tended. Another flagrant circumstance flashed in the face of the judge. Mr. James Hamilton, who

"What

strongly affects the system of road jobbing, so necessary to 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 grand juror
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 1804. Sir James Hamilton has also been
generally on the lists of the grand jurors of those two counties
for several years. Question from one of the Lords.
"does road jobbing mean? A. I can give very little informa-
"tion on that subject, excepting the ordinary conversation one
"hears in the country, of which, if your Lordship's please, I
"will give you the best information in my power. It is gene-
"rally considered, in Ireland, by every gentleman of fortune,
"that he owes a duty to the public, to take care, that the roads
"through his estate, through his neighbourhood in his part of
"the country, should be taken care of, and the gentlemen ge-
nerally attend the grand jury, for the sake of taking part in
"this great object, and gentlemen, that are peers, or of great
"estates, that are not resident, are generally attended for by
"their agents. It is usual, when a presentment is presented, for

26

"

money, to make or repair any portion of a road, for the pro

prietors of the land, or his overseers, to make use of the name "of another person, who is employed either as his agent, or "deputy, some person, that he has confidence in to superintend "the immediate execution of the repairs of that road. It fre"quently happens, I believe, that the nobleman, or gentleman,

through whose 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 "themselves into that situation.

"When gentlemen employ low persons to see their present"ments executed, these men are sometimes charged with mis

was the only other overseer named with M'Ganigle, was also the second overseer in the presentment in the case, in which M'Dowgal had been convicted. Mr. J. Fox did therefore without respect to persons nill that presentment, on which M'Ganigle was associated with his old employer James Hamilton, as overseer,

1805.

presented

Abercorn

The last article of complaint was personal, and Last charge recoiled back upon the source, whence the whole by Lord batch of accusation had drawn its vindictive origin. The torrent of crimination had in its progress been swelled by the confluent streams of the wounded sympathies of friends, agents, and dependents. "That the said Luke Fox at Lifford,

on the same circuit, in open court, availing "himself of his official situation, in order to in

"

executing them, the epithet of road jobbing is therefore some"times applied to persons of that description, and I should suppose it was applied, and not at all improperly applied to Dob"son, or M'Dowgal. Of M'Dowgal I know nothing. Of Dob" son I know more. I had an opinion strongly against Dobson, "that he was not a person to be trusted with the expenditure of "the public money; and I was anxious for his conviction." Was any thing ever more clear, full, gentlemanly, candid or satisfactory, than this unparalleled definition of road jobbing? Why was Mr. Dobson not to be trusted? And why was Mr. Hart entrusted with the expenditure of the public money? Mr. Dobson did not pocket the public money. Mr. Hart did pocket it, and retains it to this hour. Why was Mr. Galbraith anxious to convict Dobson for having procured money to be paid by fraud to Mr. Hart? And why was he anxious, that his much esteemed and most highly valued friend should not even be tried for this fraud? Was Dobson not to be trusted, only because he con

fessed?

1805.

Procuring

money under the Army of Reserve Act.

"dulge private malice, and with a view to bring "into hatred and contempt, the character and "conduct of John James Marquis of Abercorn

86

publicly, and in the absence of the said Marquis, "did maliciously impute to the said Marquis, the having abandoned his duty as one of the gover "nors of the said county of Donegal, and having "sacrificed the interest of that county to the in

66

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 Marquis of "Abercorn."

The language, in which this charge is framed, the colouring given to it, the epithets pressed into the text bespeak the labour of those, who prepared to set up in the House of Lords, this mysterious climax of official audacity and judicial delinquency. The difficulty put upon the party accused in this acrimonious charge of high crime and misdemeanour, is the same, as pervades all the other charges; that is, the generality, vagueness and uncertainty of the accusation; leaving the 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 illustration of the corrupt and overbearing system of the Orange ascendancy, especially in Ulster.

In the course of passing the presentments for the county of Donegal on the 29th of August

1803, a presentment was tendered to Mr. J. Fox, and read in open court, having been previously passed by the gand jury for the sum of 19901. 12s. 3d. to be levied off that county, in order to repay government that sum advanced for bounties in recruiting 350 men, the quota for that county apportioned by the Army of Reserve Act*,

By the 43 Geo. III. c. 85. entitled "An Act to enable his "Majesty more effectually to raise and assemble in Ireland an "additional military force, for the better security and defence "of the United Kingdom, and for the vigorous prosecution of "the war," it was enacted, that his Majesty's governors 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 counties, cities, towns, and places therein after mentioned, should respectively have full power and authority, and they are thereby authorized, empowered, and required to call together, levy and enrol such persons, and in such manner, as therein after directed; and to do all acts, matters and things necessary for carrying that act intó execution.

By the second section of the act, the number of private men to be raised in Ireland, by virtue of the act was ten thousand; and of these, three hundred and fifty were to be raised by the county of Donegal, by the governors and deputy governors of that county. At the time the act received the royal assent, every degree of vigour and exertion was deemed necessary to put the United Kingdom as speedily as possible in an adequate state of defence against foreign and domestic enemies. Accordingly by the sixth section, it was enacted, that a general meeting of the governors and deputy governors, or of three deputy governors at the least, should be holden in each county in Ireland within ten days after passing the said act, or as soon after as might be. In the county of Donegal, the first general meeting of the governors and deputy governors was holden only on the 28th of July 1808, at which the Marquis of Abercorn presided as

1805.

1805.

which received the royal assent on the 11th of

one of the governors of the county. By this act two modes of raising the men were provided at the option of the governors and deputy governors, who were anthorized to levy the men by ballot, in the several subdivisions, which was obviously, and at first view, the most effectual mode of carrying the act into execution. But in such places, where it might be desirable to avoid the inconvenience of ballotting, without incurring either delay or risk in raising the men, it was enacted by, the 38th section, that if at the first general meeting of the governors or deputy goveruors of any county in, Ireland, to be holden, in pursuance of the said act, five of the said governors or deputy governors, assembled at such general meeting, and forming the majority thereof should be of opinion, that the number of men required for any county could not be conveniently and expeditiously raised under the foregoing provisions of the act, and that such men might be more conveniently and expeditiously raised, as recruits are raised; and, that in that case they might reduce their opinion to writing, and signify such opinion in writing, signed with their names to the Lord Lieutenant for his appro bation, and in case the Lord Lieutenant, should approve thereof, he was authorized to direct such governors, &c. &c. to proceed to raise and enrol, without delay, by beat of drum, or otherwise, a certain number of volunteers, not exceeding the number required by the act for the said county. In the county of Donegal, the latter mode of raising the men required was resorted to; and accordingly, at the first general meeting holden on the 20th day of July, the following resolution was passed by the governors and deputy governors then present.

"RESOLVED. That it appears to us, that the most expeditious "method of raising three hundred and fifty men, the quota for this county, is by general recruiting on bounty, to be advanced by government, and repaid by cess on the county at large, at "the next assizes.

64