Star. — London, England, 1809-02-04 00:00:00

Q. Were the servants in 'Cleueesrer Place, Mrs. b r k e 's servants ? ,Yes, go the best of - my knowledge.--Q. Do you .know that they were not t he Duke's servants ? •A. :•beliere they were Did the buke order that none but. you ,i, ou ld go to . Gloucester. Place ?—A. None. but me. J When the Duke asked you whether you had c h v gcd the note, what answer did you make? ..A. ta w hi m I did not recollect ever having done so.— Do you now say so ? A. I do.—Q. Have you .wars given the sameenswer Io Others ? A. Al ways.— Q. Did the Duke never go in his carriage to Giolceste r-place ?A. Never.—Q. Nor on horse— ? A. Never. iti ßepeat what conversation yes, Mr. Adam, Mr. ilkinsen, and Mr. Lowton, h s j on this subject ? A. Mr. Adam asked. me had I ever got a note from the Duke or Mts. Clarke ? I said nev ; he then sent me to Mr. Wilkinson, who asked tie in s name, age, anchhow long I had been in the c c rvice of the Duke ; and he also-questioned me con cering the note, to which - I save the same answer. Has the Duke no valet de chambre who went him either in the night or morning to Gloucester '--? A. No.. The v.Stness was then ordered to withdraw. W. ADAM sear lien acaraianias pilaw : Q (By Mr. WARDLE). YOU said, Sir, that your ser vices to the Duke. of York were :ratuitour. May be allowed to ask whether you have not a son a Leatmant-Colonelin the army ? A. Yes, I have a ,s,s, Lieutenant -Colonel in• the 21st Foot.—Q. Pray at wliat ;ige was he so advanced ? A. 1 shall answer qu estion, and I am induced to do it thelssore fully from a letter which I have received, and which I will read to the House just now. The introdne -60 irid progress of my sun in the army; the House s ill allow me to detail, when they consider the na ture of the question which I have been asked— par!) General Stuart, who was the friend of my early lile, asked me if any of my five sons shewed any inclination to military service? I answered him, that I certainly had one who was then 14 or 1.5, and who Kid evidently such a tendency ; it was unnecessary lir him, he replied, to dwell upon his friendship for me, and immediately advanced my son to an En signcy, which 'was the first step in the routine of military promotion. The regiment to which he was a ppointed was then at Canada, and I immediately sent hint to Woolwich, that he !night obtain the edu cation most necessary to his profession. lam proud tosay my sin distinguished himself, and the House sill indulge me in the declaration, when they consi etr the question I have been asked.—[Hear .I—He vas pre:mated to a Lieuteiiancy by General Stuart, and on the expedition to the • Helder, he went as a Volunteer, at the age of sixteen, under the auspices of Sir R. Abercrombie. My son landed in the face of a hot fire, and for his conduct received the praise cf a 1 around him. [Here Mr. Adam was sensibly eirected.] The House still excuse me ; they will participate in a father's feelings. [Hear, hear, hear!) 1 , In that expedition, and in the most hazardous points, of it, he, with a Lieutenant's subdivision, and that composed of raw troops, drafted from the 4:tipple metal Militia, conducted himself coolly and ems- razcously. On his return the Duke of York promoted ra to a Company in his own regiment, the Cold stream Guards, an his own merits, and without my irittlferevce, so help me Goo.—[Hear . I ]—A Captain'. isen, is that regiment, again under Sir R. Aber crombie i.e went to Egypt, and took an iacti-repart in the ever-Fl,,riou.s landing in that country. He was aezorspasied by his friend, the son of SirJohnWareen, %sirs foil by his side. He was successively appointed 10 a Minority and a Lieutenant•colonelcy ; and on Co- Vvilson's being about to leave his regiment, I csramsnicated the circumstance tohis Royal Highnescs wao immediately promoted my son to the.' stbattalion et' the 1 could call upon those Generals who with my son, to attest his merits, and were the lamented Sir John Moore alive; he .wouid not want act advocate. With the permission of the House, I •tvill now read otter I have received—it is written in red ink. The later is in substance— " To W. Adam, Esq. " our character was once respectable—that• is now c..er : your shifting of sides in the House, and yes:- intsrferente in the Duke of York's letchery, v:ctild h:ue dubbed any other man with the epithet 1 .: punt. By your perpetual subserviency to the royal interests, one of your sons has obtained a Lieu tenanoci,le nelcy, and the other a ship—l wish I was toe , tioned as to that appointment— Bravo—go o%—& - .2 it you can persuade any man you are not I for profit when your family is thus provided --• What ! the Duke's conduct is not to be can 7 1 . -issed----no. nor his profligacy to his w—, because he is toe second in the kingdom, and a Prince, forsooth:— heeler as you will, the public can form their judg-• nor will a heavy burtlicned people be persua by the vote of a bear-garden that black is white. 