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Ilorse-Guards, October 12, 1803.

My Dear LORD,

I have received the commander in chief's directions to inform your Lordship, that the result of a reference made to the persons in whose hands the Government of Ireland was vested at the time when the transactions alluded to in my confidential letter of the 1st instant to your Lordship, respecting captain Philip Hay of the 18th Light Dragoons, as stated to have occurred, has proved so satisfactory both in regard to the character and principles of that officer, as to afford his Royal Hichness the fullest conviction, that the insinuations against him are unfounded ; and his Royal Highness conimands me to desire that your Lordship will take the earliest opportunity of communicating the same to captain Hay,

I remain, my dear Lord, with great regard,

Your very faithful obedient servant,


M. G. LORD PAGET, &c. &c. &-,

Horse-Guards, 12th October, 1803,


I have had the honor to submit to the commander in chief your Lordship's letter of the Gh instant, transmitted to me by captain Philip Hay of the 18h Light Dragoons. The favourable testimony therein borne by your Lordship to the character and priuciples of that officer, has proved perfectly satistactory to the comnander in chief, and afforded his Royal Highness full conviction that the insinuations thrown out against him, are entirely groundless. I have by bis Royal liighness's commands signified the above, by this night's post, to M. Gen. Lord Payet, for the infoimation of captain Hay, and have done myself the honor to inake this communication to your Lordship, conceiving you would wish to be made acquainted wiih the result of the interest you have taken in belialf of captain Hay,

I have the honor to be, with much respect, my Lord,

Your Lordship's most obedient huinble scrvant,


Gen. The MARQUIS CORNWALLIS, K. G. &c. &c,

And this deponent further saith, that Lord Castlereagh, itho, from his situation in Ireland was particularly well acquainted with all the circumstances relating to this deponent's situation with the rebels, having been about this time in London, waited personally on his Royal Highness the Duke of York, and explained to him the infamy of the representations which had been made against this deponent, by the said Earl Kings. ton and his colleagues: and ihis deponent further saith, that in the early part of the year, one thousand eight hundred and five, he heard that fresh representations had been made to Lord Cathcart and to the Government of Ireland, to this deponent's disadvantage; and that on this occasion, the said Earl of Kingston had again taken active steps to raise doubts to this deponent's prejudice, with a view to obst'u- tiis deponent's professional advancement, and render him a su pected person :. and this depon ng further saith, that before and since the year one thousand eight hundred and tive and down to the meeting between this deponent and the said Earl in October last, the said Earl has, as this deponent has been informed, by persons of the highest honour and veracity on various occasions, traduced the character of this deponent, by representing him as a rebel, and saving a Hangman was the only person fit to meet this deponent, or to that effect; and this deponent has heard, that the said Earl has stated his determination to ruin this deponent's character, or to that efect, all which this deponent believes to be true; but this deponent was dissua led from instituting any proceedings or taking any steps against the said Earl in respect of his aforesaid calumnies, while the powers of the board of commissioners of compensation for suffering loyalists were in force as this deponent had been informed, that the said Earl had repeatedly stated he was to be the principal witness against this deponent : and this deponent further saith, that the slander of the said Earl against this deponent was by no means the consequence of the compensation this deponent received as a suffering loyalist ; for that long before the act of compensa. tion passed, the said Earl, as this deponent is informed, and believes imputed to this deponent in an Anti-room at Dublin Castle, the having headed the rebels at the battle of Gore's Bridze, and having been instrumental to their success on that occasions; and that addressing himself to the late Lord Ely who was acquainted with this deponent, the said Earl Kingston in the presence of several persons there, named this deponent as the person referred to, when the sairi Lord Ely told the said Earl Kings · ton that he must have been misintärmed, for that this deponent had dined with the said Lord Ely in Dublin on the very sa ne day when that batile took place; and this deponent he did so, and positively denies he w.cs arany battie at or near Gore's Bridge: and this deponent further saith, ihat the powers of the said commissioners ceased in the spring of the year one thousandtoighe hundred and six, from which time till the moon of September, olie thousand eight hurred and seven, this deponont was detained in Ireland with his reyimeni, and had no opportunity of seeing the said Esrl: and this deponent further saith, that he believes some such meeting of magistrates took place as is mentioned in the affidavit of the said Earl ; but this deponent did not kno:v any thing of the said letter of


