FOOTNOTES:

[284] I leave unchanged some of the circumstantial evidence which had convinced me of Magan's guilt, adding in brackets the criminatory letters subsequently found (January 1891).

[285] Thus, in 'Croppies lie down,' to the tune of which, as Moore says, 'more blood had been shed than often falls to the lot of lyrical ballads'—

'The ruthless Fitzgerald stept forward to rule,
His principles formed in the Orleans school.'

[286] Memoirs of Miles Byrne, iii. 247. (Paris: Bossange, 1863.)

[287] 'Dr. Madden,' writes the Rev. James Wills, 'mentions a train of circumstances which seems to fasten the imputation on Hughes.'—Lives of Illustrious Irishmen, vi. 51. Years after, in his new edition, Madden suggests suspicion against one Joel Hulbert (i. 85; ii. 443). Eventually, however, Dr. Madden wrote: 'And now, at the conclusion of my researches on this subject of the betrayal of Lord Edward Fitzgerald, I have to confess they have not been successful. The betrayer still preserves his incognito; his treachery, up to the present time (January 1858), remains to be connected with his name, and once discovered, to make it odious for evermore.... Nine-and-fifty years the secret of the sly, skulking villain has been kept by his employers, with no common care for his character or his memory.'—See Lives of the United Irishmen, by R. R. Madden, ii. 446, 2nd ed.

[288] Froude, iii. 342.

[289] Cornwallis Correspondence, iii. 320.

[290] The Viceroy, whose carriage Magan and Higgins hired a mob to draw triumphantly through the streets, was Lord Temple, afterwards Marquis of Buckingham, twice Chief Governor of Ireland, and of whom Mr. Grattan writes: 'He opposed many good measures, promoted many bad men, increased the expenses of Ireland in a manner wanton and profligate, and vented his wrath upon the country.'

[291] Dublin Evening Post, No. 1767. The same journal adds:—'It was in Mr. Magan's house in High Street that the creditable certificate of the clergy of Rosemary Lane Chapel was written and obtained.' It may be explained that when the moralist, Magee, denounced Higgins as one who had defied the laws of God and man, an advertisement, purporting to come from the priests of Rosemary Lane Chapel, said that they had no official or other knowledge of an imposture alleged to have been committed twenty-three years previously by Mr. Francis Higgins, and adding that, during his residence in Smock Alley, his conduct had been marked by benevolence. 'This sprig of Rosemary,' commented the Post, 'may serve to revive the fainting innocence of the immaculate convert of Saint Francis!' Magan, as a leading Catholic parishioner, had much weight with the clergy.

[292] Dublin Directory, 1790.

[293] It was during this anxious period that Lord Edward, venturing out at night, had an interview with Pamela in Denzille Street, when their little child was taken from its cot to see its father, and a servant suddenly entering the room found the parents in tears.

[294] It should be Friday, May 18, as appears from Sirr's original memorandum.

[295] Statement of Mr. William Macready, the grandson of Moore, furnished exclusively to the present writer.

[296] Life and Death of Lord Edward Fitzgerald, by Thomas Moore. Paris ed. p. [160].

[297] May 18, 1798.

[298] Lest he should arrive at the hall door.

[299] Dirty Lane, now Bridgefoot Street, was another route by which Lord Edward could come from Moore's. The Queen's Bridge is at the foot of Dirty Lane. Island Street runs parallel with Usher's Island, a suburban quay; and Magan's is the second stable from Watling Street.

[300] Major Swan was the assistant town major. Atkinson will be remembered as the chief constable of Belfast. See ante, p. [8].

[301] The premises were on Wood Quay (then known as 'Pudding Row'), Wine Tavern Street, and Fisher's Alley; they also included the 'Dog and Duck' inn, north side of Thomas Street, with a rear extending to Marshalsea Lane.—Registry of Deeds Office. Traces of other property held by Thomas Magan crop up in unlooked-for places. By the settlement of Philip Whitfield Harvey with Miss Frances Tracy, dated September 16, 1802, it is recited that Thomas Magan, having become a bankrupt, his properties at Blackstaheny and in Britain Street were sold by auction to Samuel Dick and a Mr. Halpin for the sum of 4,830l. Higgins had property of his own at Blackstaheny, for I find a conveyance of lands there in 1806 from the Harveys and Tracys to Andrew Rorke of Clonsilla; consideration, 1,084l. 12s. 6d.

