them frpm the regular service, and re cruiting them Poly by stealth or decepti6o. Administration qf E. Hardzvicke under Mr. Pitt. 81 not been by ballot in the respective counties ; but ^^ Militia men were raised, whenever the recruiting- Serjeants could find them. . Several preparatory steps were taken by both PetitiAns • 1 . , . ,¦ 1 1 • ¦ f \ against the Sides m contemplation ot the decision ot the gre^tcathoiic question uppn Catliolic Emancipatipn, which stpcnl for early days in May in beth Houses of Parha ment. Petitions against it were presented frpm the Universities pf Oxford and Cambridge, frpm the cities of Lcndpn and Dublin, the county of Fermanagh, and other corporations and public bodies. In order to have the advantage of the briUiant talents of Mr. .Grattan in the discussion of the Cathohc question, Lord Fitzwilliam in duced the Honorable C. L. Dundas to vacate his seat for the borough of Malton, and 'b^lw Grattan was returned fi)r it. On the 10th of May, Lord Grenville introduced Lord orpn- the Catholic petition* by recommending to their dilc* '"'he " V Catholiit petition. • As the general arguments for and against the merits of the Catholic question have been so frequently urged and defended on late public occasions, and are familiar to all, who interest themselves in it, they will not here be even referred to. Suffice it to observe, that every invidipus and effete pbjection to the Ca tholic faith, doctrines and morals were brought into the contest by the apponents, and anticipated or answered by the supporters of the measure. Those arguments enly will be npticed, which appear to be new and illustrative of the modern history and sys tematic government of Ireland. Having found it a dut.y to give' the tlebaie on this question more in detail, than any other, that has taken place since the Union, as that which most Intimately involved the vital interests of Ireland, the end proposed might VOL, II. 6 82 . The Reign (f Geor^ge IIL. 1805. Lordships tp grant the whple of it, if they meant not be answered, unless the petition )vhich, gave rise tO: it, were adjoined- , To the fiight Honourable and Honourable the Knights, Citizens, and Burgesses of the United Kingdom of-Gi-eiat Britain and' -Ire land, in P'arliameAt assembltfl. .' -• • The HUmblh Petition of ihe Romttn Catholics of Ireland', whose names are hereunto subscribed,- on 'hdtdlf'' of themselves- and hf others, kis Majesty's Subjects, prqfessivg < tjie , HomctrC Qatjmlic Religion. ' ' ,^ • ! i , :. " Sheweth — That youi- Petitioners are^ /^teadfestly . attached to, the PeTSqn,, Family, and Government pf th^ii; Most :GriE(cious Sovereign ; that they are impressed with sentvipent^ of the most alfegtionate gratitude for the benign laws, w'hich have been en acted' for meliorating their condition during' his paternal reign', and that they cohtemplatej ' w-ith T*afion^l and decided- predilec tion the admiiable principles of the British Constitution. " Your Petitioners most humbly state, that; they .have, se- lemnly and publicly taken the oaths by law prescribed tp his Majesty's Roman Catholic subjects, as tests of- political and mo- ral.principles, and they confidently appeal to the sufferings, which they have long enduied, and the-sacrifii^es which they still make> rather than violate their consciences, (by taking oaths of a reli gious or spiritual import contrary to their belief) as decisive proofs of their profibund and scrupulous reverence for the sacred obligation of an oath. Your Petitioners beg leave to repre-^ent, that by those awful tests they bind, themselves,' in the presence of the all seeing Deity, whom all' classes of Christians- adore;- To be faithful and bear true allegiance to their most • gracirtus Sovereign Lord King GEORGE the Third, and him to deft^d tb the utmost of their power against all conspiracies and attempts whatsoever, that .shall be made against his person, crown, or dignity; to do their utmost endeavours to disclose and make known to his Majesty and his. heirs all treasons and traitorous c.gnsjDiracjes, which may be form-.d against him or them^ and Administration qfE. Hardwicke under Mr. Pitt. 83 to discharge that diity, which the Union Imd im- Jso'^. faithfully to maintain, support and defend, to the utmost of their power, the succession to the Crown in his.Majesty's family against any person or persons whatsoever." "That, by those oaths, they renounce and abjure obe dience and allegiance unto any other person claiming or pretending a right to the Crown of this realm : that they reject and detest, as unchristian and iinpious to belieVe, that it is lawful in any way to injure any person or persons what soever under pretence of their being Heretics, and also that unchristian and impipus principle, that no Jaiih is to be kept with Heretics ; that it is no article of their faith, and ihat they renounce, reject, and abjure the opinion, that Prince^, ex communicated by the Pope and Cpuncil, or by any authority whatsoever, may be deposed oripurdered by their Subjects, or bv' any person whatsoever ; that they do npt believe, that the Pope of Roqie, or any other foreign Prince, Prelate, State or Poten tate, hath, or ought tp have any temporal or civil jurisdiction, power, superiority or pre-eminence within this realm ; that they firmly believe, that np act, in itself unjust, immoral, pr wicked, cau ever be justified or excused by, or under pretence or colour, that it was dpne for the gpod of the Church, or in obedience to any Ecclesiastical Power whatsoever: and it is not an Article of the Catholic Faith, neither are they thereby required to believe or profess, that the Pope is infallible, or that they are bound to obey any order, in its own nature immoral, though the Pope or any Ecclesiastical Power should issue or direct any such order; but that on the contrary they hold, that it would be sinful in them to pay any respect or obedience thereto ; that they do not be lieve, that any sin whatsoever, committed by them, can be for given at the mere will of any Pope, or of any Priest, or of any persoij or persons whatsoever; but that any person, who receives absolution without a sincere sorrow f«i such sin, and a firm and sincere resolution to avoid future guilt, and to atone to God, so far from obtaining thereby any remission of his sin, incurs tbie addi,.^ tional guilt of violating a sacrament ;" and by the same solenm vbligation, " they are bound, and firmly pledged to defend, to tfee utmost «f tht-ir power, the settlement and arrangement «f G 2 84 The Reign of George ill. J^ posed upon them, and to prpvide fpr the real and property in their country as established by the laws now in be- ing; that they have disclaimed, disavowed, and solemnly ab jured any intentitfn to subvert the present Church establishment for the purpose of substituting a Catholic estafcrlishment jn its stead ;" and ihat they hav,^ also solemnly sworn " that they" will not exercise any privilege, to which they are or may become en titled, to disturb or weaken the Protestant religion, or Protestant Government in Ireland." " Your Petitioners most humbly beg, leave to shew, that how ever painful it is to their feelings, that it should still be thought necessary to exact such tests from them, (and from them alqne of all his Majesty's subjects) they can with perfect truth affirm, that the political and moral principles, w.bich.are thereby assert ed, are not only conformable lo their ppinipns, but expressly in culcated by the religion, which they profess : and your Petitioners most humbly trust, that the religious doctrines, which permit such tests tp be taken, will be prenounced by this Honoiirable Hpuse tP be entitled to a toleration, not merely partial but complete, under the happy Constitution and Governme^it ,pf this realm : aiid his Majesty's Rotnan Catholic subjects, holdmg those prin ciples, will be cpnsidered as subjects, upPQ whose fidelity the State may repose the firmest reliance. " Your Petitioners further mcst humbly shew, that 26 years have now elapsed since their mpst gracious Spvereign and the Ilpnourable Houses of Parliament in Ireland, by their public and deliberate act, declared, that, " from the uniform peaceable behaviour of the Roman Catholics of Ireland for a long series of vears, it appeared reasonable and expedient tb relax the disab!« lilies and incapacities, under which they laboured, and that it must tend not only to the cultivation and improvement of this.. kingdom, but to the prosperity and strength of all his Majesty's dominions, that his Majesty's subjects of all denominations should enjoy the blessings of a free Constitution, and' should be bound to" each other by inutual interest and mutual aiTectipn : adecla- ratipn founded upon unerring, principles of justice and spund policy, which still remains to be carried into full effect {although Administratidn qfE. Hardzvicke wider 3Ir. Pitt. 85 essential unipn pf all the inhabitants pf Ireland J^^°^ your Petitioners are impressed with a belief, that llj.e apj»rehe{i-„ sions, which leotarded its. beneficial operation previous to the Union,. cannot exist in the Parliament of the United Kingdom),, " For your Petitioners most humb.ly shew, that by virtue of divers statutes now in force, his Majesty's Roman Catholic subr. jects, who form so great a proportion of the population of Ire,.^ land, and contribute so largely tp the resources of the State, dp yet labpur under many incapacities, restraint^ aud privations, which affect them with peculiar severity in almost every station of life ; that mpre especially they are denied the capacity of sitting or voting in either of the Honourable Houses of Parlia ment ; the manifold evils consequent upon which. incapacity ihey trust it is unnecessary tp unfold pr enumerate to this Ho^ npurable Heuse. " They are disabled frpin hplding pr exercising (unless by a special dispensation) any corporate office whatsoever in the cities or towns in which they reside j they are incapacitated and dis qualified from holding or exercising the offices of Sheriff's, Sub- Sheriffs, and various offices of trust, honoui; and emolument in ihe Slate,, in his Majesty's military and naval service, and in the administratioii of the laws, in this their native land. " Your Petitioners, declinin,^ to enter into the principal detail of the many incapacities and inconveniencies avowedly inflicted 6y those statutes upon l^is Majesty's Roman Catholic subjects, beg leave hpw.ever, most earnestly to solicit the attention of this Honourable House, to~lhe humiliating and ignomin\ous system of exclusion, reproach and suspicion, which those statutes generate aiid keep alive. " For your Petitioners most humbly shew, that in conse quence of the hostile spirit thereby sanctioned^ their hppes of eq- ^ joyingeveu the privileges, which, threugh the benignity of their most gracious Sovereign, they have been capacitated tp enjoy are nearlj' altogether frusu-ated , insomuch that they are, in ef fect, shut out, from alnaost all the honpurs, dignitiei:, and offices of trust and emolument in the State, from rank and distinction in hi* Slajcsty's anny and navy, and even from the lowest situations 86 The Reign of GfiorgeJJ[L J^"f;^ in bonds of afiV.ctioo and- loyal ty^ and^. resolutiPii and franchises in the several cities and corporate towns through out his Majesty's d'bminions, " And your Petitio'ners severely feel, that this unqualified interdictibn 6f those of their communion from all municipial st;^- lions, from the franchises of all Guilds and CbfpdrattoLns, and from the patronage and benefits annexed' tb'those situations, is an evil not terminating in itself; for they beg leave to state, that, by giving an advantage over thpse of their communion to others, by whom such situation^ are exclusively possessed, it establishes a species of unqualified monopoly, universally operating in their disfavor, contrary to the spirit, and highly detrimental to the freedom of trade, " Your Petitioners likewise severely feel, that his Majesty's Homan Catholic subjects, in consequence of their exclfisipn from the offices of Sheriffs and Sub-Sheriffs, and of the hostile spirit pf thpse statutes, do not fully enjoy certain other inestimable pri vileges of the British Constitution, which the law has most zea lously maintained and secured to their fellow subjects. " Your Petitipners most humbly beg leave to solicit the atten tion of this Honourable House to the distinctiop, which has con ceded the elective, and denies the representative franchise to one and the same class of his Majesty's subjects, which detaches from property its proportion of political power under a Constitu tion, whose vital principle is the union of the one with the other; which closes every avenue of legalized ambition against those,, who must be presumed to have great credit and influence among the mass of the population of the country ; which refuses to Peel's of the realm all share in the legislative representation, either actual or virtual, aqd repders the liberal profession of the law to Roman Catholics a mere pbject pf pecuniary traffic, de spoiled pf its hopes and of its honpurs. " ''our Petitioners further most humbly shew, that the ex- rlusiph pf SP numerpus and efficient a purtion of his Majesty's subjects as thfc Roman Catholics of this realm, from civil ho nours and oITjcps, and from advancement in his Majesty's array and navy, act«/ally impairs, in a very material degree, the mosf, valuable resources of the British Empire, by impeding hi* ]Vla. Administration of E. Hardwicke under Mr. Pitt. 87 to defend the King and Cpnstitutional interests of ^^°^' jesty's general service, stifling the most honourable incentives to civil and military merit, and unnecessarily restricting the exer cise of that bright prerogative of the Crown, which encourages goqd subjects to prompte the public welfare, and excites them to meritQi;ipus actipns, i)'y a well regulated distributipn of public honours and rewards. _ " Yotir Petitioners beg leave most humbly to submit, that thpse manifold incapacities, restraints and privations, are abso lutely repugnant to the liberal and comprehensive principles re cognized by their most gracious Spvereign and the Parliament of Ireland ; that they are impolitic restraints upon his tlajesty's Royal prerogative ; that they are hurtful and vexatious to the feelings of a loyal and generpus people, and that the total aboli tion of them will be found not pnly coinpatible with, but highly cpnduciye to, the perfect securhy of every establishment, reli gious or political, now existing in this realm. " For your Petitioners most explicitly declare, that they do not seek or wish, in the remotest degree to injure or encroach upon " the Rights, Privileges, Immunities, Possessions, or Re venues appertaining to the Bishops and Clergy of the Protestant Religion as by law established, or to the Churches committed tp their charge, or to any of them " The sole object of your Pe- titionei-s being an equal participation, upon equal terms-with their fellow subjects, of the full benefits of th^ British Laws and Constitution. " Your Petitioners beg leave most humbly to pbserve, that althpugh they might wiiland jilstly insist upon the firm and un abated loyalty pf bis Majesty's Rpmai) Cathplic subjects to thelf most gracious Sovereign, their profound respect for the Legisla.^ ture, and their dutiful submission to the laws, yet they most especially rest their humble claims, and expectations of relief upon the clear and manifest cpnduciveness of the measure, which they solicit, to the .general and permanent tranquillity, strength, and happiness pf the Briti.sh Empire, And your Petitipners, en tertaining np dpubt pf its final accomplishment, from its evident justice and ut'ility, do most solemnly assure this Honourable • House, that their earnest solicitude for it, at this peculiar crisis. 8S The Reign of George III ^2^°^ the cpuntry against all enemies external and inter- arises principall)- from their ansipus desire tp extinguish all mo tives to disunion, arid all means pf exciting discontent, " For your Petitioners most h-jmbly stale it as their decided opinion, that the enemies of the British empire, who meditate the subjugation of Ireland, have no hope of success, save in the dis union of its inhabitants ; and therefore it is, that your Petitioners are deeply anxious, at this moment, that a measure shpuld be accpm])lished, which will annihilate the principle pf religious animosity, and animate all descriptipns pf his Majesty's sub jects in an enthusiastic defence of the best Constitution, that has ever yet been established. " Ypur Petitipners therefore mpst humbly presume tp express their earnest, but respectful hppe, that this Hpnpurable House will, in its wisdom and liberality, deem the several statutes now in ferce against them, np longer necessary tP be retained, and that his Majesty's Inyal and dutiful subjects, prpfessing the Re- riian Catholic religion, may be effectually relieved from the ope ration of those statutes, and that so they may be restored to the full enjoyment of the benefits of the British Constitution, and to every inducement of attachment tp that Constitution, equally' and in common wiih their fellow subjects throughout the British Empire. " And ypur Pethipners will ever pray, &c." Shrewsbury Waterford and Dennis Scidly Wexfohi James Nangle Fingall •• A- Bonel, RK D. Kenmare Thomas Warren. Gormanstown John Butty Southwell Richai-dSause Trimlestown Bartholomew Taylor Kobert PlunUett Joseph Taylor Thomas Baniew all Charles Ryan Thomas French, , Bt. Francis Cruise I'.dward Bellew, Bt. Nicholas Gannon Francis Goold, Bt. Valentine O'Connor Thomas Ryan Walter Dowdall Administration of E. Hardzcickc under Mr. Pitt. 8£) nal. His Lprdship pressed uppn their ccnsideratipn ,J^ James Ryar» Edward Moore y, Purceli, M. D. ' ThomasEgan, M. D, Ambrose O'Farrell Richard Bolger Rand. M'Donnell Christopher D, Bellew Anthony Donelan John Hartney Jeremiah Wm. Bagot'' O'Donoghue of ^he Glins Hugh O'Connor P. O'Brien Butler John O'Reily Thomas O'Connor John Roke James Nowlan, jun, Nich, Fleming Denis T, O'Brien Robert Caddell Thomas Barry M.F.. Lynch Christopher Taylpr Charles Roche John Taaffe Rich, Strange Ceorffe Goold Wm. Bellew Maurice O'Connel Daniel O'Mahony Gerald Aylmer John White Thos. Redington J, M. Grainger R. S. Kealinge ' James Scully Francis Coleman Lewis "Ward James P. Ward "V. O'Connor, jun. Thomas Fitzgerald David Hinchy James Barron Edward Ryan Jphn Burke Edward Burke James Byrne Jphn Brennan Jeremiah Ryan Pierce Barrpn Wm. Baripn Charles Byrne Dpminick Rice Ambrose Moore R. P. M'Donnell Eneas M'Donnell John Byrne Daniel O'Connel Jphn Lalpr .Thpmas Dillpn Philip Rpche Elias Corbally Thos. Fitzgerald Dom. W. O'Reilly Malachy Dpnelan Robert French Daniel Crpnin James Ryan TliPinas Galway Jphn Rpchc E. Burke H. Trant. so The Reign of George. Ill J^^ what appeared to be little thought of; .that; they had a population of from three to five millions of fellow subjects to legislate for, who professed and were firmly attached to the Roman Cathohc reli gion, and whp therefore for every, purpose of Go vernment and legislation were to be treated as Ro man Catholics (such as they had been brought up and chose to remain). To obviate the argument for the necessity of all the high ofiices civil and military being enjoyed by those, who professed: the religion of the State, he instanced, that within his own time he had seen the principal oihCes of the law filled by men, -who had been educated in the Presbyterian religion, (Lords Mansfield and lloss- lyn. Lord C. Baron Mac Donald, and Sir William Grant) and he could in Hke manner enumerate per sons of the highest distinction in the army and navy, who did not profess the religion of the State. Dissenters were not excluded from Parlia ment. The Scotch Peers and Members,: and many others were not of the established religion*. L6tif said his Lordship, had he sought that opportu nity of bringing forward such a petition: and finding, that the Catholics began to grow impa tient, when nothing'had been done towards redeem' ing that pledge, i^which had been formerly given them, he thought; it expedient to bring forwaid the measure at once : and he thought that seasoh of all others the most favourable for introducing it. He mored that the Ilouse should resolve itself into * King William t\-il5 a^strict Presbyterian. , Administratioli^of E. Hardwicke under MIr. Pitt. 91 a, Cpmmittee.of the whole Hpuse to take the peti- ^''^• tion into cpnskderatipn. Lprd Hawk^esbury sharply arraigned Lprd Grenville for launching into all that undue heat and intempera,nce, which he had set out with disclaiming, In reply, the noble Secre tary of State was directly charged with being- guilty of the grossest misrepresentation ; and an appeal wa^ made to the House, whiether Lord Grenville.in any one instance had recourse to to pics of the inflammatory nature, with which he had l^een charged. He had sjjoken of no triumph, but that of reason, which would ultimately prevail. Take ofij said Lord Grenville, thfe chains of reli gious thraldom,, and you, will directly find, that in all political views you gain subjects, and in every social view you gain friends. Lord Hawkesbury openly admitted^ that no ef- Lord fprts had been spared by himself and the respect- bmy,'* able Nobleman, who was in the Lieutenancy of Ireland, to prevent the qiiestioA from being agi tated in that juncture. He complained, that after all, tliat had been done, to point out to the peti tioners the riglit line of their duty, they had thought proper to commit tlieir interest ¦: to a party avowedly hostile to his "'Majesty's Goveniinent. The country, said the noble Secretary, as ti all sentiments, all views, all feelings had of that great question, the sense of that country and of the re flecting part of the world are decidedly against it. He warned their Lordships not to lodge political power in the hands of the unworthy : and re minded thettij that fi-om tlie time of the Roman ^ gi The Reign of George III. iRos. Catholics having been excluded from evei*y pri^t-i* ^^ legCj to the period of renewing concessions to them, although two serious rebellions had raged in Great Britain, Ireland was uniformly tranquil; and it was only since the concessions made to the Ca tholics, that rebellion had again be^un to shew her head in Ireland. He \varmly urged the impoi?- sibilit}' of maintaining the glorious fabric of our Constitution in Church and State without a Pro testant Kingj Protestant Counsellors, Protestant Parliament, Protestant Judges, and Protestant Corporations. He heartily opposed the motion. Duke of His Royal Hin^hncss the Duke of Cumberland, land. was anxious in the very first instance tP give his decided opposition to the motion before tlie House, and to urge every resistance in his power to a mea sure subversive of all the principles, which placed the House of Brunswick upon the throne of these realms. EaFisj>en- Earl spencer oh?>tvvei\, that Lprd Grenville had in an irresistible manner anticipated all he had to urge for ihe motipn. By former relaxatipns they had wisely enabled the Rpiiian Cathplics to obtain property, and encouraged them to cultivate edu cation, and to cherish the sanguine, hope, that the isame loyalty and good demeanour, which hatl ob tained for them past iiidulgencies, would , speedily procure for them all that remained to place i them on a level with their countrymen and fellow sub jects. The refusal to remove the remainina- re^ strictions cast upon them a foul stigma. Having granted to the great mi.ss of the lower orders of ctr- Administration of E. Hardwicke under Mr. Pitt. 93 the Catholic Irish the elective franchize, and all ^^°^- the privileges and immunities appropriate to their situation, it became madness to refuse to the Ca tholic Peer and Gentleman, whose rank, educa tion and property attach them to the Constitution and .Government, and entitle them to their Lord ships confidence, the privileges and immunities, which belong to their more exalted and impprtant rank in the ccmmunity. Lord Sidnwuth was astpnished tP find the npble visconnt Barpn, who had distinguished himself in the year 1790, by resisting tlie Dissenter's petition -for re pealing the test act, and since that by combating doctrinesj which led to all the calamities, under which a great portion of the people was actually suffering, and he feared long would sufi'er, now taking so opposite a course, that would introduce all the innovating principles,' against which he had formerly made so noble and successful a stand.- There was no instance of Catholics and Protes tants dividing political power without infinite mis chief to the country : witness the unfortunate James II. ^yho was at once the patron and victim of the project. He said. Lord Clarendon attri buted the Irish rebellion of 1641 to the admission of Catholics into Corporations, and he painted with all the strength of his imagination the pro spective horrors of a popular election, wherever a Catholic should propose himself the candidate against a Protestant. The rest of his Lordship's speech, which was long and warm, contained no The Reign- of George- IIL novelty. He la:mented, that' so much of the Po pery code had been repealed. • icrd Mviu Lord Mulgrave professed hi mself friendly to the ^''*™' petition, btit would not vote for' the motion, be cause he apprehended, that it w^^ould not be carried in either House of Pariiament: and the petitioners bad urg-ed, forward the question precipitately and intemperatelj. ^ ,„ . Lord Holland entered largely into a rcfutatibti T.ovd Hoi- o ./ land. of the bbjectfons raiserd by Lord Sidmouth and. Lord Hawkesbury, It was useless to say aiiy" thing pf times or seasons to those, who avowed, that at any time and always their objections to the principle were unsm-mountable. The nbbl'e Secre tary's elaborate distinction between civir rights' and' political power was nng-atory : political power was the only security for civil rights. He was ata loss to account for Lord Mulgrave's objection, especi ally as the same Right Hon. Gentleman, wlio once i'Ctired from ofiice expressly, because he coiild not carry the Catholic Question in a certain e.xalted quarter, and declared he never would return to of fice until he could, was then again in power. If the present moment of war and difficulty rendered the time unseasonable for the measure; the moment, in which that Right Hon, Gentleman so quitted ofiice in 180J was also a moment of war and dan-. gcr. In answer to an unsurmountable obstacle; which was urged against the measure, on account of the growing jK)\vcr of Napoleon and his con nection with the See of Rome, his Lordship read Administration ofE. Hardzvicke unier Mr. Pilt. 95 a passage from Bishop Burnett's history, • in which, '^os. it is stated, that the policy of King William was ^^ always to extend t6leration : and ' one of his strbhgest reasons for lamenting the severities, to Which the Catholics were subjected, ivai that they teiidfed to augment the power of Louis XIV. theri the most powerful patron of the Catholic cause. But so far were our Ministers from grantina: tole- ration, tliat it was their policy to- defeat the tole ration, which the law allowed of. But until some share of poUtiCar power were added, the Catho lics never could maintain the concessions, which had beeti made to them-, nor rise out of the diearra- dation, to which for want of it they had been- le-t dpwri. That was precisely the mcment to con vince the Catholics of Ireland, that they could ex- j)ect nothing from Cathplic powers so advanta geous and saiisfactor}', as the liberality and'justice of the British Legislature could bestow. Lord 'Camden found full reason for opposing ^o^ ,.^jjj the motion in the jjrounds, upon which the Irish ^^"^''^ . o . ' ' Bishop of Parliament had negatived the question, whilst die '^"f''*'"- had the honbr of being |)laced at the head of the Irish Goverhmeiit. '-And the Bishop of Durham urged; that the motion could not be acceded to without dangler tP the Church and State. It wpuld be a direct surrender of thc security of the best Constitution in the world ; which he trusted would never be done by a British Parliament. Lord Redesdale vehemently opposed the motion ; jo^d Re^ assuming, that the petition went to claim for the^"'*"'^" Catholics an equal participation of rights and 96 The Reign of George III. 1805. povyers in Church and State. To accede to the prayer of it, would, in fact, be to take from the established Hierarchy of Ireland their revenues, ^ and transfer them to the Cathohc Bishops: nor would they stop, until they had separated Ireland from England. He insisted,, that all the Scots and other Dissenters, who held places under Governr ment, and took the Sacrament* according tp the rites of the established Church, thereby became hterally members of it. Why should Catholics then be admitted to places and refuse, the test, which all Protestants are obliged to conform to? The Catholic Clergy were a most dangeroiis body in Ireland ; they considered the Protestants as usurpers of their rights, and called the Archbishop of Armagh plain Dr: Stuart, and denied him and his brethren any regular succession from the Apos tles. His Lordship strenuously inveighed against their assumption of all the titles and dignities cor responding with those of the established Church ; and particularly pf the power of excommun'rcation, which, coupled with their further powers of pen ance and absolution, gave their clergy an un bounded infiuence over the Laity. The Roman Catholic Bishops were, said his Lordship, a body» who tyrannized over the rest of' the Cathohcs dif fering from all the rest of Europe ; nor could any peace be kept in Ireland, so long as they remained- unabolished : for to their iiitluence was owina: all- the misconduct of their Hocks. The Catholics of • Several acts have passed since 1717, fpr indemnifying those whofcave not conformed to the test. AdmmistrationofE. Hardwicke under Mr. Pitt. 97 England were, accordhig tc his Lordship's obser- '^°^- vation, the best^behaved in their respective coun^ ties; and they obtained their iridulgencies for their good behaviour. The Irish, boasted, that they had acquired;, their object by energy and perseverance, and .would persist in their pursuit till they accom plished their end. If the Catholic hierarchy were abolished, something might be dpne tP ccnciliate the Catholic body ; and to the generahty of that body, he was confident, the abolition of the hie rarchy would be extremely grateful. He had heard of a province, , where tlie inferior clergy, one and all deprecated the appointment of a Bishop amongst them; aud several reputable and intelligent Ca tholics had assured, bis Lordship, they would be glad to get rid of their Bishops. Yet pne thing was certain, that no informatich cpuld be had frpm, individuals of their community, so long as the influence of their Bishops prevailed ; for they forbad all intercourse with Protestants: and a re putable person had told his Lordship, that he had lately been forbidden such intercourse under pain of excommunication, Wales had given quickly and generally into the Reformation, because the Bible and Common Player were translated into Welsh. In Irelantl the servicje of the established Church was performed in English, which the na tives did not understand. But, from the nature pf their, education they were well acquainted virith Latin, in which the serviqe. pf their Church wa» always celebrated. Wishing to cpnvert as many Irish as ppssible to the united Churjifh, he recom- VOL. jr. H 9S The Reign of George HI. 1805. mended translations of the Bible and Commoa Prayer, and to have their service and sermons in the Irish language, and then Ireland wpuld sepn conform, as Wales had dene. Out pf 2,400 pa rishes in Ireland, npt iiipre than 600 had resi dences for their clergy, and not one-tfiiTd of them had churches :. and there are .many very exeelleiit and productive livings without a church, glebe- house, 'Ot single Protestant ; and yet those livings were very eagerly sought after amongst the, Pro^ testant he natipn, the Irish Government of Lord Hardwicke was dy reeled. H 2 100 2%c Reign of George IIL 1805. escence of the Irish Catholics lapon the ground of such an understanding, the Union could not, have been carried. What boon had been granted to them since the Union for their support of it? Their ti^xes had been aggravated, and the greatest part of the army destined for their defence had been sent abroad. He bitteily lamented and de precated the language of Ministers, that emanci pation never sltiould be granted to the Catholics ; and in answer to their arguments, that any en- crease of power or of influence allowed tn them would be used only in subversion of the Protestant religion, he instanced the Catholic county of Gal way, which had lately been in tlie most tranquil and orderly state, which a very considerable Pro- ^testant land owner of that county attributed solely to tlie judicious appointment of several Catliolic gentlemen to the Magistracy. Kail of Lord Buckinghamshire, like all other opposers Ramshiie. or tlie mptipn, sppke much pt his pwn disposition tP liberality and conciliation : denied that any such pledge fcr emancipation as had been alluded ,to, >vas or could have been given, and deemed it most inflammatory tp allege, that the Catholics wculd be spre pr irritated at die refusal pf the prayer of their petition. Lord caiie- Loj^^ Carlcton urged the same arguments. He added, that the spiritual supremaqy of the Church was by the law of this country vested in; the Crown* ; and surely it was a piece of the highest • It is to be greatly lamented, that so much error upon thij ipiportant topic finds countenance from the authority of those,. ton Administration qfE. Hardwicke under Mr. Pitt. l(fl contumacy in aiiy sect of his Majesty's subjects to '^*^^- who have a sort pf iright to demand submission to their dicta. With submission to that learned Lord, and all other persons, who think wifli him, that Catholics ;admit the same supremacy in the Fope, which British subjects allow to exist in the King, the author in full confidence of Speaking constitutional and legal language asserts, and will be ready at any time to prove, that. no particle of that Spiritual supremacy, which the Catholic holds necess-arily to reside in the supreme Bishop of the Christian Church, is vested by the laws of the land written or unwritten in the Kiiig or first executive Magistrate, It is merely pontifical not regal. It is that only, which the sound Protestant divine calk the Power qf the Keys, and cannot fall within the compe tency of the civil Magistrate, Our present King is the head of the civil establishment of the Protestant episcopalian religipn in England and Ireland , as Henry the Seventh was the head of the civil establishment of the Cathplic episcopalian religion in Eng land and Ireland before the Reformation: with this only differ ence, that formerly^ the Pppe had by grant of the nation some civil benefits allowed to him, which under Henry VIII. were by the act oif the nation revpked. Np Mpnarch ever pretended, pv ever was allowed tP have in him, p'r to exercise the power of the keys, or to partake of the pontifical or episcopal order.. He consequently cannot, npr ever cpuld ordain a Priest, administer the word of Gpd or the Sacraments, pr perfprra any pure spiri tual function pf the sacerdctal r r episcopal order. He cannot therefore confirm a Bishop, or institute a Clerk^ That being the act, by which spiritual jurisdiction is conferred : it cannot, nor ever was pretended to be drawn frpm the civil Magistrate. Order and jurisd'ictien are essentially different : they are beth necessary fpr Church Gevernment: but neither can be drawn from the civil Magistrate. The act pf Henry Vlll. which regu lates the prdinatipn pf Priests and censecration of Bishops, gives to the Crown a right of punishing the metropolitan with apre- munire in case after the election under the Conge d'Elire he ne glect or refuse to consecrate and cpnfirm the Bishpp elect; but it enables net the Crown tp dp what the metropolitan might have 1 da The Reign of George ill. 1805. f]p^,y that supremacy,'' and to vjest the cpiitrpul.in a foreign potentate ; more especially one, whom all Europe knew tp be under the immediate influence of our common enemy. His Lordship also as cribed much importance to certain* maps and rolls of the forfeited estates, which he said, were cir culated and handed dd'^vn from generation to ge neration ariiongst the families of the ancient pro prietors, with a view to resumption. If Catholitrs were pnce admissible tP Parliament, thrpugh the influence pf the Priests, all the 64 Members for cpunties, and mpst pf the open Bproughs would done, but refused or neglected to do :' viz. tp cpllate spiritual ju-^ risdiction over the diocese : that flowing frpm the poit'er of the keys could not be granted by the civil Magistrate. Whereas by the same act, if the Dean and Chapter refuse or' neglect to elect a person under the Conge d'Elire, (which is a civil act) the King is by that statute enabled by letters patent to apppintthe perspn to be presented to the metropolitan. So in the inferinr Clergy,' the Clerk is presented by the patrpn, tp be instituted by his Bishop, who alone can confer spiritual jurisdictipn and the ctire pf souls over any part of his diocese. The onlv difference between the Cathplic and Prptestant on this pnint is : the foimer hplds it ne- pf Ireland befpre the days pf Elizabeth, and^specified the names pf the general own ers pf districts, fpr the private use and satisfactipn of a friend and countryman of his own, then a general officer in the Aus trian service. Some persons prevailed on Mr. O'Connor Xo per mit the map (or rather sketch) to be printed before he sent the draught to Germany. Hence arose the wicked and unfounded charges of Cathplic resumption. The Petty survey will be men, tioned hereafter. Administration ofE. Hardzvicke under Mr. Pitt. lOS be represented by Catholics : an unsurrtiountable ^j"^ objection to the prayer of their petition. Lord Hutchinson deeply reg-rettcd to hear his ^-''.'''J ""'- . J ./ o clunson. Catholic countrymen traduced without ground or reason. Had the assertions made that night in the House to calumniate the Irish Catholics, and ignite one religious sect against the other, been uttered elsewhere, -he should without hesitation have pronounced them the most unfounded ca lumnies. If it were the pleasure of Parliament to refuse the measure, it should at least be done \^'ithout insult and vituperation to the characters , of the loyal claimants, without echoing those ca lumnies from one House to the other, and charging them with purposes the most criminal, upon con jectures the most vague. The noble Lord had been bred, educated, and had spent the greater part of his life in Ireland, and never had witness ed, or even heard of §uch fooleries and hprrors, as had been retailed by the learned Lprd, wliPin he challenged tp verify his assertipns by facts. Lord Redesdale feeling himself called upon in sc i^vdRede* -pointed a manner, repeated many of his generalir '*'''''• ties: reiterated his invectives against the Catholic hierarchy, and assured the noble Lord, who last spoke, that all his warmth should not deter him from stating, what he knew to be fact. His Lord ship's own servants dared not reside in -the interior of the cpuntry. TheEarlof Ormond trusted he sliPuld npt be Eari of Or- cpntradicted by any man, wlip really knew any""""" thing pf Ireland, \yhen he, said, that the le.arned 104- The Reign of George ILL 1805, Lt)|-d had statedj that which was net a fact 3 at least in the ppinibn of any man but himself. He could not therefore sit silent and hear the coiin- try, to which he had the honor to belong so foully traduced, without rising! to contradict such unr founded -aspersipns uppn the iiatipnal character of Irelahd. Froiri the reverend Bench he had heard a liberal argumentative speech: but from tlie learned Lprd he had heard a ccllecticn pf pld wo- mens stpries, vVhich he would venture tp as.sert, nPt the most prejudiieed- Prptestant in Irelahd AVPuld accredit: and not Pne of which would be avouched by any independent man in that House. He hcped, when the noble and learned Lprd should return tp the Bench, pn which he presided pver the Justice of Ireland, he would divest himself of that violent antipathy against one sect of the people, and that obvious partiality for another, which he had so cbnspieuPusly manifested tp their Lprdships. ^n^L^j"'" -^0''^ Borrington prpfessing Inmself friendly to the principles of the petition, hoped the noble Barpn, whp had introduced it, would not thiiik his objection to the time unreasonable, when he threw back his recollection to a former occasion, on which he very warmly siitpported his motion for tfie previpus questipn, upon a measure spmewhat similar having been proposed fpr the adoptipn of the Housed At a period, perhaps not far distant, }ie might cordially support such a motion.^ At all events he thought it should be preceded' by a vo luntary offer from the Catholics, to allow the King Administration ' of E. Hardwicke lender Mr. Pitt. 1 05 to apppint their Bishops, having been properly re^ 1805. commended by their own parochial Clergy. Tliis would in some sort be a compliance with that prin ciple pf pur Constitution, which acknowledges the King to be head of the Church, He had no doubt, but that this concession would greatly tend to conciliate the public mind to their wishes-. It was then against them, and therefore he must re sist the motion. The Archbishop qf Canterbury urged the impos- Archbissho^ ,siljihty of Parhament's annulling all the principles, b»'y- upon which depended the security of the Protes tant establishment in Church and State. He never would consent to a measure, by which Catholics might come to pass laws for Protestants : or ac quire the power of commanding the armies and navies of this country under a Protestant King. The Earl of Albemarle was anxious, that the Eari or ai- grave character of a Judge, -.and 4;he advantages''^'""'^ of local experience and official duties, should not- give wpight to the vulgar prejudices and idle tales, which had been retailed to the House by a noble and learned Lord with heat and animosity little becoming the gravity of his situation. He would tlierefore principally consume the time of the House in refuting the abominable arguments, which the learned Lord had conjured up to sup port his opposition. Lord Chancellor Eldon warmly opposed the mo- ^""^ oimn- tion on what be ^called Protestant principles. Yetti-Ji- to say, that the measure never should pass, was language not fit to be used by any man, whp was 106' The Reign of George IIL 18"'- fit to have a seafin that House. If he did not however now oppose it, he should feel that he was not doing his duty ; and in so doing he conceived himself acting consistently with that zeal and sense of duty, which he hoped w^ould actuate the majo rity pf nheir Lprdships tP transmit to posterity' the Constitution in the same purity, in which they had rei^eived it from their ancestors. But it was a Ccnstitutipn, which demanded paths, tests, and qualificatipns fiom tliPse, whp are entrusted with parliamentary representation and pffiicjal- ppwer: our liberties were sustained by a system ef checks, 'p„k^of The Diilce of Norfolk ^kl, that nptwithstand- xorfoik. jj^g ^^^ allegatipns of several noble Lords, that no pledge had been" holden out to the Catholics of Ireland at the period of the Union to grant, as a condition of that measure that final emancipation, which the petitioners claimed, he had the strongest grounds to believe, that such an understanding was forcibly entertained. He was therefore for going into the Committee, were it only to investi gate the terms, upon which the Union was nego- ciated. His Grace spoke very fully upon the Ca tholic Bishops exercising their spiritual functions: and if any thing, he said, could excite amongst the Irish Cathplics a disposition to anarchy, it wculd be the perpetual refusal tp admit them to the blessings pf a Constitution, in which if once affiliated, every disposition to anarchy or even discontent would tease, "^and a real union pf in* terests and attachments follow. Administration ofE. Hardzvicke un'der Mr. Pitt. 107 The Bishop of St.-Jsaph disclaiming all ilbbera-k '805. lity, bigotry, or uncharitableness, opposed the mo- Bisi.opofst» tion in a very long and elaborate speech. He ap- ''*'"'¦ peared to have been strongly affected by the speech of Lord Redesdale. He never would consent to open to the Cathplics political power ; which the accession to the prayer of their petition would do. He entered into a learned disquisition concerning the originalppwer and effects of excommunication. But what they called excommunication in Eng land, was not really what the word meant : and his Lordship had always considered the manner, in which it was used amongst thein, as little better than a profanation of a most sacred rite of disci pline. But if he were to believe the statements of the noble and learned Lord, the e-xcommunication a-s practised by the Irish Catholics was a still greater profanation of the rite; and an abominable iabuse of the power, which Christ has placed in the hands of the Governors of his Church, not to destroy the worldly comforts of men, but for the salvation of their souls. Lord Ellenborough most strenuously opposed tprd Eiien- the motion. Thei only remaining emancipation, ^™'S'" Avhicli the petitioners were capable of ieceiv- ing, must be acquired by an act of their own, by redeeming themselves from the foreign* bon- • One of the fundamental differences between Protestants and Catholics consists in the necessity of an universal Bishop for the Gpvernment of Christ's Church upen earth. And the Roman Cathplics would cease to be what they profess from the moment they should have renounced that necessity, and sepa- la.S The Reign of George IH. i'*^'^ dase and thraldom, under which they and tlieir ancestprs had long unworthily groaned ; and from which the ntate, as it had neither imposed nor continued it, had no adeqtiate means of relieX'ing them consistently with the duty of self-preserva tion, wliich it owed to itself. His Lordship in- \eighed vehemently against the usurpation and abuse of power by the See of Rome over the Ca tholic clergy in Ireland in the performance of rites aud ceremonies, particularly that of marriage, from which all civil rights originate, and which it enjoins to be administered by their own Minis ters exclusively* ; thereby ousting the law of the land, and endangering or destroying the legiti macy of its^subjects, and all rights of descent, in heritance and representation founded thereon. To allow any particle of co-ordinate jurisdiction or power to the Catholic hierarchy in Ireland, wouki be to infringe the 5th article pf the Union, which declares, that the continuance and preservation of the united Church as the established Church of England and Ireland shall be deemed and taken to be fl« essential and fundamental part of the Union; and such infraction would substantially destroy and subvert the Union. As long as the faculties of his miiwl and body should enable him, he would manfully struggle to prevent the admission of per sons (owning and yielding, as Cathohcs did, an rated themselves from the centre of uniiy, which they hold to be the Chair of Peter. " His Lordship probably was inattentive tp the Irish statute law, by w iiich Cathplic marriages are legalized. Administration of E. Hardwicke under Mr. Pitt. \QQ imperfect and defalcated allegiance to the State) ^sos. into the entire and perfect rights of completely af fianced subjects. The Earl of Wtstmoreland assumed credit for Eari of his tpleration and liberality, because he had re-iaud!"""' ceiyed the thanks of the Catholic body for the fa vours granted to them during his Governrnent of that country, and vehemently opposed the motion for going into the Committee. He went over at great length all the hacneyed arguments against the object of the petition. But, said his Lord ship, " Let the Union alone: let that great mea sure alone : let it work, as it has begun the settle ment of that country, and let not the opeiations of that great measure be impeded by bringing the ¦Catholics forward at an unfit season to be made the tool and sport of British factions." Earl Moira was surprized to hear it said, that gari yh,\t^. the petition tended to throw the torch of discord into the country : he on the contrary was con vinced, that if attended to, it would firmly esta blish that harmony, which was most essential to tlie country in that moment. Earl Darnley was impressed with the inexpedi- Esri rum- ency of urging the question at thdt particular time, '" though convinced, that it was founded in reason and justice, and that it must ultimately prevail.. He took a very enlarged view of the subject. He differed widely in opinion from the learned Lord, who had recommended the abolition of the Catho lic hierarchy in Ireland. He saw no reason, why the Bishops shpuld not be placed under the protec- 110 The Reign of George III. 1S05. tion of Government, and why they should not be . both nominated by the King and paid by the public. jLordAack- Lord Auckland professed his most determined opposition to the motion : he scouted the jargon of the term Emancipation : and triumphantly bpast- ed of his now confirmed dissent and regret at the concessicns made to the Catholics of Ireland in 1793 : aud that he had so dissented in common with his worthy, fi lends, the late Lord Clare and Mr. Foster. Those concessions stimulated the ap petite of the Cathohcs for further claims ; and in 1795, Lord Fitzwilliam shewed a strong disposi tion to gratify them to the full extent of their wishes. Happily, said his Lordsliip, he was not supported by the Government of that day, though composed of the same individuals, who were then urging that very measure, for which they recalled Lord Fitzwilliam from his Yiceroyalty. It would ever be a consideration of just pride to his Lord ship, that he had borne no small sharein adjusting all the details of the Union : and he did not hesi tate to declare, that if the ccncessions now pro posed, were in the contemplation of those, with whom he acted at that time, their views were in dustriously concealed from * him, and from others of their associates. If there were any eventual le- sponsibihty in this business, it must fall on the * Mr. Pitt usually treated his cpUeagues in Administration, as tools and servants. He cpn; ulted them dp further than he wanted their submission and assent : but never initiated them into tl)e d<;L-Ail pr ["easpns of his plans. Administration ofE. Hardzvicke under Mr. Pitt. 1 1 1 heads of those, who first agitated a question, of ^ '**°^' which they must have fpreseen the result, if tliey had duly adverted, tp tlie knpwn ppinipns pf the several branches* pf the legislature pf the whple bpdy of Irish Protestants, and of the general mass of the British pepple, LordKing suppprted the mptipn as a measure of lo;-! Kins Wisdom. .And Lord Bolton from having been for- Buitun. inerly in a high situation, (Chief Secretary to, the Lord Lieutenant) recapitulated th^ whole proceed ings of the Irish Catholics in their efforts to obtain concessions and relaxations. He deprecated the language of constructive menace, which many noble Lpids had resprted tP in the cPurse pf that discussipn, <-by asserting, that the prayer pf the pe^ titipii must ultimately be granted, and that spre- ness, discord, and disunion would follow the re fusal. The object of the petition did not affect the great mass of the Catholic population, but the • The anticipated assumption of the opinion of the executive branch pf the legislature was uncpnstitutipnal and indecent : the sense of the deliberative branches could not be known until the object were submitted to their consideration: the whole body of Irish Protestants was not, like the Orangemen, decidedly against the prayer of the. petition. Witness those Irish Members iij each House pf Parliament, whp voted for Lord Grenville's mo- tion, and niany of their Prpte.stant friends, relatives, and depen dents, as well as many other Protestants throughout Ireland, whp were npt infected with Orange intplerance and ranter. ThQ mass of the British people, when not goaded into acrimony by enthusiasts,''bigots, or persons interested in misguiding their judgments are naturally tolerant : nor wpuld they interpose ta 9>bstruct the happiness of thejr Irish fellpw-sub.iect?. 1 is The Reign of George IIL * 1S05. few^ whom the wished-for concession* could af- '""'^^^ feet, had no grpuud pf ccmplaint, as th(|y e.\- cluded themselves, by refi|sing to take ^he s^inp tests as Protestants, Till tfie Catholics cl^ose to withdraw that barrier (insuperabfe whilst it re mained in force) of divided allegiance, the obligar tion to papal supremacy, their Lordships should cover themselves with the shield of self-preserva- tipn, and pn it exhibit the warning mpttp pf ne BivMon */y_y ultra. against the ^ . mot.gi). Lord Gi'enville replied tP the most urgent, argu ments : and uppn the division at six p'clpck in the morning, 49 votipd for going into a Committee, andf 178 against it: leaving a majority of 129 •Mr. Fox against the motion. d'b".t On the l.':Jth day of May, (;l-ie House of Com- 1^1^"*"' mons^took the Catholic Petition into eonsiderfi^ tion; when Mr. Fox drew their attention to the- pleasing duty* that had devolved upon him, of • Mr. Fox alluded to the h.- garded the rights of the subject, 2«, as "it aftiscted the rights of the Crown. Those, who composed the society of a State, had a genei-al right to be, governed by equal laws, and not to be unequally or at all restricted in any thiilg, which was not ne- 'fcessary for the safety of the |»eople. Sahiipopati, snprema le.v-est. Amongst tlie friends to the Ca tholic claims, scmc were for granting them eman cipation as a matter of favpr from piplicy. He wpuld give it as a right ; because it is the getieral right of the people, and tieeanse there was no ex ception, which otight to operate against the Ca thohcs of Ireland. Government had a right to impose restrictions, btft if there were ho necessity for them, then came the right of the pepple to en joy the full benefit of the law. No duration of time could add justitie to an unjust law. A severe law might have been justly made, and would re main just, whilst the necessary cause for it conti- jiued : but from the mometit that cause ceased^ the law became unjust. Although he generally ileprecated all laws attempting to restrain consci ence, yet the laws against the C~atholics w6re orily pretended to have been justified at the times they were passed, as political, not religious. Here Mr. Fox illustrated his positions by the most judicious and impartial references to the Conduct of our Go- V-'ernmeut towards Ireland from the days of Eliza beth, down to the American war; when the pub- .iiceye was opened to the impolicy of treating the irish Qatholics, with such unaccountable- severity. Administration of E. Hardwicke under Mr • Pitt. 1 15 "He always conceived, that to bar a man of his JfJ^ rights on account of his religious opiniaii was ty- ranny : nor could it even be justified b}- the Sftltts populi, vvhiich was no ground for preventing a m^P from enjoying liis religious opinion. According to Mr. Biuke, the restrictions in Ireland, tjie jfef.O- cious manners of thpse, who were Protestants, and -the insults :Sus.tained by the .Catholics, had pro duced a ^egSGQ .of desperation in that unhaj^py ^)«op}e, which made it doubtful, how f,jr they jnighit be trusted. The effect of the system had -been diat of changing by degrees the \yhole prp- jperty of Ireland; and that CPuntry had- been br.ought into a state highly to be lamented. It certainly was a circumstance hkely to produce the general dij^affisctipn of the people, that the ,wh.Qle pf the property was in the hsnds of the Protestant ascendiaiQcy, wlidst the mass of the populatipn was Cadiolic. The relaxation very properly began hy enaibling the .Catholics to acquire property: and -the power connected with tht free trade and con stitution, which was given to the Irish in i7S2, ;had had the liapj)y effect, by producing an en- crease of Catholic property Ijeyond all proportion greater, than that enjoyed by the Protestants. Sincp. which, the oppressive distinctions between ^Cadiolics and Protestants li^ve been greatly .soft ened and -cokrected. From the time, of the acqui- si.tioo-0f jMopeFty by tlie Catholics, he never had coHceived, on what principle their ckmands were 'jHOt conceded to them : and least of allj why par-ti- j a 1 o 1 16 The Reign of George IIL 1805. Mr. Fox continued. cular restrictions were kept up, when others were abandoned. The remaining restrictions prevented Catholics from enjoying certain offices civil and military, and from sitting in either House of Parliament. After having detailed the hi^ory of the passing pf the Test Act, he arrived at this ccnclusion. That tlie Test Act was passed, because Pur ances tprs doubt-ed whether Charles II. were a Protes tant or net, ami because they suspected him of a design to overturn the constitution of his country, as was the case of James IL But was that a rea- •son, why a Protestant King, not liable to suspi cion, was to be deprived of the assistance of -his Catholic subjects? They had given up the re straint to the Irish Catholics, with regard to the subordinate offices in the army, navy, and law, but they retained it as to the higher : thus com pletely-extinguishing that aspiring emulation, whicli alone calls talent into full CKcrtion. No man thought of .expelling the Catholics from Parlia ment, till the nation was in a paroxism of rage and terror, upon the discovery of the Popish plot ¦in I6i)8, (suppose it tp be true or false) when it was believed, that the Catholics were going to -massacre the PiPtestants, when it was .expectied they were tP have the assistance pf the King, of Spain, and when the ridiculpus story of the silver bullets was set on foot. He shen shewed, that the ¦Catholics were not excluded from Parliament by reason of their dissenting from the doctrines ol' the established Church, for Protestant Dissenters' Administration of E. Hardwicke tender Mr: Pitt. 1 1 7 were admissible to Parliament, and differed frpm J^^f^ thpse dpctrines, perhsps more widely than the Ca tholics, Virtual representation in Parliament was unquestionably a vital principle of the constitu tion ; and whilst Catholics were excluded in Ire land, they could not have a real virtual representa tion in the sense the word representation Pught to be understood, implying a sympathy and fellow feefing between the representative and the persons' represented. Mr. Fox ridiculed the idea, that Ca-. binet Ministers, who might happen to differ uppn, thcplpgical questions, would consume the hours of Council in- polemical discussions of their religious tenets. He instanced the Duke de Sully, Mar shal Turenne, Neckar, and Prince Ferdinand of Wirtemberg, as persons differing in religion from the Spvereigns, whp so advantageously employed them in their service. The Pretender being gone, and all radical difficulties removed as to him, Mr. Fpx dwelt some time upon the objections raised against the question concerning the power of the Pope, which he treated as utterly absurd. But it was said, -Bonaparte had obtained an influence over the Pope, the Pope governed the Irish Priests, a;nd thus Bonaparte would be, able to attach to him the Catholics of Ireland. ]Mr. Fox had no doubt, but that Bonaparte would be very willing to make use of such an engine to serve his purposes in Ireland. But how could he use his influence there ? If they' would repeal those restrictive laws, there would be nothing to fear from that quarter : but if on the contrary they persevered in theil- restrictions, the 1 1 8 The RSign of George IH. f?!,,' l.irtlicrcon A^ay, ih whidh bis influence #oukl become formir dabfe, Mould be thj«. The Irish Catholics wo«ldr bti told, " All equal fjarticipatioh of fights Wa^ holden out to yoit : but instead of grknting yoar jti^t clfe'iAv^j instead of affording yoii the hefief and prPteetion you were promised, yoii are frtili stig- niatijfed as outcasts ; you. have now therefore bsjly to look to a Catholic Emperor for aisistaneb,, and through hiiti .ynu may expect the emanpipatiOn, which hasbeen denied yOii;" Of 'ahy internal in fluence of the Pope or Bo'n-aparte over the electaons or votes of Members of Pa/rliament no reasaiiablfe appreh'ettsidnbould be raised, ... J vv. vn-i Mif. Fox then drew a \':ery strong line of deroar-' cation between the spiritual and temporal, piovver. The Catholics swore, that by their doctrlafd of spi ritual supremacy, they allowed no temporal oi- civil power to the Pojae. The Presbyterians' no inoi'e admitted th'e King to be head of thie CliHrbli,; than the Catholics. They exclisded the Catholics from office and Parliament by -oalihSj and in the same-. breath cliirged thehi with Neither heeding or ob- semng the'm. They prbftsse!d to diffide in tht loyalty of th^ lower orders in IrAmd^ and thejf entVtisted tlTtrm Vt'ith arkis, and admitted them iuAO the army and na'vy, and to the ranks to.SviiicW they vvould natuially aspire; they cohiided in thi? Idyalfy of: the higher orders.;, tliey kitcAV, tfat their fortimes ;gave tbfe^n an interest in the ctito- try, and their knowledge arfd informatipn tfetigjif thbm to prefer the Gpvernment 'of it to that of any athtr; and yet they sjiut diem out of Chfe^si- Administratis^ of E. Hardwiek?. under Mr. Pitt, 1 19 tuaticnSi tp which tfieir rank entitles them? They ,^^ pl^aced in the hands pf the fpnner the means pf in- tiurrectipn, and they tppk frpm the latter the power they might have by their influence tp re press commotipns. It was a principle of spcial Ba.turej, to require tp be placed pn a footing of equality wjth one's fellpw subjects, and to the honor pf the l^ws pf England, that principle was particularly sanctioned by them, Tb argue,^ as §pme did, that whilst the Csitholics >vere pre^se4 by the wlioje rigor of the pena.1 code, they werp tranquil during tlie rebellions pf 1715 ajid 1745; b^t after they had received large concessions, they joined in the rebellion of I798 to subvert the.rob- narchy a-nd constitution ; .would against every priiii Ciijple of liberty gp tp suppprt the cruellest tyranny and most flegrading sJ^vQiy. Mr. Fox ascribed the Irish Unipuj which y^as wprked infp . rebellion. in 179S tP different causes, s,uch as the Fr,encli re volution, the mind and er^ergy of those, who felt tl^e grievance pf pppressipn and .persecuticn in the North of Ireland, anrf flie consequences of disap- •pointing the Catholics by the recall of Lord Fitz william, wli^n the cup of expectation was indig nantly dashed from their eager hps in 1795, Much , stress had been laid upon the sayings of Mr. Arr Ithur O'Connor and Mr. Emmett, that Cathohc emancipation and parliamentary reform were not considered by the people of Ireland as of more value than a bit of paper or a drop of iak. But it would also be recollected, that those sarpe persons, tvho wished to revQlutiQni?e Ireland, explicitly ad- 120 The Reign of George HI. 1805. rnitted, that if those measures had been carried, (they apprehended it under the Administratipn pf Lprd Fitzwilliam) their intentions would have been utterly defeated. Mr. Fox in ]^j,. pQjj ^i^^^ adverted tp the late measure of cuntinua- ^ tioii. legislative Union, which he had always opposed, and had never since found reason to alter his opi nion upon it. He readily admitted, that no dis tinct promise of redress was then made to the Catholics : for no Minister could promise what depended upon the determihatipn pf Parliament. , But the Right Hon, Gentleman did all he could ^ he promised to recommend their claims; and they in full confidence of his support, generally gave all the weight* they could command to his propo sition for the Union : and Mr. Fox knew several, who felt less kindness for the Catholics on that ac count. The general persuasion was, that after the Union the Catholic claims would be fully granted : and this persuasion was encouraged by the very Gentleman, who was now understood to be most hostile to them |-. It was impossible then, that the i * The predominant interest of the Catholics was certainly in'» favor of 'the Union. No public act of the body ever passed upon it. Many Catholics in Dublin entered into very spirited and ju dicious resolutions against that fatal measure. And several of the most independent and best informed Catholics individually oppobsd it. Of all the King's stibjects the Irish Catholics haf eminently the most urgent reason tppppose the Union, by whid the)' losi their own consequence. f Dr, Duigenan's letter to Mr. Grattan contained the follov ing paragraph. " If we were one people with the British n " tion, thepreponderauceof ihe Protestant interest in the wht Administration ofE. Hardzvicke under Mr. Pitt. 121 passing of the Union should not have been consi- isos. dered by the Catholics as the signal for the redress pf their grievances. The printed speech pf Lord Sidmouth, published and circulated by authority, confirmed them in that persuasion, by referring to a passage in Dr. Duigenan's letter, in suppprt pf the ppinipn, that no restraints wpuld be necessary after the Unipn. Spme hearty appipvers of the measure objected to press it, when there was no chance of success : especially whilst an impression continued in a certain quarter, that to consent to the repeal of the remaining restrictive laws would be an infringement of his Majesty's coronation oath. This weak and wicked doctrine was calcu lated to produce the greatest confiision, and com- x pletely to overturn the constitution. How could the oath framed by Parliament, and administered to King William affect the repeal of statutes pass ed after he had taken it ? And how cpuld the ccn stitutipn be preserved,- shpuld the executive ence be prevented from consenting to laws, which the deliberative branches should have advised ? If it had beeii the practice, that nothing should be moved in that House, but such questions, as Gen- tfemen had a reasonable hope of carrying, the country would have been deprived of most of the laws, -which now constitute its greatest pride arid boast: for the best measures have in general been first resisted, and have at kngthoui»ds, It would be a great and incalculable evil, were it to be establislitd as a maxim in that House, that no pes'son must move .any measiure, hpw.ever gre^t its l^eEiefits, if itrw^ere but pnce whispered abPHt, that j't ooald.uot be siuecessful, because anpther branch of ihe -constitution, was ho&tile to it. Ke cptild ¦vt'i!sh to, see a-ny sacdfice ,mad£ for the graftifiiCatjoHf of the Cmwn, lexcept.tlue .saorifice pf the vrelfare aiKJ security {^i the country. The man, whp coua- letrancescl auch a sacrifice, was not. a loyal sulyect, was not one, who loved his King, but one, wlio flattti-e-d him in order to betray him, wr. Fv,^ jji Pox then tGoched briefly upon several njiiior ' considerations, which he urged as reasons for going into the Committee, and which Avould not pledge them tP the entire ccncession. He adverted Administration of E. Hat-dwicke tinSeYMr. Pitt. 123 to the ariottialy of the military arid naval services ^^^^' beirig legal in Irelahd, and Criminal and perial in evei'y o«her part of the British Empire. Even in Ireland a Gathblic might arrive to the rank of a General-, but noi a General on the Staff Catho lic soldiers Jwere restricted from the exercise of their religion isbitoetiines in Irelahd, and generally in Ett^iand. Spme altfetations were also necessary for 'the regulatioh of Catholic marriages. There were many Other parts oT the question, which ought to induce such persons, as thought the petitioners \Vorthy of tedness to gp into a GoramitleC, wliat- ever their objections to the general question might hk. A great portion of their time in the present aiad last Session of Parliameint had beeri consumed in considering the best mean's of rfecmiting the army, and of encreasiJig otir local and disposable force: but he would venture to assert, that no scheme whatever of parish recruiting, limited ser vice, or militia voiuhtieerJng, could equal tfce effect of that measure. All t-bose schemes vvere tardy and trifling, mere ;rivulets compiarcd to that great ocean of military resource, which would beat their ebinmatild,. wereithe laws against the R«man Ca- tbohcs lirepealed-. Now even in violation of the laWs they received Roman Catholics into their artoy andnkvy: but what might not be expected from fbe zeal -and gratitude of a nation famed for warmth of temper and generosity, fondly exulting m a triumph obtained over illiberality and preju dice? Were that salutary measure adopted, t'liere would be no difi'erenccs, no discontents : but all 124 ¦ The Reign of Gedrge lil. the subjects pf the Empire, enjpying equal rights, wpuld jpin with one heart and one mind in its de fence. Althpugh he were nPt sanguine in befiev- ing, that equal rights and equal laws, wpuld be then granted tP the Cathplics ; he yet was san guine in believing, that many bad cpnsequences, which had been apprehended, wpuld nPt fpllpw the rejection of their petition. He relied on the affec tion and loyalty of the Roriian Catholics of Ire land ; but he would not press them too far ; he would not draw the cord too tight. It was surely too much to expect, that they would always, fight for a con.stitution, in the benefits of which they were assured, they never should participate equally with their fellow subjects. Whatever. was to,l>e the fate of the petition, he rejoiced at having had an opportunity of bringing it under their conside ration, and moved to refer itto a Committee of the whole House. ' " B..Duige- Dr. Duigenan opposed the motion in a long speech, which lasted above three hours : the ge neral spirit and substance of which, wa.s to prove, that by the ancient Councils of the Catholic Church and her invariable doctrine, no Catliolic Could take an path, from the obhgatipns pf which he cpuld not at the will of the Priest be released j that the Catholics maintained no faith was to be kept with Heretics, and such they considered every denomination of Christians but themselves ; and that it was impossible for a Catholic to be truly loyal to a Protestant King. He contended, that the 91 persons, who had signed the Cathplic pe- ^aD. Administration ofE^ Hardwicke under Mr. Pitt. 125 tition, did not by any means represent the body of .J^°^ the Irish Catholics ; he assumed, that ncne pf the Clergy had signed, because they still maintained the pbnoxious doctrines, which the best informed of the Lality wished tp renounce. He coarsely abused the late publications of some Catholic wri-. ters, particularly Mr, Scully's advice to his Catho lic brethren. He contended that the oath of su premacy was a mere simple oath of allegiance, and that it imported neither exclusion nor restriction to any but traitors. He commented largely upon the oath of canonical obedience to the Pope taken by the Catholic Bishops : inveighed fiercely against Dr. Hussey the late titular Bishpp pf Waterfprd, fpr forbidding his flpck tP send their children to . Prptestant schcpls fpr educatipn, and exhprting the Rpmish soldiery not to obey their officers in any orders relative to spiritual concerns : for they belonged to the priesthood : and he drew (surely an unwarrantable) conclusion from Dr. Hussey's remarking, that the loss or abandonment of his re ligion by the Catholic soldier might be felt in the day of battle, that in plain English, the Romish soldier might then titrn upon .and assassinate his officer or desert to the enemy. He insisted, that' the measure cculd not be assented to consistently with the obligation pf the ccrpuation oath. ,H^ admitted, that many honest men ignorant of the state pf Ireland had been duped into an apprpba^- t^pn pf the measure, and that it was universally supported by all demagpgues, republicEins and ja- -cpbins. He Vehemently deprecated Mr. Fox'3 as* 12^ The Reigns of George ill, 1805. 