Star. — London, England, 1809-01-28 00:00:00

t a static* as ;tat of Commander in Chief. i. ln e n r i r he feared, become very elifficult to prevail ' t f the elevated rank of the illustrious per _ question, o n% to accept an office of such extraor :y d extensive responsibility. It would appear ' t h a e n s tatement of the alledged facts, that with a fion s from o i n out of his own pocket, I., • e se to save money g connived at, or au thc Commander in Chief the sale of Comminions, the emoluments of the h r ic i h 'e- we -- ; into the coffers of his favourites, to the `" ,at d etr iment and injury of the Compassionate o ci . This seemed to be most contradictory of principle of reason, or even probability. The ee ry compassionate Fund actnally originated with the pr Chief, whosave up voluntarily, and cema d,.. rani and generously, a very extensive patro /n,,,,cst,iiiben -- order that the Commissions so within his htbe sold, and.added to the Compassionate t --r d n , '- 11 order to exonerate the half-pay list. Ithe pad wished to make use of th ese for corrupt ends, no thing could be fur th er from hi s purpose than the mode he ha d adopted. He coincided perfectlwi th y wi Friend (the Secretiery . at War), and Right Hon. sLc , u ld deem himself greatly deficient in duty, as well as justice, s h o uld he omit to speak of the state of the arm y so late ly under his com mand in Portugal, .and / d o e gallant achievetnents recen tl y received t he Thanks of the House. He really believed there Lever h a d been an army in a higher st ate of disci p line, { t an the Staff down to the meanest soldier in the rinks; an d if the army bad not p erformed the feats a and the glory and the reward of the . thanks mewed, the fault would not have been impu itritoreceithe COmmander in Chief, but to himself (Sir A rt hur) only. He thoufht so much from him was ice to the Commander in Chief, to whose superior r otary talents and unremitting teal and assiduity, t he high state of discipline which our attny c ould now b,ast, was certainly to be attributed. Having made t hese observations, he should certainly vote for an in qtury. Mr. YORKE said, he agreed with both the Right lion. Gentlemen who had _just spoken, as to the imp.or tante of the charge, and that it was highly deserving the attention of the House. He believed there was never a charge of treater magnitude brought before it; nor had any Hon. Member ever before taken o pon him to bring. forward :Wedged facts, at once so serious and so weighty in themselves, and in their consequences. He was sorry to observe, it had lately teen the misfortune of this country, to have been been with the most shamelul, scandalous, and atrocious libels against this illustrious character, and ethers of his august family. That such should have been the case, was, in his opinion, highly disgraceful to the country; and he was happy to ftd, that the matter had at length been brought into a tangible shape, and he hoped the Hon. Gentleman would proceed with his facts, and endeavour to prbn the very serious and important charge: which he had thus undertaken to do. He had for some time past viewed with the deepest concern the continued and repeated current of scurrility which had been poured forth against va rious branches of the Royal Family—and he could sot, from the whole complexion of it, consider it in any other light than as a vile conspiracy against the illustrious House of Brunswick. loud cry of hear! bear! from all (tart: of the Hansa) It had for some time past been thought by many, and said by some, that the Jacobinical spirit which some years ago so unfortunately pervaded many parts of this country, was in a great degree allayed and diminished, if not altogether annihilated. He believed, however, that where a spirit of Jatobinisrn had once taken root, it would never be wholly subdued or eradicated ' • and when he reflected on the numerous infamous libels which had lately appeared, he could not but consider them as the engines of a conspiracy devoted to those purposes (hear, hear, hear ), conducted, it was true, against his Royal Highness the Commander in Chief, but actually intended against the whole Family and Establishment (Hear, hear, hear ! from all sars.)— Write down the Commander in Chief, continued the Right Hon. Gentleman, and you eventually attack and wound the whole. This he believed verily ro be the aim and end in view.of these pertur bed spirits.— He was, therefore, decidedly in our of an imme diate inquiry, and if blame there was, there let the punishment fall ; but when it was considered who this illustrious Personage is against whom these facts have bun alledged, how nearly he is related to the Crown, how much praise he 'merited for his unremitting at tention to the army, and its most vital interests, to which the Right Hon. General had just before so for cibly borne testimony, and thereby recorded, he thought, that merely a commission would not be suf ficient to investigate a matter,of this important nature —but that, when the honour of a branch of theßoyal Family was so deeply concerned, and so strongly as sailed, the House should take up the matt er on a Ligher ground, and on a broader basis, and pass an Act cf Parliament for a Special Commission, em- Fowering them to examine persons who were brought as witnesses on their oaths. This being the impres sion on his mind, he should not have taought he had done his duty, if he had not thrown it out for the con sideration of the House, at least ; and no less grave and solemn mode of investigation appeared