;

ment against the learned judge, without having 1805.
afforded him any opportunity of defence, or even
explanation, the Marquis was advised to abandon
his former proceedings, and recommence almost
de novo.
He was advised, that the regular mode
of proceeding was to address his Majesty for the
removal of the learned judge from the bench
and when he moved such address accordingly,
the House resolved itself into a Committee, to
which all the several petitions and charges made
against him were referred. Lord Chancellor Eldon
warmly espoused the cause of the Marquis, sup-
ported the proceedings, and gave him the friendly
advice to omit all the charges, which could not be
brought home to the learned judge in his judicial
capacity; which was effected. As some progress
was made under this renewed process, several wit-
nesses were examined on behalf of the prosecutor,
and much matter of falsehood and misrepresenta-
tion found its way to the records of that high
tribunal, to the prejudice of the learned judge, who
had no opportunity of repelling the charges, of
refuting the falsehoods, or of exposing the malice
of the prosecution, it is deemed necessary to lay
before the public a more detailed statement of the
whole transaction, for the double purpose of illus-
trating the system of government, and vindicating
the administration of justice in Ireland.

Mr. J. Detailed
North statement

In the summer of 1803, Mr. J. Fox and
Osborne, who were appointed to go the
West circuit, were escorted by a military
from Dublin to Longford, the first assize town on

guard,

of the case of Judge Fox.

1805.

that circuit. Thus were the fears of the govern ment presented to the view of the people, in the novel exhibition of the judges of assize coming to administer justice amongst them, under the protection, and with the command of the army. Upon opening the commission at Longford, the loyalty and peaceable demeanour of all ranks of people appeared so unequivocal to the judges, that they deemed it expedient to discontinue the military attendance, which had always in their eyes borne an unconstitutional appearance, and through the rest of the circuit, entrusted themselves to the protection of the under yeomanry command of the sheriffs of the respective counties. Mr. J. Fox, as senior judge, charged the grand jury of Longford, in an address appropriate to the awful circumstances of the times. Endeavouring to awaken them to a high sense of the dangers, which hovered over them from external and internal foes, he called upon the exertion of their best energies. He reminded them of the recent horrors of the 23d of July, and warned them of the dangers of the leaders of that rebellion still remaining at large. He strongly commented on the nature and extent of that insurrection, and on the origin and motives of the persons engaged in it. He exhorted them to union amongst themselves to forget their religious animosities, by which the country had been so long weakened and divided, and to join in presenting a dutiful and loyal address to the throne, praying his Majesty to strengthen the executive government of the coun

try at a crisis so alarming and dangerous.* To 1805. the like purport he charged the grand juries at Enniskillen and Lifford, the respective assize towns of the counties of Fermanagh and Donegal. The circuit ended at Derry, whence Mr. J. Fox returned immediately to Dublin; where having, in the usual mauner notified his return to the government, he was received at the Castle, without any intimation of any complaint or dissatisfaction at any part of his conduct on circuit. Mr. J. Fox attended his judicial functions in the Court of Common Pleas during the subsequent terms (Michaelmas aud Hillary) and went the Connaught circuit at the spring assizes, unquestioned and unblamed, and unconscious of any displeasure or offence having been given to government, or to any individual, who had come before him on trial, or otherwise in court. It is evident, that if the learned judge's conduct, on the North West cir: cuit, in August 1803, had been blameable, the government was bounden to take immediate steps in vindication of the public justice of the country, by censuring or punishing the misconduct of the

* Such was the outline or substance of the judge's charge, which mas made the subject of animadversion and accusation against him, at the distance of nearly twelve months. No complaint was ever heard of the charges delivered at Enniskillen and Lifford, though to the same purport. At Lifford, Sir James Stewart, the Foreman of the Grand Jury applied, through Mr. J. Osborn, to Mr. J. Fox for a copy of the charge, (so satisfied were they with it,) with permission to print and publish it; which request Mr. J. Fox could not comply with, as he had not reduced it to writing

1805. judge.

If any individual had been injured or aggrieved by any word or act of the judge in his judicial capacity, it behoved him not to lie by, till the charge became stale, but to apply immediately for redress, whilst the matter was fresh and capable of proof and defence. However, the first intimation of any complaint or charge against J. Fox, was made by the Marquis of Abercorn, on the 28th of May, 1804, not to the judge, not in the country, where the offences were charged to have been committed, not by any member of the Irish government, but in the House of Peers at Westminster, behind his back, and without any notice," that he had grave and serious matters of complaint to bring before their Lordships "agaiust one of his Majesty's judges, in which "the administration of justice was deeply con

cerned," and moved, that their Lordships should be summoned on this momentous complaint. on the following Monday: on which day, (31st May, 1804) his Lordship uttered a long virulent speech of above three hours, in which he painted the con, duct and character of that revered judge, in the blackest colours, which the malignity of humiliated pride, and the venom of detected corruption could supply. After this effusion of rancorous vituperation of an absentee, without notice, or means of meeting the charge, and without the offer of evidence to support it, the Marquis of Abercorn presented the petition of Mr. Hart, which, upon his motion, was ordered to lie upon the table.

1805.

istic symp

Pitt system.

It has been frequently, and cannot be too often remarked, that duplicity and secrecy were leading Characterfeatures of the system. The Marquis of Abercorn, toms of the who through his agents and his own resentful assiduity, had consumed near ten months in preparing this masked battery to play upon the undefiled and unassailed character of Mr. J. Fox, has furnished the public with pregnant additional evidence of the insidious and base obsequiousness of Lord Hardwicke's Government to that system, which has brought Ireland to its present unfortunate situation. That passive Viceroy had so far lent himself to the mischievous suggestions of the base reptiles about him, as to have furnished to Lord Abercorn secret arms to give effect, to the malignant attack upon the absent Judge. The Marquis read as a part of his speech before the Lords, a letter from the Lord Lieutenant of Ireland to the British Minister, in which the judicial conduct of Mr. Justice Fox on the North West Circuit, was arraigned in terms of marked reprobation. If such publicity had not attended this official document, posterity would not have credited the annalist, who should have asserted, that an accusation of this public nature and national importance had thus walked in darkness during a period of ten months; that it had occupied the thoughts of the Irish Government in secret for such a length of time: that it had travelled in an official shape to the British Cabinet, without communication of any kind from the Lord Lieutenant of Ireland, or any person em