5ertion, that thc exclusion of Catholics fram seail:i5 in Parliament was an unjust iiivasion of IheiiT na tural rights. In detailing a prpspective view pf thc evils, that wouk! alitend tlic conoessien of the mea sure prayed for, he said, tlie corporation ; tests would soon be dissolved, wlion tht? Romanists wece once eligible to fill the great offices in Irdanfl. ' It would be irjpracticablc to e-xclude them from the ¦possession: for such an .exclusion would , be more galling, than their former disqualffication. The Ro.- "manists of both countries in Pailiaraent would form -a junction, and wring from the Minister the whole civil patronage of Ireland, atiid seaure all the .offices for their pwn sect'| so that -the whole civil esta blishment in Ireland would become completely Rp mish. And who could then secure the continu ance of tithes to the Protestant clergy ? From some ancient st-atistieal reports of Irelantl, he concluded, that the Catholics qf Ireland did not constitute abpve one-eighth of the population of tlie British islands ; that they did not possess one-fortieth par* of the real and personal property of Ireland, nor one-thousamith part of the property of the United Kingdom. In fact, said he, they composed the mob and begg-ary of Ireland, and were not of ccn- sequence either in numbers, wealth or power to demand, as the petition did, the subversion of the constitution in Church and State, and the destruc tion of the Protestants of Irelana for their o-ratifi- cation. It would let in an universal deluge of atheism, infidelity and anarchy, It would admit the 'Pope's .sirpremacy ov^jr the Church of these Administmfion of E. Hardwicke under Mr. Pitt. I-ST i-eahns : it wpuld violate tlie cortditions of both 'f'^'^- Unions with Scotland and with Ireland : and to tender tc his Majesty a bill pf that import for his royal assent, would be tp insult him by supposing him capable pf violating bis cpronation oath. Mr. Grattan ixjse^ to defend the Cathplics ifnsm M' ¦ orav Dr. Dttigenaii's attack, and the Prptestant from his defence. Tlie question fei" their consideration, was not> as -the learned Member had stated, whe- they should now privilege or still keep disqualified some few Roman Catholic Gentlemen for seats in Parliament, or certain offices in the State: but ¦Wfhether, they would impart to a fifth portion of the population of their European Empire a com ¦munity in that, which was the vital principle and strength, and thus confi rnn tlie integrity, arid aug ment the power of the Empire. He had emphati cally said, that the people cf Ireland to be good Cathplics must be bad subjects,: -that the Irish Catholic isnpt, never was and never can be a faith ful subject tP a Pmtestant English King. Thus tes he prpripiinced against his CPuntrymen three curses: eternal war witli each other: eternal wai with Erigland : eternal peace with France. He fully answered the doctrinal parts of Dr, Duige nan's speech, and coiicbded, that as the Catholic religion was prpfessed by above two-thirds of all Christendom, it would follow, that christianitj' was in general a curse; but of his pvvn country men he had added, that they were depraved by re ligion, and rendered perverse by nativity ; that is to say according to -Ifim, blasted In' their Creator 128 The Reign of George IIL 1805. and ddUined by their Redeemer. Mr. Grattaa clpsed an animated detail of the evils of the pre scriptive system with observing, that if they wished to strip rebellion of its hopes, and France of her expectations, they should reform their policy : they would gain a victory over the enemy, when they gained a conquest over themselves. He then entered into an interesting history of the conduct of Government, of late years towards the body of Irish Catholics, " That government in the Sum- " mer of 1792 had sent instructions (he knew the " fact to be .so.) to the Grand Juries to enter into " resolutions against the claims- of the Catholics. " Their leading Minister himself at one of the *' county meetings took a memorable post of pub- '" licity and liostiHty to them. When the petition *' of the Catholics was recommended in the King's " Speech of 1793, one of the wisest ever made " from the throne, he remembered Ministers at '* first took no notice of that recommendation, and " that he had the honor of moving that clause in " the address, which referred to that passage iii the '• speech: but the Irish Minister answered the *•'¦ King, and with unmeasured severity attacked *' the petitioners." In the progress of the bill, that Minister publicly asserted, that as long as the Catholics should adhere to their religious opinions, they never could be loyal, but would ever hate his Majesty and the Government. Nay more — whilst' that bill was on its passage, the Irish Government attempted to hang the leading men amongst the petitioners: and accordingly Mr. Bird and Mr. Administratidn of E.Har'tlwickielcnider Mr. Pitt. 129 H'am'^ tvere by their prclerS, indicted fpr a capital A^^i^ pfifeiide, defirtderidik. They were triumphantly ac- ^tfitted, and sp flagrantly were the subpfiied wit- iie'sses jJerjured, that the Judge pf assize reccm- mi^iided 'a prpSecu'tipn against thefn. T'hose •were afrtongst the causes, why the repeal of 1 793 did fipt satisfy. In additibn fp which tl:^e Irish Gpvern- rrient tOcbcare, 'that the Irish Cathplics sliPuld re-- ceive rip benefit, opppsing them. by their kriPwh partizans and dependants in -the Cdrppration of Bubfliti, when they sought for the fteedom of the city, arid admission to certain situations^ fipm virhich they Wer6 nP Ipnger prpscrib'ed by the law of the land. Mr, Grattan then referred tP the speeches dfehvered arid publisliecl abcut that time by Ministers and servants pf the Irish Gpvernment, and petsisted in and delivered "since. There they wpnld see an attack pn all the proceedings pf the Irish, fidrh the time of their addresses fpr free trade, such as were glpfibus, as well as such as wete in- • temperate withput discriminaticn pr mpderatipn. Thei'C they wpuld see the Irish Ministry engaged in a wretched squiabble with the Cathelic Ccnimit- tee, arid that Cpnirni'ttee replying upbri that Mi- tiistiy, arid degrading it nibre than it Had degraded itself. They wpul(i further perceive the Members of that Ministry urging their charges against the Mfeiiibers of ihat Coiiimittee to disqualify other Catholics, who were not of tliat Cpmmittee, but j^hb oppiosea it : SP that by their measures against one part pf khtf Cathplics, and theii; invective f 01,. ^i, ic ' > nued 1 30 The Reign of George IIL , ^_^°^- ^ against the other, they topk care tc alienate, as far as in them lay the whole bpdy. The fact was, the project pf ccnciliatipn in 1793 reccmmended in tfie speech frcm the thrpne was defeated by the Irish Cabinet, which was at that time en that sub ject in ppppsitipu: and being incensed at the Bri tish Cabinet for the countenance afforded tp the Cathplics, punished the latter, and spwed thpse seeds, which afterwards in ccnjuncticn with other causes, produced the rebellicn. t^n'c*^na- '^^^6 same ppficy, which had made England a great people, wpuld dp the same fpr Ireland. In calculable was the mischief, which the system pf pipscripticn prpduced uppn the cpuntry. Irrepa rable was the injury done tP the policy, morals and peace of the ccuntry by persecuticn, and encpu- raging the little man pf "blood to raise himself into power and consequence by harassing and vexing his countrymen. Yet was it impos.sible for one part of society to afflict the other, without paying the pe nalty of feeling the consequence of its own bad passions on itself*. When the spirit of religious discord descended to, the lower order, and the ho- hday became a riot, and when the petty Magis trate turned chapman and dealer in politics, turned theologian and robber, made for himself a situa tion id the country formed out of the monstrous lies he told of his Catholic neighbours, fabricated false panics of insurrection and invasion, ' then \valked forth the man pf bldpd, and atrocities, • A faithful pourU'ait of Orangemen, Administration ofE, Hardzvicke under Mr. Pitt. ^31 which he durst net commit in his Pwn name, he v. perpetrated fpr the hpriPr pf his King and in the name pf his Maker. Much falsehpOd had been uttered abput the incivilizatipn pf Ireland. If any thing cpuld delay her perfect civilizaticn, it was the religipus animpsity kept up by prpscriptive dis- 'tinction. " Examine, said be, all the causes of " human misery, the tragic machinery of the " globe, and' the instruments of civil rage and " domestic murder, and you find no dasmonism " like it, because it privileges all the rest and " amalgamates with infidehty as well as murder; " and conscience, which restrains other vices, be- " comes a prompter here. In all this debate, we " argue, as if we had but one enemy, the Catho- " lie; and we forget the French. I now say to " you, as I formerly did to the Irish Parfiament, " Tlie post you take is unfavourable: a ppsitipn, " that would keep prance in check, and Iielarid " in thraldom, tP be held against the ppwer pf pne " CPuntry and the freedpm pf the pther." There were three systems fpr Ireland : pne, such as Pri mate Bpulter has disclcsed : a pepple at variance en accPunt pf religien, that the Gpvernment mighj; be strpng and the ccuntry weak : a system, such a one as prevailed, when he (Mr. Grattan) had broken her chain, which made the Minister too strpng for the Constitutipn, arid the ccuntry tco weak for the enemy : a system,, which one of its advpcates had described, when he said the Prc- testants of Ireland were a garrison -in an enemy's k2 ¦ ' 1S05. 132 The Reign qf -George III. 1805. country, and which, another .gentleman had de- scribecl, when he considered Ireland as a capuit mor,tuum : but that system had failjed: it ought to have failed: it was a .party Gavernraent, and a party Gpd. In adverting ,tP the late Parliamient pf Ireland, he had, he said, a -parental recollee- tipn pf that assembly. He had, attended hergradl* and fpllpwed her hearse. In 14 years she had ac quired for Ireland, what they had 4iefe, obtained for England in a century : freedcm of trade, indepen- dancy pf the Legislature and of the Judges, resto- ration of final judicature, repeal of a iperpetual mu tiny \n\\, habeas jcorpus act, .nullum tempus act; a great wcrk. ,But when the Parliament pf Ire land rejected the Catholic .petition, ,and assented tP the calumnies iUttered against the Cathplic bpdy, on that day she vpted the Union : and shpuld they adppt a similar cpnduct, on that day they would vpte the separation. -He was surprized to see them running abput like grpwn up children in search of old .prejudices, preferririg to buy foreign allies by subsidies, rather than to subsidize fellow subjects by privile.^es. He figured them then drawn out 16 against .36 millions, imd paralysing one-ifift-h of their own nRmbersby exeludiog (tJiem from seme of the prio,pipaLbenefits pf tliieir oonstltifctipn, atthe very timt, tliey saidj, allitheir nwjaibers were inade quate, unli^ss inspired by those very privileges. Such a system CPuJd notlasft: if the twp islands reiipunced rail national prejudices, they would fprm a strpng JEmpirew the Wes.t tp check, fjerlaaps ui- ' thnately to ccnfound the .ambitipn of the enemy. Administration qfE. Hurdamoke undetMr. Pitt. 133 He knew the soundness of the ground, uppn which ^^f°^ he: stpod^ whether they, whom he constituted his Judges^ applied' it- to ' constitution, where it was freedom,: tbiErapire^ where it was strength, or to religion,, wliereit was light. The oppositis princi ple,, proscription' and disccrdj, had made in Ireland' not; only war, but even peace calamitous: witness the: one, that. followed the victories of King Wil liam :: to the Catholics a sad servitude^ to tlie Pro testants' a>drunken triumph, to both a peiace with out trade and without constitution. He reminded them of the rebellton of 1798, when the enemy was mustering. her expeditions in consequence of the state of; Ireland : twenty millions lost, one farthing of which did not tell ia Empire, and bkod barbarously, boyishly, and most ' ingloriously expemled. He conjured them to do, what then was in their power;: to put: an end to the prescrip tive system, which was the cause of all those mi series. It would be miserable for them afterwards, should any thing untoward happen, to say, we did' not fpresee danger : againsfpther dangers, against the Pope, we were impregnable: but if instead pf providing against dangers, which were net, they weuld prpvide again strangers, which were, the remedy was in their hands; .the ' franchises pf the ccnstitutipn. The Attorney General (Mr. PeZ-cwaO -opposed *^f- ^'^"" the mptipn uppn the grpunds, that if the Catho lics were once admitted to pffices cf the State, they would sooij become the State itself: they would never rest satisfied, . till they had recovered the 134 The Reign of George III. ^Jf^ whole of that establishment, which they possessed before the Reformation, It was natural : and if he lived in a Catholic country, he should wish and do all he could to establish there his own religion. He strongly insisted, that the motion went directly to infringe the 5th article of the Union. He de scanted upon the plenitude of the tpleratipn en- ' jpyed by the Catholics : and asserted, that every other Disisenter from the' Established Church was excluded equally wiih the Roman Cathohc *. He remarked the indisposition ef the House to listen to him : which he was not surprized at : for he was conscious, that after the blaze of Mr. Grattan's eloquence, every thing which fell from him must appear vapid and uninteresting. Had he been in the Irish Parliament, he never would have con« sented to grant the elective franchise, nor the esta blishment of MaynoOth for educating the Catholic clergy. 7.ir. Alex- Mr. Alexander, though npt insensible to the powers of Mr. Grattan's eloquence, would not be awed out of the duty he owed his own conscience, the Crown, and his country. But Jiie could not forget, that he often witnessed those talents em ployed successfully in beatisg down the laws and constitutiori of his country, LTpon a general burst of indignation at hearing such an assertion, Mr, Alexander explained ; by not uttributing the effects • It is impossible to conceive that Mr. Percival could then have been ignorant, that Protestant Dissenters always were ad missible to Parliament : and that in Ireland the sacramental test , bail been long abolished in their favour. Glider. Administration qfE, Hardwicke under Mr. Pitt, 135 produced by his eloquence to any intenticn in Mr. ^J5!f\, Grattan: but he had painted the physical pcwers of the country and their imaginary grievances in such glpwing cclpuring, ¦ that the pepple thpught they had just mptives fpr rising, and strength tP accpmplish their pbject. And that Hpu. Member's ccnduct and sentiments prevented his taking any share in putting dcwn that rebellion ; pr manifest- ingany active Ipyalty, br exppsing himself as Pther gentlemen did to commcn exertions, common in conveniencies and common dangers. He felt it therefore his duty on the preseiit Pccasion to with stand all impressions made upon his mind by the talents and reputation of Mr. Grattan. He spoke at great length, travefied over the old field of doc trinal objectipns, minutely, detailed the effects Of excommunication, and maintained that papestry was at that hour more formidable in Ireland, than it ever had been; Upon frequent importunate cries for the question, the House adjorirned at three o'clock. ' ' ¦ On the 14th of May, 3Ir. Wm. SwziM opened jj^ ^jn thi: adjourned debate : he rested his arguWients in^""'"'- favour of the motion upon the abstract rights of , religious freedom of conscience, the pohtical jus tice and necessity of the measure, and the flagrant arid malicious falsity of the calumnies uttered in that debate against the Catholic bpdy. In answer tp all the attempts to impeach their loyalty and shake their credibility on oath, he held in his hand a book containing a list of 2000 CatlipHcs, who refused tc take an oath prescribed fpr them to Gp- ise The Reign.of George III. 1805. vqrnnjent, which tliey cciild not reconcile tp, their- consciencies : and pre.ferre;d every species bfj p^nat^~ proscriptipn and.ex,clusi9ri, tc which the; refusal ex^ pp^edthem. An irrefragable prpof of their c^p^,; scientipus veracity. Mr. Lee. jf,.^ Xcc tlipuglit tlic appHcatipn ill, timed^ though he should vote, for the mptipii : as he wpuld fpr the repeal pf the test tp the Dissenters in Eng land, should any Member move^for it. He ccn- ; ceiy;efj, that the Pope bj apppinting the Cathplic Bishops in Ireland, possessed mpre power there than he did in Pther Cathplic cpuntries, vsfhere the Sovereigns appointed, their Bishops. That he con.-; ceived was niaintaining a supremacy, w.hich of; right belonged pnly; tq his Majesty, He had san- guin.e, hqp^s,, that if. the prayer pf the petitipn were, granted, the Roman Catholics would cheerfully, give up that point, as well as make whatever otlier,, reasonable sacrifices the circumstances of the, case might be thought; to require: for h^ rnust main- \. iain, that they could have up right to seats in Par liament,, wliilst they continued to take^ their Bi- siipps fio^i the hapd, of any foreign ppwer*. He cxposetl ,t^]e vulgar error, under which Dr. Dujge- nari had, spoken of certain maps being preserved by the Cathplics, by which they could trace tlie boundaries of the estates once pqsse^sjsd by their ^ * The reader is here reminded of the npte, p. 100, and re ferred tp what , is said hereafter uppn the qijestion pf the veto. That spiritual supremacy of the Pope was the polydiifeence in the, natipnal religippj introduced by. the Reformation of Henry VIII antHhose were the only true Roman Catholic? of.thi.-; country, who did npt give intp that Refprination. Administration of E. Hcmdwicke^ under Mr. Pitt. 137 ancestors, in the expectation of anopportunity of ^^°5- reclaiming them. The fact was, that the, map of all these forfeited lands was kept by the Auditor in tlie Castle of Dublin, and was accessible to every man, who chose to inspect it, and was daily pro duced in the GPurtS'to ascertain disputes respect ing boundaries. That map was drawnbj' Sir Wm. Petty, after the pld ^ one had- been< taken i away by Khig James Hi and. carried' into Franee, whither- General Vallancey was sent' some time since bj Government to procure a copy -of it: it is com prized in 24- folio volumes. Sir Wm. Scoif* strongly opposed i the motion, ''¦¦"Wm. .which went to infringe the fundamental maxims of our glorious constitution. A Protestant King sur rounded by. Catholic Ministers would be a solecism in fact as well as in law : for there must be a per petual contradiction between the duties of the one and the other. It was an important fiinction of the great officers of State to attend with zeal and vigilance to the protection ofour Church esta blishment, but that obligation could not be dis charged by those, who deemed, it to be absurd» pernicious, profane and fanatical. He adverted to Mr.. Grattan's intimation of the danger of -a sepa- ratipn pf the; Sister island.^, if that mptipn were rejected. Mr. Grattan ift explariation said. If the - Parliame.n.t; assented to the cahimny propagated, that the Catholics were traitprs tP their King aufl ccuntry, it would lay- the fbundation of such a se paration, It was not the rejectioti of the petition, loS The Reign of George III , ^05^ but the adoption of the calumny,- to which he had adverted. 7> Lrnv- ^Jr. Luwrcncc said, he most conscientiously voted for the motion, and confided, that the, deci sion of the House would be worthy its liberality and honorable to the character of the Parhament and of the country. In a very luminous speech he entered into a minute refutation pf the arguments,- 1 and exposed all the distorted, garbled and false quotations of Dr, Duigenan, both from the an- , cient councils and authors, and from the. modern ' works of Catholic writers *. He was induced to advert particularly to these points in Dr. Duige nan's speech, because from the nature of his pro fessional pursuits he had occasion to attend to such subjects, and it was unlikely, that other gentlemen should be familiar with them. .nrr Foster, j^jj. Poster could not give a silent vote consist ently with his former conduct in Ireland. Political power was the sole object of the petitioners : fpr in every thing else, they were uppn a par v/ith all their fellow subjects. They had heretofore cou pled Parliamentary Reform and Catholic Emanci pation as the two watch words, which ended in rebellion. Should some score Catholics by the \ ote of that night find their way into the Imperial Parliament, and afterwards feeling their inferiority in an assembly of 658 INIembers, they would ra- l>idly augment their strength by new political re cruits, - and endeavour by a repeal of the Union to • Paiticularly Dr, Milner, Dr, Troy, and Mr. Plowden. Administration ofE. Hardwicke under Mr. Pitt. 159 re-^establish the Irish Pariiament. Then 300 Ca- , 1805. thoiic Members .elected by the majprity of the Irish population would resume their functions, and quickly put down the Protestant ascendancy; which could not be supported without the close Protes-* tant boroughs. Under the Union Act, by com pact the Protestant boroughs were suppressed ; and a compensation of 1,400,0001. paid to Protestant owners, and not one shilling to Catholics. The consequence would be, that popular elections would prevail. In such case he left gentlemen to judge how long the security would continue for the Pro testant establishment in Church and State, and the connection between the " two countries. If this w-ere the cnly objection, he should think it quite sufficient. He felt the full force of thpse conse quences to be apprehended from such a measure, and he trembled * for the separation of his native country from that connection with England, de prived of which he w^s convinced she would be neither prosperous nordiappy. Mr. George Ponsonby observed, that one part Wf- ''™- of Mr. Foster's speech completely answered the other. It was ridiculous and contemptible to hear gentlemen argue, that there must be danger to the constitution, in permitting some Cathohcs to pb- tain seats in Parliament. He indignantly resented the fpul calumnies and misrepresentaticns of his countrymen, which he had heard in that House, and heard of in another place. Their character • These sentiments vyere singular from the mouth pf Mr. Fos ter the Antiunionist ! 1 f r4d^ The Rdgn of George- IIL ISO,?, was the direct' reversci Inproofof that, heurged' that those, who had given this character had be-- fore, and wpuld again return to Ireland, and walk: in the mpst perfect security in eveiy part of it.: and he defied any person living tc prpve a single in*- stance, in which the pecple^ who had. been thus degradingly traduced, had ever expressed the least, personal resentment, or inflicted any perspnal ven geance pn them. In speaking pf the bpdy pf the Irish Catholics, he said. There never was a race of men in Europe, who had preserved so much of ,What was good under so much oppression. " I " know them well : arid Ifcnow at the same time, " that whatever there is good in them, they owe " to themselves: whatever is bad inthem', they "owe tpyOu. Yes; Sir, I will say, it is owing " tP your bad Gpvernment, I have many friendiJ " and near connectipns in this ccuntry, fcrwhom' "I feel the highest respect and mcst affecticnate " regard. I Ipve this ccuntry, and wpuld do " every thing in my ppwer to serve it, but I will- " not flatter it. Ypu have g-overned IrelaiKl " badly. That country has long, appeared to yon " in the fight of what is called a bore. Ycu have " viewed it as a ea*/ offj not worthy your notice "or regard : and so Ministers get rid of the trou- " ble pf it, they care not how." He was sur prized; that the petipioners were Catholics. He- thought the Pi'otestants ought to have voluntarily biouglyt it' forward. It would have produced the happiest efi'ects, and have, shewn, a confidence highly hoiiPiable tp them. " Ppwer is in itself at Administratidn; Thii-d The third head of accusation refers, to the im- position of fines, which are stated by the accuser to have been " heavy and enormous, and to the " great oppression of his IMajesty's loyal subjects, " who for public motives,- and. to support the " laws, had accepted the olfice of Magistrates, and " of those, who were dischaio-ing; the duties of " Sheriffs in the several counties of the said cir- *' cuit." The charge in specifying the offences * In the days pf. Charles II. pne of his Majesty's Judges pf Record in England, was charged with disaftectipn by a clergyman of np dignified rank. He wa, and recovered by verdict of a Jury 10,0001. damages for the in jury done to his character. He, like Mr. J. Fox, was an inde^r, pendent, not a courtly Judge. He was one pf the four,, who had signed an opinion against the legality of ship money. Administration of E. Hardzvicke under JMr. Pitt. 171 complained of, begins with setting forth, that the '^"^^ said Luke Fox did impose the excessive fine of 5001. on the High Sheriff of the county of Fer managh, and it enumerates other fines to the amount of 201. : all of which were in July 1804, and in January 1805, charged to be heavy and enormous: but after the private examination of witnesses, in May 1805, the grPund of objection to the fines was altered, and then they were charged to he illegal and excessive ; and the num ber objected to was reduced from 20 to 8. The ¦ bare statement of the law and facts, shews the ig norance, falsehood and malice, with which this head of complaint was prepared and preferred ao-ainst Mr. J, Fox. The substraction of 12 out ef 20 charges speaks for itself. Mr. Gerard Ir vine, the Sheriff' of Fermanagh, failed in his duty by not ateending according to notice to meet the Judges on the verge of the county. An oflFence particularly enhanced by the perilous state of the times ; for which he was fined by Mr. J. Fox^ not in 500l, but lOOl, ; as appears by the records of the Court of Exchequer in Ireland, where the fol lowing estreat is entered. " County of Fermanagh, > " At a general assizes and general goal de livery, held at Enniskillen en the 18th day of August 1803. " Gerard Irvine, Esq. High Sheriff of said county, for not meeting or attending the Judges at the verge pf -the said county en ]/- The Reign of George IIL "05. their arrival there on the commission day of the assizes of the said county fined 1 001." This fine was agreeably to law estreated into the Exchequer in November 1803, and it is morally impossible, that Mr. Irvine, and all those, who busied themselves about this head of complaint, should not have known, that the fine Was lOOl. and not 5001. long before it was so gros.sly and re peatedly misrepresented to the House ef Lerds. Had Mr, Irvine felt himself aggrieved by the fine, he had a prompt and ea.sy remedy at law before a Jury of his country both before and after the es treat : for the words of a recent statute * are ; " If * 21 & 22 Geo. in, c, 20. s. 10. It mky open the reader's eyes to the nature and spirit of the vvhele persecutien pf Mr. J. Fox, tp remind him, that by the 27 Edw. I. c. 3. commpnly called the stzixxie. de jinibus, it is enacted, that Justices ef assize shall enquire, if Sheriffs or any others have let out by replevin ' persons not repleviable. That by the 23 Hen. VI. c. 10. Jus tices of assize are authorized to determine of office without spe cial commission of and upon all Sheriffs, Under-Sheriils, bailiffi, officers, and other Ministers, as to matters of arrest and taking bail. That by the 10 Car. I, (Irish) Justices of the Feace shall not admit any persons to bail for offences not bailable ; that in cases bailable. Justices of the Pe-ace shall, before ihey admit any persons to bail, take the information of the prosecutor, and re duce the same to writing, and that- they shall certify such infor mation to the next general gpal deli-vvry. That Justices of the Peace shonld in cases not bailable, before they shall commit a I prisoner to goal take the information of the person bringing such prisontr before them, and .shall certify the same to the next goal delivery : that Justices at the Peace shall bind prosecutors by rtcogniaance or bond tp iq}pear and pro.secute at the hext general g'-al delivtry, and shall to the same certify such bond er recpg- Administration of E. Hardwicke under Mr. Pitt. 173 ' the party shall shew any sufficient matter in '^os. law, equity or good conscience, why he pught ' npt tp be charged, and sufficiently prove the ' same, the Ccurt may discharge him accprd- ' ingly." Anpther part pf this charge, thpugh less in quantity, is ahke in quality; " That at ' Longford on the said circuit, the said Luke ' Fox did impose a fine of 201. on John D'Arcy, '" and fines of 51. each on eleven other persons, ' (named in the article) for not answering to ' their names, when called in Court to attend as ' Jurors, altliough no proof was produced or ' even directed by the said Luke Fox to satisfy ' him, that any of the said persons had been sum- ' moned to attend for that purpose." In answer o this part of the charge: 1°. The record ef the Court again convicts the prosecutors ef false- hoed : the estreat ef Mr. D'Arcy's fine is only ef 51. : 2°. It is not necessary by law to prove, that the parties have been summoned. The Sherifif must be presumed to Obey his precept and not to return any for Jurors, but such as have been sum moned. If he fail in his duty, he is answerable to the party : 3". Each of these persons had in fact been duly summoned ; as appeared by affida vits procured by the Clerk of the Crown, after Judge Fpx had received a copy of the charges. nizance, " And in case any Justice pf the Peace shall pffend in any thing cpntrary tP the true intent and meaning pf this act, that the Justices of goal delivery shall fur every such offence, set iuc/i file on evaiy siich .Justice of the Peace, as the said Justice shall think meet.'' 174 The Reign of George LLL ^J^^^ The next charge was of a different nature : and Fourth perhaps more illustrative "of some ef the gratid abuses of the system. " And with the .>>anie .spirit " of oppression,' the said Luke Fox did impose a " line of 2001. upon the Earl of Enniskillen for " some alleged informality in his conduct, as a " Magistrate." These are the facts. On Judge Fox entering the county of Fermanagh, a person of the name of Patrick Breslin was returned to him on the calendar by the Sheriff, as having been com mitted by Lord Enniskillen to the county goal on the 8th of July 1803, and ordered by the commit- ' tal to be kept in a room by himself, till further or ders, and as being then in custody in the said goal. Another person, by name Patt Maguire, ' was in like manner returned on the calendar by the Sheriff', as having also been committed by the Earl of Enniskillen to the said goal, on the 18th ef July 1803, and as being also then in custody under such committal. Mr, Johnson, the Clerk of the Crown, a diligent and intelligent Officer, as his duty vvas, entered from the calendar these- twP persons in distinct numbers on his own and the Judge's crown book, as having been so committed by Lord Enniskillen, but without specifying any charge of detainer. It was the sworn dutv pf the Judge under his Majesty's cpinmissipn to deliver the goal of that county, and to enquire into the causes of the detainers aud committals of them by Lord Enniskillen. The committals were called fpr and produced : they specified no offence whatever. The examinations or informations, on which alone Administi^ation of E. Hardwicke under Mr. Pitt. 175 committals ought to be founded, were then called '^o^. for by the Judge, in order to learn what the of fences charged upon them might be. The Clerk o/ the Crown certified, that no information or ex amination of either of them had been ever returned into his office. The Judge thereupon ordered the prisoners to be brought to the bar; in order to en quire ef them, the facts alleged against them. The goaler then informed the Judge, that those two prisoners had been taken put of his custody on the I8th pf August, (that is during the as sizes) by a military guard sent for the purpose. The Judge felt this to be a high indignity offered to his Majesty's commission : and enquired, if Lord Enniskillen Were in town : on learning, that he was at his country seat, (Florence Court) he de sired a friend of his Lordship's to go over to him with full instructions to relate the whole faithfully, make his compliments, and entreat his Lordship's attendance in Ccurt pn the next day, which was the last day pf the assizes. The Judge having waited in Court to as late an hour as he could, for the appearance of Lord Enniskillen : and having repeatedly enquired for him, he found it his duty upon his Lordship's non-appearance to fine him in each of those numbers lOOl, On quitting the Court, Mr. J. Fox wrote an official letter to Mr. Wickham, stating all the ciVcumstances of the case, and desiring, that it might be laid before the Lord Lieutenant. The letter was acknowledged, and the Judge assured, that; it was then lying be- 1 76 The Reign of George LIL 1S05. fore his Excellency for his consideration*. Thc ^^'^^^ latter part of this third cliarge is put sp indefi nitely as tP balfiflle all possibility of defence. It leaves it utterly uncertain, what crimiinaHty is meant to be insinuated, for nothing specific is set forth, " And the saiy 1 binding thfivvound until he expired. In this case, there was no pretext for any necessity of trying him bv court martial, because the ofJfence, of which he was charged, was triable by jurj'^ under the 27 Geo. 111. c 40. (Irish) by which, seducing a sol dier to desert, or aidiiii; or assisting therein, is made ftlony pu-^ (iishabie by death. But ii is no trivial part pf the system, to put down the trial by jury, aii..l trcit the standard of military juris- pi'uJcucL' upon it'i rnii,vS, Administi^ation of E . Hardwicke under Mr. Pitt. 17' " and several other Mai.'*jtrat6s of different cbuh- '^"^• " ties on the saicl circuit." By inspecting the re cords of the Court of Exchequer, it will appear, that the four gentlemen named in that part of the charge were fined for glaring offences under the 10th ©f Charles I. and in each instance, the fine •was reasonable and moderate. The Rev. Mr. Hawkshaw was fined 501. for admitting to bail two persons charged positively with burning a dwel- hng-house : the parties bailed did not appear, and they forfeited their recognizances. It appeared evident, that there also was collusion between' the Magistrate and the prisoners, and afterwards be tween the prosecutor and the prisoners; Mr. Stewart was fined 50l. for committing one Neale Ford -to the goal of Enniskillen without any' charge en oath having been made against him, and en larging him on the eve of the assizes without tak ing bail for his appearance,: Mr. Pallas was fined 201. as well as Mr, Webster for enlarging without bail a prisoner charged with a capital offence. Both in the charge and mbtiori made by Lord Abercorn for Mr. Webster to attend to give evi dence before the Lords his fine is stated to be lOOl. whereas by the estreat, it appears only to have been 20l. The fifth. article of charge,. Avhich Was afterwards pifth withdrawn, refers to, er insists upon no facts: it'^^*'""" proves nothing beyond the malicious levity of the fabricators of it. The mere recital, is the refuta tion of the charge, " That with the same spirit of VOL. II. N 178 The Reign of George IIL 1805. <' oppression, the said Luke Fox did at Longford " at the same assizes . maliciously declare te the " then High Sheriff, that he was sorry, that the " said Sheriff had not left it in his power to fine " him; although the same Sheriff in every re- " spect to the best of his judgment and abihty '^ discharged the duties of office, and had con- " ducted himself with every possible respect and " attention to the said Luke Fox." dlTrge!'^ The sixth article of charge is in its nature im portant and vital to the conduct of a judge. It is maliciously put in these words: " That the said "Luke Fox, on the said circuit, did, in viplent " and abusive language, wantpnly, scandalcusly, " and unwarrantably traduce and libel the charac- " ters pf Wifliam Armstrpng, John Semple, Noble *' Weir, and others, all of the county of Ferma- " nagh (being jurors sworn upon a petty jury " at the last summer assizes, at Eimiskillen, in the " county of Fermanagh) by declaring them not " worthy to be believed en their oaths, and as un- " fit to act in the capacity ef jurors ever again; " and by ordering the clerk ef the crown to deli- ' " ver in a list of their names to every succeding "Judge, as men unfit to be jurors, that they might "prevent their serving as such in future.*'' The short, though important history. of this manceurre and charge is as follows. The gentlemen of this ju- * This was the third or last castigated edition of the most noble Marquis's charges preferred against J, 'Fox. Mr, Arm- .strong's petition presented to the House of Commons by Colonel Cole went much further in charga, (Vide Note, p, 13.) Administration ofE. Hardwicke under Mr. Pitt. 179 ry, for nearly twelve months after they had been thus Jf"^ marked and censured by Mr, J. Fox, never prefer red any charge or complaint. And it appears by the evidence (however costive) of Mr. James Gal- braith,* before the Committee ef the Lprds, that he, in cmijunctien with a Mr. Robert Wier, an at- . torney in Dublin (whose bastard son Npble Wier was pne pf the Fermanagh petty jurymen) prepar ed the petitipn pf Mr, Armstrpng and the jury men, that was presented tp the Heuse pf Lords, without the privity er directien pf any of them. It was then, without a moment's delay, engrossed for signatures. The whole ef that petty jury signed it without enquiry or scruple, and dined to gether at a public house at Enniskillen. The din ner was neither ordered nor paid for by any of them. Mr. Galbraith admitted in his evidence,f -J- This Mr. James Galbraith had for many years been attor ney and law agent to the Marquis of Abercorn ; he had long been under sheriff to the county. He is moreover a banker, patentee clerk of the errors of the court of exchequer chamber, crown splicitor for the Neith West circuit, and register pf the dipcese pf Derry. Mr. Rpbert Wier is a practising attprney at Dublin : and at that time was a defendant in a suit depending in the Cnurt pf Cpmmpn Pleas in Ireland, in which a heavy verdict had been found against him for meney received at diffe rent times in trust fpr the Plaintiff, and a mptipn tp set aside the verdicl had been lately refused by that cpurt. • When this Mr. Galbraith was questioned in the cpmmittee, " how he came to suffer an allegatipn to be stated in that peti- " tiqn, which, -according to his own evidence given to that ¦' House, was was absolutely untrue?" His answer was, " The " petition, as to the latter part of itj was stated to him by Mr. " Weir," (Printed Evid. p. ,^3 ) ISh The Reign bf George LIL 1365. that he summoned them all to attend as witnesses ill London, to support the allegations of the peti tion, and advanced them money for their journey and expences. My. Armstrong and the other ju rymen examined before the committee positively denied upon oath, that Judge Fox did, as stated in the petition, on the trial of Fletcher, Keys and Sharp, for the murder of Morris, charge very strongly to find the prisoners guilty, or that he expressed great dissatisfaction w1ien the jury deli vered their verdict. On the contrary, when tlie evidence had been gone through, the judge summed up with accuracy and precision, and then left it to the jury, observing to them, that there was evi dence suflicient, if they believed it, to find the prisoners guilty, iipticing the different 'circum stances, that applied particularly to each ; and then left the case of the prisoners to them in the alter native, charging them, if they believed the wit nesses, to find the prisoners guilty; bitt if tliey did not believe the witnesses, to find a verdict of acquittal. The jury, after a short dehberation, brought in a verdicv, acquitting all the prisoners, which Avas received and recorded without anv pb- servatiou from the judge, and the prisoners weta discharged. The most virulent of the witnesses produced to this charge have admitted, that the prisoners had, under the judge's direction, not on ly a fair and impartial, but a merciful trial. Thus the fpul and revplting charge made in the Hcuse pf Lprds, that a judge had usurped the ppwer of the jurors, aud strongly charged the jury to^ find Administration of E. Hardwicke under Mr. Pitt. 18 i the prisoner guilty, has been proved by the prose- ^lf°fv, cutor's own witnesses to have been an audacious and malignant falsehood. On the day after that trial, Mr. J. Fox taking into consideration, that the verdict in this case was contrary to strong and pregnant evidence, and that the jury, even during the trial had manifested an unjust bias by the questions, which they put to the witnesses trum the jury box, and it appearing to him a case, on which no unprejudiced person in court entertained a doubt as to the guilt of two, at least, of the pri soners, and from his knowledge of the circuit, he thought it would be conducive to the ends of jus tice, to mark the verdict by such a censure, as he had known to have passed upon similar verdicts from the most enlightened judges, both of his own and former times. He did, therefore, in the presence of the Grand Jury, take an occasion of animadverting with severity on the condutt of the petty jury, and concluded by directing the derk ef the crown to enter a rule upon his crown book, in the following words, first stating the names of the jurprs: " The King "^ THE above names are hand- V. > ed by order of the Hon. Fletcher and others. J Mr. J. Fox, to the different going judges of asssize, with his wish, that they should never be returned on any jury in capital cases, in as much as they found a verdict in this case against the clearest evidence." In so -acting,, the conduct of the learned judge could not have "been more prudent, legal or constitutional. 182 The Reign of George III. 1305. 'pi;,e sev^enth article of complaint is, compara tively with the others, of trifling impprt. It tends, indeed, tp show, to what lengtlis wounded pride and baffled corruption will go, when armed with the power and countenance pf the state. " That *' at Lifford, on the same circuit, the said Luke " Fox did swear and impannel a Grand Juiy, one " day before the day he had appointed by public " advertisement for that purpose, by means where- " of, many respectable gentlemen of the cPunty " pf Donegall, who usually attended, and did ac- " cordingly, with the same notice, afterwards " come to attend, as jurors, were prevented from " being sworn and impannelled on the Grand " Jury." The circumstances, on which this head of accusatipn rests are. That pn Thursday, the 25th pf August, 1803, the assizes ccmmenced at Liffbrd; and as soon as the judges had opened the commission, Mr. J. Fox was informed by the she riff of the county, at the head of a very consider able number of gentlemen,, that there was then a full attendance of the gentlemen of the coiyity, who were summoned by him to attend, as grand jurors at that assise : and that he was commissioned by them to request they might be then sworn ; that the business of the assizes would be thereby much ex pedited : and that it woukl be a great conveniency to the gentlemen of the county ; as by so dping the business might be gpne thrpugh, and thecpurt discharged by Saturday : Ptherwise they must be detained till the Mpnday, which wpuld be,, under the existing circumstances pf alarm Administration qf E. Hardwicke under Mr. Pitt. 1S3 and danger, peculiarly inconvenient. The judge, ^^os. seeing a full attendance of such gentlemen, as were usually known to have served on G rand Juries in that county, and several of those gentlemen having re-r presented to him, that their attendance was required in ether places, particularly to embody their corps of yeomanry, was disposed to comply with their request. Wishing, however, to give every gentle man of the county returned on the sheriff's pan- nel. an opportunit}' ef serving on the Grand Jury, if he thought fit to attend, adjourned the Court, and waited above twp hpurs longer. ' Being again impprtuned by the gentlemen present, and assured bj' the sheriff, that there was a suffi cient attendance pf the gentlemen returned pn his pannel, the Judge returned tP Cpurt, and swpie in the Grand Jury. This preceeding was, in every respect, regular and legal. Thc Grand Jury was swcrn pn the return day pf the precept, signed by the Judges, and directed tp the sheriff; and the swearing on Thursday was at the expres.s land repeated requests of the sheriff and the -gen- tlememen returned en his pannel. It was done for the accommodation and for the purposes of expediting the public business. Mr, James Gal braith, Attorney and Solicitor for the Crown was returned on the pannel^ attendecl, was sworn, and acted as a Grand Juror at the assizes. What laudable motive could have suggested such an ac cusation, couched in such agrravating terms, against a_, respectable judge, ten months aftier the 184 The Reign of George III. \^^^^ circumstances had taken place, without notice, aiid behind his back ? Kighth The eighth Charge is specific, and requires some oiMnnlru detail to disclose to the uninformed or prejudiced the real facts of the case, which will, at the same time, expose, in full deformity, the barefaced falsehood and malignity of the charge : " That at " the said assizes of Lifford the said Luke Fox did " centrally to every principle of law arid justice, " and with great indignity and outrage, arraign, " prejudge and imprison John Hart, Esq., and " did also conduct himself towards the jury'im- " panrielled in the un\varrantable and unponstitu- " tional manner represented in the petition of the " said John Hart, by confining the said jury " from Saturday evening until the Monday morn- " ing following; declaring, that they might '' cool their consciences untilthat time," Inven tion could have hardly 'Drought together so ma ny fancied incideiits, as in this case actually concurred to illustrate the iiiiquitoirs traffic of Gratid Jury presentments and road jobs * in Ireland. On Saturday the 27th of August 1803, at the ,Cases of _ ' M'DougEi assises ait Lifiord, one M'Dowgal a substantial farr ' mer was tried before iMr, J. Fox by a jury of the county of Donegal, of which the Rev. Mr, Ro binson was the foreman, for having cheated the county pf 461, Os, 4d, which had been raisetl un- ,der a presentment for repairing a road, of which lie had been appointed overseer 'by the grand, jui'y * 'Vid, Ante Note, p. 29. Administration of E. Hardwicke under Mr. Pitt. 185 of tlie county. By that appointment he was to ^^^"^• make and repair the road, and upon producing an affidavit signed by a justice of the peace, that he had expended that sum upon it, he would have be come entitled to receive it from the treasurer of the county. He procured a Mr. G. Keys a magis trate to put his name to the form of an accounting affidavit, which, he had not sworn, and thus frau dulently received the money without expending any part of it upon the repairs of the road. The practice was so frequent and public in that county, that Mr. M'Dowgal hardly thought of defending himself against the indictment, and was found guilty without hesitation by the jury. Immedi- ' ately after M'Dowgal's trial was finished, another person of more easy circumstances and respectabi lity named Dobson, was put on his trial for a si milar pffence: with this difference, that the sum presented and paid was 451, ; that Mr. Hart, (through whose ground the road ran) was one of the three overseers appointed by the' grand jury, well fknew, that a very trifling part of the money had been laid out on the road, and that he (Mr. Hart) to whom Dobson was agent and receiver received the whole sum pf 451. from the treasurer of the county ; that Dobson procured Richard Ir vine, who was one of the overseers jointly with Mr. Hart to sign his name to thc form of an affi davit, purporting, to account for the expenditure of 451, in making and repairing the rpad, as if the said Richard Irvine had swprn the same ; and that said Dpbspn had prpcured Mr. Alexander M'Cul- 1 s6 The Reign of George IIL 1 80S. loch a justice of the peace for that county to put his name to it, as if it had been duly sworn before him by Irvine ; and that Dobson did at the Spring assizes at Lifford on the 5th of April 1802, give in and deliver such false instrument to the grand jury, affirming it to have been sworn, and well knowing the contrary : by which means the sum of 451. was ordered by the grand jury to be paid, as it was paid to Mr. Hart, one of the overseers named in the presentment : and the owner of the lands, through which the worst part of the road ran: that Mr. Hart pocketed the whole of the money,' and left the road impassable : for accord ing to the evidence given on oath by Mr. Cham bers a justice of the peace and conservator ef the roads in that district, who surveyed the read in question within very few months after it was al leged to have been made, that the work was ineffi ciently done, with sods and a little gravel sprink led over it ; that the road was through a lowland in a mountainous part of the country, which was the estate of Mr. Hart : that he enquired of the tenants, why the road was not better done, and was answered, that they owed Mr. Hart an arrear of rent, upwards of three years, and that Dobson, Mr. Hart's agent, came tp-tlie lands and divided the road amongst them, according as every man was in debt tp his landlpid : and that they after wards got receipts from Dobson, as far as the road went: that they were allowed by Dobson only 4s. 9d. a perch, and they heard ^s, a perch had Administration of E. Hardwicke under Air. Pitt. 18^ been given by the county. Mr. Chambers further '8"^- swore at the trial, that upon enquiry of Mr. Ir vine, why he had sworn such an affidavit, he had indignantly denied, that he had ever sworn it : though admitting, that he had been applied to by Dobson for the purpose, and had said, that for a .church full of gold he would not do such a thing. That Dobson then applied to Irvine to sign hi.s name te the paper : and that he did so. He durst not refuse, because he had bog leave from Mr, Hart, which he might be turned out of, if he re fused. He further swore, that the road was then (1803) impassable, that he could not ride over it, that he was forced to alight from his horse, which was bogged in the road, and that the grass was , growing through a part of it : that he (Mr. Cham bers) had made a report, which he delivered in writing to thegrand jury of all those circumstances at the Spring assizes in 1803. It was also proved at the trial by Mr. Alexander Stewart, the foreman of the grand jury, that Dobson was called before the grahd jury at that assize, and the report was read to him : that he at first denied the charge, but that he afterwards admitted it, and said it was a jcommon practice in that country. The grand jury thereupon came to strong resolutions, censuring the conduct of Dobson, and applied to Mr. J. Gal braith* (one of themselves) the Crown Solicitor, • It will be rememljered, that this charge of Mr, Hart against Mr. J. Fox was the first and only one brought forward against him so late as the S^st pf May 1804. It prpminently carries upon the face of it the e.isential spirit of the state persecution of 188 The Reign of George III. 3805. to prosecute him- It appeared further in evidence, ^""'^'^^ that, Mr. Hart had received the entire sum of 451. so presented, soon after the Lent assizes in 1802, and had allowed his tenants, in arrear of rent, to the amount ; and that Dobson gave them receipts by his directions : That Mr. Hart was a grand juror at the time the presentment was first pas sed : and also when an alteration was made by the :grand jury in the appointment of the overseers: Mr, Ir\ine, who though no tenant, was under the influence of iMr. Hart, having been substituted in the lieu of a Mr. Michell, That Mr. Hart was likewise a grand juror, when the fictitious account ing affidavit was given in by Dobson his agent in 1802. He was also on thegrand jury, when Dob- spn at the Spring assizes in 1803, confessed his guilt : and when they passed the resolution of cen- .^ure against hitn : and he was one of the grand jurors, who actually fpund the bill of indictment against Dobson, for the fraud aud cheat, at which they were so highly indignant. Yet this very Mr. Hart, one of those iiidignants, came on the table at the next assizes, an;l putting off the character of a censorious grand juror, aud assuming the qua- an upright and firm judge making a virtuous stand against the managers and coiuioulers ol a country, in which fraud, pecula tion and perjury were admilled to be a common practice, Mr. Hart's petitions tp the Lords and Commons were manufactured by Mr. James Galbraith, who exhibited himself at the bar pf thc Hpuse of Lords, a.s altorriey to the prosecutor, cr&ivn solicitor, grand juror, purveyor of evidence, paymaster of luilnesscs, drawer cfpetitiom, and ^.vilness in the cause. ' - Administration ofE. Hardzcickc under Mr. Pilt. Igg lity of a disinterested witness, swore against Dob- 'soj. spfti's own confession., and against the mass of evi- ^^' dence, which had induced him and the other graml jurprs tP pass tliPse damnatory resolutions, that Mr. Dobson zvas a vefy hojiest man : and he con tinued to employ him as his agent after the confes-^ sion of guilt as he had dpne for many years before. Ca'n it be wondered at after this, that Mr. J. Fox should have said from the bench, that Mr. Hart ought to produpe a witness to his own character ? This 8th charge presented by Lord Abercorn to the Lords to be handed down to posterity on their joiirnals and records, is ushered in by the impu dently false and malignant words, that the said Luke Fox did contrary to every principle qf law and justice, &c. : and wonderful to state, Mr,/ Hart himself is brought before the bar of the House of Lords, as the principal witness to prove the charge *, The jury having heard the charge given byD;ss™tr.F ,.,.,, ., ,. ,. ,1 tlie jury, the judge, retired to consider their verdict ; and the judge proceeded to dispose of the remaining busi- heis of the assizes. After several trials had been gone through, a messao-e was delivered to the judge, that the jury had agreed in their verdict ; and being ordered into court, the foreman ten dered a veidict, finding in substance the traverser * The Rev, Mr. Robinson, who was foreman of the jury, that tried Dobson, a gentleman of great respectability, unequivocally declared, that if Mr, Hart had been then pn his trial, thejrwould have fpund him guilty pf the same offsnce pa the evidence given during the trial pf Dobson, 190 The Reign of George Ifl 1805. guilty of procuring a fict^itAom accounting afidavif. The judge refu.sed to take this veidict, as not be ing a finding on the issue, which they had te try^ and again explained the naturti of the issue^ upon which the foreman said, that nine of the jury were for finding the traverser guilty of the offence ge nerally : but that three were against it, alleging as a reason, that Dobson profited nothing by the fraud. The jury were again sent back to their room : an^ ihejudge finished what business re mained : and amongst other things, he passed sen tence upon M'Dowgal, who had been found guilty by the same jury. When the business drew near a close, the judge sent a message by a bailiff to the jury, to enquire, whether they had agreed, orwere likely to agree in their verdict; to which a nega tive aaswer was given. After some time to alike message a like answer was returned: when by di rection of the judge, the jui^y were infprmed, that if they were not likely to agree, the court would be adjourned until six o'clock on Monday morn ing. The jury having once more sent a message to the judge, that they were not likely to agree, after having waited half an hour longer, the court was adjourned about eight o'clock on the Saturday evening, till six o'clock on the Monday morning. "Within an hour after the judge had left the court, a message was sent from the jury tp signify tp him, that they had at last agreed in a verdict ; finding the traverser guilty ; with the intent pf reccmmend- ing him to mercy. Whilst the foreman was knock ing at the door to send in the message, one of the Administration qf E. Hardwicke under Mr. Piit. I9I jury said, he never had agreed, and never would ^^o^- agree to that verdict * ; but the other eleven did agree to it. Thereupon they went back to their room, and submitted from that state ef dissent to be carried to the verge of the county, where they were discharged, persevering to the last in their disagreement. It is to be observed, that Mr. Ro binson the foreman, and his fellow jurors, peremp torily refused to sign a petition against Judge lox \. He declared, that if he signed any peti tion at all, it would be to express his approbation of Judge Fox's conduct. Thus was Mr. Hart left te bring forward his own case before the Lord,s and Commons with the countenance and private aid of the British Minister, and spme pf his mosj ohsequipus tppls, and the public and unblushing exertions pf the Marquis of Abergorn, Sir John Stewart, late Attorney General, and their trusty and sympathizing associate and pluralist James Galbraith. The entire of the civil and criminal • This was specifically sworn tp in an examination taken by Mr. James Galbraith (whp tp his other numerous characters, adds -that of a justice pf the peace for the cpunty pf Donegal,) of John Stewart, Esq. (pne pf that jury) pn the 2d' of Septembei- 1803 ; befpre any accusatipn of Judge Fox had been thought pf. ' The priginal examinatipn is ampngst the records of the county of Donegal., t This came out upon the cros.s examination of| Mr. James Galbraith before the Lords. He had invited Mr. Rpbinson to '*dine with him in Dublin, offered him 1001. for going to London to give evidence against Mr. J. fOx, and urged his assurance, that he and his fellow jurors should be liberally rewarded, if they would come forward in support of the prosecution. 