[302] Magan's seal displays a boar's head, with the motto 'Virtute et probitate!'

[303] A nickname by which the popular journalist, John Magee, satirised Higgins.

[304] It was whispered that Francis Magan may have been the godson of Francis Higgins, and baptised Francis in compliment to him. The Catholic baptismal registries of the parish do not go back sufficiently far to throw light; but, inasmuch as Thomas Magan married, in October 1770, the daughter of Francis Kiernan, merchant, their son would be very naturally called after the grandfather.

[305] United Irishmen, iv. 25.

[306] This would give Magan an opportunity of meeting and discoursing with his old friend.

[307] Dublin Evening Post, Tuesday, May 23, 1797.

[308] Dublin: W. B. Kelly. Long out of print. The Rev. Dr. Stokes, Professor of Ecclesiastical History, Trinity College, Dublin, in the Mail of October 14, 1885, stated that this pamphlet 'may be found in the library of Trinity College, Dublin, Gallery H. 10, vol 92.' The brochure had been printed mainly for the purpose of correcting a mis-statement made by the Athenæum, when reviewing the Cornwallis Papers. The Athenæum, then edited by W. Hepworth Dixon, far from resenting my correction, reviewed the book in terms which stimulated further efforts, and, if any excuse for them were needed, it is supplied in that too favourable judgment. See No. 1649 p. 744. 'This biography reads like so many pages out of Mr. Lever's Con Cregan, or the Irish Gil Blas; but Mr. Fitzpatrick quotes several legal and literary documents to authenticate his text. Facts in abundance are produced. As illustrative of the state of Irish political society in those days, this tract is extremely curious. With extraordinary power of social research, an intimacy is established between the hateful Higgins and Magan; ... most curious circumstantial evidence, to criminate Magan. This tract merits preservation. The mass of social and personal knowledge accumulated by Mr. Fitzpatrick is very striking. He writes like an ex post facto Boswell, and the research with which he amasses minute particulars is a speciality with him. It is for want, heretofore, of detailed and accurate domestic knowledge, that Irish history is so crude and colourless; and works like those of Mr. Fitzpatrick have value.'

[309] Higgins to Cooke, December 29, 1797.

[310] Idem, January 2, 1798.

[311] O'Coigly left for London on his luckless mission, and Magan lost sight of him.

[312] Higgins to Cooke, January 12, 1798.

[313] Henry Jackson, a very active member of the Rebel Directory, and father-in-law of Oliver Bond.

[314] John Fallon, Esq., J.P. and D.L., born April 6, 1767. Higgins to Cooke, January 16, 1798.

[315] Higgins to Cooke, February 26, 1798.

[316] Lawless was Professor of Physiology in the College of Surgeons; but, on finding that a warrant was out for his arrest, got safely to France, where he rose to the rank of General, and lost a leg at Leipzig.

[317] Higgins to Cooke, March 28, 1798.

[318] Moore mentions that Lord Edward and Neilson were stopped, at midnight, by the patrol at Palmerstown; but the former having personated a doctor hurrying to the relief of a patient, both were suffered to resume their journey.

[319] The accurate information on other points which daily reached Cooke convinced not a few United Irishmen that treachery was at work.

[320] Magan to Cooke, April 22, 1798.

[321] It is also due to Lord Edward's memory to remind the reader that Higgins was a man of leprosied reputation. Nearly thirty years ago, I gave some account of him in Ireland before the Union. Meanwhile, the reader might see what an English historian, Mr. Plowden, says of him, vide chap. xiv. 'Father Arthur O'Leary,' et seq. p. [213]. I printed in the Sham Squire the original informations against Higgins for the basest fraud, the true bills found against him by the Grand Jury in 1766, and the records of his committals to Newgate.

