fact, apprized of the checking and irreforming conduct of those, to whom by his own consent the management of Ireland had been delegated, which to the nation at large appeared rather calculated to redintegrate the oligarchy, which Lord Townsend had destroyed, than to put down the multifarious influence, of the Castle, which had sprung out of its ashes, and had become the corrupt engine of establishing the system of Mr. Pitt.

1806.

sonby sets

forming the

The ears of the Chancellor were daily assailed Mr. Ponwith reports of the disappointment and dissatis-about refaction, which every where prevailed at the conti- magistracy. nuance of the old magistracy; not one of whom had been superseded, although Mr. Ponsonby had received the Great Seal for several months, and had taken no steps towards forwarding the reform of the magistracy, which depended solely upon his own will and pleasure: yet the revision of the magistracy had been always considered as the test of sincerity and good will, in the new ministers, to the Catholic cause, and the welfare of Ireland; it had been prominently displayed, frequently reiterated and explicitly promised by Mr. Fox, in his letter to Mr. Ryan. The northern abuses had been brought to an open contest between Mr. Wilson, the Protestant magistrate of the county of Tyrone, on behalf of the Catholics, on one side, and the combined forces of the Chancellor, Mr. Secretary Elliott, Mr. Commissioner Serjeant Moore, Messrs. Verner, and their numerous aux

1806. iliaries, on behalf of the Orangemen on the other, of which the final issue has been already detailed.

Wexford and Carlow

The Wexford magistracy had been for several magistrates. years prominently oppressive and obnoxious to the people and with these Mr. Ponsonby commenced his revision and reform. He advised with a Catholic gentleman of respectability and confidence, * who was a native of, and well knew the interests and feelings of that county. He asked him what would 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 of the peace, and his Lordship wrote down the names of nine persons, to six of whom, †

* Edward Hay, 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 were formally superseded; not from inability or any neglect of duty or abuse of office; but Mr. Hay was superseded, because he had neglected to qualify within two months after his appointment; which might have been just and proper, had not several other magistrates, whe were guilty of the same neglect been permitted to retain their commissions. Mr. Breen was superseded, because it was alleged, he had had the rope round his neck in 1798. The Earl of Kingston had, in the House of Peers, unwarrantably aspersed this gentlemen's character, as being, on account of his disloyalty, most unfit for the office of a magistrate. In the year 1798, Mr. Breen had been compelled, whilst in the hands of the rebels, to act as a commissioner for them, under the menace of immediate death, if he refused. He was afterwards tried by a

in about six weeks from that time, he granted 1806. commissions; and about the same period fourteen

court martial, and most honourably acquitted. Lord Kingston himself, when a prisoner, offered to lead the rebel army, during their ascendancy at Wexford, and upon his trial by court martial, he was in like manner acquitted. The offer of the Noble Earl to lead the rebel army was less compulsory, than the compliance of Mr. Breen to act as a commissioner. The superseding of Mr. Breen, after having been recently put into the commission, was that act of Mr. Ponsonby, which, in the task of reforming the magistracy, caused the strongest sensation in the country. Mr. Breen was supereminently qualified from his loyalty, information and influence in the county, to act as a magistrate; 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 Fitzgerald to Mr. Hay, relating to his case, in order to meet the charges of Mr. Breen's enemies, which operated most unjustly to the prejudice of the Catholics of Wexford, by the disgraceful removal of that gentleman from the magistracy upon such unjust grounds.

"I received your note this moment, and feel much pleasure in giving you information respecting Mr. Breen, and highly approve of your attention to protect this respectable gentleman from the obloquy, that is so unjustly and unmeritedly pointed at his character. While I was acting as Brigade Major to Major General Hunter, in the county of Wexford, Mr. Breen and Mr. Cullimore were charged by a committee, who were, in fact, appointed by government, as fit persons to anticipate vexatious prosecutions and charges; but who were decidedly a set of men, who acted in the contrary way, became violent sanguinary accusers, and were more calculated to inflame and disturb the peace of the county, than fulfil the duties they were intended for. By those accusers, those respectable gentlemen above. mentioned were conducted before a court martial highly respect-

1806.

of the most obnoxious and unpopular of the former magistrates of that county were superseded. Complaints had also been made of the Carlow magistracy seven of whom were superseded. Little or rather no salutary effect was produced by this revision or change, on account of a general conviction, which prevailed throughout the county, (whether well or ill founded) that the changes were rendered subservient to electioneering purposes. Mr. Burton, who was then canvassing the

able, and appointed by general Hunter, and prosecuted for act-
ing as commissioners to the Wexford rebels. After a long and
patient hearing of the charges brought against the prisoners, the
court declared the facts, as they were universally known: That
these gentlemen acted under the imperious hand of compulsion,
in preference to the alternative death. 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, and at the same time adding observations, that served
as a proof of his disapprobation of such shameful abuse of the
power confided to those factious accusers.
I need not tell you,
that the source of real information to government was perverted
and lost; and General Hunter, by his judicious consistency,
had ensured the affections of the people to himself, and indu-
bitably retained the source of information. So convinced was
he of the purity of Mr. Breen's conduct, that many explana-
tions had been made to him for the arrest of those men: but to
no purpose, until effected by the committee. I shall at all
times be happy to furnish you with any fact in my records
when wanting for a fair and honorable purpose.

་་

"I am, &c.

(Signed) BARON EDWARD FITZGERALD." "Edward Hay, Esq.

&c. &c."

county of Carlow, was a near relative of Mr. Ponsonby; and it was given out, and very generally believed, that such of the magistrates as voted for Mr. 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 Mr. 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 ruffled minds of the people, now necessarily irritated at the disappointment in nct attaining what they had recollected, Lord Grenville had advised them to petition for year after year, until their prayer should be granted. Mr. Ponsonby went no further in the promised 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 hostility of the Orange faction, by inflicting upon any one of the body, whether public or private, however atrocious or notorious his outrages against the Catholics had been, any mark even of the disapprobation of government. His confidence in the known supporters of the Orange faction was marked: as well as his general diffidence and reserve towards their most prominent and avowed enemies.

1806.

ville brings

on Mr.

During this session of parliament, the case of Lord GrenMr. Judge Fox was set to rest. As one of the committee, on that business, the venerable Lord Thurlow came into the House, leaning on the arm

Judge Fox's

case.