1,9€ The Reign qf George III'. 1805. business was finished on the Satmxtay with the ex ception of taking the presentmenis; and all the jurors and suitors and other persons attending the assi'zes were then discharged, except the grand jury, and the petty jury deliberating on their ver-i diet in Dobson's case. The sentence, which Mr. J. Fox thought fit to pass upon M'Dowgal * was, * Upon good and cogent reasons did Mr. J. Fox deem it ne cessary to pass an exemplavj' serftenoe on this delinquent in a country, where Orangeism held the ascendancy, where it had been proved in evidence, that the crirhes of which M'Dougal had been foifrid giiiltyWere a common practice,' and that Dob son had made th« frequency and notorietj' of it his justification and defence. . Whence it happened, that the frequency and irar punity of delinquency had introduced a species^ pf local morali ty, which treated the most flagitious crimes, (perjury, robbery, of the public, and murder of informers, witnesses, &c.) as vr- nial offences, and practically cleared them of sh-ame and remorse by admitting the perpetrator inta society, and syi'earing in a court of justice, and that he was entitled to the character of a very honest man. It may here be -instructive (o some readers to lay before them the general system of Irisli law pf Grant Jury presentments, out of which such an enprmity pf abuse lias ema nated. Within threescpre years immediately preceding the unipn of Ireland with Great Britain, a code of laws was enacted by the parliament of IrelanJ, introducing a sytem till then un known to anj' part of the United Kingdom, of making and ra^ pairing public roads and bridges, for the communication and conveniency of the inhabitants. By these statutes, which are numerous, the Grand Juries at the assizes are empowered to present aiiy sums of money, limited in amount only by thede-, mands made upon them, and by their own direction to be levied on their respective counties, for the purpose of making and re pairing the roads, in the several districts of such counties. The.se presentments, where a new road is to be made, cannot by law be passed, unless previous to the assizes, two credible Administration of E. Hardzpicke under Mr. Pitt. " 1 93 tp be impr^spned pne year ; tp pay a fine of lOOl. i^''^. tP the King, and to be twice pilloried. This se- perspns shall li^ve made affidavit, that they had measured the nevv intended line pf rPad : that it wpuld take a specificiec^ sum to ip^ke it, and that siich new line of road was situated between a market town and the sea. Such affidavits are to be given in to the secretary pf the Grand Jury, six days defore the assizes, and tp remain, afterwards,, among the records of the cpunt}'. The Grand Jury may pass these presentments in their discre tion. The money so presented is levied on the occupiers of the land, or the tenqi}ts actually cultivating the soil, in a.ddition to their rents pay?,ble to their landlords. And the landlord contri- "butes no parj of tWs tax, unless for such land, a? he may actu ally occupy ; vyhich in general forms but a small part of his es tate. If hp occupy no land, he cpntributes npthing to the charge or assessment. It thus becomes a tax upon occupancy in a cpuntry, v»her,e the occupiers of the land, from the dearth s of.trgde and manufactures are extremely numerotis and indigent. The poor, who may benefit by the labour of making the roads, must be, ftom the nature of the system, and in fact are few in nupilier ; and, con fin e,d to the tenants, and dependants of those, who impose the tax. These are generally the pnly perspns em ployed in t,hp;5e wprks- In many parts of Ireland, the grand ju ror, who imposes the tax, receives the mpney from the county treasurer, and gives receipts tn his tenants (paying perhaps, a r^ick rent fpr their land) for the money. The pppr thus emplpyed, are, in cpnsequenee, 'countenanced in idleness, and prptected in fraud ; and a degrading desppndency is ci-eated, debasing tp the spirit, ?ind injurious to the industry pf the pepple. The amount of this tax l;ias been generally calculated to exceed six hundred ifhpusand pounds a year. The presentment for the county of Tip perary fpr the last year (1810) exceeded 100,0001, Every presentment contains a description of the road tP be made pr repaired ; the sum tP be expended, and the names of two pr mpre perspn.^, whp are appointed by the grand jury, tp see, ¦that the work is fairly, and properly done. These overseers are VOL, II. O l()4 The Reign of George IIL 180.5. vei-g sentence upon a defaulter in matters of pf fence, to which tpp many then in cPurt were fa- to account by affidavit sworn before a justice of the peace, to be laid before the grand jury at the ensuing assizes. In order to prevent abuses, it is provided, that no presentment should be va lid, unless first read in open court, and passed or flaied by the judge ; and that np prder fpr payment pf money by the trea surer, shpuld be made without an affidavit, accounting for thc due expenditure of the money, and the honest executipn pf the work, being read in open court and allowed, or passed by thc judge., The former is what is called in Ireland, taking the pre sentments; and the latter, discharging the queries; because a question is put on every accpunting affidavit, befpre the judge allpws or discharges it. In consequence pf which, an order is made for payment of the money presented tP the pverseers. This is an invidipus and rexatipus duty of the upright judge, uhp will therefore give pffence in all instances, where resort is had tp the mPst shameful practices, tp evade the law; pf which some perspns pf a better descriptipn, frpm the facility given. ibe frequency of the example, and the difficulty of detection have not been found blameless. In the nature of the system, abuses will be committed in the application of large sums of money, to be accounted for in this cursory manner by affidavits, hastily read in court, in the hurry pf assizes, and where the judge must be necessarily ignorant, whether the affidavits have been duly sworn by the parties. These strong temptations to per jury have a direct tendency tp sap the fundamental principles of religion, mprality, and justice. Every stage pf a presentment is marked by one, or more, affidavits, which swells the number ef aflidavits at assizes in Ireland tp a number inconceivably great. In this state of things, where the frauds were so extensive and enor~ Tiious, the perpetration not discountenanced, the difficulty of detection so great, as almost to insure impunity, it became the imperious duty of a judge, whenever a cenvictipn pccurred, to impose such a punishment, as \vpuld braiid the offence with legal ignominy, and deter others from coilimitiing it. Under these Administration of E. Hardzvicke under Mr. Piti. 195 familiarized, created general alarm and consterna- ,^^ tion amongst those in particular, whose sympa thizing consciences brought te their recollection their own guilt. Hard were the reflections upon Mr. Hart from these, who bore in mind the grounds ef dissent in such of, the jurors, as had refused to find Dobson guilty, because he pock- etted nothing by the transaction. This was clear-' ly bringing heme te Mr. Hart the original and primary oftlsnce, in which his agent Dobson was palpably an instrument for his benefit. Mr. Hart was a man of powerful influence and connections n the county : he was an acquaintance, and had been a client of the judge, whose virtue would npt permit him to fall into such a dereliction ef honor and duty, as to allow affluence or influence to countenance, screen pr encPurage abuses, which had already become a national reproach. Whilst the iury was deliberating on Dobson's case, Mr. Fox read over his notes of the evidence j-inct of Mr, and finding, en consideration, that Mr. Hart was .strongly implicated in the guilt of that transac tion, and that a well connected chain of corrobo rating circumstances strongly tended to bring the real guilt and infamy of it to his door, at the sure peril of offending a set of men in that county (th^ Orange ascendancy) whose number and ppwer it circumstances, Ireland is highly indebted to the firm and virtu* PUS judge, whp passed sp just and necessary a sentence upon w Botprious and infamous a defaulter. O 2 196 The Reign of George III. 1805, was dangerpus tP prpvpke, he sent for Mr. James Galbraith, the Crown Solicitor, te his lodgings, on the Sunday, and gave him directions to reduce in to an information such of the different facts, which had appeared in evidence en the trial pf Dobson, as tended to impKcate Mr. Hart in the guilt ef that transaction, and tp have the informatipn ready tp be swprn at the sitting pf the Cpurt, pn the fpl lpwing mprning. Mr. Galbraith was tbunder- strucken: started many difficulties : made a vast pa rade pf ignprance : attempted many explanaticns : but at last submitted (most reluctantly) to the m- exprable ccmmnads of the virtuous judge. Early on Mpnday morning, after the presentments had been taken in Court, the Judge gave directions to have Mr. Galbraith called;^ he liad suddenly disappeared : but was sopn fpund and prpduced In Court. Thc Judge desired him frcm the bench tp Cpmply with the directipnshe had given him the, ¦day befpre» Oii which Mr, Galbraith tPok Mr. •Chambers, the principal witness on Dobson'^s trial, who had deposed the mobt material circmnstances against Mr. Hart, put of Court ; and after hav ing settled the infpvmation. together, they returned intp Cpnrt, and Mr. Chambers swpre it before a- magistrate then present, When.^ the information had been sworn, the Judge addressed the gentlemen pf the Grand Jury, stating the circumstances of Mr. M'Dowgall's and Mr. Dobson's trials, and the evi dence given on the latter,, which appeared strongly to affect Mr. Hart. He then- detailed the nature and circumstances, as they were de.taUfd in th© Administration of E. Har^dwicke utider Mr. Pitt, 197 informatipn pf his (Mr. Hart's) pflTence, and as ^J^^ they had appeared on tlie trial of Dobson. He concluded by directing, that the sheriff" should take Mr Hart intp custcdy, in prder that lie mig'ht give bail, tp abide his trial at the next assizes fpr that offence. Mr. Dcbspu, whp was standing in Cpurt near the Judge, intemperately and repeatedly at tempted tp interrupt him. The Judge check'ed him, with an assurance, that when he had done what his duty required pf -him, he wpuld give Mr. Hart a patient hearing, sliPuld he have any thing tp say. Mr. Hart gpt uppn the table, the mp ment the judge had clpsed, and acldJiessed him with unbecoming warmth ; he was reminded, that the court was np place fcr such intemperance, and the sheriff was ordered to do his duty, Mr. Hart then went from pff" the table tp the side bar, .where travetsers usually stand, not tp the common dock,* pr fislon's bar, as Mr. Hart falsely asserted in his petitipn. Thence he addressed the judge in insp- ient terms pf reprpaoh and menace, intimating plainly a design tp challenge him. He tpld him, that after his treatment pf a nobleman of high rank, he was npt surprized at his -conduct towards • Vid. ante note, p. 1 3. According tp the known axiom, those, who seek redress in a court of justice should enter it with clean hands. Mr. Hart, on the contrary, obtruded himeelf on the ' highest juridical tribunal in the British empire, with the wa^ges of guilt in his hands, and the words of falsehood on his lips ; having (unquestionably for the purpose of inflajning the public feeling against Mr. J. Fox) in one petition five several times dis tinctly repeated the notorious untruth, that byorderof the Judge he was committed to the common felons dfJck. 198 The Reign qf George IIL y^^' him : that, as a man of honour, he would resent it: called upon the Grand Jury to support his cause, and emphatitally asserted, that he had done nothing more, than every man of them had been in the habit of doing : and concluded a most impu dent address, by introducing again the nobleman by name, whom he had before alluded to, as if for the purpose ef intimidation. Mr. Hart was not interrupted in his address. After it was finished, the Judge repelled the insolent attack with firm , and dignified Coolness. Mr. Hart then gave bail and was discharged. Singular Immediately after Mr, Hart had been admitted Mr^nart.°^^o bail, and, befoie he quitted the court, the jury enclosed in Dobsens case were ordered into court, and after their names had been called ever, and having been asked by the officer pf the Ceurt, whether they had agreed in their verdict ? Mr. Robinson, their foreman, answered in the nega tive ; and instantly. added, that Mr. Hart had pro cured access to the jury the day before, and had spoken to them, whilst shut up, and deliberating on the verdict, in words calculated to influence their verdict: that he told them Mr. IM'Dowgal had met with a most severe sentence, which lie specified, and warned them, that if they found Dobson guilty he weuld meet with the same, fate. The judge expressed suitable indignation at this outrage upon justice, and severely reprimanded Mr. Hart, who did not even attempt to repel the charge thus puWicly made upon him. Conscious of guilt, he shrunk from denial, H,is high cr^st^d Administration ofE, Hardzoicke under Mr. Pitt, 199 insolence dropped intp guilty taciturnity and ccn- Tfj fusiPHj when he was charged in ppen Cpurt, be fore the grand and petty jury, " with having pre- " cured a sum ef the public money to be paid to " him (Mr. Hart) by false and frauduleiit pre-^ " fences : a sum pf mpney, which he had ppcket- " ted ; which he had retained in his ppssessipn, " after Dpbspn had ccnfessed the frauds, by which " it had been prpcured: which he had in his *' ppcket at the time pf his uttering thpse wPrds " tp the jury, whpse privacy he had shamefully " invaded, and whp by law, and under the sanc- " tipn pf an path, were debarred frpm all inter- " cPurse, except with the leave pf the cpurt," Althpugh the judge wpuld have been warranted in cpmmittipg Mi". Hart instantly tp the felpn's dpck fpr this aud^ious ccntempt pf cPurt, and pf public justice, he merely (perht^ps tpp leniently) directed Mr. Galbraith tc institute a seccnd prpse cuticn against Mr. Hart fcr this secpqd pflPence, which was sp clcsely blended and interwpven with the first, as tp fprm bmt pne transacticn, The sequel pf this grapd cpqtest between thcj^^ ^^^^ chaste administraticri pf justice apd the pverbearing ?"''none m arjpgance pf pipvincial ccrruptipn, shews hpw neces- Grand ju- sary the stern virtue of the judge* was tp vindicate • If ^ be allowable tp compare little with great things, it may be truly said of the Orange ascendancy, which pervaded Ulster and tpp "many other parts of the island ; that in the progress of their destructive career, they b.eheld euncta, teijarvm subacta, propter atrocet^ anifamn Catonis. " The «prld subdued, save the " inexorable mind of Cato," 20O 'The Reign of George IIL ^^"S- the licnour and enfprce the efficiehcy pf national justice. At the next assizes, Mr. Hart was tried, for the offerice of procuring access to, and tam pering with the ^etty jury, with intent tb obstruct and prevent the public justice of the country. At the trial the fact was most satifactorily prov ed, and after an able charge frbm Mr. Baron Smith, the jury retired, and affer a long delibe- ratiph, bi'pu'ght in a finding, that Mr. Hart was guilty of 'Speaking the Worth laid in the indictment^ but not with any evil intention. The judge Sfefiis- ed tp receive this finding, as being imperfect and insensible. The jury Were sent hack tp reccnsider the Verchct, and scph returried vd'th a verdict, ac- 'quitting Mr. Hart generally : not being able to in fer any improper intention from the conduct of Mr. Hart, in obtrudi'ilg o'n the privacy of the jury. At the same assizes (Spring 1 804) a bill of indict ment was sent up to the Grand Jury, charging Mr. Hart With having fraudulently, and by false pretences, procurfed the sufn Of i£"45. to be paid to him by the treasurer of Doneigal. The bill was ignored by the Dbfiegal Grand Jtiry ! ! ! Dofbson was again tried at the assizes arid found guilty of fraudulently procuring the mpney to he paid to Mr, iiart. i*hus, after a hard fought contest, the fact of fraud was at last established by the verdict ofa juiy. Yet Mr. Hart retains that mpney, which has been stamped by the verdict Of a jury pf the ccifntry, in which he lives, tp have been the wages of falsehopd, deception aiid fraud. Such was the subject matter of that fainous petition of Mr. Grand Jury preseni ments. Administration ofE. Hardwicke under Mr. Pitt. 201 Hart, presented to both Houses of Parliament, 1805. introduced under such high and mighty authority, *"''''*^ as to threaten destruction to the fortune, and, what he more highly valued, the honour and cha racter of Mr. Judge Fox. The next article of complaint was, '' That the ^''"l^* "*" " said Luke Fpx, at Liffprd, oil the same circuit, "'»'«/ "did, cpntrary tp law, take uppn himself tp nill pre^m. " divers presentments, that the Grand Jury, on " their oaths, made for the repair of roads, al- " though the said presentments were, in all res- * ' pects, agreeable to law, alledging, as the only •' ground for such conduct, that the name of " James Hamilton, Esq, was affixed as an over- " seer to said presentments." The proof of this charge rested solely upon the evidence of Mr. Hart, who deposed before the Committee of the House ef Lords : " that the jury having, been ^' read over, ]\Ir. J, Fox proceeded to read and " pass the presentments, in doing which he seem- " ed a good deal irritated, and particularly cap- " tieus with Lord Abercorn's agent, Mr. Hamil- " ten, a gentleman ef very high respectability,* " whose presentments Mr. Fox set aside and nil- " led, assigning no other reason, than that the " name of James Hamilton appeared endorsed as " an overseer." Mr. Hart^was then questipned by pne pf the Lprds, whether Mr. J.- Fpx as signed that as his reaspn, pr say, that was his on- • He has recently been knighted for his services by the Duke ot Richnipnd, when on a visit to Lord Abercorn, g02 , 27/e Reign of George JII. 180,5. ly reason for nilling the presentment, on which Mr. Hamilton's name appeared indorsed as over seer ? to which he answered, " He did. As soon " as he saw the name of James Hamilton^ he " threw it aside, and said : He shall be no over- " seer. And he did so with all the presentments, " that bore the name ef James Hamilton, as " overseer, endorsed upon them." Such is the evidence of Mr. Hart. The fact is ; thatMr. J. Fox nilled only one presentment, that bore the name of James Hamilton endorsed as an overseer, and passed all the others, and there were several, wdiich were so endorsed^ as appears by the records of the county of Donegal, where several presentments indorsed with the name of James Hamilton passed at these assizes, may be seen. The other part of Mr. Hart's evidence was contradicted by every other witness examined to that point : yet it is matter of notoriety in the county of Donegal, that when Mr. J. Fox nilled that single present^ ment, he gave distinctly, in open Court, the rea- ' sons, why he he felt it his duty to nill it. And they were as follows. That presentment was in dorsed with two names as overseers, viz. James Hamiltpn and James M'Ganigle. The latter was known te the judge to be a man neither of pro perty nor character : had been employed by James Hamilton in the capacity pf what is called an acting overseer, for several years, in and about the, town pf'Strabane, where Mr. James Hamiltpn re- • Vid. printed evidence, p. 30. Administration ofE. Hardzoicke under Mr. Pitt. 205 sided ; aud particularly on the great road of com- ^^o^- municalion between Dublin and Derry, between Omagh and Strabane, ^o the repair of which, im mense sums had been granted by the grand juiy of tlie county ef Tyrone ; and the road, which lay on the circuit, as to a considerable part of it, then was as it had been for years almost impassible. So glaring had the misconduct ef this IVI'Ganigle be come, that informations were at length sworn against him for the most shameful frauds prac tised by him in his trade of overseer. For some time he absconded from justice. When he reap peared, a bill of indictment was preferred against him, though ignored by the grand jury. All this was fully known to Mr. Judge Fox, and that knowledge iniposed upon him the indis- pensible obligation ef objecting tp his reappearing in his pld character pf pverseer, nptwithstanding^ the ignoramus pf a Dpnegal grand jury, pver which the judge alsp knew hpw far the influence of Mr* James Hamilton * and Mr. James Galbraith ex- • Mr. (now Sir) James Hamilton, was one of the leading of- ficei-s of that numerous host of witnesses, which Mr. Pitt was prevailed on by the most' noble Marquis of Abercorn to subsidize for the confederated expedition against the fortune, character and virtue of an upright judge. He was largely paid out of the public purse for his attendance, time and expences to and from Westminster and Strabane, but was not brought into action. After private examinations and rehearsals he was not approved of by the inspecting officer in England, and was not permitted tp present himself at the bar pf the House of Lords. Not so with his co-agent to the Marquis, Mr. James Galbraith. He went through a long examinatipn; and as a part pf his evidence 204 The Reign of George III. 1805. tended. Another flagrant circumstance flashed in the face of the judge. Mr. James Hamiltoni who strongly affects the system of road jobbing, sp, necessary tP be known to those, who have a wish, and may acquire the power of correcting the abuses of Ireland, it is submitted to their conside ration. He prefaced his testimony before the Secret Committee, with an assurance, that he had been for many years a grandjuror for both the counties of Donegal and Tyrone. The records of those counties shew, that his name generally graced the grand jury lists from 1799 to 1S04-. Sir James Hamilton has also been i;enerally on the lists of the grand jurors pf those two counties for several years. ' Question from one of the Lnrds. " What " does road jobbing mean ? A, I can give very little informa- " lion on that subject, excepting the nrdinary cpnversatipn pne '' hears in the country, of which, if ypur Lordship's please, I " will give you the best information in my power. It is gene- " rally considered, in Ireland, by every gentleman of fortiuie, " that he owes a duly to the public, to take care, that the roads " through his estate, through his neighbourhood in his part of " the country, shpuld be taken care of, and the gentlemen ge- " ncraily attend the grand jury, fbr the sake pf taking part in . ¦" this great pbyect, and gentlemen, that are peers, pr of great " estates, that are not resident, are generally attended for by " their agents. It is usual, when a presentment is presented, for •' money, to make or- repair any portion ofa road, for the prp- " prietors of ihe land, pr his overseers, to make use of the name " of another persen, whp is employed either as his agent, or " deputy, some person, that he has confidence in to superintend " the immediate execution pf the repairs pf that rpad. It fre- " quently happens, 1 believe, that the npbleman, or gentleman " thrpugh whpse estate a road goes, does not pay much attention " to it, but leave the execution of that presentment to overseers, " whose duty it is to superintend the daily work, and the phrase " of road jobbing is frequently applied to individuals, who get " thcmseh es intp that situatipn. " When gentlemen employ low persons tp see their present- " mciils extcuted, these men are sometimes charged with mis- Administration of E. Hardwicke under Mr. Pitt. 205 was the only other overseer named with M'Gani- J^^ gle, was also the second overseer in the present ment in the case, in which M'Dowgal had been convicted. Mr. J. Fox did therefore without re spect to persons nill that presentment, on which M'Ganigle was associated with his old employer James Hamilton, as overseer. The last article of complaint was personal, and i-"'' <''''?'¦¦ •1111 1 11 pr'senied recoiled back upon the source, whence the whole by Lmd batch ef accusation had drawn its vindictive ori gin. The torrent of crimination had in its pio- gress been swelled by the confluent streams of the wounded sympathies of friends, agents, and de pendents. " That the said Luke Fox at Lifford, " on the same circuit, in o|)en- court, availing " himself of his official situation, in order to in^ " executing thera, the epithet pf road jobbing is therefore some* " times applied tp persons pf that description, and I should sup- " pose it was applied, and not at all improperly applied to Dob- " son, or M-'Dowgal. Of M'Dowgal I knpw nothing. Of Dob- " son I know more. 1 had an ppinipn strongly against Dobsun, " that he was not a person.to be trusted with the e.^penditure of " the public money; and I was anxipiis for his cpnvictioh," Was any thing ever mere clear, full, gentlemanly, candid or satisfactory, than this unparalleled definition of road jobbing P Why vvas Mr. Dobspnnotto be trusted!' And why was Mr. Hart entrusted with the expenditure ef the public money .? Mr. Dob son did not ppc'ket the public mpney. Mr. Hart did pocket it, and retains it to this hour. Why was Mr. Gaibraith anxious to convict Dobson fbr having procured money tp be paid by fraud tp' Mr. Hart ? And why was he anxious, that his much esteemed and mpst highly valued friend should not even.be tried for this fraud? Was Dobson not to be trusted, only because he con fessed ? '206 The Reign of George III. 1805. " dulge private malice, and with a view tP bring " intp hatred and contempt, the character and " conduct of John James Marquis of Abercorn " publicly, and in the absence of the said Marquis, " did malicioubly impute to the said Marquis, the " having abandoned his duty as one of the gover- " uors of the said county of Donegal, and having " sacrificed the interest of that county to the in- " dulgence of private solitude, and sullen retiring : " he the said Luke Fox afterwards acknowledging, " and declaring, that his motive for so doing, " was to annoy and vex the said ^larquis of " Abercorn." The language, iu which this chai-ge is framed, the colouring given to it, the epithets pressed into the text bespeak the labpur pf thpse, wlip prepared to set up in the Ilouse of Lords, this mysterious climax of official audacity and judicial delinquency. The difficulty put upon the party accused in this acrimonious charo-c of hisch crime and misdemea- nour, is the same, as pervades all the other charges; that is, the generality, vagueness and uncertainty of the accusation ; leaving thc person accused, as in other instances, to guess at the matter, circumstances and grounds of the charge. The occurrences, upon which this charge seems to have been raised are in themselves simple, strong and pregnant with illustratipu of the corrupt and overbearing system of the Orange ascendancy, especially in Ulster. proem im T 1 /• • 1 r T,um.\ un- Iu the course of passuig the presentments for "irniy i,f tlic couuty pf DoHCgal pn the sgth of August Administration ofE. Hardwicke utider Mr. Pitt. 207 1805, a presentment was tendered tp Mr. J. Fpx, Jf^ and read in Ppen cpurt, having been previ ously passed by the gaud jury for the sum of 19901. 12s. 3d. tP be levied plf that county, in order tp repay gpvernment that sum advanced fcr bpunties in recruiting 350 men, the qupta fpr that cpiinty appprtipncd by the Army pf Reserve Act*, • By the 43 Geo. IH. c. 85. entitled " An Act tp enable his " Majesty mpre clTectually to raise and assemble in Ireland an " additional military force, for the better security and defenc« " of the United Kingdom, and for the vigorous prosecution of " the war,'' it was enacted, that his Majesty's governprs and ' deputy governors of counties and places in Ireland, constituted and appointed by virtue, or acting in the execution of the .several acts of parliament relating to the militia of Ireland, for the coun ties, cities, towns, and places therein after mentioned, should respectively have full power and aulhorilv, and they are thereby authorized, empowered, and required to call together, levy and enrol such persons, and in such manner, as therein after di rected ; and lodo all acts, matters and things necessary for car rying that act into execution, Bj' the second section of the act, the number of private men to be raised in Ireland, by virtue of the act was ten thou sand ; and of these, three hundred and fifty were to be raised by the county of Donegal, by the gpvernors and deputy govurnpr.^ pf that cpunty. , At the time the act received the royal assent. every degree pf vigpur and exertion was deemed necessary tc put the United Kingdnm as speedily as possible in an ade(|ijate state pf defence against foreign and dpincstic enemies. Accord ingly by the sixth sectipn, it was enacted, that a general meet ing of the governprs and deputy governprs, or of three deputy governors atthe least, should be holden in each county in Ireland within ti n days after passing the said act, or as soon after ;i,-; lni^ht be. lu the county of Donegal, the fust general mt-etinsot the governors and deputy governors was holdejii only on the '2Sth nf July ISOy, at which the !\lurquis of Abercorn presided us 208 Tlie Reign of George IIL 1805. which received the rpyal assent on the 1 1th of one of the governors of the cPUnty. By this apt two modp&"pf raising the men were provided at the optioii pf the gpvernors and deputy gpverno.rs, whp were anthorized to levy the men by ballot, in the several subdivisions, which was obviously, and af first view, the most effectual mede pf carrying the act initp exer cutio'n. But in such places, where it might be desirable to' avoid the incpnvenience pf ballptting, withput incurring either delay pr risk in raising the, men, it was enacted by the 38th sectipn, that if at the first 'general meeting pf the governorsf er ¦deputy gpveruprs pf any county in Ireland, to be hplden, in pur suance pf the said act, five of the 'said governors or deputy go vernors, assembled at such general meeting, and formmg the majority thereof should bp of opinipn, that the number pf men required fpr any county could npt be conv.eriiently and expedi- tipusly raised under the fpregoing provisions of the act, and that s'jcb men might be more conveftiently and expeditiously raised, as recruif^s are raised ; and, that in that case they might reduce their opinion to writing, and signifv such opinion in writing, signed with their names to the Lord Lieutenant for hi&appro- bation , and in case the Lord Lieutenant, should approve there of, he was authorized to direct such governors, &c. &c, to proceed to raise and enrol, without delay, b\' beat of drum, or etherwise, a certain number of volunteers, npt exceeding the. number required by th6 act for the said county. In the cpurity^i of Donegal, the latter mode of .raising the men required vvas .Re sorted to ; and accordihgly, at the first general meeting holden on the 20th day of -July, the following resolution was passed by the governors and deputy gpvernprs then present. " Resolved. Txhat it appears to us, that the most expeditious " nit'hod pf raising three hundred and fifiy men, the quota for f this cou-nty, is by general recruiting on bounty, tp be advanced " by government, and repaid by ce,ss on the county at large, at " the next assizes. ' Signed by " ABERCORN. T „ " SAMUEL HAYES. | «o^«''no«- And Deputy Governors, &c. Administration of E. Hardwicke wder Mr. Pitt. 209 July, 1-803. Under the provfsioiis pf t^at act, ^so^-- and the different circumstances, which attended the extcutipn pf it in the cpunty of Dpnegal, it he- .C^nie the duty pf Lord y^b^rcprn tp hold the fir^t meeting within ten days (viz. pn the ?lst pf July), whereas he delayed it tp the 28th ; thus almost dpubling the utmpst period of time allowed by the act, when the Relays, even -of hpurs might be pregnant with disaister. It became moreover iii- cumbent upon his Lordship', as a gpve-rnor pf t,he county, having elected to raise the men l?y re,- cruitiug, and npt by ballpt, to prpcee4 tP r^^ise tlije men, which was the Immediate and pressing ppi;- This resplutipn thus signed was transmitted tp the IiPrJ Lieu tenant, who apprpved thereef; and ordered -and directed, pur- iuant to the act, the governPFS to proceed without delay^ tor raise thp said nurobierpf, volunteers, by this mode, which was so signfied, by the governors, as themoist e^pediMoa^ iQpde <- of Ipvy, by the said resoluiipris signed by them. At th.e ne^t 'general meeting, held on the 4th day of August, I80a, at LifF{>?:(l, Lord Abercorn 'alone presided as governor. Sir Samuel Hayes having, through ill health, been under the neeessily of abs'erlt- iflg bim.self. The Lovd LjettMsijaiit's ipprobatipn tP the nipde of jaisJng the men by recruiting by bounty, was receiveid ; and that mpde was adppte4 fprmaHy, and entered ampngst, t;h^ir pro ceedings by the proper officer, and then the meeting adjpurned. Thenceforth it became incumbent on the governors' and their de puties to proceed withooit delay to raise the men ; which was the .object of all this prepeiKation, agre.ea&le to the letter> as well as to the spirit, of the act. By .s.^ction 39. of the ^t, tjie levy l?y ballot was to be suspended bjr th,e Lord Lieutenant in the tjoun- "ties^ where the governors should have signified under thqir hands, that tWey could raise the men more expeditiously by re- eruiliijjg. This suspensiflla was peocured. yoi. II. p 210 The Rtign of George III. 1805. view, of the act: whereas, frotn tlfe time the Lord Lieutenant had, according to the act, signed his Consent to suspend the ballot^ in opder to facilitat'c ¦'the recruiting, which was the mode adopted for raising the Tjijota of '350 men' by the CoUtity of Donegal, up to the 29th of !AuguSt 1803, not a single man liad' been raised; and yet (incredible) a presentment was -tendered on that day by the grand jury to the judge, fof his fiat, for levying n^ar o£'2000 upon the 6ccupier,s of lands 'in the county of Donegal, under the pxetence of paying the government the money, hot one shilling of which had been advanced for the pur|ioses of the act, Not a single man had then , been recruited, 'ihe law. required, that the, men should be firs,t, .raised, and that the grand, jury .should be furnish ed with lists duly authenticated' by government, of •'the men s'P rai.^ed, and the bounties paid by th6hi out of the public money for that purpose. Had Mr. J. Fox, on that occasion, betrayed his trust, violated his path, andiiinjurecl his sovereign and his , country, by putting his j^«/ to such a fraudiilent i presentment, lie would' haVe' become, (for thefif^ time in his life) a scaiidal and a reproach to a court of justice. The pitiful maUgnity of charg ing the judge; with boasting of the personal mo tive of annbying the state delinquent, is toe con- teniptible'to animadvert upon. 9«nei-ai Sucli w.as the liiass of false, ^rancorous and ma-t ^enoeof ^ignant accusatlon, for which Lord Abercorn and ttjigharges, his crcaturcs were for two years furnished with the countenauce ami purse qf gpverirment, rn order Administration of E. Hardwicke under Mr. Pitt. 211 to support the Orange ascendancy in Ireland over J^°^, the rights, welfare, and justice pf that country. 0 With all Mr, Pitt's partiality for that nobleman, pm-ther he never durst make it a government question : for ^^,y p"^^"" even Lord Auckland opposed this latter niode of j^''j'|,'g"|^jf proceeding. It duglit, . said his Lordship, to have originated in the House of Commons or in an in ferior court. If the}" did any thing in the present mede of carrying on the business, they would pro bably be reduced to the embarrassing circumstance of pronouncing a verdict on a man, whom they miglrt afterwards have to try, in Case of his im peachment by the Commons, or appeahng from the judgment of an inferior court. No rational hope could be entertained, that the charges would be fairly gone through 'itiring the short remainder of that session. The Chancellor supported the proceedings, and recommended to Lord Abercorn to omit all the charges, which could not be brought home to the learned judge in his judicial capacity ; which being done, they were referred to the committee. In the Commons, Sir John New-' port loudly complained of ministers holding back the papers he had long called for relative to the expences of criminal prosecutions in Ireland, which he observed by a oross charge to have exceeded 110,0001. for the last four years : and finding, that by the Pension Act, the secret service money was restricted to 50001. per annum, he moved for an account of that money. There was a general and too well grounded belief; that for spme years bacli encrmpus . sums had been expended under that p 2 212 The Reign of George III. 1805. head. The motion was opposed by Mr. Vansit- «^ tart, and consequently negatived. Actsofi>ar- Qf all the parliamentary manoeuvres of that ses- toSng sion touching Ireland *, the two acts, which were ana jvJge passcd to affect the legal [proceedings against tlie j6hnson. ^^^^ judgcs Fox aud Johnson, demand the most serious obsei vatioh. Lord Abercorn had proceed ed to examine several of hii most material wit nesses before the committee, when finding it im- * Some acts, which did not affect Ireland passed this session, which gave great dissatisfaction to the public. The act, which granted an annuity equal to one-fourth of the duties of the Isle of Man to Ihe Duke of Athol and his heirs general of the 7 th, Earl of Derby, after the rights of that family h-dd been delibe rately purchased and finally settled by government in the 5th ef the King, was considered to be a rank ministerial job : and some very strong protests were entered against it by the Duke pf Npr- folk. Marquis pf Buckingham, Lords Radnor, and Carysfort. Lord Ellenborough called it importunate mendicancy. General disgust and indignation followed the decision of the House of Commons on the 25th pf June 1805, which was the last parlia^ mentary discussion, in which Mr. Pitt took a part. Chagrined and humbled as be was at the vole of the Commons affecting his friend Lord Melville, he artfully proposed to substitute the mode «f proceeding againsit him by impeachment, for that which had Ijjsfore been determined upon, of criminal information by tha Attorney General. Mr.. Fox, Mr. Whilbread, and others of that lide of the House were fpr the latter mpde : cpnfiding more in the /erdict even pf a packed jury, than in the honor of the House of Peers, one-half of whom had either been created or promoted by Mr, Pitt, in tha decision of «uch a question. The minister. prevailed in the Commons on this question by a majority of 23 : the division being 160 for impeachment, and 143 for criminal in formation. When the Speaker gave the casting vote against Lord Melville in the Commons, there were 4-32 members in the House, OR this occasioa only 309. Administration of E. Hardzvicke under Mr. Pitt. practicable tc get thiPugh the whole of the evi dence before the end of the session, he procured the act to pass, which enacted, that the proceed ings should not be discontinued by any proroga tion or dissolution of Parliament. The other act passed te meet the case of Judge Johnson, though he be not mentioned in it, is still more extraor- dinar}'. That learned judge, after having been foiled iu all his proceedings in the law courts, pre sented a petition te the House of Lords (on which he was heard by counsel at their bar) against cer tain clauses of the bill then pending (namely, the 44th pf Gep, III,) which went tP affect his case in the nature of an ex post facto law ; praying, that he might not be prejudiced by a law, which was not in existence at the time of the alleged offence. The legislature however en the lOtli of July (about 10 months before the alleged commission of the offence and four months befpre he was tried fpr it at Westminster) passed an act fcr amending the twP befpre mentipned acts pf the 13th and 44th of Gep. III. by which they admitted perscns ap prehended put pf the jurisdictipn, in which they were charged with having pffended, tp bail in all bailable cases ; cpmpelled witnesses tP answer subpoenas tP appear, and give evidence as well from without as within the jurisdiction of the writ ; and lastly required, that no such warrant should be acted upon, until the seal signet or sig nature of the court, judge, er justice issuing the orio-inal warrant, shoukl have been sworn to. These were three of the main objections te the act of the 2 14 The Reign of George III. ?8'-'- 44th pf Geo. Ill, under which judge Johnson was so severely treated. And as if to prPve beyond cavil the special and exclusive purpose, for which that act of the 44th of Geo. IIL had been con trived," the same legislators had the tardy grace to preserve others from the toils, into which they had driven the only object of their pursuit. They ac- ¦ cordingly closed this act of pstensible reparation, with an exception, that gave full effect to the whole of their o'rigitlal design. They declared, that it should not in any manner affect any prose cution depending before the passing of the act of amendment, or touch the construction of the 44th pf Geo. III. should any question arise or have i^risen thereon. It was notorious, that no other ease, than that of judge Johnson was then pend ing; and tolerably evident, that none other was ever intended to be raised upon that statute. otiK'r Arts Early in the session had the legislature conti nued the suspension of the habeas corpus act till six -weeks after the commencement of the next session of Parliament. An act also was passed to authorize the Lords of the Treasury to pay money to the Under-Secretaries in the abseiKe of the Chief Secretary as secret service money, for the purpose of detecting, preventing, or defeating treasonable or other dangerous conspiracies against the state : the due application of which was re quired to be sworn to by the party receiving. The new Dublin paving bill appointed new commis sioners to examine into the irregularities and abuses pf the paving board, provided for the suspension of thc Setr sion. Administration of E. Hardzvicke' tender Mr. Pitt. 215 of the powers and authorities of the old, corporation, ^^os. and for vesting them in new commissioners dur ing the suspension, and for the better conducting and managing the business of the said corporation. Several acts ef regulation were passed, touching the distilleries and for remedying abuses in the collection and management of the excise du ties and customs : and also for imposing and levying the several inland duties of excise and , taxes lately granted to his Majesty. Lord Sidmouth, who had since the month ofL^d sid- January, been elevated to the dignity of peerage, "ees wi't^h' and had come in as Lord President of the Council, J^i'> P'"- in heu of the Duke of Portland, and had brought in with him his friend Lord Bukinghamshire, as Chancellor of the duchy of Lancaster, assumed aU the consequence and airs of the head of a political party.* He availed himself of the declining symp toms of Mr. Pitt's health, to build a consequence up on his exertions to accelerate the fall of his benefac tor, whom he now affected te treat as a rival. He privately instructed his vidiole corps to vote against Lord Melville. Mr, Pitt never forgave that trea chery and ingratitude. He had, notwithstanding, the assurance to urge Mr. Pitt to appoint the Earl of Buckinghamshire to fill the situation of Lord Melville, from which, in the hard run race in the * They were numerically few, politically insignificant. Mr. Bragge Bathurst, his brother-in-law, Mr. Hiley Addington, his brother, and some few, whom he had favoured whilst minister, of no connections, little note, and less talent, made up his small detachment. S 1 6 The Reign of ^edi-ge. III. J^^ Commons, he actually claimed from the ppposition the immediate merit pf having expelled him. Mr. Pitt found a ready refusal in the incompetency of Lord Buckinghamshire to fill that important station, which he had resei vtd for Lord Barhanl. Lord Sidmouth, in dudgeon, sent in his own and his disappointfed friend's resig-nation. Mr, Pitt, Wgil' knowing the imbecility and vacillation of the resigners, and taught at length the practical value even of a single vpte, declined fcrwarding their resignatipn, and recpmmended reflection upon their hasty resolution. They repented ; and for some weeks held on their situations. Fresh diffe rences broke out; they relapsed; and on the lOth of July once more tendered their resignations j ^hich Mr., Pitt then thought proper to accept, and Lords Camden and Harrowby were apppinted their successprs. Todd jo^s! In the .first week pf the late sessipn, Mr. Fpx had pointed the attention ef the House to the case of Mr. Todd Jones, who was one of the many suf^ fering victims to the suspicion and hatred of go vernment. On the 28th of June," he presented a pethion from Mr, Jones, which was crdered tp he pn the taMe. Mr, Fpx declined gping intp the CaS'e at large ; he had not received strict evidence of the allegations of the petition, thengh he had made many enquiries, the answers to which induc'' edhim to believe them true. He could not fort- bear remarking one strpng feature of the pet^ition- er's innpcence, which, he presumed, wpuld not be attempted tp be questipned ; Ire meant the pffer to Administration of E, Hardwicke under Mr. Pitt. 2 1 7 the petitioner to be allowed to live at large in Eng- .^^^^tj land. That unquestionably proved, that nothing very material against liini could ever come tetrkil. As, however, in that advanced stage of the ses sion, it would he hopeless to in.stitute any enqui ry, he recpmmended it tp ministers, to take hit case intP their serious consideration. In this Mr. Sneridan joined him ; earnestly entreating minis ters to enquire into the facts ; for confident he was, that they would be found truly stated, and would entitle the petitioner to instant I'gdress. Mr. Vansittart said some words to lay in his claim to the utmost liberality ef conduct towards the petitioner. On the 8th of July Mr. Wickham drew the attention ef the heuse te the petittion ef Mr. T. Jones. He was then in too infirm a state ef health to stand up in his place, and he spoke sitting. He deeply regretted, that no communica- ' tion had been made to him to know, whether the petition ought te be brought forward or not.* He * A copy of the petitron is given, to shew how flippantly efiicial men deal in cnntradicbions. The time, manner and du- ratipn pf bis confinement, the unwhole^nme state of the gpal ; the exclu'Sioti of his friends and relatives : the tender pf libera- tipn : his dedlining it and courting trial : and the Ipss of „his health and fortune, are the facts alleged in the petitien : and which, if true, as they all netpriously were, it could neither be honourably nor honestly stated, that tlie case stated in the petition was not true. But Mr, Tpdd Jones had long been a warm and powerful advpcate for Cathplic emancipation and parliamentary reform. It became, therefpre, systematically meritoripus to misrepresent, traduce and oppress him. The petitioner's asser tion of his pwn innpeenee is not the .statement of ,a fact, but issue taken upph the trtith of th^ allegations. Against all which 218 The Reign of George IIL 18(5, scrupled not roundly to assert, that the case set forth upon the petition was not tiue, though he nei- is set up the asserted ground of suspicion, by the absent miwis- fer of a surprized government (Mr. Wickham was not then in Ireland,) resting it's defence and justification upcn the effelje niuniHiery of concealing the spurces of infprmation, when no information had ever, in fact, been given. " Tp the Hon. the Commnns in Parliament assembled, " The humble petition pf William Tpdd Jpnes. " SHBWETH, " That your Petitipner was arrested injjthe cpunty of Cprk, iii his bed, early in the mpining pf the 29th pf July, 1803, by the Rev. William Steward, Lieut, Douglass, and a numerous body of soldiery, upon n warrant, as alleged" of Gen. W. Myers, but which warrant petitioner never saw. That he was detained one night in the military guard-house of Bandon, and ne.xt day, un der a strong escort, was lodged in the South Jail of the city of Cork, upon the warrant of the Mayor of Cork, which warrant ' your petitioner saw : that after a detainer there pf four days, he was conveyeLI tp the Prevest prison pf the same city, and lodged in the close custody of the Prevost Marshal. That petitioner was utterly denied the opportunity of seeing his friends, and that such as sought to see him were repelled with insult and ill treats m(?nt. That his sister marie repeated applications in vain for admission to the prison : and a Mr. Goold, a gentleman pf res pectable character, property and unimpeached loyalty, on hear- ' ing that petitioner was severely indisposed, called lo visit him, ' and wa-s, in consequence of his visit arrested and detained in custody during the period of sixteen days. That some lime af ter the committal of petitioner, he received from the Right lion. William Wickham, then Principal Secretary to his Excel- j loncy the Earl of Hardwicke, Lord Lieutenant pf Ireland, a ten der of liberatien, prpvided he wpuld gp tp England, and remain there at large. That ypur petitipner, cpnscious of the most perfect innocence, and considering, that acquiescence in such 8 proposal would imply guilt, respectfully declined it; at the rarae time rendering to ,Mr, Wickham the most ample satisfaC-> Administration ofE, Hardzcickc under Mr. Pitt. 219 ther denied nor falsified any part of it. He gene- ^^''¦''• rally assumed credit for what had been done by the government he had been connectec| with, be cause one part of it approved of what the other had done. He regretted, that the matter had not been brought forward in an earlier stage of the session, and, in a manner, to force free enquiry. At present he could defend neither government nor himself, witliout bringing that before the public, which it would be but fair to afford the petitioner an opportunit}- of answering. • In the genuine stile of the system, he boldly assured the House, that were he at liberty to reveal the whole tion, that an unreserved examination on path could afford, and intreatinga speedy trial. That your petitioner has remained ever since in close custody, now for twenty months sustaining- all the rigours of a military prevost, and added to them, the un wholesome dampness of a new, undried and unfinished edificej to the material injury of his health. That the creditors of your petitioner, induced by the conclusions they drew pf his dSnger or guilt, frpm sp rigprpus an imprispnment, and his total seclu sion, by order pf the Genei'al, from them and all his friends,' came down upon him at once with their demands, to satisfy which he relinquished to them his moderate income, and has ever since been confined for subsistence to the mere jail allow ance. That your petitioner is now very infirm, and of the age of fifty two years, thus oppressed, untried and unheard. That your petitioner humbly prays this Hon. House would be pleased to take his case into its consideration, and grant him such re dress for the freavy calamity he has sustained in the loss of li» berty and time, of health, reputation and pecuniary credit, as to its judgment and benevolence may seem meet. " And your petitioner will ever pray." ttQ The Reign of George III. 1805. mystery, they would be prodigal of their thanks and eulogies for what he had done.* * This confident boast of clandestine merit and assumption of consequence, authority and indemnity upon incommunicable knowledge came with a bad grace from the minister of a gp vernment which had owned itself surprized. That it'was, hnwever, but a revival, or rather ccntinuation of the spirit pf the terrorists, we have lately had a mpst authentic and interesting dccument from the mouth of an eminent and respectable barrister, Mr. O'Got- man. That gentleman, on the 5th of January, 1811, attended a numerous meeting of his Catholic countrymen in Dublin, con vened for the purpose of devising the most suitable means of bringing their petition before Parliament. He there found it necessary, to notice, and he most powerfully exposed the impu dence and malice, with which some of the venal Dublin Jpurnak had misrepresented the proceedings'and cnnduct of the Catholic Committee, the publicity of which sufficed to convince the na tion, that they had done nothing, which was not strictly legal and constitutional. He then pointedly referred to passages in those calumnious prints, which had personal allusipn to himself, and which 'brpught from him this manly and impressive declara- tipn, which made part pf his elpquent and patriptic speech on that day. " I am well aware pf the vile pbject and tendency pf these paragraphs. They were calculated to wpuiid and irritate, by re newing the remembrance, which, if possible, ought t(j be effaced frpm the mempry pf every Ipver pf his country, by reviving the sad recollectipn nf th'e tragic scenes of 1798 and- 1799, when a frightful civil war deselated Ireland, and drank the blood of her bravest and best spns. When Irishmen, by a treacherous and base policy, were armed against Irishmen in murderous conflict, when, in fine, as the consummation of her woes and calamities, the deemon (f discard laid unhappy Ireland at tlie feet of England. " Yes, Sir, I and my family have reaspn tP recpllect that la mentable season. The allusion is too pointed for me to mistake it ; but I never entertained a principle, that then or now I was or am either ashamed or afraid to avow. My principles were then, and are now, those of the revolution of 1688 ; which are, ^ ^Administration of E. Hardwick& under Mr. Pitt. - 22 i Mr. Pitt sorely lamented the necessity of pre- ^^^'^.^ tracting the session to so late a period. His health Abrupt pro. rogation of pai'ii&meitt. alas-!- now grown old fashioned, and considered by the advocates of ihe present frightful system, little shert of treasonable. " I never held a principle hostile lo the great public land marks lard down in 16SS. B-t those principles and land* marks have been since almost entirely removed or oblite rated by the baneful measures, and by the odious and destruc tive sy.-'ten) of the crafty, designing, cold blopded Pilt. True it is, that in the years 1798 and 1799, I was persecuted with a most feipcious and persevering malignity : that without the slight est charge or accusation of any kind, either verbal or written, I, with my two brothers, was arrested and cast into prison ; and that in the most inclement season of the j-ear, and in a very infirm state of health, under the malicious and lying pretext of render ing my person more secure, I was dragged from prison to pri son, and from dungeon to dungeon. True it is, that my perse cutors, and the persecutors of my cPuntry, Ipaded my body with chains ; but though they enslaved my body, they could not fetter my miftd. That was beyond their reach. Notwith- glaiid,ing the efTorts of my persecutors, I convinced them, that oppression was incapable of taming me into an abject silence. From the depths of my prison, I raised my voice and demand- «d justice, r demanded, I entreated to be confronted with my accusers ; I repeatedly called for trial by cPurt martial pr Pther wise; I claimed no other favour. But I was uniformly denied the opportunity of establishing my innocence and the guilt pf my persecutors, pn the grpund that there was no charge against me. This was the constant answer I received tp the numerpu* memorials aqd petitiens I- caused Ip be presented to the different CPurts martial, that, during my imprispnment, sat on the trial cf my devpted cpunlrymen, I was twice discharged by the common law pf the land, and as pften, by thfe vindictive spirit of my persecutors remanded back tp my prispn. Fpr days. Weeks and mpnths have I wasted the prime pf my life in loatb- lome prispns ; for days, weeks and mpnths have I pined in the dungeon's glnom and splitude. At length my pppressprs Weary of persecution, and well knowing, that I was precluded 222 The Reign of George IIL 1805. yx'di^ visibly declining, and the keen agitation oF his mind, from the overwhelming circumstance of the possibility of legal redress, from the atrocious acts of in- demnity,.that then passed, turned me out of the prison, in/which I bad so long been incarcerated, on a wide and unfeet/ng world, with a shattei-ed constitution and impaii-eii foftune. From that hour to this I remain ignorant of the nature of those sufferings, or ihe real cause of them. The contemptible undei-- lings, who wfre the immediate agents of my arre.st, I do no' mean to impute any thing tP. They, no doubt, gratified their inherent malignity, by, executing the orders of their tyrannical superiors. '< True It is, that I was then, and am now, and, during my existence ever shall be, the decided enemy of-the whippers, the floggers, the torturers,, the burners, the hou^e- breakers, the ti-aditig and bribed magistrates, the peculators and the robbers, and every description of tyrants, that then infested our devoted country. I was an enemy to the murders cpmmitteil on his Majesty's subjects against all forms of law, and under^the pre text of law... I was and am an implacable enemy to the cruel, perfidious and abominable Pitt system. One of these hireling prints has spoken cf Lord Clare, and what he would do were he alive^ ; It is npt my intention, nor is it my wfsh to speak harshly or disrespectfully of this unfortunate deceased nobleman. But if he, (as is insinuated) were the cause, of my persecution, he has that political sin to add to his other almost inexpiable crimes against the country; that had the mij^fortune to give him birlh. I forgive him, or whoever has been the author of my misfor tunes. But I ought to be left at peace Those heart-rend ing scenes ought, if possible,. to be for ever obliterated from the mind of all good Irishmen. The atrocious indemnity act, ¦ which passed at that calamitous period, put it out of my power, /either to seek or have redress from the immediate authors of my persecutions. It was part pf the abominable system then acted on, not pnly to viplale and trample pn the laws, in the op pressipn and rpbbery ef his Majesty's subjects, but tp indemnify the infaronus tribe pf robbers, terlurers and plunderers pf every description. In proportion as those ruffians trampled on the Administration ofE. Hardwicke under Mr. Pitt. £23 Lord IMelville's disgrace, the defection of some of ,'®"5. his old adherents, the ungrateful and arrogant de sertion of Lord Sidmouth and his roving parti zans, the uncertainty or failure of all his conti nental projects, tended powerfully to encrease his disorder (a weakness of stomach.) " Unbroken to the curb, he stifled his indignation, encreased dis ease, and became sullenly froward. Although the conclusion of the session could not be distant, 3 et the members in general conceived itniight conti nue till towards the end of the liioi th. On the l2th of July, whpst Mr. Kinnaiid was opposing "the fraudulent manner, in which the memorial of the navy board had been brought forward, and ¦Mr. Sheridan was rising to present a petition from Captain Weodj which he might not have another opportunity pf presenting during the session, three knocks were "iven at the door of the House- O I of Commpns, and the members were abruptly ¦and unexpectedly summoned to the House ¦ of Lords, where the Parliament was prorogued, by commission, to the 22d pf August.* The speech laws of the country, they were cherished, and caressed and protected by the authors and fomenters of that accursed system. What an execrable system of legislation ! I rejoice at having had thisoppprtunity of assijrting my principles and of vindicating ray ehal-acter against these base, malignant prints. I should be univprthy of sitting as a member of this honpurable body, aud Undeserving of the good opinion, with which I am honoured by my Colleagues' of this Committee, had 1 permitted such foul obloquy and slander to pass by unanswered and unrefuted." • This abrupt close of the session may have thwarted the .Views of Mr, J. Giffard, who went over to Loudon in July, 824 The Reign of George IIL 1S05. ^as delivered by the Chancellor ; it drily cxpresi' sed his Majesty's thanks tP bpth IIpMses, fpr the prpofs they had given of their constant regard fcr the honour of the Crown and the interest of his dominions : and particularly alluded to the aug- mentatipn pf the disppseable military force pf the kingdom. It gratefully acknowedged the zeal and liberality, with which the Commons had granted the large supplies, which the necessity of the pub lic service had requireil. It was impossible to communicate the results of the negociations then pending with the poAvers pf the ccntinent; but they might 'rest secure, that pn the part pf his Ma jesty no step would be omitted to pi'pmpte ge neral tranquillity, and tP repel with vigpur the en- crcachments of the French gpvernment uppn the general liberties and independence ef Eurppe, Defection It canuot be toe strono-ly impressed upon thc ofMr.Pitt's ... , , ,. , , , ,. ftieiid*. public, that the tundamental aud pervading prin ciples ef Lord Hardwick's mission, first under Mr. Addington, and tlien under Mr. Pitt, were ta- oppose generally, but efficiently, the two leading and vital points for Ireland, Catholic emancipa tion and Parliamentary reform. Proportionate latitude of discretion and power was allowed him in other matters, prpvided he cculd persuade or restrain the people 'from bringing fprward either pf tliPse two important questipns. I..ord Hard- with his friend, Mr, Aldevmivn James from Dublin, to present a petitipn tp th& Imperial parliament for redress, on ths ground •f his having been dismissed from office, merely iur having op posed the Catholic claims. Administration qf E. Hardwicke under Mr. Pitt. 225 vvicke, who had fpund by fpur year's experience, ^^°^' that with the abatement pf the ferpcity of the ter- torists, the unaccountable immolatipn pf pne Prptestant victim (J. Giffard) and the pstentatjpn of favpur and kindness tp some pf the Cathplic bcdy, he reconciled thern to his government, and disposed many to hpld back their, claims and washes uppu the twp ruling and pipscribed ppints, .affected tp assume perspnal cpnsequence upcn some matters of state, and dared to differ from Mr. l^itt. Whether the alteratien ef that minister's .temper or ccnduct were ascribable tp cpippral ail- riients or political disappointments, may be uncer tain ; yet at no time of his life had he so disagreed with the perspns acting under him. His fprmer dictatprial pPwer seemed tP have left him. Not Piily had Lord Sidmouth and his partizans twice clesertt|d him, but his old trusty topi in the coer cion and monopoly of power in Ireland, Mr. Fos ter, had risen against him, and Lerd Hardwicke had found his mandates to the Irish government out of the range of the two pledged cases, so un warrantable and overbearing, that his Excellency had resolved to tender. his resignation. In forcing the Unipn upon Ireland, Mr. Pitt hsjd further views than to weaken and degrade the country. Aware of the danger pf ccntinuing the political power of the country in the hands of native mo- nppolizer.s, whp might treacherously rise upon him, as Mr. Fester had in Jhe matter of Unipn, his pbject, thenceforth, was tp secure,- under the VOL. XI. . Q discountenanced. 