to him to in properly adapted to the ec t. . Sir FRANCIS HIJRDM' said, he thought it was impossible any Gentleman could have a differ mu feeling upon this subject from what bad been so forcibly expressed by all those Honourable Members who had delivered their sentiments on , the subject, and particularly those of the Right Hon. Gentleman who had just sat down. For t 2 he bad heard so many stories in circulation, w he had never had the smallest doubt weri•calumnies, that without knowing any thing more of the motion than what h e h a d heard from the Honourable Gentleman who brought it forward, and of his intention so to do, he had agreed to second it. He could have no other reason for doing this than - a sincere wish that these stories should be fairly brought to the test of investi gation, before so serious, so hodourable, and so com petent a tribunal as the House of Commons, and there receive that judgmen t and decision which he had n o doubt wou ld b e ii;aly honourable to the character of the illustrious personage Who bad been so vehemently assailed by them. The Right Hon. Gentleman had have appeared against the Commander in Chief, are 501nany indications to him that a conspiracy exists a t ta` is moment against the whole establishment. Where ltight Hon. Gentleman could obtain hisinformation 4 ' (Sir Francis) could not tea ; but for his own part, he could never suppose' drat itt this country, Where discussion was allowed, such publications as those alluded to naturally or Fairly lei to any such inference or deduction. It had' ever been the case that public characters, even in the highest rahlt, had,' from t.me to time, been liable to the attacks of false• hood and misrepresentation. That it should have been so, or that it was so at the presein period, he al lowed was much to be regretted ; but there was one consolation, at the same time, in reflecting that such weak efforts of envy or malignity were easily traced, and when found out might and ought to be exempla rily punished. He had no doubt but that the false hood and malice of the libels alluded to by the Right Honourable Gentleman would, on the present occa sion, meet the fate they merited. He knew no way in which they had a chance of doing so, which ap peared to him so certain or so speedy, as an investiga tion of and inquiry into the present charges ; and he was happy to find that the Right Hon. Gentlemen opposite to him were of the same opinion. Mr. ADAM said he gave way to the Honourable Baronet, in order that he might have an opportunity of shewing, as he had done, with so much coolness, candour, and politeness, the motives which induced him to second the present motion. He was extremely glad he had done so, as the whole of the Honourable Baronet's sentiments bad been delivered in a manner highly honourable to him. His chief reason for of fering himself to the House, on the present question, was for the purpose of suiting what he thought would be the most desirable method of proceeding in the pre sent case. In forming the opinion he was about to deli ver to the House, he looked only to the principles of the British Constitution, and the invariable end of its jus: tice, vie. that from the highest subject to the lowest, every person accused must be taken to be innocent till proved to be guilty. With respect to all those alledged facts which the Honourable Gentleman had then brought forward in a very candid manner, he had not the smallest doubt, however the Honourable Gentleman might have been induced to give credence to their truth or probability, it would ultimately turn out, on a proper investigation, that they are founded. in falsehood and misrepresentation. With respect to money, there were some circumstances in the trans actions which positively forbid him from believing them possible to attach to his Royal Highness the Duke of York. He had been more than twenty years not professionally, but gratuitously, in the service of the Duke of York, and he assured the House, he did not mention this from any vain boast of being so ho nonred with the confidence of that illustrious person ; but, from motives of justice, he thought it his duty to declare, that he had ever received the most unboun ded confidence from his Royal Highness as to all his pecuniary affairs ; and there never had been one of his embarrassments which the Duke of York had ever concealed from him. He used the word embarrass ment:, because they had been made known even to Parliament. On the accuracy of his memory in this respect, he could positively and firmly rely, and could truly say, that he never heard of any loan which he wished or attempted to negociate v:ith any individual whatever, that was not grounded on as fair and ho nourable terms as a loan of the Duke of Bedford, the Duke of Northumberland, or any other Nobleman could be, who had occasion at any time to raise money for any particular or special purpose. He was there fore an advocate for the inquiry, and should be happy that the five facts, or alledged facts, which had been stated by the Hon. Gentleman, should be speedily inquired' 'into. .He wotild, also wish to have this done in as public a manner as possible ; for publicity was what he aimed at, as much as his Right Honour able friend on the floor (Mr. Yorke) ; but be would not. with with him, that an Act of Parliament should be passed to obtain this desirable end. He would not have the aouse to give up its inquisitorial power ; but to obtain that publicity which was so much de sired, and was in fact so necessary for the due inves tigation of