1 : 0 1:est, change your principles with the colour of yots hair ; let this rubrick prove to -you typical-est :tiling, blushing as I am at your misconduct; :is for the House, it may discuss the subject— bu' it:; decision depends its own damnation or sal- A discnss;on here arose as to the propriety of enter itg this lette r a m ong t h e mi nu tes of evidence. Mr. ADAM left the House to form its own judg- 1 tin t ; he considered ift but his duty to read the letter House en account of the attack made on the e, and the threat held out to himself as one of i:LLISON contended for the impropriety of rz ~::.~ any such .anonymous publication -to the nuase. Mr. FULLER said, if the gentleman's conduct had proceeded upon grand, or noble, or dignified principles, such a publication would not have been read to the House. To tell any man to do his duty ! Bch y any man who did not do his duty would be " whipped cut of the House"—[Loud and repeated tries Order]. is I say, why am I out of order ?It is a threat, and 5091. should be offered for the author. if such poor creatures—" [Here the cries of or `!'r were so great, that . Mr. Furter was obliged to sit dow n .] Afttr a short conversation between Mr. LITTLE.. 7 ';, Sr. P.,DAI•I, and the CHANCELLOR of the Ilx t''EquEit— • ' l7 ' WARDLE proceeded to his second charge. 1 :- ccmpletely disclaimed imputing any unfair con- Lie. to Captain Maling, whom he certainlp coaside -I`:%i otaer light than that of an honourab:e man. • He then flitted &ache tai received thmie ptagter , , • sively rising. commissions in, the *pace of two , ytart and three quarters, the last of Whith was t Cap! taincy ; and this while many- subalterns, who could boast of seniority and service, were unsuccessful ap. plicants. Captain Maling was too; at the cornitteme . ent of this promotion, a clerk in Mr. Greenwood's office. He did not mean to state that Captain Ma ling was during the entire time a Clerk in the Aim— [Loud cheers from the Ministerial Benches.] His grand foundation, however, for the charge was the total neglect of a great body of meritorious subal terns, while Captain Maling was advanced without any merit of his. Mr. STURGES BOURNE stated with soma watmth the difference made in the statement to-night, and that in the opening of the charges. It had been first asserted, that Captain Maling was unduly , pro moted without the claim of one hour's service (Hear, hear ) The complexion which it that night assumed was, that his promotion was granted over the heads of manysenior and meritorious Officers. ,If such had been the ground on which the ori g inal statement was introduced, he believed the House would pause be fore it admitted of a question, whose discussion em braced the comparative merit of many Officers in the service. Indeed, if such au option was not entrusted to the Commander in Chief., he was at a loss to un derstand what was the discretion of such a situation. But at all events, there was no very high mid distin guished favour c onferred by apromotion in the Afri can regiment, a corps principally composed of Con victeand deserters. Mr. WORTLEY thought it the duty of any Member, in bringing such serious charges, previously to ascertain the facts on which he intended to procetd. ..He had to complain that this was not the only in stance in which the Hon. Member (Mr.Wardle) had shewn himself deficient in the necessary information. he instance in the case of Colonel French was more aggravated ; that officer the Hon. Member had never seen, and though his evidence was most material, he' was now out of the reach either of him dr of that House. It was' cruelty to attack persons so distin guished in rank and office, on points where it was impossible to bring the proofs forward which were necessary to substantiate the accusation. Mr. CROAKER restated the observations of the last Speaker. The CHANCELLOR of the EXCHEQUER conceived that the charge ought to be proceeded on by the Committee. It might probably become a fu.. 1 tare question, and a serious consideration, to know when and on what grounds the House was originally called upon to entertain it ?. It was to be recollected that from the manner in which it was introduced, it was possible that an impression unfavourable to the Commander in Chief might have been made on the public mind. - 'Tn.