226 The Reign of George IIL * ,^^°^ master key pf the British minister, that fund of power, the direction and contraul of which he had, for so many^years, unfortunately let out to the triumvirate, Clare, Beresford aud Foster. Mr. Foster ^^ "''^" kucw better than Mr. Pitt the sagacity and fleetness pf Mr. Fpster, in putting up and run ning down his game. The minister had not for gotten his former services, and anxiously wished to restore him to his pack. The mock repentance of mOck patriotism was instinctively and instantly confessed and forgotten. But the apostate, in , being re-admitted to the grace and favour of the premier, vainly imagined himself reinstated in that quality of arbitrary rule, which under the old firm, he had so long and so successfully exercised. That neither iinswered tlie ends pf the British*minister, npr pf his Irish Lieutenant. i\Ir. Fpster presume ing, that by his ajjppintment tp the Chancellqi- ship pf the Irish Exchequer, he had acquired the Imhmited controul of the financial concerns of the whole country, displeased Mr. Pitt, and offended Lerd Hardwicke. To such a height had the dif ference between Mr. Pitt and_]\Ii". Fester arisen, fibout a fortnight before the prorogation ef Par liament, that on the 2d pf July, Mr. Fpster tPok his seat pu the ppppsite side of the Hpusg. So penetrated, however, was the public with the just of place mi One hand, and the want ef drudgery of all-zvork pn the Pther, that they refused credit to the symptPm, fori^oerly deemed unequivocal, of a minister's resignation. At no time of Mr. Pitt's administrat-ien was the cabinet sc divided as Administration of E. Hardwicke under Mr. Pitt. 227 at present. This contentious discord arose, not l^os. out of aiij' broad difference upon pohtical princi- '^"'^ pies or opinions, but from rival voracity for pa tronage and place. Mr. Foster had outstretched his own views by so framing some of the financial bills, as to secure to himself a large share of that patroilage, which would naturally have fallen into the hands of the Chief Governor and the First Lord Commissioner of the revenue. As neither Lord Hardwicke- nor Lord Donoughmore had ever concurred in all the politics of Mr. Foster, they quickly resented this attempt to lessen their patronage, and considering the measure sanction ed by Mr. Pitt, into whose confidence Mr. Foster had worked himself, wjth a view te regain his old dominion over Ireland, their displeasure and oppo sition to both manifestly appeared. Mr. Pitt, however displeased, was at that moment too close ly pressed with desertions and difficulties, to dare openly to resent the insiUt. The bills were gotten rid of in the Commons, by motions to take them into consideration at distant days. This afforded Mr. Foster the immediate pretext for resignation. Mr. Pitt toe higlil}' valued his experience in wield ing the political power of Ireland to accept of it. ,Mr. Foster's feelings and principles had ever an innate aptitude to square with his interests. He had 'loing lost the popularity, which his forced pa triotism, in oppPsing the Union had for a short season prpcured him. His countrymen beheld him onde hjore to-operating with Mr. Pitt and Lord fluence. 228 The Reign of George IIL 1S05. Castlereagh, apd considered him, of course, re animated with all the fierceness, of his forniei; pre scriptive and, oppressive disposition to the ceuntiy. 1'hey rejoiced consequently in the loss of the bills^- by which he had sought to alter without iniprov- i^jg the public boards, te cpntract the functions cf the executive, and depress a justly favpured cha racter, (the Earl of Dpnoughmore,) of his official patronage. i. , Further tie- Other causcs coHcurred to render the situationi dine of Mr, „ , . , . , ^ Pitt's in- OI the viceroy at that time so unpleasant, as tp have induced him repeatedly to solicit his pwn recall Persons notoriously devoted te the nod of Mr. Pitt were named as likely and prpper to suc ceed him. Mr, Pitt's inordinate pride had never befpre experienced any thing like resistance fiom any of his servants, and such he considered every member in every department pf his administration. Lord Hardwicke had, throughout his whole go vernment, .been punctiliously observant of his original pledge, when he accepted ef his mission frpm'Mr. ^dtlingtpn, and continued it under Mr. Pitt, to keep back, smother and i:e,sist the two pb noxious que^tipus of CatJwlic emancipatian ^ and Parliameiitary : reform, by tlie nipst sppthing means in his pPwer. . Qwt of the pperatipn pf that pledge, he was left by the, British .cabinet, and had generallyi found him.self practically uncon trouled in his administration of the executive in Ireland,,, He became cpuseqiiently the nipre sen-^ sibkof Mr. Pitt's attempt to qairpw his discretion and powers. Reflection awakened him into a new Administrati&n' ofE. Hardwicke under Mr. Pitt. 229 sense of his dignity and indepeftdehce. He re- '^os. pented his^ -folly in having himself given unct5n- trouled discretion and powers to the subalterns of the Irish gbvisf nment ; whp, he had npt the saga city to perceive, were mere the agents of thc Bri tish Cabinet, than servants of the Irish Viceroy. Mr. Pitt had new persbnally offended by encroach ing en the Vice regal patronage : and Lord Hard wicke was determined, that his resentment sheuhl be also personal. His Lordship was judicious in taking issue with the British minister, upon a point favourable to Ireland. Though he foresaw, that victoiy would be followed by retreat, he was re solved, that it should not even be atteinpted, with out previously i^ossessing himself of an unassail able position. He secured to his own family the office of Clerk of the Pleas' of the Court of Ex chequer in Ir6lattd, by putting the great seal to the grant of it after the death of the Earl of Buck- ing-hamshire, for the lives of himself and his tw6 sons and the survivpr. The place is a sinecute, generally estimated a £\ii,QCiO per annum, and is considered te be the best appointment in tlie gift of the Irish government The grand struggle for power between the Pre- ^^J^'^^;": mier and the Viceroy was a remote consequence of wickc and the Union.; carrying upon the face or it the cha- uarnngton. racte'ristic features of that state juggle. ' So essen tial for his system did Mr. Pitt find the services of his 1/ish friends up to the Union, that the ineffec tual opposition given to it by spme few pf them he readily fprgave, . and anxiously courted them to fall 230 Tlie Reign qf George III w ^8°5- back into their old ranks, and rally once more round the principles, upon which he had brought Ireland into its present slate of debility and de gradation, Mr. (new Sir Jonah) BarringtPn, Judge of the Admiralty Court in Ireland, had been rais ed to that situation for his long aud faithful ser vices to the Irish government with an annual sa lary of j£?800. The judicial duties of the situa tion were so light, as not to break in upen the functions of a practising barrister. He became moreover one of the most active and powerfufep- posers. of the Union by his pen and tongue, both in and out of Parliament. The principles and manner of carrying that fatal measure appeared to have operated an entire cbang-e in his political sentiments and conduct ; and he early took the resolution, in concurrence with Mr. Charles 6all, the barrister, who had also taken a determined part against it, te transmit to posterity a faithful record of the whole infamy of that transacticn. Before the Anti-union fervor had abated, they col lected all the documents, wlfich would disclose to posterity the means, by which the measure had been forced through Parliament against the avowed sense and feeling ef the Irish nation. The history was finished and put tp press in Lpndpn, in July 1803. Sir Jpnah Barrington went over to super intend and manage the work. He had several^ interviews with Lord Pelham, then Secretary ef State : and no more was heard ef the history pf the Unipn during the AddingtPn administration. Great preparatipns had been made tp give effect tP Administration ofE. Hardzvicke under Mr. Pitt. 231 the work, which the author habitually pronounced ,J^°\ the death- warrant of the hopes of Ireland. Draw ings and engravings of the principal performers in that eventful tragedy were procured from the first artists, and every aid of .type and paper were to be used, to add lustre and consequence to the in teresting substance of the contents. It was more generally known, that the work had been put to press, I than why no progress had fer a time been ma^e in it. Upon the first intentions of publish ing this work, it was mere a matter ef boast and recommendation than secrecy, that Mr. Jester had furnished the aujthors with many "in teres ting anec dotes, and proofs of particular sums of money paid to persons for borough interests and accommoda tion, douceurs for resignations, or occasional ab- scHces from the Heuse of Commons, for plirti- cular speeches in Parliament, for a variety of posi tive and negative services purchased by the mana gers of the Union : and amongst other valuable documents, was a copy of a long and curious cor respondence between Mr. Pitt and Lord Castle reagh, relative to the expedients And means of forcing the Unipn. Fpr impressing mere deeply uppn ^le public the authenticity pf the dpcuments, the autliPis had gpne tp the expence pf engraving ftic-similes of several pf the mpst impprtant letters, .^ and drafts for Union .nervice monies, which were generally given upon^Beresford's bank. Some time after Mr. Pitt's return to office, Sir J. Barrington revisited London, and resumed his intentions and shew ef publication. Mr. Fester, whp had again 232 The Reign of George III. laos.' thrown himself into the arms of Mr.' Pitt ;and Lprd Castlereagh, after having completely expiat ed the solitary crime of having ence fought (tliongh- unsuccessfully) for Ireland, apprized them of the variety of authentic documents, with which that histpry might be suppprted. Their alarm and agitation dipve them to their old praoi^css :' and to prewnt detection, they undertook to purchas« suppression; Avith attention, lipwever, to th© other contracting party, in the most honourable ma^r, that they could devise. A negociation was accord ingly set on foot, through' Mr. H. Alexander, a former political friend ef all parties, and a man of tried fidelity in the school of Pitt, It Avas soon .settled by these negociators, that £^Q0 per an num was a very insufficient charge for a Judge of the Admiralty in Ireland ; that, in order to give full dignity and effect to the situation, the salary should be raised to £^5QQ, which would place the Judgeof the Admiralty on a footing with thepuiSM Judges of tlic Common Law courts, and enable him to discontinue the .practice of his profession. The terms were settled in London between the mi nister and the historian, without any communication with the Lord Lieutenant ; he was, however, not ignorant of them. The moment he was officially apprized of the pbject of the minister, he took strong objection to the measure ; alledging, that the place,-* for which they were about to make so splendid an allowance, was ncarl}' a sinecure, and that he could never consent to encrease the bur-i thcns of an oppressed people by extravagant Administration qf E. Hardzvicke under M>'- Pitt. !^33 and unmerited public charges. His Excellency '^°^- also observed, that he euglj^t to have been consult ed in the first instance, before any proposal had been made ; and much, more so, before any en" gageinent had been entered into. Thisnnexpect- ed. firmness in an Irish Lord Lieutenant astpnished ^nd confounded Mr,. Pitt Within very few, days something little short of an absolute commandj went to Mr, Long, the new Secretary, that the Lor^. Lieutenant shculd ,sign the warrant for the encrease pf Mr. Barrington's salary; which Lord Hardwicke peremptorily refused. Ireland is trebly indebted to Lord Hardwicke for this first, though late resistance to the mandate of the British minis ter. It was an assertion pf the dignity and rights pf the King's Vicegerent : it eased the country of a perpetuity of ,£l700.per annum .« and prevented the suppression of an able and interesting vvprlc, ef which two numbers of a most splepdid edition' have k'mdle.'l a desire in the public to be, gratified with the remainder. ,:¦¦ On the very day before the Parliament was pro-,^ o/^p- of rogued, a trial came on in the Court of King's it""!"- Bench, Westm'mster, Troy v. Symonds, which, in as much as it wasnational matter, oughtnot to pass un noticed, :It had 'been intended and expected to be tried'long before it was actually brought on. The most rev. Dr. Troy, the Catholic or (as he is com monly styled) titular Archbishop of Dublin, was the plaintiff, and, Mr, Symonds, a bookseller in Pater Nostcr Row, London, the publisher of the Anti Jacobin review, the. defendant. The action was 234 The Reign of George LLL 1505. ijroHght (and Lord Ellenborough obgprved in his chargi to the jury, very properly^ in England, •by the plaintiff to recover daimages' for an injury, " which he complained he, had sustained from a publication in the Anti Jacobin review, which tra- 244 The Reign of George III. 1805. of that distinguished nobleman were high spirited and principled. Up to the very hour of Mr. Pitt's lous endeavours to promote the welfare of Ireland. The influ ence inseparable from the large possessions, rank, and well earned popularity of the late Marquis, was considered too pow erful. Lord Cornwallis disgraced himself by the petulant boast that he would huihhle the Leviathan of the North (as he termed the Marquis), and this for no other reason, than because his no- ble mind could not fail to revolt with indignation against every attempt made to fetter it. All temptation offered as the price of his own and his country's independance he rebuked. He de spised the succeeding threats holden out to intimidate him, and boldly, tlipugh cpnstitutipnally, exerted himself in opposing what his judgment and conscience told him, was calculated to in- slave and degrade his liative land. The cpnsequence of this pa triotic integrity is welt known. No sooner had he been violently dismissed, unheard, from all that he held under the authority of the Crown, than his fine regiment was divided into two Jtiattali- oiis, and the command of them conferred upon persons of more pliable dispositions, his political enemies. The place of Regis ter, which had come to him through the former Marquis, from his friend Sir William Cooper, and was the only situation of pro fit that his family, with all its power and opportunity to obtain what self-interest would have dictated, had suffered itself to pos sess, was also instantly bestowed (to his honour, unasked,) upon * Lord Avonmore ; and well may the inheritor of his noble father's fortunes and virtues rejoice, that neither personal aggrandizement nor sordid interest-'ever stained the honour of his ancestors. He may farther exult, that by the truly barbarous, revengeful, and contemptible conduct, which his father's fidelity to his country drew upon him, he is freed ft-oin the painful feeling, which the deriving of any emolument, however small (-as that arising from this office was) at the expence of the people, could not in him fail to inspire. But the rancorous malevolence of the thief pro moters of the Union did not stop here, for it displaced, also un heard, those who owed their situations not less tP their services, at tachment and merits, iiSan tP the friendship and influence of the Dpwnshire family; and in order to compleat the disgusting pic- Administration qfE. Hardwicke under Mr. Pitt. 245 manifesting his unequivocal intent te force that '805. baleful measure, he had uniformly given (perhaps improvident) credit to his Majesty's ministers fer sincerely wishing to promote the welfare of his country. The unsuspecting generosity of a noble mind extorted from him a support, which the slightest mistrust would in its consequence have prevented. Rouzed at length by the drawn dag gers of the assassins he flew to the pass. Traitprs and accpmplices were tpp numerpus. He was un able tp ward pff the blpw. He survived not long the deadly stab. His country's wound was his. And he employed the short remnant ef existence in charging his sympathetic consort to infuse into the pliancy, of his infant progeny a rooted execra tion ef the corrupt perfidy of the murderers of his country, and rear them up in the principles of cpn- stitutipnal, liberal and wise pplicy*. ture, (of which this is but a faint outline of the indignity this pa triotic family sustained) np sppner was the late Marquis departed, than the pffice of Lord Lieutenant and Custos of thc county of Down, so ably and honorably filled by him and his ancestors for many generations was bestowed — upon whom ? upon the Earl of Londonderry ! the father of Lord Castlereagh, the patricide of his country's independance. Lord Castlereagh vainly fancied, that every feather plucked from the Downshire interest would enrich the still shooting plumage of the Stewart's (or rather M'Gregors,) * This patriotic legacy was sacredly administered. And Ire land has the happiness of seeing the honors of the Downshire fa mily vested in a youth, who seems consciously proud of holding ¦ rank and fortune for his country's welfare. The delicate and important charge of implanting the true principles of loyalty and patriotism in the mkid of a young nobleman of such national 246 The Reign of George IIL i3r5. i»jo sponer^ was it knPwn tP the public, that Colonel Lprd Castlereagh was abput vacating his .seat, Meade pro- " ^ p03<5tO Stand for consequence, could not have been more fortunately delegated. Duwn. The Marchioness his mother was supereminently qualified and sympaiheticallv zealous to perform, tKe injunctions of her mar tyred Lord. She was the niece and heiress of the late Lord Sandys : and to the princely fortune, of her husband, the se cond Marquis of Downshire, she added the ample possessions of her uncle, as well as the concentrated patrimonies of several other noble and illustrious families. E^ond the possession of fortune and personal attractions, she brought into the Downshire family every quality and attainnient, that can adorn and elevate the female mind. The names of her eldest son denote the sources of his maternal as well as his paternal inheritances, Ar thur Blundell Sandys Trumbull Hill Marquis of Downshire. Ireland is largely indebted to her for numerous services, national and particular : above all for the successful culture of the minds of the noble issue, with which her short enjoyment of the mar riage state was blest. In Ihc'r early bloom of virtue does their country hold au earnest of their sterling and inflexible patriotism. In the ddH- nies of Ireland it is of no trivial import, that her transcendent ex cellencies have been justly appreciated by the illustrious person age most interested in the welfare and prosperity of that coun try. The Prince of Wales' repeated visits to Omberly Courts her Ladysh'p's residence in the country, speak without comment the estimation, in which she was holden by her Bpyal guest. As Ireland has begun to be cheered into animation by the glow of that political virtue, which Lady Downshire with such judgment and perseverance infused into her rising generation, what ex pectant extacies will attend the contemplation of her patriotism, sanctioned by the congenial conduct of the exalted personage, to whom this country looks up with confidence for every blessing. At a Gala dinner or» his Royal Highness' birlh day in August 1810, after the health of the Princess Charlotte of Wales had been proposed, the Prince addressed his company in a short, elo quent, and impressive speech, which was more of a national than Administration ofE. Hardwicke under Mr. Pitt. 247 than those, who had the honor and interest of the i805. county of -Down most at heart, sought for seme '""'''^ steadfast and experienced enemy to the corrupt principles of Lord Castlereagh, who would come forward to oppose him. The Marchioness had certainly anticipated this anxiety. Lord Castle reagh had presumptuously solicited her interest. But his appHcation is said to have met \dth a most spirited** rebuke. At length the Hon. Colonel Me^ a son of the late Eari of Clanwilliam, a young gentleman of high military ardor, though of slight political experience, was encouraged to an nounce his intention of offering himself a candi date for the representation of that count}'. On that occasion the Marchioness ef Downshire pub- lislied a short address* to tlie freeholders of the convivial purport. His Royal Highness said, that he had made it his first care to instil into the mind and heart of his daughter the knowledge and love of the true principles of the British' con- ititution : and he had pointed out to her young miderstanding as a model for study the political conduct of his most revet-ed and lamented friend Mr. Fox, who had asserted and maintained with such transcendent force the just principles, upon which the go- Ternment under this excellent constitution ought to be adminis tered, for t|ie true and solid dignity of the Crown, and ihe real freedon^and happiness of the people. Hanover Square, ^aly 16, 1805. • The Hon. Colonel Meade having oflered himself as a can didate for the county of Down, the prosperity of which we may be supposed to have much at heart, I beg leave for myself and deaiivson the Marquis of Downshire, lo solicit your votes and in terests in his favor. And I am fully persuaded, that should he be«lected, his best endeavours will be . used in promoting the 1 is The Reign of George III. '5'^^ county of Down. She went over with her two in fant sons to stimulate and witness in person the tri'- umph over corruption in the defeat ef Lord Castle reagh, which was principally owing tohei' indefati gable exertions. fipi-ea*?!?' Although Lord Castlereagh had not apprehend- )M,v.ii,iy ed any serious opposition, it was afterwards disco- his friends veicd, that he had for some time before his intea- and uiti- .,,.,. . , iiiateiy tiou OT vacatiiig his seat was known, pnvat&ly can vassed, through his brother, the chief supporters of his interest in that county. They consisted of six or seven noble and other families of congenral prin ciples with his own, most of the Orangemen and terrorists, and the dependants and connections of thpse clergymen and ethers, whpse sens he had prpvided for at home or in Indiaj or who relied upon his promises for appointments or promotions. His family interest in the county was comparative ly very trifling. His own was merely personal, having no estate in it. He converted therefore the wjiole government patronage, as far as he cpuld, to his election purposes. So powerful how ever had been the late change of pplitical feeling in the cPunty of Down, that even the treasury purse, influence and patronage could nef on this occasion overcome the general execration of the principles of Mr. Pitt, and the servile perfidy of true interests of Ireland in general, and those of our county in particular, # I am, your faithful and obedient humble servant, * ' H. DOWNSHIRE SANDYS, Administration of E. Hardwicke under Mr Pitt. 249 his tool Lord Castlereagh, After a most deter- ^^35. mined contest and 13 days poll, Colonel Meade was returned by a majority of 450 ; which would have been ,censiderably encreased, had not Lord Castlereagh withdrawn from the contest, after havinsi' exhausted all his resources. Not having apprehended so powerful aii opposition, he had not intended to have gone over. In fact he only arrived en the 4th day ef the poll. After he had (lediied the poll, he immediately set off on his re turn te London, execrated, humbled and disap pointed. He was readily accommodated on his ar rival with an English borough out of that ample store pf venal seats in the Commons, which the minister holds at command, to answer the trade of Parliament, and which are therefore called Go vernment Boroughs. This triumph ever pplitical pipfligacy in the cPunty pf Down was hailed by the nation at large, as the.first atchievement of tlie young Marquis, by whose future labours they joy fully contemplated the strangling of the monster of duplicity and corruption*. * The cheering confidence transfusi-d through ihe county of Down by the successful stand on the young Marquis' interest against the expiring influence of the Castlereagh parly, has beeti recently encouraged by the election pf a treasurer for the cpunty of Down in J-anuary 1811 ; when his Lordship's friend the Rev. Mr. Hamilton was elected by 5 1 votes againsl 36. Such a supe - riority of the magistrates of that respectable and flourishing county, backed by the sini;le interest of the Marquis of Down shire against the Concentration of all the Castlereagh and miiii';- terial forces of the North, inai-ks the progress of political viitue towards that ascendancy, under which alone Ireland can become free, happy, and prosperous. 250 7'he Reign of George IIL 1305. ^^ [he various combinatipns pf Mr." Pitt's sys- Decline of tcm drcw tP their natural results, the effects pf dis- , hfaitii, Reappointment and failure shewed themselves not less visible uppn the mind, than upon the bpdy pf that ambitious minister. His temper was soured, and his disorder encreased. Even his panegyrist Mr. Giffard* says, that many ef his friends about this time fell 'off; influenced by the declining state cf his health : and had Mr. Pitt's administratipn ccn- tinued, it appeared certain, that sericus differences would have soon occurred in the Cabinet, which would have left him in the minority. After the re cess, he kept as much as possible from public bu siness. ¦ He sent over Mr. Long the new Irish Se cretary, to endeavour to settle the differences be tween Lord Hardwicke and Mr. Fester concerning the patronage, of the revenue and other matters: but not with the desired effect. Lord, Hardwicke rose .in tone and consequence, in proportion as i\lr, Pitt declined in health and influence. His Lordship had solicited his recall, and appeared anxious td' close his viceregal career with more in dependance, than he had exhibited at any period of his administration. The indecision and waver ing of Mr. Pitt was the enly reason, why his suic^ cessor was not appointed. Lord Hardwicke made a tour into the province of Connaught, and from his answers to the different addresses pre.«!ented to him in the course of his progress, appeared tC be most sensibly affected with the expressions ef ap- * He has written- his life in 6 volumes 8vo, » Admitiistration of E. Hardwicke under Mr. Pitt. 25 1 probation of his mild, conciliatory and just ma- ^^<'^- nagement ofhis Majesty's Government, which were contrived to be inserted in all the addresses from the corporations and other pubhc bodies. As in the first year ef his administration -he court ed the Protestant ascendancy by rewarding Sir Richard Musgrave's zeal and hardihood in tra^ ducing his Cathohe countrymen, by appointing him to the collection of the Dublin City Excise, so in the last year of it he sought to sooth the oppo site party by peace offerings, displacing Mr. Gif fard the loudest Protestant declaimer against Ca tholic Emancipation, and putting the nephew of the Catholic Primate of Dujjlin into the collection of the Customs of Baltimore. Nothing further worthy of notice happened during the remaindtf of Lord Hardwicke's 'administration in Ireland. The Earl of Harrington succeeded Lord Cathcart as commander in chief: and the Right Hen. Stan- dish O'Grady was appointed LordChief Baron of the Exchequer in lieu of the late Lord Avonmore, Some other less important movements were made in the law department So certain was the appointment of Lord Hard- Addr<>s«to- wicke's successor considered, that the time of the „,"),e on' " EarUof Powis' departure for Ireland to take pos- J'_^^^^;p"'^ session ef his new government was spoken qf in the government prints, as fi.\ed for the middle of January. On the 20th of December a post as sembly was holden in Dublin for the purppse of voting an address to the Lord Lieutenant, upon his -resignation of the Government of thc country. gjii The Reign of George III. TSM. The aildress was moved by Mr. Shaw, pne of the city members : the gentleman who had vPted against the Cathblic question by the instruction of Ms constituents, as, he so specially informed the House of Commons on that memorable occasion. The address was carried without a division : and it was voted, that it should be; presented to his Ex cellency in the most respectful and distir^guished: manner. On the Sd of January the corporation of the city of Dublin waited upon the Lord Lieute- tiant at the ^astle with the address, lamenting tliat he was shortly to take leave of the country, and expressing their warmest approbation of his management of the government. The Lord Mayor Sieaded the procession, which consisted of eight aldermen and about one-fourth of the commons.. This thin attendance on the presentation of the ad dress was occasioned, by the late division of , the torporation into two parties upon the act passed last session respecting the Dublin paving bilk Tlie present policemen, and the policemen that were to l>e, formed tli^ ground of difference. The prevail ing numbers were for the'siew policemen. The abuses 'and inconveniencies under the old police men were enormous. Mating of The total failure of all Mr. Pitt's plans on the and decline contiucnt, 311(1 thc vast ascendancy, which Napo- '¦ "¦ leon had acquired by his late conquest and treaty had filled the unbiassed part of the British nation with dissatisfaction and dismay : and once more casting their longing' eyes to peace, they loudly cried out for a change in his Majesty's ministers, aar Administration of E. Hardwicke under Mr. Pitt. 2'$S the orriy sure means of attaining it. Thc leading 'sos. members of ihe Opposition met at Lord Albe marle's to discuss the impericus necessity pf put ting an end tP the disastrpus system SP pbstinately persevered in by Mr. F'itt. Mr. Fox spoke de cidedly for peace, as he always ha^done. Even. the war party came in, and Mr. Windham spoke warmly for peace, and then, for the first time, de clared his abandonment pf the pursuit of the war, as it must thencefprth be directed to an unattain able object. Lord Grenville was not present, but sent his written opinion for peace. Mr. Fox there upon hailed the country upon their perfect unani mity for a safe and honorable peace. So confident was the natipn pf Mr, Pitt's inability to retain his situatipn, that a list ef the new ministry wa^ handed about on the day of that meeting of Ihe Opppsitipn, which was the 10th pf January; and it varied slightly from the subsequent appoint ments. From the preceding Autumn Mr. Pitt had manifested such unequivocal symptoms of ra pid decline, that his physician (Sir Walter Far- quhar) found it reiijuisite in December to accom pany him to Bath ; not so much for the benefit of the waters, as to withdraw him from public busi ness, and the insupportable mortification of read ing the dispatches, which were daily arriving with the humiliating accounts of the failure of all his continental plans. The more thinking of his own friends were sensible, though tliey shrunk from avowing, that nptwlthstanding he could keep in depression, and refuse freedom to his Majesty's 254 The Reign of George III 1806, Irish subjects by trained majpiities in Parliament, nptwlthstanding the prpwess and experience cf British seamen had* triumphed pver the enemy, yet, as arrpgant and vain men ever pride them selves mpst in their greatest weakness, sp Mr. 'Pitt's humillq-tiPH at the tPtal failure pf all his ccn- tihental projects preyed uppn and depressed his spirits mpre, than his ppwer and influence in the senate, cr any aid of -medicine or application of philosphy could counteract. The dreadful catas trophe produced by his measures en the continent, stared him so strongly in the face, that fer the first time he diffided in his own oratorical powers of declamation and seduction, and shrunk from the thought of meeting his opponents in Parliament.* • There never was anj', personal confidence or congeniality of principle or sentiment between Lord Nelson and Mr. Pitt: He claims, therefore, no other share in the memorable victory gain ed off Trafalgar ,-on the 21st of October, than yielding (in this single instance) lo the pressure of the limes, by appointing the immortal Kelson to the command of the fleet, in preference to any of his own favourites or creatures. t The campaign wa^ only opened in September, and Napo leon, , with the velocity of the eagle, marched into the heart of Germany, and took an Au.strian Army, under General Mack, prisoners at Ulra. On the 2d of December, he gained the re- 'nuwned victory of Austerlitz, which was followed by the treaty of Presburgfi, signed on the 26ih of the same month ; which dis solved the new confederacy, and blasted Mr, Pitt's last hopes on the continent. As it has become fatally notorious, that Ireland, has been hjfought to her present state of infelicity and depression by ihe system of Mr, Pitt, and can only be raised out of it by following up the opposite principles and liberal policy of Mr. fox, the contrast of the opinions of those rival statesmen upon matters of ^reat state policy mu,st be instructive and gratifying Administration ofE. Hardwicke under Mr. Pitt. S-'-.'/ Austria dismembered, Ru.ssia debilitated, Prussia i^"^- neutralized, if not treacherously gone over to the to every well wisher to Ireland. When, in the preceding June, Mr. Pitt proposed a general vote for foreign subsidies, Mr. Fox, with that intuitive knovVledge, with which he was pre-emihently gifted, warned Austria against tljie risk, and his own country against the disastrous consequences of being vanquished. His prophetic words are too awful, and stamp too deep an impression upon the value of that great and upright man's opinions, to withhold them from the reader. " No man can tell what will " be the issue of the war. But when we look to the past, I ," would ask, with what rational hope, with what rational " ground of success can such a war as the last be entered upon ? " Is it intended, that at the present season of the year, when " Austria is unprepared, any operations should be undertaken, v" or only, that every thing shall be prepared to carry pn that " war in the next campaign, if Austria meve, and the conse- •' <)uence should be (what is not improbable) a serious disaster, " what would become of our hopes of continental connections ? •• What of the liberties of Europe? What of the prospect of •' setting limits to the power of France? A power justly consi- " dered already too formidable. Under such circumstances, and " with this knowledge, it becomes wise men, Mr. Speaker,, to " consider well, before they grant any money, whether the *' chances be not a hundred to one against' any success. The " manner, in which ihe matter is proposed, weighs much with " me. Had we remained at peace (as I devoutly wish we had) " and that Austria, Russia or Prussia had applied to us for as- " sistance in their quarrel, no man would be more ready than " myself to agree to the grant. But When. we have dashed " singly into the war (aiid as was argued last night) for the pur- " pose of rouzing the powers of Em ope by pur example (which 1' we can only exhibit in cases of invasion), that puts the ques- " tion on a difltjrent footing. 1 dislike the phrase, to rouze Eu- " rope : because the attempt to do .so has just the effect of pro- '' ducing a disinclination to co-operate with us. Every one f knows, that the character of the British government in Eu- " rope is, \hd.\ it is actuated by selfish motives in instigating the^ 256 The Reign of George III. 1806. enemy, Hanover lost to the King ef England, and the British troops too late in the field te cause " powers of the continent to war for British interests, I hope this " is a false opinion : but if the attempt to instigate the powers " on the continent to a renewal of hostilities, while they wish '* to remain at peace (whether for the purpose of regaining " strength, recruiting their finances, or for whatever reason), it " will alienate the affettions of Europe more and more from us. " If Austria embark alone with us in the war, she cannot use " her exertions with advantage to herself or to us : the interests •' of both will be identified, cannot be separated, and conse- " quently neither.^ can enjoy the full benefit of her exertion. " This is a ground with me for thinking the result cannot be fa- " vourable. Austria wUl be driven to the alternative of conclud- " ing a treaty, under the same circumstances as those of Leoben " and Luneville, afld to submit to such terms as France shall " dictate. For it is contrary to all experience and history " to suppose, as has beei/ argued, that being engaged to Russi^ " and England, she should be bound to hold out to the last. " No country can by any treaty be bound to its destruction, " and to Jie down under its ruin. But put it, that Austria should " hold out to the last ; might not that conduct endanger the total " extinction of that power in Europe i In reply to these warnings Mr. Pitt urged the common place argument, that all war is attended with risk and failure: and tauntingly asked, if all the powers of the continent, for fear of ins^kinj; themselves worse, were to submit to the continual ag gressions of France ? Mr. Fox again rose and said, " It is not a mere general pos- " sibiliiy of failure, that is to be appehended from rouzing " Austiii iuto a new contest j but the great probability, from " the peculiar circumstances of the case, that Austria is une- " qual to a new effort : and that a premature effort, so likely to " fail, may^ at once put an end to the hopes of limiting the as- ** x;endancy of France at any future period, I stated last " night, that the chance of loss, in this case, appeared to me " to be considenibly more, than the chance of any advantage; ¦' This applied also to those powers, which we wish to instigate Administration qfE. Hardwicke under Mr. Pitt. 257 any important division against the enemy, or ^^°''- reap any solid advantage te the country, were facts toe glaring to be discredited by assertion, or glossed ever by the magic of delusive and lof ty declamation. The minute and literal verifica tion ef Mr. Fox's recent prediction ef the conse quences of forcing Austria to her ruin, threw him into a sullen despair, from which he never rallied. Of the two prominent supports te his tarnished administration, Lerd Melville was then jileading te his impeachment, in the House of '^ords, and and Lerd Castlereagh had returned frPm his own country, steeped in disgrace and. cpntumely, for the infameus and fpul part he had played under Mr. Pitt in the baleful measure 6f Union. The- nature of Mr. Pitt's cpmplaint baffled all the art of Physic, and he- was ccnveyed by easy jpurneys • tP his house pn Putney heath near Lpiidpn : and because he had net appeared tp suffer much frcm the fatigue pf his jpurney, it was generally repprt- ed, that he was np longer in danger. Hopes even were thrown out by his most interested depend ants, that he would soon resume his place in the House ef Commons. The business ef the na tion became, however, coo urgent to be any longer " to war. As far as I am informed of the state of Europe, I " believe, that if Austria could be allured by any subsidy we " should ofller, to engage in a new war with France, she would " expose herself to extreme peril, to a danger far beyond any chance " qf advantage." What still unmeasured evils would not have been averted from the British empire, had the reins of government been then trusted to the consummate wisdom and integrity of Mr. Fox ? vol.. ir, s 258 Tlie Reign of Georgt III, 1806. deferred, and the Parliament met on the £Oth of January, 1806. Parliament After thc Clcik bad read his Mairaty's commis- meets, and " "^ King's sion to open the Parliament, the Chancellor read the King's Speech : the first part of which was a congratulatien with tlie natipn fpr the brilliant successes at sea, since they were last assembled in Parliament, lamenting, that the triumph off Tra falgar had been clpuded by the fall pf the heroic commander, under whcm it was atchieved. His Majesty was persuaded, that they wculd feel, that thfe lamented, but glorious termination of a series of transcendent exploits claimed a distinguished expression of the lasting gratitude of his ccuntry,. His Majesty deeply lamented tlie events ef the war in Germany, and had directed the different trea ties with the continental powers to be laid befcre his Parliament ; by which it would appear, that nothing had been left undone to secure the domi nions of his Majesty anth of January 1811. " On the 7th of May ISOi, at the time his " Majesty was thus under controul, the union of the two great " political rivals (Mr. Fox and Mr, Pitt,) had been in con- " temptation, but had beein prevented." A short statement of, that transaction will shew the part Lord Eldon performed in it. Thfe other atchievements of tliat conscientious holder ofhis Ma jesty's conscience, dyringthe period of the Royal incapacity to exercise the functions of the executive are historically aulh^ti- cated by the Protest of 9 Peers, which rests not upon opinions. Administration ofE. Hardwicke under Mr. Pitt. 26p ous and desperate task, which none ofhis jour- i*"^- neymen were equal to. They reluctantly there- but facts. And as a voucher for those fiicts, it is hereunto sub joined. On the 7th of May 1 804, when the Marquis of Stafford rose in the House of Lords to make his motion according to notice upon the state of the defence of the country, the Chancellor hacK some private conversation with him, and then addressing the House, be assured them, that in addition to his former reasons for wishing the motion to be further postponed, he felt it his duty to declare, from what came 'within his own immediate know ledge, that circumstances had now occurred, which rendered the agitation of the question still more objectionable than at any for mer period. It was therefore put,ofI" for some few days with the consent of Lord Stafford. On the same day in the Commons, when Mr, Fox had proposed to defer his motion on the same sub ject to a short day, Mr. Rose informed them, that a Right Hon. Meftiber of that House (Mr, Pitt) had received his Majesty's commands to lay before him a plan of a new administration for his Majesty's consideration. On that morning Mr, Pitt was ac companied to Buckingham House by the Chancellor, Mr, Pitt was closeted with the King for three hours : the Chancellor left jt sooner. Mr. Pitt on that occasion consented to accept of his former situation : and he undertook to submit on the next day a plan of a new administratiop. It was industriously given out and univergally believed, that his Majesty had been advised specially to exclude Mr. Fox from th« list. As to all others Mr. Pitt had a cafte blanche. PROTEST AfJAINST THE REJECTION OP LORD tCINc's. MOTION FOR OMITT.INT, . THE NAME OF " JOHN LORD ELDON," AS ONK OF HER MAJESTV'S COUNCIL, DISSENTIENT, First, Because it is of the highest importance, that in the ap- pointment of her Majesty's Council the public should have every 270 The Reign of George lit. 1905. fore yielded to the imperious necessity of declmiag the attempt frem conscionsness of their absolute security, which previous conduct can aflbrd, that the persons composing the same will not act under any undue bias, but that^ wliilst they follow the course prescribed to them by iReir duty, for restoring his Majesty to the public exerc^e^f the royal func tions, whenever he shall be in a capacity to resume themi they vill neither expose his Majesty to the danger of a too early pres.. sure of business, nor concur in represeoting his Majesty as qua- • lifted to act in his high office, before his recovery shall be com plete. Secondly, Because it appears by the evidence of l)r, Heher-i den, taken on oath before » Committee of this H-^use, "that he was fir,st called upon to attend bis Majesty on the 1 2th of Febru- aiy, 1304; that he believed his Majesty presided at Council, on. the 23d of April foUowiiog ; and that he should consider tlie in terval between those periods as constituting the . duration of bis Majesty's disease at that time."- Yet, nevertheless, it appears from the journals of this Hous^, that between the two day* above-mentioned, John Lord Eldon, being then Lord High Chancellor of Great Bri-tain, did, on the 5th of Manch, 1804. ifeceive, and in his Ma|es4y's name, signify his Majesty's con* sent to a biji, entitwied, " An act to einay e his JVlajesty, to grant the inheritance in fee-SMnple of ci&rtain manors, messuages, lands, and hereditameats, in the parishes of ByJiieet, Weybridge, Wal- lin, Wallfnleigh, and Ghewsey, in the county of Suriiey, to his Royal Highness Frederick Duke of York and Albany, for a va luable consideration ; and that he did also put the Great Seal to a commission, dated 9th March, by virtue of which fifteen bills received the Royal Assent; as well as to a commission, dated March 23d, under which seventeen other bills received the Royal Assent ; aWiough his Majesty was, at that time, as ap- pears by the evidence above recited, aiflicted by a malady ot the same nature and character with that, which has no»v occa sioned a suspension of the Regal functions. Thirdly, Because it further appears from the same evidence " that after the peried, wlieu his Majesty was so far recovered Administration ofE. Hardwicke under Mr. Pitt. inability to eifect it. Still clinging however to their deleterious principles, although a change of system were tor the moment to be adppted, they exerted their wicked ppwers to prevent the con cert, eftica<;y and duration of the new arrange- as to be able to transact busine Treasury. Right. Hon William Wickham \ ^ James Courtney, Esq. Rt. Hon. C. J. Fox, Foreign Affairs -j Earl Spencer, Home Department > Secretaries for Rt. Hon. Wm. Wyndham, War and Colonies. J Rt. Hon. Charles Grey Sir Philip Steeveus William Markham Adm. Sir Charles Morrice Pole ^ Lords of the Admiralt_v. Sir Harry Neale Lord William Russel Lord Kensington Hon. Thomas Erskine, Lord Chancellor. Lord Viscount Sidmouth, Lord Privy Seal. Iwrl Fitzwilliam, Lord President of the Council Lord Ellenborough, Seat in the Cabinet. I.oixl Minlo Earl Spencer • IMr. Wwndham Lord Grenville \ Commissioners for the manage- Lord Henry Petty f ment of thc affairs of India. Lord Viscount Morpeth John Ililey Addington, Esq. Rt. Hon. John Sullivan. VOL. II. S74 The Reign qf George IIL ,Jf^ So thorough a change had not been made throughout the several departments of the govern ment since theyeair 1784. But all the secondaries in the ^iffpreqt othces, through whom, in fact, most of the public business is transacted, were permit ted to retain their situations. They having been trained to their situ^itions, little alteration was per- Earl Moira, Master General of the Ordnance, Hon. General Eitzpatrick, Secretary at War. Sir Arthur Pigott, Attorney General. Sir Samuel Romilly, Solicitor General. Earl of Derby, Chancellor of the Duchy of Lancaster. ' . °, ' ,1-, A J 1- . T- r Joint Paymaster of the Forces. John Hiley Addington, Esq. i •' Messrs. tialcraft and Giles, Secretaries to the Treasury. Lord Buckinghamshire 1 t - ^ u ^ . r> i , ,, „ , V Joint Postmastej- Genjeral Lord Holland j Lord Robert Spenqer, Surv. Gen. of Crown Lands ant? Forests. Lord Charles Spencer, M'aster of the Mint. Earl of Albemarle, Master of the Stag Hounds. Mr. Sheridan, IVeasurer of the Navy. FOR IRELAND. Duke of Bedford, Lord Lieutenant of Ireland. Right Hon. William Elliott, ChTef Secretary. Right Hon, Geo. Ponsonby, Chancellor of Ireland. Sir John Newport, Bart. Chancellor of the Exchequer. Lord Grenville Sir John Newport Right Hon. William Elliott Maurice Fitzgerald, Esq. V Lo.rds of the Treasury, Sir Laurence Parsons William Burton, Esq. Henry ParnelljEsq, George, Cavendish} Esq. Secretary to the Commissioners. W. C. Plunkett, Esq. Attorney General. Charles Kendal Bushe, Esq. Solicitor General. Administration qf E. HdrdWicke tender Mr. Pitt, [2.75 ceived in the rriahner, spirit er substahce of 'soe, going through the old routine ef natiPnal busi ness. Nothing short of dire necessity brought Mr. Fox into his Majesty's Councils. He had not changed a single principle fwm the commencement of his political career. Every cbjecticn, ccnse- qiiently, that had been put into his Majesty's mouth agairlst him (some were ^oai'se, all un founded) had then as much force, as at any period during his lotig proscription from the favour and confidence of his Sovereign. He came in, there fore, triumphantly upon his own terms; On no occasion did his patriotism shine with more splen did purity, than en this. No man was ever more warmly attached to bis friends than.Mr. Fex .-and he had several, who had faithfully stuck by him tlirbugh the dreary struggle of 2-2 years opposi- t-ipn. Yet sp intensely was he bent upon procur ing peace for his country, which was the necessa- prelude to internal reform, that he sacrificed the place of First Lord of the Treasury, w'ith all its patronage,' to that ef Foreign Secrtetary, which he conceived would afford him more immediate faci lities of bringing it about. Amongst the earliest parliamentary proceedings on the change of the ministry, which in any way objects w related to Ireland^ must be noticed Mr. O'Hara's nours to spirited- objection tp Lord Castlere.agli's vote for waiiis, o"n"" mdnumentalhdnours to Marquis Corn wallis, who the uoion.^ died in India. He opposed the motion, because he could'®ot'\Vith'eonsi9t(?ncy vote funeral honours to a man^ who had brpught abput the Unipn between T 2 2/5 The Reign of George IIL ^^^ Great Britain and Ireland; with regard to which lie trusted, that some time or other it, woilld come under the consideration of that House ; and if it ^vere not, as he hoped it would be utterly rescind ed ; it would at all events be considerably modi fied, and, if possible, ameliorated. Upen this in teresting subject iNIr. Fox declared, that he con curred with the motion ; for that the words, in which it was expressed, did not, in imitation ofa late precedent, assert, that the object of it was an cxccllenr statesman. Althongh, however he sup ported the motion, yet he^greed with Mr. O'Hara in characterizing the Union as one of the most dis graceful transactions, in zvhich the government of any country had been involved. iippp,ii of In consonance with this marked reprobation of the Union. . .. that fatal measure ot Union by the most enlight ened and irreproachable member of the new ad ministration, several of the corporations of Dub lin formed meetings to prepare petitions te the le gislature for the repeal ef the Union. Of these tire company of stationers at their hall in Capel- street gavT the example, by appointing a respect able committee of nine to draw up a petition to repeal the act. At a future meeting, however, they came to a resolution, that not to embarrass his Majesty's administration with a matter of so much importance, as the consideration ofa repeal of the Union, they then declined framing a peti tion to Parliament for that purpose. Within some few days, Mr. Alexander called upon Mr. Fox for anc.xplanation of what he was reported _^to have Adminisli^ation of E. Hardzvicke under Mr. Pitt. 277 lately said concerning thii Union, Such an opi- ^^f^ nion publicly delivered by a person in his official situation had given rise to many conjectures, and had produced considerable agitation in Ireland : and it was highly important, that the public mind should be set at rest upon the point. Mr, Fox conceiv'ed he had spoken veiy intelligibly : but he, never refused explanation: He adhered to every syllable he had uttered relative to the Union, upon the motion for funeral honours to Lerd Cornwalhs. But when he had leprbbated a thing done, he said nothing prospecti\'ely. How ever bad the measure had been, an attempt to re peal it zvithout ihe most -urgent solicitation froyn the parties interested should not be made, and hi therto none such had come within his knowledge. Dr. Duigenan moved to bring in a bill for en- Popuiati.in forcing the 'residence ef the established clergy, try.'-^"^"""' and Mr. J, Fitzgerald for ascertaining the popu lation of the country. He judiciously observed that to be a grand desideratum in polin,jal econo my, whether considered as to its physical force, its agricultural produce, or its financial relations. This has ever been' a sore point with government. Whatever the cause may be, the eftVct is observa ble to every one, who throws an impartial eye over the population ef Ireland, with a reflexion of what it amounts te, and a comparative reference te it in the short space of the last 2 5 years. During this time the most moderate statistical ob servers admit the population to have been encreas- 278 The Reign of George IIL y^^^ ed by above ene third, and that will give 4n ag gregate pf about 7,000,000. Lord Hard- Jq Dubliu the Term Grand Jury presented an wicke and ' . thepaviug address tbLord Hard.wicke, expressing their regret at his departure from the ccuntry. Atldresses did not flow in from other public bodies ; which was a disappointme.iit to the Castle, and particularly to Mr. A. Marsden, the projector, adviser, aud ac tive instrument of most of the atchievements of that hellow government. The citizens of Dubli.ij , had long complained ef the insufferable abijsps of tlie comrpi.ssioneis of the paving board, who had permitted the streets and passiages in the city to run into such a state of filth and decay, as to ren-- der the intercourse of the inhabitants not merely a. service of labour, but of absolute danger. The act ef Parliament, which gave to the Lord Lieu tenant authority to suspend the directors and com^- missipners pf the- paving corporation, received the Koyal Assent on the 10th of the preceding July. For above^ksven months, and that throughout the Winter, the whole body of delinquency was con tinued at their post ; and the public received no benefit from the act of tl)e legislature. When however Lord Hardwicke's successor had been ap* pointed, and be was in daily expectatien of quit^ ting his gevernment, vi?. on Saturday the 22d of February 1806, Mr. A. INjarsden i» an official let ter by command of his Excellency ^suspended the whole of the old directors jand cpuiraissipners. Fivi gentlemen were appointed to act in the room of Administrdiien qf E, Hardwicke under Mr. Pitt. &'79 806. the commissioners*, and they entered upon bu«i- ' ness at the corporation liouse ini Daivson-strCet on tlie Monday following. Weakly was it imagined, that this procrastinated act of duty afad justice would I eflect a ray of merit on the expiring admi nistration of Lord Hardwicke, and Call forth a more congratulatory spirit from the natipn for the benefits of his mild, conciliatory and just govern ment. The eyes of the public were now turne'd with confident expectancy towards the new ap pointments, and the- deeds of the departing go vernor were balanced Without the make weights of flattery, fear, or hope. The Irish had so long been kept put of posses- ^'rst trat# ^ , r ¦ ¦ ^ • of the new .Sion of the great safe guards or constitutitmal h- ministry. berty, the bulk of their populatipn had sp repeat edly been baffled in their expectations of being emancipated, every successive minister of Mr. Pitt's designs upon Ireland had so determinately pro nounced their perpetual proscription from equal laws and rights with their Protestant countrymen, and so effectually opposed their efforts to be ad mitted to such participation, that they eagerly caught the first dawn of hope, that a change of *The new appoint ments were. Alderman Carleton, Alderman Hutton, Aid. Pemberton, Alderman Darley, 'SherifTs Peer, D'Olier, The suspended Di- rectofs werfe, Lordde Blaquiere, Mr. T. Burgh, Mr. R. Cane, Mr. J. C, Beresford Lord Frankford, The suspended. I Com. were, Mr. H. Mitchell, Mr. R.Alex. jun, Mr. R. Cane, Mr. W. J. Alex. Mr. J. M. Ormsby, Mr. S, Ormsby, S80 The^Reign of George III. 1S06. j^en was intended tp bring abput a tptal change pf system.. Before tlie, new Viceroy was prepared to set out for his government, two circumstances oc- ' cutfcd, which inspired tlie Irish with an enthusias tic confidencie in the new ministers. The Irish are naturally prodigal of credit, where thiy anticipate confidence. On the 7t\\ of March the act for sus* pending the habeas corpus had been permitted to . expire without any attempt by government tp con tinue or revive it. Tbereupon the several goals in Irelantl were cleared of all thpse State inisoners, who could bear the expences of habeas corpus, and who had been conJined! there for two, or thrtve years under the, inquisitoiial powers of that de- .spotic suspension. The restoration to society of many respectable and popular chaiacteis, dignified by unmerited sufferings, spread a sjinjiathetic glow of exultatiPu thrpugh the peo|)le, which broke - out into an eagerness to hail the new governor as their deliverer, and stifled all efforts to procure va- ¦ ledictoiy addresses to the departing Viceroy, who had so long kept them iu bondage. The . instanta neous removal of Lord Uedesdale.*^ from his situa- • On the 4.th of March 1806, Lord Chancellor Redesdale sat in Court fpr the la.st time, and when the .busiiiess of the day w-as over, he addressed the gentlemen of the Bar, which was nunie- I'ously attended on the occasion. He told them, Uiat when he came over to Ireland, he thought he- should probably have spent the remainder of his days there,/i " I proudly hoped to have " lived ainongst you, and to have died aii^oiigst you : but that " has not beeh peruiitted," Hiss Lordship then expressed his sense of the obligations he owed to, ahd acknowledged his ifianks for the conduct of the gcnlleraen of the Bar; and also of Administration of E. Hardzvicke under Mr. Pitt. 28 1 tiqn, even before his successor had arrived in Ire- ''"^*"'- . land, infused incalculable satisfaction throughout the officers dnti practicersof thfe Court.- His Lordship was. much agitated, arid shed tears profu.-iely : after a short pause, he con tinued, " It would hayeheen my wish to have continued to sit, " until ihe gentleipiin, who has been named to succeed me, ' " should have arrived. I believe it was his wish also. I have •• every reason to think so : and from him I have received every "degree of politeness and attention. I am sorry .uthat other " persoijs should have thought me unworthy to be trusted with " the Seal during that interval. What can occasion this (which " I cannot but consider as a personal insult) I am unable to " guess. But I have been informed, that a peremptory ordci- " has coin e to the Lord Lieutenant, not to su"ffer a momeiit to " elapse in preventing the Gre-at Seal longer remaining iii my " hands. I know not whence this jea1ou,sy of me has arisen, or •-¦ how my continuing to sit in the Court of Chancery ^jor I '" could make no other use of the Great Seal but under the wur- " rant of his Excellency) could interfere with any views of his " Majest\'s ministers. I am proudly conscious of hav'ing dis- " c'hai-j^ed the duties iOf my station with honesty and integrity " to the utniost of mv abilities. For the office I care not : ex- '' cept so fur, as, it afTorded me the opportunity of di-'charging '• conscientiously an important public duty. It was unsought " for by me 1 e and 'what I was not prepared " to bear." His Lordship was here nj^ain much affected, even to tears. lie thgn made general offers of his .scivices to Ire- Lunl : and considering, how vehemently he had both . in word 4i)d writing expressed himself with reference to the body -of iri,sli Catholics, and their wishes and efTxts to be admitted to an , equal pavticipntiou of all constitutioJial rights with their, fellow 2SS Th^ Reign of George HI. 1806. every rank ef tlie Cathplic pppulation, which h« had SP coarsely and unfoundedly insulted and tra duced. Tliis early and marked removal of Lord Redesdale was a seasonable atonement to the in sulted feehngs of** the Irish Catholics, and was re ceived by tliem, as an earnest of the new minister's adopting a new system ef measures, calc"ulated to secure the internal peace, welfare, and prosperity of Ireland. The united efforts of PflScial favour ites and a purchased press could not at the close of Lord Hardwicke's five years administration keep up his popularity even te that pitch, as to procure him the ordinary obsequies to a departing governor. The attendance even of his favoured yeomanry of Dublin was solicited to perform the last honor to the Ex-Governor, and was refused in the first in stance.- Out of all Ireland, addresses on his de parture, came only from Dublin, the county of Mayo, and the Ipyal Crossmolyna cavalry. His fO'iBtrymen, he made this singular declaration. " To this " country 1 have the highest sense of' obligation. I do not " know, that in a single instance, I have experienced any thing " but kindness. 1 have experienced it from all ranks of people " without exception." After his Lordship had finished bis speech, the .Attorney General in the name and by the direction pf the bar addressed his Lordship, in a short speech, expressive of the sense, which the bar entertained ofhis Lordship's en dowments, which preeminently qualified him to preside in a Court of Equity, a.nd of their thanks for the impartial attention, sagacity and patience, which he had uniformly manifested on all occasions, and for the instruction, which they had received iVom a course of decisions during four years, by which he had much advanced the sdience, which, they professed. Jdmnistration of E. Hardzvicke under Mr. Pitt. 283 Lordship sailed from the Pidgeon-house on the ,J^°fv, 31st of March. During his residence there for two days, he kept his Court with the same eti quette and form, that he had preserved at Dublin elastic during his whole administration. HISTORY OF IRELAND. CHAPTER IV. Administration of the DUKE of BEDFORD. X. HE change ef administration, great as it was in the upper departments of government, was not ^]^°^ attended with the impressive effects, which it was General na- naturally calculated to produce upmi the Irish Bedford ati- public. Although Mr. Fox's impassioned wish ,Tonr'^*" for peace had induced him to accept of that eflicial department, which weuld most immediately sup ply him with the means ef procuring it, yet was it the first policy of his celleagTies to usher in their administration with some overt and important acts of Mr. Fox, in order to procure a -credit from the Irish, that the future system ef gevernment was to be modelled exclusively upon tlie enlarged po licy and immutable principles of that enlightened S86 The Reign of George III leos. patriot. The importance of Ireland in the vacil lating state of the British Empire supereminently called for his genuine advice. No radical change of system could be- expected with any ratipnal confidence either from Lord Grenville or' Lord Sidmauth. His first concern was to place the go vernment of that fflisgoWed^ and abused part of the United Kingdom in the hands ofa man, whose liberality, honor and integrity Wpuld render him equally-impervious te the everbearing mandates of British predominancy, and the insidious manoeuvres of Castle intrigue. Tbe honor, patronage, and emoluments ef the Lrish Viceroyalty had many competitors. The very solicitation of the office was an objection to that immaculate Statesman's granting it. Sensible, that tlie reform of abuses could now only proceed from the Imperial seat of government, his first concern was, to fill the im portant station with a man, who he personally confided^ would neither continue, nor encrease abuse. When the offer was first made to the Duke of Bedford,' he resolutely declined it. Mr. Fox, whose wisdom and integrity had their due sway upon his Grace's mind, was driven to en treaty and personal supplicatioil, before he could be induced, even conditionally, to accept pf tlie charge., In making such a sacrifice pf every per sonal feeling and ccnsideration te the wishes of Mr. Fox, whose opinion he had ever made the rule of his pohtical conduct, his Grace coupled it with a condition well suited to his pure and ex alted mind. He submitted to'the onerous charge, administration of the Duke of Bedford. €87 provided his friend would case him pf the resppn- ^""^ sibility pf dispensing the grace ami patronage of tlie government, amongst those, tb whpse merits he was a stranger, and suggest apprppriate mea sures for the welfare of the Irish pepple, whose in terests and fehcity he wishetl' to promote, profess ing at the same time life ignorance of the imme diate means of securing them. Assuming with well faurnded, confidence, that Mr. Fox's intuitive kiipwledgfi ofy and cordial affecticn for the consti tution, wo.ald ensure his sincerest efforts in favor of Ireland, he assumed the government upon the^ a-vowed mission of effectuating the benevolent views of that enlightened and humane Statesman. The unsuspicious candor of Mr. Fox, was the only pohtical defect (if that amiable quahty can be called defect) in his character. He put no re serve upon the sincerity of others,, as he felt no , check upon his Qw\i% He knew not how to diffide in the words, ©r actions of those, who cdalesced with him. He gave them unqualified credit for principle, by which he invariably shaped his own conduct,. Under these impressionSj he deputed that confidential discretion, in which the Duke of Bedfwd had accepted of the viceregal charge to spnje pf his. colleagues, who might properly be called a British committee for managing the af fairs,, interests, and patronage of Ireland. With imitative, sympathy, his Grace acted under that deputation, as* the faithful organ of Mr. Fox's senti ments and feelings. Mr. Fox laboured exclusivfely for theattauimentof peace, which he considered tlis tion. 2SS TJie Re'ig7i of George III. >¦ IS06. necessary forerunner of reform, and other projected benefits to his country. But the impaired state of his health slackened his exertions even as fpreign minister. "* First acts of After the arrangements of the new ministrv had thp,Pedfor(» , ^ ,, , 7 , , t. ~ " . administrs- bccn finally settled, the only act or government m Ireland, that M'as traceable to the personal influ ence of Mr. Fox, was the instant removal of Lord lledesdale from the chancery bench. It was an inchoate act of justice to the great body of the Irish population, to put aa early and unequivocal mark of reprobation on the man, who had ca lumniated and insulted them with an ignorant and malignant bigotry, which has not been exhibited on any European theatre for centuries. This was emphatically the act of Mr. Fox; and unhappily for Ireland, the only one of the Bedford adminis tration, which emanated purely from his sjiiritand principle. Had the long habits of friendship and sympathies of Lord Grenville and Lord Sidmouth prevailed, even in this solitary instance over thc stern virtue of Mr. Fox, it is hkely, that the great seal of Ireland would have been at this hour in thc hands of that weak and mischievous religious agi tator. The necessary ' consequence of the Whig preponderanc-y in the cabinet in this matter, was thc appointment of Mr. Ponsonby to succeed Lord Redesdale on the chancery bench. His long tried services in the cause of Ireland, and his powerful, though iiiisuccessful, exertions in opposing the syst-ciu, naturally transfused through the \v4iole ¦ Catholic boily the confident expectation of an im- Administration of the Duke of Bedford. 