this important business, it was his advice that it should take place in a Committee of the whole House, where every Member would be a witness to it, and every circumstance would be fully inquired into. The great object was the mod e of in q uir y , and ' his decided opinion was in favour of a Committee of the whole House. Mr. WILBERFORCE thought, that situated as the House was as to party-spirit, a Committee of the whole House would not be that mode of investigation , which would best be adapted to that impartiality which a charge of this high importance required. He considered the judicial power of the House in this' way as very defective, and should prefer the mode proposed by the Kigbt Hon. Gentlema n ( Mr. Yorke) as preferable, because it would enable the Committee to be appointed to examine witnesses on oath, which would give the evidence a weight in the eye of the public and of the world, which the other could not do. 1 It had been done on former occasions, and he thought thii as important a case as had ever occurred, and as much entitled to such a mode of proceeding. His Royal Highness's rink, the delicacy of his - honour, and the splendour of his connections, require, that if put on his trial, it ought to be taken upon its real merits, and investigated in so ser ious a manner as to shew the House were in earnest ; that the inquiry should be on the most extensive scale, and that they were determined to do justice, which would best be done by examining witilbsses on oath. It was well known, the eyes of all Europe were then fixed on the deliberations of the House, and it behoved them to act in the most grave and decisive manner. He would, therefore, prefer a Parliamentary Commission, with power to examine witnesses on oath. The CHANCELLOR of the EXCHEQUER coincided in the unanimous feeling of the House, that to the most solemn and serious accusation brought forward that night, the most solemn and serious in quiry ought to be afforded. The only difference that seemed to exist in the mind of Gentlemen was, as to the manner of conducting that investigation, whether the ends, to which all looked with equal eagerness, were more likely to be acquired by a private and de legated examination, or by a full, prompt and public discussion, arising from the testimony, which the Hon. Gentleman who submitted those charges to Parliamentary consideration, may be enabled to pro d: ce at the Bar of that House. When he contem plated the important interests which the country had, N e ther in acquitting the e x a l t ed p ersona g e, if, as he s convinced, the event would p rove such charges could not be substantiated, or in rendering justice to the dignity of the character of Parliament, he was 4,11 ftlrapelled by all and every consideration, to eall upon . pro , . - - but a public one—and whatever inconveniences may follow from its adoption, they were dissipated by the superior and paramount advantages. Independent of its general recommendation, some consideration ought to be extended to the wishes of his Royal Highness. That wish, he could positively state, was, that the investigation should be most complete and public (hear, hear, hear I). There was nothing that his Royal Highness so particularly deprecated as any secret or close discussion of those charges. Standing as that illustrious personage did cn the fair , ness of his character, and the fulness of the evidence which he was enabled to produce in refutation of these charges, he was most peculiarly anxious to appear before the country ; if acquitted, acquitted by the most accurate and severe inquiry, or if condemned, l condemned by the most public and undeniable evi dence. Was the present moment suitable for the statements, he believed he could enter into particulars which would convince the House, that it was impose sible to bring those alledged charges home to his Royal Highness. The Honourable Gentleman (Mr. Wardle) had in the course of his speech stated a cir cumstance which particularly involved the character of his Majesty's Government. He had mentioned that two Members of the King's Cabinet were con cerned in this agency for the disposal of Government patronage. This was a topic on which he telt it ue to himself to require the fullest information, and it was for the option of the Honourable Gentleman to determine, whether he would afford it in a public manner in that House, or by a private communica tion to some of the tesponsible servants of the Crown (a cry of name ! name 1). When in possession of that information, he assured the House that by him no measure would be left undone to unravel and eluci- 1 date the truth or falsehood of that allegation. It was not for him to tell that House, that in this great Ca pital it might happen that foolish persons were fre quently deceived by advertisements in the public papers, announcing the disposal of official patrenage. And perhaps it has occasionally turned out, that the very persons who were originally deceived by these advertisements to make applications, did ultimately! obtain the very appointments for which they had .en deavoured to negocia.te ; but he was convinced that as there was nothing so discreditable to Government, so there was nothing more false in fact than the idea, that money was paid to persons high in office for such transactions. For the distinct manner in which the Honourable Gentleman submitted the question to the House, he conceived him entitled to its thanks. He Lad pledged himself to bring his charges home to hi, Royal Highness the Duke of York. Upon that pledge the