the second February, one thousand eight hundred and three, until he saw it in the affidavit of the said Eail, save that this deponent knew certain of the magistrates of the said county of Wexford, many of whom he believes to have been the very persons who occasioned his trial, and furnished the evidence for the prosecution before the said court martial, in one thousand seven hundred and ninty eight, had endeavoured to force this deponent to refund the compensation he received as before set forth; and this deponent denies having evaded the investigation of his right to obtain compensatio:a as stated in the athi lavit of the said Earl : and this deponent in vindication of his character against this further calumny of the said Earl, begs to set out a copy of a letter be received in January, 0:e thousand eight hundred and five, from Peter Burrowes, Esq. one of his Majesty's counsel, who was the counsel of this depo. nont, which is in the following words :

4th January, 1805-- Leeson-street.


I received your letter, together with copies of the letter of the commissioners of suffering loyalists, and of Gen. Payne, and consulted your other counsel as to the expediency of your complying with the desire of the commissioners, by consenting to a trial before the Recorder upon the 20th instant. We are all of opinion, that you ought not to enter into such consent or to do any act to facilitate this most vindiétive and unprincipled prosecution which ever occurred in my experienc:, no doubt if the body to which you belong should think otherwise, you will comply with their opinions and feelings; but I think it is not likely that any unprejudiced man of honorable feelings would think the worse of you for your availing vourself of every legal protection against this mot vindi&tive proceeding, the commissioners who ought to be trustees of the fund for relieving suffering loyalists, but who have become instruments of the implacatle bigotry of a party who have made a statement which the slightest investigation would expose as false and uncandid. They do not say that before you received your compensation, you disclosed the fet of having been accused of and tried for treason, but they insinuate the contrary--- hley ascribe the failure of the process in Enniscorthy to the absence of the chairman, when they knew that your counsel denied the jurisdiction of the chairman to try it, and sent in an opinion of Mr. Saurin to that effect to the com. missioners, to prevent the fruitles; waste of money, by expensive efforts to try it in a prejudiced country, which the commissioners refused to attend to, they misrepresent the nature of the proceedings in the Court of Fxchequer, I avow, having advised you to sign that consent, and I did so, because it was avowed on the part of the prosecution that they would crre you to the expence of going again to Enniscorthy, where the question could not be legally and finally decided unless you entered


into such consent, and I assert that you fully complied with the consent, and that the court quashed the proceedings, nut upon any formal obje&tion, but because they would not try such a question ; and if Lord Avonmore be resorted to, he will, I have no doubt, confirm my statement. Even if you were to consent to a trial, no court would, under the circumstances, refuse you any length of time you might ask for preparation; yet these gentlemen call upon you to be prepared by the 20ih instant, under such circumstances I should think the coinmander in chief would not interfere to prevent you froin defeating and obstruét. ing this prosecution in any way you can. It occurs to me that the commissioners in pressing for an investigation of what was so solemnly decided by so respectable a court martial, insult that jurisdiction by impliedly saying that their unanimous decision upon an enquiry, 'when the facts were recent, o'ght to have no weight. It never was heard, that a man so tried and acquittel, should at the end of six years be forced again to prove his innocence, after the death of many, and the dispersion of most of his witnesses. I have spoken to almost every legal man in Ireland of character, and to many of the judges, and never met one nian who did not highly condemn the procecuing; so that I persevere in advising you not to give it any facility.