289 mediate and radical change in the whole order ef ,_J^^ things, when they beheld him raised to that ele vated situation, in which he became enabled to di rect the influence of the crown to the annihilation of every national abuse, and the admission of all his Majesty's Irish subjects te an indiscriminate participation of the rights of the constitution. The Irish are naturally sanguine in their Cxpectatipiis. They more confidently anticipated the benefits to arise out of these first (and they were the last) ge nuine acts of the Whig influence in the cabinet, than they reflected upon the probable effects of the" partiality of the two ether parts of that cabinet to the atrocious system, which they had so long and zealously co-operated in supporting. They re flected not upon the weight, number and perseve rance of the individuals in the late forced coalition, to whom Lord Redesdale's weeping lamentations in the court of chancery applied ; when he there pro claimed,, that he. had been given up and betrayed on the ground of that very conduct, which his treacherous fi?iends had instructed and stimulated him to pursue. The private views and motives of individuals are ?!,*/;' "^.^^ • r^ Whig ad- not open to historic scrutiny : but the combination, ministra- succession and reciprocal bearings of broad facts cannot fail tp produce cenclusions in the mind of the impartial reader, faithfully corresponding with tlie spirit cf the actors in the §ceneS; exhibited to his view. The fi^rst feelings and expectations of the Ijish nrind on the late change of men pro, VPL. IT. U 2.90 - The Reign>of George III 1806. mised alsp a change pf measures and principles*. A generpus credit was allpwed for the sincerity, as a plenary ccnfidence was felt in the purity pf a Whig administration, of which Mr. Vox was con sidered the soul and efficient director. Then; for cibly rushed upon the Irish mind the full reflection of the zeal, energy and perseverance, with which the Whigs had, when in opposition, pressed upon the legislature and the public the imperious ne cessity of abohshing the whole system ef prescrip tive division and religious ascendancy in Ireland. The natural result was a sanguine confidence, that novv they had become masters of the influence of the crown, it vvculd be instantly applied 4;p that purppse. In this ebullition of Cathohc expectancy, the triple coalition was formed of three compo nent parts, to be known and judged of by their re spective heads or leaders. Fox, Grenville and Sid mouth. The satellites moved uniformly within tlie orbits of their respective planets. Mr. Fox had invariably and unconditionally at all times spoken and acted for unqualified religious frgedom, and a thorough reform of Irish abuse. Lord Gren ville had for 17years been the co-adviser and co-ad- jutor ef Mr, Pitt in every measure of government in Ireland up to the Union : even aft^r the accom plishment of that fatal measure, he had joined and le-echoed Mr. Pitt's unequivocal and unconditipnal • Unlike to the change of the Pitt administration in IgOl ; which was merely of men aud not of measures or principles.' Vide what was most wisely said upon thaf subject bv Earl Moira. and Lord Holland, vol. i, p, 36. 1 Administration of the Duke of Bedford. 2^1 declarations of the necessity of Cathohc emanci- ^J^°^ pation, though he afterwards declared both in words and writing, that he had always meant it to be qualified, ami fettered with such ccnditions and provisos, as would in fact render the concession inadmissible te the Qatholic body. His Lordship however had the merit of resisting M^-. Pitt's re peated solicitations to return to power without hav ing redeemed his (even qualified) pledge to the Catholics of Ireland.' Lord Sidmouth was the boasted and pledged opponent to Catholic conces sion under every possible variation of political oc currence. The friends and co-operators ef Lord Redesdale, the Attorney and Sohcitor General, re tained their situations and confidence : Mr, Alex_ ander Marsden, the secret adviser and machinist to the late administrations, was not displaced. The , whole of the Orange magistracy remained undis turbed in the commission of the peace. Even Ma jor Sirr was still seen, as the tutelary guardian of the Castle-yard. No floating patronage was removed from any promoter of the late, to countenance or encourage the supporters of the new system. The name of Grattan, the friend and father of Irish li- beity, was not seen on the list ef changes, arid Mr. Curran, the unvacillating asserter of Ireland's rights and freedom,*" remained neariy five months unpromotect Mr. Hardy, and several gentlemen of tried virtue, and well deserving of their coun try, were left wholly unpro\'ided for. And Mr. Elliott, the Chief Secretary to the Lord Lieute nant, had long been an apprpved seivant to former u 2 ¦' ' 292 The Reign qf George III i^"' administratipns in Ireland, and was better knpwn by his sympathies with the Orange societies, than with the prpscribed bcdy of Irish Catholics. Ireland left T^^^^ cncreasiug' diflSculties in negociating a ^^J^J'- ^""' peace, and the declining state cf Mr. Fox's health prevented his perspnal attentipn tp the affairs pf Ireland. He had prpcured Lerd Redesdale's in stant removal in a very marked manner, and his unsuspecting mind was satisfied, that by having placed Mr. Ponsonby in that important situation, he had put the affairs of Ireland under the advice and controul of a gentleman, whose principles and policy towards her were in perfect uuilson with his own. The arrangements for carrying on the trish government under the Duke of Bedford threw the whole management and patronage substantially un der the influence of Mr. Ponsonby. The country at that moment unquestionably required not only a gpvernment ef efficient energy, but a govern ment, which commanded the plenary aud practi cal confidence ef its predominant population, Th? Irish quickly seize and strongly retaiq prejudices fpr or against public char£|,cters, as they have ex perienced their support or opposition to their nar tioncjl interests. Their judgment is generally just : ilieir memory and tradition faithful. The multi- lude seldom, if ever, come into contact with theiic fi-al governor : they tak;^ his spirit and conduct ffom the actioqs of those, >vho are deputed tP bring the acjministr^tipn and expcutipn pf the laws home to their own dopr?„ If within the hounda,- ilfes of their respective districts an uniformity of Administration of the Duke of Bedford. 99^ sj'stem still prevail, what boots the change to yJ^^Lj them, whether a Russell or a Camden rule ? Whe ther theX)range magistrate oppress them by an ori ginal commissipn under ene Chancellor, or by the continuance cr renewal pf it under anpther. The fact was, that the Irish Catholics, making unquestipnably five millipns pf the actual pppula tion of the country, when the Bedford administra tion was appointed, confidently looked up te the adoption ef those measures, which the leading members of ir, had, (when out of place) so warm ly advocated. They were, however, quickly and unaccountably checked in their fond expectancies by their inability to perceive any ether change in the Irish government, than that of the Viceroy and Chancellor. Their public conduct in attempt ing to forward their own cause brings forth in a very strong point of view the real system of tbe Bedford administration in Ireland, and much ef the Grenville atimiiiistration in England. In- tlie year 1804, Mr. James Ryan, a. young . a'entleman, well connected in the mercantile inte-t® '«a^ ^^e " 1 . . , Catholic rest in Dublin exhibited more than , ordinary zeal cause. for the promotion of the Catholic cause. He in habited a large house in Marlborough-street,.. to which he invited such Cathohcs, as were disposed to co-operate with him in the same object, to meet and ccnsult uppn the common cause. The rigo- j-Gus conduct of government towards the Catholics after the cxplosioin in July, J803, prevented any public meetings of the Catholic body upon the subject pf their emancipation. Np perspns then 29i Tlie Reign of George III. ¦ 180C. dared to hold public conventions on political mat ters. Many successive meetings were holden at Mr. Ryan's, rising gradually in number from scores te hundredjS. At one of those meetings, in -which Lord Fingal was chairman, a vote of thanks was proposed' by counsellor Scully to Mr. Ryail, for having had the boldness te permit Cathohcs to assemble in his house. He acted in his own house, not as a secretary, but as a controuling or principal agent (if not by delegation, yet by ac quiescence) to those, who convenedthere to repire- sent and manage the interests of the general body of the Irish Catholics. , He was chosen at one of these meetmgs (not without some turbulent oppo sition) to go over in 1805, as one of the deputres from that body to Mr. Pitt, which'delegation has been before noticed. . As that deputation vvas, by ' Mr. Pitt's refusal to present the petition, driven to apply to Lord Grenville and Mr. Fox, Mr. Ryan, then, for the first time, and in quality ofa deputy from the Catholics of Ireland, became personally known to 'Mr. Fox,* At Mr. Ryan's house, the • As it is not the intent of this work to record the public acts or conduct of the Iri.sh Catholics, but of the Irish nation (though they numerically form the decided majority) we omit the details of the debates at the several rpeetings of Catholics in Marlborough-street, which ran into the most disgraceful alterca tion and dissentions. All were unanimous in their anxiety to attain the comrtion object of emancipation. But the inexperience of so many persons ardent in a, great common cause, created differences as to the mode of attaining it, as wide as if they had contested for adverse objects. It is observable, that the publi city and (perhaps even) the heat of dissention, into wlixh tho,.se Administration of^he Duke of Bedford. ^g5 general discussions had taken place preparatory' to '*"'' the presentation of the petition in 1805, though the committee usually sat at the house pf Lprd Fingall. All the Catholic peers had been nomi nated standing members of that committee.* Catholic meetings frequently split, have seldom failed to end in national good. Sooner or later, the^- have forced into publicity facts and circumstances mainly beneficial to the present and fu ture generations. In as much, therefore, as any such debates or parts of debates involve the government of the cofcintry, and ' tend to develope the system, which this history is chiefly calcu lated to disclose, the author feels it his duty to offer' a. faithful statement thereof to the public. The contest between the con tending parlies arose chiefly from the alleged ase determinedly resisted by Mr; Pitt. This letter "" was communicated to Lord Fingall, and laiit before the Catholic committee. Counsellor Bellew, the friend and counsellor of Lord Fingall, contended, that to forward their, petition then. 296 The Reign of George IIL 1806. Mr. Ryan has himself informed us, that after Mr. liyaii thc delcgatcs had accomplished the object of their Fox.^ '' mission, and previously tP his departure from Lon don,' he called uppn Mr. Fex, in order to take his leave. At that interview he obtained his permisr sion to enquire his opinion and advice on the Ca tholic question, 'previous to the succeeding session of Parliament, which he fully and freely conceded: In consequence of which, Mr. Ryan consulted with Sir Thomas French, and having been assured by when the administration was adverse, would be defeat,and disr grace ; and that fhe prejudices of the people of England wouK) be roused by the discussion, so as lo prevent the po.^sibility of obtaining the object at any future period. , Mv- O'Connell and Mr. Scully, with much warmth pressed the propriety of their forwarding their petition ; and finding, that Lord Fingal was like ¦ Jy to gain over a majority, they openly declared, that they would forward their petition ; and the Lords, if they thought fitj might secedff and act the sarjie part they had in 1T92. The menace had the desired effe.ct. Lord Fingall and his friends acquiesced. At a subserjuent and very turbulent meeting in Marlboroughr street, Mr. Ryan was proposed as a delegate by Mr. M'Donnell, and supported by Sir Thomas" (now Lord) French; and~*after much tumult and disorder, Mr. Ryan was elected. The spirit , of dissension attended the delegates to England, and prevailed so far, that the interchange of common civility ceased between two of them, who in public and private mutually charged each other with betraying the interests of the Catholic body. After the return of the delegates, soflne select partial as.scinblies were holden at Mr. Ryan's lo receive the report of the delegation ; but most of the very persons, wjbo had usually attended those meet ings, became so dissatisfied, that they refused to atteiul, to vole thanks to the delegates for their upright and honourable conduct in the fulfiUhient of their important mission. Soon after whicfi Itb^y call.ed a firjal inecting, and disBolyed their comniittee, Administration of the Duke of Bedford. 297 him, that no injury could result from his corres- J^^ ponding with Mr. Fox, he addressed to him a let ter on the 25th of November, 1805, in the stile pf a pubhc or accredited agent cr manager pf the Ca tholic cause in Ireland, and asking Mr. Fpx*s ad- vice, how he was to act in the ensuing year, after having told him what /ve had done for the body in the preceding year. Mr, Fox answered this letter, as he would liave written to an authorized agent or representative of the Catholic body.* Tims far * Copies of this whol,e correspoftdence were published by Mr. Ryan jn the Freeman's JouHial on tbe 1,1th of Augilst, 1.810. (Copy of Mr. Ryan's letter to Mr, Fos.) '' Dublin, Nov. 25th, 1805. " SIR, -** When last I had the honor of seeing you, I requested, and " you were so good to grant me the lib(brty~of soliciting your " unrivalled good opinion on the subject of the Catholip moire- " ments here, ii> their endeayoufs to procure the repeal of the' " renjainiog penal laws, which aflTeet their body. 1 am fully' " sensible of the siijgnlar favour you have conferred upon me' " by granting this privilege, and I pray you will be assured, '' that no consideratioH short of the deep feeling, which is exr " cited bv the -present important crisis, and the consecjaent in- , " creased necessity there is of calling forth all the energies oF " the empire, could prevail upon me to trespass upon the time' " of one, whose mind mifst be so fully occupied. I am cotit' " vinced, it has not escaped your fPcoHectiOn, that the Catholic " deputies acquainted Mr. Pitt in the interview they had with " him, that it was the inteiition of the Catholics of Ireland to " apply to Parliament every session, until all the disqualifications, " under which tj^ey labour, shall be removed, and that tiiey >' poipnjunipatfcd the same intentions to you and your illustrious £()B 77ie Reign of George LIL ¦ 1S06. Iiad the correspondence proceeded between Mr. Fox out of place, and Mr. Ryan, holding no species " friends, when they were honoured with an interview at Lord " Gren'ville's. The Catholics were induced to this determina- " tion from the conviction, they continue to entertain of the be- " neficral effects, which the- discussion of the question must ever " produce. The eloquence and wisdom, which will be exerted " in -its support in Parliament, will continue to diminish the «' number of our opponents there, whilst the agitation of it '¦¦ amongst ourselves will bring back the public mind from spe- " culating on more distaut politics to the consideration of our " local question- J instead of being discouraged by our late de- "' feat, we are animated by the most confident hopes, that the " day cannot be distant, when our success will be compleat ; " which are justly founded on the support we have obtained " from the great proportion of the rank and talent of the Far- " liament. The Catholics, therefore, are pledged to come for- " ward in the next session. Their inclination to do so in ge- " neralj and the late unfortunate disasters On the continent have " encreased their desire to be put on the footing, which will " render ihem qualified in every part of the British empire to " perform their doty to their sovereign and their country. It " is useless for me to tell, Mr, Fox, that no palliative measure " can h-ave the eilect of satisfying our body, or securing the " safety of this country. It has been governed for a long " period of time without any regard to the conciliation of the " great ptoteon reservedly avowed himself the person, who ad- resXt»^. vised Mr. Ryan- to call the meeting alluded to in the resolution. Notices had been sent, he said, to almost every person in tlie city, who was known tp have been active in the proceedings of last year. It coirid not be denied, that the meet ings of I80ij were very -select, and cPmprized the " this Copttnittee is very differently constituted from the one, " which was .conte'roplated, when I proposed to deliver my let- " ters for enquiry. My second reason is, that I have grounds " to justify me in concluding, that no very impartial investiga-' " tion would take place. I have only further to say, that it is " my>most anxious desire, that a fair, impartial, and candid " ejEatpmiition of those letters ahpuid be immediately instituted " by men, who would have for their object the attainment of " truth, and who would not be warped by foul and malicious " jealousy. I would, therefore, propose, that even my accu- " sers may nominate any given number of men, and I shall " name an equal number of acknowledged men of honor, and " to them I will submit the investigation sought for ; but on noi " other terms shall I ever- give my sanction to such a proceed- " ing; and I am sure you will agree vvith me, that if this pro- " posal' be not accepted, that these men, who are now clamo- " reus for enquiry, are not solely actuated by the motives they- « profess. I have agaiPj Sir, to repeat, that I do insist my lei- " ters will notbe given up by you to any body of men without " my consent. You hold them alone by my permission, as the " Vesolution respecting them^ which was intended to be pro- " posed, was not brought forward on the day I handed them to " you, because the parly, who meant to support it, "was con- " ficioi^s it would be negati,ved,'' I, am your obedient humble servant, JAMES RYAN. 320( The Reign of Geqrge IIL ^2^"^ property and respectability of the country ; .and had the support and approbation of those very gentlemen, who then thought proper to condemn recent meetinos exactly similar. The habeas corpus suspension act vvas in force, when the meeting of the 1st of March was called; and he' a|>pealed to the hpnpr and candpr of gentlemen, whether any other mode of collecting the sen^e of theXatho- lics could be resorted to. He had selected a' com mittee out of the most respectable of their persua sion, such as no man could object to ; and as he saw gentlemen obstinately bent upPii carrying the proposed resolution, he would not remain to have a censure passed on his conduct," which he trusted would meet the approbation of a more impartial meeting of his fellow citizens. Mr. M'Donnell then retired; ' The debate continued for some time, and after much confusion adjourned to the next day. Mr. M'Donnell reappeared at the adjourned meeting on the next day with several persons, who had not attended on the first day ef the debate. But the intemperate confusion, into which the meeting was thrown, lasted several houit; and the tumultuary scene was closed by a motipn for adjpurn ment fpr Piie month, which was with great difficulty put, but carried unanimously. BifScuitics The ferment, into which . the public mind in [h^foinven- Dublin was worked up by the intemperate decla mation of opposite partizans at the late Catholic ' meetings, was partially allayed by the open notice and comments on the Convention Act in the dif ferent periodical publications. It was a'sore and tion Act. administration of the Duke of Bedford. .32 1 embarrassing warning to the Catholics, who natu- isoB. rally and justly wished te enjoy a full, fair, and ef- '^^"'^'^ ficient organ, threugh which to convey their griev ances to the Throne or Parliament. They were ad vised, that the proviso in the Convention Act, that nothing therein contained should prevent the right ofhis Majesty's shbjeets to petition his Ma jesty or the Parliament, kept alive and open to them all piaeticable and peaceable means of learn ing and collecting the sense ef individuals, as well as ef conveying it in the form ef a petition te the Throne er Senate : which could not be otherwise effected, than by some sort of representation or de legation; mere especially, where the number of the complainants amounted te mere than five mil lions. The Convention Act, which passed in 1793, was one of the baleful measures ef the Pitt system; to muzzle the victim before the iAflictien of tor ture : to render the voice of the subject equally unproductive pf preventipn and redress. It had fpr 13 years since its enactment lain dprmant: and the Cathplics had beep permitted withput interrup tion by evfery administration* during that peried ~* It was reserved for the Richmond administration first to act upon this statiite, which Ijad slept for 18 y-ears, when Mr. W. W. Pole the Irish minister wrote the following circular letter to "every sheriff and niagistrate throughout Ireland without any previous notice or warning to any of the supposed offenders against the law. ; , - «¦ " Dublin Castle, Feb.' 12, IS 11. " Sn, "It being reported^ that the Roman CatholFcs in the county of " are (o be tailed together, or have been called vpL. II. y :322 : The Re^in j^ George ML . ':- J^^^ to collect andifexjpn^^ the ^ilLpftheirbody in the , ? ¦ " W.W. POLK" .. To -, &c. ^. &c." ; , ., AdminisfHaAfion of the Duke of R^^ord. SS$ %&*,. sfee*s thepilCiral sentiments pf th# bpdj a-t '^°^- that peri'0us and* respectable meeting convened in Willi^-st^eet passed, agd^br §evepal:^i4ccessive days publisl^ed in tl^e daily prints the fbllpvving resplutiops : *' At ^ meeting of the Roman Catholics, held on *" the l-5th of April, 1806, Jit the ExhibitipnT *' I^pop, Willi^m-streetr ^' Doctor SnEUiDA^.in thp Chair. *' Thp fbllowing Resolutions were unanimously '¦ agreed to ; •' Resolved, That Thonias Lord Baron French ?' having formerly been one ef the persons eii- •' trusted by the Irish Catholics with a most im-^ ^' portant missior!, of which the issue was merfib- " rable ?irid feuceessftrl; having ^Iso, since that ** time, persevered in hi« fidelity to tbe Catholic " cause, and lately given a decided proof of his "'fepirit, integrity and patriotism, in opposing, *' detecting and crushing a, dishonourable and " pernicious atCpmpt, the said Lo'rd French *' justly and honorably enjoys the confidence^ of '¦ the Cathplics pf Dublin, who have imnieinorlal- *' ly proved themselves dese'rving of" the confi- ¦' dence of all^ the Irish ^atlioli^s, by their ?eal. (( # Administi-^tion- af t%e Duke of Bedford. t527 vigilance, activity, incorruptible honour, -apd *»P6. invincible perseverance. >— -rw *' Resolved, Ti^at J^hfl Keogh, Esq. uf " Mount Jerome, having devoted the best years " pf a long and meritorious hfe tp alleviating the " c.alaraities pf penal law, a,nd having been thp "great exciter pf that spjirit, which succes^fwHy *^* pleaded for oU*- delivera-nee, aiwl iieeeived a fit ''' reward in the ¦ admiration of his fellow Catho- " lies; havinw ajsp in a late instance set aside " the consideration of years, infirmity, fuU ser- " vices andprivate friendishjpr and come forth to ** rescue the Catholics from a mischief, that "threatened tp tmdp his labours; and having " lastly declared, that he Offers the remainder of " his life to the same objects, te which he hacl " dedicated all his former existence, the $aid John " Keogh, Esq. has thereby added, not te the con- " fidence of the Romati Catholics, which always " reposed in him, but te our gratitude, and to his " merits, and tp the just ai^thprity of his name, " Resolved, That the above resolutions be " inserted in the Dublin iPapers. "J. BERNARD CLINCH, See." The Halcyon prosj>ects, which Ireland entertain- Nature of ed from ithe change of ministers, produced numer- |„opose<[7o ows addresses, from particular bodiesor descriptions Lieutenant. of the inhabitants to the Lord Lieutenant. It must be allpwed, that mPSt pf them were monitory and significant. They cppveyed not to the seat of government the usual adulatory congratulations ^28 The Reign of George IIL 1S06. upon the mere circumstance of change : but em phatically referred to the political circumstances, under which the addressers (they had their loCal* »¦ ' * As the Catholic population of Ireland constitutes so de cided a majority of the nation, it becomes the dtity of the histo rian to bring before the public sach of their acts and seritithents, as affect the public weail. The individuals, who compose the ag gregate of the five millions,,, of which Catholic Ireland consists, will as naturally diflfer from each other upon political topips, as 5,000,000 human beings of any other description. But where • one common object occupies the wishes and ronzes the energies of the whole, their subordinate differences, as to the modes of attaining it, prove their sincerity and perseverance, which mu^t ultimately be crowned with success. This appears from the fol lowing resolutions bf an occasional meeting of the Roman Catholics in publin, which speak too intelligibly to need comnient. «' At a meeting of Catholic gentlemen, held in t)ublin, on the •' 3d of April, 1806. " Jaijies Nangle of Kildalkey, Esq. in the chair,'* - , " It was unanimously agreed upon, that as the parochial " meetings in Dublin have within these few days, appointed " agents for the purpose of preparing an address to His Grace '"' the Duke of Bedford, on the part of' the Catholics of the city " of Dublin exclusively, and of further superintending, on theh- " pan onlyj the concerns of the Catholic body. We conceive " it to be of much importance lo that body, that its nobility, " clergy and, gentry, its landed interest, its learned professions, " its merchants, traders and other inhabitants, resident in the " country parts of Ireland, should be likewise provided with 'a " mediuninear theseat'of government, through whiqh equally '' to express their sentiments, feelings and wishes, and by meaps *' of which to promote their respective interests. " The expediency of such a measure at' this present time, is " obvious. ' We do indulge in a well grounded hope, that the " laws, whichstiU affebt us, will, through tlie wise and beninnant Administration of the Duke of Bedford. 5^9 and peculiar feelings) felt themselves aggrieved, or ^soe. hoped te be benefited. A petition from the Catho- •' suggestions of our gracious sovereign, be taken into early cott- " sideration by those virtuous and illustrious men, whom he has " Been lately pleased to call to his councils. Experience has " moreover proved to us, that the superintendance of our inte- " rests cannot, with a view to their final success, and with a " due consideration of the good order. Welfare and prosperity " of the empire at large, be with safety entrusted to any others " among us, than those, who sljall include with them the most " attainable weight, talent and property of the Catholics of " Ireland. ; " Influenced by these considerations, we have formed our- «' selves into an association, in which we hope, shall be com- " prised the full respectability of the Catholic body. Its ;ob- " ject shall be earnestly, but temperately, to embrace every " favourable occasion, that may offer, to accomplish the removal " of those legal restrictions, under which we still labour ; a mea- " sure of policy, to which we fondly look, not only to produce the " amelioration of our own particular condition, but as the most " direct means of concentrating the resources, perfecting the " strength, and wielding against the enemies of the British Em- " pire, its unrestrained and undivided energies. " Resolved, That Counsellor Fitzsimon, be requested to act « as Secretary to this Association; ". Resolved, That our Chairman and Secretary be directed to " give intimation of our proceedings to the Catholic noblemen " and principal gentlemen of Ireland, and to request, their co- " operation. " Resolved, That our thanks be, and are hereby given to " James Narigfe, Esq. for his proper conduct in the chair. " Resolved,: That the, proceedings of this meeting b^.pub- " lished in the Evening Herald, and in the Dublin .Evening " Post. ^ ' " JAMES NANGLE, Chairman. « M, FltZSlkON, Seobetart," 930- The Reig^ of George IIL ^j^ lies of Newry, presented tp the Lord Lieutenant on the 1st of May, cpntained this manly ajtlmoni- tpiy language : " We ccn template, in this event, *' a sure pledge of ' that equal administration, " which has been the object Of car wishes, ,and " which lias appeared tp be the more rempvecl " frpiii us, as the laws to eur disqualification ha,ve " been, repealed. To those principles ef constitu- " tional freedom, of which your ilhtstrioas family " have ever proved themsdves, the advocates, we " aire devotedly attached. We revere the fititish *' constitution, and we hope from an enlightened " legislature, ain entire participation of its fiaii- " chises ; we wait this consummation of out " hopes. Meanwhile, under your Grace's admi- " nistration, we do ne.|;, fear, but we shall expe- " rience, that the relaxation of tjae^nai, l^\ys, " under which we and our forefathers have so se- *' vtjrely suffered, shall not have been in vahi. " Wliile the magistracy, the, arrny, places of " subordioa;te trust and profit have been madf dc- " cessible tc perspns pf our persuasion, we have " iseen a jealous and exclusive spirit, rendering " these ccncessicns nugatPry. Our ppPr, pur in- " dustrious labourer and mechanic, have been " made to suffer, under the partial exercise .of " ill-understood and ill-eKeeuted local authority ; ^* and having no other medium ef judging of the -.' spint of his Majesty's government, they have " been at times led to fear it was adverse to their ** happiness. , >W« bjCiss the Divine disposer of ^' pv^ts, that an a?ra more auspicious opens to Adminispiatien of the Duke of Bidford. 331 " our country, and to us. No longer shall we '^oe. *^ see pcwier abided, te the oppressioft of those, " for whose protection it was designed ; ftpr shall *' the character pf a Ioyal^=^eopie be misrepresent- " ed by thpse, who seek their debasemeht" The county pf Wexford had, pn the 10th of Reso'"*""™* .Aprilj come to a string of resolutions, in whichtyof wex- they expressed ttieir unlimited Confidence ingovern- tneflt to grant tliem redress, at the time, and in tlie qualified manner they should think best - " We place the highest reliance on the candour " and integrity of thosie great and distinguished •' characters, called at a tryittg and arduous mo- " ment into his Majesty's cPuncils, and we ccn- " template with pride and pleasure, a combina- *-' tion so ppwerful, of worth and talent, support' " jng the real interests of the country ; " Resolved, tliat in soliciting our emancipa- " tion, we have just reaspp to consult the wisdom of " government, and. not, by any premature or un- " timely agitation of claims, embarrass ministers " at this critical season." Their subsequent ad^lress to the Lord Lieute- t""^ "'^ nant expressed their confidence in his Grace's o;o- «' 'w^«'*<»"'« , .. ^ . . . . Clare, ami vernment for tlie extinction of religious animosi- others to, tieSj and a seasonable' participation of the benefits Lieutenanti fifthe constitution, with their Protestant brethren. The county of Clare,"* and several other hodies • At a meeting dli" 'the Catholics of the county ef Clare, at Ennis, oh the 31st of March, Mr. O'Gorman, though strongly recommending {plenitude of cohSilence in the liiinisters, held this •prudent and cautionary language: 'f Thijtighl would strongly 332 TKe Reign of George III. ^__^f^;^ of Catholics, that separately addressed the Lord Lieutenant, expressed their entire confidence in the necv ministers, and disclaimed any intention or wish to limit their assumed zeal in the Catholic cause either to time er measure. .^difrcssps Congratulatpry addresses came in frcm the dif- {rom oorpu- ^ • 11 r> raiion.sto fercnt cprppratipus ; all.pf one general tendency, ijenienant; referring tP the gpvernment ofhis Excellency's Par 'to tjieg''«indfather, and expressive ef national confidence Chancellor, -jj the name of Russell. The nation in general anticipated; from the spirit anil fortune of the Duke of Bedford a greater display of splendor and hespitahty, than had for m^ny years graced the " recommend confidence in the present administration, let me " not be understood to say, that our claims should be put ofT " sine die ; no, let us judge of the present administration fa- " vourably, biit let us decide on the evidence of facts only. No, *• I trust no Catholic will ever lose sight of this question : I " trust from the peer or grand juryman to the meanest peasant, " a sense of tbe justice of their eause will pervade all ; that day " and night it will be before their eyes. They owe it to them- " selves, to their country, to p<>sterity and humanity; I hope " (to use the language of one of our illustrious advocates) ther^ •• will'be no Catholic, who will not be of opinion, that the de- " pression of the body is not so much the persecution of a sec,t " as the tyranny over a people ; md to use the language of >• another illustrious advocate of the uuse (Mr. Fox himself) it " ought to be our duty to pursue this r^nestion in spite of every " temporary obstacle. Yet I would still sirongly recommend eve- '' ry Catl^olie (though an attachment in atiy administration to thc , " measure should enter strongly into his c»lculation in the sup- " port he gave them, and shpuld even fovfti the basis of that " support) to wait chearfuUy and dutifully ; be should recollect •• the strength and growth of the cause, andt;hat imprudence •' or intemperance could, alone endanger its ultiiiate success," Adminisiration of the Duke of Bedford. 33 Castle. The latter part of Lord Hardwicke's ad- 'so^- mmistration had been marked by restrictions in the viceregal expenditures, which wore the appearance of the meanest parsimony. They were usually placed to the acccunt of the oecenpmizing direc tions of Dr. Lindsay, the Scotch prelate of Kil dare. An address was presented to the new Chan cellor, Mr. G. Ponsonby, by the Munster bar, of which. he was a member, en the 10th of April, to which, the best return, he said, he could make, was a pledge of his constant endeavours to dis charge with diligence and integrity the duties of the great trust his Majesty had placed in him. On the 29th pf April; the gentlemen of the Irish bar met, in pursuance of notice, in the Chancery chamber, for the purpose of considering of an ad dress, congratulating the Lord High Cbancellof of Ireland pn. his apppintment tP that high jiidi- cial station. Mr. Saurin, as one of the committee for preparing the address, produced a ccpy of it, which was unanimpusly and instantly adppted ; and he then moved, that it should be presented by the Attorney General. Mr, Bethel iose and saiti, thatno man respected, more than he did, all offi cial and judicial authority ; but he begged it to be recollected, that, the address, aliout which there GPUld be but pne ppinipn, was the jiist and un- bought tribute of, the Irish bar; and that there fore it should be presepted in the must public, in dependent and respectable manner; and he in- , dulo-ed an ardent wish,' that he should see in the proce-ssion a man, who had deserved well of th<;, 3$i The Reign of Gmrge III. im,. bar. A man, who had= worn the Kiiig's gowa twenty-four years, and had truly worn it as' tibe mantle of honor and. independence ; -he meant John PkHl^t Curran* Mr. .Saurin tenadtpusly persisted in the address being presented b^.. tli« Attorney General ; and it was resolved,^ that Mr. Sherlock, the Father of the Bar, should waitioh the ChancelJor, to learn when he would he pleased to recei-ve it. Case of Mr. The conduct of govcmment to Mr. Curran Curran. fo}^|ns onc of the mpst myisteripus ami importarrt transactions of this short-lived admiiustcatiot, in as much as it deeply affected the jfeeltittgsj: in terests and reputation of one of ]dbe *eR)f- few pub lic characters, to which Ireland has unceasingly Ippked up with love, confidenoe and admiration. It is an act of national justice to draw aside the veil, and shew how her long tried arid: trusty friend and suppei'rer on all occasions, was in this inataaee treated. The Irish fairly appreciate the sincerity and good will ©f their rulers by their conduct to wards those, who cprdially espouse :the people's cause. Mr. Curran Opened his pplitical careei', by making his cpuntry's cause bis own. Upom; no occasion, under nc menajce, under no datjger, under no persecution, under no lure, no pi»mise,^ notemp- tatiptt, did he ever qualify his principles, moderate, his zeal, pt relax his energiles in the popular cause. y , • - , "V^ • Thus early ^nd shrewdly was j^ anticipated, that a parri- ciilal Teluctance existed some vifipre, to tiring those two rivals into public, contact. ' ' ; Adm inifiPiation qfti^t; Duke of Bedford. $ 35 ;In,i^ yearr 17,®, when ,a,tprrient ptfiJ^isrule anfl ^J^^\ .«^r,ru^tiqa;xvv^i^rbear/mg every thi»g hetore it, Mr. Ciirran .^asfi pne'; pf . the select band of patriots,* t^^hq.fprnifid ^jvirtuous connection to stem it. In jettlii^g aniipngsfediewselves^ tlieir prpspective ar rangement, it.rwasth^n o[>enly agreed upcn by ^J}e ;wh9le; party, Tthat: if any circumstances should aiise, .qn^er. which it might become honorabfy open tOithemtP accept of office, it shoiild be en jthe terins of Mr. G. Ponsonby taking the first, and Mr. Gunaa's taking the second place in the •cpurse of .the]v professipti^l advancement. That ¦pr^edency tPi.Mi'. Ponsonby was not tlien ccn- ceded frpm his swperipr, situation at the bar (Mr. - hsr of' that party, whp remained in Ireland. He He^sDsed-in fiill confidence, that the compact was still hi force ; and when Mr. G. Ponsonby had ilocepted. the seals, he expected, of course, to have been s^pjioirted to 4he, next attainable satia tion, which was the ;Ofi(ice of Attorney Genera!. ,It,wa«j in fapt, the only place in .the power of the 'J -111; '•'Itw.a^a^mall party, thpugh powerful in i-d'enf, virtue, &c. "The ijuke'of ,'Leinster, Lord 'Pon"son!'y, ,Mr. ^^/attaii, J\lr. (iisorge I^owonby, Mr. Forbes, Mr. Bowes Daly,.&c. 336 Tlie Reign of George III. JB06. new administration to vacate. From its official rank in the government, it was_ the natural pas sage to that place in the King's Bench, te which, as next in professional advancement, Mr. Curran was entitled under 'the compact to loOk up to. Since the final arrangement of the new ministry, he had been apprised by letters, from Mr. Grattan, Mr. G. Ponsonby hi'mselj^ and ethers in London, that his interest had been taken care of Mr. Ponsonby had inoreover communicated the same to a relation pf Mr. Curran's, then in Lpndpn; directing him tP inform Mr. Curran, that his place cf Attorney General was fixed ; consequently that his quitting Ireland would be useless. Ihe Rolls The Duke ef Bedford soon after arrived in *ntcurran. Inland, and Mr. G. Ponsonby, the new Chancel-' lor became, to all substantial purposes, the Irish minister. At the first meetings which was acci dental, Mr, Curran was assured by the Chancel lor, that his fr'iendi had not been unmindful of him, and hoped, that he would find every thing perfectly te his satisfaction. Within spme. few days, the Duke pf Bedfprd sent for Mr. Plunket, the then Attorney General, and assured him,, that he was not te be removed. Te M;r. Curran the fact was incomprehensible. The Chai.cellor left it in all its darkness;* fpr when they next niet^" * Sensible of the extreme difficuUy of verifying certain secret acts of the Cabinet, which are nevertheless highly interesting to the public to be known, the Author hopes to be justified in^his attempt to deVelope the system of governing Ireland, for sub mitting to the reader .sorne circumstances, vvhich were at that time not lightly believed by the few, who were the tjiost oh* ' Administtdtion &f the Dukt of Bedford. 3 37 (it#ai^ jigain by accident) hi« Lotdshif) wa^sJlent ^ Qti the sirl^Wct. The mystery began to unveil' it- servant pf, the passing evei^ts of that critical peripd.. He pretends not to possess any document, by whieh he can prove the full truth of the manoeuvi'e. He ahstains, therefore, froni mention- itf^ Mm^^. Art itttimate frifend' df tli6 tfieh AUoth^y Geliefa!,' *lio ^^W tei6w his I'^a^inessi to diiy^ wii-h lord Gretiviile sihtl Mr. Poasjin^i under, whose controiul and management the af- fairs.ef Ireland were likely to devolve, and wishing to secui-e for his friend t}»e important situation, from which he hoped to preclude His intended successor, exerted his influence upon the nif6ff 6f a V^^y f^^peC^abiy (li-^.late, noW A"b tiibi-e, so success- fiilillyj- Afe t-6 Viava in&tilled I'fit'o it all Bis- own prejudices against Mry Curran. He represented to the Rev. Prelate the ex'ti-etnfe danger of admitting tothe councils of the executive, and iiiyest- ing.with political authority the man of the people, whose rights he had sdways supported with such transcendant powers, and whii had idvt*('atieid th^ cJin^^ of thfe rtiast noted I'ebels with an' aiidoi* sOarife^y letJttipatiblte with loyalt^j That to nailie him to the ipipoftant ai)d confideatiajt situfattoti of his Majesty's Attor ney General, would be to let the enemy into the camp, and aur- j-ender the .system at discretion, The reverend prelate, though. for'm^rly rioted for his liberality 6f seAtiment, was electrified with thfe syuapsithies bf bis frierid, and was pefsiiaded t6 exert his watitiest effbrS with his brother in firlgSatid, vs-hose opinion in the tfab'met was supposed to have great weight. As soon as tbe course of the post would allow, these unfairrepresentations from Ireland Wer6 (SOflveyed cH/er the hfead of the Lord Lieutenant, and'lodged ift (he Hands of a rt6t)le rtifeitlb^f of the ^S'ntish cabinet, who permit ted them td iMe libthiiig by if-aHsihtssibti, artd iti a very short space of liiiieS i Vttp was puft Ufrorr the admission of Mr. Curran i'rito any sitUittioij (jf p61ilj(is(l fcotifidfeHeei or pOivei-, and something like a ¦^ei-fenJptoi'y^ rtiSridite Wa:& dispatched to Irelaiid, fo confirin lilr. f'lurfketi ill his situation. If tliis accouii't be correct, Mr, Curran. rt'ks sSfcrifleefd to fh^ irltrigu^s, of the secret cabinet, and \*ith flirti were giVen up the' principles of ihat party, which had'come into plolVfeir, upon the avowed undertaking to change tlie ^i'hole ' VOL. II. Z 1B06. 338 The Reign of George IIL ^306. self fr*m England. Lord Ponsonby, then confined in London by that sickness, which was soon to. terminate his valuable life, in a letter to Mr. Cur-j ran expressed indignation at the delay, which then had' taken plaCe in effecting the appointment of the office of Attorney General, as all others had been long settled. That letter Mr. Curran shewed to the Chancellor, but he received no explanation whatever. After a lapse of some weeks, Mr. Curran waited upon the Duke of Bedford, by his Grace's desire, and was then, to his utter asto nishment, apprised, that he was to be Master of the Rolls, as soon as the necessary arrangements should have been made. Mr. Curran had Wever before «een the Duke of Btsdford, consequently could net with propriety allude to any of the com manding features of that transaction, of which his Grace was tb be presumed, as ,in reality he was, totally ignbraut. Mr. Curran, therefore, respectfully retired, with an almost decided pur pose, to decline the appointment. It certainly was a direct departure from the compact with Mr. political system of Irelandv That Veto was put upon his appoint ment, precisely because he was the fittest, the only man in the existing circumstances, whq could, and it was well kno\vn, that he would fill the office, according to the original spirit of pa triotism, which had brought the party together. It is possible, that Mr Grattan may have been collaterally touched by thisf clandestine Veto. If it existed, it was concealed froni Mr, Cur ran, and privately assented to by those, who appear to have been called upon either to communicate it t6 the party alFected by it, ejr to sacrifice their situations to, the principle, upon which they had attained them. Administration of the Duke of Bedford. S39 Ponsonby, and was unaccompanied by any symp- ,\^"^ torn explanatory or sympathetic. The place itself was the last he could have wished for ; it imposed upon him a change of all his habits of life. It excluded him frem the gratification of any official share in the administration, which he then thought wpnld have consisted principally, if not altogether, of the tried friends of Ireland. To him it was a descent, not an elevation. He was over-persnad- ed by friend.s to forego his intended refusal. At his next {t\\aX too was a casual) meeting with the Chancellor, he was asked, if he had .seen the Duke of Bedford, with an official expression of hope, that every thing was to his satisfaction. Mr. Curran's "reply was, that His Grace's reception was certainly courteous. Even then, not word of ex-. planation from the Chancellor ; except that Sir Michael Smyth should be treated with on the sub ject of his resignation. Thus was Mr. Curran thrown from the honorable certaiijty pf ayirti^pus compact, te tbe precarious humiliation of a minis terial job. After many delays (perhaps unavoid able) the treaty tobk place, without the ptivity, and certainly not with the approhatien of, Mr. Curran. He was afterwards informed by the Chancellor, tiiat the arrangement was complete: that Sir Michael Smyth would resign oh the terms of receiving the retiiing salary, and also upon a promise by the government, that his Deputy, Mr. Hidgeway shpuld get a place of .i'b'OO a year, if any such place, should become vacant before the 55 th March then ensuing ; until which time no z 2 340 The Reign ^f George III. igoe. addition cou.ld be made 19 the pension list; and if no such vacancy should occur before that time, he shpuld then be 'placed oti the penision establish^ nient-fbr .d£'50Oja year for life; Md that a provi sion; :hy peasions, to th«^ amount altogether 'dP -£"300 a year;\Mfe iUd Engaged' tO' be made for three infeiiJiw officers of biis Hofior's cotrrt. Not a fe^llabld . ©sisaped! tbe GhanceH^^'S lips, which coiild lead Mr/Curranto«yppiiie hd was treatihg fo*- the pttr- 4:haseof a judicial' Office, kt the price of £'iOm, (the value of th^Ofed aitttttities) to be a'chargd on his pnvate fofftiMi. The mind CE^riftot be tortur-^- ed itttd an hypothesisj that thS ba're suggesti^ td Ml*. Ciuirart of such an iridignity would not hav6 been, repf Hed w*th disgust and cOhtetiipt.* • ,_* jNJtn.Curfwdi.d nottprobablyatihattime consider> tb%t th6 effect .flS -M^'-, Fox's devoting himself, a^.fai- as bis deditiiivg health would, allow,^ exclusively to the foreign departmept,.left LoriiGreu ville at tbe head ot tliat committee, which had been .sef-on foot'fo^'inSkna'giii'g Ihe'affairs and patronage of Ireland. That Mri Grattefe- (uhaecountably) h&d' no share in that admi nistration ; that Lord Ponsonby ( thati eMcellgiit Irishnnian, was. la bouring .unde^ a seriousdisardei-j and therefore either decli|^d| or was hot invited -to take a part- in it. That Mr. Curran himself had unexceptionably knd powerfully both opposed and exposed-thef rrieiSores'of thfe Mkfquis'of Buckingham's adriiihis- trateoiti atufe thftsff of eveiry siaccfessive- governor (except Lof^ FLliz,willij[yiji;}; ,\j-hoj uiidep lYlr, Piu'n system had driven the coun* try to it%present situation, , That in evej-y part of that syste'i>)< Lord GVenville, had .zealously co.-operated, and in sonie (particu- ".^^ai'iy ih resisrtirig tbrd Moira':; patriotic efforts to detect ahusp^ aiid enornuties) had e ten Oiitsleppfedhi* colleagues. Lord Sid- .Huautb was doutefy.' pted^ed to keep oh that system- in Ireland*. Adminikration (f the Duke of Bedford. 34 1 Sir Michael ¦ Sinj^h at length res^iied, and five J**^^ What wonder then, that saih a cabinet should inlrigute' to *!eep . ' ^ oat of Parliament, to seclude froni .Sll political influence, to close the sQUfc^ wn ; the Catholics not, relieved j the. Royal mind poisoned, in an un constitutional manner ; Ireland robbed (na. matter how plausi bly)) of the transcendant powers of her trusty adv.ocate at the h^x and' hi the senate; and maiikind deprived of the invalu able treasure of Mr. Corran'a flights of eloquence, so peculiar- Vvern- nt 342 The Rdgn. of George ILL ],eo6, months after Mr. G, Ponsonby had accepted the seals, Mr. Curran came into office*. Spirit aM As it was not on this change of ministry the "rirlsh" wish or intent ef government to meet the rising af- ^ fections of the Irish people, they thus artfully placed their friend and ¦trust;y advocate in an ho norable elevatioi^ ifrpm which be might view and cpntemplate, but cpuld npt interfere with the dis- ly suited to lay the maddening rage of the present political ' 6t6rm ; can it refuse assent to the overpowering inference, that. Mr. Curran's forced elevation into silence and inaction, was craftily effected by those, who shrunk before his pre-excellence, dreaded competition, and trembled at his unconquerable deter- ¦minatiort to put.down the System. ¦ In consequence of Mr. Curran's appointment to the situa tion of Master of the-Rolls, the most numerous requisition ever known was sighed and presented to Mr. Sherlock the father of the bar, for the purpose of convening a barmeeting, to take into consideration an addiess to his Honor on his late promotion. His talents were too transcendent, his sph-ittoo independent, his prin ciples too Irish, not to haVe enemies, who would openly oppose this just tribute to his splendid genius and unrivalled fame. The notice of the intended meeting had no sooner been published, than the prominentsupporlers of the syslem, set every engine to Svork to prevent, embarrass and defeat so criticEtl aq appeal to the virtue and independence of the, Irish bar upon the brightest ornament of thtir profession,' and the staunch an^ incorruptible 'friend of their country. On the 7th of July the meeting took place; consisting 6f 250 gentlemen of the bar, of whom 180 only chose to divide. Of these 146 voted for the addfess; 34- opposed it. The is an honest industrious man, *that has often suffaed great in- 350 The Reign of George III 1806. jury, but has been totally ruined within this. week. past. It was therefore useless for him to make ap plication for redress ; for gevernment was consi dered as encouraging these-proceedlng.s for politi cal purposes, which was evidently the case* But from the great providential change, that has hap pened lately, and from the censideration,t that no wise policy can direct the adoption or enceurage- mqsit of such a measure at present, I new begin to think,, that, the hien,. whp have been ruining this country by fire and sworcrif//e.fe ten years past, would now experience a check. This poor man is a hatter by trade, and lived by his honest earn ings, and was every way independent; for he was , out of debt, and had saved some money. But on last Saturday night, which was4he meeting night of an Orange Lodge, this banditti, who are ge nerally yeomen, and armed, came to his lioi^se, when he and his family were, in bed, and setting fire to the house, which was a thatched cabin^ burned it and all his property to ashes, except. what was carried upon their backs ; they fired se veral tfeoies at himself and wife, who both provi- denti^dly escaped with their lives, \^hich' are all, that now remain to them ; for their wearing appa--' rel vvas also destroyed. " I request you will be so obhging and charita ble, as to give him instructions how to be redress ed. The magistrates, I know, ought to be ap plied to in the first instance ; but this measure will be unavailing; for the magistrates abetted these proceedings from the -beginning, and this man Administration of the Duk& of Bedford. 35 1 lives in the county ef Armagh, and accordingly rsoe. not within the limits of your jurisdiction as a ma gistrate; hence your charitable advice is all that is wanting, which I am convinced yon will not re fuse to give. His situation in life is too humble for his address to government to be attended to with effect, when the men, against whom his charges would be directed, are of some importance as having authority, and there is no good to be ex pected from any magistrate except yourself in such a case as this. I have the honor to be with senti ments of esteem and respect. Dear Sir, Your most obedient Servant, HENRY CONWELL." Mn Wilson learning, that O'Neil was the bearer of this letter, questioned him minutely, as to the particulars of the outrage committed against him. His detail induced Mr. Wilson to lend his assist ance towards prevailing upon some Armagh ma gistrate to take his examination. O'Neil had as sured him, that he durst not apply to any of the *Armagh magistracy, lest his application might come to the ears of the yeomen and Orangemen, which weuld .be attended with the certain loss of his life. He added, that, he was persuaded, there was not any Armagh magistmte, who would take his deposition. Mr. Wilson appointed O'Neil to in.-y. him' in Armagh upon a given day ; when the tusi Tj-.a-; rate, to whom Mn Wilson applied to iscc- fhe Reign of George IH. fake his infotlriations, ' fhoUgh he lived near' to O 'Neil's late residence, atid though ten days had elapsed since the burning af th6 lipiise, yet he de-' clared hiiliself totally igfrdidrtt of the matter, and decliued acting in it. He hpwever advised 0''Neii, as the most efficacious iliode of proceeding, tO' ap ply at once to the assistant barrister, who was then holding the sessions, as \i6 was assured he would take instantaneous means to lay hold of the iiiceii-" diaries; but before the poor than could get the de position written out, the barrister had left th? court. Mn Wilson spoke to a fesident magistrate in Armagh, to take O 'Neil's 'examinations ; and when O'Neil went to him for that purpose, he was turned out of doors, atid threatened to be kicked •" that magistrate- declaring, he could not take exa minations against his particular friends, the Messrs. Vernen Mn WilsOn having failed in his endea vours to procure ©'Neil's complaints at-tientled to itt the regular course of justice^, complied with his re quest to rrariSmit his memorial to government, aiid enclosed it ih a letter to Mn Secretary Elliott, dated oii thc 30th of April 180&; in which amongst other strong truths, he said : " I have taken great ]>ains to satisfy myself as to the truth of what is htated-ln the enclosed papers, and from a thorough enquiiy into the ciiaracter of the unfortunate sub ject of tiiem, I learn, that his only crime is that of being a Roman Cathofie: a Crime which, in th6 minds of certain men, makes him utideserving of the protection of the laws. It is with great con cern I feel myself waiiaiited to (leclare, that where Administration of the Duke of Bedford. 353 an Orangeman and a Roman Cathplic are concern- '^oe. ed, a most disgraceful partiality in favour of the former governs the proceedings of nine in ten ef the magistrates in the part of the kingdom I reside in. Anci I cannot conclude this letter, witliout broadly and distinctly declaring, that, if the sys tem with respect to the Roman Catholics be not materially altered, and that if the Irish gentlemen (the magistrates particularly) do not adopt a very conciliatory conduct towards them, there cannot exist a hope of cordially attaching them to the go vernment ; and sure I anv if-they were properly and humanely treated, their hands and hearts would unite to support British independence." He added, that if his Grace should think, that a per sonal conversation to explain what could not be thoroughly done by letter, would forward his be nevolent and patriotic objects in this kingdom, he wbiild instantly obey his Grace's commands by re pairing to Dublin, / To this letter he received the following answer : Richard Wilson, Esq. Owna Lodge; Mr.EMiot's '¦ ° letter to Mr. Wilsoa. Dublin Castle, May 5, 1 806. " Sir, " I did not fail to take the earhest opportunity of laying before the Lord Lieutenant your letter of the 30th of Apt il, together with its enclosures, and I have received his Grace's commands to in form you, that his Grace has instructed Mr, Ser- 2 A 354 The Reign of Geqrge III 1806. jeant Moore, ene of the law officers of the crown, '¦"'"'^^ to repair without delay to the county of Armagh, for the purpose of investigating fully the circum stances stated in O 'Neil's deposition, and te make a special report upon the subject for his Grace's information. *' I cannot conclude without making my acknow ledgments for your communication, and, I flatter myself, that the arrangement, which liis Grace has adopted, will save you the troiible of a journey to Dubhn. I have the honor te be, &c. &c. WILLIAM ELLIOT.'^ t'.i iuveati- U'Neil'r euse /f>mmission AVithiiT somc few days after the receipt of tiiis ife" letter,, Mn Serjeant Moore, accompanied by Mr. Hamilton, Solicitor for the Crown, arrived at Owna Lodge,, declaring, that he had the commands of the Loid Lieutenant, fully to investigate the whole of ^the subjects contained in the letter to Mn El liott. After much conversation, they both as sured Mr. Wilson, that incorrect as he had stated ffie conduct of those magistrates te be, yet the conduct, of the magistrates was infinitely worse in almost every other part of the^ kingdom. Soon after, Mn Serjeant Moore in the prosecution of his commission, proceeded to Armagh, and thence went into the neighbourhood, where the offences had been committed. On his arri.'al, he sent for the elder Mn Verner, saying, that he conceived, this, in delicacy, was due to him. To him he thought tit, to intimate, that, as. he did not know how to Administration qf the Duke of Bedford. 355 get- at the evidences he wished, to examine, he ^^^^• hoped Mn Verner would put him in the way ef coming at the trilth. Immediately Mn Verner expressed his iseadiness to send his sons, (the two persons stated by O^Neil as heading the incendia ries) to l&ri¥ig forward the' people, whom O'Neil' ppiirted out as>able to cori»oborate his deposition. The evi'd'ehces Were brought forward' by the young Messrs. Verner; but he could not get any thing. out of them, (af^er the most strict examinatipn), Whicli cpuld tChd tPwards the criminatipn of these- g^htleWieni The hou-se certainly was burned ; but- the incendiaries coiild not be identified. It was true, the twoyOlingMessi's. Verner were there, but Ohly as spectators, aftier the house v^-aS destroyed ; but nefhiiig a^ipSared to juistify an opinion, that ei ther ef those o-entlemen was concerned in the out rage. t Mn WilsOn made some observations upon thisDifierence singular mode of probing to the bottom such flagi- Mr'^str- ribfis transactions; to consult with the fatiier of-i^''JJ,'pa„j the supposed offeiideis,- and employ the offenders ^"^^ ^''""'• to cblleet evidence to bring themselves to the gal- lb v\?S; addiiig, that if lie left the country with tliis sort of investigation, it vvould have been riiuch' better, if government had not paid any at tention to his c'oinhiUhications. This opinion was more pointedly expressed by Dr. Conwell. Mn Seijeant Moore appeared' highly irritated at the re flection'; and- asked Dn Conwell, did heWaiit him to thrust the two Messrs. Verner- into goal? If he did, he certainly was mistaken, but, that he sup- 2 A 2 356 The Reign of George IIL ^2^^' posed was the only thing, which could satisfy hfm,^ To this Dr. Conwell replied, that he by no means wished for any thing, but such an investigation, as might be the means of permitting his poo#. people (his parishioners) to live in peace ; that it was well known, that the inhabitants in Mr. Ver- ner's neighbourhood stood in such dread of tha* gentleman and his j'eomen, and his Orangemen, that they would not dare te state any thing, which coukl affect him or his party. During the three first days after his arriv-al, Mr. Serjeant Moore communicated freely with Mr. Wilson, and ex pressed a wish and determination to get at the bot tom of the flagitious affair, and bring every ene concerned in it to condign punishment. After his interview with Mr. Verner, his conduct towards Mr. Wilson became altered ; he was cold, distant and reserved. Although Mr. Wilson had been present at the first examination of O'Neil and his wife and others, he was not suffered te attend any of those examinations, that were taken after the Verners had been with the Serjeant. Mr. Wilson wrote to Mr. Elliott on the 12th of May te inform him, that Mr. "Serjeant Moore had taken unwea ried pains to get at the bottom of the business, and that their sentiments had been in perfect uni-, son on all points, with only one exception, as to -the mode of getting at some of the evidence. Mr. Wilson Some days after the receipt of that letter, Mr. loinibim. Elliott sent for Mn Wilson to Dublin. At his first interview vfith Mr. Elliott, he was introduced to the Chancellor, and having been desired tp make Administration of the Duke of Bedford. 