[322] Memoirs of the Whig Party.

[323] Higgins to Under-Secretary Cooke, May 18, 1798.

[324] Idem.

[325] Afterwards known to Turner at Hamburg, p. [14] ante.

[326] The Express, May 26, 1798.

[327] Mr. Froude says that 'Lord Edward was naturally a powerful man' (iii. 343). This impression is not accurate. Jasper Joly, LL.D., son of Lord Edward's godson, tells me that 'he was a small, wiry man.'

[328] Francis Higgins to Under Secretary Cooke, May 18, 1798.

[329] John Wesley visited Moira House in 1775, and has described the splendour of its rooms, one of which was inlaid throughout with 'mother-of-pearl.' The spiritualised philosopher adds, 'and must this pass away like a dream?' But he did not live to see, as Magan did, Moira House the refugium of hunger, rags, and dirt—a 'Mendicity Institution.'

[330] Lecky, viii. 44.

[331] Ibid. vii. 211.

[332] Life of Reynolds, by his Son.

[333] Francis Higgins to Cooke, Stephen's Green, June 8, 1798. Quoted by Lecky. For curious facts about Higgins, see chapter xiv.: 'Father O'Leary.'

[334] Higgins to Cooke, June 13, 1801.

[335] The writer will be excused if he seems to linger on this theme; but from childhood 'Magan' has been to him a familiar household word. His grandfather, John Brett, lived next door to Magan's house at Usher's Island. Voices, long since hushed, often described their strange, silent neighbour, of whom it might be said, 'still waters run deep.' Brett, though not a rebel, had popular sympathies, and several patriots, including James Tandy, visited at his house. One day Major Sirr created a great scare at Brett's by instituting a search for pikes and papers. The hysterics of the young ladies and the protests of their brothers served only to stimulate his ardour. No nook was left unexplored, no stone unturned. The intruders even uprooted the flower-beds in the garden, hoping to make a discovery, but all in vain; and Sirr, with drooping plumage, at last withdrew.—See James Tandy's arrest, Appendix, infra.

[336] United Irishmen, ii. 234.

[337] Historical Review, ii. 256.

[338] O'Kelly held, from a close personal knowledge of the man, that he would be incapable of treachery.

[339] Correspondence of the Duke of Wellington (Ireland), pp. 485-6.

[340] Two gardens belonged to Moira House: one in front of Island Street, the other at its opposite side. These gardens are separated by Island Street, which runs parallel with Usher's Island. A subterranean passage under the street communicates with both pleasure grounds. Usher's Island was formerly called Usher's Garden.

[341] The monk names this figure, but I think overstates it.

[342] The Sirr MSS., Trin. Coll. Dublin.

[343] In library of the Royal Irish Academy, Dublin.

[344] The Sirr MSS. This letter is quoted by Dr. Madden, who thinks that the information on which Dodgson and Caulfield acted came from Kildare; but it appears by the letter he himself prints (i. 522) that it came from Dublin. Caulfield's letter, addressed to Major Sirr, says, 'In consequence of your information, I reached Philipstown.' On the two previous occasions when Major Sirr had laid hands on Lord Edward Fitzgerald, the information as we see came from Magan. Dr. Madden, in printing the letter referred to above, erroneously assigns to it the date 1798; but the original MS. displays 'December 17, 1803.'

[345] How Mr. Fetherston came to patronise Thomas Magan's lodgings, and otherwise to befriend him, was partly due to the fact that Magan had descended from a once opulent race in West Meath. Vide wills, in Irish Record Office, of Thomas Magan, Togherstown, co. W. Meath, dated 1710; and another, probably of his son, dated 1750. By a deed, dated May 2, 1798, it appears that James and John Fetherston had been trustees of the will of Mary Magan, the grandmother of Francis. The property of Papists in penal times was liable to discovery and forfeiture, and the help of friendly Protestants as trustees sometimes became a necessity. The first mention of the Magans, and of the Fetherstons as their trustees, is in 1763.