& justice to that illustrious perso nage he thought it the duty of the Committee to pro ceed. ( Hear, hear—Go on !) Mr. WARDLE wishad to acquiesce in the general wishes of the Committee, either to withdraw or to proceed with the charge. It was possible that in the warmth of discussion he might have stated in this charge something stronger than the case admitted.' But on referring to Iris own notes he had no idea to, make any other impression than that which heliimselt felt on the rapid promotion of Captain Maling over deserVing Officers, his seniors in the army. Ile 1/va . , certain that he did never assert that that Officer was promoted la ithout having ever served, because he well recollected that lie alluded to his having been a Pay niaster in Ireland. A long conversation then ensued, in which Mr. Dennis Browne, Mr. Lascelles, and Mr. Ellison, urged the necessity of proceeding in the discussion of the charge. Colonel Gordon (gamine(' ly Mr. Wardle. • Colonel Goal:ON stated, that Captain Milling Was, in November, 1805, on the recommendation of Sit Jdhn Doyle, appointed to an Ensigncy in the S7:11 1 Regiment. In November 18(16, when the men en-1 listed for limited service were formed into separate battalions, he was appointed, with four other officers,i to Lieutenancies in the.lth Garrison Battalion, but at the period of his promotion be was fully entitled to be advanced to the same rank in any other corps, accord ing to his Majesty's regulations. On the 24th of July, IEOS, an application was made by Major-Get.dral Fraser to the Commander in Chief, requesting his Royal,Highness that he might be allowed to appoint 1 Lieutenant Maling his Aid-de-Camp. The Regi. ment in which that officer was being under orders for I embarkation, and as it was inconsistent with the ho nour of the service, he did not quit his regiment. But soon after when the African Corps was aurrmented from four to six companies, Licutepant Mal mg was', recommended for one of the new companies. Colonel Gordon, however, first had an interview with Captain Malirsg's brother, in which-he intimated to him, that if the appointment of his brother to the vacant com pany took place, he should go with his regiment to' Goree. Captain Maling did join a detachment nf the African corps, who we.e doing duty aboard a prison ship, but was subsequently sent to Guernsey. At this time a second' pplication was made by Major- General Fraser to have Captain Maling appointed his Aid-de-Camp. The answer of the Comtnander in Chief was, that he approved of Captain Maling being employed in that capacity, so long as a - detachment of his corps remained in that island. Mr. WARDLE—Were not many subalterns, with stronger claims and longer services than Captain' Maling, refused, at the period of his appointment to the company, permission to purchase according to his Majesty's regulation ? Colonel Gordon was ordered to witidraw.' an and! after a long conversation between Sir Francis Burrldtt,. Lord Folkestone, Mr. Whitbread, Sir Arthur Wel— lesley, Mr. Tierney, and the Chancellor of the Ex chequer, that part of the question, which refetred to' the opinion On the respective claims of 'offices, was omitted. The question then stbod *3 follows : Q. Is it within your knowledge, that a number of subalterns, who had served longer than Captain 'Ma-: ling, were passed by, althouzh they had - signified their wish to purchase ?—.A. UnqUestitaiably . st very considerable number. Mar . ' .ha‘4" theperitisalaa explain.