Your's truly,


AND this deponent further saith, that about the eighth of October last, this deponent, accompanied by captain Hughes and lieutenant Carew of the 19th Dragoons, called at the house of the said Earl, when he was informed that the said Earl was from home but expected shortly to return, and that after they had left the said house they met the said Earl in conpany with another gentleman (who this deponent has since learnt was Mr. Powell) in Devonshire-street; and this deponent thereupon went up to the said Earl and accosted him saying, I believe I speak to Lord Kingston, to which the said Earl answered you do, and thereupon the said Earl asked this deponent who it was that was addressing him, to which this deponent replied, I am Captain Hay of the 18th Light Dragoons, and these gentlemen (pointing to Captain Hughes and Mr. Carew) are brother officers of inine; and this depinent thereupon stated to the said Earl, that he wished to have some conversation with'lıim in their presence on a sušject relating to himself, and asked the sa:* Earl if he would like to adjourn tu some more retired place than !ne s Pet; where. 11pon the said Earl remarked that the street would do eil enmig, or to that effect; and this deponent then observed that he, this deponent bad been credibiy informed by several persons, that his Lərisbip badi in several places traduced the chara'er of this deponent, and this deponent wished to hear, and that those gentlemei siould also ler wivat his Lordship had to say respecting it, when the said Earl replied, I wiltin you, and proceeded to state, that on hearing that this deponent brid received his claim as a suffering lovalist, he the said Eurl did every thing in his power in conjunction with the betore- mentioned mag'sirates and commissioners to have this deponent trory!t to trial for the swindling,


transaction this deponent was guilty of in receiving such comperisation ; whereupon this deponent replied, that he did not want to know what his Lordship had done in conjunction with the said magisi rates or commissioners, being sufficiently acquainted with their exertions already, or to enter into any invective, but that he required an explanation from the said Earl of the language this deponent was told he had so frequently made use of to the prejudice of this deponent's character, and an apology for his observation of the moment before, alluding to his expression of swindling. when the said Earl replied he would give or make none, that he had been to his Royal Highness the Duke of York to state this deponent's conduct ; and that, in his, the said Earl's opinion, the only person fit to deal with this deponent was the Hangman, and that he had inade use of the same expsession some time back to this deponent's colonel, or to such effect; whereupon this deponent being considerably irritated, told the said, Earl it was very immaterial to this deponent what ihe said Earl could say, that what he had then expressed was of apiece wich the rest of his conduct, and as false and malicious as every her statenient he had made; and this deponent then said to the saiú Earl, I now demand liat satisfaction from you which is due from one veieinan to another,, when the said Eari replied, what do you man captain Hay, do you mean this as a challenge, whereupon this deponent an:vered he did not conceive his language required elucidition, but if the said Earl did not understand it, this deponent certainly meant to challenge him, or !o that effect; whereupon the said Earl replied, I will not meet you Captain Hay, I do not consider you a fit person to meet, as you evaded appearing before a jury of your country to answer the swinding transaction you have been guilty of in receiving compensation as a suffering loyalist, when you were in fact a rebel, and I shall wait upon the Duke of York and state your conduct to him, and I shall prosecute you for the challenge you have given me, or to that effect: And this deponent saith, that he ihereupon replied to the said Earl, I have nothing more to say to you, I found you in infamy and I leave you where I found you : and this deponent further saith, that although other conversation passed, in which the said Farl contradicted himself the precise course of what this deponent is not able to detail with accuracy, this deponent is confident he said nothing to the said Earl either amounting to or imparting a challenge or demanding satisfaction, until he the said Earl had given him abuse instead of explanation, and used the words swindling and hangman, in the manner icfo:e set forth; and this deponent further saith, that the sajd captain Hughes was as this deponent believes at or near Saint Asaph in Wales, when the rule was moved for a ainst this deponen', and this dej onent immedirtely wrote to the said captain Hughes, requesting him to come to Loncion, but this deponent hus vive heard from : he said Captain Huglies in answer to h s said kiir, nor does he is lieve that the said captain ilughis is now in or near Luncion,

Swora in Court, this twenty-es enth} PHILIP HAY.

day of devember, 1907.

(3y the Court)

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