[346] Mr. Lecky has been kind enough to say (History of England, viii. 45) that I have 'thrown more light than any other writer on the career of Magan;' and he quotes the above as 'a very curious fact,' adding that it would be interesting to know if 'the transaction took place shortly after the death of Lord Edward.' As satisfaction of the bond might possibly have been 'entered,' I searched the records of the Four Law Courts, term after term, from 1798 to 1808, but no trace can be found.

[347] The deliberate and mercenary way in which the respected 'counsellor' set himself to spy could be shown by fifty letters. Father Quigley, or O'Coigly, who, it will be remembered, was arrested at Margate in February on Turner's information (see chap. iii. ante), and suffered death soon after, escaped by a hair's breadth the net which Magan had been weaving for his capture in Dublin. A letter from Higgins to Under-Secretary Cooke, dated 'Stephen's Green, 12th January, 1798,' goes on to say: 'When I saw M—— this day and just mentioned Quigly's name, he gave me instantly a description of him. Met him before he went abroad often, and was sheltered in Dixon's house. Will, he is convinced, find him out. But I beg to recommend a strict watch on Dixon's and you will instantly discover him.' Four days later, i.e. January 16, 1798, Higgins tells Cooke, 'M—— went several times to Dixon's, but found no trace of Quigly at his former residence. Neither has he been at Dr. McNevin's. The only place that he can be sheltered among the party is at Bond's, and which will be known by Thursday.' Two previous letters, dated October 17, and October 30, 1797, report very fully Dickson's conversations with Magan.

[348] Magan, to divert suspicion from himself, may have been the first to set the story going that Neilson was a base informer. Thomas Moore, after making inquiries in Dublin, returned home strong in suspicion that Neilson had betrayed Lord Edward. Magan, in his secret letters of 1798, sometimes seeks to convey that Neilson was giving information at Dublin Castle. One letter, dated April 22, 1798, says: 'I sometimes imagine he (Neilson) is the person who communicated with Government; however, suspicion has not pointed at him.' Higgins writes (May 15): 'M. says Neilson is playing a double game.' So faithful did Neilson prove, that Major Sirr discovered him organising a plot to rescue Lord Edward.

[349] P. [19]. The italics are Hamilton's. Hatton was one of the rebel executive at Wexford.

[350] James Dickson, at whose house Magan had been a constant guest, died a few years previously, and was buried beside the Round Tower at Lusk.

[351] Fingall before his death expressed deep regret for this policy. See Fagan's Life of O'Connell.

[352] Afterwards Chief Baron.

[353] Afterwards Master of the Mint and British minister at Florence.

[354] Bellew, Lynch, and Donnellan had pensions; not for secret service, but to restrain them from clanking their chains.

[355] Afterwards a Privy Councillor, and British minister at Athens.

[356] Afterwards Mr. Justice Ball.

[357] The papers which set forth Magan's real claims to his pension were not then accessible, even to the Irish Government. One of the many letters addressed by Higgins to Cooke, dated June 30, 1798, refers to the original intent of the United leaders to rise on May 14. 'Lord Edward was then with Magan, who found means to prevail on him to postpone his purpose.' The postponement would give time for the capture of Lord Edward Fitzgerald and others. This letter was written after the death of the chief, and informs Cooke that 'the plan was to rise Garretstown, Naul, &c., and circuitously round the metropolis to Dunleary, &c. Lord Edward insisted on his Kildare men and those of Carlow being brought in, and he would take the field at Finglas, and march into the city, which was his great object to carry.' The above is curious as showing how much Lord Edward's views had changed since Reinhard described him as one 'of the moderate party.'

[358] Some said of Smith that he was 'cracked with larnin',' and his chat deserved that Irish compliment. 'Your phrase "Still waters run deep" seems happy in its application to Magan. There is also an Irish proverb of which it reminds me:—

Well rendered by the Latin, seemingly a mediæval rhyme—

"Audi, vide, tace:
Si vis vivere in pace."

and almost literally translated by the French—

"Oys, vois, et te taise,
Si tu veux vivre en paix."