357 his statement, he began with expressing his regret '«06. at the unfortunate difference of opinion, which """^^ ' latterly subsisted between Mn Seijeant Mooic; and him, and vvhich suhsequent consideration and en quiry had not at all removed. He was stopped shert by the learned Lord, who earnestly declared, that, Mn Serjeant Moore's conduct, in his jour ney to the North, had met zvith thc tnost unqualified approbation of government. This anticipating de claration, convinced Mr. Wilson, that government's attending to his communications was to amuse, not to investigate. He however remarked, that it was a very novel mode ef investigating a most fla gitious crime, by applying to the parties accused to collect evidences to convict themselves. Te this the Chancellor replied with encreased energy, that Mr. Serjeant Moore's conduct entitled him to., and possessed the zvarmest approbation of govern ment. Mn Wilson made some, observations on the state ef the magistracy in his part of the coun try, and the Chancellor asked, how he proposed to remedy the evil? Mn Wilson rephed, that the only effectual mode would be; by issuing a general ne\V commission. This would no*; give any par tial offence ; and care afterwards should be taken not to admit any improper persons into it. His Lordship rephed by a s.mile. This ended his per sonal communications with government. He after wards found himself under the necessity of conti nuing his written correspondence : the ultimate re sult ef which lamentably proves, the unvvillingness of government to listen to, and th^ir reluctance to S58 The Reign of George IIL yf^^tj correct any abuses, that can be brovight home to the Orange predominancy. His perseverance grievr feusly annoyed the new govern ment. Mr-. Wilson On the l'2th of July he wrote to Mr. Elliott a Mr. EiiLf. letter, in which he thus questioned the Secretary, as to the results ef the commission, which strongly affected the interests of a great body of the people. *' Have O'Neil's injuries been any way redressed ? *• Has he even received a ccmpen^ation for the '*' ruin of his property and his personal injuries? '' Have the aggressors (be they who they may) ^* been put in the way of punishment? Has a ** single step been taken te prevent future aggres." *' sions against ihis harassed, this ruined man? ** Has a .symptom of amelioration, a jprospeet of ** pretection (since Mr. Seijeant Moore's visit) ^' been felt or held out to the persecuted CathoT '* lies, save what my ccnfined and unsupported ** power afforded them ? I am grieved to say, I ^' fear I myself can reply to all these qwestions \r\ >' an afflicting negative," In that letter he ap plied te Mn Elliott for a commis.sion for the county ef Armagh, as well as for Tyrone, in or-: der, as he stated, te strengthen his efforts in tran-r qiiiilizing the country, and give effect to the laws, as he was separated from it, (Armagh) only by a river, which runs through his grounds ; its conti-. guity enabled offenders to escape or collect a party, which set him at defiance, before he could get an Armagh magistrate to back his warrants ; the nearest being five miles distant from his place. This letter was followed up by a second within a Adminisjt^raiion of the Duke qf Bedford. 359 fortnight, occasioned by a grievous assault ofa body ^^Jl^ of about 500 Orangemen on the pea'sonof Mn Wil son, who almost murdered him, on their return froma public lejoicing given by Mr. Verner on the acquittal of his two sons. On the 20th July 1806, Mn Wilson, whp had '^¦''Wiison -» ' writes to been referred by Mn Elliott to the Chancellor iii-M.'.Poa- stead ef him, foT a commission of the peace for the county of Armagh^ apprized his Lordship by letter, that since tiie disgraoefiil outraufe commit- ted against him on the l2tli instant, a second at tempt had been made upon him en the preceding evening ; but the darkness of the night, and the assassins having had reason to believe, that he had already escaped them, united to save him. Seve ral of them, as well as the Orange outragers of the 12th were known. For his own part, he should not move ; but if government were disposed to take up the business in the grave and solemn manner its importance in a national point of view, so imperiously demanded, he was ready to afford all the aid in his power to give effect to its exer tions ; he was however to hope, that if govern ment entered into an investigation, it would be carried en by persons possessed of vigour, peispi- cuity, and indqjendence of mind. Five weeks had elapsed since Mn Elliott replied to Mn Wil son's information, famenting that disorderly and tumultuous transaction,- and expressing his inten tion of laying ithefere the Lord Lieutenant. Mri Wilson in consequence, wro-le one more ^^•',^^3^'™ letter to the Secretary, which referred- to several J°Jj[.'- '''" 360 The Reign of George IIL J^^- documents of abuses and atrocities committed hy. Orangemen on the unfortunate Catholics in his neighbourhood, wliich he had transmitted to go vernment, but which h^d remained unnoticed. He thus strongly expressed himself (for the last time) to the Secretary. '' I have much important " matter, independent Of what relates to myself, 5' that pught tP be submitted tp gr^ve and delibcT " rate cPO'sideration. When I perceive governr -?' ment disposed to afford that tp my cpmmunica- .'' tions,.! will cheerfully, but personally, detail " them. In the mean time, I am tO pbserve, that *' I am prepared to prove, that the laws (as I in -" my first l,etter tp ypu, intimated) are most par- " tially and carelessly (I wish to speak mildly) " administered with regard to thp Roman Catho- " lies ; that I have instances, within these few " days, pf rpbberis, assassins, forgers of bank 4 " noteSj and public disturbers being prptected j " and their prosecutor^ frightened from following , '' up their cpmplainti? : also of examinations being " either secreted by those, who ought to, have. -" brought thern forward, or withheld from the " clerk of the crown ;!pr, if given to him, his -," being prevailed upon not to frame bills of in- " dictinent upon them- AU this. Sir, . I am pre- " pared tp : prove, and c^ll uppn gpveri^men,t ta " put me tp the prppf." In his letter to tlie Chan- pellpr, he had hinted., that there vvas an idea ra ther too prevalent with a great ps^rt of die pubhc, that, goveroment was either nnable pr unwilling tP protect the ppprps.sed. The subject of Mi'- Wil- §on's letters tP Mn Elliptt, arid the Chancello:?-;, Administration qf the Buke of Bedford. 361 turned evidently upon important (perhaps not gra- 'soe, cious) matten It is however worthy of observa- '^""^'^ tion, that his letter to the Chancellor, which bears date the 20th of July, remained unanswered nearly two months, which (including October) are noto riously the months of the most leisure to the Chan- ceflor throughout the yean His Lordship how ever at last condescended to give him the follow ing answen •' Richard Wilson, Esq, Owna Ledge, Theci.an.cellor's let ter to Mr. " Ely Place, Sept. 6, 1806. ¦^''"'^""'- f' Sir, "I am very sprry, that a pressure of business, which could not be postponed, has prevented me fi»m sending an earlier answer to the letter you did me the honour ef writing to me in July last,- That , pny attempts should be made at assa.ssination must be a subject of the deepest regret; and will, 1 am sure, excite in the government the inost anxious tlesire tp detect and punish those, who are guilty of them, and I hope, that no description of his Majesty's subjects in Ireland will ever have reason to consider those, tp whom he m^y jje plea.sed to delegate his authority, as eitiier- unable or un.wilr ling to protect them. With respect to the admi nistration of the Duke of Bedford, I can most confidently affirm, that there never vyqs arid never will be in this country one more sincerely disposed tp protect with vigour and impartiality all its inr ll^bitants ; and thq.t; whoever shall violate the lavvs;. 362 The Reig^ of George IIL XS06. >vill find his Grace both willing and able to vindi cate their authority. " The application, which you liave been pleased to make for a commission of the peace for the county of Armagh not having beeri seconded by the recommendat'on of the governor, er either of the members for that county, or of any resident privy counsellor, I am under the necessity of for- beaiing tP ccmply with it. " I have the hpnpr tP be, &c. &c. " GEORGE PONSONBY, C" Mr. Wilson Tliis auswcr cf the Chancellor was a dignified commiTston insult tP Mn Wilspp, Hls actual commission for forArmagh. 'jy^one supersedcd any call for a recommendation of his fitness to be a magistrate fbr an adjoini^ng county within some few yards. There was then no resident privy cpunsellpr in the cPunty pf Ar magh. The governor resided in England, and the members were absent on their military duty. The application was however , made through a, priyy cpunsellpr, the secretary to the Lord Lieutenant?*. * In order to place the whole conduct and treatment of Mr. Wilson under the reader's eye at one view, we shall anticipate some facts, which will enable him to read most distinctly the identity cf spirit, principle and action in the three successive ad ministrations (Hardwicke, Bedford, and Richmond,) under which he acted sis a country magistrate. The notoriety of Mr. Pon- spnby's refusal to arm Mr. Wilson with a commission for Ar magh occasioned more outrages from the Oi-angemen, than had before diigraced that neighbourhood. The facility of escape from Tyrone iiito Armagh, where they were sure of impunity and pro- Administration of ihe Duke of Bedford. S6§ This refusal of the Lord Chancellor te extend Mr. ^1!°^ AVilson's cpmmission of the pea,ce to the county of tection, multipliei] and .emboldened offenders. Soon after .the change of ministry, that is, on the iflthof .]\Jay 1807, Mr. Wil son in conseq.uence of several fresh atrocities havi,ag been com mitted on the Romaj;! Catholics of his district, wrote to the nevv Ch?Lncellor Lord Manners, " to point out the necessity ofa strict •' enquii-)' into the abuses and evasions of justice, which existed *' in that quarter of fhe kingdom (,aod he also feared in every . " other pai-t ot'it.*') He ej),closed authenticated stgitemeiits of ii)e particular eii,orniitie?, which remained unpunished and coun tenanced. On the 2d,of Ju,ly, Mr. Lockwood the Chancellor's Secretary, answered the lettei; by returning the papers, which, he saidj did tiot calf ifpon his Lord&hip iti hi$ official situation as Chancellor tq give , any dir.ediqns fibniit, and tli.at the Ch3,ncellor desired to lie relieved fipin anyfutlher correspondence io\ the subject.. .On the next day, (3d July J 807) ]Vfr, Wilsoii was formally put oijt of the commi^^lon of the peace for the county of Tj^rone by a regular yerit of sapersedetis. As to the continuance and progress of the system ii> Tyrone, Mr. Wilson's letter, published in the JEv,ening Hei-^ld, sp lately a,s on the Uth of January 1811, wiU speak vvitf) more authentic po.ijfit, than any collection of interme diate fleets, however numerous and atrocious. " TO THE EDITOR Of THE EVENING HERALD. " Sir, "'The' spirit of impartiality and patriotism, which appeared to govern your paper, induced me, formerly, to give it the pre ference of such publications as the infatuated policy of govern ment compelled me to bring forward. The same opinion, and the same cause, occasion the renewal of my con-espondence ; yet, I confess, Idoso^vith some little hesitation, having observed, that for more than three years, the wretched state of this part of the kino-dom has scarcely ever been the subject of your notice, al though it appears to me next to impossible, that the various act? of atrocity, which are almost daily committed in it, should not 5^4 Tlie Reign of George IIL ,J^"^ Armagh, which was within a stone's threw of his residence, and in the heart of a district of abuse have reached your ears. Be that, however, as il may, I shall endeavour so far to interest you, (by vttty of adverti^en>ent for a moi-e lengthened and distinct detail, which I intend to publish, as soon as the unhappy situation I am placed in, will permit me to commit it to the press) by observing, that the district, in which 1 reside is now become literally a scene of blood and devastation .' That the most' barbarous and unprovoked murders (" unpro voked," except by the victims being Roman Catholics) are per petrated, xt)ithout distinction of sex, or consideration for youth, beauty, or innocenoe ! That so far from Orangeism declining amongst us, it is, if we may judge by its fruits, hourly gaining strength in Cruelty and audacity ; insomuch as nearly to bring a blush upon the cheeks of some of its less bigotted supporters I With regard to myself, life excepted, it has left me nothing ! and ihat has hitherto been prevented, only through a generally re ceived opinion, that I will sell it dearly f I have been thrice at tempted to-be assassinated within these last eighteen months ; once, indeed, nearly murdered; for which two of the assassins were punished by an imprisonment of three months; for which punishment I am to acknowledge myself indebted tothe interle- rence of Lord Northland, and his agent, Mr. Armstrong ; as, from former experience, I have good reason to believe, that the de linquents would not have even been put in tbe way of trial ! They are now, however, again let loose upon me, and since their li beration, are continually, one way or the other, persecuting and plundering me-! Public subscriptions were oj)ened by the Ben- burb Orangemen, for the purpose of defeating my claim to a small compensa,tion, which the Grand Jury voted me, " on ac-. count of the burning to the ground a rapge of ninety feet of fme offices, (the lofts filled with hay) in the course of the suninier of 1,809." In justice to six or seven of these men, (who, I under stand, qre not Qrangen^en) I must observe, that they refused to give the sanction of their ns^n^es, saying, that " they would ra ther subscribe to obtain me a conipens^tiqn, than to deprive me (,/t' one, knoivmg, (ts they did, hovy basely 1 had been used and Administration of the Duke of Bedford. 8G3 and outrage, speaks no very ardent desire in Mn> ^^°^- Ppnspnby to revise the magistracy, or correct their plundered. "_ Not wisliing to make an ungrateful omission, I forbear mentioning the names of such of these men as 1 just now jecollect; but when I learn the whole, 1 will take care, that the .public shall be acquainted with them. In the name of one of the, greatest of villains, a traverse was brought forward and supported by three others of the gang ; (one of whom generally believed to be the incendiary) but though the jury was perfectly well dis posed in their favour, yet such was the inerrability of the evi dence, it was obliged to give a verdict in my favour, but only for a fpurth part of what the Grand Jury had previously allotted me, and not sufficient to pay the expences of the presentment; and not two hundredth part of my actual losses since I resided in Owna Lodge ! The opinion of the justly eminent person, who presided as Judge, was pretty clearly sfcw, h6t only with regard to the verdict, but also, with respect to the conduct of acenain officer, in the business of the traverse. All this, at the proper moment, I will lay before the public; but for reasons of pru dence and delicacy, I must just now decline farther allusion to that officer, as I mean, as soon as I am enabled, to produce him before a legal tribunal, for other acts of atrocity towards me. Within these two years, three of my best farm-houses have been- burned to the ground, and two more racked to pieces, with the farms laid viiaste. My own house has been repeatedly altacked., and is, at this moment, nearly in a state of ruin; several acres of plantations ha*ebeen ^Am-e destroyed, and, of course, as often renewed ; all the timber upon my little estate, cut down and car ried off"; a fine young orchard also, cut down ; my gates and fences stolen or broken down ; my demesne made a common of by the set of villains, who surround me; my servants beaten and insulted, whenever they venture abroad upon my business ; people, who were to work for, or otherwise serve me, threatened if they would enter into iny employment; 1 myself repeatedly dragged to goal, not for debts of my own, but, once for another man's, and twice by people who, so far from owing them any thing, wer? considerably indebted to me I a conspiracy of ^ome s»l 366 T'he Reign of George III. isofi. abuses: however strongly this had been promised by the new ministers, and was sanguinely expect ed at their hands by the sufferers under magistra- fical oppression. cbn»e- j'oi- the better developing the system of govern- that lofu- ing Irelandy it has been necessary to retail the con duct of those metv towards Mr. Wilson, who were possessed of the means (had the will accompanied of my own tenants, stimulated by Iwo villains of attorneys. As' to the truth of almost the whole of these calamities, I can pro duce the evidence of the two highest personages in the kingdom ;, and also, for my unwillingness to bring my case befoie the pivblic. Their reasons for obliging me to db so, they may pos- s'ibly, one time or other, be called upon to explain. " I have already obtruded too much upon youi paper, and therefore will hasten to a conclusion; but 1 must first desire leave to ask, if there can now be any reason to doubt of the mo tives for removing me from- the magistracy? Were they not ' founded upon my administering justice with impartiality, rigour, and incorruptibility, with regard to the Orangemen, and for en deavouring to protect the wretched and oppressed Roman Catho lics from their barbai-ilies ? Let my •*»••••*•• airswer this, if he can, and account, satisfactorily, for refusing my repealed en treaties " for a knowledge of the ground of my removal." And here. Sir, I would suggest a question for the discussion and deli beration of hi,s Majesty's Council and Parliament , (il must nut bu presumed to be agitated elsewhere) " When the people fnid their appeals to-justice disregarded by their rulers,- is there not more than a probability ,that they will appeal to eacA othei; and may not this dernier one, be attended with consequences rather hazardous- F" " As one of tbe people> I take leave to express my gratitude' for your exertions in behalf of oppressed Ireland. " R. WILSON.", Otuna Lodge. Administration of the Duke qf Bedford. 367 them) ef purging the subordinate! magistracy of ^J^^^ t^ie practical intollerance, bigotry, and corruption, which necessarily set the harassed and aggrieved peasantry against the law and the government of jheir country. Whatever time a general revision of the magistracy, and a reform of its abuses may have retiuired, had government sincerely taken fhe Herculean task in hand, could not justify the ini- version of every principle of revision-and' reform ia the particular instance ef the Tyrone magistrate. The bread-historical fact is, that for many months after the accession of the new administration, the magistracy remained in the same state, in which it had existed during the several preceding admi nistrations. It was impossible therefore, that the oppressed and afHicted peasant should expect mercy and justice' from the hand of his oppressor and torturer : and such had he too long found the Orange magistrate. Immediately througli him had the atrpcity of the system been' inflicted upon the mass of the population ; from him did they take their ideas of the executive government of the country ; for the country magistrate was the only man armed with civil authority, with whom they ever came into immediate contacts In proportion, as the leading Catholics attempted to reconcile the feelings of the body to the suspension of the great question of their emancipation during the first ses sion' ef Parliament, so earnest were they in assur ing them of the sincerity of their friends in power to put every thing, in immediate preparation for bringing it forward in the proper season with ef- S6S The Reign of George III. 1806. feet, and in the mean time to realise their fonde.st expectations of being redressed in every gnevancfe short of the application of that grand panaccea. Fe(;iingsof As long as the persuasion could be kept alive, licsoiTthe that the Irish government was actuated by the Spi- ^sTraito^^ rit, and directed by the councils of Mr. Fox, s(^ long, and no longer, did the mass of the Catholic body look to redress with some degree of confi dence. The circulation, rather than the publica tion of the contents of Mr. Fox's letter to Mr. Ryan, helped to keep alive that impression longer, than it otherwise would have lasted, from any judgment, that could be reasonably formed from the conduct of the new administration in Ireland. Something however was to be attempted, in order to keep up a delusive appearance, that the Bedford administration moved upon the pivot of Mn Fox's principles. .During the whole Summer, the health of that liberal and enlightened Statesman, the value of whose life te the British Empire and to man kind was unknown* and incalculable, declined so rapidly, that he was unable to attend with his usual energy to the pending negociations with France. To prevent the despondency, which his inability to advise and direct, would have naturally diffused through the thinking part ef the community, the real state of his expiring powers was suppre.ssed from the public knowledge, till deception could no longer answer its own views. He was never, in • If ever the words of the poet could be fairly applied to a statesman, Mr. Fox was that man, Vitlutcm incolumem odimus; Sublatam ex oculis, guarimus invidi. Administration of the Duke of Bedford. S69 fict, apprized of the checking and irreforming 'sog. conduct of those, to whom by his own consent- the management of Ireland had been delegated, which to -the nation at large ai)peared rather calcu lated to redintegrate the oligarchy, which Lord, Townsend had destroyed, than to put down the multifarious influence of the Ca.stle, which had sprung out of its ashes, and had become the cor rupt engine of establi,shing the system of Mn Pitt. The ears of the Chancellor were daily assailed Mr. pon. • 1 r 1 I • ¦ , 1 . . snnby sets With reports of the disappointmenj; aud dissatis-about re- ,¦ • 1-1 1 ¦ • 1 1 . , 1 • forming the faction, which every where prevailed at the conti-magistiK^. nuance of the old magistracy ; not one of whom had been superseded, although Mr. Ponsonby had received the Great Seal fir several months, and had taken no steps towards forwarding the refiMin of the magistracy, which depende'd solely upon his own will and pleasure : yet the revision of the magistracy had been always consideied as the test of sincerity and good will, iu the new iniuisteis, to the Catholic cause, and the welfare of Ireland ; it had been prouiinently displayed, frequently re iterated and (/xplicitly promised by Mn Fox, in his letter to JNlr. Ryan. The northern abuses had been brought to ail open contest between Mn Wilsqii, the Protestant magistrate of the county of Ty rone, on- behalf of the Catholics, on one side, and the combined forcesof the Chancellor, Mn Secretary Elliott," Mn Conimi.ssioiier Serjeant Moore, INIessrs. Verner, and their numerous aux- voL. in 2 b 370 The Reign of George LIL 1806. iliarie.% on behalf of the Orangemen on the other, of which the final issue has been already detailed. Oxford Xhe Wexford magistracy had been for several anij Carlow _ . "^ magistrates, ycars prominently oppressive and obnoxious to th^ people : and with these Mr. Ponsonby commenced his revision and reform. He advised vvith a Ca* thoiic gentleman of respectability and confidence,'* who was a native of, and well knew the interests and feelings of that county. He asked him zehat zvould please the Catholics ? The answer was breaking some magistrates and making others. At the desire of the Chancellor, he then mentioned some Catholic gentlemen of that county, whom he considered eminently qualified to be put into the commission ef the peace, and his Lordship wrote down the names of nine persons, to six of whom,! * Edward Haj', Esq. Secretary to the Catholics of Ireland. -|- Amongst these were John Breen, of Tagmon, Esq. and Philip Hay, of New Ross, Esq. Some months after their ap pointments, these two gentlemen wx're formally superseded ; not from inability or any neglect of duty or abuse of office ; but Mr. Hay was supersedwl, because he had neglected to qualify within two months after his appointment ; which might have been just and proper, had not several other magistrates, wh? were gnihy of the same neglect been permitted to retain their commissions. Mr, Bieen was superseded, because it was al leged, he hnd had the rope round hi,^ neck in 1798. The Earl ol' Kingston had, in the House of Pters, unwarrantably asper.sed this gentlemen's chaiacier, as bcin;^-, on account of his disloy ally, most unfit for the olfice of ;i magistrate. In the year 1798, Mr. Breen had been compelled, wiiilst in the hands of the r«bcls, to act as a commissiomr for them, under the menace of iftiniediate death, if be rct'uaeil. Ho was afterwards tried by a Adminisiration of the Duke of Bedford. 371 in about six weeks from that time, he granted 'S"''- commissions : and about the same period fourteen court martial, and mcst honourably acquitted. Lord Kingston himself, when a prisoner, offered lo lead the rebel army, during tlwir ascendancy at Wexfoi-d, and upon his trial by court mar tial, he was in like manner acquitted. The offer of the Noble Earl to lead the rebel army was less compulsory, than the com pliance of Mr. Breen to act as a commissioner. The supersed ing of Mr. Breen, after having been recently put into the com mission, was that act of Mr. Ponsonby, which, in the task of re- foi-miiig the magistracy, caused the strongest sensation in the country. Mr. Breen was supereminently qualified from his loy alty, information and influence in the county, to act as a ma gistrate ; for that very reason was he reviled and traduced by the Orangemen, who always found access to the ear of the new Chancellor. We subjoin the letter of Major Filzgei'ald to Mr. Hay, relating to his case, in order to meet the charges of Mr. Breen's enemies, -which operated most unjustlv to the prejudice of the Catholics of Wexford, by the disgraceful removal of that. gentleman from the magistracy upon such unjust grounds. " Augu^ 6th, 1807. " MY DEAR SIR, " I received your note this moment, and feel much pleasure. in giving yop information respecting Mr. Breen, and highly ap prove of your attention to protect this respectable gentleman from the obloquy, that-is so unjusUy and unmeritedly pointed at his character. While I was acting as Bri.!.;,ade Major to Major General Hunter, in the county of Wexford, Mr. Breen and Mr. Cnllimore were charged by a coinmittfee, who were, in fact, ap. pointed by government, as fit persons to anticipate- vexatious prosecutions and charges ; but who were decidedly a set of men, who acted in the contuiry way, became violent sanguinary ac cusers, and were more calculated to inflairiG and disturb the peace of the county, than fulfil the duties they were intended for. By thoss accusers, those n- ptct.ible gentlemen above mentioned were conducted before a couit martial highly respect- S B 2 372 The Reign of George III. ^51^ ^^ the most obnoxious and unpopular of the for mer magistrates of that county were superseded. Complaints had also been made of the Carlow'ma-, gistracy seven of whom vvere superseded. Little or rather no salutary effect was produced by this revision or change, on account of a general con viction, which prevailed throughout the county, (whether well or ill founded) that the chaiiges were rendered subservient to electioneering pur poses. Mn Burton, vvl;io was then canvassing the able, and appointed by gene'ial Hunter, and prosecuted for act- ' ing as commissioners to the Wexfoi^ rebels. 'After a long and p-atient hearing of the charges brought against the prisoners, the court declared the facts, a,s they were universally known : That these gentlemen acted under the imperious hand of conipulsioni in preference to the alternative rfea//*. So impressed was the general with the patience of the proceedings of the Court, that they instantly discharged the prisoners ; having first paid them many complimentary assurances of his sincere opinion of their loyalty, ami at the same time adding observations, that .served as a proof of his disapprobation of such shameful abuse of the power confided to tho.se factious accusers. I need not tell you, i that the source of real informaliou to government was pervei-ted and Ipst ; and General Hunier, by his judicious consistency, had etisureil the alFections of the people to* him.self, and indu-, bilahly retained the source of information. So. convinced was he of ihe purity of Mr. Bieen's ct^nduct, that many explana-. tions hud been made to him for the arrest of those men : but to no purpo-e, until ellected by the committee. I shall at all liiiiei be hiippy to i'uniish you vvith any fact in my record* v\ lieu wanting for a fair -And honorable pui-pose; , , " Iain, &c. . " (Signed) DARON EDWARD FITZGERALD." "¦ Edward Uay, Esq. • &.C, &.C." Administration of the Duke of Bedford. 3/3 county of Carlow, was a near relative of Mn Pon- ^_^^ sonby ; and it was given out, and very generally be lieved, that such of the magistrates as voted fbr Mn Burton were restored, and that several of the most objectionable of them retained their commissions, upon no other claim of merit, than that of having voted for Mn Burton. Whether the imputation were founded or unfounded, it equally prevented the effects intended by the revision of the magis tracy, which were to tranquillize the ruflfled minds of the people, now necessarily irritated at the dis appointment in net attaining what tlu y had recol lected, Lord Grenville had advised them to petition for year if ter year, until their prayer should be granted.) Mr. Ponsonby went no further in the ])romised revision of the magistracy. Nor did he, during the whole time he held the great seal of Ireland, to which the patronage of the country was appendant, in a single instance provoke the hosti lity of the Orange faction, by inflicting upon any one of the body, whether public or private, howe ver atrocious or notorious his outrages against the Catliolics had been, any mark even of the disap- *^ probation of government. His confidciue in the known supporters of the Orange faction was mark ed : as well as his general diffidence and reserve towards their most prominent and avowed ene- iiiies." Durina: this session of parliament, the ca;-ie ofconi Ci-en- -« «¦ T 1 -I-, A /'I ville brings Mr, Judge lox was set to rest. As one ot the on Mr. committee on that business, the venerable Lordcascr ""^ Thurlow came into the House, leaning on the ann 374 The Reign of George III. J^^"^ of the-Prince of Wales, who appeared to take a ' lively interest in the fate oC the virtuous Irish Judge. His Lordship delivered a learned, eonslitutional and forcible speech against the origin and whole process of that state prosecution. Tlie new mi nistry had certainly the merit of doing justice to Ireland, in rescuing two of her Judges from the fangs of ministerial vengeance, to gratify the ma lignant resentments of individuals, who fancied themselves insulted and exposed by any instance of virtuous independence upon the bench. Lord Grenville had repeatedly, during fhe session mov ed to put (iff the consideration of Judge Fox's case from time to time : and his Royal Highnes? the Duke of Cumberland, as the friend of Lortl Abercorn, said, he had been requested to signify to the House his consent, that the matter should bp deferred for a short time, " but trustedj, as his Royal Highness expected, that the matter would not be put off sine die. On the lyth of June, Lerd Grenville moved ^lie order of the day, for taking into consideration the petition of Mn J, Fox, which having been read by the clerk, liis Lordship observed, that the period vyas now ar-: rived, when it became a question, how far it would be either wise or expedient, or how far likely the calls of justice would be answered by their LortU ships entering, at such a period of the session, upon the investigation of a subject of such an ex tensive nature. For liis part, vi^hen h^ considered the nature of the case tliey were qalled upen to investigate, and the very advanced period of the Administration qf the Duke qf Bedford. S75 sessipn, lie had no hesitatipn in giving a decided ^^os. ppinipn against such a prpceeding. With respect tP the subject itself, in a more enlarged point of view, he had repeatedly expressed his ppinioii, that the pipceediqg priginated, ab initio, in a place, where there existed np jurisdiction compe tent so to take cognizance of, er to decide upon it. That opinion he rested upon the broad prin ciple, that by the law of parhament, or even by the constitution, no charge of this kind could originally be preferred, or proceeded upon in that House, as a cpurt of appeal or of crimipal juris diction. In the last resort, they could decide ; but, with exception of what regarded the mainte nance of their own privileges, they Could not con stitutionally entertain a matter of criminal com plaint in the first instance. In this he was borne out by the all the constitutional authorities, parti cularly by the case of Lerd Chief Justice Holt, the authority of which afforded a decisive prece dent in point. What he now said, he wished te be understood as in no degree referring to ^ what might have transpired in evidence. That testimony , was given ex parte; and, therefore, whatever might have been sworn, nothing had been proved. His opinion rested not on any of the facts of the case, but upon the conviction, that the proceedings hitherto had were cpntrary tp the law and the constitution of the country. For every case, wherein the law was transgressed, the law provided a remedy to he obtained by proceed ing in a regular anil lawful cours?. That Hpuse 376 The Re'tgn of George III. 1806. -^yas not a court of original jurisdiction. Were they to open the doors of the House to complaints of this kind, and proceed to entertain the present, upon what principle could they shut them against the complaint of any party, who might consider himself ag'grieveihb}' the decision of a judge upon a circuit, or by his behaviour to him as a juror ? Where would the line be drawn ? Other complaints^ must be entertained, as well^as those against Mn Judge Fox, and their Lordships might be occupied, as in the present, instance, for three, nay, even to an extent of seven yeass. These proceedings would go to render not only more arduous and un acceptable the office of a Judge; but even in the way of expence to amerce him to that degree, as would absorb the whole of his well earned salary ; the re compense of a life of toil, and studiously acquired science No man could be nfore desirous than himself, to provide duly and legally for the safety and protection of their fellow subjects in that part of the United Kingdom; but had his poor voice been attended to, another and more eliicacious course woukl have been adopted. lie should .therefore propose to adjourn the further considera tion of the case to a day beyond the certain ex tent df the present session, namely, that the far ther proceedings in this case shoukl be adjourned to that day tvvo months. On that question hav ing been put : Dfbnte on I'^e Marquis of Abercorn said, that he had Judge Fo.vs i-,eai(l the Noble Lord with oreat pain and retrret. If, as was to be apprehended, froni the grca^ Admitiistration of the Duke of Bedford. 37 J weight and authority, which the Noble Lord had "06- iu that house, a negative was to be put upon the further proceedings in the case of Mr. Judge Fox, he feared, that there would be soon suffi cient cause to lament the precedent established by such a decision, aud that the. Noble Lord himself would e're long repent it. He would not attempt to reply to the arguments adduced by the Noble Lord for the jiuipose of ])roving, that the charges ought not to he brought before the House, as he consideied the time was past for such an argu ment ; the Ilouse having alieady repeatedly decid ed to the contrary They had ordered witnesses K peatcdly to attend to give th_^ir evidence ; a si milar order had been again made this session, and w itnesses were now in attendance. The witnesses had travelled many weary miles, to attend at the bar of that Ilouse to claim the justice, which was due to them ; and now, after having heard a part of the evidence, and gone thus far, the proceed ing was to be suddenly put an end to, the remain- In order therefore to put as quiet a clpisetp, the matter as possible, ,the .Attprney Ge neral -was directed, and he accprd ingly did enter a \HoU prosequi pji the reqord, as pf Trinity Term lapSf: The Jeamed Judge, whose health was rnuch on the decline, was allowed tpjretire upon a pen sion -for his life. ..,^, , . ¦ The parliamentary proceeding rof the session, Wshreve- vyhich mpst; particularly affected Ireland, was SirromMs. All tbe above observations must be taken, as relating to the tri^I, «s it is reported. The law of England is in such a state, that no man subject to 'it can possibly know, or unless he be personally present; can presume to know what passes in any , Court of, Justice. No afficiy or authorised, account is ever pub lished^ of such proceedings. Trials reported are taken upoi) the credit ef unauthorised reporters. They are mere historic me morials of the times ; and authorize the afanalisf to siJbmit these refl'ection's to hfsreadter, as arising out of them. This triql.sjp- parently tended to draw the sentiments of the Bench more Gl,o.s,ely into unison with th& -feelings of the Cpurt,. than the layv and con stitution of these realms either intend or warrant. 390 The Reign of George IIL ¦•^J^^^ John Newport's statement ef the revenues and the resources of the country to the Committee of Ways and Means upon his opening the Irish' bud get. He assured the House, that though in seme respects, he could net congratulate therii en the state pf the revenues pf Ireland ; yet M'hatever de ficiency did exist, had arisen from the want of or der, regularity, and arrangement in the manage ment of the revenues. It Was extremely desirable tP establish the same regulatipns in Ireland, that were in fprce in"!£ngland. Hpwever, notwith standing the difficulties and impediments, which the trade and commerce of Ireland had to enceuh- ter, he was happy to state, that the country pos sessed means and resources, that weuld materially add to the strength of the Empire. The value of the exports from Ireland last year, amounted to ^£"5, 202,000, being a considerable advance upon the exports of the preceding year. The expert of linens also, and the import of flax-seed, had con siderably increased during the same peried. The exports of the last year were greater in amount, than the exports of any preceding year since the 5'ear 1792. Another proof pf the prpgrcssive prps- perity pf that ccuntry, which arp^ put pf the en crease pf its expprts, was the ccurse of excliange, \vhich had remained steadily, during the last four months lower, than at any fornier period. The terms, upon which the last leap had been nego- ciated in Ireland, afforded a still stronger proof of its encrease of prosperity and confidence in the go- Administration of the Duke of Bedford 39 1 vernment. They were more advantageous, than the terms, upon which any loan had been nego- ciated in Ireland since the year 1 792. As te the supplies for the year, the proportion of contri bution to be raised by Ireland te the joint charge of the Empire, was, with currency, i:'5, 739,880 The separate charge of Ireland, in cluding the interest of its debts, . 2,522,340 Jeing in the whole, . . . 8,262,220 Vliich he proposed te be raised by a loan ef two milliens in England, . 2, 1 66^000 Ditto, in Ireland, . . . 2,000,000^ By treasury bills, .... 500,000 The revenue of Ireland, he should take at 3,800,000 On the 1st of the preceding January, It had pro duced for the antecedent year =£3,360,000, but he had reason to think, that <£100,000 of the reve nue of that year had not been collected. He pr-o- posed te carry' the revenue of the year 1806 to o£'3,800,000j by the following new taxes, viz. By a tax of 3s. 6d. per cwt. on all brown and Mus covado sugar, with a corresppndent duty on East India sugar, estimated at d£?74,000, A duty of 2s. per cwt. on iron impprted into Ireland, in place pf the present duty pf 12s. 6d. per ten, . . ... £15,000' An additional duty on all teas under 2s. 6d. per ditto, . - 2,000 Stamp duties, according to a neW • schedule, . . . -80,000 Stamps on entries, . . 21,000 1806. 392 The Reign of George Iif. ^¦\,^ isfra Regulations of the duty on distilleries, by taking off the, duty of 8 per cent, en stills of 500 gallon^, and /educing the bcnnty from 16 to 8 per cent., pn those pf 1000 galjpns, ..,.;-.. <£70,oeo RegUlatipn pf duty uppn maltj" . 60,000 I>ittp, of duty upor^ hats, aucticns, .,,; , and paper, -. ' , . . ^ 5,000 Bytaking ajvay certain allowances f, , tP Masters pf ships in particular pcrts, . . . . 5,80) The Hpn. Baronet then stated, that as to th balances in the hands of deceased or dismissed col lectors, no effort should be wanting on his part tt recover them. They amounted in the year l80i to o£'ii28,800. V Mr, Foster and several other gentlemen spoke upon the Subject* ; Mr. Farneil, who is ever alive tp the interests of Ireland, mpst, apposrtely drew the attentipn of the House to, the, jgeneral financial situation of the country, as represented by the Chancellor of the Exchequer him;Belf. He calculated, that were thfe debt pf Ireland to encrease , with the safiie rapidity as at. present for 15 y^ars, it would at that period, amount to 120 millions. He therefore called upon ministers to adopt spme efficient measures for re straining the progress of so alarming an evil. Keiiefofthe: AuOthcr object important to Irelahd, drew the poor in ^le- . . iami, attention of Parliament to this country towards the close ef the session. Sir John Newport brought in a bill for the rehef of the Irish poor, which was in part supported by Mr. Bagwell, but strongly Administration of • the Duke of Bedford. ¦ 393 opjfosed by Mi*. Foster and Mr.' Alexander. Mr. .jsoc. Parncir warmly Supported the bill. Mr. Bag well thanked the Rrght Hon. Baronet for his per severance in this bill, but apprehefnded there was a point or two, in which they might dif fer. As thfe law then stood. Grand Juries had the power to raise jOioO on counties, and .f 200 on cities ; the consequence of which was, that in those counties, which had cities, there were houses " ' of Industry; supported by the aggregate sum ; hut in those counties, which had no cities, the cotitrary was the case ; he therefore hoped, that • power would he given to the Grand Juries of the latter, to make Up that deficiency, as many of the counties so situated in Ireland, possc'ssed more oputence, than some of those, that had cities. From the time, that this assessment of o£'400l. uppn ccunties Was first 'granted fpr the poor, it had never been increased, although for other pur-" poses, rates had been made to tlie amount of •fSOjOOO, though the people themselves were so anxious to have provision made for the poor, that houses were built by private subscriptiorts, rising in a gradation of from 100 to 1000 guineas.- It should be remembered, that there we:re no poor laws in Ireland; and he hoped, it would remain so, for the country was too popr to .support the extravagance of the English system' of poor laws. M'r. Foster considered this as a law professing Mr.F.)si;CT's to assist that of 17*72, for taking up idle persons, B"4^in,s "aind obhging them to' work. That act was only "'""'""'• carried iiito execution in Dublin, where now the 394 The Reign of Georgi IlL J^^ sum pf 20,0001, was paid annually for the suppprt of vagabonds. Dublin being cpnsidered as the centre, all the ether counties entirely neglected them. If the bill were, as he supposed, intended to compel Grand Juries te extend their powers in this respect, he should vote against it ; and parti cularly, as he thought it by far too late in the ses sion to press a measure of such delicate impor tance, which had been .so frequently agitated and rejected by the Irish Pariiament. Mr. Bagwell said, there were houses of Industry iri ether places be sides Dublin, but that they were supported by pri vate subscription, sir.iohn Sir John Newport explained, that if the Right «pilin's! Hon. Gentleman (Mr. Foster) had attended to the bill, he would find, that it expressly provided, that one-half of thc houses should be appropriated to the correction of vagabonds and sturdy beggars, ' and the other half to the relief of the needy poor. The Right Hon. Gentleman was also wrong in sup posing, that this was the first time levies for this purjjose had been made compulsory upon Grand Juries, ef which he quoted two or three instances, and the only compulsion was on the counties, which had houses of Industry, to maintain them. As to the charge of bringing it forward so late in the session, he appealed to the recollection of members, whether he had net made the same pro position last year. In the early part of the ses sion, he was fbr a time kept out ef his seat, by what he must ever think a very improper proceed ing. Since then, his time had been fully occii- Administration of ihe Duke bf Bedford. 395 pied, as would he proved by the great mass ef bu^ xj^^ sincss he had already brought forward ; and late as it then was, he hoped he might be permitted to go on with a measure, which he felt to be so essen tial to the welfare of his country. Mr. Alexander said, that however disagreeable Mr, aim- it might he to eppose a measure, the object efpos^sthe which was professed to be humane and charitable, '"''*'"'^''' he must object to all new and partial schemes ; as hitherto the relief, holden out to one class of the poor in Ireland, fell heaviest on the other poor part of it. The greatest part of the taxes ef the North of Ireland, was paid by people inhabiting houses of about 5l, a year, and as no other pro perty there but lands aud houses contributed to the payment of the poor, he was desirous ef having some more general measure. Mr. Parnell said, it Was impossible to travel over the high roads in Ire land, without being sensible of the necessity of this measure ; and as to the objection of its falling heavy on the land owners ; they were a description of persons in that country the best able to afford it. The bill was then read a first, and ordered to be read a second time on the morrow. It appeared during the first session of the Par-Thmew liament, that the new ministers studiously avoided, "y'fiJ^r as much as possible, any interference with Ireland. ^^"^;„^"J The public mindju^s- nearly engrossed with the ini- ^'J*„,'^*'"''*" peachment of Lord Melville in the House of Lords, (where he was acquitted) the pending and ulti mately unsuccessful negociations for peace with France, the unfortunate expedition under General 396 The R eign of George III. isog: 'Whitelock to Buenos Ayres, and other matters not particularly affecting TrelamL The Parliament was prorogued on the 2.jd of July; 180,6, and ithe King's Spetech wa.s delivered, in the House of Peers by the Lord Chancellor, as. the head of the com mission appointed by his Majesty for that purpose. It did not even obliquely hint at Ireland. It ex pressed his Majesty's. satisfaction at liis,- Parlia ment's unremitting attention to the most' important interests of his Empire : viz, tile permanent im provement of 'the various branches of theanilitary .system; and the regulations for. tlie. speedy and ef fectual audit of the public accounts* It thanked the Ilouse of Commons for the liberal supplies they had voted for the various exigencies of the public service,/ by which a large proportipn ef them was provided for within the year. His Majesty was particularly .sensible of that fresh mark of their at tachment to him in the provisions they had made for enabling the younger branches of his family to meet the necessary expences of their stations., In refeiring to the pending negociations for peace, his Majesty looked with conlidence to the continua tion of that union and j)ublic spirit among all ranks of his people, which could alone give energy to war, and security to peace, Vr,T.x- ^^ ^'''^ fondly invagined by the great body of pectanries jrish Catholics, that ihe prorogation of Pariia- nt the Ca- \ I o thniiism ment would afford the Irish government leisure and time, to attend to those internal improvements in the execution of the existing laws,, upon the pro mise of which, they Jiad refrained from bringing Admink{mtion of^ the Duke of Bedford. ^97 their claims before the Pariiament during the, late 's.oe. sessipn. Mr. Ponsonlpy the Chancellor and Mr. ''^'^ JLUiottthe Secretary, had in the mean while fre quent interviews with such pf the leading Catho lics, as were supposed to have the most influence over the city of Dublin, and the country at large. None pf.them placed ccnfidence in Mr, Elliptt : ,H,a<:l he the power, they doubted his inclination to serve their .cause. Not so with Mr. Ponsonby. They all kijew he commanded ^he power, and few doubted the sincerity ot'his inclinations in their favour. As "the object ef these interviews evi dently, was to ipduce, the Ca.thohcs to keep back their petition, Mr. Ppasenby. assumed all the cour tesy and atteintiou, which cpuld be shewn ; his table was open to several, as.his clpset was to all. These? interviews ami cpnsultatipns pf the Clian- eellpr. with' the different Cathplic oentlemen for a eonsiderable time, bore t^e appearance of se crecy, anxiety and mystery. As there existed dif ferences of opinion amongst those Catholics, whom he saw and conversed with about the manner and 'season of bringing forward their, claims, it is to be presumed, that the different representations of the feelings of the Catholic body made to him, pro bably ill very different manners, left him -under a perplexing emba-rJissment. Mr. Ponsonby had not, like Mr. Fox, offered his best energies to support their petition, if they thought proper to bring it for,ward, at the hazard of his situation. Np Pthcr public measure, which (even indirectly) affected the great Irish pppulatipn, was attempted duriiig 398 The Reign of George III. ^°5- the first 10 months of the new administration, than the refusal of a commission for the county of Ar magh to Mr. Wilson, and the before mentioned unsatisfactory moves in the magistracy of Wexford and Carlow. Reforms in Gicat activity appeared in the fiscal system ^nd j^pa^ru""^'** official attentions to the revenue, in consequence meats. ^f gjj. Jq^jj JiJeWport's pcrsoual investigation into every department depending in any manner upon the Chancellorship of the Exchequer. Some move ments and alterations were niSBe in consequence. Ihe Board of Commissioners was divided into Ex cise and Customs. In the new commission* was prominently placed Mr. Alexander Marsden, whose continuance in the office of confidential Secretary was too loudly clamoured against by the nation, to be unheeded by the new managers of the old system. His claims upon them for having sup ported that system through a great variety of changes with perseverance, zeal and dexterity, were too strong not to be handsomely rewarded : he was accordingly appointed te the lucrative si tuation ofa commissioner of the inland excise and taxes-f. Two ef the vacancies in the commission • The new commissioners were Mr. A. Marsden, Mr. Ed ward Taylor, Mr, Terry, The Hon. Abraham Hutchinson, Mr. Dundas, ^ind Mj. George Mackay. •I" Mr. Marsden was like other great public characters, ex posed to the ungrateful shiftings of the popularis aura. At the quarter assembly of the city of Dublin, an address of thanks, which had been voted by the Lord Mayor and Board of Alder men to Alexander Marsden, Esq, late Secretary in the civil de partment at the Castle for his conduct, whilst in ofiice, was pre- Administration of the Duke of Bedford. 399 were occasioned by the promotion of the Earl of ^J^°^ Donoughmore to the Post Office, and the dismis sal of Mr. Longfield. Mr. Trail, who was ap pointed to succeed Mr. A. Marsden, was a gentle man, who had formerly worked under the old sys tem, and was rather distinguished by his predilec tions and zeal for supporting it. The ultimate results of those fiscal alterations * introduced by sented to the assembly of the SherifFs and Commons, requesting their concurrence. The address had been brought forward in the ' upper -assembly by certain advocates for the new police bill, which Mr. Marsden had been so assiduous in preparing for the city. The only merit openly insisted upon on behalf of Mr. Marsden, was his urbanity and politeness of manners when offi cially applied to. His antagonists replied, that as well might a dancing-master be addressed for the gi-aeefulness of his bow. Mr. Marsden's activity under Lord Castlereagh in forcing the Union was coupled with his ardent zeal for carrying a police bill, which trampled on all thc ancient chartered rights of ihe city, A division was called for : and 42 black beans appeared against, and only 22 white beans for the address to this onc^ powerful favourite in the city. • The present financial state of the Irish nation is so alarm ing, that the reality cannot be too strongly put before the public. The national debt has been trebled since the Union. It then was 30,000,p00l. and the charge on the nation for payment of the interest was 1,090,0001. In 1810, it was 90,000,0001. and the charge on the nation to meet the interest 'was 4,730,000l. It will throw considerable light on this awful subject to lay be fore the reader the four I'esolntions, which SJT John Newport brought before the Committee of the House Of Commons, so late, as March 1811 ; the more especially as Mr. Foster's obser vation upon his 4lh resolution pointedly refers to this very mea- nureof 1806. " 1st. That the funded debt of Ireland has nearly trebled within ten years, and amounted on the 5th of January, 1811, to jP.€9,728,992, occasioning an annual permanent -charge fur 40O The Reign of George Ul isoi^- Sir Johu. Newport have ^ot yet heen fairiy-knqwn "^^'"^ to. the public, Certiaiu it is, .;tHa»r that of {hej.year 1,^67, although taxes, esti'maled to produce .more tjian 900,0001. were imposed, aJnd 862,0001. added to tlje charge of public dph|t dufiag that inlerval. , ' ' ^ •,.¦.' " 3d. That for thjs failure of estimated; revenu.e, .whiij^haS h^en progressive during several years, although most strjk,i-iig in t'hat, which ba.s just elapsed, no adequate causes can.be disco vered in the commercial diijiculties of the Empire, sinqe llip intercourse be'tvveen; Great Britain and Ireland, which ,js the great channel of ihe commerce of the latter, has not been im peded, except in one instance, and the defu;ien,Gy mu.st therefore "be altributed to olher and different causes, " 4th. That the e.xpejices qF the Collection and managenaes-t of tlie revenues of Ireland have advanped in a most striking degree, particularly S!i\ce the year 1§0T. Thsvt the amoijnt of deduc tions on this accbmpt from the revenue, customs, excise, and inland taxes of Ireland, in its passage to the Exchequer, h^s risen from 416,000(. at '"which it stood in 1807, to more thap 720,0001. in the last year ; oiit of which sum 227,0001. were absorbed in the incidental expences of the two boards, to whicji the (lii-ect!on of'tho.se departments was intruf-ted ; and that it appears, that in 1807, those duties were coll.ected at a charge of 101. ! 65. per cent, in the customs, and of 81. 15s. in .tli6,e,s,- c'ise and taxes ou their nett revenue : whereas that charge has risen in 1810 to mure than 2o per cent, on ihe net produce of llie custom'!, and more than 16 per cent, on that of the excise •anAiiiia,nd i:',xe'4 up.plicabl'e-to the p.»bli(.- sfervices of the year." Administration of the Duke of Bedford. 4.01 ushered in with a considerable porrion of accu- ^J^^ mulative patronage. To every Irishman, who feels the value of civiP^''^'''",'''" r3storeu to libert}', and can appreciate the share of it pro- »!'« ^"^y cured by Mr. Grattan for his country in the year 1782, though since filched from her by the Union, Mr. Foster, in observing on those resolutions, complained, that the .vt^tement of the revenue did not include the extraor dinary resources of the year, such as the proportion of the lot tery, &c. amounting to about 230,0001. as well as the ordinary revenue, and was therefore fallacious. On which Mr. Bankes justly observed, that the statement was most properly confined to the ordinary permanent revenue, as that alone could be con sidered applicable to pay the charge of the funded debt, and it could not be called fallacious, as it purported to convey no other meaning. Mr. Foster observed on the fourth resolution, that the in creased charge of collection and management of revenues arose, in a great degree, from the separation of the departments of , customs and excise, effected during Sir John Newport's official engagement. An opportunity did not present itself of refuting this; but as the comparison is instituted between this charge in the y.ear ending tbe 5th January I SOS, and that ending January 1811, it cannot be affected by the expence of a division of those departments ; which as to the board of controul, took place in 1806 ; and as to tbe collectors and subordinate oflfjcers in February and March, 1807, the compensations for fees sup. pressed in the department of the customs do indeed form a consi derable part of this increase, to the extent of near 800,0001, and perhaps in no instance has enormous and wasteful profusion been more apparent. For instance 5,9001. annually for two lives to the storekeeper of the port of Dublin ; 9801. lo the surveyor and cmoptroller in the stores ; 9001. to the guaging surveyor ; 1,0001. to the searcher, packer and guager ; 1,2001. to the port surveyor of Cofk; and very many other similar grants. VPL. ir. S D 402 The Reign of George HI. '8CS. it cannot be a matter of indifieience, that his truly right honourable name was restored te the list of privy counsellors. At the same time, every reflecting patriot laments, that either he should have declined, or not have been pressed to accept pf a prominent and efficient share in the adminis- trarion, of which his polirical friends were sup posed to have formed the basis. It certainly was not by accident, that neither the name of Grattan nor of Curran graced the list of new ar- , rangements. Ireland will never be convinced, that those twin genii refused the exertion of their talents to liberate and liberalize their country. Mr. Grattan not called to a situation to render, and IMr. Curran politically excluded from the pos sibility of rendering any aid er lustre to their country. What is the inference? But that Ire land v\as to be degraded and oppressed, and to be inoicuver deprived of her native powers to pre vent it. Deaiii of The death of ]\fr. Fox, on the 13th of Septem ber, was an affiicting event to his coiuitr}-, and to mankind.. His capacious benevolence embraced tliem all. To Ireland he had been virtually dead for some months. His letter to Mr, Kyan may be properly considered his last will and testament to her. lu that his candour disclosed his feeling and judgment uponhercase : his benevolence drewfrora him the unqualified tender of his best exertions in her cause, and his liberality prepared him for the sacrifice, which he wisely foresaw would attend the dutyof benevolence. Which of his coUeaguesdid the JVii. Fox. Administration of the Duke qf Bedford. 403 hke ? Mr. Fox was the enly great statesman, who ^^°^- could not guide his passions by his policy. His ambition was as great as that of any man : but it was to attain power, that he might command the means of being humane and just: that he npiight secure perfect freedom, civil and religious, ty every human being. No m.an ever had a more cbmprehensive knowledge of, er practical venera- ti4|ii for the British constitution, than Mr. Fox, A monumental proof to posterity, that whatever claims, that illustrious statesman openly abetted were strictly constitutional. The rare and ad '¦ mirable assemblage of Mr. Fox's personal qualities and attainments are the theme of the biographer, or the English or universal historian. But observ ing, that during a most arduous career ef politics Mr. Fox was never guilty of the slightest tergiver sation, and withstood the most powerful lures to apostacy, that he better knew, than all his co^ temporaries, the principles, views and interests of fpreign states, and as to home politics, that his intuition and prescience were almost supernatural, (never having reprobated a measure of which the lesult was net disastrous, nor recommended a line of conduct, which failure and unavailing repent ance from rejection did not shew the wisdom of his advice,) is to furnish an irrefragable argu ment, that the system of Irish government, which he invariably deprecated was radically mischiev ous and vicious : and the Irish claims, which lie uncea^irfo'ly supported were founded on the im- 2 D 2 ces, 404 The. Reign of George III. ^J^°V mutable principles of right, justice and enlight ened policy.* Sijppression The summer of 1806 was marked by no inter- distm-b^- nal occurrence worthy of notice. Fn the city of Armagh, where the Limerick militia was quarter ed, very alarming symptoms of discontent dis played themselves on several different days in July. Most of the men of that regiment are Roman Catholics. The yeomanry ef the city of Armagh, and the greater part of riie townsmen, who are Protestants, and mostly Orangemen, had arrayal tl^mselves on one side, and held very provoking and insulting language to the miliria men: they drew up, and were joined by most of the Catho lics of Armagh : but providentially they commit ted no further excesses, than seme personal as saults, in which many were severely wounded. A garrison affray happened at Tullamore between a party of the light brigade lately quartered at Birr, consisting of the light companies of the Der ry, Monaghan, Limerick and Sligo militia, which had marched into that town in the evening, and some companies of Hanoverian infantry, that had been quartered there for a considerable time. Two lives were lost, and several on each side (about 30 in • The death of Mr. Fox amsed no alteration in the Irish government. In England, Lord Howick quitted the Admiralty, "and went to the Foreign Office, Mr, T. Grenville succeeded him in th© Admiralty, Lord Sidmouth resigned the Privy Seal to Lord Holland, and Lord Fitzwilliam retired from the Presir dency of ih^ Board of Controul, lo which Lord Sidnaouth we- ceeded. Administration of the Duke qf Bedford. 405 all) were wounded. By the prudent and officer- J^°^ like conduct of General Von Lysingen, the Ha noverian commanding officer, the affray was checked, which by improvidence er malice might have set the kingdom in a flame. The mest serious disturbances, which were like- Threshers. ly frem necessity, accident or design, te be work ed up into a political consequence, were the tu multuary proceedings ofa large porrion of the peasantry in the western parts of the country. Where the rack rent paid for land by the immediate occupier of the soil, which went to feed the middle men, who idly subsisted en their profit rents, was exorbitant, beyond all proportion, to labour aijd provision, it was to be expected, that these indus trious vicrims of exterrion should at least be sere at the extreme difficulty ef discharging their land lords a;nd maintaining their families. But when unexpected demands were made upon them from road-jobbing presentments of corrupt Grand Ju^ - ries, and the surcharged claims of tythe proctors were heaped upon them (no matter whether legal er illegal) can it be a wonder, that the original soreness from ditficulty, should have arisen into despair from incompetency, and thence have pro ceeded from individual to combined resistance ? In consequence of recent exactions from the tythe proctors in the counties of Mayo, Sligo, Leitrim, and parts of Roscommon, formerly no table for their pacific and orderiy demeanour, a body of people, sriling themselves Threshers (i. e. of tythe prectprs ccrn) had appeared in a 406 The Reign of George HI. , ^^°^ sort of public confederacy. Up to that' time', they had punctiliously confined their outrages and depredations te the collectors of tythes and their underlings. They frankly averred their rea sons for their conduct, viz. that from the late un-^ precedented rise in the tythes, beyond what had before been insisted upon, the profits of their crops centered almost entirely in the tythe proc-^ tor. They sent letters, signed Captain Thresher, to the growers of flax and oats, warning them, un» der severe pains, to leave their tythes in kind on the fields, but on no account to pay any monied composition to their rectors and vicars, or their lessees or proctors, Had the managers of the Bedford administration in all things miqutely foU lowed the example of their predecessors, thos^ counties would have been proclaimed, and pro? bably a more general insurrection have existed in Ireland, than in the year 179^- Many of the task drivers under the eld regime (all found in place were retained, except Lord Redesdale and Mr. Fost ter discharged by Mr. Fex) urged the government to proclaim the disturbed counties,^and recommence the discipline and goadings of 17955- Such an overt re-adOption of the atrocities of terrorism would have at once defeated the main object of the present managers of Ireland, which was to pre vent the extinction ef the system, by keeping oft' its sure destruction, the vital question of emanci pation.