proposed inquiry was admitted ; and both for the accuser and the accused, to guard against suppression and insufficiency of evidence, publicity was essentially, necessary. • Mr. WARDLE stated, that he was anxious to afford the fullest enquiry in his power to the Right Honourable the Chancellor of the Exchequer. The Office where this Agency was transacted was in Threadneedle-street, under the firm of Pollman and Heylock. The persons conducting the business there did not deny the influence under which they were able to procure appointments. They had stated va rious situations purchased. in the Island of Jamaica, and that two Members of the present Cabinet, for whom they acted in such negociations, and to whom he alluded in his speech, were the Lord Chancellor and the Duke of Portland. It was then carried, nan;ne contradicente, that the conduct of his Royal Highness the Commander in Chief, in the Appointment of Commissions, and filling up of Vacancies in the Army, be referred to a Committee. The CHANCELLOR of the EXCHEQUER then moved, that it should be a Committee of the whole House. Lord FOLKSTONE considered the Honourable Mover entitled to the fullest credit, for the manner in which he brought the subject forward. He was of opinion that the ends of justice would be best answer ed by referring the inquiry to a Select Committee, from whose reports all the benefits of publicity would be derived. It was extraordinary to see the Chancellor of the Exchequer interfere with the made of proceed ing which the Honourable Mover h td adopted, when the House recollected with what severe comment that Gentleman (Mr. Perceval) remarked upon certain Members at his side of the House, for the alledged in decorum of taking certain measures out of the hands of the original proposers. Mr. Secretary CANNING conceived that the sur prise expressed by the Noble Lord in seeing his Right Honourable Friend propose to the consideration of that House the most desirable mode of proceeding, ;would have been prevented if that Noble Lord had considered the nature of the improvement which was recommended. The interference of his Right Ho nourable Friend was not to restrict, but to extend in quiry—it was not to narrow the means, but to enlarge , the sphere of deliberation. It was an improvement suited to the importance of the accusation, and to that serious discussion which so many commanding inducements pressed it upon that House to afford.; The House should recollect that if such charges were proved, the issue of its deliberation might lead toa d proceeding affecting the most valuable privileges ofi Parliament, and the dearest interests of the elevated and illustricus Personage affected by their decision. It was established by various precedents in Parlia mentary history. It was to a Committee of the whole House the case of the Duke of Nlarlhorotigh was submitted, because such proceeding was con sidered, correspondent with the g ravit y of its jteli; cial character, and because it was a species of triat which united earliness with publicity. When, there fore, the Noble Lord complained that an attempt was made to take the subject out of the hands of the Ho nourable Gentleman who originally brought it for ward, the propriety of his reproach amounted to this, that the Chancellor of the Exchequer had proposed a motion calculated most effectually to promote the eh elect which the original Mover professed to have solely ' in his view. Indeed, the Honourable Mover himself did not feel any unjustifiable attempt at interfeience, nor did he evince any hostility ;o submit his charges to the Houie of COmmons in its most extended caacity. Vast .#9la)nraitle Qauleman • -- • • - ' , spirit e., fkr-4 , . Canning) was willing to give him - credit, and surely that Honourable gentleman could not be dissatisfied with those who placed him upon the most command ing stage, to reap the benefit of his patriotic labour s. —(Near ! Hear !)—He surely must be aware, that having undertaken the responsible task of submitting ito the British House of Commons such a serious ac cusation, that whatever may be the issue of its delibe ration ; in whatever view the House shall considerthe 1 transactions which he has disclosed, whether they I,e refuted or substantiated, infamy must attach some where—either upon the accused or the accuser.— (r Hear ! hear!) —Prom the system which has been dta liberately pnrsued for some time past, by the enea lilies of his Royal Highness the Commander ii Chief, he had to congratulate that illustrious Per sonage, and at the same time to thank the Hob. Mover, for the opportunity of canvassing the subject upon chargei preferred in a tangible shape. Whatever result may ensue from fuch accusations, it was not `to be denied, that that Royal Personage had been subjected to the systematic calumnies of a set of un principled libellers; that in their vile and malignant publications lie had been treated with a brutality of insult which almost made good men hesitate in deciding, whether the value of a free di:.cussion was not considerably depreciated by the evils of its unbridled licentiousness ? For the last six months, scarce a day elapsed without some fresh attack upon his honour and his feelings. There was a co-ope ration of cowardice with falsehood, which far ex ceeded the calumnious profligacy of other times.