Magan was not dumb, but he knew well probably when to hold his tongue.'—Letter of the late J. Huband Smith, M.R.I.A., June 5, 1866.

[359] The only sense of humour that he is recorded to have evinced was in reference to Con Leyne, a wit often named in Moore's Diary. The late Rickard O'Connell, of the Munster Bar, and satellite of the Liberator, wrote, in reply to some questions, that he had been introduced to Magan at the Four Courts in 1831 by Maurice King, who said: 'Our young friend can tell you some good ones as to how Con got on at Darrynane' (Dan's seat); and from time to time after, as I met Magan in the 'Hall,' there was generally some allusion to Con, and a chuckle if any fresh story or point against the renowned gastronome turned up. 'The only members of the Munster Bar I ever saw speaking to Magan were King, O'Loghlen (Sir M.), Con Leyne, and Howley—all men of high honour, who would shun him as a black sheep if they had even a strong suspicion that he was the character you assume him to be. Usually, he was rather starched and formal in manner.'

[360] William Allingham.

[361] See Lives and Times of the United Irishmen, 2nd ed. ii. 408.

[362] Canon O'Hanlon, author of The Lives of the Irish Saints, then attached to the church of SS. Michael and John. The vaults referred to were once the pit of Smock Alley Theatre. The coffin, inscribed 'Francis Magan,' reposes close to that of the venerable Father Betagh.

[363] This was written in 1866, though not published until now.

[364] Secretary to the Mendicity Institution.

[365] Dr. Carpenter preceded Dr. Troy in the see, and by great prudence guided the suffering Church through the quicksands which in penal days encompassed it. He deprecated public agitation on the part of his flock, lest the very clanking of the chains should arouse their keepers to renewed activity and vigilance.

[366] The brother of Mathias O'Kelly was betrothed to Miss Magan; but he broke away. Whether the bridal feast had been absolutely spread, is not stated.

[367] The late Dr. Fleming of Merrion Square, one of the next-of-kin, sought by legal proceedings to foil this arrangement, but failed. Mr. H. Fetherston, his attorney after the case had been decided against his client, said to the gentleman who partly represented Miss Magan: 'According to Canon Law you are now free to keep this money, and none but a fool would reject it.' Mr. Fetherston was right; but the other replied that there was also a law of honour and of conscience.

[368] Hartstown being a freehold, it could not go towards the endowment of the institution, and the executor says that this fee-farm has cost him more trouble than all the worry attendant on her complicated affairs.

[369] By a deed, dated December 10, 1797, Lord Carhampton, commander-in-chief, a leading terrorist of his time, grants to Francis Higgins part of his estate of Hartstown and Barnageath; but without mention of trusts or considerations of any kind. During a law suit which took place in 1802, as Mr. James Curran, great-grandnephew of Higgins, informs me, it transpired that Higgins, in this transaction, had been merely trustee for Magan. The freehold conveyed by Carhampton to Higgins is now in the hands of Magan's legal representative. I long suspected, but, on full inquiry, have failed to satisfy myself, that Carhampton's grant to Higgins, in trust for Magan, was part of an arrangement cunningly devised to baffle suspicion, and meant as an acknowledgment of private information regarding rebel doings, which Magan, it is certain, was giving to Higgins; but at least, it proves Carhampton's friendly wish to promote the interwoven interests of both. On pursuing the labyrinths of the Registry of Deeds Office, Dublin, I find that the Magans had connection with the property so far back as 1780. On February 20, 1793, 1000l. was lent by Higgins to Thomas Magan, the father of Lord Edward's betrayer, charged on Blackstaheny and Clonsilla, the adjoining lands. Three years later Higgins tightens his toils, and, as already stated, seeks to further secure this 1000l. charged on the same property. 'Shamado,' doubtless, well knew how to make his creature work. The consent to harbour Lord Edward, and the whispered information as to place and hour would be an easy way of wiping out the debt for 1000l., and of currying favour with the lender. I may add that the foregoing note was written long before I had found the criminatory letters of Higgins and Magan.