* They accordingly sent Mr. Serjeant Moore • Lord Grey (then 'Viscpunt Howick) on the 26th of March, 1 S97, in his Expose, sets out witl^ this broad assertion. Thry Administration qf the Duke of Bedford. 407 to Castlebar, to investigate the nature of the 'soe. evidence, and report upon the expediency of is suing a special commission to try the forty-four prisoners, who were then in custoily for those s])e- cific outrages. As the bulk of the peasantry throughout Con- Further naught is Catholic, every combination of thpm ^^ ','i"''''" must individually consist generally of Catholics, '^'"'*"'''^''- But the Threshers were in no manner an emana- ¦' tion from the Catholic body, or Dublin Cariiolic Committee, nor in any way concerned with or in terested in the questions of the policy and expedi ency of bringing forward or holding back their pe tition to Parliament, so warmly agitated at the Catholic meetings in Dubhri, Formerly the JVhite Boys, Wright Boys, Heart of Sleel Boys, Heart of Oak Boys, and other denominations of discon tented and tumultuary peasants, had caused simi lar disturhances in varioiis parts of the country ; . but none even of the most corrupt and sanguinary Statesmen of those times persisted in fixing the body of Catholics with the crimes of some mis guided wretches, who were seduced or goaded into the commission of felony by groupes, under parti cular denominations, because the individuals had been brought up in the Roman Catholic religion. The conduct of government v/itli reference to' the Threshers was singular, if not improvident. Long before the last change in his Majesty's councils, this combination and denomination of Threshers hoped by a conciliatory mode of government to keep the question at rest. 408 , The Reign of George IIL isoc. liad acquired a formidable consistency-; but, as discontent arising out of misery must at least keep pace with, if not outstep'its parent, tliey certainly did, during the Bedford administration, acquire strength from the encrease of numbers and organi zation. During the whole ef that administration, nothing was even atternptpd to redress the griev ances complained, of, under the tythitig system, nor to Jifford relief against the abuses of a corrupt magistracy. The gpvernment well knew the pror grpss of the evil ; but, as it was local, no remedy could be effeptually applied, which they were not called upon to carry into effect throughout the whole nation, and tliat, iti appears by their con-r duct, they were pre-;determined not te attempt. They betrayed an uncomm'en anxiety to suppress the magnitude of the evil frpm the eyes of the pub lic ; and for that purpose, resorted to the hack- nted expedient of bribing the periodical publica tions into silgnce or misrepresentation. To some pf the more independent papers* in circulation, ¦* One of the most ordinary, plausible, and mischievous en-- gineg of corruption in Ireland has for tnany years been the merce nary use of the newspapers, whiqh unquestionably work a power^ ful bias, on so much of the public mind, as ihink^ not for itself. It is a matter of notoriety, that the favoured prints, to which go vernment sends their proclamations andadvertisemenls, are well understood to follow the directions qf government in whatever they lay before the public, as lo the state of the country ani^ the measures of the Castle, The proprietor therefore of an es tablished paper estimates this preference at a nett profit of more ¦ than ^2000 a year. He is consequently a pensioner to that amount, during his observance of the implied compact, Thft Administration of the Duke of Bedford. 405 they offered the publicarion of the government i^oe, proclamations, and adverrisements, on condition mischief ends not here. As government must advertise their proclamations and other ofBeial notices (there being no Court Gazette in Ireland as in England), the preference of some o-jt ef the many daily prints rests in the direction of government. On the other hand, that discretion being unlimited, as to the number of favoured prints, but more particularly as to the sen-ieless and frequent insertions of the official articles, Jong af ter their stale repetitions have become useless, a most wanton ex- pence is thrown upon the public, which answers no olher end, than to enlarge the bribe. To this species of abuse the Hon. C. H. Hutchinson referred so lately as the 20th o( March, 18! (, in the Imperial Parliament, on the report of the Irish supply, whilst he vvas urging the restoration of „£ 5000 a year to Maynooih College, which the Bedford Administration had added to the ori ginal grant of ^.8000, and which the Perceval Administration, had, in the first ebullition of their Anti-Catholic zeal, most illiberally tE^ken from it. " The other night," said that Hon. Member, and staunch friend to the country, " ^6. 10, 500 were 'f gta,r\{edfoTtb^printingafproclanuttions. From that su,m cf.SOOO " might have been safely deducted ; for I am fully prepared to " prove thi^t sum had been used tor the most unworthy purposes." Mr. Parnell, as a true and indefatigable friend to his country, objected to the grant of that sum, as being for the express pur pose of etiabling government to bribe the press. Mr. Poole re- markedj that the money was wanted solely for the purpose of giving publicity to the government advertisements; adding, that jf it had been his intention to bribe the Irish pi-ess, he had la- fnentably failed ; seeing, how roughly he had been handled by many of the Dublin paper.s. So audaciously oppressive and mischievous had been the conduct of the Irish govermnent in thc yeor 1810, that some of their long favoured papers (particularly the Freeman's Journal) of the widest circulation could no longer sacrifice the cause of the people and the countiy to their own emolument. They freely exposed and commented on the mea- suresDf government, and weie instantly punished for iheir po- 410 The Reign of George IIL ISOfi. of their admitting no article in their paper, which shoukl set forth fairly the actual situation of the. Threshers in the Western counties. Government was doubly anxious, that the English public should believe, that there was neither complaint nor cause of discontent remaining in Ireland. It was their pride to be thought capable of keeping the coun try in complete tranquillity without resorting to martial law pr the suspensipn of the habeas corpus, which their predecessors had always insisted upon, as imperiously necessary for that purpose. The proposal ef government was rejected ; and some true and very alarming accounts of the Threshers were brought before the public. They sometimes assembled in large bodies of several hundreds, dressed in white shirts er frocks, and faced the military for a time ; but after some shot.*, they usually dispersed in confusion : probably from want of leaders er officers tp command and enforce dis cipline. This also proves, that their assemblage litical honesty by the subtraction of the government advertise ments and proclamations. To the honour of the Irish press- three papers only, of very stinted circulation, have been so'pro- fligately venal, as solely to support and extol, the system. Through these alone, which reach not ten hands, where the others do thousands, are all government notifications now exclu- - sively conveyed to the community. To such pitiful degradation has the government descended to the Freeman's Journal, as to have issued, through its minister, a circular letter to all the pub lic offices, even Paving Board, to withdraw their advertiisements and subscriptions, and to the Chamberlain of Ceremonies, to pro hibit the advertising the Castle drawing rooms, balls and levees in that paper. Administration of the Duke of Bedford. 4 1 1 and views were momentary and local : merely anti- ^^ decimal, and in no manner organized or concerted for general revolutionary or rebellious purposes. It VI as a fresh and angry eruprion, from the old sore of many years standing on the body of the Irish peasantry, which Mr. Pitt had in his con- teinplation in the year 17.09, but which even he with all his prejudices against the country, broadly discriminated from the question of cmanciparion, with the false hopes of which in his speech on pro posing the measure of Union he insidiously bupyed up the Cathelic hotly*. They usually assembled early in thp mornings, and destroyed whatever tythe corn fell in theii" way. In the month of November tliey took 11 tythe stacks from the hag gard ef a man jn the neighbourhood of Balliiia, , and strewed them along, the road up to the very town itself. They made domiciliary visjts both by night and day in houses and cabins for arms, which they took without perpetrating any further out rage, The return of Lord Lauderdale to London, upon T>issointio» . . (>t Parlia- the unsuccessful termination of our negOciation menr,a,n(i with France, was quickly followed by a dissolution a.tiris. to of the Parliament. The remainder of the year was.t'an; pearly engrossed by the new elections. Some in- • ?' How far, in addition to this great and leading considera- f tion, (namely, the emancipation of the Roman Catholics) it «¦ may be also wise and practicable to accompany the measure, " jby some mode of relieving the lower classes from the pressure " <}f tythe.?, which in many instances operate at presenf, as a " great practical evil." 4in The Reign of George LIL y^^^^^ effectual efforts were made to stimulate the electors to demand of every candillate a test of his politi cal creed, and to take security for his acting up to it, when returned to Parliament. The only elec tion incident, wbich involved in it any national in terest, was the address of the Catholic citizens of Dublin to Mr. Grattan on his return for that city, which will transmit te posterity an estimable mo nument of proper feelings and a delicate sense of honor in both parties, " At a Meeting of Catholic Citizens ef Dublin, holden on the 1 3th December 1 806, Denis Tho mas O'Brien, Esq. in the Chair. *' Resolved, That it is a duty incumbent on us to provide, that Mr. Grattan's late election for this pity shall not be attended with any expence to him. ^ "Resolved, That it appears tp this meeting, that a fund sufficient for that purpose, has been subscribed by the Catholics of Dublin. " Resolved, that the following address be pre sented to the Right Hon. Henry Grattan. " Sni, *' Accept the congratulation of the Catholic ci^ tizens of Dublin on the event of your election. Friend and favourite of the people, you it peculi arly befits to represent in Parliament-the first city pf a land, which owes to your exertions its fran-' chises and its prosperity. It was the triumph of Administration of the Duke of Bedford. 413 Ireland, when the most conspicnous distinction, '^°^ which any of its commoners can now receive from popular approbation, was placed upon that brow, to which genius, patriotism, public service, and public virtue conspired to direct it. In placing you. Sir, at the head of its representation, the ""city of Dublin has rendered justice to itself: it has averted the national injury, which must have been sustained by your retirement, or the national disgrace, if any place of inferior note had been permitted to confer the trust of legislation upon the habitual guardian of this country''s rights; upon the man, whose name, for thirty years has been connected with every, improvement, which has been adopted or proposed, constitutional or co.mmercial. Under any circumstances the acces sjon of your talents, of your character, of your au thority to the councils of the Empire would have been valuable ; but it becomes, indeed, impor tant as great emergencies arise, and at a moment, when many concerns of this Member of the State appear urgently to press for legislative arrange ment. In this great act of national honor and na tional duty, it was our misfortune not to have co operated so effectually, as we wished, notwith standing the liberal provisions enacted in 1793. So inoperative have been the laws designed to re-, lieve us, that not a single individual of our body was,/ en the late election, enabled to vote as a freeman of Dublin ; one mode remains, by which we can associate ourselves to the merit of thi.s event ; frequent and even late examples authorize 414 The Reign of George HI. 1806. us to make the proposal, and in it we earnestly en treat your acquiescence. Your return to Parlia ment has beyond any other occurrence, been gra tifying te every patriotic and independent feeling. Let us be permitted to render it altogether a pub lic poncern, by taking upon us the expences un avoidably incurred, in a popular and protracted election. Tliose, who have now the honor to ad dress jrou, in the honest and zealous impulse of what they feel to be their duty, have made provi sion for this purpose J it is the tribute. Sir, of men attached to your interest and to your cause, be cause they identify these objects 'with the freedom and welfare of their country. " D. T. O'Brien, Chairman." "To which Mr. Grattan was pleased to make the following answer : " Gentlemen; " In answer to that part of your address, which attributes to me what I de not pretend to arro gate to myself, I can ou](y say, that I took my part in the public service in common with others. The honor of representing the capital of my native country, I feel to be great, and still greater from the zeal, which vvas manifested in my favpur. To you, aiid to your body I' am very much indebted You supported me with activity and with effect; and though the Catholics could not vote as free men, yet, I hope the Corporatipns, frpm good Administration of the Duke of Bedford. 415 sense and good temper, coupled with a regard to '^os. their own real interest, will not long hesitate to second the intentions of the legislature, and give you the full benefit of those franchises, which the statute designed. The last idea contained in your address, which proposes to discharge the expence of my election, is, in a high degree generous ,and splendid ; it does honor to yourselves, and to the person, who is the object of it. Gratified most sincerely by that honor, I must decline the offisr; but I feel the obligation undiminished, unabated and perpetual. I have the honor to be, Gentle men, your most fiiithful humble Servant, " HENRY GRATTAN." On the decline of Autumn the tumultuous spirit Thresii«rR of the Threshers began to spread itself into the '"''"^' ' neighbouring counties. Lord Granard and the leading gentlemen of property iu the county of Longford had frequent meetings to concert mca^ sures for checking its progress, at the last of which they came to a string of resolutions*, which they * COUNTY OF LONGFORD. At a meeting of tha magistrates and gentry of the county of Longford, cojivened by the Earl of Granard, as governor of said county, on ihe 8th day of December 1 806, at Longford, The following lesolutions vvere unanimously agreed to. Resolved, That we have observed with deep regret the dis turbances and disordei-.s, which have lately been commiued in this county by deluded men styling themselves Threshers, assem- 41^ The R eign of George IIL 180S. published in the chief newspapers. They bespeak the alarming stage, to \vhich these infatuated wretches had then arrfved. About the same time, in consequence pf Mr. Seijeant Moore's report, and the growing audacity ef the asseciators; a special commission issued to Lord Chief Ju.stice Downes and Mr. Baron George to try the several ..prisoners in the different goals ef the disturbed counties. In the county of Mayo, 12 of those de luded wretches were found guilty, and expiated their offences by death. Fewer were tried and bling by night, disguised and armed, and tendering illegal oaths, or administering oaths, they nut being qualified so to do. Resolved, That we hold such proceedings in utter abhoij-ence, and that we will collectively and individually, use every legal means in our power to bnngsuch ofienders to justice, and that we will co-operate with the military iu a strenuous support of the laws, and in afibrding every protection in our power to the loyal and well conducted part of this county. Resolved, That liberal rewards shall be given to all persons giving such information as will enable us to prosecute any of the above mentioned offenders to conviction. Resolved, 1 hat the sincere thanks of this meeting be returned to John West, E.^sq. Hugh Kerr, Esq. and Samuel Crawford, Esq. for their active and spirited endeavours lo repress the outrages committed by those deluded men styling themselves Threshers^ Resolved, That any person bringing information to a magis trate may rely upon being fully protected and amply rewarded, as the magistrates of the county are authorised, and will be en abled by government to do so. Resolved, That we pledge ourselves to each other and to our countrj', that we will not renew any lease, or let an acre of land, to any person, who we have just reason to believe has volunta rily and actively been concerned in any of the above or similar otitraiies. Administration qf (he Duke of Bedford. 41/ suffered in the other counties. The special com- '^oe. mission fortunately put a check to the outrages. The country was convinced, that the strong arm of the law sufficed to tranquillize it. Addresses of thanks te the Lord Lieutenant for his liavina: so seasonably issued the special commission, were sent up from the Grand Jury of the count}'^ ef Mayo and ethers. It was the peculiar boast of the Castle, that they put down the Threshers without resorting to the violent measures, which Mr. Per ceval, in particular, had on the second day of the* session so vehemently called upen the ministers to adopt. It is to be deplored, that the new ministers, who The new ¦ came into office upon the open avowal of princi- acting upon pies diametrically opposite to these ef their prede- principles. cessors, should have been but few months in office, ere they shewed themselves impregnated with the spirit and principles ef the old system, as stroiigly to all appearances, and according to every, rational greuml ef human judgment, as if they essentially constituted the tenure, by which they held their si- tuatipns. In the Old official cant they charged the insurrections of the Threshers upon the religion of the rioters : and the illiberal and injudicious an nexation ef a tumultuary confederacy of parts of- a wretched ground-down peasantry with die vital question ef Catholic emancipation produced the only measure* breus Majesty, for the removal of many of the disabilities and incapacities, under which they laboured; and tliey refer with confidence, in the jus tice of their cause, to the solemn and memorable declaration of th£_Irish legislature : " That from the uniform and peaceable he 's haviour of the Roman Catholics of Ireland fj^r a lopg series " of\ years, it app^red reasonable and expedient to relax tbe " disabilities and incapacities, under which they }.aboar, and that "! it must tend not only to the cultivation and improvement of " this kingdom but to the prosperity. and strength of all his Ma- " jesty's dominions, that his Majesty's subjects of all denomina- " tions sho.uld -enjoy the blessingif "x^f a free constitution, and, " should be bound to each other by mut«al interest and mutuaj. " aff'ection." And your petitioners most .oolemnly declare, that they do not seek or wish in any way to injure or encroach upoi^ t|ie rights, privileges, possessions or revenues appertaining to the bishops and clergy of the Protestant religion as hy law establish ed, or to the churches committed to their charp;e, or to any of tljem : the extent of their humble supplication being, that they n^ay be governed by the same laws, and rendered capsdjle of Administration of the Duke of Bedford. 44 1 thoiic Committee, at the Star and Garter, Essex- |^807. street,, on the 25th of February, 1807, the Earl of Fingall being in the chair; it was resolved: " That in pursuance of the resolution of the gene- " ral meeting of the Catholics ef Ireland, holden " on the 94th inst. the secretary should transmit. " copies of the petition to the undernamed per- " sons for the purpose ef obtaining signatures " thereto, and receiving subscriptions to defray " the expences of it, and also, that it appeared to " the Committee highly desirable to have the sig- " natures ef the Catholic bishops and clergy to " the petition, and that the Secretary should " wait on the Most Rev. Doctor Troy, and ac- " quaint him with that resolution." The Catholic Committee met again on the 26tli of February, 1807, the Earl of Fingall in the chair, and set tled the form ef a letter to be written by their Secretary to the several gentlemen concerned, in the dilFerent counties, and en the next day, the 27th of February, I8O7, that form* was adopted.* the same civil offices, franchises, rewards and honours, as their fallow subjects of every other religious denomination. Mav it therefore please this honorable Hou^e to take into its consideration the statutes, penal and restrictive, now affecting the C-atholics of Ireland, and to admit them to the full enjoy ment of those privileges, which every Briton regards as his best inheritance : aiid which your petitioners most humbly presume to seek, as the brethren of Englishmen and coheirs of the con stitution. " And j-Dur petitioners will ever pray, &c. * Tlje foilpwing is the form of that circular letter : 4'4t The, Reign of George III. 1807. Twelve months had ekpsed^, since the poaksced couciuct of ministry had been in power : and although Ireland the niinis- tfi.sandthe, , ^^ . ,; .' ¦ .; . ¦ . opuOjition. Slit, . " Under the cfirection 6f the Catholic Comm'itfee, I here\ii'ifh .send you the resolutions passed at the last general meetihg" hi " Dublin; from those resotutions you wilt pei-cteive> that it has been determined to obtain signatures for the petition in every part of Ireland. This has' been done undfer the persuasioh, that nothing can contribute more essensially' to the siiccess'of 'tne pre sent application toPai-1-ianiierlti than by shewing, that the c'oricur- renl and universal vi-ish of the Catholic body goes with it; and' however self-evident this may be, ye'there is no way, by which it can be demonstrated so vvell, as by the number and respecta- /bility of the signaturesi- " At the desire of the fcommittee, to w'hofli i^ has been given in charge to nominatfe' gentlemen in the counties, 'ftir the pui:- poses expressed in the resolutions; I; have most, earhestly to re quest 3-oi!ir Co- operdtion andassistanoe.^ Of your zeal and acti> vity ihey cannot dpobt,,, feeling,-* as you must, in common jyith them, the. magnitude and importahce of the object to be attain* ed. ""rhey do^dt undertake to suggest tmy phm to you, oi'tke gentlemen, with whdiiv ^'Ou may act ; as', oii thiso'ccasibh, you 131031 be governedr by your local knowledge, and- the ch-cunii stances, in which you are placed ; but they beg leave to intimate,, that the signatures should be Obtained as speedily as possible, for they have just learned, that the present session of Parliament wilt come to a close maiih sooner, than they expected, ' " I have nothing to add, but to asrfurfe you of the c?teem-witli' which ' ' " I am, Sir, " Youi' most obedient hminble servant, « EDWARD HAY." "^ ' ' Biiblin , 4'^ Cupel slreH, March Qth,1&(n. ' ' ' " P. S. Through t;he apprehension, that the petition might, by- some miiichance, find its way into the p.ub'lic prints, a tiding, that would "be highly indecorous and' embarrassing, no more than a AdminislrdtioTi of the Duke of Bedford. 443 were little satisfied with their exertions in her, fa- >J^^°I;^ vor, she was however deeply indebted to them for the general restoration to her civil liberty, by per mitting the suspension of the habeas corpus act to run out. The Irish were not sufficiently sensihle' of the benefit of being no longer at the mercy or . Caprice of ministers and their corrupt underlings, as they had unfortunately been for a period of 12 melancholy years. But the inefficient or mock re vision of the magistracy, and the laboured eftbi ts to ^eep the great question of en^ancipation uncon ditionally at rest, left more soreness and suspicion upon the Catholic body, than the revival of the habeas corpus act infused joy and confidence. Upon the empire at large the ministers had the merit of having confen-ep-ression of those, for whose protection it was destined ; nor shall the character of a loyal people be misie- ])reseiited by those, who seek their debasement. Under your Grace's welcome and equal rule, we shall become a united and happy people ; cuUi- vatinij the blessiiiiofs of our genial clime and fruit er o o ful soil, and ever fostering as ou; best hopes, and most valuable possession, that estimable political system, our free constitution, for the preservation af which, and for thc glory and independence- of Administration of the Duke of Bedford. 44? the Empire, we shall consider no exertion too *^'^''- great, no sacrifice too dear." ,When tlie defendant came in to shew, cause T'.-orpo-iin- against the conditional rule, Mr, Serjeant BallBenk'" stated the affidavits for the prosecution, vi^hich set forth the publication of the address by the defen dant, and denied the application to the mggis-* trates of the town and neighbourhood of Newry, and asserted the fair and impartial administration of justice by those magistrates between every class ofhis Majesty's subjects. It also set forth, that they conceived the said publication as calculated to defame and degrade the administration of justice, and the magistrates ef the town and neighbour- hood of Newry. He then proceeded to state the affidavit of Mr. /.(Tii O'Hanlon, filed in this cause last Michaelmas i Term, which set forth. That the town of Newry is situated partly in the county of Armagh and "partly in the county of Down. That the ar'dress alluded to, had originated in a general meeting of the Roman Catholics of the town and parish of Newry, convened for the purpose of addressing his Grace the Duke of Bedford on his appoint ment to the- government of this country; and v/as prepared by a committee of eleven persons chosen at the meeting. That the defendant, accompa nied by two other gentlemen appointed for that purpose, did present the address, to which iht Lord Lieutenant returned a gracious answer. That the address was once published in the Evening He rald and Hibernian Journal, and he believed in nn on. 448 « The Reign of Geo7'ge III. 1807, other paper, except the Dublin Gazette, in which he believed it is usual to publish addresses- to the chief governor. That the Roman Catholics of the town ef Newry, from their numbers, being , three-fourths ef the inhabitants, and from their respectability and property, are the most important body ef that persuasion in any town ef Ulster, and therefore assume-d to speak without impropriety, in some degree for that province. That it was from these circumstances^ that the said Roman Catholics judged it right and becoming in them to come forward among the first to lay at the foot of the throne a representation of grievances, which the Roman Catholics had suffered ; to regret, that owing te a spirit of pohtical monopoly, and the improper exercise of subordinate and local autho rity, in different parts of Ireland, the relaxation of the penal law had not been attended with those benefits to the Catholics and to the community, which the legislature seems to have intended ; and further to expjess an ardent hope and confident ex pectation of an equal and good government under the present administration. That the construction of the address made by the prosecutors, was un founded. That he had no intention, nor, as he believed, had others, parties in the same address, but to represent abuses, which had been too gene ral not to be a matter of notoriety ; and disclaimed for himself and for others, parties to the address, any intention to libel or defame the magistrates of thc town and parish of Newry, er to bring the ad ministration of justice into contempt, and that the Administration of the Duke of Bedford. 449 abuses intended te be particularly alluded tOj were "07. -thosCj which had taken place in a distant part ef ^"""'"^^ thc county of Armagh some years since, and the affidavit set forth as evidence ef the facts, the speech of the late Lord Gosford, the governor of that county, made at a meeting of the magistrates convened at that period by his Lordship, in which the sufferings of the Roman Catholics, and the supineness of the magistrates were stated. The af fidavit submitted further, that the interpretation sought for by the prosecutors, could not be sup ported except by a forced and arbitrary construc tion of the words of the address.' The aflM,^vit went on to sa}"^, that he believed it to be the ^Jl- doubted riglit of the subjects of this empire to re present to the government, with all due respect, any matter of public and general concern connected, with the duties ef the government, or the wants and grievances of the people. That it is usual, am!, he conceived, a practice founded inexpedi ency, for certain classes or denoi^iinations of sub jects distinguished from the rest of the commu nity, by some pecithar characteristic, to present addresses to* parliament or to government, on mat ters of public and general concern affecting them. The detendant concluded his affidavit by stating, that though educated in the Roman Catholic per suasion, many of his nearest connections and most valued friemls, \ctre of the Protestant commu nion ; that he had always exerted himself to pro mote the peace and happiness of that part of the XOL. II. * o 450 The Reign of George IIL '^"''- country, wheie he resides ; that ever since he wa.s oapaWe of fornaii3,g a principle of action on thc subject, it had Wen his ardent wish to ,pro4note hbeiality of feeling and of conduct, between the diffeien-t reUgi(f)us sects ; that heliad ever been, the most forward to promote loyalty and pveaceable de meanour ; and that, so far from intending ar wish ing, by the address, to excite a spirit of sedition among the lower orders of Rojuau Catholics,, it had ever been his mest anxious endeavour to rer . press, ainy such spirit. Gondnct of. Xhc Cliicf Justicc expressed his surprize, that «ie Court. ... -^ V ¦ r i aftei» hearing an affidavit SO full}', so clearly, and sg natttially -explaining the motives and objects of -the address complained ofj and ilenying any in- lent'ioK of .offence te the parties, tlie pTOsecutors should thiuk of still persevering. That it was ja subject the court wished every ene, who heard tl>eHn to know, 'they would very unwillingly, enter tain, but if it were pressed upon them, they must go through it to the last ;. that for himsfilfj ,said the Chief Justisce, had he beenionp, of the party tp the application, he shoukl feel perfectly satisfied with the explanation contained iu Mr. O'Haii- lon's affidavi,t. At ailments he :ad vised /ttie coun:' sel for the prosecution,^ to postpone any, further ])roccedings in, the business fo* one day, as during that interval, they might see if the rcssntment of ^heir clients would net cool.. On the next day, Mr, Joyce addressed ,the couit, stating, that lie had hail consnltatieji with tvvo of tiie nia^istrates, who happened to be ii\,.to>iVii, and was CQUimis^ion- Administration qf the Duke qf ^dford. A51 ed by them to say, that from the opinion tlieir ^^^t. Lordships had e>{pre¥ied in ^his cause, they were "" ' deternuoed not further- tp UohWb th^ i^ourt \vi^|i it. Early in the session Mr. Biddiilph, \t?- the true Abolition of spirit of reform, m^d.e 4 motipp fov the abolition ^Je" of umiccessary t)iriee^ ami pl#C?s, on which Lord Henry Petty, after having gQue largely i^te wh^t hacl been done in England, eh^^ryed, that as to ' irrknd, he admitted, that much still -remainec) to be done. It would be recqjlectedi that ^bQ^t three yeai-3 ago, he liad (thoMgh qr the opposite sj^f of tlie House) warmly supported {i motion m^de by Mr. Foster, then Chancellor of the ii'sl' JS?cche-^ quer, for enquiring into the mod^ pf collectiqg tlie revenue in Ireland. That commilte^ was still acting in Dublin, and its reports wen? theri lying upen the table of . tliat How^p, They vyoyld see with satisfaction, that Sir Jojiu NP^VPP.^'t, \w^ brought in a bill for abolishing no less tjian 38 of fices reported useless. Whoever, h§ sajfl, knew the Right H,on. Chancellor of the E>^*?liequer, or the person, then at the head of the finance, or the noble Duke, who represented M^j/^sty in that country, migjit rest satisfied, th^t all useful sug gestions would he taken up by them, and effectu ally acted, upon. Hi.s Lordship wa§ ftw^Lie, that tliere were considerable difficulties in biealijpg thi-Qugh tlie practice of granting reversions in Jrf- land. No reversionary grant K^d hem iP^tle since bis colleagues had been in afiee. They h^^l re- fiainejJ fconi the practice, as they Iwd. it in con- 2 c 2 452 The Reign of George LIL J^°V, templation to attempt means ef putting an end to so mischievous a practice, liis Lordshij) then de tailed the new forms of proceeding, and the nature of the new warrants, under which the efhciei^t clerks and oflicers in the several departments were in future required to investigate and report abuses. Beneficiifl as these measures of government were to the Empire at large, and galling as they were to the partakers of the spoil, yet were they slightly felt or scarcely thought nf by the Irish Catholics (for after all the Catholics aud the people of Ire lahd mean the same thing). As a body they were. proscribed from participation, and consequently were indifferent, by whom the fruit was gathered. Some few exceptions of Catholic placemen were intended to negative the universality of their ex clusion, which tended to conlirin and perpetuate the generality of their prciscription. A.uiitionai c)n thc 4th March, after Sir John Newport had grant of ' ioooi. to obtained leave te bring in a bill for the better reeu- Maynooth , . ,, , ,i • ,. , . , ' . College, lation of the collection ot duties on houses, &;c. in Ireland, Mr. Hobhou.se brought up tlie report of the committee of supply. Amongst the resolu tions, which were grants ibr thc s'ervice of Ireland, one was for granting t£'13,000 to the Catholic Col lege at Maynooth. Mr. Perceval, strongly as he had formerly expressed his disapprobation ef that grant, felt his objections to it iucrease on further examination. As far as the Irish Parliament had undertaken to grant suppor.t to that college, he Was willing to go ; but no further. Eight thoii-. sand a year might be justly considered,' as the ave- Administration qfthe Duke of Bedford. '453, rage amount ef that pledged support.: Nothing is'^''- could be so desirable, as that the Roman Catholic "^""^ youth of Ireland should be associated in education with the Protestants in tlie university of Dublin. The number of students in the Catholic college, already doubled the number in the Protestant col lege, and yet means for encreasing that number were demanded. He concluded by moving as an amendment, for the words ^13,000, to substi tute the words ^8,000. Sir John Newport adverted te the tliff'erent acts.?''''^'^''" /, 1 • • ' - Newport of the Irish parliament before the Union, and answers shewed by reference to them, that the sums grant- vai-sobjec- ed to the Catholic college had frequently exceeded '°"^' ,£8,000, proposed by the learned gentleman. One fact would completely answer a great part of the learned gentleman's objections. There were at that moment twice as many Catholics educated at the college of Dublin, as were ever before known. It was impossible, that those, who were intended for the Romish priesthood should be educated by Protestant professors ; the proposition, therefore, of the learned gentleman would go to deprive the Reman Catholic priesthood of all education what ever, as of their former means of obtaining in struction in foreign countries, circumstances had deprived them. Mr. Grattan maintained, that a Christian of Mr. crat. tan sup- any description was Ijetter, than a man ot no re- ports the ligion at all; and he trusted, therefore, that^'""'' Protestantism weuld never be upholden by pre venting Catholics from becoming Christians. In 454 The Reign iif C?«d»^« ///. \^'^- his oprnion it was infiiiiiely better, that the Catho lic blergyhien«hfa*uld be educated at home, than in foreign countries ; that tliey should be the jicnsion- ers of the King of England,, rather than of the Emperor of f tance. Catholicity^ ptjJitieally coo'* sited to the Prdtestaht Charter Schools .^"2 1,000? To o-ther Pi'ili-tdstaut estabhshments ^20,000 ? To tlie eddlcation of Proj^es-fcaSnt foundlings =£20,000 ? To Pre&hytJeiMaai' schools J^Q^mOf And would they hesitate in allowing this Comparatively small sum to the CathoUcs ? W^ould j^ not shew a niai-ked ' liostility to them ? Lord How- Loi-d Howick supported the ^-rant ¦on the large, ro"tbe^stltepi^i^«cipte of con»eotiHg the Irish Catholic with the IiJiaTo". state. It was then particularly necessary to pror tnote the 'dOmescie -edtioatio-n of the Catholic cleirgy, as an imstitu'tieii ef gi^at extent had been formied at Pads*, ait thp he^d ef which was a Dr. • It is well known, th:^t a principal in3ucemenl to festsfblish th« Catholic cotregie at Mtiynooth, uas to "pre^^ent il»efliischief-of Administration qftAe DUihe of Bedford. 455 Walsh, a person of considerable no^o«;iety,, with a k»7. view to re-establi&h th?, pi-gctice ^f Iris,h, C^thoJic young men desl'med for thfi gospel mi-aistry b«ing sent 9bP9»d for that edueation, which the impolicy of the laws had 50 Jggg prevented them from receiving in their own totmlry. The com plaint formerly was, that ihey brought back with them the un constitutional principles of absolute monarchy and arbitrary go- Tcroment : the latter dread has been* that they woiild rsCui-n to th«ir native land infected with the licenliaus poison of modern democracy, and hostility to all establishlnents. The foHowing are the documents relating to this matter, which in May 1S08 ¦R-ere produced by General Matthew in the House of Commons in the jdebates on line grant to th^ M-aynooth college. Their in sertion in this note will lead more clearly to iEustrate the nature ef the miscfaicf, which the ministers so prudently wished to prevent. " In the latter end of autumn 1806, some printed copies pf an arret or deei-«e, signed Napoleon, I^gh B.Maret, Chait^a^m/, •nd Wtilsky Admittisirateur Genenal, dated Milan, 28lh FloFeal, An. xiii. uniting th« English, Irish, and 8cotch' Ecclesiastical Esiab'ltshment, in the French dioininions, under the general ad- . miiii^i^tion of the Reverend Doctor Walsh, late Superior of the Irish College at Paris, were sent from fcheivce,' vid Hamhur^i to fingtand and Ireland. At the same time DoGt&ir Walsh invited the students of St, Patrick's Irish College at Ijsbon, to repair to P.ai-i8, to prosecute their studies, and encouraged them to under- take the jaurney, by promising, that bbe expenses of it woirfd be defrE^ed, The Roman Catholic Archbishops and other Pre- Jgtes, Trustees of Matynooth CoWegp, hftvingaiet in Ihiblin on business concerning it in .January 1807, availed ihenMelves of the occasion, to express their unquailified disapprobation of tha invitation from Paris, in a letter to the Reverend Doctor Crotty, Rector of the Irisfa.College at Lisbon, a copy of whieh was sent to Mt. Secretary Ellioit, and also to Lord Howick, though he bad it jwt with him, wlien he spoke. " The Catholic Prelates oflrcland, eitheir GoUectively or indivi dually, never received any docunipnt or paper *vhatsoever sign- 455 The Reign of George IIL _\ . ,J^°\f cducatiorl at that place, and no doubt with inten- bion to make that eduoation the channel pf intror ed by Bpn^paj-le and Talleyraiid, or either of them, except a^ above. . ¦ ^^ -^^^ ^,^i Dublin, id January, ISQg. " Dublin, '24-th January, 1807. Rev. Dp.— Sir — '• We, the undersigned Archbishops, smd pishpps, have beien lately made apquainted with an pxtr^ordinaw^ proposal of the Rev. Dr. Walsh, of Paris, to fhe young men, at present under your care and guidance, in Lisbon, inviting theni to abandon that Establishment, and repair to fhe Seminaiy esta blished by. the Head of the French nation, under his direclioni in that city. You may easily conceive the degree of indignation >vp felt ^t such 3 proposal, Jjot can we believe,, that it proceeded ffom any but very sinister motives. We shall refrain', on tl^e present occ^sipq, to ipakp those comments, which occur to us on the generalpondMCt of Mr, Walsh, sipce the period of the French , teyolqlioi}; bqt jve caiinpt afojd remarking, that lliie great in ducements jioldejf put-to the ypung rpeq of youi; house spemed calcuUted tp inspire then? wjlh yenpratipn for, and attachrtenf to the present Frencl) Government; while, at the same time, he seems aciu^led by adesire tp alienate them from that'allegi- ance, which they owe tothe Government of their oi,yn country. . It is needless, to remipd ypu. Sir, that one of the principal duties pf a Clergymar) is to inculcate subordination to tl^e law's, i^nd al legiance to the established authorities, under \yliich be liyes. >Ve ponseqiiently suf)n)itto your cpnsidenation. whether an education reeeiytid uijd.er an hostile power, can ppssibly tend to enforce those majiiins. 'We have not the most distant idea of attaching Islame to you. Sir ; but y/p are extreijiely anxipu.*, that you should be ihoroughly acquainted \yith our sepliments on a matter of such seriovis moment. JJouod as we are by eycry tie of grati tude to tlie present Goyernment, for its very liberal support of an ecclesiastical establishment at Maynooth, and which', under fhe auspices of the present Administration, we hope will very shortly be considerably enlarged,, we not only feel it our duty Vo Administration of the Duhe of Bedford. 457 ducing and extending the political influence of the iso7. French government in Ireland. Mr. May ap proved ef theenducation of the Cathelic clergy at heme, as the means of enlightening and attaching that body to the state. Mr. Perceval's amend ment was negatived, and the original sum of 4i'l3,000 voted without a division. The Ministers were far from bein^ insensible ef Real c™- 1 1 • PI 1 • • 1 ¦ dint of nu- the workings or the secret cabinet against their ex- nistiy. declare, in the most unequivocal terms, our reprobation of such attempts to seduce the youth of your house ; but are determined to use, the authority vested in us, iii order to prevent even the pi^ssihility of excuse on the part of any of our Students, who might attempt to accept of that insidious offer. We therefore desire you ^ill convene all those, who are under your care, and niftke known to them, that we never will give any Ecclesiastical faculty jn pur dioceses, to those individuals, who should^accept pf the offer j and that we authorise you to declare to all those in holy orders, that by an acceptanpe of a similar offer, they will incur a suspension, ipso facto ; fit ihe same time, however, that jve |)ronounce this sentence, wp do confide, that their owri sense pf dnty is sufficient to prevent the necessity of it; and we do hope, that they will npt sufTpr thpir principles of allegiance to their lawful Spv/;reign to be hiased by the intrigqing disposition pf ihosp persons, )vho are the instrument^ of l^is avowed eiifcmi,es4 in disseminating di.scoid aud discontent, ''. Sigued'by the i^rchblshops and Bishop?, " RICHARD O'REILLY, FRANCIS MOYLAN. THOMAS BRAY, ' JOHNCKUKSE, J. T. TR?^y, ' D. DELANY, EDWARD DILLON, P, S. PLUNKETT. 'f To the Rev. Doctor Crotty, Rector cf the Ifish College at Lision." 45 S The Rdgn of George IIL IS07. istence. They were at the same time fully sensiljile of the vast powers of the Cat halie question, whra once brought into fiiU action to bear upoii a politi cal intrigue. Although they had successfully kept that question, at, rest during the present session of Parliament, they despairecl of their power .pf .c«n- tinuing so te do., Uufortunately fpr the Catho lic^ their cause was made the weapon both of ag gression and defence in this virulent, and, for soine time, clandestine contest for place. The govern- nient of Ireland having informed ministers, that a disposition had aiisen amongst tlie Catholics to prosecHte their claims, they were alarmed, under the full bonviction, that, "such prosecution would endanger thejr situations. Such, at the same time, was the imperious necessity for recruiting the army and navy, and such the natural appiehension, that the recruiting sources would be Susj?endtd or choaked up in Ireland more effectually than ever, that anxiety for place, as well as zeal for the ser vice, forced them into some sort of action upon the subject. They could no longer suppress the whole matter. Mr, Polisonby's prudent and cau tious efforts at conciliation had not kept the ques tion at rest. Those, who took any active part in forwarding the Cathohc -question, ascribed no me rit to government for having qtMeted the local tur bulence of the Threshers by the arm of the law. That was a thing at all times feasible : but •govern ment hatl heretofore found it expedient to engraft pohtical intrigue upon the occasion^, i(^)ei\haps unavoidable) soreness of the peasantry, and- trans- Administration of the Duke of Bedford. 459 mute popular irritation at partial and temporary '807. calamity^ into general disaftisction of the Catholic body at universal and systematic oppression. The English ministers were strongly (though privately) urged by substantial friends to them and to Ire land, n-Qt to permit such noxious practices of the old system to be raked out of tiie embers of Mr. Pittj and ligiited up into a flame hy his successors. They were leminded, that recent severities inflict ed upciH Catholic soldiers (and even upon their wives) fot -attending die divine ser\'iGe according to tlieir own religion, at Manchester and else where, revived the sense of former persecutions, a-ml -hr-oiiglit fresh into the memoiies ef the suffer- ej-s and their 'Oountrymen the many breaches of jiaiiliainentary,, gove^-nmeut and militaiy faith, pro mises and engage-rnents, upon the important head of fiee exercise of religion. They were warned, th&!t whilst chat sj'Stera was jiersisted in, an iii- ¦ flexihile ^ense of past-oral duty called upon the most fii-ni and r-eg-ular of the Irish clergy to dehort their flocks from lenlisting. The first weak, timid mea sure to meet tine difficulties, which in concurrence with the geaiar-al disappointment and fresh irrita tion in Ireland at the growth lof fos.tered Or3,nge- isiM, forced die ministers to view the mischief in its full extent and deforiaiity, was a notice given in tlie House ef Commons of an intention ef omitting or al-tCTing the clause in t^ie mutiny bill, vdiich obliged w-pi'y soklier to attemf the divine service of the establrshed church. It was i-epre- ^ented to them, from the sa pie quarter, tha t the ¦i60 Tlie Reign of George IIL J^^^ proposed measure would not meet the evil, as it could but affect the army (and that very imper fectly*') but would not even remotely touch the Catholic sailor. That miserably inelBcient step was dropped as suddenly as it had been taken up lightly. The cabinet Avas reluctantly driven to adopt some ether measure. In the coarse of some days Lord Howick gave notice of his intention to move for leave te bring into the House of Com mons a bill to open the naval and military services indiscriminately to all his Majesty's subjects, who should take an oath to be thereby prescribed. That notice was the watch word to the opposi tion : and every engine was instantly set to work, to convert that measure of govermnent into their to tal overthrow. The first body ef respectability out of the walls ef Parhament, that was attempted to be brought forward to oppose it, was the city 'of London. On the 5th ef March, 1807, the Lord Mayor, aldermen and common council, bein^ assembled in full court, upon a motion respecting the Catholics ef Ireland, Mr. Deputy Birch open ed the business in a speech of considerable length, and concluded with moving, '* That it appears to *' this court, that the bill intended to be intro- " duced into Parliameiit to permit Papists to fill '* olhces in the army and navy, under thc sanc- * That would only have protected the soldier from militaiy pains and'penalties for refusing to obey the command of his offi cer to niafch to church, but would have left him open to all the paii?s, forfeitures and disabilities of the 25th of Ch^r, It. and the l.stof Geo. I. Administration of the Duke of Bedford. 46 1 " tion of the Secretary at War, is subversive of J^"^ the fundamental principles of the glorious con- " stitution of the country, as established in 168S; " dangerous to the Protestant interest, the peace, " order and security of the British empire ; aud " that it is the duty ef this court to petition both " Houses of Parliament, not to sanction so alarni- " ing a measure, the oaths of supremacy being an " integral part of the Bill ef Rights." Mr. Sa muel Dic{cspn seconded the motion, and Mr. Bell, after having refuted the arguments advanced by Mr. Deputy Birch, concluded by moving the pre vious question, which was cairied by a majority of seventeen. On the 5 th ef March, Lord Howick moved for [^^^"Th? leave to bi i^ig in the bill * of which, he had given rtclrrtif' • As this ImII was tire pretended or real cau^ of overturning one of ihe most powerful Bdmini^t rations ever formed in the country, audit wa'; brought in not only for the laodable and ne cessary purpose <;f enabling the state to avail it-ielf of above five millions of his *Iaje.«ty's Catholic subject.-i, but also avowedly in the doubtful hope of keeping the vital qnession of their eraanci- paiioti at re.st, a Copy of it is here given for the satisfaction of all parties interested, in the subject matter. It was a crude and iU-digesled bill, suddenly adopted by governnient as a half mea sure, to supply the more glaring defects of a less than hall'iiiea- syre, ihe omission or altf.ation of a clause in the mutiny act. The measure, though embi-acing an object of transcendant ini- porlance to the empire, was purely the act of the iiiiuistcrs : they did not con,sult the Catholic botly upon it. Nor did they even submit it to the observations ofhis Roy-al Highne.*s the PH-nce of Wales, though .-o deeply aflfecled by the re-:U|ls, and so pfrsoii- ally interested in the original formation, as well as the credit and stability of tiat adiiiinistration. 453 The Reign of George III tso7. notice to the House, tie should have hojjed, that such a position, particidarly ^t such a time, would " A bill, for enabling his ]VJaje,''ty to avqil himself of tjie sei'r vices of all his liege subjects in his naval and military forces, in the manner therein mentioned. >' Whereas it is expedient, that' his Majesty should he enabled to avail hitoself of the services of ^11 hi? liege siubjects, io ..his naval ami military forces, for the maintenance of the rights of his. Crown, apd the interests,, honor and independence of th?, British Empire : Be it therefore enacted by the King's Most Excellent Maje-Hy, by and with the advice and consent of the Lords Spiritual and Tempbral, and Commons, in this present Parliament aaseiiibled, arid by the authority of ihe same, 'I'ljigif it sh^ll and may he la^yfol for big Majesty tp granf <»" confer, pr by his Royal sign mant^al to empower ihe proper officer or offi cers to grant or confer any military commission, warrant, or ap pointment whatever, either in his Majesty's sea or naval forces, or in apy of his .Majesty's land or military forces wbalsoever, to or upon any of his M-ajesty's liege subjects, without exceptioa; ami that ^very stjch commission,^ wanaot or appointment, so granted or gonferred, s)jall and may Ue lawfully exercised- by such of his M'c^jesty's subjects, in' *ll plficps within or with out his Majesty's dpminipijs, any law, sta,tute, or usage to the contrary notwithstanding. Provided, that vvei'y such person shjdl, withiw months ^ftev his accepting the said' com mission, warrant or appointment, late, njake, and subscribe the declaration ^nd paili hej-pin afKer mentipBed, which declaration and oath, shall be in,groiSse,d on the Ip^ck oj- at the fpot of the com^ mission or ^pointmenit so granted or cpufeired, apd shall be then attested by tiie signatHre of the Jwagisitrate or officer. To whose prpsepce t;h^ sa^we shad have hitsn subscribed, and by whon? the sflid oatj) shall havs lj«.«n administered. And be it further enacted,, thsJ sneh.oatl) and declaration may be adminis tered and a,tte;>tnd by 9ny court , of record, or'jndge of such court, or by any justice of peace or other magistrate having power to ajtlniipister oaths, jti aoy ,parts pf his Majesty's domi nions. And that, if the party takiii.,5 sad subscribing the same, Administration of the Duke qf Bedford. 46S have met witli no opposition. Understanding, ^ however, that there weie honourable members in shalU at the time of his sotajdng and subscribing the same, not be withio his Majesiy^s dpmiai|OOS, the same may then be adnii- pistered and attested by any general officer or commanding e-ffi- cer of his Majesty's land forcesi,or by aay admiral or command ing officer of his Majesty's naval force. Provided always, that in this la-t case the person bol4i;ig such commission, waj-raat, or appointment, shall, within months after his retm-u to any part of his Majesty'* dominioas. again take, make aod sub scribe the same oath and declaratioH, in presence of some court of record or n^igistrate as aforesaid. And be it further enacted, that no person having so taken, made, and subscribed such oalh %nd declaration respectively as aforesaid, Ki\ali he liable to any paias, penalties, or disabilities whatsoever, for having exercised or acted in or under any such <;o|RBiis^ion, warrant, or afipoint. meut, any law, statute, co- usage, to the conti-ary notv\ ithstaud- ing. And aliliougb such, perMiB shall not liave complied with any of the directions of any foroaer slat^jte resjiecting tie quali fications of persons holding or exercising offices withiu ifcis fealm. An, which had-tiot been at'any one moment extinguished dolf. iiig the 13 months of a, supposed adverse adniinistratipii, not to submit it to tlie'felider,;' wlio' will m'alje' hts own reraarksj upon it, It'proniivieiitly presses Ppdn^ tbe political necessity df tne royal Veto, and sbevts hoW strongly that gentlKihan synipithiied'with the higher powers, in separating the Catholics pf Irelahd fronr commonion with that centre of unity, in which they .hold the essence of the i^overnment of Christ's church upon earth to con sist. After anaife'ctfe'd. piearpbie upon his' love for his" Ca'thPlic coDhtr^inen, he spoke to the' folldwing purpart; " I have reid^ speeches stated to have been made at Rpntati C-Ath6lic ri)'e6Yiieople of Irelahd ;¦ that' v*e ai'e" b ,:t a sm-ali party. ; they say thtii's wSis the religion of Alfred, of ogr Edwards and Henrys, the conquerors-of France. When ' Henry die Second came here,' the Irish were Catholics, and if the bishops' of that day coPld, like Elijah', hTtVe'bequeath'ed' thel'r mantlfes to the pfesent, we should embrace' them as bi'eihrfen, and' as, fellpw fieemen. They refused the maodatea of Pope Gre gory. Why don't 'the Priests of this day look within the reate' for a head to their chiirch ? Let thern renounce obedience to a fp- reign'State ! 1 oppose only their subjugation to the Pope ! Let theni take' the oaih, tliat we have taken-J that the King- is the head of'the church, and I will be the first to hail their introdiic- tion amongst us. When ,Henry the ^Second came here,. all thft other Kings in Europe were led by the Priests jand had not tlie Irish aft'erwai-ds sunk into this base slavery, we would now be the happiest people on the face of the globe'. Whe'fi ihe relisxatibii Administration qf the Duke of Bedford. 475 access t,0; his M^esty. Tihe differences in the car 'so''-^ bipiet w.ere public.ly canvassed^ Lorfl Grenville had <^ tl\e^popery l9>vs^)-stcpt9n>?4ice(d, I, rejoiced- at it. I was pre- senj ifyhen Mr. Gardiner and Mr. O'Neill first exercisedi their ta^ lents and. influence tp lake, off restrictions; and then I little thought what the consequences would be. -(Here Mr. Giffard made some- ammad versions- upon the Gsitholic clergy, the sub- seiTiejitcoqditioniof the Bope toBonapartpi and the accuracy of ^^r,RiiCil)^T^,IVHiiSg''^'®'s-^'*'^-'"'yi-): We-aie charged vvith being Orapgpnien. Bjit sufely, when,bpd; men conspire, good men should as.sociate. Wh.ei\ the Orange sy.stem began, the rebellion was far adVantfedi in its organization. P-por nien, who were loyal in the country, if the.y had npt associated^ they would hay€;bsen,d§strpyed:sin^ly, Frppp tliis, tlie gallant yeomanry ap.os^. , Vjnegar Hill witaessed their prowes?., .The aid of Eng land has been e.'jtolled. Why, England did nothing. The English militia were top late. It was ihe Irish yeomanry retook Wexford, and saved {7 devoted Protestants upon the point of massacre:, at the. bridge^ each with a- pike and a Priestat his throat. Ivamjsorrytp be goaded to a repetition of things., If goveriynpnt,. and they will let u$ alpne, we wiU strive to forget them.' I ani an Orangeman ; I speak in the presence of Orange men, and I know nothing in the system adverse lo that great principle of the Christian failh ; love your neighbour, and do to all men,, as you, would, that they should do to you. Would to Qpd fill Pfotestants were. Orangemen f I wish the Catholic every- enjoyment, under and consistent with our happy constitution. I would not deprive the Jew of his synagogue; the Mahometan of his mosque ; much less would I wish lo injure the Catholic; a fellow Christian, who acknowledges the same Redeemer with myself. But I vvould not put.asw:ord into the' hand of a mad inan, as much in mercy to him, as to myself. I will propose tbpntopptitioii.ihe House, of Commons by our representalives an^the House of Lords by tl^e son of our King, the Duke of. Cumberland, a name dew to the .constitution, to whom I had the honor of bearing an address from this house, and who was graci ously pleased to desire me to tell tho citizens of Dublin, while he ronduct a-.-a'ii.-t I Cdt!lt):ic.- 475 The R eigii^of George III. 1907. a special ^audience of his Majesty at Windsor. The ' bill was giveA up or abandoned by Lord Howick, but the ministers were forced to resigii : and inas much as the consequent change in his Majiesft^V Councils was the triumph of the'sVstem arid the empire is now groaning under their rule, ,it;,i.s,, of the last consequence to, the welfare of Ireland, that the particulars of the expulsion of their pi'edeces-- sor.s and their iutFOtlhction into the uncontrouled^ powers of the state should be faithfully placed be fore her eyes, as n denouement of the piece of decepT, tion so long played upon her.. - j.-.^-w sc : . ni ?Tm siei's The new men, who had served in several capa- =.a'n.-tihe ctties undcr Mr. Pitt, and now he had heed dead Ibr some time, assumed a confidence 'aiid cpn'se-..' quence, which upon his immediate, dernis^,. they had not arioga.ted, but had unanimously. declanedi their incompetency-to wield the machine of sta'teV Thev Were rou'zed into courage by the secret advi- sers of the crowil to assume the awful chafqie in tlie .strength of the court influence, and armed with allthe antiquated weapons of -state intrigue,, used-;. during the two last centuries, with the single ex-' ception of the cry of the Pretender. Their most' ilevoted newspaper of the, 6th M'arch, having given, a list of the new arrangements, sai,d, " S^ch is th|e " Protestant adiiiinistration,, which his J\Iajesty lived they had a friend, and a friend to the constitution. 1 How move. That a petition be pre's'entetl to bolh Houses of tlie Imilife-' rial Pailiament, praying them to maintain ihd constilutioP 'in (.'hurrh and State, by refii'sifig the present deiTjanils of the Ro man- t'alhclics tif Ireland.-' '- ' ' - - - Administration of the Duke of Bedford. 477 " firmly attached to those principles, which seated 18C7. " his family on the throne, has appointed to re- '""'"' ' " place a ministry, that weuld have put the power " of thesword into thc hands of Catholics, and " have-made Catholics the generals of onr armies " and the admirals of our fleets." Mr. Pitt and his co-operators raised the question of Catholic emancipation (certainly for the immediate pur poses of deception). They endeavoured to retain the affections of the Catliolics by professing a con stant attachment to that object. The new mea more bold, (perhaps less insincere) put every thing in hazard, by avowing their own systematic hosti- hty te the Catholics, and denouncing all their friends in Parliament, ^as determined enemies of their King, their country, and their religion. ~ If the secret advisers had coun.selled his Majesty TReairor,?-- to dismiss his ministers upon unconstitutional ti"™!^^^';!-, grounds, it is evident, that their immediate sue- ^,^"^"''^"/ cessors by accepting of their places became respon sible for the advice, and must Stand or fall by it. Although none of them should have been the ac tual advisers of the removal of their predecessors, yet was it through them'and by their means, that the advice was" effectuated. They must therefore give up to Parliament the secret advi.sers, however exalted their station, or remain responsible for the advict. The sole ground of dismissal ,«tis the re fusal to give the written, pledge never more to re- commentl under any circumstances whatever, any further Catholic concession. Llad his Majesty dismissed them, as some wickedly gave out, be- 479 The Reign of George IIL 1807. cause they had attempted to impose upon or de ceive his Majesty, who was tilnely warned of it by his trusty servant Lord Vist30Unt Sidmouth, it was out of all probability, that his Majesty Shobld af terwards haVe offered te retain them iti his service itpon signing a pledge* What security was a feedteH or even public pledge against a deceiver and inl- , poster } Result of Once the secret advisers Of the croWH had sO^faf the secret ^ advisers workcd UDon the royal mind, as to dismiss the eoiiVicil. ..... Grenville administration, no chance was to be left tp repentance or retractation. ThdrefOre' the tWo' most prominent of the presumed S'dviserS Lords Eldon and Hawkesbury, obeyed his Majesty's- corii- raand.s, communicated to them throiigli the l>i!i'k6^ of Cumberland, in setting off for Windsor dt seven o'clock in the morning of the lyth of March; tliey remained there till three o'clock in the aftef-' noon, aud then returned to London ta the D'ukC Of Portland,- who was too infirm even to travel to' Windsor-;, with special instructions to advise' with his Grace upon the formation of a new administra tion : directing his Grace at the sa'nie timetO take' for his guidance the' advice and opinion of Lord Lowther and Lord Melville. Lord Chatham was also brought up from Harwich and consulted upon the final arrangements. Oii the 23d' of March, Lord Enston presented a petition from the Chani- cellor,' Master and Scholars of the University df Cambridge against the bill for allowing persons of every religious perfeuasioii to eliter into the arn'iy and navy. The petition was ordered to lie ori the Administrgtion of the f)^k? of Bciford. 