— A cowardice too of the basest kind, participating of the most depraved and odious qualities, deserving of that execration which the best feelings of hu manity would pronounce on the base assailant of female weakness, because, to direct unfounded at. • tacks against those in•high authority, was nearly simi lar to an attack on an undefended woman. It w::s therefore,• as sincerely interested in the honour and reputation of his Royal Highness, that he rejoiced to find that this question had taken a distinct shape, and that in the due and proper place, the period for inculpation, and he was sure of exculpation, had arrived—(Hear, hear, hear!) It was for Parliament to give the subject the fullest inquiry, but he trust ed that the Honourable Mover would in the first in stance, without any subsequent restriction, direct his 'roofs to the specific objects on which his charges of that night were founded. Mr. WHITBREAD concurred heartily in the re• commendation of the Chancellor of the Exchequer for the most public inquiry, It was due to the elevated rank of the illustrious personage accused, and to the great interests of the country, which were so impli cated in the issue. The Right Hon. Secretary had as sumed as a fact, that such a consipi racy as he described, existed, and upon that assumption he rested all his arguments. If such a conspiracy did exist, every man must lament, that such a character, elevated in rank and influence,should be exposed to unmerited calumny. Still it was to be presumed and hoped, that a Prince of the House of Hanover would prefer even suffering under such attach, rather than risque the liberty of that Press to which that Fathily and the British empire owed so much. But why was this brutality of insult so long suffered to continue ? Were the Attorney and Solicitor Generals asleep, and the other Law Officers of the Crown asleep ? How came it that they neglected their duty ? He was ready to give them credit that the omission was not intention al—( 4 laugh). There was one point in the speech of the .tight Honourabla•Se cretary from which he must dissent. It was assumed by him, that if the result should, as he trusted, acquit his Royal Highness, his Hon. Friend would be in famous for preferring the accusation. Such doctrine was not supported either by the spirit or usage of the Constitution. if there we re justifiable grounds for his charge, or if information of a strong kind was laid, before him, it was his bounden duty as an honest public servant, to act upon it in that House. In complianc.. with that sense of duty, his Honourable Friend did submit the subject to the House, and whatever might be the issue, he was convinced. that not a particle o. dishonour could attach to him (Mr. Wardle). Thee, was one strong reason that it should go to a Com mittee of the House, which weighed particularly with him—namely, that it would be impossible to select any set of names that would satisfy this herd•of libel lers and calumniators, of which such mention had been made by the Right Hon. Secretary. . Lord CASTLE REAGH supported the opinion, . that such a conspiracy did exist, with the determined object of running down the characters of thePrincet of the Blood, and through them to destroy the Monarchi cal branch of the ConstitutiOn. Having failed in the at tempt to injure it by open force, they now proceeded to sap and undermine it by the diffusion of seditious libels, converting the noble attributes of a free press to the most dangerous and detestable purposes. His Royal Highness the Commander in Chief was the principal object of their rancorous invective. To his prejudice,_ facts were falsified , and mot ives attributed to him of which his very nature was incapable. When forbear ance was stretched to its utmost point, and prosecutions were commenced, the base libellers were found to have absconded. Scarce had the calumny of one of them proceeded from the press, when the calumniator was found to have withdrawn himself to America (hear ! hear !). The motion of that night put the Duke of York and the public in a new situation. It gave the subject a distinct turn, and he knew that that elevated personage would deprecate any proeeeding that did not rest upon steps taken in the face of day. After a few observations from Mr. WARDLE, it was resolved that the House should on Wednesday next resolve itself into that Committee. The CHANCELLOR of the EXCHEQUER then proposed, that the Honourable Gentleman should give in a list of the names of those witnesses ke intend ed to call to substantiate his charge, that such Fersotis might be summoned to attend at the bar of the House on Wednesday next. Mr. WARDLE (after having gone to the table gi i make out his list of witnesses, returned to his seat) land said that he thought 4t would be attended Witis no inconvenience to deft•r Mentioning the wet:tittles till Ttimilay, whew he diouldtowie dowse° the Hahne - 141111dP furnish the *Tue. 'with v. 4. fiThgtpart4f should proceed to prove, and a list of tie • *at Biirsenntio'abartiinn.ittleggriatijuditial pro , . claretf- frie House; Ask in- cal* Air iteration to viricb, and by hit Writ step to sre- itself of that thii Very - solemn stibjectilitsivas solayaettiated by the fieedotu of conduct and action, that might event uall y sense of p ublic dut y ; tha t be was fret front any hostile pottclude it from adopting the course which it might feelin g to the elevated. p ersona g e, whose character his be convinced was ultimately serviceable. There was charges went so vitally to affect. For the iznpulieof • no course that could prove satisfactory.to the ec_un_tri ! F,t,t. b .. ll ,.... sp l ir tir i%a ur nd iiii d ni i , si t n n te o rfs . t:d him pa c tri red oti it sm . a , ndhesitCrlrly. I ? 4 , :OT vat Ot iity gill 14 %ad AA4