[370] Some of Magan's receipts have been preserved. On these receipts the letters 'S. A.' are marked, a cipher implying that he belonged to a class of informers who, by special agreement, were never to be called upon to give public evidence. His pension was paid quarterly, and here is one of his receipts:—

'Received from Wm. Gregory, Esq., by Wm. Taylor, Esq., fifty pounds sterling, for the quarter to December 24 last.

'Dublin, January 22, 1816.

F. Magan.'

[371] Letter of Edward Ferris, M.D., Athy, June 21, 1867. He died, March 25, 1877.

[372] A run had been made on La Touche's Bank, and great fears were expressed lest it should break. At last Lord Limerick, who as Sexten Pery had been popular, took his stand at the counter, and when people saw him paying out the gold, confidence became restored.—His kinsman, Aubrey de Vere, to the Writer.


CHAPTER XII
WILLIAM TODD JONES. EMMET'S REBELLION

Todd Jones, Wolfe Tone, and Hon. Simon Butler were three Protestants to whom, Mr. Froude says, the Catholic Committee voted 1,500l. each, as a reward for their cordially rendered aid. This was in 1793, and we hear no more of Todd Jones from Froude. His subsequent history is not without interest, and seems interwoven with that of Francis Magan.

John Philpot Curran's writing-desk remains exactly as he left it when quitting Ireland in 1817 to die. A long and cautiously written letter,[373] without signature, dated August 13, 1803, but known to be from Lady Moira, reposes in this desk. It was written three weeks after Emmet's rebellion, and a month prior to his execution. The letter begins mysteriously, 'Read, reflect, but do not answer. Time will unfold the intentions.' She complains of information which had been sent to the Government, regarding a trunk, assumed to be full of papers, reaching Moira House, Usher's Island, and presumably from Todd Jones. She declares that her rooms were ransacked, under a warrant from the Secretary of State, and how letters addressed to Todd Jones at Moira House had been carried to Dublin Castle. In writing to Curran, whom she wishes to be her counsel if the matter should come to trial, she makes light of these letters, and prudentially describes her correspondence with Jones as mainly of an antiquarian and picturesque interest.

Magan, who resided within a few doors of Moira House, possessed peculiar facilities for 'setting'[374] the movements of its habitués.[375] It must have been in 1802 when he was found by Mathias O'Kelly[376] associating with Todd Jones, and that date merits attention. 'I had been absent from Ireland for ten years, from the year 1792,' writes Jones in his petition to the king, 'during the whole of which period I was uninterruptedly a resident in England, and in May 1802 I was indispensably compelled to return to Dublin, by an affair of honour.'[377] Soon after he proceeded to Munster, 'which I had never beheld, and had long entertained an inclination to see.'[378]

At what date can we trace the first arrival of Jones on his mysterious mission to Clonakilty, where with several of his friends he was arrested on a charge of high treason in July 1803? To that question the answer is, December 1802. The 'Account of Secret Service Money, applied in detecting Treasonable Conspiracies,' contains the following entry:—'1802, December 15th, Francis Magan, by direction of Mr. Orpen, 500l.'

There is but one family named 'Orpen' in Ireland; and the only Orpen who could possibly be authorised to direct the payment of 500l. to Magan at this time was the High Sheriff of Cork, in whose bailiwick Jones was tracked and caught.[379]

Emmet, in his speech from the dock, denied that he was the life and soul of the conspiracy, as alleged by Mr. Solicitor-General Plunket; declared that men of greater mark than he were deep in it; that on his return to Ireland he found the organisation formed; he was asked to join it; he requested time to consider; they invited him again, and he embarked in the enterprise. And yet, so carefully was the secret kept, that nothing transpired to show that he had any colleagues of good position. Lord Norbury, who tried the case, and the Attorney-General stigmatised the plan as contemptible from the fact that Emmet's allies were of no higher rank than 'ostlers, bakers, carpenters, and old clothes men,' and, notwithstanding the solemnity of Emmet's dying words, history has since given him the exclusive credit, or discredit, of the rising of 1803.

Among others to whom suspicion attaches, although there is no absolute evidence to show his guilt, may be mentioned William Todd Jones, a Protestant of good family and some means, a barrister and writer, and a member of the late Irish Parliament. The Viceregal organ, the 'Dublin Journal,' in its issue of August 6, 1803, after noticing the arrest of Jones, adds: 'This gentleman has been many months on a tour through the provinces of Leinster and Munster, making speculations on the state of the country through which he passed.' He remained eight months in Cork, and it is a question whether, during that prolonged stay, he may not have sought to foment revolution. All memoirs of Emmet have hitherto been silent as regards the complicity of Cork in his designs. Kildare is the county of which mention is chiefly made. The following from the 'Courier' (London) of August 5, 1803, furnishes a glimpse into the then state of Cork:—

A Dublin mail arrived this evening, and brought us letters and papers of Monday last.... Though there has been no rising in Cork, yet very unfavourable symptoms of disaffection have appeared there, and to the south of that city we are sorry to hear that the malignancy of the former rebellion is by no means extinguished.

The same journal, of August 16, 1803, contains a letter 'written by a gentleman of distinction in the county of Cork,' possibly Mr. Orpen himself, who commanded a corps of Yeomanry. The writer, after stating that he had spread yeomen in all directions to prevent the embarkation of persons charged with treason, goes on to say:—

Todd Jones has been at Dr. Callanan's, Clonakilty, the last eight months: H.,[380] by order of Government, arrested him for high treason, as also the Doctor and his son.... These measures have been attended with alarm; but I think we are at present quite safe; and a strong fleet at Beerhaven relieves me from all apprehension of an enemy.

The entire of the Yeomanry of this kingdom is now on the permanent establishment. Our corps is strong, and without vanity a good one. I have applied for an addition of infantry: with this augmentation, I shall feel very little apprehension for any attack made upon us without the aid of foreign force.

It appears from this letter, dated August, 1803, that Jones had been then eight months at Clonakilty in the county Cork: therefore his arrival would have been in December 1802—the very date of the payment of 500l. to Magan by direction of Mr. Orpen, high sheriff for the county. Meanwhile the locality in which Jones pitched his camp became, from some cause, decidedly heated. A letter in the London 'Courier,' dated 'Cork, August 21,' after recording the arrest of Todd Jones, Donovan, and Dr. Callanan, states, 'The peasantry in the neighbourhood of Ross, near Clonakilty, go armed to their chapels, and mount a regular guard over their arms while they perform their devotions.'

We have seen that Magan—traditionally described as an unsociable person, possessing few friends—maintained most intimate relations with James Dickson of Kilmainham, in whose house Jones was also a constant guest. About the same time as the arrest of Jones in Cork, the 'Courier' of August 30, 1803, announces in its Dublin news: 'Yesterday Mr. James Dickson, of Kilmainham, was arrested at his house by Messrs. Atkinson[381] and Carleton, chief peace-officers, and his papers searched. The superintendent magistrate had him conveyed to the Castle, where he underwent examination, and was afterwards committed to Kilmainham Gaol.'[382]

Todd Jones, writing at the time, warmly details the circumstances of his arrest (the italics are his own):—

My person has been assaulted in my bed at daybreak, in the respectable mansion of a venerable friend, Doctor Callanan, near Clonakilty, and I have been conveyed, very strongly guarded by Troops, to an ignominious common Gaol: in reaching which, at the moderate distance of twenty-two miles, I have been wantonly exhibited, like an already convicted Felon, for two long summer days, the first and second of August, in Orange Triumph, to the gaze of a very crowded Bandon rabble; and thence paraded, with like ostentation, through all the streets of Cork, as if in progress to Execution.—My venerable friend and hospitable entertainer, Doctor Calanan, a Physician of the age of seventy, with his only son, on my account, have been dragged from the same mansion to Prison, after a similar triumphant exposure of two days, to gazing multitudes, in the short distance of twenty-two miles: a Man eminent for a long professional life, dedicated to the Poor, and to the Peasants, whose tears kept pace with his progress.

He then goes on to request that all concerned in his detainer, including the Sheriff of Cork, may be summoned to the Bar of Parliament. An account of his shattered health is sent to the Secretary of State—'It is my liberty which I pray for—a trial—liberation—or death! I have been a close prisoner for eleven weeks, without even having been shown my indictment, or been told the names of my accusers.'[383]

These complaints were made in October, 1803, but entirely failed to obtain redress. His petition to the king, dated 1808, resumes the story: 'Within this prison I continued confined from 23rd July, 1803, until the latter end of October 1805, when I was unconditionally discharged by the High Sheriff of the County of Cork—untried—unbailed—unexamined and unredressed.'[384]

When the High Sheriff of Cork liberated Jones it may be assumed that the same authority was instrumental in his committal. Formerly, high sheriffs took much more active part in such proceedings than now. No organised system of police then existed, and the high sheriffs seem to have been duly impressed with the responsibility of their position. On March 18, 1800, we find in the Secret Service Money Book, 100l. handed to Mr. Archer, High Sheriff of Wicklow, for the detection of treason, and on April 27, 1801, a further sum. But these exertions were dignified in comparison with the acts of Sir Judkin Fitzgerald, High Sheriff of Tipperary, who, with his own hands, flogged the peasantry to extort confession.

Emmet's insurrection burst forth in Dublin on the night of July 23, 1803; that same morning, and at a distance of 150 miles, Jones is arrested.

The connection of Todd Jones with Irish politics was apparently of a graver and more subtle sort than might be inferred from Lady Moira's letter to Curran, or even Plowden's account of him in his History. Plowden, a Catholic—the guest, with Jones and Magan, of James Dickson—says that the persecution which Jones underwent at the hands of the Government was due solely to his powerful advocacy of Catholic Emancipation and Parliamentary Reform. He defends Jones with all the warmth of friendship; his 'History of Ireland' enters most largely into the case, and quotes various orators who sought to vindicate Jones in Parliament.[385] But the reply of the ex-Secretary of State, Mr. Wickham, finds no place, contrary to Plowden's usual honesty and fulness in that work. Wickham, as appears from Hansard, rose from the bed of sickness to reply to Fox, who had taken up the case of Jones, and addressed the House sitting. He said:—

For some time after the arrest of Mr. Todd Jones, which the Irish Government was induced to order upon information—the particulars of which he could not with any propriety describe, but which were satisfactory to their minds as to the measure. Mr. Jones remained in prison without any particular inquiry having been instituted in his case. As soon, however, as the trials which followed the insurrection of 1803, and which so much occupied the attention of the Irish Government, had terminated, an inquiry into the case of Mr. Jones took place.... He had already stated the impossibility of giving a full explanation to the House without acting unfairly towards the character of the Petitioner. After the trial of the rebels, and the fullest investigation of the charge against Mr. Jones, his case became much more serious than it appeared at the outset. Willing, however, to act with every possible mildness, his case was submitted to the Crown lawyers accompanied by this question, 'whether it would be proper to liberate Mr. Jones,' and their unanimous opinion was decidedly in the negative. The Irish Government transmitted the case of Mr. Jones to his Majesty's Ministers in this country, requiring their advice; and their answer was, that it would be extremely unadvisable to allow such a person to be at large in Ireland![386]

Of how Jones's alleged guilt was hushed up, and why the vengeance of the Attorney-General preferred to fall on 'ostlers, bakers, carpenters, and old clothes men,' as he said, an idea may be perhaps formed from a letter addressed by the Right Hon. William Saurin to Jones, proposing that he should secretly, and as if of his own accord, exile himself from Ireland. This letter was enclosed by Wickham to Jones on October 11, 1803. Saurin, Jones states, had been his schoolfellow.[387]

Dr. Madden professes to supply a list of all persons of substance connected with Emmet in his attempt; also of persons who were cognisant of his plans, and were supposed to be favourably disposed towards them; but Todd Jones obtains no place,[388] and therefore the less excuse is needed for this effort to embrace a long neglected figure, and one not uninteresting for 'Auld lang syne.'[389]