47.9 table; when fttr. Dickenson rose to eppose it : but '^'"• previensly called upon LQf*l Howick toinform thc JJpwse, whether he weje as yet au,thorized, to com- TOunjc^tf his reasons for having postponed the 2d reading pf the bij], Jjtjs Lordship answered in tiie negative. At the same time, he was free to de clare, that, although he had tlien received his Ma jesty's- commands to deliver up his seals, ^ his Ma jesty had tjipnght proper to send for persons, not employed as his servants, who were then actually engaged in forming arrangements fer a new admi nistration. The eclaircissemeuts and minudce of the cabinet tactics forcec;! from the mouths of the parties in this ?;npst cvtraordinary contest for power, furnish more knoxyledge and evidence of tJie system, than all the historical documents from the reign of Alfred to the establishment of the doubly refined management of the court and se- n^t^ by Sir Robert Walpole. The Esposii made by Lord Grenville in the Lords, and by Lord How- icke in the Commons on the same day forms a most instrijctive aud important lesson upon thc systematiic: use lately made ef his Majesty's mi nisters. After the King had declared his intention of forming a ijew administration, and had actually appointed some of his new servants on theSGth of March, Lord Hawkesbury proposed an adjourif- ment for some days, in order to complete the new irrangements*, when Lord Grenville rose, and aft • The new ministers were appointed on several d:iys : for the ar.cangcments could npt ^e so iiastily settled, as the system w^i-^ anxious to "ct rid of the Whig °'' independent part of the old 480 The Rdgn of George IIL '^'^ ter having ppinted- to the particular situatiouy in which the government of the country then stood, he remarked, that when about six years before he and other servants of his Majesty had retired from office, they did it without explaining their motives: ministry. It was then considered at an end, and the new ap pointments commenced to be inade-on the next day, viz. On the 25th of March. Earl of Westmoreland to he Lord Privy Seal. - "*'• Lord: Hawkesbury, Secretary of Stale- for the Honie Department. •» Lord 'Vise. Castlereagh, do. Colony aiid. War Department. Geo. Canning, Esq. do. for Foreign Affairs. On the 26th, do. Earl Catodep, Lord President of the Privy Councili Hon. Spencer Perceval, Chancellor of the Exchequer. Earl Bathurst, President of the Board of Trade. On Ihe .30lh, do. Right Hon. Geo. Rose, Vice President, , ,S1. ' Duke of Portland, ^ Right Hon. S. Perceval, / Marqui-i ofTichfield, v. n^ ^ /^ Ireasurv. Hon. W. Elliott, I ,, ' "Wm, Sturges Bourne', J Eail Chatham, Master General of the Ordnance, Sir James Pultcney, Secretary at War. April U ' Lord Eldon, Lord High Chancellor of Great Britain. Duke of Richmond, Lieut. Gen. and Gen. Governor of Ireland. Duke of iMonti-isse, M-aster of the Horse ici his Mojcsty-. Administration ^ ihe Duhe of Bedford. 481 the consequence was,,, that great inisTepresentation i^s?. took place, aud their characters suffered much, .April, 3, _ Lord Mulgrave, -x Admiral Gambier, I Adm, Sir R. Bickerton, f . . ITT T u ¦ TI \ miss'ioViers Wm. Johnstone Hope, > ¦ ,. , . , r. I.* -n;- J u / oftheAd- Robt, Ward, Esq. .1 Lord Vise. Palroerston, \ ' James Buller, Esq. J Right Hon. R. Dundas. President of the Board of Cohtroiil, Earl Camdeh, -r Lord Hawkltsbury, Lord Vise. Castlereagh, Geo. Canning, Esq. Commis. for Duke of Portland, , managing. Spencer Perceval, the affairs of Lord Leavaine, India. LPrd'Teignraouth, ., Right Hon. T. Wallace^ Geo. Johnstone, Esq. Lord B. Somerset, "i Joint Paymas- Charles Long, Esq. ^ ters. April" 11 '. Geo. Rose, Ti'e'asiirer of the Navy- Baron. SuttoQ, crfeated Lord Mahners and Chancellor of Ireland. Earl of Chichester, Post Master Ge neral. TT , . -r- "i Joint Secreta- . Huskinsou, Esq. / TT o '\i7-' II 1 I "^'fis of the Hon H. Wellesley, \ J Treasury. Sir Wm. Grant, Msister of the Rolls. Sir VicaryGibbs, Attorney General. - Wm. Pliwner, Esq. Solicitor General. Sir A. Wellesliey, Chief Secretary to the- Lord Lieutenant. VOL. ir. 2 I dismissal. 482 fhe Reign qf Gearg)e lit ^^_. To prevent similar effects, he spoke to the general subject nearly as follows. ' i,or(iGr.-n- Ou thiec qucstioHS onW did Mr. Pitt and Mr. ville's £.v- . ,. \ • -I i-'-'i pnse ofhis Fox agrcc duriug the course ef their long political lives. These were the sinking fund, the abolition ef the slave trade, and what is called the Catholic question. Two of these had been carried ; the first as soon as it was proposed, and the second after great delay, and having to encounter every species of artifice and misrepresentation. The'third rijsted upon such grounds of justice and. policy, that he could not conceive how any one, who uaderstood the interests of the country could oppose it. On a fornier Occasion, he had siacrificed objects of am bition and gratificatiori, and he was ready to make such sacrifices again. He did it upon the principle, that four millions of subjects were to be governe4 by conciliation aftd kindness, and not by intole rance and exclusion. I^ifferent overtures were af« terwards jnade to him for his assistance. His an swer invariably was, that his Sovereign might com mand his services, but he never would relinquish the privilege of speaking his mind on the question. An opportunity afterwards arose, when tlie Catho lics of Ireland wished- to have their case taken into consideration. They did him the honor of select ing him to present their petition, which he wil lingly accepted. ' Upon the event of the motion, which he then made, it \^'as not necessaiy for him to trouble the House with any observations. Tiie majority, who rejected it, coiild not have been lui- derstood, as having given a lasting ptedyc. that Administration of the Duke of Bedford. 483 they would never accede to it. Some months after i807- that, the country wa;s deprived «f the great States man, who then was atthe head ofhis Majesty's councils. The King sent fer him, under the im pression, that he might be usefdl, not in supplying the loss of that great man, for that was impossible, biit in forming ianother administration. In form-' ing that administration, he did recommend such pferstohs,' as he considered to eiitertain sentiments most congenial to the constitittien, most of whom ' were known to be friends to the principle of grant-' iHgieVery indulgence to the Catholics. When they were known te cntertatn such sentiments, could hecdncrfVe, that they would be called upori toex- eteise their duty in any other mode than tiie con- ' ititution required, which was'in the words of their oath, to give ''full, fair, 'and open counsel to their Sovereign,"" and to advise him upon all occasions, to the best of their Judgmdnts ? No idea was ever holden out to them, ' that rfhere was any objection to the 'concessions in favour of the Catholics. Far from it. Within these few days even, he had au thority to say, that they came into council with their judgments unfettered. He would at the same time acknowledge,' that it was not their intention to jiress anyiheasure of that nature, except tieces- sity required it, Hcdid entertain hopes, that such a degree of satisfaction might be given to the Ca tholics by his Majesty'* representative in Ireland ; he did hope, th&V they wOiild ffnd that security in tte constitution of the cabinet, that they- would ' not think it necesiBary to stir 'the 'question. His 2 I 2 484 The Reigiir of George IIL .,. 1307. object,, and tlie,. object of tliose^ \yho acted wiit|», liioi, was to knit Cogpthcr ah classes- of his, Majesf ty'^ subjects in that country by ^a. mild apd concilir atoiy government. He entertained hopes, that such a system would supersede the necessity, of agj- tating the question,, particularly when it was, known there were objections to it in a certain quarter,, th^tf it would be, strongly,, opposed, in Parliament, and that there, was not; any prospect of success for a. considerable time, Accordinglj^ they took.rnean; sures to prevent , thp revival of ; the qUje^iop,,, and they succeeded last year. Som«^ symptoms, however, of that disturbed state, . which in his, opinion could be best prevented by tiiat measure, broke out. .To the honor of the.nobleDuke, .who, represeiited his Majesty, they were composed, not, by having recourse to harsh ^measures, , bat by civil, justice alone. The attention of ministers was-.soon- after, called to thp- situation of, Ire^nd, by the ret presentation of those, ,\v»Hjo IkkI the. best means, of ascertaining the state of the public tinnd, in that; country- ,-; , - - '. Lord Gren- If tljc Irlsli Ibav wcrc adoptcd,. he meant the law ^ueY°""' of 1793, would not the EngJish Dissenter have a right to say, " Upon what jninciple of justice do -" you exclude me,. whUe. you are a fiiend to the "Cathohc r" For his- p^rt^hei was so much, a friend, to both, that he v'ould have no distinction made, asr far as regarded ,na^al ai-,n>ihtary employ ment. . It, was th^-refore their opinionj that if any bill were, brought fmward, it should be so framed, as to include per&oms of all religious persuasions ; Adminiisli^^oi^^jfhe j^^^of .Bedford. ,m5 ¦aadiaueh was theiopinion;- that he, fo;riQ«e,ithoMg3lt ^^ itij^esisapy to submit- the meiasure. to_ liis iSoive^ teign. a In so doing, the west scrupulous care hail -been?; ob&ervied- ; The draft of the dispatch te the Jiord. Liantenaint, Taiatiye; to thecomimiihications, whiefcihe was ito have with fthe QathQlios,.iwas §ub- iiiitsfcd' .to hi*. Majesty, . and met with, his approba- 'tion, ,.-This:dra[ft,T^cited, thftt,hy, an act of the ij'irfi Parliament, the army -a?kd navy were UJd lO^R, to the ipeople of that country, and did ithen |Br^osi3, that it should he in his Majesty's power to ^me ttomniiissions,- sttbjec,! to ia certain oath. They pointed: out thfe diffeience between the law of 179^ and that, which they meant to propose; and having done that, they conceived, that they had ,done all, that was necessary. After ,3o-me objec tieris his Majesty gaveJiis consewt,. ithat ;the measure should be; -pi'riposed, and authorilry wasjgiven to the Lord LieulfcenaHt to communicate, by liis Secretary, to the heads of the Catholics, that tire airmy and navy ihoiild be opened to them, o. In that interview^ it Was: asked. Whether it were intended, that the re- stiwctioin respecting generals on thestaff should .be done away ? And. it was ansxVened, in. the words of " tlie dispatch, that it was. The Lord Lieutenattt's dispatch,;. sitating tliese~. circumstances, was sent tohisMa^Sty for liis^ perusal, and returned with out any remark. The draft of another dispatch, in answer to this, was also ^ent to the King, and returned without comment or observation of any kind, What were they to conclude from this, bat that 'his Majesty approved of those dispatches? 4&6 The Rei^ of George III. '¦¦'^- ,J^^ Was it possible' to do mere for tbe purpose of as certaining his opinion ? What must be their feel ings then,' when they saw libels circulated,^ in which it was asserted, that they had deluded their Sove reign ? The measure was proposed by Lord How* ick, a man of as high add puhctilious honor as ever lived, 'and he would not have done so, if he had not conceived, that he had full authority to do it. That noble persen came from the conference with a perfect conviction, that he h^d permission to propose it. He was at the very time waiting at the door to be admitted, ^nd Lord Howick told him distinctly as he came out, that he had autho- jity to propose the measure to Parliament. He hkd an interview with the King immediately after,: at which his Majesty did net mention on^ word upon the subject; nor, indeed, Was there a word said to his Majesty about it. He would ask their Lordships'. Whether the circumstances he mentioned did. not authorize the conclusion he had drawn from them ? Th§. busi ness was accordiiigly opened by Lord Howick on Wednesday the 4th -of March ; and it was not until the 1 1 th, that he understood some misconception existed. On that day he learned they had been mistaken, and that his Majesty's consent would be withheld. Nothing more passed than, expressions bf disapprobation ov\ one side, and of concern on the other. Resointion Mucli discussion took placc OU thc next daty thetiii!' '^^ ''^'""'^o those, who \yere fi-iendly to the bill They found they had proposed a measure net agree able to his Majesty, and they came to a respUitio% Administration qfthe Duke of Bedford. 48/ for which he did not know they were perfectly ex- ^8°''- cusable, to withdraw parts of the bill, and te sub mit it with modifications. , They proposed to his Majesty to be allowed te modify the bill to that of 1793: a proposal, which was received with graci ous condescension. Upon reflection, they found, that the difficulty : respecting the Dissenters was JBSttrmountable ; and accordingly^ they stated, in writing, that as they coxdd not alter the bill as they wished, they requested, , that they might be permitted to, drop it altogether. Perhaps their Jjordships would think they had gone too far in consenting to drop a measure, vvhich they con ceived necessary for the safety of the Empire. His answer was : they wished to accommodate their conduct te the feehngs of his Majesty. The mea sure, however, was before Puirliament, where it re ceived the warm approbation ef m^ny per;sens, and it was out of their power to stop the discus sion. It was not to be expected, that it would be allowed to drop without discussion, and withouf ministers being called upon to account for their conduct. Had they allowed the bill to ^rop, still the measure weuld come before Parliament in an other shape, and they would be obliged te e3£plair> themselves, and state why the same conciliating policy, which they recempiended out of office, was not followed, when they were in. T^ey there-, fore felt it to be indispensably necessary (he would tise the very wOrds they employed) humbly to submit to his Majesty a representation as to their future conduct; /fhey did not state, that they 4S8 The Reigh of George IIL -v'-K. J^°2j 1^"^* reserve to themselves the liberty of SMhmitH tingto his Majesty, sucli measures, as .they thought necessary with respdct to the Catholics, hut of Submitting them to his Majesty for hisj derasiDhC They ailiso-' reserji'ed the privilege of iqxplai$ii|ttg themselves,' wbeiafever this sulgect shoukl be farongjut befoffi Paiiiaimient. ' The answer wasa gracious ac4 ceptance of what they had proposed, accompraii^' with an expression of regret, that any neucssity should arise for avowing such qpiniojiB to Parlia ment. . iji ¦'> Of U:'-n< r. -q Unconstitu- J'To their utter astonishment, howeeer, tl^ey weti pTedte de- soon after called upon to ' give- a ^vrittea pledg®, manded. ^^^^ ^^^ furtter colicessioB to the Cathohcs should lie proposed. Il A more painful condition could not have' been imposed upon any set of men. oWbat would be their sii:uatiqni if they w^re to be bounden by their oaths, and fettered at the same time by a written engagement r Were they to withhold tli^t advice, which they might deem necessary: for, the, safety, nay the "very existence of, tlie empire? What would be the effect upon the xonstitutioni Could it exist, if such a principle were recognized,* as tliat ministers were acting upon a vyritten pledge of the nature he had stated? Suppose tbe-icxist- ence of Ireland at stake, and ministers were called upon to account for their coiaducf,) was he to, jus-, tify himelf hy saying, "Oh!- that corner was- " torn out of the map of tlie Empire, which wasi " committed to my keeping." ., Would not there- cognition of such a -principle strikp at the veryreot. of the constitutioi?!, 'overturn the maxim, -f:' That Administration of the Duke of Bedford. 48^ "•the King can do no wrong, butthsithis miriis- w- "ters could," and re-establiph that monstrous and '^""''^^ diabolical principle, by which a Sovereigii was brought te Uie bar of his.subjects. He would pot %.^ up i?i|p3^ pf their Lordship's time. When it pleased his Majesty to call him to his councils, he a,ccepted the invitation^ not as a matter of enjoy ment, but as a rnatter of duty. He would assure his successors wliJitever they might think, that t|iey npithpr came tp " a bed of roses," nor have they left one, hehind thei». As to Ireland, he w^uld say, that if ariy other system was adopted ^fre, than that wliich was so happily pursued by by his noble friend near him (Lord Hardwicke) a^^d the noble I)uke, who succeecled him, that country W9uld he in immense danger. If even those religious animosities were revived, which h^dproiduced such extr?.ordinaiy exertions of the authority of government, jt wopld, he feared, be inipossible again to allay and compose fliem.* • Although no debate ensued iipoh this -Expose of Lord Greh- Tille's, yet Lord Hawkesbury said some word.i, which threw consi derable light upon the hi.story, but shed no lustre upon ihe honour ahd consistency of Mr. Pitt, who, to regain his situation, volun teered that very pledge, which Lord Grenville and'his colleagues nobly declined, when called upon by their Sovereign to subscribe. " As Lord Grenville had mentioned what he conceived to be the "¦ line of his dut3-, by instancing the conduct of that great man, " Mr. Pitt, who, when he went out of office, on this very ""question, yet on t^is return djd voluntarily stjUe, that he •*¦ "never would brinj the subject again' under his Royal coliside^ "ration. Whence did th'Ts disposition arise, but from a laudabla "'attention to the conscientious feelings of his Sovereign. Hc '¦ did oot state this with any view^of casting tbe smallest re- 4S0 The Reign of George IIL 1807. On the same day after Mr. Huskisson had mov- lord How-ed in the Ilouse of Commons, that they shouldj^j pasl adjourn to the Wednesday se'nnight. Lord Howick addressed the Speaker in a very impressive man ner; he prefaced the explanation, which he had promised on the preceding evening, with several observations; which were nearly shnilar to those' made by Lord Grenville, and then spoke nearly as follows: " Sir, it is neither in Thy nature, nor in my habits, to shrink from the examination ef my- life, but I am induced to this alternative, either to submit to have the public mind prejudiced by re ports and misrepresentations, supported by partial extracts from Confidential papers, or, in the absence of those, who cannot now be present, te do that, wliich justice to myself and to my colleagues im periously call? upon me to do. By a fair, open, and manly exposition of every part of the late -transactions, to afford the only antidote against the mischievous effects of those garbled statements and wilful misrepresentations;.* Under such cir- " jiroach on Lord Grenville, whose conduct was different, but to / shiiw the regard, which a great minister had paid tothe wishe,8 '' of his King, on a question which involved scru^jles of co«- *' science in the Royal breast,'' • In a subsequent debate on the 15th of April, upon l\Ir. Lyttleton's motion, which will be noticed hereafter. Lord Castle- rtiigh explicitly admitted .that " What gentlemen had seei^ of " the documents connected with this transaction, had been pro- " dtjccd by the permission of his Majesty, which pernnssion had "been solicited by his Majesty's confidential servants, in con- " sequence of their knowledge, , that those minutes had bepn " communicated to ttvo individuals, not mpnbers of the cabinet, nor Administration qf the Duke qf Bedford. 49 1 cttmstances. Sir, tt is impossible in the fulfilment ^J5"\ c^ my duty to myself, to my colleagues, to the Honse, and to the country, to suffer such a period to elapse before I make this explanation, as must necessarily intervene, ere the persons, to whom I have alluded, can resume their seats in Parliament. Their absence, however, will have this effect; it will induce me^to confine myself as closely as pos sible to a dry statement of facts. It is well known. Sir, that when the late administration was formed, it contained in it many members, whose opinion.s and principles on what is termed the Catholic ques tion had been recently manifested in that mostau-, thentic way, in which the opinions and principles «f public men can be manifested, by their speeches and' votes in Parliament. They came into admi nistration, therefore, with a general knowledge of those principles and opinions ; for certainly no ex pectation could have been entertained, that those persons, whose characters were sufficiently known, would be willing, for the sake of any considera tions of emolument, to abandon principles, which they had so lately and warmly espoused. No such requisition was proposed to them ; if it had, it would have been incumbent on them, in support of their honor, and I am sure, that tliey would have felt it strongly to be their duty then, as now, tp decline office. While I assert, that the senti ments of the greater part of the members of the Tate adniinistratiou on this subject were well known " qf Itis Majesty's privy council." Such breach snd nhuse of csibinet secrets command deep reflection. 4B^. ,; The Reigh of George m. 1307. on their toraing into povKCT, I ido. not preteftdiito denyi, that the diifficulties,! iwhieh 'esxistefl in -tlsjl^ way of any farther ooncessacKn.tQ the CathoUcs of E'lagla^d awl ; Ireland weit; also well ;known.lt'!B«iffe as they cawe J»tD=foiii3e junfet'tered, and free t(> offer their advice on this: impoo'tant question, so ^tsOi'I will ansiflser for every individual' of thein^ they came into office with a; sincere desirCj while they adhered to their principles, to avoid every subject,; that, might prove repugnant to those feel- idga,, which they, were bound, by every motive 6f dnty, of affection, and of attachment, to respect. This was the state of the case ; their opiniotls on tbe Catholic question were well known ; but they hoped, by a 'conciliatory mode of government; ttf keep the question at rest. For a long time no difr" ficulty occuTfed ; at length, towards thfe- end of last year, so-me' circumstances took place in the West of Ireland, the most valuable, and (I much: fear) the most vulnerable part of tlie empire, whicli calledrnpon his Majefsty's ministers for attention; and which strong'ly excited the anxiety, -that such circumstances must naturally excite.- UnwiUiiig- t,o use that force, which, 'but two days after- the meeting of this Paiirament, was strongly recoin4 mended by a person in that House (Mr, Perceval) who was toO' impatient to wait for~the operation of the more lenient measures, his Majesty's ininistei*s hoped (and that hopte was gratified) to reduce the spirit of disturbance, that haid been man-ifested, by a vigorous exertion of the. power of the laws alcHie, without resorting to any intemperate proceedings.3 Administraium of the. Duke of Bedford. 49S> T^Si -OGCUfrrence, bp)vever, iwturally led to thecon- ^^¦ ^Wation of some measurej; Which might at once give satisfaction to,^the ipegple of Ireland, and stimigthen the., ineans andi policy ;P^. the Empire. Various were, the propositipp^, that were agitated ip. the. cabinet,: but that, which was dgenwd to be the mest advantageous, was what I had the honoc of reGommending to, the adoption, of this House. Itia^pear^d tous calculated. tO; be highly benefiGiai^ to>the:Empire at large,, hy affording; ;$ha,niea,fis-Qf se^ruiitingir to the greatest possi blie ex teat, the army z.p4t the .flavy, from which; so many^ persons a-re n©w excluded by what We conceive tobe weak and ill! uaderstood policy. It appearad to us calculated ta he higtlily beneficial to irelfiiiid for the reasons, "which I h*(ve before' stated in this- Hot*s6j, asi tend ing to traiHiqIliUize that country, by, homing out to tlie gentry the prospect of rising; in the military aid naval services,- and thus attaching them tjothi% tjountry ; anidalso by affording a vent to the per-- haps- superabundant population of Ireland, and Ihns drawing: front the sou/rcesof discontent, .die isieans. of strength and union. While this mea&Mre was undier thc consideration of his. Majesty's mi- Bisters, letters were received from the Lord Lietue- want of Ireland, in which his Grace stated, that a disposition had arisen among the Catholics to pro- sefcute tbe claims, which they had so lately and so unsuccessfully urged in the Imperial. Pailiainfint, 1 was tlie known supporter of those claims, but % could not avoid considering the prosecution of them, at that moment, ^^s mo&t impolitio. As far 49^ The Reign of George LLL. ^^?^ as my private opinion went, I did strongly recom mend the discontinuance of- any such attempt? The impartial measure' then under contemplation appeared admirably suited to induce that discon- • tinuance, and that discontinuance was effected. Siich, Sir, were bur induceJments of policy- and principle. * ' - • But we had also another inducement ; we did continues hopc, that thc limitcd mieasure woiild not encoun- on the go- ^l. •• ' -i-i '.n-i i *rnment ter ttic oppositjon, to which wc well knew the ge- '' '*¦ neral question was exposed. In reverting to the act ef the Irish Parliament of 1795, we found, that a pledge had been given b}' the highest ser vants of the Crown,: that a similar measure would be brought forward in this country. Tliis was re- cortled in the Secretary of State's, office, by a dispatch from Lord Hobarf, in which he distinct ly stated the fact. This becoming a question,: not of policy alone, but also of good faith, we did hope, that the limited measure might receive the assent and approbation of what, Ou the more general question. We were aware there was nof hope ; and which 'general question we therefore sliidioiisly atwided. On these gioundspthe mea sure, that I had the hotlor of introiluciog into the House, vvas subnfTtted to his Majesty. A dctaiJed dispatch, which I wish it was in my power to lay^ upon the table, was written- to i lie Lord Lieutt- nant of Ireland, stating explicitly the motives of this} measure, and this detailed dispatch was sent to his lifajesty, accompanied by a cabinet minister. From that first propjosition, lii^ Wajesty certainly Administration of the Duke of Bedford. , 495 expressed' a strong dissent. On that dissent hav- iso7. ing been made known to them, the Cabinet deU- berated, and the result was, a respectable repre sentation to his Majesty of the grounds, on which they thought the measure expedient. To those representations was tetuined an answer, in which his Majesty, with considerable reluctance, un- •ijiiestionably signified his assent; certainly with reluctance ; but it was a positizfe assent. Under the- sanction of that assent, the dispatch was sent to the Lords Lieutenant. At a conference with some of the Catholics in Ireland, Mr. Elliott, the Secretary of State, informed riiefti ef the separate measure, which it was intended to propose. Somp discussion ensued ; and to a questien froni a Mr. O'Connor, whether eVery rank in the army were to be open to the Catholics, or whether they were still to be precluded from 'the 'staff; Mr. Elliott's answer was, that as the wor'dsSaf the dispatch im- ^ied, that the Catholics would be allowed to hold afiy commissions in the army, on taking the oath of allegiance, iic conceived tjiat the staff' was in cluded.' A dispatch containing a special accoun,ti of this eonfer^Bce, was sent to his Majesty's go- Veinment at home, aiid sbon after a second dis patch, in which it Was stated, that the subject had been referred to the consideration of a gene.* i-ai meeting of the Cathylics, by whom, notvvith - standing the doubts, that had been incidentally thro\v^ out, it was understood, that every military situation was to be readeled accessible to them,. These dispatcbe's, Sir,' containing these explicit 49^ 21i& Reign of George III* ,, ISOT. "statements, were sent to Jijs Majesty at Win-dsor, and received his most gracious perusal ; but no ob>» jection whatever was then^made by his Maj.esty to the. measure, to which they related. Hofwever^ subsequently, to this period, there certainly, did axise a doubt, whether the; measure had beeii distinctly understood in its fullest extent; :lt is only fair^t^ say, that this doubt originated, with some membpre of the cabinet. ,On its being, started, I,, aud some others, with wham I had the, honor to act, wet? most anxious, that i|; should be- completely removy ed, before the :initj|-pduction, into Pyliament. .1 have always considered, that a minister in J*arjia- ment aqts in a double, capacity ; be acts, as a- minis ter, an4 hears as an, individiial merphei' of Parliar- inent. He piay introduce or support a ,nie,asii^5 imconnected with government co,n8idjera tions, Snfih was the conduet ,of Mr, Pitt ou the proposition? for reform, and for the abolition ef the,, Slave Trade; tlie latter of which has, .thank, Gpdyheei^ at last effected, and is a measure which, if there were nothing else to distinguish the late governmeBt during the short period, .tliat it had existed,,, will shed on it .sufficient lustre. But vvhe^n a member of adiTiinistiatiqri introduces. any measure as a mear sure. of government, it, is most clearly his duty to be previously convinced, that he has the concur rence of the cabinet, and the sanction of royal authority. I should, indeed, have thonglit my-; self reprehensible .in the highest degree, ajjd de serving of all the foul repro^cli, that has been so lavishly bestowed upon me, had I introduced the , Adm.inistrdtion qfthe Duke'ofBeiford. 4/97 measui-e^ Which I did introdiicei without jhaving isot. ¦ascerteimed, that it had the. concurrence of tl^ ' ^ the ^abi^et and tlie sanction of tlie King, ¦ I have before stateil, that a doubt sprung tif) Farther with 'regard to the latter: it Was therefore deter- Tthedf™ -that I (Lord Spencer being absent on aeceuntdf «'*"''• ill heialth) should write a dispatch to the Lord Lie-utenant of Ireland, inclosing those clauses of the hill, in which the pr-opesed measure was con tained, and restating, in conformity to the senti ments in the dispatch, which had been sept in a«sweir to the communieati-on ef Mr. Eltiottfs con ference, that every COtrtmission in the army" Was to he open to the' Cathohcs; : This dispatch I wrote with a« much clearness, as' it -Vi'as in my power to do. With these dmises it went to the King on Hlonday, On Tuesday it returned from Windsoi!, without the slightest hint of bhjectien on the part of liis Majesty; and as I had been accnstomed to do, en teOeiving the rOyal sanction, I immediately forwarded ihc*Hspatch to Ireland. In the -mean time objections' were stated^ merely- in point of fiarin, to the niode of proceeding in this measure fey clauses in the Mutiny Bill, and on a full recon sideration of thesiibjeGr, it was thought better to introduce a separate &ill. On Wednesday I attend ed the levee at St, James's, and had my usual au dience of his Majesty, After, that audience, his Maji^sty enquired, what hnsi-nesS was going for- ward that day in the Hduse ef -Commons ? I re plied, that the Mutiny Bill was to pass throligh -one of its' stages, and explained to his Majestjr the vor. II. 2 K 49S The Reign of George IIL W^- reasons, which had ; induced me to embody the clauses for allowing the Catholic's admission intp the army aud navy in a separate bill. His Majes ty approved, of the change, ajOd then asked me, whether the bill were the same as the Irish bill of 1793? I stated ip what. the jdifference consisted; .observing, that it had been fully detailed in the va- 'rious dispatches previously submittt^d to his Ma jesty's insjjfection, I Here, Sir, I must acknowledge, that, his Majest}' did express a geneial.dislike and disapprobation of the, measure ;.,but tiot in such a manner,, as to induce me to conclude, (that the re luctant assent originally given by his^Lvjesty was withdrawn, aiiil that I was not empowered 10 in troduce the bill. What confirmed me in my opi nion was, that my Lord Grenville had a subsequent .sudieuce with his Maj^ty, in which his Majesty .sented fe the public. In falsely stating, . fhat we wished to reserve te ourselves the right Sfpressiri|i "this subject on his Majesty in future, it has been omitted, that our only risk was to submit any mea sure to his Majesty's revision ; it was omitted, that we assured his Majesty ef eur earnest desire to re gard his personal ease and comfort. Sir, in what situation should we have been placed, had we ii6t retained the right of expressing our sentinieiitS? The bill introduced by us must be withdrawn. I certainly felt, that witliout exposing his Majesty's opinion, I' might have assigned sufficient reasniis for withdrawing the bill, on account of the Oppo sition, which had been made to it; but. Sir, was it possibic, consistently with mine honor, and co'n- sistehtly with my sense of diity to my cilifeagu^s, , that IcOiild refiaih from declaring lily own senti ments upon it ? Besides, in withdrawing this mea- iuic, we had actually- to look to a. Catholic peti tion, and to the pressing the general question witli .more eageriieSs than ever, on the consideration of Parliament, His Majesty in reply, expressed. his .•'riti,sfucti6n at the deference we had shewn him, but required us to withd'raw the ether partof birt ,^tatenlent, and to give .an assurance in zcriting, liot only, that we Woukl never again propose tlie measure iiv question, but also, that we wortld never Administration of the Duke of Bedford, 5QI propose any measure connected with it. As far as ^^°''- personal motives operated in this demand, I ani convinced, .that they were of the purest descrip tion. For during the short tinie, that I had the honor of being in his Majesty's service, I have had frequent opportunities of remarking his Ma jesty's gracious and benevolent affifction for his people, and the anxious dpsire, by vvhich he is urged to prOiUiete dieir welfare. As f^', therefore. Sir, as his Majesty was personaVy concemei,!, I can have no doubt, that in this demand he w^s ac tuated by the most honprable and couscientious motives alone. But neither I, nor any of my col leagues being able to assent to this requisition, we, Stilted to his Majesty the impossil?j,lity of our complying with it. The next day his Majesty, in the same gracious manner, tli^t we have been ac- c»§):pmed to experience frem l?im, informed us, that he must look out for new servants. Two days afterwards I was authorised to state this cir cumstance to the House, and on Tuesday last his Majesty signified his pleasure, that \ve should re sign our offices next day. This is a statemeut of th? whole transaction, as far as it can be stated, withput a reference to tlie various documents, that I have described. I much wish, that thpse docu ments, in an unmutilated sfate, were before thp Hpuse ?nd tbg public ; and if his Majesty will be graciously .pleased to give orders to hi^ servants to pj;qduce them, I foJ pne shall be grateful. Thpse documents will bear me comi>letely out in the .as sertions: first, that we did not propose the mea- 502 The Reign of George III. :'80'?. sure to his Majesty without haying ^ufficiprit ipo- tiyes for so doing: secondly, that wp did ho't pro pose the measure te Parliament without spmcient reason to be satisfied,' tliiat it had his Majeisty's concurrence : thirdly, that when We dis'povered hi? Majesty's unsurmountable objection to the measiite, we fulfilled our duty by acceding tq it ; and that in adding the respectful requeist to allow us the li berty tb state our opipions on that subject,' and tq propose to his Majesty any futuie measure", that we inight think expedient, accompanied with the as; suiance pf our anxiety for his Majesty's personal ease and comfprt, ihstea?! ef irnpreperly pressing the question on his Majesty, we were simply doing that, which riot to haye done, would have been to have justly subjected ourselves to the reproach of every hoqest and honorable mind. Effects of '^ No change in his Maiesty's councils ever pro- theuncon- , -! , ' ¦ ?, • V - ./ ^ ,1. sthutionai ducfed SO Violent an embarrassment amongst the ''^'^^" persons calling themselves King's Men, as the pre sent. The unconstitutional pledge against the bath ofa privy counsellor was tpo rank aiid glaring to be openly abetted by any man, who even pre tended to principle. The progress of the transac-: tion for the fust three weeks \yas too substantially establisbec} to admit the surmise of any misconcep-! tion. And his Majestyjs offer to continue his ^e|- vants, if they would, sigq the pledge demanded, was a full refutation Of any intended imposition or deception : against which it wOuld.be no security,' >vhen signed. Administration of the Duke of Bedford. ^3 " ' Ireland had been governed for five years, by Lord ' ^o''- Hatdwicke, during which he and his^uridermana-Lordiiard- gers had contrived to keep the grand question of/r^nceofihe emancipation at "'rest,- under a hollow ' semblance ,^'"^" of conciliation. I' j It was natural itherefoTC for his Lordship to sympathize with those, who had openly professed, that their aim was fn continue that sys tem of keeping the Irish Catholics satisfied, and quiet without the attainment of .what he had been expressly sent over to prevent their enjoying, i His Loidship having had serious diffiei^encesi with Miv PittJand Mr. Foster in>tlie latter end of his Vice-^ royalty, had formally attached himself to the Grenville party. He well understood the open and secret movements of the court and: cabinet : ami under all these alarming symptoms he waited upon tlie King, and solicited a private auditoce, which was the more: readily granted, as his Lordship had' long been a personal and confidential favourite of his Majesty. He came, he said, to perform an ungracibus duty.?! His Majesty .would be sensible, how unpleasant it was to him to state opinions op posite to those of his Sovereign, in his presence, which nothing but his Majesty's. own interest, and tliat of the Empire would have farced h'im to do. The King said, he was fully' persuaded of that; for - that he and his family had never joined any fic- tioiT,'i?and heihoped never woukl. Lord Hard wicke then entreated his Majesty toiconsider, whe- theiv.it would not be most advisable for him to be satisfied with the concession his ministers had made in giving up the Gatholic Officer's Bill with- 504 The Reign tif QtdKgeJIL ;,\, i^OT. ^ dut disjriissing theim. He humbly vetituitd; to ,-ard- vise hrs Majesty to stoj) thehJ ; persuaded, that itj would be moat ibt the quiet and peace of bis Ma- jesty'i mind. Those, who were to succeed in, the ministry, were in his firm opinion rof them,, and from their having formerly shrank from those si-" tuationsntterly unequal to carry on the govfirn- itocnt. The appobitmehtof sudi a ministry must end in a dissohition of Parhameiit. A violeiit measure at that time :' and one, in which so feeble a ministry must have recourse to religiouii viokiHiee, the base cry df no Ropery, Ghterch in dAAgtr, &c, ; and they would becessavily divide bis Majesty's subjects. He had befen five ye^rs in Iceland, aud he was fiurls, that such a violent spirit raised in Englaiid, must tend to alienate tht Irish still more froin the Einglish, by ofcligiag them ;t» considel' thcEqi^ish as ;dfecidedly hostile tothe success of theis petitioti. His Majesty must know, that the present ministers liiad gained voices in Ireland in th6 late elections ; and that tli^y had since become still more popidar by the enquiries, they had insti tuted, by aVoiiding taxes, atid hy consulting upon niany occasions tho interests and thfe wishes of the peopk; Ahd fer all those reasons, he humbly of ferfed his advice to his Majesty to retain his present ministers. The King was exceedingly civil in lui manner, said very little, but observed diiring the conversation, that those, who had erdvised him. to dishiisB his ministers) meant very well, at any rate;- AdministfMion' of ihtDuhe sf J^sdford. 505 The contest between the old and the new minis- ^Jf^^ ters was kept up longeof, and with more tenacity,, vioieutdif. than was ever before known upon a change ef go- the two vernment. The dismissed were charged by the'^*'^"^*" new ministers with the unconstittitioiiial indecency of dragging their Sovereign to the bar of the House ofCommons, to take issue with his subjects upon his avowed right of dismissing and appointing his servants. They were also seriously arraigned ofa h>ng systematic plan for overturning tlie established religion and constitution, which Was industriously supported throughout the country by fomenting and spreading the inflamma:ble and dangerous cry of no Popery, and Ghutch in Danger, On the other hand, so glaringly ulicmistitutional did the dismissal Of the late ministers appear to the parties dismissed, that they trusted a full exposition of the case would inevitably reiiiBtate them. They determined therefoi-e to take issue with the nation upen the simple and broad qaestiou. Must not every act of royalty have a responsible adviser f Never before was the entire weight of the court and gaverniment so powerfully brought into action agaitist the independence and virtue of the conn try. The very words of a privy counsellor's oath disclose his duties, and the dreadful responsibility of the adviser of such a pledge. He swears, " feithfully and truly to deOlare his mind and opi- ?" nion according to his heart and conscietlte in all " things to be moved, treated aiid debated in ¦ ' council" A pledge of that sort would bind 3, man to direct peijury ^ftd, the CDnnivance at the 50S The Reigh of George IIL ISOT. , greatest of pOliticar evils, the destruction of the constitution. Such an innovation in the constitu tion*, would- be in practice' to convert the mature Upon this extraordinary change of administration,; there appeared. ."^ome letters, of rather essays in the Morning Chroni-, c!e, under the signature Scavpla, which are pregnant with .so much wisdom and experience, andireathe throughout so-pure a spirit of- the enlightened aiid co'n.sititUtional Statesman the laife Mr. Vox, that alFord the cheering prosjiect to the EriipirCi that 'his surviving spirit animates his representative, and will ultimately prove the s^lvfitjion of this country. In the 2d of those. letters, (tl^ey are a touchstone of constitutional policy) the hiischief of these pledges is' thus emphatically exposed. " What would be the practical effect of this innovation in our constitution.? It would be giving in substance and in efifect, a negative befoj-t? de bate tp ll^e secret advisers of the crown. Men unknown in ihe conatitiition, responsible to no tribunal, guided by private favour and affection, or prompted by idle fancies or arbitrary caprice, ctounsellors neither, tangible nov visible,' but like wicked .spirits known only by the evil they prodube. They would usni*p at thJS,i (lay in :the English constitution ithe same dangerous powers, which were eiijoyed and abused, in the Scottish parliament by tjie Lords of the Articles, under the'tyrannical House of .Stuart. 'Whilst Ireland was' considered aiid treated as a cbncjnered pro vince, the privy councfl' of England had a negative before de bate on the proceedings of the Irish parliament. But when after three cenlQvies of slavery an.d submission, the Irish naiion and Inish parliament re.- asserted. their rights, and, recovered their dig nity and their impoi-tance, one pf tlieir first acts was to abolish this badge of servittide, ' Yet this was a privilege lodged iii tWe privy council 'of E-ngl'andi But the negative now sought bo be established, not, in Ileland, but. in ; England,, is to, be; .played :' Where? In the secret unknown irresp9nsi|»le |idvi^if,r^, qf, ^he- crown. The great histori|in of, England, whose general leaning, is certainly jiolso much in favov of popular government, has re- inarked in one of his esssys; " that if ihe Kiiig of England had " i negative before 'dfebate,t and xoqfld prevent any bill from: Administration of the Duke of Bedford. 507 negative, certainlywested in the executive, into an .J^°3;^ abortive Veto, by enabling the King to strangle the fastus en its first conception in the House ef Commons. The more moderate of the new men admitted the genii^al doctrine, that there was no act of the crown without responsibility:' but the rule was not without exception. Such exception eminently occurred in every instance, where the King dismis.sed his ministers: fc^r there he must . necessarily be without advisers : 'or the royal pre rogative ef chusing and dismissing his .servants would be otherwise nugatory*. On the gth ef April, 'Mr: Brand moved in the Mr. Brand's House of Commonsj " that it is contrary to' the™""""" "first duties of the confidential servants of the " crown to restrain' themselves by any pledge ex- " pressed or implied from offering to the King any ?'' advice, which the course of circumstances may " render necessaryfor tlie welfaie and security'of " any part of his Majesty's extensive Etnpire." On which motion a very warm debate lasted till near seven o'clock in the morning, when the divi sion was 25 S for passing to the Order of the day, ff coming into parliament, he, would, be an. :afooZu/c Monarch; " that if he could crush a disagreeable bill in embryo, the Bri- ;• tish constitution would haye no balance, nor would grievances •f ever be redressed." But that device for cj-ushing a disagree able bill iri enibryp, which Hurne's sagacity foresaw, the secret ^dvise/g of his Majesty have at last discovered." • flis Majesty acted with more pandor, than his new ser vants. He- scruple4 not to adroit to Lord, Hardwicke, that cer tain persons Aad nt^fiserf hiin to dismiss {lis.la.te servants: but t,hey\near^t verif ti'i?// at any rale. ^S The Reign of George ILL ,, ,J^"^ and 2'i6 for the motion, : by., which t)ie ministers, had a majority of 32. Duke of The first novelty of any consequence to Iieland land's at. and to thc illustratiou of the system, ; whicl) occur- theuuiver. tcd iu thls dcbatc, was in the maiden speech of s.iyo «-j^/[,.^ Plunkett, After having strongly reprobated the dangerous, .illegal, and uncoHStittLtional coo- duct of those, W'ho had been so active in raising alarms in the country, he proceeded. " Not sa- " tisfied with their placards, &a an attempt has^ " been made by the Chancellor of the University " of Dubhn (the Dukexjf Cumberland) to disturb " the peace of that university, by endeavouritig " to procure a petition against tlie Cathvl'C bill. '* pinding (to the hpuor of that learned body) the " first application unsuccessful, a second had been " sent, in which it was intimated, that, the only " way to preserve the favoi- of the royal Duke, " was by signing such a petition. He was not- " aware, whether the latter application took place " after the measure had been abandoned in Par- " liament, or before. If after, it waSi a political ' " scheme to support the new administratioR : if " while the bill was pending, it was an unconsti- " tutional and unwarrantablie interfereaice*." * Mr. Plunkett on this oocasion deserved so well of his coun try, that it is next to a duty to transmit to posterity tlie quintes sence of his ^e'ech in that debate, " As well migtit it be ex"- " pected, that shutting one's eyes -would arrest the fatl.of a'body " hresistiblyimpelfled by the laws of g'ravit&tton-,' as to suppose, " that by inattention to Ireland, the evils, to which he had al- " luded, would of themselves subside. He spoke in the pie- Adminisiration of the Dukie of Bedford. S09 As Mr. Perceval took a leadilig part in that de- "«"- hate, and is now the prime minister of that adm-i- Mr. Po,ce- nistration, which was then put into power, it will Grattan, & not be irrelevant to the object of this history, to li'^f,;™"' remark, that he laid it down as a political axiom. that nothing could be further conceded to ihe Irish Catholics, withoult danger to the estnbtis'hment, arM therefore he zvoiidd never hM-eut any hopes to them. Mr. Grattan made a long and impressive speeeh in > reply to Mr. Perceval: a single pis^ag-e ef which will give the reader no vciy imperfect idea of its g-enera'l tendency. "The whole of that :R;ight Hon. Gehtlematfs speech laid moie stress iu.pou the disposirion of the late ministry, than on tlie principle of the measure^ He kept out of .view tlie ttafnre of the difficukies it was h^vely to rembve and the \'ahie of the benefits, it was well calcu- ated to'prodiice. But the House would recollect that the bill went to create a Commimity of intse- i-esb among'bt those, w'lw were involved in an . * I' " " nence of piersoiis, w-ho were ni-ell acquainted, with the fiicts. :" What must be the effect of the -demand upon the Jate.admi- " nif>ti-alioB for a pLedges against tbe Catholics of Ireland ? Had " evf?r such apletlge been befort demanded, as it related to anj' >* of ihe inhabitants of ihe Empire.? The right of the meanest «' individual to liy a p'et-ition at tlie foot of the throne has been '' 'long establivhod. But hera was a restriction on the claims of " miiUioi!', This »v!\3 not a mere novelty ; it was a prodigy, an ¦""- alarming appearance in tiie constitution. Only unbounded " power, or unerring wisdom could impose such a pledge. " What must the feelings of the'Ca'tholics of Ii'eland be, when " told, that the cflnfecience of the Sovereign is heraietically " sealed -against them .V ' 510 The Reign of Geqrge IIL 18P7. identity of danger: that it prqpo.sed to combine: an integrity ef principle : that whilst it conferred privileges on the Catholic subject, it imparted to the Protestant establishment, the best, support against a great menacing enemy, with whom we cannot contend without the integrity of our ])opu- lation." Of all the supporters of Mr. Brand'^ motion. Sir Samuel Romilly grappled tne hardest with it's opponents. He firmly contended, that it was unconstitutional and contrary te the first du ties of the confidential servantsof the crown to re strain themselves by any pledge express or impHeil from offering to the King any advice, which cir cumstances might render necessary fbr the welfare anci security of the Empire, and this brought home the matter to an unanswerable point. The new Chancellor of the Exchequer so much dreaded the responsibility of such advice, that he exposed not only the existence of the secret cabinet, but ]eft.his Majesty to all the humiliation and danger Q,f braving the constitution, by assuming to act in the most sacred functions of the state vvilhout any advice at all. Thus depriving his people of their constitutional redress against the mischiefs of weak or wicked measures. What could be more de grading lo the Sovereign, and unmanly in the ser vant, than to receive the wages of service, and withdraw froiii liis master the only shield, which could protect him from personal danger and insult ? The words of Mr. Perceval, as quoted by Sir Sa muel Romilly on this occasion were. " Th:>t to ' the best of his knowledge and belief, the King Adminiitriftion of ijie Duke of Bedford. 5 1 1 " had no adviser on the point of requesting, the ^i^)^ " pledge. That he did not believe the King had " any adviser; and he did not think, the country " would believe, that the King, had any adyi^eron "that point.",,, Sir Samuel Romilly insisted* that jt vvas of the greatest impor-tance to ,;the :King, Ibal; -the doctrine of responsible advisers should. be m.ajntai-ned. History had, unfqUled the evils .re sulting frein the .prevalence of a contrary prin ciple. It had been as.serted by the mover of , tlie previous question, that Ministers had not entered JU tq. a py pledge,, tliat they woidd not give his Ma- ~ jesty any, advice on- the subject qf fhe Cathohcs. Novv asf the late ministers were ilismis.sed, because tlijey refused this pledge;, either the pledge on the pait of the present ministers was implied, or they haddeceiyed his ]\iajesty ; for il.was nqt pretend ed, that his Majesty hatl any objection to his late - ministers, except the dj.fierence of opinion^. which occurred upon this subject, , On the 13th of April, the. Marquis of Stafford ^^']y^«J^«f made a motion in the House of Lords of a similar mot'onf ' ..,,.. . ji]g Lords, tendency, though of greater exteut, than.th^tof -JMr, Brand's in the Coipmous. This* was meant * The motion was expressed in the following word^. " This House,, feeling the netessiiy of a'firra and stable admihistl-ation at4hisvei-y important crisis of public afIai'i-% resolve, th'dt it is imiJOssiblfto view, vvilhout. I he %leepest regfet, the change, thi\t has^i-ecently taken place in his Maje.sty's councils; which re- ,gret is considerably encrea.sed hy the cau.ses,.to which that change has been ascribed; .it. being the opinion of this House, that it is the first duty of the respo.nsible, ministers of the crown to restrain themselves by any pledge, expressed or implied, iyova. 512 'IU Reign qfjG^orge IIL jyj^^ as a trial of strength id the 0'pper Hoase. It Was warmly debated till seven o'clock in the raOrning, when Lord BoiTington''s motion for adjouriiment, Was carried by a majority- in favour of ttiinistei^ of ^1 : @0 having voted for the motion, and 171' for the adjournineiit. This debate furnished some mat ter of peeuhar importance to Irelaiid. Lord Hard wicke was the first on his legs to Support the mo tion. He had recently beeri closeted With his So^ vereign, and although n*iuch of theit ccHnmunica- tions may have faithfully g-onei forth to the public-: nmch also has probably been kept back, out of de- heacy to the parties, 'whom its pubUcation would have affected in a disagreeable manner. AVhoevei' reflects upon the anxioils aidour, with which the noble Earl laboured throughout his speech to re- mov© from the shoulders ofhis fi-iends the imputa tion of intended imposition on the iHiyal mind, will naturally (perhaps erroneously, certainly not rashly) conclude, that his Majesty had been advised' &t\d ihat deception had been practised with ftill design. Lord Greiiville having lately spoken so fully to the general subject, said but' little on this ecoasioii. -That' little however involved iiiuch with' reference to, Ireland. "''With respect te the trite questjpu, " why be introdiiicecl tlieblU if nqt necessary, .^tid " if necessary, why he a^andane^i it ? He ref^rfed " them to Lord Castlereagh, as more cooVersaist giving any advice to 'his Majesty, which, -to the hest o'f their judgment, in th$ course of circuihstantes they may think neces sary, fur (he honor ot" his Majesty's trosvn'^d the security of -hi-s (lominions." * Administration of the Duke of Bedford. 5 1 3 *' with the solurion of difficulties arising from ter- '807. " giversation, and who had imported the question """""^ " from Ireland, for the carrying of zvhich, he '\ stood pledged to that country*." . A third and last, though a still more ineflfectual "••- J^y«'e- i 1 1 • . . . . ton's mo- stvuggle, was made to retain the ministers in their lion and situations : for notwithstanding the new appoint- f^eelhf * ^ ments, the eld ministers held a language little short of that, which could only be justified by possessing the public confidence of the Sovereign. Mr. Lyttleten on the l5th ef April, moved accord ing to notice in the House of Commons ; " That " this House considering a firm and vigilant ad- " ministration iudispensible in the present posture " of public affairs, has seen with the greatest re- " gret the late change in his Majesty's councils." This too was a long and heated debate. At seven o'clock in the morning on the division, the minis ter had an encreased majority : viz. 46 : for the previous question 244, again:st it I98, This de bate brought forth more information concerning - Ireland, than either of the two former. Mr. Tighe, wlio strenuously supported the motion, felt himself particularly called upon te take a part in that debate, as the county he had the honor to represent, was even in danger of having its tran quillity affected by the proceedings ou some of the points, .which were involved. The late ministers • It is hot to be forgotten, that Lord Grenville was a co-ope rative leader with Mr. Pitt in that administration, of which Lord Castlereagh, then a secondary, gave the pledge on behalf of his principals. VOL. II. " ^ S 14 The Reigii &f Ge&rge IIL im. ijad conducted themselves in a manner, which had ^""^"^ done them much honor, and g-iven great satisfaction to the country. He thought them particutoriy to be commended for the constitutional priiMjipte, on which they had retired from office, refasmg to give a pledge incfMisistent with their duty. He condemned the cry of the church being in danger, and reprobated particularly 'the address to the in habitants of Northampton by Mr. Perceval*. He in sisted on the pledges holden out by the government pamphlet, and by the speech of Mr. Pitt on the question of the Union. All the prostitution of the public revenue, seats in parhament, of officers of the law, of the dignities of the church, and of the peerage itself, which had been lavished on that occasion, would have failed, if the Cathelic bishops had not been induced to influence their priests, -ind the priests to influence the people te agree to the Union. The tranquillity of Ireland must be materially affected by the removal of the Duke of ¦*. Of that address of the nfiw Minister bo his constituents. Sir '.--laniucl Romilly thus spoke in the debate on Mr, Brand's mo tion. " A cry hus bi'en raised, that thc chut-ch is in danger; " that we are threatened with thc times, when the streets ran ' vvith blood. The mischief of this expedient is go great, it is ¦" with diep coBcrni, I find it resm-ted to. It is with deep con- " cefn I have seeo papers published, particularly an advertise- " ment in a newspaper, hy a Right Hon. Gentleman opposite " (Mr, Perceval), stating, that it was become neccssai^ for him " to stand by his Sovereign ; that he was making a stand for the " Protestant religion, and calling on, Ihe people to second him "' with their excrtioiiF." Admini^Htion cf the Duke cf Bedford. 5]5 Bedford. He did not however see any ground for ^^°''\ apliVtJhending any alarming disturbance, because t)he people of Ireland had been accustomed to vreW '(vith cold detertiiitted apathy all changes in admi nistration here, as none of those changes were at- ' Ifehded with ahy bdiiefit to them. Few recruits were to be had iti the South or in the West, be cause there was no security for the free exercise of ttligion. Some yiears ago, a gentleman had got some men in his neighbourhood, upoti his own j;)leti^e and the pltedge of a riiagistrate, that they should always be allowed the free exercise of their religion ; but when they aVrived at their quarters in the Isle of Wight, they were compelled to at tend the ProtteStatlt worship, and forbidden ever to attend a neighbouring chapel of their o\vn, un der pain bf military punishilient. Consequently the red'uiting proceeded but slowly in Ireland, though the country were poor, and the bourities oiflfered extravagantly high. SinOe the Union, Ire lahd had felt no commurtity of rights, no commu nity of commerce; the only community it felt, was that of having one hundred assessors in the British parliament, who were to give ineffectual votes for the interest of their country, as he might do that nicht.. Mr. Gore lamented the effects of the mild ^S- Mr, core's tem of the Duke of Bedford. That .system had'^**""' led ta the murder of five men in one county, in which 25 men were then in prison for disaffectipn. If such were the effects of the mild, system of the Duke of Bedford, he thought it high time to in- Q L e 516 llie Reign of George IIL ^' J807. troduce another system. He would have support ed the Catholic Officers Bill, if it had been brought forward as likely to be beneficial. But the late mi nisters adopted that bill only as a compromise to get rid of the larger Catholic ipiestion, a compro mise, which was despised by the Catholics. He charged the late ministers with omitring to serve the Catholics en the most essential points, on the point of national education, without which it was nugatory to think of any extension of rights to the lower classes. What had the late ministers done towards the necessary diflfusion of knowledge? Had they ever done any thing to remedy the mis chiefs arising from the mode of collecting tythes? These were the things, that principally required to he remedied in Ireland. A country worthy of bet ter treatment, and whose hardy sons, if properly encouraged, are the best bulwark of Great Bri tain. Sir John Sir John Ne^vport hoped, that when he should have satisfied (Mr. Gore) ef the attention paid by the late ministers te the education of the people of Ireland, and the formation of an arrangement on the subject of tythes, he would be enritled to count on his vote, and that they would be restored to the good opinion he had ef them a month since. The statute book* would prove, that one of the * Certain it is, that several salutary acts were added to the statute book during the Bedford adniinistralion : but they were not generally felt by the peqple. It is in nature, that if a great - and Vital, object be ardently desired and rea.ankness of his d:isposi,tion received a check, un der a consciousness of failure in becoming the suc- , * Lord Fingall having -ivaited on his Grace the Duke of Bed. ford, received the folloVving answer ; " TJie resolutions, which your Lordship has boen pleased to *' convey to me, as the sense of that great and loyal body, the " ^inan Catholics of Ireland, giaims my warmest acknow- " ledgments. *' In the dischai-ge of the arduous trust conmiiUed to m\' "¦ Hands by liis Majesty, it has been my constant and earnest " endeavour to promote the interests and prosperity of this part " of the ,United Kingdoni ; and in now relinquishing that trust in " qjiediencfe to his Majesty's command, I retire to the less anxious " cares of private life, cheered by a conscious feeling, within " me, that to the best of my imperfect judgment and abilities, " I have donig my duty to my Sovereign and lo r.iy country. " In whatever station I may hereafter be placed; be assured, niy " Lord, that I shall never cease to entertain the most fervent " wishes for the happiness of everv class and description of ray " fellow-subjects in this partof the 'British Empire. ¦ " ' " BEDFORD. •• April 2\ St, 1807." ^40 r The Jteign of George LIL JSOT. cessful instrument of the people's bliss. That a|J-' peaiance of reserve was grossly mistaken by some for official hauteur. It is evident, that he at length became weary of lending his name to measures re pugnant to the principles, upon Which he had en tered into office, and he was determined to give in his resignation. In the progress' of the negociation for bringing i Lord Howick's Catholic officers' bill, his Grace had freely spoken of it to several Catho lics, as stir^e to be- carried. He considered him self as pledged to the Catholic body for its suc cess : and 4ie hoped, it vyould be the immediate fore-ranner of the great and 'necessary measure of their general emancipation. The intelligen(:e of Lord Howick's having given tp that bill arrived at the Castle by a special express nearly forty-eight hours sooner, than the general information of the iin[>ortant circumstanee reached the pu-blic by the packet. Immediately a confidential communica-^ fJOtj of that circumstance was made to the princi pal Catholics through Mr. Hay, their secretary,, whose residence, in that moment »of fearful in quietude and uncertainty, was the natural rendez vous of the most interested in the fate of that Ejody, By that da}'s post they wrote the alarming iuteUigeuce to their friends in the country ; so that It vvas generally known to, and it violently agitat ed the principal Catholics throughout the nation, a (lay or two before thb public was assured of the fact by the public papers. , It was generally un- tlei'stood, that his Grace d;eeply lamented the circumstances, that stood in the way of any legis- Administration of the Duke of ¦ Bedford- -5 *^ Jative relief being given to the Catholics,' ^ That ^^^^^ tlie British minister, in giving up that practical measure, had giwn up him : That after having pledged himself for its success^ he was distressed at looking at a Catholic in the face, and was de termined to send in his resignation immediately, feeling, that he could no longer remain at the he^d of the government with dignity and effect. , On Sunday, the 1 9th ef April, 1807, the Duke Arnvjof of Richmond's arrival at the Pidgeon Heuse, Dub r;ci!^,^*4*' lin, was announced by the firing of a Royal salute of artillery, and the ringing of the Joy bells of the city ; the troops of the garrison were imme diately called out, and the carriages of the Duke of Bedford, escorted by a scpiadron of cavalry, •w^ere dispatched for the conveyance of the new Lord Lieutenant to Dublin Castle, where he ar rived about eleven o'clock. A Privy Council had been previously summoned to meet at three o'clock on that day. The Duke of Bedford arrived at Dublin Castile from the Lodge in the Phoenix Park soon after the Duke of Richmond, where their Graces had a private audience ; after which the Duke ef Bedford held a levee in the great pre sence chamber, where the Duke of Richmond was introduced in form. The Duke of Bedford tiien proceeded in state to the council chamber, the Earl of Arran carrying the Mace, and the Earl of Harrington the Sword of State, and the Duke of Richmond following. The Duke of Bedford being seated at the head of riie council board, and his Majesty's commission appointing, the Duke of/ 'M.2 ' The Reign of Georg6 111. ^- \ ' ' . . .. 1S07. Hiehmoftd Lord Licuteuant of i Ireland,^ having , been read, he 'was sWorn*in aceordin^y 'and took his place at the head* of the council board. ¦'•' npp.iihij-e* On Tuesday the 21st:, aftera'levee, which was 'nrBedford!splendidly attendeii, ^tiie'Duke and' Duchess of Bedford;- in separate carriages, proceeded froiii'the -Castle to the place ef fembaikation,. The streetis, throiig-h which' they passed, -vvfeiC' lined Aviththe mi- -¦litary. On' their w-ay, the^^- j>Opulaee, unahle to,;. command their fecli'ngs, or to 'e^cpress them in-'a more-'approprikte 'ma-niier, took the horses from the carriages., and -drew the vicdregal pair-' tO the water-side. The i3uk'e' of 'llielamoncl'accotnpanWtl ¦them, ¦' ¦ ''••'¦