—lt is the invariable. praetict-ia-theitriny, it least It has been the ireraliable prof/Oct,. sinee*.the-. rind when his Royal ifighaelaVay.alloilated mander m Chief, that-no jos* eialitikbold;ba pro: moted-over the head *fa awdefin-thtaatoperogO. e ! W This ; regulation did got -extvad to s **hole atop sny &Arta iepaet, thietheAro' 77,1 • . •S cep recotnneended teas ait and wiper person s andi all. Boys et la thriejovit beta is within his Majesty ' s regulatiens%*—That Captain Ma- instances, suittpdtiotiily obtained 'irt.ss s ions, but ring was so I did coaceive, and I know him to be a when discovere4 she commissions ire canceiLd., promising officer as any in the army, and likely to do and the reason in every instance assigned in the Ga honour to his country. Bette , as far as came to the Commander in Chi- f's Q. Could not the Major of one regiment be pet as ears, who would be ranch obliged to any gentleman Lieutenant-Colonel over the head of another Kijor, for information on that head. Th.: "witness •men hiisenior in the service ? A. thedoubtedly not. tioned one • instance which he recollected. He had Q. Was not Colonel Pigott, of the 14th dragoons, no idea of the nature of the questions which would be promoted over a senior Major in that regiment ? A. asked and had been asked of him this day ; the box When I said that such an occurrence never took place, with papers which he had brought with him concern- I did mean that it was•the uniform regulation of the ed the exchange between Colonels Knight and Brook, army so to recommend officers, unless where some spe. the comrfrissions to Captain Maling, and the . African cial occasion for a contrary. conduct took 'place. I• Corps. He had no knowledge of what questions believe th4t Colonel Pigott'belonged to. the 21st regi- would be asked of him till this night. went, and I am certain that he was specifically re- Examined by Sir A. WELLest i ar: commended by the Commanding Officer, Lieutenant The witness said he recommended Mr. Maling to General Tarleton. be a Captain in the African Carps, in his character of, Q. Do you recollect hearing that an unpleasant Colonel Cornman?.ent. He found it difficult to gee occurrence took place in consequence of this promo- proper officers to do the duty of that corps, and - he tion ? A. I cannot say that I do. recommended Captain Maling on the understandialt• Q. Can you recollect whether at the period of Cap- 'that he would esteem it his dirty to attend.she rev fain Maling's promotion there were any number of ment. He at the same time recommended as ano- . recommendations .of Subalterns senior to him, for thee Captain to that Corps, Lieutenant Hare, of the leave tn purchase, befo r e the D u k e o f Y or k ? A. A - I s t G arr ison Battalion, who had served fifteen years. great number, but this. vacancy was not filled up by Examined by Mr. WARDLX. • purchase. • What were the services of Captain Manses bro. Q., Without .purchase ? A. It is very rare that ther; who is also a Captain in the army -?---A. There these were. " The applications must be numerous itt is a Captain Malingavho is an assistant of mine in such an extensive army. the Commander in Chief's Office, Who, I suppose, is Colonel GORDON then gave an account of the the person you mean. What his services are Tdo not time and manner he had,served his Majesty. He had know. nave found him to he 'of co n siderable sets. been four times in the West-Indies, and that for six • vice,' and in consideration of his good character, and years ; he lied 'served in every part of the world, the services rendered in attending to commissions except in the East-Indies ; it had been his fortune, other business of the office, I recommended him to however undeservedly, to have a sword voted to him the Commander in Chief to be put on the half-pay for his services. He had been in every situation from list, oil which he will be placed so soon as the Duke an Ensign, upwards, and what might seem uncom- of York has it in his power, there being at present na mon, in every department of the staff. .1-le had been ; opportunity of doing so. twelve years a subaltern, nine of them on constant 1 Q. Did that Captain Maling ever serve in any Regimental duty ; four years a Major, and six a j corps ?—A. I never heard lite did, and Ido not be- Lieutenant-Colonel. There were no regulations in lieve he ever • . the arrny, till they were introduced by the Duke of Examines by Mr. Worrmay. York. Before that, an Officer who had money might Does the Commander, in Chief require that a sue purchase up the length of a Lieutenant-Colonel in haltern should, be sixteen years of age ?--A. three weeks or a month. i rally ; but it sometimes happens that boys of fourteen Examined by the ATTORN MY-GENF:ft A L. or 15 are stouter. The witness declared, that where a commlssien was Examined by Lord FoLxitsTara. . to be procured by purchase, tre never knew a Junior 1 The witness said he was certain of the day On which Officer put over the head of a Senior Officer who was ! the Duke of York went to Weymouth, but he could willing to purchase—and that where to be bestov. - ed not say as to the time of the day; ble Duke often without purchase, he did not know of any instances, ; travelled in the night, but he could not say he did in which, where the conduct and character was unex so on this cccasion. ceptionable, a Junior Officer was put over the- head ; The other wituesses - not being present, of a Senior Officer, except in some cases which could' Mr. PERCEVAL proposed that the Chairman be satisfactorily explained. The witness then pro- ; should report progress, and inquired of the Honour• ceeded to explain, from papers which he had looked i able Gentleman (Mr. Wardle) when he Would b‘ out since his last examination, the way in which the ; ready to go on with any of the other charges ? exchange of Lieutenants -Colonel Knight and Brooke; Mr. WARDLE said, this must depend on the as, had not appeared in the Gazette till the Tuesday.— I rival of Captain Ilnsley Sandon. On the 23d the exchange was finally settled by the' Mr., , CROA.KX - 11. thought the present charge ripe Commander in Chief; on the 24th it . was made ready for decision. to be sent to the King for his approbation, but not , Mr. PERCE VAL, however, thought it would be being in time for the mail, his Majesty being then at ; better to report progress. Weymouth, it was sent on the 25th. On the 26th it Lord CASTLEREAGH said, he understood the received his Majesty's signature, and was returned to waggon-train was arrived ; the order sent dos* ; and the witness on the following day, being Saturday, that Captain Huxley Sandon might be in town by the but too late for that night's Gazette. It was Gazet- time the Committee should be ready to proceed oh ' ted on the next Gazette-day, on s rich military pro- Monday. motions were given. He begged leave farther to ex- PERCEVAL said, it weald be better to fix • plain, that referring back to his papers of the 23d of Monday am Tuesday. July, ISCS, he had fours.' two - letters which threw ad- Mr. 'WARDLE said, .he should attend on Mon. ditional light on this transaction. One was a letter day , and should then fix an early day. (Murmurs!) from a Member cf that House (Mr. Huskisson) to Mr. SHERIDAN said,. it was impossible then& the witness, stating that he understood that one of the nOurable Gentle Man should not be ready if the reit Majors of the nth Dragoons was anxious to resign, I were ready. There was a great probability the wit and requesting that his brother might be prcferredtolness would be here on Monday. If he should not the exchange. This letter was dated 22d July. The i have arrived the ease could ihen be put off. other was an answer to it, setting that the exchange Mr. WARDLE said he must prepare himself as with Colonel Brooke, to the Majority of that Regi- well as wait the arrival of tl.e witnesses. He should ment, had been already determined on, whose services be ready on Mienday to name a day. could not be overlooked. . Mr. CANNING asked which charge the 'Honour . Examined by Mr. WORTLEY. -* ! able Gentleman meant to bring forward first ? He The witness stated, that the regulations introduced was not precluded from fixing un which he pleased; by the Duke of. York were, that a subaltern must have i but the Committee had a right to see that no deliy been in that capacity two years before he was made a i took place. He (Mr. Canning) would not believe. Captain, and that six, years must elapse before he ; that the Honourable Gentlemati would prefer charges could be made a Field Officer. These regulations be of this serious kind, relying on the aiasence of the wit. never knew infringed. The Comr.7anderln Chief, he nesses. • stated, required his attendance every morning a little Mr. WARDLE said, he could net discover where after ten o'clock, and very rarely 1 ; :i ,- over business Mrs. Shaw was. • Could he have found her he should till after seven, often not till af ter eight o'clock. • have brdught on that charge first. It had been said The Commander in Chief was particularly careful i she was at rlath : he (Mr. Wardle) had accordingly that punctual attendance should be given to the bt- . sent to his agent there, who advised him that she liar siness of the office, and that it should be conducted in left that place. He should, if ;greeable, make a such a manner that reference might always be had to ; communication to-morrow to any of the - Right Hon. the causes of any promotion. `Gentlemen opposin, of the charge he should next ENarnined by Colond Woon I proceed in, and of the day on whiCh-he . should bring The witness stated, that the present Conimander , it forward. in Chief had adopted precautions, where commisions I Lord FOLKSTONE sawn right any Gentled a s were to be sold, to prevent those selling them from ; had. compel the Honourable Member tp proceed in disposing Of them below the regulated prices. In the : the absence of any of his witnesses. He was asking year 11101, when a great augmentation was made to I no more than common .indulgence, in desiring that the army, tho witnese understood that such abuses : he might have till Monday to fix an 'early day for did exist as to the purchase and sale of commissions,' proceeding. The business already standing in' the that he communicated. the same to the Commander i order book, for Monday, was more than sufficient for in chief, who was highly indignant 'onthe occasion, 1 that day. - . and ordered .1 circular to be distributed to the dif- I Mr. CANNING said, it might be found** there ferent army agents, stating his high . disapprobation i was enough standing in the order book foreeery clay of the practice, and stating, that wherever any agent , of the Session i bat that was no reason why this im ; was concerned in it, he should recommend the agency pottant discussion should be delayed. If any whof, the of the regiment to be taken from them. In COnSe• witnesses were absent, that was enouh: . But y quence °fails letter, public regulationi were adopted, the Hon. Member . had not Made up !is mind *Which 1 which, however,' were found to be insufficient to pre- charge he was next to proCeed on,. he (Mr. Catmint')" ' vent the evil. The witness laid the subject before an . cou ld not sa y . - - • • - • eminent Counsel, but no redress could be had, the thoughlie wild Mr. W. SMITH agreed that he could see no ' offence not even coining - under ihe description of a . why the Honourable Member shoul d not hav e Made s ,' misdemeanor. The witness, in cmisequenen, had a:CP hi mind on that subjeep,.-'lsat conference on the subject with the Gentleman who not see it, 'the Hiancittrable. Geridernin might UV, then executed the office of Secretary at War, and by: reasosis for it in his own mind; *Nat iiizere phrTe c oy him a clause was introduckd into the Mutiny Act, in- satisfactory. One reason for not fiairtg , the kither, flitting a. penalty'on any,person who should interfere proCeeding for Monday tha :}lononribk• ty c ii t i . - a in the sale of cdroniissicina.. : had already stated,..namely, the absence of Av. Shiers Eacoaisseit &.y Lord ,VOI I IteSTONL. . .These were charges•Ofa Onions nattmei - iiii doubt, ha The Witness stated, dirt there was. not a day while 1 . - they were also charges , in which c hi -- th a t vl i, 2 ..._. the Conitriander In ChletWas •at lion* that be didl tereseed, and. .a a Asinhi aac'i ! l l iii i i 1_ ' t tug tem not see .hiiii:, At the Of. • th e Pcbacige between character of the Sane oral that . Yid, Ir ft--- - . . •• pv Welsh .. . 'COottels raughtiand Brooke , the Xing was at Wey r l pie/ening Path 'eltargelloila triaketwiliji - - ) c i t i l tii t s. swath. The ratification of the exchange : was sent : and browbeating. Woritru 44 1 04 thetioaso by the 'snail coach. The witness recollected the time'i *NUM est could - Hairs. toy ii*lik, hi "' - - when the Duke of. Ytirk went to N.Vernostik.:lt wax . . the Noteeiirablittafthoio. ,Thei %spa t sv=3 on'thin niecif Jot.. attio,.,o *t11,,,d4 basun num. : '-. -Ai dili:subJeti lt the, • , ". . . -p s , t h e. be{ 'd itar...s . — ilia* Annik s was. tequitia.to itadtle:any 1 . • - - miner •. • ista ltedie .he a Field 00ini. Si* laigi . ,,evek,:wap -, ii ! ,o_ iv i o_ ,_*.d ."' . 4 t i:. ' tigir s ; withal lildisOt t. Wee trill& mead .1:1m. ,* ". . .•.. : d e win g= .4. hoist ever beta made widtoat any *ram at ' maths Om side Of do Beimai